Rule2022-07288
Air Plan Approval; Minnesota; Bulk Silos PM10 FESOP Update
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 7, 2022
Effective
June 6, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a site- specific revision to the Minnesota State Implementation Plan (SIP) for particulate matter less than 10 microns (PM<INF>10</INF>) for the portland cement distribution terminal owned and operated by Bulk Silos, LLC (Bulk Silos), formerly known as Lafarge North America Corporation on Childs Road Terminal (Lafarge-Childs Road Terminal), located in Saint Paul, Ramsey County, Minnesota. In its June 16, 2021, submittal, the Minnesota Pollution Control Agency (MPCA) requested that EPA approve certain conditions contained in Bulk Silos' 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 (CAA). MPCA's submission included an updated modeling demonstration to show the construction changes incorporated in the title I SIP Conditions will not interfere with the ability to maintain the National Ambient Air Quality Standards (NAAQS), as Bulk Silos' allowable PM<INF>10</INF> emissions limits will be decreased with this action.
Full Text
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<title>Federal Register, Volume 87 Issue 67 (Thursday, April 7, 2022)</title>
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[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Rules and Regulations]
[Pages 20324-20329]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07288]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2021-0411; FRL-9547-02-R5]
Air Plan Approval; Minnesota; Bulk Silos PM10 FESOP Update
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a site-
specific revision to the Minnesota State Implementation Plan (SIP) for
particulate matter less than 10 microns (PM<INF>10</INF>) for the
portland cement distribution terminal owned and operated by Bulk Silos,
LLC (Bulk Silos), formerly known as Lafarge North America Corporation
on Childs Road Terminal (Lafarge-Childs Road Terminal), located in
Saint Paul, Ramsey County, Minnesota. In its June 16, 2021, submittal,
the Minnesota Pollution Control Agency (MPCA) requested that EPA
approve certain conditions contained in Bulk Silos' 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 (CAA). MPCA's submission
[[Page 20325]]
included an updated modeling demonstration to show the construction
changes incorporated in the title I SIP Conditions will not interfere
with the ability to maintain the National Ambient Air Quality Standards
(NAAQS), as Bulk Silos' allowable PM<INF>10</INF> emissions limits will
be decreased with this action.
DATES: This direct final rule will be effective June 6, 2022, unless
EPA receives adverse comments by May 9, 2022. 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-2021-0411 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#14756666753a677566757c547164753a737b62"><span class="__cf_email__" data-cfemail="9bfae9e9fab5e8fae9faf3dbfeebfab5fcf4ed">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Olivia Davidson, Physical Scientist,
Attainment Planning and Maintenance Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-0266,
<a href="/cdn-cgi/l/email-protection#6d090c1b04091e0203430201041b040c2d081d0c430a021b"><span class="__cf_email__" data-cfemail="593d382f303d2a3637773635302f3038193c2938773e362f">[email protected]</span></a>. The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays and
facility closures due to COVID-19.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is the background for this action?
Bulk Silos is a portland cement distribution terminal in the Ramsey
County PM<INF>10</INF> maintenance area, also known as the Red Rock
Road maintenance area, in St. Paul (Ramsey County), Minnesota. The area
was designated nonattainment for the 1987 PM<INF>10</INF> standard on
March 15, 1991 (56 FR 11101), and was redesignated to attainment on
July 26, 2002 (67 FR 48787). On June 16, 2021, MPCA submitted a request
to EPA to approve into the Minnesota SIP the conditions cited as
``Title I Condition: 40 CFR 50.6 (PM<INF>10</INF> SIP).'' The
submission contains measures for Bulk Silos to implement changes that
increase efficiency through new and existing equipment, as well as
clarifying amendments to the document's language. MPCA posted a
background document and permit issuance notice for public comment in
the Minnesota State Register on April 30, 2021, and the comment period
ended on June 1, 2021. MPCA received no comments on the document or
permit.
Bulk Silos currently operates six silos with pollution control
equipment; the silos are used for storage and distribution of
cementitious products. The material is currently received by rail,
stored in silos, and distributed by truck. The facility is subject to a
State Individual Permit containing title I PM<INF>10</INF> SIP
conditions (Permit No. 12300391-002, published September 11, 2007, 72
FR 51713), which will continue to apply until this SIP revision is
approved by the EPA. These conditions are intended to ensure that the
Red Rock Road area continues to maintain the PM<INF>10</INF> NAAQS.
