[Federal Register Volume 76, Number 247 (Friday, December 23, 2011)]
[Rules and Regulations]
[Pages 80261-80266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32835]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0080; FRL-9610-2]
RIN 2060-AR16


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action to revise certain 
provisions of the area source national emission standards for hazardous 
air pollutants (NESHAP) for prepared feeds manufacturing published on 
January 5, 2010 (final rule). These revisions will clarify the 
regulatory requirements for this source category and ensure that those 
requirements are consistent with the record. The revisions address the 
generally available control technology (GACT) requirements for 
pelleting processes at large, existing prepared feeds manufacturing 
facilities, specifically removal of the cyclone 95-percent design 
efficiency requirement, as well as associated requirements for 
compliance demonstration, monitoring, reporting, and recordkeeping; 
clarification of the requirement that doors be kept closed in areas 
where materials containing chromium and manganese are stored, used, or 
handled; and clarification of the requirement to install a device at 
the point of bulk loadout to minimize emissions. These amendments are 
not expected to result in increased emissions or in the imposition of 
costs beyond those described in the January 5, 2010, final rule.

DATES: This direct final rule is effective on February 21, 2012 without 
further notice, unless the EPA receives adverse comment by January 23, 
2012. If we receive adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this rule, 
or relevant provisions of 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: www.regulations.gov: Follow 
the instructions for submitting comments.
     Agency Web site: www.epa.gov/oar/docket.html. Follow the 
instructions for submitting comments on the EPA Air and Radiation 
Docket Web site.
     Email: [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. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at 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 www.regulations.gov 
or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to the EPA without going through 
www.regulations.gov, your email 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, the 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 the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the 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 instructions on submitting comments,

[[Page 80262]]

see Section III of the SUPPLEMENTARY INFORMATION section of this 
document.
    Docket: The 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 
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 
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, Outreach and Information 
Division, 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; email 
address: [email protected].

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

I. Why is the EPA using a direct final rule?
II. Does this action apply to me?
III. What should I consider as I prepare my comments for the EPA?
    A. Submitting CBI
    B. Tips for Preparing Your Comments
IV. Where can I get a copy of this document?
V. What amendments are being made to this rule?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory 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 the EPA using a direct final rule?

    The EPA is publishing these amendments without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. However, in the ``Proposed Rules'' section of 
today's Federal Register, we are publishing a separate document that 
will serve as the proposed rule to revise certain provisions of the 
final area source rule for prepared feeds manufacturing published on 
January 5, 2010, (75 FR 522) if adverse comments are received on this 
direct final rule. If we receive adverse comment on a distinct 
provision of this direct final rule, we will publish a timely 
withdrawal in the Federal Register indicating which provisions we are 
withdrawing. The provisions that are not withdrawn will become 
effective on the date set out above, notwithstanding adverse comment on 
any other provision. Any parties interested in commenting must do so at 
this time. For further information about commenting on this rule, see 
the ADDRESSES section of this document.
    As explained below, this action revises the generally available 
control technology (GACT) standard for pelleting operations at large, 
existing prepared feeds manufacturing facilities, specifically removal 
of the cyclone 95 percent design efficiency requirement, as well as 
associated requirements for compliance demonstration, monitoring, 
reporting, and recordkeeping; clarification of the requirement that 
doors be kept closed in areas where materials containing chromium and 
manganese are stored, used, or handled; and clarification of the 
requirement to install a device at the point of bulk loadout to 
minimize emissions.

II. Does this action apply to me?

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

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                                                  Examples of regulated
            Category              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.
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    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 subparts A (General Provisions).

III. What should I consider as I prepare my comments for the EPA?

    A. Submitting CBI. Do not submit this information to the EPA 
through http://www.regulations.gov or email. Clearly mark all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to the 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.
    B. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (e.g., 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.

[[Page 80263]]

     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.

IV. 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). 
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. 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.

