[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Proposed Rules]
[Page 31653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13175]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[FRL-7490-5]


Approval of the Clean Air Act, Section 112(l), Authority for 
Hazardous Air Pollutants: Management and Control of Asbestos Disposal 
Sites Not Operated After July 9, 1981: State of New Hampshire 
Department of Environmental Services

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to approve New Hampshire Department of 
Environmental Services' (NHDES) request to implement and enforce its 
regulation entitled ``Management and Control of Asbestos Disposal Sites 
Not Operated After July 9, 1981'' in lieu of the National Emission 
Standard for Asbestos (Asbestos NESHAP) as it applies to certain 
inactive waste disposal sites. Approval of this request would make 
NHDES' rules Federally enforceable and would apply only to those 
inactive waste disposal sites not operating after July 9, 1981, which 
are subject to the Asbestos NESHAP (i.e., sites operated by certain 
asbestos mills, manufacturers, and fabricating facilities). NHDES' 
request seeks no change in delegation relative to inactive asbestos 
waste disposal sites operating after July 9, 1981 (i.e., NHDES will 
continue to regulate such facilities according to the Asbestos NESHAP).
    In the final rules section of this Federal Register, EPA is 
approving NHDES' request as a direct final rule without prior proposal 
because the Agency views this as a noncontroversial action and 
anticipates no relevant adverse comments. A detailed rationale for the 
approval is set forth in the direct final rule. If no relevant adverse 
comments are received in response to this action, EPA will take action 
on this proposed rule. If the EPA receives relevant adverse comments, 
EPA will withdraw the direct final rule and it will not take effect. 
EPA will then address all public comments received in a subsequent 
final rule based on this proposed rule. The EPA will not institute a 
second comment period in this action.

DATES: Written comments must be received on or before June 27, 2003.

ADDRESSES: Written comments should be mailed concurrently to the 
addresses below: Steven Rapp, Chief, Air Permits, Toxics, and Indoor 
Programs Unit (CAP), U.S. Environmental Protection Agency, Region I, 
One Congress Street, Suite 1100, Boston, MA 02114 and Philip J. 
O'Brien, PhD, Director, Waste Management Division, New Hampshire 
Department of Environmental Services, 6 Hazen Drive, P.O. Box 95, 
Concord, NH 03302-0095. Copies of the requests for approval are 
available for public inspection at EPA's Region I Office, Air Permits, 
Toxics, and Indoor Programs Unit, during normal business hours.

FOR FURTHER INFORMATION CONTACT: Ida McDonnell, Air Permits, Toxics, 
and Indoor Programs Unit, U.S. EPA Region I, One Congress St., Suite 
1100 (CAP), Boston, MA 02114, (617) 918-1653.

SUPPLEMENTARY INFORMATION: In the final rules section of this Federal 
Register, EPA is approving the State's submittal as a direct final rule 
without prior proposal because the Agency views this as a 
noncontroversial submittal and anticipates no adverse comments. A 
detailed rationale for the approval is set forth in the direct final 
rule. If no adverse comments are received in response to this action 
rule, no further activity is contemplated. If EPA receives adverse 
comments, the direct final rule will be withdrawn and all public 
comments received will be addressed in a subsequent final rule based on 
this proposed rule. EPA will not institute a second comment period. Any 
parties interested in commenting on this action should do so at this 
time. Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.
    For additional information, see the direct final rule which is 
located in the rules section of this Federal Register.

    Dated: April 15, 2003.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. 03-13175 Filed 5-27-03; 8:45 am]
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