[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Proposed Rules]
[Pages 31741-31742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14317]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0603; FRL-9964-62-Region 5]


Air Plan Approval; Minnesota; Prevention of Significant 
Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Minnesota State Implementation Plan (SIP) 
submitted on October 4, 2016. EPA is proposing to approve the state's 
Prevention of Significant Deterioration (PSD) rules which incorporate 
the Federal PSD rules by reference.

DATES: Comments must be received on or before August 9, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0603 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Rachel Rineheart, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7017, [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. Review of State Submittal
II. Effects of Moving From Delegation to SIP Approved Program
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Review of State Submittal

    Section 110(a)(2)(C) of the Clean Air Act (CAA) requires that each 
SIP include a program to provide for the regulation of construction and 
modification of stationary sources, including a permit program as 
required by part C of subsection I of the CAA--Prevention of 
Significant Deterioration of Air Quality. Specific plan requirements 
for an approvable PSD SIP are provided in sections 160-169 of the CAA 
and the implementing regulations at 40 CFR 51.166. The Federal PSD 
program is codified at 40 CFR 52.21. Minnesota does not have an 
approved PSD SIP at this time and has issued PSD permits pursuant to a 
delegation of the Federal PSD rules at 40 CFR 52.21.
    On October 4, 2016, MPCA submitted a request to revise the 
Minnesota SIP to include Minn. R. 7007.3000, which incorporates 40 CFR 
52.21 by reference. MPCA provided further clarification with respect to 
program implementation in a letter dated June 1, 2017. MPCA will not 
implement 40 CFR 52.21(g), (s), (t) and (u). The provisions at 40 CFR 
52.21(g), (s), (t) and (u) have no corresponding requirements in 40 CFR 
51.166. 40 CFR 52.21(g) contains procedures by which states may request 
EPA redesignate areas to different air quality classifications. The 
authority to redesignate air quality classifications is an authority of 
the EPA Administrator. The June 1, 2017, letter clarifies that MPCA 
does not intend to implement this paragraph and that the authority to 
implement the paragraph remains with the EPA Administrator. 40 CFR 
52.21(s) requires a Federal action associated with a PSD project to be 
coordinated with an associated Federal environmental impact statement. 
Once a PSD program has been approved into the SIP, PSD permits will be 
issued under state authority and will no longer be considered Federal 
actions. 40 CFR 52.21(t) describes the process to resolve disputes over 
a redesignation or a permit. This is an authority of the EPA 
Administrator. The June 1, 2017, letter clarifies that MPCA does not 
intend to implement this paragraph and that the authority to implement 
the paragraph remains with the EPA Administrator. 40 CFR 52.21(u) 
authorizes the Administrator to delegate the PSD program. The June 1, 
2017, letter clarifies that MPCA does not intend to implement this 
paragraph and that the authority to implement the paragraph remains 
with the EPA Administrator. Finally, as described in the June 1, 2017, 
clarification letter, the requirements in Minn. R. 7007.0700(B) for the 
completeness review and Minn. R. 7007.0850, subp. 2 for public notice 
requirements, which have already been approved into the SIP, will 
supersede

[[Page 31742]]

the public participation requirements of 40 CFR 21.21(q).
    Minn. R. 7007.3000 incorporates 40 CFR 52.21, as amended, by 
reference, and became effective on November 26, 2007, but was not 
submitted to EPA for review and approval into the SIP at that time. 
MPCA published its intent to submit Minn. R. 7007.3000 to EPA for 
incorporation into the Minnesota SIP as the PSD program in the 
Minnesota State Register on June 20, 2016. A 30-day comment period and 
opportunity for a public hearing was provided. The public participation 
requirements at Minn. R. 7007.0700(B) and 7007.0850, subp. 2, were 
approved into the Minnesota SIP on May 24, 1995. (See 60 FR 27411.)
    Section 110(k)(3) of the CAA states that the Administrator ``shall 
approve'' a submittal from a State if it ``meets all applicable 
requirements'' of the CAA. EPA has reviewed Minn. R. 7007.3000, Minn. 
R. 7007.0700(b) and Minn. R. 7007.0850, subp. 2, and has determined 
that these rules meet the requirements of sections 160-169 of the CAA 
and the requirements of 40 CFR 51.166.

II. Effects of Moving From Delegation to SIP Approved Program

    Upon approval of Minnesota's PSD SIP, EPA will continue to oversee 
implementation of this program by reviewing and commenting upon draft 
permits. EPA will continue to comment on any failure to follow the law, 
as well as EPA's statutory and regulatory interpretations and 
applicable guidance. If a final PSD permit still does not reflect 
consideration of the relevant factors, EPA will deem the permit to be 
not in conformance with the PSD requirements of the CAA and state's 
SIP, and will consider appropriate enforcement action under sections 
113 and 167 of the CAA to address the permit deficiency. However, there 
are certain provisions that will no longer apply. These include 
opportunity to appeal a decision to issue a PSD permit to EPA's 
Environmental Appeals Board (EAB), consultation under section 7 of the 
Endangered Species Act (ESA), and consultation under section 106 of the 
National Historic Preservation Act (NHPA).
    Permits issued pursuant to a delegation are Federal actions. As 
Federal actions, EPA is required to consult with the appropriate 
agencies under section 7 of the ESA and section 106 of the NHPA on any 
action that may affect a threatened or endangered species or historic 
property respectively. If EPA approves the Minnesota PSD program into 
the SIP, PSD permits will no longer be Federal actions; therefore, 
consultation under ESA and NHPA will not occur. Sections 9 and 10 of 
the ESA would still apply, and any project that could result in the 
taking of a listed species would require a permit under section 10 of 
the ESA. It would be the source's obligation to obtain the necessary 
permit from the appropriate agency, which in the case of species listed 
in Minnesota, would be the United States Fish and Wildlife Service.

III. What action is EPA taking?

    EPA is proposing to approve the request made by MPCA on October 4, 
2016, to revise the Minnesota air rules in the Minnesota SIP. EPA is 
proposing to approve Minn. R. 7007.3000 as meeting the requirements of 
section 110 and sections 160-169 of the CAA, and the programmatic 
requirements of 40 CFR part 51.166 for an approvable PSD program. The 
approval will not apply to sources located within Indian country as 
defined at 18 U.S.C. 1151.

IV. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Minn. R. 7007.3000 Prevention of Significant Deterioration of 
Air Quality, effective November 26, 2007. EPA has made, and will 
continue to make, these documents generally available through 
www.regulations.gov, and/or at the EPA Region 5 Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

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);
     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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

    Dated: June 26, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-14317 Filed 7-7-17; 8:45 am]
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