[Federal Register: April 21, 2009 (Volume 74, Number 75)]
[Rules and Regulations]
[Page 18138-18141]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap09-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-1045; FRL-8894-1]
Approval and Promulgation of Air Quality Implementation Plans;
Minnesota
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a site-specific revision to the Minnesota
sulfur dioxide (SO2) State Implementation Plan (SIP) for the Olmsted
Waste to Energy Facility (OWEF), located in Rochester, Olmsted County,
Minnesota. In its September 28, 2007, submittal, the Minnesota
Pollution Control Agency (MPCA) requested that EPA approve certain
conditions contained in OWEF's revised Federally enforceable Title V
operating permit into the Minnesota SO2 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 direct final rule will be effective June 22, 2009, unless
EPA receives adverse comments by May 21, 2009. 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-2007-1045, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 886-5824.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
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-
2007-1045. 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 e-mail.
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 e-
mail comment directly to EPA without going through 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
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 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 legal holidays. We
recommend that you telephone Christos Panos, Environmental Engineer, at
(312) 353-8328 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-8328, panos.christos@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. General Information
1. What is the Background for this Action?
2. What information did Minnesota submit, and what were its
requests?
3. Why is EPA Taking this Action?
4. What is a ``Title I Condition?''
II. What Action is EPA Taking?
III. Statutory and Executive Order Reviews
I. General Information
1. What is the Background for this Action?
OWEF, a municipal waste combustor facility owned by Olmsted County,
is located at 301 Silver Creek Road Northeast, in Rochester, Olmsted
County, Minnesota. The facility is a district heating and cooling plant
as well as an electric power generating station. Energy is produced
mainly through combustion of municipal solid waste in two mass burn
combustion units. The other emission units are a diesel generator that
provides emergency electrical power and occasional peaking capacity and
an auxiliary boiler used when the waste combustor is going through
maintenance. Minnesota originally submitted a Title V permit for OWEF
as part of the Minnesota SO2 SIP for Olmsted County on November 4,
1998. This Title V permit contains the SO2 emission limits and
operating restrictions imposed on the facility to provide for
attainment and maintenance of the SO2 National Ambient Air Quality
Standards (NAAQS).
2. What information did Minnesota submit, and what were its requests?
The SIP revision submitted by MPCA on September 28, 2007, consists
of Minnesota Air Emission Permit No. 10900005-002, issued to OWEF on
August 23, 2007, which serves as a joint Title I/Title V document. The
state has requested that EPA approve only the portions of the permit
cited as ``Title I
[[Page 18139]]
condition: State Implementation Plan for SO2'' into the Minnesota SO2
SIP.
Minnesota held a public hearing regarding the SIP revision and the
joint Title I/Title V document on August 2, 2007. No comments were
received at the public meeting nor during the 30-day public comment
period.
3. Why is EPA Taking this Action?
EPA is taking this action because the state's submittal for OWEF is
fully approvable. The SIP revision provides for attainment and
maintenance of the SO2 NAAQS and satisfies the applicable SO2
requirements of the Act.
Under current SIP conditions, waste combustor units (EU 001 and EU
002) are equipped with Continuous Emission Monitors (CEMs) to monitor
SO2 and are collectively limited to 67 pounds per hour (lbs/hr) SO2 on
a 24-hour block average and 154 lbs/hr on a 3-hour block average. Their
combined SO2 emissions are also limited to 22.6 lbs/hr using a 365 day
rolling average through a non-SIP Title I condition which is necessary
to keep the source at non-major levels for SO2. The emergency diesel
generator (EU 003) is limited to 48,000 gallons per year of 0.05
percent sulfur content fuel oil using a 12-month rolling sum. The
auxiliary boiler (EU 004) is subject to operating restrictions when
burning fuel oil and is limited to 286,000 gallons of 0.05 percent
sulfur content fuel oil per year. The facility is required to retain
fuel oil receipts or test for the sulfur content. The SIP also contains
provisions relating to recordkeeping and the reporting of deviations
from sulfur content requirements.
Requested changes to the facility include: (1) The addition of a
new municipal waste combustor unit (EU 007) with a capacity of 200 tons
per day, doubling the facility's total capacity; (2) the replacement of
the existing 1200 kilowatt (kW) emergency diesel generator (EU 003)
with a larger, 1750 kW emergency generator (EU 008); (3) the addition
of a stack for the new emergency generator, raising the stack height
from near ground level to about 50 feet; and, (4) the removal of the
operating restriction that prevents the operation of the auxiliary
boiler (EU 004) when more than one waste combustor is in operation,
allowing the facility the flexibility to simultaneously operate all
three combustor units and the auxiliary boiler.
