1386 Federal Register / Vol. 71, No. 4 / Friday, January 6, 2006 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[OAR–2003–0005; FRL–8018–8] 

RIN 2060–AM28 

National Emission Standards for 

Hazardous Air Pollutants: Surface 

Coating of Metal Cans 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; amendments. 

SUMMARY: On November 13, 2003, EPA 

issued national emission standards for 

hazardous air pollutants (NESHAP) for 

surface coating of metal cans under 

section 112 of the Clean Air Act (CAA). 

This action proposes to amend the final 

rule to correct errors and clarify sections 

of the 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 

anticipate no adverse comments. We 

have explained our reasons for the 

amendments in the preamble to the 

direct final rule. If we receive no 

adverse comments, the changes set forth 

in the direct final action will become 

effective and we will take no further 

action on the proposed amendments. If 

we receive adverse comment on one or 

more distinct amendments, we will 

publish a timely withdrawal in the 

Federal Register indicating which 

amendments in the direct final rule will 

become effective and which 

amendments are being withdrawn due 

to adverse comment. If part or all of the 

direct final rule in the Rules and 

Regulations section of today’s Federal 

Register is withdrawn, all comments 

pertaining to the amendments will be 

addressed in a subsequent final rule 

based on these proposed amendments. 

We will not institute a second comment 

period on the subsequent final rule. Any 

parties interested in commenting must 

do so at this time. 

DATES: Comments. Written comments 

must be received on or before February 

6, 2006 unless a public hearing is 

requested. If requested by January 23, 

2006, a hearing will be held on February 

6, 2006 and the comment period will be 

extended until March 7, 2006. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. OAR–2003– 

0005, 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:// 

docket.epa.gov/edkpub/index.jsp. 

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 and 

almodovar.paul@epa.gov. 

• Fax: (202) 566–1741 and (919) 541– 

5689. 

• Mail: U.S. Postal Service, send 

comments to: EPA Docket Center 

(6102T), Attention Docket ID No. OAR– 

2003–0005, 1200 Pennsylvania Ave., 

NW., Washington, DC 20460. Please 

include a total of two copies. We request 

that you also send a separate copy of 

each comment to the contact person 

listed below (see FOR FURTHER

INFORMATION CONTACT). 

• Hand Delivery: In person or by 

courier, deliver comments to: EPA 

Docket Center (6102T), Attention Docket 

ID No. OAR–2003–0005, 1301 

Constitution Ave., NW., Room B–108, 

Washington, DC 20004. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. Please 

include a total of two copies. We request 

that you also send a separate copy of 

each comment to the contact person 

listed below (see FOR FURTHER

INFORMATION CONTACT). 

Instructions: Direct your comments to 

Docket ID No. OAR–2003–0005. 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:// 

docket.epa.gov/edkpub/index.jsp, 

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. 

Send or deliver information identified 

as CBI only to the following address: 

Mr. Roberto Morales, OAQPS Document 

Control Officer, EPA (C404–02), 

Attention Docket ID No. OAR–2003– 

0005, Research Triangle Park, NC 27711. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

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 

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://docket.epa.gov/edkpub/index.jsp. 

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 EPA 

Docket Center, Docket ID No. OAR– 

2003–0005, EPA West Building, Room 

B–102, 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 EPA Docket Center is (202) 566– 

1742. A reasonable fee may be charged 

for copying docket materials. 

FOR FURTHER INFORMATION CONTACT: For 

further information, contact Mr. Paul 

Almodovar, EPA, Office of Air Quality 

Planning and Standards, Emission 

Standards Division, Coatings and 

Consumer Products Group (C539–03), 

Research Triangle Park, NC 27711; 

telephone number (919) 541–0283; fax 

number (919) 541–5689; e-mail address: 

almodovar.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulated Entities. Categories and 

entities potentially regulated by this 

action include: 


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Federal Register / Vol. 71, No. 4 / Friday, January 6, 2006 / Proposed Rules 1387 

Category NAICS* Code Examples of regulated entities 

Industry .................................................... 332431 Two piece beverage can facilities. 

332431 

332115 

332116 

332812 

332999 

Three piece food can facilities, two piece D&I facilities, one piece aerosol can facilities, etc. 

332431 Can assembly facilities. 

332431 

332812 

End manufacturing facilities. 

* 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 in 40 CFR 63.3481 

and 40 CFR 63.3482 of the Metal Can 

NESHAP (68 FR 64432, November 13, 

2003). 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. 

Submitting CBI. Do not submit 

information which you claim to be CBI 

to EPA through EDOCKET, 

regulations.gov, or e-mail. 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 that is 

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. 

Public Hearing. If a public hearing is 

held, it will be held at 10 a.m. at the 

EPA Facility Complex in Research 

Triangle Park, NC, or at an alternate site 

nearby. Persons interested in presenting 

oral testimony or inquiring as to 

whether a hearing is to be held should 

contact Ms. Janet Eck, EPA, Office of Air 

Quality Planning and Standards, 

Emission Standards Division, Coatings 

and Consumer Products Group (C539–

03), Research Triangle Park, NC 27711, 

telephone number (919) 541–7946, 

e-mail address: eck.janet@epa.gov., 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. Eck 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. World Wide 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 

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 technical amendments on 

small entities, a small entity is defined 

as: (1) A small business ranging from 

500 to 1,000 employees as defined by 

the Small Business Administration’s 

size standards; (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 which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s proposed rule 

amendments on small entities, I certify 

that the proposed rule amendments will 

not have a significant economic impact 

on a substantial number of small 

entities. The proposed rule amendments 

will not impose any new requirements 

on small entities. We continue to be 

interested in the potential impacts of the 

proposed rule on small entities and 

welcome comments on issues related to 

such impacts. 

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. 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, Reporting and 

recordkeeping requirements. 

Dated: December 29, 2005. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. 06–68 Filed 1–5–06; 8:45 am] 

BILLING CODE 6560–50–P 


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