National Emission Standards for Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants and Phosphate Fertilizers Production Plants

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[Federal Register: December 17, 2001 (Volume 66, Number 242)]
[Rules and Regulations]
[Page 65071-65078]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de01-6]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-7118-7]
RIN 2060-AE44

National Emission Standards for Hazardous Air Pollutants From
Phosphoric Acid Manufacturing Plants and Phosphate Fertilizers
Production Plants

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; amendments.

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SUMMARY: The EPA is taking direct final action to amend the national
emission standards for hazardous air pollutants (NESHAP) for phosphoric
acid manufacturing plants and the NESHAP for phosphate fertilizers
production plants which were promulgated on June 10, 1999 under
authority of section 112 of the Clean Air Act (CAA). The NESHAP apply
to owners and operators of phosphoric acid and phosphate fertilizers
production facilities that are major sources of hazardous air
pollutants (HAP). The EPA is amending specific provisions in the NESHAP
to resolve issues and questions raised after promulgation of the final
rules. The amendments do not significantly change EPA's original
projections for the environmental benefits, compliance costs, and
burden on industry, and do not affect the number of affected
facilities.

DATES: The direct final rule will be effective on February 15, 2002
without further notice, unless significant adverse comments are
received by January 16, 2002.
If significant material adverse comments are received by January
16, 2002, this direct final rule will be withdrawn and the comments
addressed in a subsequent final rule based on the proposed rule. If no
significant material adverse comments are received, no further action
will be taken on the proposal and this direct final rule will become
effective on February 15, 2002.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in
duplicate, if possible) to: Air and Radiation Docket and Information
Center (6102), Attention Docket Number A-94-02, U.S. EPA, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. In person or by
courier, deliver comments (in duplicate if possible) to: Air and
Radiation Docket and Information Center (6102), Attention Docket Number
A-94-02, Room M-1500, U.S. EPA, 401 M Street, SW., Washington DC 20460.
The EPA requests a separate copy of the comments also be sent to the
contact person listed below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Ms. Tanya Medley, Minerals and
Inorganic Chemicals Group, Emission Standards Division (MC-C504-05),
U.S. EPA, Research Triangle Park, North Carolina 27709, telephone
number (919) 541-5422, facsimile number (919) 541-5600, electronic mail
(e-mail) address: medley.tanya@epa.gov.

SUPPLEMENTARY INFORMATION: Comments. We are publishing this direct
final rule without prior proposal because we view the amendments as
noncontroversial and do not anticipate adverse comments. However, in
the Proposed Rules section of this Federal Register, we are publishing
a separate document that will serve as the proposal in the event that
adverse comments are filed.
If we receive any significant adverse comments, we will publish a
timely withdrawal in the Federal Register informing the public that
this direct final rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this direct final rule. Any
parties interested in commenting must do so at this time.

Docket

The docket is an organized and complete file of all the information
considered by EPA in the development of this direct final rulemaking.
The docket is a dynamic file because material is added throughout the
rulemaking process. The docketing system is intended to allow members
of the public and industries involved to readily identify and locate
documents so that they can effectively participate in the rulemaking
process. Along with the proposed and promulgated rules and their
preambles, the contents of the docket will serve as the record in the
case of judicial review. The docket number for this rulemaking is A-94-
02.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this action will also be available through the
WWW. Following signature, a copy of this action will be posted on EPA's
Technology Transfer Network (TTN) policy and guidance page for newly
proposed or promulgated rules: http://www.epa.gov/ttn/oarpg. The TTN at
EPA's web site provides information and technology exchange in various
areas of air pollution control. If more information regarding the TTN
is needed, call the TTN HELP line at (919) 541-5384.
Regulated Entities. Today's action applies to process components at
new and existing phosphoric acid manufacturing plants and phosphate
fertilizers production plants. Regulated categories and entities
include:

----------------------------------------------------------------------------------------------------------------
Source category SIC NAICS Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industrial............................... 2874 325314 Phosphoric acid manufacturing facilities
(wet process phosphoric acid process line,
superphosphoric acid process line,
phosphate rock dryer, phosphate rock
calciner, purified phosphoric acid process
line).
Industrial............................... 2874 325314 Phosphate fertilizers production
(diammonium and/or monoammonium phosphate
process line, granular triple
superphosphate process line, granular
triple superphosphate storage building).
----------------------------------------------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria of the rules. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.

