[Federal Register Volume 65, Number 179 (Thursday, September 14, 2000)]
[Proposed Rules]
[Pages 55489-55491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23644]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6869-2]
RIN 2060-AJ09
National Emission Standards for Hazardous Air Pollutants:
Aluminum Foundry and Aluminum Die Casting Operations; Source Category
List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Advance notice of proposed rule (ANPR).
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SUMMARY: The Clean Air Act (CAA) requires EPA to list (for regulation
under section 112 of the CAA) all categories of major sources of
hazardous air pollutants (HAP) and categories of area sources if they
present a threat of adverse effects to human health or the environment.
We have recently promulgated national emission standards for hazardous
air pollutants (NESHAP) for Secondary Aluminum Production, (65 FR
15690, March 23, 2000). This ANPR announces our intention to propose
amendments to subpart RRR to remove aluminum foundries and aluminum die
casting facilities from the Secondary Aluminum Production source
category. As part of the same rulemaking, we intend to make a new
determination concerning maximum achievable control technology (MACT)
requirements for both major sources and area sources in these
industries.
The EPA previously listed aluminum foundries and aluminum die
casting facilities as part of the Secondary Aluminum Production source
category and also listed area sources in these industries for
regulation pursuant to CAA section 112(c)(6). Area sources are included
in the NESHAP due to dioxin and furan emissions. We intend to make a
new determination concerning MACT requirements deemed necessary and
appropriate for all of these sources in the context of a new source
category. Upon promulgation of a final rule removing these sources from
subpart RRR and establishing separate MACT requirements for these
sources. EPA will make conforming changes in the source category list.
This ANPR solicits comments and information to be used in making a new
determination concerning separate MACT requirements applicable to
aluminum foundries and aluminum die casting facilities.
EFFECTIVE DATE: Comments. Comments must be received on or before
October 16, 2000.
ADDRESSES: Comments. Comments should be submitted (in duplicate) to:
Air and Radiation Docket and Information Center (6102), Attention:
Docket No. A-2000-31, U.S. EPA, 1200 Pennsylvania Ave., NW, Washington,
DC 20460.
Docket. Docket No. A-2000-31 is available for public inspection and
copying from 8:00 a.m. to 5:30 p.m., Monday through Friday, at the
EPA's Air and Radiation Docket and Information Center, Waterside Mall,
Room M-1500, Ground Floor, 401 M Street SW, Washington, DC 20460. A
reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: For information concerning this ANPR,
contact Mr. Juan Santiago, Minerals and Inorganic Chemicals Group,
Emission Standards Division (MD-13), U.S. EPA, Research Triangle Park,
North Carolina 27711, (919) 541-1084, [email protected].
SUPPLEMENTARY INFORMATION:
Electronic Submission of Comments
Comments may be submitted electronically by sending electronic mail
(e-mail) to: [email protected]. Electronic comments must
be submitted as an ASCII file, avoiding the use of special characters
and any form of encryption. Comments will also be accepted or diskette
in Word Perfect 8.0 or ASCII file format. All comments in electronic
form must be identified by the docket Number A-2000-31. No Confidential
Business Information (CBI) should be submitted through e-mail.
Electronic comments may be filed online at many Federal Depository
Libraries.
Background
The CAA requires that EPA evaluate and control emissions of HAP.
The control of HAP is achieved through promulgation of emission
standards under section 112 of the CAA for sources that emit HAP. The
CAA requires us to publish a list of all categories and subcategories
of sources of HAP. We published an initial list of source categories on
July 16, 1992 (57 FR 31576). This list was last revised on November 8,
1999 (63 FR 7155).
Secondary aluminum production facilities were listed as a source
category emitting HAP in the initial list. Secondary aluminum
production was
[[Page 55490]]
defined in the EPA Report, ``Documentation for Developing the Initial
Source Category List'' to include any facility engaged in the cleaning,
melting, refining, alloying, and pouring of aluminum recovered from
scrap, foundry returns, and dross. We subsequently listed all area
sources in the Secondary Aluminum Production source category pursuant
to our obligation to regulate facilities that account for at least
ninety percent of the nationwide emissions of certain dioxins and
furans as required by section 112(c)(6) of the CAA (63 FR 17838, 17849,
April 20, 1998).
The EPA promulgated NESHAP for the Secondary Aluminum Production
source category on March 23, 2000 (65 FR 15690). As promulgated, the
NESHAP apply to major and area source aluminum foundries and aluminum
die casting facilities, except for those facilities that melt no
materials other than clean charge and materials generated within the
facility and that also do not operate a thermal chip dryer, sweat
furnace or scrap dryer/delacquering kiln/decoating kiln.
The EPA based the NESHAP for aluminum foundries and aluminum die
casting facilities, as well as its assessment of the economic impacts
on small businesses in these industry segments, on information
pertaining to representative facility practices in these industry
segments. We believed that the information in the record supporting our
NESHAP for secondary aluminum production facilities was representative
of the operations and range of emissions at aluminum die casting
facilities and aluminum foundries and sufficient to support the MACT
requirements we adopted in those standards for them, although we did
not have emissions data on dioxin and furan emissions specifically
measured at aluminum foundries and die casting facilities.
