[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Rules and Regulations]
[Pages 58116-58118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26539]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0327; FRL-9971-61-Region 5]
Air Plan Approval; Minnesota; 2008 Ozone Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a May
26, 2016, State Implementation Plan (SIP) submission from Minnesota
that is intended to demonstrate that the Minnesota SIP meets certain
interstate transport requirements of the Clean Air Act (CAA) for the
2008 ozone National Ambient Air Quality Standards (NAAQS). EPA is
approving this SIP as containing adequate provisions to ensure that
Minnesota emissions do not significantly contribute to nonattainment or
interfere with maintenance of the 2008 ozone NAAQS in any other state.
The proposed rulemaking associated with this final action was published
on July 17, 2017, and EPA received no comments during the comment
period, which ended on August 16, 2017.
DATES: This final rule is effective on January 10, 2018.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0327. All documents in the docket are listed on
the www.regulations.gov Web site. 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. Background
II. EPA's Analysis of Minnesota's Submittal
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
I. Background
On March 12, 2008, EPA revised the levels of the primary and
secondary ozone standards from 0.08 parts per million (ppm) to 0.075
ppm (73 FR 16436). The CAA requires states to submit, within three
years after promulgation of a new or revised standard, SIPs meeting the
applicable ``infrastructure'' elements of sections 110(a)(1) and (2).
One of these applicable infrastructure elements, CAA section
110(a)(2)(D)(i), requires SIPs to contain ``good neighbor'' provisions
to prohibit certain adverse air quality effects on neighboring states
due to interstate transport of pollution. There are four sub-elements
within CAA section 110(a)(2)(D)(i). This action addresses the first two
sub-elements of the good neighbor provisions, at CAA section
110(a)(2)(D)(i)(I). These sub-elements require that each SIP for a new
or revised standard contain adequate provisions to prohibit any source
or other type of emissions activity within the state from emitting air
pollutants that will ``contribute significantly to nonattainment'' or
``interfere with maintenance'' of the applicable air quality standard
in any other state.
II. EPA's Analysis of Minnesota's Submittal
On May 26, 2016, the State of Minnesota submitted a revision to its
SIP to address the first two sub-elements of the good neighbor
provisions, at CAA section 110(a)(2)(D)(i)(I). Specifically,
Minnesota's submission asserts that the state's SIP contains adequate
provisions to prohibit any source or other type of emissions activity
within the state from emitting air pollutants that will ``contribute
significantly to nonattainment'' or ``interfere with maintenance'' of
the 2008 ozone standard in any other state. The SIP submission
highlights rules and statutes already in Minnesota's SIP that limit
emissions of nitrogen oxides (NOX) and volatile organic
compounds (VOC), the precursor pollutants contributing to ozone
formation. The submission also notes that Minnesota sources are subject
to a Federal Implementation Plan (FIP) for the Cross-State Air
Pollution Rule (CSAPR) at 40 CFR 52.1240, and are required to reduce
annual emissions of NOX in support of the 2006 NAAQS for
fine particulate matter (PM2.5).
EPA developed technical information and a related analysis to
assist states with meeting section 110(a)(2)(D)(i)(I) requirements for
the 2008 ozone NAAQS, and used this technical analysis to support the
CSAPR Update for the 2008 Ozone NAAQS (``CSAPR Update'').\1\ EPA's
analysis confirms the assertion in Minnesota's submittal: Minnesota
does not significantly contribute to nonattainment or interfere with
maintenance of the 2008 ozone standard in any other state.
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\1\ 81 FR 74504 (October 26, 2016).
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On July 17, 2017 (82 FR 32673), EPA published a rule proposing to
approve Minnesota's interstate transport SIP for purposes of meeting
the CAA section
[[Page 58117]]
110(a)(2)(D)(i)(I) requirements of the 2008 ozone standard. This
proposed rule contained a detailed evaluation of how Minnesota's
submission satisfies CAA requirements. No comments were received.
Therefore, EPA is finalizing this rule as proposed.
III. What action is EPA taking?
EPA is approving Minnesota's interstate transport SIP for purposes
of meeting the CAA section 110(a)(2)(D)(i)(I) requirements of the 2008
ozone standard.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 9, 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, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: November 17, 2017.
Robert A. Kaplan,
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
2008 ozone NAAQS'' to read as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(e) * * *
[[Page 58118]]
EPA-Approved Minnesota Nonregulatory Provisions
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Applicable geographic or State submittal date/
Name of nonregulatory SIP provision nonattainment area effective date EPA approved date Comments
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* * * * * * *
Section 110(a)(2) Infrastructure Statewide..................... 6/12/2014 and 12/11/2017, [Insert These actions address the
Requirements for the 2008 ozone 5/26/2016.................... Federal Register following CAA elements:
NAAQS. citation]. 110(a)(2)(A), (B), (C),
(D), (E), (F), (G), (H),
(J), (K), (L), and (M). We
have not taken action on
the visibility portion of
(D)(i)(II). We will
address these requirements
in a separate action. EPA
has disapproved the
elements related to the
prevention of significant
deterioration,
specifically as they
pertain to section
110(a)(2)(C), (D)(i)(II),
(D)(ii), and (J); however,
Minnesota continues to
implement the Federally
promulgated rules for this
purpose.
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[FR Doc. 2017-26539 Filed 12-8-17; 8:45 am]
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