National Emission Standards for Hazardous Air Pollutants for Area Sources: Prepared Feeds Manufacturing, 36980-36994 [E9-17826]
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Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Proposed Rules
List of Subjects in 40 CFR Part 52
Environmental Protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Volatile organic compounds, Ozone,
Sulfur oxides, Nitrogen dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 7, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9–17823 Filed 7–24–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0353; FRL–8935–3]
Revisions to the California State
Implementation Plan, California Air
Resources Board Consumer Products
Regulations; Extension of Comment
Period
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
comment period.
SUMMARY: The EPA is announcing an
extension of the public comment period
for the proposed rule entitled
‘‘Revisions to the California State
Implementation Plan, California Air
Resources Board Consumer Products
Regulations.’’ The proposed rule was
initially published in the Federal
Register on June 26, 2009. Written
comments on the proposed rule were to
be submitted to EPA on or before July
27, 2009 (30-day comment period). The
EPA is extending the public comment
period until August 27, 2009.
DATES: The comment period for the
proposed rule published June 26, 2009
(74 FR 30481), is extended. Comments
must be received on or before August
27, 2009.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2009–0353, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
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provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or e-mail.
https://www.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send email directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Stanley Tong, EPA Region IX, (415)
947–4122, tong.stanley@epa.gov.
The
proposed rule was signed by the Acting
Regional Administrator on June 17,
2009 and published in the Federal
Register on June 26, 2009 (74 FR 30481).
The proposed action provided a 30day public comment period. EPA has
received a request for an additional 30
days to comment on the proposed rule
and is granting that request. Therefore,
EPA is extending the comment period
until August 27, 2009.
SUPPLEMENTARY INFORMATION:
Dated: July 17, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E9–17832 Filed 7–24–09; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2008–0080; FRL–8935–1]
RIN 2060–AO98
National Emission Standards for
Hazardous Air Pollutants for Area
Sources: Prepared Feeds
Manufacturing
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing national
emissions standards for control of
hazardous air pollutants from prepared
feeds manufacturing facilities. The
proposed emissions standards for new
and existing sources are based on EPA’s
proposed determination as to what
constitutes the generally available
control technology or management
practices for the area source category.
DATES: Comments must be received on
or before August 26, 2009, unless a
public hearing is requested by August 6,
2009. If a hearing is requested on the
proposed rules, written comments must
be received by September 10, 2009.
Under the Paperwork Reduction Act,
comments on the information collection
provisions must be received by Office of
Management and Budget (OMB) on or
before August 26, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2008–0080, may be submitted by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web Site: https://
www.epa.gov/oar/docket.html. Follow
the instructions for submitting
comments on the EPA Air and Radiation
Docket Web Site.
• E-mail: Comments may be sent by
electronic mail (e-mail) to a-and-rdocket@epa.gov, include Docket ID No.
EPA–HQ–OAR–2008–0080 in subject
line of the message.
• Fax: Fax your comments to: (202)
566–9744, Docket ID No. EPA–HQ–
OAR–2008–0080.
• Mail: Send your comments to: Air
and Radiation Docket and Information
Center, Environmental Protection
Agency, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington,
DC 20460, Docket ID No. EPA–HQ–
OAR–2008–0080. Please include a total
of two copies. In addition, please mail
a copy of your comments on the
information collection provisions to the
Office of Information and Regulatory
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Affairs, OMB, Attn: Desk Officer for
EPA, 725 17th St., NW., Washington, DC
20503.
• Hand Delivery or Courier: Deliver
your comments to: EPA Docket Center,
Public Reading Room, EPA West, Room
3334, 1301 Constitution Ave., 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: All submissions must
include the agency name and docket
number or Regulatory Information
Number (RIN) for this rulemaking. All
comments will be posted without
change and may be made available
online at https://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 https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see the ‘‘Public Participation’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy form. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the EPA Center EPA Docket Center,
1301 Constitution Ave., NW., Room
3334, Washington, DC 20460. 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: Ms.
Jan King, Outreach and Information
Division, Office of Air Quality Planning
and Standards (C404–05), U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711, telephone number: (919) 541–
5665; fax number: (919) 541–7674;
e-mail address: king.jan@epa.gov.
SUPPLEMENTARY INFORMATION:
Outline. The information in this
preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my
comments to EPA?
C. Where can I get a copy of this
document?
D. When would a public hearing occur?
II. Background Information for Proposed Area
Source Standards
A. What is the statutory authority and
regulatory approach for the proposed
standards?
B. What source category is affected by the
proposed standards?
C. What are the production operations,
emission sources, and available controls?
III. Summary of This Proposed Rule
NAICS code 1
Category
Industry:
Other Animal Foods Manufacturing .....................................
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1 North
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A. What are the applicability provisions
and compliance dates?
B. What are the proposed standards?
C. What are the compliance requirements?
D. What are the notification,
recordkeeping, and reporting
requirements?
IV. Rationale for This Proposed Rule
A. How did we select the affected source?
B. How did we ensure that the listed HAP
are addressed by this rule?
C. How did we subcategorize the Prepared
Feeds Manufacturing source category?
D. How did we determine GACT?
E. How did we select the compliance
requirements?
F. How did we decide to exempt this area
source category from Title V permit
requirements?
V. Summary of Impacts of the Proposed
Standards
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
I. General Information
A. Does this action apply to me?
The regulated categories and entities
potentially affected by the proposed
standards are prepared feeds
manufacturers who add chromium
compounds or manganese compounds
to their product. In general, the facilities
potentially affected by the rule are
covered under the North American
Industrial Classification System
(NAICS) code listed in the following
table.
Examples of regulated entities
Animal feeds, prepared (except dog and cat), manufacturing.
American Industry Classification System.
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 would be
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regulated by this action, you should
examine the applicability criteria in 40
CFR 63.11619 of subpart DDDDDDD
(NESHAP for Area Sources: Prepared
Feeds Manufacturing). If you have any
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questions regarding the applicability of
this action to a particular entity, consult
either the air permit authority for the
entity or your EPA regional
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representative as listed in 40 CFR 63.13
of subpart A (General Provisions).
II. Background Information for
Proposed Area Source Standards
B. What should I consider as I prepare
my comments to EPA?
A. What is the statutory authority and
regulatory approach for the proposed
standards?
Do not submit information containing
CBI to EPA through https://
www.regulations.gov or e-mail. Send or
deliver information identified as CBI
only to the following address: Roberto
Morales, OAQPS Document Control
Officer (C404–02), Office of Air Quality
Planning and Standards, U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711, Attention Docket ID EPA–HQ–
OAR–2008–0080. Clearly mark the part
or all of the information that you claim
to be CBI. For CBI information in a disk
or CD–ROM that you mail to EPA, mark
the outside of the disk or CD–ROM as
CBI and then identify electronically
within the disk or CD–ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
C. Where can I get a copy of this
document?
In addition to being available in the
docket, an electronic copy of this
proposed action will also be available
on the Worldwide Web (WWW) through
the Technology Transfer Network
(TTN). Following signature, a copy of
this proposed action will be posted on
the TTN’s policy and guidance page for
newly proposed or promulgated rules at
the following address: https://
www.epa.gov/ttn/oarpg/. The TTN
provides information and technology
exchange in various areas of air
pollution control.
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D. When would a public hearing occur?
If anyone contacts EPA requesting to
speak at a public hearing concerning the
proposed rule by August 6, 2009, we
will hold a public hearing on August 11,
2009. Persons interested in presenting
oral testimony at the hearing, or
inquiring as to whether a hearing will be
held, should contact Ms. Christine
Adams at (919) 541–5590 at least two
days in advance of the hearing. If a
public hearing is held, it will be held at
10 a.m. at the EPA’s Environmental
Research Center Auditorium, 109 T.W.
Alexander Drive, Research Triangle
Park, NC, or an alternate site nearby.
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Section 112(d) of the Clean Air Act
(CAA) requires us to establish national
emission standards for hazardous air
pollutants (NESHAP) for both major and
area sources of hazardous air pollutants
(HAP) that are listed for regulation
under CAA section 112(c). A major
source emits or has the potential to emit
10 tons per year (tons/yr) or more of any
single HAP or 25 tons/yr or more of any
combination of HAP. An area source is
a stationary source that is not a major
source.
Section 112(k)(3)(B) of the CAA calls
for EPA to identify at least 30 HAP
which, as the result of emissions from
area sources, pose the greatest threat to
public health in the largest number of
urban areas. EPA implemented this
provision in 1999 in the Integrated
Urban Air Toxics Strategy (Strategy), (64
FR 38715, July 19, 1999). Specifically,
in the Strategy, EPA identified 30 HAP
that pose the greatest potential health
threat in urban areas, and these HAP are
referred to as the ‘‘30 urban HAP.’’
Section 112(c)(3) requires EPA to list
sufficient categories or subcategories of
area sources to ensure that area sources
representing 90 percent of the emissions
of the 30 urban HAP are subject to
regulation. A primary goal of the
Strategy is to achieve a 75 percent
reduction in cancer incidence
attributable to HAP emitted from
stationary sources.
Under CAA section 112(d)(5), we may
elect to promulgate standards or
requirements for area sources ‘‘which
provide for the use of generally
available control technologies or
management practices (‘‘GACT’’) by
such sources to reduce emissions of
hazardous air pollutants.’’ Additional
information on GACT is found in the
Senate report on the legislation (Senate
Report Number 101–228, December 20,
1989), which describes GACT as:
* * * methods, practices and techniques
which are commercially available and
appropriate for application by the sources in
the category considering economic impacts
and the technical capabilities of the firms to
operate and maintain the emissions control
systems.
Consistent with the legislative history,
we can consider costs and economic
impacts in determining GACT, which is
particularly important when developing
regulations for source categories that
may have many small businesses such
as this one.
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Determining what constitutes GACT
involves considering the control
technologies and management practices
that are generally available to the area
sources in the source category. We also
consider the standards applicable to
major sources in the same industrial
sector to determine if the control
technologies and management practices
are transferable and generally available
to area sources. In appropriate
circumstances, we may also consider
technologies and practices at area and
major sources in similar categories to
determine whether such technologies
and practices could be considered
generally available for the area source
category at issue. Finally, as noted
above, in determining GACT for a
particular area source category, we
consider the costs and economic
impacts of available control
technologies and management practices
on that category.
We are proposing these national
emission standards in response to a
court-ordered deadline that requires
EPA to issue standards for this source
category, listed pursuant to section
112(c)(3) and (k) by August 17, 2009
(Sierra Club v. Johnson, no. 01–1537,
D.D.C., March 2006). Other rulemakings
will include standards for the remaining
source categories that are due in October
2009.
B. What source category is affected by
the proposed standards?
The source category affected by the
proposed standards is prepared feeds
manufacturers (except for dog and cat
food) who add chromium compounds or
manganese compounds to their product.
We listed the prepared feed source
category under CAA section 112(c)(3) in
one of a series of amendments
(November 22, 2002, 67 FR 70427) to
the original source category list
included in the 1999 Strategy. The
inclusion of this source category of the
section 112(c)(3) area source category
list is based on 1990 emissions data, as
EPA used 1990 as the baseline year for
that listing. Section 112(c)(3) requires
EPA to list sufficient categories or
subcategories of area sources to ensure
that area sources representing 90
percent of the emissions of the 30 urban
HAP are subject to regulation.
In preparing this proposed rule, we
solicited information on the production
operations, emission sources, and
available controls using written facility
surveys from, and operating permits for,
prepared feed manufacturing area
sources, as well as from reviews of
published literature. We also held
discussions with trade association and
industry representatives. From this
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research we found that the prepared
feeds manufacturing area source
category emits the listed urban HAP
chromium compounds and manganese
compounds. Based on current
information, including the 2002 Census,
we believe that there are around 1,800
area source prepared feed
manufacturing facilities currently
operating that add chromium
compounds or manganese compounds
to their products that would be subject
to the proposed area source standards.
These proposed standards do not apply
to research and development facilities,
as defined in section 112(c)(7) of the
CAA.
C. What are the production operations,
emission sources, and available
controls?
Prepared feeds manufacturers
produce feeds for large and small
animals, from hamsters and gerbils to
farm animals. Over 200 ingredients may
be used in feed production operations
including grain and byproducts such as
meat meal, bone meal, beet, and tomato
pulp. Medicinals, vitamins, and
minerals are also added in small
portions.
Grain is usually received at the mill
by hopper bottom truck and/or rail cars,
or in some cases, by barge. Most mills
pass selected feed ingredients, primarily
grains, through cleaning equipment
prior to storage. Upon removal from
storage, the grain is transferred to the
grinding area, where selected whole
grains, primarily corn, are ground prior
to mixing with other feed components.
The hammermill is the most widely
used grinding device. The pulverized
material is forced out of the mill
chamber when it is ground finely
enough to pass through the perforations
in the mill screen.
Mixing is the most important process
in feed milling and is normally a batch
process. Ingredients, including those
containing chromium compounds and
manganese compounds, are weighed on
bench or hopper scales before mixing.
Mixers may be horizontal or vertical
type, using either screws or paddles to
move the ingredients.
The material leaving the mixer is
meal, or mash, and may be marketed in
this form. If pellets are to be made, the
meal is conditioned with steam prior to
being pelleted. Pelleting is a process in
which the conditioned meal is forced
through dies. Pellets are usually 3.2 to
19 mm (1⁄8 to 3⁄4 in.) in diameter. After
pelleting, pellets are dried and cooled in
pellet coolers. If pellets are to be
reduced in size, they are passed through
a crumbler, or granulator. This machine
is a roller mill with corrugated rolls.
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Crumbles must be screened to remove
fines and oversized materials. The
product is sent to storage bins and then
bagged or shipped in bulk.
In modern feed mills, transport
equipment is often connected with
closed spouting and turnheads, covered
drag and screw conveyors, and tightly
sealed transitions between adjoining
equipment to reduce internal dust loss
and consequent housekeeping costs.
Some older facilities have also upgraded
to these closed systems.
Emission sources where chromium
compound and manganese compound
emissions may occur include handling
and storage of these compounds,
mixing, storage of the meal or mash,
steam conditioning, pelleting and pellet
cooling, crumbling and screening,
bagging, and bulk shipment loading to
trucks or rail cars. Pelleting and pellet
cooling is the most significant source of
emissions, estimated to emit 90 percent
or more of the total chromium
compound and manganese compound
emissions.
The chromium compounds and
manganese compounds emitted
comprise a small fraction of the total
particulate matter (PM) emissions from
prepared feed mills. Fabric filters and
cyclones are commonly used to control
PM, including the chromium
compounds and manganese compounds,
from the pelleting and pellet cooling
process. These control devices are also
used less frequently for other processes
at prepared feed mill facilities. For some
processes and areas, facilities use the
pollution prevention technique of
closed loop systems that return
collected PM (including chromium
compounds and manganese
compounds) to the process. We believe
that over half of the facilities have these
closed loop systems for their mixing/
grinding processes and for their
conveyers. Common management
practices that reduce chromium
compound and manganese compound
emissions include continual
housekeeping to reduce dust that might
contain these HAP compounds by
vacuuming or sweeping, keeping doors
closed to prevent air flow that would
‘‘stir-up’’ dust, preventative equipment
maintenance, careful handling of
chromium- and manganese-containing
micronutrients, and the use of devices
to reduce emissions during the loading
of product on to trucks and railcars.
