[Federal Register Volume 79, Number 2 (Friday, January 3, 2014)]
[Rules and Regulations]
[Pages 367-372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31267]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2011-0344; FRL-9904-38-OAR]
RIN 2060-AR66
National Emissions Standards for Hazardous Air Pollutants from
Secondary Lead Smelting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to promulgate amendments to a final rule that revised
national emission standards for hazardous air pollutants for existing
and new secondary lead smelters. The final rule was published on
January 5, 2012. This direct final action amends certain regulatory
text to clarify compliance dates. Additionally, we are making
amendments to clarify certain provisions in the 2012 final rule related
to monitoring of negative pressure in total enclosures. This action
also corrects typographical errors in a table listing congeners of
dioxins and furans and the testing requirements for total hydrocarbons.
DATES: This rule is effective on March 4, 2014 without further notice,
unless the EPA receives adverse comment by February 3, 2014. If we
receive adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that this rule, or relevant
provisions of this rule, will not take effect.
ADDRESSES: You may submit comments, identified by Docket ID Number EPA-
HQ-OAR-2011-0344, by one of the following methods:
http://www.regulations.gov: Follow the online instructions
for submitting comments.
Email: [email protected], Attention Docket ID Number
EPA-HQ-OAR-2011-0344.
Fax: (202) 566-9744, Attention Docket ID Number EPA-HQ-
OAR-2011-0344.
Mail: U.S. Postal Service, send comments to: EPA Docket
Center, EPA West (Air Docket), Attention Docket ID Number EPA-HQ-OAR-
2011-0344, U.S. Environmental Protection Agency, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of
two copies.
Hand Delivery: U.S. Environmental Protection Agency, EPA
West (Air Docket), Room 3334, 1301 Constitution Ave., NW., Washington,
DC 20004, Attention Docket ID Number EPA-HQ-OAR-2011-0344. 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 Number EPA-HQ-OAR-
2011-0344. 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.regulations.gov, 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 http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means the EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an email comment directly to the EPA
without going through http://www.regulations.gov, your email 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, the 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 the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters, any form of encryption, and be
free of any defects or viruses. For additional information about the
EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/dockets.
Docket. The EPA has established a docket for this rulemaking under
Docket ID Number EPA-HQ-OAR-2011-0344. All documents in the docket are
listed in the http://www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet,
and will be publicly available only in hard copy. Publicly available
docket materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the EPA
Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: For questions about this action,
contact Mr. Nathan Topham, Metals and Inorganic Chemicals Group, Sector
Policies and Programs Division (D243-02), U.S. Environmental Protection
Agency, Research Triangle Park, NC 27711; telephone number: (919) 541-
0483; fax number: (919) 541-3207; and email address:
[email protected].
SUPPLEMENTARY INFORMATION: Organization of this Document. The following
outline is provided to aid in locating information in the preamble.
I. What is the background for the amendments?
II. What are the changes to the final rule?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review, and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
[[Page 368]]
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. What is the background for the amendments?
On January 5, 2012 (77 FR 556), EPA published final amendments to
the National Emissions Standards for Hazardous Air Pollutants (NESHAP)
From Secondary Lead Smelting. The EPA has subsequently determined,
following discussions with affected parties, that the final rule
warrants clarification in four areas.
The EPA inadvertently removed from 40 CFR part 63, subpart X the
requirement for facilities constructed or reconstructed on or before
May 19, 2011, to comply with the previous version of the NESHAP between
promulgation of the January 5, 2012, amendments and the subsequent
compliance date for existing sources, which is January 6, 2014. Since
existing sources remain subject to the pre-existing standards until the
compliance date for the January 2012 standards, the EPA is amending the
rule to restore the deleted language.
The EPA received petitions for reconsideration of the final rule
from the secondary lead smelting industry. One issue raised in the
petitions relates to the table of dioxin and furan congeners contained
in the regulatory text (Table 3 to Subpart X of Part 63--Toxic
Equivalency Factors). This table included incorrect values for some
dioxin toxic equivalency factors (TEF) and omitted some congeners. The
EPA intended to use the 2005 World Health Organization (WHO) TEF in
Table 3 to subpart X of part 63. See 76 FR 29051, ``The TEQ emissions
will be calculated using the toxic equivalency factors (TEF) outlined
by the World Health Organization (WHO) in 2005 (available at Web site:
http://www.epa.gov/raf/hhtefguidance/).''
