Air Plan Approval; Minnesota; State Board Requirements, 32669-32671 [2017-14941]

Download as PDF Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Proposed Rules ■ b. Remove the figure ‘‘$138’’ in each place that it appears. Kevin K. McAleenan, Acting Commissioner, U.S. Customs and Border Protection. Approved: July 10, 2017. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2017–14824 Filed 7–14–17; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection 19 CFR Part 101 [Docket No. USCBP–2017–0017] Extension of Port Limits of Savannah, GA Correction In proposed rule document 2017– 13983, beginning on page 30807, in the issue of Monday, July 3, 2017, make the following correction: On page 30808, in the first column, the coordinates listed in line seven of ‘‘III. Proposed Port Limits of Savannah, Georgia’’, ‘‘080°04.998′ W.’’ should read ‘‘080°54.998′ W.’’ [FR Doc. C1–2017–13983 Filed 7–14–17; 8:45 am] BILLING CODE 1301–00–D ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2016–0327; FRL–9964–95– Region 5] Air Plan Approval; Minnesota; State Board Requirements Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) submission from Minnesota addressing the state board requirements of the Clean Air Act (CAA). EPA is also proposing to approve elements of Minnesota’s submission addressing the infrastructure requirements relating to state boards for the 1997 ozone, 1997 fine particulate (PM2.5), 2006 PM2.5, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2), 2010 sulfur dioxide (SO2), and 2012 PM2.5 National Ambient Air Quality Standards (NAAQS). This SIP revision was jstallworth on DSK7TPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 14:53 Jul 14, 2017 Jkt 241001 submitted by the Minnesota Pollution Control Agency (MPCA) on May 26, 2016. Comments must be received on or before August 16, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2016–0327 at https:// www.regulations.gov, or via email to aburano.douglas@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–4489, svingen.eric@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: DATES: I. What is the background of this SIP submission? II. What guidance is EPA using to evaluate this SIP submission? III. What is the result of EPA’s review of this SIP submission? IV. What action is EPA taking? V. Incorporation by Reference. VI. Statutory and Executive Order Reviews. I. What is the background of this SIP submission? This rulemaking addresses a SIP submission from the MPCA dated May PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 32669 26, 2016, which addresses CAA requirements relating to the state board requirements under section 128, as well as infrastructure requirements of section 110 relating to state boards for the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. The requirement for states to make infrastructure SIP submissions arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions ‘‘within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),’’ and these SIP submissions are to provide for the ‘‘implementation, maintenance, and enforcement’’ of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA’s taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ‘‘[e]ach such plan’’ submission must address. EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of CAA section 110(a)(1) and (2) as ‘‘infrastructure SIP’’ submissions. Although the term ‘‘infrastructure SIP’’ does not appear in the CAA, EPA uses the term to distinguish this particular type of SIP submission from submissions that are intended to satisfy other SIP requirements under the CAA. This specific rulemaking is only taking action on the CAA 110(a)(2)(E)(ii) element of these infrastructure SIP requirements. II. What guidance is EPA using to evaluate this SIP submission? EPA’s guidance relating to infrastructure SIP submissions can be found in a guidance document entitled ‘‘Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 1 National Ambient Air Quality Standards’’ (2007 Guidance). Further guidance is provided in a September 13, 2013, document entitled ‘‘Guidance on Infrastructure State Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)’’ (2013 Guidance). III. What is the result of EPA’s review of this SIP submission? Pursuant to section 110(a), states must provide reasonable notice and 1 PM 2.5 refers to particles with an aerodynamic diameter of less than or equal to 2.5 micrometers, oftentimes referred to as ‘‘fine’’ particles. E:\FR\FM\17JYP1.SGM 17JYP1 32670 Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Proposed Rules jstallworth on DSK7TPTVN1PROD with PROPOSALS opportunity for public hearing for all infrastructure