83_FR_51045 83 FR 50849 - Air Plan Approval; Minnesota; Infrastructure SIP Requirements for the 2012 PM2.5

83 FR 50849 - Air Plan Approval; Minnesota; Infrastructure SIP Requirements for the 2012 PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 196 (October 10, 2018)

Page Range50849-50851
FR Document2018-21875

The Environmental Protection Agency (EPA) is approving elements of the State Implementation Plan (SIP) submission from Minnesota regarding the infrastructure requirements of section 110 of the Clean Air Act (CAA) for the 2012 annual fine particulate matter (PM<INF>2.5</INF>) National Ambient Air Quality Standard (NAAQS or standard). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. This action pertains specifically to infrastructure requirements concerning interstate transport provisions.

Federal Register, Volume 83 Issue 196 (Wednesday, October 10, 2018)
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Rules and Regulations]
[Pages 50849-50851]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21875]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0060; FRL-9985-12-Region 5]


Air Plan Approval; Minnesota; Infrastructure SIP Requirements for 
the 2012 PM2.5 NAAQS; Multistate Transport

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of the State Implementation Plan (SIP) submission from 
Minnesota regarding the infrastructure requirements of section 110 of 
the Clean Air Act (CAA) for the 2012 annual fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS or 
standard). The infrastructure requirements are designed to ensure that 
the structural components of each state's air quality management 
program are adequate to meet the state's responsibilities under the 
CAA. This action pertains specifically to infrastructure requirements 
concerning interstate transport provisions.

DATES: This final rule is effective on November 9, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0060. 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.

[[Page 50850]]

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 Anthony Maietta, Environmental Protection Specialist, at 
(312) 353-8777 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental 
Protection Specialist, Control Strategies Section, Air Programs Branch 
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[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 being addressed by this document?
II. What comments did we receive on the proposed action?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed by this document?

    On January 23, 2017, the Minnesota Pollution Control Agency (MPCA) 
submitted a request for EPA to approve its infrastructure SIP for the 
2012 annual PM2.5 NAAQS. On August 13, 2018, EPA proposed to 
approve the portion of the submission dealing with requirements one and 
two (otherwise known as ``prongs'' one and two) of the provision for 
interstate pollution transport under Clean Air Act Section 
110(a)(2)(D)(i), also known as the ``good neighbor'' provision.\1\
---------------------------------------------------------------------------

    \1\ There are four prongs to the Section 110(a)(2)(D)(i) ``good 
neighbor'' provision, which are: Prohibit any source or other type 
of emissions activity in one state from contributing significantly 
to nonattainment of the NAAQS in another state (prong one); prohibit 
any source or other type of emissions activity in one state from 
interfering with maintenance of the NAAQS in another state (prong 
two); prohibit any source or other type of emissions activity in one 
state from interfering with measures required to prevent significant 
deterioration (PSD) of air quality in another state (prong three); 
and protect visibility in another state (prong four).
---------------------------------------------------------------------------

    The January 23, 2017 MPCA submittal included a demonstration that 
Minnesota's SIP contains sufficient major programs related to the 
interstate transport of pollution. Minnesota's submittal also included 
a technical analysis of its interstate transport of pollution relative 
to the 2012 PM2.5 NAAQS that demonstrates that current 
controls are adequate for Minnesota to show that it meets prongs one 
and two of the ``good neighbor'' provision. After review, EPA proposed 
to approve Minnesota's request relating to prongs one and two of the 
``good neighbor'' provision.

II. What comments did we receive on the proposed action?

    Our August 13, 2018 proposed rule provided a 30-day review and 
comment period. The comment period closed on September 12, 2018. EPA 
did not receive any comments on the proposed action.

