78602 Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Rules and Regulations 

vertical lift bridge across the Inner 

Harbor Navigational Canal, mile 0.9, 

(Gulf Intracoastal Waterway mile 6.7 

East of Harvey Lock), at New Orleans, 

Orleans Parish, Louisiana. This 

deviation is necessary to adjust the 

counterweight wire ropes on the bridge. 

This deviation allows the bridge to 

remain closed for two (2) 72-hour time 

periods within a two-week period. 

DATES: This deviation is effective from 

12:01 a.m. on Friday, January 7, 2011 

until 11:59 p.m. on Sunday, January 23, 

2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

0935 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0935 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search.’’ They are 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mrs. Donna Gagliano, 

Transportation Assistant, Eighth Coast 

Guard District Bridge Branch, US Coast 

Guard; telephone 504–671–2128 or email Donna.Gagliano@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Louisiana Department of Transportation 

and Development has requested a 

temporary deviation in order to perform 

maintenance from the published 

regulation for the SR 39 (Judge Seeber/ 

Claiborne Avenue) vertical lift bridge 

across the Inner Harbor Navigational 

Canal, mile 0.9, (GIWW mile 6.7 EHL). 

The bridge provides 40 feet of vertical 

clearance when closed above mean high 

water, and 156 feet above MHW in the 

open-to-navigation position. Currently, 

according to 33 CFR 117.458(a), the 

draw of the bridge shall open on signal; 

except that, from 6:30 a.m. to 8:30 a.m. 

and 3:30 p.m. to 5:45 p.m. Monday 

through Friday, the draw need not be 

open for the passage of vessels. The 

draw shall open at any time for a vessel 

in distress. 

This deviation allows the bridge to 

remain closed to navigation/for two (2) 

72-hour periods within a two-week time 

between January 7, 2011 and January 23, 

2011. As required by 33 CFR 117.40(a), 

the exact dates of the closures will be 

determined at a later date, allowing 

deep draft vessel movements just before 

and/or between the closure periods. 

Exact times and dates for the closures 

will be published in the Local Notice to 

Mariners and broadcast via the Coast 

Guard Broad Notice to Mariners system. 

Navigation on the waterway consists 

mainly of tugs with tows and ships. The 

Coast Guard has coordinated the closure 

with waterway users, industry, and 

other Coast Guard units. These dates 

and this schedule were chosen to 

minimize the significant effects on 

vessel traffic; however, some vessels 

that can pass under the bridge in the 

closed-to-navigation position can do so 

any time. The bridge will not be able to 

open for emergencies. 

In accordance with 33 CFR 117.35, 

this work will be performed with 

flexibility in order to return the bridge 

to normal operations as soon as 

possible. This deviation from the 

operating regulations is authorized 

under 33 CFR 117.35. 

Dated: December 2, 2010. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. 2010–31557 Filed 12–15–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0449; FRL–9239–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a request 

submitted by the Minnesota Pollution 

Control Agency (MPCA) on May 7, 

2010, to revise the Minnesota State 

Implementation Plan (SIP) for 

particulate matter less than 10 microns 

(PM10). The approval revises the 

Minnesota SIP by updating information 

for the Metropolitan Council 

Environmental Services (MCES) 

Metropolitan Wastewater Treatment 

Plant located in St. Paul, Minnesota. 

The revision reflects changes at the 

facility which include the 

decommissioning of six multiple hearth 

incinerators and associated equipment 

and the addition of three fluidized bed 

incinerators and associated equipment. 

These revisions are included in a joint 

Title I/Title V document for the MCES 

Metropolitan Wastewater Treatment 

Plant, which replaces the document 

currently approved in the SIP for the 

facility. These revisions will result in 

reducing the PM10 emissions in the St. 

Paul area, and strengthen the existing 

PM10 SIP. 

