Section 610 Reviews of Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements; NESHAP: Reinforced Plastic Composites Production; and NPDES Permit Regulation and Effluent Limitations Guidelines Standards for Concentrated Animal Feeding Operations (CAFOs)

Alexander Cristofaro
October 31, 2012

[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Proposed Rules]
[Pages 65840-65842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26794]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9, 63, 80, 85, 86, 122, 123, and 412

[EPA-HQ-OAR-2012-0313; EPA-HQ-OAR-2012-0816; EPA-HQ-OW-2012-0813; FRL-
9747-7]


Section 610 Reviews of Heavy-Duty Engine and Vehicle Standards 
and Highway Diesel Fuel Sulfur Control Requirements; NESHAP: Reinforced 
Plastic Composites Production; and NPDES Permit Regulation and Effluent 
Limitations Guidelines Standards for Concentrated Animal Feeding 
Operations (CAFOs)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for comments on three Regulatory Flexibility Act 
section 610 Reviews.

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SUMMARY: This notice announces that EPA will review three regulatory 
actions pursuant to section 610 of the Regulatory Flexibility Act. 
Those three actions are: Heavy-Duty Engine and Vehicle Standards and 
Highway Diesel Fuel Sulfur Control Requirements (Heavy-Duty 610 
Review); NESHAP: Reinforced Plastic Composites Production (Plastics 610 
Review); and NPDES Permit Regulation and Effluent Limitations 
Guidelines Standards for CAFOs (CAFO 610 Review). As part of this 
review, EPA will consider and solicit comments on the following 
factors: The continued need for the rules; the nature of complaints or 
comments received concerning the rules; the complexity of the rules; 
the extent to which the rules overlap, duplicate, or conflict with 
other Federal, State, or local government rules; and the degree to 
which the technology, economic conditions or other factors have changed 
in areas affected by the rules.

[[Page 65841]]


DATES: Comments must be received on or before December 31, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2012-0313 (for the Heavy-Duty 610 Review), Docket ID No. EPA-HQ-
OAR-2012-0816 (for the Plastics 610 Review), or Docket ID No. EPA-HQ-
OW-2012-0813 (for the CAFO 610 Review), by one of the following 
methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: rfa-sbrefa@epa.gov.
     Fax: (202) 566-9744.
     Mail: Docket ID No. EPA-HQ-OAR-2012-0313 (for the Heavy 
Duty 610 Review), Docket ID No. EPA-HQ-OAR-2012-0816 (for the Plastics 
610 Review), or Docket ID No. EPA-HQ-OW-2012-0813 (for the CAFO 610 
Review); Environmental Protection Agency, EPA Docket Center, Mail code 
28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
     Hand Delivery: Docket ID No. EPA-HQ-OAR-2012-0313 (for the 
Heavy Duty 610 Review), Docket ID No. EPA-HQ-OAR-2012-0816 (for the 
Plastics 610 Review), or Docket ID No. EPA-HQ-OW-2012-0813 (for the 
CAFO 610 Review); Environmental Protection Agency, EPA West Building, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC 20004. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2012-0313 (for the Heavy Duty 610 Review), Docket ID No. EPA-HQ-OAR-
2012-0816 (for the Plastics 610 Review), or Docket ID No. EPA-HQ-OW-
2012-0813 (for the CAFO 610 Review). The EPA's policy is that all 
comments received will be included in the public docket without change 
and may be made available online at www.regulations.gov, including any 
personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the EPA Docket Center--Public 
Reading Room, EPA West Building, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The general 
telephone number for the Public Reading Room is (202) 566-1744 and the 
telephone number for the Air and Radiation Docket is (202) 566-1742 and 
for the Water Docket is (202) 566-2426.

