Air Plan Approval; Minnesota; State Board Requirements, 50807-50811 [2017-23461]
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Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations
Diagnostic
code No.
Sec.
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7915
7916
7917
7918
7919
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Criterion June 9, 1996; criterion December 10, 2017.
Added June 9, 1996; note December 10, 2017.
Added June 9, 1996; note December 10, 2017.
Added June 9, 1996; note December 10, 2017.
Added June 9, 1996; evaluation June 9, 1996; criterion December 10, 2017; note December 10, 2017.
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5. Amend Appendix B to part 4 by:
a. Revising the entries for diagnostic
codes 7900 through 7902;
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b. Adding, in numerical order, an
entry for diagnostic code 7906; and
■ c. Revising the entries for diagnostic
codes 7911 and 7912.
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The revisions and addition read as
follows:
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Appendix B to Part 4—Numerical Index
of Disabilities
Diagnostic
code No.
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THE ENDOCRINE SYSTEM
7900 ....................................
7901 ....................................
7902 ....................................
Hyperthyroidism, including, but not limited to, Graves’ disease.
Thyroid enlargement, toxic.
Thyroid enlargement, nontoxic.
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7906 .................................... Thyroiditis.
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7911 .................................... Addison’s disease (adrenocortical insufficiency).
7912 .................................... Polyglandular syndrome (multiple endocrine neoplasia, autoimmune polyglandular syndrome).
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6. Amend Appendix C to Part 4 as
follows:
■ a. Add, in alphabetical order, entries
for ‘‘Graves’ disease’’ and
‘‘Polyglandular syndrome’’;
■ b. Revise the entry for ‘‘Thyroid
gland’’; and
■ c. Add, in alphabetical order, an entry
for ‘‘Thyroiditis’’.
The additions and revision read as
follows:
■
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[FR Doc. 2017–23044 Filed 11–1–17; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0327; FRL–9970–14–
Region 5]
Air Plan Approval; Minnesota; State
Board Requirements
Appendix C to Part 4—Alphabetical
Index of Disabilities
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Diagnostic
code No.
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Graves’ disease ........................
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Polyglandular syndrome ...........
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Thyroid gland.
Nontoxic thyroid enlargement
Toxic thyroid enlargement .....
Thyroiditis .................................
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14:56 Nov 01, 2017
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The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) submission
from Minnesota addressing the state
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7912 board requirements of the Clean Air Act
(CAA). EPA is also approving elements
of Minnesota’s submission addressing
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the infrastructure requirements relating
7902 to state boards for the 1997 ozone, 1997
7901 fine particulate (PM ), 2006 PM ,
2.5
2.5
7906 2008 lead (Pb), 2008 ozone, 2010
nitrogen dioxide (NO2), 2010 sulfur
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dioxide (SO2), and 2012 PM2.5 National
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7900
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SUMMARY:
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Ambient Air Quality Standards
(NAAQS). The proposed rulemaking
associated with this final action was
published on July 17, 2017, and EPA
received no comments during the
comment period, which ended on
August 16, 2017.
DATES: This final rule is effective on
December 4, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0327. 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
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Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Eric
Svingen, Environmental Engineer, at
(312) 353–4489 before visiting the
Region 5 office.
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:
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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 Minnesota
Pollution Control Agency (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’’
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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
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.
On July 17, 2017 (82 FR 32669), EPA
published a proposed rule that would
approve these submissions into
Minnesota’s SIP. This proposed rule
contained a detailed evaluation of how
Minnesota’s submission satisfies certain
requirements under CAA sections 110
and 128. No comments were received.
Therefore, EPA is finalizing this rule as
proposed.
IV. What action is EPA taking?
EPA is taking final action to
incorporate Minn. Stat. 10A.07, Minn.
Stat. 10A.09, and Minn. R. 7000.0300
into Minnesota’s SIP. EPA is further
approving this submission as meeting
CAA obligations under section 128, as
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.
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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 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
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 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.2
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
2 62
FR 27968 (May 22, 1997).
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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 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).
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 January 2, 2018. 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, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: October 17, 2017.
Robert A. Kaplan,
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:
2. In § 52.1220:
a. In the table in paragraph (c):
■ i. Add the heading entitled
‘‘CHAPTER 7000 PROCEDURAL
RULES’’ at the beginning of the table
and the entry ‘‘7000.0300’’.
