[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Rules and Regulations]
[Pages 2832-2837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-759]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 63
[EPA-HQ-OAR-2002-0051; EPA-HQ-OAR-2007-0877; FRL-9253-4]
RIN 2060-AQ59
National Emission Standards for Hazardous Air Pollutants From the
Portland Cement Manufacturing Industry and Standards of Performance for
Portland Cement Plants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct Final rule; amendments.
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SUMMARY: The EPA is taking direct final action on amendments to the
National Emissions Standards for Hazardous Air Pollutants (NESHAP) from
the Portland Cement Manufacturing Industry and Standards of Performance
(NSPS) for Portland Cement Plants. The final rules were published on
September 9, 2010. This direct final action amends certain regulatory
text to clarify compliance dates and clarifies that the previously
issued emission limits that were changed in the September 9, 2010,
action remain in effect until sources are required to comply with the
revised limits. We are also correcting two minor typographical errors
in the regulatory text to the September 9, 2010 action.
DATES: The direct final rule is effective on March 21, 2011, without
further notice, unless EPA receives significant adverse written comment
by February 17, 2011, or if a public hearing is requested by February
2, 2011. If significant adverse comments are received, EPA will publish
a timely withdrawal in the Federal Register clarifying which provisions
will become effective and which provisions are being withdrawn due to
adverse comment.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0051, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (202) 566-9744.
Mail: U.S. Postal Service, send comments to: EPA Docket
Center (6102T), National Emission Standards for Hazardous Air Pollutant
From the Portland Cement Manufacturing Industry Docket, Docket ID No.
EPA-HQ-OAR-2002-0051, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include a total of two
[[Page 2833]]
copies. In addition, please mail a copy of your comments on the
information collection provisions to the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk
Officer for EPA, 725 17th St., NW., Washington, DC 20503.
Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center (6102T), Standards of Performance (NSPS) for
Portland Cement Plants Docket, Docket ID No. EPA-HQ-OAR-2002-0051, EPA
West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. Please include a total of two copies.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2002-0051. 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: All documents in the docket are listed in the http://www.regulations.gov index. 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.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center,
National Emission Standards for Hazardous Air Pollutants from the
Portland Cement Manufacturing Industry Docket, 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 Docket Center is (202)
566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Keith Barnett; Office of Air
Quality Planning and Standards; Sector Policies and Programs Division,
Metals and Minerals Group (D243-02); Environmental Protection Agency;
Research Triangle Park, NC 27711; telephone number: (919) 541-5605; fax
number: (919) 541-5450; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. What is the background for the amendments?
On September 9, 2010 (75 FR 54970), EPA issued final amendments to
National Emission Standards for Hazardous Air Pollutants (NESHAP) from
the Portland Cement Manufacturing Industry and Review of New Source
Performance Standards (NSPS) for Portland Cement Plants. EPA
subsequently determined that the final rule amendments were unclear in
certain areas. First, compliance dates are unclear for some sources.
Second, the final rule amendments did not make clear that emission
limits currently in effect for existing sources remain in effect until
the compliance date of the September 9, 2010, emission standards.
Third, we inadvertently omitted a required rule reference in an
incorporation by reference provision. Finally, this direct final rule
will correct a typographical error in Table 1 of Sec. 63.1343(b). This
action makes these clarifications and corrects these errors.
We are issuing the amendments as a direct final rule, without a
prior proposal, because we view the revisions as noncontroversial and
anticipate no adverse comment. However, in the Proposed Rules section
of this Federal Register notice, we are publishing a separate document
that will serve as the proposal to amend the NESHAP and NSPS for cement
production if significant adverse comments are filed.
II. What are the changes to the final rules (75 FR 54970)?
This direct final rule changes the following provisions. In Sec.
