[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Rules and Regulations]
[Pages 27411-27414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12619]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MN30-1-6215a; FRL-5183-8]


Approval and Promulgation of Implementation Plans; Minnesota

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Minnesota submitted a revision intended to simplify and update 
the rules in its State Implementation Plan (SIP). These revisions 
included deleting regulations that are redundant with Federal New 
Source Performance Standards (NSPS) regulations, removing odor 
regulations and other similar regulations from the SIP, and recodifying 
the regulations. In the case of open burning, the State requested 
removal of the regulations from the SIP or, in the alternative, 
replacing these regulations with statutes that regulate open burning. 
USEPA is replacing the open burning regulations in the SIP with the new 
statutes and is approving all other revisions requested by the State.

EFFECTIVE DATE: This action will be effective July 24, 1995 unless 
adverse or critical comments are received by June 23, 1995. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Written comments should be addressed to: William L. 
MacDowell, Chief, Regulation Development Section, Air Enforcement 
Branch (AE-17J), United States Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    Copies of the SIP revision request and U.S. EPA's analysis are 
available for public inspection during normal business hours at the 
following addresses: United States Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard (AE-
17J), Chicago, Illinois 60604; and Jerry Kurtzweg (6102), United States 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.

FOR FURTHER INFORMATION CONTACT: John Summerhays, Air Enforcement 
Branch, Regulation Development Section (AE-17J), United States 
Environmental Protection, Region 5, Chicago, Illinois 60604, (312) 886-
6067.

SUPPLEMENTARY INFORMATION:

I. Review of State Submittal

    On November 23, 1993, the Minnesota Pollution Control Agency (MPCA) 
submitted a request to (1) eliminate a number of regulations that need 
not be included in the Minnesota State Implementation Plan (SIP), (2) 
recodify the remaining regulations, and (3) make miscellaneous other 
changes. Each of these types of revisions are discussed in separate 
sections below.

