
[Federal Register: September 10, 2009 (Volume 74, Number 174)]
[Rules and Regulations]               
[Page 46493-46495]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se09-4]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2008-0236; FRL-8954-3]
RIN 2060-AP85

 
National Emission Standards for Hazardous Air Pollutants: Area 
Source Standards for Aluminum, Copper, and Other Nonferrous Foundries--
Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: This action makes technical corrections to regulatory text of 
the ``Revision of Source Category List for Standards Under Section 
112(k) of the Clean Air Act; National Emission Standards for Hazardous 
Air Pollutants: Area Source Standards for Aluminum, Copper, and Other 
Nonferrous Foundries,'' which was issued as a final rule on June 25, 
2009. These technical corrections will not change the standards 
established by the rule or the level of health protection provided.

DATES: Effective Date: September 10, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2008-0236. All documents in the docket are listed in the 
Federal Docket Management System index at http://www.regulations.gov. 
Although listed in the index, some information is not publicly 
available (e.g., confidential business information (CBI) or other 
information whose disclosure is restricted by statute). Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy form. Publicly available docket materials are available 
either electronically through http://www.regulations.gov or in hard 
copy at the EPA Docket Center, Public Reading Room, EPA West, Room 
3334, 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: For questions about the final 
standards for aluminum foundries, contact Mr. David Cole, Office of Air 
Quality Planning and Standards, Outreach and Information Division, 
Regulatory Development and Policy Analysis Group (C404-05), 
Environmental Protection Agency, Research Triangle Park, NC 27711; 
Telephone Number: (919) 541-5565; Fax Number: (919) 541-0242; E-mail 
address: Cole.David@epa.gov. For questions about the final standards 
for copper foundries and other nonferrous foundries, contact Mr. Gary 
Blais, Office of Air Quality Planning and Standards, Outreach and 
Information Division, Regulatory Development and Policy Analysis Group 
(C404-05), Environmental Protection Agency, Research Triangle Park, NC 
27711; Telephone Number: (919) 541-3223; Fax Number: (919) 541-0242; E-
mail address: Blais.Gary@epa.gov.

SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedure 
Act (APA), 5 U.S.C. 553(b)(B), provides that, when an agency for good 
cause finds that notice and public procedure are impracticable, 
unnecessary, or contrary to the public interest, the agency may issue a 
rule without providing notice and an opportunity for public comment. We 
have determined that there is good cause for making this action final 
without prior proposal and opportunity for comment because the changes 
to the rule are minor technical corrections, noncontroversial, and do 
not substantively change the requirements of the rule. Thus, notice and 
public procedure are unnecessary. We find that this constitutes good 
cause under 5 U.S.C. 553(b)(B) (see also the final sentence of section 
307(d)(1) of the Clean Air Act, 42 U.S.C. 7607(d)(1), indicating that 
the good cause provisions of the APA continue to apply to this type of 
rulemaking under the Clean Air Act).
    Regulated Entities. The regulated categories and entities 
potentially affected by the final rule include:

------------------------------------------------------------------------
                                      NAICS      Examples of regulated
             Category                code \1\           entities
------------------------------------------------------------------------
Industry:                                      .........................
    Aluminum Foundries............     331524  Area source facilities
                                                that pour molten
                                                aluminum into molds to
                                                manufacture aluminum
                                                castings (excluding die
                                                casting).

[[Page 46494]]


    Copper Foundries..............     331525  Area source facilities
                                                that pour molten copper
                                                and copper-based alloys
                                                (e.g., brass, bronze)
                                                into molds to
                                                manufacture copper and
                                                copper-based alloy
                                                castings (excluding die
                                                casting).
    Other Nonferrous Foundries....     331528  Area source facilities
                                                that pour molten
                                                nonferrous metals
                                                (except aluminum and
                                                copper) into molds to
                                                manufacture nonferrous
                                                castings (excluding die
                                                casting). Establishments
                                                in this industry
                                                purchase nonferrous
                                                metals, such as nickel,
                                                zinc, and magnesium that
                                                are made in other
                                                establishments.
------------------------------------------------------------------------
\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 63.11544 of 
subpart ZZZZZZ (National Emission Standards for Hazardous Air 
Pollutants: Area Source Standards for Aluminum, Copper, and Other 
Nonferrous Foundries). 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).
    Electronic Access. In addition to being available in the docket, an 
electronic copy of this final action will also be available on the 
Worldwide Web (WWW) through the Technology Transfer Network (TTN). 
Following signature, a copy of this final 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.

