[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Rules and Regulations]
[Pages 50807-50811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23461]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0327; FRL-9970-14-Region 5]


Air Plan Approval; Minnesota; State Board Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan (SIP) submission from Minnesota addressing the 
state board requirements of the Clean Air Act (CAA). EPA is also 
approving elements of Minnesota's submission addressing the 
infrastructure requirements relating to state boards 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 proposed rulemaking 
associated with this final action was published on July 17, 2017, and 
EPA received no comments during the comment period, which ended on 
August 16, 2017.

DATES: This final rule is effective on December 4, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0327. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from

[[Page 50808]]

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. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is the background of this SIP submission?

    This rulemaking addresses a SIP submission from the Minnesota 
Pollution Control Agency (MPCA) dated May 26, 2016, which addresses CAA 
requirements relating to the state board requirements under section 
128, as well as infrastructure requirements of section 110 relating to 
state boards 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 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. 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 CAA 110(a)(2)(E)(ii) 
element of these infrastructure SIP requirements.

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 \1\ National Ambient Air Quality Standards'' (2007 
Guidance). 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).
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    \1\ PM2.5 refers to particles with an aerodynamic 
diameter of less than or equal to 2.5 micrometers, oftentimes 
referred to as ``fine'' particles.
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III. What is the result of EPA's review of this SIP submission?

    Pursuant to section 110(a), states must provide reasonable notice 
and opportunity for public hearing for all infrastructure SIP 
submissions. MPCA provided public notice for the SIP revision on April 
4, 2016, commenced a public comment period on April 5, 2016, and closed 
the public comment period on May 5, 2016. No comments were received nor 
were there any requests for a public hearing.
    Minnesota provided a detailed synopsis of how various components of 
its SIP meet each of the applicable requirements in sections 128 and 
110(a)(2)(E)(ii) 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 July 17, 2017 (82 FR 32669), EPA published a proposed rule that 
would approve these submissions into Minnesota's SIP. This proposed 
rule contained a detailed evaluation of how Minnesota's submission 
satisfies certain requirements under CAA sections 110 and 128. No 
comments were received. Therefore, EPA is finalizing this rule as 
proposed.

IV. What action is EPA taking?

    EPA is taking final action to incorporate Minn. Stat. 10A.07, Minn. 
Stat. 10A.09, and Minn. R. 7000.0300 into Minnesota's SIP. EPA is 
further approving this submission as meeting CAA obligations under 
section 128, as well as 110(a)(2)(E)(ii) for the 1997 ozone, 1997 
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5 NAAQS.

V. 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 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 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.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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VI. 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

[[Page 50809]]

in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 2, 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: October 17, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
2. In Sec.  52.1220:
0
a. In the table in paragraph (c):
0
i. Add the heading entitled ``CHAPTER 7000 PROCEDURAL RULES'' at the 
beginning of the table and the entry ``7000.0300''.
0
ii. Add the entries ``10A.07'' and ``10A.09'' in numerical order under 
the subheading entitled ``Minnesota Statutes''.
0
b. In the table in paragraph (e):
0
i. Revise the entry ``Section 110(a)(2) Infrastructure Requirements for 
the 1997 8-hour Ozone NAAQS''.
0
ii. Revise the entry ``Section 110(a)(2) Infrastructure Requirements 
for the 1997 PM2.5 NAAQS''.
0
iii. Revise the entry currently named ``Section 110(a)(2) 
Infrastructure Requirements for the 2006 24-Hour Ozone NAAQS'' to read 
``Section 110(a)(2) Infrastructure Requirements for the 2006 24-Hour 
PM2.5 NAAQS''.
0
iv. Revise the entry ``Section 110(a)(2) Infrastructure Requirements 
for the 2008 lead (Pb) NAAQS''.
0
v. Revise the entry ``Section 110(a)(2) Infrastructure Requirements for 
the 2008 ozone NAAQS''.
0
vi. Revise the entry ``Section 110(a)(2) Infrastructure Requirements 
for the 2010 nitrogen dioxide (NO2) NAAQS''.
0
vii. Revise the entry ``Section 110(a)(2) Infrastructure Requirements 
for the 2010 sulfur dioxide (SO2) NAAQS,''.
0
viii. Revise the entry ``Section 110(a)(2) Infrastructure Requirements 
for the 2012 fine particulate matter (PM2.5) NAAQS''.
    The additions and revisions read as follows:


Sec.  52.1220   Identification of plan.