Elimination of Regulations

    MPCA recommended elimination of several categories of regulations 
from the SIP. The category with the most regulations recommended for 
elimination are regulations that repeat the requirements for new 
sources established by the United States Environmental Protection 
Agency (USEPA) in various New Source Performance Standards (NSPS). Some 
of these regulations also govern emissions from ``existing sources,'' 
i.e. sources that existed before the effective date of or otherwise not 
subject to a relevant NSPS. Most of these regulations were submitted in 
1981. In its 1982 rulemaking on these regulations, USEPA approved these 
regulations only for ``existing sources,'' reflecting concern that 
these regulations would either be unnecessary by virtue of being 
redundant with Federal NSPS or be detrimental by virtue of causing 
uncertainty as to which of conflicting State versus Federal provisions 
apply. In this context, ``existing sources'' should be considered not 
only to include sources that existed prior to the effective date of the 
NSPS but also to include sources that are newer but are not subject to 
the NSPS due to size or other reasons.
    Minnesota's submittal refines the list of rules which, by USEPA's 
approach, should be removed from the SIP or applied only to ``existing 
sources.'' In the cases of regulations for portland cement plants, 
asphalt concrete plants, grain elevators, sulfuric acid plants, and 
nitric acid plants, the State has specified which portions of the 
relevant sets of rules regulate new sources and which portions regulate 
existing sources. In the cases of regulations for lead smelters and 
brass and bronze plants, there are no existing brass or bronze plants 
and the only existing lead smelter is subject to a separate more 
stringent administrative order in the SIP. Therefore, the regulations 
apply only to new sources and should be eliminated from the SIP in 
their entirety. In the cases of regulations for incinerators and sewage 
sludge incinerators, MPCA does not identify portions of the rules that 
only apply to new sources but comments that USEPA should state that the 
SIP only includes these rules as they apply to existing sources (which 
again may include newly constructed sources that are not subject to 
NSPS). USEPA concurs with Minnesota's list of which of these rules 
should be removed from the SIP, and is modifying the SIP accordingly.
    A second set of regulations recommended for elimination concern 
odors and acid/base fallout. MPCA's submittal states that these 
regulations were not intended for purposes of achieving air quality 
standards or other Clean Air Act purposes and remain unnecessary for 
such purposes. Specifically, Minnesota requests on this basis that 
USEPA delete the set of regulations entitled Ambient Odor Control, the 
set entitled Limits for Animal Matter Odors, and the set entitled 
Limits on Acid, Base Emissions. These regulations were adopted around 
1970 and were submitted and approved as part of a package that included 
all extant air pollution regulations. USEPA concurs with Minnesota's 
request and is removing these regulations from the SIP.
    A third set of regulations recommended for elimination concern 
indirect sources. These regulations establish permitting requirements 
for the facilities such as highways, shopping malls, and airports that 
attract motor vehicles and thus indirectly cause mobile source 
emissions. These regulations were submitted in 1981 and approved by 
USEPA in 1982. [[Page 27412]] Nevertheless, section 110(a)(5)(A)(iii) 
of the Clean Air Act (added in 1977) states that ``Any State may * * * 
suspend or revoke any [indirect source review program], provided the 
[implementation plan] meets the requirements of [section 110].'' 
Minnesota is maintaining these regulations as State enforceable 
requirements, and will continue to implement indirect source review, 
but the State is seeking to remove these regulations from the federally 
enforceable SIP. The SIP has been found to meet the requirements of 
Section 110, and so the criteria in section 110(a)(5)(A)(iii) for 
removal of the indirect source regulations from Minnesota's SIP have 
been satisfied. Consequently, USEPA is removing these regulations from 
the SIP.
    A final set of regulations recommended for elimination concern open 
burning. MPCA explained that the Minnesota Legislature rescinded these 
air pollution regulations and incorporated similar restrictions into 
legislation administered by the Minnesota Department of Natural 
Resources (DNR). MPCA argued that particulate matter emitted from open 
burning was not found to be significant in the State's development of 
plans to address the nonattainment areas, and argued that these 
regulations may be considered to be nuisance regulations rather than 
particulate matter regulations. Nevertheless, MPCA's submittal states 
``If the EPA does not approve the MPCA's request to remove the open 
burning program from the SIP, then the MPCA requests that the 
applicable portions of [the current statute that addresses open 
burning] be incorporated as part of Minnesota's SIP * * *.''
    Minnesota's open burning regulations generally prohibit open 
burning of leaves and other vegetative material, with exemptions for 
campfires and cooking and exemptions for certain types of burning which 
may be conducted upon receipt of a permit. Open burning causes 
emissions most notably of particulate matter and also of carbon 
monoxide, hydrocarbons, and air toxicants. MPCA has not attempted to 
analyze the ambient impact of eliminating these restrictions. Available 
evidence is limited but suggests that the impacts of open burning can 
be significant. Therefore, absent evidence to the contrary, USEPA finds 
that open burning should be retained as part of the Minnesota SIP. 
USEPA further finds that the alternative of revising the SIP by 
replacing the old regulations with the new statute is fully 
appropriate. The statute provides essentially the same or better air 
quality benefits insofar as it provides for more effective 
administration of similar restrictions. This alternative would remove 
the open burning program from ``MPCA's regulatory program,'' as 
requested by MPCA. (This portion of the SIP would be administered by 
the Minnesota DNR.) Although Minnesota planned in any case to continue 
the open burning restrictions in force, this alternative would retain 
these restrictions as part of the Federal SIP, thereby retaining 
Federal authority to object should the State subsequently wish to end 
the restrictions. Therefore, USEPA is approving Minnesota's alternative 
of replacing MPCA regulations with State statutes.
Recodification

    MPCA requested that USEPA renumber the rules in the SIP to be 
consistent with the State's current numbering system. This renumbering 
itself would not change any of the substance of the requirements 
included in these rules. USEPA approves this renumbering, to make the 
SIP consistent with current State rule numbering.

Other Revisions

    The most significant other revisions requested by MPCA concern the 
definitions given in Rule 7005.0100. All of the definitions requested 
by MPCA are acceptable. However, rulemaking on these revisions is 
complicated by the interrelationship with other rulemakings on Rule 
7005.0100. In USEPA's rulemaking on a prior recodification request 
(published March 23, 1993, at 58 FR 15433), USEPA chose not to approve 
post-1985 revisions to Rule 7005.0100 due to their significance to 
permitting rules which were still under review. Recent rulemaking on a 
subsequent set of permitting rules approved selected revisions to this 
rule. Consequently, this submittal includes only a small number of 
definitions that differ from definitions that have already been 
approved. Nevertheless, for convenience, USEPA is approving the full 
set of definitions in Rule 7005.0100 as submitted by MPCA. (Note that 
Subpart 25a, defining ``National Emissions Standards for Hazardous Air 
Pollutant,'' was excluded from MPCA's submittal and is therefore 
excluded from the approved SIP.)
    A further significant revision included in MPCA's recodification 
submittal is an enhancement of requirements for sources to report 
emissions. (These provisions do not address the requirements in amended 
section 114 of the Clean Air Act for enhanced compliance monitoring.) 
USEPA approves this revision, which would replace Rule 7005.1870 (4) 
with Rules 7019.3000 and 7019.3010.

