[Federal Register: October 13, 2004 (Volume 69, Number 197)]
[Proposed Rules]
[Page 60837-60839]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc04-16]
[[Page 60837]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OGC-2004-0004; FRL-7826-1]
National Emission Standards for Hazardous Air Pollutants for Coke
Ovens: Pushing, Quenching, and Battery Stacks
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
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SUMMARY: On April 14, 2003, pursuant to section 112 of the Clean Air
Act (CAA), the EPA issued national emission standards to control
hazardous air pollutants emitted from pushing, quenching, and battery
stacks at new and existing coke oven batteries. This proposed action
would amend the parametric operating limits and associated compliance
provisions for capture systems used to control emissions from pushing.
This action also would amend the requirements for mobile scrubber cars
that capture emissions which occur during pushing and travel.
In the Rules and Regulations section of this Federal Register, we
are issuing the amendments as a direct final rule. We are making the
amendments as a direct final rule without prior proposal because we
view the amendments as noncontroversial and anticipate no adverse
comments. We have explained our reasons for the amendments in the
direct final rule.
If we receive any significant, adverse comments on one or more
distinct amendments in the direct final rule, we will publish a timely
notice of withdrawal in the Federal Register informing the public which
amendments will become effective and which amendments are being
withdrawn due to adverse comment. We will address all public comments
in a subsequent final rule (should we decide to issue a final rule). If
no significant 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
this Federal Register. For further supplementary information, see the
direct final rule.
DATES: Comments. Comments must be received on or before November 12,
2004, unless a hearing is held. If a hearing is held, comments must be
received on or before November 29, 2004.
ADDRESSES: Submit your comments, identified by Docket ID No. OGC-2004-
0004, 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 on-line instructions for
submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: Proposed Settlement Agreement in AISI/ACCCI Coke
Oven Environmental Task Force vs. U.S. EPA, No. 03-1167 (D.C. Cir.)
Docket, Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of
two copies.
Hand Delivery: Environmental Protection Agency, 1301
Constitution Avenue, NW., Room B102, Washington, DC. 20460. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. OGC-2004-0004.
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 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. The EPA EDOCKET and the Federal regulations.gov websites 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.
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 information,
such as copyrighted materials, 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 form at the Proposed Settlement Agreement in AISI/ACCCI Coke Oven
Environmental Task Force vs. U.S. EPA, No. 03-1167 (DC Cir.) Docket,
Docket ID No. OGC-2004-0004, EPA/DC, EPA West, 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 Air Docket is (202) 566-
1742.
FOR FURTHER INFORMATION CONTACT: Ms. Lula Melton, Emission Standards
Division, Office of Air Quality Planning and Standards (C439-02),
Environmental Protection Agency, Research Triangle Park, NC 27711,
telephone number (919) 541-2910, fax number (919) 541-3207, e-mail
address: melton.lula@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply To Me?
Categories and entities potentially regulated by this action
include:
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Examples of regulated
Category NAICS code \1\ entities
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Industry...................... 331111, 324199 Coke plants and
integrated iron and
steel mills.
Federal government............ ................ Not affected.
[[Page 60838]]
State/local/tribal government. ................ Not affected.
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\1\ 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 would be regulated by this
action, you should examine the applicability criteria in Sec. 63.7281
of the national emission standards for coke ovens: Pushing, quenching,
and battery stacks. 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?
Do not submit information containing CBI to EPA through EDOCKET,
regulations.gov or e-mail. Send or deliver information identified as
CBI only to the following address: Roberto Morales, OAQPS Document
Control Officer (C404-02), U.S. EPA, Research Triangle Park, NC 27711,
Attention Docket ID No. OGC-2004-0004. 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 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.
C. Where Can I Get a Copy of This Document and Other Related
Information?
In addition to being available in the docket, an electronic copy of
today's proposed amendments is also available on the Worldwide Web
(WWW) through the Technology Transfer Network (TTN). Following the
Administrator's signature, a copy of the proposed amendments will be
placed 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.
D. Will There Be a Public Hearing?
If anyone contacts the EPA requesting to speak at a public hearing
by October 25, 2004, a public hearing will be held on October 27, 2004.
If a public hearing is requested, 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.
II. Statutory and Executive Order Reviews
For information regarding other statutory and executive order
reviews associated with this action, please see the direct final rule
located in the Rules and Regulations section of today's Federal
Register.
A. Paperwork Reduction Act
The proposed action does not impose any new information collection
burden. The costs of the information collection requirements associated
with the new operating limit and operation and maintenance plan
provisions related to the settlement agreement do not increase the
existing burden estimates for the final rule. The Office of Management
and Budget (OMB) has previously approved the information collection
requirements contained in the existing rule (40 CFR part 63, subpart
CCCCC) under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned OMB control number 2060-0521, EPA ICR
number 1995.02. A copy of the approved Information Collection Request
(ICR) may be obtained from Susan Auby, Collection Strategies Division,
U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave.,
NW., Washington, DC 20460 or by calling (202) 566-1672.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 63 are listed in 40 CFR part 9.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act 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 not-for-profit
enterprises, and small governmental jurisdictions.
For the purposes of assessing the impacts of today's proposed
amendments on small entities, small entity is defined as: (1) A small
business according to U.S. Small Business Administration size standards
for NAICS codes 331111 and 324199 ranging from 500 to 1,000 employees;
(2) a government 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 which is independently owned and operated and that is not
dominant in its field.
After considering the economic impacts of today's proposed
amendments on small entities, I certify that this action will not have
a significant economic impact on a substantial number of small
entities. In determining whether a rule has a significant economic
impact on a substantial number of small entities, the impact of concern
is any significant adverse impact on small entities, since the primary
purpose of the regulatory flexibility analyses is to identify and
address regulatory alternatives which minimize any significant economic
impact of the proposed rule on small entities (5 U.S.C. 603-604). Thus,
an agency may certify that a rule will not have a significant economic
impact on a substantial number of small entities if
[[Page 60839]]
the rule relieves regulatory burden, or otherwise has a positive effect
on the small entities subject to the rule. The proposed amendments make
improvements to the existing standards by adding new compliance options
for monitoring of capture systems operating parameters and by adding
provisions for a type of control system not covered by the existing
standards. We have, therefore, concluded that today's proposed
amendments will have no adverse impacts on any small entities and may
relieve burden in some cases.
Although the proposed rule amendments will not have a significant
economic impact on a substantial number of small entities, we
nonetheless tried to reduce the impact of the proposed amendments on
small entities. We held meetings with the petitioners to discuss the
proposed amendments related to the settlement agreement and have
included provisions that address their concerns. We continue to be
interested in the potential impacts of the proposed 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: October 4, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-22870 Filed 10-12-04; 8:45 am]
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