SIP submissions. MPCA provided public notice for the SIP revision on April 4, 2016, commenced a public comment period on April 5, 2016, and closed the public comment period on May 5, 2016. No comments were received nor were there any requests for a public hearing. Minnesota provided a detailed synopsis of how various components of its SIP meet each of the applicable requirements in sections 128 and 110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS, as applicable. The following review evaluates the state’s submission. A. Section 128 Section 128 of the CAA includes just one subsection labeled ‘‘(a),’’ which contains two explicit requirements, that: ‘‘(1) any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits and enforcement orders under this chapter, and (2) any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed.’’ Minnesota has no board or body which approves permits or enforcement orders in relation to the CAA. Under Minnesota Statutes (Minn. Stat.), the administrative powers and duties of the MPCA, including issuance of permits and enforcement orders, are vested in the Commissioner of the MPCA. Therefore, Minnesota has no further obligations under section 128(a)(1) of the CAA. Under section 128(a)(2) of the CAA, the head of the executive agency with the power to approve permits or enforcement orders must adequately disclose any potential conflicts of interest. In Minnesota, this power is vested in the Commissioner of the MPCA. Minnesota’s statutes and rules require disclosure by public officials of any potential conflict of interest. Under Minn. Stat. 10A, matters of disclosure and public interest are governed by the Minnesota Campaign Finance and Public Disclosure Board (MCFPDB). Minn. Stat. 10A.09 requires that statements of economic interest be filed with the MCFPDB upon the nomination of the Commissioner, and a supplementary statement must be submitted every year thereafter. Under Minn. Stat. 10A.07, if the Commissioner has a financial interest relating to a matter before the agency, he or she must VerDate Sep<11>2014 14:53 Jul 14, 2017 Jkt 241001 make this interest known in writing. Decision-making responsibility on the matter must be assigned by the Governor to another employee who does not have a conflict of interest, or the Commissioner must abstain from influence over the matter in a manner prescribed by the MCFPDB. Minnesota Rules (Minn. R.) 7000.0300 further prescribes a ‘‘duty of candor’’ for the Commissioner: ‘‘In all formal or informal negotiations, communications, proceedings, and other dealings between any person and any member, employee, or agent of the board or commissioner, it shall be the duty of each person and each member, employee, or agent of the board or commissioner to act in good faith and with complete truthfulness, accuracy, disclosure, and candor.’’ In its May 26, 2016 submission, MPCA requested that EPA incorporate Minn. Stat. 10A.07, Minn. Stat. 10A.09, and Minn. R. 7000.0300 into Minnesota’s SIP. In this action, EPA proposes to approve Minnesota’s request to incorporate these statutes and rule into the SIP, and further proposes that these statutes and rule satisfy all requirements under section 128 of the CAA. B. Section 110(a)(2)(E)(ii) Section 110(a)(2)(E)(ii) of the CAA also requires each SIP to contain provisions that comply with the state board requirements of section 128 of the CAA. In its submission dated May 26, 2016, MPCA requested that Minn. Stat. 10A.07, Minn. Stat. 10A.09, and Minn. R. 7000.0300 be applied not only to obligations under section 128 of the CAA, but also to infrastructure SIP requirements for the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. EPA therefore proposes that Minnesota has met the infrastructure SIP requirements of this portion of section 110(a)(2)(E)(ii) with respect to the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. IV. What action is EPA taking? EPA is proposing to incorporate Minn. Stat. 10A.07, Minn. Stat. 10A.09, and Minn. R. 7000.0300 into Minnesota’s SIP. EPA is further proposing to approve this submission as meeting CAA obligations under section 128, as well as 110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 V. Incorporation by Reference In this rulemaking, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference Minn. Stat. 10A.07 ‘‘Conflicts of Interest.’’, effective May 25, 2013, Minn. Stat. 10A.09 ‘‘Statements of Economic Interest.’’, effective May 25, 2013, and Minn. R. 7000.0300 ‘‘Duty of Candor.’’, effective April 19, 2004. EPA has made, and will continue to make, these documents generally available through https://www.regulations.gov, and/or