Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Rules and Regulations 80261 

* * * * * 

■ 6. Section 81.336 is amended by 

revising the entry for CincinnatiHamilton, OH in the table entitled 

‘‘Ohio PM2.5 (Annual NAAQS)’’ to read 

as follows: 

§ 81.336 Ohio. 

* * * * * 

OHIO PM2.5

[Annual NAAQS] 

Designated area 

Designation a

Date 1 Type 

* * * * * * * 

Cincinnati-Hamilton, Ohio: 

Butler County ...............................................................................................................................................................

Clermont County ..........................................................................................................................................................

Hamilton County ..........................................................................................................................................................

Warren County .............................................................................................................................................................

12/23/2011 Attainment. 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

* * * * * 

[FR Doc. 2011–32818 Filed 12–22–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0080; FRL–9610–2] 

RIN 2060–AR16 

National Emission Standards for 

Hazardous Air Pollutants: Area Source 

Standards for Prepared Feeds 

Manufacturing; Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action to revise certain provisions of the 

area source national emission standards 

for hazardous air pollutants (NESHAP) 

for prepared feeds manufacturing 

published on January 5, 2010 (final 

rule). These revisions will clarify the 

regulatory requirements for this source 

category and ensure that those 

requirements are consistent with the 

record. The revisions address the 

generally available control technology 

(GACT) requirements for pelleting 

processes at large, existing prepared 

feeds manufacturing facilities, 

specifically removal of the cyclone 95- 

percent design efficiency requirement, 

as well as associated requirements for 

compliance demonstration, monitoring, 

reporting, and recordkeeping; 

clarification of the requirement that 

doors be kept closed in areas where 

materials containing chromium and 

manganese are stored, used, or handled; 

and clarification of the requirement to 

install a device at the point of bulk 

loadout to minimize emissions. These 

amendments are not expected to result 

in increased emissions or in the 

imposition of costs beyond those 

described in the January 5, 2010, final 

rule. 

DATES: This direct final rule is effective 

on February 21, 2012 without further 

notice, unless the EPA receives adverse 

comment by January 23, 2012. If we 

receive adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule, or relevant provisions of 

this rule, will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0080, by one of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov: Follow the 

instructions for submitting comments. 

• Agency Web site: www.epa.gov/oar/ 

docket.html. Follow the instructions for 

submitting comments on the EPA Air 

and Radiation Docket Web site. 

• Email: a-and-r-Docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2008–0080 in the subject line of the 

message. 

• Fax: Send comments to (202) 566– 

9744, Attention Docket ID No. EPA– 

HQ–OAR–2008–0080. 

• Mail: Area Source NESHAP for 

Prepared Feeds Manufacturing Docket, 

Environmental Protection Agency, Air 

and Radiation Docket and Information 

Center, Mailcode: 2822T, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. Please include a total of two 

copies. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West, Room 

3334, 1301 Constitution Avenue NW., 

Washington, DC 20460. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2008– 

0080. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

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 www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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. For additional 

instructions on submitting comments, 


srobinson on DSK4SPTVN1PROD with RULES
80262 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Rules and Regulations 

1North American Industry Classification System. 

see Section III of the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2008–0080. All 

documents in the docket are listed in 

the Federal Docket Management System 

index at www.regulations.gov. 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 form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Public Reading 

Room, 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 Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Jan 

King, Outreach and Information 

Division, Office of Air Quality Planning 

and Standards (C404–05), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711. 

Telephone number: (919) 541–5665; fax 

number: (919) 541–0242; email address: 

king.jan@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information presented in this preamble 

is organized as follows: 

I. Why is the EPA using a direct final rule? 

II. Does this action apply to me? 

III. What should I consider as I prepare my 

comments for the EPA? 

A. Submitting CBI 

B. Tips for Preparing Your Comments 

IV. Where can I get a copy of this document? 

V. What amendments are being made to this 

rule? 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. Why is the EPA using a direct final 

rule? 

