Air Plan Approval; Minnesota; Sulfur Dioxide Limits for Saint Paul Park Refining Co. LLC Facility, 16921-16924 [2017-06881]
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Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it 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 June 6, 2017. 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
16921
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,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: March 15, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
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.
Subpart K—Florida
2. In § 52.520, the table in paragraph
(e) is amended by adding the entry
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 2012 Annual PM2.5
NAAQS’’ at the end of the table to read
as follows:
■
§ 52.520
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State effective
date
EPA approval
date
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5
NAAQS.
*
10/15/2015
*
4/7/2017
[FR Doc. 2017–06885 Filed 4–6–17; 8:45 am]
specific state implementation plan (SIP)
revision in Washington County,
Minnesota, for Saint Paul Park Refining
Co. LLC (Saint Paul Park). This revision
includes changes to the ownership and
facility name, removal of the ability to
burn refinery oil, addition of a new unit,
and updates to the modeling parameters
for the facility. EPA is approving the SIP
revision because it meets Clean Air Act
(CAA) section 110(l) requirements.
Provision
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R05–OAR–2015–0844; FRL–9960–88–
Region 5]
Air Plan Approval; Minnesota; Sulfur
Dioxide Limits for Saint Paul Park
Refining Co. LLC Facility
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a site-
SUMMARY:
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Federal Register
notice
Explanation
*
[Insert Federal Register citation].
*
*
With
the
exception
of
section
110(a)(2)(D)(i)(I) and (II) (prongs 1 and
2).
This direct final rule will be
effective June 6, 2017, unless EPA
receives adverse comments by May 8,
2017. 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:
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Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2015–0844 at https://
www.regulations.gov or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
ADDRESSES:
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Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Matt
Rau, Environmental Engineer, Control
Strategies 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:
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I. What is the background for this revision?
II. How is the SIP being revised?
III. What is EPA’s analysis?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is the background for this
revision?
Saint Paul Park operates a petroleum
refinery in Washington County,
Minnesota. The refinery processes crude
oil into various products such as
gasoline, diesel fuel, distillate oils,
asphalt, and sulfur. Saint Paul Park is in
the Minneapolis-Saint Paul, Minnesota
sulfur dioxide (SO2) maintenance area.
This area was designated as
nonattainment for the SO2 National
Ambient Air Quality Standard (NAAQS)
on March 3,1978 (43 FR 8962). EPA
redesignated the area in 1997 to
attainment of the SO2 NAAQS, making
it a maintenance area (May 13, 1997, 62
FR 26230).
EPA previously approved the joint
Title I/Title V document (permit
number 16300003–016) as a SIP revision
on December 28, 2010 (75 FR 81471)
On December 17, 2015, Minnesota
submitted to EPA the joint Title I/Title
V document (permit number 16300003–
021), effective on November 25, 2015, as
a revision to its SIP.
On January 13, 2017, Minnesota
submitted a revised air dispersion
modeling analysis for Saint Paul Park.
The modeling analysis provides insight
into the expected air quality impacts
that result from the revisions at this
facility.
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II. How is the SIP being revised?
The SIP modifications for Saint Paul
Park consist of: (1) An update to the
facility ownership and name, (2)
restricting five combustion units to
burning only natural gas or refinery gas
by removing their ability to burn
refinery oil, (3) an update of the
modeling parameters for the facility,
and (4) the addition of a new unit, the
solvent deasphalting unit (EQUI 323).
First, the facility was previously listed
in the Minnesota SIP as Marathon
Petroleum Company, LLC, and has since
changed its name to Saint Paul Park
Refining Co. LLC. The facility is an
indirect, wholly-owned subsidiary of
Northern Tier Energy, LP.
Second, EPA is approving the removal
of Saint Paul Park’s ability to combust
refinery oil. The five units that
previously could use refinery oil are
now restricted to using refinery gas or
natural gas. Specifically, this applies to
the numbered equipment (EQUI) 1,
EQUI 3, EQUI 6, EQUI 13, and EQUI 15
units. The SO2 emission limits in the
SIP for the five units were reduced to
reflect the potential to emit when using
refinery gas. The revised SO2 limits in
pounds per hour (lb/hr), as a 3-hour
rolling average, are as follows:
• Alkylation Isostripper Reboiler
(EQUI 1) reduced from 64.08 lb/hr to
1.44 lb/hr.
