Approval and Promulgation of Air Quality Implementation Plans; Minnesota, 17461-17463 [E7-6619]

Download as PDF Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2006–0772; FRL–8296–2] Approval and Promulgation of Air Quality Implementation Plans; Minnesota Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: EPA is proposing to approve revisions to the Minnesota State Implementation Plan (SIP) for sulfur dioxide (SO2). Specifically, the revisions involve Flint Hills Resources, L.P. (Flint Hills) of Dakota County, Minnesota. In these revisions, Flint Hills is expanding operations at its petroleum refinery. To account for the increased SO2 emissions from the expansion, Flint Hills is closing its sulfuric acid plant. An analysis of the revisions shows that the area air quality will be protected. Minnesota has also included additional monitoring requirements in the revisions. Comments must be received on or before May 9, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2006–0772, by one of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: mooney.john@epa.gov. • Fax: (312)886–5824. • Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch, (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. • Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 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 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–2006– 0772. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless rwilkins on PROD1PC63 with PROPOSAL DATES: VerDate Aug<31>2005 17:56 Apr 06, 2007 Jkt 211001 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 www.regulations.gov or e-mail. The 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 www.regulations.gov your email 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 this document. Docket: All documents in the docket are listed in the 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 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 legal holidays. We recommend that you telephone Matt Rau, Environmental Engineer, at (312) 886–6524 before visiting the Region 5 office. Matt Rau, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6524, rau.matthew@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 17461 EPA. This supplementary information section is arranged as follows: I. What Should I Consider as I Prepare My Comments for EPA? II. What Is EPA Proposing? III. What Is the Background for This Action? IV. What Is EPA’s Analysis of the State Submission? V. What Are the Environmental Effects of This Action? VI. What Action Is EPA Taking? VII. Statutory and Executive Order Reviews I. What Should I Consider as I Prepare My Comments for EPA? When submitting comments, remember to: 1. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). 2. Follow directions—The EPA may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. 3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. 4. Describe any assumptions and provide any technical information and/ or data that you used. 5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. 6. Provide specific examples to illustrate your concerns, and suggest alternatives. 7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. 8. Make sure to submit your comments by the comment period deadline identified. II. What Is EPA Proposing? EPA is proposing approval of revisions to SO2 emission limits at the Flint Hills facility. Minnesota submitted its Findings and Order Amendment Eight on July 24, 2006. Flint Hills is expanding operations at its petroleum refinery. This expansion includes adding a new heater, emissions unit 25H–4. Modifications to two heaters, 25H–1 and 25H–3, are also allowed. Potential SO2 emissions from the new heater and the two modified heaters are restricted by the 878 tons per year facility-wide limit on fuel gas combustion units. Minnesota is also requiring Flint Hills to install a continuous monitor on either the fuel gas from the 45 mix drum or the heater firing that fuel gas. The monitor will measure reduced sulfur in the fuel gas or SO2 emissions exhausting from the heater. E:\FR\FM\09APP1.SGM 09APP1 17462 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules III. What Is the Background for This Action? Flint Hills operates a petroleum refinery in the Minneapolis-Saint Paul metropolitan area. Flint Hills is expanding its crude oil processing operations. The expansion will increase the crude oil unit’s gasoline production capacity from 100,000 to 150,000 barrels per day. Minnesota amended its Findings and Order to allow the revisions necessary for the expansion. This is the eighth amendment to the Flint Hills Findings and Order. Minnesota held a public hearing regarding Findings and Order Amendment Eight on May 25, 2006. No comments on the Flint Hills revisions were received at the public meeting or during the 30-day public comment period. IV. What Is EPA’s Analysis of the State Submission? Minnesota included air dispersion modeling results in its submission. The modeling analysis includes all Flint Hills SO2 emissions sources, including the additional and modified sources. Other significant SO2 sources in the area were also included. The modeling analysis examined the impact of the revisions on the SO2 air quality standards. The primary SO2 National Ambient Air Quality Standard (NAAQS) has both an annual and 24-hour averaging period. The secondary NAAQS has a 3-hour averaging period. Flint Hills used the ISCST3 dispersion model in the regulatory mode. Five years of surface meteorological data from the Minneapolis-Saint Paul International Airport and upper air data from Saint Cloud were used. Building downwash effects from the new and existing structures were accounted for in the modeling. The analysis found that the predicted annual SO2 concentration is 38.5 µg/m3 compared to the standard of 80 µg/m3. The modeled 24-hour level of 266.8 µg/m3 is under the 365 µg/m3 NAAQS. Similarly, the predicted 3-hour average is 726.2 µg/m3 which is under the secondary standard of 1300 µg/m3. rwilkins on PROD1PC63 with PROPOSAL V. What Are the Environmental Effects of This Action? 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 VerDate Aug<31>2005 17:56 Apr 06, 2007 Jkt 211001 monuments. Sulfur dioxide also causes the loss of chloroform leading to vegetation damage. The expansion of the Flint Hills facility includes an additional source and revised limits on several sources that results in higher SO2 emissions. The projected increase in SO2 emissions from this project is 315 tons per year. However, overall SO2 emissions from Flint Hills have been reduced. When considering all sources at the facility there is no increase in SO2 emissions, in fact there is a projected decrease of 99.6 tons per year. Therefore, the ‘‘net emissions increase’’ is below the Prevention of Significant Deterioration (PSD) significant threshold for SO2 of 40 tons per year. This project is not subject to PSD requirements. The effects of the expansion were analyzed. Both the projected SO2 emissions from the Flint Hills facility and the reductions from other area facilities were considered. That analysis showed that the maximum predicted ambient SO2 concentrations are below the primary and secondary NAAQS. This indicates that public health and welfare in Dakota County, Minnesota should be protected. The additional monitoring requirements placed on the heater combusting the fuel gas from the 45 mix drum will also help protect the air quality. VI. What Action Is EPA Taking? EPA is proposing to approve revisions to SO2 emissions regulations for Flint Hills Resources, L.P. of Dakota County, Minnesota. The revisions authorize adding a new heater, modifying two heaters, and additional monitoring. VII. Statutory and Executive Order Reviews Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, September 30, 1993), this action is not a ‘‘significant regulatory action’’ and, therefore, is not subject to review by the Office of Management and Budget. Paperwork Reduction Act This proposed 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.). Regulatory Flexibility Act This proposed action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 proposed 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 proposes to approve 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 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 proposes to approve 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 13175: Consultation and Coordination With Indian Tribal Governments This proposed 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 (65 FR 67249, November 9, 2000). Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This proposed 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. 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 regulatory action,’’ this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, E:\FR\FM\09APP1.SGM 09APP1 Federal Register / Vol. 72, No. 67 / Monday, April 9, 2007 / Proposed Rules Distribution, or Use’’ (66 FR 28355, May 22, 2001). National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use technical standards that are developed or adopted by voluntary consensus to carry out policy objectives, so long as such standards are not inconsistent with applicable law or otherwise impractical. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Absent a prior existing requirement for the state to use voluntary consensus standards, EPA has no authority to disapprove a SIP submission for failure to use such standards, and it would thus be inconsistent with applicable law for EPA to use voluntary consensus standards in place of a program submission that otherwise satisfies the provisions of the Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA do not apply. 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: March 19, 2007. Bharat Mathur, Acting Regional Administrator, Region 5. [FR Doc. E7–6619 Filed 4–6–07; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–B–7713] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. rwilkins on PROD1PC63 with PROPOSAL AGENCY: VerDate Aug<31>2005 17:56 Apr 06, 2007 Jkt 211001 ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 17463 insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. National Environmental Policy Act. This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Regulatory Classification. This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This proposed rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: E:\FR\FM\09APP1.SGM 09APP1

