41444 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations 

1An area’s ozone design value for the 8-hour 

ozone NAAQS is the highest 3-year average of the 

annual fourth-highest daily maximum 8-hour 

average concentrations of all monitors in the area. 

To determine whether an area has attained the 

ozone NAAQS prior to the attainment date, EPA 

considers the monitor-specific ozone design values 

in the area for the most recent three years with 

complete, quality-assured, and certified ozone 

monitoring data prior to the attainment deadline (or 

for an earlier 3-year period if the area attains the 

ozone standard ahead of the attainment deadline). 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2016–0415] 

Safety Zones; Captain of the Port 

Boston Fireworks Display Zone, 

Boston Harbor, Boston, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

special local regulations for the Boston 

Harborfest in Boston Inner Harbor on 

July 2, 2016, to provide for the safety of 

life on navigable waterways during the 

fireworks. Our regulation for Captain of 

the Port Boston Fireworks display zone, 

Boston Harbor, Boston, MA identifies 

the regulated area for this fireworks 

display. During the enforcement period, 

no vessel may transit this regulated area 

without approval from the Captain of 

the Port or a designated representative. 

DATES: The regulation in 33 CFR 

165.119(a)(2) will be enforced Saturday, 

July 2, 2016 from 9 p.m. to 9:45 p.m. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Mr. Mark 

Cutter, Sector Boston Waterways 

Management Division, U.S. Coast 

Guard; telephone 617–223–4000, email 

Mark.E.Cutter@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce special local 

regulations in 33 CFR 165.119(a)(2) 

Saturday, July 2, 2016 from 9 p.m. to 

9:45 p.m., for the Boston Harborfest in 

Boston Inner Harbor. This action is 

being taken to provide for the safety of 

life on navigable waterways during the 

fireworks display. Our regulation for 

Captain of the Port Boston Fireworks 

display zone, Boston Harbor, Boston, 

MA, § 165.119(a)(2), specifies the 

location of the regulated area as all U.S. 

navigable waters of Boston Inner Harbor 

within a 700-foot radius of the fireworks 

barge in approximate position 

42°21′41.2′′ N. 071°02′36.5′′ W. (NAD 

1983), located off of Long Wharf, Boston 

MA. As specified in § 165.119(e), during 

the enforcement period, no vessel may 

transit this regulated area without 

approval from the Captain of the Port 

Sector Boston (COTP) or a COTP 

designated representative. 

This notice of enforcement is issued 

under authority of 33 CFR 165.119 and 

5 U.S.C. 552(a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard plans to 

provide notification of this enforcement 

periods via the Local Notice to Mariners 

and Broadcast Notice to Mariners. 

Dated: June 17, 2016. 

C.C. Gelzer, 

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

Port Boston. 

[FR Doc. 2016–15090 Filed 6–24–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2016–0276; FRL–9948–19– 

Region 5] 

Determination of Attainment by the 

Attainment Date; 2008 Ozone National 

Ambient Air Quality Standards; 

Cleveland, Ohio and St. Louis, 

Missouri-Illinois Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making a 

determination, under the Clean Air Act 

(CAA), that the Cleveland, Ohio (OH) 

and St. Louis, Missouri-Illinois (MO-IL) 

areas attained the 2008 ozone National 

Ambient Air Quality Standards 

(NAAQS), by the applicable attainment 

date of July 20, 2016. This 

determination for each area is based on 

complete, quality-assured and certified 

ozone monitoring data for 2013–2015. 

DATES: This direct final rule will be 

effective August 26, 2016, unless EPA 

receives adverse comments by July 27, 

2016. If adverse comments are received 

by EPA for an affected area, EPA will 

publish a timely withdrawal of the 

direct final rule for that area in the 

Federal Register informing the public 

that the rule will not take effect there. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2016–0276 at http://

www.regulations.gov or via email to 

Aburano.Douglas@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Scientist, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–1767, 

dagostino.kathleen@epa.gov. 

Deborah Bredehoft, Air Planning and 

Development Branch, Environmental 

Protection Agency, Region 7, 11201 

Renner Blvd., Lenexa, Kansas 66219, 

(913) 551–7164, Bredehoft.Deborah@

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. Background 

II. How does EPA determine whether an area 

has attained the 2008 ozone standard? 

III. What action is EPA taking and what is the 

rationale? 

