Air Plan Approval; Minnesota; 2008 Ozone Transport, 58116-58118 [2017-26539]
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58116
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
Air Plan Approval; Minnesota; 2008
Ozone Transport
ensure that Minnesota emissions do not
significantly contribute to
nonattainment or interfere with
maintenance of the 2008 ozone NAAQS
in any other state. 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
January 10, 2018.
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
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:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. Background
II. EPA’s Analysis of Minnesota’s Submittal
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
The Environmental Protection
Agency (EPA) is approving a May 26,
2016, State Implementation Plan (SIP)
submission from Minnesota that is
intended to demonstrate that the
Minnesota SIP meets certain interstate
transport requirements of the Clean Air
Act (CAA) for the 2008 ozone National
Ambient Air Quality Standards
(NAAQS). EPA is approving this SIP as
containing adequate provisions to
I. Background
On March 12, 2008, EPA revised the
levels of the primary and secondary
ozone standards from 0.08 parts per
million (ppm) to 0.075 ppm (73 FR
16436). The CAA requires states to
submit, within three years after
promulgation of a new or revised
standard, SIPs meeting the applicable
‘‘infrastructure’’ elements of sections
110(a)(1) and (2). One of these
comments, then EPA would publish a
document withdrawing the final rule
and informing the public that the rule
would not take effect. It was also
explained that all public comments
received would then be addressed in a
subsequent final rule based on the
proposed rule, and that EPA would not
institute a second comment period on
this action.
EPA received one adverse comment
from a single Commenter on the
aforementioned changes. EPA will
address the comment in a separate final
action based on the proposed action also
published on October 13, 2017 (82 FR
47662). In addition, because information
in the docket was not fully accessible to
the public during the initial comment
period, in a separate action EPA will
reopen the comment period for the
proposed rule.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: November 21, 2017.
Onis ‘‘Trey’’ Glenn, III
Regional Administrator, Region 4.
Accordingly, the amendment to 40
CFR 52.520(c) published on October 13,
2017 (82 FR 47636), is withdrawn
effective December 11, 2017.
■
[FR Doc. 2017–26633 Filed 12–8–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0327; FRL–9971–61–
Region 5]
AGENCY:
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SUMMARY:
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applicable infrastructure elements, CAA
section 110(a)(2)(D)(i), requires SIPs to
contain ‘‘good neighbor’’ provisions to
prohibit certain adverse air quality
effects on neighboring states due to
interstate transport of pollution. There
are four sub-elements within CAA
section 110(a)(2)(D)(i). This action
addresses the first two sub-elements of
the good neighbor provisions, at CAA
section 110(a)(2)(D)(i)(I). These subelements require that each SIP for a new
or revised standard contain adequate
provisions to prohibit any source or
other type of emissions activity within
the state from emitting air pollutants
that will ‘‘contribute significantly to
nonattainment’’ or ‘‘interfere with
maintenance’’ of the applicable air
quality standard in any other state.
II. EPA’s Analysis of Minnesota’s
Submittal
On May 26, 2016, the State of
Minnesota submitted a revision to its
SIP to address the first two sub-elements
of the good neighbor provisions, at CAA
section 110(a)(2)(D)(i)(I). Specifically,
Minnesota’s submission asserts that the
state’s SIP contains adequate provisions
to prohibit any source or other type of
emissions activity within the state from
emitting air pollutants that will
‘‘contribute significantly to
nonattainment’’ or ‘‘interfere with
maintenance’’ of the 2008 ozone
standard in any other state. The SIP
submission highlights rules and statutes
already in Minnesota’s SIP that limit
emissions of nitrogen oxides (NOX) and
volatile organic compounds (VOC), the
precursor pollutants contributing to
ozone formation. The submission also
notes that Minnesota sources are subject
to a Federal Implementation Plan (FIP)
for the Cross-State Air Pollution Rule
(CSAPR) at 40 CFR 52.1240, and are
required to reduce annual emissions of
NOX in support of the 2006 NAAQS for
fine particulate matter (PM2.5).
EPA developed technical information
and a related analysis to assist states
with meeting section 110(a)(2)(D)(i)(I)
requirements for the 2008 ozone
NAAQS, and used this technical
analysis to support the CSAPR Update
for the 2008 Ozone NAAQS (‘‘CSAPR
Update’’).1 EPA’s analysis confirms the
assertion in Minnesota’s submittal:
Minnesota does not significantly
contribute to nonattainment or interfere
with maintenance of the 2008 ozone
standard in any other state.
On July 17, 2017 (82 FR 32673), EPA
published a rule proposing to approve
Minnesota’s interstate transport SIP for
purposes of meeting the CAA section
1 81
E:\FR\FM\11DER1.SGM
FR 74504 (October 26, 2016).
