44734 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 

temporary deviation, the bridge will be 

maintained in the closed-to-navigation 

position for four (4) separate five (5) day 

periods from 7 a.m., October 2, 2017, 

through 11 p.m., October 6, 2017; from 

7 a.m., October 16, 2017, through 11 

p.m., October 20, 2017; from 7 a.m., 

October 30, 2017, through 11 p.m., 

November 3, 2017; from 7 a.m., 

November 13, 2017, through 11.p.m., 

November 17, 2017. The alternate dates 

for inclement weather are from 7 a.m., 

October 9, 2017, through 11 p.m., 

October 13, 2017; from 7 a.m., October 

23, 2017, through 11 p.m., October 27, 

2017; from 7 a.m., November 6, 2017, 

through 11 p.m., November 10, 2017; 

from 7 a.m., November 18, 2017, 

through 11 p.m., November 22, 2017. 

The bridge will open on signal if at least 

24 hours notice is given at all other 

times. 

The Atlantic Intracoastal Waterway, 

Southern Branch of the Elizabeth River 

is used by a variety of vessels including 

small commercial vessels, recreational 

vessels and tug and barge traffic. The 

Coast Guard has carefully coordinated 

the restrictions with waterway users in 

publishing this temporary deviation. 

Vessels able to pass through the 

bridge in the closed position may do so 

if at least 15 minutes notice is given. 

The bridge will not be able to open for 

emergencies and there is no immediate 

alternate route for vessels unable to pass 

through the bridge in the closed 

position. The Coast Guard will also 

inform the users of the waterways 

through our Local and Broadcast Notice 

to Mariners of the change in operating 

schedule for the bridge so that vessel 

operators can arrange their transits to 

minimize any impact caused by this 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of this effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: September 21, 2017. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2017–20564 Filed 9–25–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2016–0603; FRL–9968–22– 

Region 5] 

Air Plan Approval; Minnesota; 

Prevention of Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Minnesota State Implementation 

Plan (SIP) submitted on October 4, 2016. 

EPA is approving the state’s Prevention 

of Significant Deterioration (PSD) rules 

which incorporate the Federal PSD rules 

by reference. 

DATES: This final rule is effective on 

October 26, 2017. 

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 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 Rachel 

Rineheart, Environmental Engineer, at 

(312) 886–7017 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Rineheart, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–7017, 

Rineheart.rachel@epa.gov. 

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. Comments Received and Response to 

Comments 

III. What action is EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

Section 110(a)(2)(C) of the Clean Air 

Act (CAA) requires that each SIP 

include a program to provide for the 

regulation of construction and 

modification of stationary sources, 

including a permit program as required 

by part C of subsection I of the CAA— 

Prevention of Significant Deterioration 

of Air Quality. On October 4, 2016, the 

Minnesota Pollution Control Agency 

(MPCA) submitted a request to revise 

the Minnesota SIP to include Minn. R. 

7007.3000, which incorporates the 

Federal PSD rules at 40 CFR 52.21 by 

reference as the State’s SIP approved 

PSD program. Further, by letter dated 

June 1, 2017, MPCA clarified that it will 

not implement the provisions at 40 CFR 

52.21(g), (s), (t), and (u) because those 

provisions reference authorities that are 

retained by the EPA Administrator. 

EPA proposed to approve Minnesota’s 

PSD SIP on July 10, 2017. (82 FR 31741, 

July 10, 2017). EPA received comments 

on the proposed action from Guardian 

Energy, LLC, and Granite Falls Energy, 

LLC. Section II of this document 

provides a discussion of the comments 

received and EPA’s response. 

II. Comments Received and Response to 

Comments 

EPA received comments from 

Guardian Energy, LLC, and Granite Falls 

Energy, LLC. The letters from the two 

commenters are identical. The first 

comment from both commenters 

expressed support for the proposed 

action. The second comment from the 

two commenters is a request for EPA to 

clarify how changes in the Federal PSD 

regulations will be addressed in the 

Minnesota SIP approved regulations. 

Minn. R. 7007.3000 incorporates 40 CFR 

52.21 by reference, as amended. Both 

MPCA and EPA interpret this to mean 

that any changes to 40 CFR 52.21 will 

be automatically incorporated into 

Minn. R. 7007.3000, and will have the 

same effective date as the Federal 

rulemaking. 

III. What action is EPA taking? 

EPA is approving the request made by 

MPCA on October 4, 2016, to revise the 

Minnesota SIP to include Minn. R. 

7007.3000 as the State’s SIP approved 

PSD program. 

IV. 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 


Pmangrum on DSK3GDR082PROD with RULES
Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 44735 

1 62 FR 27968 (May 22, 1997). 

by reference of the Minnesota 

Regulations described in the 

amendments to 40 CFR part 52 set forth 

below. EPA has made, and will continue 

to make, these documents generally 

available through 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). Therefore, these materials 

have been approved by EPA for 

inclusion in the State implementation 

plan, 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 by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

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); 

• 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 Clean Air Act; 

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 November 27, 2017. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 12, 2017. 

Cheryl L. Newton, 

Acting Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 52.1220, the table in paragraph 

(c) is amended by adding the entry 

‘‘7007.3000’’ in numerical order above 

the table heading ‘‘Offsets’’ to read as 

follows: 

§ 52.1220 Identification of plan. 