I. Correction

    On June 25, 2009 (74 FR 30366), the EPA promulgated the national 
emission standards for hazardous air pollutants (NESHAP) for area 
source aluminum, copper, and other nonferrous foundries under section 
112(d)(5) of the Clean Air Act as subpart ZZZZZZ in 40 CFR part 63. 
Today's action makes minor corrections to clarify wording in the 
regulatory text. The corrections will become effective immediately 
(without further rulemaking action) on September 10, 2009.
    Minor corrections are being made to clarify the applicability 
requirements in Sec.  63.11544(a)(1), (2), and (3) to change the word 
``materials'' to ``material'' and to delete the words ``one or more'' 
in the phrases ``materials containing one or more aluminum foundry HAP 
as defined in Sec.  63.11556'', ``materials containing one or more 
copper foundry HAP, as defined in Sec.  63.11556'', and ``materials 
containing one or more other nonferrous foundry HAP, as defined in 
Sec.  63.11556.'' We are also adding a comma after ``aluminum foundry 
HAP'' for consistency. These minor technical changes provide 
confirmation that the applicability provisions are referring to terms 
in the definitions section of the final rule, i.e., ``material 
containing aluminum foundry HAP'', ``material containing copper foundry 
HAP'', and ``material containing other nonferrous foundry HAP.'' Each 
of these terms is defined as ``a material containing one or more 
[aluminum/copper/other nonferrous] foundry HAP. * * *'' making it 
clear, even without these technical corrections, that the applicability 
provisions were referring to the terms ``material containing aluminum 
foundry HAP'', ``material containing copper foundry HAP'', and 
``material containing other nonferrous foundry HAP.'' This clear intent 
was explained in detail in the preamble of the final rule (74 FR 30376, 
30377).

II. Statutory and Executive Order Reviews

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to EO 12866 review.
    The technical correction does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).
    Because EPA has made a ``good cause'' finding that this action is 
not subject to notice and comment requirements under the APA or any 
other statute, it is not subject to the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded 
Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this 
action does not significantly or uniquely affect small governments, as 
described in section 203 of the UMRA.
    The technical correction does not have federalism implications, as 
specified in EO 13132, Federalism (64 FR 43255, August 10, 1999). 
Today's action also does not have Tribal implications, as specified by 
EO 13175, Consultation and Coordination with Indian Tribal Governments 
(65 FR 67249, November 6, 2000).
    The technical correction is not subject to EO 13045, Protection of 
Children from Environmental Health Risks and Safety Risks (62 FR 19885, 
April 23, 1997) because it is not economically significant. The 
technical correction is not subject to EO 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 EO 12866.
    The technical correction action does not involve technical 
standards; 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.
    The technical correction 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, as addressed by EO 12898, Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations (59 FR 7629, February 16, 1994).
    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 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 rule in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the

[[Page 46495]]

Federal Register. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2). This final rule will be effective on September 10, 2009.
    The EPA's compliance with these statutes and Executive Orders for 
the underlying rule is discussed in the June 25, 2009 Federal Register 
notice containing the Area Source Aluminum, Copper, and Other 
Nonferrous Foundries final rule (74 FR 30366).

List of Subjects for 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: September 1, 2009.
Gina McCarthy,
Assistant Administrator for Air and Radiation.

0
For the reasons set out in the preamble, title 40, chapter I, part 63, 
subpart ZZZZZZ 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 ZZZZZZ--[Amended]

0
2. Section 63.11544 is amended by:
0
a. Revising paragraph (a)(1);
0
b. Revising paragraph (a)(2); and
0
c. Revising paragraph (a)(3) to read as follows:


Sec.  63.11544  Am I subject to this subpart?

    (a) * * *
    (1) Your aluminum foundry uses material containing aluminum foundry 
HAP, as defined in Sec.  63.11556, ``What definitions apply to this 
subpart?''; or
    (2) Your copper foundry uses material containing copper foundry 
HAP, as defined in Sec.  63.11556, ``What definitions apply to this 
subpart?''; or
    (3) Your other nonferrous foundry uses material containing other 
nonferrous foundry HAP, as defined in Sec.  63.11556, ``What 
definitions apply to this subpart?''.
* * * * *


Sec.  63.11553  [Amended]

0
3. Section 63.11553 is amended by redesignating the second paragraph 
(b)(4) as paragraph (b)(5).

[FR Doc. E9-21712 Filed 9-9-09; 8:45 am]

BILLING CODE 6560-50-P