11DER1
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
110(a)(2)(D)(i)(I) requirements of the
2008 ozone standard. This proposed
rule contained a detailed evaluation of
how Minnesota’s submission satisfies
CAA requirements. No comments were
received. Therefore, EPA is finalizing
this rule as proposed.
III. What action is EPA taking?
EPA is approving Minnesota’s
interstate transport SIP for purposes of
meeting the CAA section
110(a)(2)(D)(i)(I) requirements of the
2008 ozone standard.
sradovich on DSK3GMQ082PROD with RULES
IV. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
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affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the 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
PO 00000
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58117
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 February 9, 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,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
Dated: November 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:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1220, the table in paragraph
(e) is amended by revising the entry for
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2008 ozone
NAAQS’’ to read as follows:
■
§ 52.1220
*
Identification of plan.
*
*
(e) * * *
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*
*
58118
Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS
Name of nonregulatory
SIP provision
*
Section 110(a)(2) Infrastructure Requirements
for the 2008 ozone
NAAQS.
*
Applicable
geographic or
nonattainment
area
*
Statewide ............
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–HQ–OAR–2017–0667; FRL–9971–66–
OAR]
Findings of Failure To Submit State
Implementation Plan Submittals for the
2008 Ozone National Ambient Air
Quality Standards (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is taking final
action to find that three states have
failed to submit timely revisions to their
state implementation plans (SIPs) as
required to satisfy certain requirements
under the Clean Air Act (CAA) for
implementation of the 2008 ozone
National Ambient Air Quality Standards
(2008 ozone NAAQS). These findings of
failure to submit apply to states with
overdue SIP revisions (or attainment
plans) for nonattainment areas
reclassified from ‘‘Marginal’’ to
‘‘Moderate’’ in May 2016 because the
areas failed to attain the 2008 ozone
NAAQS by the Marginal area attainment
date of July 20, 2015. The SIP revisions
to address all applicable Moderate area
attainment plan requirements for these
areas were due on January 1, 2017. This
action requires the affected states to
timely submit a SIP revision consistent
with the requirements of the CAA and
the EPA regulations. If a state fails to
make the required timely SIP submittal,
or if a submitted SIP is incomplete, the
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SUMMARY:
17:23 Dec 08, 2017
*
6/12/2014 and
5/26/2016.
*
[FR Doc. 2017–26539 Filed 12–8–17; 8:45 am]
VerDate Sep<11>2014
State
submittal date/
effective date
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EPA approved date
Comments
*
*
*
*
12/11/2017, [Insert Fed- These actions address the following CAA eleeral Register citation].
ments: 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 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.
*
*
CAA requires the imposition of
sanctions for the affected area(s). In
addition, the EPA is obligated to
promulgate a federal implementation
plan (FIP) to address any outstanding
SIP requirements if a state does not
submit, and the EPA does not approve,
a state’s submittal within 24 months of
the effective date of these findings.
DATES: The effective date of this action
is January 10, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2017–0667. All
documents in the docket are listed and
publicly available at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, i.e., Confidential
Business Information 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
electronically at https://
www.regulations.gov or in hard copy at
the EPA Docket Center (EPA/DC), EPA
WJC West Building, Room 3334, 1301
Constitution Avenue NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Office
of Air and Radiation Docket and
Information Center is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Ms.
Virginia Raps, Office of Air Quality
Planning and Standards, Air Quality
Policy Division, U.S. Environmental
Protection Agency, Mail Code: C539–01,
109 T.W. Alexander Drive, Research
PO 00000
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*
*
Triangle Park, NC 27711; by telephone
(919) 541–4383; or by email at
raps.virginia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Notice and Comment Under the
Administrative Procedure Act (APA)
Section 553 of the APA1 provides
that, when an agency for good cause
finds that notice and public procedures
are impracticable, unnecessary or
contrary to the public interest, the
agency may issue a rule without
providing notice and an opportunity for
public comment. The EPA has
determined that there is good cause for
making this final agency action without
prior proposal and opportunity for
comment because no significant EPA
judgment is involved in making findings
of failure to submit SIPs, or elements of
SIPs. Rather, the findings are required
by the CAA where states have made no
submissions to meet the SIP
requirements, or where the EPA has
separately determined that they made
incomplete submissions. Thus, notice
and public procedures are unnecessary.
The EPA finds that this constitutes good
cause under 5 U.S.C. 553(b)(3)(B).
B. How can I get copies of this document
and other related information?
In addition to being available in the
docket, an electronic copy of this action
will be posted at https://www.epa.gov/
ozone-pollution/2008-ozone-nationalambient-air-quality-standards-naaqsnonattainment-actions.
1 See
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5 U.S.C. 553(b)(3)(B).
