Completion of Requirement To Promulgate Emissions Standards, 74656-74681 [2014-29482]

Download as PDF mstockstill on DSK4VPTVN1PROD with PROPOSALS 74656 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules OAR–2014–0703, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. Email: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or email. www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send email directly to EPA, your email address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: Generally, documents in the docket for this action are available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105–3901. While all documents in the docket are listed at www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, (415) 947–4125, vineyard.christine@ epa.gov. This proposal addresses the following local rules: (1) FRAQMD Rule 2.0, Open Burning and (2) FRAQMD Rule 3.17, Wood Heating Devices. In the Rules and Regulations section of this Federal Register, we are approving these local rules in a direct final action without SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 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: October 16, 2014. Jared Blumenfeld, Regional Administrator, Region IX. [FR Doc. 2014–29283 Filed 12–15–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60 and 63 [EPA–HQ–OAR–2004–0505; FRL–9920–49– OAR] RIN 2060–AS42 Completion of Requirement To Promulgate Emissions Standards Environmental Protection Agency. ACTION: Proposed rule. AGENCY: In this action, the Environmental Protection Agency (EPA) proposes that it has completed its statutory obligation of the Clean Air Act to promulgate emissions standards for source categories accounting for not less than ninety percent of the aggregated emissions of each of the seven hazardous air pollutants enumerated in section 112(c)(6). This document explains the basis for the agency’s conclusion that it completed this obligation in February of 2011, identifies the promulgated standards that collectively satisfy the obligation, and provides the public an opportunity to comment. DATES: Comments must be received on or before February 17, 2015. Public Hearing. If anyone contacts the EPA requesting to speak at a public hearing by December 22, 2014, a public hearing will be held on December 31, 2014 at the U.S. EPA building at 109 T.W. Alexander Drive, Research SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 Triangle Park, NC 27711. If you are interested in requesting a public hearing or attending the public hearing, contact Ms. Virginia Hunt at (919) 541–0832 or at hunt.virginia@epa.gov. If the EPA holds a public hearing, the EPA will keep the record of the hearing open for 30 days after completion of the hearing to provide an opportunity for submission of rebuttal and supplementary information. Under the Paperwork Reduction Act, comments on the information collection provisions are best assured of having full effect if the Office of Management and Budget (OMB) receives a copy of your comments on or before January 15, 2015. Submit your comments, identified by Docket ID Number EPA– HQ–OAR–2004–0505, by one of the following methods: • Federal Rulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Agency Web site: http://www.epa. gov/oar/docket.html. Follow the instructions for submitting comments on the EPA Air and Radiation Docket Web site. • Email: a-and-r-docket@epa.gov. Include EPA–HQ–OAR–2004–0505 in the subject line of the message. • Fax: Fax your comments to: (202) 566–9744, Attention Docket ID Number EPA–HQ–OAR–2004–0505. • Mail: Environmental Protection Agency, EPA Docket Center (EPA/DC), Mail Code 28221T, Attention Docket ID No. EPA–HQ–OAR–2004–0505, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for the EPA, 725 17th Street NW., Washington, DC 20503. • Hand Delivery or Courier: EPA Docket Center, Room 3334, EPA WJC West Building, 1301 Constitution Avenue NW., Washington, DC 20004, Attention Docket ID Number EPA–HQ– OAR–2004–0505. 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– 2004–0505. The EPA 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 ADDRESSES: E:\FR\FM\16DEP1.SGM 16DEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 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 avoid the use of special characters, any form of encryption and be free of any defects or viruses. For additional information about the EPA public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/ dockets.htm. Docket. The EPA has established a docket for this rulemaking under Docket ID Number EPA–HQ–OAR–2004–0505. 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, 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 WJC West Building, 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. Public Hearing. If anyone contacts the EPA requesting a public hearing by December 22, 2014, the public hearing will be held on December 31, 2014 at the EPA’s campus at 109 T.W. Alexander Drive, Research Triangle Park, North Carolina. The hearing will begin at 10:00 a.m. (Eastern Standard VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 Time) and conclude at 5:00 p.m. (Eastern Standard Time). There will be a lunch break from 12:00 p.m. to 1:00 p.m. Please contact Ms. Virginia Hunt at (919) 541–0832 or at hunt.virginia@ epa.gov to register to speak at the hearing or to inquire as to whether or not a hearing will be held. The last day to pre-register in advance to speak at the hearing will be December 29, 2014. Additionally, requests to speak will be taken the day of the hearing at the hearing registration desk, although preferences on speaking times may not be able to be accommodated. If you require the service of a translator or special accommodations such as audio description, please let us know at the time of registration. If you require an accommodation, we ask that you preregister for the hearing, as we may not be able to arrange such accommodations without advance notice. The hearing will provide interested parties the opportunity to present data, views or arguments concerning the proposed action. The EPA will make every effort to accommodate all speakers who arrive and register. Because these hearing are being held at U.S. government facilities, individuals planning to attend the hearing should be prepared to show valid picture identification to the security staff in order to gain access to the meeting room. Please note that the REAL ID Act, passed by Congress in 2005, established new requirements for entering federal facilities. If your driver’s license is issued by Alaska, American Samoa, Arizona, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, Montana, New York, Oklahoma or the state of Washington, you must present an additional form of identification to enter the federal building. Acceptable alternative forms of identification include: Federal employee badges, passports, enhanced driver’s licenses and military identification cards. In addition, you will need to obtain a property pass for any personal belongings you bring with you. Upon leaving the building, you will be required to return this property pass to the security desk. No large signs will be allowed in the building, cameras may only be used outside of the building and demonstrations will not be allowed on federal property for security reasons. The EPA may ask clarifying questions during the oral presentations, but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 74657 information presented at the public hearing. For questions about this proposed rule, contact Mr. Nathan Topham, Office of Air Quality Planning and Standards; Sector Policies and Programs Division, Metals and Inorganic Chemicals Group (D243–02); Environmental Protection Agency; Research Triangle Park, NC 27111; telephone number: (919) 541– 0483; fax number: (919) 541–3207; email address: topham.nathan@epa.gov. SUPPLEMENTARY INFORMATION: The information presented in this preamble is organized as follows: FOR FURTHER INFORMATION CONTACT: I. General Information A. What should I consider as I prepare my comments to the EPA? B. Where can I get a copy of this document? II. Background Information A. What is the statutory background for this action? B. What is the litigation history regarding this action? III. How has the EPA satisfied its obligation under Clean Air Act section 112(c)(6)? A. How did the EPA determine what regulations would collectively satisfy the 90 percent requirement under section 112(c)(6)? B. What is the total updated 1990 baseline inventory of source categories that emit section 112(c)(6) HAP and which source categories are determined by the EPA to be necessary to meet the 90 percent requirement under section 112(c)(6)? C. What changes have been made to the 1990 baseline inventory since the 1998 notice? D. What are the emissions standards that the EPA has promulgated to meet the 90 percent requirement under section 112(c)(6)? IV. Surrogate Pollutants Used by the EPA To Ensure That the Section 112(c)(6) Requirements Are Fulfilled A. Surrogates for POM B. Surrogates for Hexachlorobenzene (HCB) V. Conclusion VI. 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 (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism 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 E:\FR\FM\16DEP1.SGM 16DEP1 74658 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations I. General Information A. What should I consider as I prepare my comments to the EPA? Submitting CBI. 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: 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– 2004–0505. mstockstill on DSK4VPTVN1PROD with PROPOSALS B. Where can I get a copy of this document? In addition to being available in the docket, an electronic copy of this proposal will also be available on the Internet through the EPA’s Technology Transfer Network (TTN). Following signature by the EPA Administrator, a copy of this proposed action will be posted on the TTN’s policy and guidance page for newly proposed or promulgated rules at the following address: http://www.epa.gov/ttn/atw/ eparules.html. The TTN provides information and technology exchange in various areas of air pollution control. VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 II. Background Information A. What is the statutory background for this action? Section 112(c)(6) of the Clean Air Act requires EPA to take action 1 with respect to seven specific persistent, bioaccumulative hazardous air pollutants (HAP). The section states, ‘‘With respect to alkylated lead compounds, polycyclic organic matter, hexachlorobenzene,2 mercury, polychlorinated biphenyls,3 2,3,7,8tetrachlorodibenzofurans 4 and 2,3,7,8tetrachlorodibenzo-p-dioxin,5 the Administrator shall, not later than 5 years after November 15, 1990, list categories and subcategories of sources assuring that sources accounting for not less than 90 per centum of the aggregate emissions of each such pollutant are subject to standards under subsection (d)(2) or (d)(4) of this section.’’ Section 112(c)(6) requires the EPA to ensure that sources responsible for 90 percent of the aggregate emissions of each of the seven specified pollutants are subject to standards under sections (d)(2) or (d)(4) of this section. 42 U.S.C. 7412(c)(6). It requires the EPA to list, by November 15, 1995, source categories assuring that sources responsible for 90 percent of the aggregate emissions are subject to emission standards pursuant to section 112(d)(2) or (4), and to promulgate such standards by November 15, 2000. Under section 112(d)(2), the EPA imposes emission standards that require ‘‘the maximum degree of reduction in emissions of the [HAPs]’’ that the EPA concludes are achievable based on a consideration of factors identified in the statute. 42 U.S.C. 7412(d)(2). These are referred to as ‘‘maximum achievable control technology’’ or ‘‘MACT.’’ Section 112(d)(4) authorizes the EPA to set a health-based standard for a limited set of hazardous air pollutants for which a health threshold has been established, and that standard must provide for ‘‘an ample margin of safety.’’ 42 U.S.C. 7412(d)(4). 1 Section 112(c)(6) also states that ‘‘This paragraph shall not be construed to require the Administrator to promulgate standards for such pollutants emitted by electric utility steam generating units.’’ 2 Referred to elsewhere in this document as ‘‘HCB.’’ 3 Referred to elsewhere in this document as ‘‘PCBs.’’ 4 Referred to elsewhere in this document as ‘‘furan.’’ 5 Referred to elsewhere in this document as ‘‘dioxin.’’ Note that dioxin and furan emissions are grouped together for the purpose of the 1990 baseline inventory in Table 1 of this preamble. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 B. What is the litigation history regarding this action? In 2001, Sierra Club filed suit in the U.S. District Court for the District of Columbia asserting, among other allegations, that the EPA had failed to promulgate emission standards sufficient to satisfy the 90 percent requirement in CAA section 112(c)(6). See Sierra Club v. Jackson, No. 01–1537 (D.D.C.). In an order issued March 31, 2006 (‘‘2006 order’’), the district court set a deadline (later extended) for the EPA to complete that task. Sierra Club v. Johnson, 444 F. Supp. 2d 46, 59 (D.D.C. 2006). In the course of that suit, the EPA explained that ‘‘once [it] completes emission standards for the remaining source categories under section 112(c)(6), it intends to issue a notice that explains how it has satisfied the requirements of section 112(c)(6) in terms of issuing emission standards for the source categories that account for the statutory thresholds identified in section 112(c)(6).’ ’’ Id. On March 21, 2011, having promulgated standards sufficient to meet the 90 percent requirement under section 112(c)(6), the EPA published a notice in the Federal Register (FR) announcing it had met its statutory obligation. Completion of Requirement to Promulgate Emission Standards, 76 FR 15308 (March 21, 2011) (‘‘90 Percent Notice’’ or ‘‘Notice’’). The March 21, 2011, notice contained the EPA Administrator’s conclusion that ‘‘EPA has completed sufficient standards to meet the 90-percent requirement under . . . section 112(c)(6).’’ 76 FR 15308. The Administrator based that determination on a technical memorandum ‘‘document[ing] the actions the Agency has taken to meet these requirements.’’ Id. The technical memorandum titled Emission Standards for Meeting the Ninety Percent Requirement under Section 112(c)(6) of the Clean Air Act, which is available in the docket for this action (Docket ID: EPA–HQ–OAR–2004–0505), included an updated 1990 baseline inventory, an updated list of the source categories necessary to meet the 90 percent requirement, and a list of emission standards the EPA has promulgated for these source categories. In 2011, Sierra Club filed suit in U.S. Court of Appeals for the District of Columbia (D.C. Circuit) challenging the March 21, 2011, notice. The D.C. Circuit vacated the notice, holding that the notice was a legislative rulemaking that must be issued through a notice and comment rulemaking. Sierra Club v. EPA, 699 F.3d 530, 535 (D.C. Cir. 2012). E:\FR\FM\16DEP1.SGM 16DEP1 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules In 2013, Sierra Club filed a motion with the district court, seeking enforcement of the 2006 order. In an opinion dated July 25, 2014, the district court held that the EPA failed to comply with the 2006 order and directed the EPA to initiate a process of notice and comment rulemaking before the agency reissues, reconsiders or modifies its determination regarding section 112(c)(6). Therefore, the EPA is issuing this proposed rule as ordered by the district court and providing an opportunity for comment on the EPA’s proposed determination that it has fulfilled the requirements of section 112(c)(6). III. How has the EPA satisfied its obligation under clean air act section 112(c)(6)? mstockstill on DSK4VPTVN1PROD with PROPOSALS A. How did the EPA determine what regulations would collectively satisfy the 90 percent requirement under section 112(c)(6)? In 1998, the EPA published an initial list of source categories and subcategories in the Federal Register that the agency at that time believed it needed to regulate under section 112(c)(6) to satisfy that provision’s 90 percent requirement. 63 FR 17838, April 10, 1998. The EPA first developed a 1990 baseline inventory 6 which identified all known sources of the section 112(c)(6) HAPs at the time and included estimated national annual emissions for each source category as of 1990. 63 FR 17847, Table 1. The EPA then identified source categories considered subject to standards under 112(d)(2) and (d)(4), as well as those subject to section 129 standards.7 63 FR 17842. See also Table 2 of the 1998 Notice, 63 FR 17849. The EPA found that a majority of the source categories needed to achieve the 90 percent requirement were already subject to either section 112(d)(2) or (d)(4) standards or section 129 standards or listed for such regulation. 63 FR 17839. Based on the 1990 baseline emissions inventory, the EPA concluded that the 6 The EPA chose 1990 as the baseline year because that was when the section 112(c)(6) requirements came into force as part of the CAA Amendments of 1990. See 62 FR 33627. 7 The EPA considers standards promulgated under section 129 as substantively equivalent to those promulgated under section 112(c)(6). 63 FR 17846. VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 90 percent requirement had been met for five of seven 112(c)(6) HAP but that additional regulations were needed for polycyclic organic matter (POM) and alkylated lead to attain the 90 percent level for those two HAP. 63 FR 17846. Therefore, the EPA added two more categories to the initial section 112(c)(6) source category list. See Table 2, 63 FR 17850. However, the EPA also noted in that notice that ‘‘many uncertainties remain concerning the accuracy of its identification of source categories and estimates of emissions.’’ 63 FR 17845. The EPA forewarned that ‘‘Given the uncertainties, the EPA recognizes that the list may be subject to change.’’ 63 FR 17846. For example, in that notice, the EPA explained: As the Agency proceeds to develop appropriate emission standards, it will necessarily develop improved source category-specific information, which may affect the estimates of total emissions, the percentage of emissions subject to standards, allocation of emissions within a source category to major and area sources, and source categories for which standards need to be developed. As it proceeds to develop these standards and associated information, EPA intends to further evaluate this information against its obligation to assure that sources accounting for not less than 90 percent of emissions are subject to standards. 63 FR 17845 In particular, the agency explained that, for regulations not yet developed, it would subject area source categories with significant emissions to the regulations required by section 7412(c)(6), but that ‘‘[s]ome area categories may be negligible contributors to the 90 percent goal, and as such pose unwarranted burdens for subjecting to [MACT] standards.’’ Id. Subsequent to the publication of the initial section 112(c)(6) list, as the EPA continued evaluating source categories and developing standards, the EPA has updated the listing several times. The EPA issued the updates either as a separate notice or in conjunction with development of specific standards. The updates are as follows: • Section 112(c)(6) Source Category List: Tire Production, 65 FR 47725, August 3, 2000. This action removed tire production manufacturing from the list. • National Emission Standards for Hazardous Air Pollutants; Revision of Source Category List for Standards PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 74659 Under Section 112(c)(6) and 112(k) of the Clean Air Act, 67 FR 68124, November 8, 2002. This action added gasoline distribution Stage I to the list and removed area sources in the following categories: Asphalt hot mix production, fabricated metal products, paint and allied products, paper coated and laminated, packaging and transportation equipment manufacturing. • Revision of Source Category Lists for Standards Under Sections 112(c) and 112(k) of the Clean Air Act; and National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace; Proposed Rule, 72 FR 53814, September 20, 2007. This action added the electric arc furnace (EAF) steelmaking facility area source category to the list. • National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities; Final Rule, 73 FR 1916, January 10, 2008. This action finalized the decision not to regulate gasoline distribution area sources under section 112(c)(6). • National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and Production Area Source Category; and Addition to Source Category List for Standards; Final Rule, 76 FR 9450, February 17, 2011. This action added the Gold Mine Ore Processing and Production source category to the list. • National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers; Final Rule, 76 FR 15554, March 21, 2011. This action explained that area source wood and oil-fired boilers were not needed to meet the 90 percent requirement for POM and mercury under section 112(c)(6). • Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Sewage Sludge Incineration Units; Final Rule, 76 FR 15372, March 21, 2011. This action explained that sewage sludge incineration units were needed to meet the 90 percent requirement for mercury under section 112(c)(6). See 76 FR 15375. E:\FR\FM\16DEP1.SGM 16DEP1 74660 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules • Emission Standards for Meeting the Ninety Percent Requirement under Section 112(c)(6) of the Clean Air Act, Docket ID: EPA–HQ–OAR–2004–0505– 0006 (February 18, 2011). This technical memorandum documented the actions the EPA had taken to meet the 90 percent requirement under section 112(c)(6) and included an updated 1990 baseline inventory, an updated list of the source categories necessary to meet the 90 percent requirement, and a list of emission standards the EPA promulgated for these source categories.8 mstockstill on DSK4VPTVN1PROD with PROPOSALS 8 As explained earlier in this document, this technical memorandum was the basis of the EPA’s conclusion in a March 21, 2011, FR notice that it has completed its obligation under section 112(c)(6). See Completion of Requirement to Promulgate Emission Standards, 76 FR 15308, March 21, 2011. The 2011 notice was later vacated VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 B. What is the total updated 1990 baseline inventory of source categories that emit 112(c)(6) HAP and which source categories are determined by the EPA to be necessary to meet the 90 percent requirement under section 112(c)(6)? 1. Updated 1990 Baseline Emissions Inventory for Section 112(c)(6) HAPs Table 1 presents the updated 1990 baseline emission inventory for the section 112(c)(6) pollutants based on the history, actions, updates and documentation explained elsewhere in this document. Table 1 includes the by the U.S. Court of Appeals for the District of Columbia, which held that the notice must be issued through a notice and comment rulemaking. Sierra Club v. EPA, 699 F.3d 530, 535 (D.C. Cir. 2012). PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 updated estimated emissions (in tons per year or pounds per year) for year 1990 for each of the section 112(c)(6) pollutants for each source category and the percent of the total emissions for 1990. Table 1 also identifies the categories that the EPA is counting towards meeting the EPA’s 90 percent requirement for each section 112(c)(6) HAP. Table 1 also identifies remaining source categories (which added together account for 10 percent or less of the total inventory) that emit section 112(c)(6) HAP. By February 21, 2011, the EPA had promulgated either MACT or equivalent standards under section 129 for each of the source categories identified in the top portion of Table 1 (i.e., the portion labeled ‘‘Categories Subject to Regulation’’). BILLING CODE 6560–50–P E:\FR\FM\16DEP1.SGM 16DEP1 74661 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules Table 1. Updated 1990 Baseline Emission Inventory for the 112(c) (6) Pollutants - [J] .Q [J] r-l ~ [J] ·rl " ·rl [J] [J] [J] [J] [J] [J] ·rl - .,..; iLl E fil ::r: 8 IH 0 o\O ~ [J] ~ !':: ·rl 8 H iLl !':: <tl QJ >-. <tl H H ;::i [J:., ~ I ~ p, QJ p, 8 iLl lf...j 0 o\O ~ 'd ~ ·rl <tl '"' .-! ~ !':: ·rl X " 0 -p. >-. [J] [J] ~ 0 -p. >-. - [J] ~ 0 >-. - .w - .,..; [J] ~ ·rl E p. [J] !':: 0 .w ·rl [J] [J] [J] ~ ·rl >-. 4-< E ·rl ·rl iLl H 0 iLl ;::i [J] [J] 4-< [J] [J] 4-< 0 H o\o .w ~ ~ ·rl 8 iLl 0 0 [J] [J] >-. p. .w ~ ·rl [J] [J] ·rl 8 iLl 'D 4-< IT) 0 (]) ..:I o\O 'D 'D <tl ~ ·rl 0 ·rl 0 >-. fil - fil - r-l ..:I ;::i ~ :>< I '"' [J] QJ p, .-! .,..; 0 ·rl ·rl 0 [J] 0 ~ [J] [J] - [J] ·rl 0 - P1 CJ p, P1 CJ P1 CJ P1 CJ >-. ..': 'd rl ~ .w ~ H 0 .,..; 0 H 0 E o\O E QJ o\o (]) .j.J ~ p, ::r: ::r: <tl (]) (]) IT) r-l >-. 0 Source Category mstockstill on DSK4VPTVN1PROD with PROPOSALS ..': 0 ~ r-l ·rl Categories Sub"ect to Regulation Counted Towards the 90 Percent Requirement Aerospace Industry (Surface Coating) 1640.0 20.6% 0.10 0.1% Agricultural Chemicals (major) 8.31 0.1% Alkylated Lead Production (major) Asphalt Roofing Production (major) 37.20 0.5% Blast Furnace and 499.00 Steel Mills 6.3% Commercial/Instit utional Coal Combustion (major sources) 0.4% 34.50 Commercial/Instit utional Coal Combustion (area sources) 138.00 1.7% Industrial Coal Combustion (major sources) 110.00 1.4% f-Industrial Coal Combustion (area sources) 47.10 0.6% Commercial/Instit utional Oil Combustion (major sources) 10.70 0.1% Industrial Oil Combustion (major sources) 35.60 0.4% Commercial/Instit utional Wood/Wood Residue Combustion (major sources) 7.16 0.1% VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4725 E:\FR\FM\16DEP1.SGM 16DEP1 18. 29 99.7 % EP16DE14.032</GPH> >-. p. .w - ~ Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules [J] ~ .Q r-1 [J] " 0 ~ ~ ~ [J] ~ [J] >-. p., .w ·rl ·rl ·rl 0 ·rl [J) [J] [J) [J] [J] [J] [J) [J] [J] ~ " 0 " ~ ·rl ·rl ·rl !i1 !i1 0 [J) [J] ·rl 8 l"ii ::r: "" p, I I.J) rl 8 'H 0 o\' ~ ~ p, I I.J) rl ~ 8 H (1j (1j >-. H ;:I ""' '0 0 >-. p., .w ·rl >-. 8 !i1 GJ H ~ " " 0 GJ p., ~ rtl " ·rl ~ ·rl [J] [J] ~ ~ >-. p., .w o\' ~ ~ - ·rl l"ii 'H o\O >-. H ;::J Cl '""' '0 0 H GJ ·rl 0 GJ l"ii u 0 (1j 8 0 'H - ·rl ~ ·rl '0 ~ ·rl [J) GJ [J] [J) [J) ~ ·rl Ul ::;;: ·rl rn 0 ;:I 0 - >-. p., .w ~ 0 l"ii 8 rn 8 [J] ·rl rn 'H 0 ·rl 0 8 - 8 l"ii p'l (.) p, o\O p'l (.) p, [J] [J] ~ [/) ·rl [J) ~ >-. p., .w ~ - H 0 ~ 0 ·rl H 'H [J] ~ l"ii p'l (.) ::r: GJ ·rl 8 !i1 'H o\o '0 (1j - .w (1j GJ r-1 p'l (.) ~ rl '""' '0 o\O ::r: ::;;: >-. "" GJ '-' (1j r-1 >-. 