
[Federal Register: May 29, 2008 (Volume 73, Number 104)]
[Proposed Rules]               
[Page 30870-30873]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my08-35]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2007-0844, FRL-8572-2]
RIN 2060-AO39

 
Method 207--Pre-Survey Procedure for Corn Wet-Milling Facility 
Emission Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is proposing to add Method 207 to the test methods in 
Appendix M of 40 CFR Part 51. Appendix M contains recommended test 
methods that are provided for the States to use in their State 
Implementation Plans. Therefore, this method may be used as an 
alternative to existing test methods for measuring volatile organic 
compound (VOC) emissions. This pre-survey method was developed by the 
corn wet-milling (CWM) industry specifically to measure VOC mass 
emissions from processes within the CWM industry. It provides a 
systematic approach to develop a specific list of target organic 
compounds and the appropriate methods to measure those target compounds 
during subsequent VOC emissions testing. After using the pre-survey 
procedure, the tester will have sufficient information to design a 
comprehensive testing program using Method 18 and other appropriate 
methods to measure the mass of VOC emissions during the actual 
emissions testing. This method is an alternative to existing test 
methods and does not add any new reporting requirements to the 
reporting requirements that already exist. While it is an alternative 
method, it is the recommended method for measuring VOC mass emissions 
from CWM facilities. In the ``Rules and Regulations'' section of this 
Federal Register, we are adding Method 207 to the test methods in 
Appendix M of 40 CFR Part 51 as a direct final rule without a prior 
proposed rule. If we receive no adverse comment, we will not take 
further action on this proposed rule.

DATES: Written comments must be received by June 30, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OAR-2007-0844, by mail to: U.S. Environmental Protection Agency, Mail 
code: 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. 
Please include a total of two copies. Comments may also be submitted 
electronically or through hand delivery/

[[Page 30871]]

courier by following the detailed instructions in the ADDRESSES section 
of the direct final rule located in the rules section of this Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Mr. Gary McAlister, U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, Air 
Quality Assessment Division, Measurements Technology Group (E143-02), 
Research Triangle Park, North Carolina 27711; telephone number: (919) 
541-1062; fax number: (919) 541-0516; e-mail address: 
mcalister.gary@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to add Method 207 to the test methods in 
Appendix M of 40 CFR Part 51. We have published a direct final rule 
adding Method 207 to the test methods in Appendix M of 40 CFR Part 51 
in the ``Rules and Regulations'' section of this Federal Register 
because we view this as a noncontroversial action and anticipate no 
adverse comment. We have explained our reasons for this action in the 
preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule, and it will not take effect. We would address 
all public comments in any subsequent final rule based on this proposed 
rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. Does This Action Apply to Me?

    Method 207 affects/applies to the CWM industry and is used 
specifically to measure VOC mass emissions from processes within the 
CWM industry. Therefore, the categories and entities potentially 
regulated by this action include the following:

------------------------------------------------------------------------
                                                   Examples of regulated
           Category                 NAICS \a\             entities
------------------------------------------------------------------------
Industry......................  311221...........  Corn wet-milling.
State/local/tribal government.  924110...........  State, local, and
                                                    tribal air quality
                                                    management groups
                                                    that regulate corn
                                                    wet-milling.
------------------------------------------------------------------------
\a\ North American Industry Classification System.