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]]>Agencies
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Rules and Regulations]
[Pages 58116-58118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26539]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0327; FRL-9971-61-Region 5]
Air Plan Approval; Minnesota; 2008 Ozone Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a May
26, 2016, State Implementation Plan (SIP) submission from Minnesota
that is intended to demonstrate that the Minnesota SIP meets certain
interstate transport requirements of the Clean Air Act (CAA) for the
2008 ozone National Ambient Air Quality Standards (NAAQS). EPA is
approving this SIP as containing adequate provisions to ensure that
Minnesota emissions do not significantly contribute to nonattainment or
interfere with maintenance of the 2008 ozone NAAQS in any other state.
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 January 10, 2018.
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 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,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
II. EPA's Analysis of Minnesota's Submittal
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
On March 12, 2008, EPA revised the levels of the primary and
secondary ozone standards from 0.08 parts per million (ppm) to 0.075
ppm (73 FR 16436). The CAA requires states to submit, within three
years after promulgation of a new or revised standard, SIPs meeting the
applicable ``infrastructure'' elements of sections 110(a)(1) and (2).
One of these applicable infrastructure elements, CAA section
110(a)(2)(D)(i), requires SIPs to contain ``good neighbor'' provisions
to prohibit certain adverse air quality effects on neighboring states
due to interstate transport of pollution. There are four sub-elements
within CAA section 110(a)(2)(D)(i). This action addresses the first two
sub-elements of the good neighbor provisions, at CAA section
110(a)(2)(D)(i)(I). These sub-elements require that each SIP for a new
or revised standard contain adequate provisions to prohibit any source
or other type of emissions activity within the state from emitting air
pollutants that will ``contribute significantly to nonattainment'' or
``interfere with maintenance'' of the applicable air quality standard
in any other state.
II. EPA's Analysis of Minnesota's Submittal
On May 26, 2016, the State of Minnesota submitted a revision to its
SIP to address the first two sub-elements of the good neighbor
provisions, at CAA section 110(a)(2)(D)(i)(I). Specifically,
Minnesota's submission asserts that the state's SIP contains adequate
provisions to prohibit any source or other type of emissions activity
within the state from emitting air pollutants that will ``contribute
significantly to nonattainment'' or ``interfere with maintenance'' of
the 2008 ozone standard in any other state. The SIP submission
highlights rules and statutes already in Minnesota's SIP that limit
emissions of nitrogen oxides (NOX) and volatile organic
compounds (VOC), the precursor pollutants contributing to ozone
formation. The submission also notes that Minnesota sources are subject
to a Federal Implementation Plan (FIP) for the Cross-State Air
Pollution Rule (CSAPR) at 40 CFR 52.1240, and are required to reduce
annual emissions of NOX in support of the 2006 NAAQS for
fine particulate matter (PM2.5).
EPA developed technical information and a related analysis to
assist states with meeting section 110(a)(2)(D)(i)(I) requirements for
the 2008 ozone NAAQS, and used this technical analysis to support the
CSAPR Update for the 2008 Ozone NAAQS (``CSAPR Update'').\1\ EPA's
analysis confirms the assertion in Minnesota's submittal: Minnesota
does not significantly contribute to nonattainment or interfere with
maintenance of the 2008 ozone standard in any other state.
---------------------------------------------------------------------------
\1\ 81 FR 74504 (October 26, 2016).
---------------------------------------------------------------------------
On July 17, 2017 (82 FR 32673), EPA published a rule proposing to
approve Minnesota's interstate transport SIP for purposes of meeting
the CAA section
[[Page 58117]]
110(a)(2)(D)(i)(I) requirements of the 2008 ozone standard. This
proposed rule contained a detailed evaluation of how Minnesota's
submission satisfies CAA requirements. No comments were received.
Therefore, EPA is finalizing this rule as proposed.
III. What action is EPA taking?
EPA is approving Minnesota's interstate transport SIP for purposes
of meeting the CAA section 110(a)(2)(D)(i)(I) requirements of the 2008
ozone standard.
IV. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the 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 February 9, 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, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: November 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, the table in paragraph (e) is amended by revising
the entry for ``Section 110(a)(2) Infrastructure Requirements for the
2008 ozone NAAQS'' to read as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(e) * * *
[[Page 58118]]
EPA-Approved Minnesota Nonregulatory Provisions
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Applicable geographic or State submittal date/
Name of nonregulatory SIP provision nonattainment area effective date EPA approved date Comments
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* * * * * * *
Section 110(a)(2) Infrastructure Statewide..................... 6/12/2014 and 12/11/2017, [Insert These actions address the
Requirements for the 2008 ozone 5/26/2016.................... Federal Register following CAA elements:
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
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.
* * * * * * *
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[FR Doc. 2017-26539 Filed 12-8-17; 8:45 am]
BILLING CODE 6560-50-P