The EPA is publishing these 

amendments without a prior proposed 

rule because we view this as a 

noncontroversial action and anticipate 

no adverse comment. However, in the 

‘‘Proposed Rules’’ section of today’s 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to revise certain 

provisions of the final area source rule 

for prepared feeds manufacturing 

published on January 5, 2010, (75 FR 

522) if adverse comments are received 

on this direct final rule. If we receive 

adverse comment on a distinct 

provision of this direct final rule, we 

will publish a timely withdrawal in the 

Federal Register indicating which 

provisions we are withdrawing. The 

provisions that are not withdrawn will 

become effective on the date set out 

above, notwithstanding adverse 

comment on any other provision. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

As explained below, this action 

revises the generally available control 

technology (GACT) standard for 

pelleting operations at large, existing 

prepared feeds manufacturing facilities, 

specifically removal of the cyclone 95 

percent design efficiency requirement, 

as well as associated requirements for 

compliance demonstration, monitoring, 

reporting, and recordkeeping; 

clarification of the requirement that 

doors be kept closed in areas where 

materials containing chromium and 

manganese are stored, used, or handled; 

and clarification of the requirement to 

install a device at the point of bulk 

loadout to minimize emissions. 

II. Does this action apply to me? 

Regulated Entities. The regulated 

categories and entities potentially 

affected by the rule include: 

Category NAICS code1 Examples of regulated entities 

Other Animal Foods Manufacturing ............................................ 311119 Animal feeds, prepared (except dog and cat), manufacturing. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. To determine 

whether your facility is regulated by this 

action, you should examine the 

applicability criteria in 40 CFR 

63.11619, subpart DDDDDDD (NESHAP 

for Area Sources: Prepared Feeds 

Manufacturing). If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

either the state delegated authority or 

the EPA regional representative, as 

listed in 40 CFR 63.13 of subparts A 

(General Provisions). 

III. What should I consider as I prepare 

my comments for the EPA? 

A. Submitting CBI. Do not submit this 

information to the EPA through http:// 

www.regulations.gov or email. Clearly 

mark all of the information that you 

claim to be CBI. For CBI information in 

a disk or CD–ROM that you mail to the 

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. 

B. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (e.g., subject heading, 

Federal Register date and page number). 

• Follow directions. The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Rules and Regulations 80263 

2We are not changing any requirements for new 

large, prepared feeds manufacturing facilities. We 

have amended the regulatory text to clarify that the 

design efficiency requirement and associated 

compliance mechanisms, monitoring, reporting, 

and recordkeeping requirements apply only to new 

sources. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

IV. Where can I get a copy of this 

document? 

Electronic Access. In addition to being 

available in the docket, an electronic 

copy of this direct final action will also 

be available on the Worldwide Web 

(WWW) through the Technology 

Transfer Network (TTN). Because this is 

an amendment of regulatory language 

through rulemaking, a redline version of 

the regulatory language has been created 

and has been placed in the docket 

(http://www.regulations.gov, see Docket 

No. EPA–HQ–OAR–2008–0080) to aid 

the public’s ability to comment on the 

regulatory text. Following signature, a 

copy of this final action will be posted 

on the TTN’s policy and guidance page 

for newly proposed or promulgated 

rules at the following address: http:// 

www.epa.gov/ttn/oarpg. The TTN 

provides information and technology 

exchange in various areas of air 

pollution control. 

V. What amendments are being made to 

this rule? 

On January 5, 2010 (75 FR 522), the 

EPA promulgated the NESHAP for area 

source prepared feeds manufacturing 

facilities as subpart DDDDDDD in 40 

CFR part 63. Existing affected sources 

(i.e., construction or reconstruction of 

the facility began on or before July 27, 

2009) must comply with the rule by 

January 5, 2012, while new affected 

sources (i.e., construction or 

reconstruction of the facility began after 

July 27, 2009) were required to comply 

by January 5, 2010, or upon startup, 

whichever is later. 

Today’s action consists of three 

revisions and clarifications. The rule 

requires that pelleting operations at 

large, prepared feeds manufacturing 

facilities (i.e., those facilities with an 

average daily feed production level 

exceeding 50 tons per day) use cyclones. 

In the final rule, these cyclones were 

required to have a 95-percent design 

efficiency. This action revises this 

requirement for existing sources only.2

Such sources must use cyclones, and 

those cyclones must be operated in 

accordance with good air pollution 

control practices and manufacturer’s 

specifications and operating 

instructions, if available, or standard 

operating procedures must be developed 

by the facility owner or operator to 

ensure proper operation and 

maintenance of the cyclone. 

