Amendments to National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Prepared Feeds Manufacturing, 41991-41994 [2010-17711]

Download as PDF Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Rules and Regulations a. A loose supplement to a bound Periodicals publication must bear on the front/cover page the endorsement ‘‘Supplement to’’ followed by one of the following: the title of the publication, the name of the publisher, or ‘‘Periodicals Publication.’’ A bound publication with one or more supplements must be enclosed in a wrapper. However, a wrapper is not required when a loose supplement is included within the same mailing as the host publication, bears a proper delivery address, contains at least 25% nonadvertising material, and includes on the front/cover page the endorsement ‘‘Periodicals Supplement to’’ followed by the exact title and issue date of the host publication. The external dimensions of such unwrapped supplements may exceed those of the host publication provided they are of the same processing category as the host publication. If a supplement to a bound publication is formed of more than one sheet, all sheets making up the supplement must be bound together. * * * * * [Renumber current 3.3.9 and 3.3.10 as 3.3.10 and 3.3.11 accordingly, and add new 3.3.9 to provide for ‘‘product samples’’ in Periodicals publications as follows:] wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 3.3.9 Product Samples Subject to the requirements in 3.3.1 and 3.4.5, product samples: Related to print advertising in the issue and are not offered for sale within the meaning of 3.4.2a and 3.4.3 may be included in a Periodicals publication as a page, or part of a multilayer page. Examples include, but are not limited to, a swatch of cloth; a paper towel as part of a printed page, or printed paper towel; a band-aid; and fragrance, cosmetics, lotions, or eatables in packet form. The combined weight of product samples in an issue is limited to 3.3 ounces. Any product sample in the form of a packet is limited in total weight to no more than one ounce, but does not include the page weight upon which the packet is affixed. Packet product samples also must have a minimum burst strength of 3,000 pounds per square inch (psi). Travel size and similar small products in commercially available form or packaging do not qualify as permissible product samples, even if less than 3.3 ounces. In addition, CDs, DVDs, and similar media do not qualify as permissible product samples. Permissible product samples: a. Are not eligible with letter-size pieces; b. Must comply with hazmat standards (601.10.5); VerDate Mar<15>2010 15:05 Jul 19, 2010 Jkt 220001 c. Must comply with machinability standards, e.g. uniform thickness (301.1.4); d. Must not be attached to the front or back cover page of the host Periodicals publication, or any other permissible component; e. Must be secured in place (spine or tip-on interior page) to prevent shifting (601.2.1); and, f. Must be placed at least 3⁄4 inch from all non-bound edges of any interior page. * * * * * 3.4 Impermissible Mailpiece Components * * 3.4.3 * * * Products [Revise 3.4.3 to update examples of impermissible ‘‘products’’ in Periodicals publications as follows:] Except as provided for in 3.3.9, products may not be mailed at Periodicals prices. Examples include stationery (such as pads of paper or blank printed forms); cassettes; floppy disks; CDs; DVDs; merchandise, including travel-size merchandise in commercially available form or packaging; and wall, desk, and blank calendars. Printed pages, including oversized pages and calendars, are not considered products if they are not offered for sale. * * * * * 3.5 Mailpiece Construction * * 3.5.4 * * * Without Mailing Wrapper [Revise the last sentence of 3.5.4 to allow for 3⁄4 inch clearance of any open edge on attachments to a Periodicals publication as follows:] When the mailpiece does not have a mailing wrapper, all the components of an unbound publication must be combined with and inserted inside the publication. Only enclosures mailable at Periodicals prices under 3.3.4 may be included loose inside a bound unwrapped publication. An enclosure under 3.3.3c, Enclosures at First-Class Mail or Standard Mail Prices, or 3.3.4, Loose Enclosures at Periodicals Prices, or a single sheet prepared as an attachment under 3.3.8c, may be securely attached along the bound edge on the outside of an unwrapped publication if it does not exceed any dimension of the cover of the publication and comes within 3⁄4 inch of any open edge. * * * * * PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 3.5.6 41991 Cover Page and Protective Cover [Revise the first sentence of 3.5.6 to allow for 3⁄4 inch clearance of any open edge on a protective cover to a Periodicals publication as follows:] If the piece is not completely enclosed in a mailing wrapper, then any protective cover or cover page must cover both the front and back of the host publication and extend to within at least 3⁄4 inch of any open edge. Exception: Flat-size pieces may have short covers as provided in 301.3.5.2. If the host publication is bound, the protective cover must be permanently attached to the publication. * * * * * We will publish an appropriate amendment to 39 CFR Part 111 to reflect these changes. Neva R. Watson, Attorney, Legislative. [FR Doc. 2010–17459 Filed 7–19–10; 8:45 am] BILLING CODE 7710–12–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2008–0080; FRL–9176–7] 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: Direct final rule. SUMMARY: EPA is taking direct final action on three amendments to the regulatory text in the prepared feeds manufacturing area source rule. First, this action corrects the date for new sources to submit a Notification of Compliance Status (NOCS) form. Second, this action corrects 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 adds language to the regulatory text that was inadvertently left out of the final rule requiring submittal of the annual compliance certification report. These corrections and clarifications will not change the standards established by the rule and not result in the imposition of any costs beyond those included in the final rule. DATES: This direct final rule is effective on November 2, 2010, without further E:\FR\FM\20JYR1.SGM 20JYR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 41992 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Rules and Regulations notice, unless EPA receives adverse comment by September 3, 2010. If we receive adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that some or all of the amendments in this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2008–0080, by one of the following methods: • Federal eRulemaking Portal: 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., (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: 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 and Advancement Act J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act I. Why is EPA using a direct final 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 this rule? II. Does this action apply to me? NAICS code 1 Category Other Animal Foods Manufacturing ............................................ 