Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Sulfur Dioxide SIP Revision for Marathon Petroleum St. Paul Park, 81471-81474 [2010-32482]

Download as PDF Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations River, extending the entire width of the river between mile markers 0.6 and 0.8 on the Allegheny River. These markings are based on the USACE’s Allegheny River Navigation Charts (Chart 1, January 2004). (b) Periods of Enforcement. This rule will only be enforced from 5:30 p.m. through 6:45 p.m. on December 31, 2010. The Captain of the Port Pittsburgh or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the safety zone as well as any changes in the planned schedule. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port Pittsburgh. (2) Persons or vessels requiring entry into or passage through a safety zone must request permission from the Captain of the Port Pittsburgh or a designated representative. They may be contacted on VHF–FM Channel 13 or 16, or through Coast Guard Sector Ohio Valley at 1–800–253–7465. (3) All persons and vessels shall comply with the instructions of the Captain of the Port Pittsburgh and designated on-scene U.S. Coast Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel includes Commissioned, Warrant, and Petty Officers of the U.S. Coast Guard. Dated: December 6, 2010. R.V. Timme, Commander, U.S. Coast Guard, Captain of the Port Pittsburgh. [FR Doc. 2010–32511 Filed 12–27–10; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2009–0808; FRL–9243–3] Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Sulfur Dioxide SIP Revision for Marathon Petroleum St. Paul Park Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: On October 6, 2009, Minnesota submitted a request for a sulfur dioxide State Implementation Plan revision for Marathon Petroleum in St. Paul Park. This submittal updates the State Implementation Plan to reflect the installation of new boilers and a sulfur recovery unit and changes to three existing heaters. Overall, this srobinson on DSKHWCL6B1PROD with RULES SUMMARY: VerDate Mar<15>2010 20:48 Dec 27, 2010 Jkt 223001 update represents a decrease in sulfur dioxide emissions. EPA is approving these revisions under the Clean Air Act. DATES: This direct final rule will be effective February 28, 2011, unless EPA receives adverse comments by January 27, 2011. 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–2009–0808, by one of the following methods: 1. https://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: aburano.douglas@epa.gov. 3. Fax: (312)408–2279. 4. Mail: Douglas Aburano, Chief, Control Strategies Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: Douglas Aburano, Chief, Control Strategies Section, 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’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 Docket ID No. EPA–R05–OAR–2009– 0808. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// 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 https:// www.regulations.gov or e-mail. The https://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 https:// 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 PO 00000 Frm 00101 Fmt 4700 Sfmt 4700 81471 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 https:// 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 https:// 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 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Mary Portanova, Environmental Engineer, at (312) 353–5954 before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–5954, portanova.mary@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. What has changed in the SIP? III. Air Quality Analysis IV. What action is EPA taking? V. Statutory and Executive Order Reviews I. Background On October 6, 2009, Minnesota submitted a site-specific sulfur dioxide (SO2) State Implementation Plan (SIP) revision request for Marathon Petroleum Co, LLC, (Marathon) in the Saint Paul Park area of Minneapolis-St.Paul, Minnesota. This area had been designated as nonattainment of the SO2 National Ambient Air Quality Standards (NAAQS) in 1979, but was redesignated to attainment for SO2 on May 13, 1997 (62 FR 26230), after meeting the requirements of the Clean Air Act and E:\FR\FM\28DER1.SGM 28DER1 81472 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations srobinson on DSKHWCL6B1PROD with RULES measuring eight quarters of monitored air quality data below the SO2 NAAQS. The October 6, 2009 submittal serves to update the SO2 maintenance plan for St. Paul Park. Minnesota places its SIP conditions in joint Title I/Title V documents, in the form of State Air Emission Permits. The SIP conditions are listed in the State’s documents as Title I conditions, which refers to Title I of the Clean Air Act. The documents also contain Title V permit conditions for the affected facilities. The most recently approved Title I SIP conditions for this Marathon facility (previously known as Marathon Ashland Petroleum LLC) were those which were placed in Minnesota’s Air Emission Permit No. 16300003–003. These SIP conditions were Federally approved into Minnesota’s SO2 SIP on May 20, 2002 (67 FR 35437). The October 6, 2009, SO2 SIP revision request accounts for several changes since 2002 at the Marathon Petroleum refinery, including the installation of a new sulfur recovery unit, physical changes to three existing heaters, and the installation of two new boilers. These changes were set forth in Air Emission Permits 16300003–006 and 16300003–016. The State requested that EPA approve into the SIP only the permit conditions labeled ‘‘Title I Condition: State Implementation Plan for SO2 NAAQS,’’ and remove all nonSIP-related ‘‘Title I Conditions’’ from the SIP. II. What has changed in the SIP? Marathon has planned or implemented several changes to SO2emitting units at the St. Paul Park facility since 