
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16921-16924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06881]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0844; FRL-9960-88-Region 5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a site-
specific state implementation plan (SIP) revision in Washington County, 
Minnesota, for Saint Paul Park Refining Co. LLC (Saint Paul Park). This 
revision includes changes to the ownership and facility name, removal 
of the ability to burn refinery oil, addition of a new unit, and 
updates to the modeling parameters for the facility. EPA is approving 
the SIP revision because it meets Clean Air Act (CAA) section 110(l) 
requirements.

DATES: This direct final rule will be effective June 6, 2017, unless 
EPA receives adverse comments by May 8, 2017. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0844 at http://www.regulations.gov or via email to 
blakley.pamela@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the

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official comment and should include discussion of all points you wish 
to make. EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e. on the web, cloud, or 
other file sharing system). For additional submission methods, please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section. For the full EPA public comment policy, information about CBI 
or multimedia submissions, and general guidance on making effective 
comments, please visit 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, rau.matthew@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'', 
``us'', or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is the background for this revision?
II. How is the SIP being revised?
III. What is EPA's analysis?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. What is the background for this revision?

    Saint Paul Park operates a petroleum refinery in Washington County, 
Minnesota. The refinery processes crude oil into various products such 
as gasoline, diesel fuel, distillate oils, asphalt, and sulfur. Saint 
Paul Park is in the Minneapolis-Saint Paul, Minnesota sulfur dioxide 
(SO2) maintenance area. This area was designated as 
nonattainment for the SO2 National Ambient Air Quality 
Standard (NAAQS) on March 3,1978 (43 FR 8962). EPA redesignated the 
area in 1997 to attainment of the SO2 NAAQS, making it a 
maintenance area (May 13, 1997, 62 FR 26230).
    EPA previously approved the joint Title I/Title V document (permit 
number 16300003-016) as a SIP revision on December 28, 2010 (75 FR 
81471)
    On December 17, 2015, Minnesota submitted to EPA the joint Title I/
Title V document (permit number 16300003-021), effective on November 
25, 2015, as a revision to its SIP.
    On January 13, 2017, Minnesota submitted a revised air dispersion 
modeling analysis for Saint Paul Park. The modeling analysis provides 
insight into the expected air quality impacts that result from the 
revisions at this facility.

II. How is the SIP being revised?

    The SIP modifications for Saint Paul Park consist of: (1) An update 
to the facility ownership and name, (2) restricting five combustion 
units to burning only natural gas or refinery gas by removing their 
ability to burn refinery oil, (3) an update of the modeling parameters 
for the facility, and (4) the addition of a new unit, the solvent 
deasphalting unit (EQUI 323).
    First, the facility was previously listed in the Minnesota SIP as 
Marathon Petroleum Company, LLC, and has since changed its name to 
Saint Paul Park Refining Co. LLC. The facility is an indirect, wholly-
owned subsidiary of Northern Tier Energy, LP.
    Second, EPA is approving the removal of Saint Paul Park's ability 
to combust refinery oil. The five units that previously could use 
refinery oil are now restricted to using refinery gas or natural gas. 
Specifically, this applies to the numbered equipment (EQUI) 1, EQUI 3, 
EQUI 6, EQUI 13, and EQUI 15 units. The SO2 emission limits 
in the SIP for the five units were reduced to reflect the potential to 
emit when using refinery gas. The revised SO2 limits in 
pounds per hour (lb/hr), as a 3-hour rolling average, are as follows:

     Alkylation Isostripper Reboiler (EQUI 1) reduced from 
64.08 lb/hr to 1.44 lb/hr.
     No. 2 Crude Vacuum Heater (EQUI 3) from 48.60 lb/hr to 
2.62 lb/hr.
     No. 1 Crude Charge Heater (EQUI 6) from 52.20 lb/hr to 
2.83 lb/hr.
     Hot Oil Heater (EQUI 13) from 76.50 lb/hr to 2.62 lb/hr.
     SGP Dehexanizer Reboiler (EQUI 15) from 36.0 lb/hr to 1.60 
lb/hr.

