Approval and Promulgation of Implementation Plans: Minnesota:
Minneapolis-St. Paul Carbon Monoxide Maintenance Plan Update
[Federal Register: December 9, 2004 (Volume 69, Number 236)]
[Rules and Regulations]
[Page 71375-71380]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de04-13]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2004-MN-0002; FRL-7846-7]
Approval and Promulgation of Implementation Plans: Minnesota:
Minneapolis-St. Paul Carbon Monoxide Maintenance Plan Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a revision to the Minnesota State
Implementation Plan (SIP) for the maintenance of the Carbon Monoxide
(CO) ambient air quality standards (NAAQS) submitted on November 10,
2004. Specifically, EPA is approving Minnesota's revised 1996 and 2009
CO emissions inventories and 2009 Motor Vehicle Emissions Budgets
(MVEB) recalculated using MOBILE6 for the Minneapolis-St. Paul CO
maintenance area.
DATES: This rule is effective on January 24, 2005, unless EPA receives
relevant adverse written comments by January 10, 2005. If adverse
comment is received, EPA will publish a timely withdrawal of the rule
in the Federal Register and inform the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. R05-OAR-
2004-MN-0002 by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
E-mail: bortzer.jay@epa.gov.
Fax: (312) 886-5824.
Mail: You may send written comments to: J. Elmer Bortzer, Chief,
Air Programs Branch (AR-18J),
[[Page 71376]]
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief,
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois
60604. Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30 excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No.R05-OAR-2004-MN-
0002. EPA's policy is that all comments received will be included in
the public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov, or
e-mail. The Federal regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional instructions on submitting comments, go to the SUPPLEMENTARY
INFORMATION section of the related proposed rule which is published in
the proposed rule section of this Federal Register.
Docket: All documents in the docket are listed in an index.
Although listed in the index, some information is not publicly
available, i.e., CBI or other information whose disclosure is
restricted by statute. Publicly available docket materials are
available in hard copy at Environmental Protection Agency, Region 5,
Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. (We recommend that you telephone Michael Leslie,
Environmental Engineer, at (312) 353-6680 before visiting the Region 5
office.) This Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental
Engineer, Criteria Pollutants Section (AR-18J), Air Programs Branch,
Air and Radiation Division, United States Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312) 353-6680, leslie.michael@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is organized as follows:
I. General Information
A. Does This Action Apply to Me?
B. How Can I Get Copies of This Document and Other Related Information?
C. How and To Whom Do I Submit Comments?
II. Background
III. What Is The MOBILE Model and MOBILE6?
IV. What Is Transportation Conformity?
V. What Is a Motor Vehicle Emissions Budget?
VI. What Is the Purpose and Content of Minnesota's Submittal?
VII. What Are the Revised CO Emissions Inventories?
VIII. What Is Minneapolis-St. Paul Revised Motor Vehicle Emissions Budget?
IX. EPA Action.
X. Statutory and Executive Order Reviews
I. General Information
A. Does This Action Apply to Me?
This action is a non-regulatory planning document designed to
ensure that ambient concentrations of CO in the Minneapolis-St. Paul
area are maintained at levels that comply with the NAAQS.
B. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an electronic public
rulemaking file available for inspection at Regional Material in
EDocket (RME) under RME ID No. R05-OAR-2004-MN-0002, and a hard copy
file which is available for inspection at the Regional Office. The
official public file consists of the documents specifically referenced
in this action, any public comments received, and other information
related to this action. Although a part of the official docket, the
public rulemaking file does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public rulemaking file is the collection of
materials that is available for public viewing at the Air Programs
Branch, Air and Radiation Division, EPA Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m. excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov Web site located at http://
www.regulations.gov where you can find, review, and submit
comments on Federal rules that have been published in the Federal
Register, the government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public inspection.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket ``R05-OAR-
2004-MN-0002'' in the subject line on the first page of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
For detailed instructions on submitting public comments and on what
to consider as you prepare your comments see the ADDRESSES section and
the section I General Information of the SUPPLEMENTARY INFORMATION
section of the related proposed rule which is
[[Page 71377]]
published in the Proposed Rules section of this Federal Register.
II. Background
The Minnesota Pollution Control Agency (MPCA) is required to
develop and periodically update a maintenance plan to ensure that
ambient concentrations of CO in the Minneapolis-St. Paul area are
maintained at levels that comply with the NAAQS. The CO Maintenance
Plan for Minneapolis-St. Paul is a component of Minnesota's SIP for the
NAAQS. The CO maintenance plan established a MVEB which is used in
transportation conformity.