III. Summary of This Proposed Rule
A. What are the applicability provisions
and compliance dates?
The proposed subpart DDDDDDD
standards would apply to each new or
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existing prepared feeds manufacturing
facility that is an area source and adds
chromium compounds or manganese
compounds to any of their products.
All existing area source facilities
subject to this proposed rule would be
required to comply with the rule
requirements no later than two years
after the date of publication of the final
rule in the Federal Register. Based on
our assessment, there will be around 32
facilities that will need to evaluate,
purchase, and install add-on control
equipment for their pelleting operations.
We believe that the two-year period
provides sufficient time for this to
occur. In addition, since the vast
majority of the companies in this area
source category are small businesses
and may not have significant experience
complying with federal rules, we
believe that this time period would also
provide opportunity for all companies
to prepare adequately.
A new source is any affected source
that commences construction or
reconstruction after July 27, 2009. All
new sources would be required to
comply with the rule requirements by
the date of publication of the final rule
in the Federal Register or upon startup,
whichever is later.
B. What are the proposed standards?
The proposed standards include
management practices and equipment
standards that will reduce emissions of
chromium compounds and manganese
compounds at prepared feed
manufacturing facilities. These practices
and standards will also result in
reductions of PM and other metal HAP
emissions from the affected processes at
prepared feed manufacturing facilities.
The proposed requirements, which
apply to all new and existing sources,
consist of general management practices
that apply in all areas of the affected
sources and requirements for specific
processes or areas of an affected source.
One proposed general management
practice that would apply to all new and
existing sources in all areas of the
affected source is minimizing excess
dust that could contain chromium
compounds or manganese compounds.
This would be achieved through
practices including, but not limited to,
the use of industrial vacuum systems or
manual sweeping; monthly dust
removal from walls, ledges, and
equipment using low pressure air or by
other means and then sweeping or
vacuuming the area; and by keeping
doors shut. The second general
management practice is the requirement
to maintain and operate all process
equipment that stores, processes, or
contains chromium compounds or
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manganese compounds in a manner to
minimize dust creation.
The proposed requirements that
would apply to all new and existing
sources which are specific to certain
areas of the plant or processes are as
follows:
• For the storage area, all raw
materials containing chromium
compounds or manganese compounds
must be stored in closed containers.
• For mixing operations, materials
containing chromium compounds or
manganese compounds must be added
to the mixer in a manner to reduce
emissions, and the mixer must be
covered at all times when mixing is
occurring, except when materials are
being added.
• For bulk loading operations, filter
drop socks must be used when loading
product containing chromium
compounds or manganese compounds
into trucks or railcars.
In addition to the above requirements
that apply to all facilities, new and
existing facilities with average daily
feed production levels exceeding 50
tons per day would be required to
install and operate a cyclone to reduce
emissions from pelleting and pellet
cooling operations. Specifically, the
proposed rule would require that
emissions of PM that include chromium
compounds or manganese compounds
would be required to be collected and
routed to a cyclone that is designed to
achieve at least 95 percent reduction in
PM less than 10 microns in diameter
(PM10) and that is operated properly
and in accordance with the equipment
manufacturers specifications.
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C. What are the compliance
requirements?
For all new and existing sources,
compliance with the proposed
regulation would be demonstrated
through installation of the required
equipment, adherence to the
management practices, and by keeping
the required records and submitting the
required notifications and reports
described below.
To ensure that the cyclone for the
pelleting and pellet cooling process is
operated properly at facilities with
average daily feed production levels
exceeding 50 tons per day, the proposed
rule would require that the cyclone be
inspected quarterly for corrosion,
erosion, or any other damage that could
result in air in-leakage, and that the
pressure drop be monitored and
recorded daily to ensure that it is being
operated in accordance with the
equipment manufacturer’s
specifications.
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The proposed rule would also require
that the filter drop socks on the bulk
loading operations be inspected
monthly to ensure that they are in good
condition.
D. What are the notification,
recordkeeping, and reporting
requirements?
All new and existing sources would
be required to comply with some
requirements of the General Provisions
(40 CFR part 63, subpart A), which are
identified in Table 1 of this proposed
rule. The General Provisions include
specific requirements for notifications,
recordkeeping, and reporting. Each
facility would be required to submit an
Initial Notification and a one-time
Notification of Compliance Status
according to the requirements in 40 CFR
63.9 in the General Provisions. The
Initial Notification, which would be
required to be submitted not later than
120 days after the final rule is published
in the Federal Register, would contain
basic information about the facility and
its operations. The Notification of
Compliance Status, which would be
required to be submitted 120 days after
the compliance date, would contain a
statement that the source has complied
with all relevant standards. It would
also be required to include the pressure
drop range that constitutes proper
operation of the cyclone used to reduce
emissions from the pelleting and pellet
cooling operations.
The proposed rule would require that
records be kept of all notifications. The
proposed rule requires that records be
kept documenting each cyclone or drop
filter sock inspection, and each pressure
drop monitoring event. The proposed
rule further requires that a record be
created monthly that certifies that all
management practices have been
followed. The records must also include
the results of each inspection (including
any actions taken in response to
findings of the inspections), and each
monitoring event. The proposed rule
includes the requirement to prepare an
annual compliance certification, which
would need to be maintained on site.
This report would contain a statement
whether the source has complied with
all relevant standards and other
requirements of the final rule. If a
deviation from the standard occurred
during the annual reporting period, or if
an instance occurred where the cyclone
pressure drop was outside of the proper
operating range submitted in the
Notification of Compliance Status
report, this information would be
required to be included in the annual
report and the report would need to be
submitted to the EPA Administrator or
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the designated authority by March 15 of
the same year. All records are required
to be maintained in a form suitable and
readily available for expeditious review,
and that they are kept for at least five
years, the first two of which must be
onsite.
IV. Rationale for This Proposed Rule
A. How did we select the affected
source?
Affected source means the collection
of equipment and processes in the
source category or subcategory to which
the subpart applies. The affected source
may be the same collection of
equipment and processes as the source
category or it may be a subset of the
source category. We are proposing to
designate as the affected source in this
area source NESHAP those prepared
feeds manufacturing operations that
emit chromium compounds and
manganese compounds. Specifically,
the proposed rule defines the affected
source as the collection of all equipment
and activities necessary to perform
prepared feeds manufacturing
operations from the point in the process
where chromium compounds or
manganese compounds are added to the
point where the finished prepared feed
product leaves the facility. This
includes, but is not limited to, areas
where materials containing chromium
compounds and manganese compounds
are stored and areas where the
chromium compounds and manganese
compounds are temporarily stored prior
to addition to the feed at the mixer, as
well as mixing and grinding processes,
pelleting and pellet cooling processes,
packing and bagging processes,
crumblers and screens, bulk loading
operations, and all conveyors and other
equipment that transfer the feed
materials throughout the manufacturing
facility.
B. How did we ensure that the listed
HAP are addressed by this rule?
In selecting the proposed emission
standards, we are using PM as a
surrogate for chromium compounds and
manganese compounds. A sufficient
correlation exists between PM and
chromium compounds and manganese
compounds to rely on PM as a surrogate
for these HAP and for their control.
When released, chromium compounds
and manganese compounds are in
particle form and behave as PM. The
control technologies used for the control
of PM emissions achieve comparable
levels of performance on chromium
compounds and manganese compounds
emissions. Therefore, standards
requiring good control of PM also
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achieve good control of chromium
compounds and manganese compounds.
Furthermore, establishing chromium
compound and manganese compound
standards would impose costly and
significantly more complex compliance
and monitoring requirements and
achieve little, if any, HAP emissions
reductions beyond what would be
achieved using an approach based on
total PM control. Therefore, we decided
to propose standards for prepared feeds
manufacturing based on control of PM
as a surrogate pollutant for chromium
compounds and manganese compounds.
C. How did we subcategorize the
Prepared Feeds Manufacturing source
category?
hsrobinson on PROD1PC76 with PROPOSALS
As part of the GACT analysis, we
considered whether there were
differences in processes, sizes, or other
factors affecting emissions and control
technologies that would warrant
subcategorization of the Prepared feeds
manufacturing area source category.
Under section 112(d)(1) of the CAA,
EPA ‘‘may distinguish among classes,
types, and sizes within a source
category or subcategory in establishing
such standards’’. In our review of
available data, we observed differences
between prepared feeds manufacturing
facilities based on production levels. We
estimate that the emissions for a typical
small facility are only around 10 percent
of the level of emissions at a typical
larger facility.1 There are also
considerable differences in the emission
stream flow rates at larger facilities, as
they are, on average, around five times
greater than the flow rates at the smaller
facilities.2 Based on these differences,
we determined that subcategorization of
the Prepared Feeds Manufacturing
source category was justified.
Consequently, we are proposing to
subcategorize the Prepared Feeds
Manufacturing source category into
‘‘small’’ and ‘‘large’’ facilities. The
proposed threshold that we selected to
distinguish between large and small
facilities is a prepared feeds
manufacturing rate of 50 tons per day,
which as the record demonstrates,
represents the characteristics mentioned
above. We are specifically requesting
comment on whether this production
rate is the most appropriate level to
1 Memorandum. Jones, N. and Norwood, P.,
EC/R Incorporated, to King, J., EPA/OAQPS/OID.
Baseline Emissions for the Prepared Feeds
Manufacturing Area Source Category. February 27,
2009.
2 Memorandum. Jones, N. and Norwood, P.,
EC/R Incorporated, to King, J., EPA/OAQPS/OID.
Summary of Information Obtained from Industry
Survey for the Prepared Feeds Manufacturing Area
Source Category. February 27, 2009.
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define the differences between the small
and large prepared feeds manufacturing
subcategories.
D. How did we determine GACT?
As provided in CAA section 112(d)(5),
we are proposing standards representing
GACT for the prepared feeds
manufacturing source HAP emissions.
As noted in section II.A of this
preamble, the statute allows the Agency
to establish standards for area sources
listed pursuant to section 112(c) based
on GACT. The statute does not set any
condition precedent for issuing
standards under section 112(d)(5) other
than that the area source category or
subcategory at issue must be one that
EPA listed pursuant to section 112(c),
which is the case here.
As noted above, we solicited
information on the available controls
and management practices for this area
source category using written facility
surveys, reviews of published literature,
and reviews of operating permits. We
also held discussions with trade
association and industry
representatives. Our determination of
GACT is based on this information. We
also considered costs and economic
impacts in determining GACT.
We identified two general
management practices that reduce
chromium compound and manganese
compound emissions for all processes
and in all areas of small and large
prepared feed manufacturing facilities.
The first were continual housekeeping
practices to reduce dust that can contain
chromium compounds and manganese
compounds. Examples of these
housekeeping practices include
removing dust with industrial vacuum
systems or by manual sweeping;
periodically removing dust from walls,
ledges, and equipment using low
pressure air or by other means and then
sweeping or vacuuming the area; and
keeping doors closed to avoid spreading
dust throughout the facility. The second
management practice identified was the
proper maintenance and operation of all
process equipment that stores,
processes, or contains chromium
compounds or manganese compounds
to minimize dust creation.
We believe that every prepared feed
facility already employs these practices.
Therefore, the proposed rule includes
these general practices as GACT for
small and large prepared feeds
manufacturing facilities. We are,
however, requesting comment on the
particular requirements listed above
under the first management practice
(vacuuming/sweeping, removing dust
from walls, etc., and keeping doors
closed). Specifically, we would like to
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know if there are additional general
management practices that are
commonly used throughout prepared
feeds manufacturing facilities that
should be included in this list of
requirements. We are also asking for
specific maintenance activities and
operational practices that would be
appropriate to include that would
strengthen the second general
management practice.
In addition, we evaluated other
process-specific or area-specific
measures and controls in our analysis.
The following discussion is organized
according to these processes/areas.
Storage Areas. For those facilities that
provided information on the area where
micronutrients containing chromium
compounds and manganese compounds
are stored, 100 percent of both large and
small prepared feeds manufacturing
facilities reported that these materials
were stored in closed containers. There
were no other measures or controls
reported. Therefore, in addition to the
general requirements to minimize dust
and maintain equipment throughout the
facility, we determined that GACT for
the storage areas at small and large
facilities included the requirement that
any raw materials containing chromium
compounds or manganese compounds
be stored in closed containers.
Mixing Processes. Facilities routinely
are careful to minimize losses during
the mixing process of the expensive
micronutrients that contain chromium
compounds and manganese compounds.
This also minimizes chromium
compound and manganese compound
emissions. The measures employed
include adding materials carefully and
keeping the mixer covered after they are
added when mixing is occurring. We
believe that every prepared feed facility
employs these practices and that they
represent GACT.
In addition, control devices to reduce
emissions from mixing operations were
reported in a few instances (24 percent
of facilities surveyed). We estimated the
cost effectiveness of requiring the
uncontrolled mixing operations to
install add-on controls at small prepared
feeds manufacturing facilities to be
around $127 million per ton of
chromium compound and manganese
compound emission reduction and
$380,000 and $1.6 million per ton of PM
and PM2.5, respectively. For the larger
facilities, we estimated the cost
effectiveness to be around $18 million
per ton of chromium and manganese
compound emission reduction, $55,000
per ton of PM reduction, and $240,000
per ton of PM2.5 reduction. Because only
a minority of facilities have installed
these control devices and because the
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cost effectiveness is higher than we
generally consider reasonable, we are
not proposing that add-on control
represents GACT for mixing operations.
Therefore, in addition to the general
requirements to minimize dust and
maintain equipment throughout the
facility, we are proposing that GACT for
the mixing processes at small and large
prepared feeds manufacturing facilities
include the requirements to (1) add
materials containing chromium
compounds or manganese compounds
to the mixer in a manner that minimizes
emissions, and (2) cover the mixer at all
times when materials containing
chromium compounds or manganese
compounds are being used. We are
asking for comment on specific
measures that would be appropriate to
include to strengthen the proposed
requirement to minimize emissions
when materials are being added to the
mixer.
Pelleting and pellet cooling. For
pelleting and pellet cooling processes,
add-on controls were reported for
almost 98 percent of the larger facilities,
but only around 20 percent of the
smaller facilities For the larger facilities,
we estimated that requiring the
additional 2 percent of the larger
facilities to install cyclones would cost
around $300,000 per ton of chromium
compound and manganese compound
reduction, $1,000 per ton of PM
emission reduction, and $4,000 per ton
of PM2.5 reduction. We concluded that
these costs were reasonable in
consideration of the emission
reductions achieved, and determined
that the use of cyclones to reduce
emissions from pelleting cooling
operations was GACT for large prepared
feeds manufacturing facilities.
