[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Rules and Regulations]
[Pages 41991-41994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17711]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2008-0080; FRL-9176-7]
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: Direct final rule.
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SUMMARY: EPA is taking direct final action on three amendments to the
regulatory text in the prepared feeds manufacturing area source rule.
First, this action corrects the date for new sources to submit a
Notification of Compliance Status (NOCS) form. Second, this action
corrects 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 adds
language to the regulatory text that was inadvertently left out of the
final rule requiring submittal of the annual compliance certification
report. These corrections and clarifications will not change the
standards established by the rule and not result in the imposition of
any costs beyond those included in the final rule.
DATES: This direct final rule is effective on November 2, 2010, without
further
[[Page 41992]]
notice, unless EPA receives adverse comment by September 3, 2010. If we
receive adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that some or all of the
amendments in this rule will not take effect.
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., (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 using a direct final 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 this 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 and Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Why is EPA using a direct final rule?
We are publishing the rule without a prior proposed rule because we
view this as a non-controversial action and anticipate no adverse
comment. As explained below, this action amends the date for new
sources to submit a Notification of Compliance Status (NOCS) form;
corrects 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; and adds language to
the regulatory text that was inadvertently left out of the final rule
requiring submittal of the annual compliance certification report.
Because this is an amendment of regulatory language through
rulemaking, a redline version of the regulatory language has been
created and has been placed in the docket (http://www.regulations.gov,
see Docket No. EPA-HQ-OAR-2008-0080) to aid the public's ability to
comment on the regulatory text.
If we receive relevant adverse comment on this direct final rule,
we will publish a timely withdrawal in the Federal Register informing
the public that some or all of the amendments in this rule will not
take effect. Any parties interested in commenting must do so at this
time.
II. Does this action apply to me?
Regulated Entities. The regulated categories and entities
potentially affected by the final rule include:
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Examples of regulated
Category NAICS code \1\ entities
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Other Animal Foods 311119 Animal feeds, prepared
Manufacturing. (except dog and cat),
manufacturing.
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\1\ North American Industry Classification System.
[[Page 41993]]
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 direct final 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 contains 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 is added. This requirement was in the proposed rule but
inadvertently deleted in the final rule.
The corrections will become effective on November 2, 2010, without
further notice, unless EPA receives adverse comment by September 3,
2010. If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that some or
all of the amendments in this rule will take affect. Today's action
notifies interested parties of the amendments.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This 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 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 direct final rule on
small entities, I certify that this 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).
D. Unfunded Mandates Reform Act
This direct final 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 direct final 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 final 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 direct final 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 direct final
rule does not impose any requirements on State and local governments.
Thus, Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This direct
final rule imposes no requirements on Tribal governments; thus,
Executive Order 13175 does not apply to this action.
[[Page 41994]]
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 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 direct final 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 direct final rule amendments do not involve technical
standards as defined in the NTTAA. Therefore, this direct final 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 direct final 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.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of Congress and to the Comptroller General
of the United States. EPA will submit a report containing these final
rule amendments and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the final rule amendments in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). This direct final rule will be
effective on November 2, 2010.
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.
0
For the reasons set out in the preamble, title 40, chapter I, part 63,
subpart DDDDDDD of the Code of Federal Regulations is amended as
follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart DDDDDDD--[Amended]
0
2. Section 63.11624 is amended as follows:
0
a. Revising the second sentence of paragraph (a)(2) introductory text;
0
b. Revising paragraph (a)(2)(iv); and
0
c. Revising paragraph (b) introductory text.
The revisions are to read as follows:
Sec. 63.11624 What are the notification, reporting, and recordkeeping
requirements?
(a) * * *
(2) * * * If you are the owner or operator of a new affected
source, you must submit a Notification of Compliance Status within 120
days of initial startup, or by October 18, 2010, whichever is later. *
* *
* * * * *
(iv) If you own or operate an affected source that is not subject
to the requirement in Sec. 63.11621(e) to install and operate a
cyclone to control emissions from pelleting operations because your
initial average daily feed production level was 50 tpd or less,
documentation of your initial average daily feed production level
determination.
(b) Annual compliance certification report. You must, by March 1 of
each year, prepare an annual compliance certification report for the
previous calendar year containing the information specified in
paragraphs (b)(1) through (b)(6) of this section. You must submit the
report if you had any instance described by paragraph (b)(3) or (b)(4)
of this section.
* * * * *
[FR Doc. 2010-17711 Filed 7-19-10; 8:45 am]
BILLING CODE 6560-50-P