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[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81471-81474]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32482]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0808; FRL-9243-3]

Approval and Promulgation of Air Quality Implementation Plans; 
Minnesota; Sulfur Dioxide SIP Revision for Marathon Petroleum St. Paul 
Park

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On October 6, 2009, Minnesota submitted a request for a sulfur 
dioxide State Implementation Plan revision for Marathon Petroleum in 
St. Paul Park. This submittal updates the State Implementation Plan to 
reflect the installation of new boilers and a sulfur recovery unit and 
changes to three existing heaters. Overall, this update represents a 
decrease in sulfur dioxide emissions. EPA is approving these revisions 
under the Clean Air Act.

DATES: This direct final rule will be effective February 28, 2011, 
unless EPA receives adverse comments by January 27, 2011. 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-2009-0808, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: aburano.douglas@epa.gov.
    3. Fax: (312)408-2279.
    4. Mail: Douglas Aburano, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Control Strategies 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only accepted during the Regional Office normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. 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 Docket ID No. EPA-R05-OAR-
2009-0808. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, 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 http://www.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.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy 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 Mary Portanova, Environmental 
Engineer, at (312) 353-5954 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-5954, portanova.mary@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. Background
II. What has changed in the SIP?
III. Air Quality Analysis
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. Background

    On October 6, 2009, Minnesota submitted a site-specific sulfur 
dioxide (SO2) State Implementation Plan (SIP) revision 
request for Marathon Petroleum Co, LLC, (Marathon) in the Saint Paul 
Park area of Minneapolis-St.Paul, Minnesota. This area had been 
designated as nonattainment of the SO2 National Ambient Air 
Quality Standards (NAAQS) in 1979, but was redesignated to attainment 
for SO2 on May 13, 1997 (62 FR 26230), after meeting the 
requirements of the Clean Air Act and

[[Page 81472]]

measuring eight quarters of monitored air quality data below the 
SO2 NAAQS. The October 6, 2009 submittal serves to update 
the SO2 maintenance plan for St. Paul Park.
    Minnesota places its SIP conditions in joint Title I/Title V 
documents, in the form of State Air Emission Permits. The SIP 
conditions are listed in the State's documents as Title I conditions, 
which refers to Title I of the Clean Air Act. The documents also 
contain Title V permit conditions for the affected facilities. The most 
recently approved Title I SIP conditions for this Marathon facility 
(previously known as Marathon Ashland Petroleum LLC) were those which 
were placed in Minnesota's Air Emission Permit No. 16300003-003. These 
SIP conditions were Federally approved into Minnesota's SO2 
SIP on May 20, 2002 (67 FR 35437).
    The October 6, 2009, SO2 SIP revision request accounts 
for several changes since 2002 at the Marathon Petroleum refinery, 
including the installation of a new sulfur recovery unit, physical 
changes to three existing heaters, and the installation of two new 
boilers. These changes were set forth in Air Emission Permits 16300003-
006 and 16300003-016. The State requested that EPA approve into the SIP 
only the permit conditions labeled ``Title I Condition: State 
Implementation Plan for SO2 NAAQS,'' and remove all non-SIP-
related ``Title I Conditions'' from the SIP.

II. What has changed in the SIP?

    Marathon has planned or implemented several changes to 
SO2-emitting units at the St. Paul Park facility since 2002. 
The company has installed a new sulfur recovery unit at the facility, 
made changes to three of its heaters, and installed two new boilers. 
SIP conditions have been altered to represent these new or modified 
units.
    Minnesota's permit action 16300003-006, issued November 5, 2002, 
authorized Marathon to install a new sulfur recovery unit (SRU) and a 
Shell Claus off-gas treating (SCOT) tail gas unit. Allowable 
SO2 emissions from the new Number 3 SRU are restricted to 15 
lb/hr (on a 3-hour average) and 39 tons per year (tpy). A continuous 
emissions monitor (CEM) will be used to measure SO2 
emissions from the units.
    Under the same permit action, Marathon made physical changes to two 
heaters. Changes to the Hot Oil Heater (EU016, 5-34-B-2) only affected 
its stack dispersion characteristics, but did not change its 
SO2 emission limit. Changes to the Number 2 Crude Charge 
Heater (EU006, 5-2-B-3) included the replacement of its burners with 
low-nitrogen oxides burners and the replacement of its convection 
sections and stack. These changes removed the heater's ability to burn 
refinery fuel oil. Permit action 16300003-006 primarily discussed 
reductions in the emissions of nitrogen oxides from this heater and did 
not address the effect on SO2 of removing refinery fuel oil. 
The revised permit allows only natural gas and refinery fuel gas for 
this heater, but the SO2 limits for the Number 2 Crude 
Charge Heater remain unchanged at 34 lb/hr and 0.2834 lb/MMBTU.
    In 2007, Marathon replaced the burner in the Heavy Distillate 
Hydrotreater Charge Heater (EU017). With the new burner, this heater 
can no longer combust refinery fuel oil. In permit action 16300003-016, 
issued on September 11, 2009, EU017 was restricted to natural gas and 
refinery fuel gas only, and its SO2 SIP emission limit was 
reduced accordingly, from 66.6 lb/hr to 2.97 lb/hr. This represents a 
279 tpy reduction in allowable SO2 emissions. In addition, 
some former SIP testing and recordkeeping requirements relating to the 
use of refinery fuel oil have been removed for this heater.
    Permit action 16300003-016 also allows two new boilers to be 
installed at the Marathon facility. The new boilers, Boiler 92 (EU092) 
and Boiler 93 (EU093), are limited to 0.025 lb/MMBtu of SO2, 
and are only permitted to use natural gas or refinery fuel gas. The new 
boilers' 7.2 lb/hr (31.5 tpy) emissions increase will be offset by the 
shutdown of three other boilers at the facility: Boiler 5 (EU001), 
Boiler 4 (EU020) and Boiler 6 (EU021). The permit provides that Boilers 
4, 5, and 6 must be shut down 180 days after the new boilers begin 
operating or 60 days after both new boilers achieve maximum operating 
rate, whichever comes first. Boilers 92 and 93 are not allowed to begin 
operating until EPA has approved their SIP limits. Boilers 4 and 6 are 
allowed to use either natural gas, refinery fuel gas, or refinery fuel 
oil. Boiler 5 can only use natural gas or refinery fuel gas. Their 
shutdown will bring a 323 tpy reduction in allowable SO2 
emissions.

