[Federal Register: January 10, 2005 (Volume 70, Number 6)]
[Rules and Regulations]
[Page 1670-1671]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja05-7]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OGC-2004-0004; FRL-7859-8]
RIN 2060-AM83
National Emission Standards for Hazardous Air Pollutants for Coke
Ovens: Pushing, Quenching, and Battery Stacks
AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial withdrawal of direct final rule.
-----------------------------------------------------------------------
SUMMARY: On October 13, 2004, the EPA issued direct final amendments to
the national emission standards for hazardous air pollutants (NESHAP)
for pushing, quenching, and battery stacks at new and existing coke
oven batteries. The amendments were issued as a direct final rule,
along with a parallel proposal to be used as the basis for final action
in the event EPA received any significant adverse comments on the
direct final amendments. Because a significant adverse comment was
received on one provision, EPA is withdrawing the corresponding parts
of the direct final rule. We will address the adverse comment in a
subsequent final rule based on the parallel proposal published on
October 13, 2004.
DATES: As of January 10, 2005, the EPA withdraws the direct final
amendments to 40 CFR 63.7300(c)(1) published on October 13, 2004 (69 FR
60813). The remaining provisions published on October 13, 2004, will be
effective on January 11, 2005.
ADDRESSES: Docket: The EPA has established a docket for this action
under Docket ID No. OGC-2004-0004. 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.,
confidential business information or other information whose disclosure
is restricted by statute. Certain other information, such as
copyrighted materials, 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 form at Docket ID No. OGC-2004-0004, EPA/DC, EPA West, Room B102,
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
(202)
[[Page 1671]]
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.
FOR FURTHER INFORMATION CONTACT: Mr. Steve Fruh, Emission Standards
Division (C439-02), Office of Air Quality Planning and Standards,
Environmental Protection Agency, Research Triangle Park, NC 27711,
telephone number (919) 541-2837, fax number (919) 541-3207, e-mail
address: fruh.steve@epa.gov.
SUPPLEMENTARY INFORMATION: On October 13, 2004, we published a direct
final rule (69 FR 60813) and a parallel proposal (69 FR 60837) amending
the NESHAP for pushing, quenching, and battery stacks at new and
existing coke oven batteries (40 CFR part 63, subpart CCCCC). The
direct final rule amendments added provisions for a control system not
covered by the existing rule, adjusted the parametric operating limits
and associated compliance requirements for capture systems used to
control pushing emissions, and adjusted the operation and maintenance
requirements for capture systems in 40 CFR 63.7300(c)(1).
We stated in the preamble to the direct final rule and parallel
proposal that if we received significant adverse comments by November
12, 2004 (or by November 29, 2004 if a public hearing was requested),
on one or more distinct provisions of the direct final rule, we would
publish a timely notice in the Federal Register specifying which
provisions will become effective and which provisions will be withdrawn
due to adverse comment. We subsequently received adverse comments from
one commenter on the amendments to the operation and maintenance
requirements for capture systems in 40 CFR 63.7300(c)(1). The direct
final amendments to 40 CFR 63.7300(c)(1) included:
40 CFR 63.7300(c)(1), which required completion of repairs
within 30 days except as allowed in paragraphs (c)(1)(i) and (ii);
40 CFR 63.7300(c)(1)(i), which required the facility to
notify the permitting authority if the repair could be completed within
60 days; and
40 CFR 63.7300(c)(1)(ii), which required the facility to
request an extension if the repair could not be completed within 60
days.
Accordingly, we are withdrawing all amendments to 40 CFR
63.7300(c)(1). The amendments are withdrawn as of January 10, 2005. We
will take final action on the proposed rule after considering the
comment received. We will not institute a second comment period on this
action. The provisions for which we did not receive adverse comment
will become effective on January 11, 2005, as provided in the preamble
to the direct final rule.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: January 4, 2005.
Jeffrey R. Holmstead,
Assistant Administrator for Air and Radiation.
0
Accordingly, the Amendment to 40 CFR 63.7300 (c) (1), published in the
Federal Register on October 13, 2004 (69 FR 60813) which was to become
effective January 11, 2005 is withdrawn.
[FR Doc. 05-423 Filed 1-7-05; 8:45 am]
BILLING CODE 6560-50-P