Air Plan Approval; Minnesota; Sulfur Dioxide, 37162-37164 [2016-13604]
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EPA-APPROVED INDIANA REGULATIONS
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Article 8: Volatile Organic Compound Rules
Rule 4: Petroleum Sources
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[FR Doc. 2016–13605 Filed 6–8–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2015–0136; FRL–9947–48–
Region 5]
Air Plan Approval; Minnesota; Sulfur
Dioxide
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Minnesota sulfur dioxide (SO2) State
Implementation Plan (SIP) for ELT
Minneapolis, LLC’s (ELT) River Road
Industrial Center located in Fridley,
Anoka County, Minnesota. The revision,
submitted by the Minnesota Pollution
Control Agency on February 24, 2016,
updates information to reflect both
administrative and equipment changes
at the facility. The name of the facility
has changed to BAE Technology Center
(BAE). The revision will result in a
significant decrease in SO2 emissions
and will support the continued
attainment and maintenance of the SO2
national ambient air quality standard
(NAAQS) in the Twin Cities area.
DATES: This rule is effective on August
8, 2016, unless EPA receives adverse
written comments by July 11, 2016. If
EPA receives adverse comments, EPA
will publish a timely withdrawal of the
rule in the Federal Register and inform
the public that the rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2016–0136 at https://
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SUMMARY:
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3/5/2015
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3/5/2015
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6/9/2016, [Insert Federal
Register citation].
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6/9/2016, [Insert Federal
Register citation].
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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
https://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. Background Information
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II. How is the SIP being revised?
III. What is EPA’s analysis of the state’s
submission?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background Information
In the SIP, the ELT River Road
Industrial Center is subject to specific
restrictions as part of Minnesota’s SIP
for SO2 in the Twin Cities Seven County
SO2 area (Twin Cities area).1 The SIP for
ELT’s River Road Industrial Center was
most recently approved by EPA on
August 3, 2010, (75 FR 148).
Currently, four fossil fuel-fired boilers
(#1, #2, #3, and #4) and four emergency
generators (#5, #6, #7, and #8) are the
primary emission units at the facility.
Boilers #1, #2, and #3 use natural gas as
their primary fuel with distillate oil as
a backup fuel. Boiler #4 uses natural gas
for fuel. All the emergency generators
use low sulfur diesel fuel. In addition,
the facility is subject to fuel usage
limitations to restrict the total facility
SO2 emissions.
II. How is the SIP being revised?
On February 24, 2016, the MPCA
submitted a revision to Minnesota’s SO2
SIP for the ELT River Road Industrial
Center. The revision, most specifically,
reflects changes as a result of new
ownership.
In 2015, as part of a purchase
agreement, corporate ownership
transferred from ELT to the Gramercy
Property Trust Fridley Owner LLC (GPT
Fridley). GPT Fridley changed the name
of the facility from River Road Industrial
Center to BAE.
Under new ownership, BAE will be
used for office and warehouse space.
The emergency generators are used for
stand-by power, for both life-safety, and
1 The area was officially designated attainment of
the SO2 NAAQS on July 31, 1995 (60 FR 28339).
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communications in the event of
electrical power is lost.
The revised SIP identifies the boilers
and emergency generators as both
emission units (EU) and numbered
equipment (EQUI). For example, boiler
#4 (EU 004) is now identified as boiler
#4 (EU 004/EQUI 1).
Because part of the BAE facility had
been demolished, boilers #1, #2, and #3,
and emergency generators #7 and #8
were decommissioned and removed
from the facility. Boiler #4, and
emergency generators #5 and #6 were
relocated within the facility.
As part of the recent changes to the
facility, boiler #4, which burns natural
gas, has been modified to burn fuel oil
as a backup fuel. Boiler #4 has a design
capacity rated at 10.46 million British
thermal units per hour (MMBtu/hr).
BAE has imposed limits on boiler #4 to
restrict its fuels to natural gas and
distillate fuel oil, with a sulfur content
limit on the fuel oil of less than or equal
to 0.05 percent by weight.
Boilers #1, #2, and #3, which had
design capacities rated at 69.8, 69.8, and
35.1 MMBtu/hr, respectively, have been
replaced with a newer, more efficient
boiler. The new boiler #5 has a design
capacity rated at 19.674 MMBtu/hr.
