Federal Register: December 29, 2006 (Volume 71, Number 250)
DOCID: FR Doc E6-22428
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 63
RIN ID: RIN 2060-AO03
EPA ID: [EPA-HQ-OAR-2004-0357; FRL-8264-3]
NOTICE: PROPOSED RULES
ACTION: Air pollutants, hazardous; national emission standards:
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface Coating) Operations
DATES: Comments. Written comments must be received on or before January 29, 2007 unless a public hearing is requested by January 8, 2007. If a public hearing is requested, written comments must be received on or before February 12, 2007.
Public Hearing. If anyone contacts EPA requesting to speak at a public hearing, a public hearing will be held on January 16, 2007.
DOCUMENT SUMMARY:
On December 15, 1995, EPA issued national emission standards for hazardous air pollutants (NESHAP) under section 112 of the Clean Air Act for shipbuilding and ship repair (surface coating) operations (subpart II). The NESHAP requires existing and new major sources to control emissions of hazardous air pollutants to the extent achievable by the use of maximum achievable control technology. The proposal is intended to close an unintended gap in the scope of activities subject to the NESHAP by amending the definition of ``ship'' to include all marine or freshwater vessels that are either (1) 20 meters or more in length regardless of the purpose for which the vessel is constructed or used, or (2) less than 20 meters in length and designed and built specifically for military or commercial purposes. All shipbuilding and ship repair coating operations performed on ``ships,'' as so defined, are subject to subpart II if they take place at an ``affected source,'' as defined in 40 CFR 63.782. The only exception is that this NESHAP shall not be construed to apply to coating activities that are subject to emission limitations or work practices under the NESHAP for boat manufacturing at 40 CFR part 63, subpart VVVV. We have also added a definition of ``commercial'' to clarify the types of nonmilitary vessels less than 20 meters that we consider to be ships. The amended definition of ``ship'' renders the term ``pleasure craft'' unnecessary and the amendments, therefore, eliminate the use of that term in 40 CFR part 63, subpart II.
SUMMARY:
Shipbuilding and ship repair operations,
SUPPLEMENTAL INFORMATION
Regulated Entities. The regulated category and entities affected by this action include:
Category Examples of regulated entities
Industry........................ Facilities that are engaged in
shipbuilding and ship repair
operations. The term ship means all
marine or freshwater vessels that
are either (1) 20 meters or more in
length regardless of the purpose for
which the vessel is constructed or
used, or (2) that are less than 20
meters in length and are designed and
built specifically for military or
commercial purposes. This includes,
but is not limited to, all military
and Coast Guard vessels, commercial
cargo and passenger (cruise) ships,
ferries, tankers, container ships,
patrol and pilot boats, yachts, and dredges.
Note: An offshore oil and gas drilling platform is not considered a ship for purposes of this regulation.
Federal government.............. Federal Agencies which undertake
shipbuilding or repair operations see
above) such as the Navy and Coast Guard.
This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this rule.
To determine whether your facility, company, business, organization, etc., is regulated by this action, you should carefully examine all of the applicability criteria in 40 CFR 63.781 of the rule, as well as in the direct final rule. If you have any questions regarding the applicability of this rule to a particular activity, 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 http://www.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 CDROM that you mail to EPA, mark the outside of the disk or CDROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 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.
Public Hearing. Persons interested in presenting oral testimony or inquiring as to whether a hearing is to be held should contact Dr. Mohamed Serageldin, EPA, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Natural Resources and Commerce Group (E14303), Research Triangle Park, NC 27711, telephone number (919) 5412379, email address: serageldin.mohamed@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 Dr. Serageldin 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 this 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 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.
Direct Final Rule. The proposed amendments appear in the Rules and Regulations Section of this Federal Register as a direct final rule. For further supplementary information, the detailed rationale for the proposal and the regulatory revisions, see the direct final rule.
We are taking direct final action 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 material adverse comment, we will take no further action on the proposed rule. If we receive material adverse comment or a public hearing is requested, we will withdraw only the amendments, sections, or paragraphs of the direct final rule on which we received material adverse comment. We will publish a timely withdrawal in the Federal Register indicating which will become effective and which are being withdrawn. If part or all of the direct final rule in the Rules and Regulations section of this Federal Register is withdrawn, all comments pertaining to the amendments will be addressed in a subsequent final rule based on the proposed rule. We will not institute a second comment period on this proposed rule. Any parties interested in commenting must do so at this time.
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 this 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 proposed rule on
small entities, a small entity is defined as: (1) A small business
according to Small Business Administration size standards for companies
mainly identified by NAICS codes 336611 (shipbuilding and repairing)
with 1,000 or fewer employees; (2) a small governmental jurisdiction
that is a government or 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.
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with the proposed rule. This action
broadens the scope of the category through revision of the definition
of ship which may impact facilities currently complying with subpart
II, none of which are small entities. The direct final rule 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
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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: December 22, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E622428 Filed 122806; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
For further information contact Dr.
Mohamed Serageldin, EPA, Office of Air Quality Planning and Standards,
Sector Policies and Programs Division, Natural Resources and Commerce
Group (E14303), Research Triangle Park, NC 27711; telephone number (919) 5412379; fax
[[Page 78393]]
number (919) 5413470; email address: serageldin.mohamed@epa.gov.