National Emissions Standards for Hazardous Air Pollutants From Secondary Lead Smelting, 379-381 [2013-31266]

Download as PDF Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Proposed Rules rules: Mojave Desert AQMD Rule 1113 Architectural Coatings, Monterey Bay Unified APCD Rule 426 Architectural Coatings, Antelope Valley AQMD Rule 1174 Control of Volatile Organic Compound Emissions from the Ignition of Barbecue Charcoal, and South Coast AQMD Rule 1177 Liquefied Petroleum Gas Transfer and Dispensing. In the Rules and Regulations section of this Federal Register, we are approving three of these local rules and rescinding one local rule in a direct final action without prior proposal because we believe these SIP revisions are not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. Dated: September 25, 2013. Jared Blumenfeld, Regional Administrator, Region IX. [FR Doc. 2013–30872 Filed 1–2–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 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 Environmental Protection Agency (EPA). ACTION: Proposed rule amendments. AGENCY: 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 tkelley on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:05 Jan 02, 2014 Jkt 232001 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 topham.nathan@ epa.gov 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: • https://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 https://www.regulations.gov, including any personal information provided, PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 379 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 https:// www.regulations.gov or email. The https://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 https:// 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 https://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 https:// 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 https:// 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– E:\FR\FM\03JAP1.SGM 03JAP1 380 Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Proposed Rules 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. C. What is the background for the proposed amendments? II. Direct Final Rule III. Statutory and Executive Order Reviews SUPPLEMENTARY INFORMATION: Organization of this Document. The following outline is provided to aid in locating information in the preamble. 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 I. General Information A. Does this action apply to me? B. What should I consider as I prepare my comments for the EPA? I. General Information 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 TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS PROPOSED ACTION Source category NESHAP NAICS 1 code MACT 2 code Secondary Lead Smelting ................................................. Secondary Lead Smelting ................................................ 331492 0205 1 North American Industry Classification System. 2 Maximum Achievable Control Technology. tkelley on DSK3SPTVN1PROD with PROPOSALS 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 https://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–HQ– OAR–2011–0344. 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 https://www.epa.gov/ttn/oarpg. The TTN provides information and technology exchange in various areas of air pollution control. 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 preexisting 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: https://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 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 1 USEPA. Documentation for Developing the Initial Source Category List—Final Report, USEPA/ OAQPS, EPA–450/3–91–030, July 1992. VerDate Mar<15>2010 16:05 Jan 02, 2014 Jkt 232001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\03JAP1.SGM 03JAP1 Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS 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 VerDate Mar<15>2010 16:05 Jan 02, 2014 Jkt 232001 to this action, see the direct final rule in the ‘‘rules and Regulations’’ section of this Federal Register. Street SW., Washington, DC 20472, (202) 646–4064, or (email) Luis.Rodriguez3@fema.dhs.gov. List of Subjects for 40 CFR Part 63 381 SUPPLEMENTARY INFORMATION: Environmental protection, Administrative practice and procedures, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: December 20, 2013. Gina McCarthy, Administrator. [FR Doc. 2013–31266 Filed 1–2–14; 8:45 am] BILLING CODE 6560–50–P On March 28, 2012, FEMA published a proposed notice at 77 FR 18837, proposing flood hazard determinations in Bullitt County, Kentucky. FEMA is withdrawing the proposed notice. Authority: 42 U.S.C. 4104; 44 CFR 67.4. Date: November 22, 2013. Roy E. Wright, Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2013–30946 Filed 1–2–14; 8:45 am] DEPARTMENT OF HOMELAND SECURITY BILLING CODE 9110–12–P Federal Emergency Management Agency DEPARTMENT OF COMMERCE 44 CFR Part 67 National Oceanic and Atmospheric Administration [Docket ID FEMA–2012–0003; Internal Agency Docket No. FEMA–B–1241] 50 CFR Part 679 Proposed Flood Hazard Determinations for Bullitt County, Kentucky and Incorporated Areas RIN 0648–BD66 Federal Emergency Management Agency, DHS. ACTION: Proposed notice; withdrawal. AGENCY: The Federal Emergency Management Agency (FEMA) is withdrawing its proposed notice concerning proposed flood hazard determinations, which may include the addition or modification of any Base Flood Elevation, base flood depth, Special Flood Hazard Area boundary or zone designation, or regulatory floodway on the Flood Insurance Rate Maps, and where applicable, in the supporting Flood Insurance Study reports for Bullitt County, Kentucky and Incorporated Areas. DATES: This withdrawal is effective January 3, 2014. ADDRESSES: You may submit comments, identified by Docket No. FEMA–B– 1241, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–4064, or (email) Luis.Rodriguez3@fema.dhs.gov. SUMMARY: Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 [Docket No. 130903776–3776–01] Fisheries of the Exclusive Economic Zone Off Alaska; Modifications to Identification Markings on Fishing Gear Marker Buoys National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS proposes to revise the identification marking requirements for fishing gear marker buoys (buoys) used in Federal waters off Alaska. This proposed rule would eliminate the requirement that hook-and-line, longline pot, and pot-and-line buoys be marked with the vessel’s name. The requirement to mark buoys with either the vessel’s Federal fisheries permit number or Alaska Department of Fish and Game (ADF&G) number remains in effect. This action is needed to remove a regulatory requirement that is unnecessary. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI Groundfish FMP), the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA Groundfish FMP), and other applicable laws. SUMMARY: E:\FR\FM\03JAP1.SGM 03JAP1

Agencies

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


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

ENVIRONMENTAL PROTECTION AGENCY

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 topham.nathan@epa.gov 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:
     https://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 https://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 https://www.regulations.gov or email. The https://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 https://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 https://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 https://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 https://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: topham.nathan@epa.gov.

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 
1992.

                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 https://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-
HQ-OAR-2011-0344.
    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 https://www.epa.gov/ttn/oarpg. The TTN provides 
information and technology exchange in various areas of air pollution 
control.

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: 
https://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 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,
Administrator.
[FR Doc. 2013-31266 Filed 1-2-14; 8:45 am]
BILLING CODE 6560-50-P
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