Therefore, in addition to the general
requirements to minimize dust and
maintain equipment throughout the
facility, we are proposing that GACT for
large prepared feeds manufacturing
facilities include the requirements that
all chromium compound and
manganese compound emissions from
pelleting and pellet cooling operations
must be captured and routed to a
cyclone. The information provided via
the industry survey did not include
specific details about the performance of
these cyclones, but we believe that
properly designed cyclones should be
able to achieve 95 percent reduction in
PM emissions. This belief is based on
follow-up of the survey responses and
information obtained from cyclone
vendors. Therefore, we are proposing
that the cyclones be designed to achieve
at least 95 percent reduction in PM10.
We are specifically requesting comment
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on this 95 percent efficiency
requirement. In addition, we are
requesting comment on whether control
devices other than cyclones are used to
reduce PM emissions from pelleting and
pellet cooling. If other devices are used,
we would request information that
demonstrates that these devices are at
least equivalent to the required
cyclones, and the monitoring techniques
utilized to ensure that they are operating
properly.
We also evaluated the impacts of
requiring the installation of cyclones at
all facilities in the small prepared feeds
manufacturing subcategory. As noted
above, the available information
suggests that around 80 percent of these
smaller facilities do not control PM
emissions from their pelleting and pellet
cooling process. We estimated the cost
effectiveness to be around $1 million
per ton of chromium and manganese
compound emission reduction, $4,000
per ton of PM emission reduction, and
$20,000 per ton of PM2.5 reduction. We
estimated that the annual cost of
installing and operating a cyclone at one
of these small facilities would be around
$58,000 per year. Our economic impacts
assessment indicates that annual costs
of this magnitude could represent over
5 percent of the total annual sales for a
smaller prepared feeds manufacturing
facility. We concluded that the adverse
economic impacts do not justify a
determination requiring cyclones for the
small prepared feeds manufacturing
subcategory. Therefore, we are
proposing that GACT for small prepared
feeds manufacturing facilities as only
the general management practices to
minimize dust and maintain equipment.
Bagging. The information provided by
facilities also indicated that add-on
controls, primarily fabric filters, are
used to reduce emissions from bagging
operations at prepared feeds
manufacturing facilities. The available
information suggests that around 1⁄3 of
the smaller facilities and over 90
percent of the larger facilities control
the emissions from the bagging
processes. We evaluated the impacts of
the installation and operation of fabric
filters at the remaining facilities, and
estimated that, for the smaller facilities,
the total capital costs would be over $7
million and the total annual costs would
be over $16 million per year. Since
bagging is a relatively small source of
emissions, the cost effectiveness for
these controls would be around $255
million per ton of chromium and
manganese compound reduction, over
$750,000 per ton of PM emission
reduction, and $3.3 million per ton of
PM2.5 reduction. We concluded that
these cost effectiveness values were too
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high to be considered GACT. Therefore,
for bagging operations at smaller
prepared feeds manufacturing facilities,
the proposed rule would require that the
general requirements to minimize dust
and maintain equipment throughout the
facility be followed, but would not
require the installation and operation of
add-on control.
For the larger facilities, we estimated
that the total capital costs would be over
$10 million and the total annual costs
would be over $13 million per year. The
cost effectiveness for these controls at
these larger facilities would be around
$37 million per ton of chromium and
manganese compound reduction, over
$100,000 per ton of PM emission
reduction, and around $500,000 per ton
of PM2.5 reduction. We concluded that,
although a significant portion of the
existing large facilities control
emissions from bagging, these cost
effectiveness values were too high to be
considered GACT. Therefore, for
bagging operations at larger prepared
feeds manufacturing facilities, the
proposed rule would also only require
that the general requirements to
minimize dust and maintain equipment
throughout the facility be followed.
Bulk loading. Based on the industry
surveys, we believe that every facility
uses drop filter socks to reduce dust and
the loss of product during the loading of
railcars and trucks. We determined that
this equipment represents GACT for
bulk loading operations at both small
and large facilities. Therefore, in
addition to the general requirements to
minimize dust and maintain equipment
throughout the facility, we are
proposing that GACT for bulk loading
include the requirement to install drop
filter socks for small and large prepared
feeds manufacturing facilities.
E. How did we select the compliance
requirements?
In order to ensure that the cyclones on
the pelleting and pellet cooling
operations remain effective in reducing
chromium compounds and manganese
compounds, we are proposing that these
cyclones be operated and maintained in
accordance with the manufacturer’s
specifications. We are also proposing
that these cyclones be inspected
monthly and that the pressure drop be
monitored daily and recorded.
Similarly, we are requiring that the drop
filter socks on the bulk loading
operations be inspected monthly to
ensure they are in good condition and
functioning properly.
We are proposing certain notification,
recordkeeping, and reporting
requirements. Those requirements are
described in detail in section III.D. In
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selecting these requirements, we
identified the information necessary to
ensure that management practices are
being followed and that emission
control devices and equipment are
maintained and operated properly. The
proposed requirements ensure
compliance with this proposed rule
without posing a significant additional
burden for facilities that must
implement them.
F. How did we decide to exempt this
area source category from Title V permit
requirements?
We are proposing exemption from
title V permitting requirements for
affected sources in the prepared feeds
manufacturing area source category for
the reasons described below.
Section 502(a) of the CAA provides
that the Administrator may exempt an
area source category from title V if he
determines that compliance with title V
requirements is ‘‘impracticable,
infeasible, or unnecessarily
burdensome’’ on an area source
category. See CAA section 502(a). In
December 2005, in a national
rulemaking, EPA interpreted the term
‘‘unnecessarily burdensome’’ in CAA
section 502 and developed a four-factor
balancing test for determining whether
title V is unnecessarily burdensome for
a particular area source category, such
that an exemption from title V is
appropriate. See 70 FR 75320, December
19, 2005 (‘‘Exemption Rule’’).
The four factors that EPA identified in
the Exemption Rule for determining
whether title V is ‘‘unnecessarily
burdensome’’ on a particular area source
category include: (1) Whether title V
would result in significant
improvements to the compliance
requirements, including monitoring,
recordkeeping, and reporting, that are
proposed for an area source category (70
FR 75323); (2) whether title V
permitting would impose significant
burdens on the area source category and
whether the burdens would be
aggravated by any difficulty the sources
may have in obtaining assistance from
permitting agencies (70 FR 75324); (3)
whether the costs of title V permitting
for the area source category would be
justified, taking into consideration any
potential gains in compliance likely to
occur for such sources (70 FR 75325);
and (4) whether there are
implementation and enforcement
programs in place that are sufficient to
assure compliance with the NESHAP for
the area source category, without relying
on title V permits (70 FR 75326).
In discussing these factors in the
Exemption Rule, we further explained
that we considered on ‘‘a case-by-case
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basis the extent to which one or more
of the four factors supported title V
exemptions for a given source category,
and then we assessed whether
considered together those factors
demonstrated that compliance with title
V requirements would be ‘unnecessarily
burdensome’ on the category, consistent
with section 502(a) of the Act.’’ See 70
FR 75323. Thus, in the Exemption Rule,
we explained that not all of the four
factors must weigh in favor of
exemption for EPA to determine that
title V is unnecessarily burdensome for
a particular area source category.
Instead, the factors are to be considered
in combination, and EPA determines
whether the factors, taken together,
support an exemption from title V for a
particular source category.
In the Exemption Rule, in addition to
determining whether compliance with
title V requirements would be
unnecessarily burdensome on an area
source category, we considered,
consistent with the guidance provided
by the legislative history of section
502(a), whether exempting the area
source category would adversely affect
public health, welfare or the
environment. See 70 FR 15254–15255,
March 25, 2005. As explained below, we
propose that title V permitting is
unreasonably burdensome for the area
source category at issue in this proposed
rule. We have also determined that the
proposed exemptions from title V would
not adversely affect public health,
welfare and the environment. Our
rationale for this decision follows here.
In considering the exemption from
title V requirements for sources in the
category affected by this proposed rule,
we first compared the title V
monitoring, recordkeeping, and
reporting requirements (factor one) to
the requirements in the proposed
NESHAP for the area source category.
The proposed rule requires
implementation of certain management
practices and the use of add on controls
for one process. We believe these
practices are currently used at all
facilities and the controls are in use at
most facilities. The proposed rule
requires direct monitoring of control
device parameters, recordkeeping that
also may serve as monitoring, and
deviation and other annual reporting to
assure compliance with these
requirements.
The monitoring component of the first
factor favors title V exemption. For the
management practices, this proposed
standard provides monitoring in the
form of recordkeeping that would assure
compliance with the requirements of the
proposed rule. Monitoring by means
other than recordkeeping for the
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management practices is not practical or
appropriate. Records are required to
ensure that the management practices
are followed. The rule requires
continuous parameter monitoring and
periodic recording of the parameter for
the required control device to assure
compliance. The proposed rule requires
the owner or operator to record the date
and results of periodic control device
inspections, as well as any actions taken
in response to findings of the
inspections. The records are required to
be maintained in a form suitable and
readily available for expeditious review,
and that they are kept for at least five
years, the first two of which must be
onsite.
As part of the first factor, in addition
to monitoring, we considered the extent
to which title V could potentially
enhance compliance for area sources
covered by this proposed rule through
recordkeeping or reporting
requirements. We have considered the
various title V recordkeeping and
reporting requirements, including
requirements for a 6-month monitoring
report, deviation reports, and an annual
certification in 40 CFR 70.6 and 71.6.
For any prepared feeds manufacturing
area source, this proposed NESHAP
requires an Initial Notification and a
Notification of Compliance Status. This
proposed rule also requires facilities to
certify compliance with the control
device and management practices. In
addition, facilities must maintain
records showing compliance through
the required parameter monitoring and
deviation requirements. The
information required in the deviation
reports is similar to the information that
must be provided in the deviation
reports required under 40 CFR 70.6(a)(3)
and 40 CFR 71.6(a)(3).
We acknowledge that title V might
impose additional compliance
requirements on this category, but we
have determined that the monitoring,
recordkeeping and reporting
requirements of the proposed NESHAP
are sufficient to assure compliance with
the provisions of the NESHAP, and title
V would not significantly improve those
compliance requirements.
For the second factor, we determine
whether title V permitting would
impose a significant burden on the area
sources in the category and whether that
burden would be aggravated by any
difficulty the source may have in
obtaining assistance from the permitting
agency. Subjecting any source to title V
permitting imposes certain burdens and
costs that do not exist outside of the title
V program. EPA estimated that the
average cost of obtaining and complying
with a title V permit was $38,500 per
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source for a 5-year permit period,
including fees. See Information
Collection Request for Part 70 Operating
Permit Regulations, January 2000, EPA
ICR Number 1587.05. EPA does not
have specific estimates for the burdens
and costs of permitting these types of
prepared feeds manufacturing area
sources; however, there are certain
activities associated with the part 70
and 71 rules. These activities are
mandatory and impose burdens on any
facility subject to title V. They include
reading and understanding permit
program guidance and regulations;
obtaining and understanding permit
application forms; answering follow-up
questions from permitting authorities
after the application is submitted;
reviewing and understanding the
permit; collecting records; preparing
and submitting monitoring reports on a
6-month or more frequent basis;
preparing and submitting prompt
deviation reports, as defined by the
State, which may include a combination
of written, verbal, and other
communications methods; collecting
information, preparing, and submitting
the annual compliance certification;
preparing applications for permit
revisions every 5 years; and, as needed,
preparing and submitting applications
for permit revisions. In addition,
although not required by the permit
rules, many sources obtain the
contractual services of consultants to
help them understand and meet the
permitting program’s requirements. The
ICR for part 70 provides additional
information on the overall burdens and
costs, as well as the relative burdens of
each activity described here. Also, for a
more comprehensive list of
requirements imposed on part 70
sources (hence, burden on sources), see
the requirements of 40 CFR 70.3, 70.5,
70.6, and 70.7.
In assessing the second factor for
facilities affected by this proposal, we
found that many of the facilities that
would be affected by this proposed rule
are small entities. These small sources
lack the technical resources that would
be needed to comply with permitting
requirements and the financial
resources that would be needed to hire
the necessary staff or outside
consultants. As discussed above, title V
permitting would impose significant
costs on these area sources, and,
accordingly, we conclude that title V is
a significant burden for sources in this
category. Furthermore, given the
number of sources in the category, it
would likely be difficult for them to
obtain sufficient assistance from the
permitting authority. Thus, we conclude
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that factor two supports title V
exemption for this category.
The third factor, which is closely
related to the second factor, is whether
the costs of title V permitting for these
area sources would be justified, taking
into consideration any potential gains in
compliance likely to occur for such
sources. We explained above under the
second factor that the costs of
compliance with title V would impose
a significant burden on many of the
approximately 450 facilities affected by
the proposed rule. We also concluded in
considering the first factor that, while
title V might impose additional
requirements, the monitoring,
recordkeeping and reporting
requirements in the proposed NESHAP
assure compliance with the emission
standards imposed in the NESHAP. In
addition, below in our consideration of
the fourth factor, we find that there are
adequate implementation and
enforcement programs in place to assure
compliance with the NESHAP. Because
the costs, both economic and noneconomic, of compliance with title V are
high, and the potential for gains in
compliance is low, title V permitting is
not justified for this source category.
Accordingly, the third factor supports
title V exemptions for this area source
category.
The fourth factor we considered in
determining if title V is unnecessarily
burdensome is whether there are
implementation and enforcement
programs in place that are sufficient to
assure compliance with the NESHAP
without relying on title V permits. EPA
has implemented regulations that
provide States the opportunity to take
delegation of area source NESHAP, and
we believe that State delegated
programs are sufficient to assure
compliance with this NESHAP. See 40
CFR part 63, subpart E (States must have
adequate programs to enforce the
section 112 regulations and provide
assurances that they will enforce the
NESHAP before EPA will delegate the
program).
We also noted that EPA retains
authority to enforce this NESHAP
anytime under CAA sections 112, 113
and 114. Also, States and EPA often
conduct voluntary compliance
assistance, outreach, and education
programs (compliance assistance
programs), which are not required by
statute. We determined that these
additional programs will supplement
and enhance the success of compliance
with these proposed standards. We
believe that the statutory requirements
for implementation and enforcement of
this NESHAP by the delegated States
and EPA and the additional assistance
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programs described above together are
sufficient to assure compliance with
these proposed standards without
relying on title V permitting.
In light of all the information
presented here, we believe that there are
implementation and enforcement
programs in place that are sufficient to
assure compliance with the proposed
standards without relying on title V
permitting.
Balancing the four factors for this area
source category strongly supports the
proposed finding that title V is
unnecessarily burdensome. While title
V might add additional compliance
requirements if imposed, we believe
that there would not be significant
improvements to the compliance
requirements in this proposed rule
because the proposed rule requirements
are specifically designed to assure
compliance with the emission standards
imposed on this area source category.