■ ii. Add the entries ‘‘10A.07’’ and
‘‘10A.09’’ in numerical order under the
subheading entitled ‘‘Minnesota
Statutes’’.
■ b. In the table in paragraph (e):
■ i. Revise the entry ‘‘Section 110(a)(2)
Infrastructure Requirements for the 1997
8-hour Ozone NAAQS’’.
■ ii. Revise the entry ‘‘Section 110(a)(2)
Infrastructure Requirements for the 1997
PM2.5 NAAQS’’.
■ iii. Revise the entry currently named
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2006 24-Hour
Ozone NAAQS’’ to read ‘‘Section
110(a)(2) Infrastructure Requirements
for the 2006 24-Hour PM2.5 NAAQS’’.
■ iv. Revise the entry ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2008
lead (Pb) NAAQS’’.
■ v. Revise the entry ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2008
ozone NAAQS’’.
■ vi. Revise the entry ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2010
nitrogen dioxide (NO2) NAAQS’’.
■ vii. Revise the entry ‘‘Section
110(a)(2) Infrastructure Requirements
for the 2010 sulfur dioxide (SO2)
NAAQS,’’.
■ viii. Revise the entry ‘‘Section
110(a)(2) Infrastructure Requirements
for the 2012 fine particulate matter
(PM2.5) NAAQS’’.
The additions and revisions read as
follows:
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§ 52.1220
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Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
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(c) * * *
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EPA-APPROVED MINNESOTA REGULATIONS
Minnesota citation
State
effective
date
Title/subject
CHAPTER 7000
7000.0300 .......................
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Duty of candor ...............
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4/19/2004
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EPA approval date
Comments
PROCEDURAL RULES
11/2/2017, [insert Federal Register citation].
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Minnesota Statutes
10A.07 .............................
10A.09 .............................
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Conflicts of interest ........
Statements of economic
interest.
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5/25/2013
5/23/2015
11/2/2017, [insert Federal Register citation].
11/2/2017, [insert Federal Register citation].
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(e) * * *
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Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations
EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS
Applicable geographic
or nonattainment area
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Section 110(a)(2) Infrastructure Requirements for the 1997
8-Hour Ozone
NAAQS.
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Statewide ...................
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11/29/2007 and 5/26/
11/2/2017, [insert
2016.
Federal Register
citation].
Section 110(a)(2) Infrastructure Requirements for the 1997
PM2.5 NAAQS.
Statewide ...................
11/29/2007 and 5/26/
2016.
11/2/2017, [insert
Federal Register
citation].
Section 110(a)(2) Infrastructure Requirements for the 2006
24-Hour PM2.5
NAAQS.
Statewide ...................
5/23/2011, 6/27/2012
and 5/26/2016.
11/2/2017, [insert
Federal Register
citation].
Section 110(a)(2) Infrastructure Requirements for the 2008
lead (Pb) NAAQS.
Statewide ...................
6/19/2012 and 5/26/
2016.
11/2/2017, [insert
Federal Register
citation].
Section 110(a)(2) Infrastructure Requirements for the 2008
ozone NAAQS.
Statewide ...................
6/12/2014 and 5/26/
2016.
11/2/2017, [insert
Federal Register
citation].
Section 110(a)(2) Infrastructure Requirements for the 2010
nitrogen dioxide
(NO2) NAAQS.
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Name of nonregulatory
SIP provision
Statewide ...................
6/12/2014 and 5/26/
2016.
11/2/2017, [insert
Federal Register
citation].
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State submittal date/
effective date
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EPA approved date
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Comments
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CAA elements 110(a)(2)(A), (B), (C) with respect to enforcement, (D)(ii), (E) through
(H), (J) except for prevention of significant
deterioration (PSD), and (K) through (M)
have been approved. CAA elements
110(a)(2)(C) and (J) with respect to PSD
have been disapproved.
CAA elements 110(a)(2)(A), (B), (C) with respect to enforcement, (D)(ii), (E) through
(H), (J) except for prevention of significant
deterioration (PSD), and (K) through (M)
have been approved. CAA elements
110(a)(2)(C) and (J) with respect to PSD
have been disapproved.
These actions address the following CAA
elements: 110(a)(2)(A), (B), (C), (D)(i)(II),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M). We have not finalized action on the
visibility
protection
requirements
of
(D)(i)(II). We will address these requirements in a separate action. Although EPA
has disapproved portions of Minnesota’s
submission addressing the prevention of
significant deterioration, Minnesota continues to implement the Federally promulgated rules for this purpose as they pertain to section 110(a)(2)(C), (D)(i)(II),
(D)(ii), and (J).
