Air Plan Approval; Minnesota; Flint Hills Sulfur Dioxide (SO2, 42825-42827 [2019-17670]
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42825
Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Rules and Regulations
EPA-APPROVED NEW MEXICO STATUTES
State citation
State approval/
effective date
Title/subject
EPA approval date
Comments
New Mexico Statutes
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Chapter 74—Environmental Improvement
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74–2–6 ............
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Adoption of regulations;
notice and hearings.
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74–2–12 ..........
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Enforcement; compliance
orders.
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74–2–13 ..........
Inspection .......................
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8/6/2015
8/6/2015
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[FR Doc. 2019–17746 Filed 8–16–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0731; FRL–9998–49–
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 October
23, 2018. The SIP revision pertains to
the shutdown and replacement of
certain equipment at the refinery as well
as amendments to certain emission
limits, resulting in an overall decrease
of SO2 emissions from FHR.
DATES: This final rule is effective on
September 18, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0731. 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
jspears on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
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8/6/2015
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*
8/19/2019, [Insert Federal Register citation].
*
*
*
*
8/19/2019, [Insert FedOnly paragraphs (A)(1) & (2) are SIP-approved
eral Register citation].
(enforcement authority under CAA section
110(a)(2)(C)).
8/19/2019, [Insert Federal Register citation].
*
*
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,
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
I. What is being addressed by this
document?
On October 23, 2018, 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
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
*
*
51; Title I Condition: 40 CFR pt. 52,
subp. Y’’ in FHR’s revised joint Title I/
Title V document, Permit No.
03700011–102 (joint document 102). On
May 16, 2019 (84 FR 22091), EPA
proposed to approve MPCA’s October
23, 2018 submittal.
MPCA’s submittal demonstrated that
joint document 102 contains amended
SIP conditions that implement changes
to technology at the plant as well as
revise SO2 emissions limits for existing
equipment. MPCA’s submittal
demonstrated that the amended SIP
revisions reduce allowable SIP-based
SO2 emissions by 7.9 pounds per hour
or 119.8 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 102.
II. What comments did we receive on
the proposed action?
Our May 16, 2019 proposed rule
provided a 30-day review and comment
period. The comment period closed on
June 17, 2019. EPA received no
comments on 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 October 23,
2018, 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 102.
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42826
Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Rules and Regulations
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
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;
jspears on DSK3GMQ082PROD with RULES
1 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
15:43 Aug 16, 2019
Jkt 247001
• 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 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
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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 October 18, 2019.
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.
Dated: August 6, 2019.
Cathy Stepp,
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 revising the entry for
‘‘Flint Hills Resources Pine Bend, LLC’’
to read as follows:
■
§ 52.1220
*
Identification of plan.
*
*
(d) * * *
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42827
Federal Register / Vol. 84, No. 160 / Monday, August 19, 2019 / Rules and Regulations
EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS
Name of source
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Flint Hills Resources
Pine Bend, LLC.
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State effective
date
Permit No.
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03700011–102
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[FR Doc. 2019–17670 Filed 8–16–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150413357–5999–02]
RIN 0648–XT012
Atlantic Highly Migratory Species;
Commercial Aggregated Large Coastal
Shark and Hammerhead Shark
Management Group in the Atlantic
Region; Retention Limit Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
retention limit adjustment.
AGENCY:
NMFS is adjusting the
commercial aggregated large coastal
shark (LCS) and hammerhead shark
management group retention limit for
directed shark limited access permit
holders in the Atlantic region from 36
LCS other than sandbar sharks per
vessel per trip to 45 LCS other than
sandbar sharks per vessel per trip. This
action is based on consideration of the
regulatory determination criteria
regarding inseason adjustments. The
retention limit will remain at 45 LCS
other than sandbar sharks per vessel per
trip in the Atlantic region through the
rest of the 2019 fishing season or until
NMFS announces via a notice in the
Federal Register another adjustment to
the retention limit or a fishery closure.
This retention limit adjustment affects
anyone with a directed shark limited
access permit fishing for LCS in the
Atlantic region.
DATES: This retention limit adjustment
is effective on August 16, 2019, through
December 31, 2019, or until NMFS
announces via a notice in the Federal
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EPA approval date
Comments
*
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8/19/2019, [Insert FedOnly conditions cited as ‘‘Title I Condition: 40
eral Register citation].
CFR Section 50.4(SO2 SIP); Title I Condition:
40 CFR 51; Title I Condition: 40 CFR pt. 52,
subp. Y’’.
*
*
Register another adjustment to the
retention limit or a fishery closure, if
warranted.
FOR FURTHER INFORMATION CONTACT:
Lauren Latchford Guy DuBeck, or Karyl
Brewster-Geisz 301–427–8503; fax 301–
713–1917.
SUPPLEMENTARY INFORMATION: Atlantic
shark fisheries are managed under the
2006 Consolidated Highly Migratory
Species (HMS) Fishery Management
Plan (FMP), its amendments, and
implementing regulations (50 CFR part
635) issued under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.).