2002. The company has installed a new sulfur recovery unit at the facility, made changes to three of its heaters, and installed two new boilers. SIP conditions have been altered to represent these new or modified units. Minnesota’s permit action 16300003– 006, issued November 5, 2002, authorized Marathon to install a new sulfur recovery unit (SRU) and a Shell Claus off-gas treating (SCOT) tail gas unit. Allowable SO2 emissions from the new Number 3 SRU are restricted to 15 lb/hr (on a 3-hour average) and 39 tons per year (tpy). A continuous emissions monitor (CEM) will be used to measure SO2 emissions from the units. Under the same permit action, Marathon made physical changes to two heaters. Changes to the Hot Oil Heater (EU016, 5–34–B–2) only affected its stack dispersion characteristics, but did not change its SO2 emission limit. Changes to the Number 2 Crude Charge Heater (EU006, 5–2–B–3) included the replacement of its burners with low- VerDate Mar<15>2010 18:14 Dec 27, 2010 Jkt 223001 nitrogen oxides burners and the replacement of its convection sections and stack. These changes removed the heater’s ability to burn refinery fuel oil. Permit action 16300003–006 primarily discussed reductions in the emissions of nitrogen oxides from this heater and did not address the effect on SO2 of removing refinery fuel oil. The revised permit allows only natural gas and refinery fuel gas for this heater, but the SO2 limits for the Number 2 Crude Charge Heater remain unchanged at 34 lb/hr and 0.2834 lb/MMBTU. In 2007, Marathon replaced the burner in the Heavy Distillate Hydrotreater Charge Heater (EU017). With the new burner, this heater can no longer combust refinery fuel oil. In permit action 16300003–016, issued on September 11, 2009, EU017 was restricted to natural gas and refinery fuel gas only, and its SO2 SIP emission limit was reduced accordingly, from 66.6 lb/hr to 2.97 lb/hr. This represents a 279 tpy reduction in allowable SO2 emissions. In addition, some former SIP testing and recordkeeping requirements relating to the use of refinery fuel oil have been removed for this heater. Permit action 16300003–016 also allows two new boilers to be installed at the Marathon facility. The new boilers, Boiler 92 (EU092) and Boiler 93 (EU093), are limited to 0.025 lb/MMBtu of SO2, and are only permitted to use natural gas or refinery fuel gas. The new boilers’ 7.2 lb/hr (31.5 tpy) emissions increase will be offset by the shutdown of three other boilers at the facility: Boiler 5 (EU001), Boiler 4 (EU020) and Boiler 6 (EU021). The permit provides that Boilers 4, 5, and 6 must be shut down 180 days after the new boilers begin operating or 60 days after both new boilers achieve maximum operating rate, whichever comes first. Boilers 92 and 93 are not allowed to begin operating until EPA has approved their SIP limits. Boilers 4 and 6 are allowed to use either natural gas, refinery fuel gas, or refinery fuel oil. Boiler 5 can only use natural gas or refinery fuel gas. Their shutdown will bring a 323 tpy reduction in allowable SO2 emissions. III. Air Quality Analysis The SO2 source configuration and emission limit changes in permits 16300003–006 and 16300003–016 were evaluated using air dispersion modeling. Modeling analyses were performed when the Number 3 SRU and Boiler 92 and 93 installations were originally permitted (2002 and 2009). These analyses were submitted as part of the October 6, 2009 SIP revision request. Because EPA’s air quality modeling recommendations have PO 00000 Frm 00102 Fmt 4700 Sfmt 4700 changed since 2002, the analyses were not both performed using the same dispersion model. Modeling for the Number 3 SRU installation and the physical changes to heaters EU006 and EU016 was performed in 2002, using the ISCST3 model, which was the EPArecommended model at the time. The predicted SO2 concentrations for the Marathon facility and neighboring SO2 sources, including a background concentration, were below the SO2 NAAQS. Modeling for the Boiler 92 and 93 installation and the emission limit reductions for heater EU017 was performed in 2009, using the EPA recommended dispersion model, AERMOD, version 07026. This modeling included all sources at the Marathon facility, and served to replace the 2002 modeling analysis. Both the new boilers (EU092 and EU093) and the existing boilers (EU001, EU020, and EU021) were included in the modeling, although Marathon’s permit requires the three existing boilers to be shut down 180 days after the two new boilers begin operating. SO2 emissions from neighboring facilities were also included in the modeling. The 2009 AERMOD dispersion modeling used five years of meteorological data from 1986– 1990. Surface meteorological data was measured at Minneapolis-St. Paul, MN, and upper air data was measured at St. Cloud, MN. The modeling used a receptor grid with 100 meter resolution. The resulting modeled SO2 concentrations, including a representative background SO2 concentration, were below the SO2 NAAQS. On June 22, 2010, EPA published final revisions to the SO2 NAAQS, which added a one-hour standard (75 FR 35520). The SIP actions for the Marathon facility and the accompanying air quality analyses were finalized and the SIP revision request was submitted to EPA before EPA had proposed the new SO2 NAAQS (December 8, 2009; 74 FR 64810). Given the timing of this SIP revision request, and the fact that it represents an overall decrease in SO2 emissions, EPA finds that the October 6, 2009 submittal is complete and will not adversely affect Minnesota’s ability to attain and maintain the one-hour SO2 standard. IV. What action is EPA taking? EPA is approving Minnesota’s October 6, 2009 site-specific SO2 SIP revision request for Marathon Petroleum Co, LLC, in the Saint Paul Park area of Minneapolis-St.Paul, Minnesota. We are publishing this action without prior E:\FR\FM\28DER1.SGM 28DER1 81473 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 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 February 28, 2011 without further notice unless we receive relevant adverse written comments by January 27, 2011. 