82 FR 44734 - Air Plan Approval; Minnesota; Prevention of Significant Deterioration
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 185 (September 26, 2017)
Federal Register Volume 82, Issue 185 (September 26, 2017)
| Page Range | 44734-44736 | |
| FR Document | 2017-20443 |
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)] [Rules and Regulations] [Pages 44734-44736] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20443] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0603; FRL-9968-22-Region 5] Air Plan Approval; Minnesota; Prevention of Significant Deterioration AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to the Minnesota State Implementation Plan (SIP) submitted on October 4, 2016. EPA is approving the state's Prevention of Significant Deterioration (PSD) rules which incorporate the Federal PSD rules by reference. DATES: This final rule is effective on October 26, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2016-0603. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Rachel Rineheart, Environmental Engineer, at (312) 886-7017 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Rachel Rineheart, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-7017, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. Background II. Comments Received and Response to Comments III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background Section 110(a)(2)(C) of the Clean Air Act (CAA) requires that each SIP include a program to provide for the regulation of construction and modification of stationary sources, including a permit program as required by part C of subsection I of the CAA--Prevention of Significant Deterioration of Air Quality. On October 4, 2016, the Minnesota Pollution Control Agency (MPCA) submitted a request to revise the Minnesota SIP to include Minn. R. 7007.3000, which incorporates the Federal PSD rules at 40 CFR 52.21 by reference as the State's SIP approved PSD program. Further, by letter dated June 1, 2017, MPCA clarified that it will not implement the provisions at 40 CFR 52.21(g), (s), (t), and (u) because those provisions reference authorities that are retained by the EPA Administrator. EPA proposed to approve Minnesota's PSD SIP on July 10, 2017. (82 FR 31741, July 10, 2017). EPA received comments on the proposed action from Guardian Energy, LLC, and Granite Falls Energy, LLC. Section II of this document provides a discussion of the comments received and EPA's response. II. Comments Received and Response to Comments EPA received comments from Guardian Energy, LLC, and Granite Falls Energy, LLC. The letters from the two commenters are identical. The first comment from both commenters expressed support for the proposed action. The second comment from the two commenters is a request for EPA to clarify how changes in the Federal PSD regulations will be addressed in the Minnesota SIP approved regulations. Minn. R. 7007.3000 incorporates 40 CFR 52.21 by reference, as amended. Both MPCA and EPA interpret this to mean that any changes to 40 CFR 52.21 will be automatically incorporated into Minn. R. 7007.3000, and will have the same effective date as the Federal rulemaking. III. What action is EPA taking? EPA is approving the request made by MPCA on October 4, 2016, to revise the Minnesota SIP to include Minn. R. 7007.3000 as the State's SIP approved PSD program. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation [[Page 44735]] by reference of the Minnesota Regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available through www.regulations.gov, and/or at the EPA Region 5 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 27, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 12, 2017. Cheryl L. Newton, Acting Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. In Sec. 52.1220, the table in paragraph (c) is amended by adding the entry ``7007.3000'' in numerical order above the table heading ``Offsets'' to read as follows: Sec. 52.1220 Identification of plan. * * * * * (c) * * * EPA--Approved Minnesota Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State Minnesota citation Title/subject effective date EPA approval date Comments -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- CHAPTER 7007 AIR EMISSION PERMITS -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 44736]] * * * * * * * 7007.3000............................. Prevention of 11/26/2007 9/26/2017 [insert Federal ....................................... Significant Register citation]. Deterioration of Air Quality. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * 0 3. Section 52.1234 is revised to read as follows: Sec. 52.1234 Significant deterioration of air quality. (a) The requirements of sections 160 through 165 of the Clean Air Act are met, except for sources seeking permits to locate in Indian country within the State of Minnesota. (b) Regulations for the prevention of the significant deterioration of air quality. The provisions of Sec. 52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Minnesota for sources wishing to locate in Indian country; and sources constructed under permits issued by EPA. [FR Doc. 2017-20443 Filed 9-25-17; 8:45 am] BILLING CODE 6560-50-P
![44734 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations
temporary deviation, the bridge will be ENVIRONMENTAL PROTECTION IV. Incorporation by Reference
maintained in the closed-to-navigation AGENCY V. Statutory and Executive Order Reviews
position for four (4) separate five (5) day I. Background
periods from 7 a.m., October 2, 2017, 40 CFR Part 52
Section 110(a)(2)(C) of the Clean Air
through 11 p.m., October 6, 2017; from [EPA–R05–OAR–2016–0603; FRL–9968–22– Act (CAA) requires that each SIP
7 a.m., October 16, 2017, through 11 Region 5]
include a program to provide for the
p.m., October 20, 2017; from 7 a.m., regulation of construction and
October 30, 2017, through 11 p.m., Air Plan Approval; Minnesota;
Prevention of Significant Deterioration modification of stationary sources,
November 3, 2017; from 7 a.m., including a permit program as required
November 13, 2017, through 11.p.m., AGENCY: Environmental Protection by part C of subsection I of the CAA—
November 17, 2017. The alternate dates Agency (EPA). Prevention of Significant Deterioration
for inclement weather are from 7 a.m., ACTION: Final rule. of Air Quality. On October 4, 2016, the
October 9, 2017, through 11 p.m., Minnesota Pollution Control Agency
October 13, 2017; from 7 a.m., October SUMMARY: The Environmental Protection (MPCA) submitted a request to revise
23, 2017, through 11 p.m., October 27, Agency (EPA) is approving a revision to the Minnesota SIP to include Minn. R.
2017; from 7 a.m., November 6, 2017, the Minnesota State Implementation 7007.3000, which incorporates the
through 11 p.m., November 10, 2017; Plan (SIP) submitted on October 4, 2016. Federal PSD rules at 40 CFR 52.21 by
from 7 a.m., November 18, 2017, EPA is approving the state’s Prevention reference as the State’s SIP approved
through 11 p.m., November 22, 2017. of Significant Deterioration (PSD) rules PSD program. Further, by letter dated
The bridge will open on signal if at least which incorporate the Federal PSD rules June 1, 2017, MPCA clarified that it will
24 hours notice is given at all other by reference. not implement the provisions at 40 CFR
times. DATES: This final rule is effective on 52.21(g), (s), (t), and (u) because those
October 26, 2017. provisions reference authorities that are
The Atlantic Intracoastal Waterway,
ADDRESSES: EPA has established a retained by the EPA Administrator.
Southern Branch of the Elizabeth River EPA proposed to approve Minnesota’s
is used by a variety of vessels including docket for this action under Docket ID
No. EPA–R05–OAR–2016–0603. All PSD SIP on July 10, 2017. (82 FR 31741,
small commercial vessels, recreational July 10, 2017). EPA received comments
documents in the docket are listed on
vessels and tug and barge traffic. The on the proposed action from Guardian
the www.regulations.gov Web site.
Coast Guard has carefully coordinated Energy, LLC, and Granite Falls Energy,
Although listed in the index, some
the restrictions with waterway users in information is not publicly available, LLC. Section II of this document
publishing this temporary deviation. i.e., Confidential Business Information provides a discussion of the comments
Vessels able to pass through the (CBI) or other information whose received and EPA’s response.
bridge in the closed position may do so disclosure is restricted by statute. II. Comments Received and Response to
if at least 15 minutes notice is given. Certain other material, such as Comments
The bridge will not be able to open for copyrighted material, is not placed on
the Internet and will be publicly EPA received comments from
emergencies and there is no immediate
available only in hard copy form. Guardian Energy, LLC, and Granite Falls
alternate route for vessels unable to pass
Publicly available docket materials are Energy, LLC. The letters from the two
through the bridge in the closed
available either through commenters are identical. The first
position. The Coast Guard will also comment from both commenters
inform the users of the waterways www.regulations.gov or at the
Environmental Protection Agency, expressed support for the proposed
through our Local and Broadcast Notice action. The second comment from the
to Mariners of the change in operating Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago, two commenters is a request for EPA to
schedule for the bridge so that vessel clarify how changes in the Federal PSD
operators can arrange their transits to Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through regulations will be addressed in the
minimize any impact caused by this Minnesota SIP approved regulations.
Friday, excluding Federal holidays. We
temporary deviation. Minn. R. 7007.3000 incorporates 40 CFR
recommend that you telephone Rachel
In accordance with 33 CFR 117.35(e), Rineheart, Environmental Engineer, at 52.21 by reference, as amended. Both
the drawbridge must return to its regular (312) 886–7017 before visiting the MPCA and EPA interpret this to mean
operating schedule immediately at the Region 5 office. that any changes to 40 CFR 52.21 will
end of this effective period of this be automatically incorporated into
FOR FURTHER INFORMATION CONTACT:
temporary deviation. This deviation Minn. R. 7007.3000, and will have the
Rachel Rineheart, Environmental
from the operating regulations is same effective date as the Federal
Engineer, Air Permits Section, Air
authorized under 33 CFR 117.35. rulemaking.
Programs Branch (AR–18J),
Dated: September 21, 2017. Environmental Protection Agency, III. What action is EPA taking?
Hal R. Pitts,
Region 5, 77 West Jackson Boulevard, EPA is approving the request made by
Chicago, Illinois 60604, (312) 886–7017, MPCA on October 4, 2016, to revise the
Bridge Program Manager, Fifth Coast Guard Rineheart.rachel@epa.gov.
District. Minnesota SIP to include Minn. R.
SUPPLEMENTARY INFORMATION: 7007.3000 as the State’s SIP approved
[FR Doc. 2017–20564 Filed 9–25–17; 8:45 am]
Throughout this document whenever PSD program.
Pmangrum on DSK3GDR082PROD with RULES
BILLING CODE 9110–04–P
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information IV. Incorporation by Reference
section is arranged as follows: In this rule, EPA is finalizing
I. Background regulatory text that includes
II. Comments Received and Response to incorporation by reference. In
Comments accordance with requirements of 1 CFR
III. What action is EPA taking? 51.5, EPA is finalizing the incorporation
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EPA—APPROVED MINNESOTA REGULATIONS—Continued
State effective
Minnesota citation Title/subject EPA approval date Comments
date
* * * * * * *
7007.3000 ................. Prevention of Significant Dete- 11/26/2007 9/26/2017 [insert Federal Register cita-
rioration of Air Quality. tion].
* * * * * * *
* * * * * than the applicable dates established in The EPA finds that this constitutes good
■ 3. Section 52.1234 is revised to read the implementing regulations. States cause under 5 U.S.C. 553(b)(3)(B).
as follows: were also required to submit
I. Background and Overview
contingency plans to be triggered if
§ 52.1234 Significant deterioration of air attainment or RFP milestones were not A. Statutory Requirements
quality.
met. The EPA is by this action making
(a) The requirements of sections 160 a finding of failure to submit attainment On March 27, 2008, the EPA issued its
through 165 of the Clean Air Act are demonstration, attainment final action to revise the NAAQS for
met, except for sources seeking permits demonstration contingency, RFP, and ozone to establish new 8-hour
to locate in Indian country within the RFP contingency SIPs for the standards.1 In that action, the EPA
State of Minnesota. Sacramento Metro nonattainment area. promulgated identical revised primary
(b) Regulations for the prevention of If the EPA has not affirmatively found and secondary ozone standards,
the significant deterioration of air that the state has submitted the required designed to protect public health and
quality. The provisions of § 52.21 except plans within 18 months, the offset welfare, of 0.075 parts per million
paragraph (a)(1) are hereby incorporated sanction applies in the area. If within 6 (ppm).2 Those standards are met when
and made a part of the applicable State the 3-year average of the annual fourth
additional months the EPA has still not
plan for the State of Minnesota for highest daily maximum 8-hour average
affirmatively determined that the state
sources wishing to locate in Indian ozone concentration is less than or
has submitted the required plan, the
country; and sources constructed under equal to 0.075 ppm.3
highway funding sanction applies in the
permits issued by EPA. Promulgation of a revised NAAQS
area. No later than 2 years after the EPA
[FR Doc. 2017–20443 Filed 9–25–17; 8:45 am] makes the finding, if the state has not triggers a requirement for the EPA to
BILLING CODE 6560–50–P submitted, and EPA has not approved, designate areas of the country as
the required SIP, the EPA must nonattainment, attainment or
promulgate a Federal Implementation unclassifiable for the standards. For the
ENVIRONMENTAL PROTECTION Plan. ozone NAAQS, this also involves
AGENCY classifying any nonattainment areas at
DATES:This action will be effective on the time of designation.4 Ozone
40 CFR Part 52 October 26, 2017. nonattainment areas are classified based
[EPA–R09–OAR–2017–0426; FRL–9966–86- FOR FURTHER INFORMATION CONTACT: on the severity of their ozone levels (as
Region 9] determined based on the area’s ‘‘design
Laura Lawrence, EPA Region IX, (415)
972–3407, lawrence.laura@epa.gov. value,’’ which represents air quality in
Finding of Failure To Submit State the area for the most recent three years).
Implementation Plans Required for the SUPPLEMENTARY INFORMATION: The possible classifications for ozone
2008 8-Hour Ozone NAAQS; California; Throughout this document, ‘‘we,’’ ‘‘us’’ nonattainment areas are Marginal,
Sacramento Metro and ‘‘our’’ refer to the EPA. Moderate, Serious, Severe, and
AGENCY: Environmental Protection Notice and Comment Under the Extreme.5 Nonattainment areas with a
Agency (EPA). Administrative Procedure Act (APA) ‘‘lower’’ classification have ozone levels
ACTION: Final rule. that are closer to the standard than areas
Section 553 of the APA, 5 U.S.C. with a ‘‘higher’’ classification.6
SUMMARY: The Environmental Protection 553(b)(3)(B), provides that, when an On May 21, 2012 and June 11, 2012,
Agency (EPA) is taking final action agency for good cause finds that notice the EPA issued rules designating areas
finding that the state of California has and public procedure are impracticable, throughout the country as
failed to submit State Implementation unnecessary or contrary to the public nonattainment, attainment, or
Plans (SIPs) to satisfy certain interest, the agency may issue a rule unclassifiable for the 2008 ozone
requirements of the Clean Air Act (CAA) without providing notice and an NAAQS, effective July 20, 2012, and
for the 2008 8-hour ozone National opportunity for public comment. The establishing classifications for the
Ambient Air Quality Standards EPA has determined that there is good
(NAAQS or ‘‘standards’’). Under the cause for making this final agency 1 73 FR 16436.
CAA and EPA’s implementing action without prior proposal and 2 Since the 2008 primary and secondary NAAQS
regulations, states with nonattainment opportunity for comment because no for ozone are identical, for convenience, we refer to
Pmangrum on DSK3GDR082PROD with RULES
areas classified as Moderate, Serious, significant EPA judgment is involved in both as ‘‘the 2008 ozone NAAQS’’ or ‘‘the 2008
Severe or Extreme were required to making a finding of failure to submit ozone standard.’’
3 40 CFR 50.15.
submit by July 20, 2016, SIPs SIPs, or elements of SIPs, required by 4 CAA sections 107(d)(1) and 181(a)(1).
demonstrating reasonable further the CAA, where states have made no 5 CAA section 181(a)(1).
progress (RFP) and attainment of the submission or incomplete submissions, 6 See 40 CFR 51.1103 for the design value
2008 8-hour ozone standard as to meet the requirement. Thus, notice thresholds for each classification for the 2008 ozone
expeditiously as practicable but no later and public procedures are unnecessary. NAAQS.
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Document Created: 2017-09-26 02:48:33
Document Modified: 2017-09-26 02:48:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on October 26, 2017. | |
| 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] | |
| FR Citation | 82 FR 44734 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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