0 mstockstill on DSK4VPTVN1PROD with PROPOSALS Source Category Industrial Wood/Wood Residue Combustion (major sources) Industrial/Commer cial/Institutiona 1 Coal Boilers (major sources) Industrial/Commer cial/Institutiona 1 Coal Boilers (area sources) Industrial/Commer cial/Institutiona 1 Oil Boilers (major sources) Industrial/Commer cial/Institutiona 1 Wood/Wood Residue Boilers (major sources) Chemical Manufacturing: Cyclic Crude and Intermediate Production (major) Chlorinated Solvents Production Coke Ovens: Byproduct Recovery Plants Coke Ovens: Charging, Topside & Door Leaks Coke Ovens: Pushing, Quenching & Battery Stacks Commercial Printing, Gravure (major) VerDate Sep<11>2014 ~ Cl "" ·rl 55.00 0. 7% 0.08 r-1 0.8% 2.05 l. 06 0.6% 1.13 0.7% 0.48 101.00 1.3% 0.3% 1. 3% 0.58 77.80 1. 0% 539.00 6.8% 517.00 6.5% 28.70 55.9 % 0.4% 17:04 Dec 15, 2014 Jkt 235001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4725 E:\FR\FM\16DEP1.SGM 16DEP1 EP16DE14.033</GPH> 74662 74663 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules [J] ~ .Q r-1 [J] " 0 ~ ~ ~ ~ [J] [J] >-. p., .w ·rl ·rl ·rl 0 ·rl [J) [J] [J) [J] [J] [J] [J) [J] [J] ~ " 0 " ~ ·rl ·rl ·rl !i1 !i1 0 [J) [J] ·rl 8 l"ii ::r: "" p, I I.J) rl 8 ~ 8 H (1j (1j >-. H ~ 0 ;:I o\' ~ ""' ~ GJ p., '0 ~ p, rtl I I.J) " rl 0 >-. p., .w ·rl >-. 8 !i1 GJ H 'H " " 0 ·rl ~ ·rl [J] [J] ~ ~ >-. p., .w ~ >-. p., .w ~ - ·rl >-. p., .w ~ [J) [J) '0 ~ [J] ~ 0 [/) 0 o\' ~ rn [J] ~ ·rl ~ ·rl (1j 0 l"ii 0 8 GJ 'H 0 '""' '0 - [J) 8 rn 8 0 ·rl Ul ·rl [J] - 'H 0 rn 'H ·rl ·rl 0 8 - 8 GJ ::;;: ~ ·rl ~ o\O >-. H ;::J u 0 H GJ ·rl Cl 8 l"ii [J) l"ii ;:I 0 ·rl - ·rl H 0 [J] [J] ·rl H 'H ~ l"ii p'l (.) p, o\O l"ii p'l (.) p'l (.) ::r: p, ::;;: GJ !i1 'H o\o '0 (1j - .w (1j GJ r-1 p'l (.) ~ rl '""' '0 o\O ::r: >-. "" GJ '-' (1j r-1 >-. 0 mstockstill on DSK4VPTVN1PROD with PROPOSALS Medical Waste Incineration Mercury Cell Chlor-Alkali Plants (major and area) Municipal Waste Combustion Naphthalene Production (major) Paints and Allied Products (major) Paper Coated and Laminated, VerDate Sep<11>2014 Cl "" r-1 7.80 4.40 107.00 2.7% 1.3% 0.19 4.8% 0.0% 223.00 2.0% 0.1% 0.31 12.3 % 50.0 0 30.6 % 33.7 % 0.04 25.7 % 0.08 51.1 % 6.0% 55.0 0 17.7 % 0.2% 1.32 0.03 0.0% 28.60 3.20 2.8% 3.51 0.6% 9.80 0.0% 0.07 0.01 0.18 0.4% 0.80 0.0% 0.10 0.0% 45.20 0.3% 54.30 0. 68.2 % 0.6% 23.70 17:04 Dec 15, 2014 Jkt 235001 7.30 7% PO 00000 Frm 00010 Fmt 4702 Sfmt 4725 E:\FR\FM\16DEP1.SGM 16DEP1 EP16DE14.034</GPH> Source Category Electric Arc Furnaces (EAF) (area) Secondary Steel Fabricated Metal Products (major) Gasoline Distribution stage l (major) Gold Mine Ore Processing and Production (area) Hazardoc:.s Waste Incineration Industrial Organic Chemicals Manufacturing (major) Industrial Stationary IC Engines - Diesel (major) Industrial Stationary IC Engines - Natural Gas (major) Lightweight Aggregate Kilns ~ ·rl Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules [J] ~ .Q r-1 [J] " 0 ~ ~ ~ [J] ~ [J] >-. p. .w ·rl ·rl ·rl 0 ·rl [J] [J] [J] [J] [J] [J] [J] [J] [J] ~ " 0 " ~ ·rl ·rl ·rl !"i1 !"i1 0 [J] [J] ·rl 8 l"ii ::r:: "" ill I I.J) rl 8 'H 0 o\D ~ ~ p, I I.J) rl ~ 8 H ~ (1j (1j 0 >-. p. .w ·.-l 8 - !"i1 Q) >-. H H ;:J Q) ""' '0 " " 0 p. " c (1j ·rl ~ ·rl [J] [J] [J] Ul Ul ~ ·rl l"ii 0 ·rl l"ii ...:1 'H '0 8 [/) ~ ·rl ·rl Ul Ul ·rl - H ·rl Ul Ul 0 o\" - >-. p. .w ~ ·rl 0 o\O 0 8 ~ 0 8 (j) ::;;: ~ ·rl ~ 0 0 8 l"ii p:j [_) p'l [_) p:j [_) ·rl H C1 8 'H - p, 0 Ul ·rl l"ii H [/) [J] >-. u ~ 0 ;::J ~ o\O p, ::r:: mstockstill on DSK4VPTVN1PROD with PROPOSALS Pesticides Manufacture PeLroleum Refining: All Processes (major) Phthalic Anhydride Production (major) Plastics Material and Resins Manufacturing (major) Portland Cement Manufacture: Hazardoc:s Waste Kilns Portland Cement Manufacture: NonHazardous Waste Kilns Primary Aluminum Production Pulp and Paper Kraft Recovery Furnaces Pulp and Paper Lime Kilns Secondary Aluminum Smelting Secondary Lead Smelting Sewage Sludge Incineration (area) Ship Building and Repair (Surface Coating) Transportation Equipment Manufacturing (SICs Combined) 8 !"i1 '0 'H (1j 0 Q) o\O ·~ '0 - (1j Q) rl ...:1 p'l [_) ~ rl o\' ::r:: (1j >-. '0 ~ '-' (1j Q) r-1 >-. ~ ·rl r-1 ~ C1 0.46 1, 070. 00 18.30 0.2% 8.29 0.1% 12.60 0.2% 0.95 8.9% 2.75 1.7% 47.90 0.6% 0.09 0. 8 96 5.64 r-·--·--· 3.5% 662.00 8.3% 649.00 8.2% 0.00 0.0% 1. 90 1.2% 183.00 2.3% 0.38 3.5% 0.01 0.1% 1. 80 44.1 % 13.5% 1.1% 70.00 0.9% 13.60 0.2% 38.70 0.5% Wood Household VerDate Sep<11>2014 ·rl .w ::;;: Q) [J] [J] Q) 0 Source Category Packaging (major) ~ ~ - l"ii ~ >-. p. .w [J] ·.-l 'H H ;:J 0 ~ >-. p. .w >-. 'H ~ 17:04 Dec 15, 2014 0.1% Jkt 235001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4725 E:\FR\FM\16DEP1.SGM 16DEP1 EP16DE14.035</GPH> 74664 74665 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules [J] ~ .Q r-1 [J] " 0 ~ ~ ~ [J] ~ [J] >-. p., .w ·rl ·rl ·rl 0 ·rl [J) [J] [J) [J] [J] [J] [J) [J] [J] ~ " 0 " ~ ·rl ·rl ·rl !i1 !i1 8 0 [J) [J] 'H ·rl 8 l"ii ::r: "" p, I I.J) rl 0 o\' ~ ~ p, I I.J) rl ~ 8 H ~ (1j (1j 0 >-. p., .w ·rl 8 - !i1 GJ >-. H H ;:J GJ ""' '0 " " 0 p., ~ (1j " :<: ·rl ·rl [J] [J] ·rl ~ 0 ·rl '0 ~ (1j 0 GJ o\o ·rl ·rl Ul Ul ·rl l"ii 0 ·rl l"ii ...:1 'H '0 0 o\O 0 8 >-. l"ii ;::J ~ [J] [J) [J) 0 ~ H u GJ ::;;: ·rl >-. p., .w ~ [/) rn - H ~ ~ - ~ 0 l"ii 8 p'l [_) p, ·rl H Cl [J] [J] >-. p., .w ~ [J] ·rl 0 o\' >-. p., .w ~ - 'H H ;:J 0 ~ ~ ·rl >-. 'H ~ [J) rn 8 8 [J] rn 'H 0 ·rl 0 - 8 o\O l"ii p'l [_) p'l [_) ::r: p, 8 !i1 'H ·~ GJ '0 (1j - .w (1j r-1 H p'l [_) ~ rl o\O ::r: ::;;: GJ ·rl >-. "" GJ '0 GJ '-' (1j r-1 >-. 0 Source Category Furniture Manufacturing (major) Total Emissions and Percentage Contributions From Above ~ Cl "" ·rl r-1 11.10 7' 157. 90.0% 13 10.2 0 95.3 % 147. 42 90.3 % 0.15 94.5 % 1. 04 100. 0% 18. 29 99.7 % VerDate Sep<11>2014 24.80 0.3% 4.18 0.1% 0.72 0.0% 6.37 0.1% 0.02 3.10 0.1% 0.1% 0.5% 15.30 0.3% 0.12 42.60 1. 9% 0.49 7.82 0.0% 0.2% 17:04 Dec 15, 2014 Jkt 235001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4725 E:\FR\FM\16DEP1.SGM 16DEP1 EP16DE14.036</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS Categories Not Needed to Reach 90 Percent Recuirement Abrasive Grain (Media) Manufacturing Adhesives and Sealants (SICs Combined) Agricultural Chemicals (area) Asphalt Hot-mix Production (area) Asphalt Roofing Production (area) Battery Production Blast Furnace and Steel Mills Industrial/Commer cial/Institutiona l Oil Boilers (area sources) Industrial/Commer cial/Institutiona l Wood/Wood Residue Boilers (area sources) Industrial Waste Oil Combustion (major and area sources) Commercial/Instit utional Oil Combustion (area sources) Industrial Oil Combustion (area sources) Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules [J] ~ .Q r-1 [J] " 0 ~ ~ ~ >-. p., .w [J] " [J] " " " 0 ·rl ·rl 0 ·rl [J] [J] [J) [J] [J] [J] [J] c ·rl ·rl ·rl !i1 !i1 'H c >-. rd [J) 0 [J) [J] ·rl 8 l"ii ::r: 8 0 o\' ~ C4 rl lO I l.j) I rl ~ (1j ""' '0 ·rl >-. 8 !i1 OJ 1-i 1-1 ;:I >-. p., .w [J) 8 1-1 ~ "" p., 0 OJ p., ·rl [J] [J] ·rl ~ 0 ~ 'H ·rl 8 l"ii 'H 1-i 0 1-i 0 - ;:I 0 o\' o\O ~ ~ >-. p., .w - [J) [J] G 0 ·rl [J) [J) c ·rl ·rl l"ii 0 [J) [J) ·rl 8 'H 0 ~ ~ >-. p., .w OJ c :8 '0 'H ·rl (1j 0 0 8 OJ ·rl l"ii [J] 'H '""' '0 - [J) .,-j o\O l"ii ~ (.) ~ (.) (.) 1-i c ·rl ·rl H Cl p., [J) [J) 0 ~ OJ '""' '0 rd r-1 ~ ~ (.) ~ rl ::r: '0 >-. o\O ::r: o\o rd OJ - OJ !i1 .w 8 :8 ~ 0 p., 8 c l"ii u ·rl [J] >-. ·rl ~ >-. p., .w ·rl 8 c rd G 0 [J] [J] - :J ~ [/) ~ "" OJ .w rd r-1 >-. mstockstill on DSK4VPTVN1PROD with PROPOSALS 0 Source Category Commercial/Instit uti.onaJ Wood/Wood Residue Combustion (area sources) Industrial lvood/v!ood Residue Combustion (area sources) Commercial/Instit utional Natural Gas Combustion (major sources) Industrial Natural Gas Combustion (major sources) Commercial/Instit utional Natural Gas Combustion Industrial Natural Gas Combustion (area sources) Carbamate Insecticides Production Carbon Black Production Carbon Reactivation Furnaces Chemical Manufacturing: Cyclic Crude and Intermediate Production (area) Chemical Preparations (SICs Combined) Mercury Cell Chlor-Alkali Plants (major and area) ~ Cl "" ·rl 28.60 0.4% 13.80 0.2% 0.01 0.0% 0.01 0.0% 0.02 0.0% 0.01 0.0% 4.08 0.1% 4.33 r-1 0.1% 0.02 0.25 0.00 3.20 0.0% 0.1% 4.52 0.1% Chromium Plating: VerDate Sep<11>2014 0.2% 0.0% 6.79 0.2% 17:04 Dec 15, 2014 0.0% Jkt 235001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4725 E:\FR\FM\16DEP1.SGM 16DEP1 EP16DE14.037</GPH> 74666 74667 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules [J] ~ .Q r-1 [J] " 0 ~ ~ ~ [J] ~ [J] >-. p. .w ·rl ·rl ·rl 0 ·rl [J] [J] [J] [J] [J] [J] [J] [J] [J] ~ " 0 " c ·rl ·rl ·rl !"i1 !"i1 'H c >-. (1j 0 [J] [J] 8 ·rl 0 8 o\D l"ii ::r:: "' ill I I.J) rl ~ ~ p, I I.J) rl ~ 8 H H ;:I ""' " " 0 (1j 0 >-. p. .w ·.-l 8 - !"i1 Q) H Q) p. '0 c (1j c ·rl ~ ·rl [J] [J] - ·rl >-. p. .w ~ [J] Ul Ul c ·rl l"ii 0 ·rl l"ii ...:1 'H '0 ·rl 8 [/) Ul Ul c ·rl ·rl Ul Ul ·rl >-. 'H 0 H - 0 ~ 0 8 ~ [/) 0 ~ (j) c ::;;: ·rl ~ [J] Ul ·rl l"ii p'l () - 8 >-. l"ii o\O p:j () p:j () H u 0 ·rl H 0 p, p, ::r:: 'H 0 o\O Q) - rl p'l () ~ rl >-. '0 "' ::r:: '-' (1j VerDate Sep<11>2014 0.0% 0.0% 0.0% 10.40 0.1% 0.00 0.0% >-. "' 0.00 0.19 r-1 r-1 0 1. 38 Q) ~ ·rl 0.50 (1j Q) o\' 148.00 0.0% 0.0% 5.06 0.5% 1. 9% 0.56 0.5% 0.88 0.4% 0.1% 0.01 30.50 0.1% 3.54 0.00 0.4% 0.80 0.0% 0.0% 0.60 0.13 0.00 0.00 0.0% 0.0% 0.0 2 1. 73 17:04 Dec 15, 2014 Jkt 235001 0.0 0.0% PO 00000 Frm 00014 Fmt 4702 Sfmt 4725 E:\FR\FM\16DEP1.SGM 16DEP1 0.1% 0.1% EP16DE14.038</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS Clay Refractories (area) Cleaning Products (SICs Combined) Commercial Printing, Gravure (area) Commercial Printing, Letterpress and Screen Crematories (area) Custom Compound Purchased Resins Manufacture Dental Preparation and Use Drum and Barrel Reclamation Electronic and Other Electric Equipment Manufacturing (SICs Combined) Fabricated Rubber Products Ferroalloy Manufacture (area) Fiber Cans, Drums, and Similar Products Fluorescent Lamp Recycling Food Products (SICs Combined) Gasoline Distribution (Aviation) Gasoline Distribution - '0 ...:1 (1j 0 Source Category Chromic Anodizing ·~ .w ::;;: Q) 8 !"i1 (1j 0 8 ·rl Q) 'H 0 o\O [J] [J] '0 8 ;:I o\" ~ ~ - l"ii ~ >-. p. .w [J] ·.-l ;:I 0 0 ~ >-. p. .w H 'H ~ Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules [J] ~ .Q r-1 [J] " 0 ~ ~ ~ [J] ~ [J] >-. p., .w ·rl ·rl ·rl 0 ·rl [J) [J] [J) [J] [J] [J] [J) [J] [J] ~ " 0 " ~ ·rl ·rl ·rl !i1 !i1 0 [J) [J] ·rl 8 l"ii ::r: "" p., I l.j) rl 8 'H 0 o\' ~ ~ p., ~ 8 H ~ rd H ;:I ""' (1j rl 0 >-. p., .w ·rl >-. 8 !i1 OJ >-. H OJ p., '0 ~ rd I l.j) " " 0 " ·rl ~ ·rl [J] [J] ~ ~ >-. p., .w [J] ~ 0 ~ >-. p., .w ~ - ·rl >-. p., .w ~ [J) [J) ~ ~ rn ~ ·rl '0 'H ·rl [J] ~ (1j 0 8 OJ 'H 0 ·rl l"ii [J] rn 'H '""' '0 - 8 o\O rd r-1 ~ - ~ (.) ~ rl rn 8 0 ·rl - [J] [J) 'H ·rl 0 8 >-. l"ii o\O l"ii ~ (.) ~ (.) (.) OJ ::;;: ~ ·rl ~ o\O H u 0 ·rl H Cl p., p., .,-j ::r: 0 OJ mstockstill on DSK4VPTVN1PROD with PROPOSALS Geothermal Power Gum and Wood Chemical Industrial Gases Manufacturing Industrial Inorganic Chemicals Manufacturing Industrial Machinery and Electrical Equipment (SICs Combined) Industrial Organic Chemicals Manufacturing (area) Industrial Organic Chemicals Manufacturing (major) Industrial Stationary IC Engines - Diesel (area) Industrial Stationary IC Engines - Natural Gas (area) Industrial Stationary IC Engines - Natural Gas (major) Industrial Turbines - Diesel fired ::r: '""' '0 "" VerDate Sep<11>2014 0.0 0 0.80 0.02 0.0% 0.00 0.0% 0.00 0.0% 0.09 0.1% 0.0% 4.03 0.6% 0.1% 2.77 0.0% 0.8% 1. 00 "" 0.0% 0.2% >-. 0.5% 1. 30 15.70 rd r-1 r-1 3 9.43 OJ .w ~ Cl 0.50 '0 rd OJ ·rl Gasoline Distribution Stage 1 (major) General Laboratory Activities o\o >-. ::;;: OJ !i1 .w 0 Source Category Stage 1 (area) 8 0 8 :J o\' ·rl l"ii [J) l"ii ;:I 0 0 ·rl H 0 [/) [J] [J] - ·rl H 'H ~ 0.1% 1. 51 0.0% 19.00 0.2% 0.02 17:04 Dec 15, 2014 Jkt 235001 0.0% PO 00000 Frm 00015 Fmt 4702 Sfmt 4725 E:\FR\FM\16DEP1.SGM 16DEP1 EP16DE14.039</GPH> 74668 74669 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules [J] ~ .Q r-1 [J] " 0 ~ ~ ~ [J] ~ [J] >-. p. .w ·rl ·rl ·rl 0 ·rl [J) [J] [J] [J] [J] [J] [J] [J] [J] ~ " 0 " c ·rl ·rl ·rl !"i1 !"i1 'H c >-. (1j 0 [J) [J] ·rl 8 l"ii ::r:: "' ill I I.J) rl 8 0 o\D ~ ~ p, I I.J) rl ~ 8 H H ;:I ""' '0 " " 0 (1j 0 Q) p. c (1j c ·rl ~ ~ - ·rl >-. p. .w [J] c ·rl ·rl l"ii 0 ·rl l"ii ...:1 [J) [J) 'H [J) [J) 'H '0 8 - ·rl ·.-l [J) Ul Ul c ·rl >-. 'H 0 0 ;:I 0 H 8 - - !"i1 'H 0 l"ii o\O >-. p. .w ~ 0 8 [/) 0 Ul [J) 8 ~ (j) c ::;;: ·rl ~ ·rl 0 ·rl 0 8 l"ii p'l () - 8 >-. l"ii ;:I o\" p:j () p:j () H u 0 ·rl H 0 ~ ~ ~ [J] H ·.-l ~ ~ ~ >-. p. .w >-. p. .w Q) H ·rl [J] [J] p, o\O ::r:: p, ::;;: Q) [J] [J] ·rl 8 !"i1 '0 'H (1j 0 Q) o\O Q) ·~ '0 (1j - .w Q) rl ...:1 p'l () ~ rl o\' ::r:: (1j >-. '0 "' '-' (1j Q) r-1 >-. 0 Lamp Breakage Landfill (Gas) Flares Lime Manufacturing Lubricating Oils and Grease Metal Household Furniture Miscellaneous Manufacturing Miscellaneous Plastics Products Naphthalene Miscellaneous Uses Naphthalene Production (area) Naphthalene Sulfonates Production Nonmetallic Mineral Products OffJ.ce FurniLu:r:e, Except Wood Manufacturing Other Biological Incineration Other Miscellaneous (SICs Combined) Other Secondary Nonferrous Metals Recovery VerDate Sep<11>2014 ~ 0 "' ·rl 13.80 r-1 0.2% 0.9% 0.70 0.45 0.3% 1. 50 0.4% 0.01 0.02 0.0% 0.50 0.0% 0.0% 0.01 0.19 0.00 0.0% 0.2% 0.0% 0.06 0.0% 0.00 0.0% 6.58 0.1% 5.76 0.1% 1. 25 0.0% 19.40 0.2% 6.53 0.1% 0.00 0.0% 6.45 0.1% 0.32 1.45 17:04 Dec 15, 2014 0.00 3.0% PO 00000 Frm 00016 0.2% 0.25 Jkt 235001 0.25 0.0% 1.6% 0.2% Fmt 4702 Sfmt 4725 E:\FR\FM\16DEP1.SGM 16DEP1 EP16DE14.040</GPH> mstockstill on DSK4VPTVN1PROD with PROPOSALS Source Category Industrial Turbines : Natural Gas fired Inorganic Pigments Manufacturing Instrument Manufacturing Iron and Steel Foundries Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules [J] ~ .Q r-1 [J] " 0 ~ ~ ~ [J] ~ [J] >-. p., .w ·rl ·rl ·rl 0 ·rl [J) [J] [J) [J] [J] [J] [J) [J] [J] ~ " 0 " ~ ·rl ·rl ·rl !i1 !i1 0 [J) [J] ·rl 8 l"ii ::r: "" p, I I.J) rl 8 'H 0 o\' ~ ~ p, I I.J) rl ~ 8 H ~ (1j (1j 0 >-. p., .w ·rl 8 - !i1 GJ >-. H H ;:J GJ ""' '0 " " 0 p., ~ (1j " :<: ·rl ·rl [J] [J] ·rl ~ 0 ·rl '0 ~ (1j 0 GJ o\o ·rl ·rl Ul Ul ·rl l"ii 0 ·rl l"ii ...:1 'H '0 0 o\O 0 8 >-. l"ii ;::J ~ [J] [J) [J) 0 ~ H u GJ ::;;: ·rl >-. p., .w ~ [/) rn - H ~ ~ - ~ 0 l"ii 8 p'l [_) p, ·rl H Cl [J] [J] >-. p., .w ~ [J] ·rl 0 o\' >-. p., .w ~ - 'H H ;:J 0 ~ ~ ·rl >-. 'H ~ [J) rn 8 8 [J] rn 'H 0 ·rl 0 - 8 o\O l"ii p'l [_) p'l [_) ::r: p, ::;;: GJ ·rl 8 !i1 'H ·~ GJ '0 (1j - .w (1j r-1 H p'l [_) ~ rl o\O ::r: >-. "" GJ '0 GJ '-' (1j r-1 >-. mstockstill on DSK4VPTVN1PROD with PROPOSALS 0 Source Category Other Structural Clay Products Paints and Allied Products (major) Partitions and Fixtures Petroleum Ref]ning: All Processes (area) Petroleum Refining: All Processes (major) Pharmaceutical Preparations and Manufacturing (SICs Combined) Phthalic Anhydride Production (area) Plastic Foam Products Manufacturing Plastics Material and Resins Manufacturing (area) Porcelain Electrical Supplies Primary Copper Production Primary Lead Smelting Primary Metal Products Manufacturing (SICs Combined) Public Building and Related Furniture Pulp and Paper Sulfite Recovery Furnaces Scrap or Waste Tire Incineration VerDate Sep<11>2014 ~ Cl "" ·rl 0.56 r-1 0.0% 0.0% 0.04 0.0% 0.00 0.0% 0.74 0.5% 1. 30 0.8% 0.1% 26.87 0.1% 0.01 4.35 0.11 0.3% 0. 77 0.0% 7.86 0.1% 109.56 1.4% 0.26 0.0% 2.08 0.0% 26.90 0.3% 11.60 0.1% 6.17 0.1% 0.01 0.0% 17:04 Dec 15, 2014 Jkt 235001 PO 00000 0.00 Frm 00017 0.0% Fmt 4702 0.01 Sfmt 4725 3.3% E:\FR\FM\16DEP1.SGM 16DEP1 EP16DE14.041</GPH> 74670 BILLING CODE 6560–50–C mstockstill on DSK4VPTVN1PROD with PROPOSALS C. What changes have been made to the 1990 baseline inventory since the 1998 Notice? The EPA made a number of updates to the section 112(c)(6) 1990 baseline inventory and source category list as a result of new information and further evaluation of the source categories during standard development. The EPA had explained some of those actions in prior notices, which the EPA has identified in section III.A above. With respect to updates that were not VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 provided in prior notices, they are presented below. 1. Gasoline Distribution (Aviation) In the 1998 Notice, the EPA identified the Gasoline Distribution (Aviation) source category as necessary for achieving the 90 percent requirement for alkylated lead. Aircraft use two general types of fuel: Aviation gasoline (avgas) and jet fuel. Avgas, which is used for powering piston engine aircraft, is the source of alkylated lead emissions in the Gasoline Distribution (Aviation) source category. Alkylated lead is added PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 74671 to avgas to reduce engine knock and help lubricate internal engine components. Research is underway to find alternatives to lead for use in avgas. While characterizing evaporative emissions of alkylated lead compounds from aviation gasoline, we became aware of another stationary source of other alkylated lead compounds emissions in 1990. Specifically, we identified a U.S. facility that was manufacturing alkylated lead compounds in 1990. Through discussions with industry representatives and technical evaluation E:\FR\FM\16DEP1.SGM 16DEP1 EP16DE14.042</GPH> Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 74672 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS of the information supplied, we were able to quantify an estimate of the alkylated lead emissions for the Alkylated Lead Production source category for the year 1990 and are adding this estimate to the section 112(c)(6) baseline inventory. Based on information provided in the Toxics Release Inventory (TRI), we identified reported annual emissions of total lead compounds from this single alkylated lead production facility of 22 tons in 1990. The TRI did not provide the amount of alkylated lead in the total. Further analysis of the emission inventory submitted to the state resulted in an estimate of actual alkylated lead emissions from this facility of approximately 18 tons in 1990. As shown in Table 1, the Alkylated Lead Production source category (which as explained above consists solely of this one facility) contributed 99.7 percent of the alkylated lead compounds emissions in the updated 1990 baseline inventory.9 Alkylated lead compounds production is regulated by the Hazardous Organic NESHAP 10 (HON).11 The EPA has therefore, through the HON, met the 90 percent requirement under section 112(c)(6) for alkylated lead. In light of the above, we conclude that we do not need Gasoline Distribution (Aviation) to meet the 90 percent requirement for alkylated lead under section 112(c)(6). The 1990 baseline alkylated lead emissions from gasoline distribution source categories have also been updated since the 1998 Notice. A review of the 1990 alkylated lead emissions from the distribution of leaded gasoline revealed that the inventory data were based on inaccurate estimates of equipment component counts and leak emission factors.12 Analysis showed 9 In addition to adding the baseline emissions for the Alkylated Lead Production source category, the other updates to the section 112(c)(6) baseline inventory for alkylated lead include addition of the Upstream Gasoline Distribution (Aviation) (see section III.C.3) and revised baseline emission estimates for Gasoline Distribution (Stage I) (see sections III.A and III.C.2) and Gasoline Distribution (Aviation) discussed in this section. 10 Also known as National Emission Standards for Hazardous Air Pollutants for Source Categories: Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Industry and Other Processes Subject to the Negotiated Regulation for Equipment Leaks. 59 FR 19402. 11 We further note that U.S. production of alkylated lead compounds ended in 1993. 12 In the section 112(c)(6) inventory published in 1998, the baseline alkylated lead emissions estimate for the Gasoline Distribution (Aviation) source category was based on emission factors from a 1994 proposed major source standard for Gasoline Distribution (Stage I) (Background Information Document (BID) Volume I, Proposed National Emission Standards for Hazardous Air Pollutants for Gasoline Distribution (Stage I), EPA–453/R–94– VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 that when the corrected equipment leak data are used, the total estimated 1990 alkylated lead emissions from leaded gasoline distribution would be less than one half of the estimate in the 1990 inventory published in the 1998 Notice. See 71 FR 66067. We have therefore revised the alkylated lead baseline emission estimates for all gasoline distribution source categories, including Gasoline Distribution (Aviation), accordingly. 2. Gasoline Distribution Stage I (Area Sources) Alkylated lead emissions from this source category have been updated since the 1998 Notice in a manner consistent with Gasoline Distribution (Aviation), discussed in the previous section. A review of the 1990 alkylated lead emissions from the distribution of leaded gasoline revealed that the inventory data were based on inaccurate estimates of equipment component counts and leak emission factors.13 Analysis showed that when the corrected equipment leak data are used, the total estimated 1990 alkylated lead emissions from leaded gasoline distribution would be less than one half of the estimate in the 1990 inventory published in the 1998 Notice. We have revised the alkylated lead baseline emission estimates for all gasoline distribution source categories, including Gasoline Distribution Stage I (Area Source), accordingly. 3. Upstream Gasoline Distribution (Aviation) Upstream Gasoline Distribution (Aviation) is being added to the section 112(c)(6) inventory for emissions of alkylated lead. At the time we issued the 1998 Notice, we believed that avgas was transported directly from refineries to the airport terminals. Thus, we did not estimate alkylated lead emissions from the distribution of avgas ‘‘upstream’’ of the airport facilities in the section 112(c)(6) emission inventory published in 1998. However, we have since learned that avgas is distributed through bulk terminals located at refineries, as well as through some stand-alone bulk terminals, prior to being delivered to airport facilities. We 002a). Based on analysis of public comments on that proposed rule, EPA applied updated equipment leak emission factors for the promulgated major source standard for Gasoline Distribution (Stage I) (BID Volume II, Promulgated National Emission Standards for Hazardous Air Pollutants for Gasoline Distribution (Stage I), EPA– 453/R–94–002b). The updated emission factors were also applied in the promulgation of area source standards for Gasoline Distribution (Stage I) (Area Source). 13 See footnote 4. PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 have therefore updated the 112(c)(6) baseline inventory for alkylated lead to include estimated 1990-base year alkylated lead emissions from the distribution of avgas ‘‘upstream’’ of the airport facilities. The alkylated lead emissions for this category are presented in Table 1. 4. Use of 16–PAH Inventory for Polycyclic Organic Matter In the Clean Air Act, POM is defined as ‘‘organic compounds with more than one benzene ring and which have a boiling point greater than or equal to 100 °C’’. As shown in the 1998 Notice, we created three inventories (7–PAH,14 16–PAH,15 and extractable organic matter (EOM) 16) to represent baseline POM emissions. Of the three POM baseline inventories, the 16–PAH inventory is the most robust, with data on 16–PAH emissions for 94 categories. In contrast, we have very limited data on EOM, with data on EOM emissions for only 18 source categories.17 The lack of available data on EOM emissions creates a distorted picture of the relative contributions of source categories for which there are available EOM data. The lack of source categories making up the total EOM inventory makes the relative contribution of the few categories that do have data unrealistically inflated. We therefore cannot say with confidence that, by using the baseline inventory for EOM, we are capturing 90 percent of the baseline POM emissions, as required by section 112(c)(6). Similarly, we have data on 7–PAH for 32 categories, considerably fewer than the 94 categories for which we have 16–PAH data. Therefore, the 16–PAH inventory allows for the most accurate representation of the universe of categories that emit POM. Because the use of all three baseline inventories is neither required nor necessary, and in light of the concern described above with the EOM and 7–PAH inventories, 14 Composed of benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, chrysene, dibenz(a,h)anthracene, and indeno(1,2,3-cd)pyrene. 15 Composed of benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, chrysene, dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene, acenaphthene, acenaphthylene, anthracene, benzo(ghi)perylene, fluoranthene, fluorene, naphthalene, phenanthrene, and pyrene. 16 Any methylene chloride extractable organic matter, measured gravimetrically. 17 When justifying its use in the 1998 inventory background document, we said that the EPA would undertake an effort to develop a robust inventory for EOM sources to feed into the CAA section 112(c)(6) inventory. Had more data been gathered, perhaps EOM would have proved to be a more useful indicator of POM. However, the anticipated inventory was not developed. E:\FR\FM\16DEP1.SGM 16DEP1 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules we decided to use only the 16–PAH baseline inventory for determining the 90 percent threshold for POM under section 112(c)(6). 