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 February 28, 2011. 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 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 February 28, 2011. 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 today’s 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, Air pollution control, Incorporation by reference, Reporting and recordkeeping requirements, Sulfur oxides. Dated: December 15, 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 updating the entry for ‘‘Marathon Ashland Petroleum, LLC’’ to read as follows: ■ § 52.1220 * Identification of plan. * * (d) * * * * * EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS srobinson on DSKHWCL6B1PROD with RULES Name of source * Marathon Petroleum, LLC. * VerDate Mar<15>2010 Permit No. * 16300003–016 * 18:14 Dec 27, 2010 State effective date * 09/11/09 * Jkt 223001 PO 00000 EPA approval date Comments * * 12/28/10, [Insert page number where the document begins]. * * Only conditions cited as ‘‘Title I condition: SIP for SO2 NAAQS.’’ * Frm 00103 Fmt 4700 * Sfmt 4700 E:\FR\FM\28DER1.SGM * 28DER1 * 81474 * * Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations * * I. Background * [FR Doc. 2010–32482 Filed 12–27–10; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [WV103–6041; FRL–9240–1] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Update to Materials Incorporated by Reference Environmental Protection Agency (EPA). ACTION: Final rule; administrative change. AGENCY: EPA is updating the materials submitted by West Virginia that are incorporated by reference (IBR) into the State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the West Virginia Department of Environmental Protection and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC and the Regional Office. SUMMARY: Effective Date: This action is effective December 28, 2010. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and Radiation Docket and Information Center, EPA Headquarters Library, Room Number 3334, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC 20460, and NARA. If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566–1742; or NARA. For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. srobinson on DSKHWCL6B1PROD with RULES DATES: FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814–2108 or by e-mail at frankford.harold@epa.gov. SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 18:14 Dec 27, 2010 Jkt 223001 The SIP is a living document which the State revises as necessary to address its unique air pollution problems. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations to make them part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference Federally-approved SIPs as a result of consultations between EPA and the Office of the Federal Register (OFR). The description of the revised SIP document, IBR procedures and ‘‘Identification of plan’’ format are discussed in further detail in the May 22, 1997 Federal Register document. On February 10, 2005 (70 FR 7024), EPA published a Federal Register beginning the new IBR procedure for West Virginia. On February 28, 2007 (72 FR 8903) and February 10, 2009 (74 FR 6542), EPA published updates to the IBR material in West Virginia. Since the publication of the last IBR update, EPA has approved the following regulatory changes to the IBR materials in paragraph 52.2520(c): 1. Addition of Regulation 45 CSR 39. 2. Revisions to the following regulations: 45 CSR 6, 45 CSR 8, 45 CSR 40, and 45 CSR 41. 3. Removal of the following regulations: 45 CSR 1, 45 CSR 9, 45 CSR 12, and 45 CSR 26. II. EPA Action In this document, EPA is doing the following: 1. Announcing the update to the IBR material as of November 1, 2010. 2. Making corrections to the following entries listed in the paragraph 52.2520(c) chart, as described below: a. 45 CSR 6—removing text from the ‘‘Additional explanation/citation at 40 CFR § 52.2565’’ column. b. 45 CSR 7—revising the dates in the State effective date column so that the date format is consistent with that found throughout the paragraph. c. 45 CSR 21—reinstating section 45 CSR 45–21–36, which had been inadvertently removed from this paragraph. On February 1, 1995, (60 FR 6022), EPA approved 45 CSR 21, Section 36 as part of the West Virginia SIP. d. 45 CSR 39—Correcting the regulation title of section 45–39–15 in the ‘‘Title/subject’’ column. e. 45 CSR 41—correcting the regulation title to read ‘‘Control of Annual Sulfur Dioxides Emissions.’’ 3. In paragraph 52.2420(e), correcting the date format in the ‘‘EPA approval date column’’ for the entry entitled PO 00000 Frm 00104 Fmt 4700 Sfmt 4700 ‘‘State of West Virginia Transportation Conformity Requirements.’’ EPA has determined that today’s rule falls under the ‘‘good cause’’ exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding ‘‘good cause,’’ authorizes agencies to dispense with public participation, and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today’s rule simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs. Under section 553 of the APA, an agency may find good cause where procedures are ‘‘impractical, unnecessary, or contrary to the public interest.’’ Public comment is ‘‘unnecessary’’ and ‘‘contrary to the public interest’’ since the codification only reflects existing law. Immediate notice in the CFR benefits the public by removing outdated citations and correcting non-substantive errors in the table entries. III. Statutory and Executive Order Reviews A. General Requirements 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 E:\FR\FM\28DER1.SGM 28DER1