63.1351(b) we establish a compliance date for existing sources of three
years from publication of the final rule in the Federal Register for
the particulate matter (PM), total hydrocarbons (THC), hydrochloric
acid (HCl), and mercury emissions limits. However, we also made other
changes to rule requirements, which included regulating open clinker
piles and changing the requirements for opacity measurements. Because
the rule text did not include specific compliance dates for these other
requirements, there is uncertainty as to the compliance dates as
applied to existing sources--for example, whether there is an unstated
(and unintended) implication that compliance dates for standards and
other changes not enumerated explicitly are different from three years
after promulgation. EPA in fact intended that the same compliance date
apply for all changes to rule requirements for existing sources. This
is evident since EPA indicated generally that it was establishing a
compliance date of three years for the September 9, 2010, requirements
for existing sources (75 FR at 54993), and never discussed or otherwise
suggested (in either the proposed or final rule) any alternative
compliance date. We have now modified Sec. 63.1351 to clarify that all
of the amendments of standards for existing sources have a compliance
date of three years from promulgation. In addition, we are clarifying
the rule text to make clear that the compliance date for the monitoring
requirements associated with the September 9, 2010, emission standards,
including requirements for measuring clinker production, is three years
from promulgation.
In establishing the September 9, 2010, standards for existing
cement kilns, it was not our intention to remove the existing emissions
limits for these kilns adopted by EPA in 1999 and 2006. No such change
was proposed, discussed, or contemplated by EPA or by any commenter.
However, due to a drafting error, these provisions were inadvertently
deleted. In this action we are restoring the kiln, clinker cooler, and
raw material dryer emissions limits as they existed prior to the
September 9, 2010, rule amendments. This includes both the new and
existing source emissions limits that existed prior to September 9,
2010. Kilns that are now defined as existing sources for the mercury
and THC limits promulgated on September 9, 2010, will
[[Page 2834]]
still be required to meet the new source standards promulgated on
December 20, 2006 (71 FR 76518), if they were subject to these
emissions limits, until the compliance date for the limits promulgated
on September 9, 2010, has passed. Once the compliance date for any
emissions limit changed on September 9, 2010, has passed, the previous
limit no longer applies.
In the Incorporation by Reference section of Part 60 subpart A, we
inadvertently omitted a reference to Sec. 60.257(b)(3), which was
previously incorporated in paragraph Sec. 60.17(h)(4). In this notice,
we are adding this reference to that paragraph.
Finally, on Table 1 of Sec. 63.1343 entry 16 in the column titled,
``And if it is located,'' we failed to include the words ``At a major
source'' in entry 16. We are adding this language to the table.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866, Regulatory Planning and Review (58 FR
51735, October 4, 1993), this action is not a ``significant regulatory
action'' and is, therefore, not subject to review by the Office of
Management and Budget (OMB). (See 75 FR 55029-30) This action is a
correction to certain text in the final rules and is not a ``major
rule'' as defined by 5 U.S.C. 804(2). However, the final rules
promulgated on September 9, 2010, were reviewed by OMB.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This action adds clarifications and corrections the final standards.
However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations (75 FR 54970, September 9, 2010) under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control numbers 2060-0416 and 2060-0614. 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 (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 impact of this rule on small
entities, small entity is defined as: (1) A small business whose parent
company has no more than 750 employees depending on the size definition
for the affected NAICS code (as defined by Small Business
Administration (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; 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 impact 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 because it
does not add any additional regulatory requirements.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act (UMRA), 2 U.S.C 1531-
1538, requires Federal agencies, unless otherwise prohibited by law, to
assess the effects of their regulatory actions on State, local, and
Tribal governments and the private sector. Federal agencies must also
develop a plan to provide notice to small governments that might be
significantly or uniquely affected by any regulatory requirements. The
plan must enable officials of affected small governments to have
meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates and must
inform, educate, and advise small governments on compliance with the
regulatory requirements.
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 the private sector in any one
year. Thus, this final rule is not subject to the requirements of
section 202 and 205 of the UMRA.
This final action is also not subject to the requirements of
section 203 of the UMRA because it contains no regulatory requirements
that might significantly or uniquely affect small governments. This
final action contains no requirements that apply to such governments,
imposes no obligations upon them, and will not result in expenditures
by them of $100 million or more in any one year or any disproportionate
impacts on them.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999), requires 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 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. None of the affected
facilities are owned or operated by State governments. Thus, Executive
Order 13132 does not apply to these final rules.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Subject to the Executive Order 13175 (65 FR 67249, November 9,
2000) EPA may not issue a regulation that has Tribal implications, that
imposes substantial direct compliance costs, and that is not required
by statute, unless the Federal government provides the funds necessary
to pay the direct compliance costs incurred by Tribal governments, or
EPA consults with Tribal officials early in the process of developing
the regulation and develops a Tribal summary impact statement.
