[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Proposed Rules]
[Pages 2860-2863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-765]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 63
[EPA-HQ-OAR-2002-0051; EPA-HQ-OAR-2007-0877; FRL-9253-5]
RIN 2060-AQ59
National Emission Standards for Hazardous Air Pollutants From the
Portland Cement Manufacturing Industry and Standards of Performance for
Portland Cement Plants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is taking action on amendments to the National
Emissions Standards for Hazardous Air Pollutants (NESHAP) and Standards
of Performance (NSPS) for Portland Cement Plants. The final rules were
published on September 9, 2010. This action amends certain text in the
final rules to clarify compliance dates and to restore the previously
issued emission limits that we changed in the September 9, 2010 action.
We are also correcting two minor typographical errors.
DATES: Comments must be received on or before February 17, 2011. If any
one contacts EPA by February 2, 2011 requesting to speak at a public
hearing, EPA will hold a public hearing on February 7, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0051, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (202) 566-9744.
Mail: U.S. Postal Service, send comments to: EPA Docket
Center (6102T), National Emission Standards for Hazardous Air Pollutant
From the Portland Cement Manufacturing Industry Docket, Docket ID No.
EPA-HQ-OAR-2002-0051, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include a total of two copies. In addition, please mail a
copy of your comments on the information collection provisions to the
Office of Information and Regulatory Affairs, Office of Management and
Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., NW.,
Washington, DC 20503.
Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center (6102T), Standards of Performance (NSPS) for
Portland Cement Plants Docket, Docket ID No. EPA-HQ-OAR-2007-0877, EPA
West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. Please include a total of two copies.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2002-0051. 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: All documents in the docket are listed in the http://www.regulations.gov index. 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.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center,
National Emission Standards for Hazardous Air Pollutants from the
Portland Cement Manufacturing Industry Docket, EPA West, Room 3334,
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to
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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 Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Keith Barnett, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division,
Metals and Minerals Group (D243-02), Environmental Protection Agency,
Research Triangle Park, NC 27711, telephone number: (919) 541-5605; fax
number: (919) 541-5450; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Categories and entities potentially regulated by this proposed rule
include:
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NAICS
Category code \1\ Examples of regulated entities
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Industry..................... 327310 Portland cement plants.
Federal Government........... Not affected.
State/local/Tribal government Portland cement plants.
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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 regulated by this
action. To determine whether your facility would be regulated by this
proposed action, you should examine the applicability criteria in 40
CFR 63.1340 (subpart LLL). If you have any questions regarding the
applicability of this proposed action to a particular entity, contact
the person listed in the preceding FOR FURTHER INFORMATION CONTACT
section.
B. What should I consider as I prepare my comments to EPA?
Do not submit information containing CBI to EPA through http://www.regulations.gov or e-mail. Send or deliver information identified
as CBI only to the following address: Roberto Morales, OAQPS Document
Control Officer (C404-02), Office of Air Quality Planning and
Standards, Environmental Protection Agency, Research Triangle Park, NC
27711, Attention Docket ID No. EPA-HQ-OAR-2002-0051. 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.
C. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this proposed action is available on the Worldwide Web (WWW) through
the Technology Transfer Network (TTN). Following signature, a copy of
this proposed action will be posted on the TTN's policy and guidance
page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and technology exchange in various
areas of air pollution control.
D. When and where would a public hearing occur?
If anyone contacts EPA requesting to speak at a public hearing by
February 2, 2011, a public hearing will be held on February 7, 2011. To
request a public hearing contact Ms. Virginia Hunt, EPA, Office of Air
Quality Planning and Standards, Sector Policy and Programs Division,
Metals and Minerals Group (D243-02), Research Triangle Park, NC 27711,
telephone number 919-541-0832, e-mail address: [email protected] by
the date specified above in the DATES section. Persons interested in
presenting oral testimony or inquiring as to whether a public hearing
is to be held should also contact Ms. Virginia Hunt at least 2 days in
advance of the potential date of the public hearing.
