National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries, 29400-29405 [05-9591]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Rules and Regulations]
[Pages 29400-29405]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9591]



[[Page 29399]]

-----------------------------------------------------------------------

Part IV





Environmental Protection Agency





-----------------------------------------------------------------------



40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Iron and 
Steel Foundries; Final Rule and Proposed Rule

Federal Register / Vol. 70, No. 97 / Friday, May 20, 2005 / Rules and 
Regulations

[[Page 29400]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0034; FRL-7911-8]
RIN 2060-AM85


National Emission Standards for Hazardous Air Pollutants for Iron 
and Steel Foundries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments.

-----------------------------------------------------------------------

SUMMARY: On April 22, 2004, the EPA issued national emission standards 
to control hazardous air pollutants emitted from iron and steel 
foundries. This action amends the work practice requirements for 
materials certification and scrap selection/inspection programs. The 
direct final amendments add clarification and flexibility but do not 
materially change the requirements of the rule.

DATES: The direct final rule amendments will be effective on August 18, 
2005 without further notice, unless we receive adverse comments by June 
20, 2005, or by July 5, 2005 if a public hearing is requested. If such 
comments are received, we will publish a timely withdrawal in the 
Federal Register indicating which amendments will become effective and 
which amendments are being withdrawn due to adverse comment. Any 
distinct amendment, paragraph, or section of the direct final 
amendments for which we do not receive adverse comment will become 
effective on August 18, 2005. The incorporation by reference of certain 
publications listed in the direct final rule amendments is approved by 
the Director of the Federal Register as of August 18, 2005.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0034, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: https://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: a-and-r-docket@epa.gov.
     Fax: (202) 566-1741.
     Mail: Air and Radiation Docket, Docket ID OAR-2002-0034, 
U.S. EPA, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460. Please include a total of two copies.
     Hand Delivery: EPA, 1301 Constitution Avenue, NW., Room 
B102, 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.
    Instructions: Direct your comments to Docket ID No. OAR-2002-0034. 
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. The EPA EDOCKET and the Federal regulations.gov Web sites 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.
    Docket: All documents in the docket are listed in the EDOCKET index 
at https://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 information, 
such as copyrighted materials, 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 form at the Air and Radiation Docket, Docket ID No. OAR-2002-0034, 
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. Kevin Cavender, Emissions, 
Monitoring and Analysis Division (C339-02), Office of Air Quality 
Planning and Standards, EPA, Research Triangle Park, NC 27711, 
telephone number (919) 541-2364, fax number (919) 541-1903, e-mail 
address: cavender.kevin@epa.gov.

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

----------------------------------------------------------------------------------------------------------------
                                                                  NAICS code
                            Category                                 \1\        Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry.......................................................       331511  Iron foundries. Iron and steel
                                                                               plants. Automotive and large
                                                                               equipment manufacturers.
                                                                      331512  Steel investment foundries.
                                                                      331513  Steel foundries (except
                                                                               investment).
Federal government.............................................  ...........  Not affected.
State/local/tribal government..................................  ...........  Not affected.
----------------------------------------------------------------------------------------------------------------
\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 would be regulated by this 
action, you should examine the applicability criteria in Sec. Sec.  
63.7681 and 63.7682 of the national emission standards for hazardous 
air pollutants (NESHAP) for iron and steel foundries. 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 copy of today's direct final 
rule

[[Page 29401]]

amendments will be available on the WWW through the Technology Transfer 
Network (TTN). Following the Administrator's signature, a copy of the 
direct final rule amendments will be placed on the TTN's policy and 
guidance page for newly proposed or promulgated rules at https://
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.
    Judicial Review. Under section 307(b)(1) of the Clean Air Act 
(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 July 19, 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 proceedings brought by the EPA to 
enforce these requirements.
    Comments. We are issuing the amendments as a direct final rule 
without prior proposal because we view the amendments as 
noncontroversial and do not anticipate adverse comments. However, in 
the Proposed Rules section of this Federal Register, we are publishing 
a separate document that will serve as the proposal for the amendments 
contained in the direct final rule in the event that adverse comments 
are filed. If we receive any adverse comments on one or more distinct 
amendments, we will publish a timely withdrawal in the Federal Register 
informing the public which amendments will become effective and which 
amendments are being withdrawn due to adverse comment. We will address 
all public comments in a subsequent final rule based on the proposed 
rule. We will not institute a second comment period on the direct final 
rule. Any parties interested in commenting must do so at this time.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
II. Summary of the Direct Final Rule Amendments
III. Summary of Environmental, Energy, and Economic Impacts
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 that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act