III. What action is EPA taking?

    EPA is approving the portion of Minnesota's January 23, 2017 
submission certifying that the current Minnesota SIP is sufficient to 
meet the required infrastructure requirements under CAA section 
110(a)(2)(D)(i)(I), specifically prongs one and two, as set forth 
above.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 10, 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

[[Page 50851]]

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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: September 25, 2018.
James Payne,
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 
2012 fine particulate matter (PM2.5) NAAQS'' to read 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 date       Comments
           provision              or nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 110(a)(2)                Statewide.............  6/12/2014, 5/26/   10/10/2018,        Fully approved
 Infrastructure Requirements                              2016 and 1/23/     [Insert Federal    for all CAA
 for the 2012 fine particulate                            2017.              Register           elements except
 matter (PM2.5) NAAQS.                                                       citation].         the visibility
                                                                                                protection
                                                                                                requirements of
                                                                                                (D)(i)(II).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-21875 Filed 10-9-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations                                             50849

                                                (iii) Disposal. Requirements as                         (b) Specific requirements. The                      apply to this section except as modified
                                             specified in § 721.85(a)(1), (a)(2), (b)(1),             provisions of subpart A of this part                  by this paragraph (b).
                                             (b)(2), (c)(1), (c)(2).                                  apply to this section except as modified                 (1) Recordkeeping. Recordkeeping
                                                (iv) Release to water. Requirements as                by this paragraph (b).                                requirements as specified in
                                             specified in § 721.90(a)(1), (b)(1), (c)(1).               (1) Recordkeeping. Recordkeeping                    § 721.125(a) through (i) and (k) are
                                                (b) Specific requirements. The                        requirements as specified in                          applicable to manufacturers and
                                             provisions of subpart A of this part                     § 721.125(a) through (i).                             processors of this substance.
                                             apply to this section except as modified                   (2) Limitations or revocation of                       (2) Limitations or revocation of
                                             by this paragraph (b).                                   certain notification requirements. The                certain notification requirements. The
                                                (1) Recordkeeping. Recordkeeping                      provision of § 721.185 apply to this                  provisions of § 721.185 apply to this
                                             requirements as specified in                             section.                                              section.
                                             § 721.125(a) through (e), (j), and (k) are                                                                        (3) Determining whether a specific use
                                                                                                      ■ 12. Add § 721.11181 to subpart E to
                                             applicable to manufacturers and                                                                                is subject to this section. The provisions
                                                                                                      read as follows:
                                             processors of this substance.                                                                                  of § 721.1725(b)(1) apply to paragraph
                                                (2) Limitations or revocation of                      § 721.11181 Heteromonocycle, 2-                       (a)(2)(iii) of this section.
                                                                                                      [(bicarbomonocycle-2-substituted)alkyl]-              [FR Doc. 2018–21871 Filed 10–9–18; 8:45 am]
                                             certain notification requirements. The
                                             provisions of § 721.185 apply to this                    (generic).                                            BILLING CODE 6560–50–P