We further maintain that the economic
and non-economic costs of compliance
with title V would impose a significant
burden on the sources. We determined
that the high relative costs would not be
justified given that there is likely to be
little or no potential gain in compliance
if title V were required. And, finally,
there are adequate implementation and
enforcement programs in place to assure
compliance with these proposed
standards. Thus, we propose that title V
permitting is ‘‘unnecessarily
burdensome’’ for this area source
category.
In addition to evaluating whether
compliance with title V requirements is
‘‘unnecessarily burdensome’’, EPA also
considered, consistent with guidance
provided by the legislative history of
section 502(a), whether exempting this
area source category from title V
requirements would adversely affect
public health, welfare, or the
environment. Exemption of this area
source category from title V
requirements would not adversely affect
public health, welfare, or the
environment because the level of
control would remain the same if a
permit were required. The title V permit
program does not impose new
substantive air quality control
requirements on sources, but instead
requires that certain procedural
measures be followed, particularly with
respect to determining compliance with
applicable requirements. As stated in
our consideration of factor one for this
category, title V would not lead to
significant improvements in the
compliance requirements applicable to
existing or new area sources.
Furthermore, we explained in the
Exemption Rule that requiring permits
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for the large number of area sources
could, at least in the first few years of
implementation, potentially adversely
affect public health, welfare, or the
environment by shifting State agency
resources away from assuring
compliance for major sources with
existing permits to issuing new permits
for these area sources, potentially
reducing overall air program
effectiveness. Based on the above
analysis, we conclude that title V
exemptions for these area sources will
not adversely affect public health,
welfare, or the environment for all of the
reasons explained above.
For the reasons stated here, we are
proposing to exempt this area source
category from title V permitting
requirements.
‘‘small’’ by the Small Business
Administration. It is currently estimated
only around 2 percent of the facilities in
the category would potentially need to
change under the proposed regulatory
alternative. The potential impact on the
industry as a percentage of the value of
shipments is small. Under the proposed
regulatory alternative, the largest
potential impact is estimated as 0.96
percent of shipments for a subset of
firms with an overall impact of 0.94
percent of shipments for the industry as
a whole. As a result, this action is not
expected to have a significant impact on
a substantial number of small entities or
the economy as a whole, regardless of
whether or not the firms in the industry
are able to pass along any increases in
their costs to the consumers.
V. Summary of Impacts of the Proposed
Standards
We project that the baseline PM
emissions from the estimated 1,800
facilities in the prepared feeds source
category are around 32,000 tons/yr, with
around 7,500 tons/yr of PM2.5, 100 tons/
yr of manganese compounds and just
under 2 tons/yr of chromium
compounds. We believe that the
management practices in the proposed
rule are already being implemented
throughout the industry. Therefore, we
do not expect any additional reductions
in chromium compound, manganese
compound, or general PM emissions
from these measures. We estimate that
the requirement to install cyclones on
the pelleting processes at the facilities
with daily production levels exceeding
50 tons per day will result in emission
reductions of around 4,000 tons/yr of
PM, 900 tons/yr of PM2.5, and around 11
tons/yr of manganese compounds and
chromium compounds emissions. While
cyclones do remove PM from the air
stream, these solids are typically
recycled back to the process. Therefore,
we do not anticipate any significant
indirect or secondary air impacts of this
rule as proposed. In addition, we do not
expect any non-air health,
environmental, or energy impacts.
As noted above, we believe all
prepared feed manufacturing facilities
already implement the proposed
management practices. Therefore, there
will be no additional costs for these
measures. We estimate that the
nationwide capital costs for the
installation of cyclones on the pelleting
cooling operations at the large facilities
will be just over $3 million. The
associated annual costs are estimated to
be just under $4 million/year.
Many of the plants in this analysis
have fewer than 500 employees, which
is the threshold to be considered
VI. Statutory and Executive Order
Reviews
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A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is a
‘‘significant regulatory action’’ because
it may raise novel legal or policy issues.
Accordingly, EPA submitted this action
to the OMB for review under Executive
Order 12866 and any changes made in
response to OMB recommendations
have been documented in the docket for
this action.
B. Paperwork Reduction Act
The information collection
requirements in this proposed rule have
been submitted for approval to OMB
under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. The Information
Collection Request (ICR) document
prepared by EPA has been assigned EPA
ICR number 2354.01.
The recordkeeping and reporting
requirements in this proposed rule are
based on the requirements in EPA’s
NESHAP General Provisions (40 CFR
part 63, subpart A). The recordkeeping
and reporting requirements in the
General Provisions are mandatory
pursuant to section 114 of the CAA (42
U.S.C. 7414). All information other than
emissions data submitted to EPA
pursuant to the information collection
requirements for which a claim of
confidentiality is made is safeguarded
according to CAA section 114(c) and the
Agency’s implementing regulations at
40 CFR part 2, subpart B.
This proposed NESHAP would
require prepared feeds manufacturing
area sources to submit an Initial
Notification and a Notification of
Compliance Status according to the
requirements in 40 CFR 63.9 of the
General Provisions (subpart A). Records
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36989
would be required to demonstrate
compliance with the monitoring and
management practice requirements that
ensure good operation and maintenance
of capture and control devices. The
owner or operator of a prepared feeds
manufacturing facility also is subject to
notification and recordkeeping
requirements in 40 CFR 63.9 and 63.10
of the General Provisions (subpart A),
although we are proposing that annual
compliance reports are sufficient
instead of semiannual reports.
The annual burden for this
information collection averaged over the
first three years of this ICR is estimated
to be a total of 27,000 labor hours per
year at a cost of approximately $2.1
million or $1,200 per facility. The
average annual reporting burden is 0.6
hours per response, with approximately
2 responses per facility. The only capital
and operating and maintenance costs
are associated with the installation of
monitoring equipment on cyclones
required to control pelleting emissions
at the larger prepared feeds
manufacturing facilities. Burden is
defined at 5 CFR 1320.3(b).
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
To comment on the Agency’s need for
this information, the accuracy of the
provided burden estimates, and any
suggested methods for minimizing
respondent burden, EPA has established
a public docket for this rule, which
includes this ICR, under Docket ID
number [EPA–HQ–OAR–2008–0080].
Submit any comments related to the ICR
to EPA and OMB. See ADDRESSES
section at the beginning of this proposed
rule for where to submit comments to
EPA. Send comments to OMB at the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street, NW.,
Washington, DC 20503, Attention: Desk
Office for EPA. Since OMB is required
to make a decision concerning the ICR
between 30 and 60 days after July 27,
2009, a comment to OMB is best assured
of having its full effect if OMB receives
it by August 26, 2009. The final rule
will respond to any OMB or public
comments on the information collection
requirements contained in this proposal.
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
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Administrative Procedure Act or any
other statute unless the agency certifies
that the rule would not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small not-for-profit enterprises, and
small governmental jurisdictions.
For the purposes of assessing the
impacts of this proposed rule on small
entities, small entity is defined as: (1) A
small business that meets the Small
Business Administration size standards
for small businesses found at 13 CFR
121.201 (less than 500 employees for
NAICS 311119); (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-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this proposed rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule is estimated to
impact 1,800 prepared feed
manufacturing facilities that are
currently operating. We estimate that all
of these facilities may be small entities.
We have determined that small entity
compliance costs, as assessed by the
facilities’ cost-to-sales ratio, are
expected to be less than 0.004 percent.
The costs are so small that the impact
is not expected to be significant. The
impact on small entities is significantly
decreased since the proposed rule
would not require plants with daily
production levels less than 50 tons per
day to install add-on controls. Although
this proposed rule contains
requirements for new area sources, we
are not aware of any new area sources
being constructed now or planned in the
next 3 years, and consequently, we did
not estimate any impacts for new
sources.
Although this proposed rule will not
have a significant economic impact on
a substantial number of small entities,
EPA nonetheless has tried to reduce the
impact of this proposed rule on small
entities. The standards represent
practices and controls that are common
throughout the prepared feeds
manufacturing industry. The standards
also require only the essential
recordkeeping and reporting needed to
demonstrate and verify compliance.
These standards were developed based
on information obtained from small
businesses in our surveys, consultation
with small business representatives on
the state and national level, and
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industry representatives that are
affiliated with small businesses.
We continue to be interested in the
potential impacts of this proposed
action on small entities and welcome
comments on issues related to such
impacts.
D. Unfunded Mandates Reform Act
This action contains no Federal
mandates under the provisions of Title
II of the Unfunded Mandates Reform
Act of 1995 (UMRA), 2 U.S.C. 1531–
1538 for State, local, and tribal
governments or the private sector. This
action imposes no enforceable duty on
any State, local, tribal governments or
the private sector.
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. The
proposed rules contain no requirements
that apply to such governments, and
impose no obligations upon them.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999) requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
state and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.’’
This proposed rule does not have
federalism implications. It will not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This proposed
rule does not impose any requirements
on state and local governments. Thus,
Executive Order 13132 does not apply
to this proposed rule.
In the spirit of Executive Order 13132,
and consistent with EPA policy to
promote communications between EPA
and state and local governments, EPA
specifically solicits comment on this
proposed rule from state and local
officials.
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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 action would 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.
The action imposes requirements on
owners and operators of specified area
sources and not tribal governments.
Thus, Executive Order 13175 does not
apply to this action.
EPA specifically solicits additional
comment on this proposed action from
tribal officials.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
EPA interprets Executive Order 13045
(62 F.R. 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 proposed
rule is not subject to Executive Order
13045 because it is based solely on
technology performance.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not a ‘‘significant
energy action’’ as defined in Executive
Order 13211 (66 FR 28355, May 22,
2001) because it is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Further,
we have concluded that this proposed
rule would not likely have any
significant adverse energy impacts.
I. National Technology Transfer
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 EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
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available and applicable voluntary
consensus standards.
This proposed rulemaking does not
involve technical standards. Therefore,
EPA is not considering the use of any
voluntary consensus standards.
EPA welcomes comments on this
aspect of the proposed rulemaking and,
specifically, invites the public to
identify potentially-applicable
voluntary consensus standards and to
explain why such standards should be
used in this regulation.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it increases the level of
environmental protection for all affected
populations without having any
disproportionately high and adverse
human health or environmental effects
on any population, including any
minority or low-income population.
This proposed rule will establish
national standards for the prepared
feeds manufacturing area source
category.
List of Subjects in 40 CFR Part 63
Environmental protection, Air
pollution control, Hazardous
substances, Reporting and
recordkeeping requirements.
hsrobinson on PROD1PC76 with PROPOSALS
Dated: July 21, 2009.
Lisa P. Jackson,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is
proposed to be 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.
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2. Part 63 is amended by adding
subpart DDDDDDD to read as follows:
Subpart DDDDDDD—National Emission
Standards for Hazardous Air Pollutants for
Area Sources: Prepared Feeds
Manufacturing
Applicability and Compliance Dates
Sec.
63.11619 Am I subject to this subpart?
63.11620 What are my compliance dates?
Standards, Monitoring, and Compliance
Requirements
63.11621 What are the standards for new
and existing prepared feed
manufacturing facilities?
63.11622 What are the monitoring
requirements for new and existing
sources?
63.11623 [Reserved]
63.11624 What are the notification,
reporting, and recordkeeping
requirements?
Other Requirements and Information
63.11625 What parts of the General
Provisions apply to my facility?
63.11626 Who implements and enforces
this subpart?
63.11627 What definitions apply to this
subpart?
63.11628—63.11638 [Reserved]
Tables to Subpart DDDDDDD of Part 63
Table 1 to Subpart DDDDDDD of Part
63—Applicability of General Provisions
to Prepared Feeds Manufacturing Area
Sources
Subpart DDDDDDD—National
Emission Standards for Hazardous Air
Pollutants for Area Sources: Prepared
Feeds Manufacturing
Applicability and Compliance Dates
§ 63.11619
Am I subject to this subpart?
(a) You are subject to this subpart if
you own or operate a prepared feed
manufacturing facility that uses
chromium compounds or manganese
compounds and is an area source of
emissions of these hazardous air
pollutants (HAP).
(b) The provisions of this subpart
apply to each new and existing prepared
feed manufacturing facility affected
source. A prepared feeds manufacturing
affected source is the collection of all
equipment and activities necessary to
perform prepared feeds manufacturing
operations from the point in the process
where chromium compounds or
manganese compounds are added to the
point where the finished prepared feed
product leaves the facility. This
includes, but is not limited to, areas
where materials containing chromium
compounds and manganese compounds
are stored, areas where the chromium
compounds and manganese compounds
are temporarily stored prior to addition
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36991
to the feed at the mixer, mixing and
grinding processes, pelleting and pellet
cooling processes, packing and bagging
processes, crumblers and screens, bulk
loading operations, and all conveyors
and other equipment that transfer the
feed materials throughout the
manufacturing facility.
(c) A prepared feed manufacturing
facility affected source exists if you
commenced construction or
reconstruction of the facility on or
before July 27, 2009.
(d) A prepared feed manufacturing
facility affected source is new if you
commenced construction or
reconstruction of the facility after July
27, 2009.
(e) This subpart does not apply to the
facilities identified in paragraphs (e)(1)
and (2) of this section.
(1) Prepared feed manufacturing
facilities that do not add any materials
containing chromium compounds or
manganese compounds to any product
manufactured at the facility.
(2) Research or laboratory facilities as
defined in section 112(c)(7) of the Clean
Air Act (CAA).
(f) You are exempt from the obligation
to obtain a permit under 40 CFR part 70
or 40 CFR part 71, provided you are not
otherwise required by law to obtain a
permit under 40 CFR 70.3(a) or 40 CFR
71.3. Notwithstanding the previous
sentence, you must continue to comply
with the provisions of this subpart.
§ 63.11620
dates?
What are my compliance
(a) If you own or operate an existing
affected source, you must achieve
compliance with the applicable
provisions of this subpart by no later
than two years after the date of
publication of the final rule in the
Federal Register.
(b) If you start up a new affected
source on or before the date of
publication of the final rule in the
Federal Register, you must achieve
compliance with the applicable
provisions of this subpart by no later
than the date of publication of the final
rule in the Federal Register.
(c) If you start up a new affected
source after the date of publication of
the final rule in the Federal Register,
you must achieve compliance with the
applicable provisions of this subpart
upon startup of your affected source.
Standards, Monitoring, and
Compliance Requirements
§ 63.11621 What are the standards for new
and existing prepared feed manufacturing
facilities?
You must comply with the
management practices and standards in
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paragraphs (a) through (f) of this section
at all times.
(a) In all areas of the affected source,
you must comply with the management
practices in paragraphs (a)(1) and (2) of
this section.
(1) You must perform housekeeping
measures to minimize excess dust.
These measures must include, but not
be limited to, the practices specified in
paragraphs (a)(1)(i) through (iii) of this
section.