I. Background

    On April 22, 2004 (69 FR 21906), we issued the NESHAP for iron and 
steel foundries (40 CFR part 63, subpart EEEEE). The NESHAP establish 
emissions limits and work practice standards for hazardous air 
pollutants (HAP) from foundry operations. The NESHAP implement section 
112(d) of the CAA by requiring all iron and steel foundries that are 
major sources of HAP to meet standards reflecting the application of 
the maximum achievable control technology (MACT).
    After publication of the NESHAP, the American Foundry Society, the 
Alliance of Automobile Manufacturers, and the Steel Founders' Society 
of America filed petitions for reconsideration of the final rule. One 
of the petitions requested clarification of certain aspects of the 
scrap certification and scrap selection/inspection work practice 
standards in 40 CFR 63.7700 concerning:
     Use of multiple scrap acquisition options;
     Requirements for ``certified'' metal ingots, oil filters, 
and organic liquids; and
     Classification of ``cleaned'' scrap materials.
    We agree with the petitioner(s) that certain changes are needed to 
clarify these aspects of the work practice standards. The changes to 
the NESHAP in today's direct final rule amendments are expected to 
resolve issues associated with the work practice standards which 
require implementing guidance or minor changes in regulatory language.
    Because the work practice standards will become effective on April 
22, 2005 (1 year after promulgation), the clarifications contained in 
the direct final rule amendments are time-critical. Today's direct 
final rule amendments will reduce compliance uncertainties and improve 
understanding of the rule requirements.

II. Summary of Direct Final Rule Amendments

    The work practice standards in 40 CFR 63.7700(a) require the owner 
or operator to comply with the scrap certification requirements in 40 
CFR 63.7700(b) or the scrap selection/inspection requirements in 40 CFR 
63.7700(c). According to one petitioner, the requirements in 40 CFR 
63.7700(a) may be interpreted to require a foundry to either comply 
with the certification requirements in 40 CFR 63.7700(b) for the entire 
foundry's scrap material and melt only those materials that are 
``certified,'' or to comply with scrap selection/inspection 
requirements in 40 CFR 63.7700(c) for all scrap materials--even if a 
significant portion of the scrap material used by the foundry meets the 
requirements in 40 CFR 63.7700(b).
    The requirements in 40 CFR 63.7700(a) were never intended to 
prevent a foundry from having segregated scrap storage areas, piles or 
bins, with the scrap material in some of these areas being subject to 
scrap certification requirements in 40 CFR 63.7700(b) and scrap 
material in other areas subject to scrap selection/inspection 
requirements in 40 CFR 63.7700(c). For example, we did not intend to 
require inspections of pig iron or other ``certifiable'' scrap simply 
because a foundry also recycled internal oily turnings. Consequently, 
we have revised the language in 40 CFR 63.7700(a) to clarify that the 
scrap requirements apply to each type of scrap material received or 
each scrap storage area, pile, or bin as long as the scrap material 
subject to certification requirements in 40 CFR 63.7700(b) remains 
segregated from scrap material subject to selection/inspection plans in 
40 CFR 63.7700(c).
    We have also clarified the requirement in 40 CFR 63.7700(b) that 
the foundry operate by a written certification that it purchases and 
uses only ``certified'' metal ingots, pig iron, slitter, or other 
materials that do not use post-consumer automotive body scrap, post-
consumer engine blocks, oil filters, oily turnings, lead components, 
mercury switches, plastics, or organic liquids. The petitioner 
specifically asked EPA to identify who must certify the metal ingots, 
to clarify the ``no organic liquids'' restriction, and to modify the 
regulatory language to clarify that the prohibited material include 
only ``used'' oil filters.
    We agree with the petitioner's concerns and have clarified the 
regulatory text of 40 CFR 63.7700(b). It is not our intent to require a 
separate certification for metal ingots. Accordingly, we have deleted 
the word ``certified'' from 40 CFR 63.7700(b). We have clarified the 
restriction on oil filters by adding the term ``post-consumer'' to 
signify that used filters

