[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Proposed Rules]
[Pages 2860-2863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-765]


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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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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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:
    <bullet> http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#4f2e622e212b623d622b202c242a3b0f2a3f2e61282039"><span class="__cf_email__" data-cfemail="42236f232c266f306f262d21292736022732236c252d34">[email protected]</span></a>.
    <bullet> Fax: (202) 566-9744.
    <bullet> 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.
    <bullet> 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 
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

[[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: <a href="/cdn-cgi/l/email-protection#adcfccdfc3c8d9d983c6c8c4d9c5edc8ddcc83cac2db"><span class="__cf_email__" data-cfemail="f99b988b979c8d8dd7929c908d91b99c8998d79e968f">[email protected]</span></a>.

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 http://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 http://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: <a href="/cdn-cgi/l/email-protection#19716c776d376f706b7e70777078597c6978377e766f"><span class="__cf_email__" data-cfemail="046c716a702a726d76636d6a6d65446174652a636b72">[email protected]</span></a> 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


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