IV. Statutory and Executive Order Reviews 

I. Background 

On April 30, 2012, the Cleveland, OH 

and St. Louis, MO-IL areas were 

designated as nonattainment for the 

2008 ozone NAAQS and were classified 

as marginal, effective July 20, 2012 (77 

FR 30088, May 21, 2012). On March 6, 

2015 (80 FR 12264), in the final 2008 

ozone NAAQS SIP requirements rule, 

EPA established an attainment deadline 

for marginal areas of July 20, 2015. 

The CAA section 181(b)(2) requires 

the EPA to determine, based on an 

area’s ozone design value 1 as of the 


Lhorne on DSK30JT082PROD with RULES
Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations 41445 

2These determinations of attainment do not 

constitute a redesignation to attainment. 

Redesignations require states to meet a number of 

additional criteria, including EPA approval of a 

state plan to maintain the air quality standard for 

10 years after redesignation. 

area’s attainment deadline, whether the 

area has attained the ozone standard by 

that date. The statute provides a 

mechanism by which states that meet 

certain criteria may request and be 

granted by the EPA Administrator a 1- 

year extension of an area’s attainment 

deadline. 

On May 4, 2016 (81 FR 26697), based 

on EPA’s evaluation and determination 

that the areas met the attainment date 

extension criteria of CAA section 

181(8)(5), EPA granted the Cleveland 

and St. Louis areas a 1-year extension of 

the marginal area attainment date to July 

20, 2016. 

II. How does EPA determine whether 

an area has attained the 2008 ozone 

standard? 

Under EPA regulations at 40 CFR part 

50, appendix P, the 2008 ozone NAAQS 

is attained at a site when the 3-year 

average of the annual fourth highest 

daily maximum 8-hour average ambient 

air quality ozone concentration is less 

than or equal to 0.075 parts per million 

(ppm). This 3-year average is referred to 

as the design value. When the design 

value is less than or equal to 0.075 ppm 

at each ambient air quality monitoring 

site within the area, then the area is 

deemed to be meeting the NAAQS. The 

rounding convention under 40 CFR part 

50, appendix P, dictates that 

concentrations shall be reported in ppm 

to the third decimal place, with 

additional digits to the right being 

truncated. Thus, a computed 3-year 

average ozone concentration of 0.076 

ppm is greater than 0.075 ppm and, 

therefore, over the standard. 

EPA’s determination of attainment is 

based upon data that have been 

collected and quality-assured in 

accordance with 40 CFR part 58 and 

recorded in the EPA’s Air Quality 

System database (formerly known as the 

Aerometric Information Retrieval 

System). Ambient air quality monitoring 

data for the 3-year period must meet a 

data completeness requirement. The 

ambient air quality monitoring data 

completeness requirement is met when 

the average percent of required 

monitoring days with valid ambient 

monitoring data is greater than 90 

percent, and no single year has less than 

75 percent data completeness as 

determined according to appendix P of 

part 50. 

III. What action is EPA taking and what 

is the rationale? 

EPA is taking this action pursuant to 

the agency’s statutory obligation under 

CAA section 181(b)(2) to determine 

whether the Cleveland and St. Louis 

nonattainment areas have attained the 

2008 ozone NAAQS by the applicable 

attainment date of July 20, 2016. In this 

action, EPA is making a determination 

that the Cleveland and St. Louis areas 

attained the 2008 ozone NAAQS by the 

applicable deadline of July 20, 2016, 

based upon complete, quality-assured 

and certified ozone monitoring data for 

2013–2015.2

EPA evaluated data from air quality 

monitors in the Cleveland and St. Louis 

areas in order to determine the areas’ 

attainment status as of the applicable 

attainment date of July 20, 2016. The 

data were supplied and quality-assured 

by state and local agencies responsible 

for monitoring ozone air monitoring 

networks. Table 1 displays the 2013– 

2015 design value for each monitor as 

well as the fourth high daily maximum 

8-hour ozone concentration for each of 

the three years used to calculate the 

design value. 

TABLE 1—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATION AND DESIGN VALUE BY MONITOR

Area County Monitor 2013 

4th high 

2014 

4th high 

2015 

4th high 

2013–2015 

design value 

St. Louis, MO-IL .. Madison, IL ........ Alton 171190008 ............................ 0.072 0.072 0.069 0.071 

Maryville 171190009 ...................... 0.075 0.070 0.064 0.069 

Wood River 171193007 ................. 0.069 0.070 0.069 0.069 

5403 State Road 160 171199991 0.071 0.068 0.067 0.068 

Saint Clair, IL ..... East Saint Louis 171630010 .......... 0.066 0.067 0.066 0.066 

Jefferson, MO .... Arnold 290990019 .......................... 0.069 0.072 0.069 0.070 

Saint Charles, 

MO.

