National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production, 57534-57536 [05-19714]
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57534
Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Proposed Rules
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This proposed action merely
proposes to approve state law as
meeting Federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that the proposed approvals in this
proposed rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). The proposed partial
disapproval will not affect any existing
state requirements applicable to small
entities. Federal disapproval of the state
submittal does not affect its stateenforceability. Moreover, EPA’s partial
disapproval of the submittal does not
impose a new Federal requirement.
Therefore, the Administrator certifies
that this proposed disapproval action
does not have a significant impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this rule
proposes to approve pre-existing
requirements under state law and does
not impose any additional enforceable
duty beyond that required by state law,
it does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4).
This proposed rule also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, 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,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does 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 (64 FR 43255,
August 10, 1999). This action merely
proposes to approve a state rule
implementing a Federal standard, and
does not alter the relationship or the
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distribution of power and
responsibilities established in the CAA.
This proposed rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This proposed rule does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 62
Environmental protection, Air
pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements, Sulfur oxides, Sulfuric
acid plants, Waste treatment and
disposal.
Dated: September 23, 2005.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 05–19711 Filed 9–30–05; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[OAR–2002–0084; FRL–7978–5]
RIN 2060–AN38
National Emission Standards for
Hazardous Air Pollutants for
Secondary Aluminum Production
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; amendments.
AGENCY:
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
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Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Proposed Rules
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.
ADDRESSES: Submit your comments,
identified by Docket ID No. OAR–2002–
0084, by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Agency Website: 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 and
colyer.rick@epa.gov.
• Fax: (202) 566–1741 and (919) 541–
5600.
• Mail: U.S. Postal Service, send
comments to: EPA Docket Center
(6102T), Attention Docket ID No. OAR–
2002–0084, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460. Please
include a duplicate copy, if possible.
We request that a separate copy also be
sent to the contact person listed below
(see FOR FURTHER INFORMATION CONTACT).
• 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 duplicate copy, if
possible. We request that a separate
copy 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 https://
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 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 email 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 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 material, such as
copyrighted material, is not placed on
57535
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.
Public Hearing. If a public hearing is
held, it will be held at 10 a.m. at the
EPA’s Environmental Research Center
Auditorium, Research Triangle Park,
NC, or at an alternate site nearby.
Persons interested in presenting oral
testimony or inquiring as to whether a
hearing is to be held should contact Ms.
Janet Eck, EPA, Office of Air Quality
Planning and Standards, Emission
Standards Division, Coatings and
Consumer Products Group (C539–03),
Research Triangle Park, NC 27711;
telephone number (919) 541–7946; email address: eck.janet@epa.gov, at least
2 days in advance of the potential date
of the public hearing. Persons interested
in attending the public hearing must
also call Ms. Eck to verify the time, date,
and location of the hearing.
Mr.
Rick Colyer, EPA, Office of Air Quality
Planning and Standards, Emission
Standards Division, Minerals and
Inorganic Chemicals Group, Emission
Standards Division (C504–05), Research
Triangle Park, NC 27711; telephone
number (919) 541–5262; facsimile
number (919) 541–5600; electronic mail
address: colyer.rick@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and
entities potentially regulated by this
action include:
TABLE 1.—REGULATED CATEGORIES AND ENTITIES
NAICS 1
Category
Industry .......................................................
331314
331312
331315
331316
331319
331521
331524
1 North
Examples of regulated entities
Secondary smelting and alloying of aluminum facilities.
Secondary aluminum production facility affected sources that are collocated at:
Primary aluminum production facilities.
Aluminum sheet, plate, and foil manufacturing facilities.
Aluminum extruded product manufacturing facilities.
Other aluminum rolling and drawing facilities.
Aluminum die casting facilities.
Aluminum foundry facilities.
American Industry Classification System.
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Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Proposed Rules
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 https://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 Diecastings, 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,
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school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit 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]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 192
[Docket No. RSPA–1998–4868; Notice 5]
RIN 2137–AB15
Gas Gathering Line Definition;
Alternative Definition for Onshore
Lines and Proposed Safety Standards
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), U.S. Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking.
