

[Federal Register: September 11, 2007 (Volume 72, Number 175)]
[Rules and Regulations]               
[Page 51713-51716]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se07-7]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-1023; FRL-8464-8]

 
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 a site-specific revision to the Minnesota 
State Implementation Plan (SIP) for particulate matter less than 10 
microns (PM-10) for Lafarge North America Corporation (Lafarge), Childs 
Road Terminal located in Saint Paul, Ramsey County, Minnesota. In its 
December 18, 2006, submittal, the Minnesota Pollution Control Agency 
(MPCA) requested that EPA approve certain conditions contained in 
Lafarge's federally enforceable state operating permit (FESOP) into the 
Minnesota PM SIP. The request is approvable because it satisfies the 
requirements of the Clean Air Act (Act). We are also taking action on 
Minnesota's request to revoke the Administrative Order for Lafarge that 
EPA had previously approved into the Minnesota SIP. The rationale for 
the approval and other information are provided in this rulemaking 
action.

DATES: This direct final rule will be effective November 13, 2007, 
unless EPA receives adverse comments by

[[Page 51714]]

October 11, 2007. 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-2006-1023, 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-
2006-1023. 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 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We 
recommend that you telephone Christos Panos, Environmental Engineer, at 
(312) 353-8328 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental 
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8328, panos.christos@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. General Information
    1. What Is the Background for This Action?
    2. Why Is EPA Taking This Action?
    3. What Is a ``Title I Condition?''
II. What Action Is EPA Taking?
III. Statutory and Executive Order Reviews

I. General Information

1. What Is the Background for This Action?

    The Lafarge Childs Road Terminal is located at 2145 Childs Road in 
Saint Paul, Ramsey County, Minnesota. Minnesota originally submitted 
Administrative Orders for the Lafarge Childs Road Terminal as part of 
the PM-10 SIP for Ramsey County in 1991 and 1992. These Administrative 
Orders contain the PM-10 emission limits and operating restrictions 
imposed on the facility to provide for attainment and maintenance of 
the PM-10 NAAQS. Subsequent revisions to the Administrative Orders were 
submitted in 1994 and 1997. The following Lafarge Childs Road Terminal 
Administrative Order revisions have been approved into the Minnesota 
PM-10 SIP: (1) Second Amended Findings and Order, dated and effective 
November 30, 1992, approved into the SIP February 15, 1994 (60 FR 
7218); (2) Amendment One to Second Amended Findings and Order, dated 
and effective December 21, 1994, approved into the SIP June 13, 1995 
(60 FR 31088); and, (3) Amendment Two to Second Amended Findings and 
Order, dated and effective September 23, 1997, approved into the SIP 
February 8, 1999 (64 FR 5936).
    The SIP revision submitted by MPCA on December 18, 2006, consists 
of a FESOP issued to the Lafarge Childs Road Terminal, which serves as 
a joint Title I/FESOP document. The PM-10 control measures, 
recordkeeping and reporting requirements contained in the 
Administrative Orders previously approved in the PM-10 SIP are now 
identified as ``Title I condition: SIP for PM-10 NAAQS'' in the joint 
Title I/FESOP document. The state has requested that EPA approve the 
following: (1) The inclusion into the Minnesota PM SIP only the 
portions of Minnesota Air Emission Permit No. 12300391-002, issued to 
Lafarge North America Corporation--Childs Road Terminal on November 17, 
2006, cited as ``Title I condition: SIP for PM-10 NAAQS''; and, (2) 
that the Administrative Orders for Lafarge--Childs Road Terminal 
currently included in Minnesota's PM-10 SIP be subsequently revoked.
    Minnesota held a public hearing regarding the SIP revision and the 
joint Title I/FESOP document on November 16, 2006. No comments were 
received at the public meeting and only EPA provided comments during 
the 30 day public comment period.

2. Why Is EPA Taking This Action?

    EPA is taking this action because: (1) Lafarge has proposed changes 
to the allowable methods for delivery of cementitious products which 
require changes to certain SIP conditions; and (2) EPA and the state 
have agreed to the transfer of SIP requirements from Administrative 
Orders into joint Title I/Title V-FESOP documents. Further, the state's 
request provides for attainment and maintenance of the PM-10 National 
Ambient Air Quality Standards (NAAQS) and satisfies the applicable PM-
10 requirements of the Act.
    Lafarge receives, transfers, stores, and ships cementitious 
products. The PM-10 emission sources contained in the SIP for Lafarge 
include a Barge Aeration Unit, the Vacuum Pump Exhaust and the Silo 
Storage System. The barge-to-silo operations and related equipment have 
been removed since the issuance of

[[Page 51715]]

the original Administrative Order. Six storage silos remain in 
operation at Childs Road Terminal for storing cementitious material, 
with delivery and transport of the material by truck.
    Proposed changes to Childs Road Terminal include the installation 
of a new rail siding for rail delivery of material to the silos, the 
installation of a related railcar-to-silo pneumatic conveyance, the 
redesign of the pneumatic conveyance system to allow dedicated use of 
Silos Nos. 1 and 2, and the installation of new pollution control 
devices (a low temperature fabric filter) on each of the two dedicated 
silos. Operation of the remaining Silos Nos. 3-6, also equipped with a 
fabric filter, remain unchanged with truck unloading.
    The original air quality dispersion modeling for the SIP and the 
initial Administrative Order were based on Lafarge's 1995 annual 
throughput of material of 120,000 tons per year (tpy). The 2004 annual 
throughput was 11,280 tons with a 2005 reported annual throughput of 
24,454 tons. Annual throughput is expected to increase to 26,600 tpy in 
2009 after installation of the proposed changes. Revised air dispersion 
modeling was conducted using the AERMOD model to ensure continued 
attainment of the PM-10 NAAQS in the area. Based on the modeling 
results, the FESOP limits Lafarge to a maximum daily throughput of 
1,100 tons per day using a 24-hour rolling average and an annual 
throughput of 100,000 tpy, using a 12-month rolling average. The 
modeling analysis also included PM-10 emissions from the nearby 
Metropolitan Council Environmental Services wastewater treatment plant, 
in combination with a conservative background concentration, and 
predicted a 24-hour concentration of 146.2 micrograms per cubic meter 
([mu]g/m3) and an annual concentration of 41.3 [mu]g/
m3, therefore demonstrating attainment of the PM-10 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 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 also initiated using joint Title I/Title V-FESOP 
documents as the enforceable document for imposing emission limitations 
and compliance requirements in SIPs. The SIP requirements in joint 
Title I/Title V-FESOP 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-FESOP 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-FESOP documents.

II. What Action Is EPA Taking?

    EPA is approving into the Minnesota PM-10 SIP a joint Title I/FESOP 
document which contains certain portions of Minnesota Air Emission 
Permit No. 12300391-002, issued to Lafarge North America--Childs Road 
Terminal on November 17, 2006. Specifically, EPA is only approving into 
the SIP those portions of the joint Title I/FESOP document cited as 
``Title I condition: SIP for PM-10 NAAQS.'' In addition, EPA is 
withdrawing from the Minnesota PM-10 SIP the November 30, 1992, 
Administrative Order and the December 21, 1994, and September 23, 1997, 
revisions to the Administrative Order for Lafarge Childs Road Terminal.
    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 November 13, 
2007 without further notice unless we receive relevant adverse written 
comments by October 11, 2007. 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 November 13, 2007.

III. 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 (Pub. L. 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,

[[Page 51716]]

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 approves a state rule 
implementing a Federal standard.
    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. 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 November 13, 2007. 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, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: August 29, 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 ``Lafarge Corp., Childs Road facility'' 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
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                                                  * * * * * * *
Lafarge North America Corporation,    12300391-002        11/17/07  9/11/07 [Insert page   Only conditions cited
 Childs Road Terminal.                                               number where the       as ``Title I
                                                                     document begins].      condition: SIP for
                                                                                            PM-10 NAAQS.''

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[FR Doc. 07-4380 Filed 9-10-07; 8:45 am]

BILLING CODE 6560-50-P