West Alton 291831002 ..................

Orchard Farm 291831004 .............

0.071 

0.071 

0.072 

0.072 

0.070 

0.066 

0.071 

0.069 

Saint Louis, MO Pacific 291890005 .........................

Maryland Heights 291890014 ........

0.067 

0.070 

0.065 

0.072 

0.065 

0.069 

0.065 

0.070 

St. Louis City, 

MO.

St. Louis 295100085 ...................... 0.066 0.066 0.063 0.065 

Cleveland, OH ..... Ashtabula ........... Conneaut 390071001 .................... 0.070 0.069 0.070 0.069 

Cuyahoga .......... 891 E. 152 St. 390350034 ............. 0.069 0.071 0.067 0.069 

E. 14th & Orange 390350060 ........ 0.057 0.066 0.063 0.062 

Berea 390350064 .......................... 0.064 0.059 0.066 0.063 

Mayfield 390355002 ....................... 0.065 0.061 0.072 0.066 

Geauga .............. 13000 Auburn 390550004 ............. 0.065 0.065 0.073 0.067 

Lake ................... Eastlake 390850003 ...................... 0.070 0.075 0.074 0.073 

Painesville 390850007 ................... 0.068 0.062 0.070 0.066 

Lorain ................. Sheffield 390930018 ...................... 0.060 0.067 0.062 0.063 

Medina ............... Ballash Road 391030004 .............. 0.065 0.064 0.063 0.064 

Portage .............. 1570 Ravenna Rd. 391331001 ...... 0.058 0.061 0.064 0.061 

Summit ............... Akron 391530020 ........................... 0.060 0.058 0.065 0.061 

All monitoring sites in the Cleveland 

and St. Louis areas had design values 

less than 0.075 ppm based on the 2013– 

2015 monitoring period. Thus, EPA is 

determining, in accordance with section 

181(b)(2)(A) of the CAA and the 

provisions of the SIP Requirements Rule 

(40 CFR 51.1103), that these areas 

attained the standard by the applicable 

attainment date of July 20, 2016. EPA’s 

determination is based upon three years 

of complete, quality-assured and 

certified data. 

We are publishing this action without 

prior proposal because we view this as 


Lhorne on DSK30JT082PROD with RULES
41446 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations 

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 

each determination if relevant adverse 

written comments are filed. This rule 

will be effective August 26, 2016 

without further notice unless we receive 

relevant adverse written comments by 

July 27, 2016. If we receive such 

comments, we will withdraw this 

action, for any affected area, 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. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that, if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

August 26, 2016. 

IV. Statutory and Executive Order 

Reviews 

Under section 181(b)(2) of the CAA, a 

determination of attainment is a factual 

determination based upon air quality 

considerations. These determinations of 

attainment would, if finalized, result in 

the suspension of certain Federal 

requirements. 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); 

• 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 because it will not 

have a substantial direct effect on any 

Indian reservation land or in any other 

area where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. Determinations of 

attainment do not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because a determination of 

attainment is an action that affects the 

status of a geographical area and does 

not impose any new regulatory 

requirements on tribes, impact any 

existing sources of air pollution on 

tribal lands, nor impair the maintenance 

of ozone national ambient air quality 

standards in tribal lands. 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 26, 2016. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, 

Administrative practice and procedure, 

Air pollution control, Designations and 

classifications, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: June 15, 2016. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

Dated: June 3, 2016. 

Mark Hague, 

Regional Administrator, Region 7. 

Part 52, chapter I, title 40 of Code of 

Federal Regulations 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. Section 52.726 is amended by 

adding paragraph (qq) to read as 

follows: 

§ 52.726 Control strategy: Ozone. 

* * * * * 

(qq) Determination of attainment. As 

required by section 181(b)(2)(A) of the 

Clean Air Act, EPA has determined that 

the St. Louis, MO-IL marginal 2008 

ozone nonattainment area has attained 

the NAAQS by the applicable 

attainment date of July 20, 2016. 

■ 3. Section 52.1342 is amended by 

adding paragraph (d) to read as follows: 

§ 52.1342 Control strategy: Ozone. 

* * * * * 

(d) Determination of attainment. As 

required by section 181(b)(2)(A) of the 

Clean Air Act, EPA has determined that 

the St. Louis, MO-IL marginal 2008 

ozone nonattainment area has attained 


Lhorne on DSK30JT082PROD with RULES
Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations 41447 

the NAAQS by the applicable 

attainment date of July 20, 2016. 

■ 4. Section 52.1885 is amended by 

adding paragraph (oo) to read as 

follows: 

§ 52.1885 Control strategy: Ozone. 

