[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Proposed Rules]
[Pages 42030-42033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17710]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0080; FRL-9176-6]
RIN 2060-AQ26


Amendments to National Emission Standards for Hazardous Air 
Pollutants: Area Source Standards for Prepared Feeds Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing three amendments to the regulatory text in 
the prepared feeds manufacturing area source rule. First, this action 
would correct the date for new sources to submit a Notification of 
Compliance Status (NOCS) form. Second, this action would correct 
information that needs to be included in the Notification of Compliance 
Report for those small facilities that are not required to install 
cyclones on their pelleting operations. Third, this action would add 
language to the regulatory text requiring submittal of the annual 
compliance certification report that was inadvertently left out of the 
final rule. These corrections and clarifications would not change the

[[Page 42031]]

standards established by the rule. These corrections and clarifications 
also would not result in the imposition of any costs beyond those 
included in the final rule.

DATES: Written comments must be received on or before September 3, 
2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0080, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov: 
Follow the instructions for submitting comments.
     Agency Web site: http://www.epa.gov/oar/docket.html. 
Follow the instructions for submitting comments on the EPA Air and 
Radiation Docket Web site.
     E-mail: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2008-0080 in the subject line of the message.
     Fax: Send comments to (202) 566-9744, Attention Docket ID 
No. EPA-HQ-OAR-2008-0080.
     Mail: Area Source NESHAP for Prepared Feeds Manufacturing 
Docket, Environmental Protection Agency, Air and Radiation Docket and 
Information Center, Mailcode: 2822T, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. Please include a total of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West, Room 3334, 1301 Constitution Avenue, NW., 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.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0080. 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.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, 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 http://www.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.
    Docket: EPA has established a docket for this action under Docket 
ID No. EPA-HQ-OAR-2008-0080. All documents in the docket are listed in 
the Federal Docket Management System index at http://www.regulations.gov. Although listed in the index, some information is 
not publicly available (e.g., confidential business information (CBI) 
or other information whose disclosure is restricted by statute). 
Certain other material, such as copyrighted material, will be publicly 
available only in hard copy form. Publicly available docket materials 
are available either electronically through http://www.regulations.gov 
or in hard copy at the EPA Docket Center, Public Reading Room, EPA 
West, Room 3334, 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. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Air 
Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Jan King, Regulatory Development and 
Policy Analysis Group, Office of Air Quality Planning and Standards 
(C404-05), Environmental Protection Agency, Research Triangle Park, NC 
27711. Telephone number: (919) 541-5665; fax number: (919) 541-0242; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:

I. Why is EPA issuing this proposed rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. What amendments are we making to the rule?
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Why is EPA issuing this proposed rule?

    This document proposes to take action on three amendments to the 
regulatory text in the prepared feeds manufacturing area source rule. 
We have published a direct final rule amending the regulatory text in 
the prepared feeds manufacturing area source rule in the ``Rules and 
Regulations'' section of this Federal Register because we view this as 
a noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule.
    If we receive no adverse comment by September 3, 2010, we will not 
take further action on this proposed rule. If we receive adverse 
comment, we will withdraw the amendments in the direct final rule or 
certain amendments in the direct final rule and those amendments will 
not take effect. We would address all public comments in any subsequent 
final rule based on this proposed rule.
    In the ``Rules and Regulations'' section of this Federal Register, 
we are amending the regulatory text in the prepared feeds manufacturing 
area source rule as a direct final rule without a prior proposal. If we 
receive no adverse comment on that direct final rule, we will not take 
further action on this proposed rule. If we receive adverse comment, we 
will withdraw the amendments in the direct final rule or certain 
amendments in the direct final rule and those amendments will not take 
effect. The regulatory text for this proposal is identical to that for 
the direct final rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information proved in the 
ADDRESSES section of this document.

II. Does this action apply to me?

    Regulated Entities. Categories and entities potentially regulated 
by the proposed rule include:

[[Page 42032]]



------------------------------------------------------------------------
                                                  Examples of regulated
       Category entities         NAICS code \1\          entities
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Other Animal Foods                       311119  Animal feeds, prepared
 Manufacturing.                                   (except dog and cat),
                                                  manufacturing.
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\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.11619, 
subpart DDDDDDD (NESHAP for Area Sources: Prepared Feeds 
Manufacturing). If you have any questions regarding the applicability 
of this action to a particular entity, consult either the State 
delegated authority or the EPA regional representative, as listed in 40 
CFR 63.13 of subpart A (General Provisions).

