National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants, 2832-2837 [2011-759]

Download as PDF 2832 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations PART 52—[AMENDED] Subpart VV—Virginia 2. In § 52.2420, the table in paragraph (c) is amended by revising the entry for Section 5–30–55 and by adding the entry for Section 5–30–56. The table in paragraph (e) is amended by adding an entry for ‘‘Documents Incorporated by ■ 1. The authority citation for 40 CFR part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Reference’’ after the ninth existing entry for ‘‘Documents Incorporated by Reference.’’ The amendments read as follows: § 52.2420 * Identification of plan. * * (c) * * * * * EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES State citation State effective date Title/subject * * * 9 VAC 5, Chapter 30 * * Ambient Air Quality Standards [Part III] * 5–30–55 ............................ * * * Ozone (8-hour, 0.08 ppm) ......................................... * 6/24/09 5–30–56 ............................ Ozone (8-hour, 0.075 ppm) ....................................... 6/24/09 * * * * * (e) * * * * * * * * * Documents Incorporated by Reference (9 VAC 5– 20–21, Sections B and E.1.). * Statewide ........................ * * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60 and 63 [EPA–HQ–OAR–2002–0051; EPA–HQ–OAR– 2007–0877; FRL–9253–4] WReier-Aviles on DSKDVH8Z91PROD with RULES RIN 2060–AQ59 National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants * * Revised section. Added section. * * 9/27/10 Jkt 223001 The EPA is taking direct final action on amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) from the Portland Cement Manufacturing Industry and Standards of Performance (NSPS) for Portland Cement Plants. The final rules were published on September 9, 2010. This direct final action amends certain regulatory text to clarify compliance dates and clarifies that the previously issued emission limits that were changed in the September 9, 2010, action remain in effect until sources are required to comply with the revised limits. We are also correcting two minor typographical errors in the regulatory text to the September 9, 2010 action. The direct final rule is effective on March 21, 2011, without further notice, unless EPA receives significant adverse written comment by February 17, 2011, or if a public hearing is requested by February 2, 2011. If PO 00000 Frm 00034 Fmt 4700 EPA approval date Additional explanation * 1/18/11 [Insert page number where the document begins]. * Revised sections. * DATES: Environmental Protection Agency (EPA). ACTION: Direct Final rule; amendments. AGENCY: 13:37 Jan 14, 2011 * State submittal date SUMMARY: [FR Doc. 2011–487 Filed 1–14–11; 8:45 am] VerDate Mar<15>2010 * Explanation [former SIP citation] * Applicable geographic area * * * 1/18/11 [Insert page number where the document begins]. 1/18/11 [Insert page number where the document begins]. * Name of non-regulatory SIP revision * EPA approval date Sfmt 4700 * * significant adverse comments are received, EPA will publish a timely withdrawal in the Federal Register clarifying which provisions will become effective and which provisions are being withdrawn due to adverse comment. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2002–0051, by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov. • Fax: (202) 566–9744. • Mail: U.S. Postal Service, send comments to: EPA Docket Center (6102T), National Emission Standards for Hazardous Air Pollutant From the Portland Cement Manufacturing Industry Docket, Docket ID No. EPA– HQ–OAR–2002–0051, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two E:\FR\FM\18JAR1.SGM 18JAR1 WReier-Aviles on DSKDVH8Z91PROD with RULES Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations copies. In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503. • Hand Delivery: In person or by courier, deliver comments to: EPA Docket Center (6102T), Standards of Performance (NSPS) for Portland Cement Plants Docket, Docket ID No. EPA–HQ–OAR–2002–0051, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please include a total of two copies. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2002– 0051. 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: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, VerDate Mar<15>2010 13:37 Jan 14, 2011 Jkt 223001 will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the EPA Docket Center, National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry Docket, 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 Docket Center is (202) 566–1742. Mr. Keith Barnett; Office of Air Quality Planning and Standards; Sector Policies and Programs Division, Metals and Minerals Group (D243–02); Environmental Protection Agency; Research Triangle Park, NC 27711; telephone number: (919) 541–5605; fax number: (919) 541–5450; e-mail address: barnett.keith@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. What is the background for the amendments? On September 9, 2010 (75 FR 54970), EPA issued final amendments to National Emission Standards for Hazardous Air Pollutants (NESHAP) from the Portland Cement Manufacturing Industry and Review of New Source Performance Standards (NSPS) for Portland Cement Plants. EPA subsequently determined that the final rule amendments were unclear in certain areas. First, compliance dates are unclear for some sources. Second, the final rule amendments did not make clear that emission limits currently in effect for existing sources remain in effect until the compliance date of the September 9, 2010, emission standards. Third, we inadvertently omitted a required rule reference in an incorporation by reference provision. Finally, this direct final rule will correct a typographical error in Table 1 of § 63.1343(b). This action makes these clarifications and corrects these errors. We are issuing the amendments as a direct final rule, without a prior proposal, because we view the revisions as noncontroversial and anticipate no adverse comment. However, in the Proposed Rules section of this Federal Register notice, we are publishing a separate document that will serve as the proposal to amend the NESHAP and NSPS for cement production if significant adverse comments are filed. PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 2833 II. What are the changes to