[Federal Register Volume 71, Number 250 (Friday, December 29, 2006)]
[Proposed Rules]
[Pages 78392-78394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22428]
[[Page 78392]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2004-0357; FRL-8264-3]
RIN 2060-AO03
National Emission Standards for Hazardous Air Pollutants:
Shipbuilding and Ship Repair (Surface Coating) Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On December 15, 1995, EPA issued national emission standards
for hazardous air pollutants (NESHAP) under section 112 of the Clean
Air Act for shipbuilding and ship repair (surface coating) operations
(subpart II). The NESHAP requires existing and new major sources to
control emissions of hazardous air pollutants to the extent achievable
by the use of maximum achievable control technology. The proposal is
intended to close an unintended gap in the scope of activities subject
to the NESHAP by amending the definition of ``ship'' to include all
marine or fresh-water vessels that are either (1) 20 meters or more in
length regardless of the purpose for which the vessel is constructed or
used, or (2) less than 20 meters in length and designed and built
specifically for military or commercial purposes. All shipbuilding and
ship repair coating operations performed on ``ships,'' as so defined,
are subject to subpart II if they take place at an ``affected source,''
as defined in 40 CFR 63.782. The only exception is that this NESHAP
shall not be construed to apply to coating activities that are subject
to emission limitations or work practices under the NESHAP for boat
manufacturing at 40 CFR part 63, subpart VVVV. We have also added a
definition of ``commercial'' to clarify the types of nonmilitary
vessels less than 20 meters that we consider to be ships. The amended
definition of ``ship'' renders the term ``pleasure craft'' unnecessary
and the amendments, therefore, eliminate the use of that term in 40 CFR
part 63, subpart II.
DATES: Comments. Written comments must be received on or before January
29, 2007 unless a public hearing is requested by January 8, 2007. If a
public hearing is requested, written comments must be received on or
before February 12, 2007.
Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing, a public hearing will be held on January 16, 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 online instructions
for submitting comments.
E-mail: [email protected] and
[email protected].
Fax: (202) 566-1741 and (919) 541-3470.
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-
2004-0357, (Legacy No. A-92-11). 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-2004-0357, (Legacy No. A-92-11), 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 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 www.regulations.gov or in hard copy at the Air and Radiation Docket,
Docket ID No. EPA-HQ-OAR-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
http://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 Dr.
Mohamed Serageldin, EPA, Office of Air Quality Planning and Standards,
Sector Policies and Programs Division, Natural Resources and Commerce
Group (E143-03), Research Triangle Park, NC 27711; telephone number
(919) 541-2379; fax
[[Page 78393]]
number (919) 541-3470; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION: Regulated Entities. The regulated category
and entities affected by this action include:
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Industry........................ Facilities that are engaged in
shipbuilding and ship repair
operations. The term ship means all
marine or fresh-water vessels that
are either (1) 20 meters or more in
length regardless of the purpose for
which the vessel is constructed or
used, or (2) that are less than 20
meters in length and are designed and
built specifically for military or
commercial purposes. This includes,
but is not limited to, all military
and Coast Guard vessels, commercial
cargo and passenger (cruise) ships,
ferries, tankers, container ships,
patrol and pilot boats, yachts, and
dredges.
------------------------------------------------------------------------
Note: An offshore oil and gas drilling platform is not considered a ship
for purposes of this regulation.
------------------------------------------------------------------------
Federal government.............. Federal Agencies which undertake
shipbuilding or repair operations see
above) such as the Navy and Coast
Guard.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
rule.
To determine whether your facility, company, business,
organization, etc., is regulated by this action, you should carefully
examine all of the applicability criteria in 40 CFR 63.781 of the rule,
as well as in the direct final rule. If you have any questions
regarding the applicability of this rule to a particular activity,
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. 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 Dr.
Mohamed Serageldin, EPA, Office of Air Quality Planning and Standards,
Sector Policies and Programs Division, Natural Resources and Commerce
Group (E143-03), Research Triangle Park, NC 27711, telephone number
(919) 541-2379, 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 Dr.
Serageldin 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 this 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. The proposed amendments appear in the Rules and
Regulations Section of this Federal Register as a direct final rule.
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 comment, we will take no
further action on the proposed rule. If we receive material adverse
comment or a public hearing is requested, we will withdraw only the
amendments, sections, or paragraphs of the direct final rule on which
we received material adverse comment. 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 this Federal
Register is withdrawn, all comments pertaining to the amendments will
be addressed in a subsequent final rule based on the proposed rule. We
will not institute a second comment period on this 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 this 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, a small entity is defined as: (1) A small business
according to Small Business Administration size standards for companies
mainly identified by NAICS codes 336611 (shipbuilding and repairing)
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.
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with the proposed rule. This action
broadens the scope of the category through revision of the definition
of ship which may impact facilities currently complying with subpart
II, none of which are small entities. The direct final rule will not
impose any new requirements on small entities. We continue to be
interested in the potential impacts of the proposed rule on small
entities and welcome
[[Page 78394]]
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 22, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E6-22428 Filed 12-28-06; 8:45 am]
BILLING CODE 6560-50-P