V. What amendments are being made to this rule?

    On January 5, 2010 (75 FR 522), the EPA promulgated the NESHAP for 
area source prepared feeds manufacturing facilities as subpart DDDDDDD 
in 40 CFR part 63. Existing affected sources (i.e., construction or 
reconstruction of the facility began on or before July 27, 2009) must 
comply with the rule by January 5, 2012, while new affected sources 
(i.e., construction or reconstruction of the facility began after July 
27, 2009) were required to comply by January 5, 2010, or upon startup, 
whichever is later.
    Today's action consists of three revisions and clarifications. The 
rule requires that pelleting operations at large, prepared feeds 
manufacturing facilities (i.e., those facilities with an average daily 
feed production level exceeding 50 tons per day) use cyclones. In the 
final rule, these cyclones were required to have a 95-percent design 
efficiency. This action revises this requirement for existing sources 
only.\2\ Such sources must use cyclones, and those cyclones must be 
operated in accordance with good air pollution control practices and 
manufacturer's specifications and operating instructions, if available, 
or standard operating procedures must be developed by the facility 
owner or operator to ensure proper operation and maintenance of the 
cyclone.
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    \2\ We are not changing any requirements for new large, prepared 
feeds manufacturing facilities. We have amended the regulatory text 
to clarify that the design efficiency requirement and associated 
compliance mechanisms, monitoring, reporting, and recordkeeping 
requirements apply only to new sources.
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    In the preamble to the final rule, we recognized that the cyclones 
employed on pelleting operations at existing, large prepared feeds 
manufacturing facilities were generally available and provided 
effective Hazardous Air Pollutant (HAP) emissions control (75 FR 533). 
We added the 95-percent design efficiency requirement in the final rule 
because we thought, based on limited data from sources that did not 
have cyclones, that a large percentage of existing cyclones at large 
facilities already met that design efficiency (75 FR 544). In assessing 
the costs of the design efficiency requirement, as part of our GACT 
analysis, we estimated that few existing sources (approximately 2 
percent) did not have cyclones and would need to install them to meet 
the requirement (Economic Impact Analysis for the Prepared Feeds 
Manufacturing Area Source NESHAP, June 17, 2009, Docket No. EPA-HQ-OAR-
2008-0080-0036). We also explained in the final rule that it was not 
our intent to force prepared feed manufacturers to replace older, well-
designed, and properly operating cyclones with new high-efficiency 
cyclones (75 FR 533). Indeed, we recognized that requiring the 
replacement of older, well designed, properly operating cyclones was 
not cost effective, because the incremental emission reductions would 
be very low and the costs would be high (75 FR 533).
    The EPA included in the final rule three different mechanisms by 
which a source could demonstrate compliance with the design efficiency 
requirement. 40 CFR 63.11621(e)(1)-(3). A source could show compliance 
by having either cyclone manufacturer certification/specifications, a 
certification by a professional engineer or responsible official, or a 
Method 5 performance test that indicates whether PM is being released 
from the system (Appendix A to part 60) (which determines the 
particulate matter mass rate at the inlet and outlet of the cyclone). 
The EPA has recently learned that most existing sources would need to 
install new cyclones to provide the required documentation for 
demonstrating compliance with the final rule. (Material presented by 
prepared feeds industry representatives at the January 25, 2011, 
meeting with EPA staff, and Request for Administrative Stay and 
Reconsideration--June 10 2011, both of which are included in Docket No. 
EPA-HQ-OAR-2008-0080). That was not the intent of the final rule, and 
this result cannot be reconciled with the GACT analysis underlying the 
final rule.
    As noted above, we premised the design efficiency requirement in 
the final rule for existing sources on the assumption that all but a 
few cyclones were meeting that requirement and that only a few sources 
would need to install new cyclones. Our cost analysis in the final rule 
tracked this assumption. We now recognize that this assumption was 
incorrect, and that our regulations, as written, would require many 
existing facilities to replace existing cyclones, which is contrary to 
our GACT analysis. As explained in the final rule, the replacement of 
older, well designed, properly operating cyclones is not cost effective 
(75 FR at 533). We are therefore revising the requirement of the final 
rule for pelleting operations at existing large prepared feeds 
manufacturing facilities (i.e., those facilities with an average daily 
feed production level exceeding 50 tons per day) to require the use of 
cyclones. We are also requiring that the cyclones be operated in 
accordance with good air pollution control practices and manufacturer's 
specifications and operating instructions, if available, or standard 
operating procedures must be developed by the facility owner or 
operator to ensure proper operation and maintenance of the cyclone. 
These revisions are wholly consistent with the record supporting the 
final rule, including the cost analysis and our determination that 
cyclones are generally available for existing sources and effectively 
control HAP emissions.
    Further, the EPA is revising the requirements for demonstration of 
compliance, monitoring, and the notification, reporting and 
recordkeeping requirements for existing sources only, consistent with 
the removal of the design efficiency requirement for those sources. 
This rule would amend the notification of compliance status 
requirements such that the cyclone manufacturer's operating 
specifications or standard operating procedures developed by the 
prepared feeds manufacturer be required as part of the record instead 
of one of the cyclone parameters as specified in the final rule (i.e., 
inlet flow rate, inlet velocity, pressure drop, or fan

