Approval and Promulgation of Air Quality Implementation Plans; Minnesota; Flint Hills Resources Pine Bend, 28501-28503 [2013-11477]
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TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Rules and Regulations
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 15, 2013. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
VerDate Mar<15>2010
17:29 May 14, 2013
Jkt 229001
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, Intergovernmental relations,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
Dated: April 30, 2013.
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.
2. Section 52.1885 is amended by
adding paragraph (ff)(14) to read as
follows:
■
§ 52.1885
Control Strategy: Ozone.
*
*
*
*
*
(ff) * * *
(14) Approval—On December 7, 2012,
Ohio submitted a request to revise the
approved MOBILE6.2 motor vehicle
emission budgets (budgets) in the 1997
8-hour ozone maintenance plan for the
Canton-Massillon, Ohio area. The
budgets are being revised with budgets
developed with the MOVES2010a
model. The 2009 motor vehicle
emissions budgets for the CantonMassillon, Ohio area are 19.17 tpd VOC
and 28.36 tpd NOX. The 2018 motor
vehicle emissions budgets for the
Canton-Massillon, Ohio area are 9.02
tpd VOC and 11.37 tpd NOX.
*
*
*
*
*
[FR Doc. 2013–11450 Filed 5–14–13; 8:45 am]
BILLING CODE 6560–50–P
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28501
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0328; FRL–9811–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Minnesota; Flint Hills Resources Pine
Bend
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving Minnesota’s
August 29, 2011, request to revise its
sulfur dioxide (SO2) state
implementation plan (SIP) for Flint
Hills Resources Pine Bend, LLC (FHR
Pine Bend), in Dakota County. The
facility is shutting down an incinerator
and rerouting process gases to address a
safety issue. The revised SIP also
includes other emission reductions.
This revision will result in a decrease in
SO2 emissions. EPA published a direct
final approval of this SIP revision
request on January 31, 2013, but
received an adverse comment and
therefore withdrew the approval. EPA is
hereby addressing the comment and
taking final action on Minnesota’s
August 29, 2011, submittal.
DATES: This rule is effective June 14,
2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification EPA–R05–OAR–2011–
0328. All documents in these dockets
are listed on the www.regulations.gov
Web site. 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 U.S. 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 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.
SUMMARY:
E:\FR\FM\15MYR1.SGM
15MYR1
28502
Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
II. What is EPA’s response to comments?
III. Final Action
IV. Statutory and Executive Order Reviews
TKELLEY on DSK3SPTVN1PROD with RULES
I. What is the background for this
action?
On August 29, 2011, Minnesota
submitted a request to EPA to revise its
SO2 SIP for the FHR Pine Bend oil
refinery in Rosemount, Dakota County.
FHR Pine Bend is making modifications
to its facility to address plant safety and
improve energy efficiency. The facility
will remove its Merox process
incinerator, reroute process gases to an
existing heater, take additional
restrictions on steam-air decoking
activities for certain boilers, revise the
SO2 emission limits for its fluid
catalytic cracking unit, and make plans
to add a boiler. See the January 31,
2013, direct final approval (78 FR 6733)
for additional information. Overall, the
August 29, 2011, SIP revision provides
for a reduction in SO2 emissions of over
3100 tons per year. EPA’s January 31,
2013, direct final action approving
Minnesota’s SIP revision request
received one adverse public comment,
so EPA withdrew the final action on
March 26, 2013 (78 FR 18241).
II. What is EPA’s Response to
Comments?
EPA received one comment during
the public comment period for the
January 31, 2013, rulemaking. A
summary of the comment and EPA’s
response are provided below.
Comment: The commenter objects to
the FHR Pine Bend SIP amendment
because of concerns that SO2 emissions
are grossly underestimated when only
fuel gas hydrogen sulfide (H2S) is used
to determine compliance with SO2
emission limits, because there are other
sulfur compounds in fuel gas that also
contribute to SO2 emissions. The
commenter recommends that SO2
continuous emissions monitors (CEMs)
be installed on all fuel gas sources at
FHR Pine Bend, including the new
boiler.
Response: The gas combustion units
at FHR Pine Bend are fueled by natural
gas and/or refinery fuel gas. Natural gas
contains very little sulfur. Refinery fuel
gas may contain sulfur compounds. At
FHR Pine Bend, refinery fuel gas is
generated by the facility’s processes and
collected into two fuel gas mix drums,
designated 41V–33 and 45V–39. The
gases are then distributed from these
VerDate Mar<15>2010
16:26 May 14, 2013
Jkt 229001
mix drums to combustion units at the
facility, such as boilers and heaters.
