[Federal Register Volume 79, Number 2 (Friday, January 3, 2014)]
[Proposed Rules]
[Pages 379-381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31266]



40 CFR Part 63

[EPA-HQ-OAR-2011-0344; FRL-9904-39-OAR]
RIN 2060-AR66

National Emissions Standards for Hazardous Air Pollutants From 
Secondary Lead Smelting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule amendments.


SUMMARY: The Environmental Protection Agency (EPA) is proposing 
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 action proposes 
amendments to clarify certain regulatory text related to compliance 
dates. Additionally, we are proposing amendments to clarify certain 
provisions in the 2012 final rule relating to monitoring of negative 
pressure in total enclosures. This action also proposes corrections of 
typographical errors in a table listing congeners of dioxins and furans 
and testing requirements for total hydrocarbons.

DATES: Comments. Comments must be received on or before February 3, 
2014, or 30 days after date of public hearing, if one is requested. If 
anyone contacts the EPA requesting a public hearing by January 10, 
2014, the EPA will announce the details as to when the hearing will be 
held in a separate Federal Register notice.
    Public Hearing. The EPA will hold a public hearing on this proposed 
rule if requested. Requests for a hearing must be made by January 10, 
2014. Contact Nathan Topham at [email protected] or (919) 541-0483 
by January 10, 2014 to request a public hearing. If a hearing is 
requested, the EPA will announce the details, including specific dates, 
times, addresses and contact information for the hearing, in a separate 
Federal Register notice.

ADDRESSES: Submit your 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 
     Fax: (202) 566-9744, Attention Docket ID Number EPA-HQ-
     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 proposed action 
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 proposed 
action, contact Mr. Nathan Topham, Metals and Inorganic Chemicals 
Group, Sector Policies and Programs Division (D243-

[[Page 380]]

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. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for the EPA?
    C. What is the background for the proposed amendments?
II. Direct Final Rule
III. Statutory and Executive Order Reviews

I. General Information

A. Does this action apply to me?

    The regulated industrial source category that is the subject of 
this proposal is listed in Table 1 of this preamble. Table 1 of this 
preamble is not intended to be exhaustive, but rather provides a guide 
for readers regarding the entities likely to be affected by this 
proposed action. These standards, once finalized, will be directly 
applicable to affected sources. Federal, state, local and tribal 
government entities are not affected by this proposed action. As 
defined in the source category listing report published by the EPA in 
1992, the Secondary Lead Smelting source category is defined as any 
facility at which lead-bearing scrap materials (including, but not 
limited to lead acid batteries) are recycled by smelting into elemental 
lead or lead alloys.\1\

    \1\ USEPA. Documentation for Developing the Initial Source 
Category List--Final Report, USEPA/OAQPS, EPA-450/3-91-030, July 

                Table 1--NESHAP and Industrial Source Categories Affected By This Proposed Action
                                                                                        NAICS \1\     MACT \2\
                 Source category                                NESHAP                    code          code
Secondary Lead Smelting.........................  Secondary Lead Smelting...........       331492          0205
\1\ North American Industry Classification System.
\2\ Maximum Achievable Control Technology.

B. What should I consider as I prepare my comments for the EPA?

    Submitting Confidential Business Information. Do not submit 
information containing CBI to the EPA through http://www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information on a disk or 
CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. If 
you submit a CD ROM or disk that does not contain CBI, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and the EPA's 
electronic public docket without prior notice. Information marked as 
CBI will not be disclosed except in accordance with procedures set 
forth in 40 CFR part 2. Send or deliver information identified as CBI 
only to the following address: Roberto Morales, OAQPS Document Control 
Officer (C404-02), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, Attention Docket ID Number EPA-HQ-OAR-2011-0344.
    Docket. The docket number for this action is Docket ID Number EPA-
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of this action will be posted on the WWW through the 
Technology Transfer Network Web site (TTN Web). Following signature, 
the EPA will post a copy of this action on the TTN's policy and 
guidance page at http://www.epa.gov/ttn/oarpg. The TTN provides 
information and technology exchange in various areas of air pollution 

C. What is the background for the proposed amendments?

    On January 5, 2012 (77 FR 556), the EPA issued 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: 
    Industry petitioners expressed concern that the agency changed one 
aspect of the emission standard for total hydrocarbons (THC) between 
proposing and finalizing the RTR 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 76 FR 29072, May 19, 2011. In the 
2012 final rule, this standard inadvertently included correction to 4-
percent CO2. See 77 FR 582, January 5, 2012.
    Finally, petitioners asked the EPA to clarify several monitoring 
provisions for total enclosures. Industry requested

[[Page 381]]

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 
irregularly shaped enclosures or 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).

II. Direct Final Rule

    A direct final rule that would make the same changes as those 
proposed in this document appears in the Rules and Regulations section 
of this Federal Register. The EPA is taking direct final action on 
these amendments because we view the amendments as noncontroversial and 
anticipate no significant adverse comments. The EPA has explained our 
reasons for the amendments in the direct final rule. If no significant 
adverse comments are received, no further action will be taken on the 
proposal, and the direct final rule will become effective as provided 
in that action.
    If the EPA receives significant adverse comments, we will withdraw 
only those provisions on which we received those comments. The EPA will 
publish a timely withdrawal in the Federal Register indicating which 
provisions will become effective, and which provisions are being 
withdrawn. If part or the entire direct final rule in the Rules and 
Regulations section of this Federal Register is withdrawn, all comments 
pertaining to those provisions will be addressed in a subsequent final 
rule based on these proposed amendments. The EPA will not institute a 
second comment period on the subsequent final action. Any parties 
interested in commenting must do so at this time.
    The changes to the regulatory text proposed in this notice are 
identical to those for the direct final rule published in the Rules and 
Regulations section of this Federal Register. For further information, 
including the detailed rationale for the proposal and the regulatory 
revisions, see the direct final rule published in a separate part of 
this Federal Register.

III. Statutory and Executive Order Reviews

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

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,
[FR Doc. 2013-31266 Filed 1-2-14; 8:45 am]