[Federal Register: February 1, 2005 (Volume 70, Number 20)]
[Proposed Rules]
[Page 5100-5101]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe05-24]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 442
[OW-2004-11; FRL-7866-8]
RIN 2040-AE65
Effluent Limitations Guidelines, Pretreatment Standards, and New
Source Performance Standards for the Transportation Equipment Cleaning
Point Source Category
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to amend the Effluent Limitations Guidelines,
Pretreatment Standards, and New Source Performance Standards for the
Transportation Equipment Cleaning Point Source Category. This action
proposes to correct a typographical error in the regulatory language of
the Pretreatment Standards for New Sources in the existing regulation
which refers to ``any existing source'' when it should say ``any new
source.''
In the ``Rules and Regulations'' section of the Federal Register,
we are amending the regulatory language of the Pretreatment Standards
for New Sources in the existing regulation as a direct final rule
without prior proposal because we view this as a noncontroversial
revision and anticipate no adverse comment. We have explained our
reasons for this revision in the preamble to the direct final rule. If
we receive no adverse comment, we will not take further action on this
proposed rule. If we receive adverse comment, we will withdraw the
direct final rule and it will not take effect. We will address all
public comments in a subsequent final rule based on this proposed rule.
We will not institute a second comment period on this action. Any
parties interested in commenting must do so at this time.
The regulatory text for the proposal is identical to that for the
direct final rule published in the Rules and Regulations section of
this Federal Register. For further supplementary information, see the
direct final rule.
DATES: Written comments must be received by April 4, 2005.
ADDRESSES: Submit your comments, identified by Docket ID No. OW-2004-
11, 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
[[Page 5101]]
system, is EPA's preferred method for receiving comments. Follow the
on-line instructions for submitting comments.
Mail: Water Docket, Environmental Protection Agency,
Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Hand Delivery: Water Docket, EPA/DC, EPA West, Room B102,
1301 Constitution Ave., NW., Washington, DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. OW-2004-11.
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. The EPA EDOCKET and the federal regulations.gov Web sites 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.
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 Water Docket, EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. This Docket Facility is open
from 8:30 to 4:30, Monday through Friday, excluding legal holidays. 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 Water
Docket is (202) 566-2426.
FOR FURTHER INFORMATION CONTACT: Mr. Jesse W. Pritts, Engineering and
Analysis Division, Office of Water (4303T), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number: (202) 566-1038; fax number: (202) 566-1053; e-mail address:
pritts.jesse@epa.gov.
SUPPLEMENTARY INFORMATION:
What Entities Are Potentially Affected by This Final Rule?
Entities potentially affected by this action include facilities
that discharge wastewater from transportation equipment cleaning
activities and include the following types:
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Examples of
common North
American
Category Examples of regulated Industry
entities Classification
System (NAICS)
codes
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Industry...................... Facilities that 311613, 311711,
generate wastewater 311712, 311222,
from cleaning the 311223, 311225,
interior of tank 484121, 484122,
trucks, rail tank 484210, 484230,
cars, intermodal tank 488390, 488490.
containers, tank
barges, or ocean/sea
tankers used to
transport materials
or cargos that come
into direct contact
with tank or
container interior,
except where such
tank cleanings are
performed in
conjunction with
other industrial,
commercial, or POTW
operations.
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EPA does not intend the preceding table to be exhaustive, but
rather it provides a guide for readers regarding entities likely to be
affected by this action. This table lists the types of entities that
EPA is now aware could potentially be affected by this action. Other
types of entities not listed in the table could also be affected. To
determine whether your facility is affected by this action, you should
carefully examine the applicability criteria listed at 40 CFR 442.1. If
you still have questions regarding the applicability of this action to
a particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Statutory and Executive Order Reviews
For the various statutes and executive orders that require findings
for rulemaking, EPA incorporates the findings from the direct final
rulemaking into this companion notice for the purpose of providing
public notice and opportunity for comment.
List of Subjects in 40 CFR Part 442
Environmental protection, Barge cleaning, Rail tank cleaning, Tank
cleaning, Transportation equipment cleaning, Waste treatment and
disposal, Water pollution control.
Dated: January 26, 2005.
Stephen L. Johnson,
Deputy Administrator.
[FR Doc. 05-1861 Filed 1-31-05; 8:45 am]
BILLING CODE 6560-50-P