Federal Register / Vol. 66, No. 242 / Monday, December 17, 2001 / Proposed Rules 65079

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.

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:

medley.tanya@epa.gov.

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-and-rdocket@epa.gov. 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

65080 Federal Register / Vol. 66, No. 242 / Monday, December 17, 2001 / Proposed Rules

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]

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