82_FR_16987 82 FR 16921 - Air Plan Approval; Minnesota; Sulfur Dioxide Limits for Saint Paul Park Refining Co. LLC Facility

82 FR 16921 - Air Plan Approval; Minnesota; Sulfur Dioxide Limits for Saint Paul Park Refining Co. LLC Facility

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 66 (April 7, 2017)

Page Range16921-16924
FR Document2017-06881

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.

Federal Register, Volume 82 Issue 66 (Friday, April 7, 2017)
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16921-16924]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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 http://www.regulations.gov or via email to 
[email protected]. 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

[[Page 16922]]

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 http://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, [email protected].

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

[[Page 16923]]

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).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

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) * * *

[[Page 16924]]



                                 EPA-Approved Minnesota Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
                                                        State
          Name of source             Permit No.    effective date   EPA approval date           Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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''
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-06881 Filed 4-6-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations                                               16921

                                             affect small governments, as described                  substantial direct costs on tribal                     enforce its requirements. See section
                                             in the Unfunded Mandates Reform Act                     governments or preempt tribal law.                     307(b)(2).
                                             of 1995 (Pub. L. 104–4);                                   The Congressional Review Act, 5
                                                                                                                                                            List of Subjects in 40 CFR Part 52
                                                • Does not have Federalism                           U.S.C. 801 et seq., as added by the Small
                                             implications as specified in Executive                  Business Regulatory Enforcement                          Environmental protection, Air
                                             Order 13132 (64 FR 43255, August 10,                    Fairness Act of 1996, generally provides               pollution control, Incorporation by
                                             1999);                                                  that before a rule may take effect, the                reference, Intergovernmental relations,
                                                • Is not an economically significant                 agency promulgating the rule must                      Particulate matter, Reporting and
                                             regulatory action based on health or                    submit a rule report, which includes a                 recordkeeping requirements, Volatile
                                             safety risks subject to Executive Order                 copy of the rule, to each House of the                 organic compounds.
                                             13045 (62 FR 19885, April 23, 1997);                    Congress and to the Comptroller General
                                                                                                                                                              Dated: March 15, 2017.
                                                • Is not a significant regulatory action             of the United States. EPA will submit a
                                                                                                     report containing this action and other                V. Anne Heard,
                                             subject to Executive Order 13211 (66 FR
                                             28355, May 22, 2001);                                   required information to the U.S. Senate,               Acting Regional Administrator, Region 4.
                                                • Is not subject to requirements of                  the U.S. House of Representatives, and                     40 CFR part 52 is amended as follows:
                                             section 12(d) of the National                           the Comptroller General of the United
                                             Technology Transfer and Advancement                     States prior to publication of the rule in             PART 52—APPROVAL AND
                                             Act of 1995 (15 U.S.C. 272 note) because                the Federal Register. A major rule                     PROMULGATION OF
                                             application of those requirements would                 cannot take effect until 60 days after it              IMPLEMENTATION PLANS
                                             be inconsistent with the CAA; and                       is published in the Federal Register.
                                                • Does not provide EPA with the                      This action is not a ‘‘major rule’’ as                 ■ 1. The authority citation for part 52
                                             discretionary authority to address, as                  defined by 5 U.S.C. 804(2).                            continues to read as follows:
                                             appropriate, disproportionate human                        Under section 307(b)(1) of the CAA,                     Authority: 42 U.S.C. 7401 et seq.
                                             health or environmental effects, using                  petitions for judicial review of this
                                             practicable and legally permissible                     action must be filed in the United States              Subpart K—Florida
                                             methods, under Executive Order 12898                    Court of Appeals for the appropriate
                                             (59 FR 7629, February 16, 1994).                        circuit by June 6, 2017. Filing a petition             ■  2. In § 52.520, the table in paragraph
                                                In addition, the SIP is not approved                 for reconsideration by the Administrator               (e) is amended by adding the entry
                                             to apply on any Indian reservation land                 of this final rule does not affect the                 ‘‘110(a)(1) and (2) Infrastructure
                                             or in any other area where EPA or an                    finality of this action for the purposes of            Requirements for the 2012 Annual PM2.5
                                             Indian tribe has demonstrated that a                    judicial review nor does it extend the                 NAAQS’’ at the end of the table to read
                                             tribe has jurisdiction. In those areas of               time within which a petition for judicial              as follows:
                                             Indian country, the rule does not have                  review may be filed, and shall not
                                             tribal implications as specified by                     postpone the effectiveness of such rule                § 52.520    Identification of plan.
                                             Executive Order 13175 (65 FR 67249,                     or action. This action may not be                      *       *    *      *      *
                                             November 9, 2000), nor will it impose                   challenged later in proceedings to                         (e) * * *
                                                                                         EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
                                                                                                 State effective       EPA approval       Federal Register
                                                               Provision                                                                                                         Explanation
                                                                                                      date                date                 notice


