[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Proposed Rules]
[Pages 32266-32267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15571]
[[Page 32266]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5839-1]
RIN 2060-AH07
National Emission Standards for Hazardous Air Pollutants, from
Secondary Lead Smelting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments to rule.
-----------------------------------------------------------------------
SUMMARY: This action amends the national emission standards for
hazardous air pollutants (NESHAP) for new and existing secondary lead
smelters. Changes to the NESHAP are being made to address comments
received in petitions to reconsider sent to the EPA following
promulgation of the final rule. These changes affect several aspects of
the final rule including applicability of the THC limit for collocated
blast and reverberatory furnaces, minimum baghouse standard operating
procedure (SOP) requirements, and bag leak detection system
specifications and requirements. Several minor changes are also being
made to clarify the intent of the rule.
In the Final Rules Section of this Federal Register, the EPA is
also making these amendments as a direct final rule without prior
proposal because the Agency views this as a noncontroversial amendment
and anticipates no significant adverse comments. A detailed rationale
for the action is set forth in the direct final rule. If no significant
adverse comments are received by the due date (see DATES section
below), no further action will be taken with respect to this proposal,
and the direct final rule will become final on the date provided in
that action. If the EPA receives significant adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. The EPA will not institute a second comment period on this
notice. Any parties interested in commenting on this notice should do
so at this time.
DATES: Comments. Comments must be received on or before July 14, 1997,
unless a hearing is requested by June 23, 1997. If a hearing is
requested, written comments must be received by July 28, 1997.
Public Hearing. Anyone requesting a public hearing must contact the
EPA no later than June 23, 1997. If a hearing is held, it will take
place on June 30, 1997, beginning at 10:00 a.m.
ADDRESSES: Docket. Docket No. A-92-43, containing information
considered by the EPA in development of the promulgated standards, is
available for public inspection and copying between 8:00 a.m. and 5:30
p.m., Monday through Friday except for Federal holidays, at the
following address: U.S. Environmental Protection Agency, Air and
Radiation Docket and Information Center (MC-6102), 401 M Street, SW,
Washington, DC 20460; telephone (202) 260-7548. The docket is located
at the above address in Room M-1500, Waterside Mall (ground floor). A
reasonable fee may be charged for copying.
Comments. Written comments should be submitted to: Docket A-92-43,
U.S. EPA, Air & Radiation Docket & Information Center, 401 M. Street,
S.W., Room 1500, Washington, D.C. 20460.
Public Hearing. If a public hearing is held, it will be held at the
EPA's Office of Administration Auditorium, Research Triangle Park,
North Carolina. Persons interested in attending the hearing or wishing
to present oral testimony should notify Mr. Kevin Cavender, Metals
Group, Emission Standards Division (MD-13), U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone (919) 541-2364.
FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Metals Group,
Emission Standards Division (MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone (919)
541-2364.
SUPPLEMENTARY INFORMATION: If no significant, adverse comments are
received by July 14, 1997 no further activity is contemplated in
relation to this proposed rule and the direct final rule in the final
rules section of this Federal Register will automatically go into
effect on August 4, 1997. If significant adverse comments are timely
received, the direct final rule will be withdrawn and all public
comment received will be addressed in a subsequent final rule. Because
the EPA will not institute a second comment period on this proposed
rule, any parties interested in commenting should do so during this
comment period.
For further supplemental information, the detailed rationale, and
the rule provisions, see the information provided in the direct final
rule in the final rules section of this Federal Register.
Administrative Requirements
Docket
The docket is an organized and complete file of all the information
considered by the EPA in the development of this rulemaking. The docket
is a dynamic file, since material is added throughout the rulemaking
development. The docket system is intended to allow members of the
public and affected industries to readily identify and locate documents
so that they can effectively participate in the rulemaking process.
Along with the BID's and preambles to the proposed and promulgated
standards, the contents of the docket will serve as the official record
in case of judicial review (section 307(d)(7)(A) of the Act).
Executive Order 12866
The Agency must determine whether a regulatory action is
``significant'' and therefore subject to OMB review and the
requirements of the E.O. 12866 (58 FR 51735, October 4, 1993). The
Executive Order defines ``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 entitlements, 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 amendment to the final rule is not
a ``significant regulatory action'' under the terms of the Executive
Order and is therefore not subject to OMB review.
Unfunded Mandates Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act'') requires that the Agency prepare a budgetary impact
statement before promulgating a rule that includes a Federal mandate
that may result in expenditure by State, local, and tribal governments,
in aggregate, or by the private sector, of $100 million or more in any
1 year. Section 203 requires the Agency to establish a plan for
obtaining input from and informing, educating, and advising
[[Page 32267]]
any small governments that may be significantly or uniquely affected by
the rule.
Under section 205 of the Unfunded Mandates Act, the Agency must
identify and consider a reasonable number of regulatory alternatives
before promulgating a rule for which a budgetary impact statement must
be prepared. The Agency must select from those alternatives the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule, unless the Agency explains why
this alternative is not selected or the selection of this alternative
is inconsistent with law.
This amendment reduces the costs of complying with the final rule,
it will not increase expenditures by State, local, and tribal
governments or the private sector. Therefore, the Agency has not
prepared a budgetary impact statement or specifically addressed the
selection of the least costly, most cost-effective, or least burdensome
alternative. Because small governments will not be significantly or
uniquely affected by this rule, the Agency is not required to develop a
plan with regard to small governments.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C 3501 et seq., the EPA
must consider the paperwork burden imposed by any information
collection request in a proposed or final rule. This amendment to the
rule will not impose any new information collection requirements.
Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
conduct a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements 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 not-for-profit enterprises, and small governmental jurisdictions.
This proposed rule would not have a significant impact on a substantial
number of small entities because this proposed rule will not result in
increased economic impacts to small entities, and will result in
reduced impacts in all cases. Therefore, I certify that this action
will not have a significant economic impact on a substantial number of
small entities.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements, Secondary lead
smelters.
Dated: June 4, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 97-15571 Filed 6-12-97; 8:45 am]
BILLING CODE 6560-50-P
