

[Federal Register: February 13, 2006 (Volume 71, Number 29)]
[Proposed Rules]               
[Page 7494-7496]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe06-23]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0088, FRL-8008-3]
RIN 2060-AM90

 
National Emission Standards for Hazardous Air Pollutants for 
Refractory Products 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 new and existing 
refractory products manufacturing facilities, which were promulgated on 
April 16, 2003, under section 112(d) of the Clean Air Act (CAA). The 
proposed amendments would clarify testing and monitoring requirements, 
reflect recent changes to the NESHAP General Provisions, clarify 
startup and shutdown for batch processes, and make certain technical 
corrections to 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 anticipate no adverse 
comments. We have explained our reasons for the revisions in the 
preamble to the direct final rule. If we receive no adverse comments, 
we will take no further action on the proposed amendments. If we 
receive adverse comment on one or more distinct amendments, we will 
publish a timely withdrawal in the Federal Register indicating which 
amendments in the direct final rule will become effective and which 
amendments are being withdrawn due to adverse comment. 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Federal Register is withdrawn, all comments pertaining to the 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 amendments. We will not institute a second comment period on 
the subsequent final rule. Any

[[Page 7495]]

parties interested in commenting must do so at this time.

DATES: Comments. Comments must be received on or before March 15, 2006.
    Public Hearing. If anyone contacts EPA requesting to speak at a 
public hearing by February 23, 2006, a public hearing will be held 
within approximately 30 days following publication of this notice in 
the Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0088, 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://docket.epa.gov/edkpub/index.jsp. 

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 and Fairchild.susan@epa.gov.


     Fax: (202) 566-1741 and (919) 541-5600.
     Mail: U.S. Postal Service, send comments to: EPA Docket 
Center (6102T), Attention Docket ID No. OAR-2002-0088, 1200 
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of 
two copies.
     Hand Delivery: In person or by courier, deliver comments 
to: EPA Docket Center (6102T), Attention Docket ID No. OAR-2002-0088, 
1301 Constitution Avenue, NW., Room B-108, 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. OAR-2002-0088. 
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://docket.epa.gov/edkpub/index.jsp
, 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. 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. OAR-2002-0088, 
Research Triangle Park, NC 27711. Clearly mark the part or all of the 
information that you claim to be CBI. 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://docket.epa.gov/edkpub/index.jsp. 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 EPA Docket Center, Docket ID No. OAR-
2002-0088, EPA West Building, 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 EPA Docket Center is (202) 566-1742. 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 Facility Complex in Research Triangle Park, NC, or an 
alternate site nearby. Persons interested in attending the public 
hearing should contact Janet Eck at (919) 541-7946 to verify that a 
hearing will be held and its location.

FOR FURTHER INFORMATION CONTACT: Susan Fairchild, EPA, Office of Air 
Quality Planning and Standards, Emission Standards Division, Minerals 
and Inorganic Chemicals Group (C-504-05), Research Triangle Park, NC 
27711; telephone number; (919) 541-5167; fax number; (919) 541-5600; e-
mail address: fairchild.susan@epa.gov.

SUPPLEMENTARY INFORMATION:
    Regulated Entities. Categories and entities potentially regulated 
by this action include those listed in the following table:

------------------------------------------------------------------------
                                                  Examples of regulated
             Category                 NAICS*            entities
------------------------------------------------------------------------
Industrial.......................       327124  Clay refractories
                                                 manufacturing plants.
Industrial.......................       327125  Nonclay refractories
                                                 manufacturing plants.
------------------------------------------------------------------------
* 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 is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.9782 of the 
Refractory Products Manufacturing NESHAP. 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.
    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

[[Page 7496]]

public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's proposal will also be available through 
the http://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. 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 advers 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 the 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

    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 today's 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, small entity is defined as: (1) A small business whose 
parent company has fewer than 500 employees, according to Small 
Business Administration size standards established under the NAICS for 
the industries affected by today's rule; (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 rule 
amendments on small entities, I certify that the proposed rule 
amendments will not have a significant economic impact on a substantial 
number of small entities. The proposed rule amendments provide 
clarification and corrections to the NESHAP for refractory products 
manufacturing. This action includes minor corrections and 
clarifications to the Refractory Products Manufacturing NESHAP that do 
not add any additional requirements.
    Although the direct final rule amendments will not have a 
significant economic impact on a substantial number of small entities, 
EPA nonetheless has tried to reduce the impact of the direct final rule 
amendments on small entities. The EPA has limited the amendments to 
changes that clarify ambiguities of the Refractory Products 
Manufacturing NESHAP, correct citations to the General Provisions, and 
clarify the complex batch testing requirements of the Refractory 
Products Manufacturing NESHAP. The EPA believes that the amendments 
will simplify the NESHAP and will not add additional burden to 
regulated entities. We continue to be interested in the potential 
impacts of the proposed rule on small entities and welcome comments on 
issues related to such impacts.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: December 7, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 06-1217 Filed 2-10-06; 8:45 am]

BILLING CODE 6560-50-P