                                                      *                    *                           *                        *                        *                  *                       *
                                             110(a)(1) and (2) Infrastructure Require-               10/15/2015             4/7/2017     [Insert Federal Reg-     With   the     exception       of   section
                                               ments for the 2012 Annual PM2.5                                                              ister citation].       110(a)(2)(D)(i)(I) and (II) (prongs 1 and
                                               NAAQS.                                                                                                              2).



                                             [FR Doc. 2017–06885 Filed 4–6–17; 8:45 am]              specific state implementation plan (SIP)               ADDRESSES:   Submit your comments,
                                             BILLING CODE 6560–50–P                                  revision in Washington County,                         identified by Docket ID No. EPA–R05–
                                                                                                     Minnesota, for Saint Paul Park Refining                OAR–2015–0844 at http://
                                                                                                     Co. LLC (Saint Paul Park). This revision               www.regulations.gov or via email to
                                             ENVIRONMENTAL PROTECTION                                includes changes to the ownership and                  blakley.pamela@epa.gov. For comments
                                             AGENCY                                                  facility name, removal of the ability to               submitted at Regulations.gov, follow the
                                                                                                     burn refinery oil, addition of a new unit,             online instructions for submitting
                                             40 CFR Part 52                                                                                                 comments. Once submitted, comments
                                                                                                     and updates to the modeling parameters
                                             [EPA–R05–OAR–2015–0844; FRL–9960–88–                    for the facility. EPA is approving the SIP             cannot be edited or removed from
                                             Region 5]                                               revision because it meets Clean Air Act                Regulations.gov. For either manner of
                                                                                                     (CAA) section 110(l) requirements.                     submission, EPA may publish any
                                             Air Plan Approval; Minnesota; Sulfur                                                                           comment received to its public docket.
                                             Dioxide Limits for Saint Paul Park                      DATES:  This direct final rule will be                 Do not submit electronically any
                                             Refining Co. LLC Facility                               effective June 6, 2017, unless EPA                     information you consider to be
nlaroche on DSK30NT082PROD with RULES




                                                                                                     receives adverse comments by May 8,                    Confidential Business Information (CBI)
                                             AGENCY: Environmental Protection
                                             Agency (EPA).                                           2017. If adverse comments are received,                or other information whose disclosure is
                                                                                                     EPA will publish a timely withdrawal of                restricted by statute. Multimedia
                                             ACTION: Direct final rule.
                                                                                                     the direct final rule in the Federal                   submissions (audio, video, etc.) must be
                                             SUMMARY: The Environmental Protection                   Register informing the public that the                 accompanied by a written comment.
                                             Agency (EPA) is approving a site-                       rule will not take effect.                             The written comment is considered the


                                        VerDate Sep<11>2014   14:50 Apr 06, 2017   Jkt 241001   PO 00000   Frm 00031    Fmt 4700   Sfmt 4700   E:\FR\FM\07APR1.SGM   07APR1


