[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Rules and Regulations]
[Pages 41991-41994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17711]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0080; FRL-9176-7]
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: Direct final rule.

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SUMMARY: EPA is taking direct final action on three amendments to the 
regulatory text in the prepared feeds manufacturing area source rule. 
First, this action corrects the date for new sources to submit a 
Notification of Compliance Status (NOCS) form. Second, this action 
corrects 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 adds 
language to the regulatory text that was inadvertently left out of the 
final rule requiring submittal of the annual compliance certification 
report. These corrections and clarifications will not change the 
standards established by the rule and not result in the imposition of 
any costs beyond those included in the final rule.

DATES: This direct final rule is effective on November 2, 2010, without 
further

[[Page 41992]]

notice, unless EPA receives adverse comment by September 3, 2010. If we 
receive adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that some or all of the 
amendments in this rule will not take effect.

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., (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 using a direct final 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 this 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 and Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Why is EPA using a direct final rule?

    We are publishing the rule without a prior proposed rule because we 
view this as a non-controversial action and anticipate no adverse 
comment. As explained below, this action amends the date for new 
sources to submit a Notification of Compliance Status (NOCS) form; 
corrects 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; and adds language to 
the regulatory text that was inadvertently left out of the final rule 
requiring submittal of the annual compliance certification report.
    Because this is an amendment of regulatory language through 
rulemaking, a redline version of the regulatory language has been 
created and has been placed in the docket (http://www.regulations.gov, 
see Docket No. EPA-HQ-OAR-2008-0080) to aid the public's ability to 
comment on the regulatory text.
    If we receive relevant adverse comment on this direct final rule, 
we will publish a timely withdrawal in the Federal Register informing 
the public that some or all of the amendments in this rule will not 
take effect. Any parties interested in commenting must do so at this 
time.

II. Does this action apply to me?

    Regulated Entities. The regulated categories and entities 
potentially affected by the final rule include:

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


[[Page 41993]]

    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 direct final 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 contains 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 is added. This requirement was in the proposed rule but 
inadvertently deleted in the final rule.
    The corrections will become effective on November 2, 2010, without 
further notice, unless EPA receives adverse comment by September 3, 
2010. If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that some or 
all of the amendments in this rule will take affect. Today's action 
notifies interested parties of the amendments.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This 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 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 direct final rule on 
small entities, I certify that this 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).

D. Unfunded Mandates Reform Act

    This direct final 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 direct final 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 final 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 direct final 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 direct final 
rule does not impose any requirements on State and local governments. 
Thus, Executive Order 13132 does not apply to this rule.

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

    This action does not have Tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This direct 
final rule imposes no requirements on Tribal governments; thus, 
Executive Order 13175 does not apply to this action.

[[Page 41994]]

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 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 direct final 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 direct final rule amendments do not involve technical 
standards as defined in the NTTAA. Therefore, this direct final 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 direct final 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.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating 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. EPA will submit a report containing these final 
rule amendments and other required information to the U.S. Senate, the 
U.S. 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. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). This direct final rule will be 
effective on November 2, 2010.

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.

0
For the reasons set out in the preamble, title 40, chapter I, part 63, 
subpart DDDDDDD of the Code of Federal Regulations is amended as 
follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart DDDDDDD--[Amended]

0
2. Section 63.11624 is amended as follows:
0
a. Revising the second sentence of paragraph (a)(2) introductory text;
0
b. Revising paragraph (a)(2)(iv); and
0
c. Revising paragraph (b) introductory text.
    The revisions are to read as follows:


Sec.  63.11624  What are the notification, reporting, and recordkeeping 
requirements?

    (a) * * *
    (2) * * * If you are the owner or operator of a new affected 
source, you must submit a Notification of Compliance Status within 120 
days of initial startup, or by October 18, 2010, whichever is later. * 
* *
* * * * *
    (iv) If you own or operate an affected source that is not subject 
to the requirement in Sec.  63.11621(e) to install and operate a 
cyclone to control emissions from pelleting operations because your 
initial average daily feed production level was 50 tpd or less, 
documentation of your initial average daily feed production level 
determination.
    (b) Annual compliance certification report. You must, by March 1 of 
each year, prepare an annual compliance certification report for the 
previous calendar year containing the information specified in 
paragraphs (b)(1) through (b)(6) of this section. You must submit the 
report if you had any instance described by paragraph (b)(3) or (b)(4) 
of this section.
* * * * *
[FR Doc. 2010-17711 Filed 7-19-10; 8:45 am]
BILLING CODE 6560-50-P