[Federal Register Volume 62, Number 72 (Tuesday, April 15, 1997)]
[Rules and Regulations]
[Pages 18277-18280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9583]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[FRL-5811-1]
RIN 2060-AH16
Revision of New Source Performance Standards for the Phosphate
Fertilizer Industry: Granular Triple Superphosphate Storage Facilities
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: On August 6, 1975 the Environmental Protection Agency (Agency)
promulgated new source performance standards (NSPS) to limit emissions
of total fluoride compounds from several affected facilities in the
phosphate fertilizers industry. Amongst the affected facilities covered
by the NSPS were triple superphosphate plants and granular triple
superphosphate (GTSP) storage facilities. The NSPS for GTSP fertilizer
storage facilities in 40 CFR Part 60, Subpart X were promulgated for
the purpose of limiting total fluoride emissions resulting from the
continuation during storage of the chemical reactions through which
GTSP is manufactured. After an initial curing period, the GTSP
fertilizers cease to emit appreciable quantities of fluorides. As now
written, the NSPS cover all GTSP storage facilities and there is no
provision to exempt facilities storing only cured fertilizers.
Today's action clarifies the coverage of the NSPS to limit its
applicability to those facilities which store fresh GTSP. As a result
of today's action, the NSPS will include a work practice through which
manufacturers will hold fresh GTSP in storage until it has cured prior
to shipment to their customers. This limits the testing and
recordkeeping requirements of Subpart X to only those facilities
associated with the manufacture of GTSP and, thereby, removes any
recordkeeping burden currently imposed upon downstream distributors and
users of this product.
DATES: This rule is effective June 16, 1997 unless notice is received
by May 15, 1997 that adverse or critical comments will be submitted, or
that an opportunity to submit such comments at a public hearing is
requested. If adverse comments are received, the effective date will be
delayed and timely notice will be published in the Federal Register.
ADDRESSES: Interested parties may submit written comments (in duplicate
if possible) to Public Docket No. A-97-4 at the following address: U.S.
Environmental Protection Agency, Air and Radiation Docket and
Information Center (6102), 401 M Street, SW., Washington, D.C. 20460.
The Agency requests that a separate copy also be sent to the contact
person listed below. The docket is located at the above address in Room
M-1500, Waterside Mall (ground floor), and may be inspected from 8 a.m.
to 4 p.m., Monday through Friday. The docket is an organized and
complete file of all the information submitted to or otherwise
considered by the Agency in the development of this rulemaking. For
[[Page 18278]]
additional information on the availability of electronic information,
see Supplementary Information.
FOR FURTHER INFORMATION CONTACT: For information concerning specific
aspects of this action, contact Mr. David Painter (telephone number
(919) 541-5515), Minerals and Inorganic Chemicals Group, Emission
Standards Division (MD-13), U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION:
Regulated Entities
Today's action amends Subpart X by limiting its applicability to
those facilities which store fresh GTSP. The practical effect of the
revision is to apply the provisions of the NSPS to those storage
facilities which are co-located with GTSP production facilities. This
is accomplished by a work practice through which manufacturers will
hold fresh GTSP in storage until it has cured prior to shipment to
their customers. In effect, this action excludes from coverage those
facilities which store and distribute cured GTSP.
Electronic Information
An electronic copy of this document is available on the Technology
Transfer Network (TTN), one of Agency's electronic bulletin boards. The
TTN provides information and technology exchange in various areas of
air pollution control. The service is free, except for the cost of a
phone call. Dial (919) 541-5742 for up to a 14,400 bps modem. If more
information on the TTN is needed, call the TTN HELP line at (919) 541-
5384.
The information in this document is organized as shown below.
I. Statutory Authority
II. Background
III. Selection of Revised Standards
IV. Impacts of Revised Standards
A. Applicability
B. Air Quality Impacts
C. Nonair Environmental and Energy Impacts
D. Cost and Economic Impacts
V. Administrative Requirements
A. Public Participation and Effective Date
B. Executive Order 12866
C. Unfunded Mandates Reform Act
D. Regulatory Flexibility
E. Submission to Congress and the General Accounting Office
F. Paperwork Reduction Act
I. Statutory Authority
The statutory authority for this action is provided by sections
101, 111, 114, 116, and 301 of the Clean Air Act, as amended (42 U.S.C.
7401, 7411, 7414, 7416, and 7601).
II. Background
On August 6, 1975 (40 FR 33152), the Agency promulgated NSPS to
limit emissions of total fluoride compounds from several affected
facilities in the phosphate fertilizers industry including GTSP storage
facilities. The main concern which prompted that inclusion was the
continued off-gassing of fluorides from fresh GTSP during storage
subsequent to the initial reactions associated with the manufacture of
GTSP. For the purposes of the NSPS, fresh GTSP was defined as that
produced within the past ten days. Recently, representatives of the
Missouri Farmers Association (MFA) have advised the Agency that a
literal interpretation of the NSPS could lead to application of the
NSPS to its distribution facilities which store only cured GTSP and
which are located far from the point of manufacture. The MFA posited
that application of the NSPS in this instance would provide no
appreciable benefit to the environment while imposing unproductive
paperwork. To support their position, the MFA provided the Agency test
data which indicated that one of their warehouses, which is typical of
distribution facilities, emits less than one pound per year of total
fluorides.
