[Federal Register Volume 68, Number 181 (Thursday, September 18, 2003)]
[Proposed Rules]
[Pages 54794-54796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23847]



  Federal Register / Vol. 68, No. 181 / Thursday, September 18, 2003 / 
Proposed Rules  

[[Page 54794]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 61

[OAR-2002-0082, FRL-7561-1]


National Emission Standards for Hazardous Air Pollutants for 
Asbestos

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

-----------------------------------------------------------------------

SUMMARY: On November 20, 1990, the EPA issued national emission 
standards for hazardous air pollutants (NESHAP) for asbestos under 
section 112 of the Clean Air Act (CAA). This action would amend the 
citation for labeling containers of asbestos waste materials, based on 
requirements in the Occupational Safety and Health Administration 
(OSHA) asbestos standard for the construction industry for proper 
labeling of asbestos waste. The amendments are being made to correctly 
cite the appropriate numbering of the provisions in the OSHA 
regulations.
    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 significant adverse 
comments, we will take no further action on the proposed amendments. If 
we receive significant adverse comments, we will withdraw only those 
provisions on which we received significant adverse comments. We will 
publish a timely withdrawal in the Federal Register indicating which 
provisions will become effective and which provisions are being 
withdrawn. 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Regulations section of today's Federal Register is withdrawn, all 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 those provisions will be addressed in a 
subsequent final rule 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.

DATES: Comments. We must receive written comments on or before October 
20, 2003, unless a hearing is requested by September 29, 2003. If a 
timely hearing request is submitted, we must receive written comments 
on or before November 3, 2003.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in 
duplicate, if possible) to: Air and Radiation Docket Center (6102T), 
EPA West, Room B-108, 1200 Pennsylvania Avenue, NW., Washington, DC 
20460. In person or by courier, deliver comments (in duplicate, if 
possible) to: Air and Radiation Docket Center, Attention Docket Number 
OAR-2002-0082, U.S. EPA, 1301 Constitution Avenue, NW., Room B-108, 
Washington, DC 20460. We request that a separate copy of each public 
comment also be sent to the contact person listed below (see FOR 
FURTHER INFORMATION CONTACT).
    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, North 
Carolina or at an alternate site nearby.
    Docket. Docket ID No. OAR-2002-0082 contains supporting information 
used in developing the proposed amendments. The docket is located at 
the U.S. EPA, 1301 Constitution Avenue, NW., Washington, DC 20460, Room 
B-108, and may be inspected from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Fairchild, U.S. EPA, 
Minerals and Inorganic Chemicals Group, Emissions Standards Division 
(Mail Code C504-05), Office of Air Quality Planning and Standards, 
Research Triangle Park, NC 27711, telephone number (919) 541-5167, 
electronic mail address, [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. Entities potentially 
regulated by this action are owners and operators of: asbestos mills, 
fabricating and manufacturing operations that involve asbestos or 
asbestos-containing products, demolition and renovation operations 
involving asbestos-containing building materials, operations in which 
asbestos-containing materials are spray applied, and active and 
inactive asbestos waste disposal sites.
    Categories and entities potentially regulated by this action 
include those listed in the following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Category                         NAICS                                   Examples of Regulated Entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Industrial......................................           23  Construction.
Industrial......................................        23594  Wrecking and Demolition Contractors.
Industrial......................................       562112  Hazardous Waste Collection.
Industrial......................................       562211  Hazardous Waste Treatment and Disposal.
Industrial......................................         5629  Remediation and Other Waste Management Services.
Industrial......................................        56191  Packaging and Labeling Services.
Industrial......................................       332992  Small Arms Ammunition Manufacturing.
Industrial......................................        33634  Motor Vehicle Systems Manufacturing.
Industrial......................................          327  Nonmetallic Mineral Product Manufacturing.
Industrial......................................         3279  Other Nonmetallic Mineral Product Manufacturing.
Industrial......................................        32791  Abrasive Product Manufacturing.
Industrial......................................        32799  All Other Nonmetallic Mineral Product Manufacturing.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 Sec.  61.140 of the 
final rule. 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.
    Docket. EPA has established an official public docket for this 
action under Docket ID Number OAR-2002-0082. The official public docket 
is the collection of materials that is available for public viewing at 
U.S. EPA, 1301 Constitution Avenue, NW., Room B-108, Washington, DC 
20460. The EPA Docket Center 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 Reading Room is (202) 566-1744. The telephone 
number for the Air Docket is (202) 566-1742.
    Electronic Access. An electronic version of the public docket is 
available through EPA's electronic public docket and comment system, 
EPA Dockets. You may use EPA Dockets at http://