FHR Pine Bend operates H2S CEMs on
the mix drums to satisfy the
requirements of the New Source
Performance Standards (40 CFR part 60,
subparts J and Ja). The 41V–33 mix
drum receives gases which contain H2S,
but do not contain a large concentration
of other sulfur compounds. FHR Pine
Bend operates a CEM which measures
total sulfur in the 41V–33 mix drum
gases. The 45V–39 mix drum receives
gases from different processes, and these
gases may contain sulfur compounds
other than H2S. FHR Pine Bend uses
stack SO2 CEMs and fuel flow meters at
two representative heaters fired with
gases from the 45V–39 mix drum to
determine the sulfur content of the fuel
gases for SO2 compliance calculations.
The SO2 emissions from FHR Pine
Bend’s gas-fired combustion sources are
calculated using the CEM data for the
mix drum gas stream which supplies
them. For the Merox off-gas incinerator,
FHR Pine Bend uses a CEM that directly
measures the incinerator’s SO2
emissions. This SO2 CEM will be moved
to the 31H–2 process heater when the
Merox off-gas stream is directed to that
heater. Data from the CEM will be used
to determine compliance with the SO2
SIP emission limits at the 31H–2 heater.
In a letter to EPA dated March 15, 2013,
FHR Pine Bend explained its
continuous emissions monitoring
methods for sulfur and confirmed that it
is already required to continuously
measure the sulfur in the refinery fuel
gas it combusts, and that its SO2
emissions calculations account for the
different sulfur compounds present in
the gas. Therefore, EPA is satisfied that
FHR Pine Bend is correctly measuring
its sulfur emissions and is already
performing the continuous SO2
monitoring that the commenter expects.
III. Final Action
EPA is approving Minnesota’s August
29, 2011, request to revise its SO2 SIP
for FHR Pine Bend, in Dakota County.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the CAA 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 CAA. Accordingly,
this action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
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 CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications 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
E:\FR\FM\15MYR1.SGM
15MYR1
28503
Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Rules and Regulations
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 15, 2013. 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. 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,
Sulfur oxides.
Dated: April 29, 2013.
Susan Hedman,
Regional Administrator, Region 5.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1220, the table in paragraph
(d) is amended by revising the entry for
‘‘Flint Hills Resources, L.P. (formerly
Koch Petroleum)’’ to read as follows:
■
§ 52.1220
*
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
(d) * * *
*
*
EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS
Name of source
*
*
Flint Hills Resources Pine Bend,
LLC.
*
*
*
*
*
BILLING CODE 6560–50–P
*
05/15/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS].
*
*
Amendment Nine to Findings and
Order.
*
*
This direct final rule will be
effective July 15, 2013, unless EPA
receives adverse comments by June 14,
2013. 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.
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2013–0021 and EPA–R05–
OAR–2013–0022: FRL–9812–4]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Lake and Porter Counties, Indiana,
1997 8-Hour Ozone Maintenance Plan
and 1997 Annual Fine Particulate
Matter Maintenance Plan Revision to
Approved Motor Vehicle Emissions
Budgets
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving Indiana’s
request to revise the Lake and Porter
Counties State Implementation Plans
(SIPs) for the 1997 8-hour ozone
standard, and the 1997 annual fine
particulate matter (PM2.5) standard to
replace the previously approved motor
vehicle emissions budgets (budgets)
with budgets developed using EPA’s
Motor Vehicle Emissions Simulator
(MOVES) 2010a emissions model. The
Indiana Department of Environmental
Management (IDEM) submitted these
SUMMARY:
TKELLEY on DSK3SPTVN1PROD with RULES
Comments
requests to EPA with submittal letters
dated February 1, 2013.
*
16:26 May 14, 2013
*
*
[FR Doc. 2013–11477 Filed 5–14–13; 8:45 am]
VerDate Mar<15>2010
EPA approval date
08/29/11
*
*
State
effective
date
Permit No.
Jkt 229001
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2013–0021 and EPA–R05–OAR–
0022, by one of the following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
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 official hours of
business are Monday through Friday,
ADDRESSES:
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
*
*
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2013–
0021 for ozone or EPA–R05–OAR–0022
for PM2.5. 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 email. 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 email
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
E:\FR\FM\15MYR1.SGM
15MYR1
]]>Agencies
[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Rules and Regulations]
[Pages 28501-28503]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11477]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2011-0328; FRL-9811-7]
Approval and Promulgation of Air Quality Implementation Plans;
Minnesota; Flint Hills Resources Pine Bend
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving Minnesota's August 29, 2011, request to
revise its sulfur dioxide (SO2) state implementation plan
(SIP) for Flint Hills Resources Pine Bend, LLC (FHR Pine Bend), in
Dakota County. The facility is shutting down an incinerator and
rerouting process gases to address a safety issue. The revised SIP also
includes other emission reductions. This revision will result in a
decrease in SO2 emissions. EPA published a direct final
approval of this SIP revision request on January 31, 2013, but received
an adverse comment and therefore withdrew the approval. EPA is hereby
addressing the comment and taking final action on Minnesota's August
29, 2011, submittal.
