Air Plan Approval; Minnesota; PSD Infrastructure SIP Requirements, 36748-36751 [2018-16256]
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Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations
ADPR 1
ENVIRONMENTAL PROTECTION
AGENCY
Inbound International *
International Business Reply Service (IBRS)
Competitive Contracts
International Business Reply Service
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International Business Reply Service
Competitive Contract 3
Inbound Direct Entry Contracts with
Customers
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Postal Administrations
Inbound Direct Entry Contracts with Foreign
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Postal Administrations 1
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Inbound EMS 2
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Agreement
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Operators
Inbound Competitive Multi-Service
Agreements with Foreign Postal
Operators 1
Special Services *
Address Enhancement Services
Greeting Cards, Gift Cards, and Stationery
International Ancillary Services
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Outbound
International Money Transfer Service—
Inbound
Premium Forwarding Service
Shipping and Mailing Supplies
Post Office Box Service
Competitive Ancillary Services
Nonpostal Services *
Advertising
Licensing of Intellectual Property other than
Officially Licensed Retail
Products (OLRP)
Mail Service Promotion
Officially Licensed Retail Products (OLRP)
Passport Photo Service
Photocopying Service
Rental, Leasing, Licensing or other Non-Sale
Disposition of Tangible Property
Training Facilities and Related Services
USPS Electronic Postmark (EPM) Program
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Ruth Ann Abrams,
Acting Secretary.
[FR Doc. 2018–16267 Filed 7–30–18; 8:45 am]
BILLING CODE 7710–FW–P
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40 CFR Part 52
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
AGENCY:
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. Statutory and Executive Order Reviews
The Environmental Protection
Agency (EPA) is approving elements of
a state implementation plan (SIP)
submission from Minnesota regarding
the infrastructure requirements of
section 110 of the Clean Air Act (CAA)
relating to Prevention of Significant
Deterioration (PSD) 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 Minnesota Pollution
Control Agency (MPCA) submitted the
SIP revision to EPA on October 4, 2016.
DATES: This final rule is effective on
August 30, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0603. All
documents in the docket are listed on
the www.regulations.gov website.
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
I. What is the background of this SIP
submission?
This rulemaking approves a SIP
submission from MPCA dated October
4, 2016, which addresses infrastructure
requirements relating to PSD 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 CAA 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.
CAA 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 infrastructure SIP
elements relating to PSD, provided at
CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and
110(a)(2)(J).
In previous rulemakings, EPA
addressed Minnesota’s infrastructure
obligations under the various NAAQS.
On July 13, 2011 (76 FR 41075), EPA
approved most elements of Minnesota’s
infrastructure SIP submittal for the 1997
ozone and 1997 PM2.5 NAAQS. On
October 29, 2012 (77 FR 65478), EPA
approved most elements of Minnesota’s
[EPA–R05–OAR–2016–0603; FRL–9981–
45—Region 5]
Air Plan Approval; Minnesota; PSD
Infrastructure SIP Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY:
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Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Rules and Regulations
infrastructure SIP submittal for the 2006
PM2.5 NAAQS. On July 16, 2014 (79 FR
41439), EPA approved most elements of
Minnesota’s infrastructure SIP submittal
for the 2008 Pb NAAQS. Finally, on
October 20, 2015 (80 FR 63436), EPA
approved most elements of Minnesota’s
infrastructure SIP submittal for the 2008
ozone, 2010 NO2, 2010 SO2, and 2012
PM2.5 NAAQS. However, because
Minnesota did not have an approved
PSD program at the time of these
rulemakings, EPA generally
disapproved infrastructure SIP elements
relating to PSD in the rulemakings.1
MPCA’s submission dated October 4,
2016, requested that EPA approve into
its SIP Minnesota Rule 7007.3000,
which incorporates by reference the
Federal PSD rules at 40 CFR 52.21. On
July 10, 2017 (82 FR 31741), EPA
proposed to approve this request, and
on September 26, 2017 (82 FR 44734),
EPA finalized approval; the change
became effective on October 26, 2017.
