[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Rules and Regulations]
[Pages 36748-36751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16256]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0603; FRL-9981-45--Region 5]


Air Plan Approval; Minnesota; PSD Infrastructure SIP Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of a state implementation plan (SIP) submission from Minnesota 
regarding the infrastructure requirements of section 110 of the Clean 
Air Act (CAA) relating to Prevention of Significant Deterioration (PSD) 
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). The 
Minnesota Pollution Control Agency (MPCA) submitted the SIP revision to 
EPA on October 4, 2016.

DATES: This final rule is effective on August 30, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0603. 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. 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. 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. Statutory and Executive Order Reviews

I. What is the background of this SIP submission?

    This rulemaking approves a SIP submission from MPCA dated October 
4, 2016, which addresses infrastructure requirements relating to PSD 
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 CAA 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. CAA 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 infrastructure SIP 
elements relating to PSD, provided at CAA sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and 110(a)(2)(J).
    In previous rulemakings, EPA addressed Minnesota's infrastructure 
obligations under the various NAAQS. On July 13, 2011 (76 FR 41075), 
EPA approved most elements of Minnesota's infrastructure SIP submittal 
for the 1997 ozone and 1997 PM2.5 NAAQS. On October 29, 2012 
(77 FR 65478), EPA approved most elements of Minnesota's

[[Page 36749]]

infrastructure SIP submittal for the 2006 PM2.5 NAAQS. On 
July 16, 2014 (79 FR 41439), EPA approved most elements of Minnesota's 
infrastructure SIP submittal for the 2008 Pb NAAQS. Finally, on October 
20, 2015 (80 FR 63436), EPA approved most elements of Minnesota's 
infrastructure SIP submittal for the 2008 ozone, 2010 NO2, 
2010 SO2, and 2012 PM2.5 NAAQS. However, because 
Minnesota did not have an approved PSD program at the time of these 
rulemakings, EPA generally disapproved infrastructure SIP elements 
relating to PSD in the rulemakings.\1\
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    \1\ States may develop and implement their own PSD programs, 
which are evaluated against EPA's requirements for each component. 
States may alternatively decline to develop their own program, but 
instead directly implement Federal PSD rules. At the time of the 
infrastructure rulemakings referenced above, Minnesota had chosen to 
implement the federally promulgated PSD rules at 40 CFR 52.21, and 
EPA had delegated to Minnesota the authority to implement these 
regulations. The federally promulgated rules satisfied all 
infrastructure requirements relating to PSD. However, as a delegated 
program, these infrastructure elements were not approved into the 
Minnesota SIP.
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    MPCA's submission dated October 4, 2016, requested that EPA approve 
into its SIP Minnesota Rule 7007.3000, which incorporates by reference 
the Federal PSD rules at 40 CFR 52.21. On July 10, 2017 (82 FR 31741), 
EPA proposed to approve this request, and on September 26, 2017 (82 FR 
44734), EPA finalized approval; the change became effective on October 
26, 2017. Therefore, Minnesota is now implementing its own SIP-approved 
PSD program.
    In this rulemaking, as requested by Minnesota, EPA is finding that 
Minnesota has satisfied all infrastructure SIP elements relating to 
PSD, at CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 
110(a)(2)(D)(ii), and 110(a)(2)(J), for the 1997 ozone, 1997 
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5 NAAQS.

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 \2\ National Ambient Air Quality Standards'' (2007 
Guidance).\3\ 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).\4\
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    \2\ PM2.5 refers to particles with an aerodynamic 
diameter of less than or equal to 2.5 micrometers, oftentimes 
referred to as ``fine'' particles.
    \3\ https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20071002_harnett_110(a)_sip_guidance.pdf.
    \4\ https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf.
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III. What is the result of EPA's review of this SIP submission?

    Pursuant to CAA section 110(a), states must provide reasonable 
notice and opportunity for public hearing for all infrastructure SIP 
submissions. MPCA commenced a public comment period on June 20, 2016, 
and closed the public comment period on July 20, 2016. Minnesota 
received three comments, and provided a response to comments in its 
submittal.
    Minnesota provided a synopsis of how its SIP meets each of the 
applicable requirements in CAA sections 110(a)(2)(C), 
110(a)(2)(D)(i)(II), 110(a)(2)(D)(ii), and 110(a)(2)(J) 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.
    On May 17, 2018 (83 FR 22913), EPA published a proposed rule that 
would approve this submission into Minnesota's SIP. This proposed rule 
contained a detailed evaluation of how Minnesota's submission satisfies 
certain requirements under CAA section 110. Two comments were received; 
neither is relevant to this rulemaking. Therefore, EPA is finalizing 
this rule as proposed.

IV. What action is EPA taking?

    EPA is approving the submission from Minnesota certifying that its 
current SIP is sufficient to meet the infrastructure SIP requirements 
relating to PSD, at CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), 
110(a)(2)(D)(ii), and 110(a)(2)(J), for the 1997 ozone, 1997 
PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 
NO2, 2010 SO2, and 2012 PM2.5 NAAQS. 
EPA is also making some consistency and clarification edits to 
Minnesota's infrastructure SIP table in 40 CFR 52.1220.

