[Federal Register Volume 66, Number 242 (Monday, December 17, 2001)]
[Rules and Regulations]
[Pages 65072-65078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31009]



[[Page 65071]]

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Part III





Environmental Protection Agency





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40 CFR Part 63



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

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

[[Page 65072]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7118-7]
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: Direct final rule; amendments.

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SUMMARY: The EPA is taking direct final action 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). The NESHAP apply 
to owners and operators of phosphoric acid and phosphate fertilizers 
production facilities that are major sources of hazardous air 
pollutants (HAP). The EPA is amending specific provisions in the NESHAP 
to resolve issues and questions raised after promulgation of the final 
rules. The amendments do not significantly change EPA's original 
projections for the environmental benefits, compliance costs, and 
burden on industry, and do not affect the number of affected 
facilities.

DATES: The direct final rule will be effective on February 15, 2002 
without further notice, unless significant adverse comments are 
received by January 16, 2002.
    If significant material adverse comments are received by January 
16, 2002, this direct final rule will be withdrawn and the comments 
addressed in a subsequent final rule based on the proposed rule. If no 
significant material adverse comments are received, no further action 
will be taken on the proposal and this direct final rule will become 
effective on February 15, 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 a separate copy of the comments also be sent to the 
contact person listed below (see FOR FURTHER INFORMATION CONTACT).

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 27709, telephone 
number (919) 541-5422, facsimile number (919) 541-5600, electronic mail 
(e-mail) address: <a href="/cdn-cgi/l/email-protection#2f424a4b434a56015b4e41564e6f4a5f4e01484059"><span class="__cf_email__" data-cfemail="95f8f0f1f9f0ecbbe1f4fbecf4d5f0e5f4bbf2fae3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Comments. We are publishing this direct 
final rule without prior proposal because we view the amendments as 
noncontroversial and do not anticipate adverse comments. However, in 
the Proposed Rules section of this Federal Register, we are publishing 
a separate document that will serve as the proposal in the event that 
adverse comments are filed.
    If we receive any significant adverse comments, we will publish a 
timely withdrawal in the Federal Register informing the public that 
this direct final rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this direct final rule. Any 
parties interested in commenting must do so at this time.

Docket

    The docket is an organized and complete file of all the information 
considered by EPA in the development of this direct final 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. The docket number for this rulemaking is A-94-
02.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this action will also be available through the 
WWW. Following signature, a copy of this action will be posted on 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. Today's action applies to process components at 
new and existing phosphoric acid manufacturing plants and phosphate 
fertilizers production plants. Regulated categories and entities 
include:

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             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 regarding entities likely to be regulated 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 this action to a particular 
entity, consult the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.

Judicial Review

    Under section 307(b)(1) of the CAA, judicial review of this direct 
final rule is available only by filing a petition for review in the 
U.S. Court of Appeals for the District of Columbia Circuit by February 
15, 2002. Under section 307(d)(7)(B) of the CAA, only an objection to a 
rule or procedure raised with reasonable specificity during the period 
for public comment can be raised during judicial review. Moreover, 
under section 307(b)(2) of the CAA, the requirements established by 
this direct

[[Page 65073]]

final rule may not be challenged separately in any civil or criminal 
proceeding brought to enforce these requirements.

Outline

    The information presented in this preamble is organized as follows:

I. Background
II. Amendments Specific to Subpart AA--National Emission Standards 
for Hazardous Air Pollutants From Phosphoric Acid Manufacturing 
Plants
    A. Standards for Existing Sources
    B. Standards for New Sources
    C. Monitoring Requirements
III. Amendments to Both Subpart AA--National Emission Standards for 
Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants 
and Subpart BB--National Emission Standards for Hazardous Air 
Pollutants From Phosphate Fertilizers Production Plants
    A. Applicability
    B. Monitoring Requirements
    C. Applicability of General Provisions
IV. Administrative Requirements
    A. Executive Order 12866, Regulatory Planning and Review
    B. Executive Order 13132, Federalism
    C. Executive Order 13175, Consultation and Coordination with 
Indian Tribal Governments
    D. Executive Order 13045, Protection of Children from 
Environmental Health Risks and Safety Risks
    E. Executive Order 13211, Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use
    F. Unfunded Mandates Reform Act of 1995
    G. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 
et seq.
    H. Paperwork Reduction Act
    I. National Technology Transfer and Advancement Act of 1995
    J. Congressional Review Act