[[Page 29402]]

are the materials of concern. We have clarified the ``no organic 
liquids'' requirement by using the term ``free organic liquids.'' The 
direct final rule amendments define ``free organic liquids'' as any 
material that fails the ``Paint Filter Liquids Test'' by EPA Method 
9095A (incorporated by reference-see 40 CFR 63.14). If any portion of 
the material passes through and drips from the filter within the 5-
minute test period, the material contains free liquids. EPA Method 
9095A is available in EPA publication SW-846, ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' (Revision 1, 
December 1996).
    The petitioner also stated that the regulatory language in 40 CFR 
63.7700(b) does not allow for the recycling and use of materials if 
they have been processed to remove contaminants of concern. In support, 
the petitioner explained that some suppliers dismantle or crush and 
then wash post-consumer engine blocks prior to shipment as scrap 
material. Similarly, some scrap suppliers process oily turnings or used 
oil filters to make them environmentally acceptable for melting. In 
response to the petitioner's concerns, we have added a provision to 40 
CFR 63.7700(b) to allow for the use of ``cleaned'' scrap material. The 
new provision states that any post-consumer engine blocks, post-
consumer oil filters, or oil turnings that are processed and/or cleaned 
to the extent practicable such that the materials do not include lead 
components, mercury switches, plastics, or free organic liquids can be 
included in the certification.
    The work practice standards in 40 CFR 63.7700(c)(1) require the 
owner or operator to operate according to a materials acquisition 
program to limit the organic contaminants in the scrap. The 
requirements for material to be charged to a scrap preheater, electric 
arc furnace, or electric induction furnace are more stringent than 
those required for scrap material that is to be charged to a cupola 
furnace. During conversations with the petitioners, concerns were 
raised that the requirements in 40 CFR 63.7700(c)(1) may be interpreted 
to require a foundry to exclusively comply with either the requirements 
in 40 CFR 63.7700(c)(1)(i) or (ii) for the entire foundry's scrap 
material--even if the foundry operates both a cupola and one of the 
other furnace types. This was not our intent. As such, we have added 
the words ``as applicable'' to 40 CFR 63.7700(c)(1) to clarify that a 
foundry may process scrap that meets 40 CFR 63.7700(c)(1)(i) and scrap 
that meets 40 CFR 63.7700(c)(1)(ii) in the appropriate furnaces.
    During discussions with the petitioners regarding clarification of 
the work practice requirements, questions were raised regarding the 
ability to perform inspections at the scrap supplier's facility. In 
many cases, foundry representatives visit the supplier's facility to 
personally select and inspect scrap materials. To clarify our intent 
that the NESHAP allow inspections to take place at the supplier's 
facility, we have expanded 40 CFR 63.7700(c)(3) to specifically address 
this situation. The direct final rule amendments state that the visual 
inspections may be performed at the scrap supplier's facility. However, 
the inspection procedures in the foundry's scrap inspection/selection 
plan must include an explanation of how the periodic inspections ensure 
that not less than 10 percent of scrap purchased from each supplier is 
subject to inspection. This provision is needed to maintain consistency 
with the inspection requirements for scrap received at the facility 
gate.

III. Summary of Environmental, Energy, and Economic Impacts

    The direct final rule amendments will have no effect on 
environmental, energy, or non-air health impacts because none of the 
changes affect the stringency of the existing work practice standards. 
No costs or economic impacts are associated with the direct final rule 
amendments.

