Air Plan Approval; Minnesota; Infrastructure SIP Requirements for the 2012 PM2.5, 50849-50851 [2018-21875]
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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations
(iii) Disposal. Requirements as
specified in § 721.85(a)(1), (a)(2), (b)(1),
(b)(2), (c)(1), (c)(2).
(iv) Release to water. Requirements as
specified in § 721.90(a)(1), (b)(1), (c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (e), (j), and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
■ 11. Add § 721.11180 to subpart E to
read as follows:
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§ 721.11180 Arenesulfonic acid, alkyl
derivatives, metal salts (generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as arenesulfonic acid, alkyl
derivatives, metal salts (PMN P–17–283)
is subject to reporting under this section
for the significant new uses described in
paragraph (a)(2) of this section.
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (iii), (a)(3),
(when determining which persons are
reasonably likely to be exposed as
required for § 721.63(a)(1), engineering
control measures (e.g. enclosure or
confinement of operation, general and
local ventilation) or administrative
control measures (e.g. workplace
policies and procedures) shall be
considered and implemented to prevent
exposure, where feasible), (b)
(concentration set at 1.0%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 1.0%),
(f), (g)(1)(skin sensitization), (eye
irritation), (lung effects), (skin
corrosion), (g)(2)(i), (iii), (v), and (g)(5).
Alternative hazard and warning
statements that meet the criteria of the
Globally Harmonized System and OSHA
Hazard Communication Standard may
be used.
(iii) Industrial, commercial, and
consumer activities. Requirements as
specified in § 721.80(p) (6 months). It is
a significant new use to manufacture,
process or use the substance in any
manner way that results in generation of
a vapor, mist, spray, or aerosol.
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(b) Specific requirements. The
provisions of subpart A of this part
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i).
(2) Limitations or revocation of
certain notification requirements. The
provision of § 721.185 apply to this
section.
■ 12. Add § 721.11181 to subpart E to
read as follows:
§ 721.11181 Heteromonocycle, 2[(bicarbomonocycle-2-substituted)alkyl](generic).
(a) Chemical substance and
significant new uses subject to reporting.
(1) The chemical substance identified
generically as heteromonocycle, 2[(bicarbomonocycle-2-substituted)alkyl](PMN P–17–353) is subject to reporting
under this section for the significant
new uses described in paragraph (a)(2)
of this section. The requirements of this
section do not apply to quantities of the
substance after they have been reacted
(cured).
(2) The significant new uses are:
(i) Protection in the workplace.
Requirements as specified in
§ 721.63(a)(1), (a)(2)(i), (ii), (iii), (iv),
(a)(3), (when determining which
persons are reasonably likely to be
exposed as required for § 721.63(a)(1),
engineering control measures (e.g.
enclosure or confinement of the
operation, general and local ventilation)
or administrative control measures (e.g.
workplace policies and procedures)
shall be considered and implemented to
prevent exposure, where feasible), (b)
(concentration set at 0.1%), and (c).
(ii) Hazard communication.
Requirements as specified in § 721.72(a)
through (e) (concentration set at 0.1%),
(f), (g)(1), (g)(1)(iv), (vi), (vii), (ix),
(mutagenicity), (eye, skin, lung, and
mucous membrane irritation), (skin and
lung sensitization), (g)(2)(i), (ii), (iii), (v),
(avoid workplace airborne
concentrations), (g)(3)(i), (ii), (g)(4)(iii),
and (g)(5). Alternative hazard and
warning statements that meet the
criteria of the Globally Harmonized
System and OSHA Hazard
Communication Standard may be used.
(iii) Industrial, commercial, and
consumer activities: Requirements as
specified in § 721.80(f) and (k). It is a
significant new use to process or use the
substance in any manner that generates
a vapor, spray, mist, or aerosol.
(iv) Release to water. Requirements as
specified in § 721.90(b)(1) and (c)(1).
(b) Specific requirements. The
provisions of subpart A of this part
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50849
apply to this section except as modified
by this paragraph (b).
(1) Recordkeeping. Recordkeeping
requirements as specified in
§ 721.125(a) through (i) and (k) are
applicable to manufacturers and
processors of this substance.
(2) Limitations or revocation of
certain notification requirements. The
provisions of § 721.185 apply to this
section.
(3) Determining whether a specific use
is subject to this section. The provisions
of § 721.1725(b)(1) apply to paragraph
(a)(2)(iii) of this section.
[FR Doc. 2018–21871 Filed 10–9–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2017–0060; FRL–9985–12–
Region 5]
Air Plan Approval; Minnesota;
Infrastructure SIP Requirements for
the 2012 PM2.5 NAAQS; Multistate
Transport
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
the State Implementation Plan (SIP)
submission from Minnesota regarding
the infrastructure requirements of
section 110 of the Clean Air Act (CAA)
for the 2012 annual fine particulate
matter (PM2.5) National Ambient Air
Quality Standard (NAAQS or standard).
The infrastructure requirements are
designed to ensure that the structural
components of each state’s air quality
management program are adequate to
meet the state’s responsibilities under
the CAA. This action pertains
specifically to infrastructure
requirements concerning interstate
transport provisions.
