[Federal Register Volume 79, Number 2 (Friday, January 3, 2014)]
[Rules and Regulations]
[Pages 367-372]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31267]


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

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.

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

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: a-and-r-docket@epa.gov, 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: 
topham.nathan@epa.gov.

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