I. Background

    The EPA, under 40 CFR part 63, subparts AA and BB, promulgated 
NESHAP for Phosphoric Acid Manufacturing Plants and Phosphate 
Fertilizers Production Plants. The NESHAP established standards to 
control HAP emissions from facilities producing phosphoric acid and 
phosphate fertilizers. The standards were promulgated on June 10, 1999 
(64 FR 31358).
    On August 4, 1999, The Fertilizer Institute filed for judicial 
review of the NESHAP, as provided for in CAA section 307(b), with 
respect to certain provisions regarding emissions standards for 
phosphate rock calciners, monitoring requirements in general, and 
applicability of the general provisions.

II. Amendments Specific to Subpart AA--National Emissions Standards 
for Hazardous Air Pollutants From Phosphoric Acid Manufacturing 
Plants

    The EPA is amending 40 CFR part 63, subpart AA, to correct errors, 
to revise the emissions limit for phosphate rock calciners, to clarify 
certain monitoring requirements, and to clarify applicability of 
certain parts of the general provisions.

A. Standards for Existing Sources

    The EPA promulgated standards for phosphate rock calciners based on 
performance of the floor technology which was identical wet scrubbing 
technology installed on six identical calciners at one facility, plus 
data from a calciner with wet scrubbers at a second facility. The 
promulgated standard under 40 CFR 63.602 for existing calciners of 
0.1380 grams per dry standard cubic meter (g/dscm)(0.060 grains per dry 
standard cubic foot (gr/dscf)) was based on emissions data for the 
floor technology which was available to EPA at that time. Subsequent to 
the petition, additional emissions and operating data from compliance 
tests of those same scrubbers over a 7-year period were submitted to 
EPA. The data covered a range that exceeded the promulgated standards. 
Therefore, upon review of the operating and emission data from the same 
scrubbers upon which the promulgated standards were based, the EPA is 
changing the emission standard under 40 CFR 63.602 for existing 
calciners to 0.1810 g/dscm (0.080 gr/dscf).

B. Standards for New Sources

    The standards for new phosphate rock dryers in 40 CFR 63.603(c) are 
being revised to correct an error in the units of the standards. The 
promulgated rule included units of kilogram/metric ton per megagram of 
phosphate rock feed. The standards are being corrected to units of 
kilogram/megagram of phosphate rock feed.

C. Monitoring Requirements

    The promulgated monitoring requirements under 40 CFR 63.605 require 
the owner or operator of each new or existing phosphate rock dryer or 
phosphate rock calciner to install a system to permanently record the 
mass flow of feed material to the process. Due to process variations 
and available measurement techniques, it is easier to accurately 
measure the rock dryer and calciner outputs than to measure the input. 
Therefore, the EPA is revising 40 CFR 63.605 to specify that the 
phosphate rock dryer and phosphate rock calciner output rates be 
monitored and recorded. That change does not affect the stringency of 
the standards for those sources. Since the standards for rock dryers 
under 40 CFR 63.602 and 63.603 are in the format of kilogram/megagram 
or metric ton (pounds/ton) of rock feed, the owner/operator of the 
source will either need to measure the feed rate and production rate 
during compliance tests, or measure the product rate and the moisture 
contents of the feed and output product to then calculate the feed rate 
and show compliance.

III. Amendments to Both Subpart AA--National Emission Standards for 
Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants 
and Subpart BB--National Emission Standards for Hazardous Air 
Pollutants From Phosphate Fertilizers Production Plants

    The EPA is amending 40 CFR part 63, subparts AA and BB, for 
applicability, monitoring requirements, and applicability of the 
general provisions.

