[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Proposed Rules]
[Pages 42030-42033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17710]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2008-0080; FRL-9176-6]
RIN 2060-AQ26
Amendments to National Emission Standards for Hazardous Air
Pollutants: Area Source Standards for Prepared Feeds Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing three amendments to the regulatory text in
the prepared feeds manufacturing area source rule. First, this action
would correct the date for new sources to submit a Notification of
Compliance Status (NOCS) form. Second, this action would correct
information that needs to be included in the Notification of Compliance
Report for those small facilities that are not required to install
cyclones on their pelleting operations. Third, this action would add
language to the regulatory text requiring submittal of the annual
compliance certification report that was inadvertently left out of the
final rule. These corrections and clarifications would not change the
[[Page 42031]]
standards established by the rule. These corrections and clarifications
also would not result in the imposition of any costs beyond those
included in the final rule.
DATES: Written comments must be received on or before September 3,
2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0080, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov:
Follow the instructions for submitting comments.
Agency Web site: http://www.epa.gov/oar/docket.html.
Follow the instructions for submitting comments on the EPA Air and
Radiation Docket Web site.
E-mail: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2008-0080 in the subject line of the message.
Fax: Send comments to (202) 566-9744, Attention Docket ID
No. EPA-HQ-OAR-2008-0080.
Mail: Area Source NESHAP for Prepared Feeds Manufacturing
Docket, Environmental Protection Agency, Air and Radiation Docket and
Information Center, Mailcode: 2822T, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. Please include a total of two copies.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0080. 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: EPA has established a docket for this action under Docket
ID No. EPA-HQ-OAR-2008-0080. All documents in the docket are listed in
the Federal Docket Management System index at http://www.regulations.gov. Although listed in the index, some information is
not publicly available (e.g., confidential business information (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 form. Publicly available docket materials
are available either electronically through http://www.regulations.gov
or in hard copy at the EPA Docket Center, Public Reading Room, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Air
Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Jan King, Regulatory Development and
Policy Analysis Group, Office of Air Quality Planning and Standards
(C404-05), Environmental Protection Agency, Research Triangle Park, NC
27711. Telephone number: (919) 541-5665; fax number: (919) 541-0242; e-
mail address: [email protected].
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. Why is EPA issuing this proposed rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. What amendments are we making to the rule?
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. Why is EPA issuing this proposed rule?
This document proposes to take action on three amendments to the
regulatory text in the prepared feeds manufacturing area source rule.
We have published a direct final rule amending the regulatory text in
the prepared feeds manufacturing area source rule 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 by September 3, 2010, we will not
take further action on this proposed rule. If we receive adverse
comment, we will withdraw the amendments in the direct final rule or
certain amendments in the direct final rule and those amendments will
not take effect. We would address all public comments in any subsequent
final rule based on this proposed rule.
In the ``Rules and Regulations'' section of this Federal Register,
we are amending the regulatory text in the prepared feeds manufacturing
area source rule as a direct final rule without a prior proposal. If we
receive no adverse comment on that direct final rule, we will not take
further action on this proposed rule. If we receive adverse comment, we
will withdraw the amendments in the direct final rule or certain
amendments in the direct final rule and those amendments will not take
effect. The regulatory text for this proposal is identical to that for
the direct final 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 proved in the
ADDRESSES section of this document.
II. Does this action apply to me?
Regulated Entities. Categories and entities potentially regulated
by the proposed rule include:
[[Page 42032]]
------------------------------------------------------------------------
Examples of regulated
Category entities NAICS code \1\ entities
------------------------------------------------------------------------
Other Animal Foods 311119 Animal feeds, prepared
Manufacturing. (except dog and cat),
manufacturing.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.11619,
subpart DDDDDDD (NESHAP for Area Sources: Prepared Feeds
Manufacturing). If you have any questions regarding the applicability
of this action to a particular entity, consult either the State
delegated authority or the EPA regional representative, as listed in 40
CFR 63.13 of subpart A (General Provisions).