IV. 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 the regulatory action is ``significant'' and, 
therefore, subject to review by the Office of Management and Budget 
(OMB) 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.
    It has been determined that this action is not a ``significant 
regulatory action'' under the terms of Executive Order 12866, and is, 
therefore, not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The OMB has previously approved the information collection requirements 
contained in the existing rule (40 CFR part 63, subpart EEEEE) under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
and has assigned OMB control number 2060-0543, EPA ICR number 2096.02. 
A copy of the approved Information Collection Request (ICR) may be 
obtained from Susan Auby, Collection Strategies Division, U.S. 
Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW., 
Washington, DC 20460 or by calling (202) 566-1672.
    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 EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with the direct final 
rule amendments.
    For the purposes of assessing the impacts of today's direct final 
rule amendments on small entities, small entity is defined as: (1) A 
small business having 500 or fewer employees, as defined by the Small 
Business Administration for NAICS codes 331511, 331512 and 331513; (2) 
a

[[Page 29403]]

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 today's direct final rule 
amendments on small entities, the EPA has concluded that this action 
will not have a significant economic impact on a substantial number of 
small entities. In determining whether a rule has a significant 
economic impact on a substantial number of small entities, the impact 
of concern is any significant adverse economic impact on small 
entities, since the primary purpose of the regulatory flexibility 
analyses is to identify and address regulatory alternatives ``which 
minimize any significant economic impact of the proposed rule on small 
entities'' (5 U.S.C. 603 and 604). Thus, an agency may conclude that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, or 
otherwise has a positive economic effect on all of the small entities 
subject to the rule.
    We conclude that there will be a positive impact on small entities 
because the direct final rule amendments clarify the rule requirements 
to reduce compliance uncertainties. The changes do not impose new costs 
or requirements. We have, therefore, concluded that today's direct 
final rule amendments will relieve regulatory burden for all small 
entities.

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, the 
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 by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any 1 year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires the 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 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 the 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, and tribal governments, in the 
aggregate, or to the private sector in any 1 year. No new costs are 
attributable to the direct final rule amendments. Thus, the direct 
final rule amendments are not subject to the requirements of 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 because they contain 
no requirements that apply to such governments or impose obligations 
upon them. Therefore, the direct final rule amendments are not subject 
to 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. They 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 plants 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 6, 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, 
because tribal governments do not own or operate any sources subject to 
the direct final rule amendments. 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 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 the Agency.
    We interpret 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 Executive Order has 
the potential to influence the regulation. The direct final rule 
amendments are not subject to Executive Order 13045 because the NESHAP 
(and the direct final rule amendments) 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

    These direct final rule amendments are not subject to Executive 
Order 13211 (66 FR 28355, May 22, 2001) because

[[Page 29404]]

they are not a significant regulatory action under Executive Order 
12866.

I. National Technology Transfer Advancement Act

    Section 112(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C 272 note) directs the 
EPA to use voluntary consensus standards in their regulatory and 
procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impracticable. Voluntary consensus 
standards are technical standards (e.g., material specifications, test 
methods, sampling procedures, business practices) developed or adopted 
by one or more voluntary consensus bodies. The NTTAA requires EPA to 
provide Congress, through the OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    The direct final rule amendments involve technical standards. The 
direct final rule amendments incorporate by reference the ``Paint 
Filter Liquids Test'' of EPA Method 9095A in EPA Publication SW-846, 
``Methods for Evaluating Solid Waste, Physical/Chemical Methods 
(Revision 1, December 1996). Consistent with the NTTAA, EPA conducted 
searches to identify voluntary consensus standards in addition to these 
EPA methods. No applicable voluntary consensus standards were 
identified for EPA Method 9095A. The search and review results have 
been documented and placed in the docket for public review.

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 this direct 
final rule and other required information to the U.S. Senate, the U.S. 
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. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

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

    Dated: May 6, 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 A--[Amended]

0
2. Section 63.14 is amended by adding new paragraph (k)(2) to read as 
follows:


Sec.  63.14  Incorporations by reference.

