81 FR 37162 - Air Plan Approval; Minnesota; Sulfur Dioxide
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 111 (June 9, 2016)
Federal Register Volume 81, Issue 111 (June 9, 2016)
| Page Range | 37162-37164 | |
| FR Document | 2016-13604 |
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)] [Rules and Regulations] [Pages 37162-37164] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13604] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0136; FRL-9947-48-Region 5] Air Plan Approval; Minnesota; Sulfur Dioxide AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to the Minnesota sulfur dioxide (SO2 ) State Implementation Plan (SIP) for ELT Minneapolis, LLC's (ELT) River Road Industrial Center located in Fridley, Anoka County, Minnesota. The revision, submitted by the Minnesota Pollution Control Agency on February 24, 2016, updates information to reflect both administrative and equipment changes at the facility. The name of the facility has changed to BAE Technology Center (BAE). The revision will result in a significant decrease in SO2 emissions and will support the continued attainment and maintenance of the SO2 national ambient air quality standard (NAAQS) in the Twin Cities area. DATES: This rule is effective on August 8, 2016, unless EPA receives adverse written comments by July 11, 2016. If EPA receives adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2016-0136 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886-6031, [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 Information II. How is the SIP being revised? III. What is EPA's analysis of the state's submission? IV. What action is EPA taking? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background Information In the SIP, the ELT River Road Industrial Center is subject to specific restrictions as part of Minnesota's SIP for SO2 in the Twin Cities Seven County SO2 area (Twin Cities area).\1\ The SIP for ELT's River Road Industrial Center was most recently approved by EPA on August 3, 2010, (75 FR 148). --------------------------------------------------------------------------- \1\ The area was officially designated attainment of the SO2 NAAQS on July 31, 1995 (60 FR 28339). --------------------------------------------------------------------------- Currently, four fossil fuel-fired boilers (#1, #2, #3, and #4) and four emergency generators (#5, #6, #7, and #8) are the primary emission units at the facility. Boilers #1, #2, and #3 use natural gas as their primary fuel with distillate oil as a backup fuel. Boiler #4 uses natural gas for fuel. All the emergency generators use low sulfur diesel fuel. In addition, the facility is subject to fuel usage limitations to restrict the total facility SO2 emissions. II. How is the SIP being revised? On February 24, 2016, the MPCA submitted a revision to Minnesota's SO2 SIP for the ELT River Road Industrial Center. The revision, most specifically, reflects changes as a result of new ownership. In 2015, as part of a purchase agreement, corporate ownership transferred from ELT to the Gramercy Property Trust Fridley Owner LLC (GPT Fridley). GPT Fridley changed the name of the facility from River Road Industrial Center to BAE. Under new ownership, BAE will be used for office and warehouse space. The emergency generators are used for stand-by power, for both life-safety, and [[Page 37163]] communications in the event of electrical power is lost. The revised SIP identifies the boilers and emergency generators as both emission units (EU) and numbered equipment (EQUI). For example, boiler #4 (EU 004) is now identified as boiler #4 (EU 004/EQUI 1). Because part of the BAE facility had been demolished, boilers #1, #2, and #3, and emergency generators #7 and #8 were decommissioned and removed from the facility. Boiler #4, and emergency generators #5 and #6 were relocated within the facility. As part of the recent changes to the facility, boiler #4, which burns natural gas, has been modified to burn fuel oil as a backup fuel. Boiler #4 has a design capacity rated at 10.46 million British thermal units per hour (MMBtu/hr). BAE has imposed limits on boiler #4 to restrict its fuels to natural gas and distillate fuel oil, with a sulfur content limit on the fuel oil of less than or equal to 0.05 percent by weight. Boilers #1, #2, and #3, which had design capacities rated at 69.8, 69.8, and 35.1 MMBtu/hr, respectively, have been replaced with a newer, more efficient boiler. The new boiler #5 has a design capacity rated at 19.674 MMBtu/hr. Boiler #5 is restricted to combusting natural gas and distillate fuel oil with a sulfur content limit on the fuel oil of less than or equal to 0.05 percent by weight as a backup fuel. III. What is EPA's analysis of the state's submission? The SO2 emission units operating at the BAE facility are boilers #4 and #5 and two emergency generators (#5 and #6). Boilers #1, #2, and #3, and emergency generators #7 and #8 have been removed from the facility. Boiler #4's potential SO2 emissions increase by 2.33 tons per year.