82 FR 57125 - Air Plan Approval; Minnesota and Michigan; Regional Haze SIP; FIP for Regional Haze; Final Action on Petitions for Reconsideration

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 231 (December 4, 2017)

Page Range		57125-57126
FR Document		2017-25946

The Environmental Protection Agency (EPA) is providing notice of its denials of petitions for reconsideration of rules addressing regional haze planning requirements for the States of Michigan and Minnesota. Specifically, on November 26, 2013, the United States Steel Corporation (U.S. Steel) petitioned EPA to reconsider and stay the final rulemaking captioned ``Approval and Promulgation of Air Quality Implementation Plans; States of Minnesota and Michigan; Regional Haze State Implementation Plan; Federal Implementation Plan for Regional Haze'' published on February 6, 2013, as well as the final rulemaking captioned ``Approval and Promulgation of Air Quality Implementation Plans; States of Michigan and Minnesota; Regional Haze,'' published on September 30, 2013. Further, on June 13, 2016, U.S. Steel petitioned EPA to reconsider and stay the final rulemaking captioned ``Air Plan Approval; Minnesota and Michigan; Revision to 2013 Taconite Federal Implementation Plan Establishing BART for Taconite Plants,'' published on April 12, 2016. EPA has denied the petitions by final action signed January 18, 2017, for reasons that EPA explains in the document denying U.S. Steel's petitions.

Federal Register, Volume 82 Issue 231 (Monday, December 4, 2017)

[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Rules and Regulations]
[Pages 57125-57126]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25946]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0066; EPA-R05-OAR-2017-0067; FRL-9960-05-Region 5]


Air Plan Approval; Minnesota and Michigan; Regional Haze SIP; FIP 
for Regional Haze; Final Action on Petitions for Reconsideration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of action denying petitions for reconsideration.

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
of its denials of petitions for reconsideration of rules addressing 
regional haze planning requirements for the States of Michigan and 
Minnesota. Specifically, on November 26, 2013, the United States Steel 
Corporation (U.S. Steel) petitioned EPA to reconsider and stay the 
final rulemaking captioned ``Approval and Promulgation of Air Quality 
Implementation Plans; States of Minnesota and Michigan; Regional Haze 
State Implementation Plan; Federal Implementation Plan for Regional 
Haze'' published on February 6, 2013, as well as the final rulemaking 
captioned ``Approval and Promulgation of Air Quality Implementation 
Plans; States of Michigan and Minnesota; Regional Haze,'' published on 
September 30, 2013. Further, on June 13, 2016, U.S. Steel petitioned 
EPA to reconsider and stay the final rulemaking captioned ``Air Plan 
Approval; Minnesota and Michigan; Revision to 2013 Taconite Federal 
Implementation Plan Establishing BART for Taconite Plants,'' published 
on April 12, 2016. EPA has denied the petitions by final action signed 
January 18, 2017, for reasons that EPA explains in the document denying 
U.S. Steel's petitions.

DATES: December 4, 2017.

ADDRESSES: EPA has established dockets for these actions under EPA-R05-
OAR-2017-0066 for the Petition to Reconsider the Original 2013 Taconite 
FIP and EPA-R05-OAR-2017-0067 for the Petition to Reconsider the 2016 
Revisions to the Taconite FIP. These dockets include the petitions for 
reconsideration, EPA's response, and other related documents. All 
documents are listed on the www.regulations.gov Web site. Although 
listed in the index, some information is not publicly available, i.e., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on

[[Page 57126]]

the Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
through www.regulations.gov or in hard copy at the Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 
holidays. We recommend that you telephone Steven Rosenthal, 
Environmental Engineer, at (312) 886-6052 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental 
Engineer, Air Planning and Maintenance Section, at 312-886-6052, 
[email protected] or at Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.

SUPPLEMENTARY INFORMATION: Section 307(b)(1) of the Clean Air Act 
indicates which Federal Courts of Appeal have venue for petitions for 
review of final actions by EPA. This action pertains to facilities in 
Minnesota and is not based on a determination of nationwide scope or 
effect. Thus, under section 307(b)(1), any petitions for review of 
EPA's action denying the U.S. Steel petition for reconsideration must 
be filed in the Court of Appeals for the Eighth Circuit on or before 
February 2, 2018.

    Dated: February 28, 2017.
Robert Kaplan,
Acting Regional Administrator, Region 5.

    Editorial note: This document was received for publication by 
the Office of the Federal Register on November 28, 2017.

