[Federal Register Volume 67, Number 114 (Thursday, June 13, 2002)]
[Rules and Regulations]
[Pages 40814-40818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14758]



[[Page 40813]]

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Part IV





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants From 
Phosphoric Acid Manufacturing Plants and Phosphate Fertilizers 
Production Plants; Final Rule

  Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Rules 
and Regulations  

[[Page 40814]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7229-5]
RIN 2060-AE44


National Emission Standards for Hazardous Air Pollutants From 
Phosphoric Acid Manufacturing Plants and Phosphate Fertilizers 
Production Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendments.

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SUMMARY: The EPA is taking final action to amend the national emission 
standards for hazardous air pollutants (NESHAP) for phosphoric acid 
manufacturing plants and the NESHAP for phosphate fertilizers 
production plants which were promulgated on June 10, 1999 under 
authority of section 112 of the Clean Air Act (CAA). The NESHAP apply 
to owners and operators of phosphoric acid and phosphate fertilizers 
production facilities that are major sources of hazardous air 
pollutants (HAP). The EPA is amending specific provisions in the NESHAP 
to resolve issues and questions raised after promulgation of the final 
rules. The amendments do not significantly change EPA's original 
projections for the environmental benefits, compliance costs, and 
burden on industry, and do not affect the number of affected 
facilities.

EFFECTIVE DATE: June 13, 2002.

ADDRESSES: Docket No. A-94-02, containing information relevant to the 
final rule amendments, is available for public inspection between 8 
a.m. and 5:30 p.m., Monday through Friday (except for Federal holidays) 
at the following address: Air and Radiation Docket and Information 
Center (6102), U.S. EPA, 401 M Street, SW., Room 1500, Washington, DC 
20460 or by phoning the Air Docket Office at (202) 260-7548. Refer to 
Docket No. A-94-02. The Docket Office may charge a reasonable fee for 
copying docket materials.

FOR FURTHER INFORMATION CONTACT: Mr. Keith Barnett, Minerals and 
Inorganic Chemicals Group, Emission Standards Division (MC-C504-05), 
U.S. EPA, Research Triangle Park, North Carolina 27709, telephone 
number (919) 541-5605, facsimile number (919) 541-5600, electronic mail 
(e-mail) address: [email protected].

SUPPLEMENTARY INFORMATION: Docket. The docket is an organized and 
complete file of all the information considered by EPA in the 
development of the final 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. The 
docket number for the rulemaking is A-94-02.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this action will also be available through the 
WWW. Following signature, a copy of this action will be posted on 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. Today's action applies to process components at 
new and existing phosphoric acid manufacturing plants and phosphate 
fertilizers production plants. Regulated categories and entities 
include:

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                Source category                     SIC        NAICS          Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industrial.....................................       2874       325314  Phosphoric acid manufacturing
                                                                          facilities (wet process phosphoric
                                                                          acid process line, superphosphoric
                                                                          acid process line, phosphate rock
                                                                          dryer, phosphate rock calciner,
                                                                          purified phosphoric acid process
                                                                          line).
Industrial.....................................       2874       325314  Phosphate fertilizers production
                                                                          (diammonium and/or monoammonium
                                                                          phosphate process line, granular
                                                                          triple superphosphate process line,
                                                                          granular triple superphosphate storage
                                                                          building).
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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 of the rules. 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.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of the final rule is available only by filing a petition for 
review in the U.S. Court of Appeals for the District of Columbia 
Circuit by August 12, 2002. Under section 307(d)(7)(B) of the CAA, only 
an objection to a rule or procedure raised with reasonable specificity 
during the period for public comment can be raised during judicial 
review. Moreover, under section 307(b)(2) of the CAA, the requirements 
established by the final rule may not be challenged separately in any 
civil or criminal proceeding brought to enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
II. Amendments Specific to Subpart AA--National Emission Standards 
for Hazardous Air Pollutants From Phosphoric Acid Manufacturing 
Plants
III. Amendments to Both Subpart AA--National Emission Standards for 
Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants 
and Subpart BB--National Emission Standards for Hazardous Air 
Pollutants From Phosphate Fertilizers Production Plants
IV. Administrative Requirements
    A. Executive Order 12866, Regulatory Planning and Review
    B. Executive Order 13132, Federalism
    C. Executive Order 13175, Consultation and Coordination with 
Indian Tribal Governments
    D. Executive Order 13045, Protection of Children from 
Environmental Health Risks and Safety Risks
    E. Executive Order 13211, Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use
    F. Unfunded Mandates Reform Act of 1995
    G. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 
et seq.
    H. Paperwork Reduction Act
    I. National Technology Transfer and Advancement Act of 1995
    J. Congressional Review Act

[[Page 40815]]