AGENCY:
SUMMARY: On September 25, 1991, DOT
published a notice of proposed
rulemaking to revise the definition of
‘‘gathering line’’ in its gas pipeline
safety standards. Because the proposal
proved controversial, final action was
postponed pending collection of
additional information. In this
Supplemental Notice of Proposed
Rulemaking (SNPRM), PHMSA is
proposing use of a consensus standard
to distinguish onshore gathering lines.
PHMSA’s gas pipeline safety standards
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do not provide an adequate basis for
distinguishing these pipelines from
production facilities and transmission
lines. In addition, PHMSA is proposing
to establish safety standards for certain
higher-risk onshore gathering lines, and
to relax current standards on certain
low-risk onshore gathering lines.
(Onshore gathering lines in inlets of the
Gulf of Mexico are not affected by this
rulemaking.) Operators would use a new
risk-based approach to determine which
of its gathering lines are ‘‘regulated
onshore gathering lines’’ and what
safety standards the lines must meet. At
present, PHMSA’s safety standards do
not apply to onshore gathering lines in
rural locations, while onshore gathering
lines in non-rural locations must meet
the same requirements as transmission
lines. This regulatory approach is
insufficient to assure that conditions on
gathering lines that pose a greater risk
to the public and property are
addressed. And it does not take into
account the lower risk some other
gathering lines pose. The intended
effects of the proposed rules are
improved identification of gathering
lines, improved public confidence in
the safety of gathering lines, and safety
requirements better tailored to gathering
line risks.
DATES: Persons interested in submitting
written comments on the rules proposed
in this notice must do so by January 3,
2006. Late filed comments will be
considered so far as practicable.
ADDRESSES: Comments should reference
Docket No. RSPA–1998–4868 and may
be submitted in the following ways:
• DOT Web site: https://dms.dot.gov.
To submit comments on the DOT
electronic docket site, click ‘‘Comment/
Submissions,’’ click ‘‘Continue,’’ fill in
the requested information, click
‘‘Continue,’’ enter your comment, then
click ‘‘Submit.’’
• Fax: 1–202–493–2251.
• Mail: Docket Management System:
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Hand Delivery: DOT Docket
Management System; Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• E-Gov Web Site: https://
www.Regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency.
Instructions: You should identify the
docket number, RSPA–1998–4868, at
the beginning of your comments. If you
E:\FR\FM\03OCP1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Proposed Rules]
[Pages 57534-57536]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19714]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0084; FRL-7978-5]
RIN 2060-AN38
National Emission Standards for Hazardous Air Pollutants for
Secondary Aluminum Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
-----------------------------------------------------------------------
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
[[Page 57535]]
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.
ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2002-
0084, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Website: 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 and colyer.rick@epa.gov.
Fax: (202) 566-1741 and (919) 541-5600.
Mail: U.S. Postal Service, send comments to: EPA Docket
Center (6102T), Attention Docket ID No. OAR-2002-0084, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a
duplicate copy, if possible. We request that a separate copy also be
sent to the contact person listed below (see FOR FURTHER INFORMATION
CONTACT).
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 duplicate copy, if possible. We
request that a separate copy 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
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. 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 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
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.
Public Hearing. If a public hearing is held, it will be held at 10
a.m. at the EPA's Environmental Research Center Auditorium, Research
Triangle Park, NC, or at an alternate site nearby. Persons interested
in presenting oral testimony or inquiring as to whether a hearing is to
be held should contact Ms. Janet Eck, EPA, Office of Air Quality
Planning and Standards, Emission Standards Division, Coatings and
Consumer Products Group (C539-03), Research Triangle Park, NC 27711;
telephone number (919) 541-7946; e-mail address: eck.janet@epa.gov, at
least 2 days in advance of the potential date of the public hearing.
Persons interested in attending the public hearing must also call Ms.
Eck to verify the time, date, and location of the hearing.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Colyer, EPA, Office of Air
Quality Planning and Standards, Emission Standards Division, Minerals
and Inorganic Chemicals Group, Emission Standards Division (C504-05),
Research Triangle Park, NC 27711; telephone number (919) 541-5262;
facsimile number (919) 541-5600; electronic mail address:
colyer.rick@epa.gov.
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.
[[Page 57536]]
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 https://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]
BILLING CODE 6560-50-P
