81_FR_38235 81 FR 38122 - National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production

81 FR 38122 - National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 113 (June 13, 2016)

Page Range38122-38123
FR Document2016-13504

The Environmental Protection Agency (EPA) is proposing to amend the National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production (Secondary Aluminum NESHAP). In the ``Rules and Regulations'' section of this Federal Register, we are publishing a direct final rule, without a prior proposed rule, that amends the final rule that was published in the Federal Register on September 18, 2015, to correct inadvertent errors, to clarify rule requirements for initial performance tests and submittal of malfunction reports, to provide an additional option for new round top furnaces to account for unmeasured emissions during compliance testing and to clarify what constitutes a change in furnace operating mode. The direct final rule also updates Web site addresses for the EPA's Electronic Reporting Tool (ERT) and the Compliance and Emissions Data Reporting Interface (CEDRI). If we receive no adverse comment, we will not take further action on this proposed rule.

Federal Register, Volume 81 Issue 113 (Monday, June 13, 2016)
[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Proposed Rules]
[Pages 38122-38123]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13504]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2010-0544; FRL-9947-29-OAR]
RIN 2060-AS94


National Emission Standards for Hazardous Air Pollutants for 
Secondary Aluminum Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
amend the National Emission Standards for Hazardous Air Pollutants for 
Secondary Aluminum Production (Secondary Aluminum NESHAP). In the 
``Rules and Regulations'' section of this Federal Register, we are 
publishing a direct final rule, without a prior proposed rule, that 
amends the final rule that was published in the Federal Register on 
September 18, 2015, to correct inadvertent errors, to clarify rule 
requirements for initial performance tests and submittal of malfunction 
reports, to provide an additional option for new round top furnaces to 
account for unmeasured emissions during compliance testing and to 
clarify what constitutes a change in furnace operating mode. The direct 
final rule also updates Web site addresses for the EPA's Electronic 
Reporting Tool (ERT) and the Compliance and Emissions Data Reporting 
Interface (CEDRI). If we receive no adverse comment, we will not take 
further action on this proposed rule.

DATES: Written comments must be received by July 28, 2016.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by June 20, 2016, we will hold a public hearing on June 
28, 2016 on the EPA campus at 109 T.W. Alexander Drive, Research 
Triangle Park, North Carolina.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0544, at http://www.regulations.gov.
    Follow the online instructions for submitting comments. Once 
submitted, comments cannot be edited or removed from Regulations.gov. 
The EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute.
    Multimedia submissions (audio, video, etc.) must be accompanied by 
a written comment. The written comment is considered the official 
comment and should include discussion of all points you wish to make. 
The EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the Web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ms. Rochelle Boyd, Sector Policies and 
Programs Division (D243-02), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-1390; fax 
number: (919) 541-3207; and email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Why is the EPA publishing this proposed rule?

    The EPA is proposing to amend the Secondary Aluminum NESHAP. In 
addition, the EPA has published a direct final rule amending the 
Secondary Aluminum NESHAP in the ``Rules and Regulations'' section of 
this Federal Register because we view this as a noncontroversial action 
and anticipate no adverse comment. The direct final rule will correct 
inadvertent errors, clarify rule requirements for initial performance 
tests and submittal of malfunction reports, extend to new round top 
furnaces a compliance testing option to account for unmeasured 
emissions during compliance testing that is already available to 
uncontrolled group 1 furnaces and clarify what constitutes a change in 
furnace operating mode. The direct final rule also updates Web site 
addresses for the EPA's ERT and CEDRI. We have

[[Page 38123]]

explained our reasons for this action in the preamble to the direct 
final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment on all or a 
distinct portion of this direct final rule, we will publish a timely 
withdrawal in the Federal Register informing the public that some or 
all of the direct final rule will not take effect. We would address all 
public comments in any subsequent final rule based on the proposed 
rule.
    If we receive adverse comment on a distinct provision of the direct 
final rule, we will publish a timely withdrawal in the Federal Register 
indicating which provisions we are withdrawing. The provisions that are 
not withdrawn will become effective on the date set out in the direct 
final rule, notwithstanding adverse comment on any other provision. We 
do not intend to institute a second comment period on this action. Any 
parties interested in commenting must do so at this time.
    The regulatory text for this 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, the 
detailed rationale for this proposal, and the regulatory revisions, see 
the direct final rule published in the ``Rules and Regulations'' 
section of this Federal Register.