1 North 311119 I. Why is EPA using a direct final rule? We are publishing the rule without a prior proposed rule because we view this as a non-controversial action and anticipate no adverse comment. As explained below, this action amends the date for new sources to submit a Notification of Compliance Status (NOCS) form; corrects 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; and adds language to the regulatory text that was inadvertently left out of the final rule requiring submittal of the annual compliance certification report. Because this is an amendment of regulatory language through rulemaking, a redline version of the regulatory language has been created and has been placed in the docket (https:// www.regulations.gov, see Docket No. EPA–HQ–OAR–2008–0080) to aid the public’s ability to comment on the regulatory text. If we receive relevant adverse comment on this direct final rule, we will publish a timely withdrawal in the Federal Register informing the public that some or all of the amendments in this rule will not take effect. Any parties interested in commenting must do so at this time. Regulated Entities. The regulated categories and entities potentially affected by the final rule include: Examples of regulated entities Animal feeds, prepared (except dog and cat), manufacturing. American Industry Classification System. VerDate Mar<15>2010 15:05 Jul 19, 2010 Jkt 220001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\20JYR1.SGM 20JYR1 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Rules and Regulations 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). The corrections will become effective on November 2, 2010, without further notice, unless EPA receives adverse comment by September 3, 2010. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that some or all of the amendments in this rule will take affect. Today’s action notifies interested parties of the amendments. III. Where can I get a copy of this document? This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is, therefore, not subject to review under the Executive Order. Electronic Access. In addition to being available in the docket, an electronic copy of this direct final action will also be available on the Worldwide Web (WWW) through the Technology Transfer Network (TTN). 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 RULES_PART 1 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 contains 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 is added. This requirement was in the proposed rule but inadvertently deleted in the final rule. VerDate Mar<15>2010 15:05 Jul 19, 2010 Jkt 220001 V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review 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 regulations PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 41993 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 direct final rule on small entities, I certify that this 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). D. Unfunded Mandates Reform Act This direct final 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 direct final 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 final 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 direct final rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. This direct final rule does not impose any requirements on State and local governments. Thus, Executive Order 13132 does not apply to this rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have Tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). This direct final rule imposes no requirements on Tribal governments; thus, Executive Order 13175 does not apply to this action. E:\FR\FM\20JYR1.SGM 20JYR1 41994 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Rules and Regulations 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 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 direct final 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 direct final rule amendments do not involve technical standards as defined in the NTTAA. Therefore, this direct final rule is not subject to NTTAA. wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 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 VerDate Mar<15>2010 15:05 Jul 19, 2010 Jkt 220001 populations and low-income populations in the United States. EPA has determined that this direct final 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. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801, et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of Congress and to the Comptroller General of the United States. EPA will submit a report containing these final rule amendments and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the final rule amendments in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This direct final rule will be effective on November 2, 2010. 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. For the reasons set out in the preamble, title 40, chapter I, part 63, subpart DDDDDDD of the Code of Federal Regulations is amended as follows: PART 63—[AMENDED] 1. The authority citation for part 63 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. Subpart DDDDDDD—[Amended] 2. Section 63.11624 is amended as follows: ■ a. Revising the second sentence of paragraph (a)(2) introductory text; ■ b. Revising paragraph (a)(2)(iv); and ■ Frm 00032 Fmt 4700 § 63.11624 What are the notification, reporting, and recordkeeping requirements? (a) * * * (2) * * * 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 October 18, 2010, whichever is later. * * * * * * * * (iv) If you own or operate an affected source that is not subject to the requirement in § 63.11621(e) to install and operate a cyclone to control emissions from pelleting operations because your initial average daily feed production level was 50 tpd or less, documentation of your initial average daily feed production level determination. (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)(6) of this section. You must submit the report if you had any instance described by paragraph (b)(3) or (b)(4) of this section. * * * * * [FR Doc. 2010–17711 Filed 7–19–10; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 41 CFR Part 102–5 [FMR Amendment 2010–02; FMR Case 2010–102–4; Docket 2010–0013, Sequence 1] RIN 3090–AJ05 ■ PO 00000 c. Revising paragraph (b) introductory text. The revisions are to read as follows: ■ Sfmt 4700 Federal Management Regulation; Home-to-Work Transportation AGENCY: Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Final rule. SUMMARY: The General Services Administration is amending the Federal Management Regulation (FMR) to clarify existing Home-to-Work Transportation policy. This final rule updates and clarifies who is not covered by 41 CFR part 102–5. DATES: Effective Date: This final rule is effective on July 20, 2010. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. E:\FR\FM\20JYR1.SGM 20JYR1

Agencies

[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Rules and Regulations]
[Pages 41991-41994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17711]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0080; FRL-9176-7]
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: Direct final rule.

