Approval and Promulgation of Air Quality Implementation Plans; Minnesota, 11461-11464 [2010-5122]
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[FR Doc. 2010–5212 Filed 3–10–10; 8:45 am]
BILLING CODE 7710–FW–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0369; FRL–9125–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Minnesota
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is approving a sitespecific revision to the Minnesota State
Implementation Plan (SIP) for
particulate matter less than 10 microns
(PM10) for Aggregate Industries Yard A
Facility in Saint Paul, Ramsey County,
Minnesota. On May 19, 2009, the
Minnesota Pollution Control Agency
(MPCA) requested that EPA approve
certain portions of a joint Title I/Title V
document into the Minnesota PM10 SIP
for this facility. The State is also
requesting in this submittal that EPA
rescind the Administrative Order (AO)
issued to J.L. Shiely Company which is
currently included in Minnesota’s SIP
for PM10. The emissions units
previously owned by J.L. Shiely
Company are now owned by Aggregate
Industries. Because the PM10 emission
limits are being reduced, the air quality
of Ramsey County will be protected.
DATES: This direct final rule will be
effective May 10, 2010, unless EPA
receives adverse comments by April 12,
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–2009–0369, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: damico.genevieve@epa.gov.
3. Fax: (312) 385–5501.
4. Mail: Genevieve Damico, Acting
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
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West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Genevieve Damico,
Acting 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–2009–
0369. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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 https://
www.regulations.gov or in hard copy at
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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. General Information
1. What Is the Background for This Action?
2. Why Is EPA Taking This Action?
3. What Are Title I Conditions and Joint
Title I/Title V Documents?
4. Has Public Notice Been Provided?
II. What Action Is EPA Taking?
III. Statutory and Executive Order Reviews
I. General Information
1. What Is the Background for This
Action?
The Aggregate Industries Yard A
Facility (facility) is located at 1177
Childs Road in Saint Paul, Ramsey
County, Minnesota. The facility was
previously owned and operated by J.L.
Shiely Company and was found to be a
culpable source in the Childs Road
area’s nonattainment of the PM10
National Ambient Air Quality Standards
(NAAQS). The facility is currently
owned and operated by Aggregate
Industries.
Minnesota originally submitted an AO
for the facility as part of the PM10 SIP
in 1992. The AO was issued to the J.L.
Shiely Company to place operating
restrictions on the facility to control
PM10 emissions.
On April 23, 2009, the MPCA issued
Air Permit no. 12300007–002 as a joint
Title I/Title V document. The joint Title
I/Title V document contains conditions
identified as ‘‘Title I Conditions: SIP for
PM10.’’ These conditions contain all the
applicable requirements for the source
to ensure that the area will continue to
maintain the NAAQS. MPCA requests
that those conditions labeled ‘‘Title I
Conditions: SIP for PM10’’ in the Joint
Title I/Title V document replace the AO
as the SIP enforceable document.
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2. Why Is EPA Taking This Action?
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 facility is an
aggregate distribution and storage
facility. It receives aggregate by barge,
uploads it, and conveys it to one of
several storage piles based on size and
material type. The aggregate is stored
until it is loaded to trucks for off-site
transport. The facility operates an
aggregate heater that is used between
November and April to reduce moisture
content and make some materials more
easily conveyed. The primary emissions
from the facility are PM and PM10 from
the aggregate heater, as well as fugitive
emissions from the stockpiles and
unpaved roads. According to previous
emissions calculations for this facility,
the majority of PM10 emissions were
attributed to operation of the aggregate
heater.
Aggregate Industries currently owns
the emissions units that are subject to
PM10 emission limits or operating
standards under the AO issued to J.L.
Shiely Company. The AO was modified
to show that the original aggregate
heater, which burned fuel oil, has been
replaced with a new heater, which
burns natural gas. The previous
emissions limits were up to 15.2
pounds/hour (lbs/hr) PM10. However,
with the replacement to the cleaner
burning unit, those emissions are
reduced by an order of magnitude to
0.119 lbs/hr, significantly lowering
overall PM10 emissions at this facility.