the final rules (75 FR 54970)? This direct final rule changes the following provisions. In § 63.1351(b) we establish a compliance date for existing sources of three years from publication of the final rule in the Federal Register for the particulate matter (PM), total hydrocarbons (THC), hydrochloric acid (HCl), and mercury emissions limits. However, we also made other changes to rule requirements, which included regulating open clinker piles and changing the requirements for opacity measurements. Because the rule text did not include specific compliance dates for these other requirements, there is uncertainty as to the compliance dates as applied to existing sources—for example, whether there is an unstated (and unintended) implication that compliance dates for standards and other changes not enumerated explicitly are different from three years after promulgation. EPA in fact intended that the same compliance date apply for all changes to rule requirements for existing sources. This is evident since EPA indicated generally that it was establishing a compliance date of three years for the September 9, 2010, requirements for existing sources (75 FR at 54993), and never discussed or otherwise suggested (in either the proposed or final rule) any alternative compliance date. We have now modified § 63.1351 to clarify that all of the amendments of standards for existing sources have a compliance date of three years from promulgation. In addition, we are clarifying the rule text to make clear that the compliance date for the monitoring requirements associated with the September 9, 2010, emission standards, including requirements for measuring clinker production, is three years from promulgation. In establishing the September 9, 2010, standards for existing cement kilns, it was not our intention to remove the existing emissions limits for these kilns adopted by EPA in 1999 and 2006. No such change was proposed, discussed, or contemplated by EPA or by any commenter. However, due to a drafting error, these provisions were inadvertently deleted. In this action we are restoring the kiln, clinker cooler, and raw material dryer emissions limits as they existed prior to the September 9, 2010, rule amendments. This includes both the new and existing source emissions limits that existed prior to September 9, 2010. Kilns that are now defined as existing sources for the mercury and THC limits promulgated on September 9, 2010, will E:\FR\FM\18JAR1.SGM 18JAR1 2834 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations still be required to meet the new source standards promulgated on December 20, 2006 (71 FR 76518), if they were subject to these emissions limits, until the compliance date for the limits promulgated on September 9, 2010, has passed. Once the compliance date for any emissions limit changed on September 9, 2010, has passed, the previous limit no longer applies. In the Incorporation by Reference section of Part 60 subpart A, we inadvertently omitted a reference to § 60.257(b)(3), which was previously incorporated in paragraph § 60.17(h)(4). In this notice, we are adding this reference to that paragraph. Finally, on Table 1 of § 63.1343 entry 16 in the column titled, ‘‘And if it is located,’’ we failed to include the words ‘‘At a major source’’ in entry 16. We are adding this language to the table. III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review Under Executive Order 12866, Regulatory Planning and Review (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and is, therefore, not subject to review by the Office of Management and Budget (OMB). (See 75 FR 55029–30) This action is a correction to certain text in the final rules and is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). However, the final rules promulgated on September 9, 2010, were reviewed by OMB. B. Paperwork Reduction Act This action does not impose any new information collection burden. This action adds clarifications and corrections the final standards. However, the Office of Management and Budget (OMB) has previously approved the information collection requirements contained in the existing regulations (75 FR 54970, September 9, 2010) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control numbers 2060– 0416 and 2060–0614. The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR part 9. WReier-Aviles on DSKDVH8Z91PROD with RULES C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial VerDate Mar<15>2010 13:37 Jan 14, 2011 Jkt 223001 number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impact of this rule on small entities, small entity is defined as: (1) A small business whose parent company has no more than 750 employees depending on the size definition for the affected NAICS code (as defined by Small Business Administration (SBA) regulations 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 impact 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 because it does not add any additional regulatory requirements. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act (UMRA), 2 U.S.C 1531– 1538, requires Federal agencies, unless otherwise prohibited by law, to assess the effects of their regulatory actions on State, local, and Tribal governments and the private sector. Federal agencies must also develop a plan to provide notice to small governments that might be significantly or uniquely affected by any regulatory requirements. The plan must enable officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates and must inform, educate, and advise small governments on compliance with the regulatory requirements. 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 the private sector in any one year. Thus, this final rule is not subject to the requirements of section 202 and 205 of the UMRA. This final action is also not subject to the requirements of section 203 of the UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. This final action contains no requirements that apply to such governments, imposes no obligations upon them, and will not result in expenditures by them of $100 million or more in any one year or any disproportionate impacts on them. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E. Executive Order 13132: Federalism Executive Order 13132 (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ This 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. None of the affected facilities are owned or operated by State governments. Thus, Executive Order 13132 does not apply to these final rules. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Subject to the Executive Order 13175 (65 FR 67249, November 9, 2000) EPA may not issue a regulation that has Tribal implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by Tribal governments, or EPA consults with Tribal officials early in the process of developing the regulation and develops a Tribal summary impact statement. This direct final rule does not have Tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have substantial direct effects on Tribal governments, on the relationship between the Federal government and Indian Tribes, or on the distribution of power and responsibilities between the Federal government and Indian Tribes, as specified in Executive Order 13175. The final rule imposes no new requirements on the one Tribally owned facility. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as E:\FR\FM\18JAR1.SGM 18JAR1 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations applying to those regulatory actions that concern health or safety risks, such that the analysis required under section 5– 501 of the Executive 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 action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866. 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 (VCS) 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 VCS bodies. NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable VCS. This action does not involve changes to the technical standards related to test methods or monitoring methods; thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply. WReier-Aviles on DSKDVH8Z91PROD with RULES J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order (EO) 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 VerDate Mar<15>2010 13:37 Jan 14, 2011 Jkt 223001 environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The direct final rule does not involve special consideration of environmental justice-related issues as required by Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994), because it does not change any regulatory requirements. This action merely corrects and clarifies existing requirements. 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 the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule 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 rule 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 correction is effective March 21, 2011. List of Subjects 40 CFR Part 60 Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. 40 CFR Part 63 Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Incorporation by reference, Reporting and recordkeeping requirements. Dated: January 10, 2011. Lisa P. Jackson, Administrator. For the reasons stated in the preamble, title 40, chapter I, of the Code PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 2835 of Federal Regulations is amended as follows: PART 60—[AMENDED] 1. The authority citation for part 60 continues to read as follows: ■ Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 7671q. Subpart A—[Amended] 2. Section 60.17 is amended by revising paragraph (h)(4) to read as follows: ■ § 60.17 Incorporations by reference. * * * * * (h) * * * (4) ANSI/ASME PTC 19.10–1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], IBR approved for § 60.56c(b)(4) of subpart Ec, § 60.63(f)(2) and (f)(4) of subpart F, § 60.106(e)(2) of subpart J, §§ 60.104a(d)(3), (d)(5), (d)(6), (h)(3), (h)(4), (h)(5), (i)(3), (i)(4), (i)(5), (j)(3), and (j)(4), 60.105a(d)(4), (f)(2), (f)(4), (g)(2), and (g)(4), 60.106a(a)(1)(iii), (a)(2)(iii), (a)(2)(v), (a)(2)(viii), (a)(3)(ii), and (a)(3)(v), and 60.107a(a)(1)(ii), (a)(1)(iv), (a)(2)(ii), (c)(2), (c)(4), and (d)(2) of subpart Ja, § 60.257(b)(3) of Subpart Y, tables 1 and 3 of subpart EEEE, tables 2 and 4 of subpart FFFF, table 2 of subpart JJJJ, and § 60.4415(a)(2) and (a)(3) of subpart KKKK of this part. PART 63—[AMENDED] 3. The authority citation for part 63 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. Subpart LLL—[Amended] 4. Section 63.1343 is amended by revising entry 16 of Table 1 in paragraph (b)(1) and adding paragraph (e) to read as follows: ■ § 63.1343 What standards apply to my kilns, clinker coolers, raw material dryers, and open clinker piles? * * * (b)(1) * * * E:\FR\FM\18JAR1.SGM 18JAR1 * * 2836 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations TABLE 1—EMISSIONS LIMITS FOR KILNS (ROWS 1–8), CLINKER COOLERS (ROWS 9–12), RAW MATERIAL DRYERS (ROWS 13–15), RAW AND FINISH MILLS (ROW 16) And the operating mode is: If your source is * * 16 ...... * An Existing or new raw or finish mill. * * All operating modes * * At a major source .... * * * * * * * (e) Emissions limits in effect prior to September 9, 2010. Any source defined Your emissions limits are: And if is located And the units of the emissions limit are: * Opacity-10 ............... * as an existing source in § 63.1351, and that was subject to a PM, mercury, THC, D/F, or opacity emissions limit prior to The oxygen correction factor is: * percent .................... * NA. * September 9, 2010, must continue to meet the limits shown in Table 2 to this section until September 9, 2013. TABLE 2—EMISSIONS LIMITS IN EFFECT PRIOR TO SEPTEMBER 9, 2010, FOR KILNS (ROWS 1–4), CLINKER COOLERS (ROW 5), AND RAW MATERIAL DRYERS (ROWS 6–9). If your source is and And if it is located at Your emissions limits are 1: And the units of the emissions limit are: 1. An existing kiln .......................... it commenced construction or reconstruction on or prior to December 2, 2005. A major source PM—0.3 ...... Opacity—20 D/F—0.2 2 .... THC—50 3 4 2. An existing kiln .......................... it commenced construction or reconstruction after December 2, 2005. A major source 3. An existing kiln .......................... it commenced construction or reconstruction on or prior to December 2, 2005. An area source PM—0.3 ...... Opacity—20 D/F—0.2 2 .... THC—20 3 5 Mercury— 41 6. D/F—0.2 2 .... THC—50 3 4 4. An existing kiln .......................... it commenced construction or reconstruction after December 2, 2005. An area source 5. An existing clinker cooler .......... NA ........................................................................................ A major source 6. An existing raw material dryer .. it commenced construction December 2, 2005. it commenced construction ber 2, 2005. it commenced construction December 2, 2005. it commenced construction ber 2, 2005. or reconstruction on or prior to A major source or reconstruction after Decem- A major source or reconstruction on or prior to An area source D/F—0.2 2 .... THC—20 3 5 Mercury— 41 6. PM—0.1 ...... Opacity—10 THC—50 3 4 Opacity—10 THC—20 3 5 Opacity—10 THC—50 3 4 lb/ton feed percent ng/dscm (TEQ) ppmvd. lb/ton feed percent ng/dscm (TEQ) ppmvd ug/dscm. ng/dscm (TEQ) ppmvd. ng/dscm (TEQ) ppmvd ug/dscm. lb/ton feed percent. ppmvd percent. ppmvd percent. ppmvd. or reconstruction after Decem- An area source THC—20 3 5 ppmvd. 7. An existing raw material dryer .. 8. An existing raw material dryer .. 9. An existing raw material dryer .. 1 All emission limits expressed as a concentration basis (ppmvd, ng/dscm) are corrected to seven percent oxygen. the average temperature at the inlet to the first particulate matter control device (fabric filter or electrostatic precipitator) during the D/F performance test is 400 °F or less, this limit is changed to 0.4 ng/dscm (TEQ). 3 Measured as propane. 4 Only applies to Greenfield kilns or raw material dryers. 5 As an alternative, a source may demonstrate a 98 percent reduction in THC emissions from the exit of the kiln or raw material dryer to discharge to the atmosphere. Inline raw mills are considered to be an integral part of the kiln. 6 As an alternative, a source may route the emissions through a packer bed or spray tower wet scrubber with a liquid-to-gas ratio of 30 gallons per 1000 actual cubic feet per minute or more and meet a site-specific emission limit based on the measured performance of the wet scrubber. WReier-Aviles on DSKDVH8Z91PROD with RULES 2 If 5. Section 63.1350 is amended by revising paragraph (d)(2) to read as follows: ■ § 63.1350 Monitoring requirements. * * * VerDate Mar<15>2010 * * 13:37 Jan 14, 2011 Jkt 223001 (d) * * * (2) Determine, record, and maintain a record of the accuracy of the system of measuring hourly clinker production (or feed mass flow if applicable). During each quarter of source operation, you PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 must determine, record, and maintain a record of the ongoing accuracy of the system of measuring hourly clinker production (or feed mass flow). * * * * * E:\FR\FM\18JAR1.SGM 18JAR1 2837 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations 6. Section 63.1351 is revised to read as follows: ■ § 63.1351 Compliance dates. (a) The compliance date for any affected existing source subject to any rule requirements that were in effect before December 20, 2006, is: (1) June 14, 2002, for sources that commenced construction before or on March 24, 1998, or (2) June 14, 1999 or startup for sources that commenced construction after March 24, 1998. (b) The compliance date for any affected existing source subject to any rule requirements that became effective on December 20, 2006, is: (1) December 21, 2009, for sources that commenced construction after December 2, 2005 and before or on December 20, 2006, or (2) Startup for sources that commenced construction after December 20, 2006. (c) The compliance date for existing sources for all the requirements that became effective on November 8, 2010 will be September 9, 2013. (d) The compliance date for new sources is November 9, 2010 or startup, whichever is later. [FR Doc. 2011–759 Filed 1–14–11; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket ID FEMA–2011–0002; Internal Agency Docket No. FEMA–B–1172] Changes in Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Interim rule. AGENCY: This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents. WReier-Aviles on DSKDVH8Z91PROD with RULES SUMMARY: State and county Location and case No. Arizona: Maricopa .. City of Peoria (10– 09–1908P). VerDate Mar<15>2010 13:37 Jan 14, 2011 Jkt 223001 These modified BFEs are currently in effect on the dates listed in the table below and revise the Flood Insurance Rate Maps (FIRMs) in effect prior to this determination for the listed communities. From the date of the second publication of these changes in a newspaper of local circulation, any person has ninety (90) days in which to request through the community that the Deputy Federal Insurance and Mitigation Administrator reconsider the changes. The modified BFEs may be changed during the 90-day period. ADDRESSES: The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–4064, or (e-mail) luis.rodriguez1@dhs.gov. DATES: The modified BFEs are not listed for each community in this interim rule. However, the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection is provided. Any request for reconsideration must be based on knowledge of changed conditions or new scientific or technical data. The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65. For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals. The modified BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP). These modified BFEs, together with the floodplain management criteria SUPPLEMENTARY INFORMATION: Date and name of newspaper where notice was published October 21, 2010, October 28, 2010, Arizona Business Gazette. PO 00000 Frm 00039 Fmt 4700 required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. The changes in BFEs are in accordance with 44 CFR 65.4. National Environmental Policy Act. This interim rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. Regulatory Classification. This interim rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This interim rule involves no policies that have federalism implications under Executive Order 13132, Federalism. Executive Order 12988, Civil Justice Reform. This interim rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 65 Flood insurance, Floodplains, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 65 is amended to read as follows: PART 65—[AMENDED] 1. The authority citation for part 65 continues to read as follows: ■ Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows: ■ Chief executive officer of community Effective date of modification The Honorable Bob Barrett, Mayor, City of Peoria, 8401 West Monroe Street, Peoria, AZ 85345. Oct. 15, 2010 ....... Sfmt 4700 E:\FR\FM\18JAR1.SGM 18JAR1 Community No. 040050