The previous SIP revision, approved September 11, 2007 (72 FR
51713), consisted of a FESOP issued to Lafarge-Childs Road Terminal
which serves as a joint title I/FESOP document. In the September 11,
2007, action, EPA approved into the Minnesota PM<INF>10</INF> SIP the
portions of Minnesota Air Emission Permit No. 12300391-002 issued to
Lafarge-Childs Road Terminal on November 17, 2006, cited as ``Title I
condition: SIP for PM<INF>10</INF> NAAQS.'' As part of that action, EPA
approved Minnesota's request to revoke from the SIP several
Administrative Orders for Lafarge-Childs Road Terminal that had been
approved on February 15, 1994 (60 FR 7218), June 13, 1995 (60 FR
31088), and February 8, 1999 (64 FR 5936).
The 2007 title I SIP revisions approved 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. The modeling results demonstrated that to comply with the FESOP,
Lafarge-Childs Road Terminal was limited to a maximum daily throughput
of 1,100 tons per day (tpd) using a 24-hour rolling average and an
annual throughput of 100,000 tons per year (tpy), using a 12-month
rolling average.
This SIP revision is being approved in conjunction with a major
amendment to a State Individual Permit containing federally enforceable
title I SIP conditions (Air Emission Permit No. 12300391-102),
submitted to EPA on June 16, 2021. The submittal included the
replacement of three existing fabric filters, the construction of three
new silos, a new bucket elevator, twelve new fabric filters, paving of
roads, and new barge unloading operations. The suggested facility
changes in operation require increased throughput limits for overall
facility operations, truck loading operations, and bucket elevator
operations. To offset increases in throughput limits, Bulk Silos' new
permit allows unloading of product from one silo at a time, and the
emission limits of unloading will be decreased after approval of the
updated title I SIP conditions. Further, MPCA included updated modeling
with improved emission factors demonstrating decreased allowable
PM<INF>10</INF> emissions with the proposed facility changes and
reduced emission limits. New equipment would not be operable by Bulk
Silos until EPA approves the requirements into Minnesota's SIP.
II. What is EPA's analysis of the SIP revision?
MPCA's June 16, 2021, submission contains amended SIP conditions
that, when combined, decrease total allowable emission rates of
PM<INF>10</INF> from Bulk Silos while increasing throughput limits,
adding/improving fabric filters, and constructing three new silos. See
Table 1 at the end of this review for a list of detailed changes to
PM<INF>10</INF> allowable emissions limits associated with this action.
Additionally, see ``Process flow diagram'' included at the end of
MPCA's Background document submission for a detailed diagram of the
facility's operations. The amended SIP conditions in the provided
background document include:
[[Page 20326]]
A. New Fabric Filters, New Construction
New construction in the SIP revision would include the installation
of twelve new fabric filters: Replacement of three fabric filters
(Treatment ``TREA'' 5, 6 and 9 replacing TREA 1-3) and installation of
nine new fabric filters (TREA 7, 8, 10-16). Additionally, the revised
SIP would authorize construction and operation of a new bucket elevator
(Equipment ``EQUI'' 5) and three new silos (EQUI 8-10). Further,
because Bulk Silos' roadways have been paved since the issuance of
Permit No. 123000391-102, the SIP revision will remove the emission
limit requirements for unpaved roads at the permit condition addressing
fugitive emissions at ``FUGI'' 2. The facility will be subject to
emission limit requirements for paved roads that were previously SIP-
approved on July 27, 2020 (85 FR 45094), and contain permit content
requirements in Minnesota Rule (Minn. R.) 7007.0800, subpart 2(A) and
subpart 5, prevention of airborne particulate matter in Minn. R.
7011.0150, and standards for dry bulk agricultural commodity
requirements in Minn. R. 7011.1005, subpart 1(A).
B. Throughput Limits
Throughput limits for facility operations, specifically silo
unloading (COMG 2), truck loading operations (EQUI 4), and bucket
elevator operations (EQUI 5), will be increased or established for new
processes with this SIP revision. Previously, unloading operations were
limited to rail and required throughput limits of 1,100 tpd/100,000
tpy, truck loading operations had no emission limits, and the facility
did not include bucket elevator operations or barge unloading. The
proposed revisions add barge unloading to the facility's operations,
incorporate throughput limits of 2,500 tpd/740,000 tpy each for
unloading and truck loading, and 1,100 tpd/100,000 tpy for the proposed
bucket elevator operations. Facility-specific emission factors and
other proposed facility changes demonstrate no increased emissions of
PM<INF>10</INF> from increased throughput limits based on improved
modeling. Permit No. 12300391-102 includes language specifying ``This
requirement expires upon startup of the Project'' for current
operational throughput, or silo unloading (COMG 2, 5.3.1 and 5.3.2).
Additionally, the permit states the increased limits would go into
effect ``Upon startup of the Project'' (COMG 2, 5.3.3 and 5.3.4) for
operational throughput, and similarly for the newly established truck
loading throughput limits (EQUI 4, 5.7.3 and 5.7.4) and bucket elevator
throughput limits (EQUI 5, 5.8.1 and 5.8.2). See Table 1 for equipment-
specific emission limit changes from the effective permit (No.
12300391-002, 72 FR 51713) to the new permit (No. 12300391-102).
C. Changes to Modeling Requirements
To approve the new conditions listed in Permit No. 12300391-102,
the MPCA conducted Significant Impact Level (SIL) modeling to determine
compliance with the PM<INF>10</INF> NAAQS using both existing and new
PM<INF>10</INF> emissions sources. The permit update replaces
equivalent-or-better modeling demonstration requirements at the permit
condition titled Total Facility ``TFAC'' 1, 5.1.1 and 6.1.1 to include
specific modeling triggers when future changes are made in the
parameters contained in Appendix A or emission sources. Specifically,
TFAC 5.1.1 indicates no change can be made to the facility that would
result in an increase in PM<INF>10</INF> or PM<INF>2.5</INF> emissions
until it can be demonstrated that it would not cause an exceedance of
the NAAQS and 6.1.1 contains corrective actions for failed emission
rate performance tests.
D. Facility-Specific Emissions Factors
The required modeling exercise to review and reissue Permit No.
12300391-102 to Bulk Silos included new, significantly lower process-
specific factors not identified in prior modeling demonstrations for
the facility, provided by Bulk Silos through performance testing \1\
and reference from EPA's Compilation of Air Pollutant Emissions Factors
(AP-42).\2\ The SIL modeling demonstration allowed MPCA to increase
throughput limits while decreasing the allowable PM<INF>10</INF>
emission rate (Table 1). Performance testing requirements at a minimum
of once every 60 months will be used to demonstrate continued
compliance and verify the updated emission factors (see 6.2.1 (permit
condition titled Component Group ``COMG'' 2 unloading silos), 6.3.1
(COMG 3 existing unloading silos), 6.4.1 (COMG 4, bucket elevator and
silo 3 operations), 6.5.1 (EQUI 4, truck loading operations)).
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\1\ New emission factors were calculated based on methods
contained in AP-42 (Compilation of Air Pollution Emission Factors)
Section 11.12 and an emission factor created using the results of
Bulk Silos' self-reported performance test (<a href="https://www.epa.gov/sites/production/files/2020-09/documents/toc_kwrd.pdf">https://www.epa.gov/sites/production/files/2020-09/documents/toc_kwrd.pdf</a>).
\2\ See EPA's documentation of AP-42 at <a href="https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors#5thed">https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors#5thed</a>.
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III. PM10 SIP and Emissions Impacts
The approval of MPCA's submittal would strengthen the Minnesota SIP
by requiring more stringent emission limits, counteracting the revision
of increased throughput limits. Table 1, below, shows the previous
emission limit and new emission limit applicable to each unit at the
facility. Considered together, allowable emissions will be decreased by
1.18 lb/hr and 0.45 lb/hr for the 24-hour limit and the annual limit,
respectively. These changes become effective upon the effective date of
EPA's approval of MPCA's June 16, 2021, request.
Table 1--Summary of Changes to Allowable PM10 Emissions in Revised Title I SIP Conditions for Bulk Silos
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Previous PM10 New emission PM10
Unit description Previous unit ID New unit ID emission limit limit
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Pneumatic Conveyance to Silo 6. EQUI 1........... COMG 2 (EQUI 11 0.25 lb/hr *..... 0.009 lb/hr.*
excluded).
Pneumatic Conveyance to Silo 5. EQUI 2........... 0.25 lb/hr. *
Unloading Silos................ EQUI 3 (EQUI 6, 0.84 lb/hr. *
7, 11, AND 12).
New Silos...................... EQUI 8, 9, 10.... NA...............
Silo 3 (storage silo).......... EQUI 11.......... EQUI 11.......... 0.84 lb/hr *..... 0.0008 lb/hr.*
Truck loading.................. EQUI 4........... EQUI 4........... .04 lb/hr, * 0.15 .009 lb/hr.*
tpy **.
New Bucket Elevator............ NA............... EQUI 5 (bucket NA............... .0031 lb/hr.*
elevator.
[[Page 20327]]
Unpaved roads.................. FUGI 2........... FUGI 2........... 0.3 tpy **....... NA.
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* Daily average.
** 24-Hour rolling average and 12 month rolling average.
The approval of the SIP revisions allows the unloading of product
into EQUIs 1, 2, 6, 7, 8, 9, 10, or 12, contained in COMG 2. Product
would no longer be loaded into Silo 3 (EQUI 11). Instead, Silo 3 would
serve as a storage silo to transfer cementitious product between silos
7-9 (EQUI 8, 9 and 10). Units contained in COMG 2 are collectively
subject to the Unloading Process Throughput limits and the ``New SIP
PM<INF>10</INF> Limit'' of 0.009 lb/hr. Previously, EQUI 3 contained
EQUI 6, EQUI 7, EQUI 11, and EQUI 12. These four units are subject to
the combined PM<INF>10</INF> limit of 0.84 lb/hr at COMG 1 until
startup of the Project. Then, the PM<INF>10</INF> limit for EQUIs 6, 7,
and 12 will be encompassed by the PM<INF>10</INF> limit at COMG 2 and
the PM<INF>10</INF> limit for EQUI 11 will be at EQUI 11.
IV. Section 110(l) Obligations
In this action, EPA is approving MPCA's request to update title I
SIP Conditions related to the Bulk Silos' portland cement distribution
terminal. MPCA's submission includes a noninterference demonstration
clarification letter included within the docket of this rulemaking
intended to show that its SIP revision is approvable under Section
110(l) of the CAA; such a demonstration is sometimes called an anti-
backsliding demonstration. Section 110(l) provides that EPA cannot
approve a SIP revision if the revision would interfere with any
applicable requirement concerning attainment or reasonable further
progress (RFP), or any other applicable requirement of the CAA.
Additionally, Section 110(l) makes clear that each SIP revision is
subject to the requirements of Section 110(l). A state may demonstrate
the revision will not interfere with attainment of the NAAQS through an
air quality modeling analysis. As previously mentioned, MPCA performed
a SIL modeling demonstration to determine compliance with the
PM<INF>10</INF> NAAQS, concluding that the facility changes at Bulk
Silos will not interfere with the facility's ability to maintain the
PM<INF>10</INF> NAAQS and total allowable PM<INF>10</INF> emissions
will be decreased. The modeling demonstration included updated
facility-specific emission factors developed through performance
testing. Further, MPCA has made updates to the modeling requirements in
the Bulk Silos' permit, specifically, TFAC 5.1.1 states no change can
be made to the facility that would result in an increase in
PM<INF>10</INF> or PM<INF>2.5</INF> emissions until it can be
demonstrated that it would not cause an exceedance of the NAAQS. For
these reasons, we conclude that the revisions will not interfere with
attainment and maintenance of the NAAQS, RFP, or any other applicable
requirement of the CAA. EPA has determined that MPCA's SIP submission
meets the requirements of section 110(l) of the CAA.
V. 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), include 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).
VI. What action is EPA taking?
EPA is approving a revision to Minnesota's PM<INF>10</INF> SIP for
Bulk Silos, as submitted by MPCA on June 16, 2021, and reflected in
conditions labeled ``40 CFR pt. 51, Title I Condition: 40 CFR 50.6
(PM<INF>10</INF> SIP), Title I Condition: 40 CFR pt. 52, subp. Y'' in
the background document and permit (No. 12300391-102).
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 June 6, 2022
without further notice unless we receive relevant adverse written
comments by May 9, 2022. 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. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. If we do
not receive any
[[Page 20328]]
comments, this action will be effective June 6, 2022.
VII. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Minnesota
Regulations described in this preamble and set forth in the amendments
to 40 CFR part 52 below. EPA has made, and will continue to make, these
documents generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the
EPA Region 5 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\3\
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\3\ 62 FR 27968 (May 22, 1997).
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VIII. Statutory and Executive Order Reviews
Under the CAA the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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 application of those requirements would be inconsistent
with the Clean Air Act; and
<bullet> 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 June 6, 2022. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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: March 31, 2022.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1220, the table in paragraph (d) is amended by:
0
a. Adding an entry for ``Bulk Silos'' immediately following the entry
for ``BAE Technology Center''; and
0
b. Removing the entry for ``Lafarge North America Corporation, Childs
Road Terminal''.
The addition reads as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(d) * * *
[[Page 20329]]
EPA-Approved Minnesota Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Bulk Silos..................... 12300391-102 6/3/2021 4/7/2022, [INSERT Only conditions cited
Federal Register as ``Title I
CITATION]. Condition: 40 CFR
50.6 (PM10 SIP).''
* * * * * * *
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* * * * *
[FR Doc. 2022-07288 Filed 4-6-22; 8:45 am]
BILLING CODE 6560-50-P
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