[Federal Register Volume 68, Number 169 (Tuesday, September 2, 2003)]
[Rules and Regulations]
[Pages 52106-52110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22157]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MN73-1-7298a; FRL-7541-5]


Approval and Promulgation of Implementation Plans; Minnesota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency is approving a site-
specific revision to the Minnesota particulate matter (PM) State 
Implementation Plan (SIP) for Lafarge Corporation's (Lafarge) facility 
located on Red Rock Road in Saint Paul, Ramsey County, Minnesota. By 
its submittal dated July 18, 2002, the Minnesota Pollution Control 
Agency (MPCA) requested that EPA approve Lafarge's state operating 
permit into the Minnesota PM SIP. The request is approvable because it 
meets the requirements of the Clean Air Act (Act). The rationale for 
the approval and other information are provided in this rulemaking 
action.

[[Page 52107]]


DATES: This direct final rule will be effective November 3, 2003, 
unless EPA receives adverse comment by October 2, 2003. If EPA receives 
adverse comments, 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: Written comments may be mailed to: Carlton Nash, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), United 
States Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    Comments may also be submitted electronically or through hand 
delivery/courier, please follow the detailed instructions described in 
part (I)(B)(1)(i) through (iii) of the Supplementary Information 
section.
    Copies of the documents relevant to this action are available for 
inspection during normal business hours at the above address. (Please 
telephone Christos Panos at (312) 353-8328, before visiting the Region 
5 office.)
    A copy of the SIP revision is available for inspection at the 
Office of Air and Radiation (OAR) Docket and Information Center (Air 
Docket 6102), Room M1500, United States Environmental Protection 
Agency, 401 M Street SW., Washington, DC 20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Christos Panos, Regulation Development 
Section, Air Programs Branch (AR-18J), Air and Radiation Division, 
United States Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8328. 
[email protected].

SUPPLEMENTARY INFORMATION: This supplemental information section is 
organized as follows:

I. General Information.
II. EPA Action and Review.
    1. What action is EPA taking today?
    2. Why is EPA taking this action?
III. Background on Minnesota Submittal.
    1. What is the background for this action?
    2. What information did Minnesota submit, and what were its 
requests?
    3. What is a ``Title I Condition?''
IV. Final Rulemaking Action.
V. Administrative Requirements.

I. General Information.

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under ``Region 5 Air Docket MN73''. The official public file consists 
of the documents specifically referenced in this action, any public 
comments received, and other information related to this action. 
Although a part of the official docket, the public rulemaking file does 
not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public rulemaking file is the collection of materials that is available 
for public viewing at the Air Programs Branch, Air and Radiation 
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 
60604. EPA requests that if at all possible, you contact the contact 
listed in the For Further Information Contact section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30 excluding Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the Regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 Air Docket MN73'' in 
the subject line on the first page of your comment. Please ensure that 
your comments are submitted within the specified comment period. 
Comments received after the close of the comment period will be marked 
``late.'' EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. 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.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected]. Please include the text ``Public comment on 
proposed rulemaking Region 5 Air Docket MN73'' in the subject line. 
EPA's e-mail system is not an ``anonymous access'' system. If you send 
an e-mail comment directly without going through Regulations.gov, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket.
    ii. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then click on the button 
``TO SEARCH FOR REGULATIONS CLICK HERE'', and select Environmental 
Protection Agency as the Agency name to search on. The list of current 
EPA actions available for comment will be listed. Please follow the 
online instructions for submitting comments. The system is an 
``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII

[[Page 52108]]

file format. Avoid the use of special characters and any form of 
encryption.
    2. By Mail. Send your comments to: Carlton Nash, Chief, Regulation 
Development Section, Air Programs Branch, (AR-18J), U.S. Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Please include the text ``Public comment on proposed 
rulemaking Regional Air Docket MN73'' in the subject line on the first 
page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Carlton 
Nash, Chief, Regulation Development Section, Air Programs Branch, (AR-
18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30 excluding Federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

II. EPA Action and Review

1. What Action Is EPA Taking Today?

    In this action, EPA is approving into the Minnesota PM SIP certain 
portions of Minnesota Air Emission Permit No. 12300353-002, issued to 
Lafarge Corporation--Red Rock Terminal on May 7, 2002. Specifically, 
EPA is only approving into the SIP those portions of the permit cited 
as ``Title I condition: SIP for PM10 NAAQS.''

