[Federal Register: July 3, 2007 (Volume 72, Number 127)]
[Proposed Rules]
[Page 36415-36418]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy07-24]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2006-0510; FRL-8334-3]
RIN 2060-AO46
Amendments to National Emission Standards for Hazardous Air
Pollutants for Primary Copper Smelting and Secondary Copper Smelting
Area Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to amend the national emission standards for
primary copper smelting area sources and secondary copper smelting area
sources published on January 23, 2007. The amendments to the national
emission standards for primary copper smelting area sources clarify
when
[[Page 36416]]
plants must exhaust gases to a control device and what control devices
may be used for this requirement; numbering errors are also corrected.
The amendments to the national emission standards for secondary copper
smelting area sources clarify the date which defines a new copper
smelter and correct a cross-referencing error.
DATES: Written comments must be received by August 2, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0510 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: National Emission Standards for Hazardous Air
Pollutants for Four Area Source Categories Docket, Environmental
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a total of two copies.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
FOR FURTHER INFORMATION CONTACT: Ms. Sharon Nizich, Sector Policies and
Programs Division, Office of Air Quality Planning and Standards (D243-
02), Environmental Protection Agency, Research Triangle Park, North
Carolina 27711, telephone number: (919) 541-2825; fax number: (919)
541-3207; e-mail address: nizich.sharon@epa.gov.
SUPPLEMENTARY INFORMATION: The information presented in this document
is organized as follows:
I. Why is EPA issuing the proposed rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. 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 Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. Why is EPA issuing the proposed rule?
In the ``Rules and Regulations'' section of this Federal Register,
we are issuing these corrections as a direct final rule without a prior
proposed rule. If we receive no adverse comment, we will not take
further action on this proposed rule. On January 23, 2007 (72 FR 2944;
72 FR 2952), we issued the national emission standards for hazardous
air pollutants (NESHAP) for primary copper smelting area sources (40
CFR part 63, subpart EEEEEE) and the NESHAP for secondary copper
smelting area sources (40 CFR part 63, subpart FFFFFF). This document
proposes to make certain technical and editorial corrections to both
rules. We have published a direct final rule correcting the area source
NESHAP in the ``Rules and Regulations'' section of this Federal
Register because we view this as a noncontroversial action and
anticipate no adverse comment. We have explained our reasons for this
action in the preamble to the direct final rule.
If we receive no adverse comment, we will not take further action
on the proposed rule. If we receive adverse comment, we will withdraw
the direct final rule and it will not take effect. We would address all
public comments in any subsequent final rule based on the proposed
rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For information about commenting on the rule, see the ADDRESSES section
of this document.
II. Does this action apply to me?
Categories and entities potentially regulated by the proposed rule
include:
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NAICS Examples of regulated
Category code \1\ entities
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Industry.......................... 331411 Primary copper smelting
area source facilities
that produce copper from
copper sulfide ore
concentrates using
pyrometallurgical
techniques.
331423 Secondary copper smelting
area source facilities
that process copper
scrap in a blast furnace
and converter or use
another
pyrometallurgical
purification process to
produce anode copper
from copper scrap,
including low-grade
copper scrap.
------------------------------------------------------------------------
\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 affected by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.11146 of
subpart EEEEEE (NESHAP for Primary Copper Smelting Area Sources) or 40
CFR 63.11153 of subpart FFFFFF (NESHAP for Secondary Copper Smelting
Area Sources). If you have any questions regarding the applicability of
this action to a particular entity, consult either the air permit
authority for the entity or your EPA regional representative as listed
in 40 CFR 63.13 of subpart A (General Provisions).
III. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this proposed action will also be available on the Worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following signature, a
copy of this proposed action will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information
and technology exchange in various areas of air pollution control.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under the Executive Order.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the
[[Page 36417]]
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. EPA
is proposing this action to make certain technical and editorial
corrections in the NESHAP for primary and secondary copper smelting
area sources. These proposed corrections do not include any information
collection requirement.
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 purposes 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 be able 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 Regulatory Flexibility Act 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 the purposes of assessing the impacts of the proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201 (less than 1,000 employees for primary copper smelting and less
than 750 employees for secondary copper smelting); (2) a government
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 that is not dominant in its field.
After considering the economic impacts of the proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. We have
determined that small businesses in these area source categories will
not incur any adverse impacts because EPA is taking this action to make
certain technical and editorial corrections in the NESHAP for primary
and secondary copper smelting area sources, and these corrections would
not create any new requirements or burdens. No costs are associated
with the proposed corrections to the two NESHAP. We continue to be
interested in the potential impacts of the proposed corrections on
small entities and welcome comments on issues related to such impacts.
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 the
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
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA 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 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.
EPA has determined that this action does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and Tribal governments, in the aggregate, or the private
sector in any one year. EPA is taking this action to make certain
technical and editorial corrections to the NESHAP for primary and
secondary copper smelting area sources. No costs are associated with
these proposed corrections. Thus, this action is not subject to the
requirements of sections 202 and 205 of the UMRA. In addition, EPA has
determined that this proposed action contains no regulatory
requirements that might significantly or uniquely affect small
governments. The technical and editorial corrections proposed in this
action contain no requirements that apply to such governments, impose
no obligations upon them, and would not result in any expenditures by
them or any disproportionate impacts on them. Therefore, the proposed
rule is 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 proposed rule does not have federalism implications. The
proposed rule makes certain technical and editorial corrections to the
NESHAP for primary and secondary smelting area sources. These proposed
corrections do not impose requirements on State or local governments.
They have no 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. Thus, Executive Order 13132 does
not apply to the proposed rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on the
[[Page 36418]]
proposed rule from State and local officials.
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 proposed rule does not have tribal
implications, as specified in Executive Order 13175. The proposed rule
makes certain technical and editorial corrections to the NESHAP for
primary and secondary copper smelting area sources. These proposed
corrections do not impose requirements on tribal governments. They also
have no 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 proposed rule.
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, EPA 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 EPA.
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 the Order has the
potential to influence the regulation. The proposed rule is not subject
to Executive Order 13045 because the NESHAP for the primary and
secondary copper smelting area sources are based on technology
performance and not on health or safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
The proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution or Use'' (66 FR 28355, May 22, 2001) because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when EPA decides not to use
available and applicable voluntary consensus standards.
The proposed rule does not involve technical standards. Therefore,
EPA is not considering the use of any VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12848 (58 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that the proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The technical and editorial corrections in the proposed
rule do not change the level of control required by the NESHAP.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: June 27, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7-12848 Filed 7-2-07; 8:45 am]
BILLING CODE 6560-50-P