A. Applicability

    The applicability criteria in 40 CFR 63.600 and 63.620 are being 
clarified to state that excursions from applicable emissions limits and 
operating parameter ranges during periods of startup, shutdown or 
malfunction are not violations of the standards, provided the source is 
operated in accordance with the Startup, Shutdown, and Malfunction Plan 
submitted pursuant to 40 CFR 63.6(e)(3) and complies with the duty 
pursuant to 40 CFR 63.6(e)(i) to operate in a manner consistent with 
good air pollution control practices for minimizing emissions.

B. Monitoring Requirements

    The monitoring requirements in 40 CFR 63.605(d) and 63.625(f) are 
being clarified to specifically identify the averaging period as a 
daily average. The monitoring requirements in 40 CFR 63.605(d) and 
63.625(f) are being clarified to allow a source to retain a previously 
established parameter range if the last compliance test shows 
compliance with the emissions limits and the operating parameters fall 
within the established range.
    The monitoring requirements in 40 CFR 63.605(d) and 63.625(f) are 
being changed to correct an error. Those sections as promulgated 
require compliance with new operating parameter ranges the day after a 
new compliance emissions test. That cannot be done as test samples need 
to be analyzed, and any new parameter ranges need to be established. 
Therefore, those

[[Page 65074]]

sections are being changed to allow 30 days after submittal of test 
results to the permitting Agency before compliance with any new 
operating limits is required.

C. Applicability of General Provisions

    The applicability of the general provisions requirements in 40 CFR 
63.608 and 63.628 both refer to an appendix A in each rule. Both 
appendices list 40 CFR part 63, subpart A citations to Sec. 63.6(e)(1) 
and (2), (e)(3), and (f) in the first column of each table and show a 
comment column with comments regarding additional requirements. The 
comments portion for the citations was erroneously included in the 
promulgated rules and are deleted under this action.

IV. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
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 Executive 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 obligations 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, it has been 
determined that the amendments do not constitute a ``significant 
regulatory action'' because they do not meet any of the above criteria. 
Consequently, this action was not submitted to OMB for review under 
Executive Order 12866.

B. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (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.'' Under 
Executive Order 13132, the EPA may not issue a regulation that has 
federalism 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 State and local governments, or EPA consults with 
State and local officials early in the process of developing the 
proposed regulation. The EPA also may not issue a regulation that has 
federalism implications and that preempts State law unless EPA consults 
with State and local officials early in the process of developing the 
proposed regulation.
    If EPA complies by consulting, Executive Order 13132 requires EPA 
to provide to OMB, in a separately identified section of the preamble 
to the rule, a federalism summary impact statement (FSIS). The FSIS 
must include a description of the extent of EPA's prior consultation 
with State and local officials, a summary of the nature of their 
concerns and EPA's position supporting the need to issue the 
regulation, and a statement of the extent to which the concerns of 
State and local officials have been met. Also, when EPA transmits a 
draft final rule with federalism implications to OMB for review 
pursuant to Executive Order 12866, the EPA must include a certification 
from the EPA's Federalism Official stating that EPA has met the 
requirements of Executive Order 13132 in a meaningful and timely 
manner.
    The rule amendments 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. 
The rule amendments would not impose directly enforceable requirements 
on States, nor would they preempt them from adopting their own more 
stringent programs to control emissions. Thus, the requirements of 
section 6 of the Executive Order do not apply to these rule amendments.

C. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000) 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' are defined in the Executive Order to include 
regulations that have ``substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal government and 
the Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes.''
    The rule amendments do not have tribal implications. They 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. No 
tribal governments are known to own or operate phosphoric acid 
manufacturing facilities or phosphate fertilizers production 
facilities. Thus, Executive Order 13175 does not apply to the rule 
amendments.

D. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the EPA must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by EPA.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. These rule amendments are 
not subject to Executive Order 13045 because they are based on 
technology performance, not health or safety risks. Furthermore, the 
rule amendments have been determined

[[Page 65075]]

not to be ``economically significant'' as defined under Executive Order 
12866.

E. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy, Supply, Distribution, or Use

    The direct final rule amendments are not subject to Executive Order 
13211 (66 FR 28355, May 22, 2001) because they are not significant 
regulatory actions under Executive Order 12866.

F. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any 1 year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires EPA to identify and consider a reasonable number of regulatory 
alternatives and adopt the least-costly, most cost-effective, or least 
burdensome alternative that achieves the objectives of the rule. The 
provisions of section 205 do not apply when they are inconsistent with 
applicable law. Moreover, section 205 allows EPA to adopt an 
alternative other than the least-costly, most cost-effective, or least-
burdensome alternative if the Administrator publishes with the final 
rule an explanation why that alternative was not adopted. Before EPA 
establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including tribal governments, it 
must have developed, under section 203 of the UMRA, a small government 
agency plan. The plan must provide for notifying potentially affected 
small governments, enabling officials of affected small governments to 
have meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    Because today's amendments do not add new requirements or costs, 
the EPA has determined that the rule amendments do 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 1 year. Thus, the amendments are not subject to 
the requirements of sections 202 and 205 of the UMRA. In addition, the 
EPA has determined that the rule amendments contain no regulatory 
requirements that might significantly or uniquely affect small 
governments because they contain no regulatory requirements that apply 
to such governments or impose obligations upon them. Therefore, today's 
rule amendments are not subject to the requirements of section 203 of 
the UMRA.

G. Regulatory Flexibility Act, 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 direct final 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 today's rule amendments impose no additional regulatory 
requirements on owners or operators of phosphoric acid manufacturing 
plants or phosphate fertilizers production plants, the EPA has 
concluded that this action will not have a significant economic impact 
on a substantial number of small entities.

H. Paperwork Reduction Act

    The OMB has approved the information collection requirements 
contained in the phosphoric acid manufacturing and phosphate 
fertilizers production NESHAP under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB Control No. 
2060-0361. An Information Collection Request (ICR) document has been 
prepared by EPA, and a copy may be obtained from Sandy Farmer by mail 
at U.S. EPA, Office of Environmental Information, Collection Strategies 
Division (2822), 1200 Pennsylvania Avenue, NW, Washington DC 20460, by 
e-mail at <a href="/cdn-cgi/l/email-protection#503631223d35227e23313e3429103520317e373f26"><span class="__cf_email__" data-cfemail="cea8afbca3abbce0bdafa0aab78eabbeafe0a9a1b8">[email protected]</span></a>, or by calling (202) 260-2740.
    The amendments contained in this direct final rule will have no net 
impact on the information collection burden estimates made previously. 
Consequently, the ICR has not been revised.

I. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995, Public Law 104-113 (March 7, 1996), directs all 
Federal agencies to use voluntary consensus standards instead of 
government-unique standards in their regulatory activities unless to do 
so would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., material 
specifications, test methods, sampling procedures, business practices) 
developed or adopted by one or more voluntary consensus bodies. The 
NTTAA directs EPA to provide Congress, through annual reports to OMB, 
with explanations when EPA does not use available and applicable 
voluntary consensus standards.
    This action does not involve the use of any new technical 
standards. Accordingly, the NTTAA requirement to use applicable 
voluntary consensus standards does not apply to this direct final rule.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as NESHAP for 
Phosphoric Acid Manufacturing Phosphate Fertilizers Production 22 added 
by the SBREFA of 1996, generally provides that before a rule may take 
effect, the agency adopting 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 this direct final rule and other required information to the 
United States Senate, the United States House of Representatives, and 
the Comptroller General of the United States prior to publication of 
this direct final rule in the Federal Register. A major rule

[[Page 65076]]

cannot take effect until 60 days after it is published in the Federal 
Register. This direct final rule is not a ``major rule'' as defined by 
5 U.S.C. 804(2).

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.

    For the reasons set out in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

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

Subpart AA--[Amended]

    2. Section 63.600 is amended by revising paragraph (a) and by 
adding new paragraph (e) to read as follows:


Sec. 63.600  Applicability.