These actions address the following CAA
elements: 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M). Although EPA has disapproved portions of
Minnesota’s submission addressing the
prevention of significant deterioration, Minnesota continues to implement the Federally promulgated rules for this purpose as
they pertain to section 110(a)(2)(C),
(D)(i)(II), (D)(ii), and (J).
These actions address the following CAA
elements: 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M). We are
not taking action on (D)(i)(I) or the visibility
portion of (D)(i)(II). We will address these
requirements in a separate action. EPA
has disapproved the elements related to
the prevention of significant deterioration,
specifically as they pertain to section
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J); however, Minnesota continues to implement
the Federally promulgated rules for this
purpose.
These actions address the following CAA
elements: 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M). We
have not taken action on the visibility portion of (D)(i)(II). We will address these requirements in a separate action. EPA is
disapproving the elements related to the
prevention of significant deterioration, specifically as they pertain to section
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J); however, Minnesota continues to implement
the Federally promulgated rules for this
purpose.
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50811
EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS—Continued
Name of nonregulatory
SIP provision
Applicable geographic
or nonattainment area
Section 110(a)(2) Infrastructure Requirements for the 2010
sulfur dioxide (SO2)
NAAQS.
Statewide ...................
6/12/2014 and 5/26/
2016.
11/2/2017, [insert
Federal Register
citation].
Section 110(a)(2) Infrastructure Requirements for the 2012
fine particulate matter (PM2.5) NAAQS.
Statewide ...................
6/12/2014 and 5/26/
2016.
11/2/2017, [insert
Federal Register
citation].
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0323; FRL–9970–17–
Region 5]
Air Plan Approval; Illinois; Volatile
Organic Compounds Definition
Environmental Protection
Agency (EPA).
AGENCY:
Direct final rule.
The Environmental Protection
Agency (EPA) is approving a state
submission as a revision to the Illinois
state implementation plan (SIP) for
ozone. The revision, submitted on May
30, 2017, incorporates changes to the
Illinois Administrative Code (IAC)
definition of volatile organic material,
otherwise known as volatile organic
compound (VOC). The revision removes
recordkeeping and reporting
requirements related to the use of tbutyl acetate (also known as tertiary
butyl acetate) as a VOC, and is in
response to an EPA rulemaking that
occurred in 2016. Illinois also added
information to provide clarity to the list
of compounds excluded from the
definition of VOC.
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SUMMARY:
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EPA approved date
This direct final rule will be
effective January 2, 2018, unless EPA
receives adverse comments by
December 4, 2017. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2017–0323 at https://
www.regulations.gov or via email to
blakley.pamela@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
DATES:
[FR Doc. 2017–23461 Filed 11–1–17; 8:45 am]
ACTION:
State submittal date/
effective date
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Comments
These actions address the following CAA
elements: 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M). We
have not taken action on (D)(i)(I) or the
visibility portion of (D)(i)(II). We will address these requirements in a separate
action. EPA has disapproved the elements
related to the prevention of significant deterioration, specifically as they pertain to
section 110(a)(2)(C), (D)(i)(II), (D)(ii), and
(J); however, Minnesota continues to implement the Federally promulgated rules
for this purpose.
These actions address the following CAA
elements: 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M). We are
not taking action on (D)(i)(I) or the visibility
portion of (D)(i)(II). We will address these
requirements in a separate action. EPA
has disapproved the elements related to
the prevention of significant deterioration,
specifically as they pertain to section
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J); however, Minnesota continues to implement
the Federally promulgated rules for this
purpose.
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:
Charles Hatten, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–3031,
hatten.charles@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 for this action?
II. What did Illinois submit?
III. What is EPA’s analysis of the SIP
revision?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is the background for this
action?
The Clean Air Act (CAA) requires the
regulation of VOC for various purposes.
Section 302(s) of the CAA specifies that
EPA has the authority to define the
meaning of ‘‘VOC,’’ and what
compounds shall be treated as VOC for
regulatory purposes.
Tropospheric ozone, commonly
known as smog, is formed when VOC
E:\FR\FM\02NOR1.SGM
02NOR1
]]>Agencies
[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Rules and Regulations]
[Pages 50807-50811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23461]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0327; FRL-9970-14-Region 5]
Air Plan Approval; Minnesota; State Board Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) submission from Minnesota addressing the
state board requirements of the Clean Air Act (CAA). EPA is also
approving 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). The proposed rulemaking
associated with this final action was published on July 17, 2017, and
EPA received no comments during the comment period, which ended on
August 16, 2017.