Agencies

[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81471-81474]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32482]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0808; FRL-9243-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Minnesota; Sulfur Dioxide SIP Revision for Marathon Petroleum St. Paul 
Park

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: On October 6, 2009, Minnesota submitted a request for a sulfur 
dioxide State Implementation Plan revision for Marathon Petroleum in 
St. Paul Park. This submittal updates the State Implementation Plan to 
reflect the installation of new boilers and a sulfur recovery unit and 
changes to three existing heaters. Overall, this update represents a 
decrease in sulfur dioxide emissions. EPA is approving these revisions 
under the Clean Air Act.

DATES: This direct final rule will be effective February 28, 2011, 
unless EPA receives adverse comments by January 27, 2011. 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-2009-0808, by one of the following methods:
    1. https://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: aburano.douglas@epa.gov.
    3. Fax: (312)408-2279.
    4. Mail: Douglas Aburano, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Control Strategies 
Section, 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'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 Docket ID No. EPA-R05-OAR-
2009-0808. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://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 https://www.regulations.gov or e-mail. The https://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 https://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 https://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 https://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 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 
holidays. We recommend that you telephone Mary Portanova, Environmental 
Engineer, at (312) 353-5954 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-5954, portanova.mary@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. What has changed in the SIP?
III. Air Quality Analysis
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. Background

    On October 6, 2009, Minnesota submitted a site-specific sulfur 
dioxide (SO2) State Implementation Plan (SIP) revision 
request for Marathon Petroleum Co, LLC, (Marathon) in the Saint Paul 
Park area of Minneapolis-St.Paul, Minnesota. This area had been 
designated as nonattainment of the SO2 National Ambient Air 
Quality Standards (NAAQS) in 1979, but was redesignated to attainment 
for SO2 on May 13, 1997 (62 FR 26230), after meeting the 
requirements of the Clean Air Act and