* * * * * 

(c) * * * 

EPA—APPROVED MINNESOTA REGULATIONS

Minnesota citation Title/subject State effective 

date EPA approval date Comments 

*******

CHAPTER 7007 AIR EMISSION PERMITS 


Pmangrum on DSK3GDR082PROD with RULES
44736 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 

1 73 FR 16436. 

2Since the 2008 primary and secondary NAAQS 

for ozone are identical, for convenience, we refer to 

both as ‘‘the 2008 ozone NAAQS’’ or ‘‘the 2008 

ozone standard.’’ 

3 40 CFR 50.15. 

4CAA sections 107(d)(1) and 181(a)(1). 

5CAA section 181(a)(1). 

6See 40 CFR 51.1103 for the design value 

thresholds for each classification for the 2008 ozone 

NAAQS. 

EPA—APPROVED MINNESOTA REGULATIONS—Continued 

Minnesota citation Title/subject State effective 

date EPA approval date Comments 

*******

7007.3000 ................. Prevention of Significant Deterioration of Air Quality.11/26/2007 9/26/2017 [insert Federal Register citation].

*******

* * * * * 

■ 3. Section 52.1234 is revised to read 

as follows: 

§ 52.1234 Significant deterioration of air 

quality. 

(a) The requirements of sections 160 

through 165 of the Clean Air Act are 

met, except for sources seeking permits 

to locate in Indian country within the 

State of Minnesota. 

(b) Regulations for the prevention of 

the significant deterioration of air 

quality. The provisions of § 52.21 except 

paragraph (a)(1) are hereby incorporated 

and made a part of the applicable State 

plan for the State of Minnesota for 

sources wishing to locate in Indian 

country; and sources constructed under 

permits issued by EPA. 

[FR Doc. 2017–20443 Filed 9–25–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0426; FRL–9966–86- 

Region 9] 

Finding of Failure To Submit State 

Implementation Plans Required for the 

2008 8-Hour Ozone NAAQS; California; 

Sacramento Metro 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action 

finding that the state of California has 

failed to submit State Implementation 

Plans (SIPs) to satisfy certain 

requirements of the Clean Air Act (CAA) 

for the 2008 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS or ‘‘standards’’). Under the 

CAA and EPA’s implementing 

regulations, states with nonattainment 

areas classified as Moderate, Serious, 

Severe or Extreme were required to 

submit by July 20, 2016, SIPs 

demonstrating reasonable further 

progress (RFP) and attainment of the 

2008 8-hour ozone standard as 

expeditiously as practicable but no later 

than the applicable dates established in 

the implementing regulations. States 

were also required to submit 

contingency plans to be triggered if 

attainment or RFP milestones were not 

met. The EPA is by this action making 

a finding of failure to submit attainment 

demonstration, attainment 

demonstration contingency, RFP, and 

RFP contingency SIPs for the 

Sacramento Metro nonattainment area. 

If the EPA has not affirmatively found 

that the state has submitted the required 

plans within 18 months, the offset 

sanction applies in the area. If within 6 

additional months the EPA has still not 

affirmatively determined that the state 

has submitted the required plan, the 

highway funding sanction applies in the 

area. No later than 2 years after the EPA 

makes the finding, if the state has not 

submitted, and EPA has not approved, 

the required SIP, the EPA must 

promulgate a Federal Implementation 

Plan. 

DATES: This action will be effective on 

October 26, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Laura Lawrence, EPA Region IX, (415) 

972–3407, lawrence.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Notice and Comment Under the 

Administrative Procedure Act (APA) 

Section 553 of the APA, 5 U.S.C. 

553(b)(3)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. The 

EPA has determined that there is good 

cause for making this final agency 

action without prior proposal and 

opportunity for comment because no 

significant EPA judgment is involved in 

making a finding of failure to submit 

SIPs, or elements of SIPs, required by 

the CAA, where states have made no 

submission or incomplete submissions, 

to meet the requirement. Thus, notice 

and public procedures are unnecessary. 

The EPA finds that this constitutes good 

cause under 5 U.S.C. 553(b)(3)(B). 

I. Background and Overview 

A. Statutory Requirements 

On March 27, 2008, the EPA issued its 

final action to revise the NAAQS for 

ozone to establish new 8-hour 

standards.1 In that action, the EPA 

promulgated identical revised primary 

and secondary ozone standards, 

designed to protect public health and 

welfare, of 0.075 parts per million 

(ppm).2 Those standards are met when 

the 3-year average of the annual fourth 

highest daily maximum 8-hour average 

ozone concentration is less than or 

equal to 0.075 ppm.3

Promulgation of a revised NAAQS 

triggers a requirement for the EPA to 

designate areas of the country as 

nonattainment, attainment or 

unclassifiable for the standards. For the 

ozone NAAQS, this also involves 

classifying any nonattainment areas at 

the time of designation.4 Ozone 

nonattainment areas are classified based 

on the severity of their ozone levels (as 

determined based on the area’s ‘‘design 

value,’’ which represents air quality in 

the area for the most recent three years). 

The possible classifications for ozone 

nonattainment areas are Marginal, 

Moderate, Serious, Severe, and 

Extreme.5 Nonattainment areas with a 

‘‘lower’’ classification have ozone levels 

that are closer to the standard than areas 

with a ‘‘higher’’ classification.6

On May 21, 2012 and June 11, 2012, 

the EPA issued rules designating areas 

throughout the country as 

nonattainment, attainment, or 

unclassifiable for the 2008 ozone 

NAAQS, effective July 20, 2012, and 

establishing classifications for the 


Pmangrum on DSK3GDR082PROD with RULES