\2\ Boiler #5's potential SO2 emissions using distillate fuel as a backup fuel are 4.37 tons per year. --------------------------------------------------------------------------- \2\ Section 3 of Minnesota's technical support document provides a full analysis of the emission calculations and the results of the emission changes. --------------------------------------------------------------------------- Overall, the emissions change from replacing the three older boilers (#1, #2, and #3) with a new, more efficient boiler #5, coupled with modifications to boiler #4 to burn fuel oil as a backup fuel, result in a significant decrease in SO2 emissions at the BAE facility. This action reduces the facility's total SO2 emissions from 39.76 tons per year to 7.25 tons per year. The net emissions change is a reduction of 32.51 tons of SO2 per year for the BAE facility. SO2 monitors near the BAE facility are currently measuring values less than 10 parts per billion (ppb), well below the 1-hour SO2 NAAQS of 75 ppb. EPA expects the air quality in the Twin Cities area to remain protected with the revisions being approved. The revised SO2 SIP for the BAE facility provides for reductions in allowable emissions, and therefore, strengthens the SO2 SIP for the Twin Cities area. Thus, EPA believes the BAE facility revision request is approvable. IV. What action is EPA taking? EPA is approving the request by Minnesota to revise the SO2 SIP as it applies to the BAE Technology Center. Specifically, EPA is approving into the SIP those portions of the BAE Technology Center facility Joint Title I/Title V document, permit No. 00300245-003, cited as ``[Title I Condition: 40 CFR 50.4(SO2 SIP), Title I Condition: 40 CFR 51, Title I Condition: 40 CFR pt. 52, subp. Y].'' This replaces the current SO2 SIP for ELT Minneapolis, LLC. This revision will result in an overall reduction of SO2 emissions at the facility, which supports the continued attainment and maintenance of the SO2 NAAQS in the Twin Cities area. We are publishing this action without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comments. However, in the proposed rules section of this Federal Register publication, we are publishing a separate document that will serve as the proposal to approve the state plan if relevant adverse written comments are filed. This rule will be effective August 8, 2016 without further notice unless we receive relevant adverse written comments by July 11, 2016. If we receive such comments, we will withdraw this action before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on the proposed action. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. If we do not receive any comments, this action will be effective August 8, 2016. V. 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 by reference of the Minnesota regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available through www.regulations.gov and/or at the appropriate EPA office (see the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). VI. Statutory and Executive Order Reviews Under the Clean Air Act (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 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 [[Page 37164]] 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 August 8, 2016. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Reporting and recordkeeping requirements, Sulfur dioxide. Dated: May 31, 2016. 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 (d) is amended by removing the entry for ``ELT Minneapolis, LLC'' and adding in alphabetical order an entry for ``BAE Technology Center'' to read as follows: Sec. 52.1220 Identification of plan. * * * * * (d) * * * EPA-Approved Minnesota Source-Specific Permits ---------------------------------------------------------------------------------------------------------------- State Name of source Permit No. effective date EPA approval date Comments ---------------------------------------------------------------------------------------------------------------- * * * * * * * BAE Technology Center............ 00300245-003 01/20/16 6/9/16, [Insert Only conditions cited as Federal Register ``[Title I Condition: citation]. 40 CFR 50.4(SO2 SIP), Title I Condition: 40 CFR 51, Title I Condition: 40 CFR pt. 52, subp. Y]''. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-13604 Filed 6-8-16; 8:45 am] BILLING CODE 6560-50-P
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EPA-APPROVED INDIANA REGULATIONS
Indiana
Indiana citation Subject effective EPA approval date Notes
date
* * * * * * *
Article 8: Volatile Organic Compound Rules
Rule 4: Petroleum Sources
8–4–1 ........................................... Applicability .................................. 3/5/2015 6/9/2016, [Insert Federal
Register citation].
* * * * * * *
8–4–6 ........................................... Gasoline dispensing facilities ...... 3/5/2015 6/9/2016, [Insert Federal
Register citation].
* * * * * * *
* * * * * www.regulations.gov or via email to II. How is the SIP being revised?