Judicial Review

Under section 307(b)(1) of the CAA, judicial review of this direct
final rule is available only by filing a petition for review in the
U.S. Court of Appeals for the District of Columbia Circuit by February
15, 2002. Under section 307(d)(7)(B) of the CAA, only an objection to a
rule or procedure raised with reasonable specificity during the period
for public comment can be raised during judicial review. Moreover,
under section 307(b)(2) of the CAA, the requirements established by
this direct

[[Page 65073]]

final rule may not be challenged separately in any civil or criminal
proceeding brought to enforce these requirements.

Outline

The information presented in this preamble is organized as follows:

I. Background
II. Amendments Specific to Subpart AA--National Emission Standards
for Hazardous Air Pollutants From Phosphoric Acid Manufacturing
Plants
A. Standards for Existing Sources
B. Standards for New Sources
C. Monitoring Requirements
III. Amendments to Both Subpart AA--National Emission Standards for
Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants
and Subpart BB--National Emission Standards for Hazardous Air
Pollutants From Phosphate Fertilizers Production Plants
A. Applicability
B. Monitoring Requirements
C. Applicability of General Provisions
IV. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
B. Executive Order 13132, Federalism
C. Executive Order 13175, Consultation and Coordination with
Indian Tribal Governments
D. Executive Order 13045, Protection of Children from
Environmental Health Risks and Safety Risks
E. Executive Order 13211, Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use
F. Unfunded Mandates Reform Act of 1995
G. Regulatory Flexibility Act, as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601
et seq.
H. Paperwork Reduction Act
I. National Technology Transfer and Advancement Act of 1995
J. Congressional Review Act

I. Background

The EPA, under 40 CFR part 63, subparts AA and BB, promulgated
NESHAP for Phosphoric Acid Manufacturing Plants and Phosphate
Fertilizers Production Plants. The NESHAP established standards to
control HAP emissions from facilities producing phosphoric acid and
phosphate fertilizers. The standards were promulgated on June 10, 1999
(64 FR 31358).
On August 4, 1999, The Fertilizer Institute filed for judicial
review of the NESHAP, as provided for in CAA section 307(b), with
respect to certain provisions regarding emissions standards for
phosphate rock calciners, monitoring requirements in general, and
applicability of the general provisions.

II. Amendments Specific to Subpart AA--National Emissions Standards
for Hazardous Air Pollutants From Phosphoric Acid Manufacturing
Plants

The EPA is amending 40 CFR part 63, subpart AA, to correct errors,
to revise the emissions limit for phosphate rock calciners, to clarify
certain monitoring requirements, and to clarify applicability of
certain parts of the general provisions.

A. Standards for Existing Sources

The EPA promulgated standards for phosphate rock calciners based on
performance of the floor technology which was identical wet scrubbing
technology installed on six identical calciners at one facility, plus
data from a calciner with wet scrubbers at a second facility. The
promulgated standard under 40 CFR 63.602 for existing calciners of
0.1380 grams per dry standard cubic meter (g/dscm)(0.060 grains per dry
standard cubic foot (gr/dscf)) was based on emissions data for the
floor technology which was available to EPA at that time. Subsequent to
the petition, additional emissions and operating data from compliance
tests of those same scrubbers over a 7-year period were submitted to
EPA. The data covered a range that exceeded the promulgated standards.
Therefore, upon review of the operating and emission data from the same
scrubbers upon which the promulgated standards were based, the EPA is
changing the emission standard under 40 CFR 63.602 for existing
calciners to 0.1810 g/dscm (0.080 gr/dscf).

B. Standards for New Sources

The standards for new phosphate rock dryers in 40 CFR 63.603(c) are
being revised to correct an error in the units of the standards. The
promulgated rule included units of kilogram/metric ton per megagram of
phosphate rock feed. The standards are being corrected to units of
kilogram/megagram of phosphate rock feed.

