

[Federal Register: October 18, 2007 (Volume 72, Number 201)]
[Proposed Rules]               
[Page 59067-59068]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc07-25]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2004-0022; FRL-8483-8]
RIN 2050-AG29

 
NESHAP: National Emission Standards for Hazardous Air Pollutants: 
Standards for Hazardous Waste Combustors; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Solicitation of comment on legal analysis; extension of comment 
period.

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SUMMARY: EPA is announcing that the comment period to the notice 
entitled ``NESHAP: National Emission Standards for Hazardous Air 
Pollutants: Standards for Hazardous Waste Combustors; Solicitation of 
Comment on Legal Analysis,'' published on September 27, 2007 (72 FR 
54875), is being extended until November 27, 2007. In that notice, EPA 
discusses the standards for hazardous waste combustors that were 
promulgated on October 12, 2005 (70 FR 59402), and specifically 
identifies which standards EPA believes are consistent with the Clean 
Air Act and case law, and which standards are not and need to be 
reexamined through a subsequent rulemaking. This analysis of the 
standards is being done in response to several opinions issued by the 
United States Court of Appeals for the District of Columbia Circuit 
that call into question the legality of some of the standards for 
hazardous waste combustors.

DATES: The comment period for this notice is extended from the original 
closing date of October 18, 2007 to November 27, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0022, 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.
     Fax: 202-566-1741.
     Mail: U.S. Postal Service, send comments to: Air and 
Radiation Docket (2822T), Docket ID No. EPA-HQ-OAR-2004-0022, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. Please include a total of two copies.
     Hand Delivery: In person or by courier, deliver comments 
to: HQ EPA Docket Center, Public Reading Room, EPA West, Room 3334, 
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.
    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 the 
disclosure of which 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 (see instructions below on procedures to 

submit CBI information). 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 
the disclosure of which 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, Public Reading Room, EPA West, Room 3334, 1301 
Constitution Avenue, NW., Washington, DC 20004. 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 HQ EPA Docket Center 
is (202) 566-1742. A reasonable fee may be charged for copying docket 
materials.

FOR FURTHER INFORMATION CONTACT: For more information on this notice, 
contact Frank Behan at (703) 308-8476, or behan.frank@epa.gov, Office 
of Solid Waste (5302P), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION:
    Comment Period. We are extending the comment period by 
approximately five weeks in response to several

[[Page 59068]]

entities' requests for more time to respond to the notice that was 
published on September 27, 2007 (72 FR at 54875). As a result, the 
public comment period will be extended to 60 days and will now end on 
November 27, 2007.
    Entities Potentially Affected by this Action. Categories and 
entities potentially affected by this action include:

------------------------------------------------------------------------
                                                   Potentially affected
            Category             NAICS code \a\          entities
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Petroleum and coal products                 324  Any entity that
 manufacturing.                                   combusts hazardous
                                                  waste as defined in
                                                  the final rule.
Chemical manufacturing.........             325
Cement and concrete product                3273
 manufacturing.
Other nonmetallic mineral                  3279
 product manufacturing.
Waste treatment and disposal...            5622
Remediation and other waste               5629
 management services.
------------------------------------------------------------------------
\a\ 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 impacted 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 affected 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.
    How Do I Obtain a Copy of this Document and Other Related 
Information? In addition to being available in the docket, an 
electronic copy of today's notice will also be available on the World 
Wide Web (WWW). Following the Administrator's signature, a copy of this 
document may be posted on the WWW at http://www.epa.gov/hwcmact. This 

Web site also provides other information related to the NESHAP for 
hazardous waste combustors including the final rule issued on October 
12, 2005 (70 FR 59402) and the notice published on September 27, 2007 
(72 FR 54875).
    How Do I Submit Comments That Include Confidential Business 
Information (CBI)? Do not submit CBI information 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. 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. Send or deliver information 
identified as CBI to only the following address: Ms. LaShan Haynes, 
RCRA Document Control Officer, EPA (Mail Code 5305P), Attention Docket 
ID No. EPA-HQ-OAR-2004-0022, 1200 Pennsylvania Avenue, Washington DC 
20460.

List of Subjects in 40 CFR Part 63

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

    Dated: October 9, 2007.
Matt Hale,
Director, Office of Solid Waste.
[FR Doc. E7-20596 Filed 10-17-07; 8:45 am]

BILLING CODE 6560-50-P