(i) You must use either an industrial
vacuum system or manual sweeping to
reduce the amount of dust,
(ii) At least once per month, you must
remove dust from walls, ledges, and
equipment using low pressure air or by
other means, and then sweep or vacuum
the area.
(iii) You must keep doors shut, as
practicable.
(2) You must maintain and operate all
process equipment in a manner to
minimize dust creation.
(b) You must store any raw materials
containing chromium compounds or
manganese compounds in closed
containers.
(c) The mixer where materials
containing chromium compounds or
manganese compounds are added must
be covered at all times when mixing is
occurring, except when the materials are
being added to the mixer. Materials
containing chromium compounds or
manganese compounds must be added
to the mixer in a manner that minimizes
emissions.
(d) For the bulk loading process
where prepared feed products are
loaded into trucks or railcars, you must
use filter drop socks at the end of the
loading arms.
(e) For the pelleting operations at
facilities with a daily production rate
exceeding 50 tons per day, you must
capture emissions and route them to a
cyclone designed to reduce emissions of
particulate matter less than 10 microns
in diameter by at least 95 percent. You
must operate and maintain the cyclone
in accordance with manufacturer’s
specifications. This includes operating
within the pressure drop range
recommended by the manufacturer. You
must comply with the monitoring
requirements in § 63.11622(b) of this
subpart.
§ 63.11622 What are the monitoring
requirements for new and existing sources?
(a) If you own or operate an affected
source required by § 63.11621(d) to use
a filter drop sock reduce emissions from
a bulk loading process, you must
perform monthly inspections of each
filter drop sock to ensure it is in proper
working condition. You must record the
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results of these inspections in
accordance with § 63.11624(c)(4) of this
subpart.
(b) If you own or operate an affected
source required by § 63.11621(e) to
install and operate a cyclone to control
emissions from pelleting operations,
you must comply with the monitoring
requirements in paragraphs (b)(1) and
(2) of this section.
(1) You must perform monthly
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
§ 63.11624(c)(5)(ii).
(2) You must monitor pressure drop at
least once per day. You must also record
the pressure drop in accordance with
§ 63.11624(c)(5)(iii).
§ 63.11623
[Reserved]
§ 63.11624 What are the notification,
reporting, and recordkeeping
requirements?
(a) Notifications. You must submit the
notifications identified in paragraphs
(a)(1) and (2) of this section.
(1) Initial Notification. You must
submit the Initial Notification required
by § 63.9(b)(2) of the General Provisions
no later than 120 days after the date of
publication of the final rule in the
Federal Register. The Initial
Notification must include the
information specified in paragraphs
(a)(1)(i) through (iv) of this section.
(i) The name, address, phone number
and e-mail address of the owner and
operator;
(ii) The address (physical location) of
the affected source;
(iii) An identification of the relevant
standard (i.e., this subpart); and
(iv) A brief description of the
operation
(2) Notification of Compliance Status.
If you are the owner of an existing
affected source, you must submit a
Notification of Compliance Status in
accordance with § 63.9(h) of the General
Provisions on or before 2 years and 120
days after the date of publication of the
final rule in the Federal Register. If you
are the owner or operator of a new
affected source, you must submit a
Notification of Compliance Status
within 120 days of initial startup, or by
120 days after the date of publication of
the final rule in the Federal Register,
whichever is later. This Notification of
Compliance Status must include the
information specified in paragraphs
(a)(2)(i) through (iii) of this section.
(i) Your company’s name and address;
(ii) A statement by a responsible
official with that official’s name, title,
phone number, e-mail address and
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signature, certifying the truth, accuracy,
and completeness of the notification
and a statement of whether the source
has complied with all the relevant
standards and other requirements of this
subpart;
(iii) The pressure drop range that
constitutes proper operation of the
cyclone if you own or operate an
affected source required by
§ 63.11621(e) to install and operate a
cyclone to control emissions from
pelleting operations.
(b) Annual compliance certification
report. You must, by March 1 of each
year, prepare an annual compliance
certification report for the previous
calendar year containing the
information specified in paragraphs
(b)(1) through (b)(4) of this section. You
must submit the report by March 15 if
you had any instance described by
paragraph (b)(3) or (b)(4) of this section.
(1) Your company’s name and
address.
(2) A statement by a responsible
official with that official’s name, title,
phone number, e-mail address and
signature, certifying the truth, accuracy,
and completeness of the notification
and a statement of whether the source
has complied with all the relevant
standards and other requirements of this
subpart.
(3) If the source is not in compliance,
include a description of deviations from
the applicable requirements, the time
periods during which the deviations
occurred, and the corrective actions
taken.
(4) Identification of all instances
when the daily pressure drop across a
cyclone is outside of the pressure drop
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.
(c) Records. You must maintain the
records specified in paragraphs (c)(1)
through (5) of this section in accordance
with paragraphs (c)(6) through (8) of this
section.
(1) As required in § 63.10(b)(2)(xiv),
you must keep a copy of each
notification that you submitted to
comply with this subpart in accordance
with paragraph (a) of this section, and
all documentation supporting any Initial
Notification or Notification of
Compliance Status that you submitted.
(2) You must keep a copy of each
Annual Compliance Certification
prepared in accordance with paragraph
(b) of this section.
(3) You must keep a monthly record
certifying that you have complied with
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the management practices in
§ 63.11621(a), (b), (c), and (d).
(4) For each filter drop sock used to
comply with the requirements in
§ 63.11621(d), you must keep the
records of all monthly inspections
including the information identified in
paragraphs (c)(4)(i) through (iii) of this
section.
(i) The date, place, and time of each
inspection;
(ii) Person performing the inspection;
(iii) 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
filter drop sock was replaced or restored
to proper operation.
(5) For each cyclone used to comply
with the requirements in § 63.11621(e),
you must keep the records in paragraphs
(c)(5)(i) through (iii) of this section.
(i) Manufacturer’s specifications.
(ii) Records of all quarterly
inspections including the information
identified in paragraphs (c)(5)(ii)(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.
(iii) Records of the daily pressure
drop measurements, along with the
date, time, and duration of the
correction action period from the time
the monitoring indicated a problem to
the time of the indication that the
cyclone was restored to proper
operation.
(6) Your records must be in a form
suitable and readily available for
expeditious review, according to
§ 63.10(b)(1).
(7) As specified in § 63.10(b)(1), you
must keep each record for 5 years
following the date of each recorded
action.
(8) You must keep each record onsite
for at least 2 years after the date of each
recorded action according to
§ 63.10(b)(1). You may keep the records
offsite for the remaining 3 years.
change to monitoring’’ is defined in
§ 63.90.
(5) Approval of a major change to
recordkeeping and reporting under
§ 63.10(f). A ‘‘major change to
recordkeeping/reporting’’ is defined in
§ 63.90.
Other Requirements and Information
§ 63.11627
subpart?
§ 63.11625 What parts of the General
Provisions apply to my facility?
Table 1 of this subpart shows which
parts of the General Provisions in
§§ 63.1 through 63.16 apply to you.
§ 63.11626 Who implements and enforces
this subpart?
(a) This subpart can be implemented
and enforced by EPA or a delegated
authority such as your state, local, or
tribal agency. If the EPA Administrator
has delegated authority to your state,
local, or tribal agency, then that agency
has the authority to implement and
enforce this subpart. You should contact
your EPA Regional Office to find out if
implementation and enforcement of this
subpart is delegated to your state, local,
or tribal agency.
(b) In delegating implementation and
enforcement authority of this subpart to
a state, local, or tribal agency under 40
CFR part 63, subpart E, the authorities
contained in paragraph (c) of this
section are retained by the EPA
Administrator and are not transferred to
the state, local, or tribal agency.
(c) The authorities that cannot be
delegated to state, local, or tribal
agencies are specified in paragraphs
(c)(1) through (5) of this section.
(1) Approval of an alternative
nonopacity emissions standard under
§ 63.6(g).
(2) Approval of an alternative opacity
emissions standard under § 63.6(h)(9).
(3) Approval of a major change to test
methods under § 63.7(e)(2)(ii) and (f). A
‘‘major change to test method’’ is
defined in § 63.90.
(4) Approval of a major change to
monitoring under § 63.8(f). A ‘‘major
Citation
hsrobinson on PROD1PC76 with PROPOSALS
63.1
63.2
63.3
63.4
63.5
63.6(a),(b)(1)–(b)(5), (b)(7), (c), (f)(2)–(3), (g),
(i), and (j).
63.6(e)(1), (e)(3), (f)(1), and (h) .........................
63.7 .....................................................................
63.8 .....................................................................
63.9(a), (b), (c), (d), (h), (i), and (j) ....................
63.9(e), (f), (g) ....................................................
VerDate Nov<24>2008
18:08 Jul 24, 2009
Terms used in this subpart are
defined in the CAA, in § 63.2, and in
this section.
Cyclone means a mechanically aided
collector that uses inertia to separate
particulate matter from the gas stream as
it spirals through the cyclone.
Daily production level means the
average amount of prepared feed
product produced each day over a
typical annual period.
Filter drop sock means a device at the
loadout end of a bulk loader that lessens
fugitive emissions by containing the
unloaded product within the device
thus preventing windblown and drop
caused fugitive emissions. Flexible
spouts are considered filter drop socks.
Pelleting operations means all
operations that make pelleted food from
meal, including but not limited to, the
steam conditioning, die-casting, drying,
cooling, and crumbling, and
granulation.
Prepared feed manufacturing facility
means a facility that produces feeds for
large and small animals, not including
dogs and cats.
§ 63.11628—63.11638
Jkt 217001
Table 1 to Subpart DDDDDDD of Part
63—Applicability of General Provisions
to Prepared Feeds Manufacturing Area
Sources
As required in § 63.11619, you must
meet each requirement in the following
table that applies to you.
Draft Part 63 General Provisions to be
incorporated for Prepared Feeds:
Applies to Subpart DDDDDDD?
Applicability ......................................................
Definitions ........................................................
Units and Abbreviations ...................................
Prohibited Activities and Circumvention ..........
Preconstruction Review and Notification Requirements.
Compliance with Standards and Maintenance
Requirements.
Startup, shutdown, and malfunction requirements and opacity/visible emission standards.
Performance Testing Requirements ................
Monitoring Requirements .................................
Notification Requirements. ...............................
..........................................................................
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Sfmt 4702
[Reserved]
Tables to Subpart DDDDDDD of Part 63
Subject
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
What definitions apply to this
Yes.
Yes.
Yes.
Yes.
No.
Yes.
No. Standards apply at all times, including
during startup, shutdown, and malfunction
events.
No.
Yes.
Yes.
No
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Citation
Subject
63.10(a),(b)(1), ...................................................
(b)(2)(i)–(iii), (b)(2)(vi)–(xiv), (c), (d)(1), (e), and
(f).
63.10(b)(2)(iv)–(v), (b)(3), and (d)(2)–(5) ...........
63.11 ...................................................................
63.12 ...................................................................
63.13 ...................................................................
63.14 ...................................................................
63.15 ...................................................................
63.16 ...................................................................
63.1(a)(5), (a)(7)–(9), (b)(2), (c)(3)–(4), (d),
63.6(b)(6), (c)(3), (c)(4), (d), (e)(2), (e)(3)(ii),
(h)(3), (h)(5)(iv), 63.8(a)(3), 63.9(b)(3), (h)(4),
63.10(c)(2)–(4), (c)(9).
[FR Doc. E9–17826 Filed 7–24–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2009–0501; FRL–8934–1]
National Oil and Hazardous Substance
Pollution Contingency Plan National
Priorities List
hsrobinson on PROD1PC76 with PROPOSALS
AGENCY: Environmental Protection
Agency.
ACTION: Notice of Intent to Delete the
Southern California Edison, Visalia Pole
Yard Superfund Site from the National
Priorities List.
SUMMARY: The Environmental Protection
Agency (EPA) Region IX is issuing a
Notice of Intent to Delete the Southern
California Edison (SCE), Visalia Pole
Yard Superfund Site (Site) located in
northeastern Visalia, Tulare County,
California, from the National Priorities
List (NPL), and requests public
comments on this action. The NPL,
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the State of California, through the
Department of Toxic Substances Control
(DTSC), have determined that all
appropriate response actions under
CERCLA, other than operation,
maintenance, and five-year reviews,
have been completed. However, this
deletion does not preclude future
actions under Superfund.
DATES: Comments concerning deletion
of this Site must be received by August
26, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
VerDate Nov<24>2008
18:08 Jul 24, 2009
Jkt 217001
Applies to Subpart DDDDDDD?
Recordkeeping and Reporting Requirements
Yes.
..........................................................................
Control Device Requirements ..........................
State Authorities and Delegations ...................
Addresses ........................................................
Incorporations by Reference ............................
Availability of Information and Confidentiality ..
Performance Track Provisions .........................
Reserved ..........................................................
No.
No.
Yes.
Yes.
Yes.
Yes.
Yes.
No.
SFUND–2009–0501 by one of the
following methods:
• https://www.regulations.gov. Follow
online instructions for submitting
comments.
• E-mail: lane.jackie@epa.gov.
• Fax: (415) 947–3528.
• Mail: Jackie Lane, Community
Involvement Coordinator, U.S. EPA
Region IX (SFD 6–3), 75 Hawthorne
Street, San Francisco, California 94105.
• Phone: (415) 972–3236.
• Hand delivery: U.S. EPA Region IX
(SFD 6–3), 75 Hawthorne Street, San
Francisco, California 94105. Deliveries
are only accepted during regular office
days and hours of operation (Monday
through Friday, 8 a.m. to 5 p.m.).
Special arrangements will need to be
made with EPA staff for deliveries of
boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–SFUND–2009–
0501. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means that EPA will not know your
identity or contact information unless it
is provided it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through https://www.regulations.gov,
your e-mail address will be
automatically captured and included as
part of the publicly available docket on
the Internet. EPA recommends that all
submittals include your name and other
contact information (i.e. e-mail and/or
physical address and phone number).
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
Please note that electronic file
submittals should be free of any
physical defects and computer viruses
and avoid the use of special characters
and any form of encryption. If technical
difficulties prevent EPA from reading
your comment and cannot contact you
for clarification, EPA may not be able to
consider your comment.
Docket
All documents in the docket are listed
in the https://www.regulations.gov index;
however, although listed in the index,
some information is not publicly
available (e.g. CBI or other information
whose disclosure is restricted by
disclosure statute. Certain other
materials, such as copyrighted
materials, will be publicly available
only in the hard copy. All other publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
the Site Information repositories below:
U.S. EPA Superfund Records Center, 95
Hawthorne Street, San Francisco,
California 94105–3901, (415) 536–
2000.
Tulare County Public Library, 200 West
Oak Street, Visalia, CA 93291, (818)
952–0603.
FOR FURTHER INFORMATION CONTACT:
Charnjit Bhullar, Remedial Project
Manager, U.S. EPA Region IX (SFD 7–
3), 75 Hawthorne Street, San Francisco,
California 94105, (415) 972–3960.