                                             16922                 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations

                                             official comment and should include                     II. How is the SIP being revised?                     installation of a solvent deasphalting
                                             discussion of all points you wish to                       The SIP modifications for Saint Paul               unit, which includes a heater (EQUI
                                             make. EPA will generally not consider                   Park consist of: (1) An update to the                 323) fired by refinery gas or natural gas.
                                             comments or comment contents located                    facility ownership and name, (2)                      This unit is the only new SO2 source,
                                             outside of the primary submission (i.e.                 restricting five combustion units to                  which has a potential to emit of 0.80 lb
                                             on the web, cloud, or other file sharing                burning only natural gas or refinery gas              SO2/hr.
                                             system). For additional submission                      by removing their ability to burn                     III. What is EPA’s analysis?
                                             methods, please contact the person                      refinery oil, (3) an update of the
                                             identified in the FOR FURTHER                                                                                    The SO2 emission limitations being
                                                                                                     modeling parameters for the facility,                 approved result in a decrease of 1699.59
                                             INFORMATION CONTACT section. For the
                                                                                                     and (4) the addition of a new unit, the               tons per year, which includes the
                                             full EPA public comment policy,                         solvent deasphalting unit (EQUI 323).
                                             information about CBI or multimedia                                                                           installation of a solvent deasphalting
                                                                                                        First, the facility was previously listed          unit. That is a more than 25 percent
                                             submissions, and general guidance on                    in the Minnesota SIP as Marathon
                                             making effective comments, please visit                                                                       reduction in SO2 emission limitations
                                                                                                     Petroleum Company, LLC, and has since                 from 5697.59 to 3998.00 tons per year
                                             http://www2.epa.gov/dockets/                            changed its name to Saint Paul Park
                                             commenting-epa-dockets.                                                                                       (permit number 16300003–016 to
                                                                                                     Refining Co. LLC. The facility is an                  16300003–021).
                                             FOR FURTHER INFORMATION CONTACT: Matt                   indirect, wholly-owned subsidiary of
                                             Rau, Environmental Engineer, Control                                                                             The modeling analysis Minnesota
                                                                                                     Northern Tier Energy, LP.                             provided shows the area expects to
                                             Strategies Section, Air Programs Branch                    Second, EPA is approving the removal
                                             (AR–18J), Environmental Protection                                                                            continue to meet the SO2 NAAQS with
                                                                                                     of Saint Paul Park’s ability to combust               the revisions being approved. The
                                             Agency, Region 5, 77 West Jackson                       refinery oil. The five units that
                                             Boulevard, Chicago, Illinois 60604,                                                                           modeling analysis shows the
                                                                                                     previously could use refinery oil are                 Minneapolis-Saint Paul maintenance
                                             (312) 886–6524, rau.matthew@epa.gov.                    now restricted to using refinery gas or
                                             SUPPLEMENTARY INFORMATION:
                                                                                                                                                           area expects to continue to meet the SO2
                                                                                                     natural gas. Specifically, this applies to            NAAQS. That result is logical, given the
                                             Throughout this document whenever                       the numbered equipment (EQUI) 1,
                                             ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean                                                                   net emissions reduction of the revisions
                                                                                                     EQUI 3, EQUI 6, EQUI 13, and EQUI 15                  being approved at Saint Paul Park.
                                             EPA. This supplementary information                     units. The SO2 emission limits in the
                                             section is arranged as follows:                                                                                  The updated modeling parameters in
                                                                                                     SIP for the five units were reduced to                the permit were also revised to better
                                             I. What is the background for this revision?            reflect the potential to emit when using
                                             II. How is the SIP being revised?                                                                             reflect the current operating conditions
                                                                                                     refinery gas. The revised SO2 limits in               at Saint Paul Park. Minnesota will use
