[Federal Register: September 2, 2003 (Volume 68, Number 169)]
[Rules and Regulations]
[Page 52106-52110]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se03-13]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MN73-1-7298a; FRL-7541-5]
Approval and Promulgation of Implementation Plans; Minnesota
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency is approving a site-
specific revision to the Minnesota particulate matter (PM) State
Implementation Plan (SIP) for Lafarge Corporation's (Lafarge) facility
located on Red Rock Road in Saint Paul, Ramsey County, Minnesota. By
its submittal dated July 18, 2002, the Minnesota Pollution Control
Agency (MPCA) requested that EPA approve Lafarge's state operating
permit into the Minnesota PM SIP. The request is approvable because it
meets the requirements of the Clean Air Act (Act). The rationale for
the approval and other information are provided in this rulemaking
action.
[[Page 52107]]
DATES: This direct final rule will be effective November 3, 2003,
unless EPA receives adverse comment by October 2, 2003. If EPA receives
adverse comments, 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: Written comments may be mailed to: Carlton Nash, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), United
States Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
Comments may also be submitted electronically or through hand
delivery/courier, please follow the detailed instructions described in
part (I)(B)(1)(i) through (iii) of the Supplementary Information
section.
Copies of the documents relevant to this action are available for
inspection during normal business hours at the above address. (Please
telephone Christos Panos at (312) 353-8328, before visiting the Region
5 office.)
A copy of the SIP revision is available for inspection at the
Office of Air and Radiation (OAR) Docket and Information Center (Air
Docket 6102), Room M1500, United States Environmental Protection
Agency, 401 M Street SW., Washington, DC 20460, (202) 260-7548.
FOR FURTHER INFORMATION CONTACT: Christos Panos, Regulation Development
Section, Air Programs Branch (AR-18J), Air and Radiation Division,
United States Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8328.
panos.christos@epa.gov.
SUPPLEMENTARY INFORMATION: This supplemental information section is
organized as follows:
I. General Information.
II. EPA Action and Review.
1. What action is EPA taking today?
2. Why is EPA taking this action?
III. Background on Minnesota Submittal.
1. What is the background for this action?
2. What information did Minnesota submit, and what were its
requests?
3. What is a ``Title I Condition?''
IV. Final Rulemaking Action.
V. Administrative Requirements.
I. General Information.
A. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office. EPA
has established an official public rulemaking file for this action
under ``Region 5 Air Docket MN73''. The official public file consists
of the documents specifically referenced in this action, any public
comments received, and other information related to this action.
Although a part of the official docket, the public rulemaking file does
not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public rulemaking file is the collection of materials that is available
for public viewing at the Air Programs Branch, Air and Radiation
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois
60604. EPA requests that if at all possible, you contact the contact
listed in the For Further Information Contact section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30 excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the Regulations.gov Web site located at http://www.regulations.gov
where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket MN73'' in
the subject line on the first page of your comment. Please ensure that
your comments are submitted within the specified comment period.
Comments received after the close of the comment period will be marked
``late.'' EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. 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.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
nash.carlton@epa.gov. Please include the text ``Public comment on
proposed rulemaking Region 5 Air Docket MN73'' in the subject line.
EPA's e-mail system is not an ``anonymous access'' system. If you send
an e-mail comment directly without going through Regulations.gov, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket.
ii. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then click on the button
``TO SEARCH FOR REGULATIONS CLICK HERE'', and select Environmental
Protection Agency as the Agency name to search on. The list of current
EPA actions available for comment will be listed. Please follow the
online instructions for submitting comments. The system is an
``anonymous access'' system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII
[[Page 52108]]
file format. Avoid the use of special characters and any form of
encryption.
2. By Mail. Send your comments to: Carlton Nash, Chief, Regulation
Development Section, Air Programs Branch, (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Please include the text ``Public comment on proposed
rulemaking Regional Air Docket MN73'' in the subject line on the first
page of your comment.
3. By Hand Delivery or Courier. Deliver your comments to: Carlton
Nash, Chief, Regulation Development Section, Air Programs Branch, (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30 excluding Federal holidays.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
II. EPA Action and Review
1. What Action Is EPA Taking Today?
In this action, EPA is approving into the Minnesota PM SIP certain
portions of Minnesota Air Emission Permit No. 12300353-002, issued to
Lafarge Corporation--Red Rock Terminal on May 7, 2002. Specifically,
EPA is only approving into the SIP those portions of the permit cited
as ``Title I condition: SIP for PM10 NAAQS.''
2. Why Is EPA Taking This Action?
EPA is taking this action because the state's request does not
change any of the emission limitations currently in the SIP. The
revised permit includes the addition of a pneumatic vacuum pump and a
new cement silo. The revision to the SIP does not approve any new
construction or allow an increase in emissions, thereby continuing to
provide for attainment and maintenance of the PM National Ambient Air
Quality Standards (NAAQS) and satisfying the applicable PM requirements
of the Act.
The pneumatic vacuum pump, which was in place and already
controlled by a baghouse, had inadvertently been omitted from the Red
Rock Road permit approved into the SIP by EPA in 1999. After consulting
EPA, MPCA was advised that a major amendment to the permit was not
needed to include this existing unit and that the pneumatic vacuum pump
unit should be added into the permit during the next major amendment.
