Air Plan Approval; Minnesota; Prevention of Significant Deterioration, 44734-44736 [2017-20443]
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44734
Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations
temporary deviation, the bridge will be
maintained in the closed-to-navigation
position for four (4) separate five (5) day
periods from 7 a.m., October 2, 2017,
through 11 p.m., October 6, 2017; from
7 a.m., October 16, 2017, through 11
p.m., October 20, 2017; from 7 a.m.,
October 30, 2017, through 11 p.m.,
November 3, 2017; from 7 a.m.,
November 13, 2017, through 11.p.m.,
November 17, 2017. The alternate dates
for inclement weather are from 7 a.m.,
October 9, 2017, through 11 p.m.,
October 13, 2017; from 7 a.m., October
23, 2017, through 11 p.m., October 27,
2017; from 7 a.m., November 6, 2017,
through 11 p.m., November 10, 2017;
from 7 a.m., November 18, 2017,
through 11 p.m., November 22, 2017.
The bridge will open on signal if at least
24 hours notice is given at all other
times.
The Atlantic Intracoastal Waterway,
Southern Branch of the Elizabeth River
is used by a variety of vessels including
small commercial vessels, recreational
vessels and tug and barge traffic. The
Coast Guard has carefully coordinated
the restrictions with waterway users in
publishing this temporary deviation.
Vessels able to pass through the
bridge in the closed position may do so
if at least 15 minutes notice is given.
The bridge will not be able to open for
emergencies and there is no immediate
alternate route for vessels unable to pass
through the bridge in the closed
position. The Coast Guard will also
inform the users of the waterways
through our Local and Broadcast Notice
to Mariners of the change in operating
schedule for the bridge so that vessel
operators can arrange their transits to
minimize any impact caused by this
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of this effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: September 21, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
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[FR Doc. 2017–20564 Filed 9–25–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
I. Background
40 CFR Part 52
[EPA–R05–OAR–2016–0603; FRL–9968–22–
Region 5]
Air Plan Approval; Minnesota;
Prevention of Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Minnesota State Implementation
Plan (SIP) submitted on October 4, 2016.
EPA is approving the state’s Prevention
of Significant Deterioration (PSD) rules
which incorporate the Federal PSD rules
by reference.
DATES: This final rule is effective on
October 26, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0603. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Rachel
Rineheart, Environmental Engineer, at
(312) 886–7017 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Rachel Rineheart, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–7017,
Rineheart.rachel@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:
SUMMARY:
I. Background
II. Comments Received and Response to
Comments
III. What action is EPA taking?
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IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
Sfmt 4700
Section 110(a)(2)(C) of the Clean Air
Act (CAA) requires that each SIP
include a program to provide for the
regulation of construction and
modification of stationary sources,
including a permit program as required
by part C of subsection I of the CAA—
Prevention of Significant Deterioration
of Air Quality. On October 4, 2016, the
Minnesota Pollution Control Agency
(MPCA) submitted a request to revise
the Minnesota SIP to include Minn. R.
7007.3000, which incorporates the
Federal PSD rules at 40 CFR 52.21 by
reference as the State’s SIP approved
PSD program. Further, by letter dated
June 1, 2017, MPCA clarified that it will
not implement the provisions at 40 CFR
52.21(g), (s), (t), and (u) because those
provisions reference authorities that are
retained by the EPA Administrator.
EPA proposed to approve Minnesota’s
PSD SIP on July 10, 2017. (82 FR 31741,
July 10, 2017). EPA received comments
on the proposed action from Guardian
Energy, LLC, and Granite Falls Energy,
LLC. Section II of this document
provides a discussion of the comments
received and EPA’s response.
II. Comments Received and Response to
Comments
EPA received comments from
Guardian Energy, LLC, and Granite Falls
Energy, LLC. The letters from the two
commenters are identical. The first
comment from both commenters
expressed support for the proposed
action. The second comment from the
two commenters is a request for EPA to
clarify how changes in the Federal PSD
regulations will be addressed in the
Minnesota SIP approved regulations.
Minn. R. 7007.3000 incorporates 40 CFR
52.21 by reference, as amended. Both
MPCA and EPA interpret this to mean
that any changes to 40 CFR 52.21 will
be automatically incorporated into
Minn. R. 7007.3000, and will have the
same effective date as the Federal
rulemaking.
III. What action is EPA taking?
EPA is approving the request made by
MPCA on October 4, 2016, to revise the
Minnesota SIP to include Minn. R.
7007.3000 as the State’s SIP approved
PSD program.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
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Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations
by reference of the Minnesota
Regulations described in the
amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue
to make, these documents generally
available through 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). Therefore, these materials
have been approved by EPA for
inclusion in the State implementation
plan, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
V. 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);
• 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 Clean Air Act;
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).
The Congressional Review Act, 5
U.S.C. 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 action 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. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 27, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 12, 2017.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1220, the table in paragraph
(c) is amended by adding the entry
‘‘7007.3000’’ in numerical order above
the table heading ‘‘Offsets’’ to read as
follows:
■
§ 52.1220
*
Identification of plan.