Rulemaking Action

    USEPA is making various revisions in accordance with Minnesota's 
request. USEPA is recodifying the SIP to reflect the new Minnesota rule 
numbering. In addition, this action (1) replaces the open burning 
regulations with the current statutory provisions (rather than removing 
the restrictions altogether), (2) modifies the delineation of new 
source limits that are excluded from the SIP, (3) removes the odor 
regulations and indirect source regulations from the SIP, (4) 
incorporates the enhanced emission reporting regulations, and (5) makes 
various other minor revisions requested by MPCA. The codification of 
this rulemaking delineates the revised SIP. The specific regulations 
that are revised by this action are discussed in detail in the 
technical support document for this rulemaking.
    This action is being taken without prior proposal because the 
changes are believed to be noncontroversial and USEPA anticipates no 
significant comments on them. This action will be effective July 24, 
1995 unless adverse or critical comments are received by June 23, 1995.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. USEPA shall consider each request for revision to the SIP in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The OMB has exempted this regulatory action from 
Executive Order 12866 review.
    Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et seq., 
USEPA must prepare a regulatory flexibility analysis assessing the 
impact of any proposed or final rule on small entities. (5 U.S.C. 
Secs. 603 and 604.) Alternatively, USEPA may certify that the rule will 
not have a significant impact on a substantial number of small 
entities. Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but [[Page 27413]] simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP-approval does not impose any new requirements, I certify 
that it does not have a significant impact on any small entities 
affected. Moreover, due to the nature of the Federal-State relationship 
under the CAA, preparation of a regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of State 
action. The CAA forbids USEPA to base its actions concerning SIPs on 
such grounds. Union Electric Co. v. USEPA, 427 U.S. 246, 256-66 (S.Ct. 
1976); 42 U.S.C. section 7410(a)(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by [60 days from the date of 
publication]. Filing a petition for reconsideration by the 
Administrator of this final rule does not affect the finality of this 
rule 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, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, New source review, Nitrogen dioxide, Ozone, Particulate matter, 
Sulfur oxides, Volatile organic compounds.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of Minnesota was approved by the Director of the 
Federal Register on July 1, 1982.

    Dated: March 20, 1995.
David A. Ullrich,
Acting Regional Administrator.

    Title 40 of the Code of Federal Regulations, chapter I, part 52, is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

    1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. Section 52.1220 is amended by adding paragraph (c)(40) to read 
as follows:


Sec. 52.1220  Identification of plan.

* * * * *
    (c) * * *
    (40) On November 23, 1993, the State of Minnesota requested 
recodification of the regulations in its State Implementation Plan, 
requested removal of various regulations, and submitted recodified 
regulations containing minor revisions.
    (i) Incorporation by reference.
    (A) Minnesota regulations in Chapters 7005, 7007, 7009, 7011, 7017, 
7019, and 7023, effective October 18, 1993.
    (B) Submitted portions of Minnesota Statutes Sections 17.135, 
88.01, 88.02, 88.03, 88.16, 88.17, and 88.171, effective 1993.
    3. Section 52.1222 is revised to read as follows:


Sec. 52.1222  EPA-approved Minnesota State regulations.

    The following table identifies the State regulations submitted to 
and approved by EPA as revisions to the Minnesota State Implementation 
Plan (SIP). This table is for informational purposes only and does not 
have any independent regulatory effect. This table also does not 
include administrative orders that have been approved into the SIP. To 
determine regulatory requirements for a specific situation consult the 
plan identified in Sec. 52.1220. To the extent that this table 
conflicts with Sec. 52.1220, Sec. 52.1220 governs.

