Amendments to National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Prepared Feeds Manufacturing, 42030-42033 [2010-17710]

Download as PDF 42030 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Proposed Rules increase in onroad mobile source emissions that can be considered for transportation conformity purposes is well within the safety margins of the ozone maintenance demonstration. Further, once allocated to mobile sources, these safety margins will not be available for use by other sources. C. 2005 Comprehensive Emissions Inventory As discussed above, section 172(c)(3) of the CAA requires nonattainment areas to submit a comprehensive, accurate and current inventory of actual emissions. As part of Michigan’s redesignation request for the Allegan County area, the State submitted a 2005 emissions inventory. This inventory is discussed above in section VI.A.3.b. and summarized in Table 2. EPA is proposing to approve this 2005 inventory as meeting the section 172(c)(3) emissions inventory requirement. wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 VII. What actions is EPA taking? EPA is proposing to determine that the Allegan County, Michigan area has attained the 1997 8-hour ozone NAAQS. EPA is proposing to approve the redesignation of the Allegan County area from nonattainment to attainment for the 1997 8-hour ozone NAAQS. After evaluating the redesignation request submitted by Michigan, EPA believes that the request meets the redesignation criteria set forth in section 107(d)(3)(E) of the CAA. The final approval of this redesignation request would change the official designation for the Allegan County area from nonattainment to attainment for the 1997 8-hour ozone standard. EPA is also proposing to approve the maintenance plan SIP revision for the Allegan County area. EPA’s proposed approval of the maintenance plan is based on the State’s demonstration that the plan meets the requirements of section 175A of the CAA, as described more fully above. EPA is proposing to approve MDNRE’s 2005 emissions inventory for the Allegan County area as meeting the requirements of section 172(c)(3) of the CAA. Finally, EPA finds adequate and is proposing to approve the State’s 2021 MVEBs for the Allegan County area. VIII. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those VerDate Mar<15>2010 15:03 Jul 19, 2010 Jkt 220001 imposed by State law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, these actions merely do not impose additional requirements beyond those imposed by State law and the Clean Air Act. For that reason, these actions: • Are not ‘‘significant regulatory actions’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Are certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Do not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Are not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Are not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Do not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because redesignation is an action that affects the status of a geographical area and PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 does not impose any new regulatory requirements on Tribes, impact any existing sources of air pollution on Tribal lands, nor impair the maintenance of ozone national ambient air quality standards in Tribal lands. However, because there are Tribal lands located in Allegan County, we provided the affected Tribe with the opportunity to consult with EPA on the redesignation. The affected Tribe raised no concerns with the proposed rule. List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Ozone, Nitrogen dioxides, Reporting and recordkeeping requirements, Volatile organic compounds. 40 CFR Part 81 Environmental protection, Air pollution control. Authority: 42 U.S.C. 7401 et seq. Dated: July 8, 2010. Susan Hedman, Regional Administrator, Region 5. [FR Doc. 2010–17680 Filed 7–19–10; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2008–0080; FRL–9176–6] RIN 2060–AQ26 Amendments to National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Prepared Feeds Manufacturing AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing three amendments to the regulatory text in the prepared feeds manufacturing area source rule. First, this action would correct the date for new sources to submit a Notification of Compliance Status (NOCS) form. Second, this action would correct information that needs to be included in the Notification of Compliance Report for those small facilities that are not required to install cyclones on their pelleting operations. Third, this action would add language to the regulatory text requiring submittal of the annual compliance certification report that was inadvertently left out of the final rule. These corrections and clarifications would not change the E:\FR\FM\20JYP1.SGM 20JYP1 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Proposed Rules standards established by the rule. These corrections and clarifications also would not result in the imposition of any costs beyond those included in the final rule. DATES: Written comments must be received on or before September 3, 2010. Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2008–0080, 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: a-and-r-Docket@epa.gov. Include Docket ID No. EPA–HQ–OAR– 2008–0080 in the subject line of the message. • Fax: Send comments to (202) 566– 9744, Attention Docket ID No. EPA– HQ–OAR–2008–0080. • Mail: Area Source NESHAP for Prepared Feeds Manufacturing Docket, Environmental Protection Agency, Air and Radiation Docket and Information Center, Mailcode: 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total of two copies. • Hand Delivery: EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20460. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2008– 0080. 