    (a) Except as provided in paragraphs (c), (d), and (e) of this 
section, the requirements of this subpart apply to the owner or 
operator of each phosphoric acid manufacturing plant.
* * * * *
    (e) The emission limitations and operating parameter requirements 
of this subpart do not apply during periods of startup, shutdown, or 
malfunction, as those terms are defined in Sec. 63.2, provided that the 
source is operated in accordance with Sec. 63.6(e)(1)(i) and the 
Startup, Shutdown, and Malfunction Plan submitted pursuant to 
Sec. 63.6(e)(3).

    3. Section 63.602 is amended by revising paragraph (d) to read as 
follows:


Sec. 63.602  Standards for existing sources.

* * * * *
    (d) Phosphate rock calciner. On or after the date on which the 
performance test required to be conducted by Secs. 63.7 and 63.606 is 
required to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected source any gases which contain particulate 
matter in excess of 0.1810 gram per dry standard cubic meter (g/dscm) 
(0.080 grains per dry standard cubic foot (gr/dscf)).
* * * * *
    4. Section 63.603 is amended by revising paragraph (c) to read as 
follows:


Sec. 63.603  Standards for new sources.

* * * * *
    (c) Phosphate rock dryer. On or after the date on which the 
performance test required to be conducted by Secs. 63.7 and 63.606 is 
required to be completed, no owner or operator subject to the 
provisions of this subpart shall cause to be discharged into the 
atmosphere from any affected source any gases which contain particulate 
matter in excess of 0.030 kilogram/megagram of phosphate rock feed 
(0.060 lb/ton).
* * * * *

    5. Section 63.605 is amended by:
    a. Redesignating paragraph (a) as paragraph (a)(1) and revising 
newly designated paragraph (a)(1);
    b. Adding new paragraph (a)(2);
    c. Revising paragraph (b)(2); and
    d. Revising paragraphs(d)(1) and (2).
    The revisions and additions read as follows:


Sec. 63.605  Monitoring requirements.

    (a)(1) Each owner or operator of a new or existing wet-process 
phosphoric acid process line or superphosphoric acid process line 
subject to the provisions of this subpart shall install, calibrate, 
maintain, and operate a monitoring system which can be used to 
determine and permanently record the mass flow of phosphorus-bearing 
feed material to the process. The monitoring system shall have an 
accuracy of <plus-minus>5 percent over its operating range.
    (2) Each owner or operator of a new or existing phosphate rock 
dryer or phosphate rock calciner subject to the provisions of this 
subpart shall install, calibrate, maintain, and operate a monitoring 
system which can be used to determine and permanently record either the 
mass flow of phosphorus-bearing feed material to the dryer or calciner, 
or the mass flow of product from the dryer or calciner. The monitoring 
system shall have an accuracy of <plus-minus>5 percent over its 
operating range. Since the emissions limits under Secs. 63.602(c) and 
63.603(c) for the phosphate rock dryer are in the format of kilogram/
megagram (lb/ton) of phosphate rock feed, during performance testing 
required in Sec. 63.606, the owner or operator that chooses to operate 
a monitoring system to determine and permanently record the mass flow 
of product from the dryer must either simultaneously monitor the dryer 
feed rate and dryer output rate, or monitor the dryer output rate and 
the dryer input and output moisture contents and calculate the 
corresponding dryer input rate.
    (b)(1) * * *
    (2) Each owner or operator of a new or existing phosphate rock 
calciner or phosphate rock dryer subject to the provisions of this 
subpart shall maintain a daily record of the following:
    (i) For owners and operators that monitor the mass flow of 
phosphorus-bearing feed material to the dryer or calciner, a daily 
record of phosphate rock feed by determining the total mass rate in 
metric ton/hour of phosphorus-bearing feed using a monitoring system 
for measuring mass flowrate which meets the requirements of paragraph 
(a)(2) of this section.
    (ii) For owners and operators that monitor the mass flow of product 
from the dryer or calciner, a daily record of product by determining 
the total mass rate in metric ton/hour of product using a monitoring 
system for measuring mass flowrate which meets the requirements of 
paragraph (a)(2) of this section.
* * * * *
    (d) * * *
    (1) The allowable range for the daily averages of the pressure drop 
across each scrubber and of the flow rate of the scrubbing liquid to 
each scrubber in the process scrubbing system is <plus-minus>20 percent 
of the baseline average value determined as a requirement of 
Sec. 63.606(c)(4), (d)(4), or (e)(2). The Administrator retains the 
right to reduce the <plus-minus>20 percent adjustment to the baseline 
average values of operating ranges in those instances where performance 
test results indicate that a source's level of emissions is near the 
value of an applicable emissions standard, but, in no instance shall 
the adjustment be reduced to less than <plus-minus>10 percent. The 
owner or operator must notify the Administrator of the baseline average 
value and must notify the Administrator each time that the baseline 
value is changed as a result of the most recent performance test. When 
a source using the methodology of this paragraph is retested, the owner 
or operator shall determine whether new allowable ranges of baseline 
average values will be based upon the new performance test or (if the 
new performance test results are within the previously established 
range) whether there will be no change in the operating parameters 
derived from previous tests. When a source using the methodology of 
this paragraph is retested and the performance test results are 
submitted to the Administrator pursuant to Secs. 63.607(c)(1), 
63.7(g)(1), and/or 63.10(d)(2), the owner or operator will indicate 
whether the operating range will be based on the new performance test 
or the previously established range. If the Administrator has not 
denied approval of the new operating ranges within 30 days of 
submission of the

