

[Federal Register: December 19, 2005 (Volume 70, Number 242)]
[Proposed Rules]               
[Page 75096-75098]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de05-28]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-8009-4]

 
NESHAP: National Emission Standards for Hazardous Air Pollutants: 
Standards for Hazardous Air Pollutants for Hazardous Waste Combustors

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: EPA is proposing amendments to the national emissions 
standards for hazardous air pollutants (NESHAP) for hazardous waste 
combustors which were issued October 12, 2005, under section 112 of the 
Clean Air Act. In that rule, we inadvertently included three new or 
revised bag leak detection system requirements for Phase I sources--
incinerators, cement kilns, and lightweight aggregate kilns--among 
implementation requirements taking effect on December 12, 2005, rather 
than, as intended, after three years when the sources begin complying 
with the revised emission standards under the NESHAP for hazardous 
waste combustors. We intended to establish the compliance date for 
these provisions three years after promulgation--October 14, 2008--
because the provisions establish more stringent requirements for Phase 
I sources, which cannot readily be complied with on short notice, and 
because these provisions are inextricably tied to the revised emissions 
standards.

DATES: Comments. Written comments must be received by January 18, 2006, 
unless a public hearing is requested by December 29, 2005. If a hearing 
is requested, written comments must be received by February 2, 2006. 
Public Hearing. If anyone contacts EPA requesting to speak at a public 
hearing by December 29, 2005, we will hold a public hearing on January 
3, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0022, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Email: a-and-r-docket@epa.gov and behan.frank@epa.gov.

     Fax: 202-566-1741.
     Mail: U.S. Postal Service, send comments to: HQ EPA Docket 
Center (6102T), Attention Docket ID No. EPA-HQ-OAR-2004-0022, 1200 
Pennsylvania Avenue, 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: HQ EPA Docket Center (6102T), Attention Docket ID No. EPA-HQ-OAR-
2004-0022, 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. EPA-HQ-OAR-
2004-0022. 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://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-2004-0022, 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 HQ EPA Docket 

Center, Docket ID No. EPA-HQ-OAR-2004-0022, EPA West Building, Room B-
102, 1301 Constitution Ave., NW., Washington, DC 20004. This Docket 
Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The HQ EPA Docket Center telephone number is 
(202) 566-1742. 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

[[Page 75097]]

Reading Room is (202) 566-1744. A reasonable fee may be charged for 
copying docket materials.
    Public Hearing. If a public is requested, it will be held at 10 
a.m. at EPA's Crystal Station office building, 2800 Crystal Drive, 
Arlington, Virginia, or at an alternate site in the Washington DC 
metropolitan area. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Mr. 
Frank Behan, EPA, at telephone number (703) 308-8476 or at e-mail 
address: behan.frank@epa.gov, at least two days in advance of the 
potential date of the public hearing. Persons interested in attending 
the public hearing must also call Mr. Behan to verify the time, date, 
and location of the hearing.

FOR FURTHER INFORMATION CONTACT: For more information on this 
rulemaking, contact Frank Behan at (703) 308-8476, or 
behan.frank@epa.gov, Office of Solid Waste (MC: 5302W), U.S. 

Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.

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

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                                                                              Examples of potentially  regulated
                  Category                     NAICS code       SIC code                   entities
----------------------------------------------------------------------------------------------------------------
Any industry that combusts hazardous waste           562211            4953  Incinerator, hazardous waste.
 as defined in the final rule.
                                                     327310            3241  Cement manufacturing, clinker
                                                                              production.
                                                     327992            3295  Ground or treated mineral and earth
                                                                              manufacturing.
                                                        325              28  Chemical Manufacturers.
                                                        324              29  Petroleum Refiners.
                                                        331              33  Primary Aluminum.
                                                        333              38  Photographic equipment and
                                                                              supplies.
                                              488, 561, 562              49  Sanitary Services, N.E.C.
                                                        421              50  Scrap and waste materials.
                                                        422              51  Chemical and Allied Products,
                                                                              N.E.C.
                                             512, 541, 561,              73  Business Services, N.E.C.
                                                        812              89  Services, N.E.C.
                                             512, 514, 541,              95  Air, Water and Solid Waste
                                                        711                   Management.
                                                        924
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists examples of the types of entities EPA is now 
aware could potentially be regulated by this action. Other types of 
entities not listed could also be affected. To determine whether your 
facility, company, business, organization, etc., is regulated by this 
action, you should examine the applicability criteria in 40 CFR 
63.1200. 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.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's direct final rule will also be available 
on the WWW at http://www.epa.gov/hwcmact.

    Direct 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 adverse comments. We have explained our reasons for the 
proposed amendments 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 comments, we will 
withdraw the amendments. We will publish a timely withdrawal in the 
Federal Register indicating that the amendments are being withdrawn. If 
the direct final rule amendments in the Rules and Regulations section 
of this Federal Register are withdrawn, all comments 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. 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 that action.
    The regulatory text for the proposal is identical to that for the 
direct final rule published in the Rule and Regulations section of this 
Federal Register. For further supplementary information, see the direct 
final rule.
    Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

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

[[Page 75098]]

include small businesses, small organizations, and small governmental 
jurisdictions.
    For purposes of assessing the impact of today's amendments on small 
entities, a small entity is defined as: (1) A small business as defined 
by the Small Business Administrations' regulations at 13 CFR 121.201; 
(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 the field.
    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 action does not create any new regulatory requirements. 
Rather, they continue to apply existing requirements by delaying the 
compliance date for new or more stringent requirements. 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, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: December 12, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 05-24199 Filed 12-16-05; 8:45 am]

BILLING CODE 6560-50-P
