83 FR 30350 - Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Regional Haze Progress Report
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 125 (June 28, 2018)
Federal Register Volume 83, Issue 125 (June 28, 2018)
| Page Range | 30350-30352 | |
| FR Document | 2018-13825 |
[Federal Register Volume 83, Number 125 (Thursday, June 28, 2018)] [Rules and Regulations] [Pages 30350-30352] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13825] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0034; FRL-9980-09--Region 5] Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Regional Haze Progress Report AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving Minnesota's regional haze progress report under the Clean Air Act (CAA) as a revision to the Minnesota State Implementation Plan (SIP). Minnesota has satisfied the progress report requirements of the Regional Haze Rule. Minnesota also provided a determination of the adequacy of its plan in addressing regional haze with its negative declaration, submitted with the progress report, that no revisions are needed to its plan. DATES: This final rule is effective on July 30, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2015-0034. All documents in the docket are listed on the www.regulations.gov website. 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 Matt Rau, Environmental Engineer, at (312) 886-6524 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6524, [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. What are EPA's responses to the comments? III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. Background States are required to submit a progress report every five years that evaluates progress towards the reasonable progress goals (RPGs) for each mandatory Class I Federal area \1\ (Class I area) within the state and in each Class I area outside the state which may be affected by emissions from within the state. 40 CFR 51.308(g). States are also required to submit, at the same time as the progress report, a determination of the adequacy of the state's existing regional haze SIP. 40 CFR 51.308(h). The first progress report SIP is due five years after submittal of the initial regional haze SIP. --------------------------------------------------------------------------- \1\ Under the CAA, a Class I Federal area is one in which visibility is protected more stringently than under the national ambient air quality standards. Class I Federal areas include national parks, wilderness areas, monuments, and other areas of special national and cultural significance. --------------------------------------------------------------------------- Minnesota submitted its regional haze plan to EPA on December 30, 2009, with a supplement submitted on May 8, 2012. Correspondingly, Minnesota submitted its five-year progress report and its determination of adequacy on December 30, 2014. Minnesota made no substantive revisions to its regional haze plan as it determined that the existing SIP is sufficient to achieve the 2018 reasonable progress goals for the Class I areas impacted by Minnesota emissions and thus further revision to the SIP was unnecessary. EPA is approving Minnesota's progress report on the basis that it satisfies the applicable requirements of 40 CFR 51.308. In order to satisfy the requirements for Best Available Retrofit Technology (BART) for certain taconite ore processing facilities in Minnesota, EPA promulgated a Federal Implementation Plan (FIP) for taconite on February 6, 2013, (78 FR 8706) and revised the taconite FIP on April 12, 2016, (81 FR 21672). Minnesota elected to use the Cross- State Air Pollution Rule (CSAPR) to satisfy BART for its electric generating units. Two Class I areas are located in Minnesota, the Boundary Waters Canoe Wilderness Area (Boundary Waters) and the Voyageurs National Park (Voyageurs). Further, Minnesota emissions contribute to visibility impairment at a Class I area located out of state, the Isle Royale National Park (Isle Royale) in Michigan. A direct final rule (DFR) approving the Minnesota regional haze progress report published on October 18, 2017 (82 FR 48425), along with a proposed rule (82 FR 48472) that provided a 30-day public comment period. The DFR evaluated the Minnesota submission by assessing its progress in implementing its regional haze plan during the first half of the first implementation period as well as the statutory and regulatory background for EPA's review of [[Page 30351]] Minnesota's regional haze plan. The DFR also provided a description of the regional haze requirements addressed in the Minnesota progress report. The DFR serves as the detailed basis for this final rule. II. What are EPA's responses to the comments? Comments were received on the DFR (82 FR 48425). The two anonymous commenters both expressed concern over CSAPR issues. The comments pertain to issues that were addressed in earlier Federal rulemakings. Comments: One commenter claims that Minnesota's submission cannot be approved because CSAPR is a FIP and Minnesota cannot rely on a FIP to demonstrate that its SIP is adequate. The commenter also claims that CSAPR has been rescinded as a program and is no longer in force. The commenter states that, as a result, Minnesota cannot rely on CSAPR for its long term goals. The other commenter contends that EPA cannot approve progress reports that rely on CSAPR or any other regional trading program to satisfy the BART requirements because BART is required on a source-by- source basis. The commenter claims that BART needs to evaluated based on the impacts on each national park from each source, not as a