In the preamble to the final rule, we 

recognized that the cyclones employed 

on pelleting operations at existing, large 

prepared feeds manufacturing facilities 

were generally available and provided 

effective Hazardous Air Pollutant (HAP) 

emissions control (75 FR 533). We 

added the 95-percent design efficiency 

requirement in the final rule because we 

thought, based on limited data from 

sources that did not have cyclones, that 

a large percentage of existing cyclones at 

large facilities already met that design 

efficiency (75 FR 544). In assessing the 

costs of the design efficiency 

requirement, as part of our GACT 

analysis, we estimated that few existing 

sources (approximately 2 percent) did 

not have cyclones and would need to 

install them to meet the requirement 

(Economic Impact Analysis for the 

Prepared Feeds Manufacturing Area 

Source NESHAP, June 17, 2009, Docket 

No. EPA–HQ–OAR–2008–0080–0036). 

We also explained in the final rule that 

it was not our intent to force prepared 

feed manufacturers to replace older, 

well-designed, and properly operating 

cyclones with new high-efficiency 

cyclones (75 FR 533). Indeed, we 

recognized that requiring the 

replacement of older, well designed, 

properly operating cyclones was not 

cost effective, because the incremental 

emission reductions would be very low 

and the costs would be high (75 FR 

533). 

The EPA included in the final rule 

three different mechanisms by which a 

source could demonstrate compliance 

with the design efficiency requirement. 

40 CFR 63.11621(e)(1)–(3). A source 

could show compliance by having either 

cyclone manufacturer certification/ 

specifications, a certification by a 

professional engineer or responsible 

official, or a Method 5 performance test 

that indicates whether PM is being 

released from the system (Appendix A 

to part 60) (which determines the 

particulate matter mass rate at the inlet 

and outlet of the cyclone). The EPA has 

recently learned that most existing 

sources would need to install new 

cyclones to provide the required 

documentation for demonstrating 

compliance with the final rule. (Material 

presented by prepared feeds industry 

representatives at the January 25, 2011, 

meeting with EPA staff, and Request for 

Administrative Stay and 

Reconsideration—June 10 2011, both of 

which are included in Docket No. EPA– 

HQ–OAR–2008–0080). That was not the 

intent of the final rule, and this result 

cannot be reconciled with the GACT 

analysis underlying the final rule. 

As noted above, we premised the 

design efficiency requirement in the 

final rule for existing sources on the 

assumption that all but a few cyclones 

were meeting that requirement and that 

only a few sources would need to install 

new cyclones. Our cost analysis in the 

final rule tracked this assumption. We 

now recognize that this assumption was 

incorrect, and that our regulations, as 

written, would require many existing 

facilities to replace existing cyclones, 

which is contrary to our GACT analysis. 

As explained in the final rule, the 

replacement of older, well designed, 

properly operating cyclones is not cost 

effective (75 FR at 533). We are therefore 

revising the requirement of the final rule 

for pelleting operations at existing large 

prepared feeds manufacturing facilities 

(i.e., those facilities with an average 

daily feed production level exceeding 

50 tons per day) to require the use of 

cyclones. We are also requiring that the 

cyclones be operated in accordance with 

good air pollution control practices and 

manufacturer’s specifications and 

operating instructions, if available, or 

standard operating procedures must be 

developed by the facility owner or 

operator to ensure proper operation and 

maintenance of the cyclone. These 

revisions are wholly consistent with the 

record supporting the final rule, 

including the cost analysis and our 

determination that cyclones are 

generally available for existing sources 

and effectively control HAP emissions. 

Further, the EPA is revising the 

requirements for demonstration of 

compliance, monitoring, and the 

notification, reporting and 

recordkeeping requirements for existing 

sources only, consistent with the 

removal of the design efficiency 

requirement for those sources. This rule 

would amend the notification of 

compliance status requirements such 

that the cyclone manufacturer’s 

operating specifications or standard 

operating procedures developed by the 

prepared feeds manufacturer be 

required as part of the record instead of 

one of the cyclone parameters as 

specified in the final rule (i.e., inlet flow 

rate, inlet velocity, pressure drop, or fan 


srobinson on DSK4SPTVN1PROD with RULES
80264 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Rules and Regulations 

amperage range). The revised annual 

compliance certification would include 

all instances when the cyclone does not 

operate according to manufacturer 

specifications or the standard operating 

procedures. This would replace the 

requirement for existing sources to 

include in the annual compliance 

certification the cyclone parameters 

listed in the final rule. We are also 

revising the recordkeeping requirements 

for existing sources to require the owner 

or operator to record the results of 

weekly visual inspections. This would 

replace the requirement in the January 

5, 2010, final rule for existing sources to 

record the daily inlet flow rate, inlet 

velocity, pressure drop, or fan 

amperage. 

