[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Proposed Rules]
[Pages 30870-30873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11879]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[EPA-HQ-OAR-2007-0844, FRL-8572-2]
RIN 2060-AO39
Method 207--Pre-Survey Procedure for Corn Wet-Milling Facility
Emission Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to add Method 207 to the test methods in
Appendix M of 40 CFR Part 51. Appendix M contains recommended test
methods that are provided for the States to use in their State
Implementation Plans. Therefore, this method may be used as an
alternative to existing test methods for measuring volatile organic
compound (VOC) emissions. This pre-survey method was developed by the
corn wet-milling (CWM) industry specifically to measure VOC mass
emissions from processes within the CWM industry. It provides a
systematic approach to develop a specific list of target organic
compounds and the appropriate methods to measure those target compounds
during subsequent VOC emissions testing. After using the pre-survey
procedure, the tester will have sufficient information to design a
comprehensive testing program using Method 18 and other appropriate
methods to measure the mass of VOC emissions during the actual
emissions testing. This method is an alternative to existing test
methods and does not add any new reporting requirements to the
reporting requirements that already exist. While it is an alternative
method, it is the recommended method for measuring VOC mass emissions
from CWM facilities. In the ``Rules and Regulations'' section of this
Federal Register, we are adding Method 207 to the test methods in
Appendix M of 40 CFR Part 51 as a direct final rule without a prior
proposed rule. If we receive no adverse comment, we will not take
further action on this proposed rule.
DATES: Written comments must be received by June 30, 2008.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OAR-2007-0844, by mail to: U.S. Environmental Protection Agency, Mail
code: 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Please include a total of two copies. Comments may also be submitted
electronically or through hand delivery/
[[Page 30871]]
courier by following the detailed instructions in the ADDRESSES section
of the direct final rule located in the rules section of this Federal
Register.
FOR FURTHER INFORMATION CONTACT: Mr. Gary McAlister, U.S. Environmental
Protection Agency, Office of Air Quality Planning and Standards, Air
Quality Assessment Division, Measurements Technology Group (E143-02),
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-1062; fax number: (919) 541-0516; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Why Is EPA Issuing This Proposed Rule?
This document proposes to add Method 207 to the test methods in
Appendix M of 40 CFR Part 51. We have published a direct final rule
adding Method 207 to the test methods in Appendix M of 40 CFR Part 51
in the ``Rules and Regulations'' section of this Federal Register
because we view this as a noncontroversial action and anticipate no
adverse comment. We have explained our reasons for this action in the
preamble to the direct final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule, and it will not take effect. We would address
all public comments in any subsequent final rule based on this proposed
rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
II. Does This Action Apply to Me?
Method 207 affects/applies to the CWM industry and is used
specifically to measure VOC mass emissions from processes within the
CWM industry. Therefore, the categories and entities potentially
regulated by this action include the following:
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Examples of regulated
Category NAICS \a\ entities
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Industry...................... 311221........... Corn wet-milling.
State/local/tribal government. 924110........... State, local, and
tribal air quality
management groups
that regulate corn
wet-milling.
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\a\ North American Industry Classification System.
III. Statutory and Executive Reviews
A. Executive Order 12866--Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is, therefore, not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). It adds a test method to the
recommended methods in Appendix M of 40 CFR Part 51. This method is an
alternative to existing test methods and does not add any new reporting
requirements to the reporting requirements that already exist.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise which is independently owned and operated and
is not dominant in its field.
After considering the economic impacts of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on a substantial number of small
entities, since the primary purpose of the regulatory flexibility
analyses is to identify and address regulatory alternatives ``which
minimize any significant economic impact of the rule on small
entities.'' 5 U.S.C. 603 and 604. Thus, an agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, or
otherwise has a positive economic effect on all of the small entities
subject to the rule. This action establishes voluntary alternative test
procedures for satisfying the requirements of EPA Method 18, Section 16
(pre-survey), which are used to determine the mass VOC emissions from
processes within the corn wet-milling industry, by specifying the
analytes for subsequent EPA Method 18 testing. This rule does not
impose any new requirements or create impacts on small entities.
Therefore, this action is not expected to have a significant economic
impact on a substantial number of small entities. We continue to be
interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, and tribal
governments, in the aggregate, or to the private sector, of $100
million or more in any one year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the EPA to identify and consider a reasonable number of
regulatory alternatives and adopt the least costly, most cost-
effective, or least burdensome alternative that achieves the objectives
of the rule. The provisions of section
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205 do not apply when they are inconsistent with applicable law.
Moreover, section 205 allows EPA to adopt an alternative other than the
least costly, more cost-effective or least burdensome alternative if
the Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. This rule imposes no enforceable
duty on any State, local or tribal governments or the private sector.
EPA has determined that this rule contains no regulatory requirements
that might significantly or uniquely affect small governments. This
action adds a new test method for measuring VOC air emissions to the
recommended methods in 40 CFR Part 51. Because this method is an
alternative method, its use is voluntary. It will not impose
requirements on State, local, or tribal governments. Thus, this action
is not subject to the requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132--Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires the EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
This proposed rule does not have federalism implications. It will
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. Because this method is an
alternative method, its use is voluntary. It will not impose
substantial direct compliance costs on State or local governments, nor
will it preempt State law. Thus, Executive Order 13132 does not apply
to this rule. In the spirit of Executive Order 13132, and consistent
with EPA policy to promote communications between EPA and State and
local governments, EPA specifically solicits comment on this proposed
rule from State and local officials.
F. Executive Order 13175--Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
With Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have tribal implications, as specified in Executive Order 13175. The
proposed action would add a test method that could be used as an
alternative to existing methods. It does not add any new requirements
and does not affect VOC emissions or air quality. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045--Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note), directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (for example, materials specifications, test
methods, sampling procedures, and business practices) that are
developed or adopted by voluntary consensus standards bodies. The NTTAA
requires Federal agencies like EPA to provide Congress, through OMB,
explanations when it decides not to use available and applicable
voluntary consensus standards.
The rulemaking involves technical standards. Therefore, the Agency
conducted a search to identify potentially applicable voluntary
consensus standards. However, we identified no such standards, and none
were brought to our attention in comments. Therefore, EPA has decided
to propose Method 207 to measure mass VOC emissions from processes
within the corn wet-milling industry. This proposed method provides a
systematic approach to develop a specific list of target organic
compounds and the appropriate methods to measure those target compounds
during subsequent VOC emissions testing.
EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially
applicable voluntary consensus standards and to explain why such
standards should be used in this regulation.
J. Executive Order 12898--Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse
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human health or environmental effects on minority or low-income
populations because it does not affect the level of protection provided
to human health or the environment. This action proposes adding a new
test method for measuring VOC air emissions to the recommended methods
in 40 CFR part 51. It does not change any existing rules that limit VOC
air emissions.
List of Subjects in 40 CFR Part 51
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Volatile organic
compounds.
Dated: May 21, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-11879 Filed 5-28-08; 8:45 am]
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