Agencies

[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Rules and Regulations]
[Pages 2832-2837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-759]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2002-0051; EPA-HQ-OAR-2007-0877; FRL-9253-4]
RIN 2060-AQ59


National Emission Standards for Hazardous Air Pollutants From the 
Portland Cement Manufacturing Industry and Standards of Performance for 
Portland Cement Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final rule; amendments.

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

SUMMARY: The EPA is taking direct final action on amendments to the 
National Emissions Standards for Hazardous Air Pollutants (NESHAP) from 
the Portland Cement Manufacturing Industry and Standards of Performance 
(NSPS) for Portland Cement Plants. The final rules were published on 
September 9, 2010. This direct final action amends certain regulatory 
text to clarify compliance dates and clarifies that the previously 
issued emission limits that were changed in the September 9, 2010, 
action remain in effect until sources are required to comply with the 
revised limits. We are also correcting two minor typographical errors 
in the regulatory text to the September 9, 2010 action.

DATES: The direct final rule is effective on March 21, 2011, without 
further notice, unless EPA receives significant adverse written comment 
by February 17, 2011, or if a public hearing is requested by February 
2, 2011. If significant adverse comments are received, EPA will publish 
a timely withdrawal in the Federal Register clarifying which provisions 
will become effective and which provisions are being withdrawn due to 
adverse comment.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0051, by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: U.S. Postal Service, send comments to: EPA Docket 
Center (6102T), National Emission Standards for Hazardous Air Pollutant 
From the Portland Cement Manufacturing Industry Docket, Docket ID No. 
EPA-HQ-OAR-2002-0051, 1200 Pennsylvania Ave., NW., Washington, DC 
20460. Please include a total of two

[[Page 2833]]

copies. In addition, please mail a copy of your comments on the 
information collection provisions to the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk 
Officer for EPA, 725 17th St., NW., Washington, DC 20503.
     Hand Delivery: In person or by courier, deliver comments 
to: EPA Docket Center (6102T), Standards of Performance (NSPS) for 
Portland Cement Plants Docket, Docket ID No. EPA-HQ-OAR-2002-0051, EPA 
West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20004. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. Please include a total of two copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2002-0051. 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: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at the EPA Docket Center, 
National Emission Standards for Hazardous Air Pollutants from the 
Portland Cement Manufacturing Industry Docket, 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 Docket Center is (202) 
566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Keith Barnett; Office of Air 
Quality Planning and Standards; Sector Policies and Programs Division, 
Metals and Minerals Group (D243-02); Environmental Protection Agency; 
Research Triangle Park, NC 27711; telephone number: (919) 541-5605; fax 
number: (919) 541-5450; e-mail address: barnett.keith@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What is the background for the amendments?

    On September 9, 2010 (75 FR 54970), EPA issued final amendments to 
National Emission Standards for Hazardous Air Pollutants (NESHAP) from 
the Portland Cement Manufacturing Industry and Review of New Source 
Performance Standards (NSPS) for Portland Cement Plants. EPA 
subsequently determined that the final rule amendments were unclear in 
certain areas. First, compliance dates are unclear for some sources. 
Second, the final rule amendments did not make clear that emission 
limits currently in effect for existing sources remain in effect until 
the compliance date of the September 9, 2010, emission standards. 
Third, we inadvertently omitted a required rule reference in an 
incorporation by reference provision. Finally, this direct final rule 
will correct a typographical error in Table 1 of Sec.  63.1343(b). This 
action makes these clarifications and corrects these errors.
    We are issuing the amendments as a direct final rule, without a 
prior proposal, because we view the revisions as noncontroversial and 
anticipate no adverse comment. However, in the Proposed Rules section 
of this Federal Register notice, we are publishing a separate document 
that will serve as the proposal to amend the NESHAP and NSPS for cement 
production if significant adverse comments are filed.