Industry petitioners expressed concern that the agency changed one
aspect of the emission standard for total hydrocarbons (THC) between
proposing and finalizing the risk and technology review amendments for
secondary lead smelters. In the 2011 proposed rule, the total
hydrocarbon standard for furnace charging process fugitive emissions
that are not combined with furnace process emissions did not require
correction to 4-percent carbon dioxide (CO2). See the
Federal Register at 76 FR 29072, May 19, 2011. In the 2012 final rule,
this standard inadvertently included correction to 4-percent
CO2. See the Federal Register at 77 FR 582, January 5, 2012.
Finally, petitioners asked the EPA to clarify several monitoring
provisions for total enclosures. Industry requested flexibility in
defining the term ``windward wall'' when a total enclosure is not
impacted by ambient wind. The regulatory text was unclear where to
place monitors when ambient wind does not affect the total enclosure.
Petitioners requested clarification in how to monitor enclosures that
are divided into multiple areas all under negative pressure.
Petitioners also asked the EPA to clarify that data from differential
pressure monitors should be used to calculate 15-minute averages.
Petitioners also stated that the EPA should clarify the meaning of
``accuracy'' in 40 CFR 63.548(k)(3).
The EPA is issuing the amendments as a direct final rule, without a
prior proposal, because we view the revisions as noncontroversial and
anticipate no adverse comment. The EPA never intended to remove the
pre-January 2012 NESHAP from the Code of Federal Regulations (CFR), and
no commenters suggested such an action. Additionally, the errors in
Table 3 to subpart X of part 63 and the THC correction for furnace
charging process fugitive emissions are simply typographical errors.
The differential pressure monitoring clarifications do not alter the
impacts of the 2012 final rule and simply clarify requirements from
that rulemaking. The monitoring clarifications include the following:
Clarifying the definition of windward wall; clarifying how to monitor
pressure in situations where smaller enclosures are located within
larger full enclosures; clarifying the averaging time for the
monitoring; and clarifying the calibration requirements for the
monitoring equipment. However, in the Proposed Rules section of this
Federal Register issue, the EPA is also publishing a separate document
that will serve as the proposal to amend the Secondary Lead Smelting
NESHAP with the same amendments contained in this direct final action
if significant adverse comments are submitted. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. The EPA will address
all public comments in any subsequent final rule based on the proposed
rule. We will address other issues for which we have received requests
for reconsideration in a separate proposal that will be published at a
later date.
II. What are the changes to the final rule?
We are clarifying compliance requirements for existing sources for
the period beginning January 5, 2012, and ending on the compliance date
for existing sources established in the final rule published in the
Federal Register at 77 FR 584, January 5, 2012. See 40 CFR 63.546(a).
When the final rule was published in the Federal Register, the subpart
was reprinted in its entirety to aid the public in locating and
understanding the requirements for secondary lead smelters. This
inadvertently removed the earlier version of 40 CFR part 63, subpart X
from the CFR. This direct final rule clarifies that secondary lead
smelters that commenced construction or reconstruction before May 19,
2011 (i.e., all sources existing as of that time, which includes
sources classified as both existing and new under the previous rule),
are still subject to the requirements of subpart X for new and existing
sources that were effective prior to the January 5, 2012, amendments,
and remain subject to those provisions until the compliance date for
the January 5, 2012, amendments. Specifically, sources that were
classified as new under the previous rule, (i.e., those which commenced
construction after June 9, 1994) are subject to the previous rule's new
source standards (codified at former 40 CFR 63.543 through 63.545).
Existing sources under the previous rule are subject to the previous
rule's existing source standards (codified at former 40 CFR 63.543
through 63.545). We have added paragraph (c) to 40 CFR 63.546 to
correct this inadvertent error.
The EPA is also correcting typographical errors in Table 3 to
subpart X of part 63. The table did not include all of the 2005 WHO TEF
and had incorrect TEF values for some of the congeners included in the
table. The EPA is not changing the emission standards for dioxins and
furans from the 2012 final rule or using different congeners than we
intended to include in the 2011 proposed rule or 2012 final rule. See
76 FR 29051, ``The TEQ emissions will be calculated using the toxic
equivalency factors (TEF) outlined by the World Health Organization
(WHO) in 2005 (available at Web site: http://www.epa.gov/raf/hhtefguidance/ hhtefguidance/)''.
[[Page 369]]
We are removing the CO2 correction requirement that we
inadvertently added to 40 CFR 63.543(f) in the final rule. We did not
intend to make this change between the proposed and final rules, did
not receive comments on this issue, and did not discuss it in the
preamble to the final rule or supporting documents. The hoods that
capture furnace charging process fugitive emissions draw a large amount
of excess ambient air with very low concentrations of CO2.
