[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Rules and Regulations]
[Pages 27411-27414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12619]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MN30-1-6215a; FRL-5183-8]
Approval and Promulgation of Implementation Plans; Minnesota
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: Minnesota submitted a revision intended to simplify and update
the rules in its State Implementation Plan (SIP). These revisions
included deleting regulations that are redundant with Federal New
Source Performance Standards (NSPS) regulations, removing odor
regulations and other similar regulations from the SIP, and recodifying
the regulations. In the case of open burning, the State requested
removal of the regulations from the SIP or, in the alternative,
replacing these regulations with statutes that regulate open burning.
USEPA is replacing the open burning regulations in the SIP with the new
statutes and is approving all other revisions requested by the State.
EFFECTIVE DATE: This action will be effective July 24, 1995 unless
adverse or critical comments are received by June 23, 1995. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be addressed to: William L.
MacDowell, Chief, Regulation Development Section, Air Enforcement
Branch (AE-17J), United States Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
Copies of the SIP revision request and U.S. EPA's analysis are
available for public inspection during normal business hours at the
following addresses: United States Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard (AE-
17J), Chicago, Illinois 60604; and Jerry Kurtzweg (6102), United States
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460.
FOR FURTHER INFORMATION CONTACT: John Summerhays, Air Enforcement
Branch, Regulation Development Section (AE-17J), United States
Environmental Protection, Region 5, Chicago, Illinois 60604, (312) 886-
6067.
SUPPLEMENTARY INFORMATION:
I. Review of State Submittal
On November 23, 1993, the Minnesota Pollution Control Agency (MPCA)
submitted a request to (1) eliminate a number of regulations that need
not be included in the Minnesota State Implementation Plan (SIP), (2)
recodify the remaining regulations, and (3) make miscellaneous other
changes. Each of these types of revisions are discussed in separate
sections below.
Elimination of Regulations
MPCA recommended elimination of several categories of regulations
from the SIP. The category with the most regulations recommended for
elimination are regulations that repeat the requirements for new
sources established by the United States Environmental Protection
Agency (USEPA) in various New Source Performance Standards (NSPS). Some
of these regulations also govern emissions from ``existing sources,''
i.e. sources that existed before the effective date of or otherwise not
subject to a relevant NSPS. Most of these regulations were submitted in
1981. In its 1982 rulemaking on these regulations, USEPA approved these
regulations only for ``existing sources,'' reflecting concern that
these regulations would either be unnecessary by virtue of being
redundant with Federal NSPS or be detrimental by virtue of causing
uncertainty as to which of conflicting State versus Federal provisions
apply. In this context, ``existing sources'' should be considered not
only to include sources that existed prior to the effective date of the
NSPS but also to include sources that are newer but are not subject to
the NSPS due to size or other reasons.
Minnesota's submittal refines the list of rules which, by USEPA's
approach, should be removed from the SIP or applied only to ``existing
sources.'' In the cases of regulations for portland cement plants,
asphalt concrete plants, grain elevators, sulfuric acid plants, and
nitric acid plants, the State has specified which portions of the
relevant sets of rules regulate new sources and which portions regulate
existing sources. In the cases of regulations for lead smelters and
brass and bronze plants, there are no existing brass or bronze plants
and the only existing lead smelter is subject to a separate more
stringent administrative order in the SIP. Therefore, the regulations
apply only to new sources and should be eliminated from the SIP in
their entirety. In the cases of regulations for incinerators and sewage
sludge incinerators, MPCA does not identify portions of the rules that
only apply to new sources but comments that USEPA should state that the
SIP only includes these rules as they apply to existing sources (which
again may include newly constructed sources that are not subject to
NSPS). USEPA concurs with Minnesota's list of which of these rules
should be removed from the SIP, and is modifying the SIP accordingly.
A second set of regulations recommended for elimination concern
odors and acid/base fallout. MPCA's submittal states that these
regulations were not intended for purposes of achieving air quality
standards or other Clean Air Act purposes and remain unnecessary for
such purposes. Specifically, Minnesota requests on this basis that
USEPA delete the set of regulations entitled Ambient Odor Control, the
set entitled Limits for Animal Matter Odors, and the set entitled
Limits on Acid, Base Emissions. These regulations were adopted around
1970 and were submitted and approved as part of a package that included
all extant air pollution regulations. USEPA concurs with Minnesota's
request and is removing these regulations from the SIP.
A third set of regulations recommended for elimination concern
indirect sources. These regulations establish permitting requirements
for the facilities such as highways, shopping malls, and airports that
attract motor vehicles and thus indirectly cause mobile source
emissions. These regulations were submitted in 1981 and approved by
USEPA in 1982. [[Page 27412]] Nevertheless, section 110(a)(5)(A)(iii)
of the Clean Air Act (added in 1977) states that ``Any State may * * *
suspend or revoke any [indirect source review program], provided the
[implementation plan] meets the requirements of [section 110].''
Minnesota is maintaining these regulations as State enforceable
requirements, and will continue to implement indirect source review,
but the State is seeking to remove these regulations from the federally
enforceable SIP. The SIP has been found to meet the requirements of
Section 110, and so the criteria in section 110(a)(5)(A)(iii) for
removal of the indirect source regulations from Minnesota's SIP have
been satisfied. Consequently, USEPA is removing these regulations from
the SIP.
A final set of regulations recommended for elimination concern open
burning. MPCA explained that the Minnesota Legislature rescinded these
air pollution regulations and incorporated similar restrictions into
legislation administered by the Minnesota Department of Natural
Resources (DNR). MPCA argued that particulate matter emitted from open
burning was not found to be significant in the State's development of
plans to address the nonattainment areas, and argued that these
regulations may be considered to be nuisance regulations rather than
particulate matter regulations. Nevertheless, MPCA's submittal states
``If the EPA does not approve the MPCA's request to remove the open
burning program from the SIP, then the MPCA requests that the
applicable portions of [the current statute that addresses open
burning] be incorporated as part of Minnesota's SIP * * *.''
Minnesota's open burning regulations generally prohibit open
burning of leaves and other vegetative material, with exemptions for
campfires and cooking and exemptions for certain types of burning which
may be conducted upon receipt of a permit. Open burning causes
emissions most notably of particulate matter and also of carbon
monoxide, hydrocarbons, and air toxicants. MPCA has not attempted to
analyze the ambient impact of eliminating these restrictions. Available
evidence is limited but suggests that the impacts of open burning can
be significant. Therefore, absent evidence to the contrary, USEPA finds
that open burning should be retained as part of the Minnesota SIP.
USEPA further finds that the alternative of revising the SIP by
replacing the old regulations with the new statute is fully
appropriate. The statute provides essentially the same or better air
quality benefits insofar as it provides for more effective
administration of similar restrictions. This alternative would remove
the open burning program from ``MPCA's regulatory program,'' as
requested by MPCA. (This portion of the SIP would be administered by
the Minnesota DNR.) Although Minnesota planned in any case to continue
the open burning restrictions in force, this alternative would retain
these restrictions as part of the Federal SIP, thereby retaining
Federal authority to object should the State subsequently wish to end
the restrictions. Therefore, USEPA is approving Minnesota's alternative
of replacing MPCA regulations with State statutes.
Recodification
MPCA requested that USEPA renumber the rules in the SIP to be
consistent with the State's current numbering system. This renumbering
itself would not change any of the substance of the requirements
included in these rules. USEPA approves this renumbering, to make the
SIP consistent with current State rule numbering.
Other Revisions
The most significant other revisions requested by MPCA concern the
definitions given in Rule 7005.0100. All of the definitions requested
by MPCA are acceptable. However, rulemaking on these revisions is
complicated by the interrelationship with other rulemakings on Rule
7005.0100. In USEPA's rulemaking on a prior recodification request
(published March 23, 1993, at 58 FR 15433), USEPA chose not to approve
post-1985 revisions to Rule 7005.0100 due to their significance to
permitting rules which were still under review. Recent rulemaking on a
subsequent set of permitting rules approved selected revisions to this
rule. Consequently, this submittal includes only a small number of
definitions that differ from definitions that have already been
approved. Nevertheless, for convenience, USEPA is approving the full
set of definitions in Rule 7005.0100 as submitted by MPCA. (Note that
Subpart 25a, defining ``National Emissions Standards for Hazardous Air
Pollutant,'' was excluded from MPCA's submittal and is therefore
excluded from the approved SIP.)
A further significant revision included in MPCA's recodification
submittal is an enhancement of requirements for sources to report
emissions. (These provisions do not address the requirements in amended
section 114 of the Clean Air Act for enhanced compliance monitoring.)
USEPA approves this revision, which would replace Rule 7005.1870 (4)
with Rules 7019.3000 and 7019.3010.
Rulemaking Action
USEPA is making various revisions in accordance with Minnesota's
request. USEPA is recodifying the SIP to reflect the new Minnesota rule
numbering. In addition, this action (1) replaces the open burning
regulations with the current statutory provisions (rather than removing
the restrictions altogether), (2) modifies the delineation of new
source limits that are excluded from the SIP, (3) removes the odor
regulations and indirect source regulations from the SIP, (4)
incorporates the enhanced emission reporting regulations, and (5) makes
various other minor revisions requested by MPCA. The codification of
this rulemaking delineates the revised SIP. The specific regulations
that are revised by this action are discussed in detail in the
technical support document for this rulemaking.
This action is being taken without prior proposal because the
changes are believed to be noncontroversial and USEPA anticipates no
significant comments on them. This action will be effective July 24,
1995 unless adverse or critical comments are received by June 23, 1995.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. USEPA shall consider each request for revision to the SIP in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The OMB has exempted this regulatory action from
Executive Order 12866 review.
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et seq.,
USEPA must prepare a regulatory flexibility analysis assessing the
impact of any proposed or final rule on small entities. (5 U.S.C.
Secs. 603 and 604.) Alternatively, USEPA may certify that the rule will
not have a significant impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but [[Page 27413]] simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-State relationship
under the CAA, preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of State
action. The CAA forbids USEPA to base its actions concerning SIPs on
such grounds. Union Electric Co. v. USEPA, 427 U.S. 246, 256-66 (S.Ct.
1976); 42 U.S.C. section 7410(a)(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 [60 days from the date of
publication]. 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, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, New source review, Nitrogen dioxide, Ozone, Particulate matter,
Sulfur oxides, Volatile organic compounds.
Note: Incorporation by reference of the State Implementation
Plan for the State of Minnesota was approved by the Director of the
Federal Register on July 1, 1982.
Dated: March 20, 1995.
David A. Ullrich,
Acting Regional Administrator.
Title 40 of the Code of Federal Regulations, chapter I, part 52, is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.1220 is amended by adding paragraph (c)(40) to read
as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(c) * * *
(40) On November 23, 1993, the State of Minnesota requested
recodification of the regulations in its State Implementation Plan,
requested removal of various regulations, and submitted recodified
regulations containing minor revisions.
(i) Incorporation by reference.
(A) Minnesota regulations in Chapters 7005, 7007, 7009, 7011, 7017,
7019, and 7023, effective October 18, 1993.
(B) Submitted portions of Minnesota Statutes Sections 17.135,
88.01, 88.02, 88.03, 88.16, 88.17, and 88.171, effective 1993.
3. Section 52.1222 is revised to read as follows:
Sec. 52.1222 EPA-approved Minnesota State regulations.
The following table identifies the State regulations submitted to
and approved by EPA as revisions to the Minnesota State Implementation
Plan (SIP). This table is for informational purposes only and does not
have any independent regulatory effect. This table also does not
include administrative orders that have been approved into the SIP. To
determine regulatory requirements for a specific situation consult the
plan identified in Sec. 52.1220. To the extent that this table
conflicts with Sec. 52.1220, Sec. 52.1220 governs.
Table 52.1222.--EPA Approved Regulations
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Effective Relevant para.s in Sec.
Rule description Minnesota rule numbers Contents of SIP date 52.1220 \1\
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Definitions and 7005.0100-.0110....... Full rules except 10/18/93 b,c20,c40.
Abbreviations. def'n of NESHAP.
Air Emission Permits.. 7007.0050-.1850....... Full rules........... 8/10/93 b,c3,c5, c24,c26,c39.
Offsets............... 7007.4000-.4030....... Full rules........... 10/18/93 c33.
Ambient Air Quality 7009.0010-.0080....... All except 7009.0030 10/18/93 b,c3,c26.
Standards. and 7009.0040.
Air Pollution Episodes 7009.1000-.1110....... Full rules........... 10/18/93 c1,c21.
Applicability......... 7011.0010, .0020...... Full rules........... 10/18/93 b,c20
Opacity............... 7011.0100-.0120....... All except 7011.0120. 10/18/93 b,c3,c20.
Fugitive Particulate.. 7011.0150............. Full rules........... 10/18/93 b.
Indirect Heating 7011.0500-.0550....... Full rules........... 10/18/93 b,c3,c20,c21
Equipment.
Direct Heating 7011.0600-.0620....... Full rules........... 10/18/93 c20,c21.
Equipment.
Industrial Process 7011.0700-.0735....... Full rules........... 10/18/93 b,c20
Equipment.
Portland Cement Plants 7011.0800-.0825....... All except 7011.0810. 10/18/93 c20,c40.
Asphalt Concrete 7011.0900-.0920....... All except 7011.0910. 10/18/93 c20,c40.
Plants.
Grain Elevators....... 7011.1000-.1015....... All except 10/18/93 c20,c25,c40.
7011.1005(2).
Coal Handling 7011.1100-.1140....... All except 7011.1130. 10/18/93 c21.
Facilities.
Incinerators.......... 7011.1201-.1207....... All rules for 10/18/93 b,c20,c40.
``existing sources''
\2\.
Sewage Sludge 7011.1300-.1325....... All rules for 10/18/93 c20,c40
Incinerators. ``existing sources''.
Petroleum Refineries.. 7011.1400-.1430....... All rules for 10/18/93 c20,c21.
``existing sources''.
Liquid Petroleum and 7011.1500-.1515....... All rules for 10/18/93 b,c21.
VOC Storage Vessels. ``existing sources''.
Sulfuric Acid Plants.. 7011.1600-.1630....... All except 7011.1610. 10/18/93 b,c3,c21,c40
Nitric Acid Plants.... 7011.1700-.1725....... All except 7011.1710. 10/18/93 b,c3,c21,c40.
Inorganic Fibrous 7011.2100-.2105....... All rules............ 10/18/93 c20.
Materials.
Stationary Internal 7011.2300............. Entire rule.......... 10/18/93 b,c21.
Combustion Engine.
CEMS.................. 7017.1000............. Entire Rule.......... 10/18/93 c20.
Performance Tests..... 7017.2000............. Entire Rule.......... 10/18/93 c20.
Notifications......... 7019.1000............. Entire Rule.......... 10/18/93 c20.
Reports............... 7019.2000............. Entire Rule.......... 10/18/93 c20.
Emission Inventory.... 7019.3000, .3010...... All rules............ 10/18/93 c20,c40.
[[Page 27414]]
Motor Vehicles........ 7023.0100-.0120....... All rules............ 10/18/93 b,c21.
Open Burning.......... Portions of Chapter 17 All submitted 1993 b,c21,c26, c40.
and 88 of MN Statutes. portions of Sections
17.135, 88.01,
88.02, 88.03, 88.16,
88.17, and 88.171.
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\1\ Recodifications affect essentially all rules but are shown only for substantively revised rules.
\2\ ``Existing'' sources are sources other than those subject to a new source performance standard.
[FR Doc. 95-12619 Filed 5-23-95; 8:45 am]
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