81_FR_4902 81 FR 4884 - Air Plan Approval; Minnesota; Inver Hills SO2

81 FR 4884 - Air Plan Approval; Minnesota; Inver Hills SO2

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 18 (January 28, 2016)

Page Range4884-4886
FR Document2016-01577

The Environmental Protection Agency (EPA) is approving a revision to the Minnesota sulfur dioxide (SO<INF>2</INF>) State Implementation Plan (SIP) for Northern States Power Company's Xcel Energy-Inver Hills Generating Plant (Inver Hills), located in Inver Grove Heights, Minnesota. The revision, submitted by the Minnesota Pollution Control Agency (MPCA) on May 1, 2015, incorporates a more stringent limit for the sulfur content of the fuel used at the facility, and modifies the fuel analysis requirements to meet the more stringent limit. These revisions will not result in an increase in SO<INF>2</INF> emissions at the facility.

Federal Register, Volume 81 Issue 18 (Thursday, January 28, 2016)
[Federal Register Volume 81, Number 18 (Thursday, January 28, 2016)]
[Rules and Regulations]
[Pages 4884-4886]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01577]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0366; FRL-9941-53-Region 5]


Air Plan Approval; Minnesota; Inver Hills SO2

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 Northern States Power Company's Xcel 
Energy-Inver Hills Generating Plant (Inver Hills), located in Inver 
Grove Heights, Minnesota. The revision, submitted by the Minnesota 
Pollution Control Agency (MPCA) on May 1, 2015, incorporates a more 
stringent limit for the sulfur content of the fuel used at the 
facility, and modifies the fuel analysis requirements to meet the more 
stringent limit. These revisions will not result in an increase in 
SO2 emissions at the facility.

DATES: This rule is effective on March 28, 2016, unless EPA receives 
adverse written comments by February 29, 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-2015-0366 at http://www.regulations.gov or via email to 
blakley.pamela@epa.gov. 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, hatten.charles@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. What is the background for this action?
II. What changes are being made to the SO2 SIP for Inver 
Hills?
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. What is the background for this action?

    The Inver Hills facility is a 440 Megawatt peak demand electrical 
generation plant. The plant has six generation units, turbines EU 001-
EU 006, which can burn both natural gas and distillate fuel oil. In 
1980, Inver Hills was identified by the state of Minnesota as a 
culpable source in the Pine Bend portion of the Minneapolis-St. Paul 
SO2 nonattainment area in Dakota County. On July 28, 1992, 
MPCA issued an administrative order for Inver Hills to address the 
source's contribution to the nonattainment

[[Page 4885]]

problem. The SIP revision containing the administrative order was 
approved by EPA on September 9, 1994 (59 FR 46553). The area was 
subsequently redesignated to attainment of the SO2 National 
Ambient Air Quality Standards (NAAQS) on May 13, 1997 (62 FR 26230), 
and is now a maintenance area for SO2.
    On June 8, 2004 (69 FR 31891), EPA approved a Minnesota 
SO2 SIP revision, replacing the administrative order with 
Title I conditions for the Inver Hills facility. In addition, on 
December 5, 2007 (72 FR 68508), EPA approved a Minnesota SO2 
SIP revision, updating the Title I conditions for the Inver Hills 
facility.

II. What changes are being made to the SO2 SIP for Inver 
Hills?

    On May 1, 2015, MPCA submitted a request to EPA to revise the Title 
I SIP conditions in the SO2 SIP for the six electric 
generating turbines at the Inver Hills facility. The SIP revision 
reduces the allowable sulfur content limit for all fuels delivered to 
the facility from 0.48 percent by weight to 0.005 percent by weight. In 
addition, the SIP revision updates the requirements necessary to 
demonstrate compliance with this more stringent fuel limit.
    The Inver Hills SIP revision contains two methods for determining 
compliance with the sulfur limit for fuel oil. Method A requires Inver 
Hills to sample the fuel upon delivery to demonstrate compliance with 
the new lower fuel sulfur limit of 0.005 percent by weight. Method B 
requires the fuel supplier to provide a guarantee that the fuel oil has 
a sulfur content below a specific limit. If the fuel oil supplier 
provides that guarantee, Inver Hills is not required to conduct any 
additional sampling or analysis of the fuel oil. Since no sampling is 
required, the SIP revision reduces the sulfur content limit under 
Method B from 0.10 percent by weight to 0.0015 percent by weight.

