[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Proposed Rules]
[Pages 7494-7496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1217]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0088, FRL-8008-3]
RIN 2060-AM90
National Emission Standards for Hazardous Air Pollutants for
Refractory Products Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
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SUMMARY: The EPA is proposing amendments to the national emission
standards for hazardous air pollutants (NESHAP) for new and existing
refractory products manufacturing facilities, which were promulgated on
April 16, 2003, under section 112(d) of the Clean Air Act (CAA). The
proposed amendments would clarify testing and monitoring requirements,
reflect recent changes to the NESHAP General Provisions, clarify
startup and shutdown for batch processes, and make certain technical
corrections to the 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 anticipate no adverse
comments. We have explained our reasons for the revisions 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 comment on one or more distinct amendments, we will
publish a timely withdrawal in the Federal Register indicating which
amendments in the direct final rule will become effective and which
amendments are being withdrawn due to adverse comment. If part or all
of the direct final rule in the Rules and Regulations section of this
Federal Register is withdrawn, all comments pertaining to the
amendments will be addressed in a subsequent final rule based on the
proposed amendments. We will not institute a second comment period on
the subsequent final rule. Any
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parties interested in commenting must do so at this time.
DATES: Comments. Comments must be received on or before March 15, 2006.
Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing by February 23, 2006, a public hearing will be held
within approximately 30 days following publication of this notice in
the Federal Register.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0088, 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://docket.epa.gov/edkpub/index.jsp.
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] and
[email protected].
Fax: (202) 566-1741 and (919) 541-5600.
Mail: U.S. Postal Service, send comments to: EPA Docket
Center (6102T), Attention Docket ID No. OAR-2002-0088, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of
two copies.
Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center (6102T), Attention Docket ID No. OAR-2002-0088,
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. OAR-2002-0088.
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://docket.epa.gov/edkpub/index.jsp, 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. 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. OAR-2002-0088,
Research Triangle Park, NC 27711. Clearly mark the part or all of the
information that you claim to be CBI. 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. For additional
information about EPA's public docket, visit EDOCKET on-line or see the
Federal Register of May 31, 2002 (67 FR 38102).
Docket: All documents in the docket are listed in the EDOCKET index
at http://docket.epa.gov/edkpub/index.jsp. 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
material, such as copyrighted material, 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 at the EPA Docket Center, Docket ID No. OAR-
2002-0088, EPA West Building, 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 EPA Docket Center is (202) 566-1742. A reasonable fee
may be charged for copying docket materials.
Public Hearing. If a public hearing is held, it will be held at 10
a.m. at the EPA Facility Complex in Research Triangle Park, NC, or an
alternate site nearby. Persons interested in attending the public
hearing should contact Janet Eck at (919) 541-7946 to verify that a
hearing will be held and its location.
FOR FURTHER INFORMATION CONTACT: Susan Fairchild, EPA, Office of Air
Quality Planning and Standards, Emission Standards Division, Minerals
and Inorganic Chemicals Group (C-504-05), Research Triangle Park, NC
27711; telephone number; (919) 541-5167; fax number; (919) 541-5600; e-
mail address: [email protected].
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and entities potentially regulated
by this action include those listed in the following table:
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Examples of regulated
Category NAICS* entities
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Industrial....................... 327124 Clay refractories
manufacturing plants.
Industrial....................... 327125 Nonclay refractories
manufacturing plants.
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* North American Industry Classification System.
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 is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.9782 of the
Refractory Products Manufacturing NESHAP. 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.
Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov, or e-mail. 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 that is 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
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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 proposal will also be available through
the WWW. Following the Administrator's signature, a copy of this action
will be posted on EPA's Technology Transfer Network (TTN) policy and
guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg/. The TTN at EPA's Web site provides information
and technology exchange in various areas of air pollution control.
Direct Final Rule. A direct final rule identical to the proposal is
published in the Rules and Regulations section of today's Federal
Register. If we receive any advers comment pertaining to the amendments
in the proposal, we will publish a timely notice in the Federal
Register informing the public that the amendments are being withdrawn
due to adverse comment. We will address all public comments concerning
the withdrawn amendments in a subsequent final rule. 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 the action.
The regulatory text for the proposal is identical to that for the
direct final rule published in the Rules and Regulations section of
today's Federal Register. For further supplementary information, the
detailed rationale for the proposal and the regulatory revisions, see
the direct final rule published in a separate part of this Federal
Register.
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 include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impact of today's proposed rule on
small entities, small entity is defined as: (1) A small business whose
parent company has fewer than 500 employees, according to Small
Business Administration size standards established under the NAICS for
the industries affected by today's rule; (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 that is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's proposed rule
amendments on small entities, I certify that the proposed rule
amendments will not have a significant economic impact on a substantial
number of small entities. The proposed rule amendments provide
clarification and corrections to the NESHAP for refractory products
manufacturing. This action includes minor corrections and
clarifications to the Refractory Products Manufacturing NESHAP that do
not add any additional requirements.
Although the direct final rule amendments will not have a
significant economic impact on a substantial number of small entities,
EPA nonetheless has tried to reduce the impact of the direct final rule
amendments on small entities. The EPA has limited the amendments to
changes that clarify ambiguities of the Refractory Products
Manufacturing NESHAP, correct citations to the General Provisions, and
clarify the complex batch testing requirements of the Refractory
Products Manufacturing NESHAP. The EPA believes that the amendments
will simplify the NESHAP and will not add additional burden to
regulated 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.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: December 7, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 06-1217 Filed 2-10-06; 8:45 am]
BILLING CODE 6560-50-P