[Federal Register Volume 69, Number 171 (Friday, September 3, 2004)]
[Proposed Rules]
[Pages 53987-53988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20129]



  Federal Register / Vol. 69, No. 171 / Friday, September 3, 2004 / 
Proposed Rules  

[[Page 53987]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0084; FRL-7808-1]


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, EPA promulgated national emission standards 
for hazardous air pollutants (NESHAP) for secondary aluminum production 
under section 112 of the Clean Air Act (CAA), and on September 24, 
2002, and on December 30, 2002, we published final amendments to the 
standards based on two separate settlement agreements. These amendments 
further clarify regulatory text, correct errors, and improve 
understanding of the rule requirements as promulgated. We are making 
the amendments by direct final rule, without prior proposal, because we 
view the revisions as noncontroversial and anticipate no adverse 
comments.
    In the Rules and Regulations section of this Federal Register, we 
are taking direct final action on the proposed amendments because we 
view the amendments as noncontroversial and anticipate no adverse 
comments. We have explained our reasons for the amendments in the 
preamble to the direct final rule. If we receive no significant adverse 
comments, we will take no further action on the proposed amendments. 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withdrawn.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Regulations section of today's Federal Register is withdrawn, all 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 the proposed amendments. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

DATES: Comments must be received on or before October 4, 2004, unless a 
hearing is requested by September 13, 2004. If a timely hearing is 
requested, written comments must be received by October 18, 2004. If a 
hearing is held, it will take place on September 20, 2004, beginning at 
10 a.m.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0084, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-1741.
     Mail: Air Docket (in duplicate if possible), Environmental 
Protection Agency, Mail code: 6102T, 1200 Pennsylvania Ave., NW., 
Washington, DC, 20460,
     Hand Delivery: Air Docket, Environmental Protection 
Agency, 1301 Constitution Avenue, NW., Room B108, Mail code: 6102T, 
Washington, DC 20004. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. OAR-2002-0084. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov websites are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through EDOCKET or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit EDOCKET on-line or see the Federal Register of May 31, 
2002 (67 FR 38102).
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the Air Docket, EPA/DC, EPA West, Room B102, 1301 Constitution 
Ave., NW, Washington, DC. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph Wood, Minerals and 
Inorganic Chemicals Group, Emission Standards Division, Office of Air 
Quality Planning and Standards, U.S. EPA, Research Triangle Park, NC 
27711, telephone number (919) 541-5446, fax number (919) 541-5600, and 
electronic mail: [email protected].

SUPPLEMENTARY INFORMATION:
    Does this action apply to me? This action does not affect the 
applicability of the existing rule as amended on December 30, 2002 (67 
FR 79808). Categories and entities potentially regulated by this action 
include:

[[Page 53988]]



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                                                  Examples of regulated
             Category               NAICS \1\           entities
------------------------------------------------------------------------
Industry.........................       331314  Secondary smelting and
                                                 alloying of aluminum
                                                 facilities.
                                                Secondary aluminum
                                                 production facility
                                                 affected sources that
                                                 are collocated at:
                                        331312  Primary aluminum
                                                 production facilities.
                                        331315  Aluminum sheet, plate,
                                                 and foil manufacturing
                                                 facilities.
                                        331316  Aluminum extruded
                                                 product manufacturing
                                                 facilities.
                                        331319  Other aluminum rolling
                                                 and drawing facilities.
                                        331521  Aluminum die casting
                                                 facilities.
                                        331524  Aluminum foundry
                                                 facilities.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in Sec.  63.1500 of the 
secondary aluminum production NESHAP. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.
    For further information, please see the information provided in the 
direct final rule that is located in the ``Rules and Regulations'' 
section of this Federal Register publication.

What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    ii. Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposed rule will also be available on the 
WWW through the Technology Transfer Network (TTN). Following the 
Administrator's signature, a copy of the action will be posted on the 
TTN's policy and guidance page for newly proposed or promulgated rules 
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.

Administrative Requirements

Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA 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 
another 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 on small entities, small entity is 
defined as: (1) A small business that is a business with less 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; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    The EPA has also determined that the amendments will not have a 
significant economic impact on a substantial number of small entities. 
The direct final amendments do not pose any requirements or costs on 
any firm, large or small. After considering the economic impacts of 
today's proposed rule on small entities, I certify 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/final rule action notice that 
is located in the ``Rules and Regulations'' section of this Federal 
Register publication.

    Dated: August 25, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-20129 Filed 9-2-04; 8:45 am]
BILLING CODE 6560-50-P