[Federal Register: August 18, 2004 (Volume 69, Number 159)]
[Rules and Regulations]
[Page 51181-51184]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au04-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2004-MN-0001; FRL-7794-5]
Approval and Promulgation of Implementation Plans; Minnesota;
Sulfur Dioxide; United Defense
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving a revision to Minnesota's State
Implementation Plan (SIP) for Sulfur Dioxide (SO2) for the
United Defense, LP facility located in Anoka County at 4800 East River
Road, Fridley, Minesota. This revision replaces the Administrative
Order, originally issued to the facility on May 27, 1992, with a Title
V permit containing non-expiring Title I SIP conditions, issued on
November 25, 2002. The Minnesota Pollution Control Agency (MPCA)
submitted this SIP revision on December 19, 2002.
DATES: This ``direct final'' rule is effective on October 18, 2004,
unless EPA receives adverse written comments by September 17, 2004. If
adverse comment is received, EPA will publish a timely withdrawal of
the rule in the Federal Register and inform the public that the rule
will not take effect.
[[Page 51182]]
ADDRESSES: Submit comments, identified by Docket ID No. R05-OAR-2004-
MN-0001 by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
E-mail: bortzer.jay@epa.gov.
Fax: (312) 886-5824.
Mail: You may send written comments to: J. Elmer Bortzer, Chief,
Air Programs Branch, (AR-18J), Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief,
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 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to Docket ID No. R05-OAR-2004-
MN-0001. EPA's policy is that all comments received will be included in
the public docket without change, 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 regulations.gov, or
e-mail. The federal 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
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. For
additional instructions on submitting comments, go to section I of the
SUPPLEMENTARY INFORMATION section of the related proposed rule which is
published in the proposed rules section of this Federal Register.
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. 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. Publicly available docket materials are available either
electronically in EDOCKET or in hard copy at Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. (We recommend that you telephone
Kathleen D'Agostino, Environmental Engineer, at (312) 886-1767 before
visiting the Region 5 office.) This Facility is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), EPA
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
886-1767, dagostino.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION: This SUPPLEMENTARY INFORMATION section is
organized as follows:
I. General Information
A. Does this Action Apply to Me?
B. How Can I Get Copies of This Document and Other Related
Information?
C. How and To Whom Do I Submit Comments?
II. What Has Minnesota Submitted?
III. Did Minnesota Hold a Public Hearing?
IV. What Action is EPA Taking?
V. Statutory and Executive Order Reviews
I. General Information
A. Does This Action Apply to Me?
This action is rulemaking on a Sulfur Dioxide plan for the United
Defense, LP facility located in Anoka County.
B. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an electronic public
rulemaking file available for inspection on EDOCKET and a hard copy
file which is available for inspection at the Regional Office. EPA has
established an official public rulemaking file for this action under
Docket ID No. R05-OAR-2004-MN-0001. 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 person
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 a.m. to 4:30 p.m. 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.
C. 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 ``R05-OAR-
2004-MN-0001'' 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.
For detailed instructions on submitting public comments and on what
to consider as you prepare your comments see the ADDRESSES section and
the section I General Information of
[[Page 51183]]
the SUPPLEMENTARY INFORMATION section of the related proposed rule
which is published in the proposed rules section of this Federal
Register.
II. What Has Minnesota Submitted?
On December 19, 2002, the MPCA submitted a revision to Minnesota's
SIP for SO2 for the United Defense, LP facility located in
Anoka County at 4800 East River Road, Fridley, Minnesota. This revision
replaces the Administrative Order, originally issued to the facility on
May 27, 1992, with a Title V permit containing non-expiring Title I SIP
conditions, issued on November 25, 2002.
In addition to changing the form of the SIP for United Defense, the
revision reflects several operational changes which result in reduced
modeled ambient SO2 impacts. The revised SIP reflects the
fact that several older boilers were replaced by three newer units
according to the schedule in the original Administrative Order. In
addition, non-expiring permit conditions limit the sulfur content in
the fuel used, whereas the Administrative order set emission limits for
SO2. The new boilers are restricted to using either natural
gas or No. 2 fuel oil with a maximum of 0.05 percent sulfur by weight;
the Administrative Order allowed up to 0.40 percent sulfur. Standby
generators are restricted to using diesel fuel with a maximum sulfur
content of 0.05 percent; the Administrative Order allowed up to 0.50
percent sulfur. The permit no longer allows the use of waste oil, with
up to 1.9 percent sulfur, which had been allowed by the Administrative
Order. To demonstrate compliance with these provisions, the facility is
required to obtain and maintain written documentation of each shipment
of No. 2 fuel oil and diesel fuel oil received for the boilers. The
documentation must include the sulfur content of the fuel and the
method used to determine the sulfur content.
The facility has also established federally enforceable emission
limits for volatile organic compounds, nitrogen oxides, hazardous air
pollutants, particulate matter, and total particulate matter to avoid
classification as a major source under new source review or national
emission standards for hazardous air pollutants.
Minnesota has submitted updated dispersion modeling to support the
proposed changes at the facility.
III. Did Minnesota Hold a Public Hearing?
Under Minnesota administrative procedures, the MPCA may publish a
public notice and offer the opportunity for a public hearing in lieu of
automatically holding a hearing. The MPCA published notice of its
intended action on this permit and SIP revision; instituted a public
comment period which ran from October 17, 2002, to November 15, 2002;
and offered the opportunity for interested persons to request that MPCA
hold a public information meeting, request that MPCA hold a contested
case hearing, and/or submit a petition to the Commissioner requesting
that the MPCA Board consider the permit matter. The MPCA received no
comments pertaining to the SIP conditions and there were no requests
for a public hearing.
IV. What Action Is EPA Taking?
EPA is approving the December 19, 2002, revision to SIP for
SO2 for the United Defense, LP facility located in Anoka
County at 4800 East River Road, Fridley, Minnesota. The recordkeeping
requirements are appropriate to demonstrate compliance with sulfur
content limits and the state has demonstrated through appropriate use
of dispersion modeling that the area remains in attainment of the
National Ambient Air Quality Standards for SO2.
V. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
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.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
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).
Regulatory Flexibility Act
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.).
Unfunded Mandates Reform Act
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 (Pub. L. 104-4).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
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).
Executive Order 13132: Federalism
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.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
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.
National Technology Transfer Advancement Act
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.
[[Page 51184]]
Paperwork Reduction Act
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.).
Congressional Review Act
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 rule 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, 2004. 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, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: July 19, 2004.
Norman Niedergang,
Acting Regional Administrator, Region 5.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations 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
0
2. Section 52.1220 is amended by adding paragraph (c)(65) to read as
follows:
Sec. 52.1220 Identification of plan.
* * * * *
(c) * * *
(65) The Minnesota Pollution Control Agency submitted a revision to
Minnesota's State Implementation Plan for sulfur dioxide on December
19, 2002. This revision consists of a Title V permit for the United
Defense, LP facility located in Anoka County at 4800 East River Road,
Fridley, Minnesota. The Permit contains non-expiring Title I SIP
conditions.
(i) Incorporation by reference.
(A) Title I conditions contained in the November 25, 2002, Title V
permit (permit number 00300020-001) issued to the United Defense, LP
facility located in Anoka County at 4800 East River Road, Fridley,
Minnesota.
[FR Doc. 04-18766 Filed 8-17-04; 8:45 am]
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