65072 Federal Register / Vol. 66, No. 242 / Monday, December 17, 2001 / Rules and Regulations

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.

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withdrawn and the comments addressed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:

medley.tanya@epa.gov.

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:

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

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

65074 Federal Register / Vol. 66, No. 242 / Monday, December 17, 2001 / Rules and Regulations

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 § 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

Federal Register / Vol. 66, No. 242 / Monday, December 17, 2001 / Rules and Regulations 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 costbenefit 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 costeffective, 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 leastcostly, most cost-effective, or leastburdensome 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

farmer.sandy@epa.gov, 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

65076 Federal Register / Vol. 66, No. 242 / Monday, December 17, 2001 / Rules and Regulations

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:

§ 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 § 63.2,

provided that the source is operated in

accordance with § 63.6(e)(1)(i) and the

Startup, Shutdown, and Malfunction

Plan submitted pursuant to § 63.6(e)(3).

3. Section 63.602 is amended by

revising paragraph (d) to read as

follows:

§ 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 §§ 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:

§ 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 §§ 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:

§ 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 ±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 phosphorusbearing 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 ±5 percent over its operating

range. Since the emissions limits under

§§ 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

§ 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 phosphorusbearing 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 phosphorusbearing 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 ±20 percent

of the baseline average value

determined as a requirement of

§ 63.606(c)(4), (d)(4), or (e)(2). The

Administrator retains the right to reduce

the ±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 ±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

§§ 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

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

§ 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 § 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:

§ 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 § 63.2,

provided that the source is operated in

accordance with § 63.6(e)(1)(i) and the

Startup, Shutdown, and Malfunction

Plan submitted pursuant to § 63.6(e)(3).

8. Section 63.625 is amended by

revising paragraphs (f)(1) and (2) to read

as follows:

§ 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 ±20 percent

of the baseline average value

determined as a requirement of

§ 63.626(c)(4) or (d)(4). The

Administrator retains the right to reduce

the ±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 ±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

§§ 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

§ 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 § 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

65078 Federal Register / Vol. 66, No. 242 / Monday, December 17, 2001 / Rules and Regulations

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