                                             III. What is EPA’s analysis?                            pounds per hour (lb/hr), as a 3-hour
                                             IV. What action is EPA taking?                                                                                the updated modeling parameters to
                                             V. Incorporation by Reference                           rolling average, are as follows:                      improve the accuracy of future
                                             VI. Statutory and Executive Order Reviews                  • Alkylation Isostripper Reboiler                  modeling.
                                                                                                     (EQUI 1) reduced from 64.08 lb/hr to
                                             I. What is the background for this                      1.44 lb/hr.                                           IV. What action is EPA taking?
                                             revision?                                                  • No. 2 Crude Vacuum Heater (EQUI                     EPA is approving revisions to the SO2
                                                Saint Paul Park operates a petroleum                 3) from 48.60 lb/hr to 2.62 lb/hr.                    limitations at Saint Paul Park in
                                             refinery in Washington County,                             • No. 1 Crude Charge Heater (EQUI 6)               Washington County, Minnesota, because
                                             Minnesota. The refinery processes crude                 from 52.20 lb/hr to 2.83 lb/hr.                       they meet CAA section 110(l)
                                             oil into various products such as                          • Hot Oil Heater (EQUI 13) from                    requirements. EPA is approving into the
                                             gasoline, diesel fuel, distillate oils,                 76.50 lb/hr to 2.62 lb/hr.                            Minnesota SIP the portions of the joint
                                             asphalt, and sulfur. Saint Paul Park is in                 • SGP Dehexanizer Reboiler (EQUI                   Title I/Title V document (permit
                                             the Minneapolis-Saint Paul, Minnesota                   15) from 36.0 lb/hr to 1.60 lb/hr.                    number 16300003–021), cited as ‘‘Title
                                             sulfur dioxide (SO2) maintenance area.                     Revisions to the SO2 limits also                   I Condition: 40 CFR 50.4(SO2 SIP), Title
                                             This area was designated as                             removed the pounds SO2 per million                    I Condition: 40 CFR pt. 52, subp. Y.’’
                                             nonattainment for the SO2 National                      British thermal units (lbs-SO2/MMBTU)                 This approval replaces the conditions of
                                             Ambient Air Quality Standard (NAAQS)                    limitations for all applicable Saint Paul             Permit Number 16300003–016 as
                                             on March 3,1978 (43 FR 8962). EPA                       Park units because they were redundant.               approved on December 28, 2010 into the
                                             redesignated the area in 1997 to                        The lbs-SO2/MMBTU emission limits                     Minnesota SIP. 75 FR 81471.
                                             attainment of the SO2 NAAQS, making                     came from its potential to emit SO2 from                 The revisions include changes to the
                                             it a maintenance area (May 13, 1997, 62                 the hydrogen sulfide (H2S) in the fuel.               ownership and facility name, removal of
                                             FR 26230).                                              Thus, the existing H2S concentration                  the ability to burn refinery oil, addition
                                                EPA previously approved the joint                    limit caps emissions making a revised                 of a new unit, and updates to the
                                             Title I/Title V document (permit                        lbs-SO2/MMBTU limit unnecessary.                      modeling parameters for the facility.
                                             number 16300003–016) as a SIP revision                     Third, EPA is approving updated                    These revisions are expected to reduce
                                             on December 28, 2010 (75 FR 81471)                      modeling parameters for Saint Paul Park               potential SO2 emissions from Saint Paul
                                                On December 17, 2015, Minnesota                      because removing the ability to burn                  Park by more than 25 percent.
                                             submitted to EPA the joint Title I/Title                refinery oil changes plume dispersion                    We are publishing this action without
                                             V document (permit number 16300003–                     characteristics. Also, Boilers 7 and 8                prior proposal because we view this as
                                             021), effective on November 25, 2015, as                (EQUI 42 and EQUI 43) are more                        a noncontroversial amendment and
                                             a revision to its SIP.                                  efficient than presumed in the modeled                anticipate no adverse comments.
                                                On January 13, 2017, Minnesota                       design, meaning there is less waste heat              However, in the proposed rules section
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                                             submitted a revised air dispersion                      resulting in lower stack gas                          of this Federal Register publication, we
                                             modeling analysis for Saint Paul Park.                  temperatures than expected. Thus, the                 are publishing a separate document that
                                             The modeling analysis provides insight                  modeling parameters for Saint Paul Park               will serve as the proposal to approve the
                                             into the expected air quality impacts                   have been revised.                                    state plan if relevant adverse written
                                             that result from the revisions at this                     Finally, the SIP request for permit                comments are filed. This rule will be
                                             facility.                                               number 16300003–021 allows for the                    effective June 6, 2017 without further