Atlantic shark fisheries have separate
regional (Gulf of Mexico and Atlantic)
quotas for all management groups
except those for blue shark, porbeagle
shark, pelagic sharks (other than
porbeagle or blue sharks), and the shark
research fishery for LCS and sandbar
sharks. The boundary between the Gulf
of Mexico region and the Atlantic region
is defined at § 635.27(b)(1) as a line
beginning on the East Coast of Florida
at the mainland at 25°20.4′ N lat,
proceeding due east. Any water and
land to the north and east of that
boundary is considered, for the
purposes of setting and monitoring
quotas, to be within the Atlantic region.
This inseason action only affects the
aggregated LCS and hammerhead shark
management groups in the Atlantic
region.
Under § 635.24(a)(8), NMFS may
adjust the commercial retention limits
in the shark fisheries during the fishing
season. Before making any adjustment,
NMFS must consider specified
regulatory criteria (see § 635.24(a)(8)(i)
through (vi)). After considering these
criteria as discussed below, NMFS has
concluded that increasing the retention
limit of the Atlantic aggregated LCS and
hammerhead management groups for
directed shark limited access permit
holders in the Atlantic region will allow
use of available aggregated LCS and
hammerhead shark management group
quotas and will provide fishermen
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*
throughout the region equitable fishing
opportunities for the rest of the year.
Therefore, NMFS is increasing the
commercial Atlantic aggregated LCS and
hammerhead shark retention limit in the
Atlantic region from 36 to 45 LCS other
than sandbar shark per vessel per trip.
NMFS considered the inseason
retention limit adjustment criteria listed
at § 635.24(a)(8)(i) through (vi), which
includes:
• The amount of remaining shark
quota in the relevant area, region, or
sub-region to date, based on dealer
reports.
Based on dealer reports through
August 9, 2019, 28.6.0 metric tons (mt)
dressed weight (dw) (62,980 lb dw), or
17 percent, of the 168.9 mt dw shark
quota for aggregated LCS and 8.9 mt dw
(19,652 lb dw), or 33 percent, of the 27.1
mt dw shark quota for the hammerhead
management groups have been
harvested in the Atlantic region. This
means that approximately 83 percent of
the aggregated LCS quota remains
available and approximately 67 percent
of the hammerhead shark quota remains
available. NMFS took action on April 2,
2019 to reduce retention the retention
limit from 25 to 3 after considering the
relevant inseason adjustment criteria,
particularly the need for all regions to
have an equitable opportunity to utilize
the quota (84 FR 12524). On June 25,
2019, NMFS increased the retention
limit to 36 LCS other than sandbar
sharks per vessel per trip (84 FR 29808)
to promote use of the available quota.
• The catch rates of the relevant shark
species/complexes in the region or subregion, to date, based on dealer reports.
Based on the current commercial
retention limit and average catch rate of
landings data from dealer reports, the
amount of Atlantic aggregated LCS and
hammerhead shark quota available is
high, while harvest in the Atlantic
region on a daily basis is low. Using
current catch rates, projections indicate
that landings would not reach 80
percent of the quota before the end of
the 2019 fishing season (December 31,
2019). A higher retention limit
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]]>Agencies
[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Rules and Regulations]
[Pages 42825-42827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17670]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0731; FRL-9998-49-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 October 23, 2018. The SIP revision
pertains to the shutdown and replacement of certain equipment at the
refinery as well as amendments to certain emission limits, resulting in
an overall decrease of SO2 emissions from FHR.
DATES: This final rule is effective on September 18, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0731. 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
I. What is being addressed by this document?
On October 23, 2018, 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.
03700011-102 (joint document 102). On May 16, 2019 (84 FR 22091), EPA
proposed to approve MPCA's October 23, 2018 submittal.
MPCA's submittal demonstrated that joint document 102 contains
amended SIP conditions that implement changes to technology at the
plant as well as revise SO2 emissions limits for existing
equipment. MPCA's submittal demonstrated that the amended SIP revisions
reduce allowable SIP-based SO2 emissions by 7.9 pounds per
hour or 119.8 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 102.
II. What comments did we receive on the proposed action?
Our May 16, 2019 proposed rule provided a 30-day review and comment
period. The comment period closed on June 17, 2019. EPA received no
comments on 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 October 23, 2018, 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 102.
[[Page 42826]]
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 (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 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 October 18, 2019. 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.
Dated: August 6, 2019.
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) * * *
[[Page 42827]]
EPA-Approved Minnesota Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Permit No. date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Flint Hills Resources Pine 03700011-102 10/5/2018 8/19/2019, Only conditions cited
Bend, LLC. [Insert Federal as ``Title I
Register Condition: 40 CFR
citation]. 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. 2019-17670 Filed 8-16-19; 8:45 am]
BILLING CODE 6560-50-P
