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. 

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 § 52.1870, 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) * * * 

EPA-APPROVED OHIO REGULATIONS

Ohio citation Title/subject Ohio effective 

date 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 .............. Except for (I), (NNN), (SSS)(1)(b), 

(QQQQ), (WWWW), (JJJJJ), (NNNNN), 

(VVVVV), (BBBBBB) and (LLLLLL)(2)(y). 

3745–31–01 ................ Definitions ................. 3/20/2017 7/18/2018, [Insert Federal Register citation].Only (LLL)(6), (NNN), (WWWW), 

(NNNNN), (VVVVV), and (LLLLLL)(2)(ee) 

* * * * * * * 

* * * * * 

[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 

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, 

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 


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Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations 33847 

1 62 FR 27968 (May 22, 1997). 

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

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. 


amozie on DSK3GDR082PROD with RULES
33848 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations 

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 

■ 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) * * * 

EPA-APPROVED MINNESOTA SOURCE—SPECIFIC PERMITS

Name of source Permit No. 

State 

effective 

date 

EPA approval date Comments 

*******

Flint Hills Resources Pine 

Bend, LLC..

03700011–101 1/13/2017 7/18/2018, [Insert Federal 

Register citation].

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’’. 

* * * * * * * 

* * * * * 

[FR Doc. 2018–15253 Filed 7–17–18; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 18–699; MB Docket No. 18–43; RM– 

11797] 

Radio Broadcasting Services; 

Connerville, Oklahoma 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: 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 

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 http://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). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

Nazifa Sawez, 

Assistant Chief, Audio Division, Media 

Bureau. 

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 Table of Allotments. 

* * * * * 

(b) * * * 

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 

Pacific Island Pelagic Fisheries; False 

Killer Whale Take Reduction Plan; 

Closure of Southern Exclusion Zone 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; area closure; 

request for comments. 

SUMMARY: 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 


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