• No. 2 Crude Vacuum Heater (EQUI
3) from 48.60 lb/hr to 2.62 lb/hr.
• No. 1 Crude Charge Heater (EQUI 6)
from 52.20 lb/hr to 2.83 lb/hr.
• Hot Oil Heater (EQUI 13) from
76.50 lb/hr to 2.62 lb/hr.
• SGP Dehexanizer Reboiler (EQUI
15) from 36.0 lb/hr to 1.60 lb/hr.
Revisions to the SO2 limits also
removed the pounds SO2 per million
British thermal units (lbs-SO2/MMBTU)
limitations for all applicable Saint Paul
Park units because they were redundant.
The lbs-SO2/MMBTU emission limits
came from its potential to emit SO2 from
the hydrogen sulfide (H2S) in the fuel.
Thus, the existing H2S concentration
limit caps emissions making a revised
lbs-SO2/MMBTU limit unnecessary.
Third, EPA is approving updated
modeling parameters for Saint Paul Park
because removing the ability to burn
refinery oil changes plume dispersion
characteristics. Also, Boilers 7 and 8
(EQUI 42 and EQUI 43) are more
efficient than presumed in the modeled
design, meaning there is less waste heat
resulting in lower stack gas
temperatures than expected. Thus, the
modeling parameters for Saint Paul Park
have been revised.
Finally, the SIP request for permit
number 16300003–021 allows for the
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installation of a solvent deasphalting
unit, which includes a heater (EQUI
323) fired by refinery gas or natural gas.
This unit is the only new SO2 source,
which has a potential to emit of 0.80 lb
SO2/hr.
III. What is EPA’s analysis?
The SO2 emission limitations being
approved result in a decrease of 1699.59
tons per year, which includes the
installation of a solvent deasphalting
unit. That is a more than 25 percent
reduction in SO2 emission limitations
from 5697.59 to 3998.00 tons per year
(permit number 16300003–016 to
16300003–021).
The modeling analysis Minnesota
provided shows the area expects to
continue to meet the SO2 NAAQS with
the revisions being approved. The
modeling analysis shows the
Minneapolis-Saint Paul maintenance
area expects to continue to meet the SO2
NAAQS. That result is logical, given the
net emissions reduction of the revisions
being approved at Saint Paul Park.
The updated modeling parameters in
the permit were also revised to better
reflect the current operating conditions
at Saint Paul Park. Minnesota will use
the updated modeling parameters to
improve the accuracy of future
modeling.
IV. What action is EPA taking?
EPA is approving revisions to the SO2
limitations at Saint Paul Park in
Washington County, Minnesota, because
they meet CAA section 110(l)
requirements. EPA is approving into the
Minnesota SIP the portions of the joint
Title I/Title V document (permit
number 16300003–021), cited as ‘‘Title
I Condition: 40 CFR 50.4(SO2 SIP), Title
I Condition: 40 CFR pt. 52, subp. Y.’’
This approval replaces the conditions of
Permit Number 16300003–016 as
approved on December 28, 2010 into the
Minnesota SIP. 75 FR 81471.
The revisions include changes to the
ownership and facility name, removal of
the ability to burn refinery oil, addition
of a new unit, and updates to the
modeling parameters for the facility.
These revisions are expected to reduce
potential SO2 emissions from Saint Paul
Park by more than 25 percent.
We are publishing this action without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
state plan if relevant adverse written
comments are filed. This rule will be
effective June 6, 2017 without further
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notice unless we receive relevant
adverse written comments by May 8,
2017. 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. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. If we do not receive any
comments, this action will be effective
June 6, 2017.
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V. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the Minnesota
Regulations described in the
amendments to 40 CFR part 52 set forth
below. Therefore, these materials have
been approved by EPA for inclusion in
the State implementation plan, have
been incorporated by reference by EPA
into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of EPA’s approval, and
will be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
EPA has made, and will continue to
make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
VI. Statutory and Executive Order
Reviews
Under the 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
1 62
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 June 6, 2017. 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, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: March 22, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
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 removing the entry
for ‘‘Marathon Petroleum, LLC’’ and
adding in alphabetical order an entry for
‘‘Saint Paul Park Refining Co., LLC’’.
