[Federal Register Volume 69, Number 159 (Wednesday, August 18, 2004)]
[Rules and Regulations]
[Pages 51181-51184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18766]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2004-MN-0001; FRL-7794-5]


Approval and Promulgation of Implementation Plans; Minnesota; 
Sulfur Dioxide; United Defense

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a revision to Minnesota's State 
Implementation Plan (SIP) for Sulfur Dioxide (SO2) for the 
United Defense, LP facility located in Anoka County at 4800 East River 
Road, Fridley, Minesota. This revision replaces the Administrative 
Order, originally issued to the facility on May 27, 1992, with a Title 
V permit containing non-expiring Title I SIP conditions, issued on 
November 25, 2002. The Minnesota Pollution Control Agency (MPCA) 
submitted this SIP revision on December 19, 2002.

DATES: This ``direct final'' rule is effective on October 18, 2004, 
unless EPA receives adverse written comments by September 17, 2004. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the rule in the Federal Register and inform the public that the rule 
will not take effect.

[[Page 51182]]


ADDRESSES: Submit comments, identified by Docket ID No. R05-OAR-2004-
MN-0001 by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    E-mail: [email protected].
    Fax: (312) 886-5824.
    Mail: You may send written comments to: J. Elmer Bortzer, Chief, 
Air Programs Branch, (AR-18J), Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief, 
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 a.m. to 4:30 p.m. excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. R05-OAR-2004-
MN-0001. EPA's policy is that all comments received will be included in 
the public docket without change, 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 regulations.gov, or 
e-mail. The federal 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 
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. For 
additional instructions on submitting comments, go to section I of the 
SUPPLEMENTARY INFORMATION section of the related proposed rule which is 
published in the proposed rules section of this Federal Register.
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Publicly available docket materials are available either 
electronically in EDOCKET or in hard copy at Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. (We recommend that you telephone 
Kathleen D'Agostino, Environmental Engineer, at (312) 886-1767 before 
visiting the Region 5 office.) This Facility is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), EPA 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 
886-1767, [email protected].

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

I. General Information
    A. Does this Action Apply to Me?
    B. How Can I Get Copies of This Document and Other Related 
Information?
    C. How and To Whom Do I Submit Comments?
II. What Has Minnesota Submitted?
III. Did Minnesota Hold a Public Hearing?
IV. What Action is EPA Taking?
V. Statutory and Executive Order Reviews

I. General Information

A. Does This Action Apply to Me?

    This action is rulemaking on a Sulfur Dioxide plan for the United 
Defense, LP facility located in Anoka County.

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

    1. The Regional Office has established an electronic public 
rulemaking file available for inspection on EDOCKET and a hard copy 
file which is available for inspection at the Regional Office. EPA has 
established an official public rulemaking file for this action under 
Docket ID No. R05-OAR-2004-MN-0001. 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 person 
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 a.m. to 4:30 p.m. 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.

C. 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 ``R05-OAR-
2004-MN-0001'' 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.
    For detailed instructions on submitting public comments and on what 
to consider as you prepare your comments see the ADDRESSES section and 
the section I General Information of

[[Page 51183]]

the SUPPLEMENTARY INFORMATION section of the related proposed rule 
which is published in the proposed rules section of this Federal 
Register.

II. What Has Minnesota Submitted?

    On December 19, 2002, the MPCA submitted a revision to Minnesota's 
SIP for SO2 for the United Defense, LP facility located in 
Anoka County at 4800 East River Road, Fridley, Minnesota. This revision 
replaces the Administrative Order, originally issued to the facility on 
May 27, 1992, with a Title V permit containing non-expiring Title I SIP 
conditions, issued on November 25, 2002.
    In addition to changing the form of the SIP for United Defense, the 
revision reflects several operational changes which result in reduced 
modeled ambient SO2 impacts. The revised SIP reflects the 
fact that several older boilers were replaced by three newer units 
according to the schedule in the original Administrative Order. In 
addition, non-expiring permit conditions limit the sulfur content in 
the fuel used, whereas the Administrative order set emission limits for 
SO2. The new boilers are restricted to using either natural 
gas or No. 2 fuel oil with a maximum of 0.05 percent sulfur by weight; 
the Administrative Order allowed up to 0.40 percent sulfur. Standby 
generators are restricted to using diesel fuel with a maximum sulfur 
content of 0.05 percent; the Administrative Order allowed up to 0.50 
percent sulfur. The permit no longer allows the use of waste oil, with 
up to 1.9 percent sulfur, which had been allowed by the Administrative 
Order. To demonstrate compliance with these provisions, the facility is 
required to obtain and maintain written documentation of each shipment 
of No. 2 fuel oil and diesel fuel oil received for the boilers. The 
documentation must include the sulfur content of the fuel and the 
method used to determine the sulfur content.
    The facility has also established federally enforceable emission 
limits for volatile organic compounds, nitrogen oxides, hazardous air 
pollutants, particulate matter, and total particulate matter to avoid 
classification as a major source under new source review or national 
emission standards for hazardous air pollutants.
    Minnesota has submitted updated dispersion modeling to support the 
proposed changes at the facility.

III. Did Minnesota Hold a Public Hearing?

    Under Minnesota administrative procedures, the MPCA may publish a 
public notice and offer the opportunity for a public hearing in lieu of 
automatically holding a hearing. The MPCA published notice of its 
intended action on this permit and SIP revision; instituted a public 
comment period which ran from October 17, 2002, to November 15, 2002; 
and offered the opportunity for interested persons to request that MPCA 
hold a public information meeting, request that MPCA hold a contested 
case hearing, and/or submit a petition to the Commissioner requesting 
that the MPCA Board consider the permit matter. The MPCA received no 
comments pertaining to the SIP conditions and there were no requests 
for a public hearing.

IV. What Action Is EPA Taking?

    EPA is approving the December 19, 2002, revision to SIP for 
SO2 for the United Defense, LP facility located in Anoka 
County at 4800 East River Road, Fridley, Minnesota. The recordkeeping 
requirements are appropriate to demonstrate compliance with sulfur 
content limits and the state has demonstrated through appropriate use 
of dispersion modeling that the area remains in attainment of the 
National Ambient Air Quality Standards for SO2.

V. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    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.

Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    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).

Regulatory Flexibility Act

    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.).

Unfunded Mandates Reform Act

    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 (Pub. L. 104-4).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    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).

Executive Order 13132: Federalism

    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.

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    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.

National Technology Transfer Advancement Act

    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.

[[Page 51184]]

Paperwork Reduction Act

    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.).

Congressional Review Act

    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 rule 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 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 October 18, 2004. 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, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: July 19, 2004.
Norman Niedergang,
Acting Regional Administrator, Region 5.


0
Part 52, chapter I, title 40 of the Code of Federal Regulations 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. Section 52.1220 is amended by adding paragraph (c)(65) to read as 
follows:


Sec.  52.1220  Identification of plan.

* * * * *
    (c) * * *
    (65) The Minnesota Pollution Control Agency submitted a revision to 
Minnesota's State Implementation Plan for sulfur dioxide on December 
19, 2002. This revision consists of a Title V permit for the United 
Defense, LP facility located in Anoka County at 4800 East River Road, 
Fridley, Minnesota. The Permit contains non-expiring Title I SIP 
conditions.
    (i) Incorporation by reference.
    (A) Title I conditions contained in the November 25, 2002, Title V 
permit (permit number 00300020-001) issued to the United Defense, LP 
facility located in Anoka County at 4800 East River Road, Fridley, 
Minnesota.

[FR Doc. 04-18766 Filed 8-17-04; 8:45 am]
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