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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 63
RIN ID: RIN 2060-AK32
OAR ID: [OAR-2004-0006, FRL-7808-3]
NOTICE: PROPOSED RULES
ACTION: Air pollutants, hazardous; national emission standards:
DOCUMENT ACTION: Proposed rule; amendments.
SUBJECT CATEGORY: National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production
DATES: Written comments must be received on or before October 1, 2004, unless a hearing is requested by September 13, 2004. If a timely hearing request is submitted, we must receive written comments on or before October 18, 2004.
DOCUMENT SUMMARY: On April 12, 2001 (66 FR 19006), the EPA issued national emission standards for hazardous air pollutants (NESHAP) for solvent extraction for vegetable oil production under section 112(d) of the Clean Air Act (CAA). This action would amend the compliance requirements for vegetable oil production processes that exclusively use a qualifying lowHAP extraction solvent. The amendments are being made to require only the necessary recordkeeping and reporting requirements for facilities using the lowHAP extraction solvent compliance option.
In the Rules and Regulations section of this Federal Register, we are taking direct final action on the proposed amendments because we view the amendments as noncontroversial and anticipate no adverse comments. We have explained our reasons for the amendments in the direct final rule. If we receive no significant adverse comments, we will take no further action on the proposed amendments. If we receive significant adverse comments, we will withdraw only those provisions on which we received significant adverse comments. We will publish a timely withdrawal in the Federal Register indicating which provisions will become effective and which provisions are being withdrawn. If part or all of the direct final rule in the Rules and Regulations section of today's Federal Register is withdrawn, all comments pertaining to those provisions will be addressed in a subsequent final rule based on the proposed amendments. We will not institute a second comment period on the subsequent final action. Any parties interested in commenting must do so at this time.
SUMMARY: Vegetable oil production; solvent extraction,
SUPPLEMENTAL INFORMATION
Regulated Entities. If your facility produces vegetable oil from corn germ, cottonseed, flax, peanuts, rapeseed (for example, canola), safflower, soybeans, or sunflower, it may be a ``regulated entity.'' Categories and entities potentially regulated by this action include those listed in the following table: Examples of Category SIC code NAICS regulated entities Industry....................... 2074 311223 Cottonseed oil mills. 2075 311222 Soybean oil mills. 2076 311223 Other vegetable oil mills, excluding soybeans and cottonseed mills. 2079 311223 Other vegetable oil mills, excluding soybeans and cottonseed mills. 2048 311119 Prepared feeds and feed ingredients for animals and fowls, excluding dogs and cats. 2041 311211 Flour and other grain mill product mills. 2046 311221 Wet corn milling. Federal government............. ......... ......... Not affected. State/local/tribal government.. ......... ......... Not affected.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 in 40 CFR part 63, subpart GGGG. If you have any questions regarding the applicability of this action to a particular entity, consult the individual described in the preceding FOR FURTHER INFORMATION CONTACT section.
Submitting Comments Containing CBI. Do not submit this information to EPA through EDOCKET, regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. (For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI). In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.
Tips for Preparing Your Comments. When submitting comments, remember to:
Worldwide Web (WWW). In addition to being available in the docket, an electronic copy of this action will also be available through the http://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) 5415384.
Public Hearing. Persons interested in presenting oral testimony or inquiring as to whether a hearing is to be held should contact Ms. Willie Russell, Waste and Chemical Processes Group, Emissions Standards Division, (C43904), Research Triangle Park, NC 27711, telephone number (919) 5415034, at least 2 days in advance of the potential date of the public hearing. Persons interested in attending the public hearing must also call Ms. Russell 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 emissions standards.
Direct Final Rule. A direct final rule identical to the proposal is published in the Rules and Regulations section of today's Federal Register. If we receive any significant adverse comment pertaining to the amendments in the proposal, we will publish a timely notice in the Federal Register informing the public that the amendments are being withdrawn due to adverse comment. We will address all public comments concerning the withdrawn amendments in a subsequent final rule. If no relevant adverse comments are received, no further action will be taken on the proposal and the direct final rule will become effective as provided in that notice.
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The regulatory text for this proposal is identical to that for the direct final rule published in the Rules and Regulations section of today's Federal Register. For further supplementary information, see the direct final rule.
Statutory and Executive Order Reviews. The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et seq., 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 today's proposed rule amendments on small entities, a small entity is defined as: (1) A small business whose parent company has fewer than 750 employees; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; or (3) a small organization that is any notforprofit enterprise which is independently owned and operated and is not dominant in its field.
We believe there will be little or no impact on small entities because the purpose of today's proposed amendments is to simplify the rule by limiting the recordkeeping and reporting requirements for facilities utilizing a lowHAP extraction solvent exclusively in the vegetable oil production process. The Administrator certifies 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 located in the Rules and Regulations section of today's Federal Register.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: August 25, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 0419920 Filed 83104; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Mr. Greg Nizich, U.S. EPA, Waste and
Chemical Processes Group (C43903), Emission Standards Division, Office
of Air Quality Planning and Standards, Research Triangle Park, North
Carolina 27711, telephone number (919) 5413078, facsimile number (919)
5413207, electronic mail address: nizich.greg@epa.gov. Questions
regarding the applicability of this action to a particular entity should be directed to the appropriate EPA Regional Office
representative.
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