55170 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations

§ 20.611 Rule 611. Continuation of

representation following death of a claimant

or appellant.

A recognized organization, attorney,

agent, or person properly designated to

represent a claimant or appellant will be

recognized as the representative of his

or her survivors for a period of one year

following the death of the claimant or

appellant. The provisions of this section

do not apply to any survivor who has

appointed another representative in

accordance with these rules or who has

indicated in writing that he or she does

not wish to be represented by the

claimant’s or appellant’s representative.

Written notice that a survivor does not

wish to be represented by the claimant’s

or appellant’s representative will be

effective when received by the agency of

original jurisdiction or, if the case has

been certified to the Board for appellate

review, by the Board of Veterans’

Appeals.

(Authority: 38 U.S.C. 5902–5904)

Subpart N—Miscellaneous

3. In subpart N, § 20.1302 is revised

to read as follows:

§ 20.1302 Rule 1302. Death of appellant

during pendency of appeal.

An appeal pending before the Board

of Veterans’ Appeals when the appellant

dies will be dismissed.

(Authority: 38 U.S.C. 7104(a))

[FR Doc. 97–28059 Filed 10–22–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52

[MN54–01–7279a; FRL–5913–3]

Approval and Promulgation of

Implementation Plan: Minnesota

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The United States

Environmental Protection Agency (EPA)

approves Minnesota’s 1993 periodic

carbon monoxide (CO) emission

inventory. The inventory was submitted

by the State of Minnesota to satisfy a

Federal requirement that those States

containing CO nonattainment areas

(NAA’s) classified moderate and serious

submit a revised emission inventory

(i.e., from the 1990 base year inventory)

at the end of each 3 year period

thereafter, until the area is redesignated

to attainment. It is an inventory of

actual CO season emissions from all

sources, in accordance with EPA

guidance.

The geographic area covered in the

1993 periodic CO emission inventory

includes counties of the Twin Cities

seven county metropolitan area (Anoka,

Carver, Dakota, Hennepin, Ramsey,

Scott, and Washington), and Wright

County. The rationale for this approval

is set forth in this final rule; additional

information is available at the address

indicated below in the supporting

Technical Support Document (TSD).

Elsewhere in this Federal Register, EPA

is proposing approval and soliciting

comment on this action; if adverse

comments are received, EPA will

withdraw the direct final rulemaking

and address the comments received in

a new final rule; otherwise no further

rulemaking will occur on this action.

DATES: This final rule will be effective

Decmeber 22, 1997 unless substantive

adverse comments not previously

addressed by the State or USEPA are

received by Novmeber 24, 1997. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Written comments may be

mailed to Carlton T. Nash, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), United

States Environmental Protection

Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois, 60604.

Copies of the material submitted by the

Minnesota Pollution Control Agency

may be examined during normal

business hours at the same location.

FOR FURTHER INFORMATION CONTACT:

Charles Hatten at (312) 886–6031.

SUPPLEMENTARY INFORMATION:

Background

Under the Clean Air Act as amended

(including the 1990 Amendments)(the

Act), States have the responsibility to

inventory emissions contributing to the

National Ambient Air Quality Standards

nonattainment, to track these emissions

over time, and to ensure that control

strategies are being implemented that

reduce emissions and move areas

towards attainment. The Act required

States with moderate and serious CO

nonattainment areas to initially submit

a base year CO inventory that

represented actual emissions during the

peak CO season by November 15, 1992.

This base year inventory was for

calendar year 1990. Moderate and

serious CO nonattainment areas were

also required to submit a revised

emissions inventory periodically. The

submittal of the first periodic emissions

inventory is required no later than

September 30, 1995, and every 3 years

thereafter until the area is redesignated

to attainment. The 1990 base year

inventory is the primary inventory from

which the periodic inventories are

derived. Further information on these

inventories and their purpose can be

found in the document ‘‘Emission

Inventory Requirements for Carbon

Monoxide State Implementation Plans,’’

U.S. Environmental Protection Agency,

Office of Air Quality Planning and

Standards, Research Triangle Park, NC,

March 1991.

The air quality planning requirements

for CO nonattainment areas are set out

in section 187 of Title I of Clean Air Act

(the Act). Under section 187(a)(5) of the

Act, for those States containing areas

designated nonattainment for CO, and

classified moderate or serious, a revised

emission inventory (i.e., from the 1990

base year inventory) must be submitted

at the end of each 3 year period

thereafter, until the area is redesignated

to attainment. The State’s submittal

must include a comprehensive,

accurate, and current inventory of actual

CO season emissions from all sources.