SUPPLEMENTARY INFORMATION: In the
‘‘Rules and Regulations’’ section of
today’s Federal Register, we are
publishing a direct final Notice of
Deletion of the Southern California
Edison (SCE), Visalia Pole Yard
Superfund Site without prior Notice of
Intent to Delete because we view this as
a noncontroversial revision and
anticipate no adverse comment. We
have explained our reasons for this
deletion in the preamble to the direct
final Notice of Deletion, and those
reasons are incorporated herein. If we
E:\FR\FM\27JYP1.SGM
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Agencies
[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Proposed Rules]
[Pages 36980-36994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17826]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2008-0080; FRL-8935-1]
RIN 2060-AO98
National Emission Standards for Hazardous Air Pollutants for Area
Sources: Prepared Feeds Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing national emissions standards for control of
hazardous air pollutants from prepared feeds manufacturing facilities.
The proposed emissions standards for new and existing sources are based
on EPA's proposed determination as to what constitutes the generally
available control technology or management practices for the area
source category.
DATES: Comments must be received on or before August 26, 2009, unless a
public hearing is requested by August 6, 2009. If a hearing is
requested on the proposed rules, written comments must be received by
September 10, 2009. Under the Paperwork Reduction Act, comments on the
information collection provisions must be received by Office of
Management and Budget (OMB) on or before August 26, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0080, may be submitted by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: https://www.epa.gov/oar/docket.html.
Follow the instructions for submitting comments on the EPA Air and
Radiation Docket Web Site.
E-mail: Comments may be sent by electronic mail (e-mail)
to a-and-r-docket@epa.gov, include Docket ID No. EPA-HQ-OAR-2008-0080
in subject line of the message.
Fax: Fax your comments to: (202) 566-9744, Docket ID No.
EPA-HQ-OAR-2008-0080.
Mail: Send your comments to: Air and Radiation Docket and
Information Center, Environmental Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW., Washington, DC 20460, Docket ID No. EPA-
HQ-OAR-2008-0080. Please include a total of two copies. In addition,
please mail a copy of your comments on the information collection
provisions to the Office of Information and Regulatory
[[Page 36981]]
Affairs, OMB, Attn: Desk Officer for EPA, 725 17th St., NW.,
Washington, DC 20503.
Hand Delivery or Courier: Deliver your comments to: EPA
Docket Center, Public Reading Room, EPA West, Room 3334, 1301
Constitution Ave., 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: All submissions must include the agency name and
docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments will be posted without change and may be made
available online at https://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 https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the EPA
Center EPA Docket Center, 1301 Constitution Ave., NW., Room 3334,
Washington, DC 20460. 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: Ms. Jan King, Outreach and Information
Division, Office of Air Quality Planning and Standards (C404-05), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, telephone number: (919) 541-5665; fax number: (919) 541-7674; e-
mail address: king.jan@epa.gov.
SUPPLEMENTARY INFORMATION:
Outline. The information in this preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my comments to EPA?
C. Where can I get a copy of this document?
D. When would a public hearing occur?
II. Background Information for Proposed Area Source Standards
A. What is the statutory authority and regulatory approach for
the proposed standards?
B. What source category is affected by the proposed standards?
C. What are the production operations, emission sources, and
available controls?
III. Summary of This Proposed Rule
A. What are the applicability provisions and compliance dates?
B. What are the proposed standards?
C. What are the compliance requirements?
D. What are the notification, recordkeeping, and reporting
requirements?
IV. Rationale for This Proposed Rule
A. How did we select the affected source?
B. How did we ensure that the listed HAP are addressed by this
rule?
C. How did we subcategorize the Prepared Feeds Manufacturing
source category?
D. How did we determine GACT?
E. How did we select the compliance requirements?
F. How did we decide to exempt this area source category from
Title V permit requirements?
V. Summary of Impacts of the Proposed Standards
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. General Information
A. Does this action apply to me?
The regulated categories and entities potentially affected by the
proposed standards are prepared feeds manufacturers who add chromium
compounds or manganese compounds to their product. In general, the
facilities potentially affected by the rule are covered under the North
American Industrial Classification System (NAICS) code listed in the
following table.
------------------------------------------------------------------------
Examples of regulated
Category NAICS code \1\ entities
------------------------------------------------------------------------
Industry:
Other Animal Foods 311119 Animal feeds, prepared
Manufacturing. (except dog and cat),
manufacturing.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. To determine whether your facility would be regulated by this
action, you should examine the applicability criteria in 40 CFR
63.11619 of 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 air permit
authority for the entity or your EPA regional
[[Page 36982]]
representative as listed in 40 CFR 63.13 of subpart A (General
Provisions).
B. What should I consider as I prepare my comments to EPA?
Do not submit information containing CBI to EPA through https://www.regulations.gov or e-mail. Send or deliver information identified
as CBI only to the following address: Roberto Morales, OAQPS Document
Control Officer (C404-02), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711, Attention Docket ID EPA-HQ-OAR-2008-0080.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark
the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
C. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this proposed action will also be available on the Worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following signature, a
copy of this proposed action will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: https://www.epa.gov/ttn/oarpg/. The TTN provides information
and technology exchange in various areas of air pollution control.
D. When would a public hearing occur?
If anyone contacts EPA requesting to speak at a public hearing
concerning the proposed rule by August 6, 2009, we will hold a public
hearing on August 11, 2009. Persons interested in presenting oral
testimony at the hearing, or inquiring as to whether a hearing will be
held, should contact Ms. Christine Adams at (919) 541-5590 at least two
days in advance of the hearing. If a public hearing is held, it will be
held at 10 a.m. at the EPA's Environmental Research Center Auditorium,
109 T.W. Alexander Drive, Research Triangle Park, NC, or an alternate
site nearby.
II. Background Information for Proposed Area Source Standards
A. What is the statutory authority and regulatory approach for the
proposed standards?
Section 112(d) of the Clean Air Act (CAA) requires us to establish
national emission standards for hazardous air pollutants (NESHAP) for
both major and area sources of hazardous air pollutants (HAP) that are
listed for regulation under CAA section 112(c). A major source emits or
has the potential to emit 10 tons per year (tons/yr) or more of any
single HAP or 25 tons/yr or more of any combination of HAP. An area
source is a stationary source that is not a major source.
Section 112(k)(3)(B) of the CAA calls for EPA to identify at least
30 HAP which, as the result of emissions from area sources, pose the
greatest threat to public health in the largest number of urban areas.
EPA implemented this provision in 1999 in the Integrated Urban Air
Toxics Strategy (Strategy), (64 FR 38715, July 19, 1999). Specifically,
in the Strategy, EPA identified 30 HAP that pose the greatest potential
health threat in urban areas, and these HAP are referred to as the ``30
urban HAP.'' Section 112(c)(3) requires EPA to list sufficient
categories or subcategories of area sources to ensure that area sources
representing 90 percent of the emissions of the 30 urban HAP are
subject to regulation. A primary goal of the Strategy is to achieve a
75 percent reduction in cancer incidence attributable to HAP emitted
from stationary sources.
Under CAA section 112(d)(5), we may elect to promulgate standards
or requirements for area sources ``which provide for the use of
generally available control technologies or management practices
(``GACT'') by such sources to reduce emissions of hazardous air
pollutants.'' Additional information on GACT is found in the Senate
report on the legislation (Senate Report Number 101-228, December 20,
1989), which describes GACT as:
* * * methods, practices and techniques which are commercially
available and appropriate for application by the sources in the
category considering economic impacts and the technical capabilities
of the firms to operate and maintain the emissions control systems.
Consistent with the legislative history, we can consider costs and
economic impacts in determining GACT, which is particularly important
when developing regulations for source categories that may have many
small businesses such as this one.
Determining what constitutes GACT involves considering the control
technologies and management practices that are generally available to
the area sources in the source category. We also consider the standards
applicable to major sources in the same industrial sector to determine
if the control technologies and management practices are transferable
and generally available to area sources. In appropriate circumstances,
we may also consider technologies and practices at area and major
sources in similar categories to determine whether such technologies
and practices could be considered generally available for the area
source category at issue. Finally, as noted above, in determining GACT
for a particular area source category, we consider the costs and
economic impacts of available control technologies and management
practices on that category.
We are proposing these national emission standards in response to a
court-ordered deadline that requires EPA to issue standards for this
source category, listed pursuant to section 112(c)(3) and (k) by August
17, 2009 (Sierra Club v. Johnson, no. 01-1537, D.D.C., March 2006).
Other rulemakings will include standards for the remaining source
categories that are due in October 2009.
B. What source category is affected by the proposed standards?
The source category affected by the proposed standards is prepared
feeds manufacturers (except for dog and cat food) who add chromium
compounds or manganese compounds to their product. We listed the
prepared feed source category under CAA section 112(c)(3) in one of a
series of amendments (November 22, 2002, 67 FR 70427) to the original
source category list included in the 1999 Strategy. The inclusion of
this source category of the section 112(c)(3) area source category list
is based on 1990 emissions data, as EPA used 1990 as the baseline year
for that listing. Section 112(c)(3) requires EPA to list sufficient
categories or subcategories of area sources to ensure that area sources
representing 90 percent of the emissions of the 30 urban HAP are
subject to regulation.
In preparing this proposed rule, we solicited information on the
production operations, emission sources, and available controls using
written facility surveys from, and operating permits for, prepared feed
manufacturing area sources, as well as from reviews of published
literature. We also held discussions with trade association and
industry representatives. From this
[[Page 36983]]
research we found that the prepared feeds manufacturing area source
category emits the listed urban HAP chromium compounds and manganese
compounds. Based on current information, including the 2002 Census, we
believe that there are around 1,800 area source prepared feed
manufacturing facilities currently operating that add chromium
compounds or manganese compounds to their products that would be
subject to the proposed area source standards. These proposed standards
do not apply to research and development facilities, as defined in
section 112(c)(7) of the CAA.
C. What are the production operations, emission sources, and available
controls?
Prepared feeds manufacturers produce feeds for large and small
animals, from hamsters and gerbils to farm animals. Over 200
ingredients may be used in feed production operations including grain
and byproducts such as meat meal, bone meal, beet, and tomato pulp.
Medicinals, vitamins, and minerals are also added in small portions.
Grain is usually received at the mill by hopper bottom truck and/or
rail cars, or in some cases, by barge. Most mills pass selected feed
ingredients, primarily grains, through cleaning equipment prior to
storage. Upon removal from storage, the grain is transferred to the
grinding area, where selected whole grains, primarily corn, are ground
prior to mixing with other feed components. The hammermill is the most
widely used grinding device. The pulverized material is forced out of
the mill chamber when it is ground finely enough to pass through the
perforations in the mill screen.
Mixing is the most important process in feed milling and is
normally a batch process. Ingredients, including those containing
chromium compounds and manganese compounds, are weighed on bench or
hopper scales before mixing. Mixers may be horizontal or vertical type,
using either screws or paddles to move the ingredients.
The material leaving the mixer is meal, or mash, and may be
marketed in this form. If pellets are to be made, the meal is
conditioned with steam prior to being pelleted. Pelleting is a process
in which the conditioned meal is forced through dies. Pellets are
usually 3.2 to 19 mm (\1/8\ to \3/4\ in.) in diameter. After pelleting,
pellets are dried and cooled in pellet coolers. If pellets are to be
reduced in size, they are passed through a crumbler, or granulator.
This machine is a roller mill with corrugated rolls. Crumbles must be
screened to remove fines and oversized materials. The product is sent
to storage bins and then bagged or shipped in bulk.
In modern feed mills, transport equipment is often connected with
closed spouting and turnheads, covered drag and screw conveyors, and
tightly sealed transitions between adjoining equipment to reduce
internal dust loss and consequent housekeeping costs. Some older
facilities have also upgraded to these closed systems.
Emission sources where chromium compound and manganese compound
emissions may occur include handling and storage of these compounds,
mixing, storage of the meal or mash, steam conditioning, pelleting and
pellet cooling, crumbling and screening, bagging, and bulk shipment
loading to trucks or rail cars. Pelleting and pellet cooling is the
most significant source of emissions, estimated to emit 90 percent or
more of the total chromium compound and manganese compound emissions.
The chromium compounds and manganese compounds emitted comprise a
small fraction of the total particulate matter (PM) emissions from
prepared feed mills. Fabric filters and cyclones are commonly used to
control PM, including the chromium compounds and manganese compounds,
from the pelleting and pellet cooling process. These control devices
are also used less frequently for other processes at prepared feed mill
facilities. For some processes and areas, facilities use the pollution
prevention technique of closed loop systems that return collected PM
(including chromium compounds and manganese compounds) to the process.
We believe that over half of the facilities have these closed loop
systems for their mixing/grinding processes and for their conveyers.
Common management practices that reduce chromium compound and manganese
compound emissions include continual housekeeping to reduce dust that
might contain these HAP compounds by vacuuming or sweeping, keeping
doors closed to prevent air flow that would ``stir-up'' dust,
preventative equipment maintenance, careful handling of chromium- and
manganese-containing micronutrients, and the use of devices to reduce
emissions during the loading of product on to trucks and railcars.
III. Summary of This Proposed Rule
A. What are the applicability provisions and compliance dates?
The proposed subpart DDDDDDD standards would apply to each new or
existing prepared feeds manufacturing facility that is an area source
and adds chromium compounds or manganese compounds to any of their
products.
All existing area source facilities subject to this proposed rule
would be required to comply with the rule requirements no later than
two years after the date of publication of the final rule in the
Federal Register. Based on our assessment, there will be around 32
facilities that will need to evaluate, purchase, and install add-on
control equipment for their pelleting operations. We believe that the
two-year period provides sufficient time for this to occur. In
addition, since the vast majority of the companies in this area source
category are small businesses and may not have significant experience
complying with federal rules, we believe that this time period would
also provide opportunity for all companies to prepare adequately.
A new source is any affected source that commences construction or
reconstruction after July 27, 2009. All new sources would be required
to comply with the rule requirements by the date of publication of the
final rule in the Federal Register or upon startup, whichever is later.
B. What are the proposed standards?
The proposed standards include management practices and equipment
standards that will reduce emissions of chromium compounds and
manganese compounds at prepared feed manufacturing facilities. These
practices and standards will also result in reductions of PM and other
metal HAP emissions from the affected processes at prepared feed
manufacturing facilities.
The proposed requirements, which apply to all new and existing
sources, consist of general management practices that apply in all
areas of the affected sources and requirements for specific processes
or areas of an affected source. One proposed general management
practice that would apply to all new and existing sources in all areas
of the affected source is minimizing excess dust that could contain
chromium compounds or manganese compounds. This would be achieved
through practices including, but not limited to, the use of industrial
vacuum systems or manual sweeping; monthly dust removal from walls,
ledges, and equipment using low pressure air or by other means and then
sweeping or vacuuming the area; and by keeping doors shut. The second
general management practice is the requirement to maintain and operate
all process equipment that stores, processes, or contains chromium
compounds or
[[Page 36984]]
manganese compounds in a manner to minimize dust creation.
