[Federal Register Volume 67, Number 217 (Friday, November 8, 2002)]
[Rules and Regulations]
[Pages 68038-68039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28501]



[[Page 68038]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7406-6]
RIN 2060-AE78


National Emission Standards for Hazardous Air Pollutants for 
Secondary Aluminum Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction of effective date.

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SUMMARY: On September 24, 2002, EPA promulgated final rule amendments 
to the national emission standards for hazardous air pollutants for 
secondary aluminum production at 65 FR 59787. Due to errors in the 
composition of the notice, an incorrect effective date of November 25, 
2002 was published. However, under Clean Air Act (CAA) section 
112(d)(10), the final rule amendments published on September 24, 2002 
were legally effective upon promulgation, and the correct effective 
date for those amendments was September 24, 2002. This document 
corrects the erroneous effective date.

EFFECTIVE DATE: November 8, 2002.

ADDRESSES: Docket A-2002-06, containing supporting information used in 
developing the final rule to which this correction notice refers, is 
available for public inspection and copying between 8:30 a.m. to 5:30 
p.m., Monday through Friday, excluding Federal holidays, at the 
following address: U.S. EPA, Air and Radiation Docket and Information 
Center, Room B-108, 1301 Constitution Avenue, NW., Washington, DC 
20460.

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

SUPPLEMENTARY INFORMATION: Docket. The docket is an organized and 
complete file of the administrative record compiled by EPA in the 
development of the final rule to which this correction document refers. 
The docket is a dynamic file because material 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 so they can effectively participate in the rulemaking 
process. Along with the proposed and promulgated rules and their 
preambles, the contents of the docket will serve as the record in the 
case of judicial review. Other material related to this rulemaking is 
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 this action will also be available through the 
WWW. Following signature, a copy of this action will be posted on EPA's 
Technology Transfer Network (TTN) policy and guidance page for newly 
proposed or promulgated rules: http://www.epa.gov/ttn/oarpg. The TTN at 
EPA's web site 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. Regulated categories and entities are secondary 
aluminum production facilities and include:

------------------------------------------------------------------------
                                 NAICS             Examples of regulated
           Category              code    SIC code         entities
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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.

SUPPLEMENTARY INFORMATION: We promulgated final rule amendments to the 
national emission standards for hazardous air pollutants for secondary 
aluminum production, 40 CFR part 63, subpart RRR, on September 24, 2002 
at 65 FR 59787. However, due to errors in the composition of the those 
amendments, an incorrect effective date of November 25, 2002 was 
published in two places. Under CAA section 112(d)(10), those amendments 
became legally effective on the date of promulgation--September 24, 
2002. Today's document corrects the effective date of those amendments.
    In the EFFECTIVE DATE section of the published document, the date 
was published as November 25, 2002. The correct effective date is 
September 24, 2002. We also incorrectly identified the effective date 
in the Congressional Review Act section of the final rule. The correct 
language for that section should have read as follows:

``J. Congressional Review Act
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a 
copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. The EPA will submit a 
report containing this rule and other required information to the 
U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States prior to publication of the rule in the 
Federal Register. A major rule cannot take effect until

[[Page 68039]]

60 days after it is published in the Federal Register. These final 
rule amendments are not a ``major rule'' as defined by 5 U.S.C. 
804(2). These amendments will be effective on September 24, 2002.''

    We are taking this action to correct the erroneous effective date 
in the September 24, 2002 notice in part because the rule as it existed 
prior to the amendments might have been construed to impose certain 
compliance obligations on affected sources prior to November 25, 2002. 
Since one of the stated purposes of the amendments was to eliminate 
confusion concerning these same compliance obligations, failure to 
correct the erroneous effective date would frustrate this purpose. We 
do not believe that any affected source will be adversely impacted by 
correction of the effective date.

Administrative Requirements

Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 5173, October 4, 1993), the EPA 
must determine whether the 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 million 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.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this correction notice does not constitute a 
``significant regulatory action'' because it does not meet any of the 
above criteria. Consequently, this action was not submitted to OMB for 
review under Executive Order 12866.

List of Subjects in 40 CFR Part 63

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

    Dated: November 4, 2002.
Jeffrey R. Holmstead,
Assistant Administrator for Air and Radiation.
[FR Doc. 02-28501 Filed 11-7-02; 8:45 am]
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