As a part of the Agency's consideration of the concerns raised by
the MFA, it obtained data from two companies that manufacture and store
GTSP. Those data were developed using methods which differed from those
employed by the MFA and gave the same results. That is, emissions of
fluorides were associated with storage of fresh GTSP and those
emissions were inconsequential after three days. The Agency concluded
that cured GTSP stored by facilities such as those of the MFA does not
emit appreciable quantities of fluorides and that no practical benefit
could be derived by applying Subpart X to distribution facilities which
store cured GTSP. Consequently, today's action limits the applicability
of Subpart X to only those facilities which store fresh GTSP.
III. Selection of Revised Standards
The purpose of establishing the existing NSPS was to control
emissions of total fluoride originating from storage buildings
containing fresh GTSP. The total fluoride emissions result from
continuation of the chemical reactions employed in the manufacture of
GTSP. These reactions cause the formation and release of a variety of
fluoride compounds. The reactions continue for a period of time after
newly manufactured GTSP is placed into storage and are referred to as
``curing'' of the fertilizer. Thus, the need for controlling emissions
during storage coincides with the curing period.
When the NSPS were developed, conventional wisdom was that curing
of fresh GTSP occurred over a period of three to five days. Test data
which was then available was for buildings storing GTSP that was ten
days old. The test data became the technical basis for the current
standard which defines fresh GTSP as that which is produced no more
than ten days prior to a performance test.
In recent discussions with interested parties, the Agency found
consensus that the language of the NSPS should be amended to
specifically limit their applicability to those facilities storing
fresh GTSP. The most direct approach to resolving the issue raised by
MFA is to include in the NSPS a work practice that eliminates the
shipment of fresh GTSP from the manufacturer. This approach clearly
ensures that downstream customers such as MFA will not be storing fresh
GTSP.
When the Agency first discussed this approach with the
manufacturers of GTSP, they raised concerns about storing fertilizer
longer than needed because of the definition of fresh fertilizer in the
current rule. They provided the Agency with data which directly relate
the age of GTSP to its potential for emissions of total fluorides.
After discussing the new data with State agency and industry technical
staffs, the Agency concluded that curing reactions causing significant
air emissions are complete within three days of the completion of the
manufacturing process. Thus, today's action changes the definition of
fresh GTSP such that GTSP is defined as fresh for three, instead of
ten, days after production. In keeping with this updated definition,
today's action also changes the amount of fresh GTSP that will satisfy
the performance testing requirement from 20 to six percent of the
amount of GTSP in storage. This change is proportional to the change in
the number of days during which GTSP is defined as fresh. The
manufacturers have indicated that they find the approach of holding
GTSP in storage until it is cured to be an acceptable resolution to the
problem raised by the MFA. That is, this approach clearly limits
coverage of the standards to only the time period when emissions are
actually occurring and relieves their customers, such as MFA, from the
paperwork burden associated with the NSPS as now implemented.
[[Page 18279]]
IV. Impacts of Revised Standards
A. Applicability
Today's action will limit the applicability of Subpart X to only
those facilities that store fresh GTSP. The intent of today's action is
to remove from the coverage of the NSPS those facilities storing cured
GTSP.
B. Air Quality Impacts
Today's action will have no impact upon air quality in relation to
that which was estimated for the NSPS when they were first promulgated.
The original impact estimates of the NSPS were based upon the
assumption that only those GTSP storage buildings located at production
facilities would be subject to the standards. Further, today's action
will have no measureable impact upon actual air quality.
C. Nonair Environmental and Energy Impacts
There will be no nonair environmental and energy impacts.
D. Cost and Economic Impacts
There will be a cost savings resulting from removal of
recordkeeping and reporting burdens associated with the NSPS as now
implemented. The Agency has no information available upon which to base
an estimate of the savings that will result.
V. Administrative Requirements
A. Public Participation and Effective Date
The Agency is publishing this action as a direct final rule because
it views it as non-controversial and anticipates no adverse comments.
However, in a separate document in this issue of the Federal Register,
the Agency is proposing to revise the NSPS should adverse or critical
comments be filed. Thus, today's direct final action will be effective
June 16, 1997 unless the Agency receives notice by May 15, 1997 that
adverse or critical comments will be submitted or that a party requests
the opportunity to submit such oral comments pursuant to section
307(d)(5) of the Clean Air Act, as amended.
If the Agency receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The Agency will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective June 16, 1997.
