[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Proposed Rules]
[Pages 32669-32671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14941]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0327; FRL-9964-95-Region 5]


Air Plan Approval; Minnesota; State Board Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) submission from Minnesota 
addressing the state board requirements of the Clean Air Act (CAA). EPA 
is also proposing to approve elements of Minnesota's submission 
addressing the infrastructure requirements relating to state boards for 
the 1997 ozone, 1997 fine particulate (PM2.5), 2006 
PM2.5, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide 
(NO2), 2010 sulfur dioxide (SO2), and 2012 
PM2.5 National Ambient Air Quality Standards (NAAQS). This 
SIP revision was submitted by the Minnesota Pollution Control Agency 
(MPCA) on May 26, 2016.

DATES: Comments must be received on or before August 16, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0327 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Eric Svingen, Environmental Engineer, 
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 353-4489, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is the background of this SIP submission?
II. What guidance is EPA using to evaluate this SIP submission?
III. What is the result of EPA's review of this SIP submission?
IV. What action is EPA taking?
V. Incorporation by Reference.
VI. Statutory and Executive Order Reviews.

I. What is the background of this SIP submission?

    This rulemaking addresses a SIP submission from the MPCA dated May 
26, 2016, which addresses CAA requirements relating to the state board 
requirements under section 128, as well as infrastructure requirements 
of section 110 relating to state boards for the 1997 ozone, 1997 
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5 NAAQS.
    The requirement for states to make infrastructure SIP submissions 
arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), 
states must make SIP submissions ``within 3 years (or such shorter 
period as the Administrator may prescribe) after the promulgation of a 
national primary ambient air quality standard (or any revision 
thereof),'' and these SIP submissions are to provide for the 
``implementation, maintenance, and enforcement'' of such NAAQS. The 
statute directly imposes on states the duty to make these SIP 
submissions, and the requirement to make the submissions is not 
conditioned upon EPA's taking any action other than promulgating a new 
or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the 
purpose of satisfying the requirements of CAA section 110(a)(1) and (2) 
as ``infrastructure SIP'' submissions. Although the term 
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to 
distinguish this particular type of SIP submission from submissions 
that are intended to satisfy other SIP requirements under the CAA. This 
specific rulemaking is only taking action on the CAA 110(a)(2)(E)(ii) 
element of these infrastructure SIP requirements.

II. What guidance is EPA using to evaluate this SIP submission?

    EPA's guidance relating to infrastructure SIP submissions can be 
found in a guidance document entitled ``Guidance on SIP Elements 
Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and 
PM2.5 \1\ National Ambient Air Quality Standards'' (2007 
Guidance). Further guidance is provided in a September 13, 2013, 
document entitled ``Guidance on Infrastructure State Implementation 
Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)'' (2013 
Guidance).
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    \1\ PM2.5 refers to particles with an aerodynamic 
diameter of less than or equal to 2.5 micrometers, oftentimes 
referred to as ``fine'' particles.
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III. What is the result of EPA's review of this SIP submission?

    Pursuant to section 110(a), states must provide reasonable notice 
and

[[Page 32670]]

opportunity for public hearing for all infrastructure SIP submissions. 
MPCA provided public notice for the SIP revision on April 4, 2016, 
commenced a public comment period on April 5, 2016, and closed the 
public comment period on May 5, 2016. No comments were received nor 
were there any requests for a public hearing.
    Minnesota provided a detailed synopsis of how various components of 
its SIP meet each of the applicable requirements in sections 128 and 
110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5, 2006 
PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, 2010 
SO2, and 2012 PM2.5 NAAQS, as applicable. The 
following review evaluates the state's submission.

A. Section 128

    Section 128 of the CAA includes just one subsection labeled 
``(a),'' which contains two explicit requirements, that: ``(1) any 
board or body which approves permits or enforcement orders under this 
chapter shall have at least a majority of members who represent the 
public interest and do not derive any significant portion of their 
income from persons subject to permits and enforcement orders under 
this chapter, and (2) any potential conflicts of interest by members of 
such board or body or the head of an executive agency with similar 
powers be adequately disclosed.'' Minnesota has no board or body which 
approves permits or enforcement orders in relation to the CAA. Under 
Minnesota Statutes (Minn. Stat.), the administrative powers and duties 
of the MPCA, including issuance of permits and enforcement orders, are 
vested in the Commissioner of the MPCA. Therefore, Minnesota has no 
further obligations under section 128(a)(1) of the CAA.
    Under section 128(a)(2) of the CAA, the head of the executive 
agency with the power to approve permits or enforcement orders must 
adequately disclose any potential conflicts of interest. In Minnesota, 
this power is vested in the Commissioner of the MPCA. Minnesota's 
statutes and rules require disclosure by public officials of any 
potential conflict of interest. Under Minn. Stat. 10A, matters of 
disclosure and public interest are governed by the Minnesota Campaign 
Finance and Public Disclosure Board (MCFPDB). Minn. Stat. 10A.09 
requires that statements of economic interest be filed with the MCFPDB 
upon the nomination of the Commissioner, and a supplementary statement 
must be submitted every year thereafter. Under Minn. Stat. 10A.07, if 
the Commissioner has a financial interest relating to a matter before 
the agency, he or she must make this interest known in writing. 
Decision-making responsibility on the matter must be assigned by the 
Governor to another employee who does not have a conflict of interest, 
or the Commissioner must abstain from influence over the matter in a 
manner prescribed by the MCFPDB. Minnesota Rules (Minn. R.) 7000.0300 
further prescribes a ``duty of candor'' for the Commissioner: ``In all 
formal or informal negotiations, communications, proceedings, and other 
dealings between any person and any member, employee, or agent of the 
board or commissioner, it shall be the duty of each person and each 
member, employee, or agent of the board or commissioner to act in good 
faith and with complete truthfulness, accuracy, disclosure, and 
candor.''
    In its May 26, 2016 submission, MPCA requested that EPA incorporate 
Minn. Stat. 10A.07, Minn. Stat. 10A.09, and Minn. R. 7000.0300 into 
Minnesota's SIP. In this action, EPA proposes to approve Minnesota's 
request to incorporate these statutes and rule into the SIP, and 
further proposes that these statutes and rule satisfy all requirements 
under section 128 of the CAA.

B. Section 110(a)(2)(E)(ii)

    Section 110(a)(2)(E)(ii) of the CAA also requires each SIP to 
contain provisions that comply with the state board requirements of 
section 128 of the CAA.
    In its submission dated May 26, 2016, MPCA requested that Minn. 
Stat. 10A.07, Minn. Stat. 10A.09, and Minn. R. 7000.0300 be applied not 
only to obligations under section 128 of the CAA, but also to 
infrastructure SIP requirements for the 1997 ozone, 1997 
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5 NAAQS. 
EPA therefore proposes that Minnesota has met the infrastructure SIP 
requirements of this portion of section 110(a)(2)(E)(ii) with respect 
to the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 
Pb, 2008 ozone, 2010 NO2, 2010 SO2, and 2012 
PM2.5 NAAQS.

IV. What action is EPA taking?

    EPA is proposing to incorporate Minn. Stat. 10A.07, Minn. Stat. 
10A.09, and Minn. R. 7000.0300 into Minnesota's SIP. EPA is further 
proposing to approve this submission as meeting CAA obligations under 
section 128, as well as 110(a)(2)(E)(ii) for the 1997 ozone, 1997 
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5 NAAQS.

V. Incorporation by Reference

    In this rulemaking, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Minn. Stat. 10A.07 ``Conflicts of Interest.'', effective May 
25, 2013, Minn. Stat. 10A.09 ``Statements of Economic Interest.'', 
effective May 25, 2013, and Minn. R. 7000.0300 ``Duty of Candor.'', 
effective April 19, 2004. EPA has made, and will continue to make, 
these documents generally available through https://www.regulations.gov, and/or at the EPA Region 5 Office (please contact 
the person identified in the ``For Further Information Contact'' 
section of this preamble for more information).

VI. 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. 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);

[[Page 32671]]

     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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: July 6, 2017.
Cheryl L. Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-14941 Filed 7-14-17; 8:45 am]
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