[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22136]


[[Page Unknown]]

[Federal Register: September 8, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[FRL-5068-1]

 

Standards of Performance for New Stationary Sources Starch 
Production Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and notice of public hearing.

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SUMMARY: The proposed new source performance standards (NSPS) would 
limit emissions of particulate matter (PM) from new, modified, and 
reconstructed starch production plants. The proposed NSPS implement 
section 111 of the Clean Air Act, as amended (the Act), and are based 
upon the Administrator's determination that emissions from starch 
production plants cause, or contribute significantly to, air pollution 
which may reasonably be anticipated to endanger public health or 
welfare. The intent is to require new, modified, and reconstructed 
starch production plants to control emissions to the level achievable 
by the best demonstrated system of continuous emission reduction, 
taking into account the cost of achieving such reduction and any nonair 
quality health and environmental impact and energy requirements.
    A public hearing will be held, if requested, to provide interested 
persons an opportunity for oral presentations of data, views, or 
arguments concerning the proposed standards.

DATES: Comments. Comments on the proposed standards must be received on 
or before November 7, 1994 at the address noted below.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by September 29, 1994, a public hearing will be held on 
October 11, 1994 beginning at 9:00 a.m. Persons interested in attending 
the hearing should call Ms. Brenda Overman at (919) 541-5595 to verify 
that a hearing will occur.
    Request to Speak at Hearing. Persons wishing to present oral 
testimony must contact EPA by September 29, 1994.

ADDRESSES: Interested parties may submit written comments (in duplicate 
if possible) to Public Docket No. A-94-18 at the following address: 
U.S. Environmental Protection Agency, Air and Radiation Docket and 
Information Center (formerly known as the Air Docket) (6102), 401 M 
Street, SW., Washington, DC 20460. The Agency requests that a separate 
copy also be sent to the contact person listed below. The docket is 
located at the above address in room M-1500, Waterside Mall (ground 
floor), and may be inspected from 8 a.m. to 4 p.m., Monday through 
Friday. The proposed regulatory text and other materials related to 
this rulemaking are available for review in the docket center or copies 
may be mailed on request from the Air and Radiation Docket and 
Information Center by calling (202) 260-7548 or 7549. The FAX number 
for the Center is (202) 260-4000. A reasonable fee may be charged for 
copying docket materials. The proposed regulatory text and other 
materials are also available on the Technology Transfer Network (TTN), 
one of EPA's electronic bulletin boards. The TTN provides information 
and technology exchange in various areas of air pollution control. The 
service is free, except for the cost of a phone call. Dial (919) 541-
5742 for up to a 14,400 bps modem. If more information on the TTN is 
needed, call the TTN HELP line at (919) 541-5384.
    Public Hearing. If a public hearing is held, it will be held at the 
EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina. Persons wishing to present oral testimony should notify 
Ms. Brenda Overman, Industrial Studies Branch (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5595, FAX number (919) 541-5600.
    Docket. Docket No. A-94-18, containing supporting information used 
in developing the proposed standards, is available for public 
inspection and copying as noted above. The docket is an organized and 
complete file of all the information submitted to or otherwise 
considered by EPA in the development of this proposed rulemaking. The 
principal purposes of the docket are: (1) To allow interested parties 
to readily identify and locate documents so that they can intelligently 
and effectively participate in the rulemaking process, and (2) To serve 
as the record in case of judicial review.

FOR FURTHER INFORMATION CONTACT: For information concerning specific 
aspects of this proposal, contact Mr. William Maxwell [telephone number 
(919) 541-5430], Industrial Studies Branch, Emission Standards Division 
(MD-13), U.S. Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711.

SUPPLEMENTARY INFORMATION: The following outline is provided to aid in 
locating information in this document.

I. Applicability and Summary of the Proposed Rule
II. Additional Detailed Information
III. Public Participation
IV. Statutory Authority
V. Administrative Designation and Regulatory Analysis
VI. Compliance with Regulatory Flexibility Act
VII. Paperwork Reduction Act

