[Federal Register: October 3, 2005 (Volume 70, Number 190)]
[Rules and Regulations]
[Page 57513-57517]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc05-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0084; FRL-7978-4]
RIN 2060-AN38
National Emission Standards for Hazardous Air Pollutants for
Secondary Aluminum Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; amendments.
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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 December 30, 2002,
we published final amendments to the standards based on two separate
settlement agreements. This amendment corrects a punctuation error in
the definition of ``clean charge'' previously promulgated in the
December 30, 2002 amendments and a typographical error in the operating
temperature of a scrap dryer/delacquering kiln/decoating kiln
afterburner. We are making the amendment by direct final rule, without
prior proposal, because we view the revision as noncontroversial and
anticipate no adverse comments. However, in the Proposed Rules section
of this Federal Register, we are publishing a separate document that
will serve as the proposal to amend the national emission standards for
secondary aluminum production, if adverse comments are filed.
If we receive any adverse comments on the direct final rule, we
will publish a timely withdrawal in the Federal Register informing the
public that the amendments are being withdrawn due to adverse comment.
We will address all public comments in a subsequent final rule based on
the proposed rule. If we do not receive adverse comment on the direct
final rule, it will become effective on the date set out below. We will
not institute a second comment period on the direct final rule. Any
parties interested in commenting must do so at this time.
DATES: The direct final rule will be effective on December 2, 2005
without further notice, unless EPA receives adverse written comments by
November 2, 2005 or by November 17, 2005 if a public hearing is
requested. If EPA receives such comments, it will publish a timely
withdrawal in the Federal Register indicating that the rule is being
withdrawn due to adverse comment.
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: a-and-r-docket@epa.gov and colyer.rick@epa.gov.
[[Page 57514]]
Fax: (202) 566-1741 and (919) 541-5600.
Mail: U.S. Postal Service, EPA Docket Center,
Environmental Protection Agency, Mailcode: 6102T, Attention Docket ID
No. OAR-2002-0084, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Please include a duplicate copy, if possible.
Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center (6102T), Attention Docket ID No. OAR-2002-0084,
1301 Constitution Avenue, NW., Room B-108, 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. Please include a total of two copies, if possible.
We request that a separate copy of each comment also be sent to the
contact person listed below (see FOR FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to Docket ID No. OAR-2002-0084.
The 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. Send or deliver information identified as CBI only to the
following address: Mr. Roberto Morales, OAQPS Document Control Officer,
EPA (C404-02), Attention Docket ID No. OAR-2002-0084, Research Triangle
Park, NC 27711. Clearly mark the part or all of the information that
you claim to be CBI. 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 EPA Docket Center, Docket ID No. OAR-2002-0084, EPA West
Building, Room B-102, 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 EPA
Docket Center is (202) 566-1742. A reasonable fee may be charged for
copying docket materials.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, EPA Office of Air
Quality Planning and Standards, Emission Standards Division, Minerals
and Inorganic Chemicals Group (C504-05), Research Triangle Park, NC
27711; telephone number (919) 541-5262; fax number (919) 541-5600; e-
mail address: colyer.rick@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities
potentially regulated by this action include:
Table 1.--Regulated Categories and Entities
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Examples of regulated
Category NAICS \1\ entities
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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.
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\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 40 CFR 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.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copies of today's action will be posted on the Technology
Transfer Network's (TTN) policy and guidance information page http://www.epa.gov/ttn/caaa.
The TTN provides information and technology
exchange in various areas of air pollution control.
Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of the direct final rule amendments is available only by filing
a petition for review in the U.S. Court of Appeals for the District of
Columbia Circuit by December 2, 2005. Under section 307(d)(7)(B) of the
CAA, only an objection to the direct final rule amendments that was
raised with reasonable specificity during the period for public comment
can be raised during judicial review. Moreover, under section 307(b)(2)
of the CAA, the requirements established by the direct final rule
amendments may not be challenged separately in any civil or criminal
[[Page 57515]]
proceeding brought by EPA to enforce these requirements.
Outline. The information presented in this preamble is organized as
follows:
I. Background and Technical Corrections
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Congressional Review Act
I. Background and Technical Corrections
On March 23, 2000 (63 FR 15690), we promulgated the NESHAP for
secondary aluminum production (40 CFR part 63, subpart RRR). The
standards were established under the authority of section 112(d) of the
CAA to reduce emissions of hazardous air pollutants from major and area
sources.