III. What is EPA's analysis of the state's submission?

    The SIP revision submitted by Minnesota imposes more stringent 
limits on the sulfur content of the fuel used at the Inver Hills 
facility. In addition, the provisions for demonstrating compliance have 
been revised to reflect the more stringent fuel limits. A modeling 
analysis was not conducted for the Inver Hills because the SIP revision 
imposes more stringent SO2 emission limits at the facility, 
resulting in a decrease in SO2 emissions. Because the 
revision strengthens the existing SO2 SIP for Inver Hills, 
EPA deems the submittal approvable.

IV. What action is EPA taking?

    EPA is approving the request by Minnesota to revise the Title I SIP 
conditions in Minnesota's SO2 SIP that apply to the Inver 
Hills facility. Specifically, EPA is approving into the SIP only those 
portions of Inver Hills' Title V permit, No. 03700015-004, cited as 
``Title I Condition: State Implementation Plan for SO2.'' 
These Title I SIP conditions replace the current SO2 SIP for 
Inver Hills.
    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 March 28, 2016 
without further notice unless we receive relevant adverse written 
comments by February 29, 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 March 28, 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 electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES 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 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

[[Page 4886]]

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 March 28, 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: January 13, 2016.
Susan Hedman,
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 revising 
the entry for ``Xcel Energy-Inver Hills Generating Plant'' 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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Xcel Energy-Inver Hills              03700015-004        07/16/14  01/28/16, [Insert    Only conditions cited as
 Generating Plant.                                                  Federal Register     ``Title I condition:
                                                                    citation].           SIP for SO2 NAAQS.''
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-01577 Filed 1-27-16; 8:45 am]
 BILLING CODE 6560-50-P