C. Monitoring Requirements

The promulgated monitoring requirements under 40 CFR 63.605 require
the owner or operator of each new or existing phosphate rock dryer or
phosphate rock calciner to install a system to permanently record the
mass flow of feed material to the process. Due to process variations
and available measurement techniques, it is easier to accurately
measure the rock dryer and calciner outputs than to measure the input.
Therefore, the EPA is revising 40 CFR 63.605 to specify that the
phosphate rock dryer and phosphate rock calciner output rates be
monitored and recorded. That change does not affect the stringency of
the standards for those sources. Since the standards for rock dryers
under 40 CFR 63.602 and 63.603 are in the format of kilogram/megagram
or metric ton (pounds/ton) of rock feed, the owner/operator of the
source will either need to measure the feed rate and production rate
during compliance tests, or measure the product rate and the moisture
contents of the feed and output product to then calculate the feed rate
and show compliance.

III. Amendments to Both Subpart AA--National Emission Standards for
Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants
and Subpart BB--National Emission Standards for Hazardous Air
Pollutants From Phosphate Fertilizers Production Plants

The EPA is amending 40 CFR part 63, subparts AA and BB, for
applicability, monitoring requirements, and applicability of the
general provisions.

A. Applicability

The applicability criteria in 40 CFR 63.600 and 63.620 are being
clarified to state that excursions from applicable emissions limits and
operating parameter ranges during periods of startup, shutdown or
malfunction are not violations of the standards, provided the source is
operated in accordance with the Startup, Shutdown, and Malfunction Plan
submitted pursuant to 40 CFR 63.6(e)(3) and complies with the duty
pursuant to 40 CFR 63.6(e)(i) to operate in a manner consistent with
good air pollution control practices for minimizing emissions.

B. Monitoring Requirements

The monitoring requirements in 40 CFR 63.605(d) and 63.625(f) are
being clarified to specifically identify the averaging period as a
daily average. The monitoring requirements in 40 CFR 63.605(d) and
63.625(f) are being clarified to allow a source to retain a previously
established parameter range if the last compliance test shows
compliance with the emissions limits and the operating parameters fall
within the established range.
The monitoring requirements in 40 CFR 63.605(d) and 63.625(f) are
being changed to correct an error. Those sections as promulgated
require compliance with new operating parameter ranges the day after a
new compliance emissions test. That cannot be done as test samples need
to be analyzed, and any new parameter ranges need to be established.
Therefore, those

[[Page 65074]]

sections are being changed to allow 30 days after submittal of test
results to the permitting Agency before compliance with any new
operating limits is required.

C. Applicability of General Provisions

The applicability of the general provisions requirements in 40 CFR
63.608 and 63.628 both refer to an appendix A in each rule. Both
appendices list 40 CFR part 63, subpart A citations to Sec. 63.6(e)(1)
and (2), (e)(3), and (f) in the first column of each table and show a
comment column with comments regarding additional requirements. The
comments portion for the citations was erroneously included in the
promulgated rules and are deleted under this action.

IV. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that the amendments do not constitute a ``significant
regulatory action'' because they do not meet any of the above criteria.
Consequently, this action was not submitted to OMB for review under
Executive Order 12866.

B. Executive Order 13132, Federalism

Executive Order 13132, entitled ``Federalism'' (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.'' Under
Executive Order 13132, the EPA may not issue a regulation that has
federalism 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 State and local governments, or EPA consults with
State and local officials early in the process of developing the
proposed regulation. The EPA also may not issue a regulation that has
federalism implications and that preempts State law unless EPA consults
with State and local officials early in the process of developing the
proposed regulation.
If EPA complies by consulting, Executive Order 13132 requires EPA
to provide to OMB, in a separately identified section of the preamble
to the rule, a federalism summary impact statement (FSIS). The FSIS
must include a description of the extent of EPA's prior consultation
with State and local officials, a summary of the nature of their
concerns and EPA's position supporting the need to issue the
regulation, and a statement of the extent to which the concerns of
State and local officials have been met. Also, when EPA transmits a
draft final rule with federalism implications to OMB for review
pursuant to Executive Order 12866, the EPA must include a certification
from the EPA's Federalism Official stating that EPA has met the
requirements of Executive Order 13132 in a meaningful and timely
manner.
The rule amendments 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.
The rule amendments would not impose directly enforceable requirements
on States, nor would they preempt them from adopting their own more
stringent programs to control emissions. Thus, the requirements of
section 6 of the Executive Order do not apply to these rule amendments.

C. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments

Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000)
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes.''
The rule amendments do not have tribal implications. They 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. No
tribal governments are known to own or operate phosphoric acid
manufacturing facilities or phosphate fertilizers production
facilities. Thus, Executive Order 13175 does not apply to the rule
amendments.

D. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by EPA.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. These rule amendments are
not subject to Executive Order 13045 because they are based on
technology performance, not health or safety risks. Furthermore, the
rule amendments have been determined

[[Page 65075]]

not to be ``economically significant'' as defined under Executive Order
12866.

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

The direct final rule amendments are not subject to Executive Order
13211 (66 FR 28355, May 22, 2001) because they are not significant
regulatory actions under Executive Order 12866.

F. Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any 1 year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires EPA to identify and consider a reasonable number of regulatory
alternatives and adopt the least-costly, most cost-effective, or least
burdensome alternative that achieves the objectives of the rule. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Moreover, section 205 allows EPA to adopt an
alternative other than the least-costly, most cost-effective, or least-
burdensome alternative if the Administrator publishes with the final
rule an explanation why that alternative was not adopted. Before EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed, under section 203 of the UMRA, a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
Because today's amendments do not add new requirements or costs,
the EPA has determined that the rule amendments do 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 1 year. Thus, the amendments are not subject to
the requirements of sections 202 and 205 of the UMRA. In addition, the
EPA has determined that the rule amendments contain no regulatory
requirements that might significantly or uniquely affect small
governments because they contain no regulatory requirements that apply
to such governments or impose obligations upon them. Therefore, today's
rule amendments are not subject to the requirements of section 203 of
the UMRA.

G. Regulatory Flexibility Act, as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

The 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 impacts of this direct final rule on
small entities, the EPA found that 2 of the 21 firms that potentially
could be subject to the standards are small firms. Of the two, data
indicate that one is an area source which would not be covered by the
standards. The second source could be major and subject to the
requirements of the standards. Information available to EPA shows,
however, that the second source is able to achieve the control levels
associated with the promulgated rules using existing equipment. The
second source would not be significantly impacted by this proposed
action because it clarifies and makes corrections to the promulgated
rules but imposes no additional regulatory requirements.
Because today's rule amendments impose no additional regulatory
requirements on owners or operators of phosphoric acid manufacturing
plants or phosphate fertilizers production plants, the EPA has
concluded that this action will not have a significant economic impact
on a substantial number of small entities.

H. Paperwork Reduction Act

The OMB has approved the information collection requirements
contained in the phosphoric acid manufacturing and phosphate
fertilizers production NESHAP under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB Control No.
2060-0361. An Information Collection Request (ICR) document has been
prepared by EPA, and a copy may be obtained from Sandy Farmer by mail
at U.S. EPA, Office of Environmental Information, Collection Strategies
Division (2822), 1200 Pennsylvania Avenue, NW, Washington DC 20460, by
e-mail at farmer.sandy@epa.gov, or by calling (202) 260-2740.
The amendments contained in this direct final rule will have no net
impact on the information collection burden estimates made previously.
Consequently, the ICR has not been revised.

I. National Technology Transfer and Advancement Act of 1995

Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995, Public Law 104-113 (March 7, 1996), directs all
Federal agencies to use voluntary consensus standards instead of
government-unique standards in their regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., material
specifications, test methods, sampling procedures, business practices)
developed or adopted by one or more voluntary consensus bodies. The
NTTAA directs EPA to provide Congress, through annual reports to OMB,
with explanations when EPA does not use available and applicable
voluntary consensus standards.
This action does not involve the use of any new technical
standards. Accordingly, the NTTAA requirement to use applicable
voluntary consensus standards does not apply to this direct final rule.

J. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801, et seq., as NESHAP for
Phosphoric Acid Manufacturing Phosphate Fertilizers Production 22 added
by the SBREFA of 1996, generally provides that before a rule may take
effect, the agency adopting 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 this direct final rule and other required information to the
United States Senate, the United States House of Representatives, and
the Comptroller General of the United States prior to publication of
this direct final rule in the Federal Register. A major rule

[[Page 65076]]

cannot take effect until 60 days after it is published in the Federal
Register. This direct final rule is not a ``major rule'' as defined by
5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

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

Dated: December 10, 2001
Christine Todd Whitman,
Administrator.

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

PART 63--[AMENDED]

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

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

Subpart AA--[Amended]

2. Section 63.600 is amended by revising paragraph (a) and by
adding new paragraph (e) to read as follows:

Sec. 63.600 Applicability.

(a) Except as provided in paragraphs (c), (d), and (e) of this
section, the requirements of this subpart apply to the owner or
operator of each phosphoric acid manufacturing plant.
* * * * *
(e) The emission limitations and operating parameter requirements
of this subpart do not apply during periods of startup, shutdown, or
malfunction, as those terms are defined in Sec. 63.2, provided that the
source is operated in accordance with Sec. 63.6(e)(1)(i) and the
Startup, Shutdown, and Malfunction Plan submitted pursuant to
Sec. 63.6(e)(3).

3. Section 63.602 is amended by revising paragraph (d) to read as
follows:

Sec. 63.602 Standards for existing sources.

* * * * *
(d) Phosphate rock calciner. On or after the date on which the
performance test required to be conducted by Secs. 63.7 and 63.606 is
required to be completed, no owner or operator subject to the
provisions of this subpart shall cause to be discharged into the
atmosphere from any affected source any gases which contain particulate
matter in excess of 0.1810 gram per dry standard cubic meter (g/dscm)
(0.080 grains per dry standard cubic foot (gr/dscf)).
* * * * *
4. Section 63.603 is amended by revising paragraph (c) to read as
follows:

Sec. 63.603 Standards for new sources.

* * * * *
(c) Phosphate rock dryer. On or after the date on which the
performance test required to be conducted by Secs. 63.7 and 63.606 is
required to be completed, no owner or operator subject to the
provisions of this subpart shall cause to be discharged into the
atmosphere from any affected source any gases which contain particulate
matter in excess of 0.030 kilogram/megagram of phosphate rock feed
(0.060 lb/ton).
* * * * *

5. Section 63.605 is amended by:
a. Redesignating paragraph (a) as paragraph (a)(1) and revising
newly designated paragraph (a)(1);
b. Adding new paragraph (a)(2);
c. Revising paragraph (b)(2); and
d. Revising paragraphs(d)(1) and (2).
The revisions and additions read as follows:

Sec. 63.605 Monitoring requirements.