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 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 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 ADDRESSES: VerDate Mar<15>2010 15:03 Jul 19, 2010 Jkt 220001 and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2008–0080. All documents in the docket are listed in the Federal Docket Management System index at https://www.regulations.gov. Although listed in the index, some information is not publicly available (e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute). Certain other material, such as copyrighted material, will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https://www.regulations.gov or in hard copy at the EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Jan King, Regulatory Development and Policy Analysis Group, Office of Air Quality Planning and Standards (C404– 05), Environmental Protection Agency, Research Triangle Park, NC 27711. Telephone number: (919) 541–5665; fax number: (919) 541–0242; e-mail address: king.jan@epa.gov. The information presented in this preamble is organized as follows: SUPPLEMENTARY INFORMATION: I. Why is EPA issuing this proposed rule? II. Does this action apply to me? III. Where can I get a copy of this document? IV. What amendments are we making to the rule? V. 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 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 42031 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. Why is EPA issuing this proposed rule? This document proposes to take action on three amendments to the regulatory text in the prepared feeds manufacturing area source rule. We have published a direct final rule amending the regulatory text in the prepared feeds manufacturing area source rule in the ‘‘Rules and Regulations’’ section of this Federal Register because we view this as a noncontroversial action and anticipate no adverse comment. We have explained our reasons for this action in the preamble to the direct final rule. If we receive no adverse comment by September 3, 2010, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the amendments in the direct final rule or certain amendments in the direct final rule and those amendments will not take effect. We would address all public comments in any subsequent final rule based on this proposed rule. In the ‘‘Rules and Regulations’’ section of this Federal Register, we are amending the regulatory text in the prepared feeds manufacturing area source rule as a direct final rule without a prior proposal. If we receive no adverse comment on that direct final rule, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the amendments in the direct final rule or certain amendments in the direct final rule and those amendments will not take effect. The regulatory text for this proposal is identical to that for the direct final rule. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information proved in the ADDRESSES section of this document. II. Does this action apply to me? Regulated Entities. Categories and entities potentially regulated by the proposed rule include: E:\FR\FM\20JYP1.SGM 20JYP1 42032 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Proposed Rules NAICS code 1 Category entities Other Animal Foods Manufacturing ............................................ 1 North 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 is regulated by this action, you should examine the applicability criteria in 40 CFR 63.11619, subpart DDDDDDD (NESHAP for Area Sources: Prepared Feeds Manufacturing). If you have any questions regarding the applicability of this action to a particular entity, consult either the State delegated authority or the EPA regional representative, as listed in 40 CFR 63.13 of subpart A (General Provisions). III. Where can I get a copy of this document? Electronic Access. 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 final 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. wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 311119 Examples of regulated entities IV. What amendments are we making to this rule? On January 5, 2010 (75 FR 522), the EPA promulgated the national emission standards for hazardous air pollutants (NESHAP) for area source prepared feeds manufacturing facilities as subpart DDDDDDD in 40 CFR part 63. Today’s action proposes the following corrections and clarifications: 1. The date for new sources to submit the Notification of Compliance Form is corrected from ‘‘within 120 days of startup, or by May 4, 2012, whichever is later,’’ to within 120 days of startup or October 18, 2010, whichever is later. 2. Small facilities that are not subject to the requirement to install and operate a cyclone to control emissions from pelleting operations must submit documentation of their initial average daily feed production level in their Notification of Compliance Status report. The final rule used the incorrect term ‘‘initial daily pelleting production level.’’ This is being corrected to indicate that documentation of the ‘‘initial average daily feed production level’’ be submitted. VerDate Mar<15>2010 15:03 Jul 19, 2010 Jkt 220001 3. The requirement to submit the annual compliance certification report under certain circumstances is added. This requirement was in the proposed rule but inadvertently deleted in the final rule. These changes provide corrections and clarifications that are referenced in the final rule published on January 5, 2010. Today’s action notifies interested parties of the proposed amendments. V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This proposed action is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is, therefore, not subject to review under the Executive Order. B. Paperwork Reduction Act This action does not impose any new information collection burden. The proposed amendments result in no changes to the information collection requirements of the existing standards of performance and will have little or no impact on the information collection estimate of projected cost and hour burden made and approved by the Office of Management and Budget (OMB) during the development of the existing standards of performance. Therefore, the information collection requests have not been amended. However, OMB has previously approved the information collection