82 FR 58116 - Air Plan Approval; Minnesota; 2008 Ozone Transport
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 236 (December 11, 2017)
Federal Register Volume 82, Issue 236 (December 11, 2017)
| Page Range | 58116-58118 | |
| FR Document | 2017-26539 |
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)] [Rules and Regulations] [Pages 58116-58118] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26539] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0327; FRL-9971-61-Region 5] Air Plan Approval; Minnesota; 2008 Ozone Transport AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a May 26, 2016, State Implementation Plan (SIP) submission from Minnesota that is intended to demonstrate that the Minnesota SIP meets certain interstate transport requirements of the Clean Air Act (CAA) for the 2008 ozone National Ambient Air Quality Standards (NAAQS). EPA is approving this SIP as containing adequate provisions to ensure that Minnesota emissions do not significantly contribute to nonattainment or interfere with maintenance of the 2008 ozone NAAQS in any other state. 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 January 10, 2018. 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 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. Background II. EPA's Analysis of Minnesota's Submittal III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. Background On March 12, 2008, EPA revised the levels of the primary and secondary ozone standards from 0.08 parts per million (ppm) to 0.075 ppm (73 FR 16436). The CAA requires states to submit, within three years after promulgation of a new or revised standard, SIPs meeting the applicable ``infrastructure'' elements of sections 110(a)(1) and (2). One of these applicable infrastructure elements, CAA section 110(a)(2)(D)(i), requires SIPs to contain ``good neighbor'' provisions to prohibit certain adverse air quality effects on neighboring states due to interstate transport of pollution. There are four sub-elements within CAA section 110(a)(2)(D)(i). This action addresses the first two sub-elements of the good neighbor provisions, at CAA section 110(a)(2)(D)(i)(I). These sub-elements require that each SIP for a new or revised standard contain adequate provisions to prohibit any source or other type of emissions activity within the state from emitting air pollutants that will ``contribute significantly to nonattainment'' or ``interfere with maintenance'' of the applicable air quality standard in any other state. II. EPA's Analysis of Minnesota's Submittal On May 26, 2016, the State of Minnesota submitted a revision to its SIP to address the first two sub-elements of the good neighbor provisions, at CAA section 110(a)(2)(D)(i)(I). Specifically, Minnesota's submission asserts that the state's SIP contains adequate provisions to prohibit any source or other type of emissions activity within the state from emitting air pollutants that will ``contribute significantly to nonattainment'' or ``interfere with maintenance'' of the 2008 ozone standard in any other state. The SIP submission highlights rules and statutes already in Minnesota's SIP that limit emissions of nitrogen oxides (NOX ) and volatile organic compounds (VOC), the precursor pollutants contributing to ozone formation. The submission also notes that Minnesota sources are subject to a Federal Implementation Plan (FIP) for the Cross-State Air Pollution Rule (CSAPR) at 40 CFR 52.1240, and are required to reduce annual emissions of NOX in support of the 2006 NAAQS for fine particulate matter (PM2.5 ). EPA developed technical information and a related analysis to assist states with meeting section 110(a)(2)(D)(i)(I) requirements for the 2008 ozone NAAQS, and used this technical analysis to support the CSAPR Update for the 2008 Ozone NAAQS (``CSAPR Update'').\1\ EPA's analysis confirms the assertion in Minnesota's submittal: Minnesota does not significantly contribute to nonattainment or interfere with maintenance of the 2008 ozone standard in any other state. --------------------------------------------------------------------------- \1\ 81 FR 74504 (October 26, 2016). --------------------------------------------------------------------------- On July 17, 2017 (82 FR 32673), EPA published a rule proposing to approve Minnesota's interstate transport SIP for purposes of meeting the CAA section [[Page 58117]] 110(a)(2)(D)(i)(I) requirements of the 2008 ozone standard. This proposed rule contained a detailed evaluation of how Minnesota's submission satisfies CAA requirements. No comments were received. Therefore, EPA is finalizing this rule as proposed. III. What action is EPA taking? EPA is approving Minnesota's interstate transport SIP for purposes of meeting the CAA section 110(a)(2)(D)(i)(I) requirements of the 2008 ozone standard. IV. 