V. 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

[[Page 36750]]

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 October 1, 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, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: July 17, 2018.
Cathy Stepp,
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:
0
i. Removing the entry for ``CAA 110(a)(2)(D)(i) SIP-Interstate 
Transport''.
0
ii. Revising the entries for ``Section 110(a)(2) Infrastructure 
Requirements for the 1997 8-hour ozone NAAQS''; ``Section 110(a)(2) 
Infrastructure Requirements for the 1997 PM2.5 NAAQS''; 
``Section 110(a)(2) Infrastructure Requirements for the 2006 24-Hour 
PM2.5 NAAQS''; ``Section 110(a)(2) Infrastructure 
Requirements for the 2008 lead (Pb) NAAQS''; ``Section 110(a)(2) 
Infrastructure Requirements for the 2008 ozone NAAQS''; ``Section 
110(a)(2) Infrastructure Requirements for the 2010 nitrogen dioxide 
(NO2) NAAQS''; ``Section 110(a)(2) Infrastructure 
Requirements for the 2010 sulfur dioxide (SO2) NAAQS''; and 
``Section 110(a)(2) Infrastructure Requirements for the 2012 fine 
particulate matter (PM2.5) NAAQS''.
    The revisions reads as follows:


Sec.  52.1220  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Minnesota Nonregulatory Provisions
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                                                        State submittal
   Name of nonregulatory SIP    Applicable geographic   date/ effective    EPA approved           Comments
           provision            or nonattainment area        date              date
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                                                  * * * * * * *
Section 110(a)(2)               Statewide............  10/23/2007, 11/   7/31/2018,        Fully approved for
 Infrastructure Requirements                            29/2007, 5/26/    [insert Federal   all CAA elements.
 for the 1997 8-Hour Ozone                              2016 and 10/4/    Register
 NAAQS.                                                 2016.             citation].
Section 110(a)(2)               Statewide............  10/23/2007, 11/   7/31/2018,        Fully approved for
 Infrastructure Requirements                            29/2007, 5/26/    [insert Federal   all CAA elements.
 for the 1997 PM2.5 NAAQS.                              2016 and 10/4/    Register
                                                        2016.             citation].
Section 110(a)(2)               Statewide............  5/23/2011, 5/26/  7/31/2018,        Fully approved for
 Infrastructure Requirements                            2016 and 10/4/    [insert Federal   all CAA elements
 for the 2006 24-Hour PM2.5                             2016.             Register          except (D)(i)(I),
 NAAQS.                                                                   citation].        which has been
                                                                                            remedied with a FIP,
                                                                                            and the visibility
                                                                                            protection
                                                                                            requirements of
                                                                                            (D)(i)(II).
Section 110(a)(2)               Statewide............  6/19/2012, 5/26/  7/31/2018,        Fully approved for
 Infrastructure Requirements                            2016 and 10/4/    [insert Federal   all CAA elements.
 for the 2008 lead (Pb) NAAQS.                          2016.             Register
                                                                          citation].
Section 110(a)(2)               Statewide............  6/12/2014, 5/26/  7/31/2018,        Fully approved for
 Infrastructure Requirements                            2016 and 10/4/    [insert Federal   all CAA elements
 for the 2008 ozone NAAQS.                              2016.             Register          except the
                                                                          citation].        visibility
                                                                                            protection
                                                                                            requirements of
                                                                                            (D)(i)(II).
Section 110(a)(2)               Statewide............  6/12/2014, 5/26/  7/31/2018,        Fully approved for
 Infrastructure Requirements                            2016 and 10/4/    [insert Federal   all CAA elements
 for the 2010 nitrogen dioxide                          2016.             Register          except the
 (NO2) NAAQS.                                                             citation].        visibility
                                                                                            protection
                                                                                            requirements of
                                                                                            (D)(i)(II).
Section 110(a)(2)               Statewide............  6/12/2014, 5/26/  7/31/2018,        Fully approved for
 Infrastructure Requirements                            2016 and 10/4/    [insert Federal   all CAA elements
 for the 2010 sulfur dioxide                            2016.             Register          except (D)(i)(I) and
 (SO2) NAAQS.                                                             citation].        the visibility
                                                                                            protection
                                                                                            requirements of
                                                                                            (D)(i)(II).
Section 110(a)(2)               Statewide............  6/12/2014, 5/26/  7/31/2018,        Fully approved for
 Infrastructure Requirements                            2016 and 10/4/    [insert Federal   all CAA elements
 for the 2012 fine particulate                          2016.             Register          except (D)(i)(I) and
 matter (PM2.5) NAAQS.                                                    citation].        the visibility
                                                                                            protection
                                                                                            requirements of
                                                                                            (D)(i)(II).
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[FR Doc. 2018-16256 Filed 7-30-18; 8:45 am]
 BILLING CODE 6560-50-P