FOR FURTHER INFORMATION CONTACT: If you have questions concerning EPA's 
610 Review related to Heavy-Duty Engine and Vehicle Standards and 
Highway Diesel Fuel Sulfur Control Requirements, please contact Tad 
Wysor, Office of Transportation and Air Quality, Assessment and 
Standards Division, Environmental Protection Agency, 2000 Traverwood 
Drive, Ann Arbor, MI 48105; telephone number (734) 214-4332; fax number 
(734) 214-4816; email address: wysor.tad@epa.gov. If you have questions 
concerning EPA's 610 Review related to NESHAP: Reinforced Plastic 
Composites Production, please contact Kim Teal, Office of Air Quality 
Planning and Standards, Environmental Protection Agency, Mailcode D243-
04, Research Triangle Park, NC 27711; telephone number (919) 541-5580; 
fax number (919) 541-5450; email address: teal.kim@epa.gov. If you have 
questions concerning EPA's 610 Review related to NPDES Permit 
Regulation and Effluent Limitations Guidelines Standards for CAFOs, 
please contact Hema Subramanian, Office of Wastewater Management, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Mailcode 
4203M, Washington, DC 20460; telephone number: (202) 564-5041; fax 
number (202) 564-6384; email address: subramanian.hema@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

    Section 610 of the Regulatory Flexibility Act requires that an 
agency review, within 10 years of promulgation, each rule that has or 
will have a significant economic impact on a substantial number of 
small entities (SISNOSE). EPA undertakes section 610 reviews to decide 
whether the agency should continue a rule unchanged, amend it, or 
withdraw it. We encourage small entities to provide comments on the 
need to change these rules, and in particular, how the rules could be 
made clearer, more effective, or if there is need to remove conflicting 
or overlapping requirements with other Federal or State regulations.

II. Section 610 Review of Heavy-Duty Engine and Vehicle Standards and 
Highway Diesel Fuel Sulfur Control Requirements

    On January 18, 2001, EPA established new exhaust emission standards 
for heavy-duty highway engines and vehicles, and new quality standards 
for highway diesel fuel (66 FR 5002). As part of this program, new 
emission standards took effect in model year 2007, and applied to 
heavy-duty highway engines and vehicles. These standards are based on 
the use of high-efficiency catalytic exhaust emission control devices 
or comparably effective advanced technologies. Because these devices 
are damaged by sulfur, the rule also reduced the level of sulfur in 
highway diesel fuel significantly by mid-2006. The program provided 
substantial flexibility for refiners, especially small refiners, and 
for manufacturers of engines and vehicles. For example, the program 
allowed small refiners with simultaneous gasoline sulfur requirements 
to sequence their sulfur-reduction technology upgrades in the most 
advantageous way, and also provided general hardship provisions to 
allow case-by-case relief. While EPA took steps to evaluate and 
mitigate impacts on small entities as part of the promulgation of this 
rule, this notice announces that EPA will review the Heavy-Duty Engine 
and Vehicle Standards and Highway Diesel Fuel Sulfur Control 
Requirements rule pursuant to section 610 of the Regulatory Flexibility 
Act (5 U.S.C.

[[Page 65842]]

610). As part of this review, EPA will consider and solicit comments on 
the following factors: (1) The continued need for the rule; (2) the 
nature of complaints or comments received concerning the rule; (3) the 
complexity of the rule; (4) the extent to which the rule overlaps, 
duplicates, or conflicts with other Federal, State, or local government 
rules; and (5) the degree to which the technology, economic conditions 
or other factors have changed in the area affected by the rule. 
Comments must be received within 60 days of this notice. In submitting 
comments, please reference Docket ID EPA-HQ-OAR-2012-0313 and follow 
the instructions provided in the ADDRESSES section of this document. 
The results of EPA's review will be summarized in a report and placed 
in the rulemaking docket referenced above. This docket can be accessed 
at www.regulations.gov.

III. Section 610 Review of National Emissions Standards for Hazardous 
Air Pollutants (NESHAP): Reinforced Plastic Composites Production