holistic multi-source or multi-park evaluation. Response: The regulations governing progress reports do not include a requirement for states (or EPA) to ensure that all applicable regional haze requirements for the planning period have been met by the existing plan. As such, the comment raising concerns about the reliance on CSAPR to satisfy the BART requirement raises issues outside the scope of this rulemaking. We do note, however, that 40 CFR 51.308(e)(4) allows a state to rely on participation in a CSAPR FIP to address the BART requirements for electric generating units (EGUs). Consistent with this rule, EPA approved Minnesota's regional haze plan in 2012 as satisfying the applicable BART requirements in 40 CFR 51.308 for the subject EGUs through participation in CSAPR (77 FR 34801 (June 12, 2012)). EPA's approval of Minnesota's reliance on CSAPR to satisfy the BART requirements for these sources rather than requiring source by source BART was upheld by the 8th Circuit. National Parks Conservation Ass'n v. McCarthy, 816 F.3d.989, 994 (8th Cir. 2016). More broadly, EPA's regulations that allow for the comparison of average visibility improvements across multiple Class I areas in assessing regional trading programs as alternatives to BART has also been upheld as reasonable by the D.C. Circuit. Utility Air Regulatory Group v. EPA, 471 F.3d 1333, 1340-41 (D.C. Cir. 2006) (upholding CAIR as a BART alternative); Utility Air Regulatory Group v. EPA, 885 F.3d 714, 721 (D.C. Cir. 2018) (upholding CSAPR as a BART alternative). We also note that CSAPR has not been rescinded and remains in force. Finally, the regional haze rule defines ``implementation plan'' to include approved SIPs or FIPs. Given this, states may rely on FIPs in their progress reports to demonstrate the adequacy of a plan to achieve reasonable progress goals. In summary, EPA disagrees that the points raised by the commenters prevent approval of the progress report. Thus, EPA finds that Minnesota's progress report satisfies 40 CFR 51.308. III. What action is EPA taking? EPA is approving the regional haze progress report that Minnesota submitted on December 30, 2014, under the CAA as a revision to the Minnesota SIP. EPA finds that Minnesota has satisfied the progress report requirements of the Regional Haze Rule. EPA also finds that Minnesota has met the requirements for a determination of the adequacy of its regional haze plan with its negative declaration submitted with the progress report. 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 August 27, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not [[Page 30352]] 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, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: June 18, 2018. Cathy Stepp, 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 adding an entry for ``Regional Haze Progress Report'' to follow the entry titled ``Regional Haze Plan'' to read as follows: Sec. 52.1220 Identification of plan. * * * * * (e) * * * EPA--Approved Minnesota Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- State Name of nonregulatory SIP Applicable geographic submittal provision or nonattainment area date/ EPA approved date Comments effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Regional Haze Progress Report.. statewide.............. 12/30/2014 6/28/2018, [insert .................. Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-13825 Filed 6-27-18; 8:45 am] BILLING CODE 6560-50-P
![30350 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations
§ 52.820 Identification of plan (d) * * *
* * * * *
EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS
State effective
Name of source Order/Permit No. EPA approval date Explanation
date
* * * * * * *
(29) Grain Processing Administrative Con- 1/16/17 12/1/14, 79 FR 71025; amend- The last sentence of Paragraph 5, Section
Corporation. sent Order No. ment approved 6/28/18 [Insert III and Section VI are not approved by
2014–AQ–A1. Federal Register citation]. EPA as part of the SIP.
* * * * * * *
* * * * * www.regulations.gov or at the SIP is due five years after submittal of
[FR Doc. 2018–13857 Filed 6–27–18; 8:45 am] Environmental Protection Agency, the initial regional haze SIP.
BILLING CODE 6560–50–P Region 5, Air and Radiation Division, 77 Minnesota submitted its regional haze
West Jackson Boulevard, Chicago, plan to EPA on December 30, 2009, with
Illinois 60604. This facility is open from a supplement submitted on May 8,
ENVIRONMENTAL PROTECTION 8:30 a.m. to 4:30 p.m., Monday through 2012. Correspondingly, Minnesota
AGENCY Friday, excluding Federal holidays. We submitted its five-year progress report
recommend that you telephone Matt and its determination of adequacy on
40 CFR Part 52
Rau, Environmental Engineer, at (312) December 30, 2014. Minnesota made no
[EPA–R05–OAR–2015–0034; FRL–9980– 886–6524 before visiting the Region 5 substantive revisions to its regional haze
09—Region 5] office. plan as it determined that the existing
SIP is sufficient to achieve the 2018
Approval and Promulgation of Air FOR FURTHER INFORMATION CONTACT: Matt reasonable progress goals for the Class I
Quality Implementation Plans; Rau, Environmental Engineer, Control areas impacted by Minnesota emissions
Minnesota; Regional Haze Progress Strategies Section, Air Programs Branch and thus further revision to the SIP was
Report (AR–18J), Environmental Protection unnecessary. EPA is approving
AGENCY: Environmental Protection Agency, Region 5, 77 West Jackson Minnesota’s progress report on the basis
Agency (EPA). Boulevard, Chicago, Illinois 60604, that it satisfies the applicable
ACTION: Final rule.
