[Federal Register Volume 68, Number 170 (Wednesday, September 3, 2003)]
[Notices]
[Page 52397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22450]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7552-3]


Notice of Vacature of Specific Applicability Determinations 
Concerning National Emission Standards for Hazardous Air Pollutants for 
Secondary Aluminum

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that EPA has vacated two applicability 
determinations concerning the National Emission Standards for Hazardous 
Air Pollutants (NESHAP) for Secondary Aluminum Production, 40 CFR part 
63, subpart RRR, which were previously made by EPA in response to 
requests submitted by the U.S. Granules Corporation. EPA has determined 
that these two applicability determinations reflect conflicting 
constructions concerning the applicability of Subpart RRR to operations 
like those conducted at the U.S. Granules facilities, and that the 
retention of such conflicting constructions is inappropriate as a 
matter of law and policy. Now that these determinations have been 
vacated, EPA will commence a process to adopt a single uniform 
construction of Subpart RRR which will apply to all operations like 
those conducted at the U.S. Granules facilities.

FOR FURTHER INFORMATION CONTACT: For specific questions concerning the 
actions described in this notice, contact Scott Throwe at EPA by phone 
at: (202) 564-7013, or by e-mail at: [email protected]. For general 
questions concerning the Applicability Determination Index maintained 
by the EPA Office of Enforcement and Compliance Assurance (OECA), 
contact Maria Malave at EPA by phone at: (202) 564-7027, or by e-mail 
at: [email protected].

SUPPLEMENTARY INFORMATION: This notice announces the vacature of two 
applicability determinations made concerning the NESHAP for Secondary 
Aluminum, 40 CFR part 63, subpart RRR. An applicability determination 
concerning the U.S. Granules facility in Plymouth, Indiana was made by 
the EPA Region 5 Air Enforcement and Compliance Assurance Branch on 
August 21, 2002, in response to a request for such a determination by 
U.S. Granules dated August 14, 2002. Notice of this applicability 
determination (Control No. M020112) was published in the Federal 
Register on February 13, 2003. 68 FR 7373. The decision to vacate this 
determination was subsequently announced in a letter to U.S. Granules 
dated June 19, 2003.
    An applicability determination concerning the U.S. Granules 
facility in Henrietta, Missouri was made by the EPA Region 7 Air 
Permitting and Compliance Branch on October 22, 2002, in response to a 
request for such a determination by U.S. Granules dated October 11, 
2002. Notice of this applicability determination (Control No. M020117) 
was also published in the Federal Register on February 13, 2003. 68 FR 
7373. The decision to vacate this determination was subsequently 
announced in a letter to U.S. Granules dated June 23, 2003.
    After issuance of these two applicability determinations, EPA 
determined that these determinations reflect conflicting constructions 
concerning the applicability of Subpart RRR to operations like those 
conducted at the U.S. Granules facilities. EPA also determined that the 
retention of such conflicting constructions would be inappropriate as a 
matter of law and policy. Accordingly, EPA decided to vacate both of 
these applicability determinations and to commence a process to adopt a 
single uniform construction of Subpart RRR which will apply to all 
operations like those conducted at the U.S. Granules facilities.
    The vacature of each of the applicability determinations concerning 
U.S. Granules facilities described in this notice was final and 
effective on the date that the letter announcing that vacature was 
signed. This notice is being published to assure that parties other 
than U.S. Granules who may be interested in these determinations are 
also notified that they have been vacated. In addition to this notice, 
EPA will update the Applicability Determination Index maintained by 
OECA to reflect the vacature of these determinations.

    Dated: August 20, 2003.
Michael S. Alushin,
Director, Compliance Assessment and Media Programs Division, Office of 
Compliance.
[FR Doc. 03-22450 Filed 9-2-03; 8:45 am]
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