Boiler #5 is restricted to combusting
natural gas and distillate fuel oil with a
sulfur content limit on the fuel oil of
less than or equal to 0.05 percent by
weight as a backup fuel.
III. What is EPA’s analysis of the state’s
submission?
The SO2 emission units operating at
the BAE facility are boilers #4 and #5
and two emergency generators (#5 and
#6). Boilers #1, #2, and #3, and
emergency generators #7 and #8 have
been removed from the facility.
Boiler #4’s potential SO2 emissions
increase by 2.33 tons per year.2 Boiler
#5’s potential SO2 emissions using
distillate fuel as a backup fuel are 4.37
tons per year.
Overall, the emissions change from
replacing the three older boilers (#1, #2,
and #3) with a new, more efficient
boiler #5, coupled with modifications to
boiler #4 to burn fuel oil as a backup
fuel, result in a significant decrease in
SO2 emissions at the BAE facility. This
action reduces the facility’s total SO2
emissions from 39.76 tons per year to
7.25 tons per year. The net emissions
change is a reduction of 32.51 tons of
SO2 per year for the BAE facility.
SO2 monitors near the BAE facility are
currently measuring values less than 10
2 Section 3 of Minnesota’s technical support
document provides a full analysis of the emission
calculations and the results of the emission
changes.
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parts per billion (ppb), well below the
1-hour SO2 NAAQS of 75 ppb. EPA
expects the air quality in the Twin
Cities area to remain protected with the
revisions being approved.
The revised SO2 SIP for the BAE
facility provides for reductions in
allowable emissions, and therefore,
strengthens the SO2 SIP for the Twin
Cities area. Thus, EPA believes the BAE
facility revision request is approvable.
IV. What action is EPA taking?
EPA is approving the request by
Minnesota to revise the SO2 SIP as it
applies to the BAE Technology Center.
Specifically, EPA is approving into the
SIP those portions of the BAE
Technology Center facility Joint Title I/
Title V document, permit No.
00300245–003, cited as ‘‘[Title I
Condition: 40 CFR 50.4(SO2 SIP), Title
I Condition: 40 CFR 51, Title I
Condition: 40 CFR pt. 52, subp. Y].’’
This replaces the current SO2 SIP for
ELT Minneapolis, LLC.
This revision will result in an overall
reduction of SO2 emissions at the
facility, which supports the continued
attainment and maintenance of the SO2
NAAQS in the Twin Cities area.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective August 8, 2016 without further
notice unless we receive relevant
adverse written comments by July 11,
2016. If we receive such comments, we
will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
If we do not receive any comments, this
action will be effective August 8, 2016.
V. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Minnesota
regulations described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
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37163
generally available through
www.regulations.gov and/or at the
appropriate EPA office (see the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the CAA. Accordingly,
this action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
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Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Rules and Regulations
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 8, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur dioxide.
Dated: May 31, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1220, the table in paragraph
(d) is amended by removing the entry
for ‘‘ELT Minneapolis, LLC’’ and adding
in alphabetical order an entry for ‘‘BAE
Technology Center’’ to read as follows:
■
§ 52.1220
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Identification of plan.
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(d) * * *
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EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS
State effective
date
Name of source
Permit No.
*
BAE Technology Center ..
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00300245–003
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 0907271173–0629–03]
RIN 0648–XE666
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6/9/16, [Insert Federal
Register citation].
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Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2015
Commercial Accountability Measure
and Closure for South Atlantic Snowy
Grouper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
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Comments
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Only 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]’’.
*
NMFS implements
accountability measures (AMs) for
commercial snowy grouper in the
exclusive economic zone (EEZ) of the
South Atlantic. NMFS projects
commercial landings for snowy grouper
will reach the commercial annual catch
limit (ACL) by June 14, 2016. Therefore,
NMFS closes the commercial sector for
snowy grouper in the South Atlantic
EEZ on June 14, 2016, and it will remain
closed until the start of the next fishing
season on January 1, 2017. This closure
is necessary to protect the snowy
grouper resource.