                                           4884                 Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations

                                           Impacts: Policies and Procedures,’’                        beginning at lat. 39°43′57″ N., long.                  submitted at Regulations.gov, follow the
                                           paragraph 5–6.5a. This airspace action                     121°45′28″ W., clockwise along the Chico               online instructions for submitting
                                           is not expected to cause any potentially                   Municipal Airport 6-mile radius to lat.                comments. Once submitted, comments
                                                                                                      39°41′45″ N., long. 121°50′42″ W.; thence              cannot be edited or removed from
                                           significant environmental impacts, and
                                                                                                      along the 174° bearing to lat. 39°43′38″ N.,
                                           no extraordinary circumstances exist                       long. 121°51′05″ W., thence counter-
                                                                                                                                                             Regulations.gov. For either manner of
                                           that warrant preparation of an                             clockwise along the Ranchaero Airport 1-               submission, EPA may publish any
                                           environmental assessment.                                  mile radius to lat. 39°43′50″ N., long.                comment received to its public docket.
                                                                                                      121°53′12″ W., thence along the 200° bearing           Do not submit electronically any
                                           Lists of Subjects in 14 CFR Part 71                                                                               information you consider to be
                                                                                                      to the Chico Municipal Airport 6-mile radius,
                                             Airspace, Incorporation by reference,                    thence clockwise to lat. 39°53′31″ N., long.           Confidential Business Information (CBI)
                                           Navigation (air).                                          121°53′31″ W.; thence to lat. 39°51′48″ N.,            or other information whose disclosure is
                                                                                                      long. 121°52′04″ W., clockwise along the               restricted by statute. Multimedia
                                           Adoption of the Amendment                                  Chico Municipal Airport 4.1-mile radius to             submissions (audio, video, etc.) must be
                                             In consideration of the foregoing, the                   lat. 39°45′40″ N., long. 121°46′54″ W.; thence         accompanied by a written comment.
                                           Federal Aviation Administration                            to the point of beginning.
                                                                                                                                                             The written comment is considered the
                                           amends 14 CFR part 71 as follows:                            Issued in Seattle, Washington, on January            official comment and should include
                                                                                                      15, 2016.                                              discussion of all points you wish to
                                           PART 71—DESIGNATION OF CLASS A,                            Tracey Johnson,                                        make. EPA will generally not consider
                                           B, C, D, AND E AIRSPACE AREAS; AIR                         Manager, Operations Support Group, Western             comments or comment contents located
                                           TRAFFIC SERVICE ROUTES; AND                                Service Center.                                        outside of the primary submission (i.e.
                                           REPORTING POINTS                                           [FR Doc. 2016–01502 Filed 1–27–16; 8:45 am]            on the Web, cloud, or other file sharing
                                           ■ 1. The authority citation for Part 71                    BILLING CODE 4910–13–P                                 system). For additional submission
                                           continues to read as follows:                                                                                     methods, please contact the person
                                                                                                                                                             identified in the FOR FURTHER
                                             Authority: 49 U.S.C. 106(f), 106(g); 40103,                                                                     INFORMATION CONTACT section. For the
                                           40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,               ENVIRONMENTAL PROTECTION
                                           1959–1963 Comp., p. 389.                                   AGENCY                                                 full EPA public comment policy,
                                                                                                                                                             information about CBI or multimedia
                                           § 71.1       [Amended]                                     40 CFR Part 52                                         submissions, and general guidance on
                                           ■ 2. The incorporation by reference in                                                                            making effective comments, please visit
                                                                                                      [EPA–R05–OAR–2015–0366; FRL–9941–53–
                                           14 CFR 71.1 of FAA Order 7400.9Z,                          Region 5]
                                                                                                                                                             http://www2.epa.gov/dockets/
                                           Airspace Designations and Reporting                                                                               commenting-epa-dockets.
                                           Points, dated August 6, 2015, and                          Air Plan Approval; Minnesota; Inver                    FOR FURTHER INFORMATION CONTACT:
                                           effective September 15, 2015, is                           Hills SO2                                              Charles Hatten, Environmental
                                           amended as follows:                                                                                               Engineer, Control Strategies Section, Air
                                                                                                      AGENCY: Environmental Protection                       Programs Branch (AR–18J),
                                           Paragraph 5000         Class D Airspace.                   Agency (EPA).                                          Environmental Protection Agency,
                                           *        *      *       *      *                           ACTION: Direct final rule.                             Region 5, 77 West Jackson Boulevard,
                                           AWP CA D Chico, CA [Modified]                                                                                     Chicago, Illinois 60604, (312) 886–6031,
                                                                                                      SUMMARY:   The Environmental Protection                hatten.charles@epa.gov.
                                           Chico Municipal Airport, CA                                Agency (EPA) is approving a revision to
                                             (Lat. 39°47′43″ N., long. 121°51′30″ W.)                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                      the Minnesota sulfur dioxide (SO2) State
                                           Ranchaero Airport, Chico, CA                                                                                      Throughout this document whenever
                                             (Lat. 39°43′10″ N., long. 121°52′14″ W.)                 Implementation Plan (SIP) for Northern
                                                                                                                                                             ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                      States Power Company’s Xcel Energy-
                                             That airspace extending upward from the                                                                         EPA. This supplementary information
                                           surface to and including 2,700 feet MSL                    Inver Hills Generating Plant (Inver
                                                                                                                                                             section is arranged as follows:
                                           within a 4.1-mile radius of Chico Municipal                Hills), located in Inver Grove Heights,
                                           Airport, excluding the portion within a 1-                 Minnesota. The revision, submitted by                  I. What is the background for this action?
                                           mile radius of Ranchaero Airport. This Class               the Minnesota Pollution Control Agency                 II. What changes are being made to the SO2
                                           D airspace area is effective during the                                                                                SIP for Inver Hills?
                                                                                                      (MPCA) on May 1, 2015, incorporates a
                                           specific dates and times established in                                                                           III. What is EPA’s analysis of the state’s
                                                                                                      more stringent limit for the sulfur                         submission?
                                           advance by a Notice to Airmen. The effective               content of the fuel used at the facility,
                                           date and time will thereafter be continuously                                                                     IV. What action is EPA taking?
                                           published in the Airport/Facility Directory.
                                                                                                      and modifies the fuel analysis                         V. Incorporation by Reference
                                                                                                      requirements to meet the more stringent                VI. Statutory and Executive Order Reviews
                                           Paragraph 6004 Class E Airspace Areas                      limit. These revisions will not result in
                                           Designated as an Extension to a Class D or                                                                        I. What is the background for this
                                                                                                      an increase in SO2 emissions at the
                                           Class E Surface Area.                                                                                             action?
                                                                                                      facility.
                                           *        *      *       *      *                                                                                     The Inver Hills facility is a 440
                                                                                                      DATES:  This rule is effective on March                Megawatt peak demand electrical
                                           AWP CA E4           Chico, CA [Removed]                    28, 2016, unless EPA receives adverse                  generation plant. The plant has six
                                           Paragraph 6005 Class E Airspace Areas                      written comments by February 29, 2016.                 generation units, turbines EU 001–EU
                                           Extending Upward From 700 Feet or More                     If EPA receives adverse comments, EPA                  006, which can burn both natural gas
                                           Above the Surface of the Earth.                            will publish a timely withdrawal of the                and distillate fuel oil. In 1980, Inver
                                           *        *      *       *      *                           rule in the Federal Register and inform                Hills was identified by the state of
                                                                                                      the public that the rule will not take                 Minnesota as a culpable source in the
wgreen on DSK2VPTVN1PROD with RULES




