[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Proposed Rules]
[Pages 29406-29407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9592]



  Federal Register / Vol. 70, No. 97 / Friday, May 20, 2005 / Proposed 
Rules  

[[Page 29406]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0034; FRL-7911-9]
RIN 2060-AM85


National Emission Standards for Hazardous Air Pollutants for Iron 
and Steel Foundries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: On April 22, 2004, the EPA issued national emission standards 
for hazardous air pollutants (NESHAP) for iron and steel foundries. 
This proposed action would amend the work practice requirements for 
materials certification and scrap selection/inspection programs. The 
proposed amendments add clarification and flexibility but do not 
materially change the requirements of the rule.
    In the Rules and Regulations section of this Federal Register, we 
are issuing these amendments as a direct final rule. We are making 
these amendments as a direct final rule without prior proposal because 
we view the revisions as noncontroversial and anticipate no adverse 
comments. We have explained our reasons for these revisions in the 
direct final rule amendments.
    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withdrawn due to adverse comment.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. If no significant adverse comments are 
received, no further action will be taken on this proposal, and the 
direct final rule will become effective as provided in that notice.
    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 June 20, 2005, 
unless a hearing is held. If a hearing is held, comments must be 
received on or before July 5, 2005.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0034, 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: Air and Radiation Docket, Docket ID OAR-2002-0034, 
U.S. EPA, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460. Please include a total of two copies.
     Hand Delivery: U.S. EPA, 1301 Constitution Ave., 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. OAR-2002-0034. 
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 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 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 Air and Radiation Docket, Docket ID No. OAR-2002-0034, 
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: Mr. Kevin Cavender, Emissions, 
Monitoring and Analysis Division (C339-02), Office of Air Quality 
Planning and Standards, EPA, Research Triangle Park, NC 27711, 
telephone number (919) 541-2364, fax number (919) 541-1903, e-mail 
address: [email protected].

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

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                                                                  NAICS code
                            Category                                 \1\        Examples of regulated entities
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Industry.......................................................       331511  Iron foundries. Iron and steel
                                                                               plants. Automotive and large
                                                                               equipment manufacturers.
                                                                      331512  Steel investment foundries.
                                                                      331513  Steel foundries (except
                                                                               investment).
Federal government.............................................  ...........  Not affected.
State/local/tribal government..................................  ...........  Not affected.
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\1\ North American Industry Classification System.


[[Page 29407]]

    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.  63.7682 
of the NESHAP for iron and steel foundries. 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.
    Comments. 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. OAR-2004-0034. 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.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's proposed amendments will also be 
available on the 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.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by May 31, 2005, a public hearing will be held on June 
3, 2005. 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.

I. Statutory and Executive Order Reviews

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

A. Paperwork Reduction Act

    This proposed action does not impose any new information collection 
burden. The Office of Management and Budget has previously approved the 
information collection requirements contained in the existing rule (40 
CFR part 63, subpart EEEEE) under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control 
number 2060-0543, EPA ICR number 2096.02. A copy of the approved 
Information Collection Request (ICR) may be obtained from Susan Auby, 
Collection Strategies Division, U.S. EPA (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 the U.S. Small Business Administration size 
standards for NAICS codes 331511, 331512, and 331513 of 500 or fewer 
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 
and 604). Thus, an agency may certify that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule relieves regulatory burden, or otherwise has a positive 
effect on the small entities subject to the rule. The proposed 
amendments would clarify the rule requirements to reduce compliance 
uncertainties. The changes do not impose new costs or requirements.
    Although the proposed rule amendments would 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 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: May 6, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 05-9592 Filed 5-19-05; 8:45 am]
BILLING CODE 6560-50-P