I. Background

    The EPA promulgated NESHAP for Phosphoric Acid Manufacturing Plants 
and Phosphate Fertilizers Production Plants on June 10, 1999 (64 FR 
31358). The NESHAP established standards to control HAP emissions from 
facilities producing phosphoric acid and phosphate fertilizers.
    On August 4, 1999, The Fertilizer Institute (TFI) filed a petition 
for judicial review of the NESHAP, as provided for in CAA section 
307(b), with respect to certain provisions regarding emissions 
standards for phosphate rock calciners, monitoring requirements in 
general, and applicability of the general provisions. On November 3, 
1999, TFI filed an administrative petition for reconsideration raising 
these and other issues, and subsequently submitted supplementary 
materials in support of its petition.
    On December 17, 2001 (66 FR 65072), we published a direct final 
rule with a parallel proposal that amended several sections of the 
final rule including the particulate matter (PM) emissions standards 
for existing phosphate rock calciners (regulating PM as a surrogate for 
HAP metals). We received an adverse comment on the revised PM emissions 
standards for existing sources and subsequently withdrew the direct 
final rule. In the final rule amendments, we are responding to the 
adverse comment and finalizing the phosphate rock calciner PM emissions 
standards proposed on December 17, 2001 (66 FR 65079). In addition, we 
are correcting two errors found in the operating requirements in 
Secs. 63.604 and 63.624 of the final rule.

II. Amendments Specific to Subpart AA--National Emissions Standards for 
Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants

    The EPA is amending 40 CFR part 63, subpart AA, to revise the 
emissions limit for existing phosphate rock calciners. The EPA 
promulgated standards for phosphate rock calciners based on performance 
of the floor technology which was identical wet scrubbing technology 
installed on six identical calciners at one facility, plus data from a 
calciner with wet scrubbers at a second facility. The promulgated 
standard under 40 CFR 63.602 for existing calciners of 0.1380 grams per 
dry standard cubic meter (g/dscm) (0.060 grains per dry standard cubic 
foot (gr/dscf)) was based on emissions data for the floor technology 
which was available to EPA at that time.
    Subsequent to receiving TFI's petition for reconsideration, we 
determined that the phosphate rock calciner at the second facility had 
been shutdown. Also, additional emissions and operating data from 
compliance tests of the six wet scrubbers installed at the same 
facility were submitted to EPA. Those data covered an 11-year period 
from 1991 to 2001.
    The results of those data ranged from 0.060 to 0.22 g/dscm (0.026 
to 0.097 gr/dscf). However, the petitioner indicated that the oldest 2 
years of data would not be indicative of current operation. If those 2 
years are excluded, the range of the data is 0.06 to 0.182 g/dscm 
(0.026 to 0.079 gr/dscf).
    The comment we received on the proposed rule stated that EPA should 
not use information from all six calciners in revising the emission 
limit for existing sources. The commentor stated that all wet scrubbers 
are not identical and listed several operating parameters including 
pressure drop, liquid flow rate, and mist eliminator design. They 
stated that, therefore, the inability of one of the six calciners to 
meet the existing standard does not affect the ability of other better 
designed scrubbers to meet the standard. The commentor also mentioned 
that differences in the manufacturing process can affect the amount of 
particulate entering the control device. Finally, they stated that EPA 
has disregarded the finding of Cement Kiln Recycling Coalition V. EPA , 
255 F.3d 855 (D.C. Cir. 2001) that ``floors reflect what the best 
performers actually achieve''.
    We believe that the final rule amendments are consistent with the 
holding of Cement Kiln Recycling Coalition. In that case, the court 
considered a challenge to the Agency's practice of looking at sources 
outside the group of best performing sources to determine the 
variability of the best performers. The court held that, where factors 
other than the control technology affected the emissions level, such 
practice was not consistent with CAA section 112(d) because it failed 
to reflect a reasonable estimate of the emissions level of the best 
performing sources (255 F.3d at 866). The court noted that the Agency's 
practice may, however, comply with the statute where the record 
demonstrates ``that MACT technology significantly controls emissions, 
or that factors other than the control technology have a negligible 
effect.'' (Id.)
    That is the case here. The record demonstrates that the wet 
scrubbing MACT technology selected for phosphate calciners 
significantly controls emissions and that factors other than control 
technology have a negligible effect. The MACT floor for categories with 
less than 30 sources is the average of the top performing five. 
However, we could find no basis to distinguish any reason that those 
six sources, which are located at the same facility, are not identical, 
with the only difference in emissions being due to normal process 
variation that is beyond the control of the facility.
    All six calciners were designed to be identical. The phosphate rock 
inputs come from a common source. All six use the same fuel and have 
identical fuel systems. One operator runs four calciners, and one runs 
the other two. All operators receive the same training. The scrubbers 
have the same venturi pressure drop, liquid flow rates, and gas/liquid 
separation sections. Because factors other than the MACT technology do 
not affect emissions levels, consideration of data from all six sources 
to determine the variability experienced by the best performers is 
consistent with Cement Kiln Recycling Association and the requirements 
of section 112(d).\1\
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    \1\ It should also be noted that the decision to exclude the 
data from the calciner that was recently shut down would not change 
the outcome of the floor determination.
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    As discussed above, the data from the six facilities covered a 
range of 0.060 to 0.181 g/dscm (0.026 to 0.079 gr/dscf), which exceeds 
the promulgated standards.\2\ Therefore, we are changing the emission 
standard under 40 CFR 63.602 for existing calciners to 0.184 g/dscm 
(0.080 gr/dscf).
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    \2\ The commenter also stated that if EPA accepts data after the 
close of the public comment period, it must consider newer data from 
other plants. As noted above, EPA has all of the available data for 
the existing phosphate calciners.
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III. Amendments to Both Subpart AA--National Emission Standards for 
Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants and 
Subpart BB--National Emission Standards for Hazardous Air Pollutants 
From Phosphate Fertilizers Production Plants

