[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Rules and Regulations]
[Pages 42825-42827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17670]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2018-0731; FRL-9998-49-Region 5]
Air Plan Approval; Minnesota; Flint Hills Sulfur Dioxide (SO2)
Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Minnesota sulfur dioxide (SO2) State
Implementation Plan (SIP) for the Flint Hills Resources, LLC Pine Bend
Refinery (FHR) as submitted on October 23, 2018. The SIP revision
pertains to the shutdown and replacement of certain equipment at the
refinery as well as amendments to certain emission limits, resulting in
an overall decrease of SO2 emissions from FHR.
DATES: This final rule is effective on September 18, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0731. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) 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
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. We recommend
that you telephone Anthony Maietta, Environmental Protection
Specialist, at (312) 353-8777 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Environmental
Protection Specialist, Control Strategies Section, Air Programs Branch
(AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8777,
[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 being addressed by this document?
II. What comments did we receive on the proposed action?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed by this document?
On October 23, 2018, the Minnesota Pollution Control Agency (MPCA)
submitted a request for EPA to approve into the Minnesota SIP the
conditions cited as ``Title I Condition: 40 CFR 50.4(SO2
SIP); Title I Condition: 40 CFR 51; Title I Condition: 40 CFR pt. 52,
subp. Y'' in FHR's revised joint Title I/Title V document, Permit No.
03700011-102 (joint document 102). On May 16, 2019 (84 FR 22091), EPA
proposed to approve MPCA's October 23, 2018 submittal.
MPCA's submittal demonstrated that joint document 102 contains
amended SIP conditions that implement changes to technology at the
plant as well as revise SO2 emissions limits for existing
equipment. MPCA's submittal demonstrated that the amended SIP revisions
reduce allowable SIP-based SO2 emissions by 7.9 pounds per
hour or 119.8 tons per year. After review, EPA proposed to approve
MPCA's request to revise Minnesota's SO2 SIP for FHR,
reflected in conditions labeled ``Title I Condition: 40 CFR
50.4(SO2 SIP); Title I Condition: 40 CFR 51; Title I
Condition: 40 CFR pt. 52, subp. Y'' in joint document 102.
II. What comments did we receive on the proposed action?
Our May 16, 2019 proposed rule provided a 30-day review and comment
period. The comment period closed on June 17, 2019. EPA received no
comments on the proposed action.
III. What action is EPA taking?
EPA is approving a revision to Minnesota's SO2 SIP for
FHR, as submitted by MPCA on October 23, 2018, and reflected in
conditions labeled ``Title I Condition: 40 CFR 50.4 (SO2
SIP); Title I Condition: 40 CFR 51; Title I Condition: 40 CFR pt. 52,
subp. Y'' in joint document 102.
[[Page 42826]]
IV. 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. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov and at the EPA Region 5
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
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 Clean Air Act as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
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 Clean Air Act.
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 Clean Air Act; 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 18, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: August 6, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1220, the table in paragraph (d) is amended by revising
the entry for ``Flint Hills Resources Pine Bend, LLC'' to read as
follows:
Sec. 52.1220 Identification of plan.
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(d) * * *
[[Page 42827]]
EPA-Approved Minnesota Source-Specific Permits
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State effective
Name of source Permit No. date EPA approval date Comments
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* * * * * * *
Flint Hills Resources Pine 03700011-102 10/5/2018 8/19/2019, Only conditions cited
Bend, LLC. [Insert Federal as ``Title I
Register Condition: 40 CFR
citation]. Section 50.4(SO2
SIP); Title I
Condition: 40 CFR 51;
Title I Condition: 40
CFR pt. 52, subp.
Y''.
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[FR Doc. 2019-17670 Filed 8-16-19; 8:45 am]
BILLING CODE 6560-50-P