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                                                                     Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations                                              16923

                                             notice unless we receive relevant                         impose additional requirements beyond                 of the United States. EPA will submit a
                                             adverse written comments by May 8,                        those imposed by state law. For that                  report containing this action and other
                                             2017. If we receive such comments, we                     reason, this action:                                  required information to the U.S. Senate,
                                             will withdraw this action before the                         • Is not a significant regulatory action           the U.S. House of Representatives, and
                                             effective date by publishing a                            subject to review by the Office of                    the Comptroller General of the United
                                             subsequent document that will                             Management and Budget under                           States prior to publication of the rule in
                                             withdraw the final action. All public                     Executive Orders 12866 (58 FR 51735,                  the Federal Register. A major rule
                                             comments received will then be                            October 4, 1993) and 13563 (76 FR 3821,               cannot take effect until 60 days after it
                                             addressed in a subsequent final rule                      January 21, 2011);                                    is published in the Federal Register.
                                             based on the proposed action. EPA will                       • Does not impose an information                   This action is not a ‘‘major rule’’ as
                                             not institute a second comment period.                    collection burden under the provisions                defined by 5 U.S.C. 804(2).
                                             Any parties interested in commenting                      of the Paperwork Reduction Act (44                       Under section 307(b)(1) of the CAA,
                                             on this action should do so at this time.                 U.S.C. 3501 et seq.);                                 petitions for judicial review of this
                                             Please note that if EPA receives adverse                     • Is certified as not having a                     action must be filed in the United States
                                             comment on an amendment, paragraph,                       significant economic impact on a                      Court of Appeals for the appropriate
                                             or section of this rule and if that                       substantial number of small entities                  circuit by June 6, 2017. Filing a petition
                                             provision may be severed from the                         under the Regulatory Flexibility Act (5               for reconsideration by the Administrator
                                             remainder of the rule, EPA may adopt                      U.S.C. 601 et seq.);                                  of this final rule does not affect the
                                             as final those provisions of the rule that                   • Does not contain any unfunded                    finality of this action for the purposes of
                                             are not the subject of an adverse                         mandate or significantly or uniquely                  judicial review nor does it extend the
                                             comment. If we do not receive any                         affect small governments, as described                time within which a petition for judicial
                                             comments, this action will be effective                   in the Unfunded Mandates Reform Act                   review may be filed, and shall not
                                             June 6, 2017.                                             of 1995 (Pub. L. 104–4);                              postpone the effectiveness of such rule
                                                                                                          • Does not have Federalism                         or action. Parties with objections to this
                                             V. Incorporation by Reference                             implications as specified in Executive                direct final rule are encouraged to file a
                                                In this rule, EPA is finalizing                        Order 13132 (64 FR 43255, August 10,                  comment in response to the parallel
                                             regulatory text that includes                             1999);                                                notice of proposed rulemaking for this
                                             incorporation by reference. In                               • Is not an economically significant               action published in the proposed rules
                                             accordance with requirements of 1 CFR                     regulatory action based on health or                  section of today’s Federal Register,
                                             51.5, EPA is finalizing the incorporation                 safety risks subject to Executive Order               rather than file an immediate petition
                                             by reference of the Minnesota                             13045 (62 FR 19885, April 23, 1997);                  for judicial review of this direct final
                                             Regulations described in the                                 • Is not a significant regulatory action           rule, so that EPA can withdraw this
                                             amendments to 40 CFR part 52 set forth                    subject to Executive Order 13211 (66 FR               direct final rule and address the