Stationary point, area, and on-road and

off-road mobile sources are to be

included in the inventory. This first

periodic inventory is for calendar year

1993. The periodic inventory is to

address actual CO emissions for the area

during the peak CO season. The peak

CO season should reflect the months

when peaks CO air quality

concentrations occur. For many, but not

all areas of the country, the peak CO

season will be in the winter-time

months. For areas where winter is the

peak CO season, the 1993 periodic

inventory will include the winter

months that begin in 1992 and extend

into 1993 (e.g., December 1992 through

January-February 1993). Available

guidance for preparing emission

inventories is provided in the General

Preamble (57 FR 13498, April 16, 1992).

Emission inventories are first

reviewed under the completeness

criteria established under section

110(k)(C) of the Act (56 FR 42216,

August 26, 1991). According to section

110(k)(1)(C) if a submittal does not meet

the completeness criteria, ‘‘the State

shall be treated as not having made the

submission.’’ Under section 179(a)(1)

and 110(c)(1), a finding by EPA that a

submittal is incomplete is one of the

actions that initiates the sanctions and

Federal Implementation Plan.

Review of State 1993 CO Periodic

Emission Inventory (PEI)

I. Procedural Background

The approach to developing the 1993

PEI should be to require a rigorous
Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations 55171

1Reference the September 30, 1994,

memorandum from David Mobley, ‘‘1993 Periodic

Emission Inventory Guidance,’’ it presented

suggestions on the guidance preparation of the 1993

periodic emission inventory and reporting

requirements.

inventory, similar to that for the 1990

base year emission inventory, that

would be suitable for regulatory

purposes; i.e., milestone compliance

demonstration or maintenance plan

tracking. However, if EPA determines

that the 1993 PEI will not be used to

support a regulatory purpose, a less

rigorous approach may be appropriate.1

After a preliminary review of the May

25, 1995, draft submittal of the 1993

PEI, EPA notified the State of Minnesota

Pollution Control Agency (MPCA) in a

letter with its determination that the

inventory was being prepared in

accordance with EPA guidance, and

recommended that the MPCA complete

the quality assurance checks on the

draft inventory. EPA also recognized at

this time a less rigorous approach to

developing the 1993 CO PEI would

satisfy the requirements of section

187(a)(5) of the Act, since it would not

have any impact for regulatory

purposes.

The final 1993 CO PEI was submitted

on September 28, 1995, from the MPCA

to EPA. The EPA reviewed the

inventory and is satisfied that all

Agency guidance requirements have

been met.

The 1993 CO PEI inventory contained

summary tables for stationary point and

area sources, and mobile source (both

on-road and nonroad) CO emissions in

tons per year and pounds per winter

day. A detailed breakdown of these

source categories, for the Twin Cities

seven county metropolitan area (Anoka,

Carver, Dakota, Hennepin, Ramsey,

Scott, and Washington), by county, and

Wright County is given in summary

tables 1.4.1, 1.4.2, 1.4.3, and 1.4.4.

Summary tables 1.4.5, 1.4.6, 1.4.7, and

1.4.8 for the 1993 PEI provide CO

emissions in the Twin Cities seven

county metropolitan area, by county and

Wright County; seven and eight county

totals as a percent of total CO emissions

in tons per year and pounds per winter

day, by major source category.

The plan submittal also included a

comparison of the 1993 PEI and the

1990 base year inventory for stationary

point and area sources, and mobile

source (both on-road and nonroad) CO

emissions in tons per year and pounds

per winter day. A detailed breakdown of

these source categories, for the Twin

Cities seven county metropolitan area

(Anoka, Carver, Dakota, Hennepin,

Ramsey, Scott, and Washington), by

county, and Wright County is given in

summary tables 1.4.9, 1.4.10, 1.4.11, and

1.4.12. Summary tables 1.4.13, 1.4.14,

1.4.15, and 1.4.16 provide a comparison

of the 1993 PEI and the 1990 base year

inventory CO in the Twin Cities seven

county metropolitan area, by county and

Wright county; seven and eight county

totals emissions as a percent of total CO

emissions in tons per year and pounds

per winter day, by major source category

are also provided.

The CO nonattainment boundaries for

these areas are described in 56 FR 56694

(November 6, 1991), and classified as

moderate. The geographic area covered

is classified as a moderate CO

nonattainment area because the area has

a design value of 11.40 parts per

million.

II. Final Rulemaking Action

EPA is approving the Minnesota’s

1993 CO periodic emission inventory as

meeting the requirements of section

187(a)(5) of the Act as a revision to the

CO state implementation plan for all

areas designated as nonattainment,

classified moderate and serious. These

areas included the counties of the Twin

Cities seven county metropolitan area

(Anoka, Carver, Dakota, Hennepin,

Ramsey, Scott, and Washington), and

Wright County.

Because EPA considers this action

noncontroversial and routine, we are

approving it without prior proposal.

However, in a separate document in this

Federal Register publication, EPA is

proposing to approve this part 52 action

should adverse or critical comments be

filed. This action will be effective

December 22, 1997 unless, by November

24, 1997 adverse or critical comments

are received.