Measured concentrations of THC would be inappropriately multiplied by
10 if CO2 corrections were required for these sources. This
amendment will not change the impacts of the 2012 final rule since we
did not intend to make this change between the proposed and final
rules.
We are also clarifying five parts of the rule establishing
differential pressure monitoring requirements for negative pressure
enclosures. These corrections are intended to clarify existing
requirements and do not change the impacts of the final rule.
1. Placement of Pressure Monitors for Total Enclosures Inside Larger
Structures
Industry petitioners requested that the EPA clarify how
differential pressure monitors should be arranged within total
enclosures when those enclosures exist within or as part of a larger
structure. The EPA granted reconsideration in order to provide needed
clarifications. In the 2012 final rule, differential pressure monitors
are required on walls within a total enclosure to ensure negative
pressure is maintained within the enclosure. See 40 CFR 63.548(k). The
EPA included definitions for ``windward'' and ``leeward'' walls to
determine which walls within a total enclosure should have differential
pressure monitors. Windward and leeward walls were defined using
prevailing ambient wind directions. See 40 CFR 63.542. Industry
petitioners stated that some total enclosures are within larger
structures that shield the total enclosure from impacts of ambient
wind. Furthermore, we have determined there are significant technical
difficulties associated with monitoring negative pressure in areas that
open into other areas that are also under negative pressure. Therefore,
as explained in more detail under item number 5 below, in situations
where smaller enclosures are contained within larger total enclosed
structures, we are clarifying that facilities only need to monitor
pressure differential for the larger total enclosure. Furthermore, in
this action, we are clarifying that in such situations, owners or
operators may choose which wall to define as the ``windward wall'' for
placing differential pressure monitors. We are also adding regulatory
text that allows a permit authority to approve an alternative location
for the third monitor placed between the windward and leeward wall
monitors. Industry commenters stated that irregularly shaped enclosures
would make it difficult to determine where to place the monitor under
the current requirements. This clarification will not adversely affect
the quality or frequency of data collection from differential pressure
monitors.
2. Averaging Time for Differential Pressure Monitoring Data
The 2012 final rule for secondary lead smelters requires
differential pressure monitors in order to demonstrate continuous
compliance with the requirements of 40 CFR 63.544(c)(1). Industry
petitioners stated that the 2012 final rule creates uncertainty about
how to handle data collected from differential pressure monitors. The
2012 final rule did not explicitly state how to use the data collected
from the monitors, although the rule did incorporate 40 CFR
63.10(b)(2)(vii), which requires records of 15-minute averages of data
collected from continuous monitoring systems. In this action, we are
clarifying that the data collected from the continuous pressure
monitors must be used to calculate 15-minute averages that are used to
demonstrate compliance. This amendment does not alter the impacts of
the 2012 final rule. Rather, it simply clarifies the existing
requirements already included in the 2012 rule by explicitly stating
the requirements previously referenced in the general provisions.
3. Differential Pressure Monitoring Device Accuracy
The 2012 final rule included a requirement for differential
pressure monitors with ``minimum accuracy of plus or minus 0.001
millimeters of mercury (0.0005 inches of water).'' See 40 CFR
63.548(k)(3). Industry has expressed concerns that there are not
monitors available with certified accuracy at the levels prescribed in
the 2012 final rule. We included the accuracy requirement in the 2012
final rule to ensure that the differential pressure monitors display
and record data with sufficient sensitivity to demonstrate compliance
with the standard. Our goal was to require monitors that display and
record data with sufficient significant figures, rather than a specific
certified accuracy level. We are clarifying this requirement in the
regulatory text. We are changing the sensitivity requirement from
0.0005 inches of water to 0.001 inches of water. Industry commenters
noted difficulty finding monitors with sufficient sensitivity to meet
the original requirement. Monitors capable of recording data in
increments of 0.001 inches of water are sufficient to determine
compliance with the standard. This clarification will not have any
impact on the cost or environmental impacts of the 2012 final rule or
impact the quality or frequency of differential pressure data
collection.
4. Calibration Schedule for Differential Pressure Monitors
We are amending the regulatory text to simplify requirements for
calibrating differential pressure monitors. See 40 CFR 63.548(k)(5). We
have changed the regulatory text to require calibration per
manufacturer's specifications rather than on a prescribed schedule. It
has come to our attention that some manufacturers of differential
pressure monitors do not require or recommend calibration as frequently
as once per year. The amended requirements will ensure that monitors
are calibrated properly without requiring adjustments more frequently
than manufacturers recommend.
