2832 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

part 52 continues to read as follows: 

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

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 

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 Title/subject State effective date EPA approval date 

Explanation 

[former SIP 

citation] 

*******

9 VAC 5, Chapter 30 Ambient Air Quality Standards [Part III] 

*******

5–30–55 ............................ Ozone (8-hour, 0.08 ppm) ......................................... 6/24/09 1/18/11 [Insert page number where the document begins].Revised section. 

5–30–56 ............................ Ozone (8-hour, 0.075 ppm) ....................................... 6/24/09 1/18/11 [Insert page number where the document begins].Added section. 

* * * * * * * 

* * * * * 

(e) * * * 

Name of non-regulatory SIP revision Applicable geographic 

area 

State submittal date EPA approval date Additional 

explanation 

*******

Documents Incorporated by Reference (9 VAC 5– 

20–21, Sections B and E.1.).

Statewide ........................ 9/27/10 1/18/11 [Insert page number where the document begins].Revised sections. 

*******

* * * * * 

[FR Doc. 2011–487 Filed 1–14–11; 8:45 am] 

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] 

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: 

• http://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 

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Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations 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 http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 http:// 

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 http:// 

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 

§ 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 § 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 

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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. 

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 

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Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations 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] 

■ 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) * * * 

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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) 

If your source is And the operating 

mode is: 

And if is 

located 

Your 

emissions 

limits are: 

And the units of the 

emissions 

limit are: 

The oxygen 

correction 

factor is: 

*******

16 ...... An Existing or new raw or 

finish mill.

All operating modes At a major source .... Opacity-10 ............... percent .................... NA. 

*******

* * * * * 

(e) Emissions limits in effect prior to 

September 9, 2010. Any source defined 

as an existing source in § 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). 

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

lb/ton feed 

percent 

ng/dscm 

(TEQ) 

ppmvd. 

2. An existing kiln .......................... it commenced construction or reconstruction after December 2, 2005.A major source PM—0.3 ......

Opacity—20 

D/F—0.2 2 ....

THC—20 3 5

Mercury— 

41 6.

lb/ton feed 

percent 

ng/dscm 

(TEQ) 

ppmvd 

ug/dscm. 

3. An existing kiln .......................... it commenced construction or reconstruction on or prior to 

December 2, 2005.

An area source D/F—0.2 2 ....

THC—50 3 4

ng/dscm 

(TEQ) 

ppmvd. 

4. An existing kiln .......................... it commenced construction or reconstruction after December 2, 2005.An area source D/F—0.2 2 ....

THC—20 3 5

Mercury— 

41 6.

ng/dscm 

(TEQ) 

ppmvd 

ug/dscm. 

5. An existing clinker cooler .......... NA ........................................................................................ A major source PM—0.1 ......

Opacity—10 

lb/ton feed 

percent. 

6. An existing raw material dryer .. it commenced construction or reconstruction on or prior to 

December 2, 2005.

A major source THC—50 3 4

Opacity—10 

ppmvd 

percent. 

7. An existing raw material dryer .. it commenced construction or reconstruction after December 2, 2005.A major source THC—20 3 5

Opacity—10 

ppmvd 

percent. 

8. An existing raw material dryer .. it commenced construction or reconstruction on or prior to 

December 2, 2005.

An area source THC—50 3 4 ppmvd. 

9. An existing raw material dryer .. it commenced construction or reconstruction after December 2, 2005.An area source THC—20 3 5 ppmvd. 

1All 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 °F or less, this limit is changed to 0.4 ng/dscm (TEQ). 3 Measured as propane. 

4Only applies to Greenfield kilns or raw material dryers. 

5As 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. 6As 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. 

■ 5. Section 63.1350 is amended by 

revising paragraph (d)(2) to read as 

follows: 

§ 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). 

* * * * * 

WReier-Aviles on DSKDVH8Z91PROD with RULES

Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations 2837 

■ 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 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: 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. 

DATES: 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. 

SUPPLEMENTARY INFORMATION: 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 

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: 

State and county Location and case 

No. 

Date and name of newspaper where notice was 

published 

Chief executive officer of community Effective date of 

modification 

Community 

No. 

Arizona: Maricopa .. City of Peoria (10– 

09–1908P).

October 21, 2010, October 28, 2010, Arizona 

Business Gazette.

The Honorable Bob Barrett, Mayor, 

City of Peoria, 8401 West Monroe 

Street, Peoria, AZ 85345.

Oct. 15, 2010 ....... 040050 

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