83 FR 36748 - Air Plan Approval; Minnesota; PSD Infrastructure SIP Requirements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 147 (July 31, 2018)
Federal Register Volume 83, Issue 147 (July 31, 2018)
| Page Range | 36748-36751 | |
| FR Document | 2018-16256 |
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)] [Rules and Regulations] [Pages 36748-36751] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16256] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0603; FRL-9981-45--Region 5] Air Plan Approval; Minnesota; PSD Infrastructure SIP Requirements AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving elements of a state implementation plan (SIP) submission from Minnesota regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) relating to Prevention of Significant Deterioration (PSD) 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 Minnesota Pollution Control Agency (MPCA) submitted the SIP revision to EPA on October 4, 2016. DATES: This final rule is effective on August 30, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2016-0603. All documents in the docket are listed on the www.regulations.gov 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 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. Statutory and Executive Order Reviews I. What is the background of this SIP submission? This rulemaking approves a SIP submission from MPCA dated October 4, 2016, which addresses infrastructure requirements relating to PSD 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 CAA 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. CAA 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 infrastructure SIP elements relating to PSD, provided at CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and 110(a)(2)(J). In previous rulemakings, EPA addressed Minnesota's infrastructure obligations under the various NAAQS. On July 13, 2011 (76 FR 41075), EPA approved most elements of Minnesota's infrastructure SIP submittal for the 1997 ozone and 1997 PM2.5 NAAQS. On October 29, 2012 (77 FR 65478), EPA approved most elements of Minnesota's [[Page 36749]] infrastructure SIP submittal for the 2006 PM2.5 NAAQS. On July 16, 2014 (79 FR 41439), EPA approved most elements of Minnesota's infrastructure SIP submittal for the 2008 Pb NAAQS. Finally, on October 20, 2015 (80 FR 63436), EPA approved most elements of Minnesota's infrastructure SIP submittal for the 2008 ozone, 2010 NO2 , 2010 SO2 , and 2012 PM2.5 NAAQS. However, because Minnesota did not have an approved PSD program at the time of these rulemakings, EPA generally disapproved infrastructure SIP elements relating to PSD in the rulemakings.\1\ --------------------------------------------------------------------------- \1\ States may develop and implement their own PSD programs, which are evaluated against EPA's requirements for each component. States may alternatively decline to develop their own program, but instead directly implement Federal PSD rules. At the time of the infrastructure rulemakings referenced above, Minnesota had chosen to implement the federally promulgated PSD rules at 40 CFR 52.21, and EPA had delegated to Minnesota the authority to implement these regulations. The federally promulgated rules satisfied all infrastructure requirements relating to PSD. However, as a delegated program, these infrastructure elements were not approved into the Minnesota SIP. --------------------------------------------------------------------------- MPCA's submission dated October 4, 2016, requested that EPA approve into its SIP Minnesota Rule 7007.3000, which incorporates by reference the Federal PSD rules at 40 CFR 52.21. On July 10, 2017 (82 FR 31741), EPA proposed to approve this request, and on September 26, 2017 (82 FR 44734), EPA finalized approval; the change became effective on October 26, 2017. Therefore, Minnesota is now implementing its own SIP-approved PSD program. In this rulemaking, as requested by Minnesota, EPA is finding that Minnesota has satisfied all infrastructure SIP elements relating to PSD, at CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and 110(a)(2)(J), for the 1997 ozone, 1997 PM2.5 , 2006 PM2.5 , 2008 Pb, 2008 ozone, 2010 NO2 , 2010 SO2 , and 2012 PM2.5 NAAQS. 