[[Page 65077]]

performance test results, the new ranges shall be deemed approved and 
the new baseline value shall then be effective on the 31st day 
following submission.
    (2) The owner or operator of any new or existing affected source 
shall establish, and provide to the Administrator for approval, 
allowable ranges for the daily averages of the pressure drop across and 
of the flow rate of the scrubbing liquid to each scrubber in the 
process scrubbing system for the purpose of assuring compliance with 
this subpart. Allowable ranges may be based upon baseline average 
values recorded during previous performance tests using the test 
methods required in Sec. 63.606(c)(4), (d)(4), or (e)(2). As an 
alternative, the owner or operator can establish the allowable ranges 
using the results of performance tests conducted specifically for the 
purposes of this paragraph using the test methods required in this 
subpart and established in the manner required in Sec. 63.606(c)(4), 
(d)(4), or (e)(2). The source shall certify that the control devices 
and processes have not been modified subsequent to the testing upon 
which the data used to establish the allowable ranges were obtained. 
The allowable ranges developed pursuant to the provisions of this 
paragraph must be submitted to the Administrator for approval. The 
owner or operator must request and obtain approval of the Administrator 
for changes to the allowable ranges. When a source using the 
methodology of this paragraph is retested, the owner or operator shall 
determine new allowable ranges of baseline average values unless the 
retest indicates no change in the operating parameters outside the 
previously established ranges. If the Administrator has not denied 
approval of the new operating ranges within 30 days of submission of 
the performance test results, the new ranges shall be deemed approved 
and the new baseline value shall then be effective on the 31st day 
following submission.
* * * * *

    6. Appendix A to subpart AA is amended by revising the entries 
``63.6(e)(1) and (2),'' ``63.6(e)(3),'' and ``63.6(f)'' to read as 
follows:

                   Appendix A to Subpart AA of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart AA
--------------------------------------------------------------------------------------------------------------------------------------------------------
         40 CFR citation                                       Requirement                                  Applies to subpart AA          Comment
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
63.6(e)(1) and (2)..............  Operation & Maintenance Requirements.................................  Yes.......................
63.6(e)(3)......................  Startup, Shutdown, and Malfunction Plan..............................  Yes.......................
63.6(f).........................  Compliance with Emission Standards...................................  Yes.......................
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

Subpart BB--[Amended]

    7. Section 63.620 is amended by revising paragraph (a) and by 
adding new paragraph (e) to read as follows:


Sec. 63.620  Applicability.

    (a) Except as provided in paragraphs (c), (d), and (e) of this 
section, the requirements of this subpart apply to the owner or 
operator of each phosphate fertilizers production plant.
* * * * *
    (e) The emission limitations and operating parameter requirements 
of this subpart do not apply during periods of startup, shutdown, or 
malfunction, as those terms are defined in Sec. 63.2, provided that the 
source is operated in accordance with Sec. 63.6(e)(1)(i) and the 
Startup, Shutdown, and Malfunction Plan submitted pursuant to 
Sec. 63.6(e)(3).

