Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Rules and Regulations 28501 

• 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, 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 15, 2013. 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, 

Nitrogen dioxide, Ozone, Volatile 

organic compounds. 

Dated: April 30, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.1885 is amended by 

adding paragraph (ff)(14) to read as 

follows: 

§ 52.1885 Control Strategy: Ozone. 

* * * * * 

(ff) * * * 

(14) Approval—On December 7, 2012, 

Ohio submitted a request to revise the 

approved MOBILE6.2 motor vehicle 

emission budgets (budgets) in the 1997 

8-hour ozone maintenance plan for the 

Canton-Massillon, Ohio area. The 

budgets are being revised with budgets 

developed with the MOVES2010a 

model. The 2009 motor vehicle 

emissions budgets for the CantonMassillon, Ohio area are 19.17 tpd VOC 

and 28.36 tpd NOX. The 2018 motor 

vehicle emissions budgets for the 

Canton-Massillon, Ohio area are 9.02 

tpd VOC and 11.37 tpd NOX. 

* * * * * 

[FR Doc. 2013–11450 Filed 5–14–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0328; FRL–9811–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota; Flint Hills Resources Pine 

Bend 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving Minnesota’s 

August 29, 2011, request to revise its 

sulfur dioxide (SO2) state 

implementation plan (SIP) for Flint 

Hills Resources Pine Bend, LLC (FHR 

Pine Bend), in Dakota County. The 

facility is shutting down an incinerator 

and rerouting process gases to address a 

safety issue. The revised SIP also 

includes other emission reductions. 

This revision will result in a decrease in 

SO2 emissions. EPA published a direct 

final approval of this SIP revision 

request on January 31, 2013, but 

received an adverse comment and 

therefore withdrew the approval. EPA is 

hereby addressing the comment and 

taking final action on Minnesota’s 

August 29, 2011, submittal. 

DATES: This rule is effective June 14, 

2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification EPA–R05–OAR–2011– 

0328. All documents in these dockets 

are listed on the www.regulations.gov 

Web site. 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 

www.regulations.gov or in hard copy at 

the U.S. 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 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. 


TKELLEY on DSK3SPTVN1PROD with RULES
28502 Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Rules and Regulations 

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 action? 

II. What is EPA’s response to comments? 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On August 29, 2011, Minnesota 

submitted a request to EPA to revise its 

SO2 SIP for the FHR Pine Bend oil 

refinery in Rosemount, Dakota County. 

FHR Pine Bend is making modifications 

to its facility to address plant safety and 

improve energy efficiency. The facility 

will remove its Merox process 

incinerator, reroute process gases to an 

existing heater, take additional 

restrictions on steam-air decoking 

activities for certain boilers, revise the 

SO2 emission limits for its fluid 

catalytic cracking unit, and make plans 

to add a boiler. See the January 31, 

2013, direct final approval (78 FR 6733) 

for additional information. Overall, the 

August 29, 2011, SIP revision provides 

for a reduction in SO2 emissions of over 

3100 tons per year. EPA’s January 31, 

2013, direct final action approving 

Minnesota’s SIP revision request 

received one adverse public comment, 

so EPA withdrew the final action on 

March 26, 2013 (78 FR 18241). 

II. What is EPA’s Response to 

Comments? 

EPA received one comment during 

the public comment period for the 

January 31, 2013, rulemaking. A 

summary of the comment and EPA’s 

response are provided below. 

Comment: The commenter objects to 

the FHR Pine Bend SIP amendment 

because of concerns that SO2 emissions 

are grossly underestimated when only 

fuel gas hydrogen sulfide (H2S) is used 

to determine compliance with SO2

emission limits, because there are other 

sulfur compounds in fuel gas that also 

contribute to SO2 emissions. The 

commenter recommends that SO2

continuous emissions monitors (CEMs) 

be installed on all fuel gas sources at 

FHR Pine Bend, including the new 

boiler. 

Response: The gas combustion units 

at FHR Pine Bend are fueled by natural 

gas and/or refinery fuel gas. Natural gas 

contains very little sulfur. Refinery fuel 

gas may contain sulfur compounds. At 

FHR Pine Bend, refinery fuel gas is 

generated by the facility’s processes and 

collected into two fuel gas mix drums, 

designated 41V–33 and 45V–39. The 

gases are then distributed from these 

mix drums to combustion units at the 

facility, such as boilers and heaters. 

FHR Pine Bend operates H2S CEMs on 

the mix drums to satisfy the 

requirements of the New Source 

Performance Standards (40 CFR part 60, 

subparts J and Ja). The 41V–33 mix 

drum receives gases which contain H2S, 

but do not contain a large concentration 

of other sulfur compounds. FHR Pine 

Bend operates a CEM which measures 

total sulfur in the 41V–33 mix drum 

gases. The 45V–39 mix drum receives 

gases from different processes, and these 

gases may contain sulfur compounds 

other than H2S. FHR Pine Bend uses 

stack SO2 CEMs and fuel flow meters at 

two representative heaters fired with 

gases from the 45V–39 mix drum to 

determine the sulfur content of the fuel 

gases for SO2 compliance calculations. 

The SO2 emissions from FHR Pine 

Bend’s gas-fired combustion sources are 

calculated using the CEM data for the 

mix drum gas stream which supplies 

them. For the Merox off-gas incinerator, 

FHR Pine Bend uses a CEM that directly 

measures the incinerator’s SO2

emissions. This SO2 CEM will be moved 

to the 31H–2 process heater when the 

Merox off-gas stream is directed to that 

heater. Data from the CEM will be used 

to determine compliance with the SO2

SIP emission limits at the 31H–2 heater. 

In a letter to EPA dated March 15, 2013, 

FHR Pine Bend explained its 

continuous emissions monitoring 

methods for sulfur and confirmed that it 

is already required to continuously 

measure the sulfur in the refinery fuel 

gas it combusts, and that its SO2

emissions calculations account for the 

different sulfur compounds present in 

the gas. Therefore, EPA is satisfied that 

FHR Pine Bend is correctly measuring 

its sulfur emissions and is already 

performing the continuous SO2

monitoring that the commenter expects. 

III. Final Action 

EPA is approving Minnesota’s August 

29, 2011, request to revise its SO2 SIP 

for FHR Pine Bend, in Dakota County. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (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 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 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, 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 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 94 / Wednesday, May 15, 2013 / Rules and Regulations 28503 

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 July 15, 2013. 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, 

Sulfur oxides. 

Dated: April 29, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.1220, the table in paragraph 

(d) is amended by revising the entry for 

‘‘Flint Hills Resources, L.P. (formerly 

Koch Petroleum)’’ to read as follows: 

§ 52.1220 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS

Name of source Permit No. 

State 

effective 

date 

EPA approval date Comments 

*******

Flint Hills Resources Pine Bend, 

LLC.

08/29/11 05/15/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS].Amendment Nine to Findings and 

Order. 

* * * * * * * 

* * * * * 

[FR Doc. 2013–11477 Filed 5–14–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2013–0021 and EPA–R05– 

OAR–2013–0022: FRL–9812–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Lake and Porter Counties, Indiana, 

1997 8-Hour Ozone Maintenance Plan 

and 1997 Annual Fine Particulate 

Matter Maintenance Plan Revision to 

Approved Motor Vehicle Emissions 

Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving Indiana’s 

request to revise the Lake and Porter 

Counties State Implementation Plans 

(SIPs) for the 1997 8-hour ozone 

standard, and the 1997 annual fine 

particulate matter (PM2.5) standard to 

replace the previously approved motor 

vehicle emissions budgets (budgets) 

with budgets developed using EPA’s 

Motor Vehicle Emissions Simulator 

(MOVES) 2010a emissions model. The 

Indiana Department of Environmental 

Management (IDEM) submitted these 

requests to EPA with submittal letters 

dated February 1, 2013. 

DATES: This direct final rule will be 

effective July 15, 2013, unless EPA 

receives adverse comments by June 14, 

2013. 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–2013–0021 and EPA–R05–OAR– 

0022, by one of the following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

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 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–2013– 

0021 for ozone or EPA–R05–OAR–0022 

for PM2.5. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

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 


TKELLEY on DSK3SPTVN1PROD with RULES