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National Emission Standards for Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants and Phosphate Fertilizers Production Plants
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 17, 2001 (Volume 66, Number 242)]
[Proposed Rules]
[Page 65079-65080]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de01-15]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-7118-6]
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: Proposed rule; amendments.
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SUMMARY: The EPA is proposing 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). This action proposes to amend specific provisions
in the NESHAP to resolve issues and questions raised after promulgation
of the NESHAP. The proposed amendments would revise the emissions limit
for phosphate rock calciners and clarify several provisions regarding
parameter monitoring and the applicability of the general provisions.
In the Rules and Regulations section of this Federal Register, we
are making the corrections in a direct final rule, without prior
proposal, because we view the revisions as noncontroversial, and we
anticipate no adverse comments. We have explained our reasons for the
corrections in the preamble to the direct final rule.
If we receive no adverse comments, we will take no further action
on this proposed rule. If we receive adverse comments, we will publish
a timely withdrawal of the direct final rule in the Federal Register.
All public comments will be addressed in a subsequent final rule based
on this proposed rule. We will not institute a second comment period on
that subsequent final rule. Any parties interested in commenting must
do so at this time.
DATES: Comments. Written comments must be received by January 16, 2002,
unless a hearing is requested by December 27, 2001. If a hearing is
requested, written comments must be received by January 31, 2002.
Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing by December 27, 2001, a public hearing will be held on
January 2, 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 that a separate copy of each public comment be sent to
the contact person listed below (see FOR FURTHER INFORMATION CONTACT).
Comments may also be submitted electronically by following the
instructions provided in SUPPLEMENTARY INFORMATION.
Public Hearing. If a public hearing is held, it will be held at the
EPA's Office of Administration Auditorium, Research Triangle Park,
North Carolina at 10:30 a.m.
Docket. Docket No. A-94-02 contains supporting information used in
developing the NESHAP. The docket is located at the U.S. EPA, 401 M
Street, SW., Washington, DC 20460 in Room M-1500, Waterside Mall
(ground floor), and may be inspected from 8:00 a.m. to 5:30 p.m.,
Monday through Friday, excluding legal holidays.
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 27711, telephone
number (919) 541-5422, facsimile number (919) 541-5600, electronic mail
(e-mail) address: medley.tanya@epa.gov.
SUPPLEMENTARY INFORMATION: A direct final rule identical to this
proposal is published in the Rules and Regulations section of this
Federal Register. If relevant adverse comments are received on this
proposal, the direct final rule will be withdrawn and the comments will
be addressed in a subsequent final rule. If relevant adverse comments
are received only on a discrete portion of the rule, we will consider
withdrawing only that portion of the rule. If no relevant adverse
comments are received, no further action will be taken on this proposal
and the direct final will become effective as provided in that notice.
The regulatory text for this proposal is identical to that for the
direct final rule published in the Rules and Regulations section of
this Federal Register. For further supplementary information, see the
direct final rule.
Comments. Comments and data may be submitted by e-mail to: a-and-r-
docket@epa.gov. Electronic comments must be submitted as an ASCII file
to avoid the use of special characters and encryption problems and will
also be accepted on disks in WordPerfect format. All comments and data
submitted in electronic form must note the docket number A-94-02. No
confidential business information (CBI) should be submitted by e-mail.
Electronic comments may be filed online at many Federal Depository
Libraries.
Commenters wishing to submit proprietary information for
consideration must clearly distinguish such information from other
comments and clearly label it as CBI. Send submissions containing such
proprietary information directly to the following address, and not to
the public docket, to ensure that proprietary information is not
inadvertently placed in the docket: OAQPS Document Control Officer, MC-
C404-02, Attn: Ms. Tanya Medley, U.S. EPA, Research Triangle Park, NC
27709. The EPA will disclose information identified as CBI only to the
extent allowed by the procedures set forth in 40 CFR part 2. If no
claim of confidentiality accompanies a submission when it is received
by EPA, the information may be made available to the public without
further notice to the commenter.
Public Hearing
Persons interested in presenting oral testimony or inquiring as to
whether a hearing is to be held should contact Ms. Tanya Medley, U.S.
EPA, MC-C504-05, Research Triangle Park, NC 27709, telephone (919) 541-
5422, at least 2 days in advance of the public hearing. Persons
interested in attending the public hearing must also call Ms. Tanya
Medley to verify the time, date, and location of the hearing. The
public hearing will provide interested parties the opportunity to
present data, views, or arguments concerning these proposed amendments.
Docket
The docket is an organized and complete file of all the information
considered by the EPA in the development of this 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. (See section
[[Page 65080]]
307(d)(7)(A) of the CAA.) The regulatory text and other materials
related to this rulemaking are available for review in the docket or
copies may be mailed on request from the Air Docket by calling (202)
260-7548. A reasonable fee may be charged for copying docket materials.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this proposed rule will also be available through
the WWW. Following signature, a copy of this action will be posted on
the 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
The regulated category and entities affected by this action
include:
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Source category SIC NAICS Examples of regulated entities
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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).
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This table is not intended to be exhaustive, but rather provides a
guide for readers likely to be interested in the revisions to the rule
affected 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
these proposed amendments to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
What Are the Administrative Requirements for This Action?
For a complete discussion of all of the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.
Regulatory Flexibility Act (RFA), 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 proposed 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 the proposed rule amendments impose no additional
regulatory requirements on owners or operators of phosphoric acid
manufacturing plants or phosphate fertilizers production plants, I
certify that this action will not have a significant economic impact on
a substantial number of small entities.
For information regarding other administrative requirements for
this action, please see the direct final rule action that is located in
the Rules and Regulations section of this Federal Register publication.
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.
[FR Doc. 01-31010 Filed 12-14-01; 8:45 am]
BILLING CODE 6560-50-P