II. What are the changes to the final rules (75 FR 54970)?

    This direct final rule changes the following provisions. In Sec.  
63.1351(b) we establish a compliance date for existing sources of three 
years from publication of the final rule in the Federal Register for 
the particulate matter (PM), total hydrocarbons (THC), hydrochloric 
acid (HCl), and mercury emissions limits. However, we also made other 
changes to rule requirements, which included regulating open clinker 
piles and changing the requirements for opacity measurements. Because 
the rule text did not include specific compliance dates for these other 
requirements, there is uncertainty as to the compliance dates as 
applied to existing sources--for example, whether there is an unstated 
(and unintended) implication that compliance dates for standards and 
other changes not enumerated explicitly are different from three years 
after promulgation. EPA in fact intended that the same compliance date 
apply for all changes to rule requirements for existing sources. This 
is evident since EPA indicated generally that it was establishing a 
compliance date of three years for the September 9, 2010, requirements 
for existing sources (75 FR at 54993), and never discussed or otherwise 
suggested (in either the proposed or final rule) any alternative 
compliance date. We have now modified Sec.  63.1351 to clarify that all 
of the amendments of standards for existing sources have a compliance 
date of three years from promulgation. In addition, we are clarifying 
the rule text to make clear that the compliance date for the monitoring 
requirements associated with the September 9, 2010, emission standards, 
including requirements for measuring clinker production, is three years 
from promulgation.
    In establishing the September 9, 2010, standards for existing 
cement kilns, it was not our intention to remove the existing emissions 
limits for these kilns adopted by EPA in 1999 and 2006. No such change 
was proposed, discussed, or contemplated by EPA or by any commenter. 
However, due to a drafting error, these provisions were inadvertently 
deleted. In this action we are restoring the kiln, clinker cooler, and 
raw material dryer emissions limits as they existed prior to the 
September 9, 2010, rule amendments. This includes both the new and 
existing source emissions limits that existed prior to September 9, 
2010. Kilns that are now defined as existing sources for the mercury 
and THC limits promulgated on September 9, 2010, will

[[Page 2834]]

still be required to meet the new source standards promulgated on 
December 20, 2006 (71 FR 76518), if they were subject to these 
emissions limits, until the compliance date for the limits promulgated 
on September 9, 2010, has passed. Once the compliance date for any 
emissions limit changed on September 9, 2010, has passed, the previous 
limit no longer applies.
    In the Incorporation by Reference section of Part 60 subpart A, we 
inadvertently omitted a reference to Sec.  60.257(b)(3), which was 
previously incorporated in paragraph Sec.  60.17(h)(4). In this notice, 
we are adding this reference to that paragraph.
    Finally, on Table 1 of Sec.  63.1343 entry 16 in the column titled, 
``And if it is located,'' we failed to include the words ``At a major 
source'' in entry 16. We are adding this language to the table.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, Regulatory Planning and Review (58 FR 
51735, October 4, 1993), this action is not a ``significant regulatory 
action'' and is, therefore, not subject to review by the Office of 
Management and Budget (OMB). (See 75 FR 55029-30) This action is a 
correction to certain text in the final rules and is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). However, the final rules 
promulgated on September 9, 2010, were reviewed by OMB.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This action adds clarifications and corrections the final standards. 
However, the Office of Management and Budget (OMB) has previously 
approved the information collection requirements contained in the 
existing regulations (75 FR 54970, September 9, 2010) under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control numbers 2060-0416 and 2060-0614. 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 (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impact of this rule on small 
entities, small entity is defined as: (1) A small business whose parent 
company has no more than 750 employees depending on the size definition 
for the affected NAICS code (as defined by Small Business 
Administration (SBA) regulations 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 impact 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 because it 
does not add any additional regulatory requirements.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA), 2 U.S.C 1531-
1538, requires Federal agencies, unless otherwise prohibited by law, to 
assess the effects of their regulatory actions on State, local, and 
Tribal governments and the private sector. Federal agencies must also 
develop a plan to provide notice to small governments that might be 
significantly or uniquely affected by any regulatory requirements. The 
plan must enable officials of affected small governments to have 
meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates and must 
inform, educate, and advise small governments on compliance with the 
regulatory requirements.
    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 the private sector in any one 
year. Thus, this final rule is not subject to the requirements of 
section 202 and 205 of the UMRA.
    This final action is also not subject to the requirements of 
section 203 of the UMRA because it contains no regulatory requirements 
that might significantly or uniquely affect small governments. This 
final action contains no requirements that apply to such governments, 
imposes no obligations upon them, and will not result in expenditures 
by them of $100 million or more in any one year or any disproportionate 
impacts on them.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999), requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
    This 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. None of the affected 
facilities are owned or operated by State governments. Thus, Executive 
Order 13132 does not apply to these final rules.

