National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants, 2860-2863 [2011-765]
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Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Proposed Rules
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
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
e-mail at shandruk.irene@epa.gov.
For
further information, please see the
information provided in the direct final
action, with the same title, ‘‘Approval
and Promulgation of Air Quality
Implementation Plans; Virginia;
Adoption of 8-hour Ozone Standard and
Related Reference Conditions, and
Update of Appendices,’’ that is located
in the ‘‘Rules and Regulations’’ section
of this Federal Register publication.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
WReier-Aviles on DSKDVH8Z91PROD with PROPOSALS-1
SUPPLEMENTARY INFORMATION:
Dated: December 22, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011–489 Filed 1–14–11; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60 and 63
[EPA–HQ–OAR–2002–0051; EPA–HQ–OAR–
2007–0877; FRL–9253–5]
RIN 2060–AQ59
National Emission Standards for
Hazardous Air Pollutants From the
Portland Cement Manufacturing
Industry and Standards of
Performance for Portland Cement
Plants
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The EPA is taking action on
amendments to the National Emissions
Standards for Hazardous Air Pollutants
(NESHAP) and Standards of
Performance (NSPS) for Portland
Cement Plants. The final rules were
published on September 9, 2010. This
action amends certain text in the final
rules to clarify compliance dates and to
restore the previously issued emission
limits that we changed in the September
9, 2010 action. We are also correcting
two minor typographical errors.
DATES: Comments must be received on
or before February 17, 2011. If any one
contacts EPA by February 2, 2011
requesting to speak at a public hearing,
EPA will hold a public hearing on
February 7, 2011.
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
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.
SUMMARY:
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EPA–HQ–OAR–2007–0877, 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
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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. General Information
A. Does this action apply to me?
Categories and entities potentially
regulated by this proposed rule include:
Category
NAICS
code 1
Industry .............................................................................................................................................................
Federal Government ........................................................................................................................................
State/local/Tribal government ...........................................................................................................................
327310
1 North
Examples of regulated
entities
Portland cement plants.
Not affected.
Portland cement plants.
American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. To determine
whether your facility would be
regulated by this proposed action, you
should examine the applicability
criteria in 40 CFR 63.1340 (subpart
LLL). If you have any questions
regarding the applicability of this
proposed action to a particular entity,
contact the person listed in the
preceding FOR FURTHER INFORMATION
CONTACT section.
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B. What should I consider as I prepare
my comments to EPA?
Do not submit information containing
CBI to EPA through https://
www.regulations.gov or e-mail. Send or
deliver information identified as CBI
only to the following address: Roberto
Morales, OAQPS Document Control
Officer (C404–02), Office of Air Quality
Planning and Standards, Environmental
Protection Agency, Research Triangle
Park, NC 27711, Attention Docket ID
No. EPA–HQ–OAR–2002–0051. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
C. Where can I get a copy of this
document?
In addition to being available in the
docket, an electronic copy of this
proposed action is available on the
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Worldwide Web (WWW) through the
Technology Transfer Network (TTN).
Following signature, a copy of this
proposed action will be posted on the
TTN’s policy and guidance page for
newly proposed or promulgated rules at
https://www.epa.gov/ttn/oarpg. The TTN
provides information and technology
exchange in various areas of air
pollution control.
D. When and where would a public
hearing occur?
If anyone contacts EPA requesting to
speak at a public hearing by February 2,
2011, a public hearing will be held on
February 7, 2011. To request a public
hearing contact Ms. Virginia Hunt, EPA,
Office of Air Quality Planning and
Standards, Sector Policy and Programs
Division, Metals and Minerals Group
(D243–02), Research Triangle Park, NC
27711, telephone number 919–541–
0832, e-mail address:
hunt.virginia@epa.gov by the date
specified above in the DATES section.
Persons interested in presenting oral
testimony or inquiring as to whether a
public hearing is to be held should also
contact Ms. Virginia Hunt at least 2 days
in advance of the potential date of the
public hearing.