Therefore, Minnesota is now
implementing its own SIP-approved
PSD program.
In this rulemaking, as requested by
Minnesota, EPA is finding that
Minnesota has satisfied all
infrastructure SIP elements relating to
PSD, at CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and
110(a)(2)(J), for the 1997 ozone, 1997
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone,
2010 NO2, 2010 SO2, and 2012 PM2.5
NAAQS.
Infrastructure State Implementation
Plan (SIP) Elements under CAA
Sections 110(a)(1) and (2)’’ (2013
Guidance).4
III. What is the result of EPA’s review
of this SIP submission?
Pursuant to CAA section 110(a), states
must provide reasonable notice and
opportunity for public hearing for all
infrastructure SIP submissions. MPCA
commenced a public comment period
on June 20, 2016, and closed the public
comment period on July 20, 2016.
Minnesota received three comments,
and provided a response to comments in
its submittal.
Minnesota provided a synopsis of
how its SIP meets each of the applicable
requirements in CAA sections
110(a)(2)(C), 110(a)(2)(D)(i)(II),
110(a)(2)(D)(ii), and 110(a)(2)(J) 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 May 17, 2018 (83 FR 22913), EPA
published a proposed rule that would
approve this submission into
Minnesota’s SIP. This proposed rule
contained a detailed evaluation of how
Minnesota’s submission satisfies certain
requirements under CAA section 110.
Two comments were received; neither is
relevant to this rulemaking. Therefore,
EPA is finalizing this rule as proposed.
IV. What action is EPA taking?
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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 2 National
Ambient Air Quality Standards’’ (2007
Guidance).3 Further guidance is
provided in a September 13, 2013,
document entitled ‘‘Guidance on
EPA is approving the submission from
Minnesota certifying that its current SIP
is sufficient to meet the infrastructure
SIP requirements relating to PSD, at
CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and
110(a)(2)(J), for the 1997 ozone, 1997
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone,
2010 NO2, 2010 SO2, and 2012 PM2.5
NAAQS. EPA is also making some
consistency and clarification edits to
Minnesota’s infrastructure SIP table in
40 CFR 52.1220.
1 States may develop and implement their own
PSD programs, which are evaluated against EPA’s
requirements for each component. States may
alternatively decline to develop their own program,
but instead directly implement Federal PSD rules.
At the time of the infrastructure rulemakings
referenced above, Minnesota had chosen to
implement the federally promulgated PSD rules at
40 CFR 52.21, and EPA had delegated to Minnesota
the authority to implement these regulations. The
federally promulgated rules satisfied all
infrastructure requirements relating to PSD.
However, as a delegated program, these
infrastructure elements were not approved into the
Minnesota SIP.
2 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.
3 https://www3.epa.gov/ttn/naaqs/aqmguide/
collection/cp2/20071002_harnett_110(a)_sip_
guidance.pdf.
V. Statutory and Executive Order
Reviews
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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
4 https://www3.epa.gov/airquality/urbanair/
sipstatus/docs/Guidance_on_Infrastructure_SIP_
Elements_Multipollutant_FINAL_Sept_2013.pdf.
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36749
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
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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 October 1, 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: July 17, 2018.
Cathy Stepp,
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:
■ i. Removing the entry for ‘‘CAA
110(a)(2)(D)(i) SIP-Interstate Transport’’.
■
ii. Revising the entries for ‘‘Section
110(a)(2) Infrastructure Requirements
for the 1997 8-hour ozone NAAQS’’;
‘‘Section 110(a)(2) Infrastructure
Requirements for the 1997 PM2.5
NAAQS’’; ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2006
24-Hour PM2.5 NAAQS’’; ‘‘Section
110(a)(2) Infrastructure Requirements
for the 2008 lead (Pb) NAAQS’’;
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2008 ozone
NAAQS’’; ‘‘Section 110(a)(2)
Infrastructure Requirements for the 2010
nitrogen dioxide (NO2) NAAQS’’;
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2010 sulfur
dioxide (SO2) NAAQS’’; and ‘‘Section
110(a)(2) Infrastructure Requirements
for the 2012 fine particulate matter
(PM2.5) NAAQS’’.
