[Federal Register Volume 69, Number 160 (Thursday, August 19, 2004)]
[Rules and Regulations]
[Pages 51371-51373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18953]



[[Page 51371]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MN73-3; FRL-7794-8]


Approval and Promulgation of State Implementation Plans; 
Minnesota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA 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 satisfies the requirements of the 
Clean Air Act (Act). The rationale for the approval and other 
information are provided in this rulemaking action.

DATES: This rule is effective September 20, 2004.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. MN-73. All documents in the docket are listed in the index. 
Although listed in the index, some information is not publicly 
available, i.e., confidential business information (CBI) or other 
information where disclosure is restricted by statute. Publicly 
available docket materials are available in hard copy at the following 
address: United States Environmental Protection Agency, Region 5, Air 
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
60604. The Docket Facility is open during normal business hours, Monday 
through Friday, excluding legal holidays. We recommend that you 
telephone Christos Panos at (312) 353-8328, before visiting the Region 
5 office.

FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch, United 
States Environmental Protection Agency, Region 5, Mailcode AR-18J, 77 
West Jackson Boulevard, Chicago, Illinois 60604. Telephone: (312) 353-
8328. E-mail address: [email protected].

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

I. Does this Action Apply to Me?
II. What Action Is EPA Taking Today?
    1. 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. Statutory and Executive Order Reviews

General Information

I. Does This Action Apply to Me?

    This action applies to a single source, Lafarge Corporation's 
facility located on Red Rock Road in Saint Paul, Ramsey County, 
Minnesota.

II. 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.''

1. 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 providing 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:
    ``(1) The inclusion of only the portions of the revised Lafarge-
Rock Terminal permit cited as ``Title I condition: SIP for PM10 NAAQS'' 
into the Minnesota PM SIP.''

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

[[Page 51372]]

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 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.''

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 (Public Law 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

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTA), 15 U.S.C. 272, requires Federal agencies to use 
technical standards that are developed or adopted by voluntary 
consensus to carry our policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impracticable. In 
reviewing program submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the Act. Absent a prior 
existing requirement for the State to use voluntary consensus 
standards, EPA has no authority to disapprove a program submission for 
failure to use such standards, and it would thus be inconsistent with 
applicable law for EPA to use voluntary consensus standards in place of 
a program submission that otherwise satisfies the provisions of the 
Act. Therefore, the requirements of section 12(d) of the NTTA do not 
apply.

Civil Justice Reform

    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct.

Governmental Interference With Constitutionally Protected Property 
Rights

    EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the rule in accordance 
with the ``Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order, and has determined that the rule's 
requirements do not constitute a taking.

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, EPA 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

[[Page 51373]]

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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: July 21, 2004.
Norman Niedergang,
Acting Regional Administrator, Region 5.


0
For the reasons stated in the preamble, part 52, chapter I, of 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.

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 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. 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. 04-18953 Filed 8-18-04; 8:45 am]
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