[FR Doc. 2016–13605 Filed 6–8–16; 8:45 am] blakley.pamela@epa.gov. For comments III. What is EPA’s analysis of the state’s
BILLING CODE 6560–50–P submitted at Regulations.gov, follow the submission?
IV. What action is EPA taking?
online instructions for submitting V. Incorporation by Reference
comments. Once submitted, comments VI. Statutory and Executive Order Reviews
ENVIRONMENTAL PROTECTION cannot be edited or removed from
AGENCY Regulations.gov. For either manner of I. Background Information
submission, EPA may publish any In the SIP, the ELT River Road
40 CFR Part 52 comment received to its public docket. Industrial Center is subject to specific
[EPA–R05–OAR–2015–0136; FRL–9947–48– Do not submit electronically any restrictions as part of Minnesota’s SIP
Region 5] information you consider to be for SO2 in the Twin Cities Seven County
Confidential Business Information (CBI) SO2 area (Twin Cities area).1 The SIP for
Air Plan Approval; Minnesota; Sulfur ELT’s River Road Industrial Center was
or other information whose disclosure is
Dioxide most recently approved by EPA on
restricted by statute. Multimedia
AGENCY: Environmental Protection submissions (audio, video, etc.) must be August 3, 2010, (75 FR 148).
Agency (EPA). accompanied by a written comment. Currently, four fossil fuel-fired boilers
ACTION: Direct final rule. The written comment is considered the (#1, #2, #3, and #4) and four emergency
official comment and should include generators (#5, #6, #7, and #8) are the
SUMMARY: The Environmental Protection discussion of all points you wish to primary emission units at the facility.
Agency (EPA) is approving a revision to make. EPA will generally not consider Boilers #1, #2, and #3 use natural gas as
the Minnesota sulfur dioxide (SO2) State comments or comment contents located their primary fuel with distillate oil as
Implementation Plan (SIP) for ELT outside of the primary submission (i.e. a backup fuel. Boiler #4 uses natural gas
Minneapolis, LLC’s (ELT) River Road for fuel. All the emergency generators
on the web, cloud, or other file sharing
Industrial Center located in Fridley, use low sulfur diesel fuel. In addition,
system). For additional submission
Anoka County, Minnesota. The revision, the facility is subject to fuel usage
methods, please contact the person
submitted by the Minnesota Pollution limitations to restrict the total facility
identified in the FOR FURTHER
Control Agency on February 24, 2016, SO2 emissions.
INFORMATION CONTACT section. For the
updates information to reflect both
full EPA public comment policy, II. How is the SIP being revised?
administrative and equipment changes
information about CBI or multimedia On February 24, 2016, the MPCA
at the facility. The name of the facility
submissions, and general guidance on submitted a revision to Minnesota’s SO2
has changed to BAE Technology Center
(BAE). The revision will result in a making effective comments, please visit SIP for the ELT River Road Industrial
significant decrease in SO2 emissions http://www2.epa.gov/dockets/ Center. The revision, most specifically,
and will support the continued commenting-epa-dockets. reflects changes as a result of new
attainment and maintenance of the SO2 FOR FURTHER INFORMATION CONTACT: ownership.
national ambient air quality standard Charles Hatten, Environmental In 2015, as part of a purchase
(NAAQS) in the Twin Cities area. Engineer, Control Strategies Section, Air agreement, corporate ownership
DATES: This rule is effective on August Programs Branch (AR–18J), transferred from ELT to the Gramercy
8, 2016, unless EPA receives adverse Environmental Protection Agency, Property Trust Fridley Owner LLC (GPT
written comments by July 11, 2016. If Region 5, 77 West Jackson Boulevard, Fridley). GPT Fridley changed the name
EPA receives adverse comments, EPA Chicago, Illinois 60604, (312)886–6031, of the facility from River Road Industrial
will publish a timely withdrawal of the hatten.charles@epa.gov. Center to BAE.
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Under new ownership, BAE will be
rule in the Federal Register and inform SUPPLEMENTARY INFORMATION:
used for office and warehouse space.
the public that the rule will not take Throughout this document whenever
The emergency generators are used for
effect. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
stand-by power, for both life-safety, and
ADDRESSES: Submit your comments, EPA. This supplementary information
identified by Docket ID No. EPA–R05– section is arranged as follows: 1 The area was officially designated attainment of
OAR–2016–0136 at http:// I. Background Information the SO2 NAAQS on July 31, 1995 (60 FR 28339).