I. Applicability and Summary of the Proposed Rule

    Typically, starch production plants are components of larger 
facilities that prepare a variety of products. For example, a corn wet 
milling facility will normally produce a range of products that can 
include animal feed, corn gluten, corn germ, germ meal, corn oil, 
starch, and starch derivatives. Starch derivatives can include modified 
specialty starches, dextrins, dextrose, corn syrup, high fructose corn 
syrup, ethanol, and a variety of sweeteners. Similar ranges of products 
may be derived from wheat, potatoes, or tapioca.
    The provisions of this rule are applicable to the following 
affected facilities at starch production plants: starch dryers, dextrin 
roasters, and starch transfer, storage, and loading facilities 
(including facilities used to blend, mix, mill, grind, screen, convey, 
transfer, store, or load starch). A starch dryer is the equipment used 
to remove uncombined (free) water from starch slurry through direct or 
indirect heating. A dextrin roaster is a reactor vessel, or a series of 
vessels, in which starch is reacted, through the addition of heat and/
or chemicals, to form the modified starch ``dextrin'' (or 
``polydextrin''). Starch transfer, storage, and loading facilities 
include any facility used to blend, mix, mill, grind, screen, convey, 
transfer, store, or load for shipment (into any container for shipment, 
including, but not limited to, bag, truck, and rail car), dry starch. 
This also includes the bag dumping of dry additives into the starch for 
the purpose of producing modified starches.
    The source category includes those facilities that produce dry 
starch (including modified starches) derived from corn, wheat, 
potatoes, tapioca, or other vegetable source, and facilities drying 
starch extracted from the wastewater at snack food production 
facilities (e.g., potato chips, french fries). The owner or operator of 
any affected facility that commences construction, reconstruction, or 
modification after September 8, 1994 is subject to the requirements of 
this rule.
    There are several types of dryers used at starch production plants, 
including single-pass (also known as one-pass) flash dryers, ring (also 
known as loop) flash dryers, spray dryers, drum dryers, and belt (also 
known as conveyor, tunnel, or apron) dryers. A single-pass (or one-
pass) flash starch dryer is a dryer into which the starch is introduced 
into a vertical drying column using a kicker mill, screen (e.g., 
cascading), or other means to finely disperse the starch in a hot air 
stream. A ring (or loop) flash dryer is a starch dryer similar to a 
single-pass flash starch dryer but with additional ducting in the shape 
of a ring added at the top of the dryer column for the purpose of 
centrifugally classifying the heavier, wet starch granules from the 
lighter, dry starch particles. A spray dryer is a starch dryer in which 
starch slurry is atomized into a vertically oriented, cylindrical 
chamber with a conical base filled with hot air. A drum dryer is a 
starch dryer in which starch is dried as a thin film on the exterior 
surface of a cylindrical drum. A belt (or conveyor, tunnel, or apron) 
dryer is a starch dryer wherein starch is dried on a perforated 
conveyor belt through which heated air is drawn to dry the starch.
    In summary, the proposed standards would prohibit discharge to the 
atmosphere of any stack emissions which contain PM, the only criteria 
pollutant emitted from starch production plants, in excess of:

(a) 45 milligrams per dry standard cubic meter (mg/dscm) [0.02 grains 
per dry standard cubic foot (gr/dscf)] for new, modified, or 
reconstructed ring (or loop) flash dryers;
(b) 25 mg/dscm (0.01 gr/dscf) for new, modified, or reconstructed 
single-pass (or one-pass) flash dryers; and
(c) 10 mg/dscm (0.005 gr/dscf) for new, modified, or reconstructed 
spray dryers, drum dryers, and belt (or conveyor, tunnel, or apron) 
dryers.

    These proposed standards are based on an analysis of the available 
emission test data from the various types of starch dryers.
    In addition, visible emissions from the stacks or vents of new 
dextrin roasters and new starch transfer, storage, and loading 
facilities would be limited to 0 percent opacity, based on a 6-minute 
average. Visible fugitive emissions from new starch transfer, storage, 
and loading facilities would be limited to no visible emissions.
    Affected facilities would also be subject to monitoring and 
recordkeeping requirements and certain restrictions of operating 
parameters in order to ensure continuous compliance. Continuous 
compliance with the PM standard for new starch dryers utilizing dry 
control devices (e.g., fabric filters) would be determined by measuring 
the visible emissions from the stacks and ensuring that emissions were 
less than 3 percent opacity, based on a 6-minute average. Starch dryers 
would be in compliance with the PM standard if the opacity measurements 
were within the specified limit, and other applicable requirements were 
met. Continuous compliance with the PM standard for new starch dryers 
utilizing wet control devices (e.g., wet scrubbers) would be determined 
by monitoring certain operating parameters. Failure to perform the 
monitoring or recordkeeping, or operating outside the specified 
operating parameters, would be considered violations of the standard. 
Monitoring would be performed daily, weekly, or monthly depending on 
the parameter being monitored. These requirements are summarized in 
Tables 1, 2, and 3. The EPA solicits comment on this approach to 
monitoring and determination of compliance with the NSPS.
    Drum dryers and dryers located at snack food processing facilities 
having a manufacturer's listed dry starch capacity of 907 kilograms per 
hour (kg/hr) (2,000 pounds per hour [lb/hr]) or less would be exempt 
from all requirements of the standards, including notification 
requirements, because of the low level of emissions from these dryers. 
Similarly, dextrin roasters, and starch transfer, storage, and loading 
facilities at snack food processing facilities would be exempt from all 
requirements of the standards if the dry starch capacity of any of the 
individual facilities is 454 kg/hr (1,000 lb/hr) or less, because of 
the low level of emissions from these facilities. The EPA solicits 
comment on these proposed exemptions.

                         Table 1.--Summary of Proposed NSPS Requirements--Starch Dryers                         
----------------------------------------------------------------------------------------------------------------
               Parameter                                                Requirement                             
----------------------------------------------------------------------------------------------------------------
Emission limit:                                                                                                 
    Particular matter                                                                                           
    Ring flash dryer....................  0.02 gr/dscf.                                                         
    Single-pass flash dryer.............  0.01 gr/dscf.                                                         
    Spray, drum, or belt dryer..........  0.005 gr/dscf.                                                        
                                                                                                                
               Monitoring:                                          Wet Control Device                          
                                                                                                                
                                          Continuous measurement and recording of pressure drop across, and     
                                           liquid flow rate to, the control device with semiannual calibration. 
                                          Failure to continuously monitor and record the pressure drop and      
                                           liquid flow rate and exceedances of the operating limits will be     
                                           violations of the PM standard.                                       
                                                                                                                
                                                            Dry Control Device or Uncontrolled                  
                                                                                                                
                                          Method 9 opacity observation for 1 18-minute period per week during   
                                           period of dryer operation                                            
                                          Exceedance of 3% opacity will be a violation of the PM standard.      
                                                                                                                
                                                                    All Control Devices                         
                                                                                                                
                                          Implementation of inspection and logging procedure to include some or 
                                           all of (1) daily check to ensure that dust is being removed from the 
                                           system; (2) weekly inspection for proper cleaner functioning and     
                                           cycling; (3) monthly inspection for wear, material buildup, and      
                                           corrosion; (4) logging of broken bags by location to identify        
                                           installation or operational problems; and (5) monthly inspection of  
                                           pressure drop and liquid flow rate devices (as appropriate).         
                                          Failure to inspect and log will be a violation of the PM standard.    
                                                                                                                
               Reporting:                                           Wet Control Device                          
                                                                                                                
                                          Quarterly reports of exceedances (<90% of either pressure drop or     
                                           liquid flow rate established during initial PM compliance test).     
                                                                                                                
                                                            Dry Control Device or Uncontrolled                  
                                                                                                                
                                          Quarterly reports of exceedances (>3% of opacity).                    
                                                                                                                
      Test methods and procedures:                                  Wet Control Device                          
                                                                                                                
                                          Method 5 for PM standard.                                             
                                                                                                                
                                                            Dry Control Device or Uncontrolled                  
                                                                                                                
                                          Method 5 for PM standard.                                             
                                          Method 9 for opacity standard.                                        
----------------------------------------------------------------------------------------------------------------


                       Table 2.--Summary of Proposed NSPS Requirements--Dextrin Roasters                        
----------------------------------------------------------------------------------------------------------------
               Parameter                                               Requirement                              
----------------------------------------------------------------------------------------------------------------
Emission limit:                                                                                                 
    Particulate matter..................  None.                                                                 
    Opacity.............................  0 percent.                                                            
Monitoring..............................  Method 9 opacity observation for 1 18-minute period per week during   
                                           period of roaster operation.                                         
                                          Exceedance of opacity standard will be a violation of the VE standard.
                                                                                                                
                                                      All Dry Control Devices (e.g., Fabric Filters)            
                                                                                                                
                                          Implementation of inspection and logging procedure to include (1)     
                                           daily check to ensure that dust is being removed from the system; (2)
                                           weekly inspection for proper cleaner functioning and cycling; (3)    
                                           monthly inspection for wear, material buildup, and corrosion; and (4)
                                           logging of broken bags by location to identify installation or       
                                           operational problems.                                                
                                          Failure to inspect and log will be a violation of the VE standard.    
                                                                                                                