5. Updates to the 1990 Baseline Emission Inventory for Mercury mstockstill on DSK4VPTVN1PROD with PROPOSALS As mentioned above, the EPA added 1990 mercury emission estimates for EAF and Gold Mine Ore Production and Processing area source categories into the section 112(c)(6) total baseline inventory for mercury. In addition, the EPA discovered that the 112(c)(6) inventory for mercury published in the 1998 Federal Register notice included inaccurate estimates for a number of source categories and updated these estimates. These updates are discussed below. a. Industrial/Commercial Boilers. The estimate of mercury emissions from Industrial/Commercial Boilers that was presented in the 1998 Federal Register notice for section 112(c)(6) was 28.9 tons of mercury for year 1990. There were a number of technical problems with this estimate, especially for coalfired boilers. One significant issue is that the activity level (2,820 trillion British thermal units (BTUs)) used in the calculations in the section 112(c)(6) inventory background document was incorrect. This activity level represented all coal use in industry, including boilers and other uses (e.g., coke ovens). The activity level used should have been for boilers only. A more accurate activity level for 1990 would be about 1,633 trillion BTUs.18 Additionally, we also believe that the emissions factors used to calculate the original estimate from coal-fired boilers were inaccurate. The emission factors were based on an assumption of zero control and did not account for coal washing. At that time, the EPA stated ‘‘because mercury reductions from coal washing and any other reductions that may occur across existing control devices are not accounted for, the emissions may be overestimated.’’ 19 Applying emission factors used in the development of the major and area source Boiler NESHAP 20 to the revised 18 Estimate based on 1990 historical statistics from the Department of Energy’s Energy Information Administration Web site of coal use in industrial/commercial sectors (not including coke plants). 19 Mercury Study Report to Congress. December 1997. Available at http://www.epa.gov/hg/ report.htm. 20 The revised emission factor for major source boilers for this inventory was generated using a weighted average of the six emission factors for various types of control used in the February 21, 2011, Boiler NESHAP. The revised emission factor for area sources was the uncontrolled group in the Boiler NESHAP because these sources were largely VerDate Sep<11>2014 17:37 Dec 15, 2014 Jkt 235001 activity level for coal-fired boilers yields estimates of roughly 2 tons and 1 ton of mercury emissions for major and area sources, respectively. Emissions factors for oil-fired boilers (6.8 lb/trillion BTUs and 7.2 lb/trillion BTUs) were also too high. Converting these emission factors into mercury concentrations in oil results in an estimate of about 100 parts per billion (ppb) mercury concentrations in oil. However, based on data gathered and analyzed for the 1998 EPA Utility Air Toxics Report to Congress, the average mercury concentration in oil is about 10 ppb. Moreover, the emissions factor for residual oil-fired boilers (of 0.4 lbs per trillion BTUs) provided in the 1997 EPA Locating and Estimating document 21 is about 10 times lower than the emission factors used for the original section 112(c)(6) estimates for oil-fired boilers. The information discussed above suggests that the emissions estimates for mercury provided in the 1998 Notice for oil-fired boilers were overestimated by an order of magnitude. A more accurate estimate of total mercury emissions from oil-fired boilers (major and area sources) is about 0.6 tons for 1990, as reflected in Table 1. b. Aerospace Industries (Surface Coating). Aerospace Industries (Surface Coating) had an estimate of 4 tons of mercury emissions in the 112(c)(6) inventory published in the 1998 Notice. Another inventory developed for year 1990 for other regulatory purposes (the 112(k) 1990 inventory) had a much lower estimate for this category (0.0026 tpy). Because of the large discrepancy, we reviewed the 112(c)(6) inventory data for this category, including reviewing the original emissions factor and calculations. We also consulted with an industry representative. The estimate in the 1998 Notice was based on an extremely conservative assumption. According to a 1997 docket memo,22 the emissions estimate was derived from reviewing Material Safety Data Sheets (MSDS) from five of the major coating suppliers. One of these MSDS showed trace amounts of mercury in only two products (0.00002 percent by weight), which was rounded uncontrolled with respect to mercury emissions in 1990. 21 US EPA (1997): Locating and Estimating Air Emissions From Sources of Mercury and Mercury Compounds. Report EPA–454/R–97–012, (NTIS PB98–117054), Office of Air Quality Planning and Standards, Research Triangle Park, NC. Available at: http://www.epa.gov/ttn/chief/le/index.html. 22 Memo from Dave Reeves, Midwest Research Institute to Barbara Driscoll, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards regarding HAP emission estimates for aerospace surface coating. November 17, 1997. PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 74673 up five orders of magnitude to 1 percent in the inventory analysis. In light of the above, we concluded that this original estimate of mercury emissions (or 4 tons) from Aerospace Industries was substantially overestimated. Therefore, we searched and gathered information to calculate a more reasonable estimate. We obtained information on sales of aerospace coatings and mercuric mildewcides in 1990. Using these data, potential mercury emissions for 1990 were calculated, as described in the following paragraphs. In 1990, aerospace coatings accounted for 0.1 percent of the volume of coatings produced. In 1990, approximately 400,000 pounds of mercuric mildewcide/fungicide (as mercury) were sold into the entire coatings market (this amount substantially decreased after 1990 to nearly zero). Assuming these products were used throughout the industry, we calculate that 400 lbs (i.e., 0.1% * 400,000 pounds = 400 lbs) of mercuric mildewcides/fungicides were used in aerospace coatings in 1990. Thus, the maximum emissions would have been 400 lbs of mercury assuming 100 percent of mercury in coatings were released. However, mildewcides/ fungicides are intended to retard the growth of fungi on applied surfaces over time. They are intended to remain to a large extent in the coating substrate. We believe that at least 50 percent of the mildewcide/fungicide remains in the substrate. Therefore, mercury releases from aerospace coatings are estimated to be up to 200 lbs in 1990. Given this information and calculations, we estimate that this source category emitted about 0.1 tons of mercury in 1990. c. Industrial Turbines and Internal Combustion Engines. In the 1998 Notice, the mercury emissions from industrial turbines and internal combustion engines fired by natural gas were 1.6 tons and 4.7 tons, respectively. The emissions factors used in those original estimates for these two source categories were 6.63 × 10¥6 lb/MMBTU and 1.14 × 10¥5 lb/MMBTU, respectively. However, available data 23 indicate that the level of mercury in natural gas is very low and, therefore, mercury emissions from this category are very low. Based on this information, we updated the 1990 mercury emissions for this category. As shown in Table 1, the revised mercury emissions estimates 23 Mercury Study Report to Congress. December 1997. Available at http://www.epa.gov/hg/ report.htm. Locating and Estimating Air Emissions from Sources of Mercury and Mercury Compounds. December 1997. Available at http://www.epa.gov/ ttnchie1/le/. E:\FR\FM\16DEP1.SGM 16DEP1 74674 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules from these two source categories are 0.001 and 0.009 tons, respectively. d. Human Crematories. The mercury emissions from human crematories in the 1998 baseline 112(c)(6) inventory (0.000377 tons per year) were revised based on data used to calculate mercury emissions in the 112(k) area source inventory, which was developed subsequent to the 1998 Notice. This emission factor led to a revised estimate of 0.6 tons of mercury in 1990 emitted from human crematories. e. Blast Furnaces and Steel Mills. Mercury emissions from blast furnaces and steel mills were reported as 0.25 tons in the 1998 baseline 112(c)(6) inventory. Further review of this estimate led to revision of the mercury estimate from blast furnaces and steel mills as well as electric arc furnace steelmaking (as discussed in section III.C above). Based on a revised emission factor 24 from scrap steel, the revised estimated mercury emissions are 3.1 tons for blast furnaces and steel mills. f. Portland Cement. We believe the estimate for mercury emissions from Portland Cement Manufacturing nonhazardous waste kilns (4.13 tons) in the 1998 Notice was slightly underestimated. We used the mercury emissions and installed clinker capacity from 2006 25 to generate a ratio of mercury emissions per ton of clinker and applied this ratio to the 1990 clinker capacity. The mercury emissions in 1990 were revised upward to 5.64 tons for this category. D. What are the emissions standards that the EPA has promulgated to meet the 90 percent requirement under section 112(c)(6)? The EPA has promulgated emissions standards sufficient to satisfy the 112(c)(6) requirement that sources accounting for not less than 90 percent of the aggregate emissions of seven specific HAP are subject to standards under 112(d)(2) or 112(d)(4). Table 2 provides a list of the emissions standards, including the name of each of the source categories, name of the emissions standards that apply, and the rule citation for each (i.e., CFR Part and Subpart). Table 2 provides crossreferences for the 112(c)(6) category names with the associated emission standards (which may reference a source category by a name different from that used in the section 112(c)(6) baseline inventory and source category listing). Table 3 provides a list of the specific regulations (including CFR citations, Part and Subpart) that address 90 percent or more of each of the 112(c)(6) HAPs. TABLE 2—CATEGORIES OF SOURCES WHOSE EMISSIONS OF 112(c)(6) HAPS ARE SUBJECT TO 112(d)(2), 112(d)(4), OR 129 STANDARDS 26 Section 112(c)(6) category name Emission standard name(s) Aerospace Industry (Surface Coating) .............. National Emission Standards for Hazardous Air Pollutants for the Aerospace Industries. National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry. National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater. National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks. National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks. National Emission Standards for Hazardous Air Pollutants for the Asphalt Roofing Manufacturing. National Emission Standards for Hazardous Air Pollutants for the Integrated Iron and Steel Manufacture. National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry. National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater. National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks. National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks. National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry. Alkylated Lead Production ................................. Asphalt Roofing Production ............................... Blast Furnace and Steel Mills ............................ Chemical Manufacturing: Cyclic Crude and Intermediate Production. mstockstill on DSK4VPTVN1PROD with PROPOSALS Chlorinated Solvents Production ....................... 24 Analysis of Mercury Data for Electric Arc Furnace Steelmaking. Prepared for U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Program Division, Metals and Minerals Group. July 18, 2007. Docket Item 0070 in EPA Docket Number OAR–2004–0083. VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 25 Estimate of 2006 installed clinker capacity: 94,690,000 metric tons clinker per year. Estimate of 2006 mercury emissions from major and area sources: 7.27 tons. Estimate of 1990 installed clinker capacity: 73,518,000 metric tons clinker per year. PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 CFR part and subpart 40 CFR part 63 subpart GG. 40 CFR part 63 subpart F. 40 CFR part 63 subpart G. 40 CFR part 63 subpart H. 40 CFR part 63 subpart I. 40 CFR part 63 subpart LLLLL. 40 CFR part 63 subpart FFFFF. 40 CFR part 63 subpart F. 40 CFR part 63 subpart G. 40 CFR part 63 subpart H. 40 CFR part 63 subpart I. 40 CFR part 63 subpart F. 26 Because many of these standards were developed to meet the EPA’s obligation under CAA section 112(d)(1), the EPA had not focused on what was needed to meet its section 112(c)(6) obligation at the time of these rulemakings. Therefore, the EPA did not reference section 112(c)(6) in the preambles to some rules. E:\FR\FM\16DEP1.SGM 16DEP1 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 74675 TABLE 2—CATEGORIES OF SOURCES WHOSE EMISSIONS OF 112(c)(6) HAPS ARE SUBJECT TO 112(d)(2), 112(d)(4), OR 129 STANDARDS 26—Continued Section 112(c)(6) category name Emission standard name(s) Coke Ovens: By-Product Recovery Plants ........ Coke Ovens: Charging, Topside & Door Leaks Coke Ovens: Pushing, Quenching & Battery Stacks. Commercial Printing: Gravure ........................... Electric Arc Furnaces (EAF)—Secondary Steel Fabricated Metal Products ................................. Gasoline Distribution (Stage 1) .......................... Gold Mines ......................................................... Hazardous Waste Incineration ........................... Industrial Organic Chemicals Manufacturing ..... Industrial Stationary IC Engines—Diesel ........... Industrial Stationary IC Engines—Natural Gas Industrial/Commercial/Institutional Boilers ......... Lightweight Aggregate Kilns .............................. mstockstill on DSK4VPTVN1PROD with PROPOSALS Medical Waste Incineration ................................ Mercury Cell Chlor Alkali Production ................. Municipal Waste Combustion ............................ VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 CFR part and subpart National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater. National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks. National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks. National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants. National Emission Standards for Hazardous Air Pollutants for Source Categories and for Coke Oven Batteries. National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks. National Emission Standards for Hazardous Air Pollutants for Source Categories and for Coke Oven Batteries. National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks. National Emission Standards for Hazardous Air Pollutants: Printing and Publishing Industry. National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities. National Emission Standards for Hazardous Air Pollutants: Surface Coating of Miscellaneous Metal Parts and Products. National Emission Standards for Hazardous Air Pollutants for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations). National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and Production Area Source Category. National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors. National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry. National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater. National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks. National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks. National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines. National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines. National Emission Standards for Hazardous Air Pollutants for Industrial/Commercial/Institutional Boilers and Process Heaters. National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers. National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors. Standards of Performance and Emissions Guidelines for Hospitals/Medical/Infectious Waste Incinerators. National Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell Chlor Alkali Plants. Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Large Municipal Waste Combustion Units. Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Stationary Sources: Small Municipal Waste Combustion Units. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM 16DEP1 40 CFR part 63 subpart G. 40 CFR part 63 subpart H. 40 CFR part 63 subpart I. 40 CFR part 61 subpart L. 40 CFR part 63 subpart L. 40 CFR part 63 subpart CCCCC. 40 CFR part 63 subpart L. 40 CFR part 63 subpart CCCCC. 40 CFR part 63 subpart KK. 40 CFR part 63 subpart YYYYY. 40 CFR part 63 subpart MMMM. 40 CFR part 63 subpart R. 40 CFR part 63 subpart EEEEEEE. 40 CFR part 63 subpart EEE. 40 CFR part 63 subpart F. 40 CFR part 63 subpart G. 40 CFR part 63 subpart H. 40 CFR part 63 subpart I. 40 CFR part 63 subpart ZZZZ. 40 CFR part 63 subpart ZZZZ. 40 CFR part 63 subpart DDDDD. 40 CFR part 63 subpart JJJJJJ. 40 CFR part 63 subpart EEE. 40 CFR part 60 subpart Ce, Ec; & 40 CFR part 62 subpart HHH. 40 CFR part 63 subpart IIIII. 40 CFR part 60 subpart Cb, Ea, Eb; & 40 CFR part 62 subpart FFF. 40 CFR part 60 subpart AAAA, BBBB & 40 CFR part 62 subpart JJJ. 74676 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules TABLE 2—CATEGORIES OF SOURCES WHOSE EMISSIONS OF 112(c)(6) HAPS ARE SUBJECT TO 112(d)(2), 112(d)(4), OR 129 STANDARDS 26—Continued Section 112(c)(6) category name Emission standard name(s) Naphthalene Production .................................... National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry. National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater. National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks. National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks. National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing. National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating. National Emission Standards for Hazardous Air Pollutants: Pesticide Active Ingredient Production. National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry. National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater. National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks. National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries. National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units. National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry. National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater. National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks. National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks. National Emission Standards for Hazardous Air Pollutants for Group IV Polymers and Resins. National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors. National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry. National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants. National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills. National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills. National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production. National Emission Standards for Hazardous Air Pollutants for Secondary Lead Smelting. Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Sewage Sludge Incineration Units. National Emission Standards for Hazardous Air Pollutants for Shipbuilding and Ship Repair (Surface Coating). National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light Duty Trucks (Surface Coating of Plastic Parts and Products). Paints and Allied Products (Major) .................... Paper Coated and Laminated, Packaging ......... Pesticides Manufacture & Agricultural Chemicals. Petroleum Refining: All Processes .................... Phthalic Anhydride Production ........................... Plastics Material and Resins Manufacturing ..... Portland Cement Manufacture: Hazardous Waste Kilns. Portland Cement Manufacture: Non-Hazardous Waste Kilns. Primary Aluminum Production ........................... Pulp and Paper—Kraft Recovery Furnaces ...... Pulp and Paper—Lime Kilns .............................. mstockstill on DSK4VPTVN1PROD with PROPOSALS Secondary Aluminum Smelting .......................... Secondary Lead Smelting .................................. Sewage Sludge Incineration .............................. Ship Building and Repair (Surface Coating) ..... Transportation Equipment Manufacturing (SICs Combined). VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\16DEP1.SGM CFR part and subpart 16DEP1 40 CFR part 63 subpart F. 40 CFR part 63 subpart G. 40 CFR part 63 subpart H. 40 CFR part 63 subpart I. 40 CFR part 63 subpart FFFF. 40 CFR part 63 subpart JJJJ. 40 CFR part 63 subpart HHH. 40 CFR part 63 subpart F. 40 CFR part 63 subpart G. 40 CFR part 63 subpart H. 40 CFR part 63 subpart CC. 40 CFR part 63 subpart UUU. 40 CFR part 63 subpart F. 40 CFR part 63 subpart G. 40 CFR part 63 subpart H. 40 CFR part 63 subpart I. 40 CFR part 63 subpart JJJ. 40 CFR part 63 subpart EEE. 40 CFR part 63 subpart LLL. 40 CFR part 63 subpart LL. 40 CFR part 63 subpart MM. 40 CFR part 63 subpart MM. 40 CFR part 63 subpart RRR. 40 CFR part 63 subpart X. 40 CFR part 60 subparts LLLL, MMMM. 40 CFR part 63 subpart II. 40 CFR part 63 subpart PPPP. Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 74677 TABLE 2—CATEGORIES OF SOURCES WHOSE EMISSIONS OF 112(c)(6) HAPS ARE SUBJECT TO 112(d)(2), 112(d)(4), OR 129 STANDARDS 26—Continued Section 112(c)(6) category name Emission standard name(s) CFR part and subpart Wood Household Furniture Manufacturing ........ National Emission Standards for Hazardous Air Pollutants from Wood Furniture Manufacturing Operations. 40 CFR part 63 subpart JJ. TABLE 3—FEDERAL REGULATIONS 27 ENSURING THAT SOURCES ACCOUNTING FOR AT LEAST 90 PERCENT OF THE AGGREGATE EMISSIONS OF EACH 112(c)(6) POLLUTANT ARE SUBJECT TO 112(d)(2) OR 112(d)(4) STANDARDS Percent of aggregate emissions subject to regulation 112(c)(6) pollutant Alkylated Lead Compounds ....................................................... Polycyclic Organic Matter (Using 16–PAH Inventory) ............... 99.7 90.0 Hexachlorobenzene ................................................................... Mercury Compounds .................................................................. 100 90.3 Polychlorinated Biphenyls .......................................................... 94.5 2,3,7,8-Tetrachlorodibenzofurans (furan) achlorodibenzo-p-dioxin (dioxin). 95.3 and mstockstill on DSK4VPTVN1PROD with PROPOSALS IV. Surrogate Pollutants Used by the EPA To Ensure That the Section 112(c)(6) Requirements are Fulfilled The EPA has promulgated regulations, ‘‘assuring that sources accounting for not less than 90 per centum of the aggregate emissions of each such pollutant are subject to standards under subsection (d)(2) or (d)(4).’’ 42 U.S.C. 7412(c)(6). The EPA set the required standards under two approaches. In the course of promulgating MACT standards, the EPA has often established emission standards that directly regulated section 112(c)(6) HAP and explained that these standards contribute to fulfilling the agency’s obligations under section 112(c)(6). For example, the NESHAPs for Gold Mine Ore Processing and Production (76 FR 9450), Portland Cement Manufacturing Industry (75 FR 54970), Municipal Waste Combustion Units (70 FR 75348), Hospitals/Medical/Infectious Waste Incinerators (74 FR 51368), Hazardous Waste Combustors (70 FR 59402), Sewage Sludge Incineration Units (76 FR 15372), and several other source categories, include emissions limits that specifically address mercury emissions. 27 An expanded version of this table, including Federal Register citations, is available in the docket for this action. VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 2,3,7,8-Tetr Code of Federal Regulations part and subparts that include 112(d)(2), 112 (d)(4), or 129 standards 40 CFR part 63 subparts F, G, H, I. 40 CFR part 63 subparts F, G, H, I, L, R, X, CC, GG, II, JJ, KK, LL, MM, EEE, JJJ, LLL, MMM, UUU, FFFF, JJJJ, MMMM, PPPP, ZZZZ, CCCCC, DDDDD, FFFFF, LLLLL, JJJJJJ; 40 CFR part 60 subpart Cb, Ce, Ea, Eb, AAAA, BBBB; 40 CFR part 62 subpart FFF, HHH, JJJ. 40 CFR part 63 subparts F, G, H, I, HHH. 40 CFR part 63 subparts GG, LL, MM, EEE, LLL, DDDDD, IIIII, YYYYY, JJJJJJ, EEEEEEE; 40 CFR part 60 subpart Cb, Ce, Ea, Eb, AAAA, BBBB, LLLL, MMMM; 40 CFR part 62 subpart FFF, HHH, JJJ. 40 CFR part 63 subparts EEE; 40 CFR part 60 subpart Cb, Ce, Ea, Eb, AAAA, BBBB; 40 CFR part 62 subpart FFF, HHH, JJJ. 40 CFR part 63 subparts X, LL, EEE, LLL, MMM, DDDDD, JJJJJJ; 40 CFR part 60 subpart Cb, Ce, Ea, Eb, AAAA, BBBB; 40 CFR part 62 subpart FFF, HHH, JJJ. Likewise, the EPA has promulgated many regulations that specifically address dioxins and furans to achieve the 90 percent requirement (such as NESHAPs for Municipal Waste Combustion Units (70 FR 75348), Hospitals/Medical/Infectious Waste Incinerators (74 FR 51368), Hazardous Waste Combustors (70 FR 59402), and Secondary Aluminum Production (64 FR 6946)). The public was provided an opportunity to comment on the above mentioned agency statements regarding its section 112(c)(6) obligations, and comments on those statements were addressed in those rulemakings. In some regulations, the EPA subjected section 112(c)(6) HAP to MACT level of control by setting emission limits for another HAP or compound,28 which serves as a surrogate for the targeted section 112(c)(6) HAP. It is well established that ‘‘EPA may use a surrogate [substance] to regulate hazardous pollutants if it is ‘reasonable’ to do so’’ Nat’l Lime Ass’n v. EPA, 233 F.3d 625, 637 (D.C. Cir. 2000) (upholding EPA decision to regulate particulate matter (‘‘PM’’) emissions as a surrogate for regulation of HAP metal emissions from cement kilns, based on evidence that ‘‘HAP 28 Some standards used non-HAP compounds (or groups of compounds) as surrogates for HAP. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 metals are invariably present in cement kiln PM,’’ id. at 639); see also, e.g., Sierra Club v. EPA, 353 F.3d 976, 982– 85 (D.C. Cir. 2004) (upholding the EPA’s use of particulate matter as a surrogate for HAP emissions in setting MACT standards for primary copper smelters); Bluewater Network v. EPA, 370 F.3d 1, 18 (D.C. Cir. 2004) (upholding the EPA’s regulation of HC emissions as a surrogate for regulation of fine PM emissions). See also Kennecott Greens Creek Min. Co. v. Mine Safety and Health Admin., 476 F.3d 946, 954–55 (D.C. Cir. 2007) (‘‘there is nothing inherently problematic with an regulating one substance as a surrogate for another substance.’’). Some examples of the EPA’s regulation of section 112(c)(6) HAP through surrogates include: • National Emission Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (64 FR 52828 and 70 FR 59402). POM and PCBs were regulated through surrogate substances (total hydrocarbons and carbon monoxide (CO)). See 64 FR 52847 and 70 FR 59432 for discussions of these surrogates. • Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste E:\FR\FM\16DEP1.SGM 16DEP1 74678 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules Incinerators (74 FR 51368). POM and PCBs were regulated through surrogate substances (CO and dioxins/furans). See 74 FR 51390, 51399 for discussion of these surrogates. • Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Large Municipal Waste Combustors (70 FR 75348). POM and PCBs were regulated through surrogate substances (CO and dioxins/furans). See 70 FR 75356 for discussion of these surrogates. • National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters (76 FR 15608). POM was regulated using CO as a surrogate. See 76 FR 15653 for discussion of CO as a surrogate for POM. In all of the above mentioned standards, which were promulgated through notice and comment rulemaking, the EPA had explained its section 112(c)(6) obligations and, to the extent surrogates were used, the surrogacy relationship to the relevant section 112(c)(6) HAP. We are not requesting comments on these prior rulemakings. However, in some standards promulgated prior to the EPA’s development of the baseline emissions inventory for section 112(c)(6) and publication of the initial listing of categories in the 1998 Notice, the EPA did not always explain the surrogacy relationship. As explained below, the surrogates chosen for section 112(c)(6) HAP in such rulemakings are reasonable and ensure that the section 112(c)(6) HAP are ‘‘subject to standards’’ for the purposes of section 112(c)(6). A. Surrogates for POM mstockstill on DSK4VPTVN1PROD with PROPOSALS 1. Coke Oven Emissions as a Surrogate for POM The EPA promulgated emissions standards under section 112(d)(2) for coke oven emissions, which include emissions of POM and other HAP from coke oven batteries. See 40 CFR part 63, Subpart L and Subpart CCCCC. POM is a constituent of coke oven emissions. See 57 FR 57535 and 69 FR 48341. The EPA considered POM together with other HAP that compose coke oven emissions because of the difficulty of measuring specific pollutants, including POM, and because of the fugitive and variable nature of the emissions. See 66 FR 33533 (discussing the impracticality of measuring specific HAP compounds emitted from coke ovens). Coke oven batteries are not enclosed sources. Consequently, coke oven emissions are released from many different pieces of VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 coke oven equipment through leaks that can change in size and location over time. The MACT standards for Coke Oven Batteries were designed to minimize coke oven emissions which include POM as well as other HAP (see 69 FR 48341). Because of the technological difficulty of collecting and measuring coke oven emission from coke oven batteries, the EPA concluded that a mass emission limitation for coke ovens was not technologically or economically practicable. See 66 FR 33533. Instead, the EPA found limits based on visible emissions to be the only feasible means of regulating coke oven emissions (including POM) from coke oven batteries at the time the MACT standards were developed. Id. Such limits are expressed in terms of the maximum allowable seconds of visible emissions per charge for the charging system and the maximum allowable percent of doors, lids, and offtake systems from which visible emissions may occur at any one time. For existing by-product batteries, the final rule limits visible emissions from coke oven doors, topside port lids, and offtake systems. Accordingly, the MACT standard requires a visible emission method to measure coke oven emissions and comply with the standard. Under the standard, POM is controlled at the same time as other HAP. Observation and engineering theory indicate that a reduction in visible coke oven emissions results in a reduction in mass emissions. For the reasons stated above, the EPA has assured that coke oven emissions (which include POM) from coke oven batteries are subject to MACT level of control, as required under section 112(c)(6). 2. Total HAP, Total Organic Carbon, Total Hydrocarbons, and Total Organic HAP Many of the source categories counted towards our 90 percent requirement for POM are surface coating operations. In the NESHAP for Aerospace Industries 29 (60 FR 45956), the EPA set MACT standards for total HAP in surface coatings, which serves as a surrogate for POM in coatings. Polycyclic organic matter is a constituent of total HAP. The Aerospace Industries NESHAP regulates POM through limitation of total HAP content in coatings applied (i.e., grams of HAP per kilogram of coating used). HAP are effectively controlled by reducing those HAP in surface coatings, 29 Note that the NESHAP for this source category also includes standards for volatile organic compounds. The POM emitted from this source category is naphthalene, which is considered a volatile organic compound. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 which prevents them from being subsequently emitted. A number of other categories subject to MACT standards for the purposes of section 112(c)(6) are also surface coating processes (fabricated metal products manufacturing at major sources (NESHAP for Surface Coating of Miscellaneous Metal Parts and Products, 69 FR 130), coated and laminated paper and packages at major sources (NESHAP for Paper and Other Web Coating, 67 FR 72330), paint and allied products (NESHAP for Miscellaneous Organic Chemical Manufacturing, 68 FR 63852), wood household furniture manufacturing at major sources (NESHAP for Wood Furniture Manufacturing Operations, 60 FR 62930), transportation equipment manufacturing (NESHAP for Surface Coating of Automobiles and Light-Duty Trucks, 69 FR 22602), ship building and repair (NESHAP for Shipbuilding and Ship Repair (Surface Coating) Operations, 60 FR 64330), and commercial printing: Gravure at major sources (NESHAP for Printing and Publishing Industry, 67 FR 27132)). These source categories address POM (and other organic HAP emissions) by regulating total organic HAP in coatings and limiting emissions of those HAP from coatings to levels equivalent to those of the best performing coatings (i.e., coatings with the lowest levels of total organic HAP) through MACT analyses, as required under section 112(d)(2). Total organic HAP serves as a surrogate for POM and other organic HAP compounds present in coatings in these NESHAPS. These NESHAPs employed identical rationales when limiting HAP in coatings and there was no technical basis in any of the above mentioned surface coating NESHAPs to differentiate between POM and other organic HAP present in coatings. Some source categories that are subject to MACT standards for the purposes of section 112(c)(6) employ combustion processes that control organic HAP. In numerous rulemakings, the EPA has set standards for combustion processes based on the long term performance of a combustion device under conditions typically encountered in industrial applications.30 In these NESHAPs, the EPA determined that limiting outlet concentrations of organic compounds to 20 parts per million by volume (ppmv) or reducing total organic compound emissions by 98 percent was MACT for combustion processes. Some standards counted towards meeting our 90 percent 30 See memorandum titled ‘‘Thermal Incinerators and Flares,’’ available in the docket to this action. E:\FR\FM\16DEP1.SGM 16DEP1 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS requirement for the purposes of section 112(c)(6) set such MACT standards. Two section 112(c)(6) categories (pulp and paper—kraft recovery furnaces and pulp and paper—lime kilns) are combustion processes that are subject to the NESHAPs for Pulp and Paper Production (63 FR 18504 and 66 FR 3180). Kraft recovery furnaces and lime kilns at pulp and paper mills are combustion processes that are used to recover chemicals in the paper production process as well as to control HAP emissions from other sources at pulp and paper mills. The EPA determined that a properly operated kraft recovery furnace or lime kiln would reduce total HAP exiting the combustion process by at least 98 percent (or to a level below 20 parts per million) and established this standard as a surrogate for organic HAP, including POM. See 63 FR 18508. This level of control was determined to be MACT for these sources and the two equivalent forms of the standard (98 percent reduction of total HAP or a numerical emission limit of 20 ppmv of total HAP) ensure that organic HAP are effectively controlled. Id. Effective operation of the kraft recovery furnace or lime kiln will indiscriminately destroy POM along with other HAP present in the exhaust gases and is considered MACT.31 There was no technical basis for differentiating between POM and other organic HAP emitted from these chemical recovery processes since they are present together and controlled using the same combustion process. Other section 112(c)(6) source categories subject to standards for total organic HAP as a surrogate for POM include industrial organic chemicals manufacturing and naphthalene production. Total organic HAP is used as a surrogate for regulating POM emissions from industrial organic chemicals manufacturing and naphthalene production, both of which are subject to the HON NESHAP.32 POM is indiscriminately and effectively controlled through the same combustion processes as other organic HAP regulated by the HON. In the HON, the EPA grouped all of the organic HAP (including POM) together and looked at 31 Use of a properly operated thermal oxidizer (operated at a minimum temperature of 1,600 °F and a minimum residence time of 0.75 seconds) was also an equivalent control option. 32 Plastics material and resins manufacturing at major sources are subject to the NESHAP for Group IV Polymers and Resins, 61 FR 48208. The requirements in this NESHAP mirror those found in the HON. POM is regulated through the same surrogate as the HON, as described in this section. This category references the HON in its regulatory requirements and the rationale for surrogates chosen is identical to the HON. VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 the total organic HAP for purposes of applying controls and projecting emissions reductions (except for wastewater where HAP-specific standards were promulgated). For the industrial organic chemicals manufacturing and naphthalene production source categories, this was appropriate because emissions of POM come from the same types of activities and operations as emissions of the other HAP and the MACT combustion controls used to limit POM have essentially the same performance regardless of the individual compound. In other words, the EPA had no technical reason to make distinctions among various organic HAP except in the case of wastewater, for which the EPA promulgated organic HAP-specific standards. As a result, the control measures required by the HON reduce emissions of POM and other organic HAP from process vents, storage vessels, transfer racks, and equipment leaks. Emissions of POM generated from these source categories are not controlled differently than emissions of other organic HAP. By contrast, the EPA did not group all of the organic HAP together for wastewater because different HAP compounds have different physical properties when mixed with water. The analyses for wastewater streams were conducted on an organic HAP-specific basis, and the EPA promulgated organic HAP-specific standards for wastewater streams, including a specific standard for naphthalene, based upon physical property information for each HAP. See 40 CFR part 63, subpart G, app. (table 9) listing the control requirements for each, including a 99 percent control requirement for naphthalene. The control requirement for naphthalene is designed to reduce emissions of POM from wastewater streams generated during industrial inorganic chemicals manufacturing and naphthalene production. The section 112(c)(6) category ‘‘petroleum refining—all processes’’ is subject to two NESHAPs for petroleum refineries (NESHAP for Petroleum Refineries, 60 FR 43244, and NESHAP for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units, 67 FR 17762). In the NESHAPs for petroleum refineries, the EPA set MACT standards for total organic carbon,33 which serves as a surrogate for POM emitted from combustion processes. POM is a constituent of total organic carbon and is controlled through the same 33 This NESHAP also allows sources to measure total organic HAP for compliance purposes. PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 74679 combustion process as other organic carbon-containing compounds emitted by this source category. Sources subject to standards for total organic carbon in the NESHAP for petroleum refineries subject organic compounds, including POM, to MACT levels of control through combustion. POM, as well as other organic compounds, are indiscriminately and effectively destroyed through combustion and there is no technical reason to distinguish between POM and other organic compounds controlled through this process. The MACT standard for total organic carbon in the NESHAP is 98 percent destruction of organic compounds including POM or an outlet concentration of 20 ppmv. See 63 FR 48896. The NESHAP for Asphalt Roofing Manufacturing (68 FR 24561) regulates POM and other organic HAP through total hydrocarbons (THC) as a surrogate. As explained in the final rule, the combustion controls required in the NESHAP effectively control hydrocarbons, including POM and other organic HAP. Emissions of POM and other organic HAP are controlled equally with other hydrocarbons and there was no technical reasons to differentiate between POM and other hydrocarbons when establishing the MACT standard. See 68 FR 24566. 3. Carbon Monoxide In the NESHAP for Reciprocating Internal Combustion Engines (RICE) (69 FR 33474), the EPA established emission standards for carbon monoxide as a surrogate for emissions of organic hazardous air pollutants (including POM). POM and carbon monoxide are both emitted due to incomplete combustion. Low levels of carbon monoxide are an indicator of good combustion practices. POM is a byproduct of combustion and good combustion practices minimize emissions of POM. While the relationship between CO and POM was not discussed in the context of section 112(c)(6) in the RICE rulemaking, it was discussed in a number of other rules such as the Major Source Boilers NESHAP (76 FR 15608) and the section 129 standard for Hospital/Medical/ Infectious Waste Incinerators (74 FR 51368). This approach is based on the demonstrated relationship between the combustion process and these pollutants. Combustion, such as occurs in the units subject to the RICE NESHAP and other rules, is the process of breaking apart the organic (i.e., carboncontaining) molecules in the fuel and converting them to carbon dioxide. Perfectly complete combustion would E:\FR\FM\16DEP1.SGM 16DEP1 74680 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS convert all of the carbon in the fuel to carbon dioxide. Completeness of the combustion process is dependent on several variables, including temperature, amount of oxygen, and mixing of the fuel and oxygen. Incomplete combustion results in production of partly broken down and partially oxidized organic compounds, including CO and POM. Because the conversion of CO to carbon dioxide is a difficult step, and the last one in the destruction of hydrocarbons, including organic HAPs, it is a good indicator of the completeness of combustion. Thus, decreasing levels of CO are correlated with increasing destruction of organic compounds until a threshold is reached where, because combustion of CO is the last step in combustion, the combustion of organic materials is essentially complete. CO concentration is thus an indicator of the level of destruction of organic compounds, and accordingly can be used as a surrogate to control the emissions of organic HAPs. B. Surrogates for Hexachlorobenzene (HCB) As shown in the updated 1990 baseline inventory (Table 1), two source categories (pesticides manufacturing and chlorinated solvents production) composed 100 percent of the 1990 baseline HCB emissions. Chlorinated solvents production is subject to the HON. 59 FR 19402. In the HON NESHAP, EPA subject HCB emissions from chlorinated solvent production to MACT level of control by regulating total organic HAP, which serves as a surrogate for HCB. Consistent with section 112(c)(6), the EPA considered HCB emissions in developing the HON. HCB was identified as an organic HAP that would be subject to the HON. See 59 FR 19463 (Table 1 to subpart F). The EPA assumed that production of HCB would result in air emissions from gaseous discharges from reactors and other equipment as well as losses of process fluids from equipment seal failures, emissions from product storage and transfer, and emissions from wastewater containing HCB. The estimates of emissions from these processes were derived from information on the processes, physical property information for HCB, and wellestablished engineering calculations for different types of releases. In most of the analyses, the EPA grouped all of the organic HAP (including HCB) together and looked at the total organic HAP for purposes of applying controls and projecting emissions reductions. For the chlorinated solvents production source VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 category, this was appropriate because emissions of HCB come from the same types of activities and operations as emissions of the other HAP and because most of the control technologies required under section 112(d) were expected to have essentially the same performance regardless of the individual compound. In other words, the EPA had no technical reason to make distinctions among various organic HAP except in the case of wastewater, for which the EPA promulgated organic HAP-specific standards (discussed below). As a result, the control measures required by the HON reduce emissions of HCB and other organic HAP from process vents, storage vessels, transfer racks, and equipment leaks. Emissions of HCB during its production are not controlled differently than emissions of other organic HAP. By contrast, the EPA did not group all of the organic HAP together for wastewater because different HAP compounds have different physical properties when mixed with water. The analyses for wastewater streams were conducted on an organic HAP-specific basis, and the EPA promulgated organic HAP-specific standards for wastewater streams, including a specific standard for HCB, based upon physical property information for each HAP. See 40 CFR part 63, subpart G, Appendix (Table 9, listing the removal requirements for each, including a 99 percent removal requirement for HCB). The removal requirement for HCB is designed to reduce emissions of HCB from wastewater streams generated during HCB production. The section 112(c)(6) source categories, ‘‘pesticide manufacture and agricultural chemicals’’ are subject to the NESHAP for Pesticide Active Ingredient Production (64 FR 33550). In this NESHAP, the EPA set MACT standards for total organic carbon and total organic HAP, which serve as surrogates for hexachlorobenzene. 64 FR 33549 (June 23, 1999). HCB is a constituent of each surrogate and the same logic for the choice of surrogate discussed for the HON above applies here (i.e., the combustion processes that serve as the basis for MACT indiscriminately and effectively control HCB along with other organic HAP compounds). Other sources, such as wastewater, were required to comply with organic HAP-specific standards found in the HON, which specifically lists HCB as one of the HAP emitted from the source category and provided HCB-specific control requirements. See 59 FR 19463, table listing HCB as one of the section 112 organic HAP subject to the rule. PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 V. Conclusion In light of the information presented in this document, the EPA proposes that we have fulfilled the 90 percent requirements for all section 112(c)(6) HAP. The EPA proposes that sources accounting for at least 90 percent of the aggregate emissions of each section 112(c)(6) HAP are ‘‘subject to standards’’ for the purposes of section 112(c)(6). VI. 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 and was therefore not submitted to the OMB for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because it does not contain any information collection activities. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities. This action does not alter any of the standards discussed in this document. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538 and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. 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. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175. This proposed action does not materially alter the stringency of any standards discussed in this document. Thus, Executive Order 13175 does not apply to this action. E:\FR\FM\16DEP1.SGM 16DEP1 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks AGENCY FOR INTERNATIONAL DEVELOPMENT This action is not subject to Executive Order 13045 because the EPA does not believe the environmental health risks or safety risks addressed in this action present a disproportionate risk to children. A health and risk assessment was not performed for this action because it does not alter any of the regulations discussed in this action. RIN 0412–AA76 U.S. Agency for International Development. ACTION: Proposed rule. I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low income or indigenous populations because it does not affect the level of protection provided to human health or the environment. An environmental justice evaluation was not performed for this action because it does not alter any of the regulations discussed in this action. List of Subjects 40 CFR Part 60 Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements. mstockstill on DSK4VPTVN1PROD with PROPOSALS 40 CFR Part 63 Administrative practice and procedure, Air pollution control, Hazardous materials, Intergovernmental relations, Reporting and recordkeeping requirements. BILLING CODE 6560–50–P VerDate Sep<11>2014 17:04 Dec 15, 2014 Jkt 235001 This proposed rule is a companion document to the U.S. Agency for International Development (USAID) direct final rule (published in the ‘‘Rules and Regulations’’ section of this Federal Register), amending the Agency for International Development Acquisition Regulation (AIDAR). AIDAR is revised to maintain consistency with the Federal Acquisition Regulation (FAR) and conform the regulation to previously implemented policy. Obsolete material is removed and numerous clarifications and editorial amendments are made to better specify the regulation. DATES: Submit comments on or before January 15, 2015. ADDRESSES: Address all comments concerning this document to Marcelle Wijesinghe, Bureau for Management, Office of Acquisition and Assistance, Policy Division (M/OAA/P), Room 867, SA–44, Washington, DC 20523–2052. Submit comments, identified by title of the action and Regulatory Information Number (RIN) by any of the following methods: Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Email: Submit electronic comments to both mwijesinghe@usaid.gov and lbond@usaid.gov. See SUPPLEMENTARY INFORMATION for file formats and other information about electronic filing. Mail: USAID, Bureau for Management, Office of Acquisition & Assistance, Policy Division, Room 867, SA–44, Washington, DC 20523–2052. FOR FURTHER INFORMATION CONTACT: Lyudmila Bond, Telephone: 202–567– 4753 or Email: lbond@usaid.gov. SUPPLEMENTARY INFORMATION: USAID is publishing the amendment as a direct final rule because the Agency views it as a conforming and administrative amendment and does not anticipate any adverse comments. A detailed discussion of the rule is set forth in the preamble of the direct final rule. SUMMARY: This action is not a subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. [FR Doc. 2014–29482 Filed 12–15–14; 8:45 am] Incorporate Various Administrative Changes and Internal Policies Into the USAID Acquisition Regulation (AIDAR) AGENCY: H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use Dated: December 10, 2014. Gina McCarthy, Administrator. 48 CFR Parts 701, 702, 703, 704, 705, 706, 707, 709, 711, 713, 714, 715, 716, 717, 719, 722, 725, 726, 727, 728, 731, 732, 733, 736, 742, 745, 747, 750, and 752 PO 00000 Frm 00028 Fmt 4702 Sfmt 9990 74681 If no adverse comments are received in response to the direct final rule, no further action will be taken related to this proposed rule. If adverse comments are received on the direct final rule, USAID will publish a timely partial withdrawal in the Federal Register informing the public what sections of the direct final rule will not take effect. Any portions of the final rule for which no adverse or critical comments are received will become final after the designated period. All public comments received on the direct final rule will be addressed in a subsequent final rule based on this proposed rule. USAID will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. A. Instructions All comments must be in writing and submitted through one of the methods specified in the Addresses section above. All submissions must include the title of the action and RIN for this rulemaking. Please include your name, title, organization, postal address, telephone number, and email address in the text of the message. Comments submitted by email must be included in the text of the email or attached as a PDF file. Please avoid using special characters and any form of encryption. Please note, however, that because security screening precautions have slowed the delivery and dependability of surface mail to USAID/ Washington, USAID recommends sending all comments to the Federal eRulemaking Portal. All comments will be made available for public review without change, including any personal information provided, from three workdays after receipt to finalization of action at http:// www.regulations.gov. Do not submit information that you consider to be Confidential Business Information (CBI), Personally Identifiable Information or any information that is otherwise protected from disclosure by statute. As noted above, in the ‘‘Rules and Regulations’’ section of this Federal Register, USAID is publishing a direct final rule with the same title that announces revisions to the Agency for International Development Acquisition Regulation (AIDAR). For detailed information on these revisions, please see the direct final rule. Dated: October 7, 2014. Aman S. Djahanbani, Chief Acquisition Officer. [FR Doc. 2014–26050 Filed 12–15–14; 8:45 am] BILLING CODE 6116–01–P E:\FR\FM\16DEP1.SGM 16DEP1

