[Federal Register Volume 67, Number 115 (Friday, June 14, 2002)]
[Proposed Rules]
[Pages 41136-41137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14626]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7225-7]
RIN 2060-AE77


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: On March 23, 2000, the EPA issued national emission standards 
for hazardous air pollutants for secondary aluminum production under 
section 112 of the Clean Air Act (CAA). This proposal would amend the 
standards to clarify compliance dates and defer certain early 
compliance obligations. These amendments are proposed as part of 
settlement agreements with industry trade associations, including the 
Aluminum Association and the American Foundrymen's Society.
    In the Rules and Regulations section of to Federal Register, we are 
making these amendments in a direct final NESHAP without prior proposal 
because we view the revisions as noncontroversial and anticipate no 
adverse comments. We have explained our reasons for these revisions in 
the direct final rule. If we receive no significant adverse comments, 
we will take no further action on this proposed rule. If we receive 
significant adverse comments, we will withdraw only those provisions on 
which we received significant adverse comments. We will publish a 
timely withdrawal in the Federal Register indicating which provisions 
will become effective and which provisions are being withdrawn. If part 
or all of the direct final rule in the Rules and Regulations section of 
today's Federal Register is withdrawn, all comments pertaining to those 
provisions will be addressed in a subsequent final rule based on this 
proposed rule.

DATES: Comments. We must receive written comments on or before July 15, 
2002, unless a hearing is requested by June 24, 2002. If a timely 
hearing request is submitted, we must receive written comments on or 
before July 29, 2002.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by June 24, 2002, a public hearing will be held on June 
28, 2002.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in 
duplicate, if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention Docket No. A-2002-05, U.S. EPA, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. In person or by 
courier, deliver comments (in duplicate, if possible) to: Air and 
Radiation Docket and Information Center (6102), Attention Docket No. A-
2002-05, Room M-1500, U.S. EPA, 401 M Street, SW., Washington, DC 
20460. We request a separate copy of each public comment be sent to the 
contact person listed below (see FOR FURTHER INFORMATION CONTACT).
    Public Hearing. If a public hearing is held, it will be held at the 
EPA Office of Administration Auditorium, Research Triangle Park, North 
Carolina beginning at 10 a.m.
    Docket. Docket No. A-2002-05 contains supporting information used 
in developing the amendments. The docket is located at the U.S. EPA, 
401 M Street, SW., Washington, DC 20460 in room M-1500, Waterside Mall 
(ground floor), and may be inspected from 8:30 a.m. to 5:30 p.m., 
Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John Schaefer, U.S. EPA, Minerals 
and Inorganic Chemicals Group, Emission Standards Division (Mail Code 
C504-05), Office of Air Quality Planning and Standards, Research 
Triangle Park, NC 27711, telephone number (919) 541-0296, electronic 
mail address, [email protected].

SUPPLEMENTARY INFORMATION: Comments. Comments and data may be submitted 
by electronic mail (e-mail) to [email protected]. Electronic 
comments must be submitted as an ASCII file to avoid the use of special 
characters and encryption problems and will also be accepted on disks 
in WordPerfect[reg] file format. All comments and data submitted in 
electronic form must note the docket number: A-2002-05. No confidential 
business information (CBI) should be submitted by e-mail. Electronic 
comments may be filed online at many Federal Depository Libraries.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and label it as CBI. Send submissions containing such 
proprietary information directly to the following address, and not to 
the public docket, to ensure that proprietary information is not 
inadvertently placed in the docket: Mr. Roberto Morales, OAQPS Document 
Control Officer (C404-02), U.S. EPA, Research Triangle Park, NC 27711, 
Attn: Mr. John Schaefer. The EPA will disclose information identified 
as CBI only to the extent allowed by the procedures set forth in 40 CFR 
part 2. If no claim of confidentiality accompanies a submission when it 
is received by EPA, the information may be made available without 
further notice to the public.
    Public Hearing. Persons interested in attending the hearing or 
inquiring as to whether a hearing is to be held should notify Ms. Tanya 
Medley, U.S. EPA, Minerals and Inorganic Chemicals Branch (C504-05), 
Emission Standards Division, Office of Air Quality Planning and 
Standards, Research Triangle Park, NC 27711, telephone (919) 541-5422, 
at least 2 days in advance of the hearing. Persons interested in 
attending the public hearing should also call Ms. Tanya Medley to 
verify the time, date, and location of the hearing. The public hearing 
will provide interested parties the opportunity to present data, views, 
or arguments concerning these proposed amendments.
    Docket. The docket is an organized and complete file of the 
administrative record compiled by EPA in the development of these 
amendments. The docket is a dynamic file because information is added 
throughout the rulemaking process. The docketing system is intended to 
allow members of the public and industries involved to readily identify 
and locate documents

