Hazardous Air Pollutant List; Proposed Modification

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5336-1]

Hazardous Air Pollutant List; Proposed Modification

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of hearing and extension of comment

period.

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SUMMARY: EPA will hold a hearing in Columbia, South Carolina on

December 7, 1995 concerning the proposed rule to amend the list of

hazardous air pollutants (HAPs) in Clean Air Act section 112(b)(1) by

removing the compound caprolactam (CAS No. 105-60-2), which was

published in the Federal Register on September 18, 1995 (60 FR 48081).

At the request of a commenter, EPA had agreed to an extension of the

initial comment period concerning the proposed rule to delist

caprolactam. This notice provides documentation of that comment period

extension. In addition, EPA will keep the public docket open until

January 8, 1996, to permit submission of supplementary or rebuttal

information concerning the matters presented at the hearing to be held

on December 7, 1995.

DATES: All written and electronic comments concerning the proposed rule

to remove caprolactam from the HAP list, as published on September 18,

1995, must be received by EPA no later than December 5, 1995. The

hearing will be held on December 7, 1995 at 6 P.M. EST at Irmo

Elementary School auditorium, 7401 Gibbes Street, Irmo, South Carolina.

All written or electronic submissions of supplementary or rebuttal

information concerning the

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matters presented at the hearing on December 7, 1995 must be received

by EPA no later than January 8, 1996.

ADDRESSES: Written comments (duplicate copies preferred) must be

submitted to: Central Docket Section (A-130), Environmental Protection

Agency, Attention: Docket No. A-94-33, 401 M St. SW, Washington, D.C.

20460. Comments and information may also be submitted electronically by

sending electronic mail (e-mail) to: [email protected].

Electronic comments must be submitted as an ASCII file, avoiding the

use of special characters and any form of encryption. Comments and

information will also be accepted on disks in WordPerfect 5.1 file

format or ASCII file format. All comments and information in electronic

form must be identified by the docket number A-94-33. No Confidential

Business Information (CBI) should be submitted through e-mail.

Electronic comments may be filed online at many Federal Depository

Libraries.

FOR FURTHER INFORMATION CONTACT: Dr. Nancy B. Pate, Office of Air

Quality Planning and Standards, (MD-12), U.S. EPA, Research Triangle

Park, NC 27711, telephone (919) 541-5347, INTERNET:

[email protected], fax 919-541-4028 or -0242.

SUPPLEMENTARY INFORMATION: In the Federal Register of September 18,

1995 (60 FR 48081), EPA published a proposed rule that, upon

promulgation, would amend the list of hazardous air pollutants in Clean

Air Act section 112(b)(1), 42 U.S.C. 7412(b)(1)), by removing the

compound caprolactam (CAS No. 105-60-2). This action was in response to

a petition to delete the substance caprolactam which was filed by

AlliedSignal, Inc., BASF Corporation, and DSM Chemicals North America

under section 112(b)(3) of the Act.

EPA received a request for a public hearing concerning the proposed

rule to remove caprolactam. Pursuant to that request, EPA will hold a

hearing at the time and location stated above.

Clean Air Act section 307(d) does not expressly apply to a

rulemaking to remove a substance from the list of hazardous air

pollutants in section 112(b). However, section 307(d)(1)(V) permits the

EPA Administrator to apply section 307(d) to other actions and EPA is

holding the hearing announced by this notice pursuant to the

requirements of section 307(d). Section 307(d) also requires EPA to

keep the public record open for 30 days after it holds such a hearing

``to provide an opportunity for submission of rebuttal and

supplementary information.''

Prior to the original comment period deadline for the proposed

rule, EPA received a request to extend the comment period from a local

citizen group in Columbia, South Carolina. Citing health problems of

group members and difficulties in communicating with legal counsel, the

group requested a three week extension of the comment period (until

November 24, 1995). In response to this request, EPA extended the

initial period for submission of written and electronic comments

concerning the proposed rule and is providing notice to the public that

the comment period is open until December 5, 1995. Following the

hearing to be held on December 7, 1995, EPA will keep the public docket

open until January 8, 1996, to permit submission of supplementary or

rebuttal information concerning the matters presented at the hearing.

Dated: November 22, 1995.

Mary D. Nichols,

Assistant Administrator for Air and Radiation.

[FR Doc. 95-29112 Filed 11-27-95; 8:45 am]

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