[Federal Register Volume 66, Number 242 (Monday, December 17, 2001)]
[Proposed Rules]
[Pages 65079-65080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31010]



Federal Register / Vol. 66, No. 242 / Monday, December 17, 2001 / 
Proposed Rules

[[Page 65079]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7118-6]
RIN 2060-AE44


National Emission Standards for Hazardous Air Pollutants From 
Phosphoric Acid Manufacturing Plants and Phosphate Fertilizers 
Production Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: The EPA is proposing to amend the national emission standards 
for hazardous air pollutants (NESHAP) for phosphoric acid manufacturing 
plants and the NESHAP for phosphate fertilizers production plants which 
were promulgated on June 10, 1999 under authority of section 112 of the 
Clean Air Act (CAA). This action proposes to amend specific provisions 
in the NESHAP to resolve issues and questions raised after promulgation 
of the NESHAP. The proposed amendments would revise the emissions limit 
for phosphate rock calciners and clarify several provisions regarding 
parameter monitoring and the applicability of the general provisions.
    In the Rules and Regulations section of this Federal Register, we 
are making the corrections in a direct final rule, without prior 
proposal, because we view the revisions as noncontroversial, and we 
anticipate no adverse comments. We have explained our reasons for the 
corrections in the preamble to the direct final rule.
    If we receive no adverse comments, we will take no further action 
on this proposed rule. If we receive adverse comments, we will publish 
a timely withdrawal of the direct final rule in the Federal Register. 
All public comments will be addressed in a subsequent final rule based 
on this proposed rule. We will not institute a second comment period on 
that subsequent final rule. Any parties interested in commenting must 
do so at this time.

DATES: Comments. Written comments must be received by January 16, 2002, 
unless a hearing is requested by December 27, 2001. If a hearing is 
requested, written comments must be received by January 31, 2002.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by December 27, 2001, a public hearing will be held on 
January 2, 2002.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in 
duplicate, if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention Docket Number A-94-02, U.S. EPA, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. In person or by 
courier, deliver comments (in duplicate if possible) to: Air and 
Radiation Docket and Information Center (6102), Attention Docket Number 
A-94-02, Room M-1500, U.S. EPA, 401 M Street, SW., Washington DC 20460. 
The EPA requests that a separate copy of each public comment be sent to 
the contact person listed below (see FOR FURTHER INFORMATION CONTACT). 
Comments may also be submitted electronically by following the 
instructions provided in SUPPLEMENTARY INFORMATION. 
    Public Hearing. If a public hearing is held, it will be held at the 
EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina at 10:30 a.m.
    Docket. Docket No. A-94-02 contains supporting information used in 
developing the NESHAP. The docket is located at the U.S. EPA, 401 M 
Street, SW., Washington, DC 20460 in Room M-1500, Waterside Mall 
(ground floor), and may be inspected from 8:00 a.m. to 5:30 p.m., 
Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Tanya Medley, Minerals and 
Inorganic Chemicals Group, Emission Standards Division (MC-C504-05), 
U.S. EPA, Research Triangle Park, North Carolina 27711, telephone 
number (919) 541-5422, facsimile number (919) 541-5600, electronic mail 
(e-mail) address: <a href="/cdn-cgi/l/email-protection#eb868e8f878e92c59f8a85928aab8e9b8ac58c849d"><span class="__cf_email__" data-cfemail="deb3bbbab2bba7f0aabfb0a7bf9ebbaebff0b9b1a8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: A direct final rule identical to this 
proposal is published in the Rules and Regulations section of this 
Federal Register. If relevant adverse comments are received on this 
proposal, the direct final rule will be withdrawn and the comments will 
be addressed in a subsequent final rule. If relevant adverse comments 
are received only on a discrete portion of the rule, we will consider 
withdrawing only that portion of the rule. If no relevant adverse 
comments are received, no further action will be taken on this proposal 
and the direct final will become effective as provided in that notice.
    The regulatory text for this proposal is identical to that for the 
direct final rule published in the Rules and Regulations section of 
this Federal Register. For further supplementary information, see the 
direct final rule.
    Comments. Comments and data may be submitted by e-mail to: <a href="/cdn-cgi/l/email-protection#48296529262c653a652c272b232d3c082d3829662f273e"><span class="__cf_email__" data-cfemail="147539757a70396639707b777f7160547164753a737b62">[email protected]</span></a>. Electronic comments must be submitted as an ASCII file 
to avoid the use of special characters and encryption problems and will 
also be accepted on disks in WordPerfect format. All comments and data 
submitted in electronic form must note the docket number A-94-02. No 
confidential business information (CBI) should be submitted by e-mail. 
Electronic comments may be filed online at many Federal Depository 
Libraries.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
proprietary information directly to the following address, and not to 
the public docket, to ensure that proprietary information is not 
inadvertently placed in the docket: OAQPS Document Control Officer, MC-
C404-02, Attn: Ms. Tanya Medley, U.S. EPA, Research Triangle Park, NC 
27709. The EPA will disclose information identified as CBI only to the 
extent allowed by the procedures set forth in 40 CFR part 2. If no 
claim of confidentiality accompanies a submission when it is received 
by EPA, the information may be made available to the public without 
further notice to the commenter.