The addition reads as follows:
■
§ 52.1220
*
Identification of plan.
*
*
(d) * * *
FR 27968 (May 22, 1997).
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Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS
Name of source
*
Saint Paul Park Refining
Co., LLC.
*
16300003–021
*
*
*
State effective
date
Permit No.
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0428; FRL–9960–95–
Region 4]
Air Plan Approval; NC; Infrastructure
Requirements for the 2012 PM2.5
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of the State
Implementation Plan (SIP) submission,
submitted by the State of North
Carolina, through the Department of
Environmental Quality (DEQ), on
December 4, 2015, for inclusion into the
North Carolina SIP, to demonstrate that
the State meets the infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 2012 annual fine
particulate matter (PM2.5) national
ambient air quality standard (NAAQS).
The CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure SIP submission.’’ DEQ
certified that the North Carolina SIP
contains provisions that ensure the 2012
Annual PM2.5 NAAQS is implemented,
enforced, and maintained in North
Carolina. EPA has determined that
portions of North Carolina’s SIP satisfies
certain required infrastructure elements
for the 2012 Annual PM2.5 NAAQS.
DATES: This rule will be effective May 8,
2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2014–0428. All documents in the docket
are listed on the www.regulations.gov
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SUMMARY:
16:35 Apr 06, 2017
*
4/7/2017, [Insert Federal
Register citation].
*
[FR Doc. 2017–06881 Filed 4–6–17; 8:45 am]
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11/25/2015
EPA approval date
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*
Comments
*
*
*
Only conditions cited as ‘‘Title I Condition: 40 CFR
50.4 (SO2 SIP), Title I Condition: 40 CFR pt. 52,
subp. Y’’
*
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms. Bell
can be reached via electronic mail at
bell.tiereny@epa.gov or via telephone at
(404) 562–9088.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 14, 2012, EPA
promulgated a revised primary annual
PM2.5 NAAQS. The standard was
strengthened from 15.0 micrograms per
cubic meter (mg/m3) to 12.0 mg/m3. See
78 FR 3086 (January 15, 2013). Pursuant
to section 110(a)(1) of the CAA, states
are required to submit SIPs meeting the
applicable requirements of section
110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP
elements such as requirements for
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*
*
monitoring, basic program requirements
and legal authority that are designed to
assure attainment and maintenance of
the NAAQS. States were required to
submit such SIPs for the 2012 Annual
PM2.5 NAAQS to EPA no later than
December 14, 2015.
In a proposed rulemaking published
on July 21, 2016 (81 FR 47314), EPA
proposed to approve portions of North
Carolina’s December 4, 2015, SIP
submission for the 2012 Annual PM2.5
NAAQS with the exception of the
interstate transport requirements of
section 110(a)(2)(D)(i)(I) and (II) (prongs
1 through 4) and preconstruction
prevention of significant deterioration
(PSD) permitting requirements for major
sources of section 110(a)(2)(C) and (J).
On September 14, 2016 (81 FR 63107),
EPA finalized approval in part and
disapproval in part of North Carolina’s
December 4, 2015, infrastructure SIP
submission regarding the PSD
permitting requirements for major
sources of sections 110(a)(2)(C), prong 3
of D(i), and (J) for the 2012 Annual
PM2.5 NAAQS. Additionally, on June 3,
2016, EPA finalized a rule related to the
prong 4 element of North Carolina’s
December 4, 2015, SIP submission for
the 2012 Annual PM2.5 NAAQS. See 81
FR 35634. Therefore, EPA is not taking
final action pertaining to sections
110(a)(2)(C), prongs 3 and 4 of D(i) and
(J) for North Carolina for the 2012
Annual PM2.5 NAAQS in this action.
With respect to the interstate transport
requirements of section 110(a)(2)(D)(i)(I)
(prongs 1 and 2), EPA will consider
these requirements in relation to North
Carolina’s 2012 Annual PM2.5 NAAQS
infrastructure submission in a separate
rulemaking. The details of North
Carolina’s submission and the rationale
for EPA’s actions for this final rule are
explained in the July 21, 2016, proposed
rulemaking. Comments on the proposed
rulemaking were due on or before
August 22, 2016. EPA received no
comments, adverse or otherwise.
