[Federal Register Volume 70, Number 164 (Thursday, August 25, 2005)]
[Proposed Rules]
[Pages 50114-50115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16700]



[[Page 50113]]

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Part IV





Environmental Protection Agency





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40 CFR Part 63



National Emissions Standards for Hazardous Air Pollutants: Reinforced 
Plastic Composites Production; Proposed Rule

Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / 
Proposed Rules

[[Page 50114]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0003; FRL-7957-8]
RIN 2060-AM23


National Emissions Standards for Hazardous Air Pollutants: 
Reinforced Plastic Composites Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: On April 12, 2003, the EPA issued national emission standards 
for hazardous air pollutants (NESHAP) for reinforced plastics 
composites production, which were issued under section 112 of the Clean 
Air Act (CAA). This action will amend the final rule to revise 
compliance options for open molding, correct errors, and add 
clarifications to sections of the rule that were not clear.
    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 
direct final rule. If we receive no adverse comments, we will take no 
further action on the proposed amendments. If we receive adverse 
comments, we will withdraw only those provisions on which we received 
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provisions are being withdrawn.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 
in the Rules and Regulations section of today's Federal Register is 
withdrawn, all comments pertaining to those provisions will be 
addressed in a subsequent final rule 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.

DATES: Comments. Written comments must be received on or before 
September 26, 2005 unless a hearing is requested by September 6, 2005. 
If a hearing is requested, written comments must be received on or 
before October 11, 2005.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing, a public hearing will be held on September 8, 2005.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2003-
0003, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> 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.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#42236f232c266f306f262d21292736022732236c252d34"><span class="__cf_email__" data-cfemail="33521e525d571e411e575c50585647735643521d545c45">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#2b494a59454e5f5f05404e425f436b4e5b4a054c445d"><span class="__cf_email__" data-cfemail="2644475448435252084d434f524e6643564708414950">[email protected]</span></a>.
    <bullet> Fax: (202) 566-1741 and (919) 541-5600.
    <bullet> Mail: U.S. Postal Service, send comments to: HQ EPA Docket 
Center (6102T), Attention Docket ID No. OAR-2003-0003, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a 
duplicate copy, if possible.
    <bullet> Hand Delivery: In person or by courier, deliver comments 
to: HQ EPA Docket Center (6102T), Attention Docket ID No. OAR-2003-
0003, 1301 Constitution Avenue, 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 duplicate copy, if possible.
    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-2003-0003. 
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. 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-2003-0003, 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://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 HQ EPA Docket Center, Docket ID No. OAR-2003-0003, 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 HQ EPA 
Docket Center is (202) 566-1742. A reasonable fee may be charged for 
copying docket materials.
    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. Keith Barnett, EPA, Office of Air 
Quality Planning and Standards, Emission Standards Division, Minerals 
and Inorganic Chemicals Group (C504-05), Research Triangle Park, North 
Carolina 27711; telephone number (919) 541-5605; facsimile number (919) 
541-5600; e-mail address: <a href="/cdn-cgi/l/email-protection#630102110d0617174d08060a170b230613024d040c15"><span class="__cf_email__" data-cfemail="1f7d7e6d717a6b6b31747a766b775f7a6f7e31787069">[email protected]</span></a>.

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

[[Page 50115]]



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                                                          Examples of
            Category                 NAICS\1\ code    regulated entities
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Industry........................  325211, 326122,     Reinforced plastic
                                   325991, 326191,     composites
                                   327991, 327993,     production
                                   332998, 33312,      facilities that
                                   33651, 335311,      manufacture
                                   335313, 335312,     intermediate and/
                                   33422, 336211,      or final products
                                   336112, 336211,     using styrene
                                   33651, 33635,       containing
                                   336399, 33612,      thermoset resins
                                   336213, 336413;     and gel coats.
                                   and 336214.
Federal Government..............  ..................  Federally owned
                                                       facilities that
                                                       manufacture
                                                       intermediate and/
                                                       or final products
                                                       using styrene
                                                       containing
                                                       thermoset resins
                                                       and gel coats.
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\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 is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.5785 and 40 
CFR 63.5787 of the final NESHAP. 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 this information 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. 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, North Carolina 27711, telephone number (919) 
541-7946, e-mail address: <a href="/cdn-cgi/l/email-protection#e3868088cd89828d8697a3869382cd848c95"><span class="__cf_email__" data-cfemail="0164626a2f6b606f6475416471602f666e77">[email protected]</span></a>., 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.
    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 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.
    Direct Final Rule. A direct final rule identical to the proposal is 
published in the Rules and Regulations section of today's Federal 
Register. If we receive any adverse comment pertaining to the 
amendments in the proposal, we will publish a timely notice in the 
Federal Register informing the public that the amendments are being 
withdrawn due to adverse comment. We will address all public comments 
concerning the withdrawn amendments in a subsequent final rule. If no 
relevant 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 
today's Federal Register. For further supplementary information, the 
detailed rationale for the proposal and the regulatory revisions, see 
the direct final rule published in a separate part of this Federal 
Register.

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 this action will not have 
a significant economic impact on a substantial number of small 
entities. The rule amendments will not impose any new requirements on 
small entities. Today's action includes direct final rule amendments 
that resolve inconsistencies, clarify language, and add additional 
compliance flexibility. None of the amendments will have any 
discernible effect on the stringency of the rule. 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.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: August 16, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 05-16700 Filed 8-24-05; 8:45 am]
BILLING CODE 6560-50-P


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