Public Hearing

    Persons interested in presenting oral testimony or inquiring as to 
whether a hearing is to be held should contact Ms. Tanya Medley, U.S. 
EPA, MC-C504-05, Research Triangle Park, NC 27709, telephone (919) 541-
5422, at least 2 days in advance of the public hearing. Persons 
interested in attending the public hearing must also call Ms. Tanya 
Medley to verify the time, date, and location of the hearing. The 
public hearing will provide interested parties the opportunity to 
present data, views, or arguments concerning these proposed amendments.

Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in the development of this rulemaking. The docket 
is a dynamic file because material is added throughout the rulemaking 
process. The docketing system is intended to allow members of the 
public and industries involved to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the proposed and promulgated rules and their preambles, the 
contents of the docket will serve as the record in the case of judicial 
review. (See section

[[Page 65080]]

307(d)(7)(A) of the CAA.) The regulatory text and other materials 
related to this rulemaking are available for review in the docket or 
copies may be mailed on request from the Air Docket by calling (202) 
260-7548. A reasonable fee may be charged for copying docket materials.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposed rule will also be available through 
the WWW. Following signature, a copy of this action will be posted on 
the EPA's Technology Transfer Network (TTN) policy and guidance page 
for newly proposed or promulgated rules: http://www.epa.gov/ttn/oarpg. 
The TTN at EPA's web site provides information and technology exchange 
in various areas of air pollution control. If more information 
regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.

Regulated Entities

    The regulated category and entities affected by this action 
include:

----------------------------------------------------------------------------------------------------------------
                Source category                     SIC         NAICS         Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industrial....................................         2874       325314  Phosphoric acid manufacturing
                                                                           facilities (wet process phosphoric
                                                                           acid process line, superphosphoric
                                                                           acid process line, phosphate rock
                                                                           dryer, phosphate rock calciner,
                                                                           purified phosphoric acid process
                                                                           line).
Industrial....................................         2874       325314  Phosphate fertilizers production
                                                                           (diammonium and/or monoammonium
                                                                           phosphate process line, granular
                                                                           triple superphosphate process line,
                                                                           granular triple superphosphate
                                                                           storage building).
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers likely to be interested in the revisions to the rule 
affected by this action. To determine whether your facility, is 
regulated by this action, you should examine the applicability criteria 
of the rules. If you have questions regarding the applicability of 
these proposed amendments to a particular entity, consult the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.

What Are the Administrative Requirements for This Action?

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations section of this Federal Register.

Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The 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 impacts of this proposed rule on 
small entities, the EPA found that 2 of the 21 firms that potentially 
could be subject to the standards are small firms. Of the two, data 
indicate that one is an area source which would not be covered by the 
standards. The second source could be major and subject to the 
requirements of the standards. Information available to EPA shows, 
however, that the second source is able to achieve the control levels 
associated with the promulgated rules using existing equipment. The 
second source would not be significantly impacted by this proposed 
action because it clarifies and makes corrections to the promulgated 
rules but imposes no additional regulatory requirements.
    Because the proposed rule amendments impose no additional 
regulatory requirements on owners or operators of phosphoric acid 
manufacturing plants or phosphate fertilizers production plants, I 
certify that this action will not have a significant economic impact on 
a substantial number of small entities.
    For information regarding other administrative requirements for 
this action, please see the direct final rule action that is located in 
the Rules and Regulations section of this Federal Register publication.

List of Subjects in 40 CFR Part 63

    Administrative practice and procedure, Air pollution control, 
Hazardous substances, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: December 10, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-31010 Filed 12-14-01; 8:45 am]
BILLING CODE 6560-50-P


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