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 \2\ National Ambient Air Quality Standards'' (2007 Guidance).\3\ 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).\4\ --------------------------------------------------------------------------- \2\ PM2.5 refers to particles with an aerodynamic diameter of less than or equal to 2.5 micrometers, oftentimes referred to as ``fine'' particles. \3\ https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20071002_harnett_110(a)_sip_guidance.pdf. \4\ https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf. --------------------------------------------------------------------------- III. What is the result of EPA's review of this SIP submission? Pursuant to CAA section 110(a), states must provide reasonable notice and opportunity for public hearing for all infrastructure SIP submissions. MPCA commenced a public comment period on June 20, 2016, and closed the public comment period on July 20, 2016. Minnesota received three comments, and provided a response to comments in its submittal. Minnesota provided a synopsis of how its SIP meets each of the applicable requirements in CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and 110(a)(2)(J) 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 May 17, 2018 (83 FR 22913), EPA published a proposed rule that would approve this submission into Minnesota's SIP. This proposed rule contained a detailed evaluation of how Minnesota's submission satisfies certain requirements under CAA section 110. Two comments were received; neither is relevant to this rulemaking. Therefore, EPA is finalizing this rule as proposed. IV. What action is EPA taking? EPA is approving the submission from Minnesota certifying that its current SIP is sufficient to meet the infrastructure SIP requirements relating to PSD, at CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and 110(a)(2)(J), for the 1997 ozone, 1997 PM2.5 , 2006 PM2.5 , 2008 Pb, 2008 ozone, 2010 NO2 , 2010 SO2 , and 2012 PM2.5 NAAQS. EPA is also making some consistency and clarification edits to Minnesota's infrastructure SIP table in 40 CFR 52.1220. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 [[Page 36750]] 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 October 1, 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: July 17, 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: 0 i. Removing the entry for ``CAA 110(a)(2)(D)(i) SIP-Interstate Transport''. 0 ii. Revising the entries for ``Section 110(a)(2) Infrastructure Requirements for the 1997 8-hour ozone NAAQS''; ``Section 110(a)(2) Infrastructure Requirements for the 1997 PM 2.5 NAAQS''; ``Section 110(a)(2) Infrastructure Requirements for the 2006 24-Hour PM2.5 NAAQS''; ``Section 110(a)(2) Infrastructure Requirements for the 2008 lead (Pb) NAAQS''; ``Section 110(a)(2) Infrastructure Requirements for the 2008 ozone NAAQS''; ``Section 110(a)(2) Infrastructure Requirements for the 2010 nitrogen dioxide (NO2 ) NAAQS''; ``Section 110(a)(2) Infrastructure Requirements for the 2010 sulfur dioxide (SO2 ) NAAQS''; and ``Section 110(a)(2) Infrastructure Requirements for the 2012 fine particulate matter (PM2.5 ) NAAQS''. The revisions reads as follows: Sec. 52.1220 Identification of plan. * * * * * (e) * * * EPA-Approved Minnesota Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- State submittal Name of nonregulatory SIP Applicable geographic date/ effective EPA approved Comments provision or nonattainment area date date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 110(a)(2) Statewide............ 10/23/2007, 11/ 7/31/2018, Fully approved for Infrastructure Requirements 29/2007, 5/26/ [insert Federal all CAA elements. for the 1997 8-Hour Ozone 2016 and 10/4/ Register NAAQS. 