[[Page 80264]]

amperage range). The revised annual compliance certification would 
include all instances when the cyclone does not operate according to 
manufacturer specifications or the standard operating procedures. This 
would replace the requirement for existing sources to include in the 
annual compliance certification the cyclone parameters listed in the 
final rule. We are also revising the recordkeeping requirements for 
existing sources to require the owner or operator to record the results 
of weekly visual inspections. This would replace the requirement in the 
January 5, 2010, final rule for existing sources to record the daily 
inlet flow rate, inlet velocity, pressure drop, or fan amperage.
    This action also clarifies that the requirement to keep doors 
closed in areas where materials containing manganese and chromium are 
stored, used, or handled does not apply to areas where finished 
prepared feeds product is stored in closed containers, since there are 
no HAP emissions in these areas. See 40 CFR 63.11621(a)(iii).
    Finally, there has been some confusion regarding the type of device 
needed to comply with the bulk loadout provision at 40 CFR 63.11621(d). 
These amendments clarify that any type of device may be used to 
minimize the distance between the place where bulk loadout occurs and 
the vehicle being loaded. The distance may also be minimized by the 
design of the loadout process itself (e.g., the loadout arm positioned 
directly above the vehicle being loaded).
    These revisions and clarifications will become effective on 
February 21, 2012 without further notice, unless EPA receives adverse 
comment by January 23, 2012. If we receive adverse comment on a 
distinct provision of this direct final rule, we will publish a timely 
withdrawal in the Federal Register indicating which provisions we are 
withdrawing. The provisions that are not withdrawn will become 
effective on the date set out above, notwithstanding adverse comment on 
any other provision.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory 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 Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden above 
that required in the original rule. The revisions do not require 
additional information collection requirements and may result in an 
overall reduction of the information collection burden. Therefore, the 
information collection requests are not being amended. The Office of 
Management and Budget (OMB) previously approved the information 
collection request (ICR) 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 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 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 action on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This final 
rule will not impose any requirements on small entities. This action 
does not impose any additional costs over those in the final rule 
published on January 5, 2010 (75 FR 522). In fact, the clarifications 
contained in this action are expected to reduce costs for some small 
businesses that would otherwise have installed control equipment, but 
that would not be required to do so as a result of these amendments.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandate under the provisions of 
title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for state, local, or tribal governments, or the private 
sector. This action imposes no enforceable duty on state, local, or 
tribal governments, or the private sector. Therefore, this action is 
not subject to the requirements of sections 202 and 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. This action imposes 
no obligations upon them.

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.

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

    The EPA interprets EO 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 EO 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,

[[Page 80265]]

2001) because it is not a significant regulatory action under Executive 
Order 12886.

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, 12(d) (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 the EPA to provide 
Congress, through OMB, explanations when the agency decides not to use 
available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, the 
EPA did not consider the use of any voluntary consensus standards.

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.
    The EPA has determined that this direct final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This direct final rule makes revisions and clarifications 
to the rule and should not result in increased emissions beyond those 
described in the final rule.

