[Federal Register Volume 71, Number 246 (Friday, December 22, 2006)]
[Proposed Rules]
[Pages 76956-76958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21974]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2002-0093; FRL-8260-6]
RIN 2060-AN10
National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Automobiles and Light-Duty Trucks
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On April 26, 2004, EPA issued the National Emission Standards
for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-
Duty Trucks (Automobiles and Light-Duty Trucks NESHAP) under section
112(d) of the Clean Air Act. We are proposing to amend the final rule
to provide the option of including surface coating of heavier motor
vehicles under this rule. This action also proposes to amend the
National Emission Standards for Hazardous Air Pollutants for Surface
[[Page 76957]]
Coating of Miscellaneous Metal Parts and Products (Miscellaneous Metal
Parts NESHAP) and the National Emission Standards for Hazardous Air
Pollutants for Surface Coating of Plastic Parts and Products (Plastic
Parts NESHAP) to maintain consistency between these rules and the
Automobiles and Light-Duty Trucks NESHAP. These proposed amendments
appear in the Rules and Regulations Section of this Federal Register as
a direct final rule.
DATES: Comments. Written comments must be received on or before January
22, 2007 unless a public hearing is requested by January 2, 2007. If a
public hearing is requested, written comments must be received on or
before February 5, 2007.
Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing, a public hearing will be held on January 8, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0093, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected] and [email protected].
Fax: (202) 566-1741 and (919) 541-0246.
Mail: U.S. Postal Service, send comments to: Air and
Radiation Docket (6102T), 1200 Pennsylvania Avenue, NW., Washington, DC
20460. Please include a total of two copies.
Hand Delivery: In person or by courier, deliver comments
to: Air and Radiation Docket (6102T), EPA West, Room B-102, 1301
Constitution Avenue, 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. 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-
2002-0093. 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-2004-0441, 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 Air and Radiation
Docket, Docket ID No. EPA-HQ-QAR-2002-0093, EPA West, Room B-102, 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.
Note: The EPA Docket Center suffered damage due to flooding
during the last week of June 2006. The Docket Center is continuing
to operate. However, during the cleanup, there will be temporary
changes to Docket Center telephone numbers, addresses, and hours of
operation for people who wish to make hand deliveries or visit the
Public Reading Room to view documents. Consult EPA's Federal
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at
www.epa.gov/epahome/dockets.htm for current information on docket
operations, locations, and telephone numbers. The Docket Center's
mailing address for U.S. mail and the procedure for submitting
comments to www.regulations.gov are not affected by the flooding and
will remain the same.
Public Hearing. If a public hearing is held, it will be held at 10
a.m. at the EPA's Environmental Research Center Auditorium, Research
Triangle Park, NC, or at an alternate site nearby.
FOR FURTHER INFORMATION CONTACT: For further information contact Mr.
David Salman, EPA, Office of Air Quality Planning and Standards, Sector
Policies and Programs Division, Coatings and Chemicals Group (E143-01),
Research Triangle Park, NC 27711; telephone number (919) 541-0859; fax
number (919) 541-0246; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and entities potentially regulated
by this action include:
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NAICS* Examples of potentially
Category code regulated entities
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Industry..................... 336111 Automobile manufacturing.
336112 Light truck and utility
vehicle manufacturing.
336211 Motor vehicle body
manufacturing.
336120 Heavy duty truck
manufacturing.
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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 of the rule. 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 information which you claim to be CBI
to EPA through www.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.
[[Page 76958]]
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. 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.
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Mr.
David Salman, EPA, Office of Air Quality Planning and Standards, Sector
Policies and Programs Division, Coatings and Chemicals Group (E143-01),
Research Triangle Park, NC 27711, telephone number (919) 541-0859, e-
mail address: [email protected], at least 2 days in advance of the
potential date of the public hearing. Persons interested in attending
the public hearing must also call Mr. Salman to verify the time, date,
and location of the hearing. The public hearing will provide interested
parties the opportunity to present data, views, or arguments concerning
these proposed emission standards.
World Wide 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 this proposal
is 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.
We are taking direct final action because we view the amendments as
noncontroversial and anticipate no adverse comments. We have explained
our reasons for the amendments in the preamble to the direct final
rule. If we receive no material adverse comments, we will take no
further action on the proposed rule. If we receive material adverse
comments, we will withdraw only the amendments, sections, or paragraphs
of the direct final rule on which we received material adverse
comments. We will publish a timely withdrawal in the Federal Register
indicating which will become effective and which are being withdrawn.
If part or all of the direct final rule in the Rules and Regulations
section of today's Federal Register is withdrawn, all comments
pertaining to those provisions will be addressed in a subsequent final
rule based on the proposed rule. We will not institute a second comment
period on today's proposed rule. Any parties interested in commenting
must do so at this time.
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
amendments on small entities, a small entity is defined as: (1) A small
business according to Small Business Administration size standards for
companies identified by NAICS codes 336111 (automobile manufacturing)
and 336112 (light truck and utility vehicle manufacturing) with 1,000
or fewer employees; (2) a small governmental jurisdiction that is a
government or 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 its field. Based on the above
definition, there are no small entities presently engaged in automobile
and light-duty truck surface coating.
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 is based on the observation that the final rule affects
no small entities since none are engaged in the surface coating of
automobiles and light-duty trucks. We continue to be interested in the
potential impacts of the proposed rule 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: December 18, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E6-21974 Filed 12-21-06; 8:45 am]
BILLING CODE 6560-50-P