DATES: This direct final rule will be 

effective February 14, 2011 unless EPA 

receives adverse comments by January 

18, 2011. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0449, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m. excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2010– 

0449. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov 

Web site is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through www.regulations.gov 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Rules and Regulations 78603 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Charles 

Hatten, Environmental Engineer, at 

(312) 886–6031 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

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. General Information 

II. What revision did the State request be 

incorporated into the SIP? 

III. What is EPA’s analysis of the State 

submission? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. General Information 

A. Does this action apply to me? 

This action applies only to the MCES 

Metropolitan Wastewater Treatment 

Plant located at 2400 Childs Road, St. 

Paul, Minnesota (Ramsey County). 

B. Has public notice been provided? 

Minnesota published a public notice 

of the revisions to the SIP on July 31, 

2009. The comment period began on 

August 1, 2009, and ended on August 

31, 2009. In the public notice, 

Minnesota stated it would hold a public 

hearing if one was requested during the 

comment period. This follows the 

alternative public participation process 

EPA approved on June 5, 2006 (71 FR 

32274). For limited types of SIP 

revisions that are noncontroversial and 

for which the public has shown little or 

no interest, a public hearing is not 

automatically required. Because no one 

requested a public hearing, Minnesota 

did not hold a public hearing. 

C. What is the background to this 

action? 

The MCES Metropolitan Wastewater 

Treatment Plant was found to be a 

culpable source in the Childs Road 

area’s nonattainment plan for the PM10

National Ambient Air Quality Standard 

(NAAQS). However, the area currently 

meets the NAAQS for PM10, and was 

officially redesignated as attainment on 

September 24, 2002. 

The MCES Metropolitan Wastewater 

Treatment Plant is an advanced 

secondary waste water treatment plant. 

This plant is the principal sewage 

treatment facility for the Minneapolis 

and St. Paul metropolitan area serving 

more than 80 percent of the area’s 

sewered population, as well as 

commercial, institutional, and industrial 

wastewater generators. The plant has a 

permitted average wet weather design 

flow of 314 million gallons per day. 

Primary and secondary sludges from the 

waste water treatment process, as well 

as sludges from other MCES treatment 

facilities, are blended and thickened 

prior to incineration on-site. 

The primary source of emissions at 

this plant is the incineration of sewage 

sludge, along with small amounts of 

spent activated carbon and scum 

generated on-site in three fluidized bed 

sludge reactors (FBRs). Each identical 

FBR is equipped with a pollution 

control train consisting of carbon 

injection, high temperature fabric filter 

baghouse, a venturi scrubber and a high 

efficiency wet electrostatic precipitator. 

Each FBR is capable of processing 130 

dry tons of sewage sludge per day. The 

FBRs normally fire natural gas as an 

auxiliary fuel, but are capable of 

utilizing No. 2 fuel oil. Emissions also 

result from aeration of the wastewater 

during the treatment process, operation 

of two auxiliary steam boilers for plant 

heating, operation of emergency 

generators, ash and other material 

handling, fuel storage activities, and 

other routine maintenance activities. 

II. What revision did the State request 

be incorporated into the SIP? 

The State has requested that EPA 

approve, as a revision to the Minnesota 

SIP, a new joint Title I/Title V 

document, Air Permit No. 12300053– 

006, to replace the joint Title I/Title V 

document currently approved into the 

SIP. The new joint document 

incorporates changes to reflect current 

operating conditions and the applicable 

PM10 SIP conditions for MCES 

Metropolitan Wastewater Treatment 

Plant. The biggest change to the facility 

included replacing the six multiple 

hearth sludge incinerators, identified as 

emission units EU008 to EU013, with 

three FBRs, identified as emission units 

EU035 to EU037. 

A. What prior SIP actions are pertinent 

to this action? 