Agencies

[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Proposed Rules]
[Pages 74656-74681]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29482]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2004-0505; FRL-9920-49-OAR]
RIN 2060-AS42


Completion of Requirement To Promulgate Emissions Standards

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: In this action, the Environmental Protection Agency (EPA) 
proposes that it has completed its statutory obligation of the Clean 
Air Act to promulgate emissions standards for source categories 
accounting for not less than ninety percent of the aggregated emissions 
of each of the seven hazardous air pollutants enumerated in section 
112(c)(6). This document explains the basis for the agency's conclusion 
that it completed this obligation in February of 2011, identifies the 
promulgated standards that collectively satisfy the obligation, and 
provides the public an opportunity to comment.

DATES: Comments must be received on or before February 17, 2015.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by December 22, 2014, a public hearing will be held on 
December 31, 2014 at the U.S. EPA building at 109 T.W. Alexander Drive, 
Research Triangle Park, NC 27711. If you are interested in requesting a 
public hearing or attending the public hearing, contact Ms. Virginia 
Hunt at (919) 541-0832 or at hunt.virginia@epa.gov. If the EPA holds a 
public hearing, the EPA will keep the record of the hearing open for 30 
days after completion of the hearing to provide an opportunity for 
submission of rebuttal and supplementary information. Under the 
Paperwork Reduction Act, comments on the information collection 
provisions are best assured of having full effect if the Office of 
Management and Budget (OMB) receives a copy of your comments on or 
before January 15, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OAR-2004-0505, by one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Agency Web site: http://www.epa.gov/oar/docket.html. 
Follow the instructions for submitting comments on the EPA Air and 
Radiation Docket Web site.
     Email: a-and-r-docket@epa.gov. Include EPA-HQ-OAR-2004-
0505 in the subject line of the message.
     Fax: Fax your comments to: (202) 566-9744, Attention 
Docket ID Number EPA-HQ-OAR-2004-0505.
     Mail: Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Mail Code 28221T, Attention Docket ID No. EPA-HQ-OAR-2004-
0505, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Please mail a 
copy of your comments on the information collection provisions to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), Attn: Desk Officer for the EPA, 725 17th Street NW., 
Washington, DC 20503.
     Hand Delivery or Courier: EPA Docket Center, Room 3334, 
EPA WJC West Building, 1301 Constitution Avenue NW., Washington, DC 
20004, Attention Docket ID Number EPA-HQ-OAR-2004-0505. 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-
2004-0505. The EPA 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

[[Page 74657]]

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 
avoid the use of special characters, any form of encryption and be free 
of any defects or viruses. For additional information about the EPA 
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID Number EPA-HQ-OAR-2004-0505. 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, 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 WJC West Building, 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.
    Public Hearing. If anyone contacts the EPA requesting a public 
hearing by December 22, 2014, the public hearing will be held on 
December 31, 2014 at the EPA's campus at 109 T.W. Alexander Drive, 
Research Triangle Park, North Carolina. The hearing will begin at 10:00 
a.m. (Eastern Standard Time) and conclude at 5:00 p.m. (Eastern 
Standard Time). There will be a lunch break from 12:00 p.m. to 1:00 
p.m. Please contact Ms. Virginia Hunt at (919) 541-0832 or at 
hunt.virginia@epa.gov to register to speak at the hearing or to inquire 
as to whether or not a hearing will be held. The last day to pre-
register in advance to speak at the hearing will be December 29, 2014. 
Additionally, requests to speak will be taken the day of the hearing at 
the hearing registration desk, although preferences on speaking times 
may not be able to be accommodated. If you require the service of a 
translator or special accommodations such as audio description, please 
let us know at the time of registration. If you require an 
accommodation, we ask that you pre-register for the hearing, as we may 
not be able to arrange such accommodations without advance notice. The 
hearing will provide interested parties the opportunity to present 
data, views or arguments concerning the proposed action. The EPA will 
make every effort to accommodate all speakers who arrive and register. 
Because these hearing are being held at U.S. government facilities, 
individuals planning to attend the hearing should be prepared to show 
valid picture identification to the security staff in order to gain 
access to the meeting room. Please note that the REAL ID Act, passed by 
Congress in 2005, established new requirements for entering federal 
facilities. If your driver's license is issued by Alaska, American 
Samoa, Arizona, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, 
Montana, New York, Oklahoma or the state of Washington, you must 
present an additional form of identification to enter the federal 
building. Acceptable alternative forms of identification include: 
Federal employee badges, passports, enhanced driver's licenses and 
military identification cards. In addition, you will need to obtain a 
property pass for any personal belongings you bring with you. Upon 
leaving the building, you will be required to return this property pass 
to the security desk. No large signs will be allowed in the building, 
cameras may only be used outside of the building and demonstrations 
will not be allowed on federal property for security reasons. The EPA 
may ask clarifying questions during the oral presentations, but will 
not respond to the presentations at that time. Written statements and 
supporting information submitted during the comment period will be 
considered with the same weight as oral comments and supporting 
information presented at the public hearing.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed 
rule, contact Mr. Nathan Topham, Office of Air Quality Planning and 
Standards; Sector Policies and Programs Division, Metals and Inorganic 
Chemicals Group (D243-02); Environmental Protection Agency; Research 
Triangle Park, NC 27111; telephone number: (919) 541-0483; fax number: 
(919) 541-3207; email address: topham.nathan@epa.gov.

SUPPLEMENTARY INFORMATION: 
    The information presented in this preamble is organized as follows:

I. General Information
    A. What should I consider as I prepare my comments to the EPA?
    B. Where can I get a copy of this document?
II. Background Information
    A. What is the statutory background for this action?
    B. What is the litigation history regarding this action?
III. How has the EPA satisfied its obligation under Clean Air Act 
section 112(c)(6)?
    A. How did the EPA determine what regulations would collectively 
satisfy the 90 percent requirement under section 112(c)(6)?
    B. What is the total updated 1990 baseline inventory of source 
categories that emit section 112(c)(6) HAP and which source 
categories are determined by the EPA to be necessary to meet the 90 
percent requirement under section 112(c)(6)?
    C. What changes have been made to the 1990 baseline inventory 
since the 1998 notice?
    D. What are the emissions standards that the EPA has promulgated 
to meet the 90 percent requirement under section 112(c)(6)?
IV. Surrogate Pollutants Used by the EPA To Ensure That the Section 
112(c)(6) Requirements Are Fulfilled
    A. Surrogates for POM
    B. Surrogates for Hexachlorobenzene (HCB)
V. Conclusion
VI. 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 (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    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

[[Page 74658]]

    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. What should I consider as I prepare my comments to the EPA?

    Submitting CBI. 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: 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-2004-0505.

B. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this proposal will also be available on the Internet through the EPA's 
Technology Transfer Network (TTN). Following signature by the EPA 
Administrator, a copy of this proposed action will be posted on the 
TTN's policy and guidance page for newly proposed or promulgated rules 
at the following address: http://www.epa.gov/ttn/atw/eparules.html. The 
TTN provides information and technology exchange in various areas of 
air pollution control.

II. Background Information

A. What is the statutory background for this action?

    Section 112(c)(6) of the Clean Air Act requires EPA to take action 
\1\ with respect to seven specific persistent, bioaccumulative 
hazardous air pollutants (HAP). The section states, ``With respect to 
alkylated lead compounds, polycyclic organic matter, 
hexachlorobenzene,\2\ mercury, polychlorinated biphenyls,\3\ 2,3,7,8-
tetrachlorodibenzofurans \4\ and 2,3,7,8-tetrachlorodibenzo-p-
dioxin,\5\ the Administrator shall, not later than 5 years after 
November 15, 1990, list categories and subcategories of sources 
assuring that sources accounting for not less than 90 per centum of the 
aggregate emissions of each such pollutant are subject to standards 
under subsection (d)(2) or (d)(4) of this section.''
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    \1\ Section 112(c)(6) also states that ``This paragraph shall 
not be construed to require the Administrator to promulgate 
standards for such pollutants emitted by electric utility steam 
generating units.''
    \2\ Referred to elsewhere in this document as ``HCB.''
    \3\ Referred to elsewhere in this document as ``PCBs.''
    \4\ Referred to elsewhere in this document as ``furan.''
    \5\ Referred to elsewhere in this document as ``dioxin.'' Note 
that dioxin and furan emissions are grouped together for the purpose 
of the 1990 baseline inventory in Table 1 of this preamble.
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    Section 112(c)(6) requires the EPA to ensure that sources 
responsible for 90 percent of the aggregate emissions of each of the 
seven specified pollutants are subject to standards under sections 
(d)(2) or (d)(4) of this section. 42 U.S.C. 7412(c)(6). It requires the 
EPA to list, by November 15, 1995, source categories assuring that 
sources responsible for 90 percent of the aggregate emissions are 
subject to emission standards pursuant to section 112(d)(2) or (4), and 
to promulgate such standards by November 15, 2000. Under section 
112(d)(2), the EPA imposes emission standards that require ``the 
maximum degree of reduction in emissions of the [HAPs]'' that the EPA 
concludes are achievable based on a consideration of factors identified 
in the statute. 42 U.S.C. 7412(d)(2). These are referred to as 
``maximum achievable control technology'' or ``MACT.'' Section 
112(d)(4) authorizes the EPA to set a health-based standard for a 
limited set of hazardous air pollutants for which a health threshold 
has been established, and that standard must provide for ``an ample 
margin of safety.'' 42 U.S.C. 7412(d)(4).

B. What is the litigation history regarding this action?

    In 2001, Sierra Club filed suit in the U.S. District Court for the 
District of Columbia asserting, among other allegations, that the EPA 
had failed to promulgate emission standards sufficient to satisfy the 
90 percent requirement in CAA section 112(c)(6). See Sierra Club v. 
Jackson, No. 01-1537 (D.D.C.). In an order issued March 31, 2006 
(``2006 order''), the district court set a deadline (later extended) 
for the EPA to complete that task. Sierra Club v. Johnson, 444 F. Supp. 
2d 46, 59 (D.D.C. 2006). In the course of that suit, the EPA explained 
that ``once [it] completes emission standards for the remaining source 
categories under section 112(c)(6), it intends to issue a notice that 
explains how it has satisfied the requirements of section 112(c)(6) in 
terms of issuing emission standards for the source categories that 
account for the statutory thresholds identified in section 112(c)(6).' 
'' Id.
    On March 21, 2011, having promulgated standards sufficient to meet 
the 90 percent requirement under section 112(c)(6), the EPA published a 
notice in the Federal Register (FR) announcing it had met its statutory 
obligation. Completion of Requirement to Promulgate Emission Standards, 
76 FR 15308 (March 21, 2011) (``90 Percent Notice'' or ``Notice''). The 
March 21, 2011, notice contained the EPA Administrator's conclusion 
that ``EPA has completed sufficient standards to meet the 90-percent 
requirement under . . . section 112(c)(6).'' 76 FR 15308. The 
Administrator based that determination on a technical memorandum 
``document[ing] the actions the Agency has taken to meet these 
requirements.'' Id. The technical memorandum titled Emission Standards 
for Meeting the Ninety Percent Requirement under Section 112(c)(6) of 
the Clean Air Act, which is available in the docket for this action 
(Docket ID: EPA-HQ-OAR-2004-0505), included an updated 1990 baseline 
inventory, an updated list of the source categories necessary to meet 
the 90 percent requirement, and a list of emission standards the EPA 
has promulgated for these source categories.
    In 2011, Sierra Club filed suit in U.S. Court of Appeals for the 
District of Columbia (D.C. Circuit) challenging the March 21, 2011, 
notice. The D.C. Circuit vacated the notice, holding that the notice 
was a legislative rulemaking that must be issued through a notice and 
comment rulemaking. Sierra Club v. EPA, 699 F.3d 530, 535 (D.C. Cir. 
2012).

[[Page 74659]]

    In 2013, Sierra Club filed a motion with the district court, 
seeking enforcement of the 2006 order. In an opinion dated July 25, 
2014, the district court held that the EPA failed to comply with the 
2006 order and directed the EPA to initiate a process of notice and 
comment rulemaking before the agency reissues, reconsiders or modifies 
its determination regarding section 112(c)(6). Therefore, the EPA is 
issuing this proposed rule as ordered by the district court and 
providing an opportunity for comment on the EPA's proposed 
determination that it has fulfilled the requirements of section 
112(c)(6).

