[Federal Register Volume 69, Number 169 (Wednesday, September 1, 2004)]
[Proposed Rules]
[Pages 53380-53382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19920]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2004-0006, FRL-7808-3]
RIN 2060-AK32


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: On April 12, 2001 (66 FR 19006), the EPA issued national 
emission standards for hazardous air pollutants (NESHAP) for solvent 
extraction for vegetable oil production under section 112(d) of the 
Clean Air Act (CAA). This action would amend the compliance 
requirements for vegetable oil production processes that exclusively 
use a qualifying low-HAP extraction solvent. The amendments are being 
made to require only the necessary recordkeeping and reporting 
requirements for facilities using the low-HAP extraction solvent 
compliance option.
    In the Rules and Regulations section of this Federal Register, we 
are taking direct final action on the proposed amendments because we 
view the amendments as noncontroversial and anticipate no adverse 
comments. We have explained our reasons for the amendments in the 
direct final rule. If we receive no significant adverse comments, we 
will take no further action on the proposed amendments. If we receive 
significant adverse comments, we will withdraw only those provisions on 
which we received significant 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will become effective and which provisions are being withdrawn.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 
today's Federal Register is withdrawn, all comments pertaining to those 
provisions will be addressed in a subsequent final rule based on the 
proposed amendments. We will not institute a second comment period on 
the subsequent final action. Any parties interested in commenting must 
do so at this time.

DATES: Written comments must be received on or before October 1, 2004, 
unless a hearing is requested by September 13, 2004. If a timely 
hearing request is submitted, we must receive written comments on or 
before October 18, 2004.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
OAR-2004-0006, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment systems, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected]
     Fax: 202-566-1741
     Mail: (in duplicate, if possible) to Air and Radiation 
Docket, Environmental Protection Agency, Mailcode: 6102T, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460.
     Hand Delivery: (in duplicate, if possible) to: Air and 
Radiation Docket, Attention Docket ID Number OAR-2004-0006, U.S. EPA, 
1301 Constitution Avenue, NW., Room B-108, Washington, DC 20460. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    We request that a separate copy also be sent to the contact person 
listed below (see FOR FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. OAR-2004-0006. 
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.epa.gov/edocket, 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 EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov websites are 
``anonymous access'' systems, 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 EDOCKET or 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. For additional information about EPA's public 
docket visit EDOCKET on-line or see the Federal Register of May 31, 
2002 (67 FR 38102). For additional instructions on submitting comments, 
go to the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy

[[Page 53381]]

form. Publicly available docket materials are available either 
electronically in EDOCKET or in hard copy at the Docket, EPA/DC, EPA 
West, Room B-102, 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. A reasonable fee may be charged for 
copying docket materials. The telephone number for the Public Reading 
Room is (202) 566-1744, and the telephone number for the Air and 
Radiation Docket is (202) 566-1742.
    Public Hearing. If a public hearing is held, it will be held at 10 
a.m. at the EPA facility complex in Research Triangle Park, North 
Carolina or at an alternate site nearby.

FOR FURTHER INFORMATION CONTACT: Mr. Greg Nizich, U.S. EPA, Waste and 
Chemical Processes Group (C439-03), Emission Standards Division, Office 
of Air Quality Planning and Standards, Research Triangle Park, North 
Carolina 27711, telephone number (919) 541-3078, facsimile number (919) 
541-3207, electronic mail address: [email protected]. Questions 
regarding the applicability of this action to a particular entity 
should be directed to the appropriate EPA Regional Office 
representative.

SUPPLEMENTARY INFORMATION: 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 those listed in the following table:

------------------------------------------------------------------------
                                                          Examples of
            Category              SIC code    NAICS        regulated
                                                            entities
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Industry.......................       2074     311223  Cottonseed oil
                                                        mills.
                                      2075     311222  Soybean oil
                                                        mills.
                                      2076     311223  Other vegetable
                                                        oil mills,
                                                        excluding
                                                        soybeans and
                                                        cottonseed
                                                        mills.
                                      2079     311223  Other vegetable
                                                        oil mills,
                                                        excluding
                                                        soybeans and
                                                        cottonseed
                                                        mills.
                                      2048     311119  Prepared feeds
                                                        and feed
                                                        ingredients for
                                                        animals and
                                                        fowls, excluding
                                                        dogs and cats.
                                      2041     311211  Flour and other
                                                        grain mill
                                                        product mills.
                                      2046     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 40 CFR part 63, 
subpart GGGG. If you have any questions regarding the applicability of 
this action to a particular entity, consult the individual described in 
the preceding FOR FURTHER INFORMATION CONTACT section.
    Submitting Comments Containing CBI. Do not submit this information 
to EPA through EDOCKET, regulations.gov or e-mail. Clearly mark the 
part or all of the information that you claim to be CBI. (For CBI 
information in a disk or CD ROM that you mail to EPA, mark the outside 
of the disk or CD ROM as CBI and then identify electronically within 
the disk or CD ROM the specific information that is claimed as CBI). In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.
    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.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
Willie Russell, Waste and Chemical Processes Group, Emissions Standards 
Division, (C439-04), Research Triangle Park, NC 27711, telephone number 
(919) 541-5034, at least 2 days in advance of the potential date of the 
public hearing. Persons interested in attending the public hearing must 
also call Ms. Russell 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 emissions standards.
    Direct Final Rule. A direct final rule identical to the proposal is 
published in the Rules and Regulations section of today's Federal 
Register. If we receive any significant adverse comment pertaining to 
the amendments in the proposal, we will publish a timely notice in the 
Federal Register informing the public that the amendments are being 
withdrawn due to adverse comment. We will address all public comments 
concerning the withdrawn amendments in a subsequent final rule. If no 
relevant adverse comments are received, no further action will be taken 
on the proposal and the direct final rule will become effective as 
provided in that notice.

[[Page 53382]]

    The regulatory text for this proposal is identical to that for the 
direct final rule published in the Rules and Regulations section of 
today's Federal Register. For further supplementary information, see 
the direct final rule.
    Statutory and Executive Order Reviews. The Regulatory Flexibility 
Act (RFA), as amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et seq., 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 today's proposed rule 
amendments on small entities, a small entity is defined as: (1) A small 
business whose parent company has fewer than 750 employees; (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; or (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    We believe there will be little or no impact on small entities 
because the purpose of today's proposed amendments is to simplify the 
rule by limiting the recordkeeping and reporting requirements for 
facilities utilizing a low-HAP extraction solvent exclusively in the 
vegetable oil production process. The Administrator certifies 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 located in the Rules and 
Regulations section of today's Federal Register.

List of Subjects in 40 CFR Part 63

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

    Dated: August 25, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-19920 Filed 8-31-04; 8:45 am]
BILLING CODE 6560-50-P