The MCES Metropolitan Wastewater 

Treatment Plant in St. Paul, Minnesota, 

has been subject to a federally 

enforceable permit incorporated into 

Minnesota’s SIP as a joint Title I/Title 

V document, containing requirements 

for ensuring maintenance of the NAAQS 

for PM10. In 2001, the joint Title I/Title 

V document, Air Permit No. 12300053– 

001, incorporated operating conditions 

and the applicable PM10 SIP conditions 

for the MCES Metropolitan Wastewater 

Treatment Plant. The 2001 joint 

document included in the SIP was 

based on plant operations using 

multiple hearth incinerators. The 

limited potential emissions of PM10

from the facility, considering all permit 

limitations, was 184.9 tons per year 

(tpy). Prior to the issuance of the 2001 

joint document, EPA and the MCES 

Metropolitan Wastewater Treatment 

Plant had entered into a consent decree 

(65 FR 52787), which imposed 

compliance measures and called for the 

replacement of the multiple hearth 

incinerators with new FBRs. The new 

FBRs were permitted in 2002. 

Other changes at MCES Metropolitan 

Wastewater Treatment Plant since 2001 

include the decommissioning of ash 

handling systems (EU016–EU018), 

housekeeping vacuum system (EU033), 

multiple hearth auxiliary fuel feed 

systems (EU027–EU032), two auxiliary 

boilers (EU14–EU015), and rotating 

biological system contractors and 

sedimentation tanks (EU0005–EU007); 

and, the installation of sludge alkaline 

stabilization processing equipment 

(EU038–EU041), sludge centrifuge 

processing equipment (EU051–EU053), 

ash and other materials handling 

equipment (EU045–EU050), two 

replacement auxiliary boilers (EU042 


jlentini on DSKJ8SOYB1PROD with RULES
78604 Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Rules and Regulations 

and EU043), and an additional 

emergency back-up diesel generator. 

The SIP requirements in the joint 

Title I/Title V document submitted by 

MPCA are designated as ‘‘Title I 

Condition: SIP for PM10 NAAQS’’ 

making it clear that the term is part of 

the SIP’s source-specific requirements. 

B. What are Title I conditions and joint 

Title I/Title V documents? 

SIP control measures were contained 

in permits issued to culpable sources in 

Minnesota until 1990 when EPA 

determined that limits in state-issued 

permits are not federally enforceable 

because the permits expire. Minnesota 

then issued permanent Administrative 

Orders to culpable sources in 

nonattainment areas from 1991 to 

February of 1996. 

Minnesota’s consolidated permitting 

regulations, approved into its SIP on 

May 2, 1995 (60 FR 21447), include the 

term ‘‘Title I condition’’ which was 

written, in part, to satisfy EPA 

requirements that SIP control measures 

remain permanent. A ‘‘Title I condition’’ 

is defined as ‘‘any condition based on 

source-specific determination of 

ambient impacts imposed for the 

purposes of achieving or maintaining 

attainment with the national ambient air 

quality standard and which was part of 

the state implementation plan approved 

by EPA or submitted to the EPA 

pending approval under section 110 of 

the act * * *.’’ The rule also states that 

‘‘Title I conditions and the permittee’s 

obligation to comply with them, shall 

not expire, regardless of the expiration 

of the other conditions of the permit.’’ 

Further, ‘‘any title I condition shall 

remain in effect without regard to 

permit expiration or reissuance, and 

shall be restated in the reissued permit.’’ 

Minnesota has initiated using joint 

Title I/Title V documents as the 

enforceable document for imposing 

emission limitations and compliance 

requirements in SIPs. The SIP 

requirements in joint Title I/Title V 

documents submitted by MPCA are 

cited as ‘‘Title I conditions,’’ therefore 

ensuring that SIP requirements remain 

permanent and enforceable. EPA 

reviewed the State’s procedure for using 

joint Title I/Title V documents to 

implement site-specific SIP 

requirements and found it to be 

acceptable under both Titles I and V of 

the Clean Air Act (CAA) (July 3, 1997 

letter from David Kee, EPA, to Michael 

J. Sandusky, MPCA). Further, a June 15, 

2006, letter from EPA to MPCA clarifies 

procedures to transfer requirements 

from Administrative Orders to joint 

Title I/Title V documents. 

III. What is EPA’s analysis of the State 

submission? 

