364 Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Rules and Regulations 

§ 260.10 Definitions. 

* * * * * 

Carbon dioxide stream means carbon 

dioxide that has been captured from an 

emission source (e.g., power plant), plus 

incidental associated substances derived 

from the source materials and the 

capture process, and any substances 

added to the stream to enable or 

improve the injection process. 

* * * * * 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 5. The authority citation for Part 261 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921, 

6922, 6924(y), and 6938 

■ 6. Section 261.4 is amended by adding 

paragraph (h) to read as follows: 

§ 261.4 Exclusions. 

* * * * * 

(h) Carbon dioxide stream injected for 

geologic sequestration. Carbon dioxide 

streams that are captured and 

transported for purposes of injection 

into an underground injection well 

subject to the requirements for Class VI 

Underground Injection Control wells, 

including the requirements in 40 CFR 

Parts 144 and 146 of the Underground 

Injection Control Program of the Safe 

Drinking Water Act, are not a hazardous 

waste, provided the following 

conditions are met: 

(1) Transportation of the carbon 

dioxide stream must be in compliance 

with U.S. Department of Transportation 

requirements, including the pipeline 

safety laws (49 U.S.C. 60101 et seq.) and 

regulations (49 CFR Parts 190–199) of 

the U.S. Department of Transportation, 

and pipeline safety regulations adopted 

and administered by a state authority 

pursuant to a certification under 49 

U.S.C. 60105, as applicable. 

(2) Injection of the carbon dioxide 

stream must be in compliance with the 

applicable requirements for Class VI 

Underground Injection Control wells, 

including the applicable requirements 

in 40 CFR Parts 144 and 146; 

(3) No hazardous wastes shall be 

mixed with, or otherwise co-injected 

with, the carbon dioxide stream; and 

(4)(i) Any generator of a carbon 

dioxide stream, who claims that a 

carbon dioxide stream is excluded 

under this paragraph (h), must have an 

authorized representative (as defined in 

40 CFR 260.10) sign a certification 

statement worded as follows: 

I certify under penalty of law that the 

carbon dioxide stream that I am claiming to 

be excluded under 40 CFR 261.4(h) has not 

been mixed with hazardous wastes, and I 

have transported the carbon dioxide stream 

in compliance with (or have contracted with 

a pipeline operator or transporter to transport 

the carbon dioxide stream in compliance 

with) Department of Transportation 

requirements, including the pipeline safety 

laws (49 U.S.C. 60101 et seq.) and regulations 

(49 CFR Parts 190–199) of the U.S. 

Department of Transportation, and the 

pipeline safety regulations adopted and 

administered by a state authority pursuant to 

a certification under 49 U.S.C. 60105, as 

applicable, for injection into a well subject to 

the requirements for the Class VI 

Underground Injection Control Program of 

the Safe Drinking Water Act. 

(ii) Any Class VI Underground Injection 

Control well owner or operator, who 

claims that a carbon dioxide stream is 

excluded under paragraph (h) of this 

section, must have an authorized 

representative (as defined in 40 CFR 

260.10) sign a certification statement 

worded as follows: 

I certify under penalty of law that the 

carbon dioxide stream that I am claiming to 

be excluded under 40 CFR 261.4(h) has not 

been mixed with, or otherwise co-injected 

with, hazardous waste at the Underground 

Injection Control (UIC) Class VI permitted 

facility, and that injection of the carbon 

dioxide stream is in compliance with the 

applicable requirements for UIC Class VI 

wells, including the applicable requirements 

in 40 CFR Parts 144 and 146. 

(iii) The signed certification statement 

must be kept on-site for no less than 

three years, and must be made available 

within 72 hours of a written request 

from the Administrator, Regional 

Administrator, or state Director (if 

located in an authorized state), or their 

designee. The signed certification 

statement must be renewed every year 

that the exclusion is claimed, by having 

an authorized representative (as defined 

in 40 CFR 260.10) annually prepare and 

sign a new copy of the certification 

statement within one year of the date of 

the previous statement. The signed 

certification statement must also be 

readily accessible on the facility’s 

publicly-available Web site (if such Web 

site exists) as a public notification with 

the title of ‘‘Carbon Dioxide Stream 

Certification’’ at the time the exclusion 

is claimed. 

[FR Doc. 2013–31246 Filed 1–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0668; FRL–9902–71– 

Region 9] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District, 

Mojave Desert Air Quality Management 

District, Monterey Bay Unified Air 

Pollution Control District, and South 

Coast Air Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Antelope Valley Air Quality 

Management District (AVAQMD), 

Mojave Desert Air Quality Management 

District (MDAQMD), Monterey Bay 

Unified Air Pollution Control District 

(MBUAPCD), and South Coast Air 

Quality Management District 

(SCAQMD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

architectural coatings, liquefied 

petroleum gas transfer, and ignition of 

barbecue charcoal. We are approving 

three local rules and rescinding one 

local rule that regulate these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule is effective on March 4, 

2014 without further notice, unless EPA 

receives adverse comments by February 