[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Proposed Rules]
[Pages 5100-5101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1861]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 442

[OW-2004-11; FRL-7866-8]
RIN 2040-AE65


Effluent Limitations Guidelines, Pretreatment Standards, and New 
Source Performance Standards for the Transportation Equipment Cleaning 
Point Source Category

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend the Effluent Limitations Guidelines, 
Pretreatment Standards, and New Source Performance Standards for the 
Transportation Equipment Cleaning Point Source Category. This action 
proposes to correct a typographical error in the regulatory language of 
the Pretreatment Standards for New Sources in the existing regulation 
which refers to ``any existing source'' when it should say ``any new 
source.''
    In the ``Rules and Regulations'' section of the Federal Register, 
we are amending the regulatory language of the Pretreatment Standards 
for New Sources in the existing regulation as a direct final rule 
without prior proposal because we view this as a noncontroversial 
revision and anticipate no adverse comment. We have explained our 
reasons for this revision in the preamble to the direct final rule. If 
we receive no adverse comment, we will not take further action on this 
proposed rule. If we receive adverse comment, we will withdraw the 
direct final rule and it will not take effect. We will address all 
public comments in a subsequent final rule based on this proposed rule. 
We will not institute a second comment period on this action. Any 
parties interested in commenting must do so at this time.
    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: Written comments must be received by April 4, 2005.

ADDRESSES: Submit your comments, identified by Docket ID No. OW-2004-
11, 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

[[Page 5101]]

system, is EPA's preferred method for receiving comments. Follow the 
on-line instructions for submitting comments.
     Mail: Water Docket, Environmental Protection Agency, 
Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: Water Docket, EPA/DC, EPA West, Room B102, 
1301 Constitution Ave., NW., Washington, DC. 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. OW-2004-11. 
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 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.
    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 Water Docket, EPA/DC, EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. This Docket Facility is open 
from 8:30 to 4:30, Monday through Friday, excluding legal holidays. 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 Water 
Docket is (202) 566-2426.

FOR FURTHER INFORMATION CONTACT: Mr. Jesse W. Pritts, Engineering and 
Analysis Division, Office of Water (4303T), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: (202) 566-1038; fax number: (202) 566-1053; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

What Entities Are Potentially Affected by This Final Rule?

    Entities potentially affected by this action include facilities 
that discharge wastewater from transportation equipment cleaning 
activities and include the following types:

------------------------------------------------------------------------
                                                           Examples of
                                                          common North
                                                            American
           Category              Examples of regulated      Industry
                                       entities          Classification
                                                         System (NAICS)
                                                              codes
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Industry......................  Facilities that         311613, 311711,
                                 generate wastewater     311712, 311222,
                                 from cleaning the       311223, 311225,
                                 interior of tank        484121, 484122,
                                 trucks, rail tank       484210, 484230,
                                 cars, intermodal tank   488390, 488490.
                                 containers, tank
                                 barges, or ocean/sea
                                 tankers used to
                                 transport materials
                                 or cargos that come
                                 into direct contact
                                 with tank or
                                 container interior,
                                 except where such
                                 tank cleanings are
                                 performed in
                                 conjunction with
                                 other industrial,
                                 commercial, or POTW
                                 operations.
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    EPA does not intend the preceding table to be exhaustive, but 
rather it provides a guide for readers regarding entities likely to be 
affected by this action. This table lists the types of entities that 
EPA is now aware could potentially be affected by this action. Other 
types of entities not listed in the table could also be affected. To 
determine whether your facility is affected by this action, you should 
carefully examine the applicability criteria listed at 40 CFR 442.1. If 
you still have questions regarding the applicability of this action to 
a particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

Statutory and Executive Order Reviews

    For the various statutes and executive orders that require findings 
for rulemaking, EPA incorporates the findings from the direct final 
rulemaking into this companion notice for the purpose of providing 
public notice and opportunity for comment.

List of Subjects in 40 CFR Part 442

    Environmental protection, Barge cleaning, Rail tank cleaning, Tank 
cleaning, Transportation equipment cleaning, Waste treatment and 
disposal, Water pollution control.

    Dated: January 26, 2005.
Stephen L. Johnson,
Deputy Administrator.
[FR Doc. 05-1861 Filed 1-31-05; 8:45 am]
BILLING CODE 6560-50-P