II. Final Action
EPA is taking final action to approve
North Carolina’s infrastructure
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]]>Agencies
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16921-16924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06881]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2015-0844; FRL-9960-88-Region 5]
Air Plan Approval; Minnesota; Sulfur Dioxide Limits for Saint
Paul Park Refining Co. LLC Facility
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a site-
specific state implementation plan (SIP) revision in Washington County,
Minnesota, for Saint Paul Park Refining Co. LLC (Saint Paul Park). This
revision includes changes to the ownership and facility name, removal
of the ability to burn refinery oil, addition of a new unit, and
updates to the modeling parameters for the facility. EPA is approving
the SIP revision because it meets Clean Air Act (CAA) section 110(l)
requirements.
DATES: This direct final rule will be effective June 6, 2017, unless
EPA receives adverse comments by May 8, 2017. 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-2015-0844 at https://www.regulations.gov or via email to
blakley.pamela@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the
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official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e. on the web, cloud, or
other file sharing system). For additional submission methods, please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section. For the full EPA public comment policy, information about CBI
or multimedia submissions, and general guidance on making effective
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies 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 is the background for this revision?
II. How is the SIP being revised?
III. What is EPA's analysis?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is the background for this revision?
Saint Paul Park operates a petroleum refinery in Washington County,
Minnesota. The refinery processes crude oil into various products such
as gasoline, diesel fuel, distillate oils, asphalt, and sulfur. Saint
Paul Park is in the Minneapolis-Saint Paul, Minnesota sulfur dioxide
(SO2) maintenance area. This area was designated as
nonattainment for the SO2 National Ambient Air Quality
Standard (NAAQS) on March 3,1978 (43 FR 8962). EPA redesignated the
area in 1997 to attainment of the SO2 NAAQS, making it a
maintenance area (May 13, 1997, 62 FR 26230).
EPA previously approved the joint Title I/Title V document (permit
number 16300003-016) as a SIP revision on December 28, 2010 (75 FR
81471)
On December 17, 2015, Minnesota submitted to EPA the joint Title I/
Title V document (permit number 16300003-021), effective on November
25, 2015, as a revision to its SIP.
On January 13, 2017, Minnesota submitted a revised air dispersion
modeling analysis for Saint Paul Park. The modeling analysis provides
insight into the expected air quality impacts that result from the
revisions at this facility.
II. How is the SIP being revised?
The SIP modifications for Saint Paul Park consist of: (1) An update
to the facility ownership and name, (2) restricting five combustion
units to burning only natural gas or refinery gas by removing their
ability to burn refinery oil, (3) an update of the modeling parameters
for the facility, and (4) the addition of a new unit, the solvent
deasphalting unit (EQUI 323).
First, the facility was previously listed in the Minnesota SIP as
Marathon Petroleum Company, LLC, and has since changed its name to
Saint Paul Park Refining Co. LLC. The facility is an indirect, wholly-
owned subsidiary of Northern Tier Energy, LP.
Second, EPA is approving the removal of Saint Paul Park's ability
to combust refinery oil. The five units that previously could use
refinery oil are now restricted to using refinery gas or natural gas.
Specifically, this applies to the numbered equipment (EQUI) 1, EQUI 3,
EQUI 6, EQUI 13, and EQUI 15 units. The SO2 emission limits
in the SIP for the five units were reduced to reflect the potential to
emit when using refinery gas. The revised SO2 limits in
pounds per hour (lb/hr), as a 3-hour rolling average, are as follows:
Alkylation Isostripper Reboiler (EQUI 1) reduced from
64.08 lb/hr to 1.44 lb/hr.
No. 2 Crude Vacuum Heater (EQUI 3) from 48.60 lb/hr to
2.62 lb/hr.
No. 1 Crude Charge Heater (EQUI 6) from 52.20 lb/hr to
2.83 lb/hr.
Hot Oil Heater (EQUI 13) from 76.50 lb/hr to 2.62 lb/hr.
SGP Dehexanizer Reboiler (EQUI 15) from 36.0 lb/hr to 1.60
lb/hr.
