[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR57.803]

[Page 154-155]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 57--PRIMARY NONFERROUS SMELTER ORDERS--Table of Contents
 
Subpart H--Waiver of Interim Requirement for Use of Continuous Emission 
                          Reduction Technology
 
Sec. 57.803  Issuance of tentative determination; notice.

    (a) Tentative determination. (1) The EPA staff shall formulate and 
prepare:
    (i) A ``Staff Computational Analysis,'' using the financial 
information submitted by the smelter owner under Sec. 57.802 to evaluate 
the economic circumstances of the smelter for which the waiver is 
sought;
    (ii) A tentative determination as to whether an interim requirement 
for the use of constant controls would be so costly as to necessitate 
permanent or prolonged temporary cessation of operations at the smelter 
for which the waiver is requested. The tentative determination shall 
contain a ``Proposed Report and Findings'' summarizing the conclusions 
reached in the Staff Computational Analysis, discussing the estimated 
cost of interim controls, and assessing the effect upon the smelter of 
requiring those controls. The tentative

[[Page 155]]

determination shall also contain a proposed recommendation that the 
waiver be granted or denied, based upon the Proposed Report and 
Findings, and stating any additional considerations supporting the 
proposed recommendation. This tentative determination shall be a public 
document.
    (2) In preparing the Proposed Report and Findings, the EPA staff 
shall attempt to the maximum extent feasible to avoid revealing 
confidential information which, if revealed, might damage the legitimate 
business interests of the applicant. The preceding sentence 
notwithstanding, the tentative determination shall be accompanied by a 
listing of all materials considered by EPA staff in developing the 
tentative determination. Subject to the provisions of Sec. 57.814(a), 
full copies of all such materials shall be included in the 
administrative record under Sec. 57.814, except that, to the extent the 
material consists of published material which is generally available, 
full citations to that material may be given instead.
    (b) Public notice. Public notice of EPA's tentative determination to 
grant or deny an application for a waiver shall be given by:
    (1) Publication at least once in a daily newspaper of general 
circulation in the area in which the smelter is located; and
    (2) Posting in the principal office of the municipality in which the 
smelter is located.
    (c) Individual notice. Individual notice of EPA's tentative 
determination to grant or deny an application for a waiver shall be 
mailed to the smelter owner by certified mail, return receipt requested, 
and to the air pollution control agency for the State in which the 
smelter is located.
    (d) Request for individual notice. EPA shall mail notice of its 
tentative determination to grant or deny an application for waiver to 
any person upon request. Each such request shall be submitted to the 
Administrator in writing, shall state that the request is for individual 
notice of tentative determination to grant or deny any application for a 
waiver under section 119(d) of the Clean Air Act, and shall describe the 
notice or types of notices desired (e.g., all notices, notices for a 
particular Region, notices for a particular State, notice for a 
particular city).
    (e) Form of notice. The notice of tentative determination required 
to be distributed under paragraphs (b), (c), and (d) of this section 
shall include, in addition to any other materials, the following:
    (1) A summary of the information contained in appendix A;
    (2) The tentative determination prepared under paragraph (a) of this 
section: Provided, that except in the case of the smelter owner, a 
summary of the basis for the grant or denial of the waiver may be 
provided in lieu of the formal determinations required by paragraph 
(a)(1) of this section;
    (3) A brief description of the procedures set forth in Sec. 57.804 
for requesting a public hearing on the waiver request, including a 
statement that such request must be filed within 30 days of the date of 
the notice;
    (4) A statement that written comments on the tentative determination 
submitted to EPA within 60 days of the date of the notice will be 
considered by EPA in making a final decision on the application; and
    (5) The location of the administrative record and the location at 
which interested persons may obtain further information on the tentative 
determination, including a copy of the index to the record, the 
tentative determination prepared under paragraph (a) of this section, 
and any other nonconfidential record materials.