                                             below. Therefore, these materials have                    28355, May 22, 2001);                                 comment in the proposed rulemaking.
                                             been approved by EPA for inclusion in                        • Is not subject to requirements of
                                                                                                                                                             This action may not be challenged later
                                             the State implementation plan, have                       section 12(d) of the National
                                                                                                                                                             in proceedings to enforce its
                                             been incorporated by reference by EPA                     Technology Transfer and Advancement
                                                                                                                                                             requirements. (See section 307(b)(2)).
                                             into that plan, are fully federally                       Act of 1995 (15 U.S.C. 272 note) because
                                             enforceable under sections 110 and 113                    application of those requirements would               List of Subjects in 40 CFR Part 52
                                             of the CAA as of the effective date of the                be inconsistent with the CAA; and                       Environmental protection, Air
                                             final rulemaking of EPA’s approval, and                      • Does not provide EPA with the                    pollution control, Incorporation by
                                             will be incorporated by reference by the                  discretionary authority to address, as                reference, Intergovernmental relations,
                                             Director of the Federal Register in the                   appropriate, disproportionate human                   Reporting and recordkeeping
                                             next update to the SIP compilation.1                      health or environmental effects, using                requirements, Sulfur oxides.
                                             EPA has made, and will continue to                        practicable and legally permissible
                                                                                                       methods, under Executive Order 12898                    Dated: March 22, 2017.
                                             make, these documents generally
                                             available electronically through                          (59 FR 7629, February 16, 1994).                      Robert A. Kaplan,
                                             www.regulations.gov and/or in hard                           In addition, the SIP is not approved               Acting Regional Administrator, Region 5.
                                             copy at the appropriate EPA office                        to apply on any Indian reservation land                   40 CFR part 52 is amended as follows:
                                             (please contact the person identified in                  or in any other area where EPA or an
                                             the FOR FURTHER INFORMATION CONTACT                       Indian tribe has demonstrated that a                  PART 52—APPROVAL AND
                                             section of this preamble for more                         tribe has jurisdiction. In those areas of             PROMULGATION OF
                                             information).                                             Indian country, the rule does not have                IMPLEMENTATION PLANS
                                                                                                       tribal implications and will not impose
                                             VI. Statutory and Executive Order                         substantial direct costs on tribal                    ■ 1. The authority citation for part 52
                                             Reviews                                                   governments or preempt tribal law as                  continues to read as follows:
                                               Under the CAA, the Administrator is                     specified by Executive Order 13175 (65                    Authority: 42 U.S.C. 7401 et seq.
                                             required to approve a SIP submission                      FR 67249, November 9, 2000).                          ■  2. In § 52.1220, the table in paragraph
                                             that complies with the provisions of the                     The Congressional Review Act, 5                    (d) is amended by removing the entry
                                             CAA and applicable Federal regulations.                   U.S.C. 801 et seq., as added by the Small             for ‘‘Marathon Petroleum, LLC’’ and
                                             42 U.S.C. 7410(k); 40 CFR 52.02(a).                       Business Regulatory Enforcement                       adding in alphabetical order an entry for
                                             Thus, in reviewing SIP submissions,                       Fairness Act of 1996, generally provides              ‘‘Saint Paul Park Refining Co., LLC’’.
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                                             EPA’s role is to approve state choices,                   that before a rule may take effect, the                  The addition reads as follows:
                                             provided that they meet the criteria of                   agency promulgating the rule must
                                             the CAA. Accordingly, this action                         submit a rule report, which includes a                § 52.1220    Identification of plan.
                                             merely approves state law as meeting                      copy of the rule, to each House of the                *       *    *      *     *
                                             Federal requirements and does not                         Congress and to the Comptroller General                   (d) * * *

                                               1 62   FR 27968 (May 22, 1997).