Agencies

[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Proposed Rules]
[Pages 17461-17463]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6619]



[[Page 17461]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0772; FRL-8296-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Minnesota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to the Minnesota State 
Implementation Plan (SIP) for sulfur dioxide (SO2). 
Specifically, the revisions involve Flint Hills Resources, L.P. (Flint 
Hills) of Dakota County, Minnesota. In these revisions, Flint Hills is 
expanding operations at its petroleum refinery. To account for the 
increased SO2 emissions from the expansion, Flint Hills is 
closing its sulfuric acid plant. An analysis of the revisions shows 
that the area air quality will be protected. Minnesota has also 
included additional monitoring requirements in the revisions.

DATES: Comments must be received on or before May 9, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0772, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: mooney.john@epa.gov.
     Fax: (312)886-5824.
     Mail: John M. Mooney, Chief, Criteria Pollutant Section, 
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77 
West Jackson Boulevard, Chicago, Illinois 60604.
     Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
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 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-
2006-0772. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or e-mail. 
The 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 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. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
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 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 legal holidays. We 
recommend that you telephone Matt Rau, Environmental Engineer, at (312) 
886-6524 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, rau.matthew@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 Should I Consider as I Prepare My Comments for EPA?
II. What Is EPA Proposing?
III. What Is the Background for This Action?
IV. What Is EPA's Analysis of the State Submission?
V. What Are the Environmental Effects of This Action?
VI. What Action Is EPA Taking?
VII. Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare My Comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. What Is EPA Proposing?

    EPA is proposing approval of revisions to SO2 emission 
limits at the Flint Hills facility. Minnesota submitted its Findings 
and Order Amendment Eight on July 24, 2006. Flint Hills is expanding 
operations at its petroleum refinery. This expansion includes adding a 
new heater, emissions unit 25H-4. Modifications to two heaters, 25H-1 
and 25H-3, are also allowed. Potential SO2 emissions from 
the new heater and the two modified heaters are restricted by the 878 
tons per year facility-wide limit on fuel gas combustion units.
    Minnesota is also requiring Flint Hills to install a continuous 
monitor on either the fuel gas from the 45 mix drum or the heater 
firing that fuel gas. The monitor will measure reduced sulfur in the 
fuel gas or SO2 emissions exhausting from the heater.