This action also clarifies that the 

requirement to keep doors closed in 

areas where materials containing 

manganese and chromium are stored, 

used, or handled does not apply to areas 

where finished prepared feeds product 

is stored in closed containers, since 

there are no HAP emissions in these 

areas. See 40 CFR 63.11621(a)(iii). 

Finally, there has been some 

confusion regarding the type of device 

needed to comply with the bulk loadout 

provision at 40 CFR 63.11621(d). These 

amendments clarify that any type of 

device may be used to minimize the 

distance between the place where bulk 

loadout occurs and the vehicle being 

loaded. The distance may also be 

minimized by the design of the loadout 

process itself (e.g., the loadout arm 

positioned directly above the vehicle 

being loaded). 

These revisions and clarifications will 

become effective on February 21, 2012 

without further notice, unless EPA 

receives adverse comment by January 

23, 2012. If we receive adverse comment 

on a distinct provision of this direct 

final rule, we will publish a timely 

withdrawal in the Federal Register 

indicating which provisions we are 

withdrawing. The provisions that are 

not withdrawn will become effective on 

the date set out above, notwithstanding 

adverse comment on any other 

provision. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden above 

that required in the original rule. The 

revisions do not require additional 

information collection requirements and 

may result in an overall reduction of the 

information collection burden. 

Therefore, the information collection 

requests are not being amended. The 

Office of Management and Budget 

(OMB) previously approved the 

information collection request (ICR) 

contained in the existing regulations 

(subpart DDDDDDD, 40 CFR part 63) 

under the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

and has assigned OMB control number 

2060–0635 (ICR 2354.02). The OMB 

control numbers for EPA’s regulations 

in 40 CFR are listed in part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

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 would not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small not-for-profit enterprises, and 

small governmental jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s regulations found 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 

impacts of this action on small entities, 

I certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This final rule will not impose any 

requirements on small entities. This 

action does not impose any additional 

costs over those in the final rule 

published on January 5, 2010 (75 FR 

522). In fact, the clarifications contained 

in this action are expected to reduce 

costs for some small businesses that 

would otherwise have installed control 

equipment, but that would not be 

required to do so as a result of these 

amendments. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandate under the provisions of title II 

of the Unfunded Mandates Reform Act 

of 1995 (UMRA), 2 U.S.C. 1531–1538 for 

state, local, or tribal governments, or the 

private sector. This action imposes no 

enforceable duty on state, local, or tribal 

governments, or the private sector. 

Therefore, this action is not subject to 

the requirements of sections 202 and 

205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action imposes no obligations upon 

them. 

E. Executive Order 13132: Federalism 

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. This direct final 

rule does not impose any requirements 

on state and local governments. Thus, 

Executive Order 13132 does not apply 

to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This direct final rule imposes no 

requirements on tribal governments. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) 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 action is 

not subject to EO 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, 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Rules and Regulations 80265 

2001) because it is not a significant 

regulatory action under Executive Order 

12886. 

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, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards 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 voluntary consensus standards 

bodies. NTTAA directs the EPA to 

provide Congress, through OMB, 

explanations when the agency decides 

not to use available and applicable 

voluntary consensus standards. 

This action does not involve technical 

standards. Therefore, the EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 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 EPA has determined that this 

direct final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This direct final rule 

makes revisions and clarifications to the 

rule and should not result in increased 

emissions beyond those described in the 

final rule. 

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 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing these 

revisions 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). 

List of Subjects for 40 CFR Part 63 

Environmental protection, Particulate 

matter, Air pollution control, Hazardous 

substances, Reporting and 

recordkeeping requirements. 

Dated: December 15, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency is amending 40 CFR, part 63, as 

follows: 

PART 63—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE 

CATEGORIES 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart DDDDDDD—[Amended] 

■ 2. Amend § 63.11621 as follows: 

■ a. By revising the introductory text. 

■ b. By revising paragraph (a)(1)(iii). 

■ c. By revising paragraph (d). 

■ d. By revising paragraph (e) 

introductory text. 

■ e. By adding paragraph (f). 

§ 63.11621 What are the standards for new 

and existing prepared feeds manufacturing 

facilities? 