    The EPA promulgated NESHAP for reinforced plastic composites 
production (68 FR 19375) on April 21, 2003. The final rule (40 CFR part 
63, subpart WWWW) includes standards for both new and existing sources 
of hazardous air pollutants (HAP), as well as monitoring, performance 
testing, recordkeeping, and reporting requirements related to those 
standards. The NESHAP regulate production and ancillary processes used 
to manufacture products with thermoset resins and gel coats. The final 
standards contain a HAP emissions threshold that distinguishes between 
sources that typically can meet the HAP emissions limits using 
pollution prevention, and those that must use add-on controls.
    Based on SBA size definitions and reported sales and employment 
data, we identified 279 of the 357 companies owning reinforced plastic 
composites facilities as small businesses. We also performed an 
economic impact analysis (EIA) that indicated that 12 percent of 
facilities owned by small business were at risk of closure because of 
the final rule, and a SBREFA panel recommended that EPA provide special 
flexibility to these companies. Provisions to reduce the adverse impact 
on small business, including minimized reporting and recordkeeping 
requirements and establishing separate floors for specialty products, 
were incorporated into the final rule.
    This notice announces that EPA will review this action pursuant to 
section 610 of the Regulatory Flexibility Act (5 U.S.C. 610). As part 
of this review, EPA will consider and solicit comments on the following 
factors: (1) The continued need for the rule; (2) the nature of 
complaints or comments received concerning the rule; (3) the complexity 
of the rule; (4) the extent to which the rule overlaps, duplicates, or 
conflicts with other Federal, State, or local government rules; and (5) 
the degree to which the technology, economic conditions or other 
factors have changed in the area affected by the rule. Comments must be 
received within 60 days of this notice. In submitting comments, please 
reference Docket ID number EPA-HQ-OAR-2012-0816 and follow the 
instructions provided in the ADDRESSES section of this document. The 
results of EPA's review will be summarized in a report and placed in 
the rulemaking docket referenced above. This docket can be accessed at 
www.regulations.gov.

IV. Section 610 Review of National Pollutant Discharge Elimination 
System (NPDES) Permit Regulation and Effluent Limitations Guidelines 
Standards for Concentrated Animal Feeding Operations (CAFOs)

    EPA promulgated revised regulations for CAFOs on February 12, 2003 
(68 FR 7175). The ``2003 CAFO Rule'' expanded the number of operations 
covered by the CAFO regulations and included requirements to address 
the land application of manure from CAFOs. The 2003 CAFO Rule required 
all CAFOs to seek NPDES permit coverage. The EPA developed a Final 
Regulatory Flexibility Analysis (FRFA) for the 2003 CAFO Rule. In the 
2003 CAFO Rule, the EPA took several steps to minimize its impacts on 
small businesses, including regulatory revisions designed to focus on 
the largest producers, eliminating the ``mixed'' animal calculation for 
operations with more than a single animal type for determining which 
AFOs are CAFOs, raising the duck threshold for dry manure handling duck 
operations, and adopting a dry-litter chicken threshold higher than 
proposed.
    Subsequently, a series of court decisions based on legal challenges 
to the rulemaking have limited the requirement for NPDES permit 
coverage specifically to CAFOs that discharge. In response to these 
court decisions, the EPA made revisions to the CAFO regulations in 2008 
(73 FR 70418) and 2012 (77 FR 44494). In promulgating the 2008 
regulatory revision, the EPA certified that the 2008 rule would not 
have a significant adverse economic impact on a substantial number of 
small entities. In promulgating the 2012 regulatory revision, the 2012 
rule was not subject to the RFA because the RFA applies only to rules 
subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act (APA) or any other statute, and the 2012 
rule was not subject to notice and comment requirements. Both rules 
reduced the potential impact of the EPA's CAFO regulations on small 
entities by reducing the universe of CAFOs that must apply for NPDES 
permits. This notice announces that EPA will review this action 
pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C. 
610). As part of this review, EPA will consider and solicit comments on 
the following factors: (1) The continued need for the rule; (2) the 
nature of complaints or comments received concerning the rule; (3) the 
complexity of the rule; (4) the extent to which the rule overlaps, 
duplicates, or conflicts with other Federal, State, or local government 
rules; and (5) the degree to which the technology, economic conditions 
or other factors have changed in the area affected by the rule. 
Comments must be received within 60 days of this notice. In submitting 
comments, please reference Docket ID number EPA-HQ-OW-2012-0813 and 
follow the instructions provided in the ADDRESSES section of this 
document. The results of EPA's review will be summarized in a report 
and placed in the rulemaking docket referenced above. This docket can 
be accessed at www.regulations.gov.

    Dated: October 25, 2012.
Alexander Cristofaro,
Director, Office of Regulatory Policy and Management.
[FR Doc. 2012-26794 Filed 10-30-12; 8:45 am]
BILLING CODE 6560-50-P