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                                             16924                   Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations

                                                                                            EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS
                                                                                                      State effective
                                                   Name of source                    Permit No.                              EPA approval date                                      Comments
                                                                                                           date


                                                      *                          *                        *                       *                         *                    *                      *
                                             Saint Paul Park Refining           16300003–021             11/25/2015       4/7/2017, [Insert Federal         Only conditions cited as ‘‘Title I Condition: 40 CFR
                                               Co., LLC.                                                                    Register citation].               50.4 (SO2 SIP), Title I Condition: 40 CFR pt. 52,
                                                                                                                                                              subp. Y’’

                                                        *                        *                        *                          *                       *                      *                *



                                             *      *       *       *      *                            Web site. Although listed in the index,                   monitoring, basic program requirements
                                             [FR Doc. 2017–06881 Filed 4–6–17; 8:45 am]                 some information is not publicly                          and legal authority that are designed to
                                             BILLING CODE 6560–50–P                                     available, i.e., Confidential Business                    assure attainment and maintenance of
                                                                                                        Information or other information whose                    the NAAQS. States were required to
                                                                                                        disclosure is restricted by statute.                      submit such SIPs for the 2012 Annual
                                             ENVIRONMENTAL PROTECTION                                   Certain other material, such as                           PM2.5 NAAQS to EPA no later than
                                             AGENCY                                                     copyrighted material, is not placed on                    December 14, 2015.
                                                                                                        the Internet and will be publicly                            In a proposed rulemaking published
                                             40 CFR Part 52                                             available only in hard copy form.                         on July 21, 2016 (81 FR 47314), EPA
                                             [EPA–R04–OAR–2014–0428; FRL–9960–95–                       Publicly available docket materials are                   proposed to approve portions of North
                                             Region 4]                                                  available either electronically through                   Carolina’s December 4, 2015, SIP
                                                                                                        www.regulations.gov or in hard copy at                    submission for the 2012 Annual PM2.5
                                             Air Plan Approval; NC; Infrastructure                      the Air Regulatory Management Section,                    NAAQS with the exception of the
                                             Requirements for the 2012 PM2.5                            Air Planning and Implementation                           interstate transport requirements of
                                             National Ambient Air Quality Standard                      Branch, Air, Pesticides and Toxics                        section 110(a)(2)(D)(i)(I) and (II) (prongs
                                             AGENCY:  Environmental Protection                          Management Division, U.S.                                 1 through 4) and preconstruction
                                             Agency (EPA).                                              Environmental Protection Agency,                          prevention of significant deterioration
                                             ACTION: Final rule.                                        Region 4, 61 Forsyth Street SW.,                          (PSD) permitting requirements for major
                                                                                                        Atlanta, Georgia 30303–8960. EPA                          sources of section 110(a)(2)(C) and (J).
                                             SUMMARY:   The Environmental Protection                    requests that if at all possible, you                     On September 14, 2016 (81 FR 63107),
                                             Agency (EPA) is taking final action to                     contact the person listed in the FOR                      EPA finalized approval in part and
                                             approve portions of the State                              FURTHER INFORMATION CONTACT section to                    disapproval in part of North Carolina’s
                                             Implementation Plan (SIP) submission,                      schedule your inspection. The Regional                    December 4, 2015, infrastructure SIP
                                             submitted by the State of North                            Office’s official hours of business are                   submission regarding the PSD
                                             Carolina, through the Department of                        Monday through Friday, 8:30 a.m. to                       permitting requirements for major