If a public hearing is requested, it will
be held at 10 a.m. at the EPA
Headquarters, Ariel Rios Building, 12th
Street and Pennsylvania Avenue,
Washington, DC 20460 or at a nearby
location.
II. Direct Final Rule
A direct final rule identical to the
proposal is published in the Rules and
Regulations section of today’s Federal
Register. We are taking direct final
action on the proposed amendments
because we view the amendments as
noncontroversial and anticipate no
significant adverse comments. We have
explained our reasons for the
amendments in the direct final rule. If
no significant adverse comments are
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received, no further action will be taken
on the proposal, and the direct final rule
will become effective as provided in
that action.
If we receive significant adverse
comments, we will withdraw only those
provisions on which we received those
comments. We will publish a timely
withdrawal in the Federal Register
indicating which provisions will
become effective and which provisions
are being withdrawn. If part or the
entire direct final rule in the Rules and
Regulations section of today’s Federal
Register is withdrawn, all comments
pertaining to those provisions will be
addressed in a subsequent final rule
based on the proposed amendments. We
will not institute a second comment
period on the subsequent final action.
Any parties interested in commenting
must do so at this time.
The regulatory text for the proposal is
identical to that for the direct final rule
published in the Rules and Regulations
section of today’s Federal Register. For
further supplementary information, the
detailed rationale for the proposal and
the regulatory revisions, see the direct
final rule published in a separate part of
this Federal Register.
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.
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B. Paperwork Reduction Act
This action does not impose any new
information collection burden. This
action adds clarifications and
corrections to 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 proposed 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.
WReier-Aviles on DSKDVH8Z91PROD with PROPOSALS-1
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
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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 proposed rule does not contain
a Federal mandate that may result in
expenditures of $100 million or more
for State, local, and Tribal governments,
in the aggregate, or the private sector in
any one year. Thus, this proposed rule
is not subject to the requirements of
section 202 and 205 of the UMRA.
This 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
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 proposed rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. None of the
affected facilities are owned or operated
by State governments. Thus, Executive
Order 13132 does not apply to this
proposed rule.
In the spirit of Executive Order 13132,
and consistent with EPA policy to
promote communications between EPA
and State and local governments, EPA
specifically solicits comment on this
proposed action from State and local
officials.
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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 proposed regulation and
develops a Tribal summary impact
statement.
This proposed 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 proposed 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
as applying to those regulatory actions
that concern health or safety risks, such
that the analysis required under section
5–501 of the Order has the potential to
influence the regulation. This proposed
action is not subject to Executive Order
13045 because it is based solely on
technology performance.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This 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. VCS are
technical standards (e.g., materials
specifications, test methods, sampling
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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
List of Subjects in 40 CFR Parts 60 and
63
WReier-Aviles on DSKDVH8Z91PROD with PROPOSALS-1
Environmental protection, Air
pollution control, Hazardous
substances, Incorporation by reference,
and Reporting and recordkeeping
requirements.
[FR Doc. 2011–765 Filed 1–14–11; 8:45 am]
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Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2009–0044; MO
92210–0–0009]
RIN 1018–AW86
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for the Sonoma County Distinct
Population Segment of the California
Tiger Salamander (Ambystoma
californiense)
Fish and Wildlife Service,
Interior.
ACTION: Revised proposed rule;
reopening of comment period.
AGENCY:
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this
proposed rule does not involve special
consideration of environmental justicerelated 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, it merely
corrects and clarifies existing
requirements.
Dated: January 10, 2011.
Lisa P. Jackson,
Administrator.
DEPARTMENT OF THE INTERIOR
We, the U.S. Fish and
Wildlife Service, announce the
reopening of the comment period on our
August 18, 2009, proposed designation
of critical habitat for the Sonoma
County Distinct Population Segment of
the California tiger salamander
(Ambystoma californiense) under the
Endangered Species Act of 1973, as
amended. We also announce revisions
to the proposed critical habitat unit, as
it was described in the proposed rule
published in the Federal Register on
August 18, 2009 (74 FR 41662), and
announce the availability of the draft
economic analysis for the revised
proposed critical habitat designation
and an amended required
determinations section of the proposal.