This SIP revision replaces the joint 

Title I/Title V document currently 

approved into the SIP for MCES 

Metropolitan Wastewater Treatment 

Plant with a new joint Title I/Title V 

document, Air Permit No.12300053– 

006. This document reflects current 

operating conditions and applicable 

PM10 SIP conditions for the MCES 

Metropolitan Wastewater Treatment 

Plant. The facility now operates three 

FBRs, replacing the six multiple hearth 

sludge incinerators, two new auxiliary 

boilers, new alkaline stabilization 

process equipment, new sludge 

centrifuge processing equipment, new 

ash handling equipment, and an 

additional emergency back-up diesel 

generator. 

The facility remains subject to several 

ongoing SIP conditions, and some new 

or more stringent SIP conditions have 

been added; these conditions limit PM10

emissions that ensure that the NAAQS 

for PM10 are maintained. Conditions for 

recordkeeping, performance testing, and 

reporting of deviations from SIP 

conditions have been maintained. 

Reduced PM10 Limits 

The six multiple hearth incinerators, 

replaced with three FBRs, were 

previously limited to 1.20 pounds of 

PM10 per ton of dry sludge charged. 

Each unit generally charged 90 dry tons 

of sludge per day, resulting in total 

emissions of 19.7 tpy of PM10 per unit, 

and a total of 118.3 tpy of PM10. The 

three new FBRs are each limited to 2.01 

pounds of PM10 per hour. If these units 

were to operate 8,760 hours in a year, 

that would result in 8.8 tpy of PM10 per 

unit or 26.4 tpy for all three FBRs 

combined. 

The auxiliary boilers were previously 

each subject to a PM10 limit of 0.10 

pounds of PM10 per million Btu heat 

input; this resulted in 5.7 tpy of PM10

per unit. The replacement boilers are 

subject to a limit of 15.37 pounds per 

million pounds of steam. For these 

boilers, this equals about 1.23 pounds 

per hour per boiler (or 5.4 tpy). 

The new alkaline stabilization process 

and the ash handling system PM10

emissions are limited to 0.005 grains/ 

dry standard cubic feet (grains/dscf), 

respectively. The prior alkaline 

stabilization process and ash handling 

system each had a SIP emission limit for 

PM10 of 0.05 grains/dscf. 

Overall, the changes noted in this SIP 

revision do not increase total PM10

emission limits. Instead, the potential 

emissions of PM10 for the MCES 

Metropolitan Wastewater Treatment 

Plant, considering all permit limitations, 

are reduced from 184.9 tpy to 47.8 tpy. 

Air Quality Analysis 

Because some of the changes being 

made to the facility may affect the 

release and dispersion of PM10

emissions, MCES Metropolitan 

Wastewater Treatment Plant provided 

an air quality analysis to address the 

facility’s impact on the PM10 NAAQS. 

All the changes to the facility were 

completed in 2002. Air quality 

modeling was performed in 2001 and 

2002 using the ISCST3 dispersion 

model. The modeling used five years of 

surface meteorological data from the 

Minneapolis/St. Paul airport and upper 

air data from St. Cloud, 1987–1991. The 

model was run with urban dispersion 

coefficients and regulatory default 

options. The high, sixth high 24-hour 

PM10 modeled concentration for the 

MCES Metropolitan Wastewater 

Treatment Plant, plus a conservative 

background concentration, was 107.1 

micrograms per cubic meter (μg/m3). 

This value is below the 24-hour PM10

standard of 150 μg/m3. The modeled 

result for the annual standard, including 

background, was 32.5 μg/m3, which was 

below the annual PM10 standard of 50 

μg/m3. The annual PM10 standard was 

revoked in 2006. 