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

SUMMARY: EPA is taking direct final action on three amendments to the 
regulatory text in the prepared feeds manufacturing area source rule. 
First, this action corrects the date for new sources to submit a 
Notification of Compliance Status (NOCS) form. Second, this action 
corrects 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 adds 
language to the regulatory text that was inadvertently left out of the 
final rule requiring submittal of the annual compliance certification 
report. These corrections and clarifications will not change the 
standards established by the rule and not result in the imposition of 
any costs beyond those included in the final rule.

DATES: This direct final rule is effective on November 2, 2010, without 
further

[[Page 41992]]

notice, unless EPA receives adverse comment by September 3, 2010. If we 
receive adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that some or all of the 
amendments in this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0080, by one of the following methods:
     Federal eRulemaking Portal: 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., (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 using a direct final 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 this 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 and Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Why is EPA using a direct final rule?

    We are publishing the rule without a prior proposed rule because we 
view this as a non-controversial action and anticipate no adverse 
comment. As explained below, this action amends the date for new 
sources to submit a Notification of Compliance Status (NOCS) form; 
corrects 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; and adds language to 
the regulatory text that was inadvertently left out of the final rule 
requiring submittal of the annual compliance certification report.
    Because this is an amendment of regulatory language through 
rulemaking, a redline version of the regulatory language has been 
created and has been placed in the docket (https://www.regulations.gov, 
see Docket No. EPA-HQ-OAR-2008-0080) to aid the public's ability to 
comment on the regulatory text.
    If we receive relevant adverse comment on this direct final rule, 
we will publish a timely withdrawal in the Federal Register informing 
the public that some or all of the amendments in this rule will not 
take effect. Any parties interested in commenting must do so at this 
time.

II. Does this action apply to me?

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

------------------------------------------------------------------------
                                                  Examples of regulated
            Category             NAICS code \1\          entities
------------------------------------------------------------------------
Other Animal Foods                       311119  Animal feeds, prepared
 Manufacturing.                                   (except dog and cat),
                                                  manufacturing.
------------------------------------------------------------------------
\1\ North American Industry Classification System.


[[Page 41993]]

    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 direct final 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 contains 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 is added. This requirement was in the proposed rule but 
inadvertently deleted in the final rule.
    The corrections will become effective on November 2, 2010, without 
further notice, unless EPA receives adverse comment by September 3, 
2010. If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that some or 
all of the amendments in this rule will take affect. Today's action 
notifies interested parties of the amendments.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is, 
therefore, not subject to review under 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 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 direct final rule on 
small entities, I certify that this 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).

D. Unfunded Mandates Reform Act

    This direct final 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 direct final 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 final 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 direct final rule does not have federalism implications. It 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132. This direct final 
rule does not impose any requirements on State and local governments. 
Thus, Executive Order 13132 does not apply to this rule.

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

    This action does not have Tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This direct 
final rule imposes no requirements on Tribal governments; thus, 
Executive Order 13175 does not apply to this action.

[[Page 41994]]

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 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 direct final 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 direct final rule amendments do not involve technical 
standards as defined in the NTTAA. Therefore, this direct final 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 direct final 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.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of Congress and to the Comptroller General 
of the United States. EPA will submit a report containing these final 
rule amendments and other required information to the U.S. Senate, the 
U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the final rule amendments in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). This direct final rule will be 
effective on November 2, 2010.

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.

0
For the reasons set out in the preamble, title 40, chapter I, part 63, 
subpart DDDDDDD of the Code of Federal Regulations is amended as 
follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart DDDDDDD--[Amended]

0
2. Section 63.11624 is amended as follows:
0
a. Revising the second sentence of paragraph (a)(2) introductory text;
0
b. Revising paragraph (a)(2)(iv); and
0
c. Revising paragraph (b) introductory text.
    The revisions are to read as follows:


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

    (a) * * *
    (2) * * * 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 October 18, 2010, whichever is later. * 
* *
* * * * *
    (iv) If you own or operate an affected source that is not subject 
to the requirement in Sec.  63.11621(e) to install and operate a 
cyclone to control emissions from pelleting operations because your 
initial average daily feed production level was 50 tpd or less, 
documentation of your initial average daily feed production level 
determination.
    (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)(6) of this section. You must submit the 
report if you had any instance described by paragraph (b)(3) or (b)(4) 
of this section.
* * * * *
[FR Doc. 2010-17711 Filed 7-19-10; 8:45 am]
BILLING CODE 6560-50-P
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