

[Federal Register: April 14, 2006 (Volume 71, Number 72)]
[Rules and Regulations]               
[Page 19435-19436]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap06-5]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0088; FRL-8158-5]
RIN 2060-AM90

 
National Emission Standards for Hazardous Air Pollutants for 
Refractory Products Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Because EPA received adverse comment, we are withdrawing the 
direct final rule amendments to the national emission standards for 
hazardous air pollutants (NESHAP) for Refractory Products 
Manufacturing, published in the Federal Register on February 13, 2006. 
We stated in the direct final rule amendments that if we received 
adverse comment by March 15, 2006, we would publish a timely notice of 
withdrawal in the Federal Register. We subsequently received adverse 
comment on the direct final rule amendments. We will address those 
comments in a subsequent final action based on the parallel proposal 
also published on February 13, 2006. As stated in the parallel 
proposal, we will not institute a second comment period on this action.

DATES: As of April 14, 2006, EPA withdraws the direct final rule 
amendments published on February 13, 2006 (71 FR 7415).

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2002-0088. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Although listed in the index, some 

information is not publicly available, e.g., confidential business 
information 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 through http://www.regulations.gov or in hard copy at 

the NESHAP for Refractory Products Manufacturing 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 
Refractory Products

[[Page 19436]]

Manufacturing Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Susan Fairchild, Office of Air Quality 
Planning and Standards, Sector Policies and Programs Division, Metals 
and Minerals Group (D-243-02), Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711; telephone number: (919) 
541-5167; fax number: (919) 541-5600; e-mail address: 
fairchild.susan@epa.gov.


SUPPLEMENTARY INFORMATION:

I. General Information

    Categories and entities potentially affected by this action include 
those which manufacture refractory products. Regulated categories and 
entities include:

------------------------------------------------------------------------
                                                   Examples of regulated
           Category               NAICS code \1\          entities
------------------------------------------------------------------------
Industry......................  327124...........  Clay refractory
                                327125...........   manufacturing plants
                                                    and nonclay
                                                    refractory
                                                    manufacturing
                                                    plants.
Federal government............  .................  Not affected.
State/local/tribal government.  .................  Not affected.
------------------------------------------------------------------------
\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 affected by this 
action. This table lists the types of entities that EPA is now aware 
could be affected by this action. Other types of entities not listed in 
the table could also be affected. To determine whether your facility is 
affected by this action, you should carefully examine the applicability 
criteria in 40 CFR 63.9782 of subpart SSSSS (NESHAP for Refractory 
Products Manufacturing). If you have questions regarding the 
applicability of this action to a particular entity, consult either the 
air permit authority for the entity or your EPA regional representative 
as listed in 40 CFR 63.13 of subpart A (General Provisions).

II. Background Information

    On February 13, 2006, we published a direct final rule (71 FR 7415) 
and parallel proposal (71 FR 7494) amending the NESHAP for Refractory 
Products Manufacturing. The amendments would have clarified the testing 
and monitoring requirements of the NESHAP, made the NESHAP consistent 
with recent changes to the General Provisions (40 CFR part 63, subpart 
A), and made certain technical corrections to the rule. The amendments 
would have clarified that sources complying with the total hydrocarbon 
(THC) percent reduction emission limit could choose to meet the 
alternative concentration emission limit if they turn back the control 
device after it is no longer needed (i.e., after the concentration of 
THC in the exhaust gas is at or below the THC concentration emissions 
limit).
    The preamble to the direct final rule amendments stated that if we 
received adverse comment by March 15, 2006, we would publish a timely 
notice of withdrawal in the Federal Register. EPA received adverse 
comment on the direct final rule amendments. Accordingly, we are 
withdrawing the direct final rule amendments as of April 14, 2006. EPA 
will take final action on the parallel proposal after considering the 
comments received. As stated in the parallel proposal, EPA will not 
institute a second comment period on this action.

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: April 7, 2006.
William L. Wehrum,
Acting Assistant Administrator for Air and Radiation.

PART 63--[AMENDED]

0
Accordingly, the amendments to the rule published in the Federal 
Register on February 13, 2006 (71 FR 7415) on pages 7415-7441 are 
withdrawn as of April 14, 2006.
[FR Doc. 06-3545 Filed 4-13-06; 8:45 am]

BILLING CODE 6560-50-P