III. Statutory and Executive Reviews

A. Executive Order 12866--Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is, therefore, not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). It adds a test method to the 
recommended methods in Appendix M of 40 CFR Part 51. This method is an 
alternative to existing test methods and does not add any new reporting 
requirements to the reporting requirements that already exist.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (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 rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (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 
not-for-profit enterprise which is independently owned and operated and 
is not dominant in its field.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on a substantial number of small 
entities, since the primary purpose of the regulatory flexibility 
analyses is to identify and address regulatory alternatives ``which 
minimize any significant economic impact of the rule on small 
entities.'' 5 U.S.C. 603 and 604. Thus, an agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, or 
otherwise has a positive economic effect on all of the small entities 
subject to the rule. This action establishes voluntary alternative test 
procedures for satisfying the requirements of EPA Method 18, Section 16 
(pre-survey), which are used to determine the mass VOC emissions from 
processes within the corn wet-milling industry, by specifying the 
analytes for subsequent EPA Method 18 testing. This rule does not 
impose any new requirements or create impacts on small entities. 
Therefore, this action is not expected to have a significant economic 
impact on a substantial number of small entities. We continue to be 
interested in the potential impacts of the proposed rule on small 
entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    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 cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires the EPA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, most cost-
effective, or least burdensome alternative that achieves the objectives 
of the rule. The provisions of section

[[Page 30872]]

205 do not apply when they are inconsistent with applicable law. 
Moreover, section 205 allows EPA to adopt an alternative other than the 
least costly, more cost-effective or least burdensome 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.
    This rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector. This rule imposes no enforceable 
duty on any State, local or tribal governments or the private sector. 
EPA has determined that this rule contains no regulatory requirements 
that might significantly or uniquely affect small governments. This 
action adds a new test method for measuring VOC air emissions to the 
recommended methods in 40 CFR Part 51. Because this method is an 
alternative method, its use is voluntary. It will not impose 
requirements on State, local, or tribal governments. Thus, this action 
is not subject to the requirements of sections 202 and 205 of the UMRA.

E. Executive Order 13132--Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires the 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.''
    This proposed rule does not have federalism implications. It 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. Because this method is an 
alternative method, its use is voluntary. It will not impose 
substantial direct compliance costs on State or local governments, nor 
will it preempt State law. Thus, Executive Order 13132 does not apply 
to this rule. In the spirit of Executive Order 13132, and consistent 
with EPA policy to promote communications between EPA and State and 
local governments, EPA specifically solicits comment on this proposed 
rule from State and local officials.

F. 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 9, 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.'' This proposed rule does not 
have tribal implications, as specified in Executive Order 13175. The 
proposed action would add a test method that could be used as an 
alternative to existing methods. It does not add any new requirements 
and does not affect VOC emissions or air quality. Thus, Executive Order 
13175 does not apply to this action.

G. Executive Order 13045--Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it does not 
establish an environmental standard intended to mitigate health or 
safety risks.

H. Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note), directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (for example, materials specifications, test 
methods, sampling procedures, and business practices) that are 
developed or adopted by voluntary consensus standards bodies. The NTTAA 
requires Federal agencies like EPA to provide Congress, through OMB, 
explanations when it decides not to use available and applicable 
voluntary consensus standards.
    The rulemaking involves technical standards. Therefore, the Agency 
conducted a search to identify potentially applicable voluntary 
consensus standards. However, we identified no such standards, and none 
were brought to our attention in comments. Therefore, EPA has decided 
to propose Method 207 to measure mass VOC emissions from processes 
within the corn wet-milling industry. This proposed method provides a 
systematic approach to develop a specific list of target organic 
compounds and the appropriate methods to measure those target compounds 
during subsequent VOC emissions testing.
    EPA welcomes comments on this aspect of the proposed rulemaking 
and, specifically, invites the public to identify potentially 
applicable voluntary consensus standards and to explain why such 
standards should be used in this regulation.

J. Executive Order 12898--Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse

[[Page 30873]]

human health or environmental effects on minority or low-income 
populations because it does not affect the level of protection provided 
to human health or the environment. This action proposes adding a new 
test method for measuring VOC air emissions to the recommended methods 
in 40 CFR part 51. It does not change any existing rules that limit VOC 
air emissions.

List of Subjects in 40 CFR Part 51

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Volatile organic 
compounds.

    Dated: May 21, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-11879 Filed 5-28-08; 8:45 am]

BILLING CODE 6560-50-P