The revisions reads as follows:
■
§ 52.1220
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable
geographic or
nonattainment
area
State submittal date/
effective date
EPA approved date
Comments
*
*
10/23/2007, 11/29/2007, 5/
26/2016 and 10/4/2016.
*
7/31/2018, [insert Federal
Register citation].
*
*
Fully approved for all CAA elements.
10/23/2007, 11/29/2007, 5/
26/2016 and 10/4/2016.
7/31/2018, [insert Federal
Register citation].
Fully approved for all CAA elements.
5/23/2011, 5/26/2016 and
10/4/2016.
7/31/2018, [insert Federal
Register citation].
Statewide ..........
6/19/2012, 5/26/2016 and
10/4/2016.
7/31/2018, [insert Federal
Register citation].
Fully approved for all CAA elements
except (D)(i)(I), which has been
remedied with a FIP, and the visibility protection requirements of
(D)(i)(II).
Fully approved for all CAA elements.
Statewide ..........
6/12/2014, 5/26/2016 and
10/4/2016.
7/31/2018, [insert Federal
Register citation].
Statewide ..........
6/12/2014, 5/26/2016 and
10/4/2016.
7/31/2018, [insert Federal
Register citation].
Statewide ..........
6/12/2014, 5/26/2016 and
10/4/2016.
7/31/2018, [insert Federal
Register citation].
Statewide ..........
6/12/2014, 5/26/2016 and
10/4/2016.
7/31/2018, [insert Federal
Register citation].
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*
*
Section 110(a)(2) Infrastruc- Statewide ..........
ture Requirements for the
1997 8-Hour Ozone
NAAQS.
Section 110(a)(2) Infrastruc- Statewide ..........
ture Requirements for the
1997 PM2.5 NAAQS.
Section 110(a)(2) Infrastruc- Statewide ..........
ture Requirements for the
2006 24-Hour PM2.5
NAAQS.
Section 110(a)(2) Infrastructure Requirements for the
2008 lead (Pb) NAAQS.
Section 110(a)(2) Infrastructure Requirements for the
2008 ozone NAAQS.
Section 110(a)(2) Infrastructure Requirements for the
2010 nitrogen dioxide
(NO2) NAAQS.
Section 110(a)(2) Infrastructure Requirements for the
2010 sulfur dioxide (SO2)
NAAQS.
Section 110(a)(2) Infrastructure Requirements for the
2012 fine particulate matter (PM2.5) NAAQS.
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Fully approved for all CAA elements
except the visibility protection requirements of (D)(i)(II).
Fully approved for all CAA elements
except the visibility protection requirements of (D)(i)(II).
Fully approved for all CAA elements
except (D)(i)(I) and the visibility
protection
requirements
of
(D)(i)(II).
Fully approved for all CAA elements
except (D)(i)(I) and the visibility
protection
requirements
of
(D)(i)(II).
31JYR1
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(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@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:
[FR Doc. 2018–16256 Filed 7–30–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0535; FRL–9981–
46—Region 5]
Air Plan Approval; Indiana; Air Quality
Standards Update for the 2015 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
I. Background
The Environmental Protection
Agency (EPA) is approving a September
7, 2017, request by the Indiana
Department of Environmental
Management (IDEM) to revise the
Indiana state implementation plan (SIP)
for ozone. IDEM revised its ozone
standard in order to be consistent with
EPA’s 2015 revisions to the 8-hour
national ambient air quality standards
(NAAQS). IDEM also revised references
to the monitoring test methods in its
rules to be consistent with the current
EPA test methods. EPA is also
approving administrative revisions to
regulations addressing other ambient air
quality standards.
DATES: This final rule is effective on
August 30, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0535. All
documents in the docket are listed on
the www.regulations.gov website.