* * * * *
    (c) * * *

                                       EPA-Approved Minnesota Regulations
----------------------------------------------------------------------------------------------------------------
                                                    State
      Minnesota citation         Title/subject    effective     EPA approval date              Comments
                                                     date
----------------------------------------------------------------------------------------------------------------
                                          CHAPTER 7000 PROCEDURAL RULES
----------------------------------------------------------------------------------------------------------------
7000.0300....................  Duty of candor..    4/19/2004  11/2/2017, [insert
                                                               Federal Register
                                                               citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                               Minnesota Statutes
----------------------------------------------------------------------------------------------------------------
10A.07.......................  Conflicts of        5/25/2013  11/2/2017, [insert
                                interest.                      Federal Register
                                                               citation].
10A.09.......................  Statements of       5/23/2015  11/2/2017, [insert
                                economic                       Federal Register
                                interest.                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

[[Page 50810]]



                                 EPA-Approved Minnesota Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP       geographic or     State submittal
           provision               nonattainment      date/effective   EPA approved date         Comments
                                        area               date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2)                Statewide........  11/29/2007 and 5/  11/2/2017,         CAA elements
 Infrastructure Requirements                         26/2016.           [insert Federal    110(a)(2)(A), (B),
 for the 1997 8-Hour Ozone                                              Register           (C) with respect to
 NAAQS.                                                                 citation].         enforcement, (D)(ii),
                                                                                           (E) through (H), (J)
                                                                                           except for prevention
                                                                                           of significant
                                                                                           deterioration (PSD),
                                                                                           and (K) through (M)
                                                                                           have been approved.
                                                                                           CAA elements
                                                                                           110(a)(2)(C) and (J)
                                                                                           with respect to PSD
                                                                                           have been
                                                                                           disapproved.
Section 110(a)(2)                Statewide........  11/29/2007 and 5/  11/2/2017,         CAA elements
 Infrastructure Requirements                         26/2016.           [insert Federal    110(a)(2)(A), (B),
 for the 1997 PM2.5 NAAQS.                                              Register           (C) with respect to
                                                                        citation].         enforcement, (D)(ii),
                                                                                           (E) through (H), (J)
                                                                                           except for prevention
                                                                                           of significant
                                                                                           deterioration (PSD),
                                                                                           and (K) through (M)
                                                                                           have been approved.
                                                                                           CAA elements
                                                                                           110(a)(2)(C) and (J)
                                                                                           with respect to PSD
                                                                                           have been
                                                                                           disapproved.
Section 110(a)(2)                Statewide........  5/23/2011, 6/27/   11/2/2017,         These actions address
 Infrastructure Requirements                         2012 and 5/26/     [insert Federal    the following CAA
 for the 2006 24-Hour PM2.5                          2016.              Register           elements:
 NAAQS.                                                                 citation].         110(a)(2)(A), (B),
                                                                                           (C), (D)(i)(II),
                                                                                           (D)(ii), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M). We have
                                                                                           not finalized action
                                                                                           on the visibility
                                                                                           protection
                                                                                           requirements of
                                                                                           (D)(i)(II). We will
                                                                                           address these
                                                                                           requirements in a
                                                                                           separate action.
                                                                                           Although EPA has
                                                                                           disapproved portions
                                                                                           of Minnesota's
                                                                                           submission addressing
                                                                                           the prevention of
                                                                                           significant
                                                                                           deterioration,
                                                                                           Minnesota continues
                                                                                           to implement the
                                                                                           Federally promulgated
                                                                                           rules for this
                                                                                           purpose as they
                                                                                           pertain to section
                                                                                           110(a)(2)(C),
                                                                                           (D)(i)(II), (D)(ii),
                                                                                           and (J).
Section 110(a)(2)                Statewide........  6/19/2012 and 5/   11/2/2017,         These actions address
 Infrastructure Requirements                         26/2016.           [insert Federal    the following CAA
 for the 2008 lead (Pb) NAAQS.                                          Register           elements:
                                                                        citation].         110(a)(2)(A), (B),
                                                                                           (C), (D), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M).
                                                                                           Although EPA has
                                                                                           disapproved portions
                                                                                           of Minnesota's
                                                                                           submission addressing
                                                                                           the prevention of
                                                                                           significant
                                                                                           deterioration,
                                                                                           Minnesota continues
                                                                                           to implement the
                                                                                           Federally promulgated
                                                                                           rules for this
                                                                                           purpose as they
                                                                                           pertain to section
                                                                                           110(a)(2)(C),
                                                                                           (D)(i)(II), (D)(ii),
                                                                                           and (J).
Section 110(a)(2)                Statewide........  6/12/2014 and 5/   11/2/2017,         These actions address
 Infrastructure Requirements                         26/2016.           [insert Federal    the following CAA
 for the 2008 ozone NAAQS.                                              Register           elements:
                                                                        citation].         110(a)(2)(A), (B),
                                                                                           (C), (D), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M). We are
                                                                                           not taking action on
                                                                                           (D)(i)(I) or the
                                                                                           visibility portion of
                                                                                           (D)(i)(II). We will
                                                                                           address these
                                                                                           requirements in a
                                                                                           separate action. EPA
                                                                                           has disapproved the
                                                                                           elements related to
                                                                                           the prevention of
                                                                                           significant
                                                                                           deterioration,
                                                                                           specifically as they
                                                                                           pertain to section
                                                                                           110(a)(2)(C),
                                                                                           (D)(i)(II), (D)(ii),
                                                                                           and (J); however,
                                                                                           Minnesota continues
                                                                                           to implement the
                                                                                           Federally promulgated
                                                                                           rules for this
                                                                                           purpose.
Section 110(a)(2)                Statewide........  6/12/2014 and 5/   11/2/2017,         These actions address
 Infrastructure Requirements                         26/2016.           [insert Federal    the following CAA
 for the 2010 nitrogen dioxide                                          Register           elements:
 (NO2) NAAQS.                                                           citation].         110(a)(2)(A), (B),
                                                                                           (C), (D), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M). We have
                                                                                           not taken action on
                                                                                           the visibility
                                                                                           portion of
                                                                                           (D)(i)(II). We will
                                                                                           address these
                                                                                           requirements in a
                                                                                           separate action. EPA
                                                                                           is disapproving the
                                                                                           elements related to
                                                                                           the prevention of
                                                                                           significant
                                                                                           deterioration,
                                                                                           specifically as they
                                                                                           pertain to section
                                                                                           110(a)(2)(C),
                                                                                           (D)(i)(II), (D)(ii),
                                                                                           and (J); however,
                                                                                           Minnesota continues
                                                                                           to implement the
                                                                                           Federally promulgated
                                                                                           rules for this
                                                                                           purpose.