III. How has the EPA satisfied its obligation under clean air act 
section 112(c)(6)?

A. How did the EPA determine what regulations would collectively 
satisfy the 90 percent requirement under section 112(c)(6)?

    In 1998, the EPA published an initial list of source categories and 
subcategories in the Federal Register that the agency at that time 
believed it needed to regulate under section 112(c)(6) to satisfy that 
provision's 90 percent requirement. 63 FR 17838, April 10, 1998. The 
EPA first developed a 1990 baseline inventory \6\ which identified all 
known sources of the section 112(c)(6) HAPs at the time and included 
estimated national annual emissions for each source category as of 
1990. 63 FR 17847, Table 1. The EPA then identified source categories 
considered subject to standards under 112(d)(2) and (d)(4), as well as 
those subject to section 129 standards.\7\ 63 FR 17842. See also Table 
2 of the 1998 Notice, 63 FR 17849. The EPA found that a majority of the 
source categories needed to achieve the 90 percent requirement were 
already subject to either section 112(d)(2) or (d)(4) standards or 
section 129 standards or listed for such regulation. 63 FR 17839. Based 
on the 1990 baseline emissions inventory, the EPA concluded that the 90 
percent requirement had been met for five of seven 112(c)(6) HAP but 
that additional regulations were needed for polycyclic organic matter 
(POM) and alkylated lead to attain the 90 percent level for those two 
HAP. 63 FR 17846. Therefore, the EPA added two more categories to the 
initial section 112(c)(6) source category list. See Table 2, 63 FR 
17850. However, the EPA also noted in that notice that ``many 
uncertainties remain concerning the accuracy of its identification of 
source categories and estimates of emissions.'' 63 FR 17845. The EPA 
forewarned that ``Given the uncertainties, the EPA recognizes that the 
list may be subject to change.'' 63 FR 17846. For example, in that 
notice, the EPA explained:

    \6\ The EPA chose 1990 as the baseline year because that was 
when the section 112(c)(6) requirements came into force as part of 
the CAA Amendments of 1990. See 62 FR 33627.
    \7\ The EPA considers standards promulgated under section 129 as 
substantively equivalent to those promulgated under section 
112(c)(6). 63 FR 17846.
---------------------------------------------------------------------------

    As the Agency proceeds to develop appropriate emission 
standards, it will necessarily develop improved source category-
specific information, which may affect the estimates of total 
emissions, the percentage of emissions subject to standards, 
allocation of emissions within a source category to major and area 
sources, and source categories for which standards need to be 
developed. As it proceeds to develop these standards and associated 
information, EPA intends to further evaluate this information 
against its obligation to assure that sources accounting for not 
less than 90 percent of emissions are subject to standards.

63 FR 17845

    In particular, the agency explained that, for regulations not yet 
developed, it would subject area source categories with significant 
emissions to the regulations required by section 7412(c)(6), but that 
``[s]ome area categories may be negligible contributors to the 90 
percent goal, and as such pose unwarranted burdens for subjecting to 
[MACT] standards.'' Id.
    Subsequent to the publication of the initial section 112(c)(6) 
list, as the EPA continued evaluating source categories and developing 
standards, the EPA has updated the listing several times. The EPA 
issued the updates either as a separate notice or in conjunction with 
development of specific standards. The updates are as follows:
     Section 112(c)(6) Source Category List: Tire Production, 
65 FR 47725, August 3, 2000. This action removed tire production 
manufacturing from the list.
     National Emission Standards for Hazardous Air Pollutants; 
Revision of Source Category List for Standards Under Section 112(c)(6) 
and 112(k) of the Clean Air Act, 67 FR 68124, November 8, 2002. This 
action added gasoline distribution Stage I to the list and removed area 
sources in the following categories: Asphalt hot mix production, 
fabricated metal products, paint and allied products, paper coated and 
laminated, packaging and transportation equipment manufacturing.
     Revision of Source Category Lists for Standards Under 
Sections 112(c) and 112(k) of the Clean Air Act; and National Emission 
Standards for Hazardous Air Pollutants for Area Sources: Electric Arc 
Furnace; Proposed Rule, 72 FR 53814, September 20, 2007. This action 
added the electric arc furnace (EAF) steelmaking facility area source 
category to the list.
     National Emission Standards for Hazardous Air Pollutants 
for Source Categories: Gasoline Distribution Bulk Terminals, Bulk 
Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities; 
Final Rule, 73 FR 1916, January 10, 2008. This action finalized the 
decision not to regulate gasoline distribution area sources under 
section 112(c)(6).
     National Emission Standards for Hazardous Air Pollutants: 
Gold Mine Ore Processing and Production Area Source Category; and 
Addition to Source Category List for Standards; Final Rule, 76 FR 9450, 
February 17, 2011. This action added the Gold Mine Ore Processing and 
Production source category to the list.
     National Emission Standards for Hazardous Air Pollutants 
for Area Sources: Industrial, Commercial, and Institutional Boilers; 
Final Rule, 76 FR 15554, March 21, 2011. This action explained that 
area source wood and oil-fired boilers were not needed to meet the 90 
percent requirement for POM and mercury under section 112(c)(6).
     Standards of Performance for New Stationary Sources and 
Emission Guidelines for Existing Sources: Sewage Sludge Incineration 
Units; Final Rule, 76 FR 15372, March 21, 2011. This action explained 
that sewage sludge incineration units were needed to meet the 90 
percent requirement for mercury under section 112(c)(6). See 76 FR 
15375.

[[Page 74660]]

     Emission Standards for Meeting the Ninety Percent 
Requirement under Section 112(c)(6) of the Clean Air Act, Docket ID: 
EPA-HQ-OAR-2004-0505-0006 (February 18, 2011). This technical 
memorandum documented the actions the EPA had taken to meet the 90 
percent requirement under section 112(c)(6) and included an updated 
1990 baseline inventory, an updated list of the source categories 
necessary to meet the 90 percent requirement, and a list of emission 
standards the EPA promulgated for these source categories.\8\
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    \8\ As explained earlier in this document, this technical 
memorandum was the basis of the EPA's conclusion in a March 21, 
2011, FR notice that it has completed its obligation under section 
112(c)(6). See Completion of Requirement to Promulgate Emission 
Standards, 76 FR 15308, March 21, 2011. The 2011 notice was later 
vacated by the U.S. Court of Appeals for the District of Columbia, 
which held that the notice must be issued through a notice and 
comment rulemaking. Sierra Club v. EPA, 699 F.3d 530, 535 (D.C. Cir. 
2012).
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B. What is the total updated 1990 baseline inventory of source 
categories that emit 112(c)(6) HAP and which source categories are 
determined by the EPA to be necessary to meet the 90 percent 
requirement under section 112(c)(6)?

1. Updated 1990 Baseline Emissions Inventory for Section 112(c)(6) HAPs
    Table 1 presents the updated 1990 baseline emission inventory for 
the section 112(c)(6) pollutants based on the history, actions, updates 
and documentation explained elsewhere in this document. Table 1 
includes the updated estimated emissions (in tons per year or pounds 
per year) for year 1990 for each of the section 112(c)(6) pollutants 
for each source category and the percent of the total emissions for 
1990. Table 1 also identifies the categories that the EPA is counting 
towards meeting the EPA's 90 percent requirement for each section 
112(c)(6) HAP. Table 1 also identifies remaining source categories 
(which added together account for 10 percent or less of the total 
inventory) that emit section 112(c)(6) HAP. By February 21, 2011, the 
EPA had promulgated either MACT or equivalent standards under section 
129 for each of the source categories identified in the top portion of 
Table 1 (i.e., the portion labeled ``Categories Subject to 
Regulation'').
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C. What changes have been made to the 1990 baseline inventory since the 
1998 Notice?

    The EPA made a number of updates to the section 112(c)(6) 1990 
baseline inventory and source category list as a result of new 
information and further evaluation of the source categories during 
standard development. The EPA had explained some of those actions in 
prior notices, which the EPA has identified in section III.A above. 
With respect to updates that were not provided in prior notices, they 
are presented below.
1. Gasoline Distribution (Aviation)
    In the 1998 Notice, the EPA identified the Gasoline Distribution 
(Aviation) source category as necessary for achieving the 90 percent 
requirement for alkylated lead. Aircraft use two general types of fuel: 
Aviation gasoline (avgas) and jet fuel. Avgas, which is used for 
powering piston engine aircraft, is the source of alkylated lead 
emissions in the Gasoline Distribution (Aviation) source category. 
Alkylated lead is added to avgas to reduce engine knock and help 
lubricate internal engine components. Research is underway to find 
alternatives to lead for use in avgas.
    While characterizing evaporative emissions of alkylated lead 
compounds from aviation gasoline, we became aware of another stationary 
source of other alkylated lead compounds emissions in 1990. 
Specifically, we identified a U.S. facility that was manufacturing 
alkylated lead compounds in 1990. Through discussions with industry 
representatives and technical evaluation

[[Page 74672]]

of the information supplied, we were able to quantify an estimate of 
the alkylated lead emissions for the Alkylated Lead Production source 
category for the year 1990 and are adding this estimate to the section 
112(c)(6) baseline inventory. Based on information provided in the 
Toxics Release Inventory (TRI), we identified reported annual emissions 
of total lead compounds from this single alkylated lead production 
facility of 22 tons in 1990. The TRI did not provide the amount of 
alkylated lead in the total. Further analysis of the emission inventory 
submitted to the state resulted in an estimate of actual alkylated lead 
emissions from this facility of approximately 18 tons in 1990. As shown 
in Table 1, the Alkylated Lead Production source category (which as 
explained above consists solely of this one facility) contributed 99.7 
percent of the alkylated lead compounds emissions in the updated 1990 
baseline inventory.\9\ Alkylated lead compounds production is regulated 
by the Hazardous Organic NESHAP \10\ (HON).\11\ The EPA has therefore, 
through the HON, met the 90 percent requirement under section 112(c)(6) 
for alkylated lead. In light of the above, we conclude that we do not 
need Gasoline Distribution (Aviation) to meet the 90 percent 
requirement for alkylated lead under section 112(c)(6).
---------------------------------------------------------------------------

    \9\ In addition to adding the baseline emissions for the 
Alkylated Lead Production source category, the other updates to the 
section 112(c)(6) baseline inventory for alkylated lead include 
addition of the Upstream Gasoline Distribution (Aviation) (see 
section III.C.3) and revised baseline emission estimates for 
Gasoline Distribution (Stage I) (see sections III.A and III.C.2) and 
Gasoline Distribution (Aviation) discussed in this section.
    \10\ Also known as National Emission Standards for Hazardous Air 
Pollutants for Source Categories: Organic Hazardous Air Pollutants 
from the Synthetic Organic Chemical Industry and Other Processes 
Subject to the Negotiated Regulation for Equipment Leaks. 59 FR 
19402.
    \11\ We further note that U.S. production of alkylated lead 
compounds ended in 1993.
---------------------------------------------------------------------------

    The 1990 baseline alkylated lead emissions from gasoline 
distribution source categories have also been updated since the 1998 
Notice. A review of the 1990 alkylated lead emissions from the 
distribution of leaded gasoline revealed that the inventory data were 
based on inaccurate estimates of equipment component counts and leak 
emission factors.\12\ Analysis showed that when the corrected equipment 
leak data are used, the total estimated 1990 alkylated lead emissions 
from leaded gasoline distribution would be less than one half of the 
estimate in the 1990 inventory published in the 1998 Notice. See 71 FR 
66067. We have therefore revised the alkylated lead baseline emission 
estimates for all gasoline distribution source categories, including 
Gasoline Distribution (Aviation), accordingly.
---------------------------------------------------------------------------

    \12\ In the section 112(c)(6) inventory published in 1998, the 
baseline alkylated lead emissions estimate for the Gasoline 
Distribution (Aviation) source category was based on emission 
factors from a 1994 proposed major source standard for Gasoline 
Distribution (Stage I) (Background Information Document (BID) Volume 
I, Proposed National Emission Standards for Hazardous Air Pollutants 
for Gasoline Distribution (Stage I), EPA-453/R-94-002a). Based on 
analysis of public comments on that proposed rule, EPA applied 
updated equipment leak emission factors for the promulgated major 
source standard for Gasoline Distribution (Stage I) (BID Volume II, 
Promulgated National Emission Standards for Hazardous Air Pollutants 
for Gasoline Distribution (Stage I), EPA-453/R-94-002b). The updated 
emission factors were also applied in the promulgation of area 
source standards for Gasoline Distribution (Stage I) (Area Source).
---------------------------------------------------------------------------

2. Gasoline Distribution Stage I (Area Sources)
    Alkylated lead emissions from this source category have been 
updated since the 1998 Notice in a manner consistent with Gasoline 
Distribution (Aviation), discussed in the previous section. A review of 
the 1990 alkylated lead emissions from the distribution of leaded 
gasoline revealed that the inventory data were based on inaccurate 
estimates of equipment component counts and leak emission factors.\13\ 
Analysis showed that when the corrected equipment leak data are used, 
the total estimated 1990 alkylated lead emissions from leaded gasoline 
distribution would be less than one half of the estimate in the 1990 
inventory published in the 1998 Notice. We have revised the alkylated 
lead baseline emission estimates for all gasoline distribution source 
categories, including Gasoline Distribution Stage I (Area Source), 
accordingly.
---------------------------------------------------------------------------

    \13\ See footnote 4.
---------------------------------------------------------------------------

3. Upstream Gasoline Distribution (Aviation)
    Upstream Gasoline Distribution (Aviation) is being added to the 
section 112(c)(6) inventory for emissions of alkylated lead. At the 
time we issued the 1998 Notice, we believed that avgas was transported 
directly from refineries to the airport terminals. Thus, we did not 
estimate alkylated lead emissions from the distribution of avgas 
``upstream'' of the airport facilities in the section 112(c)(6) 
emission inventory published in 1998. However, we have since learned 
that avgas is distributed through bulk terminals located at refineries, 
as well as through some stand-alone bulk terminals, prior to being 
delivered to airport facilities. We have therefore updated the 
112(c)(6) baseline inventory for alkylated lead to include estimated 
1990-base year alkylated lead emissions from the distribution of avgas 
``upstream'' of the airport facilities. The alkylated lead emissions 
for this category are presented in Table 1.
4. Use of 16-PAH Inventory for Polycyclic Organic Matter
    In the Clean Air Act, POM is defined as ``organic compounds with 
more than one benzene ring and which have a boiling point greater than 
or equal to 100 [deg]C''. As shown in the 1998 Notice, we created three 
inventories (7-PAH,\14\ 16-PAH,\15\ and extractable organic matter 
(EOM) \16\) to represent baseline POM emissions. Of the three POM 
baseline inventories, the 16-PAH inventory is the most robust, with 
data on 16-PAH emissions for 94 categories. In contrast, we have very 
limited data on EOM, with data on EOM emissions for only 18 source 
categories.\17\ The lack of available data on EOM emissions creates a 
distorted picture of the relative contributions of source categories 
for which there are available EOM data. The lack of source categories 
making up the total EOM inventory makes the relative contribution of 
the few categories that do have data unrealistically inflated. We 
therefore cannot say with confidence that, by using the baseline 
inventory for EOM, we are capturing 90 percent of the baseline POM 
emissions, as required by section 112(c)(6). Similarly, we have data on 
7-PAH for 32 categories, considerably fewer than the 94 categories for 
which we have 16-PAH data. Therefore, the 16-PAH inventory allows for 
the most accurate representation of the universe of categories that 
emit POM. Because the use of all three baseline inventories is neither 
required nor necessary, and in light of the concern described above 
with the EOM and 7-PAH inventories,

[[Page 74673]]

we decided to use only the 16-PAH baseline inventory for determining 
the 90 percent threshold for POM under section 112(c)(6).
---------------------------------------------------------------------------

    \14\ Composed of benz(a)anthracene, benzo(a)pyrene, 
benzo(b)fluoranthene, benzo(k)fluoranthene, chrysene, 
dibenz(a,h)anthracene, and indeno(1,2,3-cd)pyrene.
    \15\ Composed of benz(a)anthracene, benzo(a)pyrene, 
benzo(b)fluoranthene, benzo(k)fluoranthene, chrysene, 
dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene, acenaphthene, 
acenaphthylene, anthracene, benzo(ghi)perylene, fluoranthene, 
fluorene, naphthalene, phenanthrene, and pyrene.
    \16\ Any methylene chloride extractable organic matter, measured 
gravimetrically.
    \17\ When justifying its use in the 1998 inventory background 
document, we said that the EPA would undertake an effort to develop 
a robust inventory for EOM sources to feed into the CAA section 
112(c)(6) inventory. Had more data been gathered, perhaps EOM would 
have proved to be a more useful indicator of POM. However, the 
anticipated inventory was not developed.
---------------------------------------------------------------------------

5. Updates to the 1990 Baseline Emission Inventory for Mercury
    As mentioned above, the EPA added 1990 mercury emission estimates 
for EAF and Gold Mine Ore Production and Processing area source 
categories into the section 112(c)(6) total baseline inventory for 
mercury. In addition, the EPA discovered that the 112(c)(6) inventory 
for mercury published in the 1998 Federal Register notice included 
inaccurate estimates for a number of source categories and updated 
these estimates. These updates are discussed below.
    a. Industrial/Commercial Boilers. The estimate of mercury emissions 
from Industrial/Commercial Boilers that was presented in the 1998 
Federal Register notice for section 112(c)(6) was 28.9 tons of mercury 
for year 1990. There were a number of technical problems with this 
estimate, especially for coal-fired boilers. One significant issue is 
that the activity level (2,820 trillion British thermal units (BTUs)) 
used in the calculations in the section 112(c)(6) inventory background 
document was incorrect. This activity level represented all coal use in 
industry, including boilers and other uses (e.g., coke ovens). The 
activity level used should have been for boilers only. A more accurate 
activity level for 1990 would be about 1,633 trillion BTUs.\18\
---------------------------------------------------------------------------

    \18\ Estimate based on 1990 historical statistics from the 
Department of Energy's Energy Information Administration Web site of 
coal use in industrial/commercial sectors (not including coke 
plants).
---------------------------------------------------------------------------

    Additionally, we also believe that the emissions factors used to 
calculate the original estimate from coal-fired boilers were 
inaccurate. The emission factors were based on an assumption of zero 
control and did not account for coal washing. At that time, the EPA 
stated ``because mercury reductions from coal washing and any other 
reductions that may occur across existing control devices are not 
accounted for, the emissions may be overestimated.'' \19\ Applying 
emission factors used in the development of the major and area source 
Boiler NESHAP \20\ to the revised activity level for coal-fired boilers 
yields estimates of roughly 2 tons and 1 ton of mercury emissions for 
major and area sources, respectively. Emissions factors for oil-fired 
boilers (6.8 lb/trillion BTUs and 7.2 lb/trillion BTUs) were also too 
high. Converting these emission factors into mercury concentrations in 
oil results in an estimate of about 100 parts per billion (ppb) mercury 
concentrations in oil. However, based on data gathered and analyzed for 
the 1998 EPA Utility Air Toxics Report to Congress, the average mercury 
concentration in oil is about 10 ppb. Moreover, the emissions factor 
for residual oil-fired boilers (of 0.4 lbs per trillion BTUs) provided 
in the 1997 EPA Locating and Estimating document \21\ is about 10 times 
lower than the emission factors used for the original section 112(c)(6) 
estimates for oil-fired boilers. The information discussed above 
suggests that the emissions estimates for mercury provided in the 1998 
Notice for oil-fired boilers were overestimated by an order of 
magnitude. A more accurate estimate of total mercury emissions from 
oil-fired boilers (major and area sources) is about 0.6 tons for 1990, 
as reflected in Table 1.
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    \19\ Mercury Study Report to Congress. December 1997. Available 
at http://www.epa.gov/hg/report.htm.
    \20\ The revised emission factor for major source boilers for 
this inventory was generated using a weighted average of the six 
emission factors for various types of control used in the February 
21, 2011, Boiler NESHAP. The revised emission factor for area 
sources was the uncontrolled group in the Boiler NESHAP because 
these sources were largely uncontrolled with respect to mercury 
emissions in 1990.
    \21\ US EPA (1997): Locating and Estimating Air Emissions From 
Sources of Mercury and Mercury Compounds. Report EPA-454/R-97-012, 
(NTIS PB98-117054), Office of Air Quality Planning and Standards, 
Research Triangle Park, NC. Available at: http://www.epa.gov/ttn/chief/le/index.html.
---------------------------------------------------------------------------

    b. Aerospace Industries (Surface Coating). Aerospace Industries 
(Surface Coating) had an estimate of 4 tons of mercury emissions in the 
112(c)(6) inventory published in the 1998 Notice. Another inventory 
developed for year 1990 for other regulatory purposes (the 112(k) 1990 
inventory) had a much lower estimate for this category (0.0026 tpy). 
Because of the large discrepancy, we reviewed the 112(c)(6) inventory 
data for this category, including reviewing the original emissions 
factor and calculations. We also consulted with an industry 
representative. The estimate in the 1998 Notice was based on an 
extremely conservative assumption. According to a 1997 docket memo,\22\ 
the emissions estimate was derived from reviewing Material Safety Data 
Sheets (MSDS) from five of the major coating suppliers. One of these 
MSDS showed trace amounts of mercury in only two products (0.00002 
percent by weight), which was rounded up five orders of magnitude to 1 
percent in the inventory analysis.
---------------------------------------------------------------------------

    \22\ Memo from Dave Reeves, Midwest Research Institute to 
Barbara Driscoll, U.S. Environmental Protection Agency, Office of 
Air Quality Planning and Standards regarding HAP emission estimates 
for aerospace surface coating. November 17, 1997.
---------------------------------------------------------------------------

    In light of the above, we concluded that this original estimate of 
mercury emissions (or 4 tons) from Aerospace Industries was 
substantially overestimated. Therefore, we searched and gathered 
information to calculate a more reasonable estimate. We obtained 
information on sales of aerospace coatings and mercuric mildewcides in 
1990. Using these data, potential mercury emissions for 1990 were 
calculated, as described in the following paragraphs.
    In 1990, aerospace coatings accounted for 0.1 percent of the volume 
of coatings produced. In 1990, approximately 400,000 pounds of mercuric 
mildewcide/fungicide (as mercury) were sold into the entire coatings 
market (this amount substantially decreased after 1990 to nearly zero). 
Assuming these products were used throughout the industry, we calculate 
that 400 lbs (i.e., 0.1% * 400,000 pounds = 400 lbs) of mercuric 
mildewcides/fungicides were used in aerospace coatings in 1990. Thus, 
the maximum emissions would have been 400 lbs of mercury assuming 100 
percent of mercury in coatings were released. However, mildewcides/
fungicides are intended to retard the growth of fungi on applied 
surfaces over time. They are intended to remain to a large extent in 
the coating substrate. We believe that at least 50 percent of the 
mildewcide/fungicide remains in the substrate. Therefore, mercury 
releases from aerospace coatings are estimated to be up to 200 lbs in 
1990. Given this information and calculations, we estimate that this 
source category emitted about 0.1 tons of mercury in 1990.
    c. Industrial Turbines and Internal Combustion Engines. In the 1998 
Notice, the mercury emissions from industrial turbines and internal 
combustion engines fired by natural gas were 1.6 tons and 4.7 tons, 
respectively. The emissions factors used in those original estimates 
for these two source categories were 6.63 x 10-\6\ lb/MMBTU 
and 1.14 x 10-\5\ lb/MMBTU, respectively. However, available 
data \23\ indicate that the level of mercury in natural gas is very low 
and, therefore, mercury emissions from this category are very low. 
Based on this information, we updated the 1990 mercury emissions for 
this category. As shown in Table 1, the revised mercury emissions 
estimates