[FR Doc. 2017-25946 Filed 12-1-17; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations 57125

under the Regulatory Flexibility Act (5 Filing a petition for reconsideration by ENVIRONMENTAL PROTECTION
U.S.C. 601 et seq.); the Administrator of this final rule does AGENCY
• Does not contain any unfunded not affect the finality of this action for
mandate or significantly or uniquely the purposes of judicial review nor does 40 CFR Part 52
affect small governments, as described it extend the time within which a [EPA–R05–OAR–2017–0066; EPA–R05–
in the Unfunded Mandates Reform Act petition for judicial review may be filed, OAR–2017–0067; FRL–9960–05–Region 5]
of 1995 (Public Law 104–4); and shall not postpone the effectiveness
• Does not have Federalism Air Plan Approval; Minnesota and
of such rule or action. This action may
implications as specified in Executive Michigan; Regional Haze SIP; FIP for
not be challenged later in proceedings to
Order 13132 (64 FR 43255, August 10, Regional Haze; Final Action on
1999); enforce its requirements. (See section
Petitions for Reconsideration
• Is not an economically significant 307(b)(2).)
regulatory action based on health or AGENCY: Environmental Protection
List of Subjects in 40 CFR Part 52
safety risks subject to Executive Order Agency (EPA).
13045 (62 FR 19885, April 23, 1997); Environmental protection, Air ACTION: Notification of action denying
• Is not a significant regulatory action pollution control, Incorporation by petitions for reconsideration.
subject to Executive Order 13211 (66 FR reference, Intergovernmental relations,
28355, May 22, 2001); SUMMARY: The Environmental Protection
Ozone, Reporting and recordkeeping Agency (EPA) is providing notice of its
• Is not subject to requirements of requirements, Volatile organic
Section 12(d) of the National denials of petitions for reconsideration
compounds. of rules addressing regional haze
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because Dated: November 6, 2017. planning requirements for the States of
application of those requirements would Alexis Strauss, Michigan and Minnesota. Specifically,
be inconsistent with the Clean Air Act; on November 26, 2013, the United
Acting Regional Administrator, Region IX.
and States Steel Corporation (U.S. Steel)
• Does not provide the EPA with the Part 52, Chapter I, Title 40 of the Code petitioned EPA to reconsider and stay
discretionary authority to address, as of Federal Regulations is amended as the final rulemaking captioned
appropriate, disproportionate human follows: ‘‘Approval and Promulgation of Air
health or environmental effects, using Quality Implementation Plans; States of
practicable and legally permissible PART 52—APPROVAL AND Minnesota and Michigan; Regional Haze
methods, under Executive Order 12898 PROMULGATION OF State Implementation Plan; Federal
(59 FR 7629, February 16, 1994). IMPLEMENTATION PLANS Implementation Plan for Regional Haze’’
In addition, the SIP is not approved published on February 6, 2013, as well
to apply on any Indian reservation land as the final rulemaking captioned
■ 1. The authority citation for part 52
or in any other area where the EPA or ‘‘Approval and Promulgation of Air
continues to read as follows: Quality Implementation Plans; States of
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Authority: 42 U.S.C. 7401 et seq. Michigan and Minnesota; Regional
Indian country, the rule does not have Haze,’’ published on September 30,
Subpart F—California 2013. Further, on June 13, 2016, U.S.
tribal implications and will not impose
substantial direct costs on tribal Steel petitioned EPA to reconsider and
governments or preempt tribal law as ■ 2. Section 52.220 is amended by stay the final rulemaking captioned ‘‘Air
specified by Executive Order 13175 (65 adding paragraphs (c)(154)(iii)(D) and Plan Approval; Minnesota and
FR 67249, November 9, 2000). (c)(488)(i)(C) to read as follows: Michigan; Revision to 2013 Taconite
The Congressional Review Act, 5 Federal Implementation Plan
§ 52.220 Identification of plan-in part. Establishing BART for Taconite Plants,’’
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement * * * * * published on April 12, 2016. EPA has
Fairness Act of 1996, generally provides (c) * * * denied the petitions by final action
that before a rule may take effect, the signed January 18, 2017, for reasons that
(154) * * * EPA explains in the document denying
agency promulgating the rule must
submit a rule report, which includes a (iii) * * * U.S. Steel’s petitions.
copy of the rule, to each House of the (D) Rule 455, previously approved on DATES: December 4, 2017.
Congress and to the Comptroller General January 24, 1985 in paragraph ADDRESSES: EPA has established dockets
of the United States. The EPA will (c)(154)(iii)(B) of this section, is deleted for these actions under EPA–R05–OAR–
submit a report containing this action with replacement in (c)(488)(i)(C)(1). 2017–0066 for the Petition to
and other required information to the Reconsider the Original 2013 Taconite
* * * * *
U.S. Senate, the U.S. House of FIP and EPA–R05–OAR–2017–0067 for
Representatives, and the Comptroller (488) * * * the Petition to Reconsider the 2016
General of the United States prior to (i) * * * Revisions to the Taconite FIP. These
publication of the rule in the Federal (C) Sacramento Metropolitan Air dockets include the petitions for
Register. A major rule cannot take effect reconsideration, EPA’s response, and
Quality Management District.
until 60 days after it is published in the other related documents. All documents
Federal Register. This action is not a (1) Rule 464, ‘‘Organic Chemical are listed on the www.regulations.gov
Manufacturing Operations,’’ amended Web site. Although listed in the index,
ethrower on DSK3G9T082PROD with RULES

