[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Rules and Regulations]
[Pages 29400-29405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9591]
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Part IV
Environmental Protection Agency
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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]]
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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.
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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which amendments are being withdrawn due to adverse comment.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: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://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: [email protected].
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 http://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: [email protected].
SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities
potentially regulated by this action include:
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NAICS code
Category \1\ Examples of regulated entities
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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.
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\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 http://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