The proposed requirements that would apply to all new and existing
sources which are specific to certain areas of the plant or processes
are as follows:
For the storage area, all raw materials containing
chromium compounds or manganese compounds must be stored in closed
containers.
For mixing operations, materials containing chromium
compounds or manganese compounds must be added to the mixer in a manner
to reduce emissions, and the mixer must be covered at all times when
mixing is occurring, except when materials are being added.
For bulk loading operations, filter drop socks must be
used when loading product containing chromium compounds or manganese
compounds into trucks or railcars.
In addition to the above requirements that apply to all facilities,
new and existing facilities with average daily feed production levels
exceeding 50 tons per day would be required to install and operate a
cyclone to reduce emissions from pelleting and pellet cooling
operations. Specifically, the proposed rule would require that
emissions of PM that include chromium compounds or manganese compounds
would be required to be collected and routed to a cyclone that is
designed to achieve at least 95 percent reduction in PM less than 10
microns in diameter (PM10) and that is operated properly and in
accordance with the equipment manufacturers specifications.
C. What are the compliance requirements?
For all new and existing sources, compliance with the proposed
regulation would be demonstrated through installation of the required
equipment, adherence to the management practices, and by keeping the
required records and submitting the required notifications and reports
described below.
To ensure that the cyclone for the pelleting and pellet cooling
process is operated properly at facilities with average daily feed
production levels exceeding 50 tons per day, the proposed rule would
require that the cyclone be inspected quarterly for corrosion, erosion,
or any other damage that could result in air in-leakage, and that the
pressure drop be monitored and recorded daily to ensure that it is
being operated in accordance with the equipment manufacturer's
specifications.
The proposed rule would also require that the filter drop socks on
the bulk loading operations be inspected monthly to ensure that they
are in good condition.
D. What are the notification, recordkeeping, and reporting
requirements?
All new and existing sources would be required to comply with some
requirements of the General Provisions (40 CFR part 63, subpart A),
which are identified in Table 1 of this proposed rule. The General
Provisions include specific requirements for notifications,
recordkeeping, and reporting. Each facility would be required to submit
an Initial Notification and a one-time Notification of Compliance
Status according to the requirements in 40 CFR 63.9 in the General
Provisions. The Initial Notification, which would be required to be
submitted not later than 120 days after the final rule is published in
the Federal Register, would contain basic information about the
facility and its operations. The Notification of Compliance Status,
which would be required to be submitted 120 days after the compliance
date, would contain a statement that the source has complied with all
relevant standards. It would also be required to include the pressure
drop range that constitutes proper operation of the cyclone used to
reduce emissions from the pelleting and pellet cooling operations.
The proposed rule would require that records be kept of all
notifications. The proposed rule requires that records be kept
documenting each cyclone or drop filter sock inspection, and each
pressure drop monitoring event. The proposed rule further requires that
a record be created monthly that certifies that all management
practices have been followed. The records must also include the results
of each inspection (including any actions taken in response to findings
of the inspections), and each monitoring event. The proposed rule
includes the requirement to prepare an annual compliance certification,
which would need to be maintained on site. This report would contain a
statement whether the source has complied with all relevant standards
and other requirements of the final rule. If a deviation from the
standard occurred during the annual reporting period, or if an instance
occurred where the cyclone pressure drop was outside of the proper
operating range submitted in the Notification of Compliance Status
report, this information would be required to be included in the annual
report and the report would need to be submitted to the EPA
Administrator or the designated authority by March 15 of the same year.
All records are required to be maintained in a form suitable and
readily available for expeditious review, and that they are kept for at
least five years, the first two of which must be onsite.
IV. Rationale for This Proposed Rule
A. How did we select the affected source?
Affected source means the collection of equipment and processes in
the source category or subcategory to which the subpart applies. The
affected source may be the same collection of equipment and processes
as the source category or it may be a subset of the source category. We
are proposing to designate as the affected source in this area source
NESHAP those prepared feeds manufacturing operations that emit chromium
compounds and manganese compounds. Specifically, the proposed rule
defines the affected source as the collection of all equipment and
activities necessary to perform prepared feeds manufacturing operations
from the point in the process where chromium compounds or manganese
compounds are added to the point where the finished prepared feed
product leaves the facility. This includes, but is not limited to,
areas where materials containing chromium compounds and manganese
compounds are stored and areas where the chromium compounds and
manganese compounds are temporarily stored prior to addition to the
feed at the mixer, as well as mixing and grinding processes, pelleting
and pellet cooling processes, packing and bagging processes, crumblers
and screens, bulk loading operations, and all conveyors and other
equipment that transfer the feed materials throughout the manufacturing
facility.
B. How did we ensure that the listed HAP are addressed by this rule?
In selecting the proposed emission standards, we are using PM as a
surrogate for chromium compounds and manganese compounds. A sufficient
correlation exists between PM and chromium compounds and manganese
compounds to rely on PM as a surrogate for these HAP and for their
control. When released, chromium compounds and manganese compounds are
in particle form and behave as PM. The control technologies used for
the control of PM emissions achieve comparable levels of performance on
chromium compounds and manganese compounds emissions. Therefore,
standards requiring good control of PM also
[[Page 36985]]
achieve good control of chromium compounds and manganese compounds.
Furthermore, establishing chromium compound and manganese compound
standards would impose costly and significantly more complex compliance
and monitoring requirements and achieve little, if any, HAP emissions
reductions beyond what would be achieved using an approach based on
total PM control. Therefore, we decided to propose standards for
prepared feeds manufacturing based on control of PM as a surrogate
pollutant for chromium compounds and manganese compounds.
C. How did we subcategorize the Prepared Feeds Manufacturing source
category?
As part of the GACT analysis, we considered whether there were
differences in processes, sizes, or other factors affecting emissions
and control technologies that would warrant subcategorization of the
Prepared feeds manufacturing area source category. Under section
112(d)(1) of the CAA, EPA ``may distinguish among classes, types, and
sizes within a source category or subcategory in establishing such
standards''. In our review of available data, we observed differences
between prepared feeds manufacturing facilities based on production
levels. We estimate that the emissions for a typical small facility are
only around 10 percent of the level of emissions at a typical larger
facility.\1\ There are also considerable differences in the emission
stream flow rates at larger facilities, as they are, on average, around
five times greater than the flow rates at the smaller facilities.\2\
Based on these differences, we determined that subcategorization of the
Prepared Feeds Manufacturing source category was justified.
Consequently, we are proposing to subcategorize the Prepared Feeds
Manufacturing source category into ``small'' and ``large'' facilities.
The proposed threshold that we selected to distinguish between large
and small facilities is a prepared feeds manufacturing rate of 50 tons
per day, which as the record demonstrates, represents the
characteristics mentioned above. We are specifically requesting comment
on whether this production rate is the most appropriate level to define
the differences between the small and large prepared feeds
manufacturing subcategories.
---------------------------------------------------------------------------
\1\ Memorandum. Jones, N. and Norwood, P., EC/R Incorporated, to
King, J., EPA/OAQPS/OID. Baseline Emissions for the Prepared Feeds
Manufacturing Area Source Category. February 27, 2009.
\2\ Memorandum. Jones, N. and Norwood, P., EC/R Incorporated, to
King, J., EPA/OAQPS/OID. Summary of Information Obtained from
Industry Survey for the Prepared Feeds Manufacturing Area Source
Category. February 27, 2009.
---------------------------------------------------------------------------
D. How did we determine GACT?
As provided in CAA section 112(d)(5), we are proposing standards
representing GACT for the prepared feeds manufacturing source HAP
emissions. As noted in section II.A of this preamble, the statute
allows the Agency to establish standards for area sources listed
pursuant to section 112(c) based on GACT. The statute does not set any
condition precedent for issuing standards under section 112(d)(5) other
than that the area source category or subcategory at issue must be one
that EPA listed pursuant to section 112(c), which is the case here.
As noted above, we solicited information on the available controls
and management practices for this area source category using written
facility surveys, reviews of published literature, and reviews of
operating permits. We also held discussions with trade association and
industry representatives. Our determination of GACT is based on this
information. We also considered costs and economic impacts in
determining GACT.
We identified two general management practices that reduce chromium
compound and manganese compound emissions for all processes and in all
areas of small and large prepared feed manufacturing facilities. The
first were continual housekeeping practices to reduce dust that can
contain chromium compounds and manganese compounds. Examples of these
housekeeping practices include removing dust with industrial vacuum
systems or by manual sweeping; periodically removing dust from walls,
ledges, and equipment using low pressure air or by other means and then
sweeping or vacuuming the area; and keeping doors closed to avoid
spreading dust throughout the facility. The second management practice
identified was the proper maintenance and operation of all process
equipment that stores, processes, or contains chromium compounds or
manganese compounds to minimize dust creation.
We believe that every prepared feed facility already employs these
practices. Therefore, the proposed rule includes these general
practices as GACT for small and large prepared feeds manufacturing
facilities. We are, however, requesting comment on the particular
requirements listed above under the first management practice
(vacuuming/sweeping, removing dust from walls, etc., and keeping doors
closed). Specifically, we would like to know if there are additional
general management practices that are commonly used throughout prepared
feeds manufacturing facilities that should be included in this list of
requirements. We are also asking for specific maintenance activities
and operational practices that would be appropriate to include that
would strengthen the second general management practice.
In addition, we evaluated other process-specific or area-specific
measures and controls in our analysis. The following discussion is
organized according to these processes/areas.
Storage Areas. For those facilities that provided information on
the area where micronutrients containing chromium compounds and
manganese compounds are stored, 100 percent of both large and small
prepared feeds manufacturing facilities reported that these materials
were stored in closed containers. There were no other measures or
controls reported. Therefore, in addition to the general requirements
to minimize dust and maintain equipment throughout the facility, we
determined that GACT for the storage areas at small and large
facilities included the requirement that any raw materials containing
chromium compounds or manganese compounds be stored in closed
containers.
Mixing Processes. Facilities routinely are careful to minimize
losses during the mixing process of the expensive micronutrients that
contain chromium compounds and manganese compounds. This also minimizes
chromium compound and manganese compound emissions. The measures
employed include adding materials carefully and keeping the mixer
covered after they are added when mixing is occurring. We believe that
every prepared feed facility employs these practices and that they
represent GACT.
In addition, control devices to reduce emissions from mixing
operations were reported in a few instances (24 percent of facilities
surveyed). We estimated the cost effectiveness of requiring the
uncontrolled mixing operations to install add-on controls at small
prepared feeds manufacturing facilities to be around $127 million per
ton of chromium compound and manganese compound emission reduction and
$380,000 and $1.6 million per ton of PM and PM2.5,
respectively. For the larger facilities, we estimated the cost
effectiveness to be around $18 million per ton of chromium and
manganese compound emission reduction, $55,000 per ton of PM reduction,
and $240,000 per ton of PM2.5 reduction. Because only a
minority of facilities have installed these control devices and because
the
[[Page 36986]]
cost effectiveness is higher than we generally consider reasonable, we
are not proposing that add-on control represents GACT for mixing
operations. Therefore, in addition to the general requirements to
minimize dust and maintain equipment throughout the facility, we are
proposing that GACT for the mixing processes at small and large
prepared feeds manufacturing facilities include the requirements to (1)
add materials containing chromium compounds or manganese compounds to
the mixer in a manner that minimizes emissions, and (2) cover the mixer
at all times when materials containing chromium compounds or manganese
compounds are being used. We are asking for comment on specific
measures that would be appropriate to include to strengthen the
proposed requirement to minimize emissions when materials are being
added to the mixer.
Pelleting and pellet cooling. For pelleting and pellet cooling
processes, add-on controls were reported for almost 98 percent of the
larger facilities, but only around 20 percent of the smaller facilities
For the larger facilities, we estimated that requiring the additional 2
percent of the larger facilities to install cyclones would cost around
$300,000 per ton of chromium compound and manganese compound reduction,
$1,000 per ton of PM emission reduction, and $4,000 per ton of
PM2.5 reduction. We concluded that these costs were
reasonable in consideration of the emission reductions achieved, and
determined that the use of cyclones to reduce emissions from pelleting
cooling operations was GACT for large prepared feeds manufacturing
facilities. Therefore, in addition to the general requirements to
minimize dust and maintain equipment throughout the facility, we are
proposing that GACT for large prepared feeds manufacturing facilities
include the requirements that all chromium compound and manganese
compound emissions from pelleting and pellet cooling operations must be
captured and routed to a cyclone. The information provided via the
industry survey did not include specific details about the performance
of these cyclones, but we believe that properly designed cyclones
should be able to achieve 95 percent reduction in PM emissions. This
belief is based on follow-up of the survey responses and information
obtained from cyclone vendors. Therefore, we are proposing that the
cyclones be designed to achieve at least 95 percent reduction in PM10.
We are specifically requesting comment on this 95 percent efficiency
requirement. In addition, we are requesting comment on whether control
devices other than cyclones are used to reduce PM emissions from
pelleting and pellet cooling. If other devices are used, we would
request information that demonstrates that these devices are at least
equivalent to the required cyclones, and the monitoring techniques
utilized to ensure that they are operating properly.
We also evaluated the impacts of requiring the installation of
cyclones at all facilities in the small prepared feeds manufacturing
subcategory. As noted above, the available information suggests that
around 80 percent of these smaller facilities do not control PM
emissions from their pelleting and pellet cooling process. We estimated
the cost effectiveness to be around $1 million per ton of chromium and
manganese compound emission reduction, $4,000 per ton of PM emission
reduction, and $20,000 per ton of PM2.5 reduction. We
estimated that the annual cost of installing and operating a cyclone at
one of these small facilities would be around $58,000 per year. Our
economic impacts assessment indicates that annual costs of this
magnitude could represent over 5 percent of the total annual sales for
a smaller prepared feeds manufacturing facility. We concluded that the
adverse economic impacts do not justify a determination requiring
cyclones for the small prepared feeds manufacturing subcategory.
Therefore, we are proposing that GACT for small prepared feeds
manufacturing facilities as only the general management practices to
minimize dust and maintain equipment.
Bagging. The information provided by facilities also indicated that
add-on controls, primarily fabric filters, are used to reduce emissions
from bagging operations at prepared feeds manufacturing facilities. The
available information suggests that around \1/3\ of the smaller
facilities and over 90 percent of the larger facilities control the
emissions from the bagging processes. We evaluated the impacts of the
installation and operation of fabric filters at the remaining
facilities, and estimated that, for the smaller facilities, the total
capital costs would be over $7 million and the total annual costs would
be over $16 million per year. Since bagging is a relatively small
source of emissions, the cost effectiveness for these controls would be
around $255 million per ton of chromium and manganese compound
reduction, over $750,000 per ton of PM emission reduction, and $3.3
million per ton of PM2.5 reduction. We concluded that these
cost effectiveness values were too high to be considered GACT.