requirements contained in the existing regulations (subpart DDDDDDD, 40 CFR part 63) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2060–0635 (ICR 2354.02). The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule would not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 small not-for-profit enterprises, and small governmental jurisdictions. For the purposes of assessing the impacts of this rule on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration’s (SBA) regulations found at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000; and (3) a small organization that is any not-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 proposed action will not have a significant economic impact on a substantial number of small entities. This action does not impose any additional costs over those in the final rule published on January 5, 2010 (75 FR 522). We continue to be interested in the potential impacts of this proposed amendment on small entities and welcome comments on issues related to such impacts. D. Unfunded Mandates Reform Act This proposed rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and Tribal governments, in the aggregate, or to the private sector in any one year. This proposed rule is not expected to impact State, local, or Tribal governments. Thus, this rule would not be subject to the requirements of sections 202 and 205 of the Unfunded Mandates Reform Act (UMRA). This proposed rule would also not be subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. E. Executive Order 13132: Federalism 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, E:\FR\FM\20JYP1.SGM 20JYP1 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Proposed Rules 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. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This proposed action does not have Tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). This proposed rule imposes no requirements on Tribal governments; thus, Executive Order 13175 does not apply to this proposed 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 FR 19885, April 23, 1997) as applying to those regulatory actions that concern health or safety risks, such that the analysis required under section 5– 501 of the Order has the potential to influence the regulation. This proposed action is not subject to Executive Order 13045 because it is based solely on technology performance. This proposed rule 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. wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: July 14, 2010. Lisa P. Jackson, Administrator. BILLING CODE 6560–50–P Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104–113 (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards 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 Jkt 220001 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 would 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. [FR Doc. 2010–17710 Filed 7–19–10; 8:45 am] I. National Technology Transfer and Advancement Act 15:03 Jul 19, 2010 J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations List of Subjects for 40 CFR Part 63 H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use VerDate Mar<15>2010 available and applicable voluntary consensus standards. These proposed rule amendments do not involve technical standards as defined in the NTTAA. Therefore, this proposed rule is not subject to NTTAA. DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R6–ES–2010–0047] [MO 92210–0–0008] Endangered and Threatened Wildlife and Plants; 90–Day Finding on a Petition to List Pinus albicaulis (Whitebark Pine) as Endangered or Threatened with Critical Habitat AGENCY: Fish and Wildlife Service, Interior. PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 42033 ACTION: Notice of petition finding and initiation of status review. SUMMARY: We, the U.S. Fish and Wildlife Service, announce a 90-day finding on a petition to list Pinus albicaulis (whitebark pine) as endangered or threatened under the Endangered Species Act of 1973, as amended and to designate critical habitat. Based on our review, we find that the petition presents substantial scientific or commercial information indicating that listing P. albicaulis may be warranted. Therefore, with the publication of this notice, we are initiating a review of the status of the species to determine if listing P. albicaulis is warranted. To ensure that this status review is comprehensive, we are requesting scientific and commercial data and other information regarding this species. Based on the status review, we will issue a 12–month finding on the petition, which will address whether the petitioned action is warranted, as provided in section 4(b)(3)(B) of the Act. DATES: To allow us adequate time to conduct this review, we request that we receive information on or before September 20, 2010. Please note that if you are using the Federal eRulemaking Portal (see ADDRESSES section, below), the deadline for submitting an electronic comment is 11:59 p.m. Eastern Standard Time on this date. After September 20, 2010, you must submit information directly to the Field Office (see FOR FURTHER INFORMATION CONTACT section below). Please note that we may not be able to address or incorporate information that we receive after the above requested date. ADDRESSES: You may submit information by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. In the box that reads ‘‘Enter Keyword or ID,’’ enter the docket number for this finding, which is FWS–R6–ES–2010–0047. Check the box that reads ‘‘Open for Comment/ Submission,’’ and then click the Search button. You should then see an icon that reads ‘‘Submit a Comment.’’ Please ensure that you have found the correct rulemaking before submitting your comment. • U.S. mail or hand-delivery: Public Comments Processing, Attn: FWS–R6– ES–2010–0047; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203. We will post all information received on https://www.regulations.gov. This generally means that we will post any personal information you provide us E:\FR\FM\20JYP1.SGM 20JYP1

