[Federal Register Volume 75, Number 155 (Thursday, August 12, 2010)]
[Rules and Regulations]
[Pages 48864-48867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19822]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2010-0035; FRL-9187-5]
Approval and Promulgation of Air Quality Implementation Plans; MN
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving Minnesota's request to amend its State
Implementation Plan (SIP) for sulfur dioxide (SO2). The
Minnesota Pollution Control Agency (MPCA) submitted the SIP revision
request to EPA on November 23, 2009, and supplemented it on March 3,
2010. EPA's approval revises SIP requirements applicable to Saint
Mary's Hospital, located in Rochester, Minnesota, by adding a 2500
kilowatt (KW) reciprocating internal combustion engine (RICE) electric
generator and reducing the allowable diesel fuel sulfur content for two
existing RICE electric generators. The revision also includes
administrative changes in the identification of emissions units. These
revisions are included in a joint Title I/Title V document for Saint
Mary's Hospital, which replaces the document currently approved into
the SIP for the facility. These revisions will result in reducing the
SO2 impact in the Rochester area, and strengthen the
existing SO2 SIP.
DATES: This direct final rule will be effective October 12, 2010,
unless EPA receives adverse comments by September 13, 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-2010-0035, 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-
2010-0035. 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 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 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),
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 Saint Mary's Hospital, located at
1216 Second St., Rochester, Minnesota (Olmsted County).
B. Has public notice been provided?
Minnesota published a public notice of the revisions to the SIP on
August 22, 2009. The comment period began on August 23, 2009, and ended
on September 23, 2009. 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.
Background
Saint Mary's Hospital is a tertiary care hospital which includes
several buildings located on a 49 acre campus. The Saint Mary's
Hospital is owned and operated by the Mayo Foundation. The facility is
a culpable source located in the Rochester area's nonattainment 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 May 8, 2001. (66 FR 14087)
The primary emission units at the facility are three identical
fossil fuel-
[[Page 48865]]
fired boilers (Nos. 1, 2, and 3), which exhaust through a common stack;
one cogeneration turbine; and two emergency RICE generators. Each
boiler burns natural gas as fuel with distillate oil as a backup fuel.
The cogeneration turbine burns only natural gas. One of the RICE
generators burns only distillate oil; the other can burn distillate oil
or operate in a dual-fuel mode (95% natural gas and 5% distillate oil/
very low sulfur diesel).
Saint Mary's Hospital is planning to make a physical change to the
facility by adding a new RICE electric generator. The facility will
also be required to reduce the allowable diesel fuel sulfur content for
two existing emergency RICE electric generators. The State provided a
modeling analysis of the effect of the changes at the facility on local
SO2. Below, in Section III, a more detailed discussion of
the modeling analysis and its results can be found.
II. What revision did the State request be incorporated into the SIP?
The State has requested that EPA approve, as a revision to the
Minnesota SIP, a new joint Title I/Title V document that incorporates:
(1) Administrative changes in the identification of emission units, (2)
the installation a 2500 KW RICE electric generator, and (3) a reduction
in the allowable diesel fuel sulfur content for two existing RICE
electric generators.
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 the
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 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?
This SIP revision replaces the joint Title I/Title V document
currently approved into the SIP for Saint Mary's Hospital with a new
joint Title I/Title V document, Air Permit No. 10900008-003. The new
joint document includes administrative changes in the identification of
emission units, adds a 2500 KW RICE electric generator, and reduces the
allowable diesel fuel sulfur content for two existing RICE electric
generators.
Administrative Changes
The new joint document reflects administrative changes in how the
emission units are described. Boilers 1, 2, and 3 were listed in the
joint document previously issued to Saint Mary's Hospital and
identified as EU038, EU039, and EU040. In the new joint document, Air
Permit No. 10900008-003, these boilers are now identified as EU001,
EU002, and EU003. Correspondingly, the two existing emergency RICE
generators, which were previously identified as EU0041 and EU0042, are
now identified as EU005 and EU006.
New Electric Generator
The amendment to the SIP allows the installation of a new RICE
electric generator. The new RICE generator, identified as EU012, is a
2500 kilowatt non-emergency compression ignition diesel engine subject
to 40 CFR part 60, subpart IIII, for 2007 model year engines with
displacement less than 10 liters per cylinder. In Sec. 60.4207 of 40
CFR part 60, subpart IIII, the new electric generator is subject to a
requirement to burn only diesel fuel with a sulfur content of less than
500 parts per million (ppm) by weight. This represents a limit of 0.05%
sulfur by weight. Further, as of October 1, 2010, this diesel fuel oil
limit will decrease to 15 ppm by weight (0.0015% sulfur by weight).
This new diesel fuel oil limit is imposed by 40 CFR 80.510 upon owners
or operators of new engines subject to 40 CFR part 60, subpart IIII,
and is listed as a SIP condition to ensure that it will not exceed this
Federal standard.
