

[Federal Register: January 6, 2006 (Volume 71, Number 4)]
[Proposed Rules]               
[Page 1386-1387]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ja06-13]                         



[[Page 1386]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0005; FRL-8018-8]
RIN 2060-AM28

 
National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Metal Cans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: On November 13, 2003, EPA issued national emission standards 
for hazardous air pollutants (NESHAP) for surface coating of metal cans 
under section 112 of the Clean Air Act (CAA). This action proposes to 
amend the final rule to correct errors and clarify sections of the 
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 amendments in the 
preamble to the direct final rule. If we receive no adverse comments, 
the changes set forth in the direct final action will become effective 
and 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amendments are being withdrawn due to adverse comment.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 
today's Federal Register is withdrawn, all comments pertaining to the 
amendments will be addressed in a subsequent final rule based on these 
proposed amendments. We will not institute a second comment period on 
the subsequent final rule. Any parties interested in commenting must do 
so at this time.

DATES: Comments. Written comments must be received on or before 
February 6, 2006 unless a public hearing is requested. If requested by 
January 23, 2006, a hearing will be held on February 6, 2006 and the 
comment period will be extended until March 7, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2003-
0005, 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 almodovar.paul@epa.gov.

     Fax: (202) 566-1741 and (919) 541-5689.
     Mail: U.S. Postal Service, send comments to: EPA Docket 
Center (6102T), Attention Docket ID No. OAR-2003-0005, 1200 
Pennsylvania Ave., NW., Washington, DC 20460. 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).
     Hand Delivery: In person or by courier, deliver comments 
to: EPA Docket Center (6102T), Attention Docket ID No. OAR-2003-0005, 
1301 Constitution Ave., 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-2003-0005. 
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-2003-0005, 
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 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. 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-
2003-0005, EPA West Building, 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. A reasonable fee 
may be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: For further information, contact Mr. 
Paul Almodovar, EPA, Office of Air Quality Planning and Standards, 
Emission Standards Division, Coatings and Consumer Products Group 
(C539-03), Research Triangle Park, NC 27711; telephone number (919) 
541-0283; fax number (919) 541-5689; e-mail address: 
almodovar.paul@epa.gov.


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

[[Page 1387]]



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                                                   Examples of regulated
           Category                NAICS* Code           entities
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Industry......................            332431  Two piece beverage can
                                                   facilities.
                                          332431  Three piece food can
                                          332115   facilities, two piece
                                          332116   D&I facilities, one
                                          332812   piece aerosol can
                                          332999   facilities, etc.
                                          332431  Can assembly
                                                   facilities.
                                          332431  End manufacturing
                                          332812   facilities.
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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 in 40 CFR 63.3481 and 40 
CFR 63.3482 of the Metal Can NESHAP (68 FR 64432, November 13, 2003). 
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 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 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    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 at 
an alternate site nearby. Persons interested in presenting oral 
testimony or inquiring as to whether a hearing is to be held should 
contact Ms. Janet Eck, EPA, Office of Air Quality Planning and 
Standards, Emission Standards Division, Coatings and Consumer Products 
Group (C539-03), Research Triangle Park, NC 27711, telephone number 
(919) 541-7946, e-mail address: eck.janet@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 Ms. Eck 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: //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.

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 technical 
amendments on small entities, a small entity is defined as: (1) A small 
business ranging from 500 to 1,000 employees as defined by the Small 
Business Administration's size standards; (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 which 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 will not impose 
any new requirements on small 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.
    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.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: December 29, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 06-68 Filed 1-5-06; 8:45 am]

BILLING CODE 6560-50-P