* * * * * 

(oo) Determination of attainment. As 

required by section 181(b)(2)(A) of the 

Clean Air Act, EPA has determined that 

the Cleveland, OH marginal 2008 ozone 

nonattainment area has attained the 

NAAQS by the applicable attainment 

date of July 20, 2016. 

■ 5. Section 52.1892 is amended by 

adding paragraph (g) to read as follows: 

§ 52.1892 Determination of attainment. 

* * * * * 

(g) As required by section 181(b)(2)(A) 

of the Clean Air Act, EPA has 

determined that the Cleveland, OH 

marginal 2008 ozone nonattainment 

area has attained the NAAQS by the 

applicable attainment date of July 20, 

2016. This determination is based on 

complete, quality-assured and certified 

data for the 3-year period 2013–2015. 

[FR Doc. 2016–15050 Filed 6–24–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0366; FRL–9948–21– 

Region 5] 

Air Plan Approval; Minnesota; Sulfur 

Dioxide 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct 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 May 1, 

2015. The revision will consolidate 

existing permanent and enforceable SO2

SIP conditions into the facility’s joint 

Title I/Title V SIP document. This 

action highlights process modifications 

necessary to meet EPA’s Tier 3 gasoline 

sulfur standards; a comprehensive 

monitoring strategy to better quantify 

SO2 emissions from fuel gas-fired 

emission units; a new restrictive flaring 

procedure for refinery process units, 

and other updates and administrative 

changes. This revision results in a 

modeled reduction in SO2 emissions 

from FHR and modeled SO2 ambient air 

concentrations less than half of the 

national ambient air quality standards 

(NAAQS). 

DATES: This direct final rule will be 

effective August 26, 2016, unless EPA 

receives adverse comments by July 27, 

2016. 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–2015–0366 at http://

www.regulations.gov or via email to 

blakley.pamela@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the Web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the ‘‘For Further 

Information Contact’’ section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

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 the background for this action? 

A. EPA’s Tier 3 Gasoline Standards 

B. Administrative Order and Title I SO2

SIP Conditions 

II. What is EPA’s analysis of the SIP revision? 

A. EPA’s Tier 3 Gasoline Standards 

B. Administrative Order and Title I SO2

SIP Conditions 

C. Miscellaneous Revisions 

III. What action is EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

A. EPA’s Tier 3 Gasoline Standards 

On April 28, 2014 (79 FR 23414 and 

amended on April 22, 2016, at 81 FR 

23641), EPA established more stringent 

vehicle emissions standards to reduce 

the sulfur content of gasoline beginning 

January 1, 2017. The Tier 3 gasoline fuel 

standards (Tier 3 standards) will reduce 

both tailpipe and evaporative emissions 

from both new and existing passenger 

cars, light-duty trucks, medium-duty 

passenger vehicles, and some heavyduty vehicles. This will result in 

significant reductions in pollutants such 

as ozone, particulate matter, and air 

toxics across the country and help state 

and local agencies in their efforts to 

attain and maintain health-based 

NAAQS. 

In order to meet the Tier 3 standards, 

FHR plans to increase its use of 

hydrotreating to remove sulfur from 

intermediate fuel products. The 

increased hydrotreating will also 

increase the removal of nitrogen. To 

address the increased removal of 

nitrogen and sulfur, FHR proposes to 

install a process to convert gas 

containing sulfur and nitrogen into a 

salable, non-hazardous, aqueous liquid 

fertilizer: ammonium thiosulfate (ATS). 

B. Administrative Order and Title I SO2

SIP Conditions 

Minnesota also requested EPA’s 

approval of the transfer of Title I SO2

SIP conditions from an Administrative 

Order (Order) into the FHR Title I/Title 

V SO2 SIP document. Until 1990, 

Minnesota Pollution Control Agency 

(MPCA) had placed SIP control 

measures in permits issued to culpable 

sources. In 1990, EPA determined that 

limits in state-issued permits were not 

federally enforceable because the 

permits expired. Subsequently, MPCA 

then issued permanent Orders to 

affected sources in nonattainment areas 

from 1991 to February of 1996. 

In 1995, EPA approved into the 

Minnesota SIP Minnesota’s consolidated 

permitting regulations. (60 FR 21447, 

May 2, 1995). The consolidated 

permitting regulations included 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, in part, as ‘‘any condition 

based on source-specific determination 

of ambient impacts imposed for the 

purpose of achieving or maintaining 

attainment with a national ambient air 


Lhorne on DSK30JT082PROD with RULES