Additional revisions to the SIP for units
owned by Aggregate Industries include
changes to requirements for storage
piles to reflect actual operating
conditions. Previously, the facility was
not allowed to operate the product pile
conveyors unless the free fall height
from the conveyor to the product pile is
less than 10 feet, to minimize fugitive
dust, which represents a small portion
of the overall PM10 emissions for this
facility. However, there are times when
operating conditions do not allow the
facility to consistently maintain the 10
foot free fall height, due to depletion of
the product piles during winter months
when supplies are limited by cold
weather. Additional language ensures
that the 10 foot fall height should be
achieved as expeditiously as possible,
and that the fall height cannot be greater
than 10 feet for more than six hours.
These requirements will ensure that the
PM10 NAAQS is maintained, while
allowing the facility some flexibility in
establishing new product piles.
Modeling performed in support of the
original SIP for the facility attributed the
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majority of PM10 emissions to the
burning of residual fuel oil in the
original heater. Since this type of fuel
will no longer be burned, overall
ambient concentrations of PM10 will
decrease, especially considering that the
fugitive emissions from the conveyor
operations contributed a much smaller
proportion of PM10 emissions.
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3. 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 AOs to culpable
sources in nonattainment areas from
1991 to February of 1996.
MPCA’s consolidated permitting
regulations, which EPA approved into
the SIP on May 2, 1995 (60 FR 21447),
include the term ‘‘Title I condition’’
which was written, in part, to satisfy
EPA’s 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 AOs to joint Title I/Title V
documents.
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4. Has Public Notice Been Provided?
MPCA published a public notice on
March 12, 2009, regarding the SIP
revision and the Joint Title I/Title V
document. No comments were received
during the comment period which
ended on April 20, 2009. In the public
notice, 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.
II. What Action Is EPA Taking?
EPA is approving a site-specific
revision to the Minnesota PM10 SIP for
the Aggregate Industries Yard A
Facility, located in the city of Saint
Paul, Ramsey County, Minnesota. The
SIP revision also rescinds the AO issued
to J.L. Shiely Company and replaces it
with Title I SIP Conditions included in
the Air Emission Permit No. 12300007–
002, for Aggregate Industries, which
serves as a joint Title I/Title V
document.
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 May 10, 2010 without further
notice unless we receive relevant
adverse written comments by April 12,
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 May 10, 2010.
III. Statutory and Executive Order
Reviews.
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
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11463
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
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 (Public Law 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
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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 May 10, 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 oxides.
Dated: February 25, 2010.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
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 ‘‘J.L. Shiely Company’’ and adding an
entry, in alphabetical order, for
‘‘Aggregate Industries’’ to read as
follows:
■
§ 52.1220
*
Identification of plan.
*
*
(d) * * *
*
*
40 CFR part 52 is amended as follows:
■
EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS
State
effective
date
Name of source
Permit No.
Aggregate Industries .......................
12300007–002
*
*
*
*
*
*
*
*
[FR Doc. 2010–5122 Filed 3–10–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2008–0192; FRL–9125–9]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to Chapter 116 Which Relate
to the Permit Renewal Application and
Permit Renewal Submittal
jlentini on DSKJ8SOYB1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking a direct final
action to approve revisions to the
applicable State Implementation Plan
(SIP) for the State of Texas which relate
to the Permit Renewal Application and
Permit Renewal Submittal regulations.
These portions of the SIP revisions
approved today would address
requirements related to the timeline for
the submittal of an application for
permit renewal. EPA finds that these
changes to the Texas SIP comply with
the Federal Clean Air Act (the Act or
CAA) and EPA regulations, are
consistent with EPA policies, and will
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EPA
approval
date
Comments
03/11/10, [Insert page number
where the document begins].
Only conditions cited as ‘‘Title I
condition: SIP for PM10 NAAQS.’’