* * * * *
    (k) * * *
    (2) Method 9095A, ``Paint Filter Liquids Test,'' (Revision 1, 
December 1996) as published in EPA Publication SW-846: ``Test Methods 
for Evaluating Solid Waste, Physical/Chemical Methods,'' IBR approved 
for Sec. Sec.  63.7700(b) and 63.7765.

Subpart EEEEE--[Amended]

0
3. Section 63.7700 is amended by:
0
a. Revising paragraph (a).
0
b. Revising paragraph (b).
0
c. Revising the introductory text of paragraph (c)(1).
0
d. Revising paragraph (c)(3)(i)
0
e. Adding paragraph (c)(3)(iv).
    The revisions and additions read as follows:


Sec.  63.7700  What work practice standards must I meet?

    (a) For each segregated scrap storage area, bin or pile, you must 
either comply with the certification requirements in paragraph (b) of 
this section, or prepare and implement a plan for the selection and 
inspection of scrap according to the requirements in paragraph (c) of 
this section. You may have certain scrap subject to paragraph (b) of 
this section and other scrap subject to paragraph (c) of this section 
at your facility provided the scrap remains segregated until charge 
make-up.
    (b) You must prepare and operate at all times according to a 
written certification that the foundry purchases and uses only metal 
ingots, pig iron, slitter, or other materials that do not include post-
consumer automotive body scrap, post-consumer engine blocks, post-
consumer oil filters, oily turnings, lead components, mercury switches, 
plastics, or free organic liquids. For the purpose of this paragraph 
(b), ``free organic liquids'' is defined as material that fails the 
paint filter test by EPA Method 9095A, ``Paint Filter Liquids Test'' 
(Revision 1, December 1996), as published in EPA Publication SW-846 
``Test Methods for Evaluating Solid Waste, Physical/Chemical Methods'' 
(incorporated by reference--see Sec.  63.14). Any post-consumer engine 
blocks, post-consumer oil filters, or oily turnings that are processed 
and/or cleaned to the extent practicable such that the materials do not 
include lead components, mercury switches, plastics, or free organic 
liquids can be included in this certification.
    (c) * * *
    (1) A materials acquisition program to limit organic contaminants 
according to the requirements in paragraph (c)(1)(i) or (ii) of this 
section, as applicable.
* * * * *
    (3) * * *
    (i) The inspection procedures must identify the location(s) where 
inspections are to be performed for each type of shipment. Inspections 
may be performed at the scrap supplier's facility. The selected 
location(s) must provide a reasonable vantage point, considering worker 
safety, for visual inspection.
* * * * *
    (iv) If the inspections are performed at the scrap supplier's 
facility, the inspection procedures must include an explanation of how 
the periodic inspections ensure that not less than 10 percent of scrap 
purchased from each supplier is subject to inspection.
* * * * *

0
4. Section 63.7735 is amended by revising paragraph (a) to read as 
follows:


Sec.  63.7735  How do I demonstrate initial compliance with the work 
practice standards that apply to me?

    (a) For each iron and steel foundry subject to the certification 
requirement in Sec.  63.7700(b), you have demonstrated initial 
compliance if you have certified in your notification of compliance 
status that: ``At all times, your foundry will purchase and use only 
metal ingots, pig iron, slitter, or other materials that do not include 
post-consumer automotive body scrap, post-consumer engine blocks, post-
consumer oil filters, oily turnings, lead components, mercury switches, 
plastics, or free organic liquids.''
* * * * *

0
5. Section 63.7765 is amended by adding, in alphabetical order, a

[[Page 29405]]

definition for the term, ``Free organic liquids'' to read as follows:


Sec.  63.7765  What definitions apply to this subpart?

* * * * *
    Free organic liquids means material that fails the paint filter 
test by EPA Method 9095A (incorporated by reference--see Sec.  63.14). 
That is, if any portion of the material passes through and drops from 
the filter within the 5-minute test period, the material contains free 
liquids.
* * * * *
[FR Doc. 05-9591 Filed 5-19-05; 8:45 am]
BILLING CODE 6560-50-P