                                             section.                                                    (a) Chemical substance and
                                                (3) Determining whether a specific use                significant new uses subject to reporting.
                                                                                                      (1) The chemical substance identified                 ENVIRONMENTAL PROTECTION
                                             is subject to this section. The provisions
                                                                                                      generically as heteromonocycle, 2-                    AGENCY
                                             of § 721.1725(b)(1) apply to paragraph
                                             (a)(2)(iii) of this section.                             [(bicarbomonocycle-2-substituted)alkyl]-
                                                                                                                                                            40 CFR Part 52
                                             ■ 11. Add § 721.11180 to subpart E to
                                                                                                      (PMN P–17–353) is subject to reporting
                                             read as follows:                                         under this section for the significant                [EPA–R05–OAR–2017–0060; FRL–9985–12–
                                                                                                      new uses described in paragraph (a)(2)                Region 5]
                                             § 721.11180 Arenesulfonic acid, alkyl                    of this section. The requirements of this
                                             derivatives, metal salts (generic).                      section do not apply to quantities of the             Air Plan Approval; Minnesota;
                                                                                                      substance after they have been reacted                Infrastructure SIP Requirements for
                                                (a) Chemical substance and
                                                                                                      (cured).                                              the 2012 PM2.5 NAAQS; Multistate
                                             significant new uses subject to reporting.
                                                                                                         (2) The significant new uses are:                  Transport
                                             (1) The chemical substance identified
                                             generically as arenesulfonic acid, alkyl                    (i) Protection in the workplace.                   AGENCY:  Environmental Protection
                                             derivatives, metal salts (PMN P–17–283)                  Requirements as specified in                          Agency (EPA).
                                             is subject to reporting under this section               § 721.63(a)(1), (a)(2)(i), (ii), (iii), (iv),         ACTION: Final rule.
                                             for the significant new uses described in                (a)(3), (when determining which
                                             paragraph (a)(2) of this section.                        persons are reasonably likely to be                   SUMMARY:    The Environmental Protection
                                                (2) The significant new uses are:                     exposed as required for § 721.63(a)(1),               Agency (EPA) is approving elements of
                                                (i) Protection in the workplace.                      engineering control measures (e.g.                    the State Implementation Plan (SIP)
                                             Requirements as specified in                             enclosure or confinement of the                       submission from Minnesota regarding
                                             § 721.63(a)(1), (a)(2)(i), (iii), (a)(3),                operation, general and local ventilation)             the infrastructure requirements of
                                             (when determining which persons are                      or administrative control measures (e.g.              section 110 of the Clean Air Act (CAA)
                                             reasonably likely to be exposed as                       workplace policies and procedures)                    for the 2012 annual fine particulate
                                             required for § 721.63(a)(1), engineering                 shall be considered and implemented to                matter (PM2.5) National Ambient Air
                                             control measures (e.g. enclosure or                      prevent exposure, where feasible), (b)                Quality Standard (NAAQS or standard).
                                             confinement of operation, general and                    (concentration set at 0.1%), and (c).                 The infrastructure requirements are
                                             local ventilation) or administrative                        (ii) Hazard communication.                         designed to ensure that the structural
                                             control measures (e.g. workplace                         Requirements as specified in § 721.72(a)              components of each state’s air quality
                                             policies and procedures) shall be                        through (e) (concentration set at 0.1%),              management program are adequate to
                                             considered and implemented to prevent                    (f), (g)(1), (g)(1)(iv), (vi), (vii), (ix),           meet the state’s responsibilities under
                                             exposure, where feasible), (b)                           (mutagenicity), (eye, skin, lung, and                 the CAA. This action pertains
                                             (concentration set at 1.0%), and (c).                    mucous membrane irritation), (skin and                specifically to infrastructure
                                                (ii) Hazard communication.                            lung sensitization), (g)(2)(i), (ii), (iii), (v),     requirements concerning interstate
                                             Requirements as specified in § 721.72(a)                 (avoid workplace airborne                             transport provisions.
                                             through (e) (concentration set at 1.0%),                 concentrations), (g)(3)(i), (ii), (g)(4)(iii),        DATES: This final rule is effective on
                                             (f), (g)(1)(skin sensitization), (eye                    and (g)(5). Alternative hazard and                    November 9, 2018.
                                             irritation), (lung effects), (skin                       warning statements that meet the                      ADDRESSES: EPA has established a
                                             corrosion), (g)(2)(i), (iii), (v), and (g)(5).           criteria of the Globally Harmonized                   docket for this action under Docket ID
                                             Alternative hazard and warning                           System and OSHA Hazard                                No. EPA–R05–OAR–2017–0060. All
                                             statements that meet the criteria of the                 Communication Standard may be used.                   documents in the docket are listed on
                                             Globally Harmonized System and OSHA                         (iii) Industrial, commercial, and                  the www.regulations.gov website.
                                             Hazard Communication Standard may                        consumer activities: Requirements as                  Although listed in the index, some
                                             be used.                                                 specified in § 721.80(f) and (k). It is a             information is not publicly available,
                                                (iii) Industrial, commercial, and                     significant new use to process or use the             i.e., Confidential Business Information
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                                             consumer activities. Requirements as                     substance in any manner that generates                (CBI) or other information whose
                                             specified in § 721.80(p) (6 months). It is               a vapor, spray, mist, or aerosol.                     disclosure is restricted by statute.
                                             a significant new use to manufacture,                       (iv) Release to water. Requirements as             Certain other material, such as
                                             process or use the substance in any                      specified in § 721.90(b)(1) and (c)(1).               copyrighted material, is not placed on
                                             manner way that results in generation of                    (b) Specific requirements. The                     the internet and will be publicly
                                             a vapor, mist, spray, or aerosol.                        provisions of subpart A of this part                  available only in hard copy form.