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. The EPA will submit a report containing these 
revisions 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 rule 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).

List of Subjects for 40 CFR Part 63

    Environmental protection, Particulate matter, Air pollution 
control, Hazardous substances, Reporting and recordkeeping 
requirements.

    Dated: December 15, 2011.
Lisa P. Jackson,
Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency is amending 40 CFR, part 63, as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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. Amend Sec.  63.11621 as follows:
0
a. By revising the introductory text.
0
b. By revising paragraph (a)(1)(iii).
0
c. By revising paragraph (d).
0
d. By revising paragraph (e) introductory text.
0
e. By adding paragraph (f).


Sec.  63.11621  What are the standards for new and existing prepared 
feeds manufacturing facilities?

    You must comply with the management practices and standards in 
paragraphs (a) through (d) of this section at all times. For pelleting 
operations at prepared feeds manufacturing facilities with an average 
daily feed production level exceeding 50 tons per day, you must also 
comply with the requirements in paragraph (e) of this section at all 
times if you are a new source, and if you are an existing source, you 
must also comply with the requirements in paragraph (f) of this section 
at all times.
    (a) * * *
    (1) * * *
    (iii) You must keep exterior doors in the immediate affected areas 
shut except during normal ingress and egress, as practicable. This 
paragraph (a)(1)(iii) does not apply to areas where finished product is 
stored in closed containers, and no other materials containing chromium 
or manganese are present.
* * * * *
    (d) For the bulk loading process where materials containing 
chromium or manganese are loaded into trucks or railcars, you must 
lessen fugitive emissions by reducing the distance between the loadout 
spout and the vehicle being loaded by either paragraph (d)(1) or (d)(2) 
of this section.
    (1) Use a device of any kind at the bulk loadout spout that 
minimizes the distance to the vehicle being loaded.
    (2) Use any other means to minimize the distance between the 
loadout spout and the vehicle being loaded.
    (e) For the pelleting operations at new prepared feeds 
manufacturing facilities with an average daily feed production level 
exceeding 50 tons per day, you must capture emissions and route them to 
a cyclone designed to reduce emissions of particulate matter by 95 
percent or greater. You must also comply with the provisions in 
paragraphs (e)(1) through (3) of this section.
* * * * *
    (f) For the pelleting operations at existing prepared feeds 
manufacturing facilities with an average daily feed production level 
exceeding 50 tons per day, you must capture emissions and route them to 
a cyclone. The cyclone must be maintained in accordance with good air 
pollution control practices and manufacturer's specifications and 
operating instructions, if available. If manufacturer's specifications 
and operating instructions are not available, you must develop and 
follow standard operating procedures that ensure proper operation and 
maintenance of the cyclone.


0
3. Amend Sec.  63.11622 by revising paragraph (b) to read as follows:


Sec.  63.11622  What are the monitoring requirements for new and 
existing sources?

* * * * *
    (b) If you own or operate an affected source required by Sec.  
63.11621(e) or (f) to install and operate a cyclone to control 
emissions from pelleting operations, you must comply with the 
inspection and monitoring requirements in paragraphs (b)(1) and either 
(b)(2) or (b)(3) of this section, as applicable.
    (1) You must perform quarterly inspections of the cyclone for 
corrosion, erosion, or any other damage that could result in air in-
leakage, and record the results in accordance with Sec.  63.11624(c).

[[Page 80266]]

    (2) If you own or operate a new source, you must monitor inlet flow 
rate, inlet velocity, pressure drop, or fan amperage at least once per 
day when the pelleting process is in operation. You must also record 
the inlet flow rate, inlet velocity, pressure drop, or fan amperage in 
accordance with Sec.  63.11624(c)(4).
    (3) If you own or operate an existing source, you must perform a 
weekly visual inspection of the operating cyclone to ensure it is 
operating consistent with good air pollution control practices.


