Approval and Promulgation of Air Quality Implementation Plans; Minnesota, 18634-18638 [E9-9361]

Download as PDF 18634 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations materials and/or related violations under 39 U.S.C. 3018, and, if liability is found, shall set forth the amount of any civil penalties, clean-up costs and/or damages imposed. (b) The Presiding Officer shall promptly send to each party a copy of his or her Initial Decision. A party may, in accordance with § 958.18, appeal an adverse Initial Decision to the Judicial Officer. Unless a party timely appeals in accordance with § 958.18, the Presiding Officer’s Initial Decision, including the findings and determinations, becomes the final agency decision. tjames on PRODPC75 with RULES § 958.18 Appeal of initial decision to Judicial Officer. (a) Notice of appeal and supporting brief. A party may appeal an adverse Initial Decision by filing, within 30 days after the Presiding Officer issues the Initial Decision, a Notice of Appeal with the Recorder. The Judicial Officer may extend the filing period but only if the party files a request for an extension within the initial 30-day period and demonstrates good cause for such extension. (1) The Notice of Appeal must be accompanied by a written brief specifying the party’s exceptions, and any reasons for such exceptions, to the Presiding Officer’s Initial Decision. (2) Within 30 days of receiving the party’s brief, the opposing party may file with the Judicial Officer a response to the specified exceptions to the Presiding Officer’s Initial Decision. (b) Form of review. Review by the Judicial Officer will be based entirely on the record and written submissions. (1) The Judicial Officer may affirm, reduce, reverse, or remand any determination about a penalty or assessment by the Presiding Officer. (2) The Judicial Officer shall not consider any argument or objection that was not raised in the hearing unless the interested party demonstrates that the failure to raise the argument or objection before the Presiding Officer was caused by extraordinary circumstances. (3) If any party demonstrates to the satisfaction of the Judicial Officer that additional evidence not presented at the hearing is material and that there were reasonable grounds for the failure to present such evidence, the Judicial Officer may remand the matter to the Presiding Officer for consideration of such additional evidence. (c) Decision of Judicial Officer. The Judicial Officer shall promptly serve each party to the appeal with a copy of his or her decision. The decision of the Judicial Officer constitutes final agency action and becomes final and binding on the parties. VerDate Nov<24>2008 14:46 Apr 23, 2009 Jkt 217001 § 958.19 Form and filing of documents. (a) Every pleading filed in a proceeding under this part must contain a caption setting forth the title of the action, the docket number (after assignment by the Recorder), an accurate designation of the document, and the name, address, and telephone number of the party on whose behalf the paper was filed. It shall also be signed by the party or party representative submitting the document. (b) The original and three copies of all pleadings and documents in a proceeding conducted under this part shall be filed with the Recorder, Judicial Officer Department, United States Postal Service, 2101 Wilson Boulevard, Suite 600, Arlington, Virginia 22201–3078. Normal Recorder business hours are between 8:15 a.m. and 4:45 p.m., eastern standard or daylight saving time. The Recorder will transmit a copy of each document filed to the other party, and the original to the Presiding Officer. (c) Pleadings or other document transmittals to, or communications with, the Postal Service, other than to the Recorder under paragraph (a) of this section, shall be made through the Determining Official or designated Postal Service attorney. If a notice of appearance by a representative is filed on behalf of the respondent, pleadings or document transmittals to, or communications with, the respondent shall be made through his or her representative. § 958.20 Service of notice of docketing and hearing, other documents. Unless otherwise specified, service of a Notice of Docketing and Hearing or any other document under this part shall be effected by registered or certified mail, return receipt requested, or by personal delivery. In the case of personal service, the person making service shall, if possible, secure from the party or other person sought to be served, or his or her agent, a written acknowledgement of receipt, showing the date and time of such receipt. If the person upon whom service is made declines to acknowledge receipt, the person effecting service shall execute a statement, indicating the time, place and manner of service, which shall constitute evidence of service. § 958.21 Computation of time. In computing any period of time provided for by this part, or any order issued pursuant to this part, the time begins with the day following the act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday, or legal holiday observed by the Federal Government, in PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 which event it includes the next business day. Except as otherwise provided in these rules or an applicable order, prescribed periods of time are measured in calendar days rather than business days. § 958.22 Continuances and extensions. Continuances and extensions may be granted under these rules for good cause shown. § 958.23 Settlement. Either party may make offers of settlement or proposals of adjustment at any time. The Determining Official has the exclusive authority to compromise or settle any determinations of liability for civil penalties, clean-up costs and/or damages for mailing hazardous materials and/or related violations under 39 U.S.C. 3018, without the consent of the Presiding Officer or Judicial Officer. Stanley F. Mires, Chief Counsel, Legislative. [FR Doc. E9–9376 Filed 4–23–09; 8:45 am] BILLING CODE 7710–12–P 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. 