This direct final rule does not have Tribal implications, as
specified in Executive Order 13175 (65 FR 67249, November 9, 2000). It
will not have substantial direct effects on Tribal governments, on the
relationship between the Federal government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian Tribes, as specified in Executive Order 13175.
The final rule imposes no new requirements on the one Tribally owned
facility. 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
[[Page 2835]]
applying 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 is based
solely on technology performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (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 (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) 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 VCS bodies. NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable VCS.
This action does not involve changes to the technical standards
related to test methods or monitoring methods; thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272) do not apply.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 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.
The direct final rule does not involve special consideration of
environmental justice-related issues as required by Executive Order
12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994),
because it does not change any regulatory requirements. This action
merely corrects and clarifies existing requirements.
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 the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule 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 rule 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 correction is effective March 21, 2011.
List of Subjects
40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Incorporation by
reference, Reporting and recordkeeping requirements.
Dated: January 10, 2011.
Lisa P. Jackson,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
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1. The authority citation for part 60 continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.
Subpart A--[Amended]
0
2. Section 60.17 is amended by revising paragraph (h)(4) to read as
follows:
Sec. 60.17 Incorporations by reference.
* * * * *
(h) * * *
(4) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus], IBR approved for Sec. 60.56c(b)(4) of
subpart Ec, Sec. 60.63(f)(2) and (f)(4) of subpart F, Sec.
60.106(e)(2) of subpart J, Sec. Sec. 60.104a(d)(3), (d)(5), (d)(6),
(h)(3), (h)(4), (h)(5), (i)(3), (i)(4), (i)(5), (j)(3), and (j)(4),
60.105a(d)(4), (f)(2), (f)(4), (g)(2), and (g)(4), 60.106a(a)(1)(iii),
(a)(2)(iii), (a)(2)(v), (a)(2)(viii), (a)(3)(ii), and (a)(3)(v), and
60.107a(a)(1)(ii), (a)(1)(iv), (a)(2)(ii), (c)(2), (c)(4), and (d)(2)
of subpart Ja, Sec. 60.257(b)(3) of Subpart Y, tables 1 and 3 of
subpart EEEE, tables 2 and 4 of subpart FFFF, table 2 of subpart JJJJ,
and Sec. 60.4415(a)(2) and (a)(3) of subpart KKKK of this part.
PART 63--[AMENDED]
0
3. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart LLL--[Amended]
0
4. Section 63.1343 is amended by revising entry 16 of Table 1 in
paragraph (b)(1) and adding paragraph (e) to read as follows:
Sec. 63.1343 What standards apply to my kilns, clinker coolers, raw
material dryers, and open clinker piles?
* * * * *
(b)(1) * * *
[[Page 2836]]
Table 1--Emissions Limits for Kilns (Rows 1-8), Clinker Coolers (Rows 9-12), Raw Material Dryers (Rows 13-15), Raw and Finish Mills (Row 16)
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And the units of The oxygen
If your source is And the operating And if is located Your emissions the emissions correction factor
mode is: limits are: limit are: is:
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* * * * * * *
16............................. An Existing or new All operating At a major source. Opacity-10........ percent........... NA.
raw or finish modes.
mill.
* * * * * * *
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* * * * *
(e) Emissions limits in effect prior to September 9, 2010. Any
source defined as an existing source in Sec. 63.1351, and that was
subject to a PM, mercury, THC, D/F, or opacity emissions limit prior to
September 9, 2010, must continue to meet the limits shown in Table 2 to
this section until September 9, 2013.
Table 2--Emissions Limits in Effect Prior to September 9, 2010, for Kilns (Rows 1-4), Clinker Coolers (Row 5), and Raw Material Dryers (Rows 6-9).
