[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Rules and Regulations]
[Pages 38025-38028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13060]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2005-MN-0002; FRL-7931-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Minnesota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is approving State Implementation Plan (SIP) revisions 
to the sulfur dioxide (SO2) requirements for Flint Hills 
Resources, L.P. (Flint Hills) of Dakota County, Minnesota. Flint Hills 
operates a Rosemont, Minnesota petroleum refinery. The requested 
revisions will allow the refinery to produce ultra low sulfur diesel 
fuel. This expansion will add five sources and create an increase in 
sulfur dioxide emissions. An analysis of the additional sources was 
conducted. The results show that the air quality of Dakota County will 
remain in compliance of the National Ambient Air Quality Standards 
(NAAQS) for sulfur dioxide.

DATES: This rule is effective on August 30, 2005 unless EPA receives 
adverse written comments by August 1, 2005. If adverse comment is 
received, EPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: Submit comments, identified by Regional Material in E-Docket 
(RME) ID No. R05-OAR-2005-MN-0002 by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web Site: http://docket.epa.gov/rmepub/. RME, EPA's 
electronic public docket and comments system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    E-mail: [email protected].
    Fax: (312) 886-5824.
    Mail: You may send written comments to: John Mooney, Chief, 
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Hand Delivery: Deliver your comments to: John Mooney, Chief, 
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, 
Illinois 60604. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's 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 RME ID No. R05-OAR-2005-MN-
0002. EPA's policy is that all comments received will be included in 
the public docket without change, 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 RME, regulations.gov, 
or e-mail. The EPA RME Web site and the Federal regulations.gov Web 
site are ``anonymous access'' systems, 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 RME or 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. For additional instructions on submitting 
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of 
the related proposed rule which is published in the Proposed Rules 
section of this Federal Register.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Publicly 
available docket materials are available either electronically in RME 
or

[[Page 38026]]

in hard copy at the U.S. Environmental Protection Agency, Region 5, Air 
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
60604. We recommend that you telephone Matt Rau, Environmental 
Engineer, at (312) 886-6524 before visiting the Region 5 office. This 
Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, Telephone: (312) 886-6524, E-Mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' are used we mean EPA.

Table of Contents

I. General Information
    A. Does This Action Apply to Me?
    B. How Can I Get Copies of This Document and Other Related 
Information?
    C. How and to Whom Do I Submit Comments?
II. What is EPA Approving?
III. What are the Changes From the Current Rule?
IV. What is EPA's Analysis of the Supporting Materials?
V. What are the Environmental Effects of These Actions?
VI. What Rulemaking Action is EPA Taking?
VII. Statutory and Executive Order Reviews

I. General Information

A. Does This Action Apply to Me?

    This action applies to a single source, Flint Hills Resources, 
L.P., whose facility is located in Dakota County, Minnesota.

B. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an electronic public 
rulemaking file available for inspection at RME under ID No. R05-OAR-
2005-MN-0002, and a hard copy file which is available for inspection at 
the Regional Office. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include CBI or 
other information whose disclosure is restricted by statute. The 
official public rulemaking file is the collection of materials that is 
available for public viewing at the Air Programs Branch, Air and 
Radiation Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding 
Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 Air Docket R05-OAR-
2005-MN-0002'' in the subject line on the first page of your comment. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    For detailed instructions on submitting public comments and on what 
to consider as you prepare your comments see the ADDRESSES section and 
the section I General Information of the SUPPLEMENTARY INFORMATION 
section of the related proposed rule which is published in the Proposed 
Rules section of this Federal Register.

II. What is EPA Approving?

    EPA is approving revisions to the Minnesota sulfur dioxide SIP for 
the Flint Hills refinery. Flint Hills is installing equipment to begin 
producing ultra low sulfur diesel fuel. It is adding a Hydrocracker 
Charge Heater (unit 29H-1), a Hydrocracker Fractionator Heater (29H-2), 
a charge heater for the 4 Hydrogen Plant (30H-1), an emergency 
diesel generator (EE-29-401), and an emergency diesel powered cooling 
water pump (81P 450) to its refinery.

III. What are the Changes From the Current Rule?

    The new sources at the refinery are for the production of ultra low 
sulfur diesel fuel. Operation of the five additional sources could 
increase the SO2 emissions by 125.7 tons per year (TPY).

