[Federal Register Volume 69, Number 197 (Wednesday, October 13, 2004)]
[Proposed Rules]
[Pages 60837-60839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22870]



[[Page 60837]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OGC-2004-0004; FRL-7826-1]


National Emission Standards for Hazardous Air Pollutants for Coke 
Ovens: Pushing, Quenching, and Battery Stacks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: On April 14, 2003, pursuant to section 112 of the Clean Air 
Act (CAA), the EPA issued national emission standards to control 
hazardous air pollutants emitted from pushing, quenching, and battery 
stacks at new and existing coke oven batteries. This proposed action 
would amend the parametric operating limits and associated compliance 
provisions for capture systems used to control emissions from pushing. 
This action also would amend the requirements for mobile scrubber cars 
that capture emissions which occur during pushing and travel.
    In the Rules and Regulations section of this Federal Register, we 
are issuing the amendments as a direct final rule. We are making the 
amendments as a direct final rule without prior proposal because we 
view the amendments as noncontroversial and anticipate no adverse 
comments. We have explained our reasons for the amendments in the 
direct final rule.
    If we receive any significant, adverse comments on one or more 
distinct amendments in the direct final rule, we will publish a timely 
notice of withdrawal in the Federal Register informing the public which 
amendments will become effective and which amendments are being 
withdrawn due to adverse comment. We will address all public comments 
in a subsequent final rule (should we decide to issue a final rule). If 
no significant 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 
this Federal Register. For further supplementary information, see the 
direct final rule.

DATES: Comments. Comments must be received on or before November 12, 
2004, unless a hearing is held. If a hearing is held, comments must be 
received on or before November 29, 2004.

ADDRESSES: Submit your comments, identified by Docket ID No. OGC-2004-
0004, 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 on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-1741.
     Mail: Proposed Settlement Agreement in AISI/ACCCI Coke 
Oven Environmental Task Force vs. U.S. EPA, No. 03-1167 (D.C. Cir.) 
Docket, Environmental Protection Agency, Mailcode: 6102T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of 
two copies.
     Hand Delivery: Environmental Protection Agency, 1301 
Constitution Avenue, NW., Room B102, Washington, DC. 20460. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. OGC-2004-0004. 
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 Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov websites 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.
    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 information, 
such as copyrighted materials, 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 form at the Proposed Settlement Agreement in AISI/ACCCI Coke Oven 
Environmental Task Force vs. U.S. EPA, No. 03-1167 (DC Cir.) Docket, 
Docket ID No. OGC-2004-0004, EPA/DC, EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. 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 Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: Ms. Lula Melton, Emission Standards 
Division, Office of Air Quality Planning and Standards (C439-02), 
Environmental Protection Agency, Research Triangle Park, NC 27711, 
telephone number (919) 541-2910, fax number (919) 541-3207, e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply To Me?

    Categories and entities potentially regulated by this action 
include:

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                                                   Examples of regulated
           Category              NAICS code \1\          entities
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Industry......................    331111, 324199  Coke plants and
                                                   integrated iron and
                                                   steel mills.
Federal government............  ................  Not affected.

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State/local/tribal government.  ................  Not affected.
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\1\ 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 regulated by this 
action. To determine whether your facility would be regulated by this 
action, you should examine the applicability criteria in Sec.  63.7281 
of the national emission standards for coke ovens: Pushing, quenching, 
and battery stacks. 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?

    Do not submit information containing CBI to EPA through EDOCKET, 
regulations.gov or e-mail. Send or deliver information identified as 
CBI only to the following address: Roberto Morales, OAQPS Document 
Control Officer (C404-02), U.S. EPA, Research Triangle Park, NC 27711, 
Attention Docket ID No. OGC-2004-0004. 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 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.

C. Where Can I Get a Copy of This Document and Other Related 
Information?

    In addition to being available in the docket, an electronic copy of 
today's proposed amendments is also available on the Worldwide Web 
(WWW) through the Technology Transfer Network (TTN). Following the 
Administrator's signature, a copy of the proposed amendments will be 
placed 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.

D. Will There Be a Public Hearing?

    If anyone contacts the EPA requesting to speak at a public hearing 
by October 25, 2004, a public hearing will be held on October 27, 2004. 
If a public hearing is requested, 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.

II. Statutory and Executive Order Reviews

    For information regarding other statutory and executive order 
reviews associated with this action, please see the direct final rule 
located in the Rules and Regulations section of today's Federal 
Register.

A. Paperwork Reduction Act

    The proposed action does not impose any new information collection 
burden. The costs of the information collection requirements associated 
with the new operating limit and operation and maintenance plan 
provisions related to the settlement agreement do not increase the 
existing burden estimates for the final rule. The Office of Management 
and Budget (OMB) has previously approved the information collection 
requirements contained in the existing rule (40 CFR part 63, subpart 
CCCCC) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq. and has assigned OMB control number 2060-0521, EPA ICR 
number 1995.02. A copy of the approved Information Collection Request 
(ICR) may be obtained from Susan Auby, Collection Strategies Division, 
U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., 
NW., Washington, DC 20460 or by calling (202) 566-1672.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR part 63 are listed in 40 CFR part 9.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act 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 not-for-profit 
enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of today's proposed 
amendments on small entities, small entity is defined as: (1) A small 
business according to U.S. Small Business Administration size standards 
for NAICS codes 331111 and 324199 ranging from 500 to 1,000 employees; 
(2) a government jurisdiction that is a government of a city, county, 
town, school district or special district with a population of less 
than 50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and that is not 
dominant in its field.
    After considering the economic impacts of today's proposed 
amendments on small entities, I certify that this action will not have 
a significant economic impact on a substantial number of small 
entities. In determining whether a rule has a significant economic 
impact on a substantial number of small entities, the impact of concern 
is any significant adverse impact on small entities, since the primary 
purpose of the regulatory flexibility analyses is to identify and 
address regulatory alternatives which minimize any significant economic 
impact of the proposed rule on small entities (5 U.S.C. 603-604). Thus, 
an agency may certify that a rule will not have a significant economic 
impact on a substantial number of small entities if

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the rule relieves regulatory burden, or otherwise has a positive effect 
on the small entities subject to the rule. The proposed amendments make 
improvements to the existing standards by adding new compliance options 
for monitoring of capture systems operating parameters and by adding 
provisions for a type of control system not covered by the existing 
standards. We have, therefore, concluded that today's proposed 
amendments will have no adverse impacts on any small entities and may 
relieve burden in some cases.
    Although the proposed rule amendments will not have a significant 
economic impact on a substantial number of small entities, we 
nonetheless tried to reduce the impact of the proposed amendments on 
small entities. We held meetings with the petitioners to discuss the 
proposed amendments related to the settlement agreement and have 
included provisions that address their concerns. We continue to be 
interested in the potential impacts of the proposed amendments on small 
entities and welcome comments on issues related to such impacts.

List of Subjects in 40 CFR Part 63

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

    Dated: October 4, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-22870 Filed 10-12-04; 8:45 am]
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