III. Air Quality Analysis

    The SO2 source configuration and emission limit changes 
in permits 16300003-006 and 16300003-016 were evaluated using air 
dispersion modeling. Modeling analyses were performed when the Number 3 
SRU and Boiler 92 and 93 installations were originally permitted (2002 
and 2009). These analyses were submitted as part of the October 6, 2009 
SIP revision request. Because EPA's air quality modeling 
recommendations have changed since 2002, the analyses were not both 
performed using the same dispersion model.
    Modeling for the Number 3 SRU installation and the physical changes 
to heaters EU006 and EU016 was performed in 2002, using the ISCST3 
model, which was the EPA-recommended model at the time. The predicted 
SO2 concentrations for the Marathon facility and neighboring 
SO2 sources, including a background concentration, were 
below the SO2 NAAQS.
    Modeling for the Boiler 92 and 93 installation and the emission 
limit reductions for heater EU017 was performed in 2009, using the EPA 
recommended dispersion model, AERMOD, version 07026. This modeling 
included all sources at the Marathon facility, and served to replace 
the 2002 modeling analysis. Both the new boilers (EU092 and EU093) and 
the existing boilers (EU001, EU020, and EU021) were included in the 
modeling, although Marathon's permit requires the three existing 
boilers to be shut down 180 days after the two new boilers begin 
operating. SO2 emissions from neighboring facilities were 
also included in the modeling. The 2009 AERMOD dispersion modeling used 
five years of meteorological data from 1986-1990. Surface 
meteorological data was measured at Minneapolis-St. Paul, MN, and upper 
air data was measured at St. Cloud, MN. The modeling used a receptor 
grid with 100 meter resolution. The resulting modeled SO2 
concentrations, including a representative background SO2 
concentration, were below the SO2 NAAQS.
    On June 22, 2010, EPA published final revisions to the 
SO2 NAAQS, which added a one-hour standard (75 FR 35520). 
The SIP actions for the Marathon facility and the accompanying air 
quality analyses were finalized and the SIP revision request was 
submitted to EPA before EPA had proposed the new SO2 NAAQS 
(December 8, 2009; 74 FR 64810). Given the timing of this SIP revision 
request, and the fact that it represents an overall decrease in 
SO2 emissions, EPA finds that the October 6, 2009 submittal 
is complete and will not adversely affect Minnesota's ability to attain 
and maintain the one-hour SO2 standard.

IV. What action is EPA taking?

    EPA is approving Minnesota's October 6, 2009 site-specific 
SO2 SIP revision request for Marathon Petroleum Co, LLC, in 
the Saint Paul Park area of Minneapolis-St.Paul, Minnesota. We are 
publishing this action without prior

[[Page 81473]]

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 February 28, 2011 without further notice unless we receive 
relevant adverse written comments by January 27, 2011. 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. The EPA will not 
institute a second comment period. Any parties interested in commenting 
on this action should do so at this time. If we do not receive any 
comments, this action will be effective February 28, 2011.

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 Order 
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.
    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 February 28, 2011. 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, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: December 15, 2010.
Susan Hedman,
Regional Administrator, Region 5.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart Y--Minnesota

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2. In Sec.  52.1220 the table in paragraph (d) is amended by updating 
the entry for ``Marathon Ashland Petroleum, LLC'' to read as follows:

Sec.  52.1220  Identification of plan.

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    (d) * * *

                                 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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                                                  * * * * * * *
Marathon Petroleum, LLC.....        16300003-016            09/11/09  12/28/10, [Insert     Only conditions
                                                                       page number where     cited as ``Title I
                                                                       the document          condition: SIP for
                                                                       begins].              SO2 NAAQS.''
 
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[[Page 81474]]

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[FR Doc. 2010-32482 Filed 12-27-10; 8:45 am]
BILLING CODE 6560-50-P
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