2016. citation]. Section 110(a)(2) Statewide............ 10/23/2007, 11/ 7/31/2018, Fully approved for Infrastructure Requirements 29/2007, 5/26/ [insert Federal all CAA elements. for the 1997 PM2.5 NAAQS. 2016 and 10/4/ Register 2016. citation]. Section 110(a)(2) Statewide............ 5/23/2011, 5/26/ 7/31/2018, Fully approved for Infrastructure Requirements 2016 and 10/4/ [insert Federal all CAA elements for the 2006 24-Hour PM2.5 2016. Register except (D)(i)(I), NAAQS. citation]. which has been remedied with a FIP, and the visibility protection requirements of (D)(i)(II). Section 110(a)(2) Statewide............ 6/19/2012, 5/26/ 7/31/2018, Fully approved for Infrastructure Requirements 2016 and 10/4/ [insert Federal all CAA elements. for the 2008 lead (Pb) NAAQS. 2016. Register citation]. Section 110(a)(2) Statewide............ 6/12/2014, 5/26/ 7/31/2018, Fully approved for Infrastructure Requirements 2016 and 10/4/ [insert Federal all CAA elements for the 2008 ozone NAAQS. 2016. Register except the citation]. visibility protection requirements of (D)(i)(II). Section 110(a)(2) Statewide............ 6/12/2014, 5/26/ 7/31/2018, Fully approved for Infrastructure Requirements 2016 and 10/4/ [insert Federal all CAA elements for the 2010 nitrogen dioxide 2016. Register except the (NO2) NAAQS. citation]. visibility protection requirements of (D)(i)(II). Section 110(a)(2) Statewide............ 6/12/2014, 5/26/ 7/31/2018, Fully approved for Infrastructure Requirements 2016 and 10/4/ [insert Federal all CAA elements for the 2010 sulfur dioxide 2016. Register except (D)(i)(I) and (SO2) NAAQS. citation]. the visibility protection requirements of (D)(i)(II). Section 110(a)(2) Statewide............ 6/12/2014, 5/26/ 7/31/2018, Fully approved for Infrastructure Requirements 2016 and 10/4/ [insert Federal all CAA elements for the 2012 fine particulate 2016. Register except (D)(i)(I) and matter (PM2.5) NAAQS. citation]. the visibility protection requirements of (D)(i)(II). ---------------------------------------------------------------------------------------------------------------- [[Page 36751]] [FR Doc. 2018-16256 Filed 7-30-18; 8:45 am] BILLING CODE 6560-50-P
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ADPR 1 ENVIRONMENTAL PROTECTION ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Inbound International * AGENCY EPA. This supplementary information
section is arranged as follows:
International Business Reply Service (IBRS) 40 CFR Part 52
Competitive Contracts I. What is the background of this SIP
[EPA–R05–OAR–2016–0603; FRL–9981– submission?
International Business Reply Service
45—Region 5] II. What guidance is EPA using to evaluate
Competitive Contract 1 this SIP submission?
International Business Reply Service Air Plan Approval; Minnesota; PSD III. What is the result of EPA’s review of this
Competitive Contract 3 Infrastructure SIP Requirements SIP submission?
Inbound Direct Entry Contracts with IV. What action is EPA taking?
Customers AGENCY: Environmental Protection V. Statutory and Executive Order Reviews
Inbound Direct Entry Contracts with Foreign Agency (EPA).
Postal Administrations I. What is the background of this SIP
ACTION: Final rule.
Inbound Direct Entry Contracts with Foreign submission?
Postal Administrations SUMMARY: The Environmental Protection This rulemaking approves a SIP
Inbound Direct Entry Contracts with Foreign Agency (EPA) is approving elements of submission from MPCA dated October
Postal Administrations 1 a state implementation plan (SIP) 4, 2016, which addresses infrastructure
Inbound EMS submission from Minnesota regarding requirements relating to PSD for the
Inbound EMS 2 the infrastructure requirements of 1997 ozone, 1997 PM2.5, 2006 PM2.5,
Inbound Air Parcel Post (at non-UPU rates) section 110 of the Clean Air Act (CAA) 2008 Pb, 2008 ozone, 2010 NO2, 2010
Royal Mail Group Inbound Air Parcel Post relating to Prevention of Significant SO2, and 2012 PM2.5 NAAQS.
