[Federal Register: April 24, 2009 (Volume 74, Number 78)]
[Rules and Regulations]
[Page 18634-18638]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap09-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2008-0239; FRL-8896-3]
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 site specific revisions to the Minnesota
sulfur dioxide (SO2) State Implementation Plan (SIP) for the
Federal Cartridge Company and Hoffman Enclosures, located in the city
of Anoka, Anoka County, Minnesota. On March 3, 2008, the Minnesota
Pollution Control Agency (MPCA) requested that EPA approve certain
portions of joint Title I/Title V documents into the Minnesota
SO2 SIP for Federal Cartridge Company and Hoffman
Enclosures. The state is also requesting in this submittal that EPA
rescind the Administrative Order issued to Federal Hoffman, Inc. which
is currently included in Minnesota's SIP for SO2. The
emissions units previously owned by Federal Hoffman, Inc., are now
owned by Federal Cartridge Company and Hoffman Enclosures. Because the
sulfur dioxide emission limits are being reduced, the air quality of
Anoka County will be protected.
[[Page 18635]]
DATES: This direct final rule will be effective June 23, 2009, unless
EPA receives adverse comments by May 26, 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-2008-0239, 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) 692-2551.
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-
2008-0239. 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 Federal holidays.
We recommend that you telephone Gilberto Alvarez, Environmental
Scientist, at (312) 886-6143 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Gilberto Alvarez, Environmental
Scientist, Criteria Pollutant Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6143,
alvarez.gilberto@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. What Is EPA Approving?
II. What Is the Background for This Action?
III. What Is EPA's Analysis of the State Submission?
IV. What Are the Environmental Effects of This Action?
V. What Action Is EPA Taking?
VI. Statutory and Executive Order Reviews
I. What Is EPA Approving?
EPA is approving into the SO2 SIP for Minnesota joint
Title I/Title V documents for Federal Cartridge Company and Hoffman
Enclosures, located in Anoka, Minnesota. This SIP amendment approval
will replace the Administrative Order issued to Federal Hoffman, Inc.
with the joint documents issued to Federal Cartridge Company and
Hoffman Enclosures.
II. What Is the Background for This Action?
A. What Are the Revisions to the SIP?
The SIP is being amended to reflect a change in ownership of the
facility and the emissions units that are subject to SIP conditions.
The Administrative Order currently approved into the SIP was issued to
Federal Hoffman, Inc. The emission units previously owned by Federal
Hoffman, Inc. are now owned by two companies, Federal Cartridge Company
and Hoffman Enclosures. The SIP revision rescinds the Administrative
Order issued to Federal Hoffman, Inc. and replaces it with Title I SIP
Conditions included in the Air Emission Permit No. 00300155-001, for
Hoffman Enclosures, and Permit No. 00300156-003, for Federal Cartridge
Company, which serve as joint Title I/Title V documents.
Federal Cartridge Company is a manufacturer of small arms, shotgun,
rimfire and centerfire ammunitions. The facility currently owns the
majority of emissions units that are subject to SO2 emission
limits or operating standards under the Order issued to Federal
Hoffman, Inc. The only changes to the SIP for units owned by Federal
Cartridge Company are fuel restrictions for two steam boilers.
Previously, they were allowed to burn natural gas and residual fuel
oil. They are now limited to burning natural gas and propane, both low
sulfur fuels.
Hoffman Enclosures manufactures sheet metal electrical enclosures.
Hoffman Enclosures previously owned and operated a single emergency
diesel generator subject to SIP conditions through the Order issued to
Federal Hoffman, Inc. This unit has been decommissioned and is no
longer in use, resulting in a reduction in SO2. Hoffman
Enclosures installed one other combustion unit on the site, an
emergency fire pump. This unit may only burn No. 2 diesel fuel, and at
maximum capacity has the potential to emit 0.29 pounds per million
British Thermal Units. This unit is very small and only operates under
emergency conditions. Modeling performed in support of the original SIP
for Federal Hoffman, Inc., attributed the majority of SO2
emissions to the burning of residual fuel oil in one boiler. Since this
type of fuel will no longer be burned, overall ambient concentrations
of SO2 are expected to decrease.
B. What Prior SIP Actions Are Pertinent to This Action?
On December 28, 2007, MPCA issued an Air Emission Permit No.
00300156-003 to Federal Cartridge Company. The permit is a joint Title
I/Title V document. The main emissions from the facility are nitrogen
oxides (NOX). The permit limits the NOX and
Hazardous Air Pollutants (HAPs) emissions of the facility such that the
facility is classified
[[Page 18636]]
as a non-major source under Federal New Source Review. The facility is
part of the SIP to reach attainment of SO2 National Ambient
Air Quality Standards (NAAQS) in the Twin Cities area. The Title I
conditions contained in the permit will ultimately be included in the
SIP, and will replace the Administrative Order.