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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not 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 February 9, 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, Nitrogen dioxide, Ozone, Volatile organic compounds. Dated: November 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, the table in paragraph (e) is amended by revising the entry for ``Section 110(a)(2) Infrastructure Requirements for the 2008 ozone NAAQS'' to read as follows: Sec. 52.1220 Identification of plan. * * * * * (e) * * * [[Page 58118]] EPA-Approved Minnesota Nonregulatory Provisions -------------------------------------------------------------------------------------------------------------------------------------------------------- Applicable geographic or State submittal date/ Name of nonregulatory SIP provision nonattainment area effective date EPA approved date Comments -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Section 110(a)(2) Infrastructure Statewide..................... 6/12/2014 and 12/11/2017, [Insert These actions address the Requirements for the 2008 ozone 5/26/2016.................... Federal Register following CAA elements: 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 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. 2017-26539 Filed 12-8-17; 8:45 am] BILLING CODE 6560-50-P
![58116 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
comments, then EPA would publish a ensure that Minnesota emissions do not applicable infrastructure elements, CAA
document withdrawing the final rule significantly contribute to section 110(a)(2)(D)(i), requires SIPs to
and informing the public that the rule nonattainment or interfere with contain ‘‘good neighbor’’ provisions to
would not take effect. It was also maintenance of the 2008 ozone NAAQS prohibit certain adverse air quality
explained that all public comments in any other state. The proposed effects on neighboring states due to
received would then be addressed in a rulemaking associated with this final interstate transport of pollution. There
subsequent final rule based on the action was published on July 17, 2017, are four sub-elements within CAA
proposed rule, and that EPA would not and EPA received no comments during section 110(a)(2)(D)(i). This action
institute a second comment period on the comment period, which ended on addresses the first two sub-elements of
this action. August 16, 2017. the good neighbor provisions, at CAA
EPA received one adverse comment DATES: This final rule is effective on section 110(a)(2)(D)(i)(I). These sub-
from a single Commenter on the January 10, 2018. elements require that each SIP for a new
aforementioned changes. EPA will ADDRESSES: EPA has established a or revised standard contain adequate
address the comment in a separate final docket for this action under Docket ID provisions to prohibit any source or
action based on the proposed action also No. EPA–R05–OAR–2016–0327. All other type of emissions activity within
published on October 13, 2017 (82 FR documents in the docket are listed on the state from emitting air pollutants
47662). In addition, because information the www.regulations.gov Web site. that will ‘‘contribute significantly to
in the docket was not fully accessible to Although listed in the index, some nonattainment’’ or ‘‘interfere with
the public during the initial comment information is not publicly available, maintenance’’ of the applicable air
period, in a separate action EPA will i.e., Confidential Business Information quality standard in any other state.
reopen the comment period for the (CBI) or other information whose II. EPA’s Analysis of Minnesota’s
proposed rule. disclosure is restricted by statute. Submittal
List of Subjects in 40 CFR Part 52 Certain other material, such as On May 26, 2016, the State of
copyrighted material, is not placed on Minnesota submitted a revision to its
Environmental protection, Air the Internet and will be publicly
pollution control, Carbon monoxide, SIP to address the first two sub-elements
available only in hard copy form. of the good neighbor provisions, at CAA
Incorporation by reference, Publicly available docket materials are
Intergovernmental relations, Lead, section 110(a)(2)(D)(i)(I). Specifically,
available either through Minnesota’s submission asserts that the
Nitrogen dioxide, Ozone, Particulate www.regulations.gov or at the
matter, Reporting and recordkeeping state’s SIP contains adequate provisions
Environmental Protection Agency, to prohibit any source or other type of
requirements, Sulfur oxides, Volatile Region 5, Air and Radiation Division, 77
organic compounds. emissions activity within the state from
West Jackson Boulevard, Chicago, emitting air pollutants that will
Dated: November 21, 2017. Illinois 60604. This facility is open from ‘‘contribute significantly to
Onis ‘‘Trey’’ Glenn, III 8:30 a.m. to 4:30 p.m., Monday through nonattainment’’ or ‘‘interfere with
