[Federal Register: October 3, 2005 (Volume 70, Number 190)]
[Proposed Rules]
[Page 57534-57536]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc05-23]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0084; FRL-7978-5]
RIN 2060-AN38
National Emission Standards for Hazardous Air Pollutants for
Secondary Aluminum Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
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SUMMARY: The EPA is proposing amendments to the national emission
standards for hazardous air pollutants (NESHAP) for secondary aluminum
production, which were issued on March 23, 2000 under section 112 of
the Clean Air Act (CAA), and amended on December 30, 2002. This action
proposes to correct a punctuation error in the definition of ``clean
charge'' and a typographical error in the operating temperature of a
scrap dryer/delacquering kiln/decoating kiln afterburner.
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 we anticipate no adverse
comments. We have explained our reasons for the proposed amendments in
the preamble to the direct final rule.
If we receive no adverse comments, we will take no further action
on the proposed amendments. If we receive adverse comments, we will
withdraw the amendments. We will publish a timely withdrawal in the
Federal Register indicating that the amendments are being withdrawn. If
the direct final rule amendments in the Rules and Regulations section
of this Federal Register are withdrawn, all comments will be addressed
in a subsequent final action based on the proposed amendments. We will
not institute a second comment period on the subsequent final action.
Any parties interested in commenting must do so at this time.
The regulatory text for the proposal is identical to that for the
direct final rule published in the Rules and Regulations section of
this Federal Register. For further supplementary information, see the
direct final rule.
DATES: Comments. Written comments must be received by November 2, 2005,
unless a public hearing is requested by October 13, 2005. If a hearing
is requested, written comments must be received by November 17, 2005.
Public
[[Page 57535]]
Hearing. If anyone contacts EPA requesting to speak at a public hearing
by October 13, 2005, we will hold a public hearing on October 18, 2005.
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 Website: 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.
Fax: (202) 566-1741 and (919) 541-5600.
Mail: U.S. Postal Service, send comments to: EPA Docket
Center (6102T), Attention Docket ID No. OAR-2002-0084, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a
duplicate copy, if possible. We request that a separate copy also be
sent to the contact person listed below (see FOR FURTHER INFORMATION
CONTACT).
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 duplicate copy, if possible. We
request that a separate copy 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
Web sites 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.
Public Hearing. If a public hearing is held, it will be held at 10
a.m. at the EPA's Environmental Research Center Auditorium, Research
Triangle Park, NC, or at an alternate site nearby. Persons interested
in presenting oral testimony or inquiring as to whether a hearing is to
be held should contact Ms. Janet Eck, EPA, Office of Air Quality
Planning and Standards, Emission Standards Division, Coatings and
Consumer Products Group (C539-03), Research Triangle Park, NC 27711;
telephone number (919) 541-7946; e-mail address: eck.janet@epa.gov, at
least 2 days in advance of the potential date of the public hearing.
Persons interested in attending the public hearing must also call Ms.
Eck to verify the time, date, and location of the hearing.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, EPA, Office of Air
Quality Planning and Standards, Emission Standards Division, Minerals
and Inorganic Chemicals Group, Emission Standards Division (C504-05),
Research Triangle Park, NC 27711; telephone number (919) 541-5262;
facsimile number (919) 541-5600; electronic 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.
[[Page 57536]]
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
final rule. If you have any questions regarding the applicability of
this action to a particular entity, contact the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section. Worldwide Web (WWW).
In addition to being available in the docket, an electronic copy of
today's proposal will also be available on the WWW through the
Technology Transfer Network (TTN). Following signature, a copy of this
action will be posted on the TTN's policy and guidance page for newly
proposed rules at http://www.epa.gov/ttn/oarpg/. The TTN provides
information and technology exchange in various areas of air pollution
control.
Statutory and Executive Order Reviews
For information regarding other administrative requirements for
this action, please see the direct final rule action that is located in
the Rules and Regulations section of today's Federal Register.
Regulatory Flexibility Act
The Regulatory Flexibility Act (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 any other 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
amendments on small entities, a small entity is defined as: (1) A small
business that is primarily engaged in secondary aluminum production
according to Small Business Administration (SBA) size standards by
NAICS code (in this case, less than 500 employees for affected
businesses classified in NAICS codes 331314, Secondary Smelting and
Alloying of Aluminum, 331521, Aluminum Die-castings, and 331524,
Aluminum Foundries; less than 750 employees for businesses in NAICS
codes 331315, Aluminum Sheet, Plate, and Foil, and 331316, Aluminum
Extruded Products; and less than 1,000 employees for businesses in
NAICS code 331312, Primary Aluminum Production); (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 that is independently owned and operated and is not dominant
in its field.
After considering the economic impacts of today's proposed
amendments on small entities, I certify that this action would not have
a significant economic impact on a substantial number of small
entities. The proposed amendments will not impose any requirements on
small entities. The proposed amendment in today's action would improve
the emission standards by correcting a definitional error. We continue
to be interested in the potential impacts of the proposed amendments on
small entities and welcome comments on issues related to such impacts.
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.
[FR Doc. 05-19714 Filed 9-30-05; 8:45 am]
BILLING CODE 6560-50-P