[Federal Register Volume 62, Number 72 (Tuesday, April 15, 1997)]
[Rules and Regulations]
[Pages 18277-18280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9583]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[FRL-5811-1]
RIN 2060-AH16


Revision of New Source Performance Standards for the Phosphate 
Fertilizer Industry: Granular Triple Superphosphate Storage Facilities

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: On August 6, 1975 the Environmental Protection Agency (Agency) 
promulgated new source performance standards (NSPS) to limit emissions 
of total fluoride compounds from several affected facilities in the 
phosphate fertilizers industry. Amongst the affected facilities covered 
by the NSPS were triple superphosphate plants and granular triple 
superphosphate (GTSP) storage facilities. The NSPS for GTSP fertilizer 
storage facilities in 40 CFR Part 60, Subpart X were promulgated for 
the purpose of limiting total fluoride emissions resulting from the 
continuation during storage of the chemical reactions through which 
GTSP is manufactured. After an initial curing period, the GTSP 
fertilizers cease to emit appreciable quantities of fluorides. As now 
written, the NSPS cover all GTSP storage facilities and there is no 
provision to exempt facilities storing only cured fertilizers.
    Today's action clarifies the coverage of the NSPS to limit its 
applicability to those facilities which store fresh GTSP. As a result 
of today's action, the NSPS will include a work practice through which 
manufacturers will hold fresh GTSP in storage until it has cured prior 
to shipment to their customers. This limits the testing and 
recordkeeping requirements of Subpart X to only those facilities 
associated with the manufacture of GTSP and, thereby, removes any 
recordkeeping burden currently imposed upon downstream distributors and 
users of this product.

DATES: This rule is effective June 16, 1997 unless notice is received 
by May 15, 1997 that adverse or critical comments will be submitted, or 
that an opportunity to submit such comments at a public hearing is 
requested. If adverse comments are received, the effective date will be 
delayed and timely notice will be published in the Federal Register.

ADDRESSES: Interested parties may submit written comments (in duplicate 
if possible) to Public Docket No. A-97-4 at the following address: U.S. 
Environmental Protection Agency, Air and Radiation Docket and 
Information Center (6102), 401 M Street, SW., Washington, D.C. 20460. 
The Agency requests that a separate copy also be sent to the contact 
person listed below. The docket is located at the above address in Room 
M-1500, Waterside Mall (ground floor), and may be inspected from 8 a.m. 
to 4 p.m., Monday through Friday. The docket is an organized and 
complete file of all the information submitted to or otherwise 
considered by the Agency in the development of this rulemaking. For

[[Page 18278]]

additional information on the availability of electronic information, 
see Supplementary Information.

FOR FURTHER INFORMATION CONTACT: For information concerning specific 
aspects of this action, contact Mr. David Painter (telephone number 
(919) 541-5515), Minerals and Inorganic Chemicals Group, Emission 
Standards Division (MD-13), U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    Today's action amends Subpart X by limiting its applicability to 
those facilities which store fresh GTSP. The practical effect of the 
revision is to apply the provisions of the NSPS to those storage 
facilities which are co-located with GTSP production facilities. This 
is accomplished by a work practice through which manufacturers will 
hold fresh GTSP in storage until it has cured prior to shipment to 
their customers. In effect, this action excludes from coverage those 
facilities which store and distribute cured GTSP.

Electronic Information

    An electronic copy of this document is available on the Technology 
Transfer Network (TTN), one of Agency's electronic bulletin boards. The 
TTN provides information and technology exchange in various areas of 
air pollution control. The service is free, except for the cost of a 
phone call. Dial (919) 541-5742 for up to a 14,400 bps modem. If more 
information on the TTN is needed, call the TTN HELP line at (919) 541-
5384.
    The information in this document is organized as shown below.
I. Statutory Authority
II. Background
III. Selection of Revised Standards
IV. Impacts of Revised Standards
    A. Applicability
    B. Air Quality Impacts
    C. Nonair Environmental and Energy Impacts
    D. Cost and Economic Impacts
V. Administrative Requirements
    A. Public Participation and Effective Date
    B. Executive Order 12866
    C. Unfunded Mandates Reform Act
    D. Regulatory Flexibility
    E. Submission to Congress and the General Accounting Office
    F. Paperwork Reduction Act

I. Statutory Authority

    The statutory authority for this action is provided by sections 
101, 111, 114, 116, and 301 of the Clean Air Act, as amended (42 U.S.C. 
7401, 7411, 7414, 7416, and 7601).