III. Where can I get a copy of this document?
Electronic Access. In addition to being available in the docket, an
electronic copy of this proposed action will also be available on the
Worldwide Web (WWW) through the Technology Transfer Network (TTN).
Following signature, a copy of this final action will be posted on the
TTN's policy and guidance page for newly proposed or promulgated rules
at the following address: http://www.epa.gov/ttn/oarpg/. The TTN
provides information and technology exchange in various areas of air
pollution control.
IV. What amendments are we making to this rule?
On January 5, 2010 (75 FR 522), the EPA promulgated the national
emission standards for hazardous air pollutants (NESHAP) for area
source prepared feeds manufacturing facilities as subpart DDDDDDD in 40
CFR part 63. Today's action proposes the following corrections and
clarifications:
1. The date for new sources to submit the Notification of
Compliance Form is corrected from ``within 120 days of startup, or by
May 4, 2012, whichever is later,'' to within 120 days of startup or
October 18, 2010, whichever is later.
2. Small facilities that are not subject to the requirement to
install and operate a cyclone to control emissions from pelleting
operations must submit documentation of their initial average daily
feed production level in their Notification of Compliance Status
report. The final rule used the incorrect term ``initial daily
pelleting production level.'' This is being corrected to indicate that
documentation of the ``initial average daily feed production level'' be
submitted.
3. The requirement to submit the annual compliance certification
report under certain circumstances is added. This requirement was in
the proposed rule but inadvertently deleted in the final rule.
These changes provide corrections and clarifications that are
referenced in the final rule published on January 5, 2010. Today's
action notifies interested parties of the proposed amendments.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This proposed action is not a ``significant regulatory action''
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993)
and is, therefore, not subject to review under the Executive Order.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
The proposed amendments result in no changes to the information
collection requirements of the existing standards of performance and
will have little or no impact on the information collection estimate of
projected cost and hour burden made and approved by the Office of
Management and Budget (OMB) during the development of the existing
standards of performance. Therefore, the information collection
requests have not been amended. However, OMB has previously approved
the information collection requirements contained in the existing
regulations (subpart DDDDDDD, 40 CFR part 63) under the provisions of
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned
OMB control number 2060-0635 (ICR 2354.02). The OMB control numbers for
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act 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
would not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small not-for-
profit enterprises, and small governmental jurisdictions.
For the 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 found 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; and (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 proposed action will not have a
significant economic impact on a substantial number of small entities.
This action does not impose any additional costs over those in the
final rule published on January 5, 2010 (75 FR 522). We continue to be
interested in the potential impacts of this proposed amendment on small
entities and welcome comments on issues related to such impacts.
D. Unfunded Mandates Reform Act
This proposed rule does not contain a Federal mandate that may
result in expenditures of $100 million or more for State, local, and
Tribal governments, in the aggregate, or to the private sector in any
one year. This proposed rule is not expected to impact State, local, or
Tribal governments. Thus, this rule would not be subject to the
requirements of sections 202 and 205 of the Unfunded Mandates Reform
Act (UMRA).
This proposed rule would also not be subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments.
E. Executive Order 13132: Federalism
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. This proposed rule does not
impose any requirements on State and local governments. Thus,
[[Page 42033]]
Executive Order 13132 does not apply to this proposed 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
This proposed action does not have Tribal implications, as
specified in Executive Order 13175 (65 FR 67249, November 9, 2000).
This proposed rule imposes no requirements on Tribal governments; thus,
Executive Order 13175 does not apply to this proposed action. EPA
specifically solicits additional comment on this proposed action from
Tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the Order
has the potential to influence the regulation. This proposed action is
not subject to Executive Order 13045 because it is based solely on
technology performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This proposed rule is not a ``significant energy action'' as
defined in Executive Order 13211 (66 FR 28355, May 22, 2001) because it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
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 (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 (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
These proposed rule amendments do not involve technical standards
as defined in the NTTAA. Therefore, this proposed rule is not subject
to NTTAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 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 would not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.
List of Subjects for 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: July 14, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-17710 Filed 7-19-10; 8:45 am]
BILLING CODE 6560-50-P