82_FR_31871 82 FR 31741 - Air Plan Approval; Minnesota; Prevention of Significant Deterioration

82 FR 31741 - Air Plan Approval; Minnesota; Prevention of Significant Deterioration

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 130 (July 10, 2017)

Page Range31741-31742
FR Document2017-14317

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.

Federal Register, Volume 82 Issue 130 (Monday, July 10, 2017)
[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Proposed Rules]
[Pages 31741-31742]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14317]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 6560-50-P



                                                                           Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Proposed Rules                                           31741

                                                   • do not have Federalism                               Implementation Plan (SIP) submitted on                regulation of construction and
                                                 implications as specified in Executive                   October 4, 2016. EPA is proposing to                  modification of stationary sources,
                                                 Order 13132 (64 FR 43255, August 10,                     approve the state’s Prevention of                     including a permit program as required
                                                 1999);                                                   Significant Deterioration (PSD) rules                 by part C of subsection I of the CAA—
                                                   • are not an economically significant                  which incorporate the Federal PSD rules               Prevention of Significant Deterioration
                                                 regulatory action based on health or                     by reference.                                         of Air Quality. Specific plan
                                                 safety risks subject to Executive Order                  DATES: Comments must be received on                   requirements for an approvable PSD SIP
                                                 13045 (62 FR 19885, April 23, 1997);                     or before August 9, 2017.                             are provided in sections 160–169 of the
                                                   • are not a significant regulatory                     ADDRESSES: Submit your comments,                      CAA and the implementing regulations
                                                 action subject to Executive Order 13211                  identified by Docket ID No. EPA–R05–                  at 40 CFR 51.166. The Federal PSD
                                                 (66 FR 28355, May 22, 2001);                             OAR–2016–0603 at http://                              program is codified at 40 CFR 52.21.
                                                   • are not subject to requirements of                   www.regulations.gov, or via email to                  Minnesota does not have an approved
                                                 Section 12(d) of the National                            damico.genevieve@epa.gov. For                         PSD SIP at this time and has issued PSD
                                                 Technology Transfer and Advancement                      comments submitted at Regulations.gov,                permits pursuant to a delegation of the
                                                 Act of 1995 (15 U.S.C. 272 note) because                 follow the online instructions for                    Federal PSD rules at 40 CFR 52.21.
                                                 application of those requirements would                  submitting comments. Once submitted,
                                                 be inconsistent with the CAA; and                                                                                 On October 4, 2016, MPCA submitted
                                                                                                          comments cannot be edited or removed                  a request to revise the Minnesota SIP to
                                                   • do not provide EPA with the                          from Regulations.gov. For either manner
                                                 discretionary authority to address, as                                                                         include Minn. R. 7007.3000, which
                                                                                                          of submission, EPA may publish any                    incorporates 40 CFR 52.21 by reference.
                                                 appropriate, disproportionate human                      comment received to its public docket.
                                                 health or environmental effects, using                                                                         MPCA provided further clarification
                                                                                                          Do not submit electronically any                      with respect to program implementation
                                                 practicable and legally permissible                      information you consider to be
                                                 methods, under Executive Order 12898                                                                           in a letter dated June 1, 2017. MPCA
                                                                                                          Confidential Business Information (CBI)
                                                 (59 FR 7629, February 16, 1994).                                                                               will not implement 40 CFR 52.21(g), (s),
                                                                                                          or other information whose disclosure is
                                                   The SIP is not approved to apply on                                                                          (t) and (u). The provisions at 40 CFR
                                                                                                          restricted by statute. Multimedia
                                                 any Indian reservation land or in any                                                                          52.21(g), (s), (t) and (u) have no
                                                                                                          submissions (audio, video, etc.) must be
                                                 other area where EPA or an Indian tribe                                                                        corresponding requirements in 40 CFR
                                                                                                          accompanied by a written comment.
                                                 has demonstrated that a tribe has                                                                              51.166. 40 CFR 52.21(g) contains
                                                                                                          The written comment is considered the
                                                 jurisdiction. In those areas of Indian                                                                         procedures by which states may request
                                                                                                          official comment and should include
                                                 country, the rule does not have tribal                                                                         EPA redesignate areas to different air
                                                                                                          discussion of all points you wish to
                                                 implications as specified by Executive                                                                         quality classifications. The authority to
                                                                                                          make. EPA will generally not consider
                                                 Order 13175 (65 FR 67249, November 9,                    comments or comment contents located                  redesignate air quality classifications is
                                                 2000), nor will it impose substantial                    outside of the primary submission (i.e.,              an authority of the EPA Administrator.
                                                 direct costs on tribal governments or                    on the web, cloud, or other file sharing              The June 1, 2017, letter clarifies that
                                                 preempt tribal law.                                      system). For additional submission                    MPCA does not intend to implement
                                                                                                          methods, please contact the person                    this paragraph and that the authority to
                                                 List of Subjects in 40 CFR Part 52                                                                             implement the paragraph remains with
                                                                                                          identified in the FOR FURTHER
                                                   Environmental protection, Air                          INFORMATION CONTACT section. For the
                                                                                                                                                                the EPA Administrator. 40 CFR 52.21(s)
                                                 pollution control, Incorporation by                      full EPA public comment policy,                       requires a Federal action associated
                                                 reference, Ozone, Particulate matter,                    information about CBI or multimedia                   with a PSD project to be coordinated
                                                 Reporting and recordkeeping                              submissions, and general guidance on                  with an associated Federal
                                                 requirements, Sulfur oxides, Volatile                    making effective comments, please visit               environmental impact statement. Once a
                                                 organic compounds.                                       http://www2.epa.gov/dockets/                          PSD program has been approved into
                                                    Authority: 42 U.S.C. 7401 et seq.                     commenting-epa-dockets.                               the SIP, PSD permits will be issued
                                                                                                                                                                under state authority and will no longer
                                                   Dated: June 26, 2017.                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                be considered Federal actions. 40 CFR
                                                 V. Anne Heard,                                           Rachel Rineheart, Environmental
                                                                                                          Engineer, Air Permits Section, Air                    52.21(t) describes the process to resolve
                                                 Acting Regional Administrator, Region 4.                                                                       disputes over a redesignation or a
                                                 [FR Doc. 2017–14397 Filed 7–7–17; 8:45 am]
                                                                                                          Programs Branch (AR–18J),
                                                                                                          Environmental Protection Agency,                      permit. This is an authority of the EPA
                                                 BILLING CODE 6560–50–P
                                                                                                          Region 5, 77 West Jackson Boulevard,                  Administrator. The June 1, 2017, letter
                                                                                                          Chicago, Illinois 60604, (312) 886–7017,              clarifies that MPCA does not intend to
                                                                                                          rineheart.rachel@epa.gov.                             implement this paragraph and that the
                                                 ENVIRONMENTAL PROTECTION                                                                                       authority to implement the paragraph
                                                 AGENCY                                                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                                remains with the EPA Administrator. 40
                                                                                                          Throughout this document whenever
                                                                                                                                                                CFR 52.21(u) authorizes the
                                                 40 CFR Part 52                                           ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                                                                                Administrator to delegate the PSD
                                                 [EPA–R05–OAR–2016–0603; FRL–9964–62–
                                                                                                          EPA. This supplementary information
                                                                                                                                                                program. The June 1, 2017, letter
                                                 Region 5]                                                section is arranged as follows:
                                                                                                                                                                clarifies that MPCA does not intend to
                                                                                                          I. Review of State Submittal                          implement this paragraph and that the
                                                 Air Plan Approval; Minnesota;                            II. Effects of Moving From Delegation to SIP          authority to implement the paragraph
                                                 Prevention of Significant Deterioration                        Approved Program
nlaroche on DSK30NT082PROD with PROPOSALS




