Air Plan Approval; Minnesota; State Board Requirements, 50807-50811 [2017-23461]

Download as PDF 50807 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations Diagnostic code No. Sec. * 7915 7916 7917 7918 7919 * * * * * * 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. * * 5. Amend Appendix B to part 4 by: a. Revising the entries for diagnostic codes 7900 through 7902; * * b. Adding, in numerical order, an entry for diagnostic code 7906; and ■ c. Revising the entries for diagnostic codes 7911 and 7912. ■ * The revisions and addition read as follows: ■ ■ * * Appendix B to Part 4—Numerical Index of Disabilities Diagnostic code No. * * * * * * * * * * THE ENDOCRINE SYSTEM 7900 .................................... 7901 .................................... 7902 .................................... Hyperthyroidism, including, but not limited to, Graves’ disease. Thyroid enlargement, toxic. Thyroid enlargement, nontoxic. * * 7906 .................................... Thyroiditis. * * * * * * * * 7911 .................................... Addison’s disease (adrenocortical insufficiency). 7912 .................................... Polyglandular syndrome (multiple endocrine neoplasia, autoimmune polyglandular syndrome). * * * 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: ■ * * [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. * * * * Graves’ disease ........................ nlaroche on DSK9F9SC42PROD with RULES * * * * Polyglandular syndrome ........... * * * * Thyroid gland. Nontoxic thyroid enlargement Toxic thyroid enlargement ..... Thyroiditis ................................. * VerDate Sep<11>2014 * * 14:56 Nov 01, 2017 * The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) submission from Minnesota addressing the state * 7912 board requirements of the Clean Air Act (CAA). EPA is also approving elements of Minnesota’s submission addressing * 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 * dioxide (SO2), and 2012 PM2.5 National * 7900 Jkt 244001 SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 * * * 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 E:\FR\FM\02NOR1.SGM 02NOR1 50808 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: nlaroche on DSK9F9SC42PROD with RULES 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’’ VerDate Sep<11>2014 14:56 Nov 01, 2017 Jkt 244001 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. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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). E:\FR\FM\02NOR1.SGM 02NOR1 50809 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations 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: ■ ■ § 52.1220 ■ * Authority: 42 U.S.C. 7401 et seq. Identification of plan. * * (c) * * * * * EPA-APPROVED MINNESOTA REGULATIONS Minnesota citation State effective date Title/subject CHAPTER 7000 7000.0300 ....................... * Duty of candor ............... * 4/19/2004 * EPA approval date Comments PROCEDURAL RULES 11/2/2017, [insert Federal Register citation]. * * * * nlaroche on DSK9F9SC42PROD with RULES Minnesota Statutes 10A.07 ............................. 10A.09 ............................. * * * Conflicts of interest ........ Statements of economic interest. * * VerDate Sep<11>2014 * * * 14:56 Nov 01, 2017 5/25/2013 5/23/2015 11/2/2017, [insert Federal Register citation]. 11/2/2017, [insert Federal Register citation]. * * * (e) * * * Jkt 244001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\02NOR1.SGM 02NOR1 * 50810 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS Applicable geographic or nonattainment area * Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone NAAQS. * Statewide ................... * * * 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. nlaroche on DSK9F9SC42PROD with RULES Name of nonregulatory SIP provision Statewide ................... 6/12/2014 and 5/26/ 2016. 11/2/2017, [insert Federal Register citation]. VerDate Sep<11>2014 18:22 Nov 01, 2017 Jkt 244001 State submittal date/ effective date PO 00000 Frm 00010 Fmt 4700 EPA approved date Sfmt 4700 Comments * * 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. E:\FR\FM\02NOR1.SGM 02NOR1 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations 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. nlaroche on DSK9F9SC42PROD with RULES SUMMARY: VerDate Sep<11>2014 14:56 Nov 01, 2017 Jkt 244001 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 http:// 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 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 http://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).
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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.
---------------------------------------------------------------------------

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