0
4. Amend Sec.  63.11624 as follows:
0
a. By revising paragraphs (a)(2)(iii) and (a)(2)(iv).
0
b. By adding paragraph (a)(2)(v).
0
c. By revising paragraphs (b)(4), (b)(5) and (b)(6).
0
d. By adding paragraph (b)(7).
0
e. By revising paragraphs (c) introductory text, (c)(4) introductory 
text, (c)(5), (c)(6), (c)(7), and (c)(8).
0
f. By adding paragraph (c)(9).


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

    (a) * * *
    (2) * * *
    (iii) If you own or operate a new source required by Sec.  
63.11621(e) to install and operate a cyclone to control emissions from 
pelleting operations, the inlet flow rate, inlet velocity, pressure 
drop, or fan amperage range than constitutes proper operation of the 
cyclone determined in accordance with Sec.  63.11621(e)(2).
    (iv) If you own or operate an existing source required by Sec.  
63.11621(f) to install and operate a cyclone to control emissions from 
pelleting operations, documentation of what constitutes proper 
operation of the cyclone determined in accordance with Sec.  
63.11621(f).
    (v) If you own or operate an affected source that is not subject to 
a requirement in Sec.  63.11621(e) or (f) 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 daily pelleting production level 
determination.
    (b) * * *
    (4) If you own or operate a new source that is subject to Sec.  
63.11621(e), you must identify all instances when the daily inlet flow 
rate, inlet velocity, pressure drop, or fan amperage is outside the 
range that constitutes proper operation of the cyclone submitted as 
part of your Notification of Compliance Status. In these instances, 
include the time periods when this occurred and the corrective actions 
taken.
    (5) If you own or operate an existing source that is subject to 
Sec.  63.11621(f), you must identify all instances when the cyclone was 
not operating properly as determined in accordance with Sec.  
63.11621(f).
    (6) If you own or operate an affected source that is not subject to 
a requirement in Sec.  63.11621(e) or (f) to install and operate a 
cyclone to control emissions from pelleting operations because your 
average daily feed production level was 50 tpd or less, notification if 
your average daily feed production level for the previous year exceeded 
50 tpd.
    (7) If you own or operate an affected source that was subject to a 
requirement in Sec.  63.11621(e) or (f) to install and operate a 
cyclone to control emissions from pelleting operations, notification if 
your average daily feed production level for the previous year was 50 
tpd or less and that you are no longer complying with Sec.  63.11621(e) 
or (f).
    (c) Records. You must maintain the records specified in paragraphs 
(c)(1) through (6) of this section in accordance with paragraphs (c)(7) 
through (9) of this section.
* * * * *
    (4) If you own or operate a new source that is subject to Sec.  
63.11621(e), you must keep the records in paragraphs (c)(4)(i) through 
(v) of this section.
* * * * *
    (5) If you own or operate an existing source that is subject to 
Sec.  63.11621(f), you must keep the records in paragraphs (c)(5)(i) 
and (ii) of this section.
    (i) Records of all quarterly inspections including the information 
identified in paragraphs (c)(5)(i)(A) through (C) of this section.
    (A) The date, place, and time of each inspection;
    (B) Person performing the inspection;
    (C) Results of the inspection, including the date, time, and 
duration of the corrective action period from the time the inspection 
indicated a problem to the time of the indication that the cyclone was 
restored to proper operation.
    (ii) Records of weekly visual inspections of the operating cyclone, 
including a record of any corrective action taken as a result of the 
inspection.
    (6) If you own or operate an affected source that is not subject to 
a requirement in Sec.  63.11621(e) or (f) to install and operate a 
cyclone to control emissions from pelleting operations because your 
average daily feed production level is 50 tpd or less, feed production 
records to enable the determination of the average daily feed 
production level.
    (7) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1).
    (8) As specified in Sec.  63.10(b)(1), you must keep each record 
for 5 years following the date of each recorded action.
    (9) You must keep each record onsite for at least 2 years after the 
date of each recorded action according to Sec.  63.10(b)(1). You may 
keep the records offsite for the remaining 3 years.
* * * * *
[FR Doc. 2011-32835 Filed 12-22-11; 8:45 am]
BILLING CODE 6560-50-P