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[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

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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.
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    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).
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    \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.
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    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \33\ This NESHAP also allows sources to measure total organic 
HAP for compliance purposes.
---------------------------------------------------------------------------

    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
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