                                             Environmental Quality (DEQ), on                            4:30 p.m., excluding federal holidays.                    sources of sections 110(a)(2)(C), prong 3
                                             December 4, 2015, for inclusion into the                   FOR FURTHER INFORMATION CONTACT:                          of D(i), and (J) for the 2012 Annual
                                             North Carolina SIP, to demonstrate that                    Tiereny Bell, Air Regulatory                              PM2.5 NAAQS. Additionally, on June 3,
                                             the State meets the infrastructure                         Management Section, Air Planning and                      2016, EPA finalized a rule related to the
                                             requirements of the Clean Air Act (CAA                     Implementation Branch, Air, Pesticides                    prong 4 element of North Carolina’s
                                             or Act) for the 2012 annual fine                           and Toxics Management Division, U.S.                      December 4, 2015, SIP submission for
                                             particulate matter (PM2.5) national                        Environmental Protection Agency,                          the 2012 Annual PM2.5 NAAQS. See 81
                                             ambient air quality standard (NAAQS).                      Region 4, 61 Forsyth Street SW.,                          FR 35634. Therefore, EPA is not taking
                                             The CAA requires that each state adopt                     Atlanta, Georgia 30303–8960. Ms. Bell                     final action pertaining to sections
                                             and submit a SIP for the                                   can be reached via electronic mail at                     110(a)(2)(C), prongs 3 and 4 of D(i) and
                                             implementation, maintenance and                            bell.tiereny@epa.gov or via telephone at                  (J) for North Carolina for the 2012
                                             enforcement of each NAAQS                                  (404) 562–9088.                                           Annual PM2.5 NAAQS in this action.
                                             promulgated by EPA, which is                               SUPPLEMENTARY INFORMATION:                                With respect to the interstate transport
                                             commonly referred to as an                                                                                           requirements of section 110(a)(2)(D)(i)(I)
                                             ‘‘infrastructure SIP submission.’’ DEQ                     I. Background and Overview                                (prongs 1 and 2), EPA will consider
                                             certified that the North Carolina SIP                         On December 14, 2012, EPA                              these requirements in relation to North
                                             contains provisions that ensure the 2012                   promulgated a revised primary annual                      Carolina’s 2012 Annual PM2.5 NAAQS
                                             Annual PM2.5 NAAQS is implemented,                         PM2.5 NAAQS. The standard was                             infrastructure submission in a separate
                                             enforced, and maintained in North                          strengthened from 15.0 micrograms per                     rulemaking. The details of North
                                             Carolina. EPA has determined that                          cubic meter (mg/m3) to 12.0 mg/m3. See                    Carolina’s submission and the rationale
                                             portions of North Carolina’s SIP satisfies                 78 FR 3086 (January 15, 2013). Pursuant                   for EPA’s actions for this final rule are
                                             certain required infrastructure elements                   to section 110(a)(1) of the CAA, states                   explained in the July 21, 2016, proposed
                                             for the 2012 Annual PM2.5 NAAQS.                           are required to submit SIPs meeting the                   rulemaking. Comments on the proposed
                                             DATES: This rule will be effective May 8,                  applicable requirements of section
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                                                                                                                                                                  rulemaking were due on or before
                                             2017.                                                      110(a)(2) within three years after                        August 22, 2016. EPA received no
                                             ADDRESSES: EPA has established a                           promulgation of a new or revised                          comments, adverse or otherwise.
                                             docket for this action under Docket                        NAAQS or within such shorter period
                                             Identification No. EPA–R04–OAR–                            as EPA may prescribe. Section 110(a)(2)                   II. Final Action
                                             2014–0428. All documents in the docket                     requires states to address basic SIP                       EPA is taking final action to approve
                                             are listed on the www.regulations.gov                      elements such as requirements for                         North Carolina’s infrastructure


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Document Created: 2017-04-06 23:49:23
Document Modified: 2017-04-06 23:49:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactMatt 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, [email protected]
FR Citation82 FR 16921 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Oxides

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