On December 30, 2002 (67 FR 79808), we promulgated amendments to
the NESHAP in response to two petitions for judicial review. Among
other things, the amendments revised the definition of ``clean
charge.''
The final rule promulgated in 2000 defined ``clean charge'' as ``*
* * furnace charge materials including molten aluminum; T-bar; sow;
ingot; billet; pig; alloying elements; uncoated/unpainted thermally
dried aluminum chips; aluminum scrap dried at 343 [deg]C (650 [deg]F)
or higher; aluminum scrap delacquered/decoated at 482 [deg]C (900
[deg]F) or higher; other oil- and lubricant-free unpainted/uncoated
gates and risers; oil- and lubricant-free unpainted/uncoated aluminum
scrap, shapes, or products (e.g., pistons) that have not undergone any
process (e.g., machining, coating, painting, etc.) that would cause
contamination of the aluminum (with oils, lubricants, coatings, or
paints); and internal runaround.''
The June 14, 2002 proposed amendments (67 FR 41132) revised the
definition of ``clean charge'' to ``* * * furnace charge materials
including molten aluminum; T-bar; sow; ingot; billet; pig; alloying
elements; aluminum scrap known by the owner or operator to be entirely
free of paints, coatings, and lubricants; uncoated/unpainted aluminum
chips that have been thermally dried or treated by a centrifugal
cleaner; aluminum scrap dried at 343 [deg]C (650 [deg]F) or higher;
aluminum scrap delacquered/decoated at 482 [deg]C (900 [deg]F) or
higher, and runaround scrap.''
The December 30, 2002 final amendments (67 FR 79815) promulgated
the June 14, 2002 proposed definition of ``clean charge'' as ``* * *
furnace charge materials including molten aluminum, T-bar, sow, ingot,
billet, pig, alloying elements, aluminum scrap known by the owner or
operator to be entirely free of paints, coatings, and lubricants;
uncoated/unpainted aluminum chips that have been thermally dried or
treated by a centrifugal cleaner; aluminum scrap dried at 343 [deg]C
(650 [deg]F) or higher; aluminum scrap delacquered/decoated at 482
[deg]C (900 [deg]F) or higher, and runaround scrap.''
While the basic substance of the definition of ``clean charge'' did
not change between the 2002 proposal and promulgation, the punctuation
did. The replacement of certain semicolons with commas had an
inadvertent effect on the interpretation of parts of the definition.
These typographical errors unintentionally applied the phrase
``entirely free of paints, coatings, and lubricants'' to molten
aluminum, T-bar, sow, ingot, billet, pig, and alloying elements. The
definition of ``clean charge'' in the June 14, 2002 proposed amendments
separated the list of charge materials with semicolons indicating that
the phrase ``entirely free of paints, coatings, and lubricants'' was
intended to apply only to ``aluminum scrap.'' This issue came to our
attention when questions arose regarding paint and ink markings on
aluminum ingots, T-bars, sows, etc. The die casting industry routinely
marks aluminum ingots, sows, etc., with paint, ink, and grease pen
marking to identify specific alloys and batch numbers. It is our intent
that T-bar, sow, ingot, billet, pig, and alloying elements be
considered ``clean charge,'' notwithstanding ink, grease, or paint
markings.
To clarify our intent and to correct this typographical error, we
are revising the definition of ``clean charge'' to match that
previously proposed on June 14, 2002 (67 FR 41132).
We are also correcting a typographical error in 40 CFR 63.1505(e).
The operating temperature of the scrap dryer/delacquering kiln/
decoating kiln afterburner should be 760 [deg]C (1400 [deg]F) instead
of 750 [deg]C (1400 [deg]F).
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether this 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 a
``significant regulatory action'' as one that is likely to result in a
rule 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 the direct final amendments do not constitute a
``significant regulatory action'' because they do not meet any of the
above criteria. Consequently, this action was not submitted to OMB for
review under Executive Order 12866.
B. Paperwork Reduction Act
The information collection requirements in the final rule (65 FR
15690, March 23, 2000) were submitted to and approved by OMB under the
Paperwork Reduction Act, 44 U.S.C. 3501, et seq, and assigned OMB
control number 2060-0433. An Information Collection Request (ICR)
document was prepared by EPA (ICR No. 1894.01) and a copy may be
obtained from Susan Auby by mail at Office of Environmental Information
Collection Strategies Division (MD-2822T), 1200 Pennsylvania Avenue,
NW., Washington DC 20460, by e-mail at auby.susan@epa.gov, or by
calling (202) 566-1672. A copy may also be downloaded from the internet
at http://www.epa.gov/icr.