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 Matt
Rau, Environmental Engineer, at (312)
886–6524 before visiting the Region 5
office.
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SUMMARY:
Matt
Rau, Environmental Engineer, Control
Strategies Section, Air Programs Branch
FOR FURTHER INFORMATION CONTACT:
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I. Background
II. Public Comment
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
On October 26, 2015 (80 FR 65291),
EPA revised the primary and secondary
ozone NAAQS from 0.075 to 0.070 parts
per million (ppm), daily maximum 8hour concentration, codified at 40 CFR
50.19. EPA also revised the monitoring
test methods for ozone, which are
codified at 40 CFR part 50, appendices
D and U, and at 40 CFR part 53.
On April 11, 2017, IDEM revised its
ambient air quality primary and
secondary standards for ozone to be
consistent with EPA’s 2015 revision,
and codified that revision at 326 Indiana
Administrative Code (IAC) 1–3–4,
Ambient Air Quality Standards. IDEM
revised 326 IAC 1–3–4(4)(B) to update
its references to the Federal monitoring
test methods. Indiana also made
administrative revisions throughout 326
IAC 1–3–4 for ambient air quality
standards other than ozone. This
includes changing ‘‘shall represent’’ to
‘‘represents’’ and ‘‘shall’’ to ‘‘must.’’
On September 7, 2017, IDEM
submitted the revisions of 326 IAC 1–3–
4 to EPA and requested their approval
into the Indiana SIP. EPA proposed
approving 326 IAC 1–3–4, as revised, on
May 2, 2018 (83 FR 19194).
II. Public Comment
A public comment period was
provided in the May 2, 2018 (83 FR
19194) proposed rule. The comment
period closed on June 1, 2018. Two
comments were submitted during the
comment period. Both comments raised
issues outside the scope of this
rulemaking.
III. What action is EPA taking?
EPA is approving revisions related to
Indiana’s ambient air quality standards
in 326 IAC 1–3–4 into the Indiana SIP.
The revisions to 326 IAC 1–3–4 include
making IDEM’s ozone standard
consistent with the 2015 8-hour ozone
NAAQS, as codified at 40 CFR part 50,
and making IDEM’s monitoring test
methods for ozone consistent with the
methods codified at 40 CFR part 50 and
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36751
40 CFR part 53. Further, administrative
revisions were made to IDEM’s other
ambient air quality standards in 326 IAC
1–3–4. IDEM submitted the SIP revision
request on September 7, 2017.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Indiana 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 in the next
update to the SIP compilation.1
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act 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 Clean Air Act. 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
1 62
E:\FR\FM\31JYR1.SGM
FR 27968 (May 22, 1997).
31JYR1
]]>Agencies
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Rules and Regulations]
[Pages 36748-36751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16256]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0603; FRL-9981-45--Region 5]
Air Plan Approval; Minnesota; PSD Infrastructure SIP Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of a state implementation plan (SIP) submission from Minnesota
regarding the infrastructure requirements of section 110 of the Clean
Air Act (CAA) relating to Prevention of Significant Deterioration (PSD)
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
Minnesota Pollution Control Agency (MPCA) submitted the SIP revision to
EPA on October 4, 2016.
DATES: This final rule is effective on August 30, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0603. All documents in the docket are listed on
the www.regulations.gov website. 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. 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. Statutory and Executive Order Reviews
I. What is the background of this SIP submission?
This rulemaking approves a SIP submission from MPCA dated October
4, 2016, which addresses infrastructure requirements relating to PSD
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 CAA 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. CAA 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 infrastructure SIP
elements relating to PSD, provided at CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and 110(a)(2)(J).
