Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Proposed Rules 60837

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[OGC–2004–0004; FRL–7826–1] 

National Emission Standards for 

Hazardous Air Pollutants for Coke 

Ovens: Pushing, Quenching, and 

Battery Stacks

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule; amendments.

SUMMARY: On April 14, 2003, pursuant 

to section 112 of the Clean Air Act 

(CAA), the EPA issued national 

emission standards to control hazardous 

air pollutants emitted from pushing, 

quenching, and battery stacks at new 

and existing coke oven batteries. This 

proposed action would amend the 

parametric operating limits and 

associated compliance provisions for 

capture systems used to control 

emissions from pushing. This action 

also would amend the requirements for 

mobile scrubber cars that capture 

emissions which occur during pushing 

and travel. 

In the Rules and Regulations section 

of this Federal Register, we are issuing 

the amendments as a direct final rule. 

We are making the amendments as a 

direct final rule without prior proposal 

because we view the amendments as 

noncontroversial and anticipate no 

adverse comments. We have explained 

our reasons for the amendments in the 

direct final rule. 

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withdrawn due to adverse comment.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 (should we decide 

to issue a final rule). If no significant 

adverse comments are received, no 

further action will be taken on the 

proposal, and the direct final rule will 

become effective as provided in that 

action. 

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 November 12, 

2004, unless a hearing is held. If a 

hearing is held, comments must be 

received on or before November 29, 

2004.

ADDRESSES: Submit your comments, 

identified by Docket ID No. OGC–2004–

0004, 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: a-and-r-docket@epa.gov.

• Fax: (202) 566–1741. 

• Mail: Proposed Settlement 

Agreement in AISI/ACCCI Coke Oven 

Environmental Task Force vs. U.S. EPA,

No. 03–1167 (D.C. Cir.) Docket, 

Environmental Protection Agency, 

Mailcode: 6102T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include a total of two copies. 

• Hand Delivery: Environmental 

Protection Agency, 1301 Constitution 

Avenue, 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. OGC–2004–0004. 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 websites 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 email 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 Proposed Settlement 

Agreement in AISI/ACCCI Coke Oven 

Environmental Task Force vs. U.S. EPA,

No. 03–1167 (DC Cir.) Docket, 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) 566–1744, and the telephone 

number for the Air Docket is (202) 566–

1742.

FOR FURTHER INFORMATION CONTACT: Ms. 

Lula Melton, Emission Standards 

Division, Office of Air Quality Planning 

and Standards (C439–02), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone number (919) 541–2910, fax 

number (919) 541–3207, e-mail address: 

melton.lula@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does This Action Apply To Me? 

Categories and entities potentially 

regulated by this action include:

Category NAICS code 1 Examples of regulated entities 

Industry ..................................................................................... 331111, 324199 Coke plants and integrated iron and steel mills. 

Federal government .................................................................. ............................ Not affected. 

60838 Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Proposed Rules 

Category NAICS code 1 Examples of regulated entities 

State/local/tribal government .................................................... ............................ Not affected. 

1 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 would be 

regulated by this action, you should 

examine the applicability criteria in 

§ 63.7281 of the national emission 

standards for coke ovens: Pushing, 

quenching, and battery stacks. 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. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

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. OGC–2004–0004. 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. 

C. Where Can I Get a Copy of This 

Document and Other Related 

Information? 

In addition to being available in the 

docket, an electronic copy of today’s 

proposed amendments is also available 

on the Worldwide Web (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. 

D. Will There Be a Public Hearing? 

If anyone contacts the EPA requesting 

to speak at a public hearing by October 

25, 2004, a public hearing will be held 

on October 27, 2004. 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. 

II. Statutory and Executive Order 

Reviews 

For information regarding other 

statutory and executive order reviews 

associated with this action, please see 

the direct final rule located in the Rules 

and Regulations section of today’s 

Federal Register. 

A. Paperwork Reduction Act 

The proposed action does not impose 

any new information collection burden. 

The costs of the information collection 

requirements associated with the new 

operating limit and operation and 

maintenance plan provisions related to 

the settlement agreement do not 

increase the existing burden estimates 

for the final rule. The Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing rule (40 CFR part 63, subpart 

CCCCC) under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. and has assigned OMB 

control number 2060–0521, EPA ICR 

number 1995.02. A copy of the 

approved Information Collection 

Request (ICR) may be obtained from 

Susan Auby, Collection Strategies 

Division, U.S. Environmental Protection 

Agency (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-forprofit 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 U.S. Small Business 

Administration size standards for 

NAICS codes 331111 and 324199 

ranging from 500 to 1,000 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-forprofit 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. 603–604). Thus, an 

agency may certify that a rule will not 

have a significant economic impact on 

a substantial number of small entities if 

Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004 / Proposed Rules 60839

the rule relieves regulatory burden, or 

otherwise has a positive effect on the 

small entities subject to the rule. The 

proposed amendments make 

improvements to the existing standards 

by adding new compliance options for 

monitoring of capture systems operating 

parameters and by adding provisions for 

a type of control system not covered by 

the existing standards. We have, 

therefore, concluded that today’s 

proposed amendments will have no 

adverse impacts on any small entities 

and may relieve burden in some cases. 

Although the proposed rule 

amendments will 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 related to the settlement 

agreement 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: October 4, 2004. 

Michael O. Leavitt, 

Administrator.

[FR Doc. 04–22870 Filed 10–12–04; 8:45 am] 

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