III. Where can I get a copy of this document?

    Electronic Access. In addition to being available in the docket, an 
electronic copy of this proposed action will also be available on the 
Worldwide Web (WWW) through the Technology Transfer Network (TTN). 
Following signature, a copy of this final action will be posted on the 
TTN's policy and guidance page for newly proposed or promulgated rules 
at the following address: http://www.epa.gov/ttn/oarpg/. The TTN 
provides information and technology exchange in various areas of air 
pollution control.

IV. What amendments are we making to this rule?

    On January 5, 2010 (75 FR 522), the EPA promulgated the national 
emission standards for hazardous air pollutants (NESHAP) for area 
source prepared feeds manufacturing facilities as subpart DDDDDDD in 40 
CFR part 63. Today's action proposes the following corrections and 
clarifications:
    1. The date for new sources to submit the Notification of 
Compliance Form is corrected from ``within 120 days of startup, or by 
May 4, 2012, whichever is later,'' to within 120 days of startup or 
October 18, 2010, whichever is later.
    2. Small facilities that are not subject to the requirement to 
install and operate a cyclone to control emissions from pelleting 
operations must submit documentation of their initial average daily 
feed production level in their Notification of Compliance Status 
report. The final rule used the incorrect term ``initial daily 
pelleting production level.'' This is being corrected to indicate that 
documentation of the ``initial average daily feed production level'' be 
submitted.
    3. The requirement to submit the annual compliance certification 
report under certain circumstances is added. This requirement was in 
the proposed rule but inadvertently deleted in the final rule.
    These changes provide corrections and clarifications that are 
referenced in the final rule published on January 5, 2010. Today's 
action notifies interested parties of the proposed amendments.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This proposed action is not a ``significant regulatory action'' 
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) 
and is, therefore, not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The proposed amendments result in no changes to the information 
collection requirements of the existing standards of performance and 
will have little or no impact on the information collection estimate of 
projected cost and hour burden made and approved by the Office of 
Management and Budget (OMB) during the development of the existing 
standards of performance. Therefore, the information collection 
requests have not been amended. However, OMB has previously approved 
the information collection requirements contained in the existing 
regulations (subpart DDDDDDD, 40 CFR part 63) under the provisions of 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned 
OMB control number 2060-0635 (ICR 2354.02). The OMB control numbers for 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act 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 
would not have a significant economic impact on a substantial number of 
small entities. Small entities include small businesses, small not-for-
profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of this rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations found at 13 
CFR 121.201; (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; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this proposed action will not have a 
significant economic impact on a substantial number of small entities. 
This action does not impose any additional costs over those in the 
final rule published on January 5, 2010 (75 FR 522). We continue to be 
interested in the potential impacts of this proposed amendment on small 
entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This proposed rule does 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 to the private sector in any 
one year. This proposed rule is not expected to impact State, local, or 
Tribal governments. Thus, this rule would not be subject to the 
requirements of sections 202 and 205 of the Unfunded Mandates Reform 
Act (UMRA).
    This proposed rule would also not be subject to the requirements of 
section 203 of UMRA because it contains no regulatory requirements that 
might significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This proposed rule does 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. This proposed rule does not 
impose any requirements on State and local governments. Thus,

[[Page 42033]]

Executive Order 13132 does not apply to this proposed rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This proposed action does not have Tribal implications, as 
specified in Executive Order 13175 (65 FR 67249, November 9, 2000). 
This proposed rule imposes no requirements on Tribal governments; thus, 
Executive Order 13175 does not apply to this proposed action. EPA 
specifically solicits additional comment on this proposed action from 
Tribal officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the Order 
has the potential to influence the regulation. This proposed action is 
not subject to Executive Order 13045 because it is based solely on 
technology performance.

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

    This proposed rule is not a ``significant energy action'' as 
defined in Executive Order 13211 (66 FR 28355, May 22, 2001) because it 
is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113 (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities, unless to do so would be inconsistent with applicable law 
or otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    These proposed rule amendments do not involve technical standards 
as defined in the NTTAA. Therefore, this proposed rule is not subject 
to NTTAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule would not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population.

List of Subjects for 40 CFR Part 63

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

    Dated: July 14, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-17710 Filed 7-19-10; 8:45 am]
BILLING CODE 6560-50-P