[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Rules and Regulations]
[Pages 57513-57517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19713]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0084; FRL-7978-4]
RIN 2060-AN38


National Emission Standards for Hazardous Air Pollutants for 
Secondary Aluminum Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final 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 December 30, 2002, 
we published final amendments to the standards based on two separate 
settlement agreements. This amendment corrects a punctuation error in 
the definition of ``clean charge'' previously promulgated in the 
December 30, 2002 amendments and a typographical error in the operating 
temperature of a scrap dryer/delacquering kiln/decoating kiln 
afterburner. We are making the amendment by direct final rule, without 
prior proposal, because we view the revision as noncontroversial and 
anticipate no adverse comments. However, in the Proposed Rules section 
of this Federal Register, we are publishing a separate document that 
will serve as the proposal to amend the national emission standards for 
secondary aluminum production, if adverse comments are filed.
    If we receive any adverse comments on the direct final rule, we 
will publish a timely withdrawal in the Federal Register informing the 
public that the amendments are being withdrawn due to adverse comment. 
We will address all public comments in a subsequent final rule based on 
the proposed rule. If we do not receive adverse comment on the direct 
final rule, it will become effective on the date set out below. We will 
not institute a second comment period on the direct final rule. Any 
parties interested in commenting must do so at this time.

DATES: The direct final rule will be effective on December 2, 2005 
without further notice, unless EPA receives adverse written comments by 
November 2, 2005 or by November 17, 2005 if a public hearing is 
requested. If EPA receives such comments, it will publish a timely 
withdrawal in the Federal Register indicating that the rule is being 
withdrawn due to adverse comment.

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] and [email protected].

[[Page 57514]]

     Fax: (202) 566-1741 and (919) 541-5600.
     Mail: U.S. Postal Service, EPA Docket Center, 
Environmental Protection Agency, Mailcode: 6102T, Attention Docket ID 
No. OAR-2002-0084, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. 
Please include a duplicate copy, if possible.
     Hand Delivery: In person or by courier, deliver comments 
to: EPA Docket Center (6102T), Attention Docket ID No. OAR-2002-0084, 
1301 Constitution Avenue, NW., Room B-108, 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. Please include a total of two copies, if possible.
    We request that a separate copy of each comment also be sent to the 
contact person listed below (see FOR FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. OAR-2002-0084. 
The 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. Send or deliver information identified as CBI only to the 
following address: Mr. Roberto Morales, OAQPS Document Control Officer, 
EPA (C404-02), Attention Docket ID No. OAR-2002-0084, Research Triangle 
Park, NC 27711. Clearly mark the part or all of the information that 
you claim to be CBI. 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 EPA Docket Center, Docket ID No. OAR-2002-0084, EPA West 
Building, Room B-102, 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 EPA 
Docket Center is (202) 566-1742. A reasonable fee may be charged for 
copying docket materials.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, EPA Office of Air 
Quality Planning and Standards, Emission Standards Division, Minerals 
and Inorganic Chemicals Group (C504-05), Research Triangle Park, NC 
27711; telephone number (919) 541-5262; fax number (919) 541-5600; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities 
potentially regulated by this action include:

               Table 1.--Regulated Categories and Entities
------------------------------------------------------------------------
                                                   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 40 CFR 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.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copies of today's action will be posted on the Technology 
Transfer Network's (TTN) policy and guidance information page http://www.epa.gov/ttn/caaa. The TTN provides information and technology 
exchange in various areas of air pollution control.
    Judicial Review. Under section 307(b)(1) of the CAA, judicial 
review of the direct final rule amendments is available only by filing 
a petition for review in the U.S. Court of Appeals for the District of 
Columbia Circuit by December 2, 2005. Under section 307(d)(7)(B) of the 
CAA, only an objection to the direct final rule amendments that was 
raised with reasonable specificity during the period for public comment 
can be raised during judicial review. Moreover, under section 307(b)(2) 
of the CAA, the requirements established by the direct final rule 
amendments may not be challenged separately in any civil or criminal

[[Page 57515]]

proceeding brought by EPA to enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background and Technical Corrections
II. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act