In previous rulemakings, EPA addressed Minnesota's infrastructure
obligations under the various NAAQS. On July 13, 2011 (76 FR 41075),
EPA approved most elements of Minnesota's infrastructure SIP submittal
for the 1997 ozone and 1997 PM2.5 NAAQS. On October 29, 2012
(77 FR 65478), EPA approved most elements of Minnesota's
[[Page 36749]]
infrastructure SIP submittal for the 2006 PM2.5 NAAQS. On
July 16, 2014 (79 FR 41439), EPA approved most elements of Minnesota's
infrastructure SIP submittal for the 2008 Pb NAAQS. Finally, on October
20, 2015 (80 FR 63436), EPA approved most elements of Minnesota's
infrastructure SIP submittal for the 2008 ozone, 2010 NO2,
2010 SO2, and 2012 PM2.5 NAAQS. However, because
Minnesota did not have an approved PSD program at the time of these
rulemakings, EPA generally disapproved infrastructure SIP elements
relating to PSD in the rulemakings.\1\
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\1\ States may develop and implement their own PSD programs,
which are evaluated against EPA's requirements for each component.
States may alternatively decline to develop their own program, but
instead directly implement Federal PSD rules. At the time of the
infrastructure rulemakings referenced above, Minnesota had chosen to
implement the federally promulgated PSD rules at 40 CFR 52.21, and
EPA had delegated to Minnesota the authority to implement these
regulations. The federally promulgated rules satisfied all
infrastructure requirements relating to PSD. However, as a delegated
program, these infrastructure elements were not approved into the
Minnesota SIP.
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MPCA's submission dated October 4, 2016, requested that EPA approve
into its SIP Minnesota Rule 7007.3000, which incorporates by reference
the Federal PSD rules at 40 CFR 52.21. On July 10, 2017 (82 FR 31741),
EPA proposed to approve this request, and on September 26, 2017 (82 FR
44734), EPA finalized approval; the change became effective on October
26, 2017. Therefore, Minnesota is now implementing its own SIP-approved
PSD program.
In this rulemaking, as requested by Minnesota, EPA is finding that
Minnesota has satisfied all infrastructure SIP elements relating to
PSD, at CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),
110(a)(2)(D)(ii), and 110(a)(2)(J), for the 1997 ozone, 1997
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010
NO2, 2010 SO2, and 2012 PM2.5 NAAQS.
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 \2\ National Ambient Air Quality Standards'' (2007
Guidance).\3\ 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).\4\
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\2\ PM2.5 refers to particles with an aerodynamic
diameter of less than or equal to 2.5 micrometers, oftentimes
referred to as ``fine'' particles.
\3\ https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20071002_harnett_110(a)_sip_guidance.pdf.
\4\ https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
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III. What is the result of EPA's review of this SIP submission?
Pursuant to CAA section 110(a), states must provide reasonable
notice and opportunity for public hearing for all infrastructure SIP
submissions. MPCA commenced a public comment period on June 20, 2016,
and closed the public comment period on July 20, 2016. Minnesota
received three comments, and provided a response to comments in its
submittal.
Minnesota provided a synopsis of how its SIP meets each of the
applicable requirements in CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and 110(a)(2)(J) 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 May 17, 2018 (83 FR 22913), EPA published a proposed rule that
would approve this submission into Minnesota's SIP. This proposed rule
contained a detailed evaluation of how Minnesota's submission satisfies
certain requirements under CAA section 110. Two comments were received;
neither is relevant to this rulemaking. Therefore, EPA is finalizing
this rule as proposed.
IV. What action is EPA taking?
EPA is approving the submission from Minnesota certifying that its
current SIP is sufficient to meet the infrastructure SIP requirements
relating to PSD, at CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II),
110(a)(2)(D)(ii), and 110(a)(2)(J), for the 1997 ozone, 1997
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010
NO2, 2010 SO2, and 2012 PM2.5 NAAQS.
EPA is also making some consistency and clarification edits to
Minnesota's infrastructure SIP table in 40 CFR 52.1220.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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
[[Page 36750]]
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 October 1, 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: July 17, 2018.
Cathy Stepp,
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:
0
i. Removing the entry for ``CAA 110(a)(2)(D)(i) SIP-Interstate
Transport''.