5. Monitoring Enclosures That Only Open Into Other Enclosures
We are adding regulatory text to address how negative pressure
within total enclosures must be monitored when those enclosures only
open into other totally enclosed process areas. If a source, or group
of sources, is in a totally enclosed part of a building that only opens
into other areas that are also totally enclosed under negative
pressure, the source only needs to monitor differential pressure on the
outermost walls of the enclosure that opens to areas that are not
enclosed under negative pressure. This change ensures that facilities
maintain negative pressure in structures housing process areas without
unnecessary monitoring requirements. It is redundant to monitor
negative pressure in process areas that open into other totally
enclosed process areas under negative pressure. Additionally, it has
come to our attention that there are technical difficulties associated
with monitoring negative pressure in areas that open into other areas
also under negative pressure. The modified regulatory text will ensure
that monitors are able to function properly by specifying that monitors
are not to be placed on walls with no
[[Page 370]]
exposure to ambient pressure on either side of the wall.
We have not made any other changes to the final rule in this direct
final action. We note that we are not re-proposing, reconsidering, or
in any other way re-opening any other aspects of the final rule for
comment through this direct final action.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review, and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), and
is, therefore, not subject to review under Executive Order 12866 and
13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This action adds clarifications and corrections to the final standards.
However, OMB has previously approved the information collection
requirements contained in the existing regulation (40 CFR part 63,
subpart X) under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501, et seq., and has assigned OMB control number 2060-0296.
The OMB control numbers for EPA's regulations in 40 CFR are listed in
40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impact of this rule on small
entities, small entity is defined as: (1) A small business as defined
by Small Business Administration (SBA) regulations at 13 CFR 121.201;
(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; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impact of this direct final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not impose any requirements on small entities because it does
not add any additional regulatory requirements and only clarifies the
existing compliance requirements.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. The action imposes no enforceable duties on any state, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments because it contains
no requirements that apply to such governments nor does it impose
obligations upon them.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It 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. This direct final rule primarily
affects private industry, and does not impose significant economic
costs on state or local governments. Thus, Executive Order 13132 does
not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have
substantial direct effect 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. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern health
or safety risks, such that the analysis required under section 5-501 of
the EO has the potential to influence the regulation. This action is
not subject to EO 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks. This action
simply clarifies certain requirements in the final rule and corrects
typographical errors.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is 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 of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. The VCS are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
VCS bodies. NTTAA directs the EPA to provide Congress, through OMB,
explanations when the agency decides not to use available and
applicable VCS.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the United States.
[[Page 371]]
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action merely corrects and clarifies existing
requirements, it does not change any regulatory requirements.
K. 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 final rule and other required information to the United States
Senate, the United States 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). The final rule will be
effective on March 4, 2014.
List of Subjects for 40 CFR Part 63
Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: December 20, 2013.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, part 63 of title 40,
chapter I, of the Code of Federal Regulations is amended as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
2. Amend Sec. 63.542 by revising the definition of ``Windward wall''
to read as follows:
Sec. 63.542 Definitions.
* * * * *
Windward wall means the exterior wall of a total enclosure that is
most impacted by the wind in its most prevailing direction determined
by a wind rose using available data from the closest representative
meteorological station. When openings into enclosures are not impacted
by ambient wind due to the enclosure being part of a larger structure,
the owner or operator may designate which wall of the enclosure to
define as the windward wall.
0
3. Amend Sec. 63.543 by revising paragraph (f) to read as follows:
Sec. 63.543 What are my standards for process vents?
* * * * *
(f) If you do not combine the furnace charging process fugitive
emissions with the furnace process emissions, and discharge such
emissions to the atmosphere through separate emissions points, you must
maintain the total hydrocarbons concentration in the exhaust gas at or
below 20 parts per million by volume, expressed as propane.
* * * * *
0
4. Amend Sec. 63.544 by revising the first sentence of paragraph (c)
introductory text and adding paragraph (c)(3) to read as follows:
Sec. 63.544 What are my total enclosure standards?