In addition to the above said requirements, the SO2
emissions for new RICE generator will be limited to 1.52 tons per year
based upon an operational restriction of 2045 hours per year.
Reduced SO2 Limits
The existing boilers, cogeneration turbine, and generators are
subject to fuel sulfur limits in order to comply with the NAAQS
requirements for SO2. As noted above, the cogeneration
turbine burns only natural gas, and therefore is not subject to any
Title I SIP conditions for SO2. The SO2 SIP
emission limits for the boilers are unchanged. The boilers must burn
only natural gas and low-sulfur distillate fuel, less than 0.5% sulfur
by weight.
The existing generators have been subject to a requirement to burn
distillate oil with sulfur content less than 0.41% by weight. In order
to add the new generator and ensure that the emissions from the
facility remain at or below current SIP levels, Saint Mary's Hospital
agreed to align the fuel sulfur requirements of the existing generators
with the new generator. Thus, the existing generators will be subject
to the same requirements as the new generator; namely, a requirement to
burn only diesel fuel with a sulfur content of less than 500 ppm by
weight. This new limit of 0.05% sulfur by weight is considerably lower
than the old limit of 0.41% sulfur by weight, resulting in a decrease
in the amount of SO2 emissions from the existing generators
[[Page 48866]]
by a factor of 8.2 (0.41/0.05). Further, the diesel fuel oil limit for
the existing generators will decrease to 15 ppm by weight (0.0015%
sulfur by weight) as of October 1, 2010, which is the same as the limit
imposed on the new generator by 40 CFR 80.510.
Modeling
The SIP revision does not include any increases in SO2
emission limits but, because some of the changes being made to the
facility may affect the release and dispersion of SO2
emissions, Saint Mary's Hospital performed an air quality analysis to
address the facility's impact on the SO2 NAAQS. The facility
was modeled both with and without the new generator. The modeling was
done with the AERMOD air dispersion model using meteorological data
from 1986 to 1990, and included flagpole receptors in downtown
Rochester. The high-first-high results for each standard averaging time
(1 hour, 3 hour, 24 hour, and annual) were compared for the two
scenarios at each receptor. With the addition of the 500 ppm by weight
fuel oil sulfur content for the two existing generators, the results
showed equivalent or decreased ambient impacts from the facility at
each receptor, even after the installation of the new generator.
Table--High-Second-High Ambient SO2 Concentration From Facility
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Modeled concentration ([mu]g/m\3\)
Averaging time ------------------------------------------------------ Background Total Standard
1986 1987 1988 1989 1990 Max
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Facility Prior to Modification
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1-hour..................................................... 328 318 337 317 336 337 26 363 1300
3-hour..................................................... 244 253 249 269 250 269 13 282 1300
24-hour.................................................... 124 134 110 127 132 134 5 139 365
Annual..................................................... 21 21 20 21 20 21 3 24 60
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Facility After Modification
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1-hour..................................................... 301 300 320 303 319 320 26 346 1300
3-hour..................................................... 237 245 242 262 238 262 13 275 1300
24-hour.................................................... 109 117 94 121 125 125 5 130 365
Annual..................................................... 15 15 14 14 13 15 3 18 60
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The modeling shows that the high-second-high impacts from the
facility will decrease due to the changes from this SIP revision: the
installation of the new generator and the decreased fuel oil sulfur
limits on the two existing generators. This assures that ambient air
quality will be protected.
IV. What action is EPA taking?
EPA is approving the revision to Minnesota's SIP to replace the
joint Title I/Title V document currently approved into the SIP for
Saint Mary's Hospital with a new joint Title I/Title V document, Air
Permit No. 10900008-003. The new joint document includes administrative
changes in the identification of emission units, adds a 2,500 KW RICE
electric generator, and reduces the allowable diesel fuel sulfur
content for two existing RICE electric generators. In approving this
joint Title I/Title V document, EPA is incorporating into the SIP only
those requirements in the joint document labeled as ``Title I
Condition: SIP for SO2 NAAQS.''
Since this SIP revision will decrease SO2 impacts in the
Rochester area, Saint Mary's revision will strengthen the existing
SO2 SIP.
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 October 12,
2010 without further notice unless we receive relevant adverse written
comments by September 13, 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. 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 12, 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 Clean Air 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
[[Page 48867]]
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 12, 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: August 2, 2010.
Bharat Mathur,
Acting Regional Administrator, Region 5.
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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
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2. In Sec. 52.1220 the table in paragraph (d) is amended by revising
the entry for ``Saint Mary's Hospital'' to read as follows:
Sec. 52.1220 Identification of plan.
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(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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* * * * * * *
St. Mary's Hospital.............. 10900008-003 03/01/10 08/12/10, [Insert Only conditions
page number where cited as ``Title I
the document condition: SIP for
begins]. SO2 NAAQS.''
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[FR Doc. 2010-19822 Filed 8-11-10; 8:45 am]
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