DATES: This rule is effective 12:01 a.m.,
local time, June 14, 2016, until 12:01
a.m., local time, January 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes snowy grouper and is
SUMMARY:
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managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The commercial ACL (commercial
quota) for snowy grouper in the South
Atlantic is 125,760 lb (57,044 kg), gutted
weight, 148,397 lb (67,312 kg), round
weight, for the current fishing year,
January 1 through December 31, 2016,
as specified in 50 CFR 622.190(a)(1)(ii).
Under 50 CFR 622.193(b)(1), NMFS is
required to close the commercial sector
for snowy grouper when the commercial
quota is reached, or is projected to be
reached, by filing a notification to that
effect with the Office of the Federal
Register. NMFS projects that
commercial landings of South Atlantic
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]]>Agencies
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Rules and Regulations]
[Pages 37162-37164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13604]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0136; FRL-9947-48-Region 5]
Air Plan Approval; Minnesota; Sulfur Dioxide
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Minnesota sulfur dioxide (SO2) State
Implementation Plan (SIP) for ELT Minneapolis, LLC's (ELT) River Road
Industrial Center located in Fridley, Anoka County, Minnesota. The
revision, submitted by the Minnesota Pollution Control Agency on
February 24, 2016, updates information to reflect both administrative
and equipment changes at the facility. The name of the facility has
changed to BAE Technology Center (BAE). The revision will result in a
significant decrease in SO2 emissions and will support the
continued attainment and maintenance of the SO2 national
ambient air quality standard (NAAQS) in the Twin Cities area.
DATES: This rule is effective on August 8, 2016, unless EPA receives
adverse written comments by July 11, 2016. If EPA receives adverse
comments, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0136 at https://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 https://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. Background Information
II. How is the SIP being revised?
III. What is EPA's analysis of the state's submission?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background Information
In the SIP, the ELT River Road Industrial Center is subject to
specific restrictions as part of Minnesota's SIP for SO2 in
the Twin Cities Seven County SO2 area (Twin Cities area).\1\
The SIP for ELT's River Road Industrial Center was most recently
approved by EPA on August 3, 2010, (75 FR 148).
---------------------------------------------------------------------------
\1\ The area was officially designated attainment of the
SO2 NAAQS on July 31, 1995 (60 FR 28339).
---------------------------------------------------------------------------
Currently, four fossil fuel-fired boilers (#1, #2, #3, and #4) and
four emergency generators (#5, #6, #7, and #8) are the primary emission
units at the facility. Boilers #1, #2, and #3 use natural gas as their
primary fuel with distillate oil as a backup fuel. Boiler #4 uses
natural gas for fuel. All the emergency generators use low sulfur
diesel fuel. In addition, the facility is subject to fuel usage
limitations to restrict the total facility SO2 emissions.
II. How is the SIP being revised?
On February 24, 2016, the MPCA submitted a revision to Minnesota's
SO2 SIP for the ELT River Road Industrial Center. The
revision, most specifically, reflects changes as a result of new
ownership.
In 2015, as part of a purchase agreement, corporate ownership
transferred from ELT to the Gramercy Property Trust Fridley Owner LLC
(GPT Fridley). GPT Fridley changed the name of the facility from River
Road Industrial Center to BAE.
Under new ownership, BAE will be used for office and warehouse
space. The emergency generators are used for stand-by power, for both
life-safety, and
[[Page 37163]]
communications in the event of electrical power is lost.
The revised SIP identifies the boilers and emergency generators as
both emission units (EU) and numbered equipment (EQUI). For example,
boiler #4 (EU 004) is now identified as boiler #4 (EU 004/EQUI 1).
Because part of the BAE facility had been demolished, boilers #1,
#2, and #3, and emergency generators #7 and #8 were decommissioned and
removed from the facility. Boiler #4, and emergency generators #5 and
#6 were relocated within the facility.
As part of the recent changes to the facility, boiler #4, which
burns natural gas, has been modified to burn fuel oil as a backup fuel.
Boiler #4 has a design capacity rated at 10.46 million British thermal
units per hour (MMBtu/hr). BAE has imposed limits on boiler #4 to
restrict its fuels to natural gas and distillate fuel oil, with a
sulfur content limit on the fuel oil of less than or equal to 0.05
percent by weight.