(a)(1) Each owner or operator of a new or existing wet-process
phosphoric acid process line or superphosphoric acid process line
subject to the provisions of this subpart shall install, calibrate,
maintain, and operate a monitoring system which can be used to
determine and permanently record the mass flow of phosphorus-bearing
feed material to the process. The monitoring system shall have an
accuracy of ±5 percent over its operating range.
(2) Each owner or operator of a new or existing phosphate rock
dryer or phosphate rock calciner subject to the provisions of this
subpart shall install, calibrate, maintain, and operate a monitoring
system which can be used to determine and permanently record either the
mass flow of phosphorus-bearing feed material to the dryer or calciner,
or the mass flow of product from the dryer or calciner. The monitoring
system shall have an accuracy of ±5 percent over its
operating range. Since the emissions limits under Secs. 63.602(c) and
63.603(c) for the phosphate rock dryer are in the format of kilogram/
megagram (lb/ton) of phosphate rock feed, during performance testing
required in Sec. 63.606, the owner or operator that chooses to operate
a monitoring system to determine and permanently record the mass flow
of product from the dryer must either simultaneously monitor the dryer
feed rate and dryer output rate, or monitor the dryer output rate and
the dryer input and output moisture contents and calculate the
corresponding dryer input rate.
(b)(1) * * *
(2) Each owner or operator of a new or existing phosphate rock
calciner or phosphate rock dryer subject to the provisions of this
subpart shall maintain a daily record of the following:
(i) For owners and operators that monitor the mass flow of
phosphorus-bearing feed material to the dryer or calciner, a daily
record of phosphate rock feed by determining the total mass rate in
metric ton/hour of phosphorus-bearing feed using a monitoring system
for measuring mass flowrate which meets the requirements of paragraph
(a)(2) of this section.
(ii) For owners and operators that monitor the mass flow of product
from the dryer or calciner, a daily record of product by determining
the total mass rate in metric ton/hour of product using a monitoring
system for measuring mass flowrate which meets the requirements of
paragraph (a)(2) of this section.
* * * * *
(d) * * *
(1) The allowable range for the daily averages of the pressure drop
across each scrubber and of the flow rate of the scrubbing liquid to
each scrubber in the process scrubbing system is ±20 percent
of the baseline average value determined as a requirement of
Sec. 63.606(c)(4), (d)(4), or (e)(2). The Administrator retains the
right to reduce the ±20 percent adjustment to the baseline
average values of operating ranges in those instances where performance
test results indicate that a source's level of emissions is near the
value of an applicable emissions standard, but, in no instance shall
the adjustment be reduced to less than ±10 percent. The
owner or operator must notify the Administrator of the baseline average
value and must notify the Administrator each time that the baseline
value is changed as a result of the most recent performance test. When
a source using the methodology of this paragraph is retested, the owner
or operator shall determine whether new allowable ranges of baseline
average values will be based upon the new performance test or (if the
new performance test results are within the previously established
range) whether there will be no change in the operating parameters
derived from previous tests. When a source using the methodology of
this paragraph is retested and the performance test results are
submitted to the Administrator pursuant to Secs. 63.607(c)(1),
63.7(g)(1), and/or 63.10(d)(2), the owner or operator will indicate
whether the operating range will be based on the new performance test
or the previously established range. If the Administrator has not
denied approval of the new operating ranges within 30 days of
submission of the

[[Page 65077]]

performance test results, the new ranges shall be deemed approved and
the new baseline value shall then be effective on the 31st day
following submission.
(2) The owner or operator of any new or existing affected source
shall establish, and provide to the Administrator for approval,
allowable ranges for the daily averages of the pressure drop across and
of the flow rate of the scrubbing liquid to each scrubber in the
process scrubbing system for the purpose of assuring compliance with
this subpart. Allowable ranges may be based upon baseline average
values recorded during previous performance tests using the test
methods required in Sec. 63.606(c)(4), (d)(4), or (e)(2). As an
alternative, the owner or operator can establish the allowable ranges
using the results of performance tests conducted specifically for the
purposes of this paragraph using the test methods required in this
subpart and established in the manner required in Sec. 63.606(c)(4),
(d)(4), or (e)(2). The source shall certify that the control devices
and processes have not been modified subsequent to the testing upon
which the data used to establish the allowable ranges were obtained.
The allowable ranges developed pursuant to the provisions of this
paragraph must be submitted to the Administrator for approval. The
owner or operator must request and obtain approval of the Administrator
for changes to the allowable ranges. When a source using the
methodology of this paragraph is retested, the owner or operator shall
determine new allowable ranges of baseline average values unless the
retest indicates no change in the operating parameters outside the
previously established ranges. If the Administrator has not denied
approval of the new operating ranges within 30 days of submission of
the performance test results, the new ranges shall be deemed approved
and the new baseline value shall then be effective on the 31st day
following submission.
* * * * *

6. Appendix A to subpart AA is amended by revising the entries
``63.6(e)(1) and (2),'' ``63.6(e)(3),'' and ``63.6(f)'' to read as
follows:

Appendix A to Subpart AA of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart AA
--------------------------------------------------------------------------------------------------------------------------------------------------------
40 CFR citation Requirement Applies to subpart AA Comment
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
63.6(e)(1) and (2).............. Operation & Maintenance Requirements................................. Yes.......................
63.6(e)(3)...................... Startup, Shutdown, and Malfunction Plan.............................. Yes.......................
63.6(f)......................... Compliance with Emission Standards................................... Yes.......................