[[Page 50811]]

 
Section 110(a)(2)                Statewide........  6/12/2014 and 5/   11/2/2017,         These actions address
 Infrastructure Requirements                         26/2016.           [insert Federal    the following CAA
 for the 2010 sulfur dioxide                                            Register           elements:
 (SO2) NAAQS.                                                           citation].         110(a)(2)(A), (B),
                                                                                           (C), (D), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M). We have
                                                                                           not taken action on
                                                                                           (D)(i)(I) or the
                                                                                           visibility portion of
                                                                                           (D)(i)(II). We will
                                                                                           address these
                                                                                           requirements in a
                                                                                           separate action. EPA
                                                                                           has disapproved the
                                                                                           elements related to
                                                                                           the prevention of
                                                                                           significant
                                                                                           deterioration,
                                                                                           specifically as they
                                                                                           pertain to section
                                                                                           110(a)(2)(C),
                                                                                           (D)(i)(II), (D)(ii),
                                                                                           and (J); however,
                                                                                           Minnesota continues
                                                                                           to implement the
                                                                                           Federally promulgated
                                                                                           rules for this
                                                                                           purpose.
Section 110(a)(2)                Statewide........  6/12/2014 and 5/   11/2/2017,         These actions address
 Infrastructure Requirements                         26/2016.           [insert Federal    the following CAA
 for the 2012 fine particulate                                          Register           elements:
 matter (PM2.5) NAAQS.                                                  citation].         110(a)(2)(A), (B),
                                                                                           (C), (D), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M). We are
                                                                                           not taking action on
                                                                                           (D)(i)(I) or the
                                                                                           visibility portion of
                                                                                           (D)(i)(II). We will
                                                                                           address these
                                                                                           requirements in a
                                                                                           separate action. EPA
                                                                                           has disapproved the
                                                                                           elements related to
                                                                                           the prevention of
                                                                                           significant
                                                                                           deterioration,
                                                                                           specifically as they
                                                                                           pertain to section
                                                                                           110(a)(2)(C),
                                                                                           (D)(i)(II), (D)(ii),
                                                                                           and (J); however,
                                                                                           Minnesota continues
                                                                                           to implement the
                                                                                           Federally promulgated
                                                                                           rules for this
                                                                                           purpose.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-23461 Filed 11-1-17; 8:45 am]
 BILLING CODE 6560-50-P