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

    Subject to the Executive Order 13175 (65 FR 67249, November 9, 
2000) EPA may not issue a regulation that has Tribal implications, that 
imposes substantial direct compliance costs, and that is not required 
by statute, unless the Federal government provides the funds necessary 
to pay the direct compliance costs incurred by Tribal governments, or 
EPA consults with Tribal officials early in the process of developing 
the regulation and develops a Tribal summary impact statement.
    This direct final rule does not have Tribal implications, as 
specified in Executive Order 13175 (65 FR 67249, November 9, 2000). It 
will not have substantial direct effects on Tribal governments, on the 
relationship between the Federal government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian Tribes, as specified in Executive Order 13175. 
The final rule imposes no new requirements on the one Tribally owned 
facility. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as

[[Page 2835]]

applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the 
Executive 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 action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

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 (VCS) 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 VCS bodies. NTTAA directs EPA to provide Congress, through 
OMB, explanations when the Agency decides not to use available and 
applicable VCS.
    This action does not involve changes to the technical standards 
related to test methods or monitoring methods; thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272) do not apply.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 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.
    The direct final rule does not involve special consideration of 
environmental justice-related issues as required by Executive Order 
12898, Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994), 
because it does not change any regulatory requirements. This action 
merely corrects and clarifies existing requirements.

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 the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule 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 rule 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 correction is effective March 21, 2011.

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Reporting and recordkeeping requirements.

    Dated: January 10, 2011.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

    Authority:  23 U.S.C. 101; 42 U.S.C. 7401-7671q.

Subpart A--[Amended]

0
2. Section 60.17 is amended by revising paragraph (h)(4) to read as 
follows:


Sec.  60.17  Incorporations by reference.

* * * * *
    (h) * * *
    (4) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus], IBR approved for Sec.  60.56c(b)(4) of 
subpart Ec, Sec.  60.63(f)(2) and (f)(4) of subpart F, Sec.  
60.106(e)(2) of subpart J, Sec. Sec.  60.104a(d)(3), (d)(5), (d)(6), 
(h)(3), (h)(4), (h)(5), (i)(3), (i)(4), (i)(5), (j)(3), and (j)(4), 
60.105a(d)(4), (f)(2), (f)(4), (g)(2), and (g)(4), 60.106a(a)(1)(iii), 
(a)(2)(iii), (a)(2)(v), (a)(2)(viii), (a)(3)(ii), and (a)(3)(v), and 
60.107a(a)(1)(ii), (a)(1)(iv), (a)(2)(ii), (c)(2), (c)(4), and (d)(2) 
of subpart Ja, Sec.  60.257(b)(3) of Subpart Y, tables 1 and 3 of 
subpart EEEE, tables 2 and 4 of subpart FFFF, table 2 of subpart JJJJ, 
and Sec.  60.4415(a)(2) and (a)(3) of subpart KKKK of this part.

PART 63--[AMENDED]

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

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

Subpart LLL--[Amended]

0
4. Section 63.1343 is amended by revising entry 16 of Table 1 in 
paragraph (b)(1) and adding paragraph (e) to read as follows:


Sec.  63.1343  What standards apply to my kilns, clinker coolers, raw 
material dryers, and open clinker piles?

* * * * *
    (b)(1) * * *

[[Page 2836]]



      Table 1--Emissions Limits for Kilns (Rows 1-8), Clinker Coolers (Rows 9-12), Raw Material Dryers (Rows 13-15), Raw and Finish Mills (Row 16)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                  And the units of        The oxygen
                                  If your source is   And the operating  And if is  located    Your  emissions     the  emissions     correction  factor
                                                          mode is:                               limits are:         limit are:              is:
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
16.............................  An Existing or new  All operating       At a major source.  Opacity-10........  percent...........  NA.
                                  raw or finish       modes.
                                  mill.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    (e) Emissions limits in effect prior to September 9, 2010. Any 
source defined as an existing source in Sec.  63.1351, and that was 
subject to a PM, mercury, THC, D/F, or opacity emissions limit prior to 
September 9, 2010, must continue to meet the limits shown in Table 2 to 
this section until September 9, 2013.