Today's action makes clarifying changes to the final rule and
imposes no new information collection requirements on the industry.
Because there is no additional burden on the industry as a result of
the direct final
[[Page 57516]]
rule amendments, the ICR has not been revised.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purpose of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to respond to a collection of information; search data
sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 63 are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with today's action.
For purposes of assessing the impacts of today's direct final rule
amendments on small entities, small entity is defined as: (1) A small
business as defined by the Small Business Administrations' regulations
at 13 CFR 121.201; (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.
After considering the economic impacts of today's direct final rule
amendments on small entities, EPA has concluded that this action will
not have a significant economic impact on a substantial number of small
entities. This action will not impose any requirements on small
entities. Today's direct final would only correct definitional and
typographical errors.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating a rule for which a written statement is
needed, section 205 of the UMRA generally requires us to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows the EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that the direct final rule amendments do not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, or tribal governments, in the
aggregate, or to the private sector in any 1 year. Thus, today's direct
final rule amendments are not subject to sections 202 and 205 of the
UMRA. The EPA has also determined that the direct final rule amendments
contain no regulatory requirements that might significantly or uniquely
affect small governments. Thus, today's direct final rule amendments
are not subject to the requirements of section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
The direct final rule amendments do not have federalism
implications and will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
None of the affected facilities are owned or operated by State
governments. Thus, Executive Order 13132 does not apply to the direct
final rule amendments.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' The direct final rule amendments do
not have tribal implications, as specified in Executive Order 13175.
They will not have substantial direct effects on tribal governments, on
the relationship between the Federal government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
government and Indian tribes. Thus, Executive Order 13175 does not
apply to the direct final rule amendments.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant,'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of
[[Page 57517]]
the Executive Order has the potential to influence the regulation. The
direct final rule amendments are not subject to Executive Order 13045
because they are not ``economically significant'' and are based on
technology performance and not on health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
The direct final rule amendments are not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001)
because they are not a significant regulatory action under Executive
Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995, Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. The VCS are technical
standards (e.g., materials specifications, test methods, sampling
procedures, business practices) that are developed or adopted by VCS
bodies. The NTTAA directs EPA to provide Congress, through the OMB,
explanations when the Agency decides not to use available and
applicable VCS.
The direct final rule amendments do not involve technical
standards. Therefore, EPA did not consider the use of any VCS.
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
the direct final rule and other required information to the United
States Senate, the United States House of Representatives, and the
Comptroller General of the United States prior to publication of the
direct final rule in the Federal Register. A major rule cannot take
effect until 60 days after it is published in the Federal Register. The
direct final rule amendments are not a ``major rule'' as defined by 5
U.S.C. 804(2). The direct final rule amendments are effective on
December 2, 2005.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: September 27, 2005.
Stephen L. Johnson,
Administrator.
0
For the reasons stated in the preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart RRR--[Amended]
0
2. Section 63.1503 is amended by revising the definition of ``Clean
charge'' to read as follows:
Sec. 63.1503 Definitions.
* * * * *
Clean charge means furnace charge materials, including molten
aluminum; T-bar; sow; ingot; billet; pig; alloying elements; aluminum
scrap known by the owner or operator to be entirely free of paints,
coatings, and lubricants; uncoated/unpainted aluminum chips that have
been thermally dried or treated by a centrifugal cleaner; aluminum
scrap dried at 343 [deg]C (650 [deg]F) or higher; aluminum scrap
delacquered/decoated at 482 [deg]C (900 [deg]F) or higher, and
runaround scrap.
* * * * *
0
3. Section 63.1505 is being amended by revising the first sentence of
paragraph (e) introductory text to read as follows:
Sec. 63.1505 Emission standards for affected sources and emission
units.
* * * * *
(e) Scrap dryer/delacquering kiln/decoating kiln: alternative
limits. The owner or operator of a scrap dryer/ delacquering kiln/
decoating kiln may choose to comply with the emission limits in this
paragraph (e) as an alternative to the limits in paragraph (d) of this
section if the scrap dryer/delacquering kiln/decoating kiln is equipped
with an afterburner having a design residence time of at least 1 second
and the afterburner is operated at a temperature of at least 760 [deg]C
(1400 [deg]F) at all times. * * *
* * * * *
[FR Doc. 05-19713 Filed 9-30-05; 8:45 am]
BILLING CODE 6560-50-P