‘‘major rule’’ as defined by 5 U.S.C.
804(2). on April 28, 2016. some information is not publicly
Under section 307(b)(1) of the Clean * * * * * available, i.e., Confidential Business
Air Act, petitions for judicial review of [FR Doc. 2017–25929 Filed 12–1–17; 8:45 am] Information (CBI) or other information
this action must be filed in the United BILLING CODE 6560–50–P whose disclosure is restricted by statute.
States Court of Appeals for the Certain other material, such as
appropriate circuit by February 2, 2018. copyrighted material, is not placed on

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57126 Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Rules and Regulations

the Internet and will be publicly Technology (BART) emission limits for is approving BART emission limits for
available only in hard copy form. the Danskammer Generating Station sulfur dioxide (SO2), oxides of nitrogen
Publicly available docket materials are (‘‘Danskammer’’) Unit 4, owned and (NOX), and particulate matter (PM) for
available either electronically through operated by Danskammer Energy LLC. Danskammer Unit 4 that are equivalent
www.regulations.gov or in hard copy at The SIP revision establishes BART to the emission limits established by the
the Environmental Protection Agency, emission limits for sulfur dioxide, EPA’s FIP that was promulgated on
Region 5, Air and Radiation Division, 77 oxides of nitrogen, and particulate August 28, 2012 (77 FR 51915, 51917).
West Jackson Boulevard, Chicago, matter that are identical to the emission In its submittal, NYSDEC included
Illinois 60604. This facility is open from limits established by the EPA’s federal the following BART emission limits for
8:30 a.m. to 4:30 p.m., Monday through implementation plan (FIP) for Danskammer Unit 4: 0.12 pounds of
Friday, excluding Federal holidays. We Danskammer Unit 4, which was NOX per million British thermal units
recommend that you telephone Steven published on August 28, 2012. The EPA (lb NOX/MMBtu) calculated on a 24-
Rosenthal, Environmental Engineer, at finds that the SIP revision fulfills the hour average during the ozone season
(312) 886–6052 before visiting the requirements of the Clean Air Act and and on a rolling 30-day average during
Region 5 office. the EPA’s Regional Haze Rule for BART the rest of the year; 0.09 lb SO2/MMBtu
FOR FURTHER INFORMATION CONTACT: at Danskammer Unit 4. In conjunction calculated on a 24-hour average; and
Steven Rosenthal, Environmental with this approval, we are withdrawing 0.06 lb PM/MMBtu calculated on a 1-
Engineer, Air Planning and those portions of the FIP that address hour average. NYSDEC also included a
Maintenance Section, at 312–886–6052, BART for Danskammer Unit 4. condition that restricts Danskammer
rosenthal.steven@epa.gov or at Air DATES: This rule is effective on January Unit 4 to combusting only natural gas.
Programs Branch (AR–18J), 3, 2018. As a result of the EPA’s approval, the
Environmental Protection Agency, ADDRESSES: The EPA has established a EPA is withdrawing those portions of
Region 5, 77 West Jackson Boulevard, docket for this action under Docket ID the FIP that address BART for
Chicago, Illinois 60604. No. EPA–R02–OAR–2017–0013. All Danskammer Unit 4. The reader is
documents in the docket are listed on referred to EPA’s Proposed Rule, 82 FR
SUPPLEMENTARY INFORMATION: Section
the www.regulations.gov Web site. 21749 (May 10, 2017), for a detailed
307(b)(1) of the Clean Air Act indicates discussion of this SIP revision.
which Federal Courts of Appeal have Although listed in the index, some
venue for petitions for review of final information is not publicly available, II. What significant comments were
actions by EPA. This action pertains to e.g., confidential business information received in response to the EPA’s
facilities in Minnesota and is not based (CBI) or other information whose proposed action?
on a determination of nationwide scope disclosure is restricted by statute. EarthJustice (EJ) submitted the