                                                                                                          III. What action is EPA taking?
                                                                                                                                                                remains with the EPA Administrator.
                                                 AGENCY:  Environmental Protection                        IV. Incorporation by Reference                        Finally, as described in the June 1, 2017,
                                                 Agency (EPA).                                            V. Statutory and Executive Order Reviews              clarification letter, the requirements in
                                                 ACTION: Proposed rule.                                                                                         Minn. R. 7007.0700(B) for the
                                                                                                          I. Review of State Submittal                          completeness review and Minn. R.
                                                 SUMMARY:   The Environmental Protection                     Section 110(a)(2)(C) of the Clean Air              7007.0850, subp. 2 for public notice
                                                 Agency (EPA) is proposing to approve a                   Act (CAA) requires that each SIP                      requirements, which have already been
                                                 revision to the Minnesota State                          include a program to provide for the                  approved into the SIP, will supersede


                                            VerDate Sep<11>2014   15:08 Jul 07, 2017   Jkt 241001   PO 00000   Frm 00009   Fmt 4702   Sfmt 4702   E:\FR\FM\10JYP1.SGM   10JYP1


                                                 31742                     Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Proposed Rules

                                                 the public participation requirements of                 consultation under ESA and NHPA will                  of the Paperwork Reduction Act (44
                                                 40 CFR 21.21(q).                                         not occur. Sections 9 and 10 of the ESA               U.S.C. 3501 et seq.);
                                                    Minn. R. 7007.3000 incorporates 40                    would still apply, and any project that                  • Is certified as not having a
                                                 CFR 52.21, as amended, by reference,                     could result in the taking of a listed                significant economic impact on a
                                                 and became effective on November 26,                     species would require a permit under
                                                 2007, but was not submitted to EPA for                                                                         substantial number of small entities
                                                                                                          section 10 of the ESA. It would be the
                                                 review and approval into the SIP at that                                                                       under the Regulatory Flexibility Act (5
                                                                                                          source’s obligation to obtain the
                                                 time. MPCA published its intent to                                                                             U.S.C. 601 et seq.);
                                                                                                          necessary permit from the appropriate
                                                 submit Minn. R. 7007.3000 to EPA for                     agency, which in the case of species                     • Does not contain any unfunded
                                                 incorporation into the Minnesota SIP as                  listed in Minnesota, would be the                     mandate or significantly or uniquely
                                                 the PSD program in the Minnesota State                   United States Fish and Wildlife Service.              affect small governments, as described
                                                 Register on June 20, 2016. A 30-day                                                                            in the Unfunded Mandates Reform Act
                                                 comment period and opportunity for a                     III. What action is EPA taking?
                                                                                                                                                                of 1995 (Pub. L. 104–4);
                                                 public hearing was provided. The                           EPA is proposing to approve the                        • Does not have Federalism
                                                 public participation requirements at                     request made by MPCA on October 4,
                                                 Minn. R. 7007.0700(B) and 7007.0850,                                                                           implications as specified in Executive
                                                                                                          2016, to revise the Minnesota air rules               Order 13132 (64 FR 43255, August 10,
                                                 subp. 2, were approved into the                          in the Minnesota SIP. EPA is proposing
                                                 Minnesota SIP on May 24, 1995. (See 60                                                                         1999);
                                                                                                          to approve Minn. R. 7007.3000 as
                                                 FR 27411.)                                               meeting the requirements of section 110                  • Is not an economically significant
                                                    Section 110(k)(3) of the CAA states                   and sections 160–169 of the CAA, and                  regulatory action based on health or
                                                 that the Administrator ‘‘shall approve’’                 the programmatic requirements of 40                   safety risks subject to Executive Order
                                                 a submittal from a State if it ‘‘meets all               CFR part 51.166 for an approvable PSD                 13045 (62 FR 19885, April 23, 1997);
                                                 applicable requirements’’ of the CAA.
                                                 EPA has reviewed Minn. R. 7007.3000,
                                                                                                          program. The approval will not apply to                  • Is not a significant regulatory action
                                                                                                          sources located within Indian country                 subject to Executive Order 13211 (66 FR
                                                 Minn. R. 7007.0700(b) and Minn. R.                       as defined at 18 U.S.C. 1151.
                                                 7007.0850, subp. 2, and has determined                                                                         28355, May 22, 2001);
                                                 that these rules meet the requirements                   IV. Incorporation by Reference                           • Is not subject to requirements of
                                                 of sections 160–169 of the CAA and the                      In this rule, EPA is proposing to                  section 12(d) of the National
                                                 requirements of 40 CFR 51.166.                           include in a final EPA rule regulatory                Technology Transfer and Advancement
                                                 II. Effects of Moving From Delegation to                 text that includes incorporation by                   Act of 1995 (15 U.S.C. 272 note) because
                                                 SIP Approved Program                                     reference. In accordance with                         application of those requirements would
                                                                                                          requirements of 1 CFR 51.5, EPA is                    be inconsistent with the CAA; and
                                                    Upon approval of Minnesota’s PSD
                                                 SIP, EPA will continue to oversee                        proposing to incorporate by reference                    • Does not provide EPA with the
                                                 implementation of this program by                        Minn. R. 7007.3000 Prevention of                      discretionary authority to address, as
                                                 reviewing and commenting upon draft                      Significant Deterioration of Air Quality,             appropriate, disproportionate human
                                                 permits. EPA will continue to comment                    effective November 26, 2007. EPA has                  health or environmental effects, using
                                                 on any failure to follow the law, as well                made, and will continue to make, these                practicable and legally permissible
                                                 as EPA’s statutory and regulatory                        documents generally available through                 methods, under Executive Order 12898
                                                 interpretations and applicable guidance.                 www.regulations.gov, and/or at the EPA                (59 FR 7629, February 16, 1994).
                                                 If a final PSD permit still does not                     Region 5 Office (please contact the
                                                                                                          person identified in the FOR FURTHER                     In addition, the SIP is not approved
                                                 reflect consideration of the relevant                                                                          to apply on any Indian reservation land
                                                 factors, EPA will deem the permit to be                  INFORMATION CONTACT section of this
                                                                                                          preamble for more information).                       or in any other area where EPA or an
                                                 not in conformance with the PSD
                                                                                                                                                                Indian tribe has demonstrated that a
                                                 requirements of the CAA and state’s SIP,                 V. Statutory and Executive Order
                                                 and will consider appropriate                                                                                  tribe has jurisdiction. In those areas of
                                                                                                          Reviews                                               Indian country, the rule does not have
                                                 enforcement action under sections 113
                                                 and 167 of the CAA to address the                          Under the CAA, the Administrator is                 tribal implications and will not impose
                                                 permit deficiency. However, there are                    required to approve a SIP submission                  substantial direct costs on tribal
                                                 certain provisions that will no longer                   that complies with the provisions of the              governments or preempt tribal law as
                                                 apply. These include opportunity to                      CAA and applicable Federal regulations.               specified by Executive Order 13175 (65
                                                 appeal a decision to issue a PSD permit                  42 U.S.C. 7410(k); 40 CFR 52.02(a).                   FR 67249, November 9, 2000).
                                                 to EPA’s Environmental Appeals Board                     Thus, in reviewing SIP submissions,
                                                                                                          EPA’s role is to approve state choices,               List of Subjects in 40 CFR Part 52
                                                 (EAB), consultation under section 7 of
                                                 the Endangered Species Act (ESA), and                    provided that they meet the criteria of                 Environmental protection, Air
                                                 consultation under section 106 of the                    the CAA. Accordingly, this action                     pollution control, Carbon monoxide,
                                                 National Historic Preservation Act                       merely approves state law as meeting
                                                                                                                                                                Incorporation by reference, Lead,
                                                 (NHPA).                                                  Federal requirements and does not
                                                                                                                                                                Nitrogen dioxide, Ozone, Particulate
                                                    Permits issued pursuant to a                          impose additional requirements beyond
                                                                                                          those imposed by state law. For that                  matter, Sulfur oxides, Volatile organic
                                                 delegation are Federal actions. As                                                                             compounds.
                                                 Federal actions, EPA is required to                      reason, this action:
nlaroche on DSK30NT082PROD with PROPOSALS




                                                 consult with the appropriate agencies                      • Is not a significant regulatory action              Dated: June 26, 2017.
                                                 under section 7 of the ESA and section                   subject to review by the Office of                    Robert A. Kaplan,
                                                 106 of the NHPA on any action that may                   Management and Budget under                           Acting Regional Administrator, Region 5.
                                                 affect a threatened or endangered                        Executive Orders 12866 (58 FR 51735,                  [FR Doc. 2017–14317 Filed 7–7–17; 8:45 am]
                                                 species or historic property respectively.               October 4, 1993) and 13563 (76 FR 3821,
                                                                                                                                                                BILLING CODE 6560–50–P
                                                 If EPA approves the Minnesota PSD                        January 21, 2011);
                                                 program into the SIP, PSD permits will                     • Does not impose an information
                                                 no longer be Federal actions; therefore,                 collection burden under the provisions


                                            VerDate Sep<11>2014   15:08 Jul 07, 2017   Jkt 241001   PO 00000   Frm 00010   Fmt 4702   Sfmt 9990   E:\FR\FM\10JYP1.SGM   10JYP1



Document Created: 2017-07-08 00:55:45
Document Modified: 2017-07-08 00:55:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before August 9, 2017.
ContactRachel 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]
FR Citation82 FR 31741 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Sulfur Oxides and Volatile Organic Compounds

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR