Rule2026-09618
Air Plan Approval; Minnesota; Metropolitan Council Wastewater Treatment Plant Title I PM10 SIP Revisions
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
May 14, 2026
Effective
June 15, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a request from the Minnesota Pollution Control Agency (MPCA) to revise its State Implementation Plan (SIP) by addressing changes at the Metropolitan Council Environmental Service (MCES) Metropolitan Council Wastewater Treatment Plant (Metro Plant) in Ramsey County, Minnesota, which is affected by title I SIP conditions. This SIP revision is being approved in conjunction with an amendment to a part 70 permit maintaining federally enforceable title I SIP conditions. This SIP revision will result in a reduction of allowable emissions of particulate matter less than 10 microns (PM<INF>10</INF>) emitted by the facility. The EPA proposed to approve this action on November 20, 2025.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 93 (Thursday, May 14, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 93 (Thursday, May 14, 2026)]
[Rules and Regulations]
[Pages 27217-27219]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09618]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2024-0268; FRL-12929-02-R5]
Air Plan Approval; Minnesota; Metropolitan Council Wastewater
Treatment Plant Title I PM10 SIP Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
request from the Minnesota Pollution Control Agency (MPCA) to revise
its State Implementation Plan (SIP) by addressing changes at the
Metropolitan Council Environmental Service (MCES) Metropolitan Council
Wastewater Treatment Plant (Metro Plant) in Ramsey County, Minnesota,
which is affected by title I SIP conditions. This SIP revision is being
approved in conjunction with an amendment to a part 70 permit
maintaining federally enforceable title I SIP conditions. This SIP
revision will result in a reduction of allowable emissions of
particulate matter less than 10 microns (PM<INF>10</INF>) emitted by
the facility. The EPA proposed to approve this action on November 20,
2025.
DATES: This final rule is effective on June 15, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R05-OAR-2024-0268. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, i.e.,
Confidential Business Information (CBI), Proprietary Business
Information (PBI), or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT: Nicole Naber, Air and Radiation
Division (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, telephone number: (312)
886-6609, email address: <a href="/cdn-cgi/l/email-protection#3c525d5e594e1252555f5350597c594c5d125b534a"><span class="__cf_email__" data-cfemail="ea848b888f98c484838985868faa8f9a8bc48d859c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background Information
On November 20, 2025 (90 FR 52303), the EPA proposed to approve
revisions to the source-specific SIP for the MCES Metro Plant,
incorporating changes including lower allowable PM<INF>10</INF>
emissions at the facility through decreased emissions limits on several
pieces of equipment and modifications to the ash-handling equipment.
This action will result in a reduction of allowable PM<INF>10</INF>
emissions at the facility. The EPA included an explanation of the Clean
Air Act (CAA) requirements, a detailed analysis of the revisions, and
its reasons for proposing approval in the
[[Page 27218]]
notice of proposed rulemaking (NPRM) and will not be restated here. The
public comment period for this proposed rule ended on December 22,
2025.
II. Response to Public Comments
The EPA received one anonymous supportive comment and one adverse
comment from the Citizens Rulemaking Alliance. A summary of the adverse
comment and the EPA's response is provided below. All comments
submitted during the public comment period are available in the docket
of this action.
Comment: The EPA inappropriately issued a direct final rulemaking
to supersede the comment process. The EPA should withdraw its direct
final rulemaking and issue a proposed rulemaking that allows for public
comment.
The EPA's Response: The EPA disagrees with the commenter. This
claim relies on commenter's misunderstanding that the EPA issued a
final rule with the November 20, 2025, action. The EPA published a NPRM
on November 20, 2025, not a final rule, which included a 30-day public
comment period on the proposed rulemaking that closed on December 22,
2025. In this action, we are finalizing the November 20, 2025, proposed
action. Based on these facts, the proposed rule was not a final action
for the commenter to petition the EPA for a stay or delay of a yet-to-
be-established effective date. Finally, the EPA is not relying on
section 553(b) of the Administrative Procedure Act in this action.
