[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Rules and Regulations]
[Pages 45480-45482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18563]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0450; FRL-9182-2]
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 request submitted by the Minnesota
Pollution Control Agency (MPCA) on May 7, 2010, to revise the Minnesota
State Implementation Plan (SIP) for sulfur dioxide (SO2).
The approval revises the Minnesota SIP by updating information
regarding the heat and steam distributor facility of United Defense,
LP, Inc, located in Fridley, Minnesota. The source has changed its name
from United Defense, LP, Inc to ELT Minneapolis, LLC, as a consequence
of a change in ownership. The revision replaces the joint Title I/Title
V document currently approved in the SIP for the facility to reflect
the change in ownership. These revisions do not change any of the
SO2 control requirements and will not result in an increase
in SO2 emissions at the facility because no emission limits
were increased.
DATES: This direct final rule will be effective October 4, 2010, unless
EPA receives adverse comments by September 2, 2010. 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-2010-0450, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (312)629-2054.
4. Mail: Jay Bortzer, Chief, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Jay Bortzer, Chief, 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-
2010-0450. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://www.regulations.gov or e-mail. The http://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 http://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 http://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 http://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
[[Page 45481]]
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Charles Hatten, Environmental
Engineer, at (312) 886-6031 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6031,
[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. General Information
II. What revision did the State request be incorporated into the
SIP?
III. What is EPA's analysis of the State submission?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews.
I. General Information
A. Does this action apply to me?
This action applies only to the ELT Minneapolis, LLC, (ELT) for its
River Road Industrial facility located at 4800 East River Road,
Fridley, Minnesota (Anoka County).
B. Has public notice been provided?
Minnesota published a public notice of the revisions to the SIP on
February 17, 2010. The comment period began on February 26, 2010, and
ended on March 29, 2010. In the public notice, Minnesota 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. Because no one requested a
public hearing, Minnesota did not hold a public hearing.
C. What is the background to this action?
ELT owns and operates boilers and emergency generators in the city
of Fridley, formerly owned and operated by United Defense, LP, Inc. The
facility is used as a heat and steam distributor. The facility is
located in the Anoka area's non-attainment plan for the SO2
National Ambient Air Quality Standard (NAAQS). However, the area
currently meets the NAAQS for SO2, and was officially
redesignated as attainment on July 31, 1995.
The primary emission units at the facility are three fossil fuel-
fired boilers (Nos. 1, 2, and 3), and four emergency generators. Each
boiler burns natural gas as fuel with distillate oil as a backup fuel.
The generators only burn low sulfur diesel fuel.
II. What revision did the State request be incorporated into the SIP?
To reflect the change in ownership the State has requested that EPA
replace the joint Title I/Title V document currently in the Minnesota
SIP for United Defense, LP, Inc, with a new joint document for ELT
Minneapolis, LLC.
A. What prior SIP actions are pertinent to this action?
The facility has been subject to a federally enforceable permit
incorporated into Minnesota's SIP as a joint Title I/Title V document,
containing requirements for ensuring the attainment of the NAAQS for
SO2. As a result, the facility is subject to fuel usage
limitations to restrict the total facility SO2 emissions.
B. 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. Minnesota then issued permanent Administrative Orders to
culpable sources in nonattainment areas from 1991 to February of 1996.
Minnesota's consolidated permitting regulations, approved into its
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 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 (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?
The revision to the Minnesota SIP is solely an administrative
change to reference the new name of the facility from United Defense,
LP, Inc, to ELT Minneapolis, LLC. On November 22, 2005, the heat and
steam distributor facility formerly owned and operated by United
Defense, LP, Inc, was purchased by ELT. ELT operates the facility in an
area that currently meets the NAAQS for SO2.
This SIP revision replaces the joint Title I/Title V document, Air
Permit No. 00300020-001, currently approved into the SIP for United
Defense, LP, Inc with a new joint Title I/Title V document, Air Permit
No. 00300245-001, for ELT Minneapolis, LLC. This revision does not
involve any substantive changes to the SIP conditions. All fuel
restrictions and SO2 emission limits that apply to the
boilers and emergency generators remain the same as those currently
approved into the SIP.
IV. What action is EPA taking?
EPA is approving a revision to Minnesota's SIP to replace the joint
Title I/Title V document currently approved into the SIP for United
Defense, LP, Inc, with a new joint Title I/Title V document, Air Permit
No. 00300245-001, for ELT Minneapolis, LLC. These revisions do not
change any of the SO2 control requirements and will not
result in an increase in SO2 emissions because no emission
limits were increased.
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
[[Page 45482]]
effective October 4, 2010 without further notice unless we receive
relevant adverse written comments by September 2, 2010. 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 October 4, 2010.
V. Statutory and Executive Order Reviews
Under the Clean Air 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 Clean Air 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 Clean Air 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 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 4, 2010. 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: July 19, 2010.
Susan Hedman,
Regional Administrator, Region 5.
0
40 CFR part 52 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
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2. In Sec. 52.1220, the table in paragraph (d) is amended by removing
the entry for ``United Defense, LP (formerly FMC/U.S. Navy)'' and
adding in alphabetical order an entry for ``ELT Minneapolis, LLC'' 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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* * * * * * *
ELT Minneapolis, LLC................. 003000245-001 09/10/08 August 3, 2010, Only conditions
[Insert page cited as ``Title
number where the I condition: SIP
document begins]. for SO2 NAAQS.''
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[FR Doc. 2010-18563 Filed 8-2-10; 8:45 am]
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