[Federal Register Volume 67, Number 66 (Friday, April 5, 2002)]
[Proposed Rules]
[Pages 16625-16626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8162]



  Federal Register / Vol. 67, No. 66 / Friday, April 5, 2002 / Proposed 
Rules  

[[Page 16625]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7168-2]
RIN 2060-AE78


National Emission Standards for Hazardous Air Pollutants From the 
Portland Cement Manufacturing Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: The EPA is proposing targeted amendments to the national 
emission standards for the portland cement manufacturing industry 
promulgated on June 14, 1999 under the authority of section 112 of the 
Clean Air Act (CAA). This action proposes improvements for 
implementation of the emission standards, primarily in the areas of 
applicability, testing, and monitoring to resolve issues and questions 
raised since promulgation of the rule.
    In the Rules and Regulations section of this Federal Register, we 
are making these amendments in a direct final rule, without prior 
proposal, because we view these revisions as noncontroversial, and we 
anticipate no adverse comments. We have explained our reasons for these 
revisions 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 publish 
a timely withdrawal of the direct final rule in the Federal Register. 
All public comments will be addressed in a subsequent final rule based 
on this proposed rule. We will not institute a second commenter period 
on that subsequent final rule. Any parties interested in commenting 
must do so at this time.

DATES: Comments. Written comments must be received by May 6, 2002, 
unless a hearing is requested by April 15, 2002. If a hearing is 
requested, written comments must be received by May 20, 2002.
    Public Hearing. If anyone contacts the EPA 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, send comments (in 
duplicate, if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention: Docket Number A-92-53, U.S. EPA, 1200 
Pennsylvania Avenue, NW, Washington, DC 20460. In person or by courier, 
deliver comments (in duplicate if possible) to: Air and Radiation 
Docket and Information Center (6102), Attention: Docket A-92-53, Room 
M-1500, U.S. EPA, 401 M Street SW, Washington, DC 20460. The Agency 
requests that a separate copy also be sent to the contact person listed 
below. Comments may also be submitted electronically by following the 
instructions provided in SUPPLEMENTARY INFORMATION:
    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 at 10:30 a.m.
    Docket. Docket No. A-92-53 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 a.m. to 5:30 p.m., Monday through 
Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph Wood, P.E., Minerals and 
Inorganic Chemicals Group, Emission Standards Division (C504-05), 
Office of Air Quality Planning and Standards, U.S. EPA, Research 
Triangle Park, North Carolina 27711, telephone number (919) 541-5446, 
facsimile number (919) 541-5600, electronic mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: 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-92-53. 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, MC-
C404-02, Attn: Mr. Joseph Wood, U.S. EPA, Research Triangle Park, North 
Carolina 27711. 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.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
Tanya Medley, Minerals and Inorganic Chemicals Group (C504-05), U.S. 
EPA, Research Triangle Park, North Carolina 27711, 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.
    Docket. The docket is an organized and complete file of all the 
information considered by the EPA in the development of this 
rulemaking. The docket is a dynamic file because material is added 
throughout the rulemaking process. The docketing system is intended to 
allow members of the public and industries involved to readily identify 
and locate documents so that they 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.) 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. A reasonable fee may be 
charged for copying docket materials.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposed rule will also be available through 
the WWW. Following signature, a copy of this action will be posted on 
the EPA's Technology Transfer Network (TTN) policy and guidance page 
for newly proposed or promulgated rules: http://www.epa.gov/ttn/oarpg. 
The TTN at EPA's web site provides information and technology exchange 
in various areas of air pollution control. If more information 
regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.
    Regulated Entities. Entities potentially regulated by this action 
are those that manufacture portland cement. Regulated categories and 
entities include:

[[Page 16626]]



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                                                          Examples of
            Category               NAICS       SIC         regulated
                                                            entities
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Industry.......................      32731       3241  Owners or
                                                        operators of
                                                        portland cement
                                                        manufacturing
                                                        plants.
State..........................      32731       3241  Owners or
                                                        operators of
                                                        portland cement
                                                        manufacturing
                                                        plants.
Tribal associations............      32731       3241  Owners or
                                                        operators of
                                                        portland cement
                                                        manufacturing
                                                        plants.
Federal agencies...............       None       None  None.
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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. This table lists the types of entities that the EPA is now 
aware could potentially be regulated by this action. To determine 
whether your facility, company, business organization, etc. is 
regulated by this action, you should carefully examine the 
applicability criteria in Sec. 63.1340 of the rule. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.
    Direct Final Rule. A direct final rule identical to this proposal 
is published in the Rules and Regulations section of this Federal 
Register. If we receive relevant adverse comment on one or more 
distinct amendments in this proposal, we will publish a timely notice 
in the Federal Register informing the public which provisions will 
become effective and which provisions are being withdrawn due to 
adverse comment. We will address all public comments in a subsequent 
final rule. If no relevant adverse comments are received, no further 
action will be taken on this proposal and the direct final rule 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.

What Are the Administrative Requirements for This Action?

    For information regarding other administrative requirements for 
this action, please see the direct final rule action that is located 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.
    We have determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this proposed rule. The purpose 
of the proposed amendments is to clarify the rule and, therefore, will 
not impose new requirements or compliance costs on industry. Therefore, 
I certify that this action will not have a significant economic impact 
on a substantial number of small entities.
    Although the proposed amendments will not have a significant impact 
on a substantial number of small entities, we worked with the portland 
cement industry, including small entities, throughout the rulemaking 
process. Meetings were held on a regular basis with industry 
representatives to discuss the development of the proposed amendments 
in connection with the settlement agreement, exchange information, and 
solicit comments on the proposed requirements.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Reporting and recordkeeping requirements.

    Dated: March 28, 2002.
Christine Todd Whitman,
Administrator.
[FR Doc. 02-8162 Filed 4-4-02; 8:45 am]
BILLING CODE 6560-50-P