                                           AWP CA E5 Chico, CA [Modified]
                                                                                                      effect.                                                Pine Bend portion of the Minneapolis-
                                           Chico Municipal Airport, CA
                                             (Lat. 39°47′43″ N., long. 121°51′30″ W.)                 ADDRESSES:  Submit your comments,                      St. Paul SO2 nonattainment area in
                                           Ranchaero Airport, Chico, CA                               identified by Docket ID No. EPA–R05–                   Dakota County. On July 28, 1992, MPCA
                                             (Lat. 39°43′10″ N., long. 121°52′14″ W.)                 OAR–2015–0366 at http://                               issued an administrative order for Inver
                                             That airspace extending upward from 700                  www.regulations.gov or via email to                    Hills to address the source’s
                                           feet above the surface bounded by a line                   blakley.pamela@epa.gov. For comments                   contribution to the nonattainment


                                      VerDate Sep<11>2014      13:11 Jan 27, 2016   Jkt 238001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\28JAR1.SGM   28JAR1


                                                            Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations                                           4885

                                           problem. The SIP revision containing                    IV. What action is EPA taking?                         meeting Federal requirements and does
                                           the administrative order was approved                      EPA is approving the request by                     not impose additional requirements
                                           by EPA on September 9, 1994 (59 FR                      Minnesota to revise the Title I SIP                    beyond those imposed by state law. For
                                           46553). The area was subsequently                       conditions in Minnesota’s SO2 SIP that                 that reason, this action:
                                           redesignated to attainment of the SO2                                                                             • Is not a ‘‘significant regulatory
                                                                                                   apply to the Inver Hills facility.
                                           National Ambient Air Quality Standards                                                                         action’’ subject to review by the Office
                                                                                                   Specifically, EPA is approving into the
                                           (NAAQS) on May 13, 1997 (62 FR                                                                                 of Management and Budget under
                                                                                                   SIP only those portions of Inver Hills’
                                           26230), and is now a maintenance area                                                                          Executive Orders 12866 (58 FR 51735,
                                                                                                   Title V permit, No. 03700015–004, cited
                                           for SO2.                                                                                                       October 4, 1993) and 13563 (76 FR 3821,
                                             On June 8, 2004 (69 FR 31891), EPA                    as ‘‘Title I Condition: State
                                                                                                                                                          January 21, 2011);
                                           approved a Minnesota SO2 SIP revision,                  Implementation Plan for SO2.’’ These                      • Does not impose an information
                                           replacing the administrative order with                 Title I SIP conditions replace the                     collection burden under the provisions
                                           Title I conditions for the Inver Hills                  current SO2 SIP for Inver Hills.                       of the Paperwork Reduction Act (44
                                           facility. In addition, on December 5,                      We are publishing this action without               U.S.C. 3501 et seq.);
                                           2007 (72 FR 68508), EPA approved a                      prior proposal because we view this as                    • Is certified as not having a
                                           Minnesota SO2 SIP revision, updating                    a noncontroversial amendment and                       significant economic impact on a
                                           the Title I conditions for the Inver Hills              anticipate no adverse comments.                        substantial number of small entities
                                           facility.                                               However, in the proposed rules section                 under the Regulatory Flexibility Act (5
                                                                                                   of this Federal Register publication, we               U.S.C. 601 et seq.);
                                           II. What changes are being made to the                  are publishing a separate document that                   • Does not contain any unfunded
                                           SO2 SIP for Inver Hills?                                will serve as the proposal to approve the              mandate or significantly or uniquely
                                              On May 1, 2015, MPCA submitted a                     state plan if relevant adverse written                 affect small governments, as described
                                           request to EPA to revise the Title I SIP                comments are filed. This rule will be                  in the Unfunded Mandates Reform Act
                                           conditions in the SO2 SIP for the six                   effective March 28, 2016 without further               of 1995 (Pub. L. 104–4);
                                           electric generating turbines at the Inver               notice unless we receive relevant                         • Does not have Federalism
                                           Hills facility. The SIP revision reduces                adverse written comments by February                   implications as specified in Executive
                                           the allowable sulfur content limit for all              29, 2016. If we receive such comments,                 Order 13132 (64 FR 43255, August 10,
                                           fuels delivered to the facility from 0.48               we will withdraw this action before the                1999);
                                           percent by weight to 0.005 percent by                   effective date by publishing a                            • Is not an economically significant
                                           weight. In addition, the SIP revision                   subsequent document that will                          regulatory action based on health or