0
ii. Revising the entries for ``Section 110(a)(2) Infrastructure
Requirements for the 1997 8-hour ozone NAAQS''; ``Section 110(a)(2)
Infrastructure Requirements for the 1997 PM2.5 NAAQS'';
``Section 110(a)(2) Infrastructure Requirements for the 2006 24-Hour
PM2.5 NAAQS''; ``Section 110(a)(2) Infrastructure
Requirements for the 2008 lead (Pb) NAAQS''; ``Section 110(a)(2)
Infrastructure Requirements for the 2008 ozone NAAQS''; ``Section
110(a)(2) Infrastructure Requirements for the 2010 nitrogen dioxide
(NO2) NAAQS''; ``Section 110(a)(2) Infrastructure
Requirements for the 2010 sulfur dioxide (SO2) NAAQS''; and
``Section 110(a)(2) Infrastructure Requirements for the 2012 fine
particulate matter (PM2.5) NAAQS''.
The revisions reads as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Minnesota Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
State submittal
Name of nonregulatory SIP Applicable geographic date/ effective EPA approved Comments
provision or nonattainment area date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Statewide............ 10/23/2007, 11/ 7/31/2018, Fully approved for
Infrastructure Requirements 29/2007, 5/26/ [insert Federal all CAA elements.
for the 1997 8-Hour Ozone 2016 and 10/4/ Register
NAAQS. 2016. citation].
Section 110(a)(2) Statewide............ 10/23/2007, 11/ 7/31/2018, Fully approved for
Infrastructure Requirements 29/2007, 5/26/ [insert Federal all CAA elements.
for the 1997 PM2.5 NAAQS. 2016 and 10/4/ Register
2016. citation].
Section 110(a)(2) Statewide............ 5/23/2011, 5/26/ 7/31/2018, Fully approved for
Infrastructure Requirements 2016 and 10/4/ [insert Federal all CAA elements
for the 2006 24-Hour PM2.5 2016. Register except (D)(i)(I),
NAAQS. citation]. which has been
remedied with a FIP,
and the visibility
protection
requirements of
(D)(i)(II).
Section 110(a)(2) Statewide............ 6/19/2012, 5/26/ 7/31/2018, Fully approved for
Infrastructure Requirements 2016 and 10/4/ [insert Federal all CAA elements.
for the 2008 lead (Pb) NAAQS. 2016. Register
citation].
Section 110(a)(2) Statewide............ 6/12/2014, 5/26/ 7/31/2018, Fully approved for
Infrastructure Requirements 2016 and 10/4/ [insert Federal all CAA elements
for the 2008 ozone NAAQS. 2016. Register except the
citation]. visibility
protection
requirements of
(D)(i)(II).
Section 110(a)(2) Statewide............ 6/12/2014, 5/26/ 7/31/2018, Fully approved for
Infrastructure Requirements 2016 and 10/4/ [insert Federal all CAA elements
for the 2010 nitrogen dioxide 2016. Register except the
(NO2) NAAQS. citation]. visibility
protection
requirements of
(D)(i)(II).
Section 110(a)(2) Statewide............ 6/12/2014, 5/26/ 7/31/2018, Fully approved for
Infrastructure Requirements 2016 and 10/4/ [insert Federal all CAA elements
for the 2010 sulfur dioxide 2016. Register except (D)(i)(I) and
(SO2) NAAQS. citation]. the visibility
protection
requirements of
(D)(i)(II).
Section 110(a)(2) Statewide............ 6/12/2014, 5/26/ 7/31/2018, Fully approved for
Infrastructure Requirements 2016 and 10/4/ [insert Federal all CAA elements
for the 2012 fine particulate 2016. Register except (D)(i)(I) and
matter (PM2.5) NAAQS. citation]. the visibility
protection
requirements of
(D)(i)(II).
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[[Page 36751]]
[FR Doc. 2018-16256 Filed 7-30-18; 8:45 am]
BILLING CODE 6560-50-P
