[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Proposed Rules]
[Pages 29406-29407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9592]
Federal Register / Vol. 70, No. 97 / Friday, May 20, 2005 / Proposed
Rules
[[Page 29406]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0034; FRL-7911-9]
RIN 2060-AM85
National Emission Standards for Hazardous Air Pollutants for Iron
and Steel Foundries
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
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SUMMARY: On April 22, 2004, the EPA issued national emission standards
for hazardous air pollutants (NESHAP) for iron and steel foundries.
This proposed action would amend the work practice requirements for
materials certification and scrap selection/inspection programs. The
proposed amendments add clarification and flexibility but do not
materially change the requirements of the rule.
In the Rules and Regulations section of this Federal Register, we
are issuing these amendments as a direct final rule. We are making
these amendments as a direct final rule without prior proposal because
we view the revisions as noncontroversial and anticipate no adverse
comments. We have explained our reasons for these revisions in the
direct final rule amendments.
If we receive any significant, adverse comments on one or more
distinct amendments in the direct final rule, we will publish a timely
notice of withdrawal in the Federal Register informing the public which
amendments will become effective and which amendments are being
withdrawn due to adverse comment. We will address all public comments
in a subsequent final rule. If no significant adverse comments are
received, no further action will be taken on this proposal, and the
direct final rule will become effective as provided in that notice.
The regulatory text for the proposal is identical to that for the
direct final rule published in the Rules and Regulations section of
this Federal Register. For further supplementary information, see the
direct final rule.
DATES: Comments. Comments must be received on or before June 20, 2005,
unless a hearing is held. If a hearing is held, comments must be
received on or before July 5, 2005.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0034, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: [email protected].
Fax: (202) 566-1741.
Mail: Air and Radiation Docket, Docket ID OAR-2002-0034,
U.S. EPA, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include a total of two copies.
Hand Delivery: U.S. EPA, 1301 Constitution Ave., NW., Room
B102, Washington, DC 20460. 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. OAR-2002-0034.
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.epa.gov/edocket, 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 EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov Web sites are
``anonymous access'' systems, 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 EDOCKET or 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.
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other information,
such as copyrighted materials, is not placed on the Internet and will
be publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy form at the Air and Radiation Docket, Docket ID No. OAR-2002-0034,
EPA/DC, EPA West, Room B102, 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 telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Emissions,
Monitoring and Analysis Division (C339-02), Office of Air Quality
Planning and Standards, EPA, Research Triangle Park, NC 27711,
telephone number (919) 541-2364, fax number (919) 541-1903, e-mail
address: [email protected].
SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities
potentially regulated by this action include:
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NAICS code
Category \1\ Examples of regulated entities
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Industry....................................................... 331511 Iron foundries. Iron and steel
plants. Automotive and large
equipment manufacturers.
331512 Steel investment foundries.
331513 Steel foundries (except
investment).
Federal government............................................. ........... Not affected.
State/local/tribal government.................................. ........... Not affected.
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\1\ North American Industry Classification System.
[[Page 29407]]
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility would be regulated by this
action, you should examine the applicability criteria in Sec. 63.7682
of the NESHAP for iron and steel foundries. 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.
Comments. Do not submit information containing CBI to EPA through
EDOCKET, regulations.gov or e-mail. Send or deliver information
identified as CBI only to the following address: Roberto Morales, OAQPS
Document Control Officer (C404-02), U.S. EPA, Research Triangle Park,
NC 27711, Attention Docket ID No. OAR-2004-0034. Clearly mark the part
or all of the information that you claim to be CBI. For CBI information
in a disk or CD ROM that you mail to EPA, mark the outside of the disk
or CD ROM as CBI and then identify electronically within the disk or CD
ROM the specific information claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's proposed amendments will also be
available on the WWW through the Technology Transfer Network (TTN).
Following the Administrator's signature, a copy of the proposed
amendments will be placed on the TTN's policy and guidance page for
newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg.
The TTN provides information and technology exchange in various areas
of air pollution control. If more information regarding the TTN is
needed, call the TTN HELP line at (919) 541-5384.
Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing by May 31, 2005, a public hearing will be held on June
3, 2005. If a public hearing is requested, it will be held at 10 a.m.
at the EPA Facility Complex in Research Triangle Park, North Carolina
or at an alternate site nearby.
I. Statutory and Executive Order Reviews
For information regarding other statutory and executive order
reviews associated with this action, please see the direct final rule
amendments located in the Rules and Regulations section of today's
Federal Register.
A. Paperwork Reduction Act
This proposed action does not impose any new information collection
burden. The Office of Management and Budget has previously approved the
information collection requirements contained in the existing rule (40
CFR part 63, subpart EEEEE) under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
number 2060-0543, EPA ICR number 2096.02. A copy of the approved
Information Collection Request (ICR) may be obtained from Susan Auby,
Collection Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania
Ave., NW., Washington, DC 20460 or by calling (202) 566-1672.
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; 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 in 40 CFR part 63 are listed in 40 CFR part 9.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act 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 not-for-profit
enterprises, and small governmental jurisdictions.
For the purposes of assessing the impacts of today's proposed
amendments on small entities, small entity is defined as: (1) A small
business according to the U.S. Small Business Administration size
standards for NAICS codes 331511, 331512, and 331513 of 500 or fewer
employees; (2) a government 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 that is not dominant in its field.
After considering the economic impacts of today's proposed
amendments 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 impact on 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 proposed 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
effect on the small entities subject to the rule. The proposed
amendments would clarify the rule requirements to reduce compliance
uncertainties. The changes do not impose new costs or requirements.
Although the proposed rule amendments would not have a significant
economic impact on a substantial number of small entities, we
nonetheless tried to reduce the impact of the proposed amendments on
small entities. We held meetings with the petitioners to discuss the
proposed amendments and have included provisions that address their
concerns. We continue to be interested in the potential impacts of the
proposed amendments 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: May 6, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 05-9592 Filed 5-19-05; 8:45 am]
BILLING CODE 6560-50-P