DATES: This final rule is effective on December 4, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0327. 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
[[Page 50808]]
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Eric Svingen, Environmental
Engineer, at (312) 353-4489 before visiting the Region 5 office.
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 Minnesota
Pollution Control Agency (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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
III. What is the result of EPA's review of this SIP submission?
Pursuant to section 110(a), states must provide reasonable notice
and 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.
On July 17, 2017 (82 FR 32669), EPA published a proposed rule that
would approve these submissions into Minnesota's SIP. This proposed
rule contained a detailed evaluation of how Minnesota's submission
satisfies certain requirements under CAA sections 110 and 128. No
comments were received. Therefore, EPA is finalizing this rule as
proposed.
IV. What action is EPA taking?
EPA is taking final action to incorporate Minn. Stat. 10A.07, Minn.
Stat. 10A.09, and Minn. R. 7000.0300 into Minnesota's SIP. EPA is
further approving 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 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 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 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.\2\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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
[[Page 50809]]
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 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).
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 January 2, 2018. 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, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: October 17, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1220:
0
a. In the table in paragraph (c):
0
i. Add the heading entitled ``CHAPTER 7000 PROCEDURAL RULES'' at the
beginning of the table and the entry ``7000.0300''.
0
ii. Add the entries ``10A.07'' and ``10A.09'' in numerical order under
the subheading entitled ``Minnesota Statutes''.
0
b. In the table in paragraph (e):
0
i. Revise the entry ``Section 110(a)(2) Infrastructure Requirements for
the 1997 8-hour Ozone NAAQS''.
0
ii. Revise the entry ``Section 110(a)(2) Infrastructure Requirements
for the 1997 PM2.5 NAAQS''.
0
iii. Revise the entry currently named ``Section 110(a)(2)
Infrastructure Requirements for the 2006 24-Hour Ozone NAAQS'' to read
``Section 110(a)(2) Infrastructure Requirements for the 2006 24-Hour
PM2.5 NAAQS''.
0
iv. Revise the entry ``Section 110(a)(2) Infrastructure Requirements
for the 2008 lead (Pb) NAAQS''.
0
v. Revise the entry ``Section 110(a)(2) Infrastructure Requirements for
the 2008 ozone NAAQS''.
0
vi. Revise the entry ``Section 110(a)(2) Infrastructure Requirements
for the 2010 nitrogen dioxide (NO2) NAAQS''.
0
vii. Revise the entry ``Section 110(a)(2) Infrastructure Requirements
for the 2010 sulfur dioxide (SO2) NAAQS,''.
0
viii. Revise the entry ``Section 110(a)(2) Infrastructure Requirements
for the 2012 fine particulate matter (PM2.5) NAAQS''.
The additions and revisions read as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Minnesota Regulations
----------------------------------------------------------------------------------------------------------------
State
Minnesota citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
CHAPTER 7000 PROCEDURAL RULES
----------------------------------------------------------------------------------------------------------------
7000.0300.................... Duty of candor.. 4/19/2004 11/2/2017, [insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Minnesota Statutes
----------------------------------------------------------------------------------------------------------------
10A.07....................... Conflicts of 5/25/2013 11/2/2017, [insert
interest. Federal Register
citation].
10A.09....................... Statements of 5/23/2015 11/2/2017, [insert
economic Federal Register
interest. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 50810]]
EPA-Approved Minnesota Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal
provision nonattainment date/effective EPA approved date Comments
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Statewide........ 11/29/2007 and 5/ 11/2/2017, CAA elements
Infrastructure Requirements 26/2016. [insert Federal 110(a)(2)(A), (B),
for the 1997 8-Hour Ozone Register (C) with respect to
NAAQS. citation]. enforcement, (D)(ii),
(E) through (H), (J)
except for prevention
of significant
deterioration (PSD),
and (K) through (M)
have been approved.
CAA elements
110(a)(2)(C) and (J)
with respect to PSD
have been
disapproved.
Section 110(a)(2) Statewide........ 11/29/2007 and 5/ 11/2/2017, CAA elements
Infrastructure Requirements 26/2016. [insert Federal 110(a)(2)(A), (B),
for the 1997 PM2.5 NAAQS. Register (C) with respect to
citation]. enforcement, (D)(ii),
(E) through (H), (J)
except for prevention
of significant
deterioration (PSD),
and (K) through (M)
have been approved.
CAA elements
110(a)(2)(C) and (J)
with respect to PSD
have been
disapproved.
Section 110(a)(2) Statewide........ 5/23/2011, 6/27/ 11/2/2017, These actions address
Infrastructure Requirements 2012 and 5/26/ [insert Federal the following CAA
for the 2006 24-Hour PM2.5 2016. Register elements:
NAAQS. citation]. 110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M). We have
not finalized action
on the visibility
protection
requirements of
(D)(i)(II). We will
address these
requirements in a
separate action.
Although EPA has
disapproved portions
of Minnesota's
submission addressing
the prevention of
significant
deterioration,
Minnesota continues
to implement the
Federally promulgated
rules for this
purpose as they
pertain to section
110(a)(2)(C),
(D)(i)(II), (D)(ii),
and (J).
Section 110(a)(2) Statewide........ 6/19/2012 and 5/ 11/2/2017, These actions address
Infrastructure Requirements 26/2016. [insert Federal the following CAA
for the 2008 lead (Pb) NAAQS. Register elements:
citation]. 110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M).
Although EPA has
disapproved portions
of Minnesota's
submission addressing
the prevention of
significant
deterioration,
Minnesota continues
to implement the
Federally promulgated
rules for this
purpose as they
pertain to section
110(a)(2)(C),
(D)(i)(II), (D)(ii),
and (J).
Section 110(a)(2) Statewide........ 6/12/2014 and 5/ 11/2/2017, These actions address
Infrastructure Requirements 26/2016. [insert Federal the following CAA
for the 2008 ozone NAAQS. Register elements:
citation]. 110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M). We are
not taking action on
(D)(i)(I) or the
visibility portion of
(D)(i)(II). We will
address these
requirements in a
separate action. EPA
has disapproved the
elements related to
the prevention of
significant
deterioration,
specifically as they
pertain to section
110(a)(2)(C),
(D)(i)(II), (D)(ii),
and (J); however,
Minnesota continues
to implement the
Federally promulgated
rules for this
purpose.
Section 110(a)(2) Statewide........ 6/12/2014 and 5/ 11/2/2017, These actions address
Infrastructure Requirements 26/2016. [insert Federal the following CAA
for the 2010 nitrogen dioxide Register elements:
(NO2) NAAQS. citation]. 110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M). We have
not taken action on
the visibility
portion of
(D)(i)(II). We will
address these
requirements in a
separate action. EPA
is disapproving the
elements related to
the prevention of
significant
deterioration,
specifically as they
pertain to section
110(a)(2)(C),
(D)(i)(II), (D)(ii),
and (J); however,
Minnesota continues
to implement the
Federally promulgated
rules for this
purpose.
[[Page 50811]]
Section 110(a)(2) Statewide........ 6/12/2014 and 5/ 11/2/2017, These actions address
Infrastructure Requirements 26/2016. [insert Federal the following CAA
for the 2010 sulfur dioxide Register elements:
(SO2) NAAQS. citation]. 110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M). We have
not taken action on
(D)(i)(I) or the
visibility portion of
(D)(i)(II). We will
address these
requirements in a
separate action. EPA
has disapproved the
elements related to
the prevention of
significant
deterioration,
specifically as they
pertain to section
110(a)(2)(C),
(D)(i)(II), (D)(ii),
and (J); however,
Minnesota continues
to implement the
Federally promulgated
rules for this
purpose.
Section 110(a)(2) Statewide........ 6/12/2014 and 5/ 11/2/2017, These actions address
Infrastructure Requirements 26/2016. [insert Federal the following CAA
for the 2012 fine particulate Register elements:
matter (PM2.5) NAAQS. citation]. 110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M). We are
not taking action on
(D)(i)(I) or the
visibility portion of
(D)(i)(II). We will
address these
requirements in a
separate action. EPA
has disapproved the
elements related to
the prevention of
significant
deterioration,
specifically as they
pertain to section
110(a)(2)(C),
(D)(i)(II), (D)(ii),
and (J); however,
Minnesota continues
to implement the
Federally promulgated
rules for this
purpose.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2017-23461 Filed 11-1-17; 8:45 am]
BILLING CODE 6560-50-P
