[Federal Register Volume 72, Number 138 (Thursday, July 19, 2007)]
[Rules and Regulations]
[Pages 39566-39568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13785]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0772; FRL-8439-8]
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 revisions to the Minnesota State
Implementation Plan (SIP) for sulfur dioxide (SO2) submitted
on April 23, 2007. Specifically, the revisions involve Continental
Nitrogen & Resource Corporation (Continental Nitrogen) of Dakota
County, Minnesota. The emission limits for the Continental Nitrogen
steam boilers have been removed. Continental Nitrogen has physically
disconnected its three boilers. The boilers cannot operate, thus there
are no emissions.
DATES: This direct final rule will be effective September 17, 2007,
unless EPA receives adverse comments by August 20, 2007. 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-2006-0772, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
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-
2006-0772. 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
[[Page 39567]]
holidays. We recommend that you telephone Matt Rau, Environment
Engineer, at (312) 886-6524 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, [email protected].
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 the Background for This Action?
II. What Is EPA's Analysis of the State Submission?
III. What Are the Environmental Effects of This Action?
IV. What Action Is EPA Taking?
V. Statutory and Executive Order Reviews
I. What Is the Background for This Action?
Continental Nitrogen operates its facility in the Pine Bend area of
Rosemount, Minnesota. Minnesota's Findings and Order Amendment One
contains the SO2 limits for Continental Nitrogen's boilers,
Emission Point numbers 1, 2, and 3. EPA approved these emission limits
into the Minnesota SIP on September 9, 1994. Sulfur dioxide emissions
from the boilers are limited to 1.5 pounds per million British Thermal
Units. The Findings and Order also restricts the quantity of Number 6
fuel oil that Continental Nitrogen can use and includes recordkeeping
requirements.
Continental Nitrogen informed the Minnesota Pollution Control
Agency (PCA) that its three boilers are permanently shut down. The
boilers cannot be operated. On April 23, 2007, Minnesota PCA requested
that SO2 limits for the boilers be removed from the SIP.
II. What Is EPA's Analysis of the State Submission?
Minnesota supplied information on the Continental Nitrogen boilers.
The three steam boilers at this facility have been physically
disconnected. In addition, the fuel train to boilers has been
disassembled, making the boilers inoperable. As a result, there will be
no SO2 emissions from Emission Points 1, 2, or 3. Rescinding
the Findings and Order will relieve Continental Nitrogen from future
recordkeeping requirements under the Findings and Order.
III. What Are the Environmental Effects of This Action?
Sulfur dioxide 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 America. Acid rain damages lakes and
streams impairing aquatic life and causes damage to buildings,
sculptures, statues, and monuments. Sulfur dioxide also causes the loss
of chloroform leading to vegetation damage.
Continental Nitrogen has permanently shut down its boilers. There
will be no SO2 emissions from these units. These sources are
in the Pine Bend area, which is a sulfur dioxide maintenance area. The
reduction in SO2 emissions should help the area remain in
attainment of the SO2 standard.
IV. What Action Is EPA Taking?
EPA is approving revisions to SO2 emissions regulations
for Continental Nitrogen & Resource Corporation of Dakota County,
Minnesota. The revision rescinds the Findings and Order Amendment One.
The Findings and Order limits the SO2 emissions, impose fuel
restrictions, and provide recordkeeping requirements on Continental
Nitrogen.
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 September 17,
2007 without further notice unless we receive relevant adverse written
comments by August 20, 2007. 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 September 17, 2007.
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 That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' 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 (59
FR 22951, 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
[[Page 39568]]
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 approves a state rule implementing a
Federal Standard.
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.
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 September 17, 2007. 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, Sulfur oxides.
Dated: July 5, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
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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]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Y--Minnesota
Sec. 52.1220 [Amended]
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2. In Sec. 52.1220, the table in paragraph (d) is amended by removing
the entry for ``Continental Nitrogen & Resource Corporation.''
[FR Doc. E7-13785 Filed 7-18-07; 8:45 am]
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