45480 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations 

Lakeshore Drive Bridge, 41°53′19′′ N, 

087°36′51′′ W and the Wabash Street 

Bridge, 41°53′17′′ N, 087°37′36′′ W. 

(i) Date. July 27, 2010. 

(2) The second safety zone 

encompasses all U.S. navigable waters 

of the Chicago River between the 

Dearborn Street Bridge, 41°53′14′′ N, 

087°37′46′′ W and the Wabash Street 

Bridge, 41°53′17′′ N, 087°37′36′′W. 

[DATUM: NAD 83]. 

(i) Date. August 8, 2010. 

(b) Enforcement period. The first 

safety zone will be enforced between 7 

a.m. to 9 p.m. on July 27, 2010. The 

second safety zone will be enforced 

between 7 a.m. to 9 p.m. on August 8, 

2010. The Captain of the Port, Sector 

Lake Michigan, or the on-scene 

representative may suspend and restart 

the enforcement of the safety zone at 

anytime within the stated enforcement 

times. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port, 

Sector Lake Michigan, or his or her onscene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port, Sector Lake 

Michigan, is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the Captain 

of the Port, Sector Lake Michigan, to act 

on his or her behalf. The on-scene 

representative of the Captain of the Port, 

Sector Lake Michigan, will be on land 

in the vicinity of the safety zone and 

will have constant communications 

with the Chicago Marine Unit vessels 

that will be on-scene as the enforcement 

vessels. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port, Sector 

Lake Michigan, or his or her on-scene 

representative to obtain permission to 

do so. The Captain of the Port, Sector 

Lake Michigan, or his or her on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port, Sector Lake Michigan, or his 

or her on-scene representative. 

Dated: July 21, 2010. 

L. Barndt, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Lake Michigan. 

[FR Doc. 2010–18960 Filed 8–2–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0450; FRL–9182–2] 

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 sulfur 

dioxide (SO2). The approval revises the 

Minnesota SIP by updating information 

regarding the heat and steam distributor 

facility of United Defense, LP, Inc, 

located in Fridley, Minnesota. The 

source has changed its name from 

United Defense, LP, Inc to ELT 

Minneapolis, LLC, as a consequence of 

a change in ownership. The revision 

replaces the joint Title I/Title V 

document currently approved in the SIP 

for the facility to reflect the change in 

ownership. These revisions do not 

change any of the SO2 control 

requirements and will not result in an 

increase in SO2 emissions at the facility 

because no emission limits were 

increased. 

DATES: This direct final rule will be 

effective October 4, 2010, unless EPA 

receives adverse comments by 

September 2, 2010. 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–2010–0450, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: bortzer.jay@epa.gov. 

3. Fax: (312)629–2054. 

4. Mail: Jay Bortzer, Chief, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Jay Bortzer, Chief, 

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– 

0450. 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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 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 http:// 

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 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations 45481 

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 ELT 

Minneapolis, LLC, (ELT) for its River 

Road Industrial facility located at 4800 

East River Road, Fridley, Minnesota 

(Anoka County). 

B. Has public notice been provided? 

Minnesota published a public notice 

of the revisions to the SIP on February 

17, 2010. The comment period began on 

February 26, 2010, and ended on March 

29, 2010. In the public notice, 

Minnesota stated it would hold a public 

hearing if one were 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 the public has shown 

little interest in, 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? 

ELT owns and operates boilers and 

emergency generators in the city of 

Fridley, formerly owned and operated 

by United Defense, LP, Inc. The facility 

is used as a heat and steam distributor. 

The facility is located in the Anoka 

area’s non-attainment plan for the SO2

National Ambient Air Quality Standard 

(NAAQS). However, the area currently 

meets the NAAQS for SO2, and was 

officially redesignated as attainment on 

July 31, 1995. 

The primary emission units at the 

facility are three fossil fuel-fired boilers 

(Nos. 1, 2, and 3), and four emergency 

generators. Each boiler burns natural gas 

as fuel with distillate oil as a backup 

fuel. The generators only burn low 

sulfur diesel fuel. 

II. What revision did the State request 

be incorporated into the SIP? 

To reflect the change in ownership 

the State has requested that EPA replace 

the joint Title I/Title V document 

currently in the Minnesota SIP for 

United Defense, LP, Inc, with a new 

joint document for ELT Minneapolis, 

LLC. 

A. What prior SIP actions are pertinent 

to this action? 

The facility 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 

the attainment of the NAAQS for SO2. 

As a result, the facility is subject to fuel 

usage limitations to restrict the total 

facility SO2 emissions. 

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 (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? 

The revision to the Minnesota SIP is 

solely an administrative change to 

reference the new name of the facility 

from United Defense, LP, Inc, to ELT 

Minneapolis, LLC. On November 22, 

2005, the heat and steam distributor 

facility formerly owned and operated by 

United Defense, LP, Inc, was purchased 

by ELT. ELT operates the facility in an 

area that currently meets the NAAQS for 

SO2. 

This SIP revision replaces the joint 

Title I/Title V document, Air Permit No. 

00300020–001, currently approved into 

the SIP for United Defense, LP, Inc with 

a new joint Title I/Title V document, Air 

Permit No. 00300245–001, for ELT 

Minneapolis, LLC. This revision does 

not involve any substantive changes to 

the SIP conditions. All fuel restrictions 

and SO2 emission limits that apply to 

the boilers and emergency generators 

remain the same as those currently 

approved into the SIP. 

IV. What action is EPA taking? 

EPA is approving a revision to 

Minnesota’s SIP to replace the joint 

Title I/Title V document currently 

approved into the SIP for United 

Defense, LP, Inc, with a new joint Title 

I/Title V document, Air Permit No. 

00300245–001, for ELT Minneapolis, 

LLC. These revisions do not change any 

of the SO2 control requirements and will 

not result in an increase in SO2

emissions because no emission limits 

were increased. 

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 


erowe on DSK5CLS3C1PROD with RULES
45482 Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations 

effective October 4, 2010 without 

further notice unless we receive relevant 

adverse written comments by September 

2, 2010. 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 

October 4, 2010. 

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 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 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 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, 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 October 4, 2010. 

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 dioxide. 

Dated: July 19, 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 removing the entry 

for ‘‘United Defense, LP (formerly FMC/ 

U.S. Navy)’’ and adding in alphabetical 

order an entry for ‘‘ELT Minneapolis, 

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 

*******

ELT Minneapolis, LLC ........ 003000245–001 09/10/08 August 3, 2010, [Insert page number 

where the document begins].

Only conditions cited as ‘‘Title I condition: SIP for SO2 NAAQS.’’ 

* * * * * * * 

* * * * * 

[FR Doc. 2010–18563 Filed 8–2–10; 8:45 am] 

BILLING CODE 6560–50–P 


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