[[Page 17462]]

III. What Is the Background for This Action?

    Flint Hills operates a petroleum refinery in the Minneapolis-Saint 
Paul metropolitan area. Flint Hills is expanding its crude oil 
processing operations. The expansion will increase the crude oil unit's 
gasoline production capacity from 100,000 to 150,000 barrels per day. 
Minnesota amended its Findings and Order to allow the revisions 
necessary for the expansion. This is the eighth amendment to the Flint 
Hills Findings and Order.
    Minnesota held a public hearing regarding Findings and Order 
Amendment Eight on May 25, 2006. No comments on the Flint Hills 
revisions were received at the public meeting or during the 30-day 
public comment period.

IV. What Is EPA's Analysis of the State Submission?

    Minnesota included air dispersion modeling results in its 
submission. The modeling analysis includes all Flint Hills 
SO2 emissions sources, including the additional and modified 
sources. Other significant SO2 sources in the area were also 
included. The modeling analysis examined the impact of the revisions on 
the SO2 air quality standards. The primary SO2 
National Ambient Air Quality Standard (NAAQS) has both an annual and 
24-hour averaging period. The secondary NAAQS has a 3-hour averaging 
period.
    Flint Hills used the ISCST3 dispersion model in the regulatory 
mode. Five years of surface meteorological data from the Minneapolis-
Saint Paul International Airport and upper air data from Saint Cloud 
were used. Building downwash effects from the new and existing 
structures were accounted for in the modeling. The analysis found that 
the predicted annual SO2 concentration is 38.5 [mu]g/m\3\ 
compared to the standard of 80 [mu]g/m\3\. The modeled 24-hour level of 
266.8 [mu]g/m\3\ is under the 365 [mu]g/m\3\ NAAQS. Similarly, the 
predicted 3-hour average is 726.2 [mu]g/m\3\ which is under the 
secondary standard of 1300 [mu]g/m\3\.

V. What Are the Environmental Effects of This Action?

    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 expansion of the Flint Hills facility includes an additional 
source and revised limits on several sources that results in higher 
SO2 emissions. The projected increase in SO2 
emissions from this project is 315 tons per year. However, overall 
SO2 emissions from Flint Hills have been reduced. When 
considering all sources at the facility there is no increase in 
SO2 emissions, in fact there is a projected decrease of 99.6 
tons per year. Therefore, the ``net emissions increase'' is below the 
Prevention of Significant Deterioration (PSD) significant threshold for 
SO2 of 40 tons per year. This project is not subject to PSD 
requirements.
    The effects of the expansion were analyzed. Both the projected 
SO2 emissions from the Flint Hills facility and the 
reductions from other area facilities were considered. That analysis 
showed that the maximum predicted ambient SO2 concentrations 
are below the primary and secondary NAAQS. This indicates that public 
health and welfare in Dakota County, Minnesota should be protected. The 
additional monitoring requirements placed on the heater combusting the 
fuel gas from the 45 mix drum will also help protect the air quality.

VI. What Action Is EPA Taking?

    EPA is proposing to approve revisions to SO2 emissions 
regulations for Flint Hills Resources, L.P. of Dakota County, 
Minnesota. The revisions authorize adding a new heater, modifying two 
heaters, and additional monitoring.

VII. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, September 30, 1993), this 
action is not a ``significant regulatory action'' and, therefore, is 
not subject to review by the Office of Management and Budget.

Paperwork Reduction Act

    This proposed 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.).

Regulatory Flexibility Act

    This proposed action merely proposes to approve state law as 
meeting Federal requirements and imposes no additional requirements 
beyond those imposed by state law. Accordingly, the Administrator 
certifies that this proposed 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 proposes to approve 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 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 proposes to approve 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 13175: Consultation and Coordination With Indian Tribal 
Governments

    This proposed 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 (65 FR 67249, November 9, 2000).

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

    This proposed 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.

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 regulatory action,'' this 
action is also not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply,

[[Page 17463]]

Distribution, or Use'' (66 FR 28355, May 22, 2001).

National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use 
technical standards that are developed or adopted by voluntary 
consensus to carry out policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impractical. In 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. Absent a 
prior existing requirement for the state to use voluntary consensus 
standards, EPA has no authority to disapprove a SIP submission for 
failure to use such standards, and it would thus be inconsistent with 
applicable law for EPA to use voluntary consensus standards in place of 
a program submission that otherwise satisfies the provisions of the 
Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA 
do not apply.

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: March 19, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E7-6619 Filed 4-6-07; 8:45 am]
BILLING CODE 6560-50-P
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