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                                             50850            Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations

                                             Publicly available docket materials are                  show that it meets prongs one and two                 Order 13132 (64 FR 43255, August 10,
                                             available either through                                 of the ‘‘good neighbor’’ provision. After             1999);
                                             www.regulations.gov or at the                            review, EPA proposed to approve                          • Is not an economically significant
                                             Environmental Protection Agency,                         Minnesota’s request relating to prongs                regulatory action based on health or
                                             Region 5, Air and Radiation Division, 77                 one and two of the ‘‘good neighbor’’                  safety risks subject to Executive Order
                                             West Jackson Boulevard, Chicago,                         provision.                                            13045 (62 FR 19885, April 23, 1997);
                                             Illinois 60604. This facility is open from
                                                                                                      II. What comments did we receive on                      • Is not a significant regulatory action
                                             8:30 a.m. to 4:30 p.m., Monday through                                                                         subject to Executive Order 13211 (66 FR
                                             Friday, excluding Federal holidays. We                   the proposed action?
                                                                                                                                                            28355, May 22, 2001);
                                             recommend that you telephone Anthony                        Our August 13, 2018 proposed rule                     • Is not subject to requirements of
                                             Maietta, Environmental Protection                        provided a 30-day review and comment                  Section 12(d) of the National
                                             Specialist, at (312) 353–8777 before                     period. The comment period closed on                  Technology Transfer and Advancement
                                             visiting the Region 5 office.                            September 12, 2018. EPA did not                       Act of 1995 (15 U.S.C. 272 note) because
                                             FOR FURTHER INFORMATION CONTACT:                         receive any comments on the proposed                  application of those requirements would
                                             Anthony Maietta, Environmental                           action.                                               be inconsistent with the CAA; and
                                             Protection Specialist, Control Strategies                III. What action is EPA taking?                          • Does not provide EPA with the
                                             Section, Air Programs Branch (AR–18J),                                                                         discretionary authority to address, as
                                             Environmental Protection Agency,                            EPA is approving the portion of                    appropriate, disproportionate human
                                             Region 5, 77 West Jackson Boulevard,                     Minnesota’s January 23, 2017                          health or environmental effects, using
                                             Chicago, Illinois 60604, (312) 353–8777,                 submission certifying that the current                practicable and legally permissible
                                             maietta.anthony@epa.gov.                                 Minnesota SIP is sufficient to meet the               methods, under Executive Order 12898
                                                                                                      required infrastructure requirements                  (59 FR 7629, February 16, 1994).
                                             SUPPLEMENTARY INFORMATION:
                                                                                                      under CAA section 110(a)(2)(D)(i)(I),
                                             Throughout this document whenever                                                                                 In addition, the SIP is not approved
                                                                                                      specifically prongs one and two, as set
                                             ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean                                                                    to apply on any Indian reservation land
                                                                                                      forth above.
                                             EPA. This supplementary information                                                                            or in any other area where EPA or an
                                             section is arranged as follows:                          IV. Statutory and Executive Order                     Indian tribe has demonstrated that a
                                             I. What is being addressed by this document?             Reviews                                               tribe has jurisdiction. In those areas of
                                             II. What comments did we receive on the                     Under the Clean Air Act, the                       Indian country, the rule does not have
                                                  proposed action?                                    Administrator is required to approve a                tribal implications and will not impose
                                             III. What action is EPA taking?                                                                                substantial direct costs on tribal
                                             IV. Statutory and Executive Order Reviews
                                                                                                      SIP submission that complies with the
                                                                                                      provisions of the Clean Air Act and                   governments or preempt tribal law as
                                             I. What is being addressed by this                       applicable Federal regulations. 42                    specified by Executive Order 13175 (65
                                             document?                                                U.S.C. 7410(k); 40 CFR 52.02(a). Thus,                FR 67249, November 9, 2000).
                                                                                                      in reviewing SIP submissions, EPA’s                      The Congressional Review Act, 5
                                                On January 23, 2017, the Minnesota                                                                          U.S.C. 801 et seq., as added by the Small
                                             Pollution Control Agency (MPCA)                          role is to approve state choices,