(312) 886–6524, rau.matthew@epa.gov. requirements of 40 CFR 51.308.
SUPPLEMENTARY INFORMATION: In order to satisfy the requirements for
SUMMARY: The Environmental Protection Best Available Retrofit Technology
Throughout this document whenever
Agency (EPA) is approving Minnesota’s (BART) for certain taconite ore
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
regional haze progress report under the processing facilities in Minnesota, EPA
EPA. This supplementary information
Clean Air Act (CAA) as a revision to the promulgated a Federal Implementation
section is arranged as follows:
Minnesota State Implementation Plan Plan (FIP) for taconite on February 6,
(SIP). Minnesota has satisfied the I. Background 2013, (78 FR 8706) and revised the
progress report requirements of the II. What are EPA’s responses to the taconite FIP on April 12, 2016, (81 FR
Regional Haze Rule. Minnesota also comments? 21672). Minnesota elected to use the
provided a determination of the III. What action is EPA taking? Cross-State Air Pollution Rule (CSAPR)
adequacy of its plan in addressing IV. Statutory and Executive Order Reviews to satisfy BART for its electric
regional haze with its negative I. Background generating units.
declaration, submitted with the progress Two Class I areas are located in
report, that no revisions are needed to States are required to submit a Minnesota, the Boundary Waters Canoe
its plan. progress report every five years that Wilderness Area (Boundary Waters) and
DATES: This final rule is effective on July evaluates progress towards the the Voyageurs National Park
30, 2018. reasonable progress goals (RPGs) for (Voyageurs). Further, Minnesota
ADDRESSES: EPA has established a each mandatory Class I Federal area 1 emissions contribute to visibility
docket for this action under Docket ID (Class I area) within the state and in impairment at a Class I area located out
No. EPA–R05–OAR–2015–0034. All each Class I area outside the state which of state, the Isle Royale National Park
documents in the docket are listed on may be affected by emissions from (Isle Royale) in Michigan.
the www.regulations.gov website. within the state. 40 CFR 51.308(g). A direct final rule (DFR) approving
Although listed in the index, some States are also required to submit, at the the Minnesota regional haze progress
information is not publicly available, same time as the progress report, a report published on October 18, 2017
i.e., Confidential Business Information determination of the adequacy of the (82 FR 48425), along with a proposed
(CBI) or other information whose state’s existing regional haze SIP. 40 rule (82 FR 48472) that provided a 30-
disclosure is restricted by statute. CFR 51.308(h). The first progress report day public comment period. The DFR
amozie on DSK3GDR082PROD with RULES
Certain other material, such as evaluated the Minnesota submission by
copyrighted material, is not placed on 1 Under the CAA, a Class I Federal area is one in assessing its progress in implementing
the internet and will be publicly which visibility is protected more stringently than its regional haze plan during the first
under the national ambient air quality standards.
available only in hard copy form. Class I Federal areas include national parks,
half of the first implementation period
Publicly available docket materials are wilderness areas, monuments, and other areas of as well as the statutory and regulatory
available either through special national and cultural significance. background for EPA’s review of
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![30352 Federal Register / Vol. 83, No. 125 / Thursday, June 28, 2018 / Rules and Regulations
affect the finality of this action for the Reporting and recordkeeping Authority: 42 U.S.C. 7401 et seq.
purposes of judicial review nor does it requirements, Sulfur oxides, Volatile
extend the time within which a petition organic compounds. ■ 2. In § 52.1220, the table in paragraph
for judicial review may be filed, and (e) is amended by adding an entry for
Dated: June 18, 2018.
shall not postpone the effectiveness of ‘‘Regional Haze Progress Report’’ to
Cathy Stepp, follow the entry titled ‘‘Regional Haze
such rule or action. This action may not
Regional Administrator, Region 5. Plan’’ to read as follows:
be challenged later in proceedings to
enforce its requirements. (See section 40 CFR part 52 is amended as follows:
§ 52.1220 Identification of plan.
307(b)(2).)
PART 52—APPROVAL AND * * * * *
List of Subjects in 40 CFR Part 52 PROMULGATION OF (e) * * *
Environmental protection, Air IMPLEMENTATION PLANS
pollution control, Incorporation by
reference, Intergovernmental relations, ■ 1. The authority citation for part 52
Nitrogen dioxide, Particulate matter, continues to read as follows:
EPA—APPROVED MINNESOTA NONREGULATORY PROVISIONS
State
Applicable submittal
geographic or
Name of nonregulatory SIP provision date/ EPA approved date Comments
nonattainment effective
area date
* * * * * * *
Regional Haze Progress Report .................... statewide .......... 12/30/2014 6/28/2018, [insert Federal Register citation]
* * * * * * *
* * * * * ADDRESSES: EPA has established a I. Background
[FR Doc. 2018–13825 Filed 6–27–18; 8:45 am] docket for this action under Docket ID EPA received Nebraska’s November 8,
BILLING CODE 6560–50–P No. EPA–R07–OAR–2017–0386. All 2011, SIP submission. On October 5,
documents in the docket are listed on 2017, EPA proposed to approve the SIP
the https://www.regulations.gov submission from the State of Nebraska.
ENVIRONMENTAL PROTECTION website. Although listed in the index, See 82 FR 46433. In conjunction with
AGENCY some information is not publicly the October 5, 2017 notice of proposed
available, i.e., CBI or other information rulemaking (NPR), EPA issued a direct
40 CFR Part 52 whose disclosure is restricted by statute. final rule (DFR) approving the same SIP
Certain other material, such as submission. See 82 FR 46415. However,
[EPA–R07–OAR–2017–0386; FRL–9979–
85—Region 7]
copyrighted material, is not placed on in the DFR, EPA stated that if EPA
the internet and will be publicly received adverse comments by
Approval of Nebraska Air Quality available only in hard copy form. November 6, 2017, the action would be
Implementation Plans; Adoption of a Publicly available docket materials are withdrawn and not take effect. EPA
New Chapter Under the Nebraska available through https:// received one set of adverse comments
Administrative Code www.regulations.gov or please contact prior to the close of the comment
the person identified in the FOR FURTHER period. EPA withdrew the DFR on
AGENCY: Environmental Protection INFORMATION CONTACT section for November 27, 2017. See 82 FR 55951.
Agency (EPA). additional information. The revision to title 129, adding
ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: Greg chapter 43, Visibility Protection,
Crable, Environmental Protection addressed in this action was originally
SUMMARY: The Environmental Protection Agency, Air Planning and Development proposed and approved during the
Agency (EPA) is taking final action to Branch, 11201 Renner Boulevard, September 8, 2006, Environmental
approve the State Implementation Plan Lenexa, Kansas 66219 at (913) 551– Quality Council (ECQ) meeting.
(SIP) revision submitted by the state of 7391, or by email at crable.gregory@ However, the revision was not approved
Nebraska on November 14, 2011. epa.gov. by Attorney General’s office. On August
Nebraska is adding a new chapter titled 17, 2007, an amended package was re-
‘‘Visibility Protection’’ which provides SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’ submitted to the EQC, at which time it
Nebraska authority to implement was approved by both the EQC and the
Federal regulations relating to Regional and ‘‘our’’ refer to EPA. This section
Attorney General’s office. After the
Haze and Best Available Retrofit provides additional information by
Governor’s signature, the revision
Technology (BART). The new chapter addressing the following:
adding chapter 43 became effective on
incorporates EPA’s Guidelines for BART I. Background February 6, 2008. Chapter 43 was
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Determinations under the Regional Haze II. What is being addressed in this document? submitted to the EPA, as part of a larger
Rule. The revision to the SIP meets the III. Have the requirements for approval of a
SIP revision been met?
SIP package on November 8, 2011. Some
visibility component of the Clean Air of the revisions submitted in November
IV. EPA’s Response to Comments
Act (CAA). V. What action is EPA taking? 2011, were withdrawn by the State for
DATES: This final rule is effective on July VI. Incorporation by Reference various reasons. The remaining
30, 2018. VII. Statutory and Executive Order Reviews revisions to title 129, except for
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Document Created: 2018-11-06 09:55:39
Document Modified: 2018-11-06 09:55:39
| 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 July 30, 2018. | |
| Contact | Matt Rau, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6524, [email protected] | |
| FR Citation | 83 FR 30350 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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