[Federal Register Volume 75, Number 155 (Thursday, August 12, 2010)]
[Rules and Regulations]
[Pages 48864-48867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19822]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0035; FRL-9187-5]


Approval and Promulgation of Air Quality Implementation Plans; MN

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving Minnesota's request to amend its State 
Implementation Plan (SIP) for sulfur dioxide (SO2). The 
Minnesota Pollution Control Agency (MPCA) submitted the SIP revision 
request to EPA on November 23, 2009, and supplemented it on March 3, 
2010. EPA's approval revises SIP requirements applicable to Saint 
Mary's Hospital, located in Rochester, Minnesota, by adding a 2500 
kilowatt (KW) reciprocating internal combustion engine (RICE) electric 
generator and reducing the allowable diesel fuel sulfur content for two 
existing RICE electric generators. The revision also includes 
administrative changes in the identification of emissions units. These 
revisions are included in a joint Title I/Title V document for Saint 
Mary's Hospital, which replaces the document currently approved into 
the SIP for the facility. These revisions will result in reducing the 
SO2 impact in the Rochester area, and strengthen the 
existing SO2 SIP.

DATES: This direct final rule will be effective October 12, 2010, 
unless EPA receives adverse comments by September 13, 2010. 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-2010-0035, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (312) 629-2054.
    4. Mail: Jay Bortzer, Chief, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    5. Hand Delivery: Jay Bortzer, Chief, 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-
2010-0035. 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 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 Charles Hatten, Environmental Engineer, 
at (312) 886-6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. General Information
II. What revision did the State request be incorporated into the 
SIP?
III. What is EPA's analysis of the State submission?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. General Information

A. Does this action apply to me?

    This action applies only to the Saint Mary's Hospital, located at 
1216 Second St., Rochester, Minnesota (Olmsted County).

B. Has public notice been provided?

    Minnesota published a public notice of the revisions to the SIP on 
August 22, 2009. The comment period began on August 23, 2009, and ended 
on September 23, 2009. In the public notice, Minnesota 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. Because no one requested a public hearing, 
Minnesota did not hold a public hearing.

Background

    Saint Mary's Hospital is a tertiary care hospital which includes 
several buildings located on a 49 acre campus. The Saint Mary's 
Hospital is owned and operated by the Mayo Foundation. The facility is 
a culpable source located in the Rochester area's nonattainment plan 
for the SO2 National Ambient Air Quality Standard (NAAQS). 
However, the area currently meets the NAAQS for SO2, and was 
officially redesignated as attainment on May 8, 2001. (66 FR 14087)
    The primary emission units at the facility are three identical 
fossil fuel-

[[Page 48865]]

fired boilers (Nos. 1, 2, and 3), which exhaust through a common stack; 
one cogeneration turbine; and two emergency RICE generators. Each 
boiler burns natural gas as fuel with distillate oil as a backup fuel. 
The cogeneration turbine burns only natural gas. One of the RICE 
generators burns only distillate oil; the other can burn distillate oil 
or operate in a dual-fuel mode (95% natural gas and 5% distillate oil/
very low sulfur diesel).
    Saint Mary's Hospital is planning to make a physical change to the 
facility by adding a new RICE electric generator. The facility will 
also be required to reduce the allowable diesel fuel sulfur content for 
two existing emergency RICE electric generators. The State provided a 
modeling analysis of the effect of the changes at the facility on local 
SO2. Below, in Section III, a more detailed discussion of 
the modeling analysis and its results can be found.

II. What revision did the State request be incorporated into the SIP?

    The State has requested that EPA approve, as a revision to the 
Minnesota SIP, a new joint Title I/Title V document that incorporates: 
(1) Administrative changes in the identification of emission units, (2) 
the installation a 2500 KW RICE electric generator, and (3) a reduction 
in the allowable diesel fuel sulfur content for two existing RICE 
electric generators.

