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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 63
RIN ID: RIN 2060-AL89
OAR ID: [OAR-2003-0194; FRL-7869-6]
NOTICE: PROPOSED RULES
ACTION: Air pollutants, hazardous; national emission standards:
DOCUMENT ACTION: Proposed rule; amendments.
SUBJECT CATEGORY: National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations
DATES: Comments. Written comments must be received on or before February 17, 2005 unless a hearing is requested by February 14, 2005. If a hearing is requested, written comments must be received on or before February 22, 2005.
Public Hearing. If anyone contacts the EPA requesting to speak at a public hearing, a public hearing will be held on February 17, 2005.
DOCUMENT SUMMARY: On February 27, 2002, the EPA issued national emission standards for hazardous air pollutants (NESHAP) for leather finishing operations, which were issued under section 112 of the Clean Air Act (CAA). This action would amend the standards to clarify the frequency for categorizing leather product process types, modify the definition of ``specialty leather,'' add a definition for ``vacuum mulling,'' and add an alternative procedure for determining the actual monthly solvent loss from an affected source.
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 significant adverse comments, we will take no further action on the proposed amendments. If we receive significant adverse comments, we will withdraw only those provisions on which we received significant 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withdrawal in the Federal Register indicating which provisions will become effective and which provisions are being withdrawn. If part or all of the direct final rule in the Rules and Regulations section of today's Federal Register is withdrawn, all comments pertaining to those provisions will be addressed in a subsequent final rule based on the proposed amendments.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.
SUMMARY: Leather finishing operations,
SUPPLEMENTAL INFORMATION
Regulated Entities. Categories and entities potentially regulated by this action include:Category NAICS* code Examples of regulated entities Industry................................... 3161 Leather finishing operations. 31611 Leather finishing operations. 316110 Leather finishing operations. Federal government......................... .............. Not affected State/local/tribal government.............. .............. Not affected. * North American Industrial 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 carefully examine the applicability criteria in Sec. 63.5285 of the national emission standards. 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.
What should I consider as I prepare my comments for EPA? Submitting CBI. Do not submit this information to EPA through EDOCKET, regulations.gov or email. 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.
Tips for Preparing Your Comments. When submitting comments, remember to:
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Mr.
William Schrock, Organic Chemicals Group, Emission Standards Division
(Mail Code C50404), U.S. EPA, Research Triangle Park, North Carolina
27711, telephone number (919) 5415032, electronic mail address
schrock.bill@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 Mr. William Schrock 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 http://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. If
more information regarding the TTN is needed, call the TTN HELP line at (919) 5415384.
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), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et seq., 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, small entities are defined as: (1) A small business that has fewer than 750 employees; (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 notforprofit 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
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that this action will not have a significant impact on a substantial
number of small entities. The 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.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous substances, Reporting and recordkeeping requirements.
Dated: February 1, 2005.
Stephen L. Johnson,
Acting Administrator.
[FR Doc. 052304 Filed 2405; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Mr. William Schrock, Organic Chemicals
Group, Emission Standards Division (C50404), Office of Air Quality
Planning and Standards, U.S. EPA, Research Triangle Park, North
Carolina 27711; telephone number (919) 5415032; facsimile number (919) 5413470;
[[Page 6389]]
electronic mail (email) address: schrock.bill@epa.gov.
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