II. Does this action apply to me?

    Categories and entities potentially regulated by this proposed rule 
include:

------------------------------------------------------------------------
                  Category                          NAICS code \1\
------------------------------------------------------------------------
Primary Aluminum Production Facilities......  331312
Secondary Aluminum Production Facilities....  331314
Aluminum Sheet, Plate, and Foil               331315
 Manufacturing Facilities.
Aluminum Extruded Product Manufacturing       331316
 Facilities.
Other Aluminum Rolling and Drawing            331319
 Facilities.
Aluminum Die Casting Facilities.............  331521
Aluminum Foundry Facilities.................  331524
------------------------------------------------------------------------
\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 
proposed rule. To determine whether your facility is affected, you 
should examine the applicability criteria in 40 CFR 63.1500. If you 
have any questions regarding the applicability of any aspect of this 
action to a particular entity, consult either the air permitting 
authority for the entity or your EPA regional representative as listed 
in 40 CFR 63.13.

III. Statutory and Executive Orders

    For a complete discussion of the rationale, regulatory text, and 
all of the administrative requirements applicable to this action, see 
the direct final rule in the ``Rules and Regulations'' section of this 
Federal Register.

    Dated: May 27, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-13504 Filed 6-10-16; 8:45 am]
BILLING CODE 6560-50-P



                                                    38122                    Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Proposed Rules

