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)
Federal Register Volume 83, Issue 196 (October 10, 2018)
| Page Range | 50849-50851 | |
| FR Document | 2018-21875 |
[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] ----------------------------------------------------------------------- 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, maietta.anthony@epa.gov. 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 (PM 2.5 ) 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
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(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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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
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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
| 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 November 9, 2018. | |
| 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] | |
| FR Citation | 83 FR 50849 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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