Air Plan Approval; Minnesota; Revision to the Minnesota State Implementation Plan
The Environmental Protection Agency (EPA) is approving a revision to the Minnesota State Implementation Plan (SIP) which updates Minnesota's air program rules. The Minnesota Pol...
The Environmental Protection Agency (EPA) is approving a revision to the Minnesota State Implementation Plan (SIP) which updates Minnesota's air program rules. The Minnesota Pollution Control Agency (MPCA) submitted the request to EPA on November 14, 2018. The revision to Minnesota's air quality rules reflects changes that have been made to the State's air program rules since August 10, 2011, and updates on actions deferred from previous SIP submittals. EPA is approving the majority of MPCA's submittal, which will result in consistent requirements of rules at both the State and Federal level. EPA proposed to approve this action on February 5, 2020 and received no adverse comments.
DATES:
This final rule is effective on August 26, 2020.
ADDRESSES:
EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2018-0839. 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 and facility closures due to COVID 19. We recommend that you telephone Emily Crispell, Environmental Scientist, at (312) 353-8512 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Emily Crispell, Environmental Scientist, Control Strategies, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8512,
crispell.emily@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.
I. Background Information
On February 5, 2020, EPA proposed to approve a revision to the Minnesota SIP, which included amendments to rules governing air emission permits, the removal of regulations unnecessary for Minnesota to attain and maintain the National Ambient Air Quality Standards, and the addition of new and previously deferred air program rules. 85 FR 6482. The notice of proposed rulemaking provided an explanation of the Clean Air Act (CAA) requirements, a detailed analysis of the revisions, and EPA's reasons for proposing approval. This action will not restate that information. The public comment period for this proposed rule ended on March 6, 2020.
During the comment period, EPA received only one comment. This comment, sent from an anonymous commenter, consists solely of quotes from the 2007 animated film
Bee Movie.
The comment is included in the docket for this action.
( printed page 45095)
We do not consider this comment to be germane or relevant to this action and therefore not adverse to this action. The comment lacks the required specificity to the proposed SIP revision and the relevant requirements of CAA section 110. Moreover, the comment does not address a specific regulation or provision in question, nor recommends a different action on the SIP submission from what EPA proposed. Therefore, we are finalizing our action as proposed.
II. Final Action
A. Regulations Approved and Incorporated by Reference Into the SIP
EPA is approving and incorporating by reference into the Minnesota SIP at 40 CFR 52.1220(c)—the following rule sections (adoption date):
As discussed in the proposal for this action, we are removing from the SIP rule sections: 7001.0020, 7001.0050, 7001.0140, 7001.0180, 7001.0550, 7001.3050, 7007.1251, 7009.0060, 7009.0070, 7009.0080, 7011.0725, 7017.1210, and 7017.2018.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Minnesota Regulations described in section II.A. of this preamble and removing the Minnesota Regulations listed in II.B. of this preamble. EPA has made, and will continue to make, the documents listed in II.A. generally available through
www.regulations.gov,
and at the EPA Region 5 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.[1]
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501et 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. 601et 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);
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, underExecutive 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. 801et seq.,
as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the
Federal Register
. A major rule cannot take effect until 60 days after it is published in the
Federal Register
. This action is not a “major rule” as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 25, 2020. 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).)
EXISTING SOURCE APPLICATION DEADLINES AND SOURCE OPERATION DURING TRANSITION
12/19/2016
07/27/2020, [insert
Federal Register
citation].
7007.0400
PERMIT REISSUANCE APPLICATIONS AFTER TRANSITION; NEW SOURCE AND PERMIT AMENDMENT APPLICATIONS; APPLICATIONS FOR SOURCES NEWLY SUBJECT TO A PART 70 OR STATE PERMIT REQUIREMENT
12/12/2012
07/27/2020, [insert
Federal Register
citation].
7007.0450
PERMIT REISSUANCE APPLICATIONS AND CONTINUATION OF EXPIRING PERMITS
Use this for formal legal and research references to the published document.
85 FR 45094
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Air Plan Approval; Minnesota; Revision to the Minnesota State Implementation Plan,” thefederalregister.org (July 27, 2020), https://thefederalregister.org/documents/2020-13469/air-plan-approval-minnesota-revision-to-the-minnesota-state-implementation-plan.