Therefore, MPCA included the emission unit and baghouse in the 2002
permit amendment.
The 2002 permit includes a major amendment authorizing the
additional emission point associated with a new cement silo. The silo
emissions are to be controlled by a baghouse located on the top of the
silo. Although actual emissions of PM from the facility would most
likely decrease, the installation of the new unit did change the
modeling parameters for the facility, thereby requiring a revision to
the SIP.
III. Background on Minnesota Submittal
1. What Is the Background for This Action?
Lafarge's Red Rock Road facility is located at 1363 Red Rock Road
in Saint Paul, Ramsey County, Minnesota. On July 22, 1998, MPCA
submitted to EPA a SIP revision for Ramsey County, Minnesota, for the
control of PM emissions from certain sources located along Red Rock
Road. Included in this submittal was a state operating permit for
Lafarge Corporation (Air Emission Permit No. 12300353-001 issued by
MPCA on April 14, 1998), which includes and identifies the Title I SIP
conditions for the Red Rock Road facility. The EPA took final action
approving the Lafarge Red Rock Road permit into the PM SIP on August
13, 1999 (64 FR 44131).
2. What Information Did Minnesota Submit, and What Were Its Requests?
The SIP revision submitted by MPCA on July 18, 2002, consists of a
revised state operating permit issued to the Lafarge Red Rock Road
facility. The state has requested that EPA approve the following: the
inclusion into the Minnesota PM SIP of only the portions of the revised
Lafarge--Red Rock Terminal permit cited as ``Title I condition: SIP for
PM10 NAAQS.''
3. What Is a ``Title I Condition?''
SIP control measures were contained in permits issued to culpable
sources in Minnesota until 1990 when EPA determined that limits in
state-issued permits are not federally enforceable because the permits
expire. The state then issued permanent Administrative Orders to
culpable sources in nonattainment areas from 1991 to February of 1996.
Minnesota's Title V permitting rule, approved into the state SIP on
May 2, 1995 (60 FR 21447), includes the term ``Title I condition''
which was written, in part, to satisfy EPA requirements that SIP
control measures remain permanent. A ``Title I condition'' is defined
as ``any condition based on source-specific determination of ambient
impacts imposed for the purposes of achieving or maintaining attainment
with the national ambient air quality standard and which was part of
the state implementation plan approved by EPA or submitted to the EPA
pending approval under section 110 of the act * * *'' The rule also
states that ``Title I conditions and the permittee's obligation to
comply with them, shall not expire, regardless of the expiration of the
other conditions of the permit.'' Further, ``any title I condition
shall remain in effect without regard to permit expiration or
reissuance, and shall be restated in the reissued permit.''
Minnesota has since resumed using permits as the enforceable
document for imposing emission limitations and compliance requirements
in SIPs. The SIP requirements in the permit submitted by MPCA are cited
as ``Title I condition: SIP for PM10 NAAQS,'' therefore assuring that
the SIP requirements will remain permanent and enforceable. In
addition, EPA reviewed the state's procedure for using permits to
implement site-specific SIP requirements and found it to be acceptable
under both Titles I and V of the Act (July 3, 1997 letter from David
Kee, EPA, to Michael J. Sandusky, MPCA). The MPCA has committed to
using this procedure if the Title I SIP conditions in the permit issued
to the
[[Page 52109]]
Lafarge Red Rock Road facility and included in the SIP submittal need
to be revised in the future.
IV. Final Rulemaking Action
EPA is approving the site-specific SIP revision for the Lafarge Red
Rock Road facility, located in Saint Paul, Ramsey County, Minnesota.
Specifically, EPA is approving into the SIP only those portions of
Lafarge's state operating permit cited as ``Title I condition: SIP for
PM10 NAAQS.''
The EPA is 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
comments are filed. This rule will be effective November 3, 2003
without further notice unless we receive relevant adverse comments by
October 2, 2003. 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. We will then address all public
comments received 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 November
3, 2003.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future implementation
plan. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. Section 804 exempts from section 801 the following types
of rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding this action under section 801 because
this is a rule of particular applicability.
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 November 3, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 16, 2003.
Norman Neidergang,
Acting Regional Administrator, Region 5.
0
Title 40 of the Code of Federal Regulations, chapter I, 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. 7401-7671q.
0
2. Section 52.1220 is amended by adding paragraph (c)(64) to read as
follows:
Sec. 52.1220 Identification of plan.
* * * * *
(c) * * *
(64) On July 18, 2002, the State of Minnesota submitted a site-
specific revision to the Minnesota particulate matter (PM) SIP for the
Lafarge Corporation (Lafarge) Red Rock Road facility, located in Saint
Paul, Ramsey County, Minnesota. Specifically, EPA is
[[Page 52110]]
approving into the PM SIP only those portions of the Lafarge Red Rock
Road facility state operating permit cited as ``Title I condition: SIP
for PM10 NAAQS.''
(i) Incorporation by reference.
(A) AIR EMISSION PERMIT NO. 12300353-002, issued by the Minnesota
Pollution Control Agency (MPCA) to Lafarge Corporation--Red Rock
Terminal on May 7, 2002, Title I conditions only.
[FR Doc. 03-22157 Filed 8-29-03; 8:45 am]
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