[Federal Register Volume 69, Number 171 (Friday, September 3, 2004)]
[Proposed Rules]
[Pages 53987-53988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20129]
Federal Register / Vol. 69, No. 171 / Friday, September 3, 2004 /
Proposed Rules
[[Page 53987]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0084; FRL-7808-1]
National Emission Standards for Hazardous Air Pollutants for
Secondary Aluminum Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
-----------------------------------------------------------------------
SUMMARY: On March 23, 2000, EPA promulgated national emission standards
for hazardous air pollutants (NESHAP) for secondary aluminum production
under section 112 of the Clean Air Act (CAA), and on September 24,
2002, and on December 30, 2002, we published final amendments to the
standards based on two separate settlement agreements. These amendments
further clarify regulatory text, correct errors, and improve
understanding of the rule requirements as promulgated. We are making
the amendments by direct final rule, without prior proposal, because we
view the revisions as noncontroversial and anticipate no adverse
comments.
In the Rules and Regulations section of this Federal Register, we
are taking direct final action on the proposed amendments because we
view the amendments as noncontroversial and anticipate no adverse
comments. We have explained our reasons for the amendments in the
preamble to the direct final rule. If we receive no significant adverse
comments, we will take no further action on the proposed amendments. If
we receive significant adverse comments, we will withdraw only those
provisions on which we received significant adverse comments. We will
publish a timely withdrawal in the Federal Register indicating which
provisions will become effective and which provisions are being
withdrawn. If part or all of the direct final rule in the Rules and
Regulations section of today's Federal Register is withdrawn, all
comments pertaining to those provisions will be addressed in a
subsequent final rule based on the proposed amendments. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
DATES: Comments must be received on or before October 4, 2004, unless a
hearing is requested by September 13, 2004. If a timely hearing is
requested, written comments must be received by October 18, 2004. If a
hearing is held, it will take place on September 20, 2004, beginning at
10 a.m.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0084, 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 system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: [email protected].
Fax: (202) 566-1741.
Mail: Air Docket (in duplicate if possible), Environmental
Protection Agency, Mail code: 6102T, 1200 Pennsylvania Ave., NW.,
Washington, DC, 20460,
Hand Delivery: Air Docket, Environmental Protection
Agency, 1301 Constitution Avenue, NW., Room B108, Mail code: 6102T,
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.
Instructions: Direct your comments to Docket ID No. OAR-2002-0084.
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 websites 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. For additional information about EPA's public
docket visit EDOCKET on-line or see the Federal Register of May 31,
2002 (67 FR 38102).
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 Air Docket, 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) 566-1744, and the
telephone number for the Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Joseph Wood, Minerals and
Inorganic Chemicals Group, Emission Standards Division, Office of Air
Quality Planning and Standards, U.S. EPA, Research Triangle Park, NC
27711, telephone number (919) 541-5446, fax number (919) 541-5600, and
electronic mail: [email protected].
SUPPLEMENTARY INFORMATION:
Does this action apply to me? This action does not affect the
applicability of the existing rule as amended on December 30, 2002 (67
FR 79808). Categories and entities potentially regulated by this action
include:
[[Page 53988]]
------------------------------------------------------------------------
Examples of regulated
Category NAICS \1\ entities
------------------------------------------------------------------------
Industry......................... 331314 Secondary smelting and
alloying of aluminum
facilities.
Secondary aluminum
production facility
affected sources that
are collocated at:
331312 Primary aluminum
production facilities.
331315 Aluminum sheet, plate,
and foil manufacturing
facilities.
331316 Aluminum extruded
product manufacturing
facilities.
331319 Other aluminum rolling
and drawing facilities.
331521 Aluminum die casting
facilities.
331524 Aluminum foundry
facilities.
------------------------------------------------------------------------
\1\ 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 regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in Sec. 63.1500 of the
secondary aluminum production NESHAP. 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.
For further information, please see the information provided in the
direct final rule that is located in the ``Rules and Regulations''
section of this Federal Register publication.
What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, 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.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this proposed rule will also be available on the
WWW through the Technology Transfer Network (TTN). Following the
Administrator's signature, a copy of the action will be posted on the
TTN's policy and guidance page for newly proposed or promulgated rules
http://www.epa.gov/ttn/oarpg. The TTN 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.
Administrative Requirements
Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements, under the Administrative Procedure Act or
another statute, unless the agency certifies that the rule will not
have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions. For purposes of assessing the
impacts of today's proposed rule on small entities, small entity is
defined as: (1) A small business that is a business with less than 750
employees; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
The EPA has also determined that the amendments will not have a
significant economic impact on a substantial number of small entities.
The direct final amendments do not pose any requirements or costs on
any firm, large or small. After considering the economic impacts of
today's proposed rule on small entities, I certify that this action
will not have a significant economic impact on a substantial number of
small entities.
For information regarding other administrative requirements for
this action, please see the direct final/final rule action notice that
is located in the ``Rules and Regulations'' section of this Federal
Register publication.
Dated: August 25, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-20129 Filed 9-2-04; 8:45 am]
BILLING CODE 6560-50-P