[Federal Register Volume 69, Number 149 (Wednesday, August 4, 2004)]
[Proposed Rules]
[Pages 47049-47051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17779]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0014; FRL-7797-7]
RIN 2060-AM29


National Emission Standards for Hazardous Air Pollutants: 
Printing, Coating, and Dyeing of Fabrics and Other Textiles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendment.

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SUMMARY: On May 29, 2003 (68 FR 32172), EPA issued national emission 
standards for hazardous air pollutants for printing, coating, and 
dyeing of fabrics and other textiles (Fabric NESHAP) under section 112 
of the Clean Air Act (CAA). This action would amend the standards to 
clarify the applicability of the Fabric NESHAP to coating, slashing, 
dyeing, or finishing operations at synthetic fiber manufacturing 
facilities where the fibers are the final product of the facility. The 
printing, coating, and dyeing of fabrics and other textiles source 
category does not include any synthetic fiber manufacturing operations, 
and we did not intend to impose any requirements on such operations in 
the final Fabric NESHAP.
    In the Rules and Regulations section of this Federal Register, we 
are taking direct final action on the proposed amendment because we 
view the amendment as noncontroversial and anticipate no adverse 
comments. We have explained our reasons for the amendment in the direct 
final rule. If we receive no significant adverse comments, we will take 
no further action on the proposed amendment. If we receive significant 
adverse comments, we will withdraw only those provisions of the direct 
final rule 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withdrawn.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Regulations section of today's Federal Register is withdrawn, all 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 amendment. 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: We must receive written comments on or before September 3, 2004, 
unless a hearing is requested by August 16, 2004. If a timely hearing 
request is submitted, we must receive written comments on or before 
September 20, 2004.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
OAR-2003-0014 (formerly Docket No. A-97-51), by one of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the online instructions for 
submitting comments.
     E-mail: http://www.epa.gov/edocket and 
[email protected].
     Fax: (202) 566-1741 and (919) 541-5689.
     Mail: U.S. Postal Service, send comments to: HQ EPA Docket 
Center (6102T), Attention Docket Number OAR-2003-0014, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. (Please include a total 
of 2 copies.)
     Hand Delivery: In person or by courier, deliver comments 
to: HQ EPA Docket Center (6102T), Attention Docket ID Number OAR-2003-
0014, 1301 Constitution Avenue, NW., Room B-108, Washington, DC 20460. 
(Please include a total of 2 copies.)
    We request that a separate copy of each public comment also be sent 
to the contact person listed below (see FOR FURTHER INFORMATION 
CONTACT).
    Instructions: Direct your comments to Docket ID No. OAR-2003-0014. 
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.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business

[[Page 47050]]

Information (CBI) or other information whose disclosure is restricted 
by statute. Do not submit information that you consider to be CBI or 
other wise protected through EDOCKET, regulations.gov, or e-mail. The 
EPA EDOCKET and the Federal regulations.gov Web sites are ``anonymous 
access'' systems, 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 
EDOCKET or 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 
EDOCKET on-line or see the Federal Register of May 31, 2002 (67 FR 
38102).) For additional instructions on submitting comments, go to Unit 
I.B. of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the HQ EPA Docket Center, Docket ID Number OAR-2003-0014, EPA 
West, Room B102, 1301 Constitution Avenue, NW., Washington, DC 20460. 
This docket facility is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The Docket 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 Reading Room is (202) 566-1744.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Almod[oacute]var, Coatings 
and Consumer Products Group (C539-03), Emission Standards Division, 
U.S. EPA, Research Triangle Park, NC 27711; telephone number (919) 541-
0283; facsimile number (919) 541-5689; electronic mail (e-mail) 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    The source category definition includes sources that engage in the 
coating, printing, slashing, dyeing, or finishing of any fabric or 
other textile. In general, such sources are covered under the North 
American Industrial Classification System (NAICS) codes listed below. 
However, sources classified under other NAICS codes may be subject to 
the final standard if they meet the applicability criteria. Not all 
sources classified under the NAICS codes in the following table are 
subject to the final rule because some of the classifications cover 
products outside the scope of the Fabric NESHAP.
    Categories and entities potentially regulated by this action 
include:

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                   Category                       NAICS code             Examples of regulated entities
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Industry......................................           31321  Broadwoven fabric mills.
                                                         31322  Narrow fabric mills and Schiffli machine
                                                                 embroidery.
                                                        313241  Weft knit fabric mills.
                                                        313311  Broadwoven fabric finishing mills.
                                                        313312  Textile and fabric finishing (except broadwoven
                                                                 fabric) mills.
                                                        313320  Fabric coating mills.
                                                        314110  Carpet and rug mills.
                                                        326220  Rubber and plastics hoses and belting and
                                                                 manufacturing.
                                                        339991  Gasket, packing, and sealing device
                                                                 manufacturing.
Federal government............................  ..............  Not affected.
State/local/tribal government.................  ..............  Not affected.
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    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 operation is regulated by this 
action, you should examine the applicability criteria of the final rule 
(Sec.  63.4281). 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.

B. What Should I Consider as I Prepare my Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
EDOCKET, 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.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    ii. Follow direction--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.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.

[[Page 47051]]

    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.
    3. Docket Copying Costs. A reasonable fee may be charged for 
copying docket materials.
    Public Hearing. If a public hearing is held, it will be held at 10 
a.m. at the EPA's Environmental Research Center Auditorium, Research 
Triangle Park, North Carolina, or at an alternate site nearby.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the proposed rule will also be available on the 
WWW through EPA's Technology Transfer Network (TTN). Following 
signature by the EPA Administrator, a copy of the proposed rule will be 
posted on the TTN's policy and guidance page for newly proposed or 
promulgated rules at http://www.epa.gov/ttn/oarpg/. The TTN 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 amendment in the proposal, we will publish a timely notice in the 
Federal Register informing the public that the amendment are being 
withdrawn due to adverse comment. We will address all public comments 
concerning the withdrawn amendment 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 regulatory revisions, see the 
direct final rule published in a separate part of this Federal 
Register.
    Statutory and Executive Order Reviews. The Regulatory Flexibility 
Act (RFA), as amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996, 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 
amendment on small entities, a small entity is defined as: (1) A small 
business according to Small Business Administration size standards by 
NAICS code ranging from 500 to 1,000 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 impact of today's proposed rule 
amendment 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 amendment is to 
clarify the applicability of the Fabric NESHAP to coating, slashing, 
dyeing, or finishing operations at synthetic fiber manufacturing 
facilities where the fibers are the final product of the facility.
    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 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, and Reporting and recordkeeping requirements.

    Dated: July 29, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-17779 Filed 8-3-04; 8:45 am]
BILLING CODE 6560-50-P