You must comply with the 

management practices and standards in 

paragraphs (a) through (d) of this section 

at all times. For pelleting operations at 

prepared feeds manufacturing facilities 

with an average daily feed production 

level exceeding 50 tons per day, you 

must also comply with the requirements 

in paragraph (e) of this section at all 

times if you are a new source, and if you 

are an existing source, you must also 

comply with the requirements in 

paragraph (f) of this section at all times. 

(a) * * * 

(1) * * * 

(iii) You must keep exterior doors in 

the immediate affected areas shut except 

during normal ingress and egress, as 

practicable. This paragraph (a)(1)(iii) 

does not apply to areas where finished 

product is stored in closed containers, 

and no other materials containing 

chromium or manganese are present. 

* * * * * 

(d) For the bulk loading process 

where materials containing chromium 

or manganese are loaded into trucks or 

railcars, you must lessen fugitive 

emissions by reducing the distance 

between the loadout spout and the 

vehicle being loaded by either 

paragraph (d)(1) or (d)(2) of this section. 

(1) Use a device of any kind at the 

bulk loadout spout that minimizes the 

distance to the vehicle being loaded. 

(2) Use any other means to minimize 

the distance between the loadout spout 

and the vehicle being loaded. 

(e) For the pelleting operations at new 

prepared feeds manufacturing facilities 

with an average daily feed production 

level exceeding 50 tons per day, you 

must capture emissions and route them 

to a cyclone designed to reduce 

emissions of particulate matter by 95 

percent or greater. You must also 

comply with the provisions in 

paragraphs (e)(1) through (3) of this 

section. 

* * * * * 

(f) For the pelleting operations at 

existing prepared feeds manufacturing 

facilities with an average daily feed 

production level exceeding 50 tons per 

day, you must capture emissions and 

route them to a cyclone. The cyclone 

must be maintained in accordance with 

good air pollution control practices and 

manufacturer’s specifications and 

operating instructions, if available. If 

manufacturer’s specifications and 

operating instructions are not available, 

you must develop and follow standard 

operating procedures that ensure proper 

operation and maintenance of the 

cyclone. 

■ 3. Amend § 63.11622 by revising 

paragraph (b) to read as follows: 

§ 63.11622 What are the monitoring 

requirements for new and existing sources? 

* * * * * 

(b) If you own or operate an affected 

source required by § 63.11621(e) or (f) to 

install and operate a cyclone to control 

emissions from pelleting operations, 

you must comply with the inspection 

and monitoring requirements in 

paragraphs (b)(1) and either (b)(2) or 

(b)(3) of this section, as applicable. 

(1) You must perform quarterly 

inspections of the cyclone for corrosion, 

erosion, or any other damage that could 

result in air in-leakage, and record the 

results in accordance with 

§ 63.11624(c). 


srobinson on DSK4SPTVN1PROD with RULES
80266 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Rules and Regulations 

(2) If you own or operate a new 

source, you must monitor inlet flow 

rate, inlet velocity, pressure drop, or fan 

amperage at least once per day when the 

pelleting process is in operation. You 

must also record the inlet flow rate, 

inlet velocity, pressure drop, or fan 

amperage in accordance with 

§ 63.11624(c)(4). 

(3) If you own or operate an existing 

source, you must perform a weekly 

visual inspection of the operating 

cyclone to ensure it is operating 

consistent with good air pollution 

control practices. 

■ 4. Amend § 63.11624 as follows: 

■ a. By revising paragraphs (a)(2)(iii) 

and (a)(2)(iv). 

■ b. By adding paragraph (a)(2)(v). 

■ c. By revising paragraphs (b)(4), (b)(5) 

and (b)(6). 

■ d. By adding paragraph (b)(7). 

■ e. By revising paragraphs (c) 

introductory text, (c)(4) introductory 

text, (c)(5), (c)(6), (c)(7), and (c)(8). 

■ f. By adding paragraph (c)(9). 

§ 63.11624 What are the notification, 

reporting, and recordkeeping 

requirements? 

(a) * * * 

(2) * * * 

(iii) If you own or operate a new 

source required by § 63.11621(e) to 

install and operate a cyclone to control 

emissions from pelleting operations, the 

inlet flow rate, inlet velocity, pressure 

drop, or fan amperage range than 

constitutes proper operation of the 

cyclone determined in accordance with 

§ 63.11621(e)(2). 