A. What prior SIP actions are pertinent to this action?

    The facility has been subject to a federally enforceable permit 
incorporated into Minnesota's SIP as a joint Title I/Title V document, 
containing requirements for ensuring the attainment of the NAAQS for 
SO2. As a result, the facility is subject to fuel usage 
limitations to restrict the total facility SO2 emissions.

B. 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. Minnesota then issued permanent Administrative Orders to 
culpable sources in nonattainment areas from 1991 to February of 1996.
    Minnesota's consolidated permitting regulations, approved into the 
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 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 (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?

    This SIP revision replaces the joint Title I/Title V document 
currently approved into the SIP for Saint Mary's Hospital with a new 
joint Title I/Title V document, Air Permit No. 10900008-003. The new 
joint document includes administrative changes in the identification of 
emission units, adds a 2500 KW RICE electric generator, and reduces the 
allowable diesel fuel sulfur content for two existing RICE electric 
generators.

Administrative Changes

    The new joint document reflects administrative changes in how the 
emission units are described. Boilers 1, 2, and 3 were listed in the 
joint document previously issued to Saint Mary's Hospital and 
identified as EU038, EU039, and EU040. In the new joint document, Air 
Permit No. 10900008-003, these boilers are now identified as EU001, 
EU002, and EU003. Correspondingly, the two existing emergency RICE 
generators, which were previously identified as EU0041 and EU0042, are 
now identified as EU005 and EU006.

New Electric Generator

    The amendment to the SIP allows the installation of a new RICE 
electric generator. The new RICE generator, identified as EU012, is a 
2500 kilowatt non-emergency compression ignition diesel engine subject 
to 40 CFR part 60, subpart IIII, for 2007 model year engines with 
displacement less than 10 liters per cylinder. In Sec.  60.4207 of 40 
CFR part 60, subpart IIII, the new electric generator is subject to a 
requirement to burn only diesel fuel with a sulfur content of less than 
500 parts per million (ppm) by weight. This represents a limit of 0.05% 
sulfur by weight. Further, as of October 1, 2010, this diesel fuel oil 
limit will decrease to 15 ppm by weight (0.0015% sulfur by weight). 
This new diesel fuel oil limit is imposed by 40 CFR 80.510 upon owners 
or operators of new engines subject to 40 CFR part 60, subpart IIII, 
and is listed as a SIP condition to ensure that it will not exceed this 
Federal standard.
    In addition to the above said requirements, the SO2 
emissions for new RICE generator will be limited to 1.52 tons per year 
based upon an operational restriction of 2045 hours per year.

Reduced SO2 Limits

    The existing boilers, cogeneration turbine, and generators are 
subject to fuel sulfur limits in order to comply with the NAAQS 
requirements for SO2. As noted above, the cogeneration 
turbine burns only natural gas, and therefore is not subject to any 
Title I SIP conditions for SO2. The SO2 SIP 
emission limits for the boilers are unchanged. The boilers must burn 
only natural gas and low-sulfur distillate fuel, less than 0.5% sulfur 
by weight.
    The existing generators have been subject to a requirement to burn 
distillate oil with sulfur content less than 0.41% by weight. In order 
to add the new generator and ensure that the emissions from the 
facility remain at or below current SIP levels, Saint Mary's Hospital 
agreed to align the fuel sulfur requirements of the existing generators 
with the new generator. Thus, the existing generators will be subject 
to the same requirements as the new generator; namely, a requirement to 
burn only diesel fuel with a sulfur content of less than 500 ppm by 
weight. This new limit of 0.05% sulfur by weight is considerably lower 
than the old limit of 0.41% sulfur by weight, resulting in a decrease 
in the amount of SO2 emissions from the existing generators

[[Page 48866]]

by a factor of 8.2 (0.41/0.05). Further, the diesel fuel oil limit for 
the existing generators will decrease to 15 ppm by weight (0.0015% 
sulfur by weight) as of October 1, 2010, which is the same as the limit 
imposed on the new generator by 40 CFR 80.510.

Modeling

    The SIP revision does not include any increases in SO2 
emission limits but, because some of the changes being made to the 
facility may affect the release and dispersion of SO2 
emissions, Saint Mary's Hospital performed an air quality analysis to 
address the facility's impact on the SO2 NAAQS. The facility 
was modeled both with and without the new generator. The modeling was 
done with the AERMOD air dispersion model using meteorological data 
from 1986 to 1990, and included flagpole receptors in downtown 
Rochester. The high-first-high results for each standard averaging time 
(1 hour, 3 hour, 24 hour, and annual) were compared for the two 
scenarios at each receptor. With the addition of the 500 ppm by weight 
fuel oil sulfur content for the two existing generators, the results 
showed equivalent or decreased ambient impacts from the facility at 
each receptor, even after the installation of the new generator.

                                             Table--High-Second-High Ambient SO2 Concentration From Facility
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                                                                      Modeled concentration ([mu]g/m\3\)
                       Averaging time                       ------------------------------------------------------  Background     Total       Standard
                                                               1986     1987     1988     1989     1990     Max
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                                                             Facility Prior to Modification
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1-hour.....................................................      328      318      337      317      336      337           26          363         1300
3-hour.....................................................      244      253      249      269      250      269           13          282         1300
24-hour....................................................      124      134      110      127      132      134            5          139          365
Annual.....................................................       21       21       20       21       20       21            3           24           60
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                                                               Facility After Modification
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1-hour.....................................................      301      300      320      303      319      320           26          346         1300
3-hour.....................................................      237      245      242      262      238      262           13          275         1300
24-hour....................................................      109      117       94      121      125      125            5          130          365
Annual.....................................................       15       15       14       14       13       15            3           18           60
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    The modeling shows that the high-second-high impacts from the 
facility will decrease due to the changes from this SIP revision: the 
installation of the new generator and the decreased fuel oil sulfur 
limits on the two existing generators. This assures that ambient air 
quality will be protected.

IV. What action is EPA taking?

    EPA is approving the revision to Minnesota's SIP to replace the 
joint Title I/Title V document currently approved into the SIP for 
Saint Mary's Hospital with a new joint Title I/Title V document, Air 
Permit No. 10900008-003. The new joint document includes administrative 
changes in the identification of emission units, adds a 2,500 KW RICE 
electric generator, and reduces the allowable diesel fuel sulfur 
content for two existing RICE electric generators. In approving this 
joint Title I/Title V document, EPA is incorporating into the SIP only 
those requirements in the joint document labeled as ``Title I 
Condition: SIP for SO2 NAAQS.''
    Since this SIP revision will decrease SO2 impacts in the 
Rochester area, Saint Mary's revision will strengthen the existing 
SO2 SIP.
    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 October 12, 
2010 without further notice unless we receive relevant adverse written 
comments by September 13, 2010. 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 October 12, 2010.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
Accordingly, this action merely approves state law as meeting 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

[[Page 48867]]

application of those requirements would be inconsistent with the Clean 
Air Act; 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 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 12, 2010. 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 dioxide.

    Dated: August 2, 2010.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
40 CFR 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 et seq.

Subpart Y--Minnesota

0
2. In Sec.  52.1220 the table in paragraph (d) is amended by revising 
the entry for ``Saint Mary's Hospital'' to read as follows:


Sec.  52.1220  Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved Minnesota Source-Specific Permits
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                                                      State effective
          Name of source              Permit No.           date          EPA approval date         Comments
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                                                  * * * * * * *
St. Mary's Hospital..............      10900008-003          03/01/10  08/12/10, [Insert     Only conditions
                                                                        page number where     cited as ``Title I
                                                                        the document          condition: SIP for
                                                                        begins].              SO2 NAAQS.''
 
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[FR Doc. 2010-19822 Filed 8-11-10; 8:45 am]
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