                                           updates the requirements necessary to                   withdraw the final action. All public                  safety risks subject to Executive Order
                                           demonstrate compliance with this more                   comments received will then be                         13045 (62 FR 19885, April 23, 1997);
                                           stringent fuel limit.                                   addressed in a subsequent final rule                      • Is not a significant regulatory action
                                              The Inver Hills SIP revision contains                based on the proposed action. EPA will                 subject to Executive Order 13211 (66 FR
                                           two methods for determining                             not institute a second comment period.                 28355, May 22, 2001);
                                           compliance with the sulfur limit for fuel               Any parties interested in commenting                      • Is not subject to requirements of
                                           oil. Method A requires Inver Hills to                   on this action should do so at this time.              Section 12(d) of the National
                                           sample the fuel upon delivery to                        If we do not receive any comments, this                Technology Transfer and Advancement
                                           demonstrate compliance with the new                     action will be effective March 28, 2016.               Act of 1995 (15 U.S.C. 272 note) because
                                           lower fuel sulfur limit of 0.005 percent                                                                       application of those requirements would
                                                                                                   V. Incorporation by Reference
                                           by weight. Method B requires the fuel                                                                          be inconsistent with the CAA; and
                                           supplier to provide a guarantee that the                  In this rule, EPA is finalizing                         • Does not provide EPA with the
                                           fuel oil has a sulfur content below a                   regulatory text that includes                          discretionary authority to address, as
                                           specific limit. If the fuel oil supplier                incorporation by reference. In                         appropriate, disproportionate human
                                           provides that guarantee, Inver Hills is                 accordance with requirements of 1 CFR                  health or environmental effects, using
                                           not required to conduct any additional                  51.5, EPA is finalizing the incorporation              practicable and legally permissible
                                           sampling or analysis of the fuel oil.                   by reference of the Minnesota                          methods, under Executive Order 12898
                                           Since no sampling is required, the SIP                  regulations described in the                           (59 FR 7629, February 16, 1994).
                                           revision reduces the sulfur content limit               amendments to 40 CFR part 52 set forth                    In addition, the SIP is not approved
                                           under Method B from 0.10 percent by                     below. The EPA has made, and will                      to apply on any Indian reservation land
                                           weight to 0.0015 percent by weight.                     continue to make, these documents                      or in any other area where EPA or an
                                                                                                   generally available electronically                     Indian tribe has demonstrated that a
                                           III. What is EPA’s analysis of the state’s              through www.regulations.gov and/or in                  tribe has jurisdiction. In those areas of
                                           submission?                                             hard copy at the appropriate EPA office                Indian country, the rule does not have
                                              The SIP revision submitted by                        (see the ADDRESSES section of this                     tribal implications and will not impose
                                           Minnesota imposes more stringent                        preamble for more information).                        substantial direct costs on tribal
                                           limits on the sulfur content of the fuel                                                                       governments or preempt tribal law as
                                           used at the Inver Hills facility. In                    VI. Statutory and Executive Order
                                                                                                                                                          specified by Executive Order 13175 (65
                                           addition, the provisions for                            Reviews
                                                                                                                                                          FR 67249, November 9, 2000).
                                           demonstrating compliance have been                        Under the Clean Air Act (CAA), the                      The Congressional Review Act, 5
                                           revised to reflect the more stringent fuel              Administrator is required to approve a                 U.S.C. 801 et seq., as added by the Small
                                           limits. A modeling analysis was not                     SIP submission that complies with the                  Business Regulatory Enforcement
                                           conducted for the Inver Hills because                   provisions of the CAA and applicable                   Fairness Act of 1996, generally provides
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                                           the SIP revision imposes more stringent                 Federal regulations. 42 U.S.C. 7410(k);                that before a rule may take effect, the
                                           SO2 emission limits at the facility,                    40 CFR 52.02(a). Thus, in reviewing SIP                agency promulgating the rule must
                                           resulting in a decrease in SO2 emissions.               submissions, EPA’s role is to approve                  submit a rule report, which includes a
                                           Because the revision strengthens the                    state choices, provided that they meet                 copy of the rule, to each House of the
                                           existing SO2 SIP for Inver Hills, EPA                   the criteria of the CAA. Accordingly,                  Congress and to the Comptroller General
                                           deems the submittal approvable.                         this action merely approves state law as               of the United States. EPA will submit a


