[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.

* * * * *
    (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