[Federal Register: January 6, 2006 (Volume 71, Number 4)]
[Proposed Rules]
[Page 1386-1387]
[DOCID:fr06ja06-13]

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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.

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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amendments are being withdrawn due to adverse comment.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today's Federal Register is withdrawn, all comments pertaining to the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<EMAIL_ADDRESS>and<EMAIL_ADDRESS>
     Fax:<PHONE_NUMBER> and<PHONE_NUMBER>.
     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<PHONE_NUMBER>, and the telephone
number for the EPA Docket Center is<PHONE_NUMBER>. 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<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

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

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                                                   Examples of regulated
           Category                NAICS* Code           entities
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Industry......................            332431  Two piece beverage can
                                                   facilities.
                                          332431  Three piece food can
                                          332115   facilities, two piece
                                          332116   D&I facilities, one
                                          332812   piece aerosol can
                                          332999   facilities, etc.
                                          332431  Can assembly
                                                   facilities.
                                          332431  End manufacturing
                                          332812   facilities.
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* 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<EMAIL_ADDRESS>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 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: //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