[Federal Register Volume 61, Number 118 (Tuesday, June 18, 1996)]
[Proposed Rules]
[Pages 30846-30847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15440]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5521-6]
RIN 2060-AD98


National Emission Standards for Hazardous Air Pollutants for 
Shipbuilding and Ship Repair (Surface Coating) Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes to revise the compliance date for the 
``National Emission Standards For Hazardous Air Pollutants For 
Shipbuilding and Ship Repair (Surface Coating) Operations'' to December 
16, 1997. This action also proposes to extend the June 13, 1996 
deadline for submittal of implementation plans to December 16, 1996, 
and to remove the requirement for approval of implementation plans by 
the EPA. Because the revisions primarily change the date for submittal 
of an implementation plan and extend the compliance date to allow 
better coordination with the control techniques guidelines (CTG) that 
EPA plans to publish in the near future, the EPA does not anticipate 
receiving adverse comments. Consequently, the revisions are also being 
issued as a direct final rule in the final rules section of this 
Federal Register. If no significant and timely adverse comments are 
received, no further action will be taken with respect to this proposal 
and the direct final rule will become final on the date provided in 
that action.

DATES: Comments. Comments must be received on or before July 18, 1996, 
unless a hearing is requested by June 28, 1996. If a hearing is 
requested, written comments must be received by August 2, 1996.
    Public Hearing. Anyone requesting a public hearing must contact the 
EPA no later than June 28, 1996. If a hearing is held, it will take 
place on July 3, 1996, beginning at 10:00 a.m.

ADDRESSES: Comments. Comments should be submitted to: Air and Radiation 
Docket and Information Center (6102), Attention Docket Number A-92-11 
(see docket section below), Room M-1500, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, D.C. 20460.
    Public Hearing. If a public hearing is held, it will be held at the 
EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina. Persons interested in attending the hearing or wishing 
to present oral testimony should notify Mrs. Janet Eck, U.S. 
Environmental Protection Agency, Research Triangle Park, N.C. 27711, 
telephone (919) 541-7946.
    Docket. Docket No. A-92-11, containing the supporting information 
for the original NESHAP and this action, is available for public 
inspection and copying between 8:00 a.m. and 5:30 p.m., Monday through 
Friday, at the EPA's Air and Radiation Docket and Information Center, 
Waterside Mall, Room M-1500, first floor, 401 M Street SW, Washington, 
DC 20460, or by calling (202) 260-7548 or 260-7549. A reasonable fee 
may be charged for copying.

[[Page 30847]]

FOR FURTHER INFORMATION CONTACT: Dr. Mohamed Serageldin, Emission 
Standards Division (MD-13), U.S. Environmental Protection Agency, 
Office of Air Quality Planning and Standards, Research Triangle Park, 
North Carolina 27711, telephone number (919) 541-2379.

SUPPLEMENTARY INFORMATION:

    Regulated Entities. The regulated category and entities affected by 
this action include:

------------------------------------------------------------------------
             Category                  Examples of regulated  entities  
------------------------------------------------------------------------
Industry..........................  Facilities that build, repair,      
                                     repaint, convert, or alter ships.  
                                     The term ship means any marine or  
                                     fresh-water vessel, including self-
                                     propelled vessels, those propelled 
                                     by other craft (barges), and       
                                     navigational aids (buoys).         
                                    Note: An offshore oil and gas       
                                     drilling platform is not considered
                                     a ship for purposes of this        
                                     regulation.                        
Federal Govt......................  Federal Agencies which undertake    
                                     shipbuilding or repair operations  
                                     (see above) such as the Navy and   
                                     Coast guards.                      
------------------------------------------------------------------------

    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 the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility is regulated by this action, you should carefully examine 
the applicability criteria in Sec. 63.782 of the regulation. If you 
have questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    If no significant and timely adverse comments are received, no 
further activity is contemplated in relation to this proposed rule, and 
the direct final rule in the final rules section of this Federal 
Register will automatically go into effect on the date specified in 
that rule. If significant and timely adverse comments are received, the 
direct final rule will be withdrawn and all public comments received 
will be considered prior to promulgation of the final rule. Because the 
EPA will not institute a second comment period on this proposed rule, 
any parties interested in commenting should do so during this comment 
period.
    For further supplemental information, the detailed rationale, and 
the rule provisions, see the information provided in the direct final 
rule in the final rules section of this Federal Register.

Administrative Requirements

A. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated NESHAP were submitted to and approved by the Office of 
Management and Budget (OMB). A copy of this Information Collection 
Request (ICR) document (OMB control number 1414.02) may be obtained 
from Sandy Farmer, Information Policy Branch (PM-223Y); U.S. 
Environmental Protection Agency; 401 M Street, SW; Washington, DC 20460 
or by calling (202) 260-2740.
    Today's changes to the NESHAP should have no impact on the 
information collection burden estimates made previously. The changes to 
the implementation plan submittal date and the compliance date do not 
impose new requirements. Consequently, the ICR has not been revised.

B. Executive Order 12866 Review

    Under Executive Order 12866, the EPA must determine whether the 
proposed regulatory action is ``significant'' and therefore, subject to 
OMB review and the requirements of the executive order. The Order 
defines ``significant'' regulatory action as one that is likely to lead 
to a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety in State, local, or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The Shipbuilding NESHAP promulgated on December 15, 1995 was not 
considered ``significant'' under Executive Order 12866 and a regulatory 
impact analysis (RIA) was not prepared. Today's proposed revisions do 
not add any additional control or recordkeeping requirements. 
Therefore, this action is not considered to affect the decision whether 
this rule is significant.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires the identification 
of potentially adverse impacts of Federal regulations upon small 
business entities. The Act specifically requires the completion of a 
Regulatory Flexibility Analysis in those instances where small business 
impacts are possible. Because this rulemaking imposes no adverse 
economic impacts, a Regulatory Flexibility Analysis has not been 
prepared.

D. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995, the 
EPA must prepare a budgetary impact statement to accompany any proposed 
or final rule that includes a Federal mandate that may result in 
estimated costs to State, local, or tribal governments in the 
aggregate; or to the private sector, of $100 million or more. Under 
Section 205, the EPA must select the least costly, most cost-effective, 
or least burdensome alternative that achieves the objectives of the 
rule and is consistent with statutory requirements. Section 203 
requires the EPA to establish a plan for informing and advising any 
small governments that may be significantly or uniquely impacted by the 
rule.
    The EPA has determined that the action promulgated today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. Therefore, the requirements of the 
Unfunded Mandates Reform Act do not apply to this action.

List of Subjects in 40 CFR Part 63

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

    Dated: June 7, 1996.
Carol M. Browner,
Administrator.
[FR Doc. 96-15440 Filed 6-17-96; 8:45 am]
BILLING CODE 6560-50-P