```

[Federal Register: March 11, 2010 (Volume 75, Number 47)]
[Rules and Regulations]               
[Page 11461-11464]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr10-10]                         

=======================================================================
-----------------------------------------------------------------------

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 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. http://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 
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 
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 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
----------------------------------------------------------------------------------------------------------------
                                                         State
           Name of source               Permit No.     effective     EPA  approval  date          Comments
                                                          date
----------------------------------------------------------------------------------------------------------------
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.''

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2010-5122 Filed 3-10-10; 8:45 am]
BILLING CODE 6560-50-P
```