(iv) If you own or operate an existing 

source required by § 63.11621(f) to 

install and operate a cyclone to control 

emissions from pelleting operations, 

documentation of what constitutes 

proper operation of the cyclone 

determined in accordance with 

§ 63.11621(f). 

(v) If you own or operate an affected 

source that is not subject to a 

requirement in § 63.11621(e) or (f) to 

install and operate a cyclone to control 

emissions from pelleting operations 

because your initial average daily feed 

production level was 50 tpd or less, 

documentation of your initial daily 

pelleting production level 

determination. 

(b) * * * 

(4) If you own or operate a new source 

that is subject to § 63.11621(e), you must 

identify all instances when the daily 

inlet flow rate, inlet velocity, pressure 

drop, or fan amperage is outside the 

range that constitutes proper operation 

of the cyclone submitted as part of your 

Notification of Compliance Status. In 

these instances, include the time 

periods when this occurred and the 

corrective actions taken. 

(5) If you own or operate an existing 

source that is subject to § 63.11621(f), 

you must identify all instances when 

the cyclone was not operating properly 

as determined in accordance with 

§ 63.11621(f). 

(6) If you own or operate an affected 

source that is not subject to a 

requirement in § 63.11621(e) or (f) to 

install and operate a cyclone to control 

emissions from pelleting operations 

because your average daily feed 

production level was 50 tpd or less, 

notification if your average daily feed 

production level for the previous year 

exceeded 50 tpd. 

(7) If you own or operate an affected 

source that was subject to a requirement 

in § 63.11621(e) or (f) to install and 

operate a cyclone to control emissions 

from pelleting operations, notification if 

your average daily feed production level 

for the previous year was 50 tpd or less 

and that you are no longer complying 

with § 63.11621(e) or (f). 

(c) Records. You must maintain the 

records specified in paragraphs (c)(1) 

through (6) of this section in accordance 

with paragraphs (c)(7) through (9) of this 

section. 

* * * * * 

(4) If you own or operate a new source 

that is subject to § 63.11621(e), you must 

keep the records in paragraphs (c)(4)(i) 

through (v) of this section. 

* * * * * 

(5) If you own or operate an existing 

source that is subject to § 63.11621(f), 

you must keep the records in paragraphs 

(c)(5)(i) and (ii) of this section. 

(i) Records of all quarterly inspections 

including the information identified in 

paragraphs (c)(5)(i)(A) through (C) of 

this section. 

(A) The date, place, and time of each 

inspection; 

(B) Person performing the inspection; 

(C) Results of the inspection, 

including the date, time, and duration of 

the corrective action period from the 

time the inspection indicated a problem 

to the time of the indication that the 

cyclone was restored to proper 

operation. 

(ii) Records of weekly visual 

inspections of the operating cyclone, 

including a record of any corrective 

action taken as a result of the 

inspection. 

(6) If you own or operate an affected 

source that is not subject to a 

requirement in § 63.11621(e) or (f) to 

install and operate a cyclone to control 

emissions from pelleting operations 

because your average daily feed 

production level is 50 tpd or less, feed 

production records to enable the 

determination of the average daily feed 

production level. 

(7) Your records must be in a form 

suitable and readily available for 

expeditious review, according to 

§ 63.10(b)(1). 

(8) As specified in § 63.10(b)(1), you 

must keep each record for 5 years 

following the date of each recorded 

action. 

(9) You must keep each record onsite 

for at least 2 years after the date of each 

recorded action according to 

§ 63.10(b)(1). You may keep the records 

offsite for the remaining 3 years. 

* * * * * 

[FR Doc. 2011–32835 Filed 12–22–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 101126522–0640–02] 

RIN 0648–XA886 

Pacific Cod by Vessels Catching 

Pacific Cod for Processing by the 

Inshore Component of the Central 

Regulatory Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

a closure. 

SUMMARY: NMFS is opening directed 

fishing for Pacific cod by vessels 

catching Pacific cod for processing by 

the inshore component in the Central 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to fully 

use the 2011 total allowable catch (TAC) 

of Pacific cod by vessels catching Pacific 

cod for processing by the inshore 

component in the Central Regulatory 

Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), December 27, 2011, 

through December 31, 2011. Comments 

must be received at the following 

address no later than 4:30 p.m., A.l.t., 

January 4, 2012. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2011–0283, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal 

www.regulations.gov. To submit 


srobinson on DSK4SPTVN1PROD with RULES