* * * * *
(c) You must construct and operate total enclosures for the sources
listed in paragraph (a) of this section as specified in paragraphs
(c)(1) through (3) of this section.* * *
* * * * *
(3) If areas that contain one or more sources listed in paragraphs
(a)(1) through (9) of this section are enclosed within a larger
building that also meets the definition of a total enclosure under
Sec. 63.542, the requirements of paragraphs (c)(1) and (2) shall be
monitored pursuant to Sec. 63.548(k) at only one leeward, one windward
and one additional wall of the outermost portion of the larger totally
enclosed building rather than each individual area within the building.
* * * * *
0
5. Amend Sec. 63.546 by adding paragraph (c) to read as follows:
Sec. 63.546 Compliance dates.
* * * * *
(c) Until the date specified in 63.546(a), secondary lead smelters
that commenced construction or reconstruction on or before May 19,
2011, must continue to demonstrate compliance with the requirements of
this subpart, codified in 40 CFR 63.541 through 40 CFR 63.550, that
were in effect prior to the January 5, 2012, amendments. This means
that secondary lead smelters that commenced construction or
reconstruction on or before June 9, 1994, must continue to demonstrate
compliance with existing source requirements of this subpart that were
in effect prior to the January 5, 2012, amendments until the date
specified in Sec. 63.546(a). Secondary lead smelters that commenced
construction or reconstruction after June 9, 1994, and on or before May
19, 2011, must continue to demonstrate compliance with new source
requirements of this subpart that were in effect prior to the January
5, 2012, amendments until the date specified in Sec. 63.546(a).
0
6. Amend Sec. 63.548 by revising paragraphs(k)(1)(iii), (k)(3), (k)(4)
and (k)(5) to read as follows:
Sec. 63.548 Monitoring requirements.
* * * * *
(k) * * *
(1) * * *
(iii) An exterior wall that connects the leeward and windward wall
at a location defined by the intersection of a perpendicular line
between a point on the connecting wall and a point on its furthest
opposite exterior wall, and intersecting within plus or minus 10 meters
of the midpoint of a straight line between the two other monitors
specified. The midpoint monitor must not be located on the same wall as
either of the other two monitors. If approved by the permitting
authority, this third monitor may be placed in an alternative location
on the midpoint wall or an exterior wall that is not the windward wall,
leeward wall or midpoint wall.
* * * * *
(3) The digital differential pressure monitoring systems must be
certified by the manufacturer to be capable of measuring and displaying
negative pressure containing values in the range of 0.01 to 0.2
millimeters mercury (0.005 to 0.11 inches of water) and capable of
recording data in increments of 0.002 millimeters of mercury (0.001
inches of water).
(4) You must equip each digital differential pressure monitoring
system with a continuous recorder. To demonstrate compliance with the
standard for differential pressure, you must maintain the pressure in
total enclosures such that the average pressure in any 15-minute period
does not fall below the level specified in Sec. 63.544(c)(1). The 15-
minute averages must include at least one reading per minute.
(5) You must calibrate each digital differential pressure
monitoring system
[[Page 372]]
in accordance with manufacturer's specifications.
* * * * *
0
7. Section 63.550 is amended by revising paragraph (e)(10) to read as
follows:
Sec. 63.550 Recordkeeping and reporting requirements.
* * * * *
(e) * * *
(10) Records of 15-minute periods when the pressure was not
maintained as required in Sec. 63.544(c) or power was lost to the
continuous pressure monitoring system as required in Sec. 63.548(k).
Records of which wall is chosen as the windward wall must be included
in the records required by Sec. 63.10(c) if a total enclosure located
within a larger structure is not impacted by ambient wind.
* * * * *
0
8. Amend Table 3 to Subpart X of Part 63--Toxic Equivalency Factors by
revising to read as follows:
Table 3 to Subpart X of Part 63--Toxic Equivalency Factors
------------------------------------------------------------------------
Toxic
Dioxin/furan congener equivalency
factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin............. 1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin........... 1
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin.......... 0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin.......... 0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin.......... 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin....... 0.01
octachlorinated dibenzo-p-dioxin...................... 0.0003
2,3,7,8-tetrachlorinated dibenzofuran................. 0.1
2,3,4,7,8-pentachlorinated dibenzofuran............... 0.3
1,2,3,7,8-pentachlorinated dibenzofuran............... 0.03
1,2,3,4,7,8-hexachlorinated dibenzofuran.............. 0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran.............. 0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran.............. 0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran.............. 0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran........... 0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran........... 0.01
octachlorinated dibenzofuran.......................... 0.0003
------------------------------------------------------------------------
[FR Doc. 2013-31267 Filed 1-2-14; 8:45 am]
BILLING CODE 6560-50-P