[Federal Register: August 19, 2004 (Volume 69, Number 160)]
[Rules and Regulations]
[Page 51371-51373]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au04-7]
[[Page 51371]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MN73-3; FRL-7794-8]
Approval and Promulgation of State Implementation Plans;
Minnesota
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA 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 satisfies the requirements of the
Clean Air Act (Act). The rationale for the approval and other
information are provided in this rulemaking action.
DATES: This rule is effective September 20, 2004.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. MN-73. All documents in the docket are listed in the index.
Although listed in the index, some information is not publicly
available, i.e., confidential business information (CBI) or other
information where disclosure is restricted by statute. Publicly
available docket materials are available in hard copy at the following
address: United States Environmental Protection Agency, Region 5, Air
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois
60604. The Docket Facility is open during normal business hours, Monday
through Friday, excluding legal holidays. We recommend that you
telephone Christos Panos at (312) 353-8328, before visiting the Region
5 office.
FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch, United
States Environmental Protection Agency, Region 5, Mailcode AR-18J, 77
West Jackson Boulevard, Chicago, Illinois 60604. Telephone: (312) 353-
8328. E-mail address: panos.christos@epa.gov.
SUPPLEMENTARY INFORMATION: This supplemental information section is
organized as follows:
I. Does this Action Apply to Me?
II. What Action Is EPA Taking Today?
1. 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. Statutory and Executive Order Reviews
General Information
I. Does This Action Apply to Me?
This action applies to a single source, Lafarge Corporation's
facility located on Red Rock Road in Saint Paul, Ramsey County,
Minnesota.
II. 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.''
1. 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 providing 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:
``(1) The inclusion of only the portions of the revised Lafarge-
Rock Terminal permit cited as ``Title I condition: SIP for PM10 NAAQS''
into the Minnesota PM SIP.''
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
[[Page 51372]]
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 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.''
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 (Public Law 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
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTA), 15 U.S.C. 272, requires Federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry our policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impracticable. In
reviewing program submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the Act. Absent a prior
existing requirement for the State to use voluntary consensus
standards, EPA has no authority to disapprove a program submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the
Act. Therefore, the requirements of section 12(d) of the NTTA do not
apply.
Civil Justice Reform
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
Governmental Interference With Constitutionally Protected Property
Rights
EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order, and has determined that the rule's
requirements do not constitute a taking.
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, EPA 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
[[Page 51373]]
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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: July 21, 2004.
Norman Niedergang,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of 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.
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 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. 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. 04-18953 Filed 8-18-04; 8:45 am]
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