ENVIRONMENTAL PROTECTION AGENCY
<CFR>40 CFR Part 52</CFR>
<DEPDOC>[EPA-R05-OAR-2022-0974; FRL-12039-01-R5]</DEPDOC>
<SUBJECT>Air Plan Approval; Minnesota; Second Period Regional Haze Plan</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Environmental Protection Agency (EPA).
<HD SOURCE="HED">ACTION:</HD>
Proposed rule.
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
The Environmental Protection Agency (EPA) is proposing to approve the Regional Haze State Implementation Plan (SIP) revision submitted by the Minnesota Pollution Control Agency (Minnesota) on December 20, 2022, as satisfying applicable requirements under the Clean Air Act (CAA) and EPA's Regional Haze Rule (RHR) for the program's second implementation period. Minnesota's SIP submission addresses the requirement that states must periodically revise their long-term strategies for making reasonable progress towards the national goal of preventing any future, and remedying any existing, anthropogenic impairment of visibility, including regional haze, in mandatory Class I Federal areas. The SIP submission also addresses other applicable requirements for the second implementation period of the regional haze program. EPA is taking this action pursuant to sections 110 and 169A of the CAA.
</SUM>
<EFFDATE>
<HD SOURCE="HED">DATES:</HD>
Written comments must be received on or before August 12, 2024.
</EFFDATE>
<HD SOURCE="HED">ADDRESSES:</HD>
Submit your comments, identified by Docket ID No. EPA-R05-OAR-2022-0974 at
<E T="03">https://www.regulations.gov,</E>
or via email to
<E T="03">langman.michael@epa.gov.</E>
For comments submitted at
<E T="03">Regulations.gov</E>
, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from the docket. EPA may publish any comment received to its public docket. Do not submit to EPA's docket at
<E T="03">https://www.regulations.gov</E>
any information you consider to be confidential business information (CBI), Proprietary Business Information (PBI), 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 (
<E T="03">i.e.,</E>
on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the
<E T="02">FOR FURTHER INFORMATION CONTACT</E>
section. For the full EPA public comment policy, information about CBI, PBI, or multimedia submissions, and general guidance on making effective comments, please visit
<E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E>
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
Matt Rau, Air and Radiation Division (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6524,
<E T="03">rau.matthew@epa.gov.</E>
The EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.
<HD SOURCE="HD1">Table of Contents</HD>
<EXTRACT>
<FP SOURCE="FP-2">I. What action is EPA proposing?</FP>
<FP SOURCE="FP-2">II. Background and Requirements for Regional Haze Plans</FP>
<FP SOURCE="FP1-2">A. Regional Haze Background</FP>
<FP SOURCE="FP1-2">B. Roles of Agencies in Addressing Regional Haze</FP>
<FP SOURCE="FP-2">III. Requirements for Regional Haze Plans for the Second Implementation Period</FP>
<FP SOURCE="FP1-2">A. Identification of Class I Areas</FP>
<FP SOURCE="FP1-2">B. Calculations of Baseline, Current, and Natural Visibility Conditions; Progress to Date; and the Uniform Rate of Progress</FP>
<FP SOURCE="FP1-2">C. Long-Term Strategy for Regional Haze</FP>
<FP SOURCE="FP1-2">D. Reasonable Progress Goals</FP>
<FP SOURCE="FP1-2">E. Monitoring Strategy and Other State Implementation Plan Requirements</FP>
<FP SOURCE="FP1-2">F. Requirements for Periodic Reports Describing Progress Towards the Reasonable Progress Goals</FP>
<FP SOURCE="FP1-2">G. Requirements for State and Federal Land Manager Coordination</FP>
<FP SOURCE="FP-2">IV. EPA's Evaluation of Minnesota's Regional Haze Submission for the Second Implementation Period</FP>
<FP SOURCE="FP1-2">A. Background on Minnesota's First Implementation Period SIP Submission</FP>
<FP SOURCE="FP1-2">B. Minnesota's Second Implementation Period SIP Submission and EPA's Evaluation</FP>
<FP SOURCE="FP1-2">C. Identification of Class I Areas</FP>
<FP SOURCE="FP1-2">D. Calculations of Baseline, Current, and Natural Visibility Conditions; Progress to Date; and the Uniform Rate of Progress</FP>
<FP SOURCE="FP1-2">E. Long-Term Strategy for Regional Haze</FP>
<FP SOURCE="FP1-2">1. Emission Measures Necessary To Make Reasonable Progress</FP>
<FP SOURCE="FP1-2">2. EPA's Evaluation of Minnesota's Compliance With 40 CFR 51.308(f)(2)(i)</FP>
<FP SOURCE="FP1-2">3. Additional Long-Term Strategy Requirements</FP>
<FP SOURCE="FP1-2">F. Reasonable Progress Goals</FP>
<FP SOURCE="FP1-2">G. Monitoring Strategy and Other Implementation Plan Requirements</FP>
<FP SOURCE="FP1-2">H. Requirements for Periodic Reports Describing Progress Towards the Reasonable Progress Goals</FP>
<FP SOURCE="FP1-2">I. Requirements for State and Federal Land Manager Coordination</FP>
<FP SOURCE="FP-2">V. Environmental Justice Considerations</FP>
<FP SOURCE="FP-2">VI. Proposed Action</FP>
<FP SOURCE="FP-2">VII. Incorporation by Reference</FP>
<FP SOURCE="FP-2">VIII. Statutory and Executive Order Reviews</FP>
</EXTRACT>
<HD SOURCE="HD1">I. What action is EPA proposing?</HD>
On December 20, 2022, Minnesota submitted a revision to its SIP to address regional haze for the second implementation period. Minnesota made this SIP submission to satisfy the requirements of the CAA's regional haze program pursuant to CAA sections 169A and 169B and 40 CFR 51.308. EPA proposes to find that the Minnesota Regional Haze SIP submission for the second implementation period meets the applicable statutory and regulatory requirements. Thus, EPA proposes to approve Minnesota's submission into its SIP.