However, affected aluminum foundry operators and die casters have
expressed the view that the information and assumptions upon which we
relied when we promulgated the Secondary Aluminum Production NESHAP may
be incomplete or may not adequately represent the processes and
emissions at such facilities. Accordingly, EPA made a commitment as
part of the NESHAP for the Secondary Aluminum Production source
category to initiate a formal process to collect further information
from the facilities in these industries on the activities in which they
engage and the potential of these activities to contribute to HAP
emissions. EPA also published that, after evaluating this information,
it would make a new determination concerning MACT requirements for both
major sources and area sources in these industries. EPA has since
entered into a settlement agreement in American Foundrymen's Society,
et al. v. EPA, Civ. No. 00-1208 (D.C. Cir.) that effectuates this
commitment in the preamble to the NEWHAP for the Secondary Aluminum
Production source category.
This ANPR announces that EPA intends to undertake a new rulemaking
to remove aluminum foundries and aluminum die casting facilities from
subpart RRR and to develop alternate MACT requirements for these
sources in the context of a separate source category. We intend to
collect further information from these facilities using our authority
under CAA section 114 and to make new determination concerning the MACT
floor and any MACT requirements deemed necessary and appropriate for
these facilities based on this information. Our intention to proceed
with this new rulemaking is expressly contingent on our ability to
collect information concerning the processes employed at these
facilities and the associated emissions, sufficient both to fully
support establishment of a separate MACT floor for such facilities and
to resolve any remaining questions regarding the practicality, cost,
and efficacy of potential emission controls.
In a separate action published elsewhere in this Federal Register,
EPA is proposing a rule to stay the applicability of 40 CFR part 63,
subpart RRR (the Secondary Aluminum Production NESHAP) to existing
aluminum foundries and existing aluminum die casting facilities during
the pendency of the rulemaking to make a new determination concerning
alternate MACT requirements for these facilities. We intend to take
final action concerning this proposed stay at the same time as we
propose to remove aluminum foundries and aluminum die casting
facilities from subpart RRR and to adopt alternate MACT requirements
deemed necessary and appropriate for these facilities.
We anticipate that any MACT requirements deemed necessary and
appropriate for major and area source aluminum foundries and aluminum
die casting facilities which are currently regulated by subpart RRR
will be proposed and adopted in the context of a proposed new source
category. Whereas the EPA must establish MACT standards for major
sources, aluminum foundries and aluminum die casting facilities that
are area sources may not require such standards if existing and new
data support such a conclusion. The EPA will take final action on its
proposal to remove such facilities from subpart RRR at the same time as
it promulgates any new MACT requirements for such facilities. The EPA
will then make any necessary conforming changes in the source category
list.
Any proposed rule to adopt an alternative NESHAP for aluminum
foundries and die casters will provide affected facilities with a
reasonable amount of time after the effective date of the promulgated
standards, and in no event less than one year, to come into compliance
with the final standards. Aluminum foundries and die casters will also
have a reasonable amount of time to come into compliance with the
existing NESHAP for secondary aluminum production should EPA elect not
to issue a proposed rule to remove aluminum foundries and die casters
from 40 CFR part 63, subpart RRR.
This ANPR solicits comments and information pertaining to our
intention to develop alternate MACT requirements for major sources and
area sources in the aluminum foundry and aluminum die casting
industries. We are seeking comment concerning our intent to remove
these facilities from the Secondary Aluminum Production NESHAP and the
advantages and disadvantages of regulating aluminum foundries and
aluminum die casting facilities as a separate category.
The EPA is also seeking specific information pertaining to aluminum
foundry and aluminum die casting processes and emissions which may be
pertinent to evaluating the practicality, cost, and efficacy of
alternate MACT requirements for such facilities. Such information
includes descriptions of aluminum foundry and aluminum die casting
processes; the types and quantities of contaminated (i.e., containing
oils and coatings) scrap that is processed at these facilities; the
number of facilities that process only clean materials (e.g., ingots)
and use reactive fluxes in lower quantities than the major source
threshold (10 tons per year (tpy) of any single HAP or 25 tpy of all
HAP combined); the number of major sources of HAP emissions; the number
of area sources; and the extent of emissions of dioxins and furans at
major and area sources. We also seek information on the magnitude of
HAP emissions and methods of HAP emission estimation, emission controls
and their costs, and any existing State or local regulations for HAP
that may apply to aluminum foundries and aluminum die casting
facilities. We invite trade groups associated with aluminum foundries
and aluminum die casting facilities to provide information
[[Page 55491]]
and participate in the regulatory development process. As part of the
information gathering process, EPA intends to issue an information
collection request to the individual companies and plants which will
seek site-specific information in these and other areas.
Administrative Requirements
Because this ANPR is not a rule or a proposed rule, the EPA has not
prepared an economic impact analysis pursuant to section 317 of the
CAA, a regulatory flexibility analysis pursuant to the Regulatory
Flexibility Act, or a written statement under section 202 of the
unfunded Mandates Act of 1995. Also, this ANPR does not contain any
information collection requirements and, therefore, is not subject to
the Paperwork Reduction Act.
Under Executive Order 12866 (58 FR 5173, October 4, 1993), the EPA
must determine whether a 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
``significant regulatory action'' as one that is likely to result in
standards that may:
(1) Have an annual effect on the economy of $100 milliion 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.
OMB has determined that this proposed advance notice of proposed
rulemaking is a ``significant regulatory action'' because of novel
legal or policy reasons. As such, this action was submitted to OMB for
review.
Dated: September 8, 2000.
Carol M. Browner,
Administrator.
[FR Doc. 00-23644 Filed 9-13-00; 8:45 am]
BILLING CODE 6560-50-M