[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Rules and Regulations]
[Pages 44734-44736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20443]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0603; FRL-9968-22-Region 5]


Air Plan Approval; Minnesota; Prevention of Significant 
Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

DATES: This final rule is effective on October 26, 2017.

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 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 Rachel Rineheart, Environmental Engineer, at (312) 
886-7017 before visiting the Region 5 office.

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. Background
II. Comments Received and Response to Comments
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    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. On October 4, 2016, the 
Minnesota Pollution Control Agency (MPCA) submitted a request to revise 
the Minnesota SIP to include Minn. R. 7007.3000, which incorporates the 
Federal PSD rules at 40 CFR 52.21 by reference as the State's SIP 
approved PSD program. Further, by letter dated June 1, 2017, MPCA 
clarified that it will not implement the provisions at 40 CFR 52.21(g), 
(s), (t), and (u) because those provisions reference authorities that 
are retained by the EPA Administrator.
    EPA proposed to approve Minnesota's PSD SIP on July 10, 2017. (82 
FR 31741, July 10, 2017). EPA received comments on the proposed action 
from Guardian Energy, LLC, and Granite Falls Energy, LLC. Section II of 
this document provides a discussion of the comments received and EPA's 
response.

II. Comments Received and Response to Comments

    EPA received comments from Guardian Energy, LLC, and Granite Falls 
Energy, LLC. The letters from the two commenters are identical. The 
first comment from both commenters expressed support for the proposed 
action. The second comment from the two commenters is a request for EPA 
to clarify how changes in the Federal PSD regulations will be addressed 
in the Minnesota SIP approved regulations. Minn. R. 7007.3000 
incorporates 40 CFR 52.21 by reference, as amended. Both MPCA and EPA 
interpret this to mean that any changes to 40 CFR 52.21 will be 
automatically incorporated into Minn. R. 7007.3000, and will have the 
same effective date as the Federal rulemaking.

III. What action is EPA taking?

    EPA is approving the request made by MPCA on October 4, 2016, to 
revise the Minnesota SIP to include Minn. R. 7007.3000 as the State's 
SIP approved PSD program.

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

[[Page 44735]]

by reference of the Minnesota Regulations described in the amendments 
to 40 CFR part 52 set forth below. EPA has made, and will continue to 
make, these documents generally available through www.regulations.gov, 
and/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). Therefore, these materials have been approved by EPA 
for inclusion in the State implementation plan, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference by the Director of the Federal Register in the next update to 
the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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 Clean Air Act; 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 November 27, 2017. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 12, 2017.
Cheryl L. Newton,
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 (c) is amended by adding 
the entry ``7007.3000'' in numerical order above the table heading 
``Offsets'' to read as follows:


Sec.  52.1220   Identification of plan.

* * * * *
    (c) * * *

                                                           EPA--Approved Minnesota Regulations
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                                                                       State
          Minnesota citation                  Title/subject       effective date        EPA approval date                        Comments
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                                                            CHAPTER 7007 AIR EMISSION PERMITS
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[[Page 44736]]

 
                                                                      * * * * * * *
7007.3000.............................  Prevention of                 11/26/2007  9/26/2017 [insert Federal      .......................................
                                         Significant                               Register citation].
                                         Deterioration of Air
                                         Quality.
 
                                                                      * * * * * * *
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* * * * *

0
3. Section 52.1234 is revised to read as follows:


Sec.  52.1234   Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are met, except for sources seeking permits to locate in Indian 
country within the State of Minnesota.
    (b) Regulations for the prevention of the significant deterioration 
of air quality. The provisions of Sec.  52.21 except paragraph (a)(1) 
are hereby incorporated and made a part of the applicable State plan 
for the State of Minnesota for sources wishing to locate in Indian 
country; and sources constructed under permits issued by EPA.

[FR Doc. 2017-20443 Filed 9-25-17; 8:45 am]
 BILLING CODE 6560-50-P