[[Page 41137]]

so they can effectively participate in the rulemaking process. Along 
with the direct final rule and preamble and this accompanying proposal, 
the contents of the docket will serve as the record in the case of 
judicial review. (See section 307(d)(7)(A) of the Clean Air Act.) The 
regulatory text and other materials related to this rulemaking are 
available for review in the docket or copies may be mailed on request 
from the Air Docket by calling (202) 260-7548. A reasonable fee may be 
charged for copying docket materials.
    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 these actions 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. If more information regarding the TTN is needed, 
call the TTN HELP line at (919) 541-5384.
    Regulated Entities. Entities potentially regulated by this action 
are the same as the existing rule in 40 CFR part 63, subpart RRR. These 
include secondary aluminum production facilities using clean charge, 
post-consumer scrap, aluminum scrap, ingots, foundry returns, dross, or 
molten metal as the raw material, and performing one or more of the 
following processes: aluminum scrap shredding, scrap drying/
delacquering/decoating, thermal chip drying, furnace operations (i.e., 
melting, holding, refining, fluxing, or alloying), in-line fluxing, or 
dross cooling. Affected sources at facilities that are major sources of 
HAP are regulated under the final rule. Secondary aluminum production 
facilities that are collocated with primary aluminum production also 
are regulated under today's final rule. In addition, emissions of 
dioxins and furans from affected sources at facilities that are area 
sources of HAPs are also regulated. Regulated categories and entities 
include:

------------------------------------------------------------------------
                                                           Examples of
           Category             NAICS code    SIC code      regulated
                                                             entities
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Industry.....................       331314         3341  Secondary
                                                          smelting and
                                                          alloying of
                                                          aluminum
                                                          facilities.
                                                         Secondary
                                                          aluminum
                                                          production
                                                          facility
                                                          affected
                                                          sources that
                                                          are collocated
                                                          at:
                                    331312         3334  Primary
                                                          aluminum
                                                          production
                                                          facilities.
                                    331315         3353  Aluminum sheet,
                                                          plate, and
                                                          foil
                                                          manufacturing
                                                          facilities.
                                    331316         3354  Aluminum
                                                          extruded
                                                          product
                                                          manufacturing
                                                          facilities.
                                    331319         3355  Other aluminum
                                                          rolling and
                                                          drawing
                                                          facilities.
                                    331521         3363  Aluminum die
                                                          casting
                                                          facilities.
                                    331524         3365  Aluminum
                                                          foundry
                                                          facilities.
State/local/tribal             ...........  ...........  Not affected.
 governments.
Federal government...........  ...........  ...........  Not affected.
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that the Agency is now 
aware could potentially be regulated by this action. Other types of 
entities not listed in the table could also be regulated. To determine 
whether your facility is regulated by this action, you should carefully 
examine the applicability criteria in Sec. 63.1500 of the rule. If you 
have questions regarding the applicability of this action to a 
particular entity, consult the contact person listed in the preceding 
FOR FURTHER INFORMATION CONTACT section.
    A direct final rule identical to this proposal is published in the 
Rules and Regulations section of today's Federal Register. If we 
receive any significant adverse comment pertaining to one or more 
distinct amendments in this proposal, we will publish a timely notice 
in the Federal Register informing the public which amendments will 
become effective and which amendments are being withdrawn due to 
adverse comment. We will address all public comments concerning any 
withdrawn amendments in a subsequent final rule. If no relevant adverse 
comments are received, no further action will be taken on this proposal 
and the direct final rule will become effective as provided in that 
notice.
    The regulatory text for this proposal is identical to that for the 
direct final rule published in the Rules and Regulations section of 
today's Federal Register. For further supplementary information, see 
the direct final rule.
    Administrative Requirements. The Regulatory Flexibility Act (RFA), 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA), 5 U.S.C. 601 et seq., 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 rule 
amendments on small entities, a small entity is defined as: (1) A small 
business whose parent company has fewer than 750 employees; (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; or (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    We believe there will be little or no impact on small entities 
because the purpose of today's proposed amendments is to clarify the 
rule, and the changes will not impose new requirements or compliance 
costs on industry. The Administrator certifies that this action will 
not have a significant economic impact on a substantial number of small 
entities.
    For information regarding other administrative requirements for 
this action, please see the direct final rule located in the Rules and 
Regulations section of today's Federal Register.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Recordkeeping and 
reporting requirements.

    Dated: May 31, 2002.
Christine Todd Whitman,
Administrator.
[FR Doc. 02-14626 Filed 6-13-02; 8:45 am]
BILLING CODE 6560-50-P