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communications in the event of parts per billion (ppb), well below the generally available through
electrical power is lost. 1-hour SO2 NAAQS of 75 ppb. EPA www.regulations.gov and/or at the
The revised SIP identifies the boilers expects the air quality in the Twin appropriate EPA office (see the FOR
and emergency generators as both Cities area to remain protected with the FURTHER INFORMATION CONTACT section of
emission units (EU) and numbered revisions being approved. this preamble for more information).
equipment (EQUI). For example, boiler The revised SO2 SIP for the BAE
#4 (EU 004) is now identified as boiler facility provides for reductions in VI. Statutory and Executive Order
#4 (EU 004/EQUI 1). allowable emissions, and therefore, Reviews
Because part of the BAE facility had strengthens the SO2 SIP for the Twin Under the Clean Air Act (CAA), the
been demolished, boilers #1, #2, and #3, Cities area. Thus, EPA believes the BAE Administrator is required to approve a
and emergency generators #7 and #8 facility revision request is approvable. SIP submission that complies with the
were decommissioned and removed provisions of the CAA and applicable
from the facility. Boiler #4, and IV. What action is EPA taking?
Federal regulations. 42 U.S.C. 7410(k);
emergency generators #5 and #6 were EPA is approving the request by 40 CFR 52.02(a). Thus, in reviewing SIP
relocated within the facility. Minnesota to revise the SO2 SIP as it submissions, EPA’s role is to approve
As part of the recent changes to the applies to the BAE Technology Center. state choices, provided that they meet
facility, boiler #4, which burns natural Specifically, EPA is approving into the the criteria of the CAA. Accordingly,
gas, has been modified to burn fuel oil SIP those portions of the BAE this action merely approves state law as
as a backup fuel. Boiler #4 has a design Technology Center facility Joint Title I/ meeting Federal requirements and does
capacity rated at 10.46 million British Title V document, permit No. not impose additional requirements
thermal units per hour (MMBtu/hr). 00300245–003, cited as ‘‘[Title I beyond those imposed by state law. For
BAE has imposed limits on boiler #4 to Condition: 40 CFR 50.4(SO2 SIP), Title that reason, this action:
restrict its fuels to natural gas and I Condition: 40 CFR 51, Title I • Is not a ‘‘significant regulatory
distillate fuel oil, with a sulfur content Condition: 40 CFR pt. 52, subp. Y].’’ action’’ subject to review by the Office
limit on the fuel oil of less than or equal This replaces the current SO2 SIP for of Management and Budget under
to 0.05 percent by weight. ELT Minneapolis, LLC. Executive Orders 12866 (58 FR 51735,
Boilers #1, #2, and #3, which had This revision will result in an overall October 4, 1993) and 13563 (76 FR 3821,
design capacities rated at 69.8, 69.8, and reduction of SO2 emissions at the January 21, 2011);
35.1 MMBtu/hr, respectively, have been facility, which supports the continued • Does not impose an information
replaced with a newer, more efficient attainment and maintenance of the SO2 collection burden under the provisions
boiler. The new boiler #5 has a design NAAQS in the Twin Cities area. of the Paperwork Reduction Act (44
capacity rated at 19.674 MMBtu/hr. We are publishing this action without U.S.C. 3501 et seq.);
Boiler #5 is restricted to combusting prior proposal because we view this as • Is certified as not having a
natural gas and distillate fuel oil with a a noncontroversial amendment and significant economic impact on a
sulfur content limit on the fuel oil of anticipate no adverse comments. substantial number of small entities
less than or equal to 0.05 percent by However, in the proposed rules section under the Regulatory Flexibility Act (5
weight as a backup fuel. of this Federal Register publication, we U.S.C. 601 et seq.);
III. What is EPA’s analysis of the state’s are publishing a separate document that • Does not contain any unfunded
submission? will serve as the proposal to approve the mandate or significantly or uniquely
state plan if relevant adverse written affect small governments, as described
The SO2 emission units operating at comments are filed. This rule will be in the Unfunded Mandates Reform Act
the BAE facility are boilers #4 and #5 effective August 8, 2016 without further of 1995 (Pub. L. 104–4);
and two emergency generators (#5 and notice unless we receive relevant • Does not have Federalism
#6). Boilers #1, #2, and #3, and adverse written comments by July 11, implications as specified in Executive
emergency generators #7 and #8 have 2016. If we receive such comments, we Order 13132 (64 FR 43255, August 10,
been removed from the facility. will withdraw this action before the 1999);
Boiler #4’s potential SO2 emissions effective date by publishing a • Is not an economically significant
increase by 2.33 tons per year.2 Boiler subsequent document that will regulatory action based on health or
#5’s potential SO2 emissions using withdraw the final action. All public safety risks subject to Executive Order
distillate fuel as a backup fuel are 4.37 comments received will then be 13045 (62 FR 19885, April 23, 1997);
tons per year. addressed in a subsequent final rule • Is not a significant regulatory action
Overall, the emissions change from subject to Executive Order 13211 (66 FR
based on the proposed action. EPA will
replacing the three older boilers (#1, #2, 28355, May 22, 2001);
not institute a second comment period.