DATES: This final rule is effective on
November 9, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2017–0060. 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.
SUMMARY:
E:\FR\FM\10OCR1.SGM
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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations
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 Anthony
Maietta, Environmental Protection
Specialist, at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@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 being addressed by this document?
II. What comments did we receive on the
proposed action?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
daltland on DSKBBV9HB2PROD with RULES
I. What is being addressed by this
document?
On January 23, 2017, the Minnesota
Pollution Control Agency (MPCA)
submitted a request for EPA to approve
its infrastructure SIP for the 2012
annual PM2.5 NAAQS. On August 13,
2018, EPA proposed to approve the
portion of the submission dealing with
requirements one and two (otherwise
known as ‘‘prongs’’ one and two) of the
provision for interstate pollution
transport under Clean Air Act Section
110(a)(2)(D)(i), also known as the ‘‘good
neighbor’’ provision.1
The January 23, 2017 MPCA submittal
included a demonstration that
Minnesota’s SIP contains sufficient
major programs related to the interstate
transport of pollution. Minnesota’s
submittal also included a technical
analysis of its interstate transport of
pollution relative to the 2012 PM2.5
NAAQS that demonstrates that current
controls are adequate for Minnesota to
1 There are four prongs to the Section
110(a)(2)(D)(i) ‘‘good neighbor’’ provision, which
are: Prohibit any source or other type of emissions
activity in one state from contributing significantly
to nonattainment of the NAAQS in another state
(prong one); prohibit any source or other type of
emissions activity in one state from interfering with
maintenance of the NAAQS in another state (prong
two); prohibit any source or other type of emissions
activity in one state from interfering with measures
required to prevent significant deterioration (PSD)
of air quality in another state (prong three); and
protect visibility in another state (prong four).
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Jkt 247001
show that it meets prongs one and two
of the ‘‘good neighbor’’ provision. After
review, EPA proposed to approve
Minnesota’s request relating to prongs
one and two of the ‘‘good neighbor’’
provision.
II. What comments did we receive on
the proposed action?
Our August 13, 2018 proposed rule
provided a 30-day review and comment
period. The comment period closed on
September 12, 2018. EPA did not
receive any comments on the proposed
action.
III. What action is EPA taking?
EPA is approving the portion of
Minnesota’s January 23, 2017
submission certifying that the current
Minnesota SIP is sufficient to meet the
required infrastructure requirements
under CAA section 110(a)(2)(D)(i)(I),
specifically prongs one and two, as set
forth above.
IV. 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
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
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 10,
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
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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations
Dated: September 25, 2018.
James Payne,
Acting Regional Administrator, Region 5.
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,
Particulate matter, Reporting and
recordkeeping requirements.
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 2012 fine
particulate matter (PM2.5) NAAQS’’ to
read as follows:
■
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1220
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS
Name of nonregulatory SIP provision
*
*
Section 110(a)(2) Infrastructure Requirements for the 2012 fine particulate matter (PM2.5) NAAQS.
*
*
*
*
Statewide ..........
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0054; FRL–9984–99–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Interstate Transport
Requirements for the 2012 Fine
Particulate Matter Standard
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Jkt 247001
Comments
*
10/10/2018, [Insert
Federal Register
citation].
*
*
Fully approved for all CAA elements
except the visibility protection requirements of (D)(i)(II).
*
*
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
Joseph Schulingkamp, (215) 814–2021,
or by email at schulingkamp.joseph@
epa.gov.
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. This revision pertains to
the infrastructure requirement for
interstate transport of pollution with
respect to the 2012 fine particulate
matter (PM2.5) national ambient air
quality standards (NAAQS). EPA is
approving this revision in accordance
with the requirements of the Clean Air
Act (CAA).
DATES: This final rule is effective on
November 9, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2018–0054. All
documents in the docket are listed on
SUMMARY:
EPA approved date
FOR FURTHER INFORMATION CONTACT:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
16:31 Oct 09, 2018
*
6/12/2014, 5/26/
2016 and 1/23/
2017.
*
[FR Doc. 2018–21875 Filed 10–9–18; 8:45 am]
VerDate Sep<11>2014
State
submittal
date/
effective
date
Applicable
geographic or
nonattainment
area
SUPPLEMENTARY INFORMATION:
I. Background
On June 14, 2018 (83 FR 27732), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. In the
NPR, EPA proposed approval of the
Pennsylvania SIP revision addressing
the interstate transport requirements for
the 2012 PM2.5 NAAQS in CAA section
110(a)(2)(D)(i)(I) submitted on October
11, 2017. For more information on
particulate pollution, EPA’s
infrastructure requirements, and
interstate transport requirements, see
Section I of the NPR.
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Frm 00047
Fmt 4700
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*
*
II. Summary of SIP Revision and EPA
Analysis
Pennsylvania’s October 11, 2017 SIP
submittal includes a summary of
statewide annual emissions of PM2.5,
coarse particulate matter (PM10), and
precursors of PM2.5 including oxides of
nitrogen (NOX), sulfur dioxide (SO2),
ammonia, and volatile organic
compounds (VOCs). Pennsylvania also
included statewide SO2 and NOX
emissions specifically from the electric
generating units (EGU) sector as EGUs
are the largest contributor to the point
source emissions. The emissions
summary shows that, for the years 2011
through 2015, emissions of all
pollutants presented have been steadily
decreasing or remained nearly steady for
sources that potentially contribute to
nonattainment in, or interfere with
maintenance of the 2012 PM2.5 NAAQS
in any other state. The submittal also
included currently available air quality
monitoring data for PM2.5.
Pennsylvania also discussed EPA’s
March 17, 2016 memorandum (2016
PM2.5 Memorandum) and the fact that
EPA’s analysis showed that only one
monitor in the eastern United States had
projected PM2.5 data above the 12.0
micrograms per cubic meter (mg/m3)
NAAQS value (Allegheny County, PA).1
Pennsylvania also generally discussed
prevailing wind directions and several
1 ‘‘Information on the Interstate Transport ‘‘Good
Neighbor’’ Provision for the 2012 Fine Particulate
Matter National Ambient Air Quality Standards
under Clean Air Act section 110(a)(2)(D)(i)(I),’’
memorandum from Stephan D. Page, Director, EPA
Office of Air Quality Planning and Standards.
E:\FR\FM\10OCR1.SGM
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Agencies
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Rules and Regulations]
[Pages 50849-50851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21875]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2017-0060; FRL-9985-12-Region 5]
Air Plan Approval; Minnesota; Infrastructure SIP Requirements for
the 2012 PM2.5 NAAQS; Multistate Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of the State Implementation Plan (SIP) submission from
Minnesota regarding the infrastructure requirements of section 110 of
the Clean Air Act (CAA) for the 2012 annual fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS or
standard). The infrastructure requirements are designed to ensure that
the structural components of each state's air quality management
program are adequate to meet the state's responsibilities under the
CAA. This action pertains specifically to infrastructure requirements
concerning interstate transport provisions.
DATES: This final rule is effective on November 9, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2017-0060. 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.
[[Page 50850]]
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 Anthony Maietta, Environmental Protection Specialist, at
(312) 353-8777 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
[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 being addressed by this document?
II. What comments did we receive on the proposed action?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed by this document?
On January 23, 2017, the Minnesota Pollution Control Agency (MPCA)
submitted a request for EPA to approve its infrastructure SIP for the
2012 annual PM2.5 NAAQS. On August 13, 2018, EPA proposed to
approve the portion of the submission dealing with requirements one and
two (otherwise known as ``prongs'' one and two) of the provision for
interstate pollution transport under Clean Air Act Section
110(a)(2)(D)(i), also known as the ``good neighbor'' provision.\1\
---------------------------------------------------------------------------
\1\ There are four prongs to the Section 110(a)(2)(D)(i) ``good
neighbor'' provision, which are: Prohibit any source or other type
of emissions activity in one state from contributing significantly
to nonattainment of the NAAQS in another state (prong one); prohibit
any source or other type of emissions activity in one state from
interfering with maintenance of the NAAQS in another state (prong
two); prohibit any source or other type of emissions activity in one
state from interfering with measures required to prevent significant
deterioration (PSD) of air quality in another state (prong three);
and protect visibility in another state (prong four).
---------------------------------------------------------------------------
The January 23, 2017 MPCA submittal included a demonstration that
Minnesota's SIP contains sufficient major programs related to the
interstate transport of pollution. Minnesota's submittal also included
a technical analysis of its interstate transport of pollution relative
to the 2012 PM2.5 NAAQS that demonstrates that current
controls are adequate for Minnesota to show that it meets prongs one
and two of the ``good neighbor'' provision. After review, EPA proposed
to approve Minnesota's request relating to prongs one and two of the
``good neighbor'' provision.
II. What comments did we receive on the proposed action?
Our August 13, 2018 proposed rule provided a 30-day review and
comment period. The comment period closed on September 12, 2018. EPA
did not receive any comments on the proposed action.
III. What action is EPA taking?
EPA is approving the portion of Minnesota's January 23, 2017
submission certifying that the current Minnesota SIP is sufficient to
meet the required infrastructure requirements under CAA section
110(a)(2)(D)(i)(I), specifically prongs one and two, as set forth
above.
IV. 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 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 10, 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
[[Page 50851]]
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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: September 25, 2018.
James Payne,
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
2012 fine particulate matter (PM2.5) NAAQS'' to read 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 date Comments
provision or nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Statewide............. 6/12/2014, 5/26/ 10/10/2018, Fully approved
Infrastructure Requirements 2016 and 1/23/ [Insert Federal for all CAA
for the 2012 fine particulate 2017. Register elements except
matter (PM2.5) NAAQS. citation]. the visibility
protection
requirements of
(D)(i)(II).
* * * * * * *
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* * * * *
[FR Doc. 2018-21875 Filed 10-9-18; 8:45 am]
BILLING CODE 6560-50-P