    Revisions to the SO2 limits also removed the pounds 
SO2 per million British thermal units (lbs-SO2/
MMBTU) limitations for all applicable Saint Paul Park units because 
they were redundant. The lbs-SO2/MMBTU emission limits came 
from its potential to emit SO2 from the hydrogen sulfide 
(H2S) in the fuel. Thus, the existing H2S 
concentration limit caps emissions making a revised lbs-SO2/
MMBTU limit unnecessary.
    Third, EPA is approving updated modeling parameters for Saint Paul 
Park because removing the ability to burn refinery oil changes plume 
dispersion characteristics. Also, Boilers 7 and 8 (EQUI 42 and EQUI 43) 
are more efficient than presumed in the modeled design, meaning there 
is less waste heat resulting in lower stack gas temperatures than 
expected. Thus, the modeling parameters for Saint Paul Park have been 
revised.
    Finally, the SIP request for permit number 16300003-021 allows for 
the installation of a solvent deasphalting unit, which includes a 
heater (EQUI 323) fired by refinery gas or natural gas. This unit is 
the only new SO2 source, which has a potential to emit of 
0.80 lb SO2/hr.

III. What is EPA's analysis?

    The SO2 emission limitations being approved result in a 
decrease of 1699.59 tons per year, which includes the installation of a 
solvent deasphalting unit. That is a more than 25 percent reduction in 
SO2 emission limitations from 5697.59 to 3998.00 tons per 
year (permit number 16300003-016 to 16300003-021).
    The modeling analysis Minnesota provided shows the area expects to 
continue to meet the SO2 NAAQS with the revisions being 
approved. The modeling analysis shows the Minneapolis-Saint Paul 
maintenance area expects to continue to meet the SO2 NAAQS. 
That result is logical, given the net emissions reduction of the 
revisions being approved at Saint Paul Park.
    The updated modeling parameters in the permit were also revised to 
better reflect the current operating conditions at Saint Paul Park. 
Minnesota will use the updated modeling parameters to improve the 
accuracy of future modeling.

IV. What action is EPA taking?

    EPA is approving revisions to the SO2 limitations at 
Saint Paul Park in Washington County, Minnesota, because they meet CAA 
section 110(l) requirements. EPA is approving into the Minnesota SIP 
the portions of the joint Title I/Title V document (permit number 
16300003-021), cited as ``Title I Condition: 40 CFR 50.4(SO2 
SIP), Title I Condition: 40 CFR pt. 52, subp. Y.'' This approval 
replaces the conditions of Permit Number 16300003-016 as approved on 
December 28, 2010 into the Minnesota SIP. 75 FR 81471.
    The revisions include changes to the ownership and facility name, 
removal of the ability to burn refinery oil, addition of a new unit, 
and updates to the modeling parameters for the facility. These 
revisions are expected to reduce potential SO2 emissions 
from Saint Paul Park by more than 25 percent.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective June 6, 2017 
without further

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notice unless we receive relevant adverse written comments by May 8, 
2017. If we receive such comments, we will withdraw this action before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on the proposed action. EPA 
will not institute a second comment period. Any parties interested in 
commenting on this action should do so at this time. Please note that 
if EPA receives adverse comment on an amendment, paragraph, or section 
of this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment. If we do not receive any 
comments, this action will be effective June 6, 2017.

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Minnesota 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference by 
the Director of the Federal Register in the next update to the SIP 
compilation.\1\ EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 6, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: March 22, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
2. In Sec.  52.1220, the table in paragraph (d) is amended by removing 
the entry for ``Marathon Petroleum, LLC'' and adding in alphabetical 
order an entry for ``Saint Paul Park Refining Co., LLC''.
    The addition reads as follows:


Sec.  52.1220  Identification of plan.

* * * * *
    (d) * * *

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                                 EPA-Approved Minnesota Source-Specific Permits
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                                                        State
          Name of source             Permit No.    effective date   EPA approval date           Comments
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                                                  * * * * * * *
Saint Paul Park Refining Co., LLC    16300003-021      11/25/2015  4/7/2017, [Insert    Only conditions cited as
                                                                    Federal Register     ``Title I Condition: 40
                                                                    citation].           CFR 50.4 (SO2 SIP),
                                                                                         Title I Condition: 40
                                                                                         CFR pt. 52, subp. Y''
 
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[FR Doc. 2017-06881 Filed 4-6-17; 8:45 am]
 BILLING CODE 6560-50-P