*
*
improve air quality. This action is being
proposed under section 110 and parts C
and D of the Act.
DATES: This direct final rule is effective
on May 10, 2010 without further notice,
unless EPA receives relevant adverse
comment by April 12, 2010. If EPA
receives such comment, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2008–0192 by one of the following
methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov: Follow the
on-line instructions for submitting
comments.
(2) E-mail: Mr. Jeff Robinson at
robinson.jeffrey@epa.gov. Please also cc
the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below.
(3) U.S. EPA Region 6 ‘‘Contact Us’’
Web site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
(4) Fax: Mr. Jeff Robinson, Chief, Air
Permits Section (6PD–R), at fax number
214–665–6762.
(5) Mail: Mr. Jeff Robinson, Chief, Air
Permits Section (6PD–R), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
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*
*
(6) Hand or Courier Delivery: Mr. Jeff
Robinson, Chief, Air Permits Section
(6PD–R), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2008–
0192. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means that 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 https://www.regulations.gov
your e-mail address will be
E:\FR\FM\11MRR1.SGM
11MRR1
Agencies
[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Rules and Regulations]
[Pages 11461-11464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5122]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2009-0369; FRL-9125-3]
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 a site-specific revision to the Minnesota
State Implementation Plan (SIP) for particulate matter less than 10
microns (PM10) for Aggregate Industries Yard A Facility in
Saint Paul, Ramsey County, Minnesota. On May 19, 2009, the Minnesota
Pollution Control Agency (MPCA) requested that EPA approve certain
portions of a joint Title I/Title V document into the Minnesota
PM10 SIP for this facility. The State is also requesting in
this submittal that EPA rescind the Administrative Order (AO) issued to
J.L. Shiely Company which is currently included in Minnesota's SIP for
PM10. The emissions units previously owned by J.L. Shiely
Company are now owned by Aggregate Industries. Because the
PM10 emission limits are being reduced, the air quality of
Ramsey County will be protected.
DATES: This direct final rule will be effective May 10, 2010, unless
EPA receives adverse comments by April 12, 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-2009-0369, by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: damico.genevieve@epa.gov.
3. Fax: (312) 385-5501.
4. Mail: Genevieve Damico, Acting Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77
[[Page 11462]]
West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Genevieve Damico, Acting 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-
2009-0369. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or e-mail. The https://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 https://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 https://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. General Information
1. What Is the Background for This Action?
2. Why Is EPA Taking This Action?
3. What Are Title I Conditions and Joint Title I/Title V
Documents?
4. Has Public Notice Been Provided?
II. What Action Is EPA Taking?
III. Statutory and Executive Order Reviews
I. General Information
1. What Is the Background for This Action?
The Aggregate Industries Yard A Facility (facility) is located at
1177 Childs Road in Saint Paul, Ramsey County, Minnesota. The facility
was previously owned and operated by J.L. Shiely Company and was found
to be a culpable source in the Childs Road area's nonattainment of the
PM10 National Ambient Air Quality Standards (NAAQS). The
facility is currently owned and operated by Aggregate Industries.
Minnesota originally submitted an AO for the facility as part of
the PM10 SIP in 1992. The AO was issued to the J.L. Shiely
Company to place operating restrictions on the facility to control
PM10 emissions.
On April 23, 2009, the MPCA issued Air Permit no. 12300007-002 as a
joint Title I/Title V document. The joint Title I/Title V document
contains conditions identified as ``Title I Conditions: SIP for
PM10.'' These conditions contain all the applicable
requirements for the source to ensure that the area will continue to
maintain the NAAQS. MPCA requests that those conditions labeled ``Title
I Conditions: SIP for PM10'' in the Joint Title I/Title V
document replace the AO as the SIP enforceable document.
