[Federal Register: September 18, 2003 (Volume 68, Number 181)]
[Proposed Rules]
[Page 54794-54796]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se03-28]
[[Page 54794]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 61
[OAR-2002-0082, FRL-7561-1]
National Emission Standards for Hazardous Air Pollutants for
Asbestos
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
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SUMMARY: On November 20, 1990, the EPA issued national emission
standards for hazardous air pollutants (NESHAP) for asbestos under
section 112 of the Clean Air Act (CAA). This action would amend the
citation for labeling containers of asbestos waste materials, based on
requirements in the Occupational Safety and Health Administration
(OSHA) asbestos standard for the construction industry for proper
labeling of asbestos waste. The amendments are being made to correctly
cite the appropriate numbering of the provisions in the OSHA
regulations.
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 amendments in the
preamble to the direct final rule. If we receive no significant adverse
comments, we will take no further action on the proposed amendments. If
we receive significant adverse comments, we will withdraw only those
provisions on which we received significant adverse comments. We will
publish a timely withdrawal in the Federal Register indicating which
provisions will become effective and which provisions 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withdrawn.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Regulations section of today's Federal Register is withdrawn, all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 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.
DATES: Comments. We must receive written comments on or before October
20, 2003, unless a hearing is requested by September 29, 2003. If a
timely hearing request is submitted, we must receive written comments
on or before November 3, 2003.
ADDRESSES: Comments. By U.S. Postal Service, send comments (in
duplicate, if possible) to: Air and Radiation Docket Center (6102T),
EPA West, Room B-108, 1200 Pennsylvania Avenue, NW., Washington, DC
20460. In person or by courier, deliver comments (in duplicate, if
possible) to: Air and Radiation Docket Center, Attention Docket Number
OAR-2002-0082, U.S. EPA, 1301 Constitution Avenue, NW., Room B-108,
Washington, DC 20460. We request that a separate copy of each public
comment also be sent to the contact person listed below (see FOR
FURTHER INFORMATION CONTACT).
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, North
Carolina or at an alternate site nearby.
Docket. Docket ID No. OAR-2002-0082 contains supporting information
used in developing the proposed amendments. The docket is located at
the U.S. EPA, 1301 Constitution Avenue, NW., Washington, DC 20460, Room
B-108, and may be inspected from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Fairchild, U.S. EPA,
Minerals and Inorganic Chemicals Group, Emissions Standards Division
(Mail Code C504-05), Office of Air Quality Planning and Standards,
Research Triangle Park, NC 27711, telephone number (919) 541-5167,
electronic mail address, fairchild.susan@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated Entities. Entities potentially
regulated by this action are owners and operators of: asbestos mills,
fabricating and manufacturing operations that involve asbestos or
asbestos-containing products, demolition and renovation operations
involving asbestos-containing building materials, operations in which
asbestos-containing materials are spray applied, and active and
inactive asbestos waste disposal sites.
Categories and entities potentially regulated by this action
include those listed in the following table:
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Category NAICS Examples of Regulated Entities
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Industrial...................................... 23 Construction.
Industrial...................................... 23594 Wrecking and Demolition Contractors.
Industrial...................................... 562112 Hazardous Waste Collection.
Industrial...................................... 562211 Hazardous Waste Treatment and Disposal.
Industrial...................................... 5629 Remediation and Other Waste Management Services.
Industrial...................................... 56191 Packaging and Labeling Services.
Industrial...................................... 332992 Small Arms Ammunition Manufacturing.
Industrial...................................... 33634 Motor Vehicle Systems Manufacturing.
Industrial...................................... 327 Nonmetallic Mineral Product Manufacturing.
Industrial...................................... 3279 Other Nonmetallic Mineral Product Manufacturing.
Industrial...................................... 32791 Abrasive Product Manufacturing.
Industrial...................................... 32799 All Other Nonmetallic Mineral Product Manufacturing.
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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. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in Sec. 61.140 of the
final 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.
Docket. EPA has established an official public docket for this
action under Docket ID Number OAR-2002-0082. The official public docket
is the collection of materials that is available for public viewing at
U.S. EPA, 1301 Constitution Avenue, NW., Room B-108, Washington, DC
20460. The EPA Docket Center 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 Reading Room is (202) 566-1744. The telephone
number for the Air Docket is (202) 566-1742.