                                                    officers designated by or assisting the                   (c) Notification. The Coast Guard                    Drive, Research Triangle Park, North
                                                    Captain of the Port (COTP) Jacksonville,                escort will attempt, when necessary and                Carolina.
                                                    Florida in the enforcement of the                       practicable, to notify any persons or                  ADDRESSES: Submit your comments,
                                                    regulated areas.                                        vessels inside or approaching the                      identified by Docket ID No. EPA–HQ–
                                                      (b) Location. A permanent security                    vicinity of a RNA created in paragraph                 OAR–2010–0544, at http://
                                                    zone is established within the following                (a) of this section of its existence via               www.regulations.gov.
                                                    coordinates, the area enclosed by a line                VHF Channel 16 and/or any other                           Follow the online instructions for
                                                    starting at 30°44′55″ N., 081°29′39″ W.;                means reasonably available.                            submitting comments. Once submitted,
                                                    thence to 30°44′55″ N., 081°29′18″ W.;                    Dated: June 2, 2016.                                 comments cannot be edited or removed
                                                    thence to 30°46′35″ N., 081°29′18″ W.;                  S.A. Buschman,                                         from Regulations.gov. The EPA may
                                                    thence to 30°47′02″ N., 081°29′34″ W.;                  Rear Admiral, U.S. Coast Guard, Commander,             publish any comment received to its
                                                    thence to 30°47′21″ N., 081°29′39″ W.;                  Seventh Coast Guard District.                          public docket. Do not submit
                                                    thence to 30°48′00″ N., 081°29′42″ W.;                  [FR Doc. 2016–13861 Filed 6–10–16; 8:45 am]            electronically any information you
                                                    thence to 30°49′07″ N., 081°29′56″ W.;                                                                         consider to be Confidential Business
                                                                                                            BILLING CODE 9110–04–P
                                                    thence to 30°49′55″ N., 081°30′35″ W.;                                                                         Information (CBI) or other information
                                                    thence to 30°50′15″ N., 081°31′08″ W.;                                                                         whose disclosure is restricted by statute.
                                                    thence to 30°50′14″ N., 081°31′30″ W.;                                                                            Multimedia submissions (audio,
                                                    thence to 30°49′58″ N., 081°31′45″ W.;                  ENVIRONMENTAL PROTECTION                               video, etc.) must be accompanied by a
                                                    thence to 30°49′58″ N., 081°32′03″ W.;                  AGENCY                                                 written comment. The written comment
                                                    thence to 30°50′12″ N., 081°32′17″ W.;                                                                         is considered the official comment and
                                                    thence following the land based                         40 CFR Part 63
                                                                                                                                                                   should include discussion of all points
                                                    perimeter boundary to the point of                      [EPA–HQ–OAR–2010–0544; FRL–9947–29–                    you wish to make. The EPA will
                                                    origin.                                                 OAR]                                                   generally not consider comments or
                                                      (c) Regulations. (1) No person or                                                                            comment contents located outside of the
                                                                                                            RIN 2060–AS94
                                                    vessel may enter or remain within the                                                                          primary submission (i.e., on the Web,
                                                    security zone without the permission of                 National Emission Standards for                        cloud, or other file sharing system). For
                                                    the COTP Jacksonville or designated                     Hazardous Air Pollutants for                           additional submission methods, the full
                                                    representative.                                         Secondary Aluminum Production                          EPA public comment policy,
                                                      (2) All persons and vessels in                                                                               information about CBI or multimedia
                                                    authorized permission to enter the                      AGENCY:  Environmental Protection                      submissions, and general guidance on
                                                    security zone shall immediately obey                    Agency (EPA).                                          making effective comments, please visit
                                                    any direction or order of the COTP                      ACTION: Proposed rule.                                 http://www2.epa.gov/dockets/
                                                    Jacksonville or designated                                                                                     commenting-epa-dockets.