Regional Administrator, Region 4. Friday, excluding Federal holidays. We maintenance’’ of the 2008 ozone
■ Accordingly, the amendment to 40 recommend that you telephone Eric standard in any other state. The SIP
CFR 52.520(c) published on October 13, Svingen, Environmental Engineer, at submission highlights rules and statutes
2017 (82 FR 47636), is withdrawn (312) 353–4489 before visiting the already in Minnesota’s SIP that limit
effective December 11, 2017. Region 5 office. emissions of nitrogen oxides (NOX) and
FOR FURTHER INFORMATION CONTACT: Eric volatile organic compounds (VOC), the
[FR Doc. 2017–26633 Filed 12–8–17; 8:45 am]
Svingen, Environmental Engineer, precursor pollutants contributing to
BILLING CODE 6560–50–P
Attainment Planning and Maintenance ozone formation. The submission also
Section, Air Programs Branch (AR–18J), notes that Minnesota sources are subject
ENVIRONMENTAL PROTECTION Environmental Protection Agency, to a Federal Implementation Plan (FIP)
AGENCY Region 5, 77 West Jackson Boulevard, for the Cross-State Air Pollution Rule
Chicago, Illinois 60604, (312) 353–4489, (CSAPR) at 40 CFR 52.1240, and are
40 CFR Part 52 svingen.eric@epa.gov. required to reduce annual emissions of
SUPPLEMENTARY INFORMATION: NOX in support of the 2006 NAAQS for
[EPA–R05–OAR–2016–0327; FRL–9971–61– fine particulate matter (PM2.5).
Region 5]
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA developed technical information
Air Plan Approval; Minnesota; 2008 EPA. This supplementary information and a related analysis to assist states
Ozone Transport section is arranged as follows: with meeting section 110(a)(2)(D)(i)(I)
I. Background
requirements for the 2008 ozone
AGENCY: Environmental Protection II. EPA’s Analysis of Minnesota’s Submittal NAAQS, and used this technical
Agency (EPA). III. What action is EPA taking? analysis to support the CSAPR Update
ACTION: Final rule. IV. Statutory and Executive Order Reviews for the 2008 Ozone NAAQS (‘‘CSAPR
Update’’).1 EPA’s analysis confirms the
SUMMARY: The Environmental Protection I. Background assertion in Minnesota’s submittal:
Agency (EPA) is approving a May 26, On March 12, 2008, EPA revised the Minnesota does not significantly
2016, State Implementation Plan (SIP) levels of the primary and secondary contribute to nonattainment or interfere
submission from Minnesota that is ozone standards from 0.08 parts per with maintenance of the 2008 ozone
sradovich on DSK3GMQ082PROD with RULES
intended to demonstrate that the million (ppm) to 0.075 ppm (73 FR standard in any other state.
Minnesota SIP meets certain interstate 16436). The CAA requires states to On July 17, 2017 (82 FR 32673), EPA
transport requirements of the Clean Air submit, within three years after published a rule proposing to approve
Act (CAA) for the 2008 ozone National promulgation of a new or revised Minnesota’s interstate transport SIP for
Ambient Air Quality Standards standard, SIPs meeting the applicable purposes of meeting the CAA section
(NAAQS). EPA is approving this SIP as ‘‘infrastructure’’ elements of sections
containing adequate provisions to 110(a)(1) and (2). One of these 1 81 FR 74504 (October 26, 2016).
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![58118 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Rules and Regulations
EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS
Applicable State
Name of nonregulatory geographic or submittal date/ EPA approved date Comments
SIP provision nonattainment effective date
area
* * * * * * *
Section 110(a)(2) Infra- Statewide ............ 6/12/2014 and 12/11/2017, [Insert Fed- These actions address the following CAA ele-
structure Requirements 5/26/2016. eral Register citation]. ments: 110(a)(2)(A), (B), (C), (D), (E), (F), (G),
for the 2008 ozone (H), (J), (K), (L), and (M). We have not taken
NAAQS. action on the visibility portion of (D)(i)(II). We
will address these requirements in a separate
action. EPA has disapproved the elements re-
lated to the prevention of significant deteriora-
tion, 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. 2017–26539 Filed 12–8–17; 8:45 am] CAA requires the imposition of Triangle Park, NC 27711; by telephone
BILLING CODE 6560–50–P sanctions for the affected area(s). In (919) 541–4383; or by email at
addition, the EPA is obligated to raps.virginia@epa.gov.
promulgate a federal implementation
ENVIRONMENTAL PROTECTION plan (FIP) to address any outstanding SUPPLEMENTARY INFORMATION:
AGENCY SIP requirements if a state does not I. General Information
submit, and the EPA does not approve,
40 CFR Part 52 a state’s submittal within 24 months of A. Notice and Comment Under the
[EPA–HQ–OAR–2017–0667; FRL–9971–66– the effective date of these findings. Administrative Procedure Act (APA)
OAR] DATES: The effective date of this action
Section 553 of the APA1 provides
is January 10, 2018.