If a public hearing is requested, it will be held at 10 a.m. at the
EPA Headquarters, Ariel Rios Building, 12th Street and Pennsylvania
Avenue, Washington, DC 20460 or at a nearby location.
II. Direct Final Rule
A direct final rule identical to the proposal is published in the
Rules and Regulations section of today's Federal Register. We are
taking direct final action on the proposed amendments because we view
the amendments as noncontroversial and anticipate no significant
adverse comments. We have explained our reasons for the amendments in
the direct final rule. If no significant 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 action.
If we receive significant adverse comments, we will withdraw only
those provisions on which we received those 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 the entire 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.
The regulatory text for the 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, the
detailed rationale for the proposal and the regulatory revisions, see
the direct final rule published in a separate part of this Federal
Register.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866, Regulatory Planning and Review (58 FR
51735, October 4, 1993), this action is not a ``significant regulatory
action'' and is, therefore, not subject to review by the Office of
Management and Budget (OMB). (See 75 FR 55029-30) This action is a
correction to certain text in the final rules and is not a ``major
rule'' as defined by 5 U.S.C. 804(2). However, the final rules
promulgated on September 9, 2010 were reviewed by OMB.
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B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This action adds clarifications and corrections to the final standards.
However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations (75 FR 54970, September 9, 2010) under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control numbers 2060-0416 and 2060-0614. 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 (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 impact of this rule on small
entities, small entity is defined as: (1) A small business whose parent
company has no more than 750 employees depending on the size definition
for the affected NAICS code (as defined by Small Business
Administration (SBA) regulations 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 impact of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities because it
does not add any additional regulatory requirements.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1531-
1538, requires Federal agencies, unless otherwise prohibited by law, to
assess the effects of their regulatory actions on State, local, and
Tribal governments and the private sector. Federal agencies must also
develop a plan to provide notice to small governments that might be
significantly or uniquely affected by any regulatory requirements. The
plan must enable officials of affected small governments to have
meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates and must
inform, educate, and advise small governments on compliance with the
regulatory requirements.
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 the private sector in any one
year. Thus, this proposed rule is not subject to the requirements of
section 202 and 205 of the UMRA.
This action is also not subject to the requirements of section 203
of the UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action
contains no requirements that apply to such governments, imposes no
obligations upon them, and will not result in expenditures by them of
$100 million or more in any one year or any disproportionate impacts on
them.
E. Executive Order 13132: Federalism
Executive Order 13132 (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.''
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. None of the affected facilities
are owned or operated by State governments. Thus, 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 action
from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Subject to the Executive Order 13175 (65 FR 67249, November 9,
2000) EPA may not issue a regulation that has Tribal implications, that
imposes substantial direct compliance costs, and that is not required
by statute, unless the Federal government provides the funds necessary
to pay the direct compliance costs incurred by Tribal governments, or
EPA consults with Tribal officials early in the process of developing
the proposed regulation and develops a Tribal summary impact statement.
This proposed rule does not have Tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 9, 2000). It will not
have substantial direct effects on Tribal governments, on the
relationship between the Federal government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian Tribes, as specified in Executive Order 13175.
The proposed rule imposes no new requirements on the one Tribally owned
facility. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 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 action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
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 (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling
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procedures, and business practices) that are developed or adopted by
VCS bodies. NTTAA directs EPA to provide Congress, through OMB,
explanations when the Agency decides not to use available and
applicable VCS.
This action does not involve changes to the technical standards
related to test methods or monitoring methods; thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272) do not apply.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 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 does not involve special
consideration of environmental justice-related issues as required by
Executive Order 12898, Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994), because it does not change any regulatory
requirements, it merely corrects and clarifies existing requirements.
List of Subjects in 40 CFR Parts 60 and 63
Environmental protection, Air pollution control, Hazardous
substances, Incorporation by reference, and Reporting and recordkeeping
requirements.
Dated: January 10, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011-765 Filed 1-14-11; 8:45 am]
BILLING CODE 6560-50-P