    The EPA is amending the sections on operating requirements in 40 
CFR part 63, subparts AA and BB.
    In the final rule published on June 10, 1999 (64 FR 31358), we made 
a number of changes to the monitoring requirements in Secs. 63.604 and 
63.624 of the proposed rule. We created new Secs. 63.604 and 63.624 
titled operating requirements and moved the monitoring requirements to 
Secs. 63.605 and 63.625. In the final versions of Secs. 63.604 and 
63.624, we stated that the owner/

[[Page 40816]]

operator must maintain the 3-hour averages of the pressure drop across 
each wet scrubber and the liquid flow rate to each scrubber within the 
allowable ranges established during the performance test.
    However, in the final version of Secs. 63.605 and 63.625 
(monitoring requirements), we consistently refer to daily averages, not 
3-hour averages. The discussion in the preamble of the final rule 
stated that our intent was that any exceedance of the operating range 
averages over 24 hours is a violation of the operating requirement. 
Based on that, our intent was to require that facilities maintain the 
averages of the pressure drop across each wet scrubber and the liquid 
flow rate to each scrubber within the allowable ranges established 
during the performance test on a daily average basis, not a 3-hour 
basis. Therefore, the reference to 3-hour averages in Secs. 63.604 and 
63.624 of the final rule was an error. In the final rule amendments, we 
are correcting Secs. 63.604 and 63.624 to reflect our original intent 
by changing ``3-hour average'' to ``daily average.''

IV. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

    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 Executive 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 entitlements, grants, 
user fees, or loan programs, or the rights and obligations 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 the amendments do not constitute a ``significant 
regulatory action'' because they do not meet any of the above criteria. 
Consequently, the final rule amendments were not submitted to OMB for 
review under Executive Order 12866.

B. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (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.''
    The final rule amendments do 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. The final rule 
amendments will not impose directly enforceable requirements on States, 
nor would they preempt them from adopting their own more stringent 
programs to control emissions. Thus, Executive Order 13132 does not 
apply to the final rule amendments.

C. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' The final rule amendments do 
not have tribal implications, as specified in Executive Order 13175. No 
tribal governments are known to own or operate phosphoric acid 
manufacturing facilities or phosphate fertilizers production 
facilities. Thus, Executive Order 13175 does not apply to the final 
rule amendments.

D. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the EPA must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by EPA.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. The final rule amendments 
are not subject to Executive Order 13045 because they are based on 
technology performance, not health or safety risks. Furthermore, the 
final rule amendments have been determined not to be ``economically 
significant'' as defined under Executive Order 12866.

E. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy, Supply, Distribution, or Use

    The final rule amendments are not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 Fed. Reg. 28355 (May 22, 2001)) 
because it is not a significant regulatory action under Executive Order 
12866.

F. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any 1 year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires EPA to identify and consider a reasonable number of regulatory 
alternatives and adopt the least-costly, most cost-effective, or least 
burdensome alternative that achieves the objectives of the rule. The 
provisions of section 205 do not apply when they are inconsistent with 
applicable law. Moreover, section 205 allows EPA to adopt an 
alternative other than the least-

[[Page 40817]]

costly, most cost-effective, or least-burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed, 
under section 203 of the UMRA, a small government agency plan. The plan 
must provide for notifying potentially affected small governments, 
enabling officials of affected small governments to have meaningful and 
timely input in the development of EPA regulatory proposals with 
significant Federal intergovernmental mandates, and informing, 
educating, and advising small governments on compliance with the 
regulatory requirements.
    Because today's amendments do not add new requirements or costs, 
the EPA has determined that the final rule amendments do 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 1 year. Thus, the final rule amendments are not 
subject to the requirements of sections 202 and 205 of the UMRA. In 
addition, the EPA has determined that the final rule amendments contain 
no regulatory requirements that might significantly or uniquely affect 
small governments because they contain no regulatory requirements that 
apply to such governments or impose obligations upon them. Therefore, 
today's final rule amendments are not subject to the requirements of 
section 203 of the UMRA.

G. Regulatory Flexibility Act, 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.
    For purposes of assessing the impacts of the final rule amendments 
on small entities, the EPA found that 2 of the 21 firms that 
potentially could be subject to the standards are small firms. Of the 
two, data indicate that one is an area source which would not be 
covered by the standards. The second source could be major and subject 
to the requirements of the standards. Information available to EPA 
shows, however, that the second source is able to achieve the control 
levels associated with the promulgated rules using existing equipment. 
The second source would not be significantly impacted by the final rule 
amendments because it clarifies and makes corrections to the 
promulgated rules but imposes no additional regulatory requirements.
    Because today's final rule amendments impose no additional 
regulatory requirements on owners or operators of phosphoric acid 
manufacturing plants or phosphate fertilizers production plants, the 
EPA has concluded that this action will not have a significant economic 
impact on a substantial number of small entities.

H. Paperwork Reduction Act

    The OMB has approved the information collection requirements 
contained in the phosphoric acid manufacturing and phosphate 
fertilizers production NESHAP under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB Control No. 
2060-0361. An Information Collection Request (ICR) document has been 
prepared by EPA, and a copy may be obtained from Susan Auby by mail at 
U.S. EPA, Office of Environmental Information, Collection Strategies 
Division (2822T), 1200 Pennsylvania Avenue, NW, Washington DC 20460, by 
e-mail at [email protected], or by calling (202) 566-1672.
    The amendments contained in this final rule will have no net impact 
on the information collection burden estimates made previously. 
Consequently, the ICR has not been revised.

I. National Technology Transfer and Advancement Act of 1995

    As noted in the proposed rule, section 12(d) of the National 
Technology Transfer and Advancement Act (NTTAA) of 1995, Public Law 
104-113 (March 7, 1996), directs all Federal agencies to use voluntary 
consensus standards instead of government-unique standards in their 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., material specifications, test methods, 
sampling procedures, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through annual reports to OMB, with explanations when EPA 
does not use available and applicable voluntary consensus standards.
    The final rule amendments do not involve the use of any new 
technical standards. Accordingly, the NTTAA requirement to use 
applicable voluntary consensus standards does not apply to the final 
rule amendments.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the SBREFA of 1996, generally provides that before a rule may take 
effect, the agency adopting 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. The EPA will submit a report 
containing the final rule amendments and other required information to 
the United States Senate, the United States 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. Today's action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 63

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

    Dated: June 5, 2002.
Christine Todd Whitman,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is amended to read as follows:

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart AA--[Amended]

    2. Section 63.602 is amended by revising paragraph (d) to read as 
follows:


Sec. 63.602  Standards for existing sources.

* * * * *
    (d) Phosphate rock calciner. On or after the date on which the 
performance test required to be conducted by Secs. 63.7 and 63.606 is 
required to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected source any gases which contain particulate 
matter in excess of 0.1810 gram per dry standard cubic

[[Page 40818]]

meter (g/dscm) (0.080 grains per dry standard cubic foot (gr/dscf)).
* * * * *

    3. Section 63.604 is revised to read as follows:


Sec. 63.604  Operating requirements.

    On or after the date on which the performance test required to be 
conducted by Secs. 63.7 and 63.606 is required to be completed, the 
owner/operator using a wet scrubbing emission control system must 
maintain daily averages of the pressure drop across each scrubber and 
of the flow rate of the scrubbing liquid to each scrubber within the 
allowable ranges established pursuant to the requirements of 
Sec. 63.605(d)(1) or (2).

Subpart BB--[Amended]

    4. Section 63.624 is revised to read as follows:


Sec. 63.624  Operating requirements.

    On or after the date on which the performance test required to be 
conducted by Secs. 63.7 and 63.626 is required to be completed, the 
owner/operator using a wet scrubbing emission control system must 
maintain daily averages of the pressure drop across each scrubber and 
of the flow rate of the scrubbing liquid to each scrubber within the 
allowable ranges established pursuant to the requirements of 
Sec. 63.625(f)(1) or (2).

[FR Doc. 02-14758 Filed 6-12-02; 8:45 am]
BILLING CODE 6560-50-P