

[Federal Register: December 5, 2007 (Volume 72, Number 233)]
[Rules and Regulations]               
[Page 68508-68511]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de07-13]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-1021; FRL-8501-3]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Minnesota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions to 
sulfur dioxide (SO2) requirements for Northern States Power 
Company, doing business as Xcel Energy, Inver Hills Generating Plant 
(Inver Hills), located in Inver Grove Heights, Dakota County, 
Minnesota. The revisions make the limits of the sulfur content in its 
fuel and its sulfur dioxide emissions more stringent, and prohibit the 
burning of residual fuel oil. The revisions allow the facility to use 
simpler methods to analyze the sulfur content of its fuel. Because the 
sulfur dioxide emission limits are being reduced, the air quality of 
Dakota County will be protected.

DATES: This direct final rule will be effective February 4, 2008, 
unless EPA receives adverse comments by January 4, 2008. 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-2006-1021, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
    2. E-mail: mooney.john@epa.gov.
    3. Fax: (312) 886-5824.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, 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-
2006-1021. 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 http://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 am 
to 4:30 pm, Monday

[[Page 68509]]

through Friday, excluding legal holidays. We recommend that you 
telephone Matt Rau, Environmental Engineer, at (312) 886-6524 before 
visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6524, rau.matthew@epa.gov.

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

I. What is EPA Approving?
II. What is the Background for this Action?
III. What is EPA's Analysis of the State Submission?
IV. What are the Environmental Effects of this Action?
V. What Action is EPA Taking?
VI. Statutory and Executive Order Reviews

I. What is EPA Approving?

    EPA is approving into the SO2 SIP for Minnesota revised 
conditions from the Inver Hills joint Title I/Title V document. The 
revisions lower the allowable sulfur content of its fuel and reduce the 
allowable limits of its SO2 emissions. The revisions also 
allow a simplified method to analyze fuel sulfur content. EPA is also 
removing from the SIP any non-SIP related Title I conditions that were 
previously mistakenly incorporated into the SIP for Inver Hills.
    EPA is incorporating only the conditions in the joint Title I/Title 
V document labeled as ``Title I Condition: State Implementation Plan 
for SO2 NAAQS'' into the Minnesota SIP. The joint Title I/
Title V document is the Minnesota Air Emission Permit Number 03700015-
003.

II. What is the Background for This Action?

A. What are the Revisions to the SIP?

    Xcel Energy's Inver Hills facility is a 440 Megawatt peak demand 
electrical generation plant. The plant has six generation units, 
turbines EU 001-EU 006, which can fire both natural gas and distillate 
fuel oil. The facility is located in the Pine Bend portion of the 
Minneapolis-Saint Paul SO2 maintenance area.
    The SIP revisions reduce the limit for SO2 emissions 
from the six turbines from 0.67 pounds per million British Thermal 
Units (lb/MMBTU) to 0.50 lb/MMBTU. This emission reduction is achieved 
by requiring the reduction of the sulfur content in the fuel from 0.64 
percent by weight to 0.48 percent by weight. The SIP revision prohibits 
the use of residual fuel oil. If Inver Hills uses low sulfur fuel 
having a sulfur content of 0.10 percent by weight or less, Inver Hills 
can use a guarantee from a supplier as to the sulfur content of the 
fuel, and can use a simple fuel analysis option (ASTM Method D-1552) at 
the time of delivery.

B. What Prior SIP Actions Are Pertinent to This Action?

    In 1980, Inver Hills was identified by the state of Minnesota as a 
culpable source in the Pine Bend area's nonattainment plan for the 
SO2 National Ambient Air Quality Standards (NAAQS). On July 
28, 1992, the Minnesota Pollution Control Agency (MPCA) issued an 
Administrative Order for Inver Hills to address the source's 
contribution to the nonattainment problem. The SIP revision contained 
in the Administrative Order was approved by EPA into the SIP on April 
14, 1994. The most recent SIP action was taken when the MPCA submitted 
the Title I SIP conditions in the original Title V permit, Air Emission 
Permit 03700015-001, to EPA in August 2002. EPA approved those Title I 
SIP conditions into the SIP as of July 2, 2004 (69 FR 31891). However, 
the materials incorporated by reference into the SIP included all Title 
I conditions, including certain conditions that were unrelated to the 
SIP.

C. Has Public Notice Been Provided?

    Minnesota published public notice of the Inver Hills revisions on 
September 7, 2006. No comments were received during the comment period 
which ended on October 9, 2006. 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. If anyone requests a public 
hearing during the comment period, Minnesota will hold a public 
hearing. Because no one requested a public hearing, Minnesota did not 
hold a public hearing for this SIP revision.

D. 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 
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 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 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?

    Xcel Energy is receiving more stringent SO2 limits on 
the generation units at the Inver Hills facility. However, it can take 
advantage of simplified methods of meeting fuel sulfur content and 
analysis requirements. The use of low sulfur fuel will ensure the 
tightened emission limits are met.
    A modeling analysis was not conducted for the Inver Hills revision 
because its emission limits will be more stringent. The actual 
emissions may not decrease, but the potential to emit will decrease 
with the SO2 limit reductions.

[[Page 68510]]

Modeling uses potential to emit in determining the impact on ambient 
air. Minnesota has noted that a July 2006 modeling analysis for the 
Pine Bend area showed that ambient SO2 levels will remain 
below the standards and thus the area's air quality is protected. All 
significant sources of SO2 emissions in the Pine Bend area 
including Inver Hills were in the July 2006 modeling analysis.

IV. What Are the Environmental Effects of This Action?

    Sulfur dioxide causes breathing difficulties and aggravation of 
existing cardiovascular disease. It is also a precursor of acid rain 
and fine particulate matter formation. Sulfate particles are a major 
cause of visibility impairment in America. Acid rain damages lakes and 
streams impairing aquatic life and causes damage to buildings, 
sculptures, statues, and monuments. Sulfur dioxide also causes the loss 
of chloroform leading to vegetation damage. Ambient SO2 
levels are expected to be unchanged or to decrease because of the SIP 
revisions. Thus, the Pine Bend area of Dakota County, Minnesota is 
expected to remain in attainment of the SO2 NAAQS.

V. What Action Is EPA Taking?

    EPA is approving into the Minnesota SIP revised Title I conditions 
from the Inver Hills joint Title I/Title V document. EPA is also 
removing from the SIP for Inver Hills any non-SIP related Title I 
conditions that were previously mistakenly incorporated into the 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 February 4, 
2008 without further notice unless we receive relevant adverse written 
comments by January 4, 2008. 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. 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 February 4, 2008.

VI. 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 That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' 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 (59 
FR 22951, 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 approves a State rule implementing a 
Federal Standard.

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 CAA. 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 CAA. 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.

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.

[[Page 68511]]

This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 4, 2008. 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: November 20, 2007.
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 ``Xcel Energy, Inver Hills Generating Plant'' to read as 
follows:


Sec.  52.1220  Identification of plan.

* * * * *
    (d) * * *

                                 EPA-Approved Minnesota Source-Specific Permits
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                                                           State
          Name of source               Permit No.     effective date    EPA approval date         Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Xcel Energy--Inver Hills                03700015-003        10/27/06  12/5/07, [Insert      Only conditions
 Generating Plant.                                                     page number where     cited as ``Title I
                                                                       the document          condition: SIP for
                                                                       begins].              SO2 NAAQS.''

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[FR Doc. E7-23496 Filed 12-4-07; 8:45 am]

BILLING CODE 6560-50-P