[[Page 54795]]

www.epa.gov/edocket/ to submit or view public comments, access the 
index of the contents of the official public docket, and access those 
documents in the public docket that are available electronically. Once 
in the system, select ``search'' and key in the appropriate docket 
identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as confidential business information (CBI) and 
other information whose disclosure is restricted by statute, which is 
not included in the official public docket, will not be available for 
public viewing in EPA's electronic public docket. The EPA's policy is 
that copyrighted material will not be placed in EPA's electronic public 
docket but will be available only in printed, paper form in the 
official public docket. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket material through the docket facility identified in 
this document.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available to public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statue. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.
    You may submit comments electronically, by mail, by facsimile, or 
through hand delivery/courier. To ensure proper receipt by EPA, 
identify the appropriate docket identification number in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked late. The 
EPA is not required to consider these late comments.
    Electronically. If you submit an electronic comment as prescribed 
below, EPA recommends that you include your name, mailing address, and 
an e-mail address or other contact information in the body of your 
comment. Also include this contact information on the outside of any 
disk or CD ROM you submit, and in any cover letter accompanying the 
disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. The EPA's policy is that 
EPA will not edit your comment, and any identifying or contact 
information provided in the body of a comment will be included as part 
of the comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. 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.
    Your use of EPA's electronic public docket to submit comments to 
EPA electronically is EPA's preferred method for receiving comments. Go 
directly to EPA Dockets at http://www.epa.gov/edocket, and follow the 
online instructions for submitting comments. Once in the system, select 
``search'' and then key in Docket ID No. OAR-2002-0082. The system is 
an anonymous access system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    Comments may be sent by electronic mail (e-mail) to [email protected], Attention: Docket ID No. OAR-2002-0082. In contrast to 
EPA's electronic public docket, EPA's e-mail system is not an anonymous 
access system. If you send an e-mail comment directly to the Docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    You may submit comments on a disk or CD ROM that you mail to the 
mailing address identified in this document. These electronic 
submissions will be accepted in WordPerfect or ASCII file format. Avoid 
the use of special characters and any form of encryption.
    By Mail. Send your comments (in duplicate, if possible) to: EPA 
Docket Center (6102T), Attention: Docket ID No. OAR-2002-0082, U.S. 
EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
    By Hand Delivery or Courier. Deliver your comments (in duplicate, 
if possible) to: Air and radiation Docket, Attention Docket ID No. OAR-
2002-0082, U.S. EPA, 1301 Constitution Avenue, NW., Room B-108, 
Washington, DC 20460. Such deliveries are only accepted during the 
Docket's normal hours of operation as identified in this document. We 
request that a separate copy also be sent to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    By Facsimile. Fax your comments to: (202) 566-1741, Attention 
Docket ID No. OAR-2002-0082.
    CBI. Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. 
Send or deliver information identified as CBI only to the following 
address: OAQPS Document Control Office (C404-02), Attention: Ms. Susan 
Fairchild, U.S. EPA, 109 TW Alexander Drive, Research Triangle Park, NC 
27711, Attention Docket ID No. OAR-2002-0082. You may claim information 
that you submit to EPA as CBI by marking any part or all of that 
information as CBI (if you submit CBI on disk or CD ROM, 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 CBI). 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Mrs. 
Pamela Garrett, Minerals and Inorganic Chemicals Group, Emission 
Standards Division (C504-05), Research Triangle Park, NC 27711, 
telephone number (919) 541-7966, at least two days in advance of the 
potential date of the public hearing. Persons interested in attending 
the public hearing must also call Mrs. Garrett 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.
    In addition to one complete version of the comment that includes 
any 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

[[Page 54796]]

docket and EPA's electronic public docket. If you submit the copy that 
does not contain CBI on disk or CD ROM clearly that is does not contain 
CBI. Information not marked as CBI will be included in the public 
docket and EPA's electronic public docket without prior notice. If you 
have any questions about CBI or the procedures for claiming CBI, please 
consult the person identified in the FOR FURTHER INFORMATION CONTACT 
section.
    Worldwide Web (www). In addition to being available in the docket, 
an electronic copy of this action will also be available through the 
WWW. Following 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: 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. If more information regarding the TTN 
is needed, call the TTN HELP line at (919) 541-5384.
    Direct Final Rule. A direct final rule identical to the proposal is 
published in the Rules and Regulations section of today's Federal 
Register. If we receive any significant adverse comment pertaining to 
the amendments in the proposal, we will publish a timely notice in the 
Federal Register informing the public that the amendments are being 
withdrawn due to adverse comment. We will address all public comments 
concerning the withdrawn amendments in a subsequent final rule. 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 Rules and Regulations section of 
today's Federal Register. For further supplementary information, the 
detailed rationale for the proposal and the regulatory revisions, see 
the direct final rule published in a separate part of this Federal 
Register.

Statutory and Executive Order Reviews

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as Amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq., 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 impacts of today's proposed rule 
amendments on small entities, a small entity is defined as: (1) A small 
business whose parent company has fewer than 750 employees; (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; or (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, we certify that this action will not have 
a significant economic impact on a substantial number of small 
entities. We believe there will be little or no impact on small 
entities because the purpose of today's proposed amendments is to 
update the rule with the correct OSHA labeling citations, and the 
amendments would not impose new requirements or compliance costs on 
industry.
    For information regarding other administrative requirements for 
this action, please see the direct final rule located in the Rules and 
Regulations section of today's Federal Register.

List of Subjects in 40 CFR Part 61

    Environmental protection, Air pollution control, Hazardous 
substances.

    Dated: September 12, 2003.
Marianne L. Horinko,
Acting Administrator.
[FR Doc. 03-23847 Filed 9-17-03; 8:45 am]
BILLING CODE 6560-50-P