The direct final amendments correct a typographical error in table 3 to subpart RRR, revise the table of contents to correct typographical and printing errors, and also revise appendix A to subpart RRR (General Provisions Applicability to Subpart RRR) to add a note in the comment column.
III. 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 the direct final amendments are not a ``significant regulatory action'' under the terms of Executive Order 12866 and are therefore not subject to OMB review.

B. Paperwork Reduction Act

The OMB has previously approved the information collection requirements in the existing rule (subpart RRR) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and assigned OMB control number 20600433. The direct final amendments have no impact on the existing information collection burden estimates. Consequently, the ICR has not been revised.

C. Regulatory Flexibility Act

The EPA has determined that it is not necessary to prepare a regulatory flexibility analysis in conjunction with the direct final amendments. The EPA has also determined that the amendments will not have a significant economic impact on a substantial number of small entities and do not pose any requirements or costs on any firm, large or small. Small entities include small businesses, small notforprofit enterprises, and small governmental jurisdictions.

For purposes of assessing the impacts of today's direct final amendments on small entities, a small entity is defined as: (1) A small business whose parent company has fewer than 500 employees; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; or (3) a small organization that is any notforprofit enterprise which is independently owned and operated and is not dominant in its field.

After considering the economic impacts of today's direct final 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.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 1044, 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 leastburdensome 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 leastcostly, most cost effective, or leastburdensome 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. [[Page 53983]]

This action contains no Federal mandates (under the regulatory provisions of title II of the UMRA) for State, local, or tribal governments. The EPA has determined that the direct final amendments do not contain a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or tribal governments, in the aggregate, or to the private sector in any 1 year. No costs are attributable to the amendments. In addition, the amendments do not significantly or uniquely affect small governments because they contain no requirements that apply to such governments or impose obligations upon them. Therefore, the requirements of the UMRA do not apply to the direct final amendments.

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.''

Under section 6 of Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the proposed regulation. The EPA also may not issue a regulation that has federalism implications and that preempts State law unless the EPA consults with State and local officials early in the process of developing the proposed regulation.

The direct final amendments do not have federalism implications. They do 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, the requirements of section 6 of the Executive Order do not apply to the direct final 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.'' ``Policies that have tribal implications'' is defined in the Executive Order to include regulations that have ``substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and Indian tribes.''

The direct final amendments do not have tribal implications. They do not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. No tribal governments own plants subject to the existing rule or to the direct final amendments. Thus, Executive Order 13175 does not apply to the direct final amendments.
G. Executive Order 13045: Protection of Children from Environmental Health & 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, we 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.

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 5501 of the Executive Order has the potential to influence the regulation. The direct final amendments are not subject to Executive Order 13045 because the existing rule is based on technology performance and not on health or safety risks. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

The direct final amendments are not subject to Executive Order 13211 (66 FR 28355, May 22, 2001) because they are not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) of 1995 (Pub. L. 104113; 15 U.S.C 272 note), directs 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 (such as material specifications, test methods, sampling procedures, business practices) developed or adopted by one or more voluntary consensus bodies. The NTTAA requires Federal agencies to provide Congress, through annual reports to OMB, with explanations when an agency does not use available and applicable voluntary consensus standards.

The EPA's response to the NTTAA requirements are discussed in the preamble to the final rule (65 FR 15690, March 23, 2000). The direct final amendments do not change the required methods or procedures. 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 action 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 correcting amendments in the Federal Register. The direct final amendments are not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

Environmental protection, Administrative practice and procedure, Air pollution control, Reporting and recordkeeping requirements.