                                                    representative.                                         SUMMARY:   The Environmental Protection                FOR FURTHER INFORMATION CONTACT: Ms.
                                                      (3) This regulation does not apply to                 Agency (EPA) is proposing to amend the                 Rochelle Boyd, Sector Policies and
                                                    persons or vessels operating under the                  National Emission Standards for                        Programs Division (D243–02), Office of
                                                    authority of the United States Navy or                  Hazardous Air Pollutants for Secondary                 Air Quality Planning and Standards,
                                                    to authorized law enforcement agencies.                 Aluminum Production (Secondary                         U.S. Environmental Protection Agency,
                                                    ■ 3. Add § 165.732 to read as follows:                  Aluminum NESHAP). In the ‘‘Rules and                   Research Triangle Park, North Carolina
                                                                                                            Regulations’’ section of this Federal                  27711; telephone number: (919) 541–
                                                    § 165.732 Escorted Submarines Sector                    Register, we are publishing a direct final             1390; fax number: (919) 541–3207; and
                                                    Jacksonville Captain of the Port Zone.                  rule, without a prior proposed rule, that              email address: boyd.rochelle@epa.gov.
                                                      (a) Location. The following areas are                 amends the final rule that was                         SUPPLEMENTARY INFORMATION:
                                                    regulated navigation areas (RNA)                        published in the Federal Register on
                                                    whenever any Navy submarine (foreign                    September 18, 2015, to correct                         I. Why is the EPA publishing this
                                                    or domestic) is being escorted by the                   inadvertent errors, to clarify rule                    proposed rule?
                                                    Coast Guard within the Sector                           requirements for initial performance                      The EPA is proposing to amend the
                                                    Jacksonville Captain of the Port Zone                   tests and submittal of malfunction                     Secondary Aluminum NESHAP. In
                                                    territorial seas:                                       reports, to provide an additional option               addition, the EPA has published a direct
                                                      (1) All waters within 1 nautical mile                 for new round top furnaces to account                  final rule amending the Secondary
                                                    of any Navy submarine operating within                  for unmeasured emissions during                        Aluminum NESHAP in the ‘‘Rules and
                                                    the Sector Jacksonville Captain of the                  compliance testing and to clarify what                 Regulations’’ section of this Federal
                                                    Port Zone territorial seas; and                         constitutes a change in furnace                        Register because we view this as a
                                                      (2) All waters within 1 nautical mile                 operating mode. The direct final rule                  noncontroversial action and anticipate
                                                    of the charted center of the navigation                 also updates Web site addresses for the                no adverse comment. The direct final
                                                    channel from Crab Island in the                         EPA’s Electronic Reporting Tool (ERT)                  rule will correct inadvertent errors,
                                                    Cumberland Sound, Georgia to the St.                    and the Compliance and Emissions Data                  clarify rule requirements for initial
                                                    Marys Entrance Channel and its                          Reporting Interface (CEDRI). If we                     performance tests and submittal of
                                                    approach extending eastward to lighted                  receive no adverse comment, we will                    malfunction reports, extend to new
                                                    buoy ‘‘STM’’.                                           not take further action on this proposed               round top furnaces a compliance testing
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                      (b) Regulations. All persons and                      rule.                                                  option to account for unmeasured
                                                    vessels located within a RNA created by                 DATES: Written comments must be                        emissions during compliance testing
                                                    paragraph (a) shall follow all orders                   received by July 28, 2016.                             that is already available to uncontrolled
                                                    and/or directions given to them by Coast                  Public Hearing. If anyone contacts the               group 1 furnaces and clarify what
                                                    Guard escort personnel. 33 CFR 165,                     EPA requesting to speak at a public                    constitutes a change in furnace
                                                    Subpart B, contains additional                          hearing by June 20, 2016, we will hold                 operating mode. The direct final rule
                                                    provisions applicable to the RNA                        a public hearing on June 28, 2016 on the               also updates Web site addresses for the
                                                    created in paragraph (a).                               EPA campus at 109 T.W. Alexander                       EPA’s ERT and CEDRI. We have


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                                                                             Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Proposed Rules                                            38123

                                                    explained our reasons for this action in                your EPA regional representative as                    Federal e-Rulemaking Portal. Go to
                                                    the preamble to the direct final rule.                  listed in 40 CFR 63.13.                                www.regulations.gov/
                                                      If we receive no adverse comment, we                                                                         #!docketDetail;D=NOAA-NMFS-2015-
                                                                                                            III. Statutory and Executive Orders
                                                    will not take further action on this                                                                           0115, click the ‘‘Comment Now!’’ icon,
                                                    proposed rule. If we receive adverse                       For a complete discussion of the                    complete the required fields, and enter
                                                    comment on all or a distinct portion of                 rationale, regulatory text, and all of the             or attach your comments.
                                                    this direct final rule, we will publish a               administrative requirements applicable                    • Mail: Send written comments to
                                                    timely withdrawal in the Federal                        to this action, see the direct final rule in           Michael D. Tosatto, Regional
                                                    Register informing the public that some                 the ‘‘Rules and Regulations’’ section of               Administrator, NMFS Pacific Islands
                                                    or all of the direct final rule will not                this Federal Register.                                 Region (PIR), 1845 Wasp Blvd., Bldg.
                                                    take effect. We would address all public                  Dated: May 27, 2016.                                 176, Honolulu, HI 96818.
                                                    comments in any subsequent final rule                   Gina McCarthy,                                            Instructions: NMFS may not consider
                                                    based on the proposed rule.                             Administrator.                                         comments sent by any other method, to
                                                      If we receive adverse comment on a                    [FR Doc. 2016–13504 Filed 6–10–16; 8:45 am]            any other address or individual, or
                                                    distinct provision of the direct final                  BILLING CODE 6560–50–P                                 received after the end of the comment
                                                    rule, we will publish a timely                                                                                 period. All comments received are a
                                                    withdrawal in the Federal Register                                                                             part of the public record and will
                                                    indicating which provisions we are                      DEPARTMENT OF COMMERCE                                 generally be posted for public viewing
                                                    withdrawing. The provisions that are                                                                           on www.regulations.gov without change.
                                                    not withdrawn will become effective on                  National Oceanic and Atmospheric                       All personal identifying information
                                                    the date set out in the direct final rule,              Administration                                         (e.g., name, address, etc.), confidential
                                                    notwithstanding adverse comment on                                                                             business information, or otherwise
                                                    any other provision. We do not intend                   50 CFR Part 665                                        sensitive information submitted
                                                    to institute a second comment period on                 [Docket No. 150908833–6479–01]                         voluntarily by the sender will be
                                                    this action. Any parties interested in                                                                         publicly accessible. NMFS will accept
                                                    commenting must do so at this time.                     RIN 0648–BF37                                          anonymous comments (enter ‘‘N/A’’ in
                                                      The regulatory text for this proposal is                                                                     the required fields if you wish to remain
                                                    identical to that for the direct final rule             Mariana Archipelago Fisheries;                         anonymous).
                                                    published in the ‘‘Rules and                            Remove the CNMI Medium and Large
                                                                                                                                                                      The Western Pacific Fishery
                                                                                                            Vessel Bottomfish Prohibited Areas
                                                    Regulations’’ section of this Federal                                                                          Management Council (Council) and
                                                    Register. For further supplementary                     AGENCY:  National Marine Fisheries                     NMFS prepared an environmental
                                                    information, the detailed rationale for                 Service (NMFS), National Oceanic and                   analysis that describes the potential
                                                    this proposal, and the regulatory                       Atmospheric Administration (NOAA),                     impacts on the human environment that
                                                    revisions, see the direct final rule                    Commerce.                                              could result from the proposed rule. The
                                                    published in the ‘‘Rules and                            ACTION: Proposed rule; request for                     environmental analysis and other
                                                    Regulations’’ section of this Federal                   comments.                                              supporting documents are available at
                                                    Register.                                                                                                      www.regulations.gov.
                                                                                                            SUMMARY:   This proposed rule would
                                                    II. Does this action apply to me?                       remove the medium and large vessel                     FOR FURTHER INFORMATION CONTACT:
                                                      Categories and entities potentially                   bottomfish prohibited fishing areas in                 Sarah Ellgen, NMFS PIRO Sustainable
                                                    regulated by this proposed rule include:                the Commonwealth of the Northern                       Fisheries, 808–725–5173.
                                                                                                            Mariana Islands (CNMI). Conditions in                  SUPPLEMENTARY INFORMATION: In 2008,
                                                                                                NAICS       the fishery that led to establishing the               the Council recommended establishing,
                                                                 Category                       code 1      prohibited areas are no longer present,                and NMFS implemented, prohibited
                                                                                                            and the restriction is no longer                       areas for commercial fishing for Mariana
                                                    Primary Aluminum Production Fa-           331312
                                                      cilities.                                             necessary. The Western Pacific Fishery                 bottomfish management unit species
                                                    Secondary Aluminum Production             331314        Management Council recommended                         (BMUS) in the CNMI. Federal
                                                      Facilities.                                           Amendment 4 to the Fishery Ecosystem                   regulations currently prohibit medium
                                                    Aluminum Sheet, Plate, and Foil           331315        Plan for the Mariana Archipelago (FEP)
                                                      Manufacturing Facilities.                                                                                    and large vessels (40 ft and greater) from
                                                    Aluminum Extruded Product Man-            331316        to remove these prohibited areas, and                  commercial fishing for BMUS in certain
                                                      ufacturing Facilities.                                this proposed rule would implement the                 Federal waters around the CNMI. The
                                                    Other Aluminum Rolling and                331319        recommended change. The intent of the                  prohibited areas include waters within
                                                      Drawing Facilities.                                   proposed rule is to improve the viability
                                                    Aluminum Die Casting Facilities ...       331521                                                               approximately 50 nm of the Southern
                                                    Aluminum Foundry Facilities .........     331524        of the CNMI bottomfish fishery and                     Islands (i.e., Rota, Aguigan (alt.
                                                                                                            promote optimum yield while                            Aguijan), Tinian, Saipan, and Farallon
                                                      1 North   American      Industry    Classification    preventing overfishing. This proposed                  de Medinilla) and within 10 nm of
                                                    System.                                                 rule would also make an administrative                 Alamagan Island. The Council
                                                       This table is not intended to be                     housekeeping change to the regulations                 established the prohibited areas to
                                                    exhaustive, but rather provides a guide                 for the CNMI management subarea                        prevent large bottomfish vessels based
                                                    for readers regarding entities likely to be             crustacean fishing.                                    in Guam from traveling to CNMI fishing
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    regulated by this proposed rule. To                     DATES: NMFS must receive comments                      grounds. At the time, the Council was
                                                    determine whether your facility is                      by July 28, 2016.                                      concerned that the Guam vessels could
                                                    affected, you should examine the                        ADDRESSES: You may submit comments                     negatively affect fish stocks and local
                                                    applicability criteria in 40 CFR 63.1500.               on this document, identified by NOAA–                  fisheries through stock depletion, catch
                                                    If you have any questions regarding the                 NMFS–2015–0115, by either of the                       competition, and gear conflicts. You
                                                    applicability of any aspect of this action              following methods:                                     may read more about the establishment
                                                    to a particular entity, consult either the                • Electronic Submission: Submit all                  of the prohibited areas in the 2008
                                                    air permitting authority for the entity or              electronic public comments via the                     proposed rule (73 FR 51992, September


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Document Created: 2018-02-08 07:39:42
Document Modified: 2018-02-08 07:39:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received by July 28, 2016.
ContactMs. Rochelle Boyd, Sector Policies and Programs Division (D243-02), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-1390; fax
FR Citation81 FR 38122 
RIN Number2060-AS94

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