                                                                                                      provided that they meet the criteria of               Business Regulatory Enforcement
                                             submitted a request for EPA to approve                                                                         Fairness Act of 1996, generally provides
                                             its infrastructure SIP for the 2012                      the Clean Air Act. Accordingly, this
                                                                                                      action merely approves state law as                   that before a rule may take effect, the
                                             annual PM2.5 NAAQS. On August 13,                                                                              agency promulgating the rule must
                                             2018, EPA proposed to approve the                        meeting Federal requirements and does
                                                                                                      not impose additional requirements                    submit a rule report, which includes a
                                             portion of the submission dealing with                                                                         copy of the rule, to each House of the
                                             requirements one and two (otherwise                      beyond those imposed by state law. For
                                                                                                      that reason, this action:                             Congress and to the Comptroller General
                                             known as ‘‘prongs’’ one and two) of the                                                                        of the United States. EPA will submit a
                                             provision for interstate pollution                          • Is not a significant regulatory action
                                                                                                      subject to review by the Office of                    report containing this action and other
                                             transport under Clean Air Act Section                                                                          required information to the U.S. Senate,
                                             110(a)(2)(D)(i), also known as the ‘‘good                Management and Budget under
                                                                                                      Executive Orders 12866 (58 FR 51735,                  the U.S. House of Representatives, and
                                             neighbor’’ provision.1                                                                                         the Comptroller General of the United
                                                The January 23, 2017 MPCA submittal                   October 4, 1993) and 13563 (76 FR 3821,
                                                                                                      January 21, 2011);                                    States prior to publication of the rule in
                                             included a demonstration that
                                             Minnesota’s SIP contains sufficient                         • Is not an Executive Order 13771 (82              the Federal Register. A major rule
                                                                                                      FR 9339, February 2, 2017) regulatory                 cannot take effect until 60 days after it
                                             major programs related to the interstate
                                                                                                      action because SIP approvals are                      is published in the Federal Register.
                                             transport of pollution. Minnesota’s
                                                                                                      exempted under Executive Order 12866;                 This action is not a ‘‘major rule’’ as
                                             submittal also included a technical
                                             analysis of its interstate transport of                     • Does not impose an information                   defined by 5 U.S.C. 804(2).
                                                                                                      collection burden under the provisions                   Under section 307(b)(1) of the Clean
                                             pollution relative to the 2012 PM2.5
                                                                                                      of the Paperwork Reduction Act (44                    Air Act, petitions for judicial review of
                                             NAAQS that demonstrates that current
                                                                                                      U.S.C. 3501 et seq.);                                 this action must be filed in the United
                                             controls are adequate for Minnesota to
                                                                                                         • Is certified as not having a                     States Court of Appeals for the
                                               1 There are four prongs to the Section                 significant economic impact on a                      appropriate circuit by December 10,
                                             110(a)(2)(D)(i) ‘‘good neighbor’’ provision, which       substantial number of small entities                  2018. Filing a petition for
                                             are: Prohibit any source or other type of emissions      under the Regulatory Flexibility Act (5               reconsideration by the Administrator of
                                             activity in one state from contributing significantly    U.S.C. 601 et seq.);                                  this final rule does not affect the finality
                                             to nonattainment of the NAAQS in another state
                                                                                                         • Does not contain any unfunded                    of this action for the purposes of judicial
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                                             (prong one); prohibit any source or other type of
                                             emissions activity in one state from interfering with    mandate or significantly or uniquely                  review nor does it extend the time
                                             maintenance of the NAAQS in another state (prong         affect small governments, as described                within which a petition for judicial
                                             two); prohibit any source or other type of emissions     in the Unfunded Mandates Reform Act                   review may be filed, and shall not
                                             activity in one state from interfering with measures
                                             required to prevent significant deterioration (PSD)      of 1995 (Pub. L. 104–4);                              postpone the effectiveness of such rule
                                             of air quality in another state (prong three); and          • Does not have Federalism                         or action. This action may not be
                                             protect visibility in another state (prong four).        implications as specified in Executive                challenged later in proceedings to


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                                                              Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Rules and Regulations                                                              50851

                                             enforce its requirements. (See section                          Dated: September 25, 2018.                                     Authority: 42 U.S.C. 7401 et seq.
                                             307(b)(2).)                                                   James Payne,                                                 ■  2. In § 52.1220, the table in paragraph
                                                                                                           Acting Regional Administrator, Region 5.                     (e) is amended by revising the entry for
                                             List of Subjects in 40 CFR Part 52
                                                                                                               40 CFR part 52 is amended as follows:                    ‘‘Section 110(a)(2) Infrastructure
                                               Environmental protection, Air                                                                                            Requirements for the 2012 fine
                                             pollution control, Incorporation by                           PART 52—APPROVAL AND                                         particulate matter (PM2.5) NAAQS’’ to
                                             reference, Intergovernmental relations,                       PROMULGATION OF                                              read as follows:
                                             Particulate matter, Reporting and                             IMPLEMENTATION PLANS
                                                                                                                                                                        § 52.1220    Identification of plan.
                                             recordkeeping requirements.
                                                                                                           ■ 1. The authority citation for part 52                      *       *    *        *     *
                                                                                                           continues to read as follows:                                    (e) * * *

                                                                                           EPA-APPROVED MINNESOTA NONREGULATORY PROVISIONS
                                                                                                                                   State
                                                                                                      Applicable                 submittal
                                                                                                    geographic or
                                                 Name of nonregulatory SIP provision                                               date/                  EPA approved date                       Comments
                                                                                                    nonattainment                effective
                                                                                                        area                       date


                                                      *                   *                                *                         *                              *                   *                   *
                                             Section 110(a)(2) Infrastructure Re-                  Statewide ..........    6/12/2014, 5/26/               10/10/2018, [Insert   Fully approved for all CAA elements
                                               quirements for the 2012 fine particu-                                         2016 and 1/23/                 Federal Register      except the visibility protection re-
                                               late matter (PM2.5) NAAQS.                                                    2017.                          citation].            quirements of (D)(i)(II).

                                                         *                        *                            *                          *                        *                      *                      *



                                             *       *       *       *      *                              the http://www.regulations.gov website.                      II. Summary of SIP Revision and EPA
                                             [FR Doc. 2018–21875 Filed 10–9–18; 8:45 am]                   Although listed in the index, some                           Analysis
                                             BILLING CODE 6560–50–P                                        information is not publicly available,                          Pennsylvania’s October 11, 2017 SIP
                                                                                                           e.g., confidential business information                      submittal includes a summary of
                                                                                                           (CBI) or other information whose                             statewide annual emissions of PM2.5,
                                             ENVIRONMENTAL PROTECTION                                      disclosure is restricted by statute.                         coarse particulate matter (PM10), and
                                             AGENCY                                                        Certain other material, such as                              precursors of PM2.5 including oxides of
                                             40 CFR Part 52                                                copyrighted material, is not placed on                       nitrogen (NOX), sulfur dioxide (SO2),
                                                                                                           the internet and will be publicly                            ammonia, and volatile organic
                                             [EPA–R03–OAR–2018–0054; FRL–9984–99–                          available only in hard copy form.                            compounds (VOCs). Pennsylvania also
                                             Region 3]                                                     Publicly available docket materials are                      included statewide SO2 and NOX
                                                                                                           available through http://                                    emissions specifically from the electric
                                             Approval and Promulgation of Air                                                                                           generating units (EGU) sector as EGUs
                                             Quality Implementation Plans;                                 www.regulations.gov, or please contact
                                                                                                           the person identified in the FOR FURTHER                     are the largest contributor to the point
                                             Pennsylvania; Interstate Transport                                                                                         source emissions. The emissions
                                             Requirements for the 2012 Fine                                INFORMATION CONTACT section for
                                                                                                           additional availability information.                         summary shows that, for the years 2011
                                             Particulate Matter Standard                                                                                                through 2015, emissions of all
                                             AGENCY:  Environmental Protection                             FOR FURTHER INFORMATION CONTACT:                             pollutants presented have been steadily
                                             Agency (EPA).                                                 Joseph Schulingkamp, (215) 814–2021,                         decreasing or remained nearly steady for
                                                                                                           or by email at schulingkamp.joseph@                          sources that potentially contribute to
                                             ACTION: Final rule.
                                                                                                           epa.gov.                                                     nonattainment in, or interfere with
                                             SUMMARY:    The Environmental Protection                                                                                   maintenance of the 2012 PM2.5 NAAQS
                                                                                                           SUPPLEMENTARY INFORMATION:                                   in any other state. The submittal also
                                             Agency (EPA) is approving a state
                                             implementation plan (SIP) revision                            I. Background                                                included currently available air quality
                                             submitted by the Commonwealth of                                                                                           monitoring data for PM2.5.
                                             Pennsylvania. This revision pertains to                         On June 14, 2018 (83 FR 27732), EPA                           Pennsylvania also discussed EPA’s
                                             the infrastructure requirement for                            published a notice of proposed                               March 17, 2016 memorandum (2016
                                             interstate transport of pollution with                        rulemaking (NPR) for the                                     PM2.5 Memorandum) and the fact that
                                             respect to the 2012 fine particulate                          Commonwealth of Pennsylvania. In the                         EPA’s analysis showed that only one
                                             matter (PM2.5) national ambient air                                                                                        monitor in the eastern United States had
                                                                                                           NPR, EPA proposed approval of the
                                             quality standards (NAAQS). EPA is                                                                                          projected PM2.5 data above the 12.0
                                                                                                           Pennsylvania SIP revision addressing
                                             approving this revision in accordance                                                                                      micrograms per cubic meter (mg/m3)
                                                                                                           the interstate transport requirements for                    NAAQS value (Allegheny County, PA).1
                                             with the requirements of the Clean Air                        the 2012 PM2.5 NAAQS in CAA section
                                             Act (CAA).                                                                                                                 Pennsylvania also generally discussed
                                                                                                           110(a)(2)(D)(i)(I) submitted on October
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                                        prevailing wind directions and several
                                             DATES: This final rule is effective on                        11, 2017. For more information on
                                             November 9, 2018.                                             particulate pollution, EPA’s                                   1 ‘‘Information on the Interstate Transport ‘‘Good

                                             ADDRESSES: EPA has established a                              infrastructure requirements, and                             Neighbor’’ Provision for the 2012 Fine Particulate
                                                                                                           interstate transport requirements, see                       Matter National Ambient Air Quality Standards
                                             docket for this action under Docket ID                                                                                     under Clean Air Act section 110(a)(2)(D)(i)(I),’’
                                             Number EPA–R03–OAR–2018–0054. All                             Section I of the NPR.                                        memorandum from Stephan D. Page, Director, EPA
                                             documents in the docket are listed on                                                                                      Office of Air Quality Planning and Standards.



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Document Created: 2018-10-10 17:37:42
Document Modified: 2018-10-10 17:37:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on November 9, 2018.
ContactAnthony Maietta, Environmental Protection Specialist, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8777, [email protected]
FR Citation83 FR 50849 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

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