               Reporting:                                   Dry Control Device or Uncontrolled                  
                                                                                                                
                                          Quarterly reports of exceedances (>0% opacity).                       
                                                                                                                
      Test methods and procedures:                          Dry Control Device or Uncontrolled                  
                                          Method 9 for opacity standard.                                        
----------------------------------------------------------------------------------------------------------------


       Table 3.--Summary of Proposed NSPS Requirements--Starch Transfer, Storage, and Handling Facilities       
----------------------------------------------------------------------------------------------------------------
                Parameter                                               Requirement                             
----------------------------------------------------------------------------------------------------------------
Emission limit:                                                                                                 
    Particulate matter..................  None.                                                                 
    Opacity.............................  0 percent.                                                            
    Visible emissions...................  No visible emissions.                                                 
Monitoring..............................  Method 9 opacity observation of stack or vent for 1 18-minute period  
                                           per week during period of facility operation.                        
                                          Exceedance of opacity standard will be a violation of the VE standard.
                                          Method 22 opacity observation of affected facility for 1 18-minute    
                                           period per week during period of facility operation.                 
                                          Exceedance of the no visible emission standard will be a violation of 
                                           the VE standard.                                                     
                                                                                                                
                                                      All Dry Control Devices (e.g., Fabric Filters)            
                                                                                                                
                                          Implementation of inspection and logging procedure to include (1)     
                                           daily check to ensure that dust is being removed from the system; (2)
                                           weekly inspection for proper cleaner functioning and cycling; (3)    
                                           monthly inspection for wear, material buildup, and corrosion; and (4)
                                           logging of broken bags by location to identify installation or       
                                           operational problems.                                                
                                          Failure to inspect and log will be a violation of the VE standard.    
                                                                                                                
               Reporting:                                   Dry Control Device or Uncontrolled                  
                                                                                                                
                                          Quarterly reports of exceedances (>0% opacity).                       
                                                                                                                
                                                                     Affected Facility                          
                                                                                                                
                                          Quarterly reports of exceedances (any visible emissions).             
                                                                                                                
      Test methods and procedures:                          Dry Control Device or Uncontrolled                  
                                          Method 9 for opacity standard.                                        
                                                                                                                
                                                                     Affected Facility                          
                                                                                                                
                                          Method 22 for visible emission standard.                              
----------------------------------------------------------------------------------------------------------------

    Under Sec. 70.3(b)(3), the Administrator must determine whether to 
exempt nonmajor sources subject to an NSPS proposed after July 21, 1992 
from the requirement to obtain a part 70 permit. This proposed starch 
production plant rule does not exempt such nonmajor sources from the 
part 70 permitting requirements because the number of nonmajor sources 
subject to part 70 permitting requirements is not so great as to cause 
a significant administrative burden on the permitting authority. In 
addition, nonmajor sources at starch production plants are not likely 
to require significant additional technical assistance from permitting 
authorities. The EPA solicits comment on this proposal not to exempt 
these sources from part 70 permitting requirements.

II. Additional Detailed Information

    The proposed regulatory text and detailed evaluation and support to 
this notice (contained in the EPA's ``Rationale for New Source 
Performance Standards: Starch Production Plants'' accompanying the 
proposed rule and this Notice) are not included in this Federal 
Register notice, but are available in Docket No. A-94-18 (docket 
entries II-A-4 and II-A-5, respectively) or copies may be obtained by 
request from the Air and Radiation Docket and Information Center (see 
ADDRESSES). The Rationale Document describes the factual data on which 
the proposed rule is based, the methodology used in obtaining the data 
and in analyzing it, and the major legal interpretations and policy 
considerations in more detail. The Notice, Rationale Document, and 
proposed regulatory language are also available on the TTN, one of 
EPA's electronic bulletin boards (see ADDRESSES). For further 
information about availability of the Rationale Document or Regulatory 
Text, contact the EPA contact person designated earlier in this notice.

III. Public Participation

A. Written Comments

    The EPA seeks full public participation in arriving at its final 
decisions, and strongly encourages comments on all aspects of this 
proposal from all interested parties. Whenever applicable, full 
supporting data and detailed analysis should be submitted to allow EPA 
to make maximum use of the comments. All comments should be directed to 
the Air and Radiation Docket and Information Center, Docket No. A-94-18 
(see ADDRESSES). Comments on this notice must be submitted on or before 
the date specified in DATES.
    Commentors wishing to submit proprietary information for 
consideration should clearly distinguish such information from other 
comments, and clearly label it ``Confidential Business Information'' 
(CBI). Submissions containing such proprietary information should be 
sent directly to the Emission Standards Division CBI Office, U.S. 
Environmental Protection Agency, MD-13, Research Triangle Park, North 
Carolina 27711, with a copy of the cover letter directed to the contact 
person listed above. Confidential business information should not be 
sent to the public docket. Information covered by such a claim of 
confidentiality will be disclosed by EPA only to the extent allowed and 
by the procedures set forth in 40 CFR part 2. If no claim of 
confidentiality accompanies the submission when it is received by EPA, 
it may be made available to the public without further notice to the 
commentor.

B. Public Hearing

    A public hearing will be held, if requested, to discuss the 
proposed standards in accordance with section 307(d)(5) of the Act. 
Persons wishing to make oral presentations on the proposed standards 
should contact the EPA (see ADDRESSES). To provide an opportunity for 
all who may wish to speak, oral presentations will be limited to 15 
minutes each. Any member of the public may file a written statement on 
or before November 7, 1994. Written statements should be addressed to 
the Air and Radiation Docket and Information Center (see ADDRESSES), 
and refer to Docket No. A-94-18. A verbatim transcript of the hearing 
and written statements will be placed in the docket and be available 
for public inspection and copying, or mailed upon request, at the Air 
and Radiation Docket and Information Center (see ADDRESSES).

IV. Statutory Authority

    The statutory authority for this proposal is provided by sections 
101, 111, 114, and 301 of the Clean Air Act, as amended; 42 U.S.C. 
7401, 7411, 7414, and 7601.

V. Administrative Designation and Regulatory Analysis

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the 
EPA must determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB), and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlement, grants, user fees, or loan 
programs, or the rights and obligation of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this rule is not ``significant'' because none of the 
listed criteria apply to this action (see Docket entry II-A-3). 
Consequently, this action was not submitted to OMB for review under 
Executive Order 12866.

VI. Compliance With Regulatory Flexibility Act

    Under section 605 of the Regulatory Flexibility Act of 1980, 5 
U.S.C. 601 et seq., Federal agencies are required to assess the 
economic impact of Federal regulations on small entities. The 
Regulatory Flexibility Act specifies that Federal agencies must prepare 
an initial Regulatory Flexibility Analysis (RFA) if a proposed 
regulation will have a significant economic impact on a substantial 
number of small entities.
    The EPA has projected starch industry growth over the short run, 
and concludes that, with or without promulgation of the NSPS being 
proposed today, no small entity will be constructing, reconstructing, 
or modifying an affected starch facility. The proposed regulation would 
apply to a very small number of starch dryers, dextrin roasters, and 
ancillary starch handling and loading equipment. Therefore, pursuant to 
the provisions of 5 U.S.C. 605(b), the EPA certifies that this proposed 
rule, if promulgated, will not have a significant impact on a 
substantial number of small entities (see Docket entry II-A-3).

VII. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted to the OMB under the requirements of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. An Information collection request 
document has been prepared by the EPA (ICR. No. 1706.01) and a copy may 
be obtained from Sandy Farmer, Information Policy Branch, EPA 2136, 401 
M Street, SW., Washington, DC 20460, or by calling (202) 260-2740.
    Public reporting burden for this collection of information is 
estimated to total approximately 2,413 person-hours per year over the 
first 3 years the standard is in effect. This is an average of 
approximately 90 person-hours per affected facility expected to be 
constructed in this time period. This includes time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Comments regarding the burden estimate or any other aspects of this 
collection of information, including suggestions for reducing this 
burden should be sent to: Chief, Information Policy Branch, EPA 2136, 
401 M Street, SW., Washington, DC 20460 and to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Washington, DC, 20503, marked ``Attention: Desk Officer for EPA.'' 
Responses to any OMB or public comments on the information collection 
requirements contained in this proposal will accompany the final rule.

List of Subjects in 40 CFR Part 60

    Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements, Starch production plants.

    Dated: August 31, 1994.
Jonathan Z. Cannon,
Acting Administrator.
[FR Doc. 94-22136 Filed 9-7-94; 8:45 am]
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