[Federal Register Volume 90, Number 134 (Wednesday, July 16, 2025)]
[Proposed Rules]
[Pages 31918-31923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13327]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2021-0684; FRL-12805-01-R5]
Air Plan Approval; Minnesota; Exempt Source SIP Revision
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)
which updates Minnesota's air program rules. The Minnesota Pollution
Control Agency (MPCA) submitted the request to EPA on October 1, 2021.
The revision to Minnesota's air quality rules will reflect changes that
have occurred to the State air quality rules since July 2020. EPA is
proposing to approve MPCA's submittal, which will result in consistent
requirements of rules at both the State and Federal level.
DATES: Comments must be received on or before August 15, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2021-0684 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 the docket. EPA may publish
any comment received to its public docket. Do not submit to EPA's
docket at https://www.regulations.gov any information you consider to
be Confidential Business Information (CBI), Proprietary Business
Information (PBI), 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,
PBI, or multimedia submissions, and general guidance on making
effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jennifer Darrow, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6315,
[email protected]. The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
II. Review of State Submittal
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
A. Overview of Revisions Made by Minnesota
On October 1, 2021, MPCA submitted a request for a revision of
Minnesota's SIP. The submittal includes amendments to permit rules,
clarifications of permit requirements for small sources of air
emissions, updates to rules governing small air pollution sources and
the addition of four categories of conditionally exempt sources.
Minnesota completed a State rulemaking to clarify exempt source and
insignificant activities rules in 2019. This proposed SIP revision is
intended to codify those amendments to State law in the Minnesota SIP.
MPCA previously submitted a similar SIP revision in 2018, and EPA
approved the revision on July 27, 2020 (85 FR 45094).
The following chapters of Minnesota's air program rules have
undergone revisions: Minnesota Rules Chapter 7005 Definitions and
Abbreviations; Chapter 7007 Permits and Offsets; Chapter 7008
Conditionally Exempt Stationary Sources and Conditionally Insignificant
Activities; Chapter 7011 Standards for Stationary Sources; and Chapter
7019 Emissions Inventory Requirements. All rule changes were made under
the MPCA's rulemaking authority and underwent appropriate public
participation procedures as required by State law. EPA proposes to
approve the revisions to the Minnesota SIP.
B. Summary of Relevant Statutes
Section 110 of the Clean Air Act (CAA), 42 U.S.C 7410, as amended,
requires State and local air pollution control agencies to develop and
submit for EPA approval, SIPs that provide for the attainment,
maintenance, and enforcement of the NAAQS in each air quality control
region (or portion thereof) within each State. Section 110(a) requires
an assurance that states' air quality management programs contain the
structural components in place to meet the state's responsibilities
under the CAA. It also requires that the program attain and maintain
the NAAQS.
Section 110(a)(2)(C) of the CAA requires that each SIP include a
program to provide for the regulation of construction and modification
of stationary sources as necessary to ensure that the NAAQS are
achieved. Specific elements for an approvable construction permitting
plan are found in the implementing regulations at 40 CFR 51 subpart I--
Review of New Sources and Modifications. Requirements relevant to minor
[[Page 31919]]
construction programs are 40 CFR 51.160-51.163. EPA regulations have
several specific criteria for State minor new source review (NSR)
programs. Generally, State programs must set forth legally enforceable
procedures that allow the State to determine if a planned construction
activity would result in a violation of the State's SIP or a national
standard and prevent any activity that would. In accordance with 40 CFR
51.162, the State plan must identify the responsible agency for making
permitting decisions. 40 CFR 51.160 requires the plan to identify the
types and sizes of facilities and installations that are subject to
review under the plan, provide that sources undertaking an activity
submit adequate information regarding the nature and amounts of
emissions to be emitted, as well as information on the location, design
construction, and operation of facilities to enable the State to make a
determination of whether the planned construction would result in a
violation of the SIP or a national standard. 40 CFR 51.161 provides
specific criteria for public availability of information and
opportunity for public comment. Finally, 40 CFR 51.164 requires the
plan to identify the administrative procedures that will be followed in
making permitting decisions.
Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
toward attainment of a NAAQS or any other applicable requirement of the
CAA.
The revisions to the Minnesota SIP are intended to recodify, refine
and update Minnesota's air quality rules in the Minnesota SIP, at 40
CFR 52.1220. This SIP revision addresses the requirements of section
110 of the CAA.
II. Review of State Submittal
A. Chapter 7005: Definitions and Abbreviations
Chapter 7005 contains numerous definitions and abbreviations
relevant to rules throughout the Minnesota SIP. In Chapter 7005, MPCA
amended and added definitions in Minn. R. 7005.0100, to define new
terms, clarify definitions, and re-number definitions. EPA finds these
revisions approvable because they provide clarity to terms used in
various rules throughout the SIP and do not change the requirements of
the rules themselves. EPA proposes to approve the revisions to Minn. R.
7005.0100 into the Minnesota SIP.
B. Chapter 7007: Permits and Offsets
Chapter 7007 contains rules concerning permits and offsets and has
undergone various changes. Because Chapter 7007 combines the State's
preconstruction and operating permit programs into a single permitting
program, MPCA uses the broad term ``Part 70 permit'' to reference
several types of permits, including some permits that authorize
construction. As used in this action, ``Part 70'' denotes
preconstruction permits, unless otherwise specified as ``federal part
70.'' This rulemaking is limited solely to approval of revisions to the
state's preconstruction permitting program and federally enforceable
State operating permit program. This is not a rulemaking under the
Federal rules at 40 CFR part 70.
Minn. R. 7007.0300 relates to sources that are not required to
obtain a permit under parts 7007.0100 to 7007.1850. Minn. R. 7007.0300
subpart 1, has been revised to remove item D, which provided that
stationary sources listed as insignificant activities, sources that are
conditionally insignificant activities, or sources that qualify as both
insignificant activities and conditionally insignificant activities,
are not required to obtain a permit, subject to certain conditions and
recordkeeping requirements. The substantive provisions of item D are
now a category of conditionally exempt stationary sources found in
Minn. R. 7008.2600, ``Insignificant Facility; Technical Standards,''
which is discussed further below. Therefore, these revisions simply
reorganize the provisions and do not change the substance of the rules.
EPA proposes to approve the revisions to Minn. R. 7007.0300 into the
Minnesota SIP.
Minn. R. 7007.0400 subpart 2 has been revised to change the
timeframe for the owner or operator to submit an application for
renewal of a Federal part 70 permit. The revision clarifies that a
permit will not require a renewal application sooner than 18 months
prior to permit expiration. EPA finds these revisions approvable as
they align State and Federal permitting rules. EPA proposes to approve
the revisions to Minn. R. 7007.0400 into the Minnesota SIP.
Minn. R. 7007.0850 subpart 2 has been revised with changes to the
public notice and comment requirements and procedures. The revisions
remove the requirements to give public notice in a newspaper of general
circulation in the area nearby the source or in the Minnesota State
Register and require electronic posting of the public notice for the
duration of the comment period on the MPCA's public notice website.
Revisions have been made to the minimum requirements of what must
be included in the electronic notice to now include the draft permit
and a statement of whether the facility has filed a pollution
prevention progress report with the State commissioner. Revisions have
also been made to paragraph numbering and to include electronic contact
information for interested parties to request additional information.
Minn. R. 7007.0850 subpart 3 revises the process to petition for
meetings and hearings by removing the option of placing the permit onto
the agenda of a MPCA board meeting. EPA finds these revisions
approvable as they add requirements to align the rules with Federal
permitting requirements and do not relax any previously approved SIP
provisions. EPA proposes to approve the revisions to Minn. R. 7007.0850
into the Minnesota SIP.
Minn. R. 7007.1144 subpart 5 has been revised to clarify procedures
for public participation for capped permits (``capped'' permits are
rule-based permits designed for noncomplex facilities that do not
require site-specific permit conditions), and removes the option of
petitioning for meetings and hearings by placing the permit onto the
agenda of a MPCA board meeting. EPA finds these revisions approvable as
they do not conflict with any Federal requirement. EPA proposes to
approve the revisions to Minn. R. 7007.1144 into the Minnesota SIP.
Minor language changes were made to Minn. R. 7007.1145, 7007.1147,
and 7007.1250. EPA finds these revisions approvable as they do not
change the substance of the rules. EPA proposes to approve the
revisions to Minn. R. 7007.1145, 7007.1147 and 7007.1250 into the
Minnesota SIP.
Revisions have been made to the list of insignificant activities in
Minn. R. 7007.1300. The changes clarify whether certain activities, and
the calculation of emissions from those activities, must be included in
an air emissions permit application. Language clarifications related to
heat input capacity are added, and certain processing, cleaning and
other miscellaneous activities and operations are added to the list of
insignificant activities. These revisions also add language to clarify
that the thresholds for hazardous air pollutants listed in 7007.1300,
subpart 5 are to be utilized in determining whether an emissions unit
qualifies as an insignificant activity under 7007.1300, subpart 4. The
intent of the insignificant activities list is to streamline the permit
application process by specifying those
[[Page 31920]]
activities whose emissions are trivial or short-term by their very
nature, or activities that fall below a certain size/production rate,
and therefore require minimal regulatory oversight. As part of these
rule revisions, the MPCA evaluated each of the activities added or
moved and their associated emissions. Activities that were added or
moved were based on MPCA's estimates of emissions or examples provided
by EPA of activities states could add to their insignificant activities
list. While the activities listed may have emissions, the rule changes
themselves are not expected to change/increase emissions as they do not
authorize stationary sources to bypass any other regulations or
permitting requirements. Stationary sources that add new insignificant
activities are still required to determine whether the change or
modification requires a permit amendment or notice to MPCA. EPA finds
these revisions approvable as they provide clarity and do not change
the stringency of the rule. EPA proposes to approve the revisions to
Minn. R. 7007.1300 into the Minnesota SIP.
C. Chapter 7008: Conditionally Exempt Stationary Sources and
Conditionally Insignificant Activities
Chapter 7008 provides the conditions under which stationary sources
are exempt from the requirement to apply for and obtain an air emission
permit as provided for under Minn. R. 7007.0300. In the Chapter 7008
rule revisions, MPCA expands the conditionally exempt source categories
to include auto-body refinishing facilities, coating facilities,
woodworking facilities, and insignificant facilities. It establishes a
permit by rule approach for these source categories that does not relax
air quality standards. The revisions in Chapter 7008 specify applicable
emission limitation and control requirements, operational restrictions
and monitoring, recordkeeping, and other requirements in a similar
manner to a traditional permit. The revisions outline the conditions
under which stationary sources are exempt from the requirement to apply
for and obtain an air emission permit as provided for under Minn R.
7007.0300. Chapter 7008 requires sources who claim their operations are
conditionally exempt or conditionally insignificant to maintain records
that demonstrate eligibility with the rule.
Minn. R. 7008.0100 has been revised to renumber several subparts
and adds definitions pertinent to this category of conditionally exempt
stationary sources and conditionally insignificant activities. EPA
finds these revisions approvable as they provide clarity and do not
change the stringency of the rule. EPA proposes to approve the
revisions to Minn. R. 7008.0100 into the Minnesota SIP.
Minn. R. 7008.0200 establishes general requirements for
conditionally exempt stationary sources and conditionally insignificant
activities. This part has been revised to add a new item F. Item F has
been added to clarify to owners and operators that if there is a change
at the facility that affects the amount or type of air pollutants the
facility emits, the owner or operator must determine whether a permit
is needed and follow the permitting requirements at Minn. R. 7007.0400,
subpart 4. EPA finds these revisions approvable as they strengthen
current requirements in the SIP. EPA proposes to approve the revisions
to Minn. R. 7008.0200 into the Minnesota SIP.
Minn. R. 7008.2100, subpart 1 identifies the eligibility
requirements for the owner or operator of a gasoline service station to
operate without a permit under chapter 7008. The requirements of this
subpart have been renumbered. New item A, in subpart 1, revises
existing rule language to clarify who is responsible for compliance
with the rule and corrects the reference to the general requirements in
Minn. R. 7008.2000, not Minn. R. 7008.0200. Subpart 1, item A has also
been revised to remove the term ``general operating'' as a qualifier in
front of requirements. The revisions also refer to the eligibility
requirements in Minn. R. 7008.2000 rather than the general requirements
of Minn. R. 7008.0200. New item B revises existing rule language to
identify the correct rule citation for insignificant activities and
conditionally insignificant activities. This revision provides
clarification to the owner or operator that emissions from the gasoline
service station must be from insignificant activities or conditionally
insignificant activities, or both, in order to operate without a
permit. Subpart 3, Notification, is revised to establish the
requirements for notification when an owner or operator begins
construction of a gasoline service station. The revisions also remove
obsolete rule language that referred to a transition period for the
original implementation of the rules. EPA finds these revisions
approvable as they correct, clarify and strengthen current requirements
in the SIP. EPA proposes to approve the revisions to Minn. R. 7008.2100
into the Minnesota SIP.
Minn. R. 7008.2200, subpart 1 identifies the eligibility
requirements for the owner or operator of a concrete manufacturing
stationary source to operate without a permit under chapter 7008.
Subpart 1 has been revised to correct the reference to the general
requirements in Minn. R. 7008.2000, not Minn. R. 7008.0200. Revisions
also include the addition of a new subpart 6 with recordkeeping
requirements for concrete manufacturing stationary sources. The
recordkeeping requirements in Minn. R. 7008.2250 are proposed for
repeal and are moved to a new subpart 6, items A through D. This change
consolidates all requirements for concrete manufacturing stationary
sources in one rule part. The revisions also modify language of
existing recordkeeping requirements but does not change the content of
the requirements. The revisions provide consistent language across the
different conditionally exempt source categories. EPA finds these
revisions approvable as they clarify and strengthen current
requirements in the SIP. EPA proposes to approve the revisions to Minn.
R. 7008.2200 into the Minnesota SIP.
Minn. R. 7008.2250 is proposed for repeal. This part provided
recordkeeping requirements for concrete manufacturing plants. These
requirements are moved to new subpart 6 in part 7008.2200. This
consolidates and clarifies the rule so owners and operators can more
easily locate, understand and comply with the recordkeeping
requirements for concrete manufacturing plants. EPA finds these
revisions approvable as they clarify current requirements in the SIP.
EPA proposes to approve the revisions that repeal Minn. R. 7008.2250
from the Minnesota SIP.
Minnesota has created four new categories of conditionally exempt
sources: Minn. R. 7008.2300 (auto-body refinishing); Minn. R. 7008.2400
(coating facilities); Minn. R. 7008.2500 (woodworking facilities); and
Minn. R. 7008.2600 (insignificant facilities). For each of the new
source categories, the rule amendments establish technical standards,
operational and recordkeeping requirements that control and monitor air
emissions in a similar manner to conditions that would be found in a
site-specific, low-emitting facility permit.
Minn. R. 7008.2300 establishes technical standards for an owner or
operator of an auto-body refinishing facility, by which the source may
be exempt from an air emissions permit. Subpart 1 establishes the
eligibility requirements for an auto-body refinishing facility to
operate without a permit under chapter 7008, including limitations on
activities and types of equipment allowed, to ensure there are no other
significant sources of emissions
[[Page 31921]]
at the source that would otherwise require an air emissions permit.
Revisions also establish the maximum amount of coating and cleaning
materials that an auto-body refinishing facility can purchase or use
each calendar year to be eligible to operate without a permit under
this subpart. The limit is set at 2,000 gallons each calendar year.
Subparts 2, 3 and 4 establish operational, recordkeeping and
notification requirements.
Minn. R. 7008.2400 establishes technical standards for an owner or
operator of a coating facility, that is not an auto-body refinishing
facility, by which the source may be exempt from an air emissions
permit. Subpart 1 establishes the eligibility requirements for a
coating facility to operate without a permit under chapter 7008,
including limitations on activities and types of equipment allowed, to
ensure there are no other significant sources of emissions at the
source that would otherwise require an air emissions permit. Revisions
also establish a limit of 2,000 gallons per calendar year of coating
and cleaning material usage to be eligible to operate without a permit
under this subpart. Subparts 2, 3 and 4 establish operational,
recordkeeping and notification requirements.
Minn. R 7008.2500 establishes technical standards for an owner or
operator of a woodworking facility, by which the source may be exempt
from an air emissions permit. Subpart 1 establishes the eligibility
requirements for a woodworking facility to operate without a permit
under chapter 7008, including limitations on activities and types of
equipment allowed, to ensure there are no other significant sources of
emissions at the source that would otherwise require an air emissions
permit. Subparts 2, 3 and 4 establish operational, control and
notification requirements. Subpart 3 establishes five control options
that restrict emissions to below the State permitting thresholds for PM
and PM10.
Minn R. 7008.2600 establishes a new exempt category for stationary
sources that have only insignificant and conditionally insignificant
activities. To ensure that the presence of insignificant activities
does not exceed a permitting threshold, the rule revision expands and
clarifies the conditions that must be met by a stationary source with
only insignificant and conditionally insignificant activities by adding
conditions that make the technical requirements federally enforceable.
Subpart 1 establishes eligibility requirements for an insignificant
facility to operate without a permit under chapter 7008 by specifying
the insignificant activities and conditionally insignificant activities
that qualify and limits the number of emission units such that
potential emissions do not exceed the listed permitting thresholds.
Subparts 2 and 3 establish operational and recordkeeping requirements
to qualify under this category. Subparagraph 4 requires the owner or
operator of an insignificant facility to calculate emissions to
determine eligibility.
The minor NSR provisions at 40 CFR 51.160 require State programs to
determine whether activities would violate an applicable SIP or
national standard and to prevent construction of an activity that would
violate an applicable SIP provision or national standard. The new
provisions exempt certain eligible stationary sources from air
permitting requirements. When determining adequacy of State rules, EPA
is concerned with the possibility that an exemption might allow an
activity that should be subject to major source permitting requirements
to escape appropriate review and permitting, that sources are required
to maintain information adequate for the State to ensure that
exemptions have been applied appropriately, and that the exemptions
would not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the CAA.
Minnesota Chapter 7008 provides limitations on the use of the
specific exemptions in Minn. R. 7008.0050-7008.4110 and requires
sources using the exemptions to maintain certain records to demonstrate
that the exemptions have been applied appropriately. Specific
conditionally exempt sources may be required to implement additional
monitoring and recordkeeping as required to ensure that the equipment
is operating as required under the exemption. Section 110(l) of the CAA
states that a SIP revision cannot be approved if the revision would
interfere with any applicable requirement concerning attainment and
reasonable further progress toward attainment of a NAAQS or any other
applicable requirement of the CAA. These conditionally exempt sources
are expected to yield very low levels of actual emissions of regulated
pollutants and are not expected to interfere with attainment and
maintenance of the NAAQS. The rules also do not interfere with any
other applicable requirement of the CAA, including the applicability of
other SIP requirements, and those found in the New Source Performance
Standards and the National Emission Standards for Hazardous Air
Pollutants (NESHAPs). Therefore, EPA proposes to approve the revisions
to Minn. R. 7008.2300, 7008.2400, 7008.2500, and 7008.2600.
The revisions to Minn R. 7008.4000 expand and clarify the
conditions that must be met by insignificant and conditionally
insignificant activities and are intended to improve the enforceability
of restrictions on potential to emit for conditionally insignificant
activities. This part is further revised to require that calculations
from the activities described in parts 7008.4100 and 7008.4110 must be
provided in a permit application for a part 70 permit or an amendment
to a part 70 permit. EPA finds these revisions approvable as they
strengthen current requirements in the SIP. EPA proposes to approve the
revisions to Minn. R. 7008.4000.
The title of Minn. R. 7008.4100 is revised to ``Conditionally
Insignificant Activity: Material Usage'' in order to provide
clarification that the activities described are a conditionally
insignificant activity. Revisions have been made in this part to the
material usage emissions limits of volatile organic compounds (VOC)
that qualify as an insignificant activity under this rule. Thresholds
of eligibility for VOC emissions have been increased from less than
2,000 pounds to less than 10,000 pounds, and VOC-containing material
usage limits have increased from less than 200 gallons to less than
1,000 gallons per calendar year. The limits have been increased to
provide flexibility to owners and operators of stationary sources that
have material usage that qualifies as a conditionally insignificant
activity. It is estimated that this rule change would potentially
result in maximum emissions of a single volatile HAP by no more than 5
tons per calendar year per source, which corresponds to 50% of the
major source HAP threshold defined by the CAA section 112.
The rule also removes accounting of PM10 and
PM2.5 separately from particulate matter when calculating
emissions for annual calculations. The calculation for particulate
matter emissions in this part of the rule is based on the solids
content (in lbs/gal or weight%) of the material used. Because the data
used for this calculation is not specific to each pollutant (PM,
PM10, and PM2.5), deleting the reference to
PM10 and PM2.5 simplifies the emission limit and
provides consistency across the requirements in Minn. R. 7008.4100 that
govern conditionally insignificant material usage.
[[Page 31922]]
Subparts 4 and 5 of this rule revise calculation requirements for
VOC and particulate matter and add the ability to include control and
transfer efficiencies in calculating particulate matter emissions under
certain circumstances as allowed under Minn. R. 7011.
The revisions of Minn. R. 7008.4100 are consistent with CAA section
110(l). These revisions are expected to yield very low levels of actual
emissions of regulated pollutants and are not expected to interfere
with attainment and maintenance of the NAAQS. The revisions also do not
interfere with any other applicable requirement of the CAA, including
the applicability of other SIP requirements, and those found in the New
Source Performance Standards and the National Emission Standards for
Hazardous Air Pollutants (NESHAPs). As such, EPA proposes to approve
the revisions to Minn. R. 7008.4100.
The title of Minn. R. 7008.4110 has been revised to ``Conditionally
Insignificant Activity; Finishing Operations.'' The revision provides
clarification that the activities described are a conditionally
insignificant activity. The revision also establishes requirements
specific to stationary sources that claim mechanical finishing
operations emitting PM as a conditionally insignificant activity. The
revisions further clarify that any activity emitting any other
pollutant in addition to PM does not qualify under this part, including
lead emissions.
Revisions are also made to identify the qualifications for
mechanical finishing operations to be considered a conditionally
insignificant activity. Revisions to subpart 2 add ``mechanical
finishing operations'' and remove the example finishing activities
(e.g., buffing, polishing, carving, etc.) previously listed in the SIP.
Subpart 2 is also revised to remove the requirement that emissions must
be vented inside a building 100% of the time and filtered through an
air cleaning system, adds control requirements for particulate
emissions and limits particulate matter emissions from mechanical
finishing operations to less than 10,000 pounds per calendar year.
Clarifying language is added to specify that the limit applies to
all finishing operation activities at the stationary source. This
revision disallows multiple activities that might qualify independently
as conditionally insignificant finishing operations to exceed the
emission limit when aggregated. Subparts 3 and 4 of the rule clarify
language and add monitoring, recordkeeping and calculation requirements
for sources subject to this subpart. EPA finds these revisions
approvable as they strengthen current requirements in the SIP. EPA
proposes to approve the revisions to Minn. R. 7008.4110.
C. Chapter 7011: Standards for Stationary Sources
Minn. R. 7011.0561 makes minor revisions to language, changing the
title from ``Control of mercury from electric generating units'' to
``Controlling mercury from electric generating units'' and removes a
reference to Minnesota Statutes, section 216B.687, subdivision 3. EPA
finds these revisions approvable as they are minor language changes
that do not affect the requirements of the rule. EPA proposes to
approve Minn. R. 7011.0561.
Minn. R. 7011.1201 revises a statutory reference for the definition
of refuse-derived fuel. EPA finds these revisions approvable as they do
not change the applicability of the rule. EPA proposes to approve Minn.
R. 7011.1201.
Minn. R. 7011.2300 makes minor language revisions and allows for an
alternative sulfur dioxide limit in a permit or other enforceable
document that models compliance with Minn. R. 7009.0090, the National
Ambient Air Quality Standards as they are incorporated by reference
into Minnesota's rules. EPA finds these revisions approvable as they
are minor language changes that do not affect the requirements of the
rule and strengthen current requirements in the SIP. EPA proposes to
approve Minn. R. 7011.2300.
A. Chapter 7019: Emissions Inventory Requirements
Minn. R. 7019.3020 has been revised to change the words ``shall''
to ``must'' and renumbers a reference to subpart ``J'' to ``G''. EPA
finds these revisions approvable as they are minor language changes
that do not affect the requirements of the rule. EPA proposes to
approve Minn. R. 7019.3020 into the Minnesota SIP.
As part of this submittal, Minnesota is also requesting that rule
7023 be removed from the SIP. This rule is obsolete given the November
2019 expiration of the carbon monoxide maintenance area.
III. What action is EPA taking?
EPA is proposing to approve MPCA's October 1, 2021, submittal, as a
revision to its existing SIP.
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 revisions to Minnesota Rules Chapter 7005 Definitions and
Abbreviations; Chapter 7007 Permits and Offsets; Chapter 7008
Conditionally Exempt Stationary Sources and Conditionally Insignificant
Activities; Chapter 7011 Standards for Stationary Sources; and Chapter
7019 Emissions Inventory Requirements, as discussed in sections I. and
II. of this preamble. 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).
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 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 Order 12866 (58
FR 51735, October 4, 1993);
Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review 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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
[[Page 31923]]
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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;
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 rulemaking 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, Intergovernmental relations, Lead, Nitrogen
oxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 30, 2025.
Anne Vogel,
Regional Administrator, Region 5.
[FR Doc. 2025-13327 Filed 7-15-25; 8:45 am]
BILLING CODE 6560-50-P