    8. Section 63.625 is amended by revising paragraphs (f)(1) and (2) 
to read as follows:


Sec. 63.625  Monitoring requirements.

* * * * *
    (f) * * *
    (1) The allowable range for the daily averages of the pressure drop 
across each scrubber and of the flow rate of the scrubbing liquid to 
each scrubber in the process scrubbing system is <plus-minus>20 percent 
of the baseline average value determined as a requirement of 
Sec. 63.626(c)(4) or (d)(4). The Administrator retains the right to 
reduce the <plus-minus>20 percent adjustment to the baseline average 
values of operating ranges in those instances where performance test 
results indicate that a source's level of emissions is near the value 
of an applicable emissions standard, but in no instance shall the 
adjustment be reduced to less than <plus-minus>10 percent. The owner or 
operator must notify the Administrator of the baseline average value 
and must notify the Administrator each time that the baseline value is 
changed as a result of the most recent performance test. When a source 
using the methodology of this paragraph is retested, the owner or 
operator shall determine whether new allowable ranges of baseline 
average values will be based upon the new performance test or (if the 
new performance test results are within the previously established 
range) whether there will be no change in the operating parameters 
derived from previous tests. When a source using the methodology of 
this paragraph is retested and the performance test results are 
submitted to the Administrator pursuant to Secs. 63.627(c)(1), 
63.7(g)(1), and/or 63.10(d)(2), the owner or operator will indicate 
whether the operating range will be based on the new performance test 
or the previously established range. If the Administrator has not 
denied approval of the new operating ranges within 30 days of 
submission of the performance test results, the new ranges shall be 
deemed approved and the new baseline value shall then be effective on 
the 31st day following submission.
    (2) The owner or operator of any new or existing affected source 
shall establish, and provide to the Administrator for approval, 
allowable ranges for the daily averages of the pressure drop across and 
of the flow rate of the scrubbing liquid to each scrubber in the 
process scrubbing system for the purpose of assuring compliance with 
this subpart. Allowable ranges may be based upon baseline average 
values recorded during previous performance tests using the test 
methods required in Sec. 63.626(c)(4) or (d)(4). As an alternative, the 
owner or operator can establish the allowable ranges using the results 
of performance tests conducted specifically for the purposes of this 
paragraph using the test methods required in this subpart and 
established in the manner required in Sec. 63.626(c)(4) or (d)(4). The 
source shall certify that the control devices and processes have not 
been modified subsequent to the testing upon which the data used to

[[Page 65078]]

establish the allowable ranges were obtained. The allowable ranges 
developed pursuant to the provisions of this paragraph must be 
submitted to the Administrator for approval. The owner or operator must 
request and obtain approval of the Administrator for changes to the 
allowable ranges. When a source using the methodology of this paragraph 
is retested, the owner or operator shall determine new allowable ranges 
of baseline average values unless the retest indicates no change in the 
operating parameters outside the previously established ranges. If the 
Administrator has not denied approval of the new operating ranges 
within 30 days of submission of the performance test results, the new 
ranges shall be deemed approved and the new baseline value shall then 
be effective on the 31st day following submission.

    9. Appendix A to subpart BB is amended by revising the entries 
``63.6(e)(1) and (2),'' ``63.6(e)(3),'' and ``63.6(f)'' to read as 
follows:

                   Appendix A to Subpart BB of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart BB
--------------------------------------------------------------------------------------------------------------------------------------------------------
         40 CFR citation                                       Requirement                                  Applies to subpart BB          Comment
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
63.6(e)(1) and (2)..............  Operation & Maintenance Requirements.................................  Yes.......................
63.6(e)(3)......................  Startup, Shutdown, and Malfunction Plan..............................  Yes.......................
63.6(f).........................  Compliance with Emission Standards...................................  Yes.......................
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 01-31009 Filed 12-14-01; 8:45 am]
BILLING CODE 6560-50-P


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