[[Page 74674]]

from these two source categories are 0.001 and 0.009 tons, 
respectively.
---------------------------------------------------------------------------

    \23\ Mercury Study Report to Congress. December 1997. Available 
at http://www.epa.gov/hg/report.htm. Locating and Estimating Air 
Emissions from Sources of Mercury and Mercury Compounds. December 
1997. Available at http://www.epa.gov/ttnchie1/le/.
---------------------------------------------------------------------------

    d. Human Crematories. The mercury emissions from human crematories 
in the 1998 baseline 112(c)(6) inventory (0.000377 tons per year) were 
revised based on data used to calculate mercury emissions in the 112(k) 
area source inventory, which was developed subsequent to the 1998 
Notice. This emission factor led to a revised estimate of 0.6 tons of 
mercury in 1990 emitted from human crematories.
    e. Blast Furnaces and Steel Mills. Mercury emissions from blast 
furnaces and steel mills were reported as 0.25 tons in the 1998 
baseline 112(c)(6) inventory. Further review of this estimate led to 
revision of the mercury estimate from blast furnaces and steel mills as 
well as electric arc furnace steelmaking (as discussed in section III.C 
above). Based on a revised emission factor \24\ from scrap steel, the 
revised estimated mercury emissions are 3.1 tons for blast furnaces and 
steel mills.
---------------------------------------------------------------------------

    \24\ Analysis of Mercury Data for Electric Arc Furnace 
Steelmaking. Prepared for U.S. Environmental Protection Agency, 
Office of Air Quality Planning and Standards, Sector Policies and 
Program Division, Metals and Minerals Group. July 18, 2007. Docket 
Item 0070 in EPA Docket Number OAR-2004-0083.
---------------------------------------------------------------------------

    f. Portland Cement. We believe the estimate for mercury emissions 
from Portland Cement Manufacturing non-hazardous waste kilns (4.13 
tons) in the 1998 Notice was slightly underestimated. We used the 
mercury emissions and installed clinker capacity from 2006 \25\ to 
generate a ratio of mercury emissions per ton of clinker and applied 
this ratio to the 1990 clinker capacity. The mercury emissions in 1990 
were revised upward to 5.64 tons for this category.
---------------------------------------------------------------------------

    \25\ Estimate of 2006 installed clinker capacity: 94,690,000 
metric tons clinker per year. Estimate of 2006 mercury emissions 
from major and area sources: 7.27 tons. Estimate of 1990 installed 
clinker capacity: 73,518,000 metric tons clinker per year.
---------------------------------------------------------------------------

D. What are the emissions standards that the EPA has promulgated to 
meet the 90 percent requirement under section 112(c)(6)?

    The EPA has promulgated emissions standards sufficient to satisfy 
the 112(c)(6) requirement that sources accounting for not less than 90 
percent of the aggregate emissions of seven specific HAP are subject to 
standards under 112(d)(2) or 112(d)(4). Table 2 provides a list of the 
emissions standards, including the name of each of the source 
categories, name of the emissions standards that apply, and the rule 
citation for each (i.e., CFR Part and Subpart). Table 2 provides cross-
references for the 112(c)(6) category names with the associated 
emission standards (which may reference a source category by a name 
different from that used in the section 112(c)(6) baseline inventory 
and source category listing). Table 3 provides a list of the specific 
regulations (including CFR citations, Part and Subpart) that address 90 
percent or more of each of the 112(c)(6) HAPs.
---------------------------------------------------------------------------

    \26\ Because many of these standards were developed to meet the 
EPA's obligation under CAA section 112(d)(1), the EPA had not 
focused on what was needed to meet its section 112(c)(6) obligation 
at the time of these rulemakings. Therefore, the EPA did not 
reference section 112(c)(6) in the preambles to some rules.

  Table 2--Categories of Sources Whose Emissions of 112(c)(6) HAPs Are
         Subject to 112(d)(2), 112(d)(4), or 129 Standards \26\
------------------------------------------------------------------------
  Section 112(c)(6) category       Emission standard      CFR part and
             name                       name(s)              subpart
------------------------------------------------------------------------
Aerospace Industry (Surface     National Emission       40 CFR part 63
 Coating).                       Standards for           subpart GG.
                                 Hazardous Air
                                 Pollutants for the
                                 Aerospace Industries.
Alkylated Lead Production.....  National Emission       40 CFR part 63
                                 Standards for Organic   subpart F.
                                 Hazardous Air
                                 Pollutants from the
                                 Synthetic Organic
                                 Chemical
                                 Manufacturing
                                 Industry.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart G.
                                 Hazardous Air
                                 Pollutants from the
                                 Synthetic Organic
                                 Chemical
                                 Manufacturing
                                 Industry for Process
                                 Vents, Storage
                                 Vessels, Transfer
                                 Operations, and
                                 Wastewater.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart H.
                                 Hazardous Air
                                 Pollutants for
                                 Equipment Leaks.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart I.
                                 Hazardous Air
                                 Pollutants for
                                 Certain Processes
                                 Subject to the
                                 Negotiated Regulation
                                 for Equipment Leaks.
Asphalt Roofing Production....  National Emission       40 CFR part 63
                                 Standards for           subpart LLLLL.
                                 Hazardous Air
                                 Pollutants for the
                                 Asphalt Roofing
                                 Manufacturing.
Blast Furnace and Steel Mills.  National Emission       40 CFR part 63
                                 Standards for           subpart FFFFF.
                                 Hazardous Air
                                 Pollutants for the
                                 Integrated Iron and
                                 Steel Manufacture.
Chemical Manufacturing: Cyclic  National Emission       40 CFR part 63
 Crude and Intermediate          Standards for Organic   subpart F.
 Production.                     Hazardous Air
                                 Pollutants from the
                                 Synthetic Organic
                                 Chemical
                                 Manufacturing
                                 Industry.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart G.
                                 Hazardous Air
                                 Pollutants from the
                                 Synthetic Organic
                                 Chemical
                                 Manufacturing
                                 Industry for Process
                                 Vents, Storage
                                 Vessels, Transfer
                                 Operations, and
                                 Wastewater.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart H.
                                 Hazardous Air
                                 Pollutants for
                                 Equipment Leaks.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart I.
                                 Hazardous Air
                                 Pollutants for
                                 Certain Processes
                                 Subject to the
                                 Negotiated Regulation
                                 for Equipment Leaks.
Chlorinated Solvents            National Emission       40 CFR part 63
 Production.                     Standards for Organic   subpart F.
                                 Hazardous Air
                                 Pollutants from the
                                 Synthetic Organic
                                 Chemical
                                 Manufacturing
                                 Industry.

[[Page 74675]]

 
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart G.
                                 Hazardous Air
                                 Pollutants from the
                                 Synthetic Organic
                                 Chemical
                                 Manufacturing
                                 Industry for Process
                                 Vents, Storage
                                 Vessels, Transfer
                                 Operations, and
                                 Wastewater.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart H.
                                 Hazardous Air
                                 Pollutants for
                                 Equipment Leaks.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart I.
                                 Hazardous Air
                                 Pollutants for
                                 Certain Processes
                                 Subject to the
                                 Negotiated Regulation
                                 for Equipment Leaks.
Coke Ovens: By-Product          National Emission       40 CFR part 61
 Recovery Plants.                Standard for Benzene    subpart L.
                                 Emissions from Coke
                                 By-Product Recovery
                                 Plants.
Coke Ovens: Charging, Topside   National Emission       40 CFR part 63
 & Door Leaks.                   Standards for           subpart L.
                                 Hazardous Air
                                 Pollutants for Source
                                 Categories and for
                                 Coke Oven Batteries.
                                National Emission       40 CFR part 63
                                 Standards for           subpart CCCCC.
                                 Hazardous Air
                                 Pollutants for Coke
                                 Ovens: Pushing,
                                 Quenching, and
                                 Battery Stacks.
Coke Ovens: Pushing, Quenching  National Emission       40 CFR part 63
 & Battery Stacks.               Standards for           subpart L.
                                 Hazardous Air
                                 Pollutants for Source
                                 Categories and for
                                 Coke Oven Batteries.
                                National Emission       40 CFR part 63
                                 Standards for           subpart CCCCC.
                                 Hazardous Air
                                 Pollutants for Coke
                                 Ovens: Pushing,
                                 Quenching, and
                                 Battery Stacks.
Commercial Printing: Gravure..  National Emission       40 CFR part 63
                                 Standards for           subpart KK.
                                 Hazardous Air
                                 Pollutants: Printing
                                 and Publishing
                                 Industry.
Electric Arc Furnaces           National Emission       40 CFR part 63
 (EAF)_Secondary Steel.          Standards for           subpart YYYYY.
                                 Hazardous Air
                                 Pollutants for Area
                                 Sources: Electric Arc
                                 Furnace Steelmaking
                                 Facilities.
Fabricated Metal Products.....  National Emission       40 CFR part 63
                                 Standards for           subpart MMMM.
                                 Hazardous Air
                                 Pollutants: Surface
                                 Coating of
                                 Miscellaneous Metal
                                 Parts and Products.
Gasoline Distribution (Stage    National Emission       40 CFR part 63
 1).                             Standards for           subpart R.
                                 Hazardous Air
                                 Pollutants for
                                 Gasoline Distribution
                                 Facilities (Bulk
                                 Gasoline Terminals
                                 and Pipeline Breakout
                                 Stations).
Gold Mines....................  National Emission       40 CFR part 63
                                 Standards for           subpart
                                 Hazardous Air           EEEEEEE.
                                 Pollutants: Gold Mine
                                 Ore Processing and
                                 Production Area
                                 Source Category.
Hazardous Waste Incineration..  National Emission       40 CFR part 63
                                 Standards for           subpart EEE.
                                 Hazardous Air
                                 Pollutants from
                                 Hazardous Waste
                                 Combustors.
Industrial Organic Chemicals    National Emission       40 CFR part 63
 Manufacturing.                  Standards for Organic   subpart F.
                                 Hazardous Air
                                 Pollutants from the
                                 Synthetic Organic
                                 Chemical
                                 Manufacturing
                                 Industry.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart G.
                                 Hazardous Air
                                 Pollutants from the
                                 Synthetic Organic
                                 Chemical
                                 Manufacturing
                                 Industry for Process
                                 Vents, Storage
                                 Vessels, Transfer
                                 Operations, and
                                 Wastewater.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart H.
                                 Hazardous Air
                                 Pollutants for
                                 Equipment Leaks.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart I.
                                 Hazardous Air
                                 Pollutants for
                                 Certain Processes
                                 Subject to the
                                 Negotiated Regulation
                                 for Equipment Leaks.
Industrial Stationary IC        National Emission       40 CFR part 63
 Engines_Diesel.                 Standards for           subpart ZZZZ.
                                 Hazardous Air
                                 Pollutants for
                                 Reciprocating
                                 Internal Combustion
                                 Engines.
Industrial Stationary IC        National Emission       40 CFR part 63
 Engines_Natural Gas.            Standards for           subpart ZZZZ.
                                 Hazardous Air
                                 Pollutants for
                                 Reciprocating
                                 Internal Combustion
                                 Engines.
Industrial/Commercial/          National Emission       40 CFR part 63
 Institutional Boilers.          Standards for           subpart DDDDD.
                                 Hazardous Air
                                 Pollutants for
                                 Industrial/Commercial/
                                 Institutional Boilers
                                 and Process Heaters.
                                National Emission       40 CFR part 63
                                 Standards for           subpart JJJJJJ.
                                 Hazardous Air
                                 Pollutants for Area
                                 Sources: Industrial,
                                 Commercial, and
                                 Institutional Boilers.
Lightweight Aggregate Kilns...  National Emission       40 CFR part 63
                                 Standards for           subpart EEE.
                                 Hazardous Air
                                 Pollutants from
                                 Hazardous Waste
                                 Combustors.
Medical Waste Incineration....  Standards of            40 CFR part 60
                                 Performance and         subpart Ce, Ec;
                                 Emissions Guidelines    & 40 CFR part
                                 for Hospitals/Medical/  62 subpart HHH.
                                 Infectious Waste
                                 Incinerators.
Mercury Cell Chlor Alkali       National Emission       40 CFR part 63
 Production.                     Standards for           subpart IIIII.
                                 Hazardous Air
                                 Pollutants: Mercury
                                 Emissions from
                                 Mercury Cell Chlor
                                 Alkali Plants.
Municipal Waste Combustion....  Standards of            40 CFR part 60
                                 Performance for New     subpart Cb, Ea,
                                 Stationary Sources      Eb; & 40 CFR
                                 and Emission            part 62 subpart
                                 Guidelines for          FFF.
                                 Existing Sources:
                                 Large Municipal Waste
                                 Combustion Units.
                                Standards of            40 CFR part 60
                                 Performance for New     subpart AAAA,
                                 Stationary Sources      BBBB & 40 CFR
                                 and Emission            part 62 subpart
                                 Guidelines for          JJJ.
                                 Existing Stationary
                                 Sources: Small
                                 Municipal Waste
                                 Combustion Units.

[[Page 74676]]

 
Naphthalene Production........  National Emission       40 CFR part 63
                                 Standards for Organic   subpart F.
                                 Hazardous Air
                                 Pollutants from the
                                 Synthetic Organic
                                 Chemical
                                 Manufacturing
                                 Industry.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart G.
                                 Hazardous Air
                                 Pollutants from the
                                 Synthetic Organic
                                 Chemical
                                 Manufacturing
                                 Industry for Process
                                 Vents, Storage
                                 Vessels, Transfer
                                 Operations, and
                                 Wastewater.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart H.
                                 Hazardous Air
                                 Pollutants for
                                 Equipment Leaks.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart I.
                                 Hazardous Air
                                 Pollutants for
                                 Certain Processes
                                 Subject to the
                                 Negotiated Regulation
                                 for Equipment Leaks.
Paints and Allied Products      National Emission       40 CFR part 63
 (Major).                        Standards for           subpart FFFF.
                                 Hazardous Air
                                 Pollutants:
                                 Miscellaneous Organic
                                 Chemical
                                 Manufacturing.
Paper Coated and Laminated,     National Emission       40 CFR part 63
 Packaging.                      Standards for           subpart JJJJ.
                                 Hazardous Air
                                 Pollutants: Paper and
                                 Other Web Coating.
Pesticides Manufacture &        National Emission       40 CFR part 63
 Agricultural Chemicals.         Standards for           subpart HHH.
                                 Hazardous Air
                                 Pollutants: Pesticide
                                 Active Ingredient
                                 Production.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart F.
                                 Hazardous Air
                                 Pollutants from the
                                 Synthetic Organic
                                 Chemical
                                 Manufacturing
                                 Industry.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart G.
                                 Hazardous Air
                                 Pollutants from the
                                 Synthetic Organic
                                 Chemical
                                 Manufacturing
                                 Industry for Process
                                 Vents, Storage
                                 Vessels, Transfer
                                 Operations, and
                                 Wastewater.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart H.
                                 Hazardous Air
                                 Pollutants for
                                 Equipment Leaks.
Petroleum Refining: All         National Emission       40 CFR part 63
 Processes.                      Standards for           subpart CC.
                                 Hazardous Air
                                 Pollutants from
                                 Petroleum Refineries.
                                National Emission       40 CFR part 63
                                 Standards for           subpart UUU.
                                 Hazardous Air
                                 Pollutants for
                                 Petroleum Refineries:
                                 Catalytic Cracking
                                 Units, Catalytic
                                 Reforming Units, and
                                 Sulfur Recovery Units.
Phthalic Anhydride Production.  National Emission       40 CFR part 63
                                 Standards for Organic   subpart F.
                                 Hazardous Air
                                 Pollutants from the
                                 Synthetic Organic
                                 Chemical
                                 Manufacturing
                                 Industry.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart G.
                                 Hazardous Air
                                 Pollutants from the
                                 Synthetic Organic
                                 Chemical
                                 Manufacturing
                                 Industry for Process
                                 Vents, Storage
                                 Vessels, Transfer
                                 Operations, and
                                 Wastewater.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart H.
                                 Hazardous Air
                                 Pollutants for
                                 Equipment Leaks.
                                National Emission       40 CFR part 63
                                 Standards for Organic   subpart I.
                                 Hazardous Air
                                 Pollutants for
                                 Certain Processes
                                 Subject to the
                                 Negotiated Regulation
                                 for Equipment Leaks.
Plastics Material and Resins    National Emission       40 CFR part 63
 Manufacturing.                  Standards for           subpart JJJ.
                                 Hazardous Air
                                 Pollutants for Group
                                 IV Polymers and
                                 Resins.
Portland Cement Manufacture:    National Emission       40 CFR part 63
 Hazardous Waste Kilns.          Standards for           subpart EEE.
                                 Hazardous Air
                                 Pollutants from
                                 Hazardous Waste
                                 Combustors.
Portland Cement Manufacture:    National Emission       40 CFR part 63
 Non-Hazardous Waste Kilns.      Standards for           subpart LLL.
                                 Hazardous Air
                                 Pollutants for the
                                 Portland Cement
                                 Manufacturing
                                 Industry.
Primary Aluminum Production...  National Emission       40 CFR part 63
                                 Standards for           subpart LL.
                                 Hazardous Air
                                 Pollutants for
                                 Primary Aluminum
                                 Reduction Plants.
Pulp and Paper_Kraft Recovery   National Emission       40 CFR part 63
 Furnaces.                       Standards for           subpart MM.
                                 Hazardous Air
                                 Pollutants for
                                 Chemical Recovery
                                 Combustion Sources at
                                 Kraft, Soda, Sulfite,
                                 and Stand-Alone
                                 Semichemical Pulp
                                 Mills.
Pulp and Paper_Lime Kilns.....  National Emission       40 CFR part 63
                                 Standards for           subpart MM.
                                 Hazardous Air
                                 Pollutants for
                                 Chemical Recovery
                                 Combustion Sources at
                                 Kraft, Soda, Sulfite,
                                 and Stand-Alone
                                 Semichemical Pulp
                                 Mills.
Secondary Aluminum Smelting...  National Emission       40 CFR part 63
                                 Standards for           subpart RRR.
                                 Hazardous Air
                                 Pollutants for
                                 Secondary Aluminum
                                 Production.
Secondary Lead Smelting.......  National Emission       40 CFR part 63
                                 Standards for           subpart X.
                                 Hazardous Air
                                 Pollutants for
                                 Secondary Lead
                                 Smelting.
Sewage Sludge Incineration....  Standards of            40 CFR part 60
                                 Performance for New     subparts LLLL,
                                 Stationary Sources      MMMM.
                                 and Emission
                                 Guidelines for
                                 Existing Sources:
                                 Sewage Sludge
                                 Incineration Units.
Ship Building and Repair        National Emission       40 CFR part 63
 (Surface Coating).              Standards for           subpart II.
                                 Hazardous Air
                                 Pollutants for
                                 Shipbuilding and Ship
                                 Repair (Surface
                                 Coating).
Transportation Equipment        National Emission       40 CFR part 63
 Manufacturing (SICs Combined).  Standards for           subpart PPPP.
                                 Hazardous Air
                                 Pollutants: Surface
                                 Coating of
                                 Automobiles and Light
                                 Duty Trucks (Surface
                                 Coating of Plastic
                                 Parts and Products).