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. E:\FR\FM\24APR1.SGM 24APR1 tjames on PRODPC75 with RULES Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 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 email 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 VerDate Nov<24>2008 14:46 Apr 23, 2009 Jkt 217001 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 18635 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 E:\FR\FM\24APR1.SGM 24APR1 18636 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 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. tjames on PRODPC75 with RULES 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 VerDate Nov<24>2008 14:46 Apr 23, 2009 Jkt 217001 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 E:\FR\FM\24APR1.SGM 24APR1 18637 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 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. ■ 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart Y—Minnesota 2. In § 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: § 52.1220 Identification of plan. * * * * * (d) * * * ■ EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS State effective date Name of source Permit No. * * Federal Cartridge Company .......... * 00300156–003 12/28/07 * * Hoffman Enclosures ...................... * 00300155–001 01/31/08 tjames on PRODPC75 with RULES * VerDate Nov<24>2008 * 14:46 Apr 23, 2009 Jkt 217001 PO 00000 Comments * * 04/24/09, [Insert page number where the document begins]. * * Only conditions cited as ‘‘Title I condition: SIP for SO2 NAAQS.’’ * * EPA approval date * 04/24/09, [Insert page number where the document begins]. * * Only conditions cited as ‘‘Title I condition: SIP for SO2 NAAQS.’’ * Frm 00017 Fmt 4700 * Sfmt 4700 E:\FR\FM\24APR1.SGM * 24APR1 * 18638 * * Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations * * * [FR Doc. E9–9361 Filed 4–23–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2008–0240; FRL–8896–5] Approval and Promulgation of Air Quality Implementation Plans; Minnesota tjames on PRODPC75 with RULES AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is approving a site specific revision to the Minnesota sulfur dioxide (SO2) State Implementation Plan (SIP) for the Rochester Public Utility’s Cascade Creek Generating Facility (Cascade Creek), located in the city of Rochester, Olmsted County, Minnesota. On March 5, 2008, the Minnesota Pollution Control Agency (MPCA) requested that EPA approve certain portions of a joint Title I/Title V document into the Minnesota SO2 SIP for the Cascade Creek facility. This SIP revision includes the addition of two new oil and gas fired turbines and modification of the starter engine on the No. 1 turbine. This SIP revision will show reduced emissions of SO2 from this facility and the SO2 National Ambient Air Quality Standards (NAAQS) will be maintained in the area. Because the SO2 emission limits are being reduced, the air quality of Olmsted County will be protected. 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–2008–0240, by one of the following methods: 1. http://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 VerDate Nov<24>2008 14:46 Apr 23, 2009 Jkt 217001 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– 0240. 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 8:30 a.m. to 4:30 p.m., Monday PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 a joint Title I/Title V document for the Rochester Public Utility’s Cascade Creek Facility (Cascade Creek), located in Rochester, Olmsted County, Minnesota. This SIP amendment approval will replace the current Title I SIP conditions under Air Emission Permit No. 00000610–001. II. What Is the Background for This Action? A. What Prior SIP Actions Are Pertinent to This Action? Cascade Creek is an electrical generation facility consisting of three combustion turbines and a diesel starter engine. The facility was identified as a culpable source in the Rochester area at the time the area was designated as nonattainment for the SO2 NAAQS. The facility is now part of the SIP to maintain attainment of the SO2 NAAQS in the Rochester area. On February 7, 2008, the Minnesota Pollution Control Agency (MPCA) issued an Air Emission Permit No. 10900020–003 to Rochester Public Utilities. The permit is a joint Title I/Title V document and will replace Permit No. 00000610–001, the joint document currently approved into the SIP. Air Permit Nos. 10900020–001 and 002 were adopted at the state level, but the joint documents were not submitted to EPA for approval into the SIP. These permits authorized the modification of the existing turbine to allow for burning of natural gas and distillate fuel oil and established facility-wide Federally-enforceable E:\FR\FM\24APR1.SGM 24APR1

Agencies

[Federal Register Volume 74, Number 78 (Friday, April 24, 2009)]
[Rules and Regulations]
[Pages 18634-18638]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9361]


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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
----------------------------------------------------------------------------------------------------------------
                                                     State effective
          Name of source               Permit No.          date         EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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.''
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 18638]]

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[FR Doc. E9-9361 Filed 4-23-09; 8:45 am]
BILLING CODE 6560-50-P