Agencies

[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Proposed Rules]
[Pages 42030-42033]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17710]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0080; FRL-9176-6]
RIN 2060-AQ26


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing three amendments to the regulatory text in 
the prepared feeds manufacturing area source rule. First, this action 
would correct the date for new sources to submit a Notification of 
Compliance Status (NOCS) form. Second, this action would correct 
information that needs to be included in the Notification of Compliance 
Report for those small facilities that are not required to install 
cyclones on their pelleting operations. Third, this action would add 
language to the regulatory text requiring submittal of the annual 
compliance certification report that was inadvertently left out of the 
final rule. These corrections and clarifications would not change the

[[Page 42031]]

standards established by the rule. These corrections and clarifications 
also would not result in the imposition of any costs beyond those 
included in the final rule.

DATES: Written comments must be received on or before September 3, 
2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0080, 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: a-and-r-Docket@epa.gov. Include Docket ID No. EPA-
HQ-OAR-2008-0080 in the subject line of the message.
     Fax: Send comments to (202) 566-9744, Attention Docket ID 
No. EPA-HQ-OAR-2008-0080.
     Mail: Area Source NESHAP for Prepared Feeds Manufacturing 
Docket, Environmental Protection Agency, Air and Radiation Docket and 
Information Center, Mailcode: 2822T, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. Please include a total of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20460. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0080. 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 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.
    Docket: EPA has established a docket for this action under Docket 
ID No. EPA-HQ-OAR-2008-0080. All documents in the docket are listed in 
the Federal Docket Management System index at https://www.regulations.gov. Although listed in the index, some information is 
not publicly available (e.g., confidential business information (CBI) 
or other information whose disclosure is restricted by statute). 
Certain other material, such as copyrighted material, will be publicly 
available only in hard copy form. Publicly available docket materials 
are available either electronically through https://www.regulations.gov 
or in hard copy at the EPA Docket Center, Public Reading Room, EPA 
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Air 
Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Jan King, Regulatory Development and 
Policy Analysis Group, Office of Air Quality Planning and Standards 
(C404-05), Environmental Protection Agency, Research Triangle Park, NC 
27711. Telephone number: (919) 541-5665; fax number: (919) 541-0242; e-
mail address: king.jan@epa.gov.

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

I. Why is EPA issuing this proposed rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. What amendments are we making to the rule?
V. 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. Why is EPA issuing this proposed rule?

    This document proposes to take action on three amendments to the 
regulatory text in the prepared feeds manufacturing area source rule. 
We have published a direct final rule amending the regulatory text in 
the prepared feeds manufacturing area source rule in the ``Rules and 
Regulations'' section of this Federal Register because we view this as 
a noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule.
    If we receive no adverse comment by September 3, 2010, we will not 
take further action on this proposed rule. If we receive adverse 
comment, we will withdraw the amendments in the direct final rule or 
certain amendments in the direct final rule and those amendments will 
not take effect. We would address all public comments in any subsequent 
final rule based on this proposed rule.
    In the ``Rules and Regulations'' section of this Federal Register, 
we are amending the regulatory text in the prepared feeds manufacturing 
area source rule as a direct final rule without a prior proposal. If we 
receive no adverse comment on that direct final rule, we will not take 
further action on this proposed rule. If we receive adverse comment, we 
will withdraw the amendments in the direct final rule or certain 
amendments in the direct final rule and those amendments will not take 
effect. The regulatory text for this proposal is identical to that for 
the direct final rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information proved in the 
ADDRESSES section of this document.

II. Does this action apply to me?

    Regulated Entities. Categories and entities potentially regulated 
by the proposed rule include:

[[Page 42032]]



------------------------------------------------------------------------
                                                  Examples of regulated
       Category entities         NAICS code \1\          entities
------------------------------------------------------------------------
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 is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.11619, 
subpart DDDDDDD (NESHAP for Area Sources: Prepared Feeds 
Manufacturing). If you have any questions regarding the applicability 
of this action to a particular entity, consult either the State 
delegated authority or the EPA regional representative, as listed in 40 
CFR 63.13 of subpart A (General Provisions).

III. Where can I get a copy of this document?

    Electronic Access. 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 final 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.

IV. What amendments are we making to this rule?

    On January 5, 2010 (75 FR 522), the EPA promulgated the national 
emission standards for hazardous air pollutants (NESHAP) for area 
source prepared feeds manufacturing facilities as subpart DDDDDDD in 40 
CFR part 63. Today's action proposes the following corrections and 
clarifications:
    1. The date for new sources to submit the Notification of 
Compliance Form is corrected from ``within 120 days of startup, or by 
May 4, 2012, whichever is later,'' to within 120 days of startup or 
October 18, 2010, whichever is later.
    2. Small facilities that are not subject to the requirement to 
install and operate a cyclone to control emissions from pelleting 
operations must submit documentation of their initial average daily 
feed production level in their Notification of Compliance Status 
report. The final rule used the incorrect term ``initial daily 
pelleting production level.'' This is being corrected to indicate that 
documentation of the ``initial average daily feed production level'' be 
submitted.
    3. The requirement to submit the annual compliance certification 
report under certain circumstances is added. This requirement was in 
the proposed rule but inadvertently deleted in the final rule.
    These changes provide corrections and clarifications that are 
referenced in the final rule published on January 5, 2010. Today's 
action notifies interested parties of the proposed amendments.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This proposed action is not a ``significant regulatory action'' 
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) 
and is, therefore, not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The proposed amendments result in no changes to the information 
collection requirements of the existing standards of performance and 
will have little or no impact on the information collection estimate of 
projected cost and hour burden made and approved by the Office of 
Management and Budget (OMB) during the development of the existing 
standards of performance. Therefore, the information collection 
requests have not been amended. However, OMB has previously approved 
the information collection requirements contained in the existing 
regulations (subpart DDDDDDD, 40 CFR part 63) under the provisions of 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned 
OMB control number 2060-0635 (ICR 2354.02). The OMB control numbers for 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule 
would not have a significant economic impact on a substantial number of 
small entities. Small entities include small businesses, small not-for-
profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of this rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations found at 13 
CFR 121.201; (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district, or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this proposed action will not have a 
significant economic impact on a substantial number of small entities. 
This action does not impose any additional costs over those in the 
final rule published on January 5, 2010 (75 FR 522). We continue to be 
interested in the potential impacts of this proposed amendment on small 
entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This proposed rule does not contain a Federal mandate that may 
result in expenditures of $100 million or more for State, local, and 
Tribal governments, in the aggregate, or to the private sector in any 
one year. This proposed rule is not expected to impact State, local, or 
Tribal governments. Thus, this rule would not be subject to the 
requirements of sections 202 and 205 of the Unfunded Mandates Reform 
Act (UMRA).
    This proposed rule would also not be subject to the requirements of 
section 203 of UMRA because it contains no regulatory requirements that 
might significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    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,

[[Page 42033]]

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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This proposed action does not have Tribal implications, as 
specified in Executive Order 13175 (65 FR 67249, November 9, 2000). 
This proposed rule imposes no requirements on Tribal governments; thus, 
Executive Order 13175 does not apply to this proposed 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 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the Order 
has the potential to influence the regulation. This proposed action is 
not subject to Executive Order 13045 because it is based solely on 
technology performance.

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

    This proposed rule 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.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113 (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards 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 
available and applicable voluntary consensus standards.
    These proposed rule amendments do not involve technical standards 
as defined in the NTTAA. Therefore, this proposed rule is not subject 
to NTTAA.

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 would 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.

List of Subjects for 40 CFR Part 63

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

    Dated: July 14, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-17710 Filed 7-19-10; 8:45 am]
BILLING CODE 6560-50-P
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