[Federal Register Volume 72, Number 127 (Tuesday, July 3, 2007)]
[Proposed Rules]
[Pages 36415-36418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12848]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0510; FRL-8334-3]
RIN 2060-AO46


Amendments to National Emission Standards for Hazardous Air 
Pollutants for Primary Copper Smelting and Secondary Copper Smelting 
Area Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend the national emission standards for 
primary copper smelting area sources and secondary copper smelting area 
sources published on January 23, 2007. The amendments to the national 
emission standards for primary copper smelting area sources clarify 
when

[[Page 36416]]

plants must exhaust gases to a control device and what control devices 
may be used for this requirement; numbering errors are also corrected. 
The amendments to the national emission standards for secondary copper 
smelting area sources clarify the date which defines a new copper 
smelter and correct a cross-referencing error.

DATES: Written comments must be received by August 2, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0510 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-1741.
     Mail: National Emission Standards for Hazardous Air 
Pollutants for Four Area Source Categories Docket, Environmental 
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Please include a total of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Nizich, Sector Policies and 
Programs Division, Office of Air Quality Planning and Standards (D243-
02), Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711, telephone number: (919) 541-2825; fax number: (919) 
541-3207; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: The information presented in this document 
is organized as follows:

I. Why is EPA issuing the proposed rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. 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 Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Why is EPA issuing the proposed rule?

    In the ``Rules and Regulations'' section of this Federal Register, 
we are issuing these corrections as a direct final rule without a prior 
proposed rule. If we receive no adverse comment, we will not take 
further action on this proposed rule. On January 23, 2007 (72 FR 2944; 
72 FR 2952), we issued the national emission standards for hazardous 
air pollutants (NESHAP) for primary copper smelting area sources (40 
CFR part 63, subpart EEEEEE) and the NESHAP for secondary copper 
smelting area sources (40 CFR part 63, subpart FFFFFF). This document 
proposes to make certain technical and editorial corrections to both 
rules. We have published a direct final rule correcting the area source 
NESHAP in the ``Rules and Regulations'' section of this Federal 
Register because we view this as a noncontroversial action and 
anticipate no adverse comment. We have explained our reasons for this 
action in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on the proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We would address all 
public comments in any subsequent final rule based on the proposed 
rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For information about commenting on the rule, see the ADDRESSES section 
of this document.

II. Does this action apply to me?

    Categories and entities potentially regulated by the proposed rule 
include:

------------------------------------------------------------------------
                                      NAICS      Examples of regulated
             Category                code \1\           entities
------------------------------------------------------------------------
Industry..........................     331411  Primary copper smelting
                                                area source facilities
                                                that produce copper from
                                                copper sulfide ore
                                                concentrates using
                                                pyrometallurgical
                                                techniques.
                                       331423  Secondary copper smelting
                                                area source facilities
                                                that process copper
                                                scrap in a blast furnace
                                                and converter or use
                                                another
                                                pyrometallurgical
                                                purification process to
                                                produce anode copper
                                                from copper scrap,
                                                including low-grade
                                                copper scrap.
------------------------------------------------------------------------
\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 affected by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.11146 of 
subpart EEEEEE (NESHAP for Primary Copper Smelting Area Sources) or 40 
CFR 63.11153 of subpart FFFFFF (NESHAP for Secondary Copper Smelting 
Area Sources). If you have any questions regarding the applicability of 
this action to a particular entity, consult either the air permit 
authority for the entity or your EPA regional representative as listed 
in 40 CFR 63.13 of subpart A (General Provisions).

III. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this proposed action will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this proposed action will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information 
and technology exchange in various areas of air pollution control.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the

[[Page 36417]]

provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. EPA 
is proposing this action to make certain technical and editorial 
corrections in the NESHAP for primary and secondary copper smelting 
area sources. These proposed corrections do not include any information 
collection requirement.
    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 purposes 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 be able 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 Regulatory Flexibility Act 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 any other 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 the purposes of assessing the impacts of the proposed rule on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration's regulations at 13 CFR 
121.201 (less than 1,000 employees for primary copper smelting and less 
than 750 employees for secondary copper smelting); (2) a government 
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 that is not dominant in its field.
    After considering the economic impacts of the proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. We have 
determined that small businesses in these area source categories will 
not incur any adverse impacts because EPA is taking this action to make 
certain technical and editorial corrections in the NESHAP for primary 
and secondary copper smelting area sources, and these corrections would 
not create any new requirements or burdens. No costs are associated 
with the proposed corrections to the two NESHAP. We continue to be 
interested in the potential impacts of the proposed corrections on 
small entities and welcome comments on issues related to such impacts.

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 the 
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 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA 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 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.
    EPA has determined that this action does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and Tribal governments, in the aggregate, or the private 
sector in any one year. EPA is taking this action to make certain 
technical and editorial corrections to the NESHAP for primary and 
secondary copper smelting area sources. No costs are associated with 
these proposed corrections. Thus, this action is not subject to the 
requirements of sections 202 and 205 of the UMRA. In addition, EPA has 
determined that this proposed action contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. The technical and editorial corrections proposed in this 
action contain no requirements that apply to such governments, impose 
no obligations upon them, and would not result in any expenditures by 
them or any disproportionate impacts on them. Therefore, the proposed 
rule is 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 proposed rule does not have federalism implications. The 
proposed rule makes certain technical and editorial corrections to the 
NESHAP for primary and secondary smelting area sources. These proposed 
corrections do not impose requirements on State or local governments. 
They have no 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. Thus, Executive Order 13132 does 
not apply to the proposed rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on the

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proposed rule from State and local officials.

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 proposed rule does not have tribal 
implications, as specified in Executive Order 13175. The proposed rule 
makes certain technical and editorial corrections to the NESHAP for 
primary and secondary copper smelting area sources. These proposed 
corrections do not impose requirements on tribal governments. They also 
have no 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 proposed rule.

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, EPA 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 EPA.
    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 the Order has the 
potential to influence the regulation. The proposed rule is not subject 
to Executive Order 13045 because the NESHAP for the primary and 
secondary copper smelting area sources are based on technology 
performance and not on health or safety risks.

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

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

I. National Technology Transfer Advancement Act

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

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12848 (58 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that the proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The technical and editorial corrections in the proposed 
rule do not change the level of control required by the NESHAP.

List of Subjects in 40 CFR Part 63

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

    Dated: June 27, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7-12848 Filed 7-2-07; 8:45 am]
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