B. Executive Order 12866
Under Executive Order 12866 [58 FR 51735 (October 4, 1993)], the
Agency 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 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 obligation 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, the Agency has
determined that this rule is not ``significant'' because none of the
listed criteria apply to this action. Consequently, this action was not
submitted to OMB for review under Executive Order 12866.
C. Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act''), signed into law on March 22, 1995 (109 Stat. 48),
requires that the Agency prepare a budgetary impact statement before
promulgating a rule that includes a Federal mandate that may result in
expenditure by State, local, and tribal governments, in aggregate, or
by the private sector, of $100 million or more in any one year. Section
203 requires the Agency to establish a plan for obtaining input from
and informing, educating, and advising any small governments that may
be significantly or uniquely affected by the rule.
Under section 205 of the Unfunded Mandates Act, the Agency must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The Agency must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative for State,
local, and tribal governments and the private sector that achieves the
objectives of the rule, unless the Agency explains why this alternative
is not selected or unless the selection of this alternative is
inconsistent with law.
Because this rule is estimated to result in the expenditure by
State, local, and tribal governments or the private sector of less than
$100 million in any one year, the Agency has not prepared a budgetary
impact statement or specifically addressed the selection of the least
costly, most cost-effective, or least burdensome alternative. Because
small governments will not be significantly or uniquely affected by
this rule, the Agency is not required to develop a plan with regard to
small governments. Therefore, the requirements of the Unfunded Mandates
Act do not apply to this action.
D. Regulatory Flexibility
The Agency has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with this final rule. EPA
has also determined that this rule will not have a significant economic
impact on a substantial number of small entities. This determination
has been made because the effect of today's action is to clarify the
NSPS to ensure that there are no impacts upon small entities.
E. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
F. Paperwork Reduction Act
This regulation does not impose any new information collection
requirements and results in no change to the currently approved
collection. The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this rule under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0037 (EPA ICR # 1061.06). Burden
means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions;
[[Page 18280]]
develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information,
processing and maintaining information, and disclosing and providing
information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train personnel to be able to
respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise
disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15. Send
comments on the Agency's need for this information, the accuracy of the
provided burden estimates, and any suggested methods for minimizing
respondent burden, including through the use of automated collection
techniques to the Director, OPPE Regulatory Information Division; U.S.
Environmental Protection Agency (2137); 401 M St., S.W.; Washington, DC
20460; and to the Office of Information and Regulatory Affairs, Office
of Management and Budget, 725 17th St., N.W., Washington, DC 20503,
marked ``Attention: Desk Officer for EPA.'' Include the ICR number in
any correspondence.
List of Subjects in 40 CFR Part 60
Environmental protection, Air pollution control, Intergovernmental
relations, Phosphate fertilizers production, Reporting and
recordkeeping requirements.
Dated: April 8, 1997.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, 40 CFR Part 60 is
amended as follows:
PART 60--[AMENDED]
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7601 and 7602.
Subpart X--[Amended]
2. In Sec. 60.241, paragraphs (a) and (d) are revised to read as
follows:
Sec. 60.241 Definitions.
* * * * *
(a) Granular triple superphosphate storage facility means any
facility curing or storing fresh granular triple superphosphate.
* * * * *
(d) Fresh granular triple superphosphate means granular triple
superphosphate produced within the preceding 72 hours.
3. In Sec. 60.242, paragraph (b) is added to read as follows:
Sec. 60.242 Standard for fluorides.
* * * * *
(b) No owner or operator subject to the provisions of this subpart
shall ship fresh granular triple superphosphate from an affected
facility.
4. In Sec. 60.243, paragraphs (b) and (c) are revised and paragraph
(d) is added to read as follows:
Sec. 60.243 Monitoring of operations.
* * * * *
(b) The owner or operator of any granular triple superphosphate
storage facility subject to the provisions of this subpart shall
maintain a daily record of total equivalent
P2O5 stored by multiplying the percentage
P2O5 content, as determined by Sec. 60.244(c)(3),
times the total mass of granular triple superphosphate stored.
(c) The owner or operator of any granular triple superphosphate
storage facility subject to the provisions of this subpart shall
install, calibrate, maintain, and operate a monitoring device which
continuously measures and permanently records the total pressure drop
across any process scrubbing system. The monitoring device shall have
an accuracy of 5 percent over its operating range.
(d) The owner or operator of any granular triple superphosphate
storage facility subject to the provisions of this subpart shall
develop for approval by the Administrator a site-specific methodology
including sufficient recordkeeping for the purposes of demonstrating
compliance with Sec. 60.242 (b).
5. In Sec. 60.244, paragraph (a)(2) is revised to read as follows:
Sec. 60.244 Test methods and procedures.
(a) * * *
(2) Fresh granular triple superphosphate is at least six percent of
the total amount of triple superphosphate, or
* * * * *
[FR Doc. 97-9583 Filed 4-14-97; 8:45 am]
BILLING CODE 6560-50-P