and #3) with a new, more efficient • Is not subject to requirements of
Any parties interested in commenting
boiler #5, coupled with modifications to Section 12(d) of the National
on this action should do so at this time.
boiler #4 to burn fuel oil as a backup Technology Transfer and Advancement
If we do not receive any comments, this
fuel, result in a significant decrease in Act of 1995 (15 U.S.C. 272 note) because
action will be effective August 8, 2016.
SO2 emissions at the BAE facility. This application of those requirements would
action reduces the facility’s total SO2 V. Incorporation by Reference be inconsistent with the CAA; and
emissions from 39.76 tons per year to In this rule, EPA is finalizing • Does not provide EPA with the
7.25 tons per year. The net emissions regulatory text that includes discretionary authority to address, as
change is a reduction of 32.51 tons of incorporation by reference. In appropriate, disproportionate human
SO2 per year for the BAE facility. accordance with requirements of 1 CFR
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health or environmental effects, using
SO2 monitors near the BAE facility are 51.5, EPA is finalizing the incorporation practicable and legally permissible
currently measuring values less than 10 by reference of the Minnesota methods, under Executive Order 12898
2 Section 3 of Minnesota’s technical support
regulations described in the (59 FR 7629, February 16, 1994).
document provides a full analysis of the emission
amendments to 40 CFR part 52 set forth In addition, the SIP is not approved
calculations and the results of the emission below. The EPA has made, and will to apply on any Indian reservation land
changes. continue to make, these documents or in any other area where EPA or an
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Indian tribe has demonstrated that a Under section 307(b)(1) of the CAA, List of Subjects in 40 CFR Part 52
tribe has jurisdiction. In those areas of petitions for judicial review of this Environmental protection, Air
Indian country, the rule does not have action must be filed in the United States pollution control, Incorporation by
tribal implications and will not impose Court of Appeals for the appropriate reference, Intergovernmental relations,
substantial direct costs on tribal circuit by August 8, 2016. Filing a Reporting and recordkeeping
governments or preempt tribal law as petition for reconsideration by the requirements, Sulfur dioxide.
specified by Executive Order 13175 (65 Administrator of this final rule does not
FR 67249, November 9, 2000). Dated: May 31, 2016.
affect the finality of this action for the
Robert A. Kaplan,
The Congressional Review Act, 5 purposes of judicial review nor does it
U.S.C. 801 et seq., as added by the Small Acting Regional Administrator, Region 5.
extend the time within which a petition
Business Regulatory Enforcement for judicial review may be filed, and 40 CFR part 52 is amended as follows:
Fairness Act of 1996, generally provides shall not postpone the effectiveness of
that before a rule may take effect, the PART 52—APPROVAL AND
such rule or action. Parties with
agency promulgating the rule must PROMULGATION OF
objections to this direct final rule are
submit a rule report, which includes a IMPLEMENTATION PLANS
encouraged to file a comment in
copy of the rule, to each House of the response to the parallel notice of ■ 1. The authority citation for part 52
Congress and to the Comptroller General proposed rulemaking for this action continues to read as follows:
of the United States. EPA will submit a published in the proposed rules section
report containing this action and other Authority: 42 U.S.C. 7401 et seq.
