Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations 57513 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 12, 2005. 

Alan J. Steinberg, 

Regional Administrator, Region 2. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart HH—New York 

■ 2. Section 52.1670 is amended by 

adding new paragraph (c)(109) to read 

as follows: 

§ 52.1670 Identification of plans. 

* * * * * 

(c) * * * 

* * * * * 

(109) Revisions to the State 

Implementation Plan submitted on June 

16, 1996 and May 27, 2005, by the New 

York State Department of 

Environmental Conservation, which 

consist of administrative changes to 

Title 6 of the New York Code, Rules and 

Regulations, Part 201, ‘‘Permits and 

Certificates.’’

(i) Incorporation by reference: 

(A) Regulations Subparts 201–7.1, 

‘‘General’’ and 201–7.2, ‘‘Emission 

Capping Using Synthetic Minor 

Permits’’ of Part 201–7, ‘‘Federally 

Enforceable Emission Caps’’ of Title 6 of 

the New York Code of Rules and 

Regulations (NYCRR), filed on June 7, 

1996, and effective on July 7, 1996. 

■ 3. In 52.1679, the table is amended by 

revising the entry under Title 6 for Part 

201 and adding new entries under Title 

6 for Subparts 201–7.1 and 201–7.2, in 

numerical order to read as follows: 

§ 52.1679 EPA—approved New York State 

regulations. 

New York State regulation State effective date Latest EPA approval date Comments 

Title 6: 

* * * * * * * 

Part 201, ‘‘Permits and Certificates’’ .......................................... 4/4/93 10/3/05 [Insert FR page 

citation] 

This action removes subpart 

201.5(e) from the State’s federally approved SIP. 

Subpart 201–7.1, ‘‘General’’ ...................................................... 7/7/96 10/3/05 [Insert FR page 

citation] 

Subpart 201–7.2, ‘‘Emission Capping Using Synthetic Minor 

Permits’’.

7/7/96 10/3/05 [Insert FR page 

citation] 

* * * * * * * 

[FR Doc. 05–19712 Filed 9–30–05; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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. 

57514 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations 

• 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

Category NAICS1 Examples of regulated 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 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 

Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations 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 °C 

(650 °F) or higher; aluminum scrap 

delacquered/decoated at 482 °C (900 °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 °C (650 °F) or higher; 

aluminum scrap delacquered/decoated 

at 482 °C (900 °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 °C (650 °F) 

or higher; aluminum scrap delacquered/ 

decoated at 482 °C (900 °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 Tbar, 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 °C (1400 °F) 

instead of 750 °C (1400 °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 

57516 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations 

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-forprofit 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 costeffective, 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 

Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Rules and Regulations 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. 

■ 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] 

■ 1. The authority citation for part 63 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

Subpart RRR—[Amended] 

■ 2. Section 63.1503 is amended by 

revising the definition of ‘‘Clean charge’’

to read as follows: 

§ 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 °C (650 °F) 

or higher; aluminum scrap delacquered/ 

decoated at 482 °C (900 °F) or higher, 

and runaround scrap. 

* * * * * 

■ 3. Section 63.1505 is being amended 

by revising the first sentence of 

paragraph (e) introductory text to read 

as follows: 

§ 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 °C (1400 

°F) at all times. * * * 

* * * * * 

[FR Doc. 05–19713 Filed 9–30–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 050613158–5237–02; I.D. 

090105A] 

RIN 0648–AT48 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Extension 

of Emergency Fishery Closure Due to 

the Presence of the Toxin That Causes 

Paralytic Shellfish Poisoning 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action; extension of effective period. 

SUMMARY: The regulations contained in 

the temporary rule, emergency action, 

published on September 9, 2005, at the 

request of the U.S. Food and Drug 

Administration (FDA), continue through 

December 31, 2005. In that action NMFS 

reopened a portion of Federal waters of 

the Gulf of Maine, Georges Bank, and 

southern New England that it had 

previously closed from June 14, 2005, 

through September 30, 2005, to the 

harvest for human consumption of 

certain bivalve molluscan shellfish due 

to the presence in those waters of the 

toxin that causes Paralytic Shellfish 

Poisoning (PSP). The FDA has 

determined that there is insufficient 

analytical data to support the scheduled 

reopening of the entire area to all 

bivalve molluscan shellfish fishing on 

October 1, 2005. 

DATES: The temporary emergency action 

published September 9, 2005 (70 FR 

53580), is effective from September 9, 

2005, through December 31, 2005. 

ADDRESSES: Copies of the small entity 

compliance guide prepared for the 

September 9, 2005, emergency action 

are available from Patricia A. Kurkul, 

Regional Administrator, National 

Marine Fisheries Service, One 

Blackburn Drive, Gloucester, MA 01930. 

The small entity compliance guide/ 

permit holder letter is also accessible 

via the Internet at http:// 

www.nero.noaa.gov. Copies of the 

September 9, 2005, emergency action 

are available from Patricia A. Kurkul, at 

the mailing address specified above. 

FOR FURTHER INFORMATION CONTACT: E. 

Martin Jaffe, Fishery Policy Analyst, 

(978) 281–9272. 

SUPPLEMENTARY INFORMATION: