[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]


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

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.

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

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.
---------------------------------------------------------------------------

    \1\ 81 FR 74504 (October 26, 2016).
---------------------------------------------------------------------------

    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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Applicable geographic or         State submittal date/
 Name of nonregulatory SIP provision        nonattainment area                effective date            EPA approved date              Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
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.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-26539 Filed 12-8-17; 8:45 am]
 BILLING CODE 6560-50-P