Findings of Failure To Submit State that, when an agency for good cause
ADDRESSES: The EPA has established a
Implementation Plan Submittals for the finds that notice and public procedures
docket for this action under Docket ID
2008 Ozone National Ambient Air are impracticable, unnecessary or
No. EPA–HQ–OAR–2017–0667. All
Quality Standards (NAAQS) documents in the docket are listed and contrary to the public interest, the
publicly available at http:// agency may issue a rule without
AGENCY: Environmental Protection providing notice and an opportunity for
Agency (EPA). www.regulations.gov. Although listed in
the index, some information is not public comment. The EPA has
ACTION: Final rule. determined that there is good cause for
publicly available, i.e., Confidential
SUMMARY: The U.S. Environmental Business Information or other making this final agency action without
Protection Agency (EPA) is taking final information whose disclosure is prior proposal and opportunity for
action to find that three states have restricted by statute. Certain other comment because no significant EPA
failed to submit timely revisions to their material, such as copyrighted material, judgment is involved in making findings
state implementation plans (SIPs) as is not placed on the Internet and will be of failure to submit SIPs, or elements of
required to satisfy certain requirements publicly available only in hard copy SIPs. Rather, the findings are required
under the Clean Air Act (CAA) for form. Publicly available docket by the CAA where states have made no
implementation of the 2008 ozone materials are available either submissions to meet the SIP
National Ambient Air Quality Standards electronically at http:// requirements, or where the EPA has
(2008 ozone NAAQS). These findings of www.regulations.gov or in hard copy at separately determined that they made
failure to submit apply to states with the EPA Docket Center (EPA/DC), EPA incomplete submissions. Thus, notice
overdue SIP revisions (or attainment WJC West Building, Room 3334, 1301 and public procedures are unnecessary.
plans) for nonattainment areas Constitution Avenue NW., Washington, The EPA finds that this constitutes good
reclassified from ‘‘Marginal’’ to DC. The Public Reading Room is open cause under 5 U.S.C. 553(b)(3)(B).
‘‘Moderate’’ in May 2016 because the from 8:30 a.m. to 4:30 p.m., Monday
areas failed to attain the 2008 ozone through Friday, excluding legal B. How can I get copies of this document
NAAQS by the Marginal area attainment holidays. The telephone number for the and other related information?
date of July 20, 2015. The SIP revisions Public Reading Room is (202) 566–1744,
to address all applicable Moderate area and the telephone number for the Office In addition to being available in the
attainment plan requirements for these of Air and Radiation Docket and docket, an electronic copy of this action
sradovich on DSK3GMQ082PROD with RULES
areas were due on January 1, 2017. This Information Center is (202) 566–1742. will be posted at https://www.epa.gov/
action requires the affected states to FOR FURTHER INFORMATION CONTACT: Ms. ozone-pollution/2008-ozone-national-
timely submit a SIP revision consistent Virginia Raps, Office of Air Quality ambient-air-quality-standards-naaqs-
with the requirements of the CAA and Planning and Standards, Air Quality nonattainment-actions.
the EPA regulations. If a state fails to Policy Division, U.S. Environmental
make the required timely SIP submittal, Protection Agency, Mail Code: C539–01,
or if a submitted SIP is incomplete, the 109 T.W. Alexander Drive, Research 1 See 5 U.S.C. 553(b)(3)(B).
VerDate Sep<11>2014 17:23 Dec 08, 2017 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\11DER1.SGM 11DER1](https://thefederalregister.org/doc/82_FR_58352/page/3.svg)
Document Created: 2017-12-09 01:49:31
Document Modified: 2017-12-09 01:49:31
| 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 January 10, 2018. | |
| 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 58116 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Volatile Organic Compounds |
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