                                    Table 52.1222.--EPA Approved Regulations                                    
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                                                                        Effective      Relevant para.s in Sec.  
   Rule description     Minnesota rule numbers     Contents of SIP         date              52.1220 \1\        
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Definitions and         7005.0100-.0110.......  Full rules except         10/18/93  b,c20,c40.                  
 Abbreviations.                                  def'n of NESHAP.                                               
Air Emission Permits..  7007.0050-.1850.......  Full rules...........      8/10/93  b,c3,c5, c24,c26,c39.       
Offsets...............  7007.4000-.4030.......  Full rules...........     10/18/93  c33.                        
Ambient Air Quality     7009.0010-.0080.......  All except 7009.0030      10/18/93  b,c3,c26.                   
 Standards.                                      and 7009.0040.                                                 
Air Pollution Episodes  7009.1000-.1110.......  Full rules...........     10/18/93  c1,c21.                     
Applicability.........  7011.0010, .0020......  Full rules...........     10/18/93  b,c20                       
Opacity...............  7011.0100-.0120.......  All except 7011.0120.     10/18/93  b,c3,c20.                   
Fugitive Particulate..  7011.0150.............  Full rules...........     10/18/93  b.                          
Indirect Heating        7011.0500-.0550.......  Full rules...........     10/18/93  b,c3,c20,c21                
 Equipment.                                                                                                     
Direct Heating          7011.0600-.0620.......  Full rules...........     10/18/93  c20,c21.                    
 Equipment.                                                                                                     
Industrial Process      7011.0700-.0735.......  Full rules...........     10/18/93  b,c20                       
 Equipment.                                                                                                     
Portland Cement Plants  7011.0800-.0825.......  All except 7011.0810.     10/18/93  c20,c40.                    
Asphalt Concrete        7011.0900-.0920.......  All except 7011.0910.     10/18/93  c20,c40.                    
 Plants.                                                                                                        
Grain Elevators.......  7011.1000-.1015.......  All except                10/18/93  c20,c25,c40.                
                                                 7011.1005(2).                                                  
Coal Handling           7011.1100-.1140.......  All except 7011.1130.     10/18/93  c21.                        
 Facilities.                                                                                                    
Incinerators..........  7011.1201-.1207.......  All rules for             10/18/93  b,c20,c40.                  
                                                 ``existing sources''                                           
                                                 \2\.                                                           
Sewage Sludge           7011.1300-.1325.......  All rules for             10/18/93  c20,c40                     
 Incinerators.                                   ``existing sources''.                                          
Petroleum Refineries..  7011.1400-.1430.......  All rules for             10/18/93  c20,c21.                    
                                                 ``existing sources''.                                          
Liquid Petroleum and    7011.1500-.1515.......  All rules for             10/18/93  b,c21.                      
 VOC Storage Vessels.                            ``existing sources''.                                          
Sulfuric Acid Plants..  7011.1600-.1630.......  All except 7011.1610.     10/18/93  b,c3,c21,c40                
Nitric Acid Plants....  7011.1700-.1725.......  All except 7011.1710.     10/18/93  b,c3,c21,c40.               
Inorganic Fibrous       7011.2100-.2105.......  All rules............     10/18/93  c20.                        
 Materials.                                                                                                     
Stationary Internal     7011.2300.............  Entire rule..........     10/18/93  b,c21.                      
 Combustion Engine.                                                                                             
CEMS..................  7017.1000.............  Entire Rule..........     10/18/93  c20.                        
Performance Tests.....  7017.2000.............  Entire Rule..........     10/18/93  c20.                        
Notifications.........  7019.1000.............  Entire Rule..........     10/18/93  c20.                        
Reports...............  7019.2000.............  Entire Rule..........     10/18/93  c20.                        
Emission Inventory....  7019.3000, .3010......  All rules............     10/18/93  c20,c40.                    
[[Page 27414]]
                                                                                                                
Motor Vehicles........  7023.0100-.0120.......  All rules............     10/18/93  b,c21.                      
Open Burning..........  Portions of Chapter 17  All submitted                 1993  b,c21,c26, c40.             
                         and 88 of MN Statutes.  portions of Sections                                           
                                                 17.135, 88.01,                                                 
                                                 88.02, 88.03, 88.16,                                           
                                                 88.17, and 88.171.                                             
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\1\ Recodifications affect essentially all rules but are shown only for substantively revised rules.            
\2\ ``Existing'' sources are sources other than those subject to a new source performance standard.             

[FR Doc. 95-12619 Filed 5-23-95; 8:45 am]
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