On January 29, 2002, EPA officially released the MOBILE6 motor
vehicle emissions factor model (67 FR 4254). The primary purpose of
this submittal is to use the MOBILE6 model to help MPCA update the CO
Maintenance Plan's MVEB. The on-road mobile, point and area, and non-
road portions of the maintenance plan's CO emissions inventory have
been updated as well.
III. What Is the MOBILE Model and MOBILE6?
MOBILE is an EPA emissions factor model used for estimating
pollution from on-road motor vehicles. MOBILE calculates emissions of
volatile organic compounds (VOCs), nitrogen oxides (NOX) and
carbon monoxide (CO) from passenger cars, motorcycles, buses, and
light-duty and heavy-duty trucks. The model accounts for changes in
vehicle emission standards, changes in vehicle populations and
activity, and variation in local conditions such as temperature,
humidity, fuel quality, and air quality programs.
MOBILE is used to calculate current and future inventories of motor
vehicle emissions at the national and local level. Inventories based on
MOBILE are also used to meet the federal Clean Air Act's SIP and
transportation conformity requirements.
MOBILE6 is the first major update of the MOBILE model since 1993.
The MOBILE model was first developed in 1978. It has been updated many
times to reflect changes in the vehicle fleet and fuels, to incorporate
EPA's growing understanding of vehicle emissions, and to cover new
emissions regulations and modeling needs. Although some minor updates
were made in 1996 with the release of MOBILE5b, MOBILE6 is the first
major revision to MOBILE since MOBILE5a was released in 1993.
IV. What Is Transportation Conformity?
Transportation conformity means that the level of emissions from
the transportation sector (cars, trucks and buses) must be consistent
with the requirements in the SIP to attain and maintain the air quality
standards. The Clean Air Act, in section 176(c), requires conformity of
transportation plans, programs and projects to an implementation plan's
purpose of attaining and maintaining the National Ambient Air Quality
Standards. EPA published rules (40 CFR part 93 subpart A) establishing
criteria and procedures for determining whether transportation plans,
programs and projects funded or approved under title 23 U.S.C. or the
Federal Transit Act conform to the SIP.
The transportation conformity rules require a CO maintenance area,
such as Minneapolis-St. Paul, to compare the actual projected emissions
from cars, trucks and buses on the highway network, to the MVEB
established by a maintenance plan. The Minneapolis-St. Paul area has an
approved CO maintenance plan. This submittal established the new MVEB
for transportation conformity purposes.
V. What Is a Motor Vehicle Emissions Budget?
An MVEB is the projected level of controlled emissions from the
transportation sector (on-road mobile sources) that is estimated in the
SIP. The SIP controls emissions through regulations, for example, on
fuels and exhaust levels for cars. The emissions budget concept is
further explained in the preamble to the November 24, 1993,
transportation conformity rule (58 FR 62188). The preamble also
describes how to establish the MVEB in the SIP and how to revise the
emissions budget. The transportation conformity rule allows changing
the MVEB as long as the total level of emissions from all sources
remains below the attainment level.
VI. What Is the Purpose and Content of Minnesota's Submittal?
In this submittal, Minnesota provided 1996 and 2009 CO emissions
inventories based on the MOBILE6 model. The purpose of this submittal
is to update the CO Maintenance Plan MVEB to reflect the updated
inventories. EPA officially released the MOBILE6 motor vehicle
emissions factor model on January 29, 2002 (67 FR 4254). The November
10, 2004, submittal demonstrates that the new levels of motor vehicle
emissions calculated using MOBILE6 continue to support maintenance of
the CO NAAQS for Minneapolis-St. Paul area.
VII. What Are the Revised CO Emissions Inventories?
The MPCA contracted with the Sonoma Technology Incorporated (STI)
consultants to develop the emissions inventory for the maintenance
plan. Table 1 below summarizes the revised CO emissions inventories in
tons per winter day. EPA is approving these revised 2009 emissions
inventories. The CO emission inventory includes on-road mobile sources,
point and area sources, and non-road mobile sources.
