[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Proposed Rules]
[Pages 38071-38073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13059]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2005-MN-0002; FRL-7931-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Minnesota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the sulfur dioxide 
requirements for Flint Hills Resources, L.P. (Flint Hills) of Dakota 
County, Minnesota. The requested revisions will allow the Rosemont, 
Minnesota petroleum refinery to produce ultra low sulfur diesel fuel. 
This expansion will add five sources and create an increase in sulfur 
dioxide emissions. An analysis of the additional sources was conducted. 
The results shows that the air quality of Dakota County will remain in 
compliance with the National Ambient Air Quality Standards (NAAQS) for 
sulfur dioxide.
    In the final rules section of this Federal Register, EPA is 
approving the SIP revision as a direct final rule without prior 
proposal, because EPA views this as a noncontroversial revision and 
anticipates no adverse comments. A detailed rationale for the approval 
is set forth in the direct final rule. If we do not receive any adverse 
comments in response to these direct final and proposed rules, we do 
not contemplate taking any further action in relation to this proposed 
rule. If EPA receives adverse comments, we will withdraw the direct 
final rule and will respond to all public comments in a subsequent 
final rule based on this

[[Page 38072]]

proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time.

DATES: Written comments must be received on or before August 1, 2005.

ADDRESSES: Submit comments, identified by Regional Material in EDocket 
(RME) ID No. R05-OAR-2005-MN-0002 by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web Site: http://docket.epa.gov/rmepub/index.jsp. RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    E-mail: [email protected].
    Fax: (312) 886-5824.
    Mail: You may send written comments to: John Mooney, Chief, 
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Hand Delivery: Deliver your comments to: John Mooney, Chief, 
Criteria Pollutant Section (AR-18J), U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, 
Illinois 60604.
    Such deliveries are only accepted during the Regional Office's 
normal hours of operation. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding 
Federal holidays.
    Instructions: Direct your comments to RME ID No. R05-OAR-2005-MN-
0002. EPA's policy is that all comments received will be included in 
the public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME Web site and the Federal regulations.gov Web 
site are ``anonymous access'' systems, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional instructions on submitting 
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of 
this document.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://www.epa.gov/rmepub/index.jsp. Although listed in 
the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at the U.S. Environmental Protection Agency, Region 5, 
Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Please telephone Matt Rau at (312) 886-6524 before 
visiting the Region 5 Office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. EPA, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 
886-6524. [email protected].

SUPPLEMENTARY INFORMATION:
I. General Information
    A. Does This Action Apply to Me?
    B. What Should I Consider as I Prepare My Comments for EPA?
II. What Action Is EPA Taking Today?
III. Where Can I Find More Information About This Proposal and the 
Corresponding Direct Final Rule?

I. General Information

A. Does This Action Apply to Me?

    This action applies to a single source, Flint Hills Resources in 
Dakota County, Minnesota.

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

    1. Submitting CBI. Do not submit CBI to EPA through RME, 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. What Action Is EPA Taking Today?

    The EPA is proposing to approve revisions to the Minnesota sulfur 
dioxide State Implementation Plan for the Flint Hills refinery. Flint 
Hills is installing equipment to begin producing ultra low sulfur 
diesel fuel. This revision adds five new emission sources and create an 
125.7 tons per year increase in sulfur dioxide emissions at the Flint 
Hills facility. Flint Hills conducted air dispersion modeling to assess 
the effect of its proposed new equipment and operating plan on ambient 
air quality. The final results of the Flint Hills modeling, including 
background sulfur dioxide concentrations, were below the 3-hour, 24-
hour, and annual sulfur dioxide NAAQS.

III. Where Can I Find More Information About This Proposal and the 
Corresponding Direct Final Rule?

    For additional information, see the Direct Final Rule which is 
located in the Rules section of this Federal Register. Copies of the 
request and the EPA's analysis are available electronically at

[[Page 38073]]

RME or in hard copy at the above address. Please telephone Matt Rau at 
(312) 886-6524 before visiting the Region 5 Office.

    Dated: June 21, 2005.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. 05-13059 Filed 6-30-05; 8:45 am]
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