Therefore, for bagging operations at smaller prepared feeds
manufacturing facilities, the proposed rule would require that the
general requirements to minimize dust and maintain equipment throughout
the facility be followed, but would not require the installation and
operation of add-on control.
For the larger facilities, we estimated that the total capital
costs would be over $10 million and the total annual costs would be
over $13 million per year. The cost effectiveness for these controls at
these larger facilities would be around $37 million per ton of chromium
and manganese compound reduction, over $100,000 per ton of PM emission
reduction, and around $500,000 per ton of PM2.5 reduction.
We concluded that, although a significant portion of the existing large
facilities control emissions from bagging, these cost effectiveness
values were too high to be considered GACT. Therefore, for bagging
operations at larger prepared feeds manufacturing facilities, the
proposed rule would also only require that the general requirements to
minimize dust and maintain equipment throughout the facility be
followed.
Bulk loading. Based on the industry surveys, we believe that every
facility uses drop filter socks to reduce dust and the loss of product
during the loading of railcars and trucks. We determined that this
equipment represents GACT for bulk loading operations at both small and
large facilities. Therefore, in addition to the general requirements to
minimize dust and maintain equipment throughout the facility, we are
proposing that GACT for bulk loading include the requirement to install
drop filter socks for small and large prepared feeds manufacturing
facilities.
E. How did we select the compliance requirements?
In order to ensure that the cyclones on the pelleting and pellet
cooling operations remain effective in reducing chromium compounds and
manganese compounds, we are proposing that these cyclones be operated
and maintained in accordance with the manufacturer's specifications. We
are also proposing that these cyclones be inspected monthly and that
the pressure drop be monitored daily and recorded. Similarly, we are
requiring that the drop filter socks on the bulk loading operations be
inspected monthly to ensure they are in good condition and functioning
properly.
We are proposing certain notification, recordkeeping, and reporting
requirements. Those requirements are described in detail in section
III.D. In
[[Page 36987]]
selecting these requirements, we identified the information necessary
to ensure that management practices are being followed and that
emission control devices and equipment are maintained and operated
properly. The proposed requirements ensure compliance with this
proposed rule without posing a significant additional burden for
facilities that must implement them.
F. How did we decide to exempt this area source category from Title V
permit requirements?
We are proposing exemption from title V permitting requirements for
affected sources in the prepared feeds manufacturing area source
category for the reasons described below.
Section 502(a) of the CAA provides that the Administrator may
exempt an area source category from title V if he determines that
compliance with title V requirements is ``impracticable, infeasible, or
unnecessarily burdensome'' on an area source category. See CAA section
502(a). In December 2005, in a national rulemaking, EPA interpreted the
term ``unnecessarily burdensome'' in CAA section 502 and developed a
four-factor balancing test for determining whether title V is
unnecessarily burdensome for a particular area source category, such
that an exemption from title V is appropriate. See 70 FR 75320,
December 19, 2005 (``Exemption Rule'').
The four factors that EPA identified in the Exemption Rule for
determining whether title V is ``unnecessarily burdensome'' on a
particular area source category include: (1) Whether title V would
result in significant improvements to the compliance requirements,
including monitoring, recordkeeping, and reporting, that are proposed
for an area source category (70 FR 75323); (2) whether title V
permitting would impose significant burdens on the area source category
and whether the burdens would be aggravated by any difficulty the
sources may have in obtaining assistance from permitting agencies (70
FR 75324); (3) whether the costs of title V permitting for the area
source category would be justified, taking into consideration any
potential gains in compliance likely to occur for such sources (70 FR
75325); and (4) whether there are implementation and enforcement
programs in place that are sufficient to assure compliance with the
NESHAP for the area source category, without relying on title V permits
(70 FR 75326).
In discussing these factors in the Exemption Rule, we further
explained that we considered on ``a case-by-case basis the extent to
which one or more of the four factors supported title V exemptions for
a given source category, and then we assessed whether considered
together those factors demonstrated that compliance with title V
requirements would be `unnecessarily burdensome' on the category,
consistent with section 502(a) of the Act.'' See 70 FR 75323. Thus, in
the Exemption Rule, we explained that not all of the four factors must
weigh in favor of exemption for EPA to determine that title V is
unnecessarily burdensome for a particular area source category.
Instead, the factors are to be considered in combination, and EPA
determines whether the factors, taken together, support an exemption
from title V for a particular source category.
In the Exemption Rule, in addition to determining whether
compliance with title V requirements would be unnecessarily burdensome
on an area source category, we considered, consistent with the guidance
provided by the legislative history of section 502(a), whether
exempting the area source category would adversely affect public
health, welfare or the environment. See 70 FR 15254-15255, March 25,
2005. As explained below, we propose that title V permitting is
unreasonably burdensome for the area source category at issue in this
proposed rule. We have also determined that the proposed exemptions
from title V would not adversely affect public health, welfare and the
environment. Our rationale for this decision follows here.
In considering the exemption from title V requirements for sources
in the category affected by this proposed rule, we first compared the
title V monitoring, recordkeeping, and reporting requirements (factor
one) to the requirements in the proposed NESHAP for the area source
category. The proposed rule requires implementation of certain
management practices and the use of add on controls for one process. We
believe these practices are currently used at all facilities and the
controls are in use at most facilities. The proposed rule requires
direct monitoring of control device parameters, recordkeeping that also
may serve as monitoring, and deviation and other annual reporting to
assure compliance with these requirements.
The monitoring component of the first factor favors title V
exemption. For the management practices, this proposed standard
provides monitoring in the form of recordkeeping that would assure
compliance with the requirements of the proposed rule. Monitoring by
means other than recordkeeping for the management practices is not
practical or appropriate. Records are required to ensure that the
management practices are followed. The rule requires continuous
parameter monitoring and periodic recording of the parameter for the
required control device to assure compliance. The proposed rule
requires the owner or operator to record the date and results of
periodic control device inspections, as well as any actions taken in
response to findings of the inspections. The records are required to be
maintained in a form suitable and readily available for expeditious
review, and that they are kept for at least five years, the first two
of which must be onsite.
As part of the first factor, in addition to monitoring, we
considered the extent to which title V could potentially enhance
compliance for area sources covered by this proposed rule through
recordkeeping or reporting requirements. We have considered the various
title V recordkeeping and reporting requirements, including
requirements for a 6-month monitoring report, deviation reports, and an
annual certification in 40 CFR 70.6 and 71.6.
For any prepared feeds manufacturing area source, this proposed
NESHAP requires an Initial Notification and a Notification of
Compliance Status. This proposed rule also requires facilities to
certify compliance with the control device and management practices. In
addition, facilities must maintain records showing compliance through
the required parameter monitoring and deviation requirements. The
information required in the deviation reports is similar to the
information that must be provided in the deviation reports required
under 40 CFR 70.6(a)(3) and 40 CFR 71.6(a)(3).
We acknowledge that title V might impose additional compliance
requirements on this category, but we have determined that the
monitoring, recordkeeping and reporting requirements of the proposed
NESHAP are sufficient to assure compliance with the provisions of the
NESHAP, and title V would not significantly improve those compliance
requirements.
For the second factor, we determine whether title V permitting
would impose a significant burden on the area sources in the category
and whether that burden would be aggravated by any difficulty the
source may have in obtaining assistance from the permitting agency.
Subjecting any source to title V permitting imposes certain burdens and
costs that do not exist outside of the title V program. EPA estimated
that the average cost of obtaining and complying with a title V permit
was $38,500 per
[[Page 36988]]
source for a 5-year permit period, including fees. See Information
Collection Request for Part 70 Operating Permit Regulations, January
2000, EPA ICR Number 1587.05. EPA does not have specific estimates for
the burdens and costs of permitting these types of prepared feeds
manufacturing area sources; however, there are certain activities
associated with the part 70 and 71 rules. These activities are
mandatory and impose burdens on any facility subject to title V. They
include reading and understanding permit program guidance and
regulations; obtaining and understanding permit application forms;
answering follow-up questions from permitting authorities after the
application is submitted; reviewing and understanding the permit;
collecting records; preparing and submitting monitoring reports on a 6-
month or more frequent basis; preparing and submitting prompt deviation
reports, as defined by the State, which may include a combination of
written, verbal, and other communications methods; collecting
information, preparing, and submitting the annual compliance
certification; preparing applications for permit revisions every 5
years; and, as needed, preparing and submitting applications for permit
revisions. In addition, although not required by the permit rules, many
sources obtain the contractual services of consultants to help them
understand and meet the permitting program's requirements. The ICR for
part 70 provides additional information on the overall burdens and
costs, as well as the relative burdens of each activity described here.
Also, for a more comprehensive list of requirements imposed on part 70
sources (hence, burden on sources), see the requirements of 40 CFR
70.3, 70.5, 70.6, and 70.7.
In assessing the second factor for facilities affected by this
proposal, we found that many of the facilities that would be affected
by this proposed rule are small entities. These small sources lack the
technical resources that would be needed to comply with permitting
requirements and the financial resources that would be needed to hire
the necessary staff or outside consultants. As discussed above, title V
permitting would impose significant costs on these area sources, and,
accordingly, we conclude that title V is a significant burden for
sources in this category. Furthermore, given the number of sources in
the category, it would likely be difficult for them to obtain
sufficient assistance from the permitting authority. Thus, we conclude
that factor two supports title V exemption for this category.
The third factor, which is closely related to the second factor, is
whether the costs of title V permitting for these area sources would be
justified, taking into consideration any potential gains in compliance
likely to occur for such sources. We explained above under the second
factor that the costs of compliance with title V would impose a
significant burden on many of the approximately 450 facilities affected
by the proposed rule. We also concluded in considering the first factor
that, while title V might impose additional requirements, the
monitoring, recordkeeping and reporting requirements in the proposed
NESHAP assure compliance with the emission standards imposed in the
NESHAP. In addition, below in our consideration of the fourth factor,
we find that there are adequate implementation and enforcement programs
in place to assure compliance with the NESHAP. Because the costs, both
economic and non-economic, of compliance with title V are high, and the
potential for gains in compliance is low, title V permitting is not
justified for this source category. Accordingly, the third factor
supports title V exemptions for this area source category.
The fourth factor we considered in determining if title V is
unnecessarily burdensome is whether there are implementation and
enforcement programs in place that are sufficient to assure compliance
with the NESHAP without relying on title V permits. EPA has implemented
regulations that provide States the opportunity to take delegation of
area source NESHAP, and we believe that State delegated programs are
sufficient to assure compliance with this NESHAP. See 40 CFR part 63,
subpart E (States must have adequate programs to enforce the section
112 regulations and provide assurances that they will enforce the
NESHAP before EPA will delegate the program).
We also noted that EPA retains authority to enforce this NESHAP
anytime under CAA sections 112, 113 and 114. Also, States and EPA often
conduct voluntary compliance assistance, outreach, and education
programs (compliance assistance programs), which are not required by
statute. We determined that these additional programs will supplement
and enhance the success of compliance with these proposed standards. We
believe that the statutory requirements for implementation and
enforcement of this NESHAP by the delegated States and EPA and the
additional assistance programs described above together are sufficient
to assure compliance with these proposed standards without relying on
title V permitting.
In light of all the information presented here, we believe that
there are implementation and enforcement programs in place that are
sufficient to assure compliance with the proposed standards without
relying on title V permitting.
Balancing the four factors for this area source category strongly
supports the proposed finding that title V is unnecessarily burdensome.
While title V might add additional compliance requirements if imposed,
we believe that there would not be significant improvements to the
compliance requirements in this proposed rule because the proposed rule
requirements are specifically designed to assure compliance with the
emission standards imposed on this area source category. We further
maintain that the economic and non-economic costs of compliance with
title V would impose a significant burden on the sources. We determined
that the high relative costs would not be justified given that there is
likely to be little or no potential gain in compliance if title V were
required. And, finally, there are adequate implementation and
enforcement programs in place to assure compliance with these proposed
standards. Thus, we propose that title V permitting is ``unnecessarily
burdensome'' for this area source category.
In addition to evaluating whether compliance with title V
requirements is ``unnecessarily burdensome'', EPA also considered,
consistent with guidance provided by the legislative history of section
502(a), whether exempting this area source category from title V
requirements would adversely affect public health, welfare, or the
environment. Exemption of this area source category from title V
requirements would not adversely affect public health, welfare, or the
environment because the level of control would remain the same if a
permit were required. The title V permit program does not impose new
substantive air quality control requirements on sources, but instead
requires that certain procedural measures be followed, particularly
with respect to determining compliance with applicable requirements. As
stated in our consideration of factor one for this category, title V
would not lead to significant improvements in the compliance
requirements applicable to existing or new area sources.
Furthermore, we explained in the Exemption Rule that requiring
permits
[[Page 36989]]
for the large number of area sources could, at least in the first few
years of implementation, potentially adversely affect public health,
welfare, or the environment by shifting State agency resources away
from assuring compliance for major sources with existing permits to
issuing new permits for these area sources, potentially reducing
overall air program effectiveness. Based on the above analysis, we
conclude that title V exemptions for these area sources will not
adversely affect public health, welfare, or the environment for all of
the reasons explained above.
For the reasons stated here, we are proposing to exempt this area
source category from title V permitting requirements.
V. Summary of Impacts of the Proposed Standards
We project that the baseline PM emissions from the estimated 1,800
facilities in the prepared feeds source category are around 32,000
tons/yr, with around 7,500 tons/yr of PM2.5, 100 tons/yr of
manganese compounds and just under 2 tons/yr of chromium compounds. We
believe that the management practices in the proposed rule are already
being implemented throughout the industry. Therefore, we do not expect
any additional reductions in chromium compound, manganese compound, or
general PM emissions from these measures. We estimate that the
requirement to install cyclones on the pelleting processes at the
facilities with daily production levels exceeding 50 tons per day will
result in emission reductions of around 4,000 tons/yr of PM, 900 tons/
yr of PM2.5, and around 11 tons/yr of manganese compounds
and chromium compounds emissions. While cyclones do remove PM from the
air stream, these solids are typically recycled back to the process.
Therefore, we do not anticipate any significant indirect or secondary
air impacts of this rule as proposed. In addition, we do not expect any
non-air health, environmental, or energy impacts.
As noted above, we believe all prepared feed manufacturing
facilities already implement the proposed management practices.
Therefore, there will be no additional costs for these measures. We
estimate that the nationwide capital costs for the installation of
cyclones on the pelleting cooling operations at the large facilities
will be just over $3 million. The associated annual costs are estimated
to be just under $4 million/year.
Many of the plants in this analysis have fewer than 500 employees,
which is the threshold to be considered ``small'' by the Small Business
Administration. It is currently estimated only around 2 percent of the
facilities in the category would potentially need to change under the
proposed regulatory alternative. The potential impact on the industry
as a percentage of the value of shipments is small. Under the proposed
regulatory alternative, the largest potential impact is estimated as