We are reopening the comment period
for an additional 30 days to allow all
interested parties an opportunity to
comment simultaneously on the revised
proposed critical habitat, the associated
draft economic analysis, and the
amended required determinations
section. Comments previously
submitted need not be resubmitted and
will be fully considered in preparation
of the final rule.
DATES: We will consider public
comments received on or before
February 17, 2011. Comments must be
received by 11:59 p.m. Eastern Time on
the closing date. Any comments that we
receive after the closing date may not be
considered in the final decision on this
action.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments to
Docket No. FWS–R8–ES–2009–0044.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R8–
ES–2009–0044; Division of Policy and
SUMMARY:
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2863
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Comments section below for
more information).
FOR FURTHER INFORMATION CONTACT:
Susan Moore, Field Supervisor, or
Karen Leyse, Listing Coordinator, U.S.
Fish and Wildlife Service, Sacramento
Fish and Wildlife Office, 2800 Cottage
Way, Room W–2605, Sacramento, CA
95825; telephone 916–414–6600;
facsimile 916–414–6713. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final action
resulting from this revised proposed
rule will be based on the best scientific
data available and will be as accurate
and as effective as possible. We will
accept written comments and
information during this reopened
comment period on our amended
proposed designation of critical habitat
for the Sonoma County Distinct
Population Segment of the California
tiger salamander that was published in
the Federal Register on August 18, 2009
(74 FR 41662), our draft economic
analysis (DEA) of the proposed
designation, and the amended required
determinations provided in this
document. We will consider
information and recommendations from
all interested parties.
Therefore, during this reopened
comment period we request comments
or information from the public, other
concerned government agencies, the
scientific community, industry, or other
interested party on: (1) The proposed
rule to designate critical habitat for the
Sonoma County Distinct Population
Segment (DPS) of the California tiger
salamander that was published in the
Federal Register on August 18, 2009 (74
FR 41662), the revisions to proposed
critical habitat described herein (see
Revisions to Proposed Critical Habitat
section), and the DEA of the revised
proposed designation; (2) the
considered exclusion of critical habitat;
and (3) the amended Required
Determinations section provided in this
document. We are particularly
interested in comments concerning:
(1) The proposed critical habitat
designation (which comprises a single
critical habitat unit), as revised in this
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]]>Agencies
[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Proposed Rules]
[Pages 2860-2863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-765]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 63
[EPA-HQ-OAR-2002-0051; EPA-HQ-OAR-2007-0877; FRL-9253-5]
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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is taking action on amendments to the National
Emissions Standards for Hazardous Air Pollutants (NESHAP) and Standards
of Performance (NSPS) for Portland Cement Plants. The final rules were
published on September 9, 2010. This action amends certain text in the
final rules to clarify compliance dates and to restore the previously
issued emission limits that we changed in the September 9, 2010 action.
We are also correcting two minor typographical errors.
DATES: Comments must be received on or before February 17, 2011. If any
one contacts EPA by February 2, 2011 requesting to speak at a public
hearing, EPA will hold a public hearing on February 7, 2011.
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 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-2007-0877, 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
[[Page 2861]]
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. General Information
A. Does this action apply to me?
Categories and entities potentially regulated by this proposed rule
include:
------------------------------------------------------------------------
NAICS
Category code \1\ Examples of regulated entities
------------------------------------------------------------------------
Industry..................... 327310 Portland cement plants.
Federal Government........... Not affected.
State/local/Tribal government Portland cement plants.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility would be regulated by this
proposed action, you should examine the applicability criteria in 40
CFR 63.1340 (subpart LLL). If you have any questions regarding the
applicability of this proposed action to a particular entity, contact
the person listed in the preceding FOR FURTHER INFORMATION CONTACT
section.
