[Federal Register: October 18, 2007 (Volume 72, Number 201)]
[Proposed Rules]
[Page 59067-59068]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc07-25]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2004-0022; FRL-8483-8]
RIN 2050-AG29
NESHAP: National Emission Standards for Hazardous Air Pollutants:
Standards for Hazardous Waste Combustors; Extension of Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Solicitation of comment on legal analysis; extension of comment
period.
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SUMMARY: EPA is announcing that the comment period to the notice
entitled ``NESHAP: National Emission Standards for Hazardous Air
Pollutants: Standards for Hazardous Waste Combustors; Solicitation of
Comment on Legal Analysis,'' published on September 27, 2007 (72 FR
54875), is being extended until November 27, 2007. In that notice, EPA
discusses the standards for hazardous waste combustors that were
promulgated on October 12, 2005 (70 FR 59402), and specifically
identifies which standards EPA believes are consistent with the Clean
Air Act and case law, and which standards are not and need to be
reexamined through a subsequent rulemaking. This analysis of the
standards is being done in response to several opinions issued by the
United States Court of Appeals for the District of Columbia Circuit
that call into question the legality of some of the standards for
hazardous waste combustors.
DATES: The comment period for this notice is extended from the original
closing date of October 18, 2007 to November 27, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0022, by one of the following methods:
http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: 202-566-1741.
Mail: U.S. Postal Service, send comments to: Air and
Radiation Docket (2822T), Docket ID No. EPA-HQ-OAR-2004-0022, U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460. Please include a total of two copies.
Hand Delivery: In person or by courier, deliver comments
to: HQ EPA Docket Center, Public Reading Room, EPA West, Room 3334,
1301 Constitution Avenue, NW., 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.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2004-0022. 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.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail (see instructions below on procedures to
submit CBI information). The http://www.regulations.gov Web site is an
``anonymous access'' system, 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 http://www.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 the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the HQ EPA
Docket Center, Public Reading Room, EPA West, Room 3334, 1301
Constitution Avenue, NW., Washington, DC 20004. 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.
FOR FURTHER INFORMATION CONTACT: For more information on this notice,
contact Frank Behan at (703) 308-8476, or behan.frank@epa.gov, Office
of Solid Waste (5302P), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
SUPPLEMENTARY INFORMATION:
Comment Period. We are extending the comment period by
approximately five weeks in response to several
[[Page 59068]]
entities' requests for more time to respond to the notice that was
published on September 27, 2007 (72 FR at 54875). As a result, the
public comment period will be extended to 60 days and will now end on
November 27, 2007.
Entities Potentially Affected by this Action. Categories and
entities potentially affected by this action include:
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Potentially affected
Category NAICS code \a\ entities
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Petroleum and coal products 324 Any entity that
manufacturing. combusts hazardous
waste as defined in
the final rule.
Chemical manufacturing......... 325
Cement and concrete product 3273
manufacturing.
Other nonmetallic mineral 3279
product manufacturing.
Waste treatment and disposal... 5622
Remediation and other waste 5629
management services.
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\a\ 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 impacted by this
action. This table lists examples of the types of entities EPA is now
aware could potentially be regulated by this action. Other types of
entities not listed could also be affected. To determine whether your
facility, company, business, organization, etc., is affected by this
action, you should examine the applicability criteria in 40 CFR
63.1200. 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.
How Do I Obtain a Copy of this Document and Other Related
Information? In addition to being available in the docket, an
electronic copy of today's notice will also be available on the World
Wide Web (WWW). Following the Administrator's signature, a copy of this
document may be posted on the WWW at http://www.epa.gov/hwcmact. This
Web site also provides other information related to the NESHAP for
hazardous waste combustors including the final rule issued on October
12, 2005 (70 FR 59402) and the notice published on September 27, 2007
(72 FR 54875).
How Do I Submit Comments That Include Confidential Business
Information (CBI)? Do not submit CBI information to EPA through
http://www.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. Send or deliver information
identified as CBI to only the following address: Ms. LaShan Haynes,
RCRA Document Control Officer, EPA (Mail Code 5305P), Attention Docket
ID No. EPA-HQ-OAR-2004-0022, 1200 Pennsylvania Avenue, Washington DC
20460.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: October 9, 2007.
Matt Hale,
Director, Office of Solid Waste.
[FR Doc. E7-20596 Filed 10-17-07; 8:45 am]
BILLING CODE 6560-50-P