On January 31, 2008, MPCA issued an Air Emission Permit No.
00300155-001 to Hoffman Enclosures. The permit is a joint Title I/Title
V document. The main emissions from the facility are VOCs and HAPs. The
permit limits emissions of the facility such that the facility is
classified as a non-major source under federal New Source Review. The
facility is part of the SIP to reach attainment of SO2 NAAQS
in the Twin Cities area. The Title I conditions contained in the permit
will ultimately be included in the SIP, and will replace the
Administrative Order.
C. Has Public Notice Been Provided?
MPCA published public notices for the Federal Cartridge Company and
Hoffman Enclosures actions on November 27, 2007, and December 20, 2007,
respectively. No comments were received during the comment period which
ended on January 22, 2008. In the public notices, MPCA stated it would
hold a public hearing if one were requested during the comment period.
This follows the alternative public participation process EPA approved
on June 5, 2006 (71 FR 32274). For limited types of SIP revisions that
the public has shown little interest in, a public hearing is not
automatically required. If anyone requests a public hearing during the
comment period, MPCA will hold a public hearing. Because no one
requested a public hearing, MPCA did not hold a public hearing for
these SIP revisions.
D. What Are Title I Conditions and Joint Title I/Title V Documents?
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. MPCA then issued permanent Administrative Orders to culpable
sources in nonattainment areas from 1991 to February of 1996.
MPCA's consolidated permitting regulations, which EPA approved into
the state 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.''
MPCA has 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 Clean Air
Act (CAA) (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.
III. What Is EPA's Analysis of the State Submission?
Federal Hoffman, Inc., owned units included in the SO2
SIP for the Twin Cities area. The changes made in this SIP revision are
changes to the ownership of various units that are subject to SIP
requirements, as well as changes to the enforceable document. The
emissions units previously owned by Federal Hoffman, Inc. are now owned
by Federal Cartridge Company and Hoffman Enclosures.
A modeling analysis conducted for the Federal Hoffman facility SIP
revision showed that the majority of the SO2 emissions
impact came from the burning of residual fuel oil in one of the
boilers. As this type of fuel will no longer be burned, the ambient
concentration of SO2 will decrease.
IV. What Are the Environmental Effects of This Action?
Ambient SO2 levels are expected to decrease because of
the SIP revisions. Thus, the Anoka County area in Minnesota is expected
to remain in attainment of the SO2 NAAQS.
SO2 causes breathing difficulties and aggravation of
existing cardiovascular disease. It is also a precursor of acid rain
and fine particulate matter formation. Sulfate particles are a major
cause of visibility impairment in the United States. Acid rain damages
lakes and streams, impairing aquatic life, and causes damage to
buildings, sculptures, statues and monuments. SO2 also
causes the loss of chlorophyll leading to vegetation damage.
V. What Action Is EPA Taking?
EPA is approving site specific revisions to the Minnesota
SO2 SIP for the Federal Cartridge Company and Hoffman
Enclosures, located in the city of Anoka, Anoka County, Minnesota. The
SIP revision also rescinds the Administrative Order issued to Federal
Hoffman, Inc. and replaces it with a Title I SIP Conditions included in
the Air Emission Permit No. 00300155-001, for Hoffman Enclosures, and
Permit No. 00300156-003, for Federal Cartridge Company, which serves as
joint Title I/Title V documents.
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 23, 2009
without further notice unless we receive relevant adverse written
comments by May 26, 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. 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 23, 2009.
VI. Statutory and Executive Order Reviews
Under the 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
[[Page 18637]]
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 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 June 23, 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 oxides.
Dated: April 9, 2009.
Bharat Mathur,
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 removing
the entry for ``Federal Hoffman, Incorporated'' and adding entries, in
alphabetical order, for ``Federal Cartridge Company'' and ``Hoffman
Enclosures'' to read as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Minnesota Source-Specific Permits
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State effective
Name of source Permit No. date EPA approval date Comments
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* * * * * * *
Federal Cartridge Company......... 00300156-003 12/28/07 04/24/09, [Insert Only conditions
page number where cited as ``Title I
the document condition: SIP for
begins]. SO2 NAAQS.''
* * * * * * *
Hoffman Enclosures................ 00300155-001 01/31/08 04/24/09, [Insert Only conditions
page number where cited as ``Title I
the document condition: SIP for
begins]. SO2 NAAQS.''
* * * * * * *
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[FR Doc. E9-9361 Filed 4-23-09; 8:45 am]
BILLING CODE 6560-50-P