[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Proposed Rules]
[Pages 57534-57536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19714]


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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Federal Register indicating that the amendments are being withdrawn.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of this Federal Register are withdrawn, all comments will be addressed 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:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> 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.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#29480448474d045b044d464a424c5d694c5948074e465f"><span class="__cf_email__" data-cfemail="77165a1619135a055a1318141c12033712071659101801">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#593a3635203c2b772b303a32193c2938773e362f"><span class="__cf_email__" data-cfemail="b7d4d8dbced2c599c5ded4dcf7d2c7d699d0d8c1">[email protected]</span></a>.
    <bullet> Fax: (202) 566-1741 and (919) 541-5600.
    <bullet> 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).
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#b3d6d0d89dd9d2ddd6c7f3d6c3d29dd4dcc5"><span class="__cf_email__" data-cfemail="137670783d79727d7667537663723d747c65">[email protected]</span></a>, 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: 
<a href="/cdn-cgi/l/email-protection#15767a796c70673b677c767e557065743b727a63"><span class="__cf_email__" data-cfemail="04676b687d61762a766d676f446174652a636b72">[email protected]</span></a>.

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
------------------------------------------------------------------------
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.


[[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


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