[[Page 81472]]

measuring eight quarters of monitored air quality data below the 
SO2 NAAQS. The October 6, 2009 submittal serves to update 
the SO2 maintenance plan for St. Paul Park.
    Minnesota places its SIP conditions in joint Title I/Title V 
documents, in the form of State Air Emission Permits. The SIP 
conditions are listed in the State's documents as Title I conditions, 
which refers to Title I of the Clean Air Act. The documents also 
contain Title V permit conditions for the affected facilities. The most 
recently approved Title I SIP conditions for this Marathon facility 
(previously known as Marathon Ashland Petroleum LLC) were those which 
were placed in Minnesota's Air Emission Permit No. 16300003-003. These 
SIP conditions were Federally approved into Minnesota's SO2 
SIP on May 20, 2002 (67 FR 35437).
    The October 6, 2009, SO2 SIP revision request accounts 
for several changes since 2002 at the Marathon Petroleum refinery, 
including the installation of a new sulfur recovery unit, physical 
changes to three existing heaters, and the installation of two new 
boilers. These changes were set forth in Air Emission Permits 16300003-
006 and 16300003-016. The State requested that EPA approve into the SIP 
only the permit conditions labeled ``Title I Condition: State 
Implementation Plan for SO2 NAAQS,'' and remove all non-SIP-
related ``Title I Conditions'' from the SIP.

II. What has changed in the SIP?

    Marathon has planned or implemented several changes to 
SO2-emitting units at the St. Paul Park facility since 2002. 
The company has installed a new sulfur recovery unit at the facility, 
made changes to three of its heaters, and installed two new boilers. 
SIP conditions have been altered to represent these new or modified 
units.
    Minnesota's permit action 16300003-006, issued November 5, 2002, 
authorized Marathon to install a new sulfur recovery unit (SRU) and a 
Shell Claus off-gas treating (SCOT) tail gas unit. Allowable 
SO2 emissions from the new Number 3 SRU are restricted to 15 
lb/hr (on a 3-hour average) and 39 tons per year (tpy). A continuous 
emissions monitor (CEM) will be used to measure SO2 
emissions from the units.
    Under the same permit action, Marathon made physical changes to two 
heaters. Changes to the Hot Oil Heater (EU016, 5-34-B-2) only affected 
its stack dispersion characteristics, but did not change its 
SO2 emission limit. Changes to the Number 2 Crude Charge 
Heater (EU006, 5-2-B-3) included the replacement of its burners with 
low-nitrogen oxides burners and the replacement of its convection 
sections and stack. These changes removed the heater's ability to burn 
refinery fuel oil. Permit action 16300003-006 primarily discussed 
reductions in the emissions of nitrogen oxides from this heater and did 
not address the effect on SO2 of removing refinery fuel oil. 
The revised permit allows only natural gas and refinery fuel gas for 
this heater, but the SO2 limits for the Number 2 Crude 
Charge Heater remain unchanged at 34 lb/hr and 0.2834 lb/MMBTU.
    In 2007, Marathon replaced the burner in the Heavy Distillate 
Hydrotreater Charge Heater (EU017). With the new burner, this heater 
can no longer combust refinery fuel oil. In permit action 16300003-016, 
issued on September 11, 2009, EU017 was restricted to natural gas and 
refinery fuel gas only, and its SO2 SIP emission limit was 
reduced accordingly, from 66.6 lb/hr to 2.97 lb/hr. This represents a 
279 tpy reduction in allowable SO2 emissions. In addition, 
some former SIP testing and recordkeeping requirements relating to the 
use of refinery fuel oil have been removed for this heater.
    Permit action 16300003-016 also allows two new boilers to be 
installed at the Marathon facility. The new boilers, Boiler 92 (EU092) 
and Boiler 93 (EU093), are limited to 0.025 lb/MMBtu of SO2, 
and are only permitted to use natural gas or refinery fuel gas. The new 
boilers' 7.2 lb/hr (31.5 tpy) emissions increase will be offset by the 
shutdown of three other boilers at the facility: Boiler 5 (EU001), 
Boiler 4 (EU020) and Boiler 6 (EU021). The permit provides that Boilers 
4, 5, and 6 must be shut down 180 days after the new boilers begin 
operating or 60 days after both new boilers achieve maximum operating 
rate, whichever comes first. Boilers 92 and 93 are not allowed to begin 
operating until EPA has approved their SIP limits. Boilers 4 and 6 are 
allowed to use either natural gas, refinery fuel gas, or refinery fuel 
oil. Boiler 5 can only use natural gas or refinery fuel gas. Their 
shutdown will bring a 323 tpy reduction in allowable SO2 
emissions.

