[Federal Register Volume 67, Number 156 (Tuesday, August 13, 2002)]
[Rules and Regulations]
[Pages 52616-52617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20448]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7258-8]
RIN 2060-AE77


National Emission Standards for Hazardous Air Pollutants for 
Secondary Aluminum Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: On June 14, 2002, the EPA promulgated amendments to the 
national emission standards for the secondary aluminum production 
industry as a direct final rule, along with a parallel proposal to be 
used as a basis for final action in the event that we received any 
adverse comments on the direct final amendments. Because one commenter 
submitted adverse comments on several of the provisions in the direct 
final rule, we are withdrawing the entire direct final rule. We will 
address the adverse comments in a subsequent final rule based on the 
parallel proposal published on June 14, 2002. We intend to publish the 
subsequent final rule as soon as possible.

DATES: As of August 13, 2002, the EPA withdraws the amendments to 
Secs. 63.1501, 63.1505, 63.1506, 63.1510, 63.1511, 63.1515 and Appendix 
A to subpart RRR published at 67 FR 41118 on June 14, 2002.

ADDRESSES: Docket number A-2002-05, containing supporting information 
used in the development of this notice, is available for public 
inspection and copying between 8:00 a.m. and 5:30 p.m., Monday through 
Friday (except for Federal holidays) at the following address: U.S. 
Environmental Protection Agency, Air and Radiation Docket and 
Information Center (6102T), 1301 Constitution Avenue, NW, Room B108, 
Washington, DC 20460, or by calling (202) 260-7548. A reasonable fee 
may be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Mr. John Schaefer, Minerals and 
Inorganic Chemicals Group, Emission Standards Division (C504-05), 
Office of Air Quality Planning and Standards, U.S. EPA, Research 
Triangle Park, NC 27711, telephone number (919) 541-0296, facsimile 
number (919) 541-5600, electronic mail address: [email protected].

SUPPLEMENTARY INFORMATION: On June 14, 2002, we published a direct 
final rule (67 FR 41118) and a parallel proposed rule (67 FR 41136) to 
amend the national emission standards for secondary aluminum production 
(40 CFR part 63, subpart RRR). The amendments were the result of 
settlement agreements which we executed in two cases which were brought 
seeking judicial review of the subpart RRR. The intent of the 
amendments in the direct final rule was to eliminate confusion and to 
clarify various compliance dates in the promulgated standard, to 
encourage early performance tests, and to resolve some basic 
applicability questions being addressed in a separate rulemaking before 
the compliance date for certain new sources.
    We stated in the preamble to the direct final rule and parallel 
proposal that if we received significant material adverse comment by 
July 15, 2002, on

[[Page 52617]]

one or more distinct provisions of the direct final rule, we would 
publish a timely notice in the Federal Register specifying which 
provisions will become effective and which provisions will be withdrawn 
due to adverse comment. We subsequently received from one commenter 
adverse comments on six of the amendments:
     Sec. 63.1501(c), which deferred the compliance date for 
new and reconstructed affected sources which are located at existing 
aluminum die casting, foundry, or extrusion facilities; and
     Sec. 63.1505(c),(d),(e),(f), and (k), which deferred the 
compliance date for thermal chip dryers, scrap dryers/delacquering 
kilns/decoating kilns, sweat furnaces and secondary aluminum processing 
units from the date on which performance testing was completed until 
the compliance date specified in Sec. 63.1501.
    In light of the relationship between the sections which were 
commented on and some of the remaining amendments, and to avoid the 
possibility of confusion resulting from partial adoption of the 
amendments, we have decided to withdraw all amendments contained in the 
direct final rule. Accordingly, all amendments in the direct final rule 
are withdrawn as of August 13, 2002. We recognize the potential 
disruptive effect of this withdrawal action on affected facilities. 
Therefore, after considering the adverse comments, we intend to take 
final action on the accompanying proposed rule as soon as possible. We 
will not institute a second comment period on this action.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Reporting and recordkeeping requirements.

    Dated: August 7, 2002.
Robert Brenner,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 02-20448 Filed 8-12-02; 8:45 am]
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