[Federal Register Volume 70, Number 6 (Monday, January 10, 2005)]
[Rules and Regulations]
[Pages 1670-1671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-423]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OGC-2004-0004; FRL-7859-8]
RIN 2060-AM83


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: On October 13, 2004, the EPA issued direct final amendments to 
the national emission standards for hazardous air pollutants (NESHAP) 
for pushing, quenching, and battery stacks at new and existing coke 
oven batteries. The amendments were issued as a direct final rule, 
along with a parallel proposal to be used as the basis for final action 
in the event EPA received any significant adverse comments on the 
direct final amendments. Because a significant adverse comment was 
received on one provision, EPA is withdrawing the corresponding parts 
of the direct final rule. We will address the adverse comment in a 
subsequent final rule based on the parallel proposal published on 
October 13, 2004.

DATES: As of January 10, 2005, the EPA withdraws the direct final 
amendments to 40 CFR 63.7300(c)(1) published on October 13, 2004 (69 FR 
60813). The remaining provisions published on October 13, 2004, will be 
effective on January 11, 2005.

ADDRESSES: Docket: The EPA has established a docket for this action 
under Docket ID No. OGC-2004-0004. 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., 
confidential business information 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 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)

[[Page 1671]]

566-1744, and the telephone number for the Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: Mr. Steve Fruh, Emission Standards 
Division (C439-02), Office of Air Quality Planning and Standards, 
Environmental Protection Agency, Research Triangle Park, NC 27711, 
telephone number (919) 541-2837, fax number (919) 541-3207, e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: On October 13, 2004, we published a direct 
final rule (69 FR 60813) and a parallel proposal (69 FR 60837) amending 
the NESHAP for pushing, quenching, and battery stacks at new and 
existing coke oven batteries (40 CFR part 63, subpart CCCCC). The 
direct final rule amendments added provisions for a control system not 
covered by the existing rule, adjusted the parametric operating limits 
and associated compliance requirements for capture systems used to 
control pushing emissions, and adjusted the operation and maintenance 
requirements for capture systems in 40 CFR 63.7300(c)(1).
    We stated in the preamble to the direct final rule and parallel 
proposal that if we received significant adverse comments by November 
12, 2004 (or by November 29, 2004 if a public hearing was requested), 
on one or more distinct provisions of the direct final rule, we would 
publish a timely notice in the Federal Register specifying which 
provisions will become effective and which provisions will be withdrawn 
due to adverse comment. We subsequently received adverse comments from 
one commenter on the amendments to the operation and maintenance 
requirements for capture systems in 40 CFR 63.7300(c)(1). The direct 
final amendments to 40 CFR 63.7300(c)(1) included:
     40 CFR 63.7300(c)(1), which required completion of repairs 
within 30 days except as allowed in paragraphs (c)(1)(i) and (ii);
     40 CFR 63.7300(c)(1)(i), which required the facility to 
notify the permitting authority if the repair could be completed within 
60 days; and
     40 CFR 63.7300(c)(1)(ii), which required the facility to 
request an extension if the repair could not be completed within 60 
days.
    Accordingly, we are withdrawing all amendments to 40 CFR 
63.7300(c)(1). The amendments are withdrawn as of January 10, 2005. We 
will take final action on the proposed rule after considering the 
comment received. We will not institute a second comment period on this 
action. The provisions for which we did not receive adverse comment 
will become effective on January 11, 2005, as provided in the preamble 
to the direct final rule.

List of Subjects in 40 CFR Part 63

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

    Dated: January 4, 2005.
Jeffrey R. Holmstead,
Assistant Administrator for Air and Radiation.


0
Accordingly, the Amendment to 40 CFR 63.7300 (c) (1), published in the 
Federal Register on October 13, 2004 (69 FR 60813) which was to become 
effective January 11, 2005 is withdrawn.

[FR Doc. 05-423 Filed 1-7-05; 8:45 am]
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