III. Air Quality Analysis

    The SO2 source configuration and emission limit changes 
in permits 16300003-006 and 16300003-016 were evaluated using air 
dispersion modeling. Modeling analyses were performed when the Number 3 
SRU and Boiler 92 and 93 installations were originally permitted (2002 
and 2009). These analyses were submitted as part of the October 6, 2009 
SIP revision request. Because EPA's air quality modeling 
recommendations have changed since 2002, the analyses were not both 
performed using the same dispersion model.
    Modeling for the Number 3 SRU installation and the physical changes 
to heaters EU006 and EU016 was performed in 2002, using the ISCST3 
model, which was the EPA-recommended model at the time. The predicted 
SO2 concentrations for the Marathon facility and neighboring 
SO2 sources, including a background concentration, were 
below the SO2 NAAQS.
    Modeling for the Boiler 92 and 93 installation and the emission 
limit reductions for heater EU017 was performed in 2009, using the EPA 
recommended dispersion model, AERMOD, version 07026. This modeling 
included all sources at the Marathon facility, and served to replace 
the 2002 modeling analysis. Both the new boilers (EU092 and EU093) and 
the existing boilers (EU001, EU020, and EU021) were included in the 
modeling, although Marathon's permit requires the three existing 
boilers to be shut down 180 days after the two new boilers begin 
operating. SO2 emissions from neighboring facilities were 
also included in the modeling. The 2009 AERMOD dispersion modeling used 
five years of meteorological data from 1986-1990. Surface 
meteorological data was measured at Minneapolis-St. Paul, MN, and upper 
air data was measured at St. Cloud, MN. The modeling used a receptor 
grid with 100 meter resolution. The resulting modeled SO2 
concentrations, including a representative background SO2 
concentration, were below the SO2 NAAQS.
    On June 22, 2010, EPA published final revisions to the 
SO2 NAAQS, which added a one-hour standard (75 FR 35520). 
The SIP actions for the Marathon facility and the accompanying air 
quality analyses were finalized and the SIP revision request was 
submitted to EPA before EPA had proposed the new SO2 NAAQS 
(December 8, 2009; 74 FR 64810). Given the timing of this SIP revision 
request, and the fact that it represents an overall decrease in 
SO2 emissions, EPA finds that the October 6, 2009 submittal 
is complete and will not adversely affect Minnesota's ability to attain 
and maintain the one-hour SO2 standard.

IV. What action is EPA taking?

    EPA is approving Minnesota's October 6, 2009 site-specific 
SO2 SIP revision request for Marathon Petroleum Co, LLC, in 
the Saint Paul Park area of Minneapolis-St.Paul, Minnesota. We are 
publishing this action without prior

[[Page 81473]]

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 February 28, 2011 without further notice unless we receive 
relevant adverse written comments by January 27, 2011. 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 February 28, 2011.

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 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 February 28, 2011. 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 today's 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, Air pollution control, Incorporation by 
reference, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: December 15, 2010.
Susan Hedman,
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:

    Authority: 42 U.S.C. 7401 et seq.

Subpart Y--Minnesota

0
2. In Sec.  52.1220 the table in paragraph (d) is amended by updating 
the entry for ``Marathon Ashland Petroleum, LLC'' to read as follows:


Sec.  52.1220  Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved Minnesota Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
                                                    State effective
       Name of source             Permit No.             date           EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Marathon Petroleum, LLC.....        16300003-016            09/11/09  12/28/10, [Insert     Only conditions
                                                                       page number where     cited as ``Title I
                                                                       the document          condition: SIP for
                                                                       begins].              SO2 NAAQS.''
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 81474]]

* * * * *
[FR Doc. 2010-32482 Filed 12-27-10; 8:45 am]
BILLING CODE 6560-50-P
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