II. Background

    On August 6, 1975 (40 FR 33152), the Agency promulgated NSPS to 
limit emissions of total fluoride compounds from several affected 
facilities in the phosphate fertilizers industry including GTSP storage 
facilities. The main concern which prompted that inclusion was the 
continued off-gassing of fluorides from fresh GTSP during storage 
subsequent to the initial reactions associated with the manufacture of 
GTSP. For the purposes of the NSPS, fresh GTSP was defined as that 
produced within the past ten days. Recently, representatives of the 
Missouri Farmers Association (MFA) have advised the Agency that a 
literal interpretation of the NSPS could lead to application of the 
NSPS to its distribution facilities which store only cured GTSP and 
which are located far from the point of manufacture. The MFA posited 
that application of the NSPS in this instance would provide no 
appreciable benefit to the environment while imposing unproductive 
paperwork. To support their position, the MFA provided the Agency test 
data which indicated that one of their warehouses, which is typical of 
distribution facilities, emits less than one pound per year of total 
fluorides.
    As a part of the Agency's consideration of the concerns raised by 
the MFA, it obtained data from two companies that manufacture and store 
GTSP. Those data were developed using methods which differed from those 
employed by the MFA and gave the same results. That is, emissions of 
fluorides were associated with storage of fresh GTSP and those 
emissions were inconsequential after three days. The Agency concluded 
that cured GTSP stored by facilities such as those of the MFA does not 
emit appreciable quantities of fluorides and that no practical benefit 
could be derived by applying Subpart X to distribution facilities which 
store cured GTSP. Consequently, today's action limits the applicability 
of Subpart X to only those facilities which store fresh GTSP.

III. Selection of Revised Standards

    The purpose of establishing the existing NSPS was to control 
emissions of total fluoride originating from storage buildings 
containing fresh GTSP. The total fluoride emissions result from 
continuation of the chemical reactions employed in the manufacture of 
GTSP. These reactions cause the formation and release of a variety of 
fluoride compounds. The reactions continue for a period of time after 
newly manufactured GTSP is placed into storage and are referred to as 
``curing'' of the fertilizer. Thus, the need for controlling emissions 
during storage coincides with the curing period.
    When the NSPS were developed, conventional wisdom was that curing 
of fresh GTSP occurred over a period of three to five days. Test data 
which was then available was for buildings storing GTSP that was ten 
days old. The test data became the technical basis for the current 
standard which defines fresh GTSP as that which is produced no more 
than ten days prior to a performance test.
    In recent discussions with interested parties, the Agency found 
consensus that the language of the NSPS should be amended to 
specifically limit their applicability to those facilities storing 
fresh GTSP. The most direct approach to resolving the issue raised by 
MFA is to include in the NSPS a work practice that eliminates the 
shipment of fresh GTSP from the manufacturer. This approach clearly 
ensures that downstream customers such as MFA will not be storing fresh 
GTSP.
    When the Agency first discussed this approach with the 
manufacturers of GTSP, they raised concerns about storing fertilizer 
longer than needed because of the definition of fresh fertilizer in the 
current rule. They provided the Agency with data which directly relate 
the age of GTSP to its potential for emissions of total fluorides. 
After discussing the new data with State agency and industry technical 
staffs, the Agency concluded that curing reactions causing significant 
air emissions are complete within three days of the completion of the 
manufacturing process. Thus, today's action changes the definition of 
fresh GTSP such that GTSP is defined as fresh for three, instead of 
ten, days after production. In keeping with this updated definition, 
today's action also changes the amount of fresh GTSP that will satisfy 
the performance testing requirement from 20 to six percent of the 
amount of GTSP in storage. This change is proportional to the change in 
the number of days during which GTSP is defined as fresh. The 
manufacturers have indicated that they find the approach of holding 
GTSP in storage until it is cured to be an acceptable resolution to the 
problem raised by the MFA. That is, this approach clearly limits 
coverage of the standards to only the time period when emissions are 
actually occurring and relieves their customers, such as MFA, from the 
paperwork burden associated with the NSPS as now implemented.

[[Page 18279]]

IV. Impacts of Revised Standards

A. Applicability

    Today's action will limit the applicability of Subpart X to only 
those facilities that store fresh GTSP. The intent of today's action is 
to remove from the coverage of the NSPS those facilities storing cured 
GTSP.

B. Air Quality Impacts

    Today's action will have no impact upon air quality in relation to 
that which was estimated for the NSPS when they were first promulgated. 
The original impact estimates of the NSPS were based upon the 
assumption that only those GTSP storage buildings located at production 
facilities would be subject to the standards. Further, today's action 
will have no measureable impact upon actual air quality.

C. Nonair Environmental and Energy Impacts

    There will be no nonair environmental and energy impacts.

D. Cost and Economic Impacts

    There will be a cost savings resulting from removal of 
recordkeeping and reporting burdens associated with the NSPS as now 
implemented. The Agency has no information available upon which to base 
an estimate of the savings that will result.

V. Administrative Requirements

A. Public Participation and Effective Date

    The Agency is publishing this action as a direct final rule because 
it views it as non-controversial and anticipates no adverse comments. 
However, in a separate document in this issue of the Federal Register, 
the Agency is proposing to revise the NSPS should adverse or critical 
comments be filed. Thus, today's direct final action will be effective 
June 16, 1997 unless the Agency receives notice by May 15, 1997 that 
adverse or critical comments will be submitted or that a party requests 
the opportunity to submit such oral comments pursuant to section 
307(d)(5) of the Clean Air Act, as amended.
    If the Agency receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The Agency will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective June 16, 1997.

B. Executive Order 12866

    Under Executive Order 12866 [58 FR 51735 (October 4, 1993)], the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to review by the Office of Management and Budget 
(OMB), and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs, or the rights and obligation of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order.
    Pursuant to the terms of Executive Order 12866, the Agency has 
determined that this rule is not ``significant'' because none of the 
listed criteria apply to this action. Consequently, this action was not 
submitted to OMB for review under Executive Order 12866.

C. Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act''), signed into law on March 22, 1995 (109 Stat. 48), 
requires that the Agency prepare a budgetary impact statement before 
promulgating a rule that includes a Federal mandate that may result in 
expenditure by State, local, and tribal governments, in aggregate, or 
by the private sector, of $100 million or more in any one year. Section 
203 requires the Agency to establish a plan for obtaining input from 
and informing, educating, and advising any small governments that may 
be significantly or uniquely affected by the rule.
    Under section 205 of the Unfunded Mandates Act, the Agency must 
identify and consider a reasonable number of regulatory alternatives 
before promulgating a rule for which a budgetary impact statement must 
be prepared. The Agency must select from those alternatives the least 
costly, most cost-effective, or least burdensome alternative for State, 
local, and tribal governments and the private sector that achieves the 
objectives of the rule, unless the Agency explains why this alternative 
is not selected or unless the selection of this alternative is 
inconsistent with law.
    Because this rule is estimated to result in the expenditure by 
State, local, and tribal governments or the private sector of less than 
$100 million in any one year, the Agency has not prepared a budgetary 
impact statement or specifically addressed the selection of the least 
costly, most cost-effective, or least burdensome alternative. Because 
small governments will not be significantly or uniquely affected by 
this rule, the Agency is not required to develop a plan with regard to 
small governments. Therefore, the requirements of the Unfunded Mandates 
Act do not apply to this action.