at the EPA Region 5 Office (please contact the person identified in the ‘‘For Further Information Contact’’ section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • 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); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); E:\FR\FM\17JYP1.SGM 17JYP1 Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Proposed Rules • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: July 6, 2017. Cheryl L. Newton, Acting Regional Administrator, Region 5. [FR Doc. 2017–14941 Filed 7–14–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2017–0361; FRL–9964–93– Region 4] Air Plan Approval; KY; Revisions to Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: On September 9, 2016, the Commonwealth of Kentucky, through the Kentucky Division for Air Quality (KDAQ), submitted a revision to the Kentucky State Implementation Plan (SIP). The Environmental Protection Agency (EPA) is proposing to approve changes to the Commonwealth’s air quality standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2), ozone, particulate matter (both PM10 and PM2.5), and sulfur dioxide (SO2) to reflect the historical and current National Ambient Air Quality Standards (NAAQS). EPA is proposing to approve jstallworth on DSK7TPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 14:53 Jul 14, 2017 Jkt 241001 this SIP revision because the Commonwealth has demonstrated that these change are consistent with the Clean Air Act (CAA or Act). KDAQ’s submission also includes additional air quality standards for hydrogen sulfide, fluorides, and odor; however, EPA is not proposing to approve these state standards into the SIP. DATES: Written comments must be received on or before August 16, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2017–0361 at http:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Ms. Sanchez can be reached via telephone at (404) 562–9644 or via electronic mail at sanchez.madolyn@epa.gov. SUPPLEMENTARY INFORMATION: I. Background Sections 108 and 109 of the CAA govern the establishment, review, and revision, as appropriate, of the NAAQS to protect public health and welfare. The CAA requires periodic review of the air quality criteria—the science upon which the standards are based—and the standards themselves. EPA’s regulatory provisions that govern the NAAQS are found at 40 CFR 50—National Primary and Secondary Ambient Air Quality Standards. In this rulemaking, EPA is proposing to approve changes in PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 32671 Kentucky’s September 9, 2016, submission amending the Commonwealth’s regulations for ambient air quality standards to reflect the historical and current NAAQS, which are found at 401 KAR 53:010. The revision also includes textual changes to language in the regulation to provide regulatory clarity, as well as updating and reformatting the Appendix A table of ambient air quality standards and Appendix A footnotes. The SIP submittal amending Kentucky’s regulations can be found in the docket for this rulemaking at www.regulations.gov and is summarized below. II. EPA’s Analysis of Kentucky’s SIP Revisions The September 9, 2016, SIP submission revises Kentucky regulation 401 KAR 53:010 by updating the Commonwealth’s ambient air quality standards to reflect the historical and current NAAQS for CO, Pb, NO2, ozone, PM10, PM2.5, and SO2; modifying language in the regulation to provide regulatory clarity; and updating and reformatting the Appendix A ambient air quality standards table and Appendix A footnotes. The updates to the air quality standards are discussed in further detail below. a. CO On September 13, 1985, EPA revoked the 1-hour and 8-hour secondary NAAQS for CO. See 50 FR 37484. Accordingly, in the September 9, 2016, SIP submission, Kentucky revised regulation 401 KAR 53:010 to update its air quality standards for CO to be consistent with the NAAQS promulgated by EPA in 1985. b. Pb On November 12, 2008, EPA promulgated a new 1-hour primary and secondary NAAQS for Pb at a level of 0.15 micrograms per cubic meter (mg/ m3), based on a rolling 3-month average. See 73 FR 66964. Accordingly, in the September 9, 2016, SIP submission, Kentucky revised regulation 401 KAR 53:010 to update its air quality standards for Pb to be consistent with the NAAQS promulgated by EPA in 2008. c. NO2 On February 9, 2010, EPA promulgated a new 1-hour primary NAAQS for NO2 at a level of 100 parts per billion (ppb), based on a 3-year average of the 98th percentile of the yearly distribution of 1-hour daily maximum concentrations. See 75 FR 6474. Accordingly, in the September 9, E:\FR\FM\17JYP1.SGM 17JYP1

