[Federal Register Volume 70, Number 242 (Monday, December 19, 2005)]
[Proposed Rules]
[Pages 75096-75098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24199]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-8009-4]
NESHAP: National Emission Standards for Hazardous Air Pollutants:
Standards for Hazardous Air Pollutants for Hazardous Waste Combustors
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: EPA is proposing amendments to the national emissions
standards for hazardous air pollutants (NESHAP) for hazardous waste
combustors which were issued October 12, 2005, under section 112 of the
Clean Air Act. In that rule, we inadvertently included three new or
revised bag leak detection system requirements for Phase I sources--
incinerators, cement kilns, and lightweight aggregate kilns--among
implementation requirements taking effect on December 12, 2005, rather
than, as intended, after three years when the sources begin complying
with the revised emission standards under the NESHAP for hazardous
waste combustors. We intended to establish the compliance date for
these provisions three years after promulgation--October 14, 2008--
because the provisions establish more stringent requirements for Phase
I sources, which cannot readily be complied with on short notice, and
because these provisions are inextricably tied to the revised emissions
standards.
DATES: Comments. Written comments must be received by January 18, 2006,
unless a public hearing is requested by December 29, 2005. If a hearing
is requested, written comments must be received by February 2, 2006.
Public Hearing. If anyone contacts EPA requesting to speak at a public
hearing by December 29, 2005, we will hold a public hearing on January
3, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0022, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Email: [email protected] and [email protected].
Fax: 202-566-1741.
Mail: U.S. Postal Service, send comments to: HQ EPA Docket
Center (6102T), Attention Docket ID No. EPA-HQ-OAR-2004-0022, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total
of two copies. We request that you also send a separate copy of each
comment to the contact person listed below (see FOR FURTHER INFORMATION
CONTACT).
Hand Delivery: In person or by courier, deliver comments
to: HQ EPA Docket Center (6102T), Attention Docket ID No. EPA-HQ-OAR-
2004-0022, 1301 Constitution Avenue, NW., Room B-108, 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. Please include a total of two copies.
We request that you also send a separate copy of each comment to the
contact person listed below (see FOR FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2004-0022. 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 http://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 e-mail. Send or deliver information identified
as CBI only to the following address: Mr. Roberto Morales, OAQPS
Document Control Officer, EPA (C404-02), Attention Docket ID No. EPA-
HQ-OAR-2004-0022, Research Triangle Park, NC 27711. Clearly mark the
part or all of the information that you claim to be CBI. 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 e-mail comment
directly to EPA without going through www.regulations.gov, your e-mail
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. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
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 http://www.regulations.gov or in hard copy at the HQ EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2004-0022, EPA West Building, Room B-
102, 1301 Constitution Ave., NW., Washington, DC 20004. This Docket
Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The HQ EPA Docket Center telephone number is
(202) 566-1742. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public
[[Page 75097]]
Reading Room is (202) 566-1744. A reasonable fee may be charged for
copying docket materials.
Public Hearing. If a public is requested, it will be held at 10
a.m. at EPA's Crystal Station office building, 2800 Crystal Drive,
Arlington, Virginia, or at an alternate site in the Washington DC
metropolitan area. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Mr.
Frank Behan, EPA, at telephone number (703) 308-8476 or at e-mail
address: [email protected], at least two days in advance of the
potential date of the public hearing. Persons interested in attending
the public hearing must also call Mr. Behan to verify the time, date,
and location of the hearing.
FOR FURTHER INFORMATION CONTACT: For more information on this
rulemaking, contact Frank Behan at (703) 308-8476, or
[email protected], Office of Solid Waste (MC: 5302W), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities
potentially regulated by this action include:
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Examples of potentially regulated
Category NAICS code SIC code entities
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Any industry that combusts hazardous waste 562211 4953 Incinerator, hazardous waste.
as defined in the final rule.
327310 3241 Cement manufacturing, clinker
production.
327992 3295 Ground or treated mineral and earth
manufacturing.
325 28 Chemical Manufacturers.
324 29 Petroleum Refiners.
331 33 Primary Aluminum.
333 38 Photographic equipment and
supplies.
488, 561, 562 49 Sanitary Services, N.E.C.
421 50 Scrap and waste materials.
422 51 Chemical and Allied Products,
N.E.C.
512, 541, 561, 73 Business Services, N.E.C.
812 89 Services, N.E.C.
512, 514, 541, 95 Air, Water and Solid Waste
711 Management.
924
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists examples of the types of entities EPA is now
aware could potentially be regulated by this action. Other types of
entities not listed could also be affected. To determine whether your
facility, company, business, organization, etc., is regulated by this
action, you should examine the applicability criteria in 40 CFR
63.1200. If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's direct final rule will also be available
on the WWW at http://www.epa.gov/hwcmact.
Direct Final Rule. 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 we
anticipate no adverse comments. We have explained our reasons for the
proposed amendments in the preamble to the direct final rule.
If we receive no adverse comments, we will take no further action
on the proposed amendments. If we receive adverse comments, we will
withdraw the amendments. We will publish a timely withdrawal in the
Federal Register indicating that the amendments are being withdrawn. If
the direct final rule amendments in the Rules and Regulations section
of this Federal Register are withdrawn, all comments will be addressed
in a subsequent final action 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. 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 action.
The regulatory text for the proposal is identical to that for the
direct final rule published in the Rule and Regulations section of this
Federal Register. For further supplementary information, see the direct
final rule.
Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
Statutory and Executive Order Reviews
For a complete discussion of all of the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of today's Federal Register.
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
[[Page 75098]]
include small businesses, small organizations, and small governmental
jurisdictions.
For purposes of assessing the impact of today's amendments on small
entities, a small entity is defined as: (1) A small business as defined
by the Small Business Administrations' 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; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in the field.
After considering the economic impacts of today's proposed rule
amendments on small entities, I certify that this action will not have
a significant economic impact on a substantial number of small
entities. This action does not create any new regulatory requirements.
Rather, they continue to apply existing requirements by delaying the
compliance date for new or more stringent requirements. 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.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: December 12, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 05-24199 Filed 12-16-05; 8:45 am]
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