

[Federal Register: December 22, 2006 (Volume 71, Number 246)]
[Proposed Rules]               
[Page 76956-76958]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de06-23]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0093; FRL-8260-6]
RIN 2060-AN10

 
National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Automobiles and Light-Duty Trucks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On April 26, 2004, EPA issued the National Emission Standards 
for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-
Duty Trucks (Automobiles and Light-Duty Trucks NESHAP) under section 
112(d) of the Clean Air Act. We are proposing to amend the final rule 
to provide the option of including surface coating of heavier motor 
vehicles under this rule. This action also proposes to amend the 
National Emission Standards for Hazardous Air Pollutants for Surface

[[Page 76957]]

Coating of Miscellaneous Metal Parts and Products (Miscellaneous Metal 
Parts NESHAP) and the National Emission Standards for Hazardous Air 
Pollutants for Surface Coating of Plastic Parts and Products (Plastic 
Parts NESHAP) to maintain consistency between these rules and the 
Automobiles and Light-Duty Trucks NESHAP. These proposed amendments 
appear in the Rules and Regulations Section of this Federal Register as 
a direct final rule.

DATES: Comments. Written comments must be received on or before January 
22, 2007 unless a public hearing is requested by January 2, 2007. If a 
public hearing is requested, written comments must be received on or 
before February 5, 2007.
    Public Hearing. If anyone contacts EPA requesting to speak at a 
public hearing, a public hearing will be held on January 8, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0093, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 

instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov and salman.dave@epa.gov.

     Fax: (202) 566-1741 and (919) 541-0246.
     Mail: U.S. Postal Service, send comments to: Air and 
Radiation Docket (6102T), 1200 Pennsylvania Avenue, NW., Washington, DC 
20460. Please include a total of two copies.
     Hand Delivery: In person or by courier, deliver comments 
to: Air and Radiation Docket (6102T), EPA West, Room B-102, 1301 
Constitution Avenue, NW., 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. EPA-HQ-OAR-
2002-0093. 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.regulations.gov, 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 http://www.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. EPA-HQ-OAR-2004-0441, Research 
Triangle Park, NC 27711. Clearly mark the part or all of the 
information that you claim to be CBI.
    The http://www.regulations.gov Web site is an ``anonymous access'' system, 

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 http://www.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 the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air and Radiation 

Docket, Docket ID No. EPA-HQ-QAR-2002-0093, EPA West, Room B-102, 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.

    Note: The EPA Docket Center suffered damage due to flooding 
during the last week of June 2006. The Docket Center is continuing 
to operate. However, during the cleanup, there will be temporary 
changes to Docket Center telephone numbers, addresses, and hours of 
operation for people who wish to make hand deliveries or visit the 
Public Reading Room to view documents. Consult EPA's Federal 
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at 
http://www.epa.gov/epahome/dockets.htm for current information on docket 

operations, locations, and telephone numbers. The Docket Center's 
mailing address for U.S. mail and the procedure for submitting 
comments to http://www.regulations.gov are not affected by the flooding and 

will remain the same.


    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, NC, or at an alternate site nearby.

FOR FURTHER INFORMATION CONTACT: For further information contact Mr. 
David Salman, EPA, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, Coatings and Chemicals Group (E143-01), 
Research Triangle Park, NC 27711; telephone number (919) 541-0859; fax 
number (919) 541-0246; e-mail address: salman.dave@epa.gov.

SUPPLEMENTARY INFORMATION: 
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

------------------------------------------------------------------------
                                 NAICS*       Examples of potentially
           Category               code          regulated entities
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Industry.....................     336111  Automobile manufacturing.
                                  336112  Light truck and utility
                                           vehicle manufacturing.
                                  336211  Motor vehicle body
                                           manufacturing.
                                  336120  Heavy duty truck
                                           manufacturing.
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* 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 of the rule. 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 information which you claim to be CBI 
to EPA through http://www.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.

[[Page 76958]]

Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. 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.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Mr. 
David Salman, EPA, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, Coatings and Chemicals Group (E143-01), 
Research Triangle Park, NC 27711, telephone number (919) 541-0859, e-
mail address: salman.dave@epa.gov, at least 2 days in advance of the 
potential date of the public hearing. Persons interested in attending 
the public hearing must also call Mr. Salman 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.
    World Wide 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 this proposal 
is 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.
    We are taking direct final action because we view the amendments as 
noncontroversial and anticipate no adverse comments. We have explained 
our reasons for the amendments in the preamble to the direct final 
rule. If we receive no material adverse comments, we will take no 
further action on the proposed rule. If we receive material adverse 
comments, we will withdraw only the amendments, sections, or paragraphs 
of the direct final rule on which we received material adverse 
comments. We will publish a timely withdrawal in the Federal Register 
indicating which will become effective and which 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 rule. We will not institute a second comment 
period on today's proposed rule. Any parties interested in commenting 
must do so at this time.

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 
amendments on small entities, a small entity is defined as: (1) A small 
business according to Small Business Administration size standards for 
companies identified by NAICS codes 336111 (automobile manufacturing) 
and 336112 (light truck and utility vehicle manufacturing) with 1,000 
or fewer employees; (2) a small governmental jurisdiction that is a 
government or 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 is not dominant in its field. Based on the above 
definition, there are no small entities presently engaged in automobile 
and light-duty truck surface coating.
    After considering the economic impacts of today's proposed rule 
amendments on small entities, I certify that this action will not have 
a significant economic impact on a substantial number of small 
entities. This is based on the observation that the final rule affects 
no small entities since none are engaged in the surface coating of 
automobiles and light-duty trucks. We continue to be interested in the 
potential impacts of the proposed rule 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: December 18, 2006.
Stephen L. Johnson,
Administrator.
 [FR Doc. E6-21974 Filed 12-21-06; 8:45 am]

BILLING CODE 6560-50-P