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                                           4886               Federal Register / Vol. 81, No. 18 / Thursday, January 28, 2016 / Rules and Regulations

                                           report containing this action and other                    such rule or action. Parties with                             Dated: January 13, 2016.
                                           required information to the U.S. Senate,                   objections to this direct final rule are                    Susan Hedman,
                                           the U.S. House of Representatives, and                     encouraged to file a comment in                             Regional Administrator, Region 5.
                                           the Comptroller General of the United                      response to the parallel notice of
                                           States prior to publication of the rule in                 proposed rulemaking for this action                             40 CFR part 52 is amended as follows:
                                           the Federal Register. A major rule                         published in the proposed rules section
                                           cannot take effect until 60 days after it                  of today’s Federal Register, rather than                    PART 52—APPROVAL AND
                                           is published in the Federal Register.                      file an immediate petition for judicial                     PROMULGATION OF
                                           This action is not a ‘‘major rule’’ as                     review of this direct final rule, so that                   IMPLEMENTATION PLANS
                                           defined by 5 U.S.C. 804(2).                                EPA can withdraw this direct final rule
                                              Under section 307(b)(1) of the CAA,                     and address the comment in the                              ■ 1. The authority citation for part 52
                                           petitions for judicial review of this                      proposed rulemaking. This action may                        continues to read as follows:
                                           action must be filed in the United States                  not be challenged later in proceedings to                       Authority: 42 U.S.C. 7401 et seq.
                                           Court of Appeals for the appropriate                       enforce its requirements. (See section
                                           circuit by March 28, 2016. Filing a                        307(b)(2).)                                                 ■  2. In § 52.1220, the table in paragraph
                                           petition for reconsideration by the                                                                                    (d) is amended by revising the entry for
                                           Administrator of this final rule does not                  List of Subjects in 40 CFR Part 52                          ‘‘Xcel Energy-Inver Hills Generating
                                           affect the finality of this action for the                   Environmental protection, Air                             Plant’’ to read as follows:
                                           purposes of judicial review nor does it                    pollution control, Incorporation by
                                                                                                                                                                  § 52.1220    Identification of plan.
                                           extend the time within which a petition                    reference, Intergovernmental relations,
                                           for judicial review may be filed, and                      Reporting and recordkeeping                                 *       *   *        *    *
                                           shall not postpone the effectiveness of                    requirements, Sulfur dioxide.                                   (d) * * *
                                                                                          EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS
                                                                                                       State
                                                 Name of Source                    Permit No.         effective             EPA Approval date                                      Comments
                                                                                                        date


                                                    *                          *                        *                        *                          *                    *                     *
                                           Xcel Energy-Inver Hills            03700015–004                  07/16/14     01/28/16, [Insert Federal          Only conditions cited as ‘‘Title I condition: SIP for
                                             Generating Plant.                                                             Register citation].                SO2 NAAQS.’’

