Revision of New Source Performance Standards for the Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities

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

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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.

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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;

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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]

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