*
*
(c) * * *
*
*
EPA—APPROVED MINNESOTA REGULATIONS
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Minnesota citation
*
State effective
date
Title/subject
*
*
EPA approval date
*
*
*
CHAPTER 7007 AIR EMISSION PERMITS
1 62
FR 27968 (May 22, 1997).
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Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations
EPA—APPROVED MINNESOTA REGULATIONS—Continued
State effective
date
Minnesota citation
Title/subject
*
7007.3000 .................
*
*
Prevention of Significant Deterioration of Air Quality.
*
*
*
*
*
*
*
*
3. Section 52.1234 is revised to read
as follows:
■
§ 52.1234
quality.
Significant deterioration of air
(a) The requirements of sections 160
through 165 of the Clean Air Act are
met, except for sources seeking permits
to locate in Indian country within the
State of Minnesota.
(b) Regulations for the prevention of
the significant deterioration of air
quality. The provisions of § 52.21 except
paragraph (a)(1) are hereby incorporated
and made a part of the applicable State
plan for the State of Minnesota for
sources wishing to locate in Indian
country; and sources constructed under
permits issued by EPA.
[FR Doc. 2017–20443 Filed 9–25–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Finding of Failure To Submit State
Implementation Plans Required for the
2008 8-Hour Ozone NAAQS; California;
Sacramento Metro
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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*
than the applicable dates established in
the implementing regulations. States
were also required to submit
contingency plans to be triggered if
attainment or RFP milestones were not
met. The EPA is by this action making
a finding of failure to submit attainment
demonstration, attainment
demonstration contingency, RFP, and
RFP contingency SIPs for the
Sacramento Metro nonattainment area.
If the EPA has not affirmatively found
that the state has submitted the required
plans within 18 months, the offset
sanction applies in the area. If within 6
additional months the EPA has still not
affirmatively determined that the state
has submitted the required plan, the
highway funding sanction applies in the
area. No later than 2 years after the EPA
makes the finding, if the state has not
submitted, and EPA has not approved,
the required SIP, the EPA must
promulgate a Federal Implementation
Plan.
Jkt 241001
FOR FURTHER INFORMATION CONTACT:
Laura Lawrence, EPA Region IX, (415)
972–3407, lawrence.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Notice and Comment Under the
Administrative Procedure Act (APA)
The Environmental Protection
Agency (EPA) is taking final action
finding that the state of California has
failed to submit State Implementation
Plans (SIPs) to satisfy certain
requirements of the Clean Air Act (CAA)
for the 2008 8-hour ozone National
Ambient Air Quality Standards
(NAAQS or ‘‘standards’’). Under the
CAA and EPA’s implementing
regulations, states with nonattainment
areas classified as Moderate, Serious,
Severe or Extreme were required to
submit by July 20, 2016, SIPs
demonstrating reasonable further
progress (RFP) and attainment of the
2008 8-hour ozone standard as
expeditiously as practicable but no later
SUMMARY:
15:04 Sep 25, 2017
*
This action will be effective on
October 26, 2017.
[EPA–R09–OAR–2017–0426; FRL–9966–86Region 9]
Section 553 of the APA, 5 U.S.C.
553(b)(3)(B), provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. The
EPA has determined that there is good
cause for making this final agency
action without prior proposal and
opportunity for comment because no
significant EPA judgment is involved in
making a finding of failure to submit
SIPs, or elements of SIPs, required by
the CAA, where states have made no
submission or incomplete submissions,
to meet the requirement. Thus, notice
and public procedures are unnecessary.
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Comments
*
*
9/26/2017 [insert Federal Register citation].
DATES:
40 CFR Part 52
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*
11/26/2007
EPA approval date
Sfmt 4700
*
*
*
The EPA finds that this constitutes good
cause under 5 U.S.C. 553(b)(3)(B).
I. Background and Overview
A. Statutory Requirements
On March 27, 2008, the EPA issued its
final action to revise the NAAQS for
ozone to establish new 8-hour
standards.1 In that action, the EPA
promulgated identical revised primary
and secondary ozone standards,
designed to protect public health and
welfare, of 0.075 parts per million
(ppm).2 Those standards are met when
the 3-year average of the annual fourth
highest daily maximum 8-hour average
ozone concentration is less than or
equal to 0.075 ppm.3
Promulgation of a revised NAAQS
triggers a requirement for the EPA to
designate areas of the country as
nonattainment, attainment or
unclassifiable for the standards. For the
ozone NAAQS, this also involves
classifying any nonattainment areas at
the time of designation.4 Ozone
nonattainment areas are classified based
on the severity of their ozone levels (as
determined based on the area’s ‘‘design
value,’’ which represents air quality in
the area for the most recent three years).