[[Page 74677]]

 
Wood Household Furniture        National Emission       40 CFR part 63
 Manufacturing.                  Standards for           subpart JJ.
                                 Hazardous Air
                                 Pollutants from Wood
                                 Furniture
                                 Manufacturing
                                 Operations.
------------------------------------------------------------------------


 Table 3--Federal Regulations \27\ Ensuring That Sources Accounting for
    at Least 90 Percent of the Aggregate Emissions of Each 112(c)(6)
        Pollutant Are Subject to 112(d)(2) or 112(d)(4) Standards
------------------------------------------------------------------------
                                                       Code of Federal
                                      Percent of    Regulations part and
                                      aggregate         subparts that
       112(c)(6) pollutant            emissions      include 112(d)(2),
                                      subject to     112 (d)(4), or 129
                                      regulation          standards
------------------------------------------------------------------------
Alkylated Lead Compounds.........             99.7  40 CFR part 63
                                                     subparts F, G, H,
                                                     I.
Polycyclic Organic Matter (Using              90.0  40 CFR part 63
 16-PAH Inventory).                                  subparts F, G, H,
                                                     I, L, R, X, CC, GG,
                                                     II, JJ, KK, LL, MM,
                                                     EEE, JJJ, LLL, MMM,
                                                     UUU, FFFF, JJJJ,
                                                     MMMM, PPPP, ZZZZ,
                                                     CCCCC, DDDDD,
                                                     FFFFF, LLLLL,
                                                     JJJJJJ; 40 CFR part
                                                     60 subpart Cb, Ce,
                                                     Ea, Eb, AAAA, BBBB;
                                                     40 CFR part 62
                                                     subpart FFF, HHH,
                                                     JJJ.
Hexachlorobenzene................            100    40 CFR part 63
                                                     subparts F, G, H,
                                                     I, HHH.
Mercury Compounds................             90.3  40 CFR part 63
                                                     subparts GG, LL,
                                                     MM, EEE, LLL,
                                                     DDDDD, IIIII,
                                                     YYYYY, JJJJJJ,
                                                     EEEEEEE; 40 CFR
                                                     part 60 subpart Cb,
                                                     Ce, Ea, Eb, AAAA,
                                                     BBBB, LLLL, MMMM;
                                                     40 CFR part 62
                                                     subpart FFF, HHH,
                                                     JJJ.
Polychlorinated Biphenyls........             94.5  40 CFR part 63
                                                     subparts EEE; 40
                                                     CFR part 60 subpart
                                                     Cb, Ce, Ea, Eb,
                                                     AAAA, BBBB; 40 CFR
                                                     part 62 subpart
                                                     FFF, HHH, JJJ.
2,3,7,8-Tetrachlorodibenzofurans              95.3  40 CFR part 63
 (furan) and 2,3,7,8-                                subparts X, LL,
 Tetrachlorodibenzo-p-dioxin                         EEE, LLL, MMM,
 (dioxin).                                           DDDDD, JJJJJJ; 40
                                                     CFR part 60 subpart
                                                     Cb, Ce, Ea, Eb,
                                                     AAAA, BBBB; 40 CFR
                                                     part 62 subpart
                                                     FFF, HHH, JJJ.
------------------------------------------------------------------------

IV. Surrogate  Pollutants Used by the EPA To Ensure That the Section 
112(c)(6) Requirements are Fulfilled
---------------------------------------------------------------------------

    \27\ An expanded version of this table, including Federal 
Register citations, is available in the docket for this action.
---------------------------------------------------------------------------

    The EPA has promulgated regulations, ``assuring that sources 
accounting for not less than 90 per centum of the aggregate emissions 
of each such pollutant are subject to standards under subsection (d)(2) 
or (d)(4).'' 42 U.S.C. 7412(c)(6). The EPA set the required standards 
under two approaches. In the course of promulgating MACT standards, the 
EPA has often established emission standards that directly regulated 
section 112(c)(6) HAP and explained that these standards contribute to 
fulfilling the agency's obligations under section 112(c)(6). For 
example, the NESHAPs for Gold Mine Ore Processing and Production (76 FR 
9450), Portland Cement Manufacturing Industry (75 FR 54970), Municipal 
Waste Combustion Units (70 FR 75348), Hospitals/Medical/Infectious 
Waste Incinerators (74 FR 51368), Hazardous Waste Combustors (70 FR 
59402), Sewage Sludge Incineration Units (76 FR 15372), and several 
other source categories, include emissions limits that specifically 
address mercury emissions. Likewise, the EPA has promulgated many 
regulations that specifically address dioxins and furans to achieve the 
90 percent requirement (such as NESHAPs for Municipal Waste Combustion 
Units (70 FR 75348), Hospitals/Medical/Infectious Waste Incinerators 
(74 FR 51368), Hazardous Waste Combustors (70 FR 59402), and Secondary 
Aluminum Production (64 FR 6946)). The public was provided an 
opportunity to comment on the above mentioned agency statements 
regarding its section 112(c)(6) obligations, and comments on those 
statements were addressed in those rulemakings.
    In some regulations, the EPA subjected section 112(c)(6) HAP to 
MACT level of control by setting emission limits for another HAP or 
compound,\28\ which serves as a surrogate for the targeted section 
112(c)(6) HAP. It is well established that ``EPA may use a surrogate 
[substance] to regulate hazardous pollutants if it is `reasonable' to 
do so'' Nat'l Lime Ass'n v. EPA, 233 F.3d 625, 637 (D.C. Cir. 2000) 
(upholding EPA decision to regulate particulate matter (``PM'') 
emissions as a surrogate for regulation of HAP metal emissions from 
cement kilns, based on evidence that ``HAP metals are invariably 
present in cement kiln PM,'' id. at 639); see also, e.g., Sierra Club 
v. EPA, 353 F.3d 976, 982-85 (D.C. Cir. 2004) (upholding the EPA's use 
of particulate matter as a surrogate for HAP emissions in setting MACT 
standards for primary copper smelters); Bluewater Network v. EPA, 370 
F.3d 1, 18 (D.C. Cir. 2004) (upholding the EPA's regulation of HC 
emissions as a surrogate for regulation of fine PM emissions). See also 
Kennecott Greens Creek Min. Co. v. Mine Safety and Health Admin., 476 
F.3d 946, 954-55 (D.C. Cir. 2007) (``there is nothing inherently 
problematic with an regulating one substance as a surrogate for another 
substance.''). Some examples of the EPA's regulation of section 
112(c)(6) HAP through surrogates include:
---------------------------------------------------------------------------

    \28\ Some standards used non-HAP compounds (or groups of 
compounds) as surrogates for HAP.
---------------------------------------------------------------------------

     National Emission Standards for Hazardous Air Pollutants 
for Hazardous Waste Combustors (64 FR 52828 and 70 FR 59402). POM and 
PCBs were regulated through surrogate substances (total hydrocarbons 
and carbon monoxide (CO)). See 64 FR 52847 and 70 FR 59432 for 
discussions of these surrogates.
     Standards of Performance for New Stationary Sources and 
Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious 
Waste

[[Page 74678]]

Incinerators (74 FR 51368). POM and PCBs were regulated through 
surrogate substances (CO and dioxins/furans). See 74 FR 51390, 51399 
for discussion of these surrogates.
     Standards of Performance for New Stationary Sources and 
Emission Guidelines for Existing Sources: Large Municipal Waste 
Combustors (70 FR 75348). POM and PCBs were regulated through surrogate 
substances (CO and dioxins/furans). See 70 FR 75356 for discussion of 
these surrogates.
     National Emission Standards for Hazardous Air Pollutants 
for Major Sources: Industrial, Commercial, and Institutional Boilers 
and Process Heaters (76 FR 15608). POM was regulated using CO as a 
surrogate. See 76 FR 15653 for discussion of CO as a surrogate for POM.
    In all of the above mentioned standards, which were promulgated 
through notice and comment rulemaking, the EPA had explained its 
section 112(c)(6) obligations and, to the extent surrogates were used, 
the surrogacy relationship to the relevant section 112(c)(6) HAP. We 
are not requesting comments on these prior rulemakings.
    However, in some standards promulgated prior to the EPA's 
development of the baseline emissions inventory for section 112(c)(6) 
and publication of the initial listing of categories in the 1998 
Notice, the EPA did not always explain the surrogacy relationship. As 
explained below, the surrogates chosen for section 112(c)(6) HAP in 
such rulemakings are reasonable and ensure that the section 112(c)(6) 
HAP are ``subject to standards'' for the purposes of section 112(c)(6).

A. Surrogates for POM

1. Coke Oven Emissions as a Surrogate for POM
    The EPA promulgated emissions standards under section 112(d)(2) for 
coke oven emissions, which include emissions of POM and other HAP from 
coke oven batteries. See 40 CFR part 63, Subpart L and Subpart CCCCC. 
POM is a constituent of coke oven emissions. See 57 FR 57535 and 69 FR 
48341. The EPA considered POM together with other HAP that compose coke 
oven emissions because of the difficulty of measuring specific 
pollutants, including POM, and because of the fugitive and variable 
nature of the emissions. See 66 FR 33533 (discussing the impracticality 
of measuring specific HAP compounds emitted from coke ovens). Coke oven 
batteries are not enclosed sources. Consequently, coke oven emissions 
are released from many different pieces of coke oven equipment through 
leaks that can change in size and location over time. The MACT 
standards for Coke Oven Batteries were designed to minimize coke oven 
emissions which include POM as well as other HAP (see 69 FR 48341). 
Because of the technological difficulty of collecting and measuring 
coke oven emission from coke oven batteries, the EPA concluded that a 
mass emission limitation for coke ovens was not technologically or 
economically practicable. See 66 FR 33533. Instead, the EPA found 
limits based on visible emissions to be the only feasible means of 
regulating coke oven emissions (including POM) from coke oven batteries 
at the time the MACT standards were developed. Id. Such limits are 
expressed in terms of the maximum allowable seconds of visible 
emissions per charge for the charging system and the maximum allowable 
percent of doors, lids, and offtake systems from which visible 
emissions may occur at any one time. For existing by-product batteries, 
the final rule limits visible emissions from coke oven doors, topside 
port lids, and offtake systems. Accordingly, the MACT standard requires 
a visible emission method to measure coke oven emissions and comply 
with the standard.
    Under the standard, POM is controlled at the same time as other 
HAP. Observation and engineering theory indicate that a reduction in 
visible coke oven emissions results in a reduction in mass emissions. 
For the reasons stated above, the EPA has assured that coke oven 
emissions (which include POM) from coke oven batteries are subject to 
MACT level of control, as required under section 112(c)(6).
2. Total HAP, Total Organic Carbon, Total Hydrocarbons, and Total 
Organic HAP
    Many of the source categories counted towards our 90 percent 
requirement for POM are surface coating operations. In the NESHAP for 
Aerospace Industries \29\ (60 FR 45956), the EPA set MACT standards for 
total HAP in surface coatings, which serves as a surrogate for POM in 
coatings. Polycyclic organic matter is a constituent of total HAP. The 
Aerospace Industries NESHAP regulates POM through limitation of total 
HAP content in coatings applied (i.e., grams of HAP per kilogram of 
coating used). HAP are effectively controlled by reducing those HAP in 
surface coatings, which prevents them from being subsequently emitted.
---------------------------------------------------------------------------

    \29\ Note that the NESHAP for this source category also includes 
standards for volatile organic compounds. The POM emitted from this 
source category is naphthalene, which is considered a volatile 
organic compound.
---------------------------------------------------------------------------

    A number of other categories subject to MACT standards for the 
purposes of section 112(c)(6) are also surface coating processes 
(fabricated metal products manufacturing at major sources (NESHAP for 
Surface Coating of Miscellaneous Metal Parts and Products, 69 FR 130), 
coated and laminated paper and packages at major sources (NESHAP for 
Paper and Other Web Coating, 67 FR 72330), paint and allied products 
(NESHAP for Miscellaneous Organic Chemical Manufacturing, 68 FR 63852), 
wood household furniture manufacturing at major sources (NESHAP for 
Wood Furniture Manufacturing Operations, 60 FR 62930), transportation 
equipment manufacturing (NESHAP for Surface Coating of Automobiles and 
Light-Duty Trucks, 69 FR 22602), ship building and repair (NESHAP for 
Shipbuilding and Ship Repair (Surface Coating) Operations, 60 FR 
64330), and commercial printing: Gravure at major sources (NESHAP for 
Printing and Publishing Industry, 67 FR 27132)). These source 
categories address POM (and other organic HAP emissions) by regulating 
total organic HAP in coatings and limiting emissions of those HAP from 
coatings to levels equivalent to those of the best performing coatings 
(i.e., coatings with the lowest levels of total organic HAP) through 
MACT analyses, as required under section 112(d)(2). Total organic HAP 
serves as a surrogate for POM and other organic HAP compounds present 
in coatings in these NESHAPS. These NESHAPs employed identical 
rationales when limiting HAP in coatings and there was no technical 
basis in any of the above mentioned surface coating NESHAPs to 
differentiate between POM and other organic HAP present in coatings.
    Some source categories that are subject to MACT standards for the 
purposes of section 112(c)(6) employ combustion processes that control 
organic HAP. In numerous rulemakings, the EPA has set standards for 
combustion processes based on the long term performance of a combustion 
device under conditions typically encountered in industrial 
applications.\30\ In these NESHAPs, the EPA determined that limiting 
outlet concentrations of organic compounds to 20 parts per million by 
volume (ppmv) or reducing total organic compound emissions by 98 
percent was MACT for combustion processes. Some standards counted 
towards meeting our 90 percent

[[Page 74679]]

requirement for the purposes of section 112(c)(6) set such MACT 
standards.
---------------------------------------------------------------------------

    \30\ See memorandum titled ``Thermal Incinerators and Flares,'' 
available in the docket to this action.
---------------------------------------------------------------------------

    Two section 112(c)(6) categories (pulp and paper--kraft recovery 
furnaces and pulp and paper--lime kilns) are combustion processes that 
are subject to the NESHAPs for Pulp and Paper Production (63 FR 18504 
and 66 FR 3180). Kraft recovery furnaces and lime kilns at pulp and 
paper mills are combustion processes that are used to recover chemicals 
in the paper production process as well as to control HAP emissions 
from other sources at pulp and paper mills. The EPA determined that a 
properly operated kraft recovery furnace or lime kiln would reduce 
total HAP exiting the combustion process by at least 98 percent (or to 
a level below 20 parts per million) and established this standard as a 
surrogate for organic HAP, including POM. See 63 FR 18508. This level 
of control was determined to be MACT for these sources and the two 
equivalent forms of the standard (98 percent reduction of total HAP or 
a numerical emission limit of 20 ppmv of total HAP) ensure that organic 
HAP are effectively controlled. Id. Effective operation of the kraft 
recovery furnace or lime kiln will indiscriminately destroy POM along 
with other HAP present in the exhaust gases and is considered MACT.\31\ 
There was no technical basis for differentiating between POM and other 
organic HAP emitted from these chemical recovery processes since they 
are present together and controlled using the same combustion process.
---------------------------------------------------------------------------

    \31\ Use of a properly operated thermal oxidizer (operated at a 
minimum temperature of 1,600[emsp14][deg]F and a minimum residence 
time of 0.75 seconds) was also an equivalent control option.
---------------------------------------------------------------------------

    Other section 112(c)(6) source categories subject to standards for 
total organic HAP as a surrogate for POM include industrial organic 
chemicals manufacturing and naphthalene production. Total organic HAP 
is used as a surrogate for regulating POM emissions from industrial 
organic chemicals manufacturing and naphthalene production, both of 
which are subject to the HON NESHAP.\32\ POM is indiscriminately and 
effectively controlled through the same combustion processes as other 
organic HAP regulated by the HON. In the HON, the EPA grouped all of 
the organic HAP (including POM) together and looked at the total 
organic HAP for purposes of applying controls and projecting emissions 
reductions (except for wastewater where HAP-specific standards were 
promulgated). For the industrial organic chemicals manufacturing and 
naphthalene production source categories, this was appropriate because 
emissions of POM come from the same types of activities and operations 
as emissions of the other HAP and the MACT combustion controls used to 
limit POM have essentially the same performance regardless of the 
individual compound. In other words, the EPA had no technical reason to 
make distinctions among various organic HAP except in the case of 
wastewater, for which the EPA promulgated organic HAP-specific 
standards. As a result, the control measures required by the HON reduce 
emissions of POM and other organic HAP from process vents, storage 
vessels, transfer racks, and equipment leaks. Emissions of POM 
generated from these source categories are not controlled differently 
than emissions of other organic HAP. By contrast, the EPA did not group 
all of the organic HAP together for wastewater because different HAP 
compounds have different physical properties when mixed with water. The 
analyses for wastewater streams were conducted on an organic HAP-
specific basis, and the EPA promulgated organic HAP-specific standards 
for wastewater streams, including a specific standard for naphthalene, 
based upon physical property information for each HAP. See 40 CFR part 
63, subpart G, app. (table 9) listing the control requirements for 
each, including a 99 percent control requirement for naphthalene. The 
control requirement for naphthalene is designed to reduce emissions of 
POM from wastewater streams generated during industrial inorganic 
chemicals manufacturing and naphthalene production.
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    \32\ Plastics material and resins manufacturing at major sources 
are subject to the NESHAP for Group IV Polymers and Resins, 61 FR 
48208. The requirements in this NESHAP mirror those found in the 
HON. POM is regulated through the same surrogate as the HON, as 
described in this section. This category references the HON in its 
regulatory requirements and the rationale for surrogates chosen is 
identical to the HON.
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    The section 112(c)(6) category ``petroleum refining--all 
processes'' is subject to two NESHAPs for petroleum refineries (NESHAP 
for Petroleum Refineries, 60 FR 43244, and NESHAP for Petroleum 
Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and 
Sulfur Recovery Units, 67 FR 17762). In the NESHAPs for petroleum 
refineries, the EPA set MACT standards for total organic carbon,\33\ 
which serves as a surrogate for POM emitted from combustion processes. 
POM is a constituent of total organic carbon and is controlled through 
the same combustion process as other organic carbon-containing 
compounds emitted by this source category. Sources subject to standards 
for total organic carbon in the NESHAP for petroleum refineries subject 
organic compounds, including POM, to MACT levels of control through 
combustion. POM, as well as other organic compounds, are 
indiscriminately and effectively destroyed through combustion and there 
is no technical reason to distinguish between POM and other organic 
compounds controlled through this process. The MACT standard for total 
organic carbon in the NESHAP is 98 percent destruction of organic 
compounds including POM or an outlet concentration of 20 ppmv. See 63 
FR 48896.
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    \33\ This NESHAP also allows sources to measure total organic 
HAP for compliance purposes.
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    The NESHAP for Asphalt Roofing Manufacturing (68 FR 24561) 
regulates POM and other organic HAP through total hydrocarbons (THC) as 
a surrogate. As explained in the final rule, the combustion controls 
required in the NESHAP effectively control hydrocarbons, including POM 
and other organic HAP. Emissions of POM and other organic HAP are 
controlled equally with other hydrocarbons and there was no technical 
reasons to differentiate between POM and other hydrocarbons when 
establishing the MACT standard. See 68 FR 24566.
3. Carbon Monoxide
    In the NESHAP for Reciprocating Internal Combustion Engines (RICE) 
(69 FR 33474), the EPA established emission standards for carbon 
monoxide as a surrogate for emissions of organic hazardous air 
pollutants (including POM). POM and carbon monoxide are both emitted 
due to incomplete combustion. Low levels of carbon monoxide are an 
indicator of good combustion practices. POM is a by-product of 
combustion and good combustion practices minimize emissions of POM. 
While the relationship between CO and POM was not discussed in the 
context of section 112(c)(6) in the RICE rulemaking, it was discussed 
in a number of other rules such as the Major Source Boilers NESHAP (76 
FR 15608) and the section 129 standard for Hospital/Medical/Infectious 
Waste Incinerators (74 FR 51368). This approach is based on the 
demonstrated relationship between the combustion process and these 
pollutants. Combustion, such as occurs in the units subject to the RICE 
NESHAP and other rules, is the process of breaking apart the organic 
(i.e., carbon-containing) molecules in the fuel and converting them to 
carbon dioxide. Perfectly complete combustion would

[[Page 74680]]

convert all of the carbon in the fuel to carbon dioxide. Completeness 
of the combustion process is dependent on several variables, including 
temperature, amount of oxygen, and mixing of the fuel and oxygen. 
Incomplete combustion results in production of partly broken down and 
partially oxidized organic compounds, including CO and POM. Because the 
conversion of CO to carbon dioxide is a difficult step, and the last 
one in the destruction of hydrocarbons, including organic HAPs, it is a 
good indicator of the completeness of combustion. Thus, decreasing 
levels of CO are correlated with increasing destruction of organic 
compounds until a threshold is reached where, because combustion of CO 
is the last step in combustion, the combustion of organic materials is 
essentially complete. CO concentration is thus an indicator of the 
level of destruction of organic compounds, and accordingly can be used 
as a surrogate to control the emissions of organic HAPs.

B. Surrogates for Hexachlorobenzene (HCB)

    As shown in the updated 1990 baseline inventory (Table 1), two 
source categories (pesticides manufacturing and chlorinated solvents 
production) composed 100 percent of the 1990 baseline HCB emissions.
    Chlorinated solvents production is subject to the HON. 59 FR 19402. 
In the HON NESHAP, EPA subject HCB emissions from chlorinated solvent 
production to MACT level of control by regulating total organic HAP, 
which serves as a surrogate for HCB. Consistent with section 112(c)(6), 
the EPA considered HCB emissions in developing the HON. HCB was 
identified as an organic HAP that would be subject to the HON. See 59 
FR 19463 (Table 1 to subpart F). The EPA assumed that production of HCB 
would result in air emissions from gaseous discharges from reactors and 
other equipment as well as losses of process fluids from equipment seal 
failures, emissions from product storage and transfer, and emissions 
from wastewater containing HCB. The estimates of emissions from these 
processes were derived from information on the processes, physical 
property information for HCB, and well-established engineering 
calculations for different types of releases.
    In most of the analyses, the EPA grouped all of the organic HAP 
(including HCB) together and looked at the total organic HAP for 
purposes of applying controls and projecting emissions reductions. For 
the chlorinated solvents production source category, this was 
appropriate because emissions of HCB come from the same types of 
activities and operations as emissions of the other HAP and because 
most of the control technologies required under section 112(d) were 
expected to have essentially the same performance regardless of the 
individual compound. In other words, the EPA had no technical reason to 
make distinctions among various organic HAP except in the case of 
wastewater, for which the EPA promulgated organic HAP-specific 
standards (discussed below). As a result, the control measures required 
by the HON reduce emissions of HCB and other organic HAP from process 
vents, storage vessels, transfer racks, and equipment leaks. Emissions 
of HCB during its production are not controlled differently than 
emissions of other organic HAP.
    By contrast, the EPA did not group all of the organic HAP together 
for wastewater because different HAP compounds have different physical 
properties when mixed with water. The analyses for wastewater streams 
were conducted on an organic HAP-specific basis, and the EPA 
promulgated organic HAP-specific standards for wastewater streams, 
including a specific standard for HCB, based upon physical property 
information for each HAP. See 40 CFR part 63, subpart G, Appendix 
(Table 9, listing the removal requirements for each, including a 99 
percent removal requirement for HCB). The removal requirement for HCB 
is designed to reduce emissions of HCB from wastewater streams 
generated during HCB production.
    The section 112(c)(6) source categories, ``pesticide manufacture 
and agricultural chemicals'' are subject to the NESHAP for Pesticide 
Active Ingredient Production (64 FR 33550). In this NESHAP, the EPA set 
MACT standards for total organic carbon and total organic HAP, which 
serve as surrogates for hexachlorobenzene. 64 FR 33549 (June 23, 1999). 
HCB is a constituent of each surrogate and the same logic for the 
choice of surrogate discussed for the HON above applies here (i.e., the 
combustion processes that serve as the basis for MACT indiscriminately 
and effectively control HCB along with other organic HAP compounds). 
Other sources, such as wastewater, were required to comply with organic 
HAP-specific standards found in the HON, which specifically lists HCB 
as one of the HAP emitted from the source category and provided HCB-
specific control requirements. See 59 FR 19463, table listing HCB as 
one of the section 112 organic HAP subject to the rule.

V. Conclusion

    In light of the information presented in this document, the EPA 
proposes that we have fulfilled the 90 percent requirements for all 
section 112(c)(6) HAP. The EPA proposes that sources accounting for at 
least 90 percent of the aggregate emissions of each section 112(c)(6) 
HAP are ``subject to standards'' for the purposes of section 112(c)(6).

VI. 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 and was 
therefore not submitted to the OMB for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because it does not contain any information collection 
activities.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
does not alter any of the standards discussed in this document.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. This proposed action does not materially alter 
the stringency of any standards discussed in this document. Thus, 
Executive Order 13175 does not apply to this action.

[[Page 74681]]

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because the EPA 
does not believe the environmental health risks or safety risks 
addressed in this action present a disproportionate risk to children. A 
health and risk assessment was not performed for this action because it 
does not alter any of the regulations discussed in this action.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a subject to Executive Order 13211, because it 
is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low income 
or indigenous populations because it does not affect the level of 
protection provided to human health or the environment. An 
environmental justice evaluation was not performed for this action 
because it does not alter any of the regulations discussed in this 
action.

List of Subjects

40 CFR Part 60

    Administrative practice and procedure, Air pollution control, 
Intergovernmental relations, Reporting and recordkeeping requirements.

40 CFR Part 63

    Administrative practice and procedure, Air pollution control, 
Hazardous materials, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: December 10, 2014.
Gina McCarthy,
Administrator.
[FR Doc. 2014-29482 Filed 12-15-14; 8:45 am]
BILLING CODE 6560-50-P