I. Background and Technical Corrections

    On March 23, 2000 (63 FR 15690), we promulgated the NESHAP for 
secondary aluminum production (40 CFR part 63, subpart RRR). The 
standards were established under the authority of section 112(d) of the 
CAA to reduce emissions of hazardous air pollutants from major and area 
sources.
    On December 30, 2002 (67 FR 79808), we promulgated amendments to 
the NESHAP in response to two petitions for judicial review. Among 
other things, the amendments revised the definition of ``clean 
charge.''
    The final rule promulgated in 2000 defined ``clean charge'' as ``* 
* * furnace charge materials including molten aluminum; T-bar; sow; 
ingot; billet; pig; alloying elements; uncoated/unpainted thermally 
dried aluminum chips; aluminum scrap dried at 343 [deg]C (650 [deg]F) 
or higher; aluminum scrap delacquered/decoated at 482 [deg]C (900 
[deg]F) or higher; other oil- and lubricant-free unpainted/uncoated 
gates and risers; oil- and lubricant-free unpainted/uncoated aluminum 
scrap, shapes, or products (e.g., pistons) that have not undergone any 
process (e.g., machining, coating, painting, etc.) that would cause 
contamination of the aluminum (with oils, lubricants, coatings, or 
paints); and internal runaround.''
    The June 14, 2002 proposed amendments (67 FR 41132) revised the 
definition of ``clean charge'' to ``* * * furnace charge materials 
including molten aluminum; T-bar; sow; ingot; billet; pig; alloying 
elements; aluminum scrap known by the owner or operator to be entirely 
free of paints, coatings, and lubricants; uncoated/unpainted aluminum 
chips that have been thermally dried or treated by a centrifugal 
cleaner; aluminum scrap dried at 343 [deg]C (650 [deg]F) or higher; 
aluminum scrap delacquered/decoated at 482 [deg]C (900 [deg]F) or 
higher, and runaround scrap.''
    The December 30, 2002 final amendments (67 FR 79815) promulgated 
the June 14, 2002 proposed definition of ``clean charge'' as ``* * * 
furnace charge materials including molten aluminum, T-bar, sow, ingot, 
billet, pig, alloying elements, aluminum scrap known by the owner or 
operator to be entirely free of paints, coatings, and lubricants; 
uncoated/unpainted aluminum chips that have been thermally dried or 
treated by a centrifugal cleaner; aluminum scrap dried at 343 [deg]C 
(650 [deg]F) or higher; aluminum scrap delacquered/decoated at 482 
[deg]C (900 [deg]F) or higher, and runaround scrap.''
    While the basic substance of the definition of ``clean charge'' did 
not change between the 2002 proposal and promulgation, the punctuation 
did. The replacement of certain semicolons with commas had an 
inadvertent effect on the interpretation of parts of the definition. 
These typographical errors unintentionally applied the phrase 
``entirely free of paints, coatings, and lubricants'' to molten 
aluminum, T-bar, sow, ingot, billet, pig, and alloying elements. The 
definition of ``clean charge'' in the June 14, 2002 proposed amendments 
separated the list of charge materials with semicolons indicating that 
the phrase ``entirely free of paints, coatings, and lubricants'' was 
intended to apply only to ``aluminum scrap.'' This issue came to our 
attention when questions arose regarding paint and ink markings on 
aluminum ingots, T-bars, sows, etc. The die casting industry routinely 
marks aluminum ingots, sows, etc., with paint, ink, and grease pen 
marking to identify specific alloys and batch numbers. It is our intent 
that T-bar, sow, ingot, billet, pig, and alloying elements be 
considered ``clean charge,'' notwithstanding ink, grease, or paint 
markings.
    To clarify our intent and to correct this typographical error, we 
are revising the definition of ``clean charge'' to match that 
previously proposed on June 14, 2002 (67 FR 41132).
    We are also correcting a typographical error in 40 CFR 63.1505(e). 
The operating temperature of the scrap dryer/delacquering kiln/
decoating kiln afterburner should be 760 [deg]C (1400 [deg]F) instead 
of 750 [deg]C (1400 [deg]F).

II. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether this 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 a 
``significant regulatory action'' as one that is likely to result in a 
rule 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 the direct final amendments do not constitute a 
``significant regulatory action'' because they do not meet any of the 
above criteria. Consequently, this action was not submitted to OMB for 
review under Executive Order 12866.