<HD SOURCE="HD1">II. Background and Requirements for Regional Haze Plans</HD>
<HD SOURCE="HD2">A. Regional Haze Background</HD>
In the 1977 CAA Amendments, Congress created a program for protecting visibility in the nation's mandatory Class I Federal areas, which include certain national parks and wilderness areas.
<SU>1</SU>
<FTREF/>
CAA 169A. The CAA establishes as a national goal the “prevention of any future, and the remedying of any existing, impairment of visibility in mandatory class I Federal areas which impairment results from manmade air pollution.” CAA 169A(a)(1). The CAA further directs EPA to promulgate regulations to assure reasonable progress toward meeting this national goal. CAA 169A(a)(4). On December 2, 1980, EPA promulgated regulations addressing visibility
impairment in mandatory Class I Federal areas (hereinafter referred to as “Class I areas”) that is “reasonably attributable” to a single source or small group of sources. (45 FR 80084, December 2, 1980). These regulations, codified at 40 CFR 51.300 through 51.307, represented the first phase of EPA's efforts to address visibility impairment. In 1990, Congress added section 169B to the CAA to further address visibility impairment, specifically, impairment from regional haze. CAA 169B. EPA promulgated the RHR, codified at 40 CFR 51.308,
<SU>2</SU>
<FTREF/>
on July 1, 1999. (64 FR 35714, July 1, 1999). These regional haze regulations are a central component of EPA's comprehensive visibility protection program for Class I areas.
<FTNT>
<SU>1</SU>
Areas statutorily designated as mandatory Class I Federal areas consist of national parks exceeding 6,000 acres, wilderness areas and national memorial parks exceeding 5,000 acres, and all international parks that were in existence on August 7, 1977. CAA 162(a). There are 156 mandatory Class I areas. The list of areas to which the requirements of the visibility protection program apply is in 40 CFR part 81, subpart D.
</FTNT>
<FTNT>
<SU>2</SU>
In addition to the generally applicable regional haze provisions at 40 CFR 51.308, EPA also promulgated regulations specific to addressing regional haze visibility impairment in Class I areas on the Colorado Plateau at 40 CFR 51.309. The latter regulations are applicable only for specific jurisdictions' regional haze plans submitted no later than December 17, 2007, and thus are not relevant here.
</FTNT>
Regional haze is a visibility impairment that is produced by a multitude of anthropogenic sources and activities that are located across a broad geographic area and that emit pollutants that impair visibility. Visibility impairing pollutants include fine and coarse particulate matter (PM) (
<E T="03">e.g.,</E>
sulfates, nitrates, organic carbon, elemental carbon, and soil dust) and their precursors (
<E T="03">e.g.,</E>
sulfur dioxide (SO
<E T="52">2</E>
), nitrogen oxides (NO
<E T="52">X</E>
), and, in some cases, volatile organic compounds (VOC) and ammonia (NH
<E T="52">3</E>
)). Fine particle precursors react in the atmosphere to form fine particulate matter (PM
<E T="52">2.5</E>
), which impairs visibility by scattering and absorbing light. Visibility impairment reduces the perception of clarity and color, as well as visible distance.
<SU>3</SU>
<FTREF/>
<FTNT>
<SU>3</SU>
There are several ways to measure the amount of visibility impairment,
<E T="03">i.e.,</E>
haze. One such measurement is the deciview, which is the principal metric used by the RH
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