Agencies

[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Proposed Rules]
[Pages 32669-32671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14941]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0327; FRL-9964-95-Region 5]


Air Plan Approval; Minnesota; State Board Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) submission from Minnesota 
addressing the state board requirements of the Clean Air Act (CAA). EPA 
is also proposing to approve elements of Minnesota's submission 
addressing the infrastructure requirements relating to state boards for 
the 1997 ozone, 1997 fine particulate (PM2.5), 2006 
PM2.5, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide 
(NO2), 2010 sulfur dioxide (SO2), and 2012 
PM2.5 National Ambient Air Quality Standards (NAAQS). This 
SIP revision was submitted by the Minnesota Pollution Control Agency 
(MPCA) on May 26, 2016.

DATES: Comments must be received on or before August 16, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0327 at https://www.regulations.gov, or via email to 
aburano.douglas@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4489, 
svingen.eric@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is the background of this SIP submission?
II. What guidance is EPA using to evaluate this SIP submission?
III. What is the result of EPA's review of this SIP submission?
IV. What action is EPA taking?
V. Incorporation by Reference.
VI. Statutory and Executive Order Reviews.

I. What is the background of this SIP submission?

    This rulemaking addresses a SIP submission from the MPCA dated May 
26, 2016, which addresses CAA requirements relating to the state board 
requirements under section 128, as well as infrastructure requirements 
of section 110 relating to state boards for the 1997 ozone, 1997 
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5 NAAQS.
    The requirement for states to make infrastructure SIP submissions 
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), 
states must make SIP submissions ``within 3 years (or such shorter 
period as the Administrator may prescribe) after the promulgation of a 
national primary ambient air quality standard (or any revision 
thereof),'' and these SIP submissions are to provide for the 
``implementation, maintenance, and enforcement'' of such NAAQS. The 
statute directly imposes on states the duty to make these SIP 
submissions, and the requirement to make the submissions is not 
conditioned upon EPA's taking any action other than promulgating a new 
or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the 
purpose of satisfying the requirements of CAA section 110(a)(1) and (2) 
as ``infrastructure SIP'' submissions. Although the term 
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to 
distinguish this particular type of SIP submission from submissions 
that are intended to satisfy other SIP requirements under the CAA. This 
specific rulemaking is only taking action on the CAA 110(a)(2)(E)(ii) 
element of these infrastructure SIP requirements.

II. What guidance is EPA using to evaluate this SIP submission?

    EPA's guidance relating to infrastructure SIP submissions can be 
found in a guidance document entitled ``Guidance on SIP Elements 
Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and 
PM2.5 \1\ National Ambient Air Quality Standards'' (2007 
Guidance). Further guidance is provided in a September 13, 2013, 
document entitled ``Guidance on Infrastructure State Implementation 
Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)'' (2013 
Guidance).
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    \1\ PM2.5 refers to particles with an aerodynamic 
diameter of less than or equal to 2.5 micrometers, oftentimes 
referred to as ``fine'' particles.
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III. What is the result of EPA's review of this SIP submission?

    Pursuant to section 110(a), states must provide reasonable notice 
and

[[Page 32670]]

opportunity for public hearing for all infrastructure SIP submissions. 
MPCA provided public notice for the SIP revision on April 4, 2016, 
commenced a public comment period on April 5, 2016, and closed the 
public comment period on May 5, 2016. No comments were received nor 
were there any requests for a public hearing.
    Minnesota provided a detailed synopsis of how various components of 
its SIP meet each of the applicable requirements in sections 128 and 
110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5, 2006 
PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, 2010 
SO2, and 2012 PM2.5 NAAQS, as applicable. The 
following review evaluates the state's submission.

