[Federal Register: May 17, 2005 (Volume 70, Number 94)]
[Proposed Rules]
[Page 28366-28367]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17my05-31]
[[Page 28366]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0035; FRL-7911-7]
RIN 2060-AM10
National Emission Standards for Hazardous Air Pollutants: Asphalt
Processing and Asphalt Roofing Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
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SUMMARY: The EPA is proposing amendments to the national emission
standards for hazardous air pollutants (NESHAP) for asphalt processing
and asphalt roofing manufacturing, which were issued on April 29, 2003
under section 112 of the Clean Air Act (CAA). This action proposes to
correct minor errors and add a clarifying exemption inadvertently
omitted in the final rule.
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 we anticipate no
significant adverse comments. We have explained our reasons for the
proposed 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become effective and which provisions are being withdrawn.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 amendments in the Rules and Regulations
section of this Federal Register are withdrawn, all comments pertaining
to those provisions will be addressed in a subsequent final action
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.
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. Written comments must be received by June 16, 2005,
unless a public hearing is requested by May 27, 2005. If a public
hearing is requested, written comments must be received by July 1,
2005.
Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing by May 27, 2005, a public hearing will be held on June
1, 2005.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0035, 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: EPA Docket Center, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Please include a duplicate copy, if possible.
Hand Delivery: Air and Radiation Docket, Environmental
Protection Agency, 1301 Constitution Avenue, NW., Room B-108,
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.
We request that a separate copy also be sent to the contact person
listed below (see FOR FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to Docket ID No. OAR-2002-0035.
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 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).
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 Air and Radiation Docket, 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.
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.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, Minerals and
Inorganic Chemicals Group, Emission Standards Division (C504-05), U.S.
EPA, Research Triangle Park, North Carolina 27711; telephone number
(919) 541-5262; facsimile number (919) 541-5600; electronic mail
address colyer.rick@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities
potentially regulated by this action include:
[[Page 28367]]
Table 1.--Regulated Categories and Entities
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NAICS a SIC b
Category ------------------------------------------------------------------------
Code Description Code Description
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Manufacturing.......................... 324122 Asphalt shingle and 2952 Asphalt felts and
coating materials coatings.
manufacturing.
Manufacturing.......................... 32411 Petroleum refineries...... 2911 Petroleum refining.
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Federal Government..................... Not affected
Not affected
State/Local/Tribal Government.......... Not affected
Not affected
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a Standard Industrial Classification Code.
b North American Information 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 in Sec. Sec. 63.8681 and
63.8682 of the final rule. If you have any questions regarding the
applicability of this action to a particular entity, contact the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Ms.
Pamela Garrett, Minerals and Inorganic Chemicals Group, Emission
Standards Division (C504-05), U.S. EPA, Research Triangle Park, NC
27711, telephone number (919) 541-7966, at least 2 days in advance of
the potential date of the public hearing. Persons interested in
attending the public hearing must also call Ms. 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.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's proposal will also be available on the
WWW through the Technology Transfer Network (TTN). Following signature,
a copy of this action will be posted on the TTN's policy and guidance
page for newly proposed 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.
Statutory and Executive Order Reviews
For information regarding other administrative requirements for
this action, please see the direct final rule action that is located 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 impacts of today's proposed
amendments on small entities, a small entity is defined as: (1) A small
business that is primarily engaged in the processing of asphalt or the
manufacture of asphalt roofing materials according to Small Business
Administration (SBA) size standards by NAICS code (in this case, less
than 750 employees for affected businesses classified in NAICS code
324122, Asphalt Shingles and Coating Materials Manufacturing and less
than 1,500 employees for businesses in NAICS code 32411, Petroleum
Refineries); (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; and (3) a small organization that is
any not-for-profit enterprise that is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's proposed
amendments on small entities, I certify that this action would not have
a significant economic impact on a substantial number of small
entities. The proposed amendments will not impose any requirements on
small entities. The proposed amendments in today's action would improve
the emission standards by correcting errors and omissions. 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: May 6, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 05-9593 Filed 5-16-05; 8:45 am]
BILLING CODE 6560-50-P