                                                      *                        *                        *                           *                       *                      *                      *



                                           *      *       *       *      *                            facility near Carthage, Missouri. CCL is                    considered the official comment and
                                           [FR Doc. 2016–01577 Filed 1–27–16; 8:45 am]                a limestone quarry operation. The                           should include discussion of all points
                                           BILLING CODE 6560–50–P                                     consent judgment between the State of                       you wish to make. EPA will generally
                                                                                                      Missouri and CCL includes measures                          not consider comments or comment
                                                                                                      that will control PM10 emissions from                       contents located outside of the primary
                                           ENVIRONMENTAL PROTECTION                                   the facility. This approval will make the                   submission (i.e. on the web, cloud, or
                                           AGENCY                                                     consent judgment Federally-enforceable.                     other file sharing system). For
                                                                                                      DATES: This direct final rule will be
                                                                                                                                                                  additional submission methods, the full
                                           40 CFR Part 52                                                                                                         EPA public comment policy,
                                                                                                      effective March 28, 2016, without
                                                                                                      further notice, unless EPA receives                         information about CBI or multimedia
                                           [EPA–R07–OAR–2015–0644; FRL–9941–68–
                                           Region 7]                                                  adverse comment by February 29, 2016.                       submissions, and general guidance on
                                                                                                      If EPA receives adverse comment, we                         making effective comments, please visit
                                           Approval of Missouri’s Air Quality                                                                                     http://www2.epa.gov/dockets/
                                                                                                      will publish a timely withdrawal of the
                                           Implementation Plans; Americold                                                                                        commenting-epa-dockets.
                                                                                                      direct final rule in the Federal Register
                                           Logistics, LLC 24-Hour Particulate                         informing the public that the rule will                     FOR FURTHER INFORMATION CONTACT:
                                           Matter (PM10) National Ambient Air                         not take effect.                                            Heather Hamilton, Environmental
                                           Quality Standard (NAAQS) Consent                                                                                       Protection Agency, Air Planning and
                                                                                                      ADDRESSES: Submit your comments,                            Development Branch, 11201 Renner
                                           Judgment
                                                                                                      identified by Docket ID No. EPA–R07–                        Boulevard, Lenexa, Kansas 66219 at
                                           AGENCY: Environmental Protection                           OAR–2015–0644, to                                           913–551–7039 or by email at
                                           Agency.                                                    www.regulations.gov. Follow the online                      hamilton.heather@epa.gov.
                                           ACTION: Direct final rule.                                 instructions for submitting comments.                       SUPPLEMENTARY INFORMATION:
                                                                                                      Once submitted, comments cannot be                          Throughout this document ‘‘we,’’ ‘‘us,’’
                                           SUMMARY:   The Environmental Protection                    edited or removed from Regulations.gov.                     or ‘‘our’’ refer to EPA. This section
                                           Agency (EPA) is taking direct final                        EPA may publish any comment received                        provides additional information by
                                           action to approve a revision to the State                  to its public docket. Do not submit                         addressing the following:
                                           Implementation Plan (SIP) submitted by                     electronically any information you
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                                           the State of Missouri on June 2, 2014.                     consider to be Confidential Business                        I. Background
                                           This SIP revision incorporates a consent                   Information (CBI) or other information                      II. What is being addressed in this document?
                                                                                                                                                                  III. Have the requirements for approval of a
                                           judgment to address violations of the                      whose disclosure is restricted by statute.                        SIP revision been met?
                                           24-hour particulate matter (PM10)                          Multimedia submissions (audio, video,                       IV. What action is EPA taking?
                                           NAAQS near the Americold Logistics,                        etc.) must be accompanied by a written                      V. Incorporation by Reference
                                           LLC, Carthage Crushed Limestone (CCL)                      comment. The written comment is                             VI. Statutory and Executive Order Reviews



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Document Created: 2018-02-02 12:40:59
Document Modified: 2018-02-02 12:40:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on March 28, 2016, unless EPA receives adverse written comments by February 29, 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.
ContactCharles 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 Citation81 FR 4884 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Dioxide

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