Boilers #1, #2, and #3, which had design capacities rated at 69.8,
69.8, and 35.1 MMBtu/hr, respectively, have been replaced with a newer,
more efficient boiler. The new boiler #5 has a design capacity rated at
19.674 MMBtu/hr. Boiler #5 is restricted to combusting natural gas and
distillate fuel oil with a sulfur content limit on the fuel oil of less
than or equal to 0.05 percent by weight as a backup fuel.
III. What is EPA's analysis of the state's submission?
The SO2 emission units operating at the BAE facility are
boilers #4 and #5 and two emergency generators (#5 and #6). Boilers #1,
#2, and #3, and emergency generators #7 and #8 have been removed from
the facility.
Boiler #4's potential SO2 emissions increase by 2.33
tons per year.\2\ Boiler #5's potential SO2 emissions using
distillate fuel as a backup fuel are 4.37 tons per year.
---------------------------------------------------------------------------
\2\ Section 3 of Minnesota's technical support document provides
a full analysis of the emission calculations and the results of the
emission changes.
---------------------------------------------------------------------------
Overall, the emissions change from replacing the three older
boilers (#1, #2, and #3) with a new, more efficient boiler #5, coupled
with modifications to boiler #4 to burn fuel oil as a backup fuel,
result in a significant decrease in SO2 emissions at the BAE
facility. This action reduces the facility's total SO2
emissions from 39.76 tons per year to 7.25 tons per year. The net
emissions change is a reduction of 32.51 tons of SO2 per
year for the BAE facility.
SO2 monitors near the BAE facility are currently
measuring values less than 10 parts per billion (ppb), well below the
1-hour SO2 NAAQS of 75 ppb. EPA expects the air quality in
the Twin Cities area to remain protected with the revisions being
approved.
The revised SO2 SIP for the BAE facility provides for
reductions in allowable emissions, and therefore, strengthens the
SO2 SIP for the Twin Cities area. Thus, EPA believes the BAE
facility revision request is approvable.
IV. What action is EPA taking?
EPA is approving the request by Minnesota to revise the
SO2 SIP as it applies to the BAE Technology Center.
Specifically, EPA is approving into the SIP those portions of the BAE
Technology Center facility Joint Title I/Title V document, permit No.
00300245-003, cited as ``[Title I Condition: 40 CFR 50.4(SO2
SIP), Title I Condition: 40 CFR 51, Title I Condition: 40 CFR pt. 52,
subp. Y].'' This replaces the current SO2 SIP for ELT
Minneapolis, LLC.
This revision will result in an overall reduction of SO2
emissions at the facility, which supports the continued attainment and
maintenance of the SO2 NAAQS in the Twin Cities area.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective August 8, 2016
without further notice unless we receive relevant adverse written
comments by July 11, 2016. If we receive such comments, we will
withdraw this action before the effective date by publishing a
subsequent document that will withdraw the final action. All public
comments received will then be addressed in a subsequent final rule
based on the proposed action. EPA will not institute a second comment
period. Any parties interested in commenting on this action should do
so at this time. If we do not receive any comments, this action will be
effective August 8, 2016.
V. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Minnesota
regulations described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
generally available through www.regulations.gov and/or at the
appropriate EPA office (see the FOR FURTHER INFORMATION CONTACT section
of this preamble for more information).
VI. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an
[[Page 37164]]
Indian tribe has demonstrated that a tribe has jurisdiction. In those
areas of Indian country, the rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 8, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur dioxide.
Dated: May 31, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1220, the table in paragraph (d) is amended by removing
the entry for ``ELT Minneapolis, LLC'' and adding in alphabetical order
an entry for ``BAE Technology Center'' to read as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Minnesota Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
BAE Technology Center............ 00300245-003 01/20/16 6/9/16, [Insert Only conditions cited as
Federal Register ``[Title I Condition:
citation]. 40 CFR 50.4(SO2 SIP),
Title I Condition: 40
CFR 51, Title I
Condition: 40 CFR pt.
52, subp. Y]''.
* * * * * * *
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* * * * *
[FR Doc. 2016-13604 Filed 6-8-16; 8:45 am]
BILLING CODE 6560-50-P