B. What should I consider as I prepare my comments to EPA?
Do not submit information containing CBI to EPA through https://www.regulations.gov or e-mail. Send or deliver information identified
as CBI only to the following address: Roberto Morales, OAQPS Document
Control Officer (C404-02), Office of Air Quality Planning and
Standards, Environmental Protection Agency, Research Triangle Park, NC
27711, Attention Docket ID No. EPA-HQ-OAR-2002-0051. Clearly mark the
part or all of the information that you claim to be CBI. For CBI
information in a disk or CD-ROM that you mail to EPA, mark the outside
of the disk or CD-ROM as CBI and then identify electronically within
the disk or CD-ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
C. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this proposed action is available on the Worldwide Web (WWW) through
the Technology Transfer Network (TTN). Following signature, a copy of
this proposed action will be posted on the TTN's policy and guidance
page for newly proposed or promulgated rules at https://www.epa.gov/ttn/oarpg. The TTN provides information and technology exchange in various
areas of air pollution control.
D. When and where would a public hearing occur?
If anyone contacts EPA requesting to speak at a public hearing by
February 2, 2011, a public hearing will be held on February 7, 2011. To
request a public hearing contact Ms. Virginia Hunt, EPA, Office of Air
Quality Planning and Standards, Sector Policy and Programs Division,
Metals and Minerals Group (D243-02), Research Triangle Park, NC 27711,
telephone number 919-541-0832, e-mail address: hunt.virginia@epa.gov by
the date specified above in the DATES section. Persons interested in
presenting oral testimony or inquiring as to whether a public hearing
is to be held should also contact Ms. Virginia Hunt at least 2 days in
advance of the potential date of the public hearing.
If a public hearing is requested, it will be held at 10 a.m. at the
EPA Headquarters, Ariel Rios Building, 12th Street and Pennsylvania
Avenue, Washington, DC 20460 or at a nearby location.
II. Direct Final Rule
A direct final rule identical to the proposal is published in the
Rules and Regulations section of today's Federal Register. We are
taking direct final action on the proposed amendments because we view
the amendments as noncontroversial and anticipate no significant
adverse comments. We have explained our reasons for the amendments in
the direct final rule. If no significant adverse comments are received,
no further action will be taken on the proposal, and the direct final
rule will become effective as provided in that action.
If we receive significant adverse comments, we will withdraw only
those provisions on which we received those comments. We will publish a
timely withdrawal in the Federal Register indicating which provisions
will become effective and which provisions are being withdrawn. If part
or the entire direct final rule in the Rules and Regulations section of
today's Federal Register is withdrawn, all comments pertaining to those
provisions will be addressed in a subsequent final rule based on the
proposed amendments. We will not institute a second comment period on
the subsequent final action. Any parties interested in commenting must
do so at this time.
The regulatory text for the proposal is identical to that for the
direct final rule published in the Rules and Regulations section of
today's Federal Register. For further supplementary information, the
detailed rationale for the proposal and the regulatory revisions, see
the direct final rule published in a separate part of this Federal
Register.
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.
[[Page 2862]]
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This action adds clarifications and corrections to 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 proposed 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 proposed rule does not contain a Federal mandate that may
result in expenditures of $100 million or more for State, local, and
Tribal governments, in the aggregate, or the private sector in any one
year. Thus, this proposed rule is not subject to the requirements of
section 202 and 205 of the UMRA.
This 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 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 proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. None of the affected facilities
are owned or operated by State governments. Thus, Executive Order 13132
does not apply to this proposed rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed action
from State and local officials.
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 proposed regulation and develops a Tribal summary impact statement.
This proposed 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 proposed 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 as applying to those
regulatory actions that concern health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This proposed action is not subject to
Executive Order 13045 because it is based solely on technology
performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This 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. VCS are technical standards
(e.g., materials specifications, test methods, sampling
[[Page 2863]]
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 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule 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, it merely corrects and clarifies existing requirements.
List of Subjects in 40 CFR Parts 60 and 63
Environmental protection, Air pollution control, Hazardous
substances, Incorporation by reference, and Reporting and recordkeeping
requirements.
Dated: January 10, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011-765 Filed 1-14-11; 8:45 am]
BILLING CODE 6560-50-P
