[Federal Register: August 4, 2004 (Volume 69, Number 149)]
[Proposed Rules]
[Page 47049-47051]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au04-27]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2003-0014; FRL-7797-7]
RIN 2060-AM29
National Emission Standards for Hazardous Air Pollutants:
Printing, Coating, and Dyeing of Fabrics and Other Textiles
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendment.
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SUMMARY: On May 29, 2003 (68 FR 32172), EPA issued national emission
standards for hazardous air pollutants for printing, coating, and
dyeing of fabrics and other textiles (Fabric NESHAP) under section 112
of the Clean Air Act (CAA). This action would amend the standards to
clarify the applicability of the Fabric NESHAP to coating, slashing,
dyeing, or finishing operations at synthetic fiber manufacturing
facilities where the fibers are the final product of the facility. The
printing, coating, and dyeing of fabrics and other textiles source
category does not include any synthetic fiber manufacturing operations,
and we did not intend to impose any requirements on such operations in
the final Fabric NESHAP.
In the Rules and Regulations section of this Federal Register, we
are taking direct final action on the proposed amendment because we
view the amendment as noncontroversial and anticipate no adverse
comments. We have explained our reasons for the amendment in the direct
final rule. If we receive no significant adverse comments, we will take
no further action on the proposed amendment. If we receive significant
adverse comments, we will withdraw only those provisions of the direct
final rule 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withdrawn.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Regulations section of today's Federal Register is withdrawn, all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 amendment. 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: We must receive written comments on or before September 3, 2004,
unless a hearing is requested by August 16, 2004. If a timely hearing
request is submitted, we must receive written comments on or before
September 20, 2004.
ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
OAR-2003-0014 (formerly Docket No. A-97-51), 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 online instructions for
submitting comments.
E-mail: http://www.epa.gov/edocket and
almodovar.paul@epa.gov.
Fax: (202) 566-1741 and (919) 541-5689.
Mail: U.S. Postal Service, send comments to: HQ EPA Docket
Center (6102T), Attention Docket Number OAR-2003-0014, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. (Please include a total
of 2 copies.)
Hand Delivery: In person or by courier, deliver comments
to: HQ EPA Docket Center (6102T), Attention Docket ID Number OAR-2003-
0014, 1301 Constitution Avenue, NW., Room B-108, Washington, DC 20460.
(Please include a total of 2 copies.)
We request that a separate copy of each public comment also be sent
to the contact person listed below (see FOR FURTHER INFORMATION
CONTACT).
Instructions: Direct your comments to Docket ID No. OAR-2003-0014.
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
[[Page 47050]]
Information (CBI) or other information whose disclosure is restricted
by statute. Do not submit information that you consider to be CBI or
other wise 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. (For additional information about EPA's public docket visit
EDOCKET on-line or see the Federal Register of May 31, 2002 (67 FR
38102).) For additional instructions on submitting comments, go to Unit
I.B. of the SUPPLEMENTARY INFORMATION section of this document.
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 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 HQ EPA Docket Center, Docket ID Number OAR-2003-0014, EPA
West, Room B102, 1301 Constitution Avenue, NW., Washington, DC 20460.
This docket facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The Docket telephone number
is (202) 566-1742. 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.
FOR FURTHER INFORMATION CONTACT: Mr. Paul Almod[oacute]var, Coatings
and Consumer Products Group (C539-03), Emission Standards Division,
U.S. EPA, Research Triangle Park, NC 27711; telephone number (919) 541-
0283; facsimile number (919) 541-5689; electronic mail (e-mail)
address: almodovar.paul@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
The source category definition includes sources that engage in the
coating, printing, slashing, dyeing, or finishing of any fabric or
other textile. In general, such sources are covered under the North
American Industrial Classification System (NAICS) codes listed below.
However, sources classified under other NAICS codes may be subject to
the final standard if they meet the applicability criteria. Not all
sources classified under the NAICS codes in the following table are
subject to the final rule because some of the classifications cover
products outside the scope of the Fabric NESHAP.
Categories and entities potentially regulated by this action
include:
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Category NAICS code Examples of regulated entities
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Industry...................................... 31321 Broadwoven fabric mills.
31322 Narrow fabric mills and Schiffli machine
embroidery.
313241 Weft knit fabric mills.
313311 Broadwoven fabric finishing mills.
313312 Textile and fabric finishing (except broadwoven
fabric) mills.
313320 Fabric coating mills.
314110 Carpet and rug mills.
326220 Rubber and plastics hoses and belting and
manufacturing.
339991 Gasket, packing, and sealing device
manufacturing.
Federal government............................ .............. Not affected.
State/local/tribal government................. .............. Not affected.
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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 operation is regulated by this
action, you should examine the applicability criteria of the final rule
(Sec. 63.4281). 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.
B. What Should I Consider as I Prepare my Comments for EPA?
1. 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 public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
ii. Follow direction--The Agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
[[Page 47051]]
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
3. Docket Copying Costs. 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's Environmental Research Center Auditorium, Research
Triangle Park, North Carolina, or at an alternate site nearby.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the proposed rule will also be available on the
WWW through EPA's Technology Transfer Network (TTN). Following
signature by the EPA Administrator, a copy of the proposed rule will be
posted 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.
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 amendment in the proposal, we will publish a timely notice in the
Federal Register informing the public that the amendment are being
withdrawn due to adverse comment. We will address all public comments
concerning the withdrawn amendment 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 regulatory revisions, see the
direct final rule published in a separate part of this Federal
Register.
Statutory and Executive Order Reviews. The Regulatory Flexibility
Act (RFA), as amended by the Small Business Regulatory Enforcement
Fairness Act of 1996, 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
amendment on small entities, a small entity is defined as: (1) A small
business according to Small Business Administration size standards by
NAICS code ranging from 500 to 1,000 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 impact of today's proposed rule
amendment 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 amendment is to
clarify the applicability of the Fabric NESHAP to coating, slashing,
dyeing, or finishing operations at synthetic fiber manufacturing
facilities where the fibers are the final product of the facility.
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 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, and Reporting and recordkeeping requirements.
Dated: July 29, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-17779 Filed 8-3-04; 8:45 am]
BILLING CODE 6560-50-P