Comment: The EPA should develop an Initial Regulatory Flexibility
Analysis (RFA) or revised certification with supporting evidence to
demonstrate a lack of significant economic impact on a substantial
number of small entities.
The EPA's Response: The EPA expects this rulemaking to only impact
one source, the MCES Metro Plant. An RFA is inapplicable to this
rulemaking because the regulatory analysis provisions of the RFA are
only triggered by a threshold determination by the Agency that this
rule will have a significant economic impact on a substantial number of
small entities. Because the Agency has certified this rule will not
have a significant economic impact, section 603 and 604 of the RFA do
not apply to this rulemaking. 5 U.S.C. 605(b).
Comment: The EPA should provide a clear statement as to whether
this action imposes a Federal intergovernmental mandate within the
meaning of the Unfunded Mandates Reform Act (UMRA) and should provide
calculations to demonstrate that related expenditures do not exceed
UMRA's $100 million threshold.
The EPA's Response: The EPA has already complied with any UMRA
obligation by including in the proposed rulemaking its determination
that this rule will not result in expenditures exceeding $100 million
in any one year, pursuant to 2 U.S.C. 1532(a). The Agency need not
complete any further statement under 2 U.S.C. 1532.
Comment: The EPA should repropose this rule to incorporate a clear
Incorporation by Reference section that includes the complete title I
permit including all terms, conditions, attachments, emission limits,
testing/monitoring protocols, and any referenced technical support.
The EPA's Response: This action includes a clear Incorporation by
Reference section in the proposal, and the EPA has already made all
necessary materials available during the proposed rulemaking on the
<a href="https://www.regulations.gov">https://www.regulations.gov</a> website Docket (EPA-R05-OAR-2024-0268).
Comment: The EPA should ensure that the docket contains the basis
for its determination that this action is not a significant regulatory
action under E.O. 12866.
The EPA's Response: Within the proposed rule, the Agency has
already complied with E.O. 12866 by determining that this rulemaking is
not a significant regulatory action as defined in E.O. 12866.
III. What action is the EPA taking?
The EPA is approving incorporation into Minnesota's SIP of all the
conditions cited as ``Title I Condition: 40 CFR 52.1220(PM<INF>10</INF>
SIP)'' in Permit No. 12300053-102. These revisions include both the
changes in ash handling within the facility and the lower allowable
PM<INF>10</INF> emissions for each Fluidized Bed Incinerator (EQUI 3,
EQUI 4, EQUI 5), auxiliary boilers (EQUI 10, EQUI 11), and ash loadout
vacuum (EQUI 50).
This SIP submittal includes Permit No. 12300053-102 and the
supporting technical documentation.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Minnesota Permit Provisions described in section III of this preamble
and set forth in the amendments to 40 CFR part 52 below. The EPA has
made, and will continue to make, these documents generally available
through <a href="https://www.regulations.gov">https://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 the EPA for inclusion in the SIP,
have been incorporated by reference by the 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 the EPA's approval, and
will be incorporated by reference in the next update to the SIP
compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. 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, the 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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant under
Executive Order 12866;
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
[[Page 27219]]
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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 CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the 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 rule is exempt from the Congressional Review Act because it is
a rule of particular applicability.
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 July 13, 2026. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: May 4, 2026.
Anne Vogel,
Regional Administrator, Region 5.
For the reasons stated in the preamble, 40 CFR part 52 is amended
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 revising
the entry for ``Metropolitan Council Environmental Services
Metropolitan Wastewater Treatment Plan'' to read as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(d) * * *
EPA Approved Minnesota Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Permit No. date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Metropolitan Council Environmental 12300053-102 1/4/2024 5/14/2026, 91 FR Only conditions
Services Metropolitan Wastewater [INSERT FEDERAL cited as ``Title I
Treatment. REGISTER PAGE WHERE condition: SIP for
THE DOCUMENT PM10 NAAQS.''
BEGINS].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2026-09618 Filed 5-13-26; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 14, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.