[Federal Register: September 1, 2004 (Volume 69, Number 169)]
[Proposed Rules]
[Page 53380-53382]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se04-26]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2004-0006, FRL-7808-3]
RIN 2060-AK32
National Emission Standards for Hazardous Air Pollutants: Solvent
Extraction for Vegetable Oil Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
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SUMMARY: On April 12, 2001 (66 FR 19006), the EPA issued national
emission standards for hazardous air pollutants (NESHAP) for solvent
extraction for vegetable oil production under section 112(d) of the
Clean Air Act (CAA). This action would amend the compliance
requirements for vegetable oil production processes that exclusively
use a qualifying low-HAP extraction solvent. The amendments are being
made to require only the necessary recordkeeping and reporting
requirements for facilities using the low-HAP extraction solvent
compliance option.
In the Rules and Regulations section of this Federal Register, we
are taking direct final action on the proposed amendments because we
view the amendments as noncontroversial and anticipate no adverse
comments. We have explained our reasons for the amendments in the
direct final rule. If we receive no significant adverse comments, we
will take no further action on the proposed amendments. If we receive
significant adverse comments, we will withdraw only those provisions on
which we received significant adverse comments. We will publish a
timely withdrawal in the Federal Register indicating which provisions
will become effective and which provisions are being withdrawn. If part
or all of the direct final rule in the Rules and Regulations section of
today's Federal Register is withdrawn, all comments pertaining to those
provisions will be addressed in a subsequent final rule based on the
proposed amendments. We will not institute a second comment period on
the subsequent final action. Any parties interested in commenting must
do so at this time.
DATES: Written comments must be received on or before October 1, 2004,
unless a hearing is requested by September 13, 2004. If a timely
hearing request is submitted, we must receive written comments on or
before October 18, 2004.
ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
OAR-2004-0006, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment systems, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: A-and-R-Docket@epamail.epa.gov
Fax: 202-566-1741
Mail: (in duplicate, if possible) to Air and Radiation
Docket, Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460.
Hand Delivery: (in duplicate, if possible) to: Air and
Radiation Docket, Attention Docket ID Number OAR-2004-0006, U.S. EPA,
1301 Constitution Avenue, NW., Room B-108, 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.
We request that a separate copy also be sent to the contact person
listed below (see FOR FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to Docket ID No. OAR-2004-0006.
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.epa.gov/edocket
, 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 EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov websites are
``anonymous access'' systems, 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 EDOCKET or 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. For additional information about EPA's public
docket visit EDOCKET on-line or see the Federal Register of May 31,
2002 (67 FR 38102). For additional instructions on submitting comments,
go to the SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index, some
information is not publicly available, i.e., CBI 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
[[Page 53381]]
form. Publicly available docket materials are available either
electronically in EDOCKET or in hard copy at the Docket, EPA/DC, EPA
West, Room B-102, 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. A reasonable fee may be charged for
copying docket materials. The telephone number for the Public Reading
Room is (202) 566-1744, and the telephone number for the Air and
Radiation Docket is (202) 566-1742.
Public Hearing. If a public hearing is held, it will be held at 10
a.m. at the EPA facility complex in Research Triangle Park, North
Carolina or at an alternate site nearby.
FOR FURTHER INFORMATION CONTACT: Mr. Greg Nizich, U.S. EPA, Waste and
Chemical Processes Group (C439-03), Emission Standards Division, Office
of Air Quality Planning and Standards, Research Triangle Park, North
Carolina 27711, telephone number (919) 541-3078, facsimile number (919)
541-3207, electronic mail address: nizich.greg@epa.gov. Questions
regarding the applicability of this action to a particular entity
should be directed to the appropriate EPA Regional Office
representative.
SUPPLEMENTARY INFORMATION: Regulated Entities. If your facility
produces vegetable oil from corn germ, cottonseed, flax, peanuts,
rapeseed (for example, canola), safflower, soybeans, or sunflower, it
may be a ``regulated entity.'' Categories and entities potentially
regulated by this action include those listed in the following table:
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Examples of
Category SIC code NAICS regulated
entities
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Industry....................... 2074 311223 Cottonseed oil
mills.
2075 311222 Soybean oil
mills.
2076 311223 Other vegetable
oil mills,
excluding
soybeans and
cottonseed
mills.
2079 311223 Other vegetable
oil mills,
excluding
soybeans and
cottonseed
mills.
2048 311119 Prepared feeds
and feed
ingredients for
animals and
fowls, excluding
dogs and cats.
2041 311211 Flour and other
grain mill
product mills.
2046 311221 Wet corn milling.
Federal government............. ......... ......... Not affected.
State/local/tribal government.. ......... ......... Not affected.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR part 63,
subpart GGGG. If you have any questions regarding the applicability of
this action to a particular entity, consult the individual described in
the preceding FOR FURTHER INFORMATION CONTACT section.
Submitting Comments Containing CBI. Do not submit this information
to EPA through EDOCKET, regulations.gov or e-mail. Clearly mark the
part or all of the information that you claim to be CBI. (For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is claimed as CBI). In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this action will also be available through the
http://WWW. Following signature, a copy of this action will be posted on EPA's
Technology Transfer Network (TTN) policy and guidance page for newly
proposed or promulgated rules: http://www.epa.gov/ttn/oarpg. The TTN at
EPA's Web site provides information and technology exchange in various
areas of air pollution control. If more information regarding the TTN
is needed, call the TTN HELP line at (919) 541-5384.
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Ms.
Willie Russell, Waste and Chemical Processes Group, Emissions Standards
Division, (C439-04), Research Triangle Park, NC 27711, telephone number
(919) 541-5034, at least 2 days in advance of the potential date of the
public hearing. Persons interested in attending the public hearing must
also call Ms. Russell to verify the time, date, and location of the
hearing. The public hearing will provide interested parties the
opportunity to present data, views, or arguments concerning these
proposed emissions standards.
Direct Final Rule. A direct final rule identical to the proposal is
published in the Rules and Regulations section of today's Federal
Register. If we receive any significant adverse comment pertaining to
the amendments in the proposal, we will publish a timely notice in the
Federal Register informing the public that the amendments are being
withdrawn due to adverse comment. We will address all public comments
concerning the withdrawn amendments in a subsequent final rule. If no
relevant adverse comments are received, no further action will be taken
on the proposal and the direct final rule will become effective as
provided in that notice.
[[Page 53382]]
The regulatory text for this proposal is identical to that for the
direct final rule published in the Rules and Regulations section of
today's Federal Register. For further supplementary information, see
the direct final rule.
Statutory and Executive Order Reviews. The Regulatory Flexibility
Act (RFA), as amended by the Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et seq., 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 today's proposed rule
amendments on small entities, a small entity is defined as: (1) A small
business whose parent company has fewer than 750 employees; (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.
We believe there will be little or no impact on small entities
because the purpose of today's proposed amendments is to simplify the
rule by limiting the recordkeeping and reporting requirements for
facilities utilizing a low-HAP extraction solvent exclusively in the
vegetable oil production process. The Administrator certifies that this
action will not have a significant economic impact on a substantial
number of small entities.
For information regarding other administrative requirements for
this action, please see the direct final rule located in the Rules and
Regulations section of today's Federal Register.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: August 25, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-19920 Filed 8-31-04; 8:45 am]
BILLING CODE 6560-50-P