Proposed Rules. Proposed rule; amendments

Agency: Environmental Protection Agency (EPA)
Action: Proposed rule; amendments
Citation: FR Doc. 05-19714 · RIN 2060-AN38 · OAR-2002-0084; FRL-7978-5 · 40 CFR 63

Summary

The EPA is proposing amendments to the national emission standards for hazardous air pollutants (NESHAP) for secondary aluminum production, which were issued on March 23, 2000 under section 112 of the Clean Air Act (CAA), and amended on December 30, 2002. This action proposes to correct a punctuation error in the definition of “clean charge” and a typographical error in the operating temperature of a scrap dryer/delacquering kiln/decoating kiln afterburner. 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 we anticipate no adverse comments. We have explained our reasons for the proposed amendments in the preamble to the direct final rule. If we receive no adverse comments, we will take no further action on the proposed amendments. If we receive adverse comments, we will withdraw the amendments. We will publish a timely withdrawal in the Federal Register indicating that the amendments are being withdrawn. If the direct final rule amendments in the Rules and Regulations section of this Federal Register are withdrawn, all comments will be addressed in a subsequent final action based on the proposed amendments. We will not institute a second comment period on the subsequent final action. Any parties interested in commenting must do so at this time. The regulatory text for the proposal is identical to that for the direct final rule published in the Rules and Regulations section of this Federal Register . For further supplementary information, see the direct final rule.

Dates

Comments. Written comments must be received by November 2, 2005, unless a public hearing is requested by October 13, 2005. If a hearing is requested, written comments must be received by November 17, 2005. Public Hearing. If anyone contacts EPA requesting to speak at a public hearing by October 13, 2005, we will hold a public hearing on October 18, 2005.

Supplementary Information

Regulated Entities. Categories and entities potentially regulated by this action include: Table 1.—Regulated Categories and Entities Category NAICS 1 Examples of regulated 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 final rule. If you have any questions regarding the applicability of this action to a particular entity, contact the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. Worldwide Web (WWW). In addition to being available in the docket, an electronic copy of today's proposal will also be available on the WWW through the Technology Transfer Network (TTN). Following signature, a copy of this action will be posted on the TTN's policy and guidance page for newly proposed rules at http://www.epa.gov/ttn/oarpg/. The TTN provides information and technology exchange in various areas of air pollution control. Statutory and Executive Order Reviews For information regarding other administrative requirements for this action, please see the direct final rule action that is located in the Rules and Regulations section of today's Federal Register . Regulatory Flexibility Act The Regulatory Flexibility Act (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 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 purposes of assessing the impacts of today's proposed amendments on small entities, a small entity is defined as: (1) A small business that is primarily engaged in secondary aluminum production according to Small Business Administration (SBA) size standards by NAICS code (in this case, less than 500 employees for affected businesses classified in NAICS codes 331314, Secondary Smelting and Alloying of Aluminum, 331521, Aluminum Die-castings, and 331524, Aluminum Foundries; less than 750 employees for businesses in NAICS codes 331315, Aluminum Sheet, Plate, and Foil, and 331316, Aluminum Extruded Products; and less than 1,000 employees for businesses in NAICS code 331312, Primary Aluminum Production); (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 that is independently owned and operated and is not dominant in its field. After considering the economic impacts of today's proposed amendments on small entities, I certify that this action would not have a significant economic impact on a substantial number of small entities. The proposed amendments will not impose any requirements on small entities. The proposed amendment in today's action would improve the emission standards by correcting a definitional error. We continue to be interested in the potential impacts of the proposed amendments on small entities and welcome comments on issues related to such impacts. 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. [FR Doc. 05-19714 Filed 9-30-05; 8:45 am]