Agreement Deterioration (PSD) for the 1997 ozone, The requirement for states to make
Inbound Competitive Multi-Service 1997 fine particulate (PM2.5), 2006 infrastructure SIP submissions arises
Agreements with Foreign Postal PM2.5, 2008 lead (Pb), 2008 ozone, 2010 out of CAA section 110(a)(1). Pursuant
Operators nitrogen dioxide (NO2), 2010 sulfur to CAA section 110(a)(1), states must
Inbound Competitive Multi-Service dioxide (SO2), and 2012 PM2.5 National make SIP submissions ‘‘within 3 years
Agreements with Foreign Postal Ambient Air Quality Standards (or such shorter period as the
Operators 1 (NAAQS). The Minnesota Pollution Administrator may prescribe) after the
Control Agency (MPCA) submitted the promulgation of a national primary
Special Services *
SIP revision to EPA on October 4, 2016. ambient air quality standard (or any
Address Enhancement Services DATES: This final rule is effective on revision thereof),’’ and these SIP
Greeting Cards, Gift Cards, and Stationery August 30, 2018. submissions are to provide for the
International Ancillary Services ADDRESSES: EPA has established a ‘‘implementation, maintenance, and
International Money Transfer Service—
docket for this action under Docket ID enforcement’’ of such NAAQS. The
Outbound
No. EPA–R05–OAR–2016–0603. All statute directly imposes on states the
International Money Transfer Service—
documents in the docket are listed on duty to make these SIP submissions,
Inbound
the www.regulations.gov website. and the requirement to make the
Premium Forwarding Service
Although listed in the index, some submissions is not conditioned upon
Shipping and Mailing Supplies
information is not publicly available, EPA’s taking any action other than
Post Office Box Service
i.e., Confidential Business Information promulgating a new or revised NAAQS.
Competitive Ancillary Services
(CBI) or other information whose CAA section 110(a)(2) includes a list of
Nonpostal Services * disclosure is restricted by statute. specific elements that ‘‘[e]ach such
Advertising Certain other material, such as plan’’ submission must address.
Licensing of Intellectual Property other than copyrighted material, is not placed on EPA has historically referred to these
Officially Licensed Retail the internet and will be publicly SIP submissions made for the purpose
Products (OLRP) available only in hard copy form. of satisfying the requirements of CAA
Mail Service Promotion Publicly available docket materials are section 110(a)(1) and (2) as
Officially Licensed Retail Products (OLRP) available either through ‘‘infrastructure SIP’’ submissions.
Passport Photo Service www.regulations.gov or at the Although the term ‘‘infrastructure SIP’’
Photocopying Service Environmental Protection Agency, does not appear in the CAA, EPA uses
Rental, Leasing, Licensing or other Non-Sale Region 5, Air and Radiation Division, 77 the term to distinguish this particular
Disposition of Tangible Property West Jackson Boulevard, Chicago, type of SIP submission from
Training Facilities and Related Services Illinois 60604. This facility is open from submissions that are intended to satisfy
USPS Electronic Postmark (EPM) Program 8:30 a.m. to 4:30 p.m., Monday through other SIP requirements under the CAA.
Friday, excluding Federal holidays. We This specific rulemaking is only taking
Market Tests * recommend that you telephone Eric action on the infrastructure SIP
Customized Delivery Svingen, Environmental Engineer, at elements relating to PSD, provided at
Global eCommerce Marketplace (GeM) (312) 353–4489 before visiting the CAA sections 110(a)(2)(C),
Region 5 office. 110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and
Ruth Ann Abrams, FOR FURTHER INFORMATION CONTACT: Eric 110(a)(2)(J).
Acting Secretary. Svingen, Environmental Engineer, In previous rulemakings, EPA
[FR Doc. 2018–16267 Filed 7–30–18; 8:45 am]
Attainment Planning and Maintenance addressed Minnesota’s infrastructure
Section, Air Programs Branch (AR–18J), obligations under the various NAAQS.
daltland on DSKBBV9HB2PROD with RULES
BILLING CODE 7710–FW–P
Environmental Protection Agency, On July 13, 2011 (76 FR 41075), EPA
Region 5, 77 West Jackson Boulevard, approved most elements of Minnesota’s
Chicago, Illinois 60604, (312) 353–4489, infrastructure SIP submittal for the 1997
svingen.eric@epa.gov. ozone and 1997 PM2.5 NAAQS. On
SUPPLEMENTARY INFORMATION: October 29, 2012 (77 FR 65478), EPA
Throughout this document whenever approved most elements of Minnesota’s
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copy of the rule, to each House of the enforce its requirements. (See section ■ ii. Revising the entries for ‘‘Section
Congress and to the Comptroller General 307(b)(2).) 110(a)(2) Infrastructure Requirements
of the United States. EPA will submit a List of Subjects in 40 CFR Part 52 for the 1997 8-hour ozone NAAQS’’;
report containing this action and other ‘‘Section 110(a)(2) Infrastructure
required information to the U.S. Senate, Environmental protection, Air Requirements for the 1997 PM2.5
the U.S. House of Representatives, and pollution control, Incorporation by NAAQS’’; ‘‘Section 110(a)(2)
the Comptroller General of the United reference, Intergovernmental relations,
Infrastructure Requirements for the 2006
States prior to publication of the rule in Lead, Nitrogen dioxide, Ozone,
24-Hour PM2.5 NAAQS’’; ‘‘Section
the Federal Register. A major rule Particulate matter, Reporting and
recordkeeping requirements, Sulfur 110(a)(2) Infrastructure Requirements
cannot take effect until 60 days after it for the 2008 lead (Pb) NAAQS’’;
is published in the Federal Register. oxides, Volatile organic compounds.
‘‘Section 110(a)(2) Infrastructure
This action is not a ‘‘major rule’’ as Dated: July 17, 2018.
Requirements for the 2008 ozone
defined by 5 U.S.C. 804(2). Cathy Stepp, NAAQS’’; ‘‘Section 110(a)(2)
Under section 307(b)(1) of the CAA, Regional Administrator, Region 5. Infrastructure Requirements for the 2010
petitions for judicial review of this 40 CFR part 52 is amended as follows: nitrogen dioxide (NO2) NAAQS’’;
action must be filed in the United States ‘‘Section 110(a)(2) Infrastructure
Court of Appeals for the appropriate PART 52—APPROVAL AND Requirements for the 2010 sulfur
circuit by October 1, 2018. Filing a PROMULGATION OF dioxide (SO2) NAAQS’’; and ‘‘Section
petition for reconsideration by the IMPLEMENTATION PLANS
110(a)(2) Infrastructure Requirements
Administrator of this final rule does not for the 2012 fine particulate matter
■ 1. The authority citation for part 52
affect the finality of this action for the (PM2.5) NAAQS’’.
continues to read as follows:
purposes of judicial review nor does it
extend the time within which a petition Authority: 42 U.S.C. 7401 et seq. The revisions reads as follows:
for judicial review may be filed, and ■ 2. In § 52.1220, the table in paragraph § 52.1220 Identification of plan.
shall not postpone the effectiveness of (e) is amended by:
such rule or action. This action may not ■ i. Removing the entry for ‘‘CAA
* * * * *
be challenged later in proceedings to 110(a)(2)(D)(i) SIP-Interstate Transport’’. (e) * * *
EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS
Applicable
Name of nonregulatory SIP geographic or State submittal date/ EPA approved date Comments
provision nonattainment effective date
area
* * * * * * *
Section 110(a)(2) Infrastruc- Statewide .......... 10/23/2007, 11/29/2007, 5/ 7/31/2018, [insert Federal Fully approved for all CAA ele-
ture Requirements for the 26/2016 and 10/4/2016. Register citation]. ments.
1997 8-Hour Ozone
NAAQS.
Section 110(a)(2) Infrastruc- Statewide .......... 10/23/2007, 11/29/2007, 5/ 7/31/2018, [insert Federal Fully approved for all CAA ele-
ture Requirements for the 26/2016 and 10/4/2016. Register citation]. ments.
1997 PM2.5 NAAQS.
Section 110(a)(2) Infrastruc- Statewide .......... 5/23/2011, 5/26/2016 and 7/31/2018, [insert Federal Fully approved for all CAA elements
ture Requirements for the 10/4/2016. Register citation]. except (D)(i)(I), which has been
2006 24-Hour PM2.5 remedied with a FIP, and the visi-
NAAQS. bility protection requirements of
(D)(i)(II).
Section 110(a)(2) Infrastruc- Statewide .......... 6/19/2012, 5/26/2016 and 7/31/2018, [insert Federal Fully approved for all CAA ele-
ture Requirements for the 10/4/2016. Register citation]. ments.
2008 lead (Pb) NAAQS.
Section 110(a)(2) Infrastruc- Statewide .......... 6/12/2014, 5/26/2016 and 7/31/2018, [insert Federal Fully approved for all CAA elements
ture Requirements for the 10/4/2016. Register citation]. except the visibility protection re-
2008 ozone NAAQS. quirements of (D)(i)(II).
Section 110(a)(2) Infrastruc- Statewide .......... 6/12/2014, 5/26/2016 and 7/31/2018, [insert Federal Fully approved for all CAA elements
ture Requirements for the 10/4/2016. Register citation]. except the visibility protection re-
2010 nitrogen dioxide quirements of (D)(i)(II).
(NO2) NAAQS.
Section 110(a)(2) Infrastruc- Statewide .......... 6/12/2014, 5/26/2016 and 7/31/2018, [insert Federal Fully approved for all CAA elements
ture Requirements for the 10/4/2016. Register citation]. except (D)(i)(I) and the visibility
2010 sulfur dioxide (SO2) protection requirements of
NAAQS. (D)(i)(II).
Section 110(a)(2) Infrastruc- Statewide .......... 6/12/2014, 5/26/2016 and 7/31/2018, [insert Federal Fully approved for all CAA elements
ture Requirements for the 10/4/2016. Register citation]. except (D)(i)(I) and the visibility
daltland on DSKBBV9HB2PROD with RULES
2012 fine particulate mat- protection requirements of
ter (PM2.5) NAAQS. (D)(i)(II).
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[FR Doc. 2018–16256 Filed 7–30–18; 8:45 am] (AR–18J), Environmental Protection 40 CFR part 53. Further, administrative
BILLING CODE 6560–50–P Agency, Region 5, 77 West Jackson revisions were made to IDEM’s other
Boulevard, Chicago, Illinois 60604, ambient air quality standards in 326 IAC
(312) 886–6524, rau.matthew@epa.gov. 1–3–4. IDEM submitted the SIP revision
ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: request on September 7, 2017.
AGENCY Throughout this document whenever IV. Incorporation by Reference
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
40 CFR Part 52 In this rule, EPA is finalizing
EPA. This supplementary information
[EPA–R05–OAR–2017–0535; FRL–9981– section is arranged as follows: regulatory text that includes
46—Region 5] incorporation by reference. In
I. Background accordance with requirements of 1 CFR
II. Public Comment 51.5, EPA is finalizing the incorporation
Air Plan Approval; Indiana; Air Quality III. What action is EPA taking?
Standards Update for the 2015 Ozone IV. Incorporation by Reference
by reference of the Indiana Regulations
Standard V. Statutory and Executive Order Reviews described in the amendments to 40 CFR
part 52 set forth below. EPA has made,
AGENCY: Environmental Protection and will continue to make, these
I. Background
Agency (EPA). documents generally available through
ACTION: Final rule. On October 26, 2015 (80 FR 65291), www.regulations.gov, and at the EPA
EPA revised the primary and secondary Region 5 Office (please contact the
SUMMARY: The Environmental Protection ozone NAAQS from 0.075 to 0.070 parts person identified in the FOR FURTHER
Agency (EPA) is approving a September per million (ppm), daily maximum 8- INFORMATION CONTACT section of this
7, 2017, request by the Indiana hour concentration, codified at 40 CFR preamble for more information).
Department of Environmental 50.19. EPA also revised the monitoring Therefore, these materials have been
Management (IDEM) to revise the test methods for ozone, which are approved by EPA for inclusion in the
Indiana state implementation plan (SIP) codified at 40 CFR part 50, appendices State implementation plan, have been
for ozone. IDEM revised its ozone D and U, and at 40 CFR part 53. incorporated by reference by EPA into
standard in order to be consistent with On April 11, 2017, IDEM revised its that plan, are fully federally enforceable
EPA’s 2015 revisions to the 8-hour ambient air quality primary and under sections 110 and 113 of the CAA
national ambient air quality standards secondary standards for ozone to be as of the effective date of the final
(NAAQS). IDEM also revised references consistent with EPA’s 2015 revision, rulemaking of EPA’s approval, and will
to the monitoring test methods in its and codified that revision at 326 Indiana be incorporated by reference in the next
rules to be consistent with the current Administrative Code (IAC) 1–3–4, update to the SIP compilation.1
EPA test methods. EPA is also Ambient Air Quality Standards. IDEM
approving administrative revisions to revised 326 IAC 1–3–4(4)(B) to update V. Statutory and Executive Order
regulations addressing other ambient air its references to the Federal monitoring Reviews
quality standards. test methods. Indiana also made Under the Clean Air Act, the
DATES: This final rule is effective on administrative revisions throughout 326 Administrator is required to approve a
August 30, 2018. IAC 1–3–4 for ambient air quality SIP submission that complies with the
ADDRESSES: EPA has established a
standards other than ozone. This provisions of the Clean Air Act and
docket for this action under Docket ID includes changing ‘‘shall represent’’ to applicable Federal regulations. 42
No. EPA–R05–OAR–2017–0535. All ‘‘represents’’ and ‘‘shall’’ to ‘‘must.’’ U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
documents in the docket are listed on On September 7, 2017, IDEM in reviewing SIP submissions, EPA’s
the www.regulations.gov website. submitted the revisions of 326 IAC 1–3– role is to approve state choices,
Although listed in the index, some 4 to EPA and requested their approval provided that they meet the criteria of
information is not publicly available, into the Indiana SIP. EPA proposed the Clean Air Act. Accordingly, this
i.e., Confidential Business Information approving 326 IAC 1–3–4, as revised, on action merely approves state law as
(CBI) or other information whose May 2, 2018 (83 FR 19194). meeting Federal requirements and does
disclosure is restricted by statute. II. Public Comment not impose additional requirements
Certain other material, such as beyond those imposed by state law. For
A public comment period was that reason, this action:
copyrighted material, is not placed on
the internet and will be publicly
provided in the May 2, 2018 (83 FR • Is not a significant regulatory action
19194) proposed rule. The comment subject to review by the Office of
available only in hard copy form.
period closed on June 1, 2018. Two Management and Budget under
Publicly available docket materials are
comments were submitted during the Executive Orders 12866 (58 FR 51735,
available either through
comment period. Both comments raised October 4, 1993) and 13563 (76 FR 3821,
www.regulations.gov or at the
issues outside the scope of this January 21, 2011);
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
rulemaking. • Is not an Executive Order 13771 (82
West Jackson Boulevard, Chicago, III. What action is EPA taking? FR 9339, February 2, 2017) regulatory
Illinois 60604. This facility is open from action because SIP approvals are
EPA is approving revisions related to exempted under Executive Order 12866;
8:30 a.m. to 4:30 p.m., Monday through Indiana’s ambient air quality standards • Does not impose an information
Friday, excluding Federal holidays. We in 326 IAC 1–3–4 into the Indiana SIP. collection burden under the provisions
recommend that you telephone Matt The revisions to 326 IAC 1–3–4 include
daltland on DSKBBV9HB2PROD with RULES
of the Paperwork Reduction Act (44
Rau, Environmental Engineer, at (312) making IDEM’s ozone standard U.S.C. 3501 et seq.);
886–6524 before visiting the Region 5 consistent with the 2015 8-hour ozone • Is certified as not having a
office. NAAQS, as codified at 40 CFR part 50, significant economic impact on a
FOR FURTHER INFORMATION CONTACT: Matt and making IDEM’s monitoring test substantial number of small entities
Rau, Environmental Engineer, Control methods for ozone consistent with the
Strategies Section, Air Programs Branch methods codified at 40 CFR part 50 and 1 62 FR 27968 (May 22, 1997).
VerDate Sep<11>2014 16:21 Jul 30, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM 31JYR1](https://thefederalregister.org/doc/83_FR_36895/page/4.svg)
Document Created: 2018-11-06 10:29:57
Document Modified: 2018-11-06 10:29:57
| 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 August 30, 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 | 83 FR 36748 | |
| 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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