Dated: August 25, 2004.
Michael O. Leavitt,
Administrator.
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]
1. The authority citation for part 63 continues to read as follows: [[Page 53984]]

Authority: 42 U.S.C. 7401 et seq.
Subpart RRR[Amended]
Sec. 63.1503 [Amended]
2. Section 63.1503 is amended by removing the definition for the term, ``Internal runaround.''
3. Section 63.1506 is amended by revising paragraphs (d) and (i)(3) to read as follows:
Sec. 63.1506 Operating requirements.
* * * * *
(d) Feed/charge weight. The owner or operator of each affected source or emission unit subject to an emission limit in kg/Mg (lb/ton) or [mu]g/Mg (gr/ton) of feed/charge must:
* * * * *
(i) * * *
(3) Operate each furnace using dross and salt flux as the sole feedstock.
* * * * *
4. Section 63.1510 is amended by revising the definition of ``Ti'' for Equation 4 in paragraph (t)(4) to read as follows:
Sec. 63.1510 Monitoring requirements.
* * * * *
(t) * * *
(4) * * *
Where:
* * * * *
Ti = The total amount of feed, or aluminum produced, for emission unit i for the 24hour period (tons or Mg);
* * * * *
5. Section 63.1512 is amended by revising paragraph (g) to read as follows:
Sec. 63.1512 Performance test/compliance demonstration requirements and procedures.
* * * * *
(g) Drossonly furnace. The owner or operator must conduct a performance test to measure emissions of PM from each drossonly furnace at the outlet of each control device while the unit processes only dross and salt flux as the sole feedstock.
* * * * *
6. Section 63.1513 is amended by revising paragraph (b) to read as follows:
Sec. 63.1513 Equations for determining compliance.
* * * * *
(b) PM, HCl and D/F emission limits. (1) Use Equation 7 of this section to determine compliance with an emission limit for PM or HCl: [GRAPHIC] [TIFF OMITTED] TR03SE04.018
Where:
E = Emission rate of PM or HCl, kg/Mg (lb/ton) of feed;
C = Concentration of PM or HCl, g/dscm (gr/dscf);
Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr); K1 = Conversion factor, 1 kg/1,000 g (1 lb/7,000 gr); and P = Production rate, Mg/hr (ton/hr).
(2) Use Equation 7A of this section to determine compliance with an emission limit for D/F:
[GRAPHIC] [TIFF OMITTED] TR03SE04.019
Where:
E = Emission rate of D/F, [mu]g/Mg (gr/ton) of feed;
C = Concentration of D/F, [mu]g/dscm (gr/dscf);
Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr); and P = Production rate, Mg/hr (ton/hr).
* * * * *
7. Section 63.1516 is amended by revising the introductory text of paragraph (b) and paragraph (b)(2)(ii) to read as follows:
Sec. 63.1516 Reports.
* * * * *
(b) Excess emissions/summary report. The owner or operator must submit semiannual reports according to the requirements in Sec. 63.10(e)(3). Except, the owner or operator must submit the semiannual reports within 60 days after the end of each 6month period instead of within 30 days after the calendar half as specified in Sec. 63.10(e)(3)(v). When no deviations of parameters have occurred, the owner or operator must submit a report stating that no excess emissions occurred during the reporting period.
* * * * *
(2) * * *
(ii) For each drossonly furnace: ``Only dross and salt flux were used as the charge materials in any drossonly furnace during this reporting period.''
* * * * *
8. Table 2 to Subpart RRR of Part 63 is amended by revising the following ``Group 1 furnace'' entries to read as follows:
Table 2 to Subpart RRR of Part 63.Summary of Operating Requirements for New and Existing Affected Sources and Emission Units Affected source/emission Monitor type/ Operating unit operation/process requirements * * * * * * *
Group 1 furnace with lime Bag leak detector or Initiate corrective injected fabric filter action within 1hr (including those that are of alarm; operate part of a secondary of such that alarm aluminum processing unit).. does not sound more than 5% of operating time in 6 month period; complete corrective action in accordance with the OM&M plan.b COM................. Initiate corrective action within 1hr of a 6minute average opacity reading of 5% or more; complete corrective action in accordance with the OM&M plan.b Fabric filter inlet Maintain average temperature. fabric filter inlet temperature for each 3hour period at or below average temperature during the performance test +14[deg]C (+25[deg] F). Reactive flux Maintain reactive injection rate. flux injection rate (kg/Mg) (lb/ton) at or below rate used during the performance test for each furnace cycle. [[Page 53985]]
Lime injection rate. Maintain free flowing lime in the feed hopper or silo at all times for continuous injection systems; maintain feeder setting at level established at performance test for continuous injection systems. Maintain molten Operate sidewell aluminum level. furnaces such that the level of molten metal is above the top of the passage between sidewell and hearth during reactive flux injection, unless the hearth is also controlled. Fluxing in sidewell Add reactive flux furnace hearth. only to the sidewell of the furnace unless the hearth is also controlled. Group 1 furnace without add Reactive flux Maintain reactive on controls (including injection rate. flux injection rate those that are part of a (kg/Mg) (lb/ton) at secondary aluminum or below rate used processing unit). during the performance test for each operating cycle or time period used in the performance test. Sitespecific Operate furnace monitoring planc. within the range of charge materials, contaminant levels, and parameter values established in the site specific monitoring plan.
Feed material Use only clean (melting/holding charge. furnace).
* * * * * * *
a * * *
b OM&M planOperation, maintenance, and monitoring plan.
c Sitespecific monitoring plan. Owner/operators of group 1 furnaces without control devices must include a section in their OM&M plan that documents work practice and pollution prevention measures, including procedures for scrap inspection, by which compliance is achieved with emission limits and process or feed parameterbased operating requirements. This plan and the testing to demonstrate adequacy of the monitoring plan must be developed in coordination with and approved by the permitting authority.
9. Table 3 to Subpart RRR of Part 63 is amended by revising the ``Scrap dryer'' entry to read as follows:
Table 3.to Subpart RRR of Part 63.Summary of Monitoring Requirements for New and Existing Affected Sources and Emission Units Monitor type/ Monitoring Affected source/emission unit operation/process requirements. * * * * * * *
Scrap dryer/delacquering kiln/ Afterburner Continuous decoating kiln with afterburner operating measurement and limeinjected fabric filter. temperature.. device to meet specifications in Sec. 63.1510(g)(1); record temperature for each 15minute block; determine and record 3hr block averages. Afterburner Annual inspection operation. of afterburner internal parts; complete repairs in accordance with the OM&M plan. Bag leak detector Install and or. operate in accordance with ``Fabric Filter Bag Leak Detection Guidance c; record voltage output from bag leak detector. COM............... Design and Install in accordance with PS1; collect data in accordance with subpart A of 40 CFR part 63; determine and record 6minute block averages. Lime injection For continuous rate. injection systems, inspect each feed hooper or silo every 8 hours to verify that lime is free flowing; record results of each inspection. If blockage occurs, inspect every 4 hours for 3 days; return to 8hour inspections if corrective action results in no further blockage during 3day period, record feeder setting daily. Fabric filter Continous inlet measurement temperature.. device to meet specifications in Sec. 63.1510(h)(2); record temperatures in 15minute block averages; determine and record 3hr block averages. * * * * * * *
a * * *
b OM&M planOperation, maintenance, and monitoring plan.
[[Page 53986]]
c Sitespecific monitoring plan. Owner/operators of group 1 furnaces without control devices must include a section in their OM&M plan that documents work practice and pollution prevention measures, including procedures for scrap inspection, by which compliance is achieved with emission limits and process or feed parameterbased operating requirements. This plan and the testing to demonstrate adequacy of the monitoring plan must be developed in coordination with and approved by the permitting authority.
10. Appendix A to Subpart RRR of Part 63 is amended by revising the entry for Sec. 63.10(e)(3) to read as follows:
Appendix A to Subpart RRRGeneral Provisions Applicability to Subpart RRR
Applies to Citation Requirement RRR Comment * * * * * * * Sec. 63.10(e)(3)............ Excess Emissions/CMS Performance Reports....... Yes.......... Reporting deadline given in Sec. 63.1516. * * * * * * * [FR Doc. 0420128 Filed 9204; 8:45 am]
BILLING CODE 656050P

FOR FURTHER INFORMATION CONTACT Mr. Joseph Wood, P.E., U.S. EPA, Minerals and Inorganic Chemicals Group (C50405), Emission Standards Division, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina 27711, telephone number (919) 5415446, facsimile number (919) 5415600, electronic mail address:
wood.joe@epa.gov.