[Federal Register Volume 67, Number 66 (Friday, April 5, 2002)]
[Proposed Rules]
[Pages 16343-16345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5863]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7156-1]


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: We are proposing to amend the national emission standards for 
hazardous air pollutants (NESHAP) for solvent extraction for vegetable 
oil production plants, which were promulgated on April 12, 2001 (66 FR 
19006) under the authority of section 112 of the Clean Air Act (CAA). 
These amendments would clarify the startup, shutdown and malfunction 
requirements for owners and operators of sources subject to the 
Vegetable Oil Production NESHAP. These amendments would also clarify 
the applicability of the NESHAP General Provisions.
    In the Rules and Regulations section of this Federal Register, we 
are taking direct final action on the proposed amendments, because we 
view these actions as noncontroversial, and we anticipate no adverse 
comments. We have explained our reasons for these actions in the 
preamble to the direct final rule.
    If we receive no adverse comments, we will take no further action 
on this proposed rule. If we receive adverse comments, we will withdraw 
only those provisions on which we received 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withdrawn.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Regulations section of this Federal Register is withdrawn, all public 
comments pertaining to those provisions will be addressed in a 
subsequent final rule based on this proposed rule. We will not 
institute a second comment period on that subsequent final rule. If you 
are interested in commenting, you must do so at this time.

[[Page 16344]]


DATES: Comments. We must receive written comments by May 6, 2002, 
unless a hearing is requested by April 15, 2002. If a hearing is 
requested, we must receive written comments by May 20, 2002.
    Public Hearing. If anyone contacts us requesting to speak at a 
public hearing by April 15, 2002, a public hearing will be held on 
April 19, 2002.

ADDRESSES: Comments. By U.S. Postal Service, submit written comments 
(in duplicate, if possible) to: Air and Radiation Docket and 
Information Center (6102), Attention Docket number A-97-59, U.S. EPA, 
1200 Pennsylvania Ave., NW, Washington, DC 20460. In person or by 
courier, submit comments (in duplicate, if possible) to: Air and 
Radiation Docket and Information Center (6102), Attention Docket Number 
A-97-59, Room M-1500, U.S. EPA, 401 M Street, SW., Washington DC 20460. 
We request that a separate copy of each public comment also be sent to 
the contact person listed below (see FOR FURTHER INFORMATION CONTACT).
    Docket. Docket No. A-97-59 contains supporting information used in 
developing the NESHAP. The docket is located at the U.S. EPA, 401 M 
Street, SW., Washington, DC 20460, in Room M-1500, Waterside Mall 
(ground floor), and may be inspected from 8:00 a.m. to 5:30 p.m., 
Monday through Friday, excluding legal holidays.
    Public Hearing. If a public hearing is held, it will be held at the 
EPA's Office of Administration Auditorium, 109 TW Alexander Drive, 
Research Triangle Park, North Carolina, at 10:30 a.m.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, Minerals and 
Inorganic Chemicals Group (C504-05), Emission Standards Division, U.S. 
EPA, Research Triangle Park, NC 27711, telephone number (919) 541-5262, 
electronic mail (e-mail): [email protected].

SUPPLEMENTARY INFORMATION: A direct final rule identical to this 
proposal is published in the Rules and Regulations section of this 
Federal Register. If relevant adverse comments are received on this 
proposal, the direct final rule will be withdrawn and the comments will 
be addressed in a subsequent final rule. If relevant adverse comments 
are received only on a discrete portion of the rule, we will consider 
withdrawing only that portion of the rule. If no relevant adverse 
comments are received, no further action will be taken on this proposal 
and the direct final will become effective as provided in that notice.
    The regulatory text for this proposal is identical to that for the 
direct final rule published in the Rules and Regulations section of 
this Federal Register. For further supplementary information, see the 
direct final rule.

Comments

    Comments and data may be submitted by e-mail to: [email protected]. Electronic comments must be submitted as an ASCII file 
to avoid the use of special characters and encryption problems and will 
also be accepted on disks in WordPerfect format. All comments and data 
submitted in electronic form must note the docket number A-97-59. No 
confidential business information (CBI) should be submitted by e-mail. 
Electronic comments may be filed online at many Federal Depository 
Libraries.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
proprietary information directly to the following address, and not to 
the public docket, to ensure that proprietary information is not 
inadvertently placed in the docket: OAQPS Document Control Officer, 
(C404-02), Attn: Mr. Rick Colyer, U.S. EPA, Research Triangle Park, NC 
27709. The EPA will disclose information identified as CBI only to the 
extent allowed by the procedures set forth in 40 CFR part 2. If no 
claim of confidentiality accompanies a submission when it is received 
by EPA, the information may be made available to the public without 
further notice to the commenter.

Docket

    The docket is an organized and complete file of all the information 
we considered in developing this rulemaking. The docket is a dynamic 
file because material is added throughout the rulemaking process. The 
docketing system is intended to help you to readily identify and locate 
documents so that you can effectively participate in the rulemaking 
process. Along with the proposed and promulgated rules and their 
preambles, the contents of the docket will serve as the record in the 
case of judicial review. (See section 307(d)(7)(A)) of the CAA.) You 
may obtain the regulatory text and other materials related to this 
rulemaking are available for review in the docket or copies may be 
mailed on request from the Air Docket by calling (202) 260-7548. We may 
charge a reasonable fee for copying docket materials. You may also 
obtain docket indexes by facsimile, as described on the Office of Air 
and Radiation, Docket and Information Center Website at http://www.epa.gov/airprogm/oar/docket/faxlist.html.

Public Hearing

    Persons interested in presenting oral testimony or inquiring as to 
whether a hearing is to be held should contact Ms. Tanya Medley, U.S. 
EPA, (C504-05), Research Triangle Park, NC 27709, telephone (919) 541-
5422, at least 2 days in advance of the public hearing. Persons 
interested in attending the public hearing must also call Ms. Tanya 
Medley 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 amendments.

Worldwide Web

    In addition to being available in the docket, an electronic copy of 
this proposed rule will also be available through the Worldwide Web 
(WWW). Following signature, a copy of the rule will be posted on the 
EPA's Technology Transfer Network (TTN) policy and guidance page for 
newly proposed or promulgated rules at 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.

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:

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                                                  Examples of regulated
             Category                 NAICS             entities
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Industry.........................       311223  Cottonseed oil mills.
                                        311222  Soybean oil mills.
                                        311223  Other vegetable oil
                                                 mills, excluding
                                                 soybeans and cottonseed
                                                 mills.

[[Page 16345]]

 
                                        311223  Other vegetable oil
                                                 mills, excluding
                                                 soybeans and cottonseed
                                                 mills.
                                        311119  Prepared feeds and feed
                                                 ingredients for animals
                                                 and fowls, excluding
                                                 dogs and cats.
                                        311211  Flour and other grain
                                                 mill product mills.
                                        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 Sec. 63.2832 of the 
rule. If you have any questions regarding the applicability of these 
amendments to a particular entity, consult the appropriate EPA Regional 
Office representative.

What Are the Administrative Requirements for This Action?

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations section of this Federal Register.

Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The 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.
    Because the proposed rule amendments will not impose additional 
regulatory requirements on owners or operators of solvent extraction 
for vegetable oil production plants, I certify 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 action that is located in 
the Rules and Regulation section for this Federal Register publication.

List of Subjects in 40 CFR Part 63

    Administrative practice and procedure, Air pollution control, 
Hazardous substances, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: March 5, 2002.
Christine Todd Whitman,
Administrator.
[FR Doc. 02-5863 Filed 4-4-02; 8:45 am]
BILLING CODE 6560-50-P