of today’s Federal Register, rather than
required information to the U.S. Senate, ■ 2. In § 52.1220, the table in paragraph
file an immediate petition for judicial
the U.S. House of Representatives, and (d) is amended by removing the entry
review of this direct final rule, so that
the Comptroller General of the United for ‘‘ELT Minneapolis, LLC’’ and adding
EPA can withdraw this direct final rule
States prior to publication of the rule in in alphabetical order an entry for ‘‘BAE
the Federal Register. A major rule and address the comment in the
proposed rulemaking. This action may Technology Center’’ to read as follows:
cannot take effect until 60 days after it
is published in the Federal Register. not be challenged later in proceedings to § 52.1220 Identification of plan.
This action is not a ‘‘major rule’’ as enforce its requirements. (See section * * * * *
defined by 5 U.S.C. 804(2). 307(b)(2).) (d) * * *
EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS
State effective
Name of source Permit No. EPA approval date Comments
date
* * * * * * *
BAE Technology Center .. 00300245–003 01/20/16 6/9/16, [Insert Federal Only conditions cited as ‘‘[Title I Condition: 40 CFR
Register citation]. 50.4(SO2 SIP), Title I Condition: 40 CFR 51, Title I
Condition: 40 CFR pt. 52, subp. Y]’’.
* * * * * * *
* * * * * SUMMARY: NMFS implements managed under the Fishery
[FR Doc. 2016–13604 Filed 6–8–16; 8:45 am] accountability measures (AMs) for Management Plan for the Snapper-
BILLING CODE 6560–50–P commercial snowy grouper in the Grouper Fishery of the South Atlantic
exclusive economic zone (EEZ) of the Region (FMP). The FMP was prepared
South Atlantic. NMFS projects by the South Atlantic Fishery
DEPARTMENT OF COMMERCE commercial landings for snowy grouper Management Council and is
will reach the commercial annual catch implemented by NMFS under the
National Oceanic and Atmospheric limit (ACL) by June 14, 2016. Therefore, authority of the Magnuson-Stevens
Administration NMFS closes the commercial sector for Fishery Conservation and Management
snowy grouper in the South Atlantic Act (Magnuson-Stevens Act) by
50 CFR Part 622 EEZ on June 14, 2016, and it will remain regulations at 50 CFR part 622.
[Docket No. 0907271173–0629–03] closed until the start of the next fishing The commercial ACL (commercial
season on January 1, 2017. This closure quota) for snowy grouper in the South
RIN 0648–XE666 is necessary to protect the snowy Atlantic is 125,760 lb (57,044 kg), gutted
grouper resource. weight, 148,397 lb (67,312 kg), round
Fisheries of the Caribbean, Gulf of weight, for the current fishing year,
Mexico, and South Atlantic; 2015 DATES: This rule is effective 12:01 a.m.,
local time, June 14, 2016, until 12:01 January 1 through December 31, 2016,
Commercial Accountability Measure as specified in 50 CFR 622.190(a)(1)(ii).
and Closure for South Atlantic Snowy a.m., local time, January 1, 2017.
Under 50 CFR 622.193(b)(1), NMFS is
Grouper FOR FURTHER INFORMATION CONTACT: required to close the commercial sector
rmajette on DSK2TPTVN1PROD with RULES
Mary Vara, NMFS Southeast Regional for snowy grouper when the commercial
AGENCY: National Marine Fisheries Office, telephone: 727–824–5305, email:
Service (NMFS), National Oceanic and quota is reached, or is projected to be
mary.vara@noaa.gov. reached, by filing a notification to that
Atmospheric Administration (NOAA),
Commerce. SUPPLEMENTARY INFORMATION: The effect with the Office of the Federal
snapper-grouper fishery of the South Register. NMFS projects that
ACTION: Temporary rule; closure.
Atlantic includes snowy grouper and is commercial landings of South Atlantic
VerDate Sep<11>2014 14:17 Jun 08, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1](https://thefederalregister.org/doc/81_FR_37273/page/3.svg)
Document Created: 2018-02-08 07:33:50
Document Modified: 2018-02-08 07:33:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on August 8, 2016, unless EPA receives adverse written comments by July 11, 2016. If EPA receives adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886-6031, [email protected] | |
| FR Citation | 81 FR 37162 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Dioxide |
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