Air Plan Approval; Minnesota; Flint Hills Sulfur Dioxide (SO2, 33846-33848 [2018-15253]
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33846
Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
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 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: July 9, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
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 § 52.1870, the table in paragraph
(c) is amended under ‘‘Chapter 3745–31
Permit-to Install New Sources and
Permit-to-Install and Operate Program’’
by revising the entry for ‘‘3745–31–01’’
and adding an second entry for ‘‘3745–
31–01’’ in numerical order to read as
follows:
■
§ 52.1870
*
Identification of plan.
*
*
(c) * * *
*
*
40 CFR part 52 is amended as follows:
EPA-APPROVED OHIO REGULATIONS
Ohio citation
Ohio effective
date
Title/subject
*
*
EPA approval date
*
*
Notes
*
*
*
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 ..............
3745–31–01 ................
Definitions .................
3/20/2017
7/18/2018, [Insert Federal Register citation].
*
*
*
*
*
*
*
*
[FR Doc. 2018–15254 Filed 7–17–18; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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
amozie on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:26 Jul 17, 2018
Jkt 244001
*
*
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
PO 00000
Frm 00052
Fmt 4700
Except for (I), (NNN), (SSS)(1)(b),
(QQQQ), (WWWW), (JJJJJ), (NNNNN),
(VVVVV), (BBBBBB) and (LLLLLL)(2)(y).
Only
(LLL)(6),
(NNN),
(WWWW),
(NNNNN), (VVVVV), and (LLLLLL)(2)(ee)
Sfmt 4700
*
*
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,
maietta.anthony@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 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
E:\FR\FM\18JYR1.SGM
18JYR1
Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
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.
amozie on DSK3GDR082PROD with RULES
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
VerDate Sep<11>2014
17:26 Jul 17, 2018
Jkt 244001
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
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);
PO 00000
1 62
FR 27968 (May 22, 1997).
Frm 00053
Fmt 4700
Sfmt 4700
33847
• 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.
E:\FR\FM\18JYR1.SGM
18JYR1
33848
Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations
Dated: July 9, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
2. In § 52.1220, the table in paragraph
(d) is amended by revising the entry for
‘‘Flint Hills Resources Pine Bend, LLC’’
to read as follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
40 CFR part 52 is amended as follows:
1. The authority citation for part 52
continues to read as follows:
■
§ 52.1220
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED MINNESOTA SOURCE—SPECIFIC PERMITS
Name of source
*
Flint Hills Resources Pine
Bend, LLC..
*
*
*
State
effective
date
Permit No.
*
*
03700011–101
*
*
*
*
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 18–699; MB Docket No. 18–43; RM–
11797]
Radio Broadcasting Services;
Connerville, Oklahoma
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
*
*
Only conditions 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’’.
At the request of The
Chickasaw Nation, the Audio Division
amends the FM Table of Allotments by
allotting FM Channel 247A at
Connerville, Oklahoma, as a Tribal
Allotment and a first local Tribal-owned
service to the community. A staff
engineering analysis indicates that
Channel 247A can be allotted at
Connerville, Oklahoma, as proposed,
consistent with the minimum distance
separation requirements of the
Commission’s rules with a site
restriction 9.40 km (5.84 miles)
southwest of the community. The
reference coordinates are 34–25–00 NL
and 96–43–53 WL.
DATES: Effective August 20, 2018.
FOR FURTHER INFORMATION CONTACT:
Adrienne Y. Denysyk, Media Bureau,
(202) 418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 18–43,
adopted July 5, 2018, and released July
6, 2018. The full text of this
Jkt 244001
*
*
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
SUMMARY:
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*
*
7/18/2018, [Insert Federal
Register citation].
Commission decision is available for
inspection and copying during normal
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
online at https://apps.fcc.gov/ecfs/. This
document does not contain information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. The Commission
will send a copy of the Report and
Order in a report to be sent to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
BILLING CODE 6560–50–P
17:26 Jul 17, 2018
1/13/2017
Comments
*
[FR Doc. 2018–15253 Filed 7–17–18; 8:45 am]
VerDate Sep<11>2014
EPA approval date
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
*
*
Channel No.
*
*
*
*
*
Oklahoma
*
*
*
*
Connerville ................................
*
*
*
*
*
*
*
*
*
247A
*
*
[FR Doc. 2018–15309 Filed 7–17–18; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
RIN 0648–XG334
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 309, 310,
334, 336, and 339.
2. In § 73.202(b), the table is amended
under Oklahoma by adding Connerville,
Channel 247A, in alphabetical order to
read as follows:
■
§ 73.202
*
PO 00000
Table of Allotments.
*
*
(b) * * *
Frm 00054
*
Fmt 4700
*
Sfmt 4700
Pacific Island Pelagic Fisheries; False
Killer Whale Take Reduction Plan;
Closure of Southern Exclusion Zone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; area closure;
request for comments.
AGENCY:
NMFS is closing the Southern
Exclusion Zone (SEZ) to deep-set
longline fishing through December 31,
2018, for all vessels registered under the
Hawaii longline limited access program,
as a result of the fishery reaching the
established annual trigger of two
observed false killer whale mortalities
or serious injuries (M&SI) in the fishery
SUMMARY:
E:\FR\FM\18JYR1.SGM
18JYR1
]]>Agencies
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Rules and Regulations]
[Pages 33846-33848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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
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* * * * * * *
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''.
* * * * * * *
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* * * * *
[FR Doc. 2018-15253 Filed 7-17-18; 8:45 am]
BILLING CODE 6560-50-P