DATES: This rule is effective June 14, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification EPA-R05-OAR-2011-0328. All documents in these dockets
are listed on the www.regulations.gov Web site. 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 U.S.
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 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.
[[Page 28502]]
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What is the background for this action?
II. What is EPA's response to comments?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What is the background for this action?
On August 29, 2011, Minnesota submitted a request to EPA to revise
its SO2 SIP for the FHR Pine Bend oil refinery in Rosemount,
Dakota County. FHR Pine Bend is making modifications to its facility to
address plant safety and improve energy efficiency. The facility will
remove its Merox process incinerator, reroute process gases to an
existing heater, take additional restrictions on steam-air decoking
activities for certain boilers, revise the SO2 emission
limits for its fluid catalytic cracking unit, and make plans to add a
boiler. See the January 31, 2013, direct final approval (78 FR 6733)
for additional information. Overall, the August 29, 2011, SIP revision
provides for a reduction in SO2 emissions of over 3100 tons
per year. EPA's January 31, 2013, direct final action approving
Minnesota's SIP revision request received one adverse public comment,
so EPA withdrew the final action on March 26, 2013 (78 FR 18241).
II. What is EPA's Response to Comments?
EPA received one comment during the public comment period for the
January 31, 2013, rulemaking. A summary of the comment and EPA's
response are provided below.
Comment: The commenter objects to the FHR Pine Bend SIP amendment
because of concerns that SO2 emissions are grossly
underestimated when only fuel gas hydrogen sulfide (H2S) is
used to determine compliance with SO2 emission limits,
because there are other sulfur compounds in fuel gas that also
contribute to SO2 emissions. The commenter recommends that
SO2 continuous emissions monitors (CEMs) be installed on all
fuel gas sources at FHR Pine Bend, including the new boiler.
Response: The gas combustion units at FHR Pine Bend are fueled by
natural gas and/or refinery fuel gas. Natural gas contains very little
sulfur. Refinery fuel gas may contain sulfur compounds. At FHR Pine
Bend, refinery fuel gas is generated by the facility's processes and
collected into two fuel gas mix drums, designated 41V-33 and 45V-39.
The gases are then distributed from these mix drums to combustion units
at the facility, such as boilers and heaters. FHR Pine Bend operates
H2S CEMs on the mix drums to satisfy the requirements of the
New Source Performance Standards (40 CFR part 60, subparts J and Ja).
The 41V-33 mix drum receives gases which contain H2S, but do
not contain a large concentration of other sulfur compounds. FHR Pine
Bend operates a CEM which measures total sulfur in the 41V-33 mix drum
gases. The 45V-39 mix drum receives gases from different processes, and
these gases may contain sulfur compounds other than H2S. FHR
Pine Bend uses stack SO2 CEMs and fuel flow meters at two
representative heaters fired with gases from the 45V-39 mix drum to
determine the sulfur content of the fuel gases for SO2
compliance calculations. The SO2 emissions from FHR Pine
Bend's gas-fired combustion sources are calculated using the CEM data
for the mix drum gas stream which supplies them. For the Merox off-gas
incinerator, FHR Pine Bend uses a CEM that directly measures the
incinerator's SO2 emissions. This SO2 CEM will be
moved to the 31H-2 process heater when the Merox off-gas stream is
directed to that heater. Data from the CEM will be used to determine
compliance with the SO2 SIP emission limits at the 31H-2
heater. In a letter to EPA dated March 15, 2013, FHR Pine Bend
explained its continuous emissions monitoring methods for sulfur and
confirmed that it is already required to continuously measure the
sulfur in the refinery fuel gas it combusts, and that its
SO2 emissions calculations account for the different sulfur
compounds present in the gas. Therefore, EPA is satisfied that FHR Pine
Bend is correctly measuring its sulfur emissions and is already
performing the continuous SO2 monitoring that the commenter
expects.
III. Final Action
EPA is approving Minnesota's August 29, 2011, request to revise its
SO2 SIP for FHR Pine Bend, in Dakota County.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
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 CAA. 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 CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications 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
[[Page 28503]]
the Federal Register. A major rule cannot take effect until 60 days
after it is published in the Federal Register. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 15, 2013. 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. 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, Sulfur oxides.
Dated: April 29, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1220, the table in paragraph (d) is amended by revising
the entry for ``Flint Hills Resources, L.P. (formerly Koch Petroleum)''
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 Pine Bend, ............... 08/29/11 05/15/13, [INSERT Amendment Nine to
LLC. PAGE NUMBER WHERE Findings and Order.
THE DOCUMENT
BEGINS].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-11477 Filed 5-14-13; 8:45 am]
BILLING CODE 6560-50-P