The current SIP emission limits will be maintained for the existing
waste combustor units (EU 001 and EU 002), but there will be additional
emissions limits added to the SIP based on Federal standards in 40 CFR
part 62, which will result in limited emissions of 77 parts per million
(ppm) or 16.3 lbs/hour, based on a 24-hour average. The new waste
combustor (EU 007) will have limited SO2 emissions in the SIP of 30 ppm
by dry volume, using a 24-hour geometric average based on Federal
standards found in 40 CFR part 62. The new emergency diesel generator
(EU 008), primarily used for backup and shutdown purposes, will
continue to be limited to 48,000 gallons per year of fuel oil using a
12-month rolling sum, and under most situations would not be used while
all of the waste combustor units are in continuous operation. Finally,
the auxiliary boiler (EU 004) can be fired on fuel oil or natural gas,
with a limit of 286,000 gallons per year of fuel oil.
Further, since the last SIP revision to the facility, the existing
waste combustor units (EU 001 and EU 002) have undergone an air
pollution control retrofit project including installation of spray-
dryer absorbers (SDAs) for control of SO2 emissions. The emission rates
from the auxiliary boiler (EU 004) and the new emergency diesel
generator (EU 008), when in operation, will decrease based on a
reduction in the allowable sulfur content of the fuel to 0.0015% by
weight from the current limit of 0.05% by weight. The emergency diesel
generator will also now exhaust through a 50 foot stack, rather than a
ground-level grate, improving pollutant dispersion.
The previous air quality dispersion modeling for the SIP, conducted
in 1998, was done prior to the installation of SO2 controls on the
existing waste combustor units (EU 001 and EU 002). The existing
emergency diesel generator (EU 003) was modeled using ``very low
sulfur'' (500 ppm) distillate oil, and exhausting through a ground-
level grate. The auxiliary boiler (EU 004) was also modeled using very
low sulfur distillate oil, resulting in various permit restrictions on
the amount of distillate oil that could be fired relative to the
operating state of Units 1 and 2.
Revised air dispersion modeling was conducted using the AERMOD
model with Rochester meteorological data to ensure continued attainment
of the SO2 NAAQS in the area. Based on the modeling results, the
requested changes to the SIP for OWEF described above have
significantly less impacts than currently allowed under the existing
SIP. The impacts of the desired future SIP scenario, when compared to
the current operating scenarios in the SIP, were approximately 50%
lower for average annual emissions, between 2-7% lower for 24-hour
emissions and 2-12% lower for 3-hour emissions, thereby demonstrating
that emissions at OWEF will remain below the applicable SO2 NAAQS.
4. 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 consolidated permitting regulations, approved into the
Minnesota SIP on May 2, 1995 (60 FR 21447), include 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 also initiated using joint Title I/Title V documents
as the enforceable document for imposing emission limitations and
compliance requirements in SIPs. The SIP requirements in joint Title I/
Title V documents submitted by MPCA are cited as ``Title I
conditions,'' therefore ensuring that SIP requirements remain permanent
and enforceable. EPA reviewed the state's procedure for using joint
Title I/Title V documents 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). Further, a June 15, 2006, letter from EPA to MPCA clarifies
procedures to transfer requirements from Administrative Orders to joint
Title I/Title V documents.
II. What Action Is EPA Taking?
EPA is approving into the Minnesota SO2 SIP certain portions of
Minnesota Air Emission Permit No. 10900005-002, issued to OWEF on
August 23, 2007.
[[Page 18140]]
Specifically, EPA is only approving into the SIP those portions of the
joint Title I/Title V document cited as ``Title I condition: State
Implementation Plan for SO2.'' In addition, EPA is removing from the
Minnesota SO2 SIP all other references to Title I conditions for OWEF
that are not relevant to attainment of the NAAQS.
We are 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
written comments are filed. This rule will be effective June 22, 2009
without further notice unless we receive relevant adverse written
comments by May 21, 2009. 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 June 22, 2009.
III. Statutory and Executive Order Reviews
Under the Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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 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 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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 22, 2009. 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, Reporting and recordkeeping
requirements, Sulfur dioxide.
Dated: March 30, 2009.
Walter W. Kovalick Jr.,
Acting 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
0
2. In Sec. 52.1220 the table in paragraph (d) is amended by revising
the entry for ``Olmsted County, Olmsted Waste-to-Energy Facility'' to
read as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Minnesota Source-Specific Permits
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State
Name of source Permit No. effective EPA approval Comments
date date
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* * * * * * *
Olmsted County, Olmsted Waste- 10900005-002 08/23/07 04/21/09, Only conditions cited as ``Title
to-Energy Facility. [Insert page I condition: SIP for SO2.''
number where
the document
begins].
[[Page 18141]]
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[FR Doc. E9-9040 Filed 4-20-09; 8:45 am]
BILLING CODE 6560-50-P