Revisions to the SO2 limits also removed the pounds
SO2 per million British thermal units (lbs-SO2/
MMBTU) limitations for all applicable Saint Paul Park units because
they were redundant. The lbs-SO2/MMBTU emission limits came
from its potential to emit SO2 from the hydrogen sulfide
(H2S) in the fuel. Thus, the existing H2S
concentration limit caps emissions making a revised lbs-SO2/
MMBTU limit unnecessary.
Third, EPA is approving updated modeling parameters for Saint Paul
Park because removing the ability to burn refinery oil changes plume
dispersion characteristics. Also, Boilers 7 and 8 (EQUI 42 and EQUI 43)
are more efficient than presumed in the modeled design, meaning there
is less waste heat resulting in lower stack gas temperatures than
expected. Thus, the modeling parameters for Saint Paul Park have been
revised.
Finally, the SIP request for permit number 16300003-021 allows for
the installation of a solvent deasphalting unit, which includes a
heater (EQUI 323) fired by refinery gas or natural gas. This unit is
the only new SO2 source, which has a potential to emit of
0.80 lb SO2/hr.
III. What is EPA's analysis?
The SO2 emission limitations being approved result in a
decrease of 1699.59 tons per year, which includes the installation of a
solvent deasphalting unit. That is a more than 25 percent reduction in
SO2 emission limitations from 5697.59 to 3998.00 tons per
year (permit number 16300003-016 to 16300003-021).
The modeling analysis Minnesota provided shows the area expects to
continue to meet the SO2 NAAQS with the revisions being
approved. The modeling analysis shows the Minneapolis-Saint Paul
maintenance area expects to continue to meet the SO2 NAAQS.
That result is logical, given the net emissions reduction of the
revisions being approved at Saint Paul Park.
The updated modeling parameters in the permit were also revised to
better reflect the current operating conditions at Saint Paul Park.
Minnesota will use the updated modeling parameters to improve the
accuracy of future modeling.
IV. What action is EPA taking?
EPA is approving revisions to the SO2 limitations at
Saint Paul Park in Washington County, Minnesota, because they meet CAA
section 110(l) requirements. EPA is approving into the Minnesota SIP
the portions of the joint Title I/Title V document (permit number
16300003-021), cited as ``Title I Condition: 40 CFR 50.4(SO2
SIP), Title I Condition: 40 CFR pt. 52, subp. Y.'' This approval
replaces the conditions of Permit Number 16300003-016 as approved on
December 28, 2010 into the Minnesota SIP. 75 FR 81471.
The revisions include changes to the ownership and facility name,
removal of the ability to burn refinery oil, addition of a new unit,
and updates to the modeling parameters for the facility. These
revisions are expected to reduce potential SO2 emissions
from Saint Paul Park by more than 25 percent.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
written comments are filed. This rule will be effective June 6, 2017
without further
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notice unless we receive relevant adverse written comments by May 8,
2017. 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. EPA
will not institute a second comment period. Any parties interested in
commenting on this action should do so at this time. Please note that
if EPA receives adverse comment on an amendment, paragraph, or section
of this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment. If we do not receive any
comments, this action will be effective June 6, 2017.
V. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Minnesota
Regulations described in the amendments to 40 CFR part 52 set forth
below. Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference by
the Director of the Federal Register in the next update to the SIP
compilation.\1\ EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
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\1\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews
Under the 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 June 6, 2017. 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, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: March 22, 2017.
Robert A. Kaplan,
Acting 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 removing
the entry for ``Marathon Petroleum, LLC'' and adding in alphabetical
order an entry for ``Saint Paul Park Refining Co., LLC''.
The addition reads as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(d) * * *
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EPA-Approved Minnesota Source-Specific Permits
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State
Name of source Permit No. effective date EPA approval date Comments
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* * * * * * *
Saint Paul Park Refining Co., LLC 16300003-021 11/25/2015 4/7/2017, [Insert Only conditions cited as
Federal Register ``Title I Condition: 40
citation]. CFR 50.4 (SO2 SIP),
Title I Condition: 40
CFR pt. 52, subp. Y''
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[FR Doc. 2017-06881 Filed 4-6-17; 8:45 am]
BILLING CODE 6560-50-P