IV. What is EPA's Analysis of the Supporting Materials?

    Flint Hills conducted air dispersion modeling to assess the effect 
of its proposed new equipment and operating plan on ambient air 
quality. The modelers used the ISCST3 dispersion model in the 
regulatory default mode, with five years of meteorological data from 
the Minneapolis-St. Paul International Airport. The SO2 
emissions from other nearby companies were included. When the modeling 
was performed, Flint Hills had not finalized the locations of the new 
boilers and heaters. It modeled the new sources concurrently at three 
potential locations, with each source at its full emission rate. The 
modeled results are more conservative because of this multiple 
counting. Flint Hills' proposed revisions include an option of reducing 
the firing duty of some existing heaters and boilers. To conservatively 
account for this possibility, the modeling included those boilers and 
heaters at their current SO2 emission rates, but at reduced 
stack exit velocities representative of their new usage scenario. This 
rulemaking action concerns only the new sources for producing ultra-low 
sulfur diesel. The modeling also includes the impacts from portable 
diesel equipment. The sulfur dioxide emissions from these sources were 
combined and modeled as from an representative average engine located 
near the facility fence line, where previous modeling analyses had 
shown high ambient impacts to occur. This also should produce a 
conservative result. The final results of the Flint Hills modeling, 
including background SO2 concentrations, were below the 3-
hour, 24-hour, and annual SO2 NAAQS. The

[[Page 38027]]

maximum predicted SO2 concentrations, the modeled plus 
background concentrations, are 242 [mu]g/m\3\ compared to the 365 
[mu]g/m\3\ 24-hour standard and 45 [mu]g/m\3\ compared to the 80 [mu]g/
m\3\ annual standard. The maximum predicted 3-hour SO2 
concentration of 688 [mu]g/m\3\ is below the secondary standard of 1300 
[mu]g/m\3\.

V. What are the Environmental Effects of These Actions?

    Sulfur dioxide causes breathing difficulties and aggravation of 
existing cardiovascular disease. It is also a precursor of acid rain 
and fine particulate matter formation. Sulfate particles are a major 
cause of visibility impairment in America. Acid rain damages lakes and 
streams impairing aquatic life and causes damage to buildings, 
sculptures, statues, and monuments. Sulfur dioxide also causes the loss 
of chloroform leading to vegetation damage.
    The addition of the new sources causes this revision to result in a 
higher sulfur dioxide emissions. The effects of the increased emissions 
were analyzed. Analysis showed that the maximum predicted 
SO2 concentrations are below the primary and secondary air 
quality standards. This indicates that public health and welfare in 
Dakota County, Minnesota should be protected.

VI. What Rulemaking Action is EPA Taking?

    EPA is approving, through direct final rulemaking, revisions to 
sulfur dioxide emissions regulations for Flint Hills Resources, L.P. of 
Dakota County, Minnesota.
    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 effective August 30, 2005 
without further notice unless we receive relevant adverse written 
comments by August 1, 2005. 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 August 30, 2005.

VII. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' this action 
is also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it 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).

Executive Order 13175 Consultation and Coordination with Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (59 
FR 22951, November 9, 2000).

Executive Order 13132 Federalism

    This action also does not have Federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely approves a state rule implementing a 
Federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act.

Executive Order 13045 Protection of Children From Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
state to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Congressional Review Act

    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 rule 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).

[[Page 38028]]

    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 August 30, 2005.
    Filing a petition for reconsideration by the Administrator of this 
final rule does not affect the finality of this rule for the purposes 
of judicial review nor does it extend the time within which a petition 
for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. This action may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: June 21, 2005.
Norman Niedergang,
Acting Regional Administrator, Region 5.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

Subpart Y--Minnesota

0
2. In Sec.  52.1220, the table in paragraph (d) is amended by revising 
the entry for ``Flint Hills Resources, L.P.'' to read as follows:


Sec.  52.1220  Identification of plan.

* * * * *
    (d) * * *

                                EPA.--Approved Minnesota Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
                                                     State
        Name of source            Permit No.    effective date         EPA approval date            Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Flint Hills Resources, L.P.     ..............        06/14/04  06/05/03, 68 FR 33631.........  Amendment Seven
 (formerly Koch Petroleum).                                                                      to Findings and
                                                                                                 Order.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 05-13060 Filed 6-30-05; 8:45 am]
BILLING CODE 6560-50-P