IV. What action is EPA taking? 

EPA is approving the revision to 

Minnesota’s SIP to replace the joint 

Title I/Title V document currently 

approved into the SIP for MCES 

Metropolitan Wastewater Treatment 

Plant with a new joint Title I/Title V 

document, Air Permit No. 12300053– 

006. The updated information in the 

new joint document will incorporate 

changes to reflect current operating 

conditions and the applicable PM10 SIP 

conditions for MCES Metropolitan 

Wastewater Treatment Plant. In 

approving this joint Title I/Title V 

document, EPA is incorporating into the 

SIP only those requirements in the joint 

document labeled as ‘‘Title I Condition: 

SIP for PM10 NAAQS.’’ 

Since this SIP revision will decrease 

PM10 impacts in the St. Paul area, MCES 

Metropolitan Wastewater Treatment 

Plant revision will strengthen the 

existing PM10 SIP. 

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 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Rules and Regulations 78605 

effective February 14, 2011 without 

further notice unless we receive relevant 

adverse written comments by January 

18, 2011. 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. The 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 

February 14, 2011. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

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 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 February 14, 

2011. 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: December 3, 2010. 

Susan Hedman, 

Regional Administrator, Region 5. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart Y—Minnesota 

■ 2. In § 52.1220 the table in paragraph 

(d) is amended by revising the entry for 

‘‘Metropolitan Council Environmental 

Services Metropolitan Wastewater 

Treatment Plant North Star Steel’’ to 

read as follows: 

§ 52.1220 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS

Name of source Permit No. State effective date EPA Approval date Comments 

*******

Metropolitan Council Environmental Services 

Metropolitan Wastewater Treatment Plant.

12300053–006 02/25/10 12/16/10, [Insert page number 

where the document begins].

Only conditions cited as 

‘‘Title I condition: SIP for 

PM10 NAAQS.’’ 

* * * * * * * 


jlentini on DSKJ8SOYB1PROD with RULES
78606 Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Rules and Regulations 

* * * * * 

[FR Doc. 2010–31345 Filed 12–15–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1160] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Deputy Federal Insurance and 

Mitigation Administrator reconsider the 

changes. The modified BFEs may be 

changed during the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064, or (e-mail) 

luis.rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own or 

pursuant to policies established by other 

Federal, State, or regional entities. The 

changes in BFEs are in accordance with 

44 CFR 65.4. 

National Environmental Policy Act. 

This interim rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This 

interim rule is not a significant 

regulatory action under the criteria of 

section 3(f) of Executive Order 12866 of 

September 30, 1993, Regulatory 

Planning and Review, 58 FR 51735. 

Executive Order 13132, Federalism. 

This interim rule involves no policies 

that have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This interim rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 

State and county Location and case 

No. 

Date and name of newspaper where notice was 

published 

Chief executive officer of community Effective date of 

modification 

Community 

No. 

Arizona: Maricopa City of Tempe ......

(10–09–2035P) 

September 16, 2010, September 23, 2010, Arizona Business Gazette.The Honorable Hugh Hallman, Mayor, 

City of Tempe, 31 East 5th Street, 

Tempe, AZ 85281.

January 21, 2011 040054 

Arizona: Mojave ... Fort Mojave Indian 

Reservation.

(10–09–1826P) 

September 10, 2010, September 17, 2010, The 

Kingman Daily Miner.

Mr. Timothy Williams, Chairman, Fort 

Mojave Indian Reservation, 500 

Merriman Avenue, Needles, CA 

92363.

August 31, 2010 .. 040133 

Arizona: Pinal ....... Town of Florence

(10–09–1057P) 

September 24, 2010, October 1, 2010, Casa 

Grande Dispatch.

The Honorable Vikki Kilvinger, Mayor, 

Town of Florence, 775 North Main 

Street, Florence, AZ 85232.

January 31, 2011 040084 

Arizona: Yavapai .. Unincorporated 

areas of 

Yavapai County.

(10–09–0965P) 

August 27, 2010, September 3, 2010, The 

Daily Courier.

Mr. Chip Davis, Chairman, Yavapai 

County Board of Supervisors, 10 

South 6th Street, Cottonwood, AZ 

86326.

January 3, 2011 ... 040093 


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