2. Why Is EPA Taking This Action?
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 facility is an aggregate distribution and storage facility. It
receives aggregate by barge, uploads it, and conveys it to one of
several storage piles based on size and material type. The aggregate is
stored until it is loaded to trucks for off-site transport. The
facility operates an aggregate heater that is used between November and
April to reduce moisture content and make some materials more easily
conveyed. The primary emissions from the facility are PM and
PM10 from the aggregate heater, as well as fugitive
emissions from the stockpiles and unpaved roads. According to previous
emissions calculations for this facility, the majority of
PM10 emissions were attributed to operation of the aggregate
heater.
Aggregate Industries currently owns the emissions units that are
subject to PM10 emission limits or operating standards under
the AO issued to J.L. Shiely Company. The AO was modified to show that
the original aggregate heater, which burned fuel oil, has been replaced
with a new heater, which burns natural gas. The previous emissions
limits were up to 15.2 pounds/hour (lbs/hr) PM10. However,
with the replacement to the cleaner burning unit, those emissions are
reduced by an order of magnitude to 0.119 lbs/hr, significantly
lowering overall PM10 emissions at this facility. Additional
revisions to the SIP for units owned by Aggregate Industries include
changes to requirements for storage piles to reflect actual operating
conditions. Previously, the facility was not allowed to operate the
product pile conveyors unless the free fall height from the conveyor to
the product pile is less than 10 feet, to minimize fugitive dust, which
represents a small portion of the overall PM10 emissions for
this facility. However, there are times when operating conditions do
not allow the facility to consistently maintain the 10 foot free fall
height, due to depletion of the product piles during winter months when
supplies are limited by cold weather. Additional language ensures that
the 10 foot fall height should be achieved as expeditiously as
possible, and that the fall height cannot be greater than 10 feet for
more than six hours. These requirements will ensure that the
PM10 NAAQS is maintained, while allowing the facility some
flexibility in establishing new product piles.
Modeling performed in support of the original SIP for the facility
attributed the
[[Page 11463]]
majority of PM10 emissions to the burning of residual fuel
oil in the original heater. Since this type of fuel will no longer be
burned, overall ambient concentrations of PM10 will
decrease, especially considering that the fugitive emissions from the
conveyor operations contributed a much smaller proportion of
PM10 emissions.
3. 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 AOs to culpable sources in
nonattainment areas from 1991 to February of 1996.
MPCA's consolidated permitting regulations, which EPA approved into
the SIP on May 2, 1995 (60 FR 21447), include the term ``Title I
condition'' which was written, in part, to satisfy EPA's 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 AOs to joint Title
I/Title V documents.
4. Has Public Notice Been Provided?
MPCA published a public notice on March 12, 2009, regarding the SIP
revision and the Joint Title I/Title V document. No comments were
received during the comment period which ended on April 20, 2009. In
the public notice, 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.
II. What Action Is EPA Taking?
EPA is approving a site-specific revision to the Minnesota
PM10 SIP for the Aggregate Industries Yard A Facility,
located in the city of Saint Paul, Ramsey County, Minnesota. The SIP
revision also rescinds the AO issued to J.L. Shiely Company and
replaces it with Title I SIP Conditions included in the Air Emission
Permit No. 12300007-002, for Aggregate Industries, which serves as a
joint Title I/Title V document.
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 May 10, 2010
without further notice unless we receive relevant adverse written
comments by April 12, 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 May 10, 2010.
III. 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 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 (Public Law 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
[[Page 11464]]
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 May 10, 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 oxides.
Dated: February 25, 2010.
Walter W. Kovalick, Jr.,
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 ``J.L. Shiely Company'' and adding an entry, in
alphabetical order, for ``Aggregate Industries'' to read as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Minnesota Source-Specific Permits
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State
Name of source Permit No. effective EPA approval date Comments
date
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Aggregate Industries............... 12300007-002 04/03/09 03/11/10, [Insert page Only conditions cited
number where the as ``Title I
document begins]. condition: SIP for
PM10 NAAQS.''
* * * * * * *
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[FR Doc. 2010-5122 Filed 3-10-10; 8:45 am]
BILLING CODE 6560-50-P