83 FR 33846 - Air Plan Approval; Minnesota; Flint Hills Sulfur Dioxide (SO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 138 (July 18, 2018)
Federal Register Volume 83, Issue 138 (July 18, 2018)
| Page Range | 33846-33848 | |
| FR Document | 2018-15253 |
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)] [Rules and Regulations] [Pages 33846-33848] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15253] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2017-0099; FRL-9980-96--Region 5] Air Plan Approval; Minnesota; Flint Hills Sulfur Dioxide (SO2) Revision AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to the Minnesota sulfur dioxide (SO2 ) State Implementation Plan (SIP) for the Flint Hills Resources, LLC Pine Bend Refinery (FHR) as submitted on February 8, 2017. The SIP revision pertains to the installation and removal of certain equipment at the refinery and amendments to certain emission limits, resulting in an overall decrease of SO2 emissions from FHR. DATES: This final rule is effective on August 17, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2017-0099. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Anthony Maietta, Environmental Protection Specialist, at (312) 353-8777 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental Protection Specialist, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8777, [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. What is being addressed by this document? II. What comments did we receive on the proposed action? III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews [[Page 33847]] I. What is being addressed by this document? On February 8, 2017, the Minnesota Pollution Control Agency (MPCA) submitted a request for EPA to approve into the Minnesota SIP the conditions 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'' in FHR's revised joint Title I/Title V document, Permit No. 03700011-101 (joint document 101). On April 26, 2018 (83 FR 18255), EPA proposed to approve MPCA's February 8, 2017 submittal. MPCA's submittal demonstrated that joint document 101 contains amended SIP conditions that, when combined, provide FHR with the ability to more efficiently upgrade hydrocarbons that are distilled from FHR's crude units into transportation fuels, primarily diesel. The amended SIP conditions allow FHR to increase fuel production and operate more efficiently and closer to the facility's overall distillation capacity. MPCA's submittal demonstrated that the amended SIP revisions reduce allowable SIP-based SO2 emissions by 95.402 pounds per hour or 249.169 tons per year. After review, EPA proposed to approve MPCA's request to revise Minnesota's SO2 SIP for FHR, reflected in conditions labeled ``Title I Condition: 40 CFR 50.4(SO2 SIP); Title I Condition: 40 CFR 51; Title I Condition: 40 CFR pt. 52, subp. Y'' in joint document 101. II. What comments did we receive on the proposed action? Our April 26, 2018 proposed rule provided a 30-day review and comment period. The comment period closed on May 29, 2018. EPA received one comment that was not relevant to the proposed action. III. What action is EPA taking? EPA is approving a revision to Minnesota's SO2 SIP for FHR, as submitted by MPCA on February 8, 2017, and reflected in conditions labeled ``Title I Condition: 40 CFR 50.4(SO2 SIP); Title I Condition: 40 CFR 51; Title I Condition: 40 CFR pt. 52, subp. Y'' in joint document 101. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Minnesota Regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available through www.regulations.gov and at the EPA Region 5 Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the Clean Air Act as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act 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 Clean Air Act. 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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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 (Public Law 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 17, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides. [[Page 33848]] Dated: July 9, 2018. Cathy Stepp, 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 ``Flint Hills Resources Pine Bend, LLC'' 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 ---------------------------------------------------------------------------------------------------------------- * * * * * * * Flint Hills Resources Pine 03700011-101 1/13/2017 7/18/2018, [Insert Federal Only conditions Bend, LLC.. Register citation]. cited as ``Title I Condition: 40 CFR Section 50.4(SO2 SIP); Title I Condition: 40 CFR 51; Title I Condition: 40 CFR pt. 52, subp. Y''. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-15253 Filed 7-17-18; 8:45 am] BILLING CODE 6560-50-P
![33846 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
agency promulgating the rule must affect the finality of this action for the PART 52—APPROVAL AND
submit a rule report, which includes a purposes of judicial review nor does it PROMULGATION OF
copy of the rule, to each House of the extend the time within which a petition IMPLEMENTATION PLANS
Congress and to the Comptroller General for judicial review may be filed, and
of the United States. EPA will submit a shall not postpone the effectiveness of ■ 1. The authority citation for part 52
report containing this action and other such rule or action. This action may not continues to read as follows:
required information to the U.S. Senate, be challenged later in proceedings to
the U.S. House of Representatives, and enforce its requirements. (See section Authority: 42 U.S.C. 7401 et seq.
the Comptroller General of the United 307(b)(2).) ■ 2. In § 52.1870, the table in paragraph
States prior to publication of the rule in List of Subjects in 40 CFR Part 52 (c) is amended under ‘‘Chapter 3745–31
the Federal Register. A major rule Permit-to Install New Sources and
cannot take effect until 60 days after it Environmental protection, Air
pollution control, Carbon monoxide, Permit-to-Install and Operate Program’’
is published in the Federal Register. by revising the entry for ‘‘3745–31–01’’
This action is not a ‘‘major rule’’ as Incorporation by reference,
Intergovernmental relations, Nitrogen and adding an second entry for ‘‘3745–
defined by 5 U.S.C. 804(2). 31–01’’ in numerical order to read as
dioxide, Particulate matter, Reporting
Under section 307(b)(1) of the CAA, and recordkeeping requirements, Sulfur follows:
petitions for judicial review of this oxides, Volatile organic compounds.
action must be filed in the United States § 52.1870 Identification of plan.
Dated: July 9, 2018.
Court of Appeals for the appropriate * * * * *
circuit by September 17, 2018. Filing a Cathy Stepp,
Regional Administrator, Region 5. (c) * * *
petition for reconsideration by the
Administrator of this final rule does not 40 CFR part 52 is amended as follows:
EPA-APPROVED OHIO REGULATIONS
Ohio effective
Ohio citation Title/subject EPA approval date Notes
date
* * * * * * *
Chapter 3745–31 Permit-to Install New Sources and Permit-to-Install and Operate Program
3745–31–01 ................ Definitions ................. 5/29/2014 6/2/2015, 80 FR 36477 .............. Except for (I), (NNN), (SSS)(1)(b),
(QQQQ), (WWWW), (JJJJJ), (NNNNN),
(VVVVV), (BBBBBB) and (LLLLLL)(2)(y).
3745–31–01 ................ Definitions ................. 3/20/2017 7/18/2018, [Insert Federal Reg- Only (LLL)(6), (NNN), (WWWW),
ister citation]. (NNNNN), (VVVVV), and (LLLLLL)(2)(ee)
* * * * * * *
* * * * * amendments to certain emission limits, Friday, excluding Federal holidays. We
[FR Doc. 2018–15254 Filed 7–17–18; 8:45 am] resulting in an overall decrease of SO2 recommend that you telephone Anthony
BILLING CODE 6560–50–P emissions from FHR. Maietta, Environmental Protection
DATES: This final rule is effective on Specialist, at (312) 353–8777 before
August 17, 2018. visiting the Region 5 office.
ENVIRONMENTAL PROTECTION
AGENCY ADDRESSES: EPA has established a FOR FURTHER INFORMATION CONTACT:
docket for this action under Docket ID Anthony Maietta, Environmental
40 CFR Part 52 No. EPA–R05–OAR–2017–0099. All Protection Specialist, Control Strategies
documents in the docket are listed on Section, Air Programs Branch (AR–18J),
[EPA–R05–OAR–2017–0099; FRL–9980– the www.regulations.gov website.
96—Region 5] Environmental Protection Agency,
Although listed in the index, some Region 5, 77 West Jackson Boulevard,
information is not publicly available,
Air Plan Approval; Minnesota; Flint Chicago, Illinois 60604, (312) 353–8777,
i.e., Confidential Business Information
Hills Sulfur Dioxide (SO2) Revision maietta.anthony@epa.gov.
(CBI) or other information whose
AGENCY: Environmental Protection disclosure is restricted by statute. SUPPLEMENTARY INFORMATION:
Agency (EPA). Certain other material, such as Throughout this document whenever
ACTION: Final rule. copyrighted material, is not placed on ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the internet and will be publicly EPA. This supplementary information
SUMMARY: The Environmental Protection available only in hard copy form. section is arranged as follows:
Agency (EPA) is approving a revision to Publicly available docket materials are
I. What is being addressed by this document?
the Minnesota sulfur dioxide (SO2) State available either through
amozie on DSK3GDR082PROD with RULES
II. What comments did we receive on the
Implementation Plan (SIP) for the Flint www.regulations.gov or at the
proposed action?
Hills Resources, LLC Pine Bend Environmental Protection Agency,
III. What action is EPA taking?
Refinery (FHR) as submitted on Region 5, Air and Radiation Division, 77
IV. Incorporation by Reference
February 8, 2017. The SIP revision West Jackson Boulevard, Chicago,
V. Statutory and Executive Order Reviews
pertains to the installation and removal Illinois 60604. This facility is open from
of certain equipment at the refinery and 8:30 a.m. to 4:30 p.m., Monday through
VerDate Sep<11>2014 17:26 Jul 17, 2018 Jkt 244001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\18JYR1.SGM 18JYR1](https://thefederalregister.org/doc/83_FR_33984/page/1.svg)
![33848 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
Dated: July 9, 2018. PART 52—APPROVAL AND ■ 2. In § 52.1220, the table in paragraph
Cathy Stepp, PROMULGATION OF (d) is amended by revising the entry for
Regional Administrator, Region 5. IMPLEMENTATION PLANS ‘‘Flint Hills Resources Pine Bend, LLC’’
to read as follows:
40 CFR part 52 is amended as follows: ■ 1. The authority citation for part 52 § 52.1220 Identification of plan.
continues to read as follows:
* * * * *
Authority: 42 U.S.C. 7401 et seq. (d) * * *
EPA-APPROVED MINNESOTA SOURCE—SPECIFIC PERMITS
State
Name of source Permit No. effective EPA approval date Comments
date
* * * * * * *
Flint Hills Resources Pine 03700011–101 1/13/2017 7/18/2018, [Insert Federal Only conditions cited as ‘‘Title I Condition: 40
Bend, LLC.. Register citation]. CFR Section 50.4(SO2 SIP); Title I Condi-
tion: 40 CFR 51; Title I Condition: 40 CFR
pt. 52, subp. Y’’.
* * * * * * *
* * * * * Commission decision is available for Channel No.
[FR Doc. 2018–15253 Filed 7–17–18; 8:45 am] inspection and copying during normal
BILLING CODE 6560–50–P business hours in the FCC’s Reference
Information Center at Portals II, CY– * * * * *
A257, 445 12th Street SW, Washington,
DC 20554. The full text is also available Oklahoma
FEDERAL COMMUNICATIONS
COMMISSION online at http://apps.fcc.gov/ecfs/. This
document does not contain information * * * * *
47 CFR Part 73 collection requirements subject to the Connerville ................................ 247A
[DA 18–699; MB Docket No. 18–43; RM– Paperwork Reduction Act of 1995,
11797] Public Law 104–13. The Commission * * * * *
will send a copy of the Report and
Radio Broadcasting Services; Order in a report to be sent to Congress * * * * *
Connerville, Oklahoma and the Government Accountability [FR Doc. 2018–15309 Filed 7–17–18; 8:45 am]
Office pursuant to the Congressional BILLING CODE 6712–01–P
AGENCY: Federal Communications Review Act, see 5 U.S.C. 801(a)(1)(A).
Commission.
ACTION: Final rule. List of Subjects in 47 CFR Part 73
DEPARTMENT OF COMMERCE
SUMMARY: At the request of The Radio, Radio broadcasting.
National Oceanic and Atmospheric
Chickasaw Nation, the Audio Division Federal Communications Commission.
Administration
amends the FM Table of Allotments by Nazifa Sawez,
allotting FM Channel 247A at Assistant Chief, Audio Division, Media 50 CFR Part 229
Connerville, Oklahoma, as a Tribal Bureau.
Allotment and a first local Tribal-owned RIN 0648–XG334
service to the community. A staff For the reasons discussed in the
engineering analysis indicates that preamble, the Federal Communications Pacific Island Pelagic Fisheries; False
Channel 247A can be allotted at Commission amends 47 CFR part 73 as Killer Whale Take Reduction Plan;
Connerville, Oklahoma, as proposed, follows: Closure of Southern Exclusion Zone
consistent with the minimum distance AGENCY: National Marine Fisheries
separation requirements of the PART 73—RADIO BROADCAST
SERVICES Service (NMFS), National Oceanic and
Commission’s rules with a site Atmospheric Administration (NOAA),
restriction 9.40 km (5.84 miles) Commerce.
southwest of the community. The ■ 1. The authority citation for part 73
continues to read as follows: ACTION: Temporary rule; area closure;
reference coordinates are 34–25–00 NL
and 96–43–53 WL. Authority: 47 U.S.C. 154, 303, 309, 310,
request for comments.
DATES: Effective August 20, 2018. 334, 336, and 339.
SUMMARY: NMFS is closing the Southern
FOR FURTHER INFORMATION CONTACT: ■ 2. In § 73.202(b), the table is amended Exclusion Zone (SEZ) to deep-set
Adrienne Y. Denysyk, Media Bureau, under Oklahoma by adding Connerville, longline fishing through December 31,
amozie on DSK3GDR082PROD with RULES
(202) 418–2700. Channel 247A, in alphabetical order to 2018, for all vessels registered under the
SUPPLEMENTARY INFORMATION: This is a read as follows: Hawaii longline limited access program,
synopsis of the Commission’s Report as a result of the fishery reaching the
§ 73.202 Table of Allotments. established annual trigger of two
and Order, MB Docket No. 18–43,
adopted July 5, 2018, and released July * * * * * observed false killer whale mortalities
6, 2018. The full text of this (b) * * * or serious injuries (M&SI) in the fishery
VerDate Sep<11>2014 17:26 Jul 17, 2018 Jkt 244001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\18JYR1.SGM 18JYR1](https://thefederalregister.org/doc/83_FR_33984/page/3.svg)
Document Created: 2018-11-06 10:24:53
Document Modified: 2018-11-06 10:24:53
| 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 | Final rule. | |
| Dates | This final rule is effective on August 17, 2018. | |
| Contact | Anthony Maietta, Environmental Protection Specialist, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8777, [email protected] | |
| FR Citation | 83 FR 33846 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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