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. 

§ 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. 

§ 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 

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. 


tjames on PRODPC75 with RULES
Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 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 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 

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 


tjames on PRODPC75 with RULES
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. 

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 


tjames on PRODPC75 with RULES
Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 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. 

■ 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

Name of source Permit No. 

State 

effective 

date 

EPA approval date Comments 

* * * * * * * 

Federal Cartridge Company .......... 00300156–003 12/28/07 04/24/09, [Insert page number 

where the document begins].

Only conditions cited as ‘‘Title I 

condition: SIP for SO2

NAAQS.’’ 

* * * * * * * 

Hoffman Enclosures ...................... 00300155–001 01/31/08 04/24/09, [Insert page number 

where the document begins].

Only conditions cited as ‘‘Title I 

condition: SIP for SO2

NAAQS.’’ 

* * * * * * * 


tjames on PRODPC75 with RULES
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 

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 

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 

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 


tjames on PRODPC75 with RULES