[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Proposed Rules]
[Pages 28366-28367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9593]



  Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Proposed 
Rules  

[[Page 28366]]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0035; FRL-7911-7]
RIN 2060-AM10


National Emission Standards for Hazardous Air Pollutants: Asphalt 
Processing and Asphalt Roofing Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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

SUMMARY: The EPA is proposing amendments to the national emission 
standards for hazardous air pollutants (NESHAP) for asphalt processing 
and asphalt roofing manufacturing, which were issued on April 29, 2003 
under section 112 of the Clean Air Act (CAA). This action proposes to 
correct minor errors and add a clarifying exemption inadvertently 
omitted in the final rule.
    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 we anticipate no 
significant adverse comments. We have explained our reasons for the 
proposed 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become effective and which provisions are being withdrawn.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 amendments in the Rules and Regulations 
section of this Federal Register are withdrawn, all comments pertaining 
to those provisions will be addressed in a subsequent final action 
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.
    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. Written comments must be received by June 16, 2005, 
unless a public hearing is requested by May 27, 2005. If a public 
hearing is requested, written comments must be received by July 1, 
2005.
    Public Hearing. If anyone contacts EPA requesting to speak at a 
public hearing by May 27, 2005, a public hearing will be held on June 
1, 2005.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0035, 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: EPA Docket Center, Environmental Protection Agency, 
Mailcode: 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. 
Please include a duplicate copy, if possible.
     Hand Delivery: Air and Radiation Docket, Environmental 
Protection Agency, 1301 Constitution Avenue, NW., Room B-108, 
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.
    We request that a separate copy also be sent to the contact person 
listed below (see FOR FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. OAR-2002-0035. 
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. For additional information about EPA's public 
docket visit EDOCKET on-line or see the Federal Register of May 31, 
2002 (67 FR 38102).
    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 Air and Radiation Docket, 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.
    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.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, Minerals and 
Inorganic Chemicals Group, Emission Standards Division (C504-05), U.S. 
EPA, Research Triangle Park, North Carolina 27711; telephone number 
(919) 541-5262; facsimile number (919) 541-5600; electronic mail 
address [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities 
potentially regulated by this action include:

[[Page 28367]]



                                   Table 1.--Regulated Categories and Entities
----------------------------------------------------------------------------------------------------------------
                                                        NAICS a                              SIC b
                Category                ------------------------------------------------------------------------
                                           Code            Description          Code          Description
----------------------------------------------------------------------------------------------------------------
Manufacturing..........................    324122  Asphalt shingle and           2952  Asphalt felts and
                                                    coating materials                   coatings.
                                                    manufacturing.
Manufacturing..........................     32411  Petroleum refineries......    2911  Petroleum refining.
                                        -----------
Federal Government.....................              Not affected
                                                     Not affected
State/Local/Tribal Government..........              Not affected
                                                     Not affected
----------------------------------------------------------------------------------------------------------------
a Standard Industrial Classification Code.
b North American Information 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 is regulated by this action, 
you should examine the applicability criteria in Sec. Sec.  63.8681 and 
63.8682 of the final rule. If you have any questions regarding the 
applicability of this action to a particular entity, contact the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
Pamela Garrett, Minerals and Inorganic Chemicals Group, Emission 
Standards Division (C504-05), U.S. EPA, Research Triangle Park, NC 
27711, telephone number (919) 541-7966, at least 2 days in advance of 
the potential date of the public hearing. Persons interested in 
attending the public hearing must also call Ms. 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.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's proposal will also be available on the 
WWW through the Technology Transfer Network (TTN). Following signature, 
a copy of this action will be posted on the TTN's policy and guidance 
page for newly proposed 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.

Statutory and Executive Order Reviews

    For information regarding other administrative requirements for 
this action, please see the direct final rule action that is located in 
the Rules and Regulations section of this Federal Register.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) 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 
amendments on small entities, a small entity is defined as: (1) A small 
business that is primarily engaged in the processing of asphalt or the 
manufacture of asphalt roofing materials according to Small Business 
Administration (SBA) size standards by NAICS code (in this case, less 
than 750 employees for affected businesses classified in NAICS code 
324122, Asphalt Shingles and Coating Materials Manufacturing and less 
than 1,500 employees for businesses in NAICS code 32411, Petroleum 
Refineries); (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; and (3) a small organization that is 
any not-for-profit enterprise that is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's proposed 
amendments on small entities, I certify that this action would not have 
a significant economic impact on a substantial number of small 
entities. The proposed amendments will not impose any requirements on 
small entities. The proposed amendments in today's action would improve 
the emission standards by correcting errors and omissions. 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: May 6, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 05-9593 Filed 5-16-05; 8:45 am]
BILLING CODE 6560-50-P