B. Paperwork Reduction Act

    The information collection requirements in the final rule (65 FR 
15690, March 23, 2000) were submitted to and approved by OMB under the 
Paperwork Reduction Act, 44 U.S.C. 3501, et seq, and assigned OMB 
control number 2060-0433. An Information Collection Request (ICR) 
document was prepared by EPA (ICR No. 1894.01) and a copy may be 
obtained from Susan Auby by mail at Office of Environmental Information 
Collection Strategies Division (MD-2822T), 1200 Pennsylvania Avenue, 
NW., Washington DC 20460, by e-mail at [email protected], or by 
calling (202) 566-1672. A copy may also be downloaded from the internet 
at http://www.epa.gov/icr.
    Today's action makes clarifying changes to the final rule and 
imposes no new information collection requirements on the industry. 
Because there is no additional burden on the industry as a result of 
the direct final

[[Page 57516]]

rule amendments, the ICR has not been revised.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purpose of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to respond to a collection of information; search data 
sources; complete and review the collection of information; and 
transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR part 63 are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with today's action.
    For purposes of assessing the impacts of today's direct final rule 
amendments on small entities, small entity is defined as: (1) A small 
business as defined by the Small Business Administrations' regulations 
at 13 CFR 121.201; (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.
    After considering the economic impacts of today's direct final rule 
amendments on small entities, EPA has concluded that this action will 
not have a significant economic impact on a substantial number of small 
entities. This action will not impose any requirements on small 
entities. Today's direct final would only correct definitional and 
typographical errors.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating a rule for which a written statement is 
needed, section 205 of the UMRA generally requires us to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows the EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that the direct final rule amendments do not 
contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, or tribal governments, in the 
aggregate, or to the private sector in any 1 year. Thus, today's direct 
final rule amendments are not subject to sections 202 and 205 of the 
UMRA. The EPA has also determined that the direct final rule amendments 
contain no regulatory requirements that might significantly or uniquely 
affect small governments. Thus, today's direct final rule amendments 
are not subject to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
    The direct final rule amendments do not have federalism 
implications and will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. 
None of the affected facilities are owned or operated by State 
governments. Thus, Executive Order 13132 does not apply to the direct 
final rule amendments.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' The direct final rule amendments do 
not have tribal implications, as specified in Executive Order 13175. 
They will not have substantial direct effects on tribal governments, on 
the relationship between the Federal government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes. Thus, Executive Order 13175 does not 
apply to the direct final rule amendments.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant,'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of

[[Page 57517]]

the Executive Order has the potential to influence the regulation. The 
direct final rule amendments are not subject to Executive Order 13045 
because they are not ``economically significant'' and are based on 
technology performance and not on health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    The direct final rule amendments are not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) 
because they are not a significant regulatory action under Executive 
Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995, Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. The VCS are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, business practices) that are developed or adopted by VCS 
bodies. The NTTAA directs EPA to provide Congress, through the OMB, 
explanations when the Agency decides not to use available and 
applicable VCS.
    The direct final rule amendments do not involve technical 
standards. Therefore, EPA did not consider the use of any VCS.

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 
the direct final rule and other required information to the United 
States Senate, the United States House of Representatives, and the 
Comptroller General of the United States prior to publication of the 
direct final rule in the Federal Register. A major rule cannot take 
effect until 60 days after it is published in the Federal Register. The 
direct final rule amendments are not a ``major rule'' as defined by 5 
U.S.C. 804(2). The direct final rule amendments are effective on 
December 2, 2005.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: September 27, 2005.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 63 of 
the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart RRR--[Amended]

0
2. Section 63.1503 is amended by revising the definition of ``Clean 
charge'' to read as follows:


Sec.  63.1503  Definitions.

* * * * *
    Clean charge means furnace charge materials, including molten 
aluminum; T-bar; sow; ingot; billet; pig; alloying elements; aluminum 
scrap known by the owner or operator to be entirely free of paints, 
coatings, and lubricants; uncoated/unpainted aluminum chips that have 
been thermally dried or treated by a centrifugal cleaner; aluminum 
scrap dried at 343 [deg]C (650 [deg]F) or higher; aluminum scrap 
delacquered/decoated at 482 [deg]C (900 [deg]F) or higher, and 
runaround scrap.
* * * * *

0
3. Section 63.1505 is being amended by revising the first sentence of 
paragraph (e) introductory text to read as follows:


Sec.  63.1505  Emission standards for affected sources and emission 
units.

* * * * *
    (e) Scrap dryer/delacquering kiln/decoating kiln: alternative 
limits. The owner or operator of a scrap dryer/ delacquering kiln/
decoating kiln may choose to comply with the emission limits in this 
paragraph (e) as an alternative to the limits in paragraph (d) of this 
section if the scrap dryer/delacquering kiln/decoating kiln is equipped 
with an afterburner having a design residence time of at least 1 second 
and the afterburner is operated at a temperature of at least 760 [deg]C 
(1400 [deg]F) at all times. * * *
* * * * *
[FR Doc. 05-19713 Filed 9-30-05; 8:45 am]
BILLING CODE 6560-50-P