   Table 2--Emissions Limits in Effect Prior to September 9, 2010, for Kilns (Rows 1-4), Clinker Coolers (Row 5), and Raw Material Dryers (Rows 6-9).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Your emissions limits   And the units of the
         If your source is                              and                      And if it is located at         are \1\:          emissions limit are:
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. An existing kiln................  it commenced construction or               A major source..........  PM--0.3...............  lb/ton feed
                                      reconstruction on or prior to December                              Opacity--20...........  percent
                                      2, 2005.                                                            D/F--0.2 \2\..........  ng/dscm (TEQ)
                                                                                                          THC--50 3 4...........  ppmvd.
2. An existing kiln................  it commenced construction or               A major source..........  PM--0.3...............  lb/ton feed
                                      reconstruction after December 2, 2005.                              Opacity--20...........  percent
                                                                                                          D/F--0.2 \2\..........  ng/dscm (TEQ)
                                                                                                          THC--20 3 5...........  ppmvd
                                                                                                          Mercury--41 \6\.......  ug/dscm.
3. An existing kiln................  it commenced construction or               An area source..........  D/F--0.2 \2\..........  ng/dscm (TEQ)
                                      reconstruction on or prior to December                              THC--50 3 4...........  ppmvd.
                                      2, 2005.
4. An existing kiln................  it commenced construction or               An area source..........  D/F--0.2 \2\..........  ng/dscm (TEQ)
                                      reconstruction after December 2, 2005.                              THC--20 3 5...........  ppmvd
                                                                                                          Mercury--41 \6\.......  ug/dscm.
5. An existing clinker cooler......  NA.......................................  A major source..........  PM--0.1...............  lb/ton feed
                                                                                                          Opacity--10...........  percent.
6. An existing raw material dryer..  it commenced construction or               A major source..........  THC--50 3 4...........  ppmvd
                                      reconstruction on or prior to December                              Opacity--10...........  percent.
                                      2, 2005.
7. An existing raw material dryer..  it commenced construction or               A major source..........  THC--20 3 5...........  ppmvd
                                      reconstruction after December 2, 2005.                              Opacity--10...........  percent.
8. An existing raw material dryer..  it commenced construction or               An area source..........  THC--50 3 4...........  ppmvd.
                                      reconstruction on or prior to December
                                      2, 2005.
9. An existing raw material dryer..  it commenced construction or               An area source..........  THC--20 3 5...........  ppmvd.
                                      reconstruction after December 2, 2005.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ All emission limits expressed as a concentration basis (ppmvd, ng/dscm) are corrected to seven percent oxygen.
\2\ If the average temperature at the inlet to the first particulate matter control device (fabric filter or electrostatic precipitator) during the D/F
  performance test is 400 [deg]F or less, this limit is changed to 0.4 ng/dscm (TEQ).
\3\ Measured as propane.
\4\ Only applies to Greenfield kilns or raw material dryers.
\5\ As an alternative, a source may demonstrate a 98 percent reduction in THC emissions from the exit of the kiln or raw material dryer to discharge to
  the atmosphere. Inline raw mills are considered to be an integral part of the kiln.
\6\ As an alternative, a source may route the emissions through a packer bed or spray tower wet scrubber with a liquid-to-gas ratio of 30 gallons per
  1000 actual cubic feet per minute or more and meet a site-specific emission limit based on the measured performance of the wet scrubber.


0
5. Section 63.1350 is amended by revising paragraph (d)(2) to read as 
follows:


Sec.  63.1350  Monitoring requirements.

* * * * *
    (d) * * *
    (2) Determine, record, and maintain a record of the accuracy of the 
system of measuring hourly clinker production (or feed mass flow if 
applicable). During each quarter of source operation, you must 
determine, record, and maintain a record of the ongoing accuracy of the 
system of measuring hourly clinker production (or feed mass flow).
* * * * *

[[Page 2837]]


0
6. Section 63.1351 is revised to read as follows:


Sec.  63.1351  Compliance dates.

    (a) The compliance date for any affected existing source subject to 
any rule requirements that were in effect before December 20, 2006, is:
    (1) June 14, 2002, for sources that commenced construction before 
or on March 24, 1998, or
    (2) June 14, 1999 or startup for sources that commenced 
construction after March 24, 1998.
    (b) The compliance date for any affected existing source subject to 
any rule requirements that became effective on December 20, 2006, is:
    (1) December 21, 2009, for sources that commenced construction 
after December 2, 2005 and before or on December 20, 2006, or
    (2) Startup for sources that commenced construction after December 
20, 2006.
    (c) The compliance date for existing sources for all the 
requirements that became effective on November 8, 2010 will be 
September 9, 2013.
    (d) The compliance date for new sources is November 9, 2010 or 
startup, whichever is later.

[FR Doc. 2011-759 Filed 1-14-11; 8:45 am]
BILLING CODE 6560-50-P
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