57534 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Proposed Rules 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

action is not a ‘‘significant regulatory 

action’’ and therefore is not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This proposed action merely 

proposes to approve state law as 

meeting Federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that the proposed approvals in this 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). The proposed partial 

disapproval will not affect any existing 

state requirements applicable to small 

entities. Federal disapproval of the state 

submittal does not affect its stateenforceability. Moreover, EPA’s partial 

disapproval of the submittal does not 

impose a new Federal requirement. 

Therefore, the Administrator certifies 

that this proposed disapproval action 

does not have a significant impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this rule 

proposes to approve pre-existing 

requirements under state law and does 

not impose any additional enforceable 

duty beyond that required by state law, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4). 

This proposed rule also does not have 

tribal implications because it will not 

have a substantial direct effect on one or 

more Indian tribes, 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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does 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 (64 FR 43255, 

August 10, 1999). This action merely 

proposes to approve a state rule 

implementing a Federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

This proposed rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the CAA. Thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. This proposed rule does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 62 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, Sulfur oxides, Sulfuric 

acid plants, Waste treatment and 

disposal. 

Dated: September 23, 2005. 

James B. Gulliford, 

Regional Administrator, Region 7. 

[FR Doc. 05–19711 Filed 9–30–05; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 

Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Proposed Rules 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 email 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; email 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

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. 

57536 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Proposed Rules 

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 Diecastings, 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-forprofit 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 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 192 

[Docket No. RSPA–1998–4868; Notice 5] 

RIN 2137–AB15 

Gas Gathering Line Definition; 

Alternative Definition for Onshore 

Lines and Proposed Safety Standards 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), U.S. Department of 

Transportation (DOT). 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: On September 25, 1991, DOT 

published a notice of proposed 

rulemaking to revise the definition of 

‘‘gathering line’’ in its gas pipeline 

safety standards. Because the proposal 

proved controversial, final action was 

postponed pending collection of 

additional information. In this 

Supplemental Notice of Proposed 

Rulemaking (SNPRM), PHMSA is 

proposing use of a consensus standard 

to distinguish onshore gathering lines. 

PHMSA’s gas pipeline safety standards 

do not provide an adequate basis for 

distinguishing these pipelines from 

production facilities and transmission 

lines. In addition, PHMSA is proposing 

to establish safety standards for certain 

higher-risk onshore gathering lines, and 

to relax current standards on certain 

low-risk onshore gathering lines. 

(Onshore gathering lines in inlets of the 

Gulf of Mexico are not affected by this 

rulemaking.) Operators would use a new 

risk-based approach to determine which 

of its gathering lines are ‘‘regulated 

onshore gathering lines’’ and what 

safety standards the lines must meet. At 

present, PHMSA’s safety standards do 

not apply to onshore gathering lines in 

rural locations, while onshore gathering 

lines in non-rural locations must meet 

the same requirements as transmission 

lines. This regulatory approach is 

insufficient to assure that conditions on 

gathering lines that pose a greater risk 

to the public and property are 

addressed. And it does not take into 

account the lower risk some other 

gathering lines pose. The intended 

effects of the proposed rules are 

improved identification of gathering 

lines, improved public confidence in 

the safety of gathering lines, and safety 

requirements better tailored to gathering 

line risks. 

DATES: Persons interested in submitting 

written comments on the rules proposed 

in this notice must do so by January 3, 

2006. Late filed comments will be 

considered so far as practicable. 

ADDRESSES: Comments should reference 

Docket No. RSPA–1998–4868 and may 

be submitted in the following ways: 

• DOT Web site: http://dms.dot.gov. 

To submit comments on the DOT 

electronic docket site, click ‘‘Comment/ 

Submissions,’’ click ‘‘Continue,’’ fill in 

the requested information, click 

‘‘Continue,’’ enter your comment, then 

click ‘‘Submit.’’

• Fax: 1–202–493–2251. 

• Mail: Docket Management System: 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: DOT Docket 

Management System; Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• E-Gov Web Site: http:// 

www.Regulations.gov. This site allows 

the public to enter comments on any 

Federal Register notice issued by any 

agency. 

Instructions: You should identify the 

docket number, RSPA–1998–4868, at 

the beginning of your comments. If you