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Your emissions limits And the units of the
If your source is and And if it is located at are \1\: emissions limit are:
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1. An existing kiln................ it commenced construction or A major source.......... PM--0.3............... lb/ton feed
reconstruction on or prior to December Opacity--20........... percent
2, 2005. D/F--0.2 \2\.......... ng/dscm (TEQ)
THC--50 3 4........... ppmvd.
2. An existing kiln................ it commenced construction or A major source.......... PM--0.3............... lb/ton feed
reconstruction after December 2, 2005. Opacity--20........... percent
D/F--0.2 \2\.......... ng/dscm (TEQ)
THC--20 3 5........... ppmvd
Mercury--41 \6\....... ug/dscm.
3. An existing kiln................ it commenced construction or An area source.......... D/F--0.2 \2\.......... ng/dscm (TEQ)
reconstruction on or prior to December THC--50 3 4........... ppmvd.
2, 2005.
4. An existing kiln................ it commenced construction or An area source.......... D/F--0.2 \2\.......... ng/dscm (TEQ)
reconstruction after December 2, 2005. THC--20 3 5........... ppmvd
Mercury--41 \6\....... ug/dscm.
5. An existing clinker cooler...... NA....................................... A major source.......... PM--0.1............... lb/ton feed
Opacity--10........... percent.
6. An existing raw material dryer.. it commenced construction or A major source.......... THC--50 3 4........... ppmvd
reconstruction on or prior to December Opacity--10........... percent.
2, 2005.
7. An existing raw material dryer.. it commenced construction or A major source.......... THC--20 3 5........... ppmvd
reconstruction after December 2, 2005. Opacity--10........... percent.
8. An existing raw material dryer.. it commenced construction or An area source.......... THC--50 3 4........... ppmvd.
reconstruction on or prior to December
2, 2005.
9. An existing raw material dryer.. it commenced construction or An area source.......... THC--20 3 5........... ppmvd.
reconstruction after December 2, 2005.
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\1\ All emission limits expressed as a concentration basis (ppmvd, ng/dscm) are corrected to seven percent oxygen.
\2\ If the average temperature at the inlet to the first particulate matter control device (fabric filter or electrostatic precipitator) during the D/F
performance test is 400 [deg]F or less, this limit is changed to 0.4 ng/dscm (TEQ).
\3\ Measured as propane.
\4\ Only applies to Greenfield kilns or raw material dryers.
\5\ As an alternative, a source may demonstrate a 98 percent reduction in THC emissions from the exit of the kiln or raw material dryer to discharge to
the atmosphere. Inline raw mills are considered to be an integral part of the kiln.
\6\ As an alternative, a source may route the emissions through a packer bed or spray tower wet scrubber with a liquid-to-gas ratio of 30 gallons per
1000 actual cubic feet per minute or more and meet a site-specific emission limit based on the measured performance of the wet scrubber.
0
5. Section 63.1350 is amended by revising paragraph (d)(2) to read as
follows:
Sec. 63.1350 Monitoring requirements.
* * * * *
(d) * * *
(2) Determine, record, and maintain a record of the accuracy of the
system of measuring hourly clinker production (or feed mass flow if
applicable). During each quarter of source operation, you must
determine, record, and maintain a record of the ongoing accuracy of the
system of measuring hourly clinker production (or feed mass flow).
* * * * *
[[Page 2837]]
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6. Section 63.1351 is revised to read as follows:
Sec. 63.1351 Compliance dates.
(a) The compliance date for any affected existing source subject to
any rule requirements that were in effect before December 20, 2006, is:
(1) June 14, 2002, for sources that commenced construction before
or on March 24, 1998, or
(2) June 14, 1999 or startup for sources that commenced
construction after March 24, 1998.
(b) The compliance date for any affected existing source subject to
any rule requirements that became effective on December 20, 2006, is:
(1) December 21, 2009, for sources that commenced construction
after December 2, 2005 and before or on December 20, 2006, or
(2) Startup for sources that commenced construction after December
20, 2006.
(c) The compliance date for existing sources for all the
requirements that became effective on November 8, 2010 will be
September 9, 2013.
(d) The compliance date for new sources is November 9, 2010 or
startup, whichever is later.
[FR Doc. 2011-759 Filed 1-14-11; 8:45 am]
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