The possible classifications for ozone
nonattainment areas are Marginal,
Moderate, Serious, Severe, and
Extreme.5 Nonattainment areas with a
‘‘lower’’ classification have ozone levels
that are closer to the standard than areas
with a ‘‘higher’’ classification.6
On May 21, 2012 and June 11, 2012,
the EPA issued rules designating areas
throughout the country as
nonattainment, attainment, or
unclassifiable for the 2008 ozone
NAAQS, effective July 20, 2012, and
establishing classifications for the
1 73
FR 16436.
the 2008 primary and secondary NAAQS
for ozone are identical, for convenience, we refer to
both as ‘‘the 2008 ozone NAAQS’’ or ‘‘the 2008
ozone standard.’’
3 40 CFR 50.15.
4 CAA sections 107(d)(1) and 181(a)(1).
5 CAA section 181(a)(1).
6 See 40 CFR 51.1103 for the design value
thresholds for each classification for the 2008 ozone
NAAQS.
2 Since
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[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Rules and Regulations]
[Pages 44734-44736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20443]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0603; FRL-9968-22-Region 5]
Air Plan Approval; Minnesota; Prevention of Significant
Deterioration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Minnesota State Implementation Plan (SIP) submitted on
October 4, 2016. EPA is approving the state's Prevention of Significant
Deterioration (PSD) rules which incorporate the Federal PSD rules by
reference.
DATES: This final rule is effective on October 26, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0603. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Rachel Rineheart, Environmental Engineer, at (312)
886-7017 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Rachel Rineheart, Environmental
Engineer, Air Permits Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-7017, Rineheart.rachel@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. Background
II. Comments Received and Response to Comments
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Section 110(a)(2)(C) of the Clean Air Act (CAA) requires that each
SIP include a program to provide for the regulation of construction and
modification of stationary sources, including a permit program as
required by part C of subsection I of the CAA--Prevention of
Significant Deterioration of Air Quality. On October 4, 2016, the
Minnesota Pollution Control Agency (MPCA) submitted a request to revise
the Minnesota SIP to include Minn. R. 7007.3000, which incorporates the
Federal PSD rules at 40 CFR 52.21 by reference as the State's SIP
approved PSD program. Further, by letter dated June 1, 2017, MPCA
clarified that it will not implement the provisions at 40 CFR 52.21(g),
(s), (t), and (u) because those provisions reference authorities that
are retained by the EPA Administrator.
EPA proposed to approve Minnesota's PSD SIP on July 10, 2017. (82
FR 31741, July 10, 2017). EPA received comments on the proposed action
from Guardian Energy, LLC, and Granite Falls Energy, LLC. Section II of
this document provides a discussion of the comments received and EPA's
response.
II. Comments Received and Response to Comments
EPA received comments from Guardian Energy, LLC, and Granite Falls
Energy, LLC. The letters from the two commenters are identical. The
first comment from both commenters expressed support for the proposed
action. The second comment from the two commenters is a request for EPA
to clarify how changes in the Federal PSD regulations will be addressed
in the Minnesota SIP approved regulations. Minn. R. 7007.3000
incorporates 40 CFR 52.21 by reference, as amended. Both MPCA and EPA
interpret this to mean that any changes to 40 CFR 52.21 will be
automatically incorporated into Minn. R. 7007.3000, and will have the
same effective date as the Federal rulemaking.
III. What action is EPA taking?
EPA is approving the request made by MPCA on October 4, 2016, to
revise the Minnesota SIP to include Minn. R. 7007.3000 as the State's
SIP approved PSD program.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
[[Page 44735]]
by reference of the Minnesota Regulations described in the amendments
to 40 CFR part 52 set forth below. EPA has made, and will continue to
make, these documents generally available through 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). Therefore, these materials have been approved by EPA
for inclusion in the State implementation plan, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference by the Director of the Federal Register in the next update to
the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. 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);
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 Clean Air Act; 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).
The Congressional Review Act, 5 U.S.C. 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 action 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.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 27, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 12, 2017.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
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2. In Sec. 52.1220, the table in paragraph (c) is amended by adding
the entry ``7007.3000'' in numerical order above the table heading
``Offsets'' to read as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(c) * * *
EPA--Approved Minnesota Regulations
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State
Minnesota citation Title/subject effective date EPA approval date Comments
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* * * * * * *
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CHAPTER 7007 AIR EMISSION PERMITS
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[[Page 44736]]
* * * * * * *
7007.3000............................. Prevention of 11/26/2007 9/26/2017 [insert Federal .......................................
Significant Register citation].
Deterioration of Air
Quality.
* * * * * * *
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* * * * *
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3. Section 52.1234 is revised to read as follows:
Sec. 52.1234 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are met, except for sources seeking permits to locate in Indian
country within the State of Minnesota.
(b) Regulations for the prevention of the significant deterioration
of air quality. The provisions of Sec. 52.21 except paragraph (a)(1)
are hereby incorporated and made a part of the applicable State plan
for the State of Minnesota for sources wishing to locate in Indian
country; and sources constructed under permits issued by EPA.
[FR Doc. 2017-20443 Filed 9-25-17; 8:45 am]
BILLING CODE 6560-50-P