D. Regulatory Flexibility

    The Agency has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this final rule. EPA 
has also determined that this rule will not have a significant economic 
impact on a substantial number of small entities. This determination 
has been made because the effect of today's action is to clarify the 
NSPS to ensure that there are no impacts upon small entities.

E. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

F. Paperwork Reduction Act

    This regulation does not impose any new information collection 
requirements and results in no change to the currently approved 
collection. The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this rule under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2060-0037 (EPA ICR # 1061.06). Burden 
means the total time, effort, or financial resources expended by 
persons to generate, maintain, retain, or disclose or provide 
information to or for a Federal agency. This includes the time needed 
to review instructions;

[[Page 18280]]

develop, acquire, install, and utilize technology and systems for the 
purposes of collecting, validating, and verifying information, 
processing and maintaining information, and disclosing and providing 
information; adjust the existing ways to comply with any previously 
applicable instructions and requirements; train personnel to be able to 
respond to a collection of information; search data sources; complete 
and review the collection of information; and transmit or otherwise 
disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. Send 
comments on the Agency's need for this information, the accuracy of the 
provided burden estimates, and any suggested methods for minimizing 
respondent burden, including through the use of automated collection 
techniques to the Director, OPPE Regulatory Information Division; U.S. 
Environmental Protection Agency (2137); 401 M St., S.W.; Washington, DC 
20460; and to the Office of Information and Regulatory Affairs, Office 
of Management and Budget, 725 17th St., N.W., Washington, DC 20503, 
marked ``Attention: Desk Officer for EPA.'' Include the ICR number in 
any correspondence.

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Intergovernmental 
relations, Phosphate fertilizers production, Reporting and 
recordkeeping requirements.

    Dated: April 8, 1997.
Carol M. Browner,
Administrator.

    For the reasons set forth in the preamble, 40 CFR Part 60 is 
amended as follows:

PART 60--[AMENDED]

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

    Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7601 and 7602.

Subpart X--[Amended]

    2. In Sec. 60.241, paragraphs (a) and (d) are revised to read as 
follows:


Sec. 60.241  Definitions.

* * * * *
    (a) Granular triple superphosphate storage facility means any 
facility curing or storing fresh granular triple superphosphate.
* * * * *
    (d) Fresh granular triple superphosphate means granular triple 
superphosphate produced within the preceding 72 hours.
    3. In Sec. 60.242, paragraph (b) is added to read as follows:


Sec. 60.242  Standard for fluorides.

* * * * *
    (b) No owner or operator subject to the provisions of this subpart 
shall ship fresh granular triple superphosphate from an affected 
facility.
    4. In Sec. 60.243, paragraphs (b) and (c) are revised and paragraph 
(d) is added to read as follows:


Sec. 60.243  Monitoring of operations.

* * * * *
    (b) The owner or operator of any granular triple superphosphate 
storage facility subject to the provisions of this subpart shall 
maintain a daily record of total equivalent 
P<INF>2</INF>O<INF>5 </INF>stored by multiplying the percentage 
P<INF>2</INF>O<INF>5 </INF>content, as determined by Sec. 60.244(c)(3), 
times the total mass of granular triple superphosphate stored.
    (c) The owner or operator of any granular triple superphosphate 
storage facility subject to the provisions of this subpart shall 
install, calibrate, maintain, and operate a monitoring device which 
continuously measures and permanently records the total pressure drop 
across any process scrubbing system. The monitoring device shall have 
an accuracy of <plus-minus> 5 percent over its operating range.
    (d) The owner or operator of any granular triple superphosphate 
storage facility subject to the provisions of this subpart shall 
develop for approval by the Administrator a site-specific methodology 
including sufficient recordkeeping for the purposes of demonstrating 
compliance with Sec. 60.242 (b).
    5. In Sec. 60.244, paragraph (a)(2) is revised to read as follows:


Sec. 60.244  Test methods and procedures.

    (a) * * *
    (2) Fresh granular triple superphosphate is at least six percent of 
the total amount of triple superphosphate, or
* * * * *
[FR Doc. 97-9583 Filed 4-14-97; 8:45 am]
BILLING CODE 6560-50-P