If EPA receives such comments, this

action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

If no such comments are received, the

public is advised that this action will be

effective on December 22, 1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

III. Administrative Requirements

A. Executive Order (E.O.) 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrators under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary D.

Nichols, Assistant Administrator for Air

and Radiation. The Office of

Management and Budget (OMB) has

exempted this regulatory action from

E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

Extension of an area’s attainment date

under the Act does not impose any new

requirements on small entities.

Extension of an attainment date is an

action that affects a geographical area

and does not impose any regulatory

requirements on sources. EPA certifies

that the approval of the attainment date

extension will not affect a substantial

number of small entities.

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(Unfunded Mandates Act), signed into

law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more
55172 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

imposes no new requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

Under section 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

this Federal Register. This rule is not a

‘‘major rule’’ as defined by section

804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by December 22, 1997. 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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Intergovernmental relations, Reporting

and record-keeping requirements.

Dated: October 9, 1997.

David A. Ullrich,

Acting Regional Administrator.

Parts 52 of chapter I, title 40 of the

Code of Federal Regulations are

amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart Y—Minnesota

2. Section 52.1237 is amended by

adding paragraph (b) to read as follows:

§ 52.1237 Control strategy: Carbon

monoxide.

* * * * *

(b) Approval—The 1993 carbon

monoxide periodic emission inventory

requirement of section 187(a)(5) of the

Clean Air Act, as amended in 1990, has

been satisfied for the following areas:

the counties of the Twin cities seven

county Metropolitan area (Anoka,

Carver, Dakota, Hennepin, Ramsey,

Scott, and Washington), and Wright.

[FR Doc. 97–28138 Filed 10–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IA 016–1016; FRL–5912–6]

Approval and Promulgation of

Implementation Plans and Approval

Under Section 112(l); State of Iowa

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is taking final action

on a proposed rulemaking published

July 29, 1996 (61 FR 39375). This final

action includes provisions related to

open burning, new source review

requirements in nonattainment areas,

and test method and definition updates.

DATES: This rule is effective on

November 24, 1997.

ADDRESSES: Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the: Environmental

Protection Agency, Air Planning and

Development Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101; and

the EPA Air & Radiation Docket and

Information Center, 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Christopher D. Hess at (913) 551–7213.

SUPPLEMENTARY INFORMATION: During the

public comment period of the proposed

rulemaking published July 29, 1996 (61

FR 39375), and closing August 28, 1996,

the EPA did not receive any comments.

However, a notice reopening the public

comment period was published on

September 17, 1996 (61 FR 48873),

requested by interested persons who

desired more time to address the

construction permit exemption

provisions contained in the original July

29, 1996, proposed rulemaking. During

the reopened public comment period,

the EPA received one comment from the

state of Iowa. The nature of this

comment was to request an additional

revision to the State Implementation

Plan (SIP) concerning the construction

permit exemptions. In correspondence

dated September 27, 1996, the Director

of the Iowa Department of Natural

Resources, Larry J. Wilson, requested a

revision to the SIP that would allow

retroactive application of the

construction permit exemptions

proposed for approval in the July 29,

1996, notice.

After careful analysis, the EPA has

elected to address approval of the minor

source construction permit exemptions

and the request for retroactive approval

in a separate rulemaking at a later date.

The EPA has analyzed this rule to

determine that it has no impact on the

other rule revisions that were proposed

for approval in the July 29, 1996,

proposal. Therefore, the EPA can take

action on the other rule revisions at this

time, and take a separate action on the

exemption rule.

In this final rulemaking, the EPA is

approving those portions of the original

proposal that include amendments to

the Iowa open burning rule, a permit by

rule provision for spray booths,

revisions to Iowa’s major new source

permit rule for nonattainment areas, a

revised definition of ‘‘volatile organic

compounds,’’ and updates to Iowa’s

compliance sampling test methods. The

EPA’s rationale for approval of these

revisions is contained in the July 29,

1996, notice previously described, and

no comments were received on the

proposed approval of these revisions.

Furthermore, the EPA has determined

that the permit by rule for spray booths

contained in IAC 567–22.8(1) meets the

requirements regarding limitations on

potential to emit (PTE) under section

112(l). Therefore, insofar as the rule

applies to hazardous air pollutants, it is

approved under section 112(l) as well as

section 110 of the Act. The EPA is also

approving IAC rule 567–22.3(6) which

limits PTE for new sources under

section 112(l).

I. Final Action

The EPA is taking final action on the

revisions described in the July 29, 1996,

proposed rulemaking regarding the

permit by rule provision for spray

booths, open burning, new source

review requirements in nonattainment

areas, and definition and test method

updates.

The permit by rule for spray booths is

approved under both section 110 for

criteria pollutants as well as under

section 112(l) as it relates to hazardous

air pollutants. The EPA is also

approving the IAC rule 567–22.3(6)

which limits PTE for new sources under

112(l).

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental