82 FR 50807 - Air Plan Approval; Minnesota; State Board Requirements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 211 (November 2, 2017)
Federal Register Volume 82, Issue 211 (November 2, 2017)
| Page Range | 50807-50811 | |
| FR Document | 2017-23461 |
[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)] [Rules and Regulations] [Pages 50807-50811] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23461] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0327; FRL-9970-14-Region 5] Air Plan Approval; Minnesota; State Board Requirements AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) submission from Minnesota addressing the state board requirements of the Clean Air Act (CAA). EPA is also approving elements of Minnesota's submission addressing the infrastructure requirements relating to state boards for the 1997 ozone, 1997 fine particulate (PM2.5 ), 2006 PM2.5 , 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2 ), 2010 sulfur dioxide (SO2 ), and 2012 PM2.5 National Ambient Air Quality Standards (NAAQS). The proposed rulemaking associated with this final action was published on July 17, 2017, and EPA received no comments during the comment period, which ended on August 16, 2017. DATES: This final rule is effective on December 4, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2016-0327. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from [[Page 50808]] 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Eric Svingen, Environmental Engineer, at (312) 353-4489 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION section is arranged as follows: I. What is the background of this SIP submission? II. What guidance is EPA using to evaluate this SIP submission? III. What is the result of EPA's review of this SIP submission? IV. What action is EPA taking? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. What is the background of this SIP submission? This rulemaking addresses a SIP submission from the Minnesota Pollution Control Agency (MPCA) dated May 26, 2016, which addresses CAA requirements relating to the state board requirements under section 128, as well as infrastructure requirements of section 110 relating to state boards for the 1997 ozone, 1997 PM2.5 , 2006 PM2.5 , 2008 Pb, 2008 ozone, 2010 NO2 , 2010 SO2 , and 2012 PM2.5 NAAQS. The requirement for states to make infrastructure SIP submissions arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions ``within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),'' and these SIP submissions are to provide for the ``implementation, maintenance, and enforcement'' of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that ``[e]ach such plan'' submission must address. EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of CAA section 110(a)(1) and (2) as ``infrastructure SIP'' submissions. Although the term ``infrastructure SIP'' does not appear in the CAA, EPA uses the term to distinguish this particular type of SIP submission from submissions that are intended to satisfy other SIP requirements under the CAA. This specific rulemaking is only taking action on the CAA 110(a)(2)(E)(ii) element of these infrastructure SIP requirements. II. What guidance is EPA using to evaluate this SIP submission? EPA's guidance relating to infrastructure SIP submissions can be found in a guidance document entitled ``Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 \1\ National Ambient Air Quality Standards'' (2007 Guidance). Further guidance is provided in a September 13, 2013, document entitled ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)'' (2013 Guidance). --------------------------------------------------------------------------- \1\ PM2.5 refers to particles with an aerodynamic diameter of less than or equal to 2.5 micrometers, oftentimes referred to as ``fine'' particles. --------------------------------------------------------------------------- III. What is the result of EPA's review of this SIP submission? Pursuant to section 110(a), states must provide reasonable notice and opportunity for public hearing for all infrastructure SIP submissions. MPCA provided public notice for the SIP revision on April 4, 2016, commenced a public comment period on April 5, 2016, and closed the public comment period on May 5, 2016. No comments were received nor were there any requests for a public hearing. Minnesota provided a detailed synopsis of how various components of its SIP meet each of the applicable requirements in sections 128 and 110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5 , 2006 PM2.5 , 2008 Pb, 2008 ozone, 2010 NO2 , 2010 SO2 , and 2012 PM2.5 NAAQS, as applicable. On July 17, 2017 (82 FR 32669), EPA published a proposed rule that would approve these submissions into Minnesota's SIP. This proposed rule contained a detailed evaluation of how Minnesota's submission satisfies certain requirements under CAA sections 110 and 128. No comments were received. Therefore, EPA is finalizing this rule as proposed. IV. What action is EPA taking? EPA is taking final action to incorporate Minn. Stat. 10A.07, Minn. Stat. 10A.09, and Minn. R. 7000.0300 into Minnesota's SIP. EPA is further approving this submission as meeting CAA obligations under section 128, as well as 110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5 , 2006 PM2.5 , 2008 Pb, 2008 ozone, 2010 NO2 , 2010 SO2 , and 2012 PM2.5 NAAQS. V. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Minnesota Regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available through www.regulations.gov and at the EPA Region 5 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\2\ --------------------------------------------------------------------------- \2\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described [[Page 50809]] in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 2, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: October 17, 2017. Robert A. Kaplan, Acting Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. In Sec. 52.1220: 0 a. In the table in paragraph (c): 0 i. Add the heading entitled ``CHAPTER 7000 PROCEDURAL RULES'' at the beginning of the table and the entry ``7000.0300''. 0 ii. Add the entries ``10A.07'' and ``10A.09'' in numerical order under the subheading entitled ``Minnesota Statutes''. 0 b. In the table in paragraph (e): 0 i. Revise the entry ``Section 110(a)(2) Infrastructure Requirements for the 1997 8-hour Ozone NAAQS''. 0 ii. Revise the entry ``Section 110(a)(2) Infrastructure Requirements for the 1997 PM 2.5 NAAQS''. 0 iii. Revise the entry currently named ``Section 110(a)(2) Infrastructure Requirements for the 2006 24-Hour Ozone NAAQS'' to read ``Section 110(a)(2) Infrastructure Requirements for the 2006 24-Hour PM2.5 NAAQS''. 0 iv. Revise the entry ``Section 110(a)(2) Infrastructure Requirements for the 2008 lead (Pb) NAAQS''. 0 v. Revise the entry ``Section 110(a)(2) Infrastructure Requirements for the 2008 ozone NAAQS''. 0 vi. Revise the entry ``Section 110(a)(2) Infrastructure Requirements for the 2010 nitrogen dioxide (NO2 ) NAAQS''. 0 vii. Revise the entry ``Section 110(a)(2) Infrastructure Requirements for the 2010 sulfur dioxide (SO2 ) NAAQS,''. 0 viii. Revise the entry ``Section 110(a)(2) Infrastructure Requirements for the 2012 fine particulate matter (PM2.5 ) NAAQS''. The additions and revisions read as follows: Sec. 52.1220 Identification of plan. * * * * * (c) * * * EPA-Approved Minnesota Regulations ---------------------------------------------------------------------------------------------------------------- State Minnesota citation Title/subject effective EPA approval date Comments date ---------------------------------------------------------------------------------------------------------------- CHAPTER 7000 PROCEDURAL RULES ---------------------------------------------------------------------------------------------------------------- 7000.0300.................... Duty of candor.. 4/19/2004 11/2/2017, [insert Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Minnesota Statutes ---------------------------------------------------------------------------------------------------------------- 10A.07....................... Conflicts of 5/25/2013 11/2/2017, [insert interest. Federal Register citation]. 10A.09....................... Statements of 5/23/2015 11/2/2017, [insert economic Federal Register interest. citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * [[Page 50810]] EPA-Approved Minnesota Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or State submittal provision nonattainment date/effective EPA approved date Comments area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 110(a)(2) Statewide........ 11/29/2007 and 5/ 11/2/2017, CAA elements Infrastructure Requirements 26/2016. [insert Federal 110(a)(2)(A), (B), for the 1997 8-Hour Ozone Register (C) with respect to NAAQS. citation]. enforcement, (D)(ii), (E) through (H), (J) except for prevention of significant deterioration (PSD), and (K) through (M) have been approved. CAA elements 110(a)(2)(C) and (J) with respect to PSD have been disapproved. Section 110(a)(2) Statewide........ 11/29/2007 and 5/ 11/2/2017, CAA elements Infrastructure Requirements 26/2016. [insert Federal 110(a)(2)(A), (B), for the 1997 PM2.5 NAAQS. Register (C) with respect to citation]. enforcement, (D)(ii), (E) through (H), (J) except for prevention of significant deterioration (PSD), and (K) through (M) have been approved. CAA elements 110(a)(2)(C) and (J) with respect to PSD have been disapproved. Section 110(a)(2) Statewide........ 5/23/2011, 6/27/ 11/2/2017, These actions address Infrastructure Requirements 2012 and 5/26/ [insert Federal the following CAA for the 2006 24-Hour PM2.5 2016. Register elements: NAAQS. citation]. 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). We have not finalized action on the visibility protection requirements of (D)(i)(II). We will address these requirements in a separate action. Although EPA has disapproved portions of Minnesota's submission addressing the prevention of significant deterioration, Minnesota continues to implement the Federally promulgated rules for this purpose as they pertain to section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J). Section 110(a)(2) Statewide........ 6/19/2012 and 5/ 11/2/2017, These actions address Infrastructure Requirements 26/2016. [insert Federal the following CAA for the 2008 lead (Pb) NAAQS. Register elements: citation]. 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). Although EPA has disapproved portions of Minnesota's submission addressing the prevention of significant deterioration, Minnesota continues to implement the Federally promulgated rules for this purpose as they pertain to section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J). Section 110(a)(2) Statewide........ 6/12/2014 and 5/ 11/2/2017, These actions address Infrastructure Requirements 26/2016. [insert Federal the following CAA for the 2008 ozone NAAQS. Register elements: citation]. 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). We are not taking action on (D)(i)(I) or the visibility portion of (D)(i)(II). We will address these requirements in a separate action. EPA has disapproved the elements related to the prevention of significant deterioration, specifically as they pertain to section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J); however, Minnesota continues to implement the Federally promulgated rules for this purpose. Section 110(a)(2) Statewide........ 6/12/2014 and 5/ 11/2/2017, These actions address Infrastructure Requirements 26/2016. [insert Federal the following CAA for the 2010 nitrogen dioxide Register elements: (NO2) NAAQS. citation]. 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). We have not taken action on the visibility portion of (D)(i)(II). We will address these requirements in a separate action. EPA is disapproving the elements related to the prevention of significant deterioration, specifically as they pertain to section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J); however, Minnesota continues to implement the Federally promulgated rules for this purpose. [[Page 50811]] Section 110(a)(2) Statewide........ 6/12/2014 and 5/ 11/2/2017, These actions address Infrastructure Requirements 26/2016. [insert Federal the following CAA for the 2010 sulfur dioxide Register elements: (SO2) NAAQS. citation]. 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). We have not taken action on (D)(i)(I) or the visibility portion of (D)(i)(II). We will address these requirements in a separate action. EPA has disapproved the elements related to the prevention of significant deterioration, specifically as they pertain to section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J); however, Minnesota continues to implement the Federally promulgated rules for this purpose. Section 110(a)(2) Statewide........ 6/12/2014 and 5/ 11/2/2017, These actions address Infrastructure Requirements 26/2016. [insert Federal the following CAA for the 2012 fine particulate Register elements: matter (PM2.5) NAAQS. citation]. 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). We are not taking action on (D)(i)(I) or the visibility portion of (D)(i)(II). We will address these requirements in a separate action. EPA has disapproved the elements related to the prevention of significant deterioration, specifically as they pertain to section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J); however, Minnesota continues to implement the Federally promulgated rules for this purpose. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-23461 Filed 11-1-17; 8:45 am] BILLING CODE 6560-50-P
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Diagnostic
Sec. code No.
* * * * * * *
7915 Criterion June 9, 1996; criterion December 10, 2017.
7916 Added June 9, 1996; note December 10, 2017.
7917 Added June 9, 1996; note December 10, 2017.
7918 Added June 9, 1996; note December 10, 2017.
7919 Added June 9, 1996; evaluation June 9, 1996; criterion December 10, 2017; note December 10, 2017.
* * * * * * *
■ 5. Amend Appendix B to part 4 by: ■ b. Adding, in numerical order, an The revisions and addition read as
■ a. Revising the entries for diagnostic entry for diagnostic code 7906; and follows:
codes 7900 through 7902; ■ c. Revising the entries for diagnostic Appendix B to Part 4—Numerical Index
codes 7911 and 7912. of Disabilities
Diagnostic
code No.
* * * * * * *
THE ENDOCRINE SYSTEM
7900 .................................... Hyperthyroidism, including, but not limited to, Graves’ disease.
7901 .................................... Thyroid enlargement, toxic.
7902 .................................... Thyroid enlargement, nontoxic.
* * * * * * *
7906 .................................... Thyroiditis.
* * * * * * *
7911 .................................... Addison’s disease (adrenocortical insufficiency).
7912 .................................... Polyglandular syndrome (multiple endocrine neoplasia, autoimmune polyglandular syndrome).
* * * * * * *
■ 6. Amend Appendix C to Part 4 as [FR Doc. 2017–23044 Filed 11–1–17; 8:45 am] Ambient Air Quality Standards
follows: BILLING CODE 8320–01–P (NAAQS). The proposed rulemaking
■ a. Add, in alphabetical order, entries associated with this final action was
for ‘‘Graves’ disease’’ and published on July 17, 2017, and EPA
‘‘Polyglandular syndrome’’; ENVIRONMENTAL PROTECTION received no comments during the
■ b. Revise the entry for ‘‘Thyroid AGENCY comment period, which ended on
gland’’; and August 16, 2017.
■ c. Add, in alphabetical order, an entry 40 CFR Part 52 DATES: This final rule is effective on
for ‘‘Thyroiditis’’. [EPA–R05–OAR–2016–0327; FRL–9970–14– December 4, 2017.
The additions and revision read as Region 5] ADDRESSES: EPA has established a
follows: docket for this action under Docket ID
Air Plan Approval; Minnesota; State No. EPA–R05–OAR–2016–0327. All
Appendix C to Part 4—Alphabetical Board Requirements
Index of Disabilities documents in the docket are listed on
AGENCY: Environmental Protection the www.regulations.gov Web site.
Diagnostic Agency (EPA). Although listed in the index, some
code No. ACTION: Final rule. information is not publicly available,
i.e., Confidential Business Information
SUMMARY:The Environmental Protection (CBI) or other information whose
* * * * * Agency (EPA) is approving a state disclosure is restricted by statute.
Graves’ disease ........................ 7900
implementation plan (SIP) submission Certain other material, such as
* * * * * from Minnesota addressing the state copyrighted material, is not placed on
Polyglandular syndrome ........... 7912 board requirements of the Clean Air Act the Internet and will be publicly
(CAA). EPA is also approving elements available only in hard copy form.
of Minnesota’s submission addressing Publicly available docket materials are
nlaroche on DSK9F9SC42PROD with RULES
* * * * *
Thyroid gland. the infrastructure requirements relating available either through
Nontoxic thyroid enlargement 7902 to state boards for the 1997 ozone, 1997 www.regulations.gov or at the
Toxic thyroid enlargement ..... 7901 fine particulate (PM ), 2006 PM , Environmental Protection Agency,
2.5 2.5
Thyroiditis ................................. 7906 2008 lead (Pb), 2008 ozone, 2010 Region 5, Air and Radiation Division, 77
* * * * *
nitrogen dioxide (NO2), 2010 sulfur West Jackson Boulevard, Chicago,
dioxide (SO2), and 2012 PM2.5 National Illinois 60604. This facility is open from
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8:30 a.m. to 4:30 p.m., Monday through does not appear in the CAA, EPA uses well as 110(a)(2)(E)(ii) for the 1997
Friday, excluding Federal holidays. We the term to distinguish this particular ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb,
recommend that you telephone Eric type of SIP submission from 2008 ozone, 2010 NO2, 2010 SO2, and
Svingen, Environmental Engineer, at submissions that are intended to satisfy 2012 PM2.5 NAAQS.
(312) 353–4489 before visiting the other SIP requirements under the CAA.
V. Incorporation by Reference
Region 5 office. This specific rulemaking is only taking
FOR FURTHER INFORMATION CONTACT: Eric action on the CAA 110(a)(2)(E)(ii) In this rule, EPA is finalizing
Svingen, Environmental Engineer, element of these infrastructure SIP regulatory text that includes
Attainment Planning and Maintenance requirements. incorporation by reference. In
Section, Air Programs Branch (AR–18J), accordance with requirements of 1 CFR
II. What guidance is EPA using to 51.5, EPA is finalizing the incorporation
Environmental Protection Agency, evaluate this SIP submission?
Region 5, 77 West Jackson Boulevard, by reference of the Minnesota
Chicago, Illinois 60604, (312) 353–4489, EPA’s guidance relating to Regulations described in the
svingen.eric@epa.gov. infrastructure SIP submissions can be amendments to 40 CFR part 52 set forth
found in a guidance document entitled below. EPA has made, and will continue
SUPPLEMENTARY INFORMATION:
‘‘Guidance on SIP Elements Required to make, these documents generally
Throughout this document whenever
Under Sections 110(a)(1) and (2) for the available through www.regulations.gov
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
1997 8-hour Ozone and PM2.5 1 National and at the EPA Region 5 Office (please
EPA. This SUPPLEMENTARY INFORMATION
Ambient Air Quality Standards’’ (2007 contact the person identified in the FOR
section is arranged as follows:
Guidance). Further guidance is provided FURTHER INFORMATION CONTACT section of
I. What is the background of this SIP in a September 13, 2013, document this preamble for more information).
submission? Therefore, these materials have been
II. What guidance is EPA using to evaluate entitled ‘‘Guidance on Infrastructure
this SIP submission? State Implementation Plan (SIP) approved by EPA for inclusion in the
III. What is the result of EPA’s review of this Elements under CAA Sections 110(a)(1) State implementation plan, have been
SIP submission? and (2)’’ (2013 Guidance). incorporated by reference by EPA into
IV. What action is EPA taking? that plan, are fully federally enforceable
V. Incorporation by Reference III. What is the result of EPA’s review under sections 110 and 113 of the CAA
VI. Statutory and Executive Order Reviews of this SIP submission? as of the effective date of the final
I. What is the background of this SIP Pursuant to section 110(a), states must rulemaking of EPA’s approval, and will
submission? provide reasonable notice and be incorporated by reference by the
opportunity for public hearing for all Director of the Federal Register in the
This rulemaking addresses a SIP infrastructure SIP submissions. MPCA next update to the SIP compilation.2
submission from the Minnesota provided public notice for the SIP
Pollution Control Agency (MPCA) dated VI. Statutory and Executive Order
revision on April 4, 2016, commenced
May 26, 2016, which addresses CAA Reviews
a public comment period on April 5,
requirements relating to the state board 2016, and closed the public comment Under the CAA, the Administrator is
requirements under section 128, as well period on May 5, 2016. No comments required to approve a SIP submission
as infrastructure requirements of section were received nor were there any that complies with the provisions of the
110 relating to state boards for the 1997 requests for a public hearing. CAA and applicable Federal regulations.
ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, Minnesota provided a detailed 42 U.S.C. 7410(k); 40 CFR 52.02(a).
2008 ozone, 2010 NO2, 2010 SO2, and synopsis of how various components of Thus, in reviewing SIP submissions,
2012 PM2.5 NAAQS. its SIP meet each of the applicable EPA’s role is to approve state choices,
The requirement for states to make provided that they meet the criteria of
requirements in sections 128 and
infrastructure SIP submissions arises the CAA. Accordingly, this action
110(a)(2)(E)(ii) for the 1997 ozone, 1997
out of CAA section 110(a)(1). Pursuant merely approves state law as meeting
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone,
to section 110(a)(1), states must make Federal requirements and does not
2010 NO2, 2010 SO2, and 2012 PM2.5
SIP submissions ‘‘within 3 years (or impose additional requirements beyond
NAAQS, as applicable.
such shorter period as the Administrator those imposed by state law. For that
On July 17, 2017 (82 FR 32669), EPA
may prescribe) after the promulgation of reason, this action:
published a proposed rule that would
a national primary ambient air quality
approve these submissions into • Is not a significant regulatory action
standard (or any revision thereof),’’ and subject to review by the Office of
Minnesota’s SIP. This proposed rule
these SIP submissions are to provide for Management and Budget under
contained a detailed evaluation of how
the ‘‘implementation, maintenance, and Executive Orders 12866 (58 FR 51735,
Minnesota’s submission satisfies certain
enforcement’’ of such NAAQS. The October 4, 1993) and 13563 (76 FR 3821,
requirements under CAA sections 110
statute directly imposes on states the January 21, 2011);
and 128. No comments were received.
duty to make these SIP submissions,
Therefore, EPA is finalizing this rule as • Does not impose an information
and the requirement to make the collection burden under the provisions
proposed.
submissions is not conditioned upon of the Paperwork Reduction Act (44
EPA’s taking any action other than IV. What action is EPA taking? U.S.C. 3501 et seq.);
promulgating a new or revised NAAQS. EPA is taking final action to • Is certified as not having a
Section 110(a)(2) includes a list of incorporate Minn. Stat. 10A.07, Minn. significant economic impact on a
specific elements that ‘‘[e]ach such Stat. 10A.09, and Minn. R. 7000.0300 substantial number of small entities
nlaroche on DSK9F9SC42PROD with RULES
plan’’ submission must address. into Minnesota’s SIP. EPA is further under the Regulatory Flexibility Act (5
EPA has historically referred to these U.S.C. 601 et seq.);
approving this submission as meeting
SIP submissions made for the purpose • Does not contain any unfunded
CAA obligations under section 128, as
of satisfying the requirements of CAA mandate or significantly or uniquely
section 110(a)(1) and (2) as 1 PM affect small governments, as described
2.5 refers to particles with an aerodynamic
‘‘infrastructure SIP’’ submissions. diameter of less than or equal to 2.5 micrometers,
Although the term ‘‘infrastructure SIP’’ oftentimes referred to as ‘‘fine’’ particles. 2 62 FR 27968 (May 22, 1997).
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in the Unfunded Mandates Reform Act report containing this action and other ■ 2. In § 52.1220:
of 1995 (Pub. L. 104–4); required information to the U.S. Senate, ■ a. In the table in paragraph (c):
• Does not have Federalism the U.S. House of Representatives, and ■ i. Add the heading entitled
implications as specified in Executive the Comptroller General of the United ‘‘CHAPTER 7000 PROCEDURAL
Order 13132 (64 FR 43255, August 10, States prior to publication of the rule in RULES’’ at the beginning of the table
1999); the Federal Register. A major rule and the entry ‘‘7000.0300’’.
• Is not an economically significant cannot take effect until 60 days after it ■ ii. Add the entries ‘‘10A.07’’ and
regulatory action based on health or is published in the Federal Register. ‘‘10A.09’’ in numerical order under the
safety risks subject to Executive Order This action is not a ‘‘major rule’’ as subheading entitled ‘‘Minnesota
13045 (62 FR 19885, April 23, 1997); defined by 5 U.S.C. 804(2). Statutes’’.
• Is not a significant regulatory action Under section 307(b)(1) of the CAA,
■ b. In the table in paragraph (e):
subject to Executive Order 13211 (66 FR petitions for judicial review of this
■ i. Revise the entry ‘‘Section 110(a)(2)
28355, May 22, 2001); action must be filed in the United States
Infrastructure Requirements for the 1997
• Is not subject to requirements of Court of Appeals for the appropriate
circuit by January 2, 2018. Filing a 8-hour Ozone NAAQS’’.
section 12(d) of the National
petition for reconsideration by the ■ ii. Revise the entry ‘‘Section 110(a)(2)
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because Administrator of this final rule does not Infrastructure Requirements for the 1997
application of those requirements would affect the finality of this action for the PM2.5 NAAQS’’.
purposes of judicial review nor does it ■ iii. Revise the entry currently named
be inconsistent with the CAA; and
• Does not provide EPA with the extend the time within which a petition ‘‘Section 110(a)(2) Infrastructure
discretionary authority to address, as for judicial review may be filed, and Requirements for the 2006 24-Hour
appropriate, disproportionate human shall not postpone the effectiveness of Ozone NAAQS’’ to read ‘‘Section
health or environmental effects, using such rule or action. This action may not 110(a)(2) Infrastructure Requirements
practicable and legally permissible be challenged later in proceedings to for the 2006 24-Hour PM2.5 NAAQS’’.
methods, under Executive Order 12898 enforce its requirements. (See section ■ iv. Revise the entry ‘‘Section 110(a)(2)
(59 FR 7629, February 16, 1994). 307(b)(2)). Infrastructure Requirements for the 2008
In addition, the SIP is not approved lead (Pb) NAAQS’’.
List of Subjects in 40 CFR Part 52
to apply on any Indian reservation land ■ v. Revise the entry ‘‘Section 110(a)(2)
Environmental protection, Air Infrastructure Requirements for the 2008
or in any other area where EPA or an
pollution control, Incorporation by ozone NAAQS’’.
Indian tribe has demonstrated that a
reference, Intergovernmental relations, ■ vi. Revise the entry ‘‘Section 110(a)(2)
tribe has jurisdiction. In those areas of
Lead, Nitrogen dioxide, Ozone, Infrastructure Requirements for the 2010
Indian country, the rule does not have
Particulate matter, Reporting and nitrogen dioxide (NO2) NAAQS’’.
tribal implications and will not impose
recordkeeping requirements, Sulfur
substantial direct costs on tribal ■ vii. Revise the entry ‘‘Section
oxides, Volatile organic compounds.
governments or preempt tribal law as 110(a)(2) Infrastructure Requirements
specified by Executive Order 13175 (65 Dated: October 17, 2017. for the 2010 sulfur dioxide (SO2)
FR 67249, November 9, 2000). Robert A. Kaplan, NAAQS,’’.
The Congressional Review Act, 5 Acting Regional Administrator, Region 5. ■ viii. Revise the entry ‘‘Section
U.S.C. 801 et seq., as added by the Small 40 CFR part 52 is amended as follows: 110(a)(2) Infrastructure Requirements
Business Regulatory Enforcement for the 2012 fine particulate matter
Fairness Act of 1996, generally provides PART 52—APPROVAL AND (PM2.5) NAAQS’’.
that before a rule may take effect, the PROMULGATION OF The additions and revisions read as
agency promulgating the rule must IMPLEMENTATION PLANS follows:
submit a rule report, which includes a
copy of the rule, to each House of the ■ 1. The authority citation for part 52 § 52.1220 Identification of plan.
Congress and to the Comptroller General continues to read as follows: * * * * *
of the United States. EPA will submit a Authority: 42 U.S.C. 7401 et seq. (c) * * *
EPA-APPROVED MINNESOTA REGULATIONS
State
Minnesota citation Title/subject effective EPA approval date Comments
date
CHAPTER 7000 PROCEDURAL RULES
7000.0300 ....................... Duty of candor ............... 4/19/2004 11/2/2017, [insert Federal Register citation].
* * * * * * *
Minnesota Statutes
10A.07 ............................. Conflicts of interest ........ 5/25/2013 11/2/2017, [insert Federal Register citation].
10A.09 ............................. Statements of economic 5/23/2015 11/2/2017, [insert Federal Register citation].
nlaroche on DSK9F9SC42PROD with RULES
interest.
* * * * * * *
* * * * * (e) * * *
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![50810 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations
EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS
Name of nonregulatory Applicable geographic State submittal date/ EPA approved date Comments
SIP provision or nonattainment area effective date
* * * * * * *
Section 110(a)(2) In- Statewide ................... 11/29/2007 and 5/26/ 11/2/2017, [insert CAA elements 110(a)(2)(A), (B), (C) with re-
frastructure Require- 2016. Federal Register spect to enforcement, (D)(ii), (E) through
ments for the 1997 citation]. (H), (J) except for prevention of significant
8-Hour Ozone deterioration (PSD), and (K) through (M)
NAAQS. have been approved. CAA elements
110(a)(2)(C) and (J) with respect to PSD
have been disapproved.
Section 110(a)(2) In- Statewide ................... 11/29/2007 and 5/26/ 11/2/2017, [insert CAA elements 110(a)(2)(A), (B), (C) with re-
frastructure Require- 2016. Federal Register spect to enforcement, (D)(ii), (E) through
ments for the 1997 citation]. (H), (J) except for prevention of significant
PM2.5 NAAQS. deterioration (PSD), and (K) through (M)
have been approved. CAA elements
110(a)(2)(C) and (J) with respect to PSD
have been disapproved.
Section 110(a)(2) In- Statewide ................... 5/23/2011, 6/27/2012 11/2/2017, [insert These actions address the following CAA
frastructure Require- and 5/26/2016. Federal Register elements: 110(a)(2)(A), (B), (C), (D)(i)(II),
ments for the 2006 citation]. (D)(ii), (E), (F), (G), (H), (J), (K), (L), and
24-Hour PM2.5 (M). We have not finalized action on the
NAAQS. visibility protection requirements of
(D)(i)(II). We will address these require-
ments in a separate action. Although EPA
has disapproved portions of Minnesota’s
submission addressing the prevention of
significant deterioration, Minnesota con-
tinues to implement the Federally promul-
gated rules for this purpose as they per-
tain to section 110(a)(2)(C), (D)(i)(II),
(D)(ii), and (J).
Section 110(a)(2) In- Statewide ................... 6/19/2012 and 5/26/ 11/2/2017, [insert These actions address the following CAA
frastructure Require- 2016. Federal Register elements: 110(a)(2)(A), (B), (C), (D), (E),
ments for the 2008 citation]. (F), (G), (H), (J), (K), (L), and (M). Al-
lead (Pb) NAAQS. though EPA has disapproved portions of
Minnesota’s submission addressing the
prevention of significant deterioration, Min-
nesota continues to implement the Feder-
ally promulgated rules for this purpose as
they pertain to section 110(a)(2)(C),
(D)(i)(II), (D)(ii), and (J).
Section 110(a)(2) In- Statewide ................... 6/12/2014 and 5/26/ 11/2/2017, [insert These actions address the following CAA
frastructure Require- 2016. Federal Register elements: 110(a)(2)(A), (B), (C), (D), (E),
ments for the 2008 citation]. (F), (G), (H), (J), (K), (L), and (M). We are
ozone NAAQS. not taking action on (D)(i)(I) or the visibility
portion of (D)(i)(II). We will address these
requirements in a separate action. EPA
has disapproved the elements related to
the prevention of significant deterioration,
specifically as they pertain to section
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J); how-
ever, Minnesota continues to implement
the Federally promulgated rules for this
purpose.
Section 110(a)(2) In- Statewide ................... 6/12/2014 and 5/26/ 11/2/2017, [insert These actions address the following CAA
frastructure Require- 2016. Federal Register elements: 110(a)(2)(A), (B), (C), (D), (E),
ments for the 2010 citation]. (F), (G), (H), (J), (K), (L), and (M). We
nitrogen dioxide have not taken action on the visibility por-
(NO2) NAAQS. tion of (D)(i)(II). We will address these re-
quirements in a separate action. EPA is
disapproving the elements related to the
prevention of significant deterioration, spe-
cifically as they pertain to section
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J); how-
nlaroche on DSK9F9SC42PROD with RULES
ever, Minnesota continues to implement
the Federally promulgated rules for this
purpose.
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![Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Rules and Regulations 50811
EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS—Continued
Name of nonregulatory Applicable geographic State submittal date/ EPA approved date Comments
SIP provision or nonattainment area effective date
Section 110(a)(2) In- Statewide ................... 6/12/2014 and 5/26/ 11/2/2017, [insert These actions address the following CAA
frastructure Require- 2016. Federal Register elements: 110(a)(2)(A), (B), (C), (D), (E),
ments for the 2010 citation]. (F), (G), (H), (J), (K), (L), and (M). We
sulfur dioxide (SO2) have not taken action on (D)(i)(I) or the
NAAQS. visibility portion of (D)(i)(II). We will ad-
dress these requirements in a separate
action. EPA has disapproved the elements
related to the prevention of significant de-
terioration, specifically as they pertain to
section 110(a)(2)(C), (D)(i)(II), (D)(ii), and
(J); however, Minnesota continues to im-
plement the Federally promulgated rules
for this purpose.
Section 110(a)(2) In- Statewide ................... 6/12/2014 and 5/26/ 11/2/2017, [insert These actions address the following CAA
frastructure Require- 2016. Federal Register elements: 110(a)(2)(A), (B), (C), (D), (E),
ments for the 2012 citation]. (F), (G), (H), (J), (K), (L), and (M). We are
fine particulate mat- not taking action on (D)(i)(I) or the visibility
ter (PM2.5) NAAQS. portion of (D)(i)(II). We will address these
requirements in a separate action. EPA
has disapproved the elements related to
the prevention of significant deterioration,
specifically as they pertain to section
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J); how-
ever, Minnesota continues to implement
the Federally promulgated rules for this
purpose.
[FR Doc. 2017–23461 Filed 11–1–17; 8:45 am] DATES: This direct final rule will be full EPA public comment policy,
BILLING CODE 6560–50–P effective January 2, 2018, unless EPA information about CBI or multimedia
receives adverse comments by submissions, and general guidance on
December 4, 2017. If adverse comments making effective comments, please visit
ENVIRONMENTAL PROTECTION are received, EPA will publish a timely http://www2.epa.gov/dockets/
AGENCY withdrawal of the direct final rule in the commenting-epa-dockets.
Federal Register informing the public FOR FURTHER INFORMATION CONTACT:
40 CFR Part 52 that the rule will not take effect. Charles Hatten, Environmental
ADDRESSES: Submit your comments, Engineer, Control Strategies Section, Air
[EPA–R05–OAR–2017–0323; FRL–9970–17– identified by Docket ID No. EPA–R05– Programs Branch (AR–18J),
Region 5] OAR–2017–0323 at http:// Environmental Protection Agency,
www.regulations.gov or via email to Region 5, 77 West Jackson Boulevard,
Air Plan Approval; Illinois; Volatile blakley.pamela@epa.gov. For comments Chicago, Illinois 60604, (312) 886–3031,
Organic Compounds Definition submitted at Regulations.gov, follow the hatten.charles@epa.gov.
online instructions for submitting SUPPLEMENTARY INFORMATION:
AGENCY: Environmental Protection
comments. Once submitted, comments Throughout this document whenever
Agency (EPA).
cannot be edited or removed from ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
ACTION: Direct final rule. Regulations.gov. For either manner of EPA. This supplementary information
submission, EPA may publish any section is arranged as follows:
SUMMARY: The Environmental Protection comment received to its public docket.
Agency (EPA) is approving a state Do not submit electronically any I. What is the background for this action?
submission as a revision to the Illinois information you consider to be II. What did Illinois submit?
III. What is EPA’s analysis of the SIP
state implementation plan (SIP) for Confidential Business Information (CBI) revision?
ozone. The revision, submitted on May or other information whose disclosure is IV. What action is EPA taking?
30, 2017, incorporates changes to the restricted by statute. Multimedia V. Incorporation by Reference
Illinois Administrative Code (IAC) submissions (audio, video, etc.) must be VI. Statutory and Executive Order Reviews
definition of volatile organic material, accompanied by a written comment.
otherwise known as volatile organic The written comment is considered the I. What is the background for this
compound (VOC). The revision removes official comment and should include action?
recordkeeping and reporting discussion of all points you wish to The Clean Air Act (CAA) requires the
requirements related to the use of t- make. EPA will generally not consider regulation of VOC for various purposes.
butyl acetate (also known as tertiary comments or comment contents located
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Section 302(s) of the CAA specifies that
butyl acetate) as a VOC, and is in outside of the primary submission (i.e. EPA has the authority to define the
response to an EPA rulemaking that on the web, cloud, or other file sharing meaning of ‘‘VOC,’’ and what
occurred in 2016. Illinois also added system). For additional submission compounds shall be treated as VOC for
information to provide clarity to the list methods, please contact the person regulatory purposes.
of compounds excluded from the identified in the ‘‘For Further Tropospheric ozone, commonly
definition of VOC. Information Contact’’ section. For the known as smog, is formed when VOC
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Document Created: 2017-11-02 02:40:58
Document Modified: 2017-11-02 02:40:58
| 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 December 4, 2017. | |
| Contact | Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected] | |
| FR Citation | 82 FR 50807 | |
| CFR Associated | Environmental Protection; Air Pollution Control; 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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