Table 1.--Minneapolis-St. Paul CO Emissions (tons/winter day)
------------------------------------------------------------------------
Source category 1996 2009
------------------------------------------------------------------------
On-Road Mobile........................................ 1,872 1,311
Point and Area........................................ 297 127
Non-Road Mobile....................................... 337 418
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Totals............................................ 2,506 1,856
------------------------------------------------------------------------
On-Road Mobile Sources
On-road mobile sources represent the majority of CO emissions for
the Minneapolis-St Paul CO maintenance area. The revised inventories
were developed using the latest planning assumptions, including updated
vehicle registration data and age distribution, vehicle miles traveled
(VMT), speeds, fleet mix, and SIP control measures.
The VMT data used for the 1996 on-road mobile source inventories
were generated from the data that was reported annually to the United
States Department of Transportation's Highway Performance Monitoring
System (HPMS). Because HPMS data are annual average daily traffic
(AADT) data, these data need to be adjusted for wintertime inventories.
The Minnesota Department of Transportation estimated a scaling factor
of 0.87 for converting annual VMT to wintertime VMT, and this factor
was applied to all HPMS data.
For future years, VMT data were estimated using a traffic demand
model (TDM) recently developed by the Metropolitan Council. This model
estimates VMT on freeways, including some but not all ramps and
arterials and collectors. To estimate the total VMT on freeways (i.e.,
including all ramps), a default assumption from MOBILE6 that total
freeway VMT is 92% nonramp and 8% ramp was used.
For the 1996 emission inventory, the speeds were assumed for each
functional class (interstate, arterial, and collectors), with the
exception that local systems (urban and rural) were modeled as local
roadways in MOBILE6, and therefore had fixed average speeds of 12.9
mph. Information was not available
[[Page 71378]]
to break the speed data down into separate averages for AM peak, PM
peak, and off-peak periods, or to determine the statistical
distribution of different speeds. For freeways and interstates, the
speeds were assumed to be the VMT weighted average of ramp and nonramp
speeds. The MOBILE6 defaults for freeway ramp VMT and freeway nonramp
VMT were assumed.
The TDM calculates speeds for future years, but the speed
calculation methods were not developed for purposes of emissions
modeling. In most transportation models, speed is estimated primarily
to allocate travel across the roadway network. Speed is used as a
measure of impedance to travel rather than as a prediction of accurate
travel times. For this reason, speed results from most travel demand
models must be adjusted to properly estimate actual average speeds.
As a result, rather than using the speeds calculated by the TDM,
speeds were calculated in accordance with EPA guidance. The EPA
guidance identifies eight different methodologies for estimating speed
of which one involves the use of a post-processor. For each TDM run,
the post-processor was applied to each roadway link for each hour of
the day. The number of roadway links differed among TDM runs; and
therefore the interpolation of link-specific speed data between TDM
runs (as was done for VMT data) would not have been straightforward for
2009 and 2019. The interagency consultation group decided that it was
reasonable to estimate that 2009 average speeds would be approximately
the same as those estimated from the 2010 TDM run, and 2019 average
speeds would be approximately the same as those estimated from the 2020
TDM run. VMT weighted average speeds were calculated for each county,
MOBILE6 roadway type (i.e., freeway and arterial/collector), and time
period (AM peak, PM peak, or off-peak).
The distribution of VMT across different vehicle types is referred
to as the ``VMT mix.'' MOBILE6 includes default VMT mixes for past,
current, and future years, taking into account projected changes in VMT
mix over time. Although past VMT mix information could have been
updated based on HPMS data, this is not possible for future years. For
this reason, MOBILE6 defaults for VMT mix were used to generate emissions.
Although the MOBILE6 model includes default vehicle age
distributions, which are usually assumed to not change over time,
MOBILE6 results can depend heavily on the distribution of vehicle ages
used. STI obtained vehicle registration data from the Minnesota
Department of Public Safety. For each vehicle, these data included a
vehicle identification number (VIN) and the county of registration.
These data were used to determine age distributions for light-duty
passenger vehicles and light-duty trucks (LDVs and LDTs) in the 8-
county Minneapolis-St. Paul area. STI used MOBILE6 defaults for heavy-
duty vehicle age distributions. Heavy-duty vehicle traffic in
Minneapolis-St. Paul is likely to have a significant contribution from
vehicles registered outside the eight counties, and possibly outside
the state, thus indicating that national default data were more
appropriate for heavy-duty vehicles than for light-duty vehicles.
For light-duty cars, the Minneapolis-St. Paul age distribution is
very similar to the default national age distribution included in
MOBILE6; but LDTs in the 8-county region were significantly newer than
the MOBILE6 default age distribution with the exception that Class 1
LDTs were significantly older than the MOBILE6 default age distribution.
Point and Area Sources
The emission inventories for stationary and area sources were based
on MPCA's emissions estimates for 1996 and 2002. Information gaps in
the 2002 inventory were filled with estimates acquired from the Central
Regional Air Planning Association, the Lake Michigan Air Directors'
Consortium, and the preliminary draft version of the EPA's 2002
National Emission Inventory (NEI). Emissions were projected from 2002
forward to 2009 (and, when needed, back to 1996) by applying growth
factors from EPA's Economic Growth Analysis System (EGAS) model or
other appropriate growth surrogates. For example, STI applied survey
data that indicated declining trends in the numbers of fireplaces per
household and the consumption of wood per fireplace, as well as
increasing trends in the estimated numbers of housing units (historical
and forecasted) to project emissions for residential wood combustion.
Finally, STI applied seasonal profiles to estimate emissions for a
typical winter day.
The specific information sources used for 1996 and 2002 emissions
estimates, growth projection factors, and seasonal profiles applied for
each emissions source category (designated by source classification
code [SCC]) were included in an appendix to the submittal. In addition,
some of the stationary source estimates reflect local data.
Non-Road Sources
Non-road emissions result from the use of fuel in a diverse
collection of vehicles and equipment such as recreational vehicles,
agricultural equipment, and construction equipment. STI used the newest
version of EPA's NONROAD model to estimate emissions from all non-road
sources except commercial marine vessels (CMVs), locomotives, and
aircraft. NONROAD was run for the 1996 and 2009 winters in the 8-county
area, using weekday activity information. The most recent version of
this model is NONROAD2004 released on May 11, 2004.
Some of the seasonal activity factors in NONROAD2004 were adjusted
to account for local information. For the Minneapolis-St. Paul area, it
was determined the wintertime activity for some types of lawn and
garden equipment (and golf carts) should be 0%. Aircraft ground support
equipment and terminal tractors are excluded from the non-road
emissions because these emissions were included in MPCA's emission
inventory for airports.
In winter, emissions from CMVs in the Minneapolis-St. Paul area are
negligible due to frozen waterways. Year 2002 emissions from airport
ground-support equipment at the Minneapolis-St. Paul airport and
emissions from aircraft were acquired from the MPCA point source
inventory. Emissions from ground-support equipment were projected to
1996 and 2009 by using EGAS growth factors. Emissions for aircraft were
projected by using historical aircraft operations data, forecasts of
operations by the Metropolitan Council, or forecasts of operations by
the Federal Aviation Administration whenever available. Historical data
and forecasts were not readily available for a few small airports;
therefore, EGAS growth factors were applied instead. Aircraft at these
airports accounted for approximately 12% of total emissions from
aircraft in 2002.
Emissions from locomotives were estimated to be quite low
(approximately one ton per winter day) in the 1998 Maintenance Plan,
and a recent evaluation of locomotive emissions conducted by STI for
calendar year 2002 confirmed that these emissions were approximately
correct. Therefore, the 1996 locomotive emission estimates in the 1998
Maintenance Plan were retained. For 2009, locomotive emissions were
assumed to be identical, since EPA has projected no growth in
locomotive fuel usage and no CO emission reductions
[[Page 71379]]
associated with its locomotive emissions regulations.
VIII. What Is Minneapolis-St. Paul Revised Motor Vehicle Emissions Budget?
MPCA submitted an emissions inventory for the Minneapolis-St. Paul
maintenance area for the base year of 1996. The year 1996 was selected
for the inventory as no excursions or violations of the standard
occurred. Emissions were then projected for 2009. The MOBILE6 emissions
model was used for on-road mobile sources. These revised inventories
were developed using the latest planning assumptions, including updated
vehicle registration data from 1996 through 2009, VMT, speeds, fleet
mix, and SIP control measures. The emission inventory amounts are shown
in the table below.
Table 2.--Minneapolis-St. Paul CO Emissions (tons/winter day)
------------------------------------------------------------------------
Source category 1996 2009
------------------------------------------------------------------------
On-Road Mobile........................................ 1,872 1,311
Point and Area........................................ 297 127
Non-Road Mobile....................................... 337 418
----------
Totals............................................ 2,506 1,856
------------------------------------------------------------------------
A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. The attainment level of
emissions is the level of emissions during one of the years in which
the area met the air quality health standard. For example: The
emissions from point, area and mobile sources for the Minneapolis-St.
Paul area in 1996 equaled 2506 tons per winter day of CO. The projected
emissions for 2009 totaled 1856 tons per winter day of CO from all
sources. The safety margin for the Minneapolis-St. Paul area is the
difference between these amounts, or 650 tons per winter day of CO.
Minnesota has submitted a complete and accurate emissions inventory
of CO for the Minneapolis-St. Paul maintenance area and we are
approving the emissions inventory. Based upon the updated emissions
inventory, the revised maintenance plan contains a new budget (or
limit) for motor vehicle emissions resulting from transportation plans
for the Minneapolis-St. Paul maintenance area. We have reviewed the
budget and have found that the budgets meet all of the adequacy
criteria in section 93.118 of the transportation conformity rule. These
criteria include: (1) The SIP was endorsed by the Governor (or his
designee) and was subject to a state public hearing; (2) consultation
among federal, state, and local agencies occurred; (3) the emissions
budget is clearly identified and precisely quantified; (4) the MVEB,
when considered together with all other emissions, is consistent with
attainment; and (5) the MVEB is consistent with and clearly related to
the emissions inventory and control strategy in the SIP. We are also
required to consider comments submitted to the state at the public
hearing. No significant comments were received by the state on the
transportation conformity budget. The new area-wide CO budget is shown
in the table below:
Table 3.--Minneapolis-St. Paul's Motor Vehicle Emissions Budget
------------------------------------------------------------------------
2009 CO
emissions
Source category (tons/winter
day)
------------------------------------------------------------------------
On-Road Mobile.......................................... 1,311
Safety Margin........................................... 650
Motor Vehicle Emissions Budget.......................... 1,961
------------------------------------------------------------------------
This new MVEB is to be used in all subsequent conformity
determinations concerning transportation plans in the Minneapolis-St.
Paul maintenance area. We believe that the MVEB is consistent with the
control measures identified in this maintenance plan and that this plan
demonstrates maintenance with the CO standard.
The above demonstrates the 2009 emissions will still maintain the
total emissions for the area at or below the maintenance level. For
this reason, EPA is approving the new projected MVEB for 2009.
IX. EPA Action
EPA is approving the Minnesota SIP revision submitted on November
10, 2004. This submittal revises Minnesota's 1996 and 2009 CO emission
inventories and 2009 MVEB using MOBILE6 for the Minneapolis-St. Paul CO
maintenance area.
EPA is publishing this action without prior proposal, because EPA
views this as a noncontroversial revision and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, EPA is proposing to approve the SIP revision should
adverse written comments be filed. This action will be effective
without further notice unless EPA receives relevant adverse written
comments by January 10, 2005. Should the Agency receive such comment,
we will publish a final rule informing the public that this action will
not take effect. Any parties interested in commenting on this action
should do so at this time. If we do not receive comments, this action
will be effective on January 24, 2005. An effective date 45 days from
the date of publication in the Federal Register has been selected in
consideration of section 553 of the Administrative Procedure Act (5
U.S.C. 553). Section 553(d)allows us to make this action effective in
45 days because this action relieves a restriction on the funding of
transportation projects in Minnesota which would occur and continue
without the approval of this plan revision.
X. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
For this reason, this action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship
[[Page 71380]]
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 7, 2005. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide.
Dated: November 30, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
? 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Y--Minnesota
? 2. Section 52.1237 is amended by adding paragraph (d) to read as follows:
Sec. 52.1237 Control strategy: Carbon monoxide.
* * * * *
(d) Approval--On November 10, 2004, Minnesota submitted a revision
to the Carbon Monoxide (CO) maintenance plan for the Minneapolis-St.
Paul area. These plans revised 1996 and 2009 motor vehicle emission
inventories and 2009 Motor Vehicle Emissions Budgets (MVEB)
recalculated using the emissions factor model MOBILE6. The MVEB for
transportation conformity purposes for the Minneapolis-St. Paul
maintenance area is 1961 tons per winter day of CO.
[FR Doc. 04-27026 Filed 12-8-04; 8:45 am]
BILLING CODE 6560-50-P
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