or effect. Thus, under section 307(b)(1), Certain other material, such as following comments on behalf of the
any petitions for review of EPA’s action copyrighted material, is not placed on National Parks Conservation
denying the U.S. Steel petition for the Internet and will be publicly Association (NPCA) and Sierra Club.
reconsideration must be filed in the available only in hard copy form. Comment 1: EJ supports the inclusion
Court of Appeals for the Eighth Circuit Publicly available docket materials are in the New York SIP of limits that
on or before February 2, 2018. available through www.regulations.gov, restrict combustion at Danskammer Unit
or please contact the person identified 4 to natural gas. EJ agrees with the
Dated: February 28, 2017.
in the FOR FURTHER INFORMATION EPA’s conclusion that such a restriction
Robert Kaplan,
CONTACT section for additional will have the effect of reducing
Acting Regional Administrator, Region 5. availability information. visibility-impairing emissions compared
Editorial note: This document was FOR FURTHER INFORMATION CONTACT: to the prior Title V permit and the EPA
received for publication by the Office of the Edward J. Linky, Environmental FIP that allowed combustion of coal, oil,
Federal Register on November 28, 2017. Protection Agency, Air Programs or natural gas in Unit 4. According to
[FR Doc. 2017–25946 Filed 12–1–17; 8:45 am] Branch, 290 Broadway, New York, New the 2012 BART determination study for
BILLING CODE 6560–50–P York 10007–1866 at 212–637–3764 or Danskammer Unit 4 that formed the
by email at Linky.Edward@epa.gov. basis for NYSDEC’s and the EPA’s
SUPPLEMENTARY INFORMATION: BART determinations, 100% firing of
ENVIRONMENTAL PROTECTION Throughout this document, ‘‘we,’’ ‘‘us,’’ natural gas is associated with the
AGENCY and ‘‘our’’ refer to the EPA. highest percent reduction of SO2 of the
40 CFR Part 52 Table of Contents controls examined at the time, and the
third highest percent reduction of NOX.
[EPA–R02–OAR–2017–0013; FRL 9971–28– I. What action is the EPA taking today? Elimination of coal combustion is
Region 2] II. What significant comments were received consistent with BART and will certainly
in response to the EPA’s proposed
action?
provide visibility benefits at Class I
Approval and Revision of Air Quality areas.
Implementation Plans; State of New III. What are the EPA’s conclusions?
IV. Incorporation by Reference Response: The EPA acknowledges EJ’s
York; Regional Haze State and Federal support of the natural gas requirement
V. Statutory and Executive Order Reviews
Implementation Plans in the Danskammer SIP Revision.
I. What action is the EPA taking today? Comment 2: The 2012 BART
AGENCY: Environmental Protection
Agency (EPA). The EPA is approving a source- determination for Danskammer Unit 4
formed the basis for NYSDEC’s and
ethrower on DSK3G9T082PROD with RULES

ACTION: Final rule. specific SIP revision for Danskammer
Unit 4 (the ‘‘Danskammer SIP EPA’s prior BART determinations. Since
SUMMARY: The Environmental Protection Revision’’) that was submitted by the the unit had already been converted to
Agency (EPA) is approving a source- New York State Department of co-fire or exclusively fire natural gas in
specific revision to the New York state Environmental Conservation (NYSDEC) 1987, the determination included the
implementation plan (SIP) that on August 10, 2015, and supplemented option of 100% firing of natural gas as
establishes Best Available Retrofit on August 5, 2016. Specifically, the EPA a feasible BART technology. Thus, the

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Document Created: 2017-12-02 00:40:15
Document Modified: 2017-12-02 00:40:15

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		Notification of action denying petitions for reconsideration.
Dates		December 4, 2017.
Contact		Steven Rosenthal, Environmental Engineer, Air Planning and Maintenance Section, at 312-886-6052, [email protected] or at Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
FR Citation		82 FR 57125