50114 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Proposed Rules 

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.

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which provisions are being withdrawn.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today’s Federal Register is withdrawn, 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: 

• 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 and 

barnett.keith@epa.gov. 

• Fax: (202) 566–1741 and (919) 541–

5600. 

• 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. 

• 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 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. 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: barnett.keith@epa.gov.

SUPPLEMENTARY INFORMATION: 

Regulated Entities. Categories and 

entities potentially regulated by this 

action include:

Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Proposed Rules 50115

Category NAICS1 code Examples of regulated entities 

Industry ............................. 325211, 326122, 325991, 326191, 327991, 327993, 

332998, 33312, 33651, 335311, 335313, 335312, 

33422, 336211, 336112, 336211, 33651, 33635, 

336399, 33612, 336213, 336413; and 336214.

Reinforced plastic composites production facilities that 

manufacture intermediate and/or final products using 

styrene containing thermoset resins and gel coats. 

Federal Government ........ ........................................................................................... Federally owned facilities that manufacture intermediate 

and/or final products using styrene containing 

thermoset resins and gel coats. 

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, email 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. 

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] 

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