2. Why Is EPA Taking This Action?

    EPA is taking this action because the state's request does not 
change any of the emission limitations currently in the SIP. The 
revised permit includes the addition of a pneumatic vacuum pump and a 
new cement silo. The revision to the SIP does not approve any new 
construction or allow an increase in emissions, thereby continuing to 
provide for attainment and maintenance of the PM National Ambient Air 
Quality Standards (NAAQS) and satisfying the applicable PM requirements 
of the Act.
    The pneumatic vacuum pump, which was in place and already 
controlled by a baghouse, had inadvertently been omitted from the Red 
Rock Road permit approved into the SIP by EPA in 1999. After consulting 
EPA, MPCA was advised that a major amendment to the permit was not 
needed to include this existing unit and that the pneumatic vacuum pump 
unit should be added into the permit during the next major amendment. 
Therefore, MPCA included the emission unit and baghouse in the 2002 
permit amendment.
    The 2002 permit includes a major amendment authorizing the 
additional emission point associated with a new cement silo. The silo 
emissions are to be controlled by a baghouse located on the top of the 
silo. Although actual emissions of PM from the facility would most 
likely decrease, the installation of the new unit did change the 
modeling parameters for the facility, thereby requiring a revision to 
the SIP.

III. Background on Minnesota Submittal

1. What Is the Background for This Action?

    Lafarge's Red Rock Road facility is located at 1363 Red Rock Road 
in Saint Paul, Ramsey County, Minnesota. On July 22, 1998, MPCA 
submitted to EPA a SIP revision for Ramsey County, Minnesota, for the 
control of PM emissions from certain sources located along Red Rock 
Road. Included in this submittal was a state operating permit for 
Lafarge Corporation (Air Emission Permit No. 12300353-001 issued by 
MPCA on April 14, 1998), which includes and identifies the Title I SIP 
conditions for the Red Rock Road facility. The EPA took final action 
approving the Lafarge Red Rock Road permit into the PM SIP on August 
13, 1999 (64 FR 44131).

2. What Information Did Minnesota Submit, and What Were Its Requests?

    The SIP revision submitted by MPCA on July 18, 2002, consists of a 
revised state operating permit issued to the Lafarge Red Rock Road 
facility. The state has requested that EPA approve the following: the 
inclusion into the Minnesota PM SIP of only the portions of the revised 
Lafarge--Red Rock Terminal permit cited as ``Title I condition: SIP for 
PM10 NAAQS.''

3. What Is a ``Title I Condition?''

    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. The state then issued permanent Administrative Orders to 
culpable sources in nonattainment areas from 1991 to February of 1996.
    Minnesota's Title V permitting rule, approved into the state SIP on 
May 2, 1995 (60 FR 21447), includes 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.''
    Minnesota has since resumed using permits as the enforceable 
document for imposing emission limitations and compliance requirements 
in SIPs. The SIP requirements in the permit submitted by MPCA are cited 
as ``Title I condition: SIP for PM10 NAAQS,'' therefore assuring that 
the SIP requirements will remain permanent and enforceable. In 
addition, EPA reviewed the state's procedure for using permits to 
implement site-specific SIP requirements and found it to be acceptable 
under both Titles I and V of the Act (July 3, 1997 letter from David 
Kee, EPA, to Michael J. Sandusky, MPCA). The MPCA has committed to 
using this procedure if the Title I SIP conditions in the permit issued 
to the

[[Page 52109]]

Lafarge Red Rock Road facility and included in the SIP submittal need 
to be revised in the future.

IV. Final Rulemaking Action

    EPA is approving the site-specific SIP revision for the Lafarge Red 
Rock Road facility, located in Saint Paul, Ramsey County, Minnesota. 
Specifically, EPA is approving into the SIP only those portions of 
Lafarge's state operating permit cited as ``Title I condition: SIP for 
PM10 NAAQS.''
    The EPA is 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 
comments are filed. This rule will be effective November 3, 2003 
without further notice unless we receive relevant adverse comments by 
October 2, 2003. 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. We will then address all public 
comments received in a subsequent final rule based on the proposed 
action. The 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 November 
3, 2003.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future implementation 
plan. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding this action under section 801 because 
this is a rule of particular applicability.
    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 November 3, 2003. 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 16, 2003.
Norman Neidergang,
Acting Regional Administrator, Region 5.

0
Title 40 of the Code of Federal Regulations, chapter I, 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. 7401-7671q.

0
2. Section 52.1220 is amended by adding paragraph (c)(64) to read as 
follows:


Sec.  52.1220  Identification of plan.

* * * * *
    (c) * * *
    (64) On July 18, 2002, the State of Minnesota submitted a site-
specific revision to the Minnesota particulate matter (PM) SIP for the 
Lafarge Corporation (Lafarge) Red Rock Road facility, located in Saint 
Paul, Ramsey County, Minnesota. Specifically, EPA is

[[Page 52110]]

approving into the PM SIP only those portions of the Lafarge Red Rock 
Road facility state operating permit cited as ``Title I condition: SIP 
for PM10 NAAQS.''
    (i) Incorporation by reference.
    (A) AIR EMISSION PERMIT NO. 12300353-002, issued by the Minnesota 
Pollution Control Agency (MPCA) to Lafarge Corporation--Red Rock 
Terminal on May 7, 2002, Title I conditions only.

[FR Doc. 03-22157 Filed 8-29-03; 8:45 am]
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