Electronic Access. An electronic version of the public docket is
available through EPA's electronic public docket and comment system,
EPA Dockets. You may use EPA Dockets at http://
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www.epa.gov/edocket/ to submit or view public comments, access the
index of the contents of the official public docket, and access those
documents in the public docket that are available electronically. Once
in the system, select ``search'' and key in the appropriate docket
identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as confidential business information (CBI) and
other information whose disclosure is restricted by statute, which is
not included in the official public docket, will not be available for
public viewing in EPA's electronic public docket. The EPA's policy is
that copyrighted material will not be placed in EPA's electronic public
docket but will be available only in printed, paper form in the
official public docket. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket material through the docket facility identified in
this document.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available to public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statue. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
You may submit comments electronically, by mail, by facsimile, or
through hand delivery/courier. To ensure proper receipt by EPA,
identify the appropriate docket identification number in the subject
line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked late. The
EPA is not required to consider these late comments.
Electronically. If you submit an electronic comment as prescribed
below, EPA recommends that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
comment. Also include this contact information on the outside of any
disk or CD ROM you submit, and in any cover letter accompanying the
disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. The EPA's policy is that
EPA will not edit your comment, and any identifying or contact
information provided in the body of a comment will be included as part
of the comment that is placed in the official public docket, and made
available in EPA's electronic public docket. 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.
Your use of EPA's electronic public docket to submit comments to
EPA electronically is EPA's preferred method for receiving comments. Go
directly to EPA Dockets at http://www.epa.gov/edocket, and follow the
online instructions for submitting comments. Once in the system, select
``search'' and then key in Docket ID No. OAR-2002-0082. The system is
an anonymous access system, which means EPA will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
Comments may be sent by electronic mail (e-mail) to air-and-r-
docket@epa.gov, Attention: Docket ID No. OAR-2002-0082. In contrast to
EPA's electronic public docket, EPA's e-mail system is not an anonymous
access system. If you send an e-mail comment directly to the Docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
You may submit comments on a disk or CD ROM that you mail to the
mailing address identified in this document. These electronic
submissions will be accepted in WordPerfect or ASCII file format. Avoid
the use of special characters and any form of encryption.
By Mail. Send your comments (in duplicate, if possible) to: EPA
Docket Center (6102T), Attention: Docket ID No. OAR-2002-0082, U.S.
EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
By Hand Delivery or Courier. Deliver your comments (in duplicate,
if possible) to: Air and radiation Docket, Attention Docket ID No. OAR-
2002-0082, U.S. EPA, 1301 Constitution Avenue, NW., Room B-108,
Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation as identified in this document. We
request that a separate copy also be sent to the contact person listed
under FOR FURTHER INFORMATION CONTACT.
By Facsimile. Fax your comments to: (202) 566-1741, Attention
Docket ID No. OAR-2002-0082.
CBI. Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail.
Send or deliver information identified as CBI only to the following
address: OAQPS Document Control Office (C404-02), Attention: Ms. Susan
Fairchild, U.S. EPA, 109 TW Alexander Drive, Research Triangle Park, NC
27711, Attention Docket ID No. OAR-2002-0082. You may claim information
that you submit to EPA as CBI by marking any part or all of that
information as CBI (if you submit CBI on disk or CD ROM, 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 CBI).
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Mrs.
Pamela Garrett, Minerals and Inorganic Chemicals Group, Emission
Standards Division (C504-05), Research Triangle Park, NC 27711,
telephone number (919) 541-7966, at least two days in advance of the
potential date of the public hearing. Persons interested in attending
the public hearing must also call Mrs. Garrett 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.
In addition to one complete version of the comment that includes
any 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
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docket and EPA's electronic public docket. If you submit the copy that
does not contain CBI on disk or CD ROM clearly that is does not contain
CBI. Information not marked as CBI will be included in the public
docket and EPA's electronic public docket without prior notice. If you
have any questions about CBI or the procedures for claiming CBI, please
consult the person identified in the FOR FURTHER INFORMATION CONTACT
section.
Worldwide Web (www). In addition to being available in the docket,
an electronic copy of this action will also be available through the
WWW. Following 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: 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. If more information regarding the TTN
is needed, call the TTN HELP line at (919) 541-5384.
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 significant adverse 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 that 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
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., 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 impacts of today's proposed rule
amendments on small entities, a small entity is defined as: (1) A small
business whose parent company has fewer than 750 employees; (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; or (3) a small organization that is any not-for-profit
enterprise which 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, we certify that this action will not have
a significant economic impact on a substantial number of small
entities. We believe there will be little or no impact on small
entities because the purpose of today's proposed amendments is to
update the rule with the correct OSHA labeling citations, and the
amendments would not impose new requirements or compliance costs on
industry.
For information regarding other administrative requirements for
this action, please see the direct final rule located in the Rules and
Regulations section of today's Federal Register.
List of Subjects in 40 CFR Part 61
Environmental protection, Air pollution control, Hazardous
substances.
Dated: September 12, 2003.
Marianne L. Horinko,
Acting Administrator.
[FR Doc. 03-23847 Filed 9-17-03; 8:45 am]
BILLING CODE 6560-50-P