A. Section 128

    Section 128 of the CAA includes just one subsection labeled 
``(a),'' which contains two explicit requirements, that: ``(1) any 
board or body which approves permits or enforcement orders under this 
chapter shall have at least a majority of members who represent the 
public interest and do not derive any significant portion of their 
income from persons subject to permits and enforcement orders under 
this chapter, and (2) any potential conflicts of interest by members of 
such board or body or the head of an executive agency with similar 
powers be adequately disclosed.'' Minnesota has no board or body which 
approves permits or enforcement orders in relation to the CAA. Under 
Minnesota Statutes (Minn. Stat.), the administrative powers and duties 
of the MPCA, including issuance of permits and enforcement orders, are 
vested in the Commissioner of the MPCA. Therefore, Minnesota has no 
further obligations under section 128(a)(1) of the CAA.
    Under section 128(a)(2) of the CAA, the head of the executive 
agency with the power to approve permits or enforcement orders must 
adequately disclose any potential conflicts of interest. In Minnesota, 
this power is vested in the Commissioner of the MPCA. Minnesota's 
statutes and rules require disclosure by public officials of any 
potential conflict of interest. Under Minn. Stat. 10A, matters of 
disclosure and public interest are governed by the Minnesota Campaign 
Finance and Public Disclosure Board (MCFPDB). Minn. Stat. 10A.09 
requires that statements of economic interest be filed with the MCFPDB 
upon the nomination of the Commissioner, and a supplementary statement 
must be submitted every year thereafter. Under Minn. Stat. 10A.07, if 
the Commissioner has a financial interest relating to a matter before 
the agency, he or she must make this interest known in writing. 
Decision-making responsibility on the matter must be assigned by the 
Governor to another employee who does not have a conflict of interest, 
or the Commissioner must abstain from influence over the matter in a 
manner prescribed by the MCFPDB. Minnesota Rules (Minn. R.) 7000.0300 
further prescribes a ``duty of candor'' for the Commissioner: ``In all 
formal or informal negotiations, communications, proceedings, and other 
dealings between any person and any member, employee, or agent of the 
board or commissioner, it shall be the duty of each person and each 
member, employee, or agent of the board or commissioner to act in good 
faith and with complete truthfulness, accuracy, disclosure, and 
candor.''
    In its May 26, 2016 submission, MPCA requested that EPA incorporate 
Minn. Stat. 10A.07, Minn. Stat. 10A.09, and Minn. R. 7000.0300 into 
Minnesota's SIP. In this action, EPA proposes to approve Minnesota's 
request to incorporate these statutes and rule into the SIP, and 
further proposes that these statutes and rule satisfy all requirements 
under section 128 of the CAA.

B. Section 110(a)(2)(E)(ii)

    Section 110(a)(2)(E)(ii) of the CAA also requires each SIP to 
contain provisions that comply with the state board requirements of 
section 128 of the CAA.
    In its submission dated May 26, 2016, MPCA requested that Minn. 
Stat. 10A.07, Minn. Stat. 10A.09, and Minn. R. 7000.0300 be applied not 
only to obligations under section 128 of the CAA, but also to 
infrastructure SIP requirements for the 1997 ozone, 1997 
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5 NAAQS. 
EPA therefore proposes that Minnesota has met the infrastructure SIP 
requirements of this portion of section 110(a)(2)(E)(ii) with respect 
to the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 
Pb, 2008 ozone, 2010 NO2, 2010 SO2, and 2012 
PM2.5 NAAQS.

IV. What action is EPA taking?

    EPA is proposing to incorporate Minn. Stat. 10A.07, Minn. Stat. 
10A.09, and Minn. R. 7000.0300 into Minnesota's SIP. EPA is further 
proposing to approve this submission as meeting CAA obligations under 
section 128, as well as 110(a)(2)(E)(ii) for the 1997 ozone, 1997 
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5 NAAQS.

V. Incorporation by Reference

    In this rulemaking, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Minn. Stat. 10A.07 ``Conflicts of Interest.'', effective May 
25, 2013, Minn. Stat. 10A.09 ``Statements of Economic Interest.'', 
effective May 25, 2013, and Minn. R. 7000.0300 ``Duty of Candor.'', 
effective April 19, 2004. EPA has made, and will continue to make, 
these documents generally available through https://www.regulations.gov, and/or at the EPA Region 5 Office (please contact 
the person identified in the ``For Further Information Contact'' 
section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);

[[Page 32671]]

     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: July 6, 2017.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-14941 Filed 7-14-17; 8:45 am]
BILLING CODE 6560-50-P