[Federal Register: November 8, 2002 (Volume 67, Number 217)]
[Rules and Regulations]
[Page 68038-68039]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no02-8]
[[Page 68038]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-7406-6]
RIN 2060-AE78
National Emission Standards for Hazardous Air Pollutants for
Secondary Aluminum Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction of effective date.
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SUMMARY: On September 24, 2002, EPA promulgated final rule amendments
to the national emission standards for hazardous air pollutants for
secondary aluminum production at 65 FR 59787. Due to errors in the
composition of the notice, an incorrect effective date of November 25,
2002 was published. However, under Clean Air Act (CAA) section
112(d)(10), the final rule amendments published on September 24, 2002
were legally effective upon promulgation, and the correct effective
date for those amendments was September 24, 2002. This document
corrects the erroneous effective date.
EFFECTIVE DATE: November 8, 2002.
ADDRESSES: Docket A-2002-06, containing supporting information used in
developing the final rule to which this correction notice refers, is
available for public inspection and copying between 8:30 a.m. to 5:30
p.m., Monday through Friday, excluding Federal holidays, at the
following address: U.S. EPA, Air and Radiation Docket and Information
Center, Room B-108, 1301 Constitution Avenue, NW., Washington, DC
20460.
FOR FURTHER INFORMATION CONTACT: Mr. John Schaefer, U.S. EPA, Minerals
and Inorganic Chemicals Group (C504-05), Emission Standards Division,
Office of Air Quality Planning and Standards, Research Triangle Park,
North Carolina 27711, telephone number (919) 541-0296, facsimile number
(919) 541-5600, electronic mail address: schaefer.john@epa.gov.
SUPPLEMENTARY INFORMATION: Docket. The docket is an organized and
complete file of the administrative record compiled by EPA in the
development of the final rule to which this correction document refers.
The docket is a dynamic file because material is added throughout the
rulemaking process. The docketing system is intended to allow members
of the public and industries involved to readily identify and locate
documents so they can effectively participate in the rulemaking
process. Along with the proposed and promulgated rules and their
preambles, the contents of the docket will serve as the record in the
case of judicial review. Other material related to this rulemaking is
available for review in the docket or copies may be mailed on request
from the Air Docket by calling (202) 260-7548. A reasonable fee may be
charged for copying docket materials.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this action will also be available through the
WWW. Following 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: 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. If more information regarding the TTN
is needed, call the TTN help line at (919) 541-5384.
Regulated Entities. Regulated categories and entities are secondary
aluminum production facilities and include:
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NAICS Examples of regulated
Category code SIC code entities
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Industry..................... 331314 3341 Secondary smelting
and alloying of
aluminum facilities.
Secondary aluminum
production facility
affected sources
that are collocated
at:
331312 3334 Primary aluminum
production
facilities.
331315 3353 Aluminum sheet,
plate, and foil
manufacturing
facilities.
331316 3354 Aluminum extruded
product
manufacturing
facilities.
331319 3355 Other aluminum
rolling and drawing
facilities.
331521 3363 Aluminum die casting
facilities.
331524 3365 Aluminum foundry
facilities.
State/local/tribal ........ ........ Not affected.
governments.
Federal government........... ........ ........ Not affected.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that the Agency is now
aware could potentially be regulated by this action. Other types of
entities not listed in the table could also be regulated. To determine
whether your facility is regulated by this action, you should carefully
examine the applicability criteria in Sec. 63.1500 of the rule. If you
have questions regarding the applicability of this action to a
particular entity, consult the contact person listed in the preceding
FOR FURTHER INFORMATION CONTACT section.
SUPPLEMENTARY INFORMATION: We promulgated final rule amendments to the
national emission standards for hazardous air pollutants for secondary
aluminum production, 40 CFR part 63, subpart RRR, on September 24, 2002
at 65 FR 59787. However, due to errors in the composition of the those
amendments, an incorrect effective date of November 25, 2002 was
published in two places. Under CAA section 112(d)(10), those amendments
became legally effective on the date of promulgation--September 24,
2002. Today's document corrects the effective date of those amendments.
In the EFFECTIVE DATE section of the published document, the date
was published as November 25, 2002. The correct effective date is
September 24, 2002. We also incorrectly identified the effective date
in the Congressional Review Act section of the final rule. The correct
language for that section should have read as follows:
``J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a
copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. The EPA will submit a
report containing this rule and other required information to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of the rule in the
Federal Register. A major rule cannot take effect until
[[Page 68039]]
60 days after it is published in the Federal Register. These final
rule amendments are not a ``major rule'' as defined by 5 U.S.C.
804(2). These amendments will be effective on September 24, 2002.''
We are taking this action to correct the erroneous effective date
in the September 24, 2002 notice in part because the rule as it existed
prior to the amendments might have been construed to impose certain
compliance obligations on affected sources prior to November 25, 2002.
Since one of the stated purposes of the amendments was to eliminate
confusion concerning these same compliance obligations, failure to
correct the erroneous effective date would frustrate this purpose. We
do not believe that any affected source will be adversely impacted by
correction of the effective date.
Administrative Requirements
Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866 (58 FR 5173, October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The Executive Order defines
``significant regulatory action'' as one that is likely to result in
standards that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect, in a material way, the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that this correction notice does not constitute a
``significant regulatory action'' because it does not meet any of the
above criteria. Consequently, this action was not submitted to OMB for
review under Executive Order 12866.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.
Dated: November 4, 2002.
Jeffrey R. Holmstead,
Assistant Administrator for Air and Radiation.
[FR Doc. 02-28501 Filed 11-7-02; 8:45 am]
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