[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