[Federal Register Volume 72, Number 78 (Tuesday, April 24, 2007)]
[Proposed Rules]
[Pages 20302-20304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7758]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0093; FRL-8304-3]
RIN 2060-AN10


National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Automobiles and Light-Duty Trucks; National Emission 
Standards for Hazardous Air Pollutants for Surface Coating of Plastic 
Parts and Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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[[Page 20303]]

SUMMARY: EPA is proposing to amend the National Emission Standards for 
Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty 
Trucks (Automobiles and Light-Duty Trucks NESHAP) to clarify the 
interaction between the Automobiles and Light-Duty Trucks NESHAP and 
the National Emission Standards for Hazardous Air Pollutants for 
Surface Coating of Plastic Parts and Products (Plastic Parts NESHAP), 
to clarify the meaning of certain regulatory provisions, and to correct 
certain errors identified in the regulatory text. EPA is also proposing 
to amend the Plastic Parts NESHAP to clarify that screen printing is 
not subject to that rule.

DATES: Comments. Written comments must be received on or before May 24, 
2007 unless a public hearing is requested by May 4, 2007. If a public 
hearing is requested, written comments must be received on or before 
June 8, 2007.
    Public Hearing. If anyone contacts EPA requesting to speak at a 
public hearing, a public hearing will be held on May 9, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0093, by mail to Air and Radiation Docket (6102T), 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total 
of two copies. Comments may also be submitted electronically or through 
hand delivery/courier by following the detailed instructions in the 
ADDRESSES section of the direct final rule located in the rules section 
of this Federal Register.
    We request that you also send a separate copy of each comment to 
the contact person listed below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: For further information contact Mr. 
David Salman, EPA, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, Coatings and Chemicals Group (E143-01), 
Research Triangle Park, NC 27711; telephone number (919) 541-0859; fax 
number (919) 541-0246; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:
    Why is EPA issuing this proposed rule? This document proposes to 
take action on the Automobiles and Light-Duty Trucks NESHAP and the 
Plastic Parts NESHAP. We are proposing to amend the Automobiles and 
Light-Duty Trucks NESHAP to clarify the interaction between the 
Automobiles and Light-Duty Trucks NESHAP and the Plastic Parts NESHAP, 
to clarify the meaning of certain regulatory provisions, and to correct 
certain errors identified in the regulatory text. We are also proposing 
to amend the Plastic Parts NESHAP to clarify that screen printing is 
not subject to that rule. We have published a parallel direct final 
rule in the ``Rules and Regulations'' section of this Federal Register 
because we view this as a noncontroversial action and anticipate no 
adverse comment. We have explained our reasons for this action in the 
preamble to the direct final rule.
    If we receive no adverse comment and no request for a public 
hearing on the parallel direct final rule, we will not take further 
action on this proposed rule. If we receive adverse comment on the 
direct final rule or a request for a public hearing, we will withdraw 
that rule and it will not take effect. In this instance, we would 
address all public comments in any subsequent final rule based on this 
proposed rule.
    If we receive adverse comment on a distinct provision of the direct 
final rule, we will publish a timely withdrawal in the Federal Register 
indicating which provisions we are withdrawing. The provisions that are 
not withdrawn will become effective on the date set out in the direct 
final rule, notwithstanding adverse comment on any other provision.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

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                Category                    NAICS\*\ code                            Examples of potentially regulated entities
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Industry................................            336111  Automobile manufacturing.
                                                    336112  Light truck and utility vehicle manufacturing.
                                                    336211  Motor vehicle body manufacturing.
                                                    336120  Heavy duty truck manufacturing.
                                                    323113  Commercial screen printing.
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\*\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 is regulated by this action, 
you should examine the applicability criteria of the rule. 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.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Mr. 
David Salman, EPA, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, Coatings and Chemicals Group (E143-01), 
Research Triangle Park, NC 27711, telephone number (919) 541-0859, e-
mail address: [email protected], at least 2 days in advance of the 
potential date of the public hearing. Persons interested in attending 
the public hearing must also call Mr. Salman 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 through 
the WWW. Following the Administrator's signature, a copy of this action 
will be posted on EPA's Technology Transfer Network (TTN) policy and 
guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg/. The TTN at EPA's Web site provides information 
and technology exchange in various areas of air pollution control.

Statutory and Executive Order Reviews

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations section of today's 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

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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 impact of today's proposed rule 
amendments on small entities, a small entity is defined as: (1) A small 
business according to Small Business Administration size standards for 
companies identified by NAICS codes 336111 (automobile manufacturing) 
and 336112 (light truck and utility vehicle manufacturing) with 1,000 
or fewer employees or by NAICS code 323113 (commercial screen printing) 
with 500 or fewer employees; (2) a small governmental jurisdiction that 
is a government or 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 is not dominant in its field. 
Based on the above definition, there are no small entities presently 
engaged in automobile and light-duty truck surface coating. While there 
are small entities presently engaged in commercial screen printing, the 
proposed rule amendments would not impose any requirements on 
commercial screen printers.
    After considering the economic impacts of today's proposed rule 
amendments on small entities, I certify that this action will not have 
a significant economic impact on a substantial number of small 
entities. This is based on the observation that the proposed rule 
affects no small entities since none are engaged in the surface coating 
of automobiles and light-duty trucks, and no requirements are imposed 
on commercial screen printers. We continue to be interested in the 
potential impacts of the proposed rule 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: April 18, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7-7758 Filed 4-23-07; 8:45 am]
BILLING CODE 6560-50-P