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

Subpart BB--[Amended]

7. Section 63.620 is amended by revising paragraph (a) and by
adding new paragraph (e) to read as follows:

Sec. 63.620 Applicability.

(a) Except as provided in paragraphs (c), (d), and (e) of this
section, the requirements of this subpart apply to the owner or
operator of each phosphate fertilizers production plant.
* * * * *
(e) The emission limitations and operating parameter requirements
of this subpart do not apply during periods of startup, shutdown, or
malfunction, as those terms are defined in Sec. 63.2, provided that the
source is operated in accordance with Sec. 63.6(e)(1)(i) and the
Startup, Shutdown, and Malfunction Plan submitted pursuant to
Sec. 63.6(e)(3).

8. Section 63.625 is amended by revising paragraphs (f)(1) and (2)
to read as follows:

Sec. 63.625 Monitoring requirements.

* * * * *
(f) * * *
(1) The allowable range for the daily averages of the pressure drop
across each scrubber and of the flow rate of the scrubbing liquid to
each scrubber in the process scrubbing system is ±20 percent
of the baseline average value determined as a requirement of
Sec. 63.626(c)(4) or (d)(4). The Administrator retains the right to
reduce the ±20 percent adjustment to the baseline average
values of operating ranges in those instances where performance test
results indicate that a source's level of emissions is near the value
of an applicable emissions standard, but in no instance shall the
adjustment be reduced to less than ±10 percent. The owner or
operator must notify the Administrator of the baseline average value
and must notify the Administrator each time that the baseline value is
changed as a result of the most recent performance test. When a source
using the methodology of this paragraph is retested, the owner or
operator shall determine whether new allowable ranges of baseline
average values will be based upon the new performance test or (if the
new performance test results are within the previously established
range) whether there will be no change in the operating parameters
derived from previous tests. When a source using the methodology of
this paragraph is retested and the performance test results are
submitted to the Administrator pursuant to Secs. 63.627(c)(1),
63.7(g)(1), and/or 63.10(d)(2), the owner or operator will indicate
whether the operating range will be based on the new performance test
or the previously established range. If the Administrator has not
denied approval of the new operating ranges within 30 days of
submission of the performance test results, the new ranges shall be
deemed approved and the new baseline value shall then be effective on
the 31st day following submission.
(2) The owner or operator of any new or existing affected source
shall establish, and provide to the Administrator for approval,
allowable ranges for the daily averages of the pressure drop across and
of the flow rate of the scrubbing liquid to each scrubber in the
process scrubbing system for the purpose of assuring compliance with
this subpart. Allowable ranges may be based upon baseline average
values recorded during previous performance tests using the test
methods required in Sec. 63.626(c)(4) or (d)(4). As an alternative, the
owner or operator can establish the allowable ranges using the results
of performance tests conducted specifically for the purposes of this
paragraph using the test methods required in this subpart and
established in the manner required in Sec. 63.626(c)(4) or (d)(4). The
source shall certify that the control devices and processes have not
been modified subsequent to the testing upon which the data used to

[[Page 65078]]

establish the allowable ranges were obtained. The allowable ranges
developed pursuant to the provisions of this paragraph must be
submitted to the Administrator for approval. The owner or operator must
request and obtain approval of the Administrator for changes to the
allowable ranges. When a source using the methodology of this paragraph
is retested, the owner or operator shall determine new allowable ranges
of baseline average values unless the retest indicates no change in the
operating parameters outside the previously established ranges. If the
Administrator has not denied approval of the new operating ranges
within 30 days of submission of the performance test results, the new
ranges shall be deemed approved and the new baseline value shall then
be effective on the 31st day following submission.

9. Appendix A to subpart BB is amended by revising the entries
``63.6(e)(1) and (2),'' ``63.6(e)(3),'' and ``63.6(f)'' to read as
follows:

Appendix A to Subpart BB of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart BB
--------------------------------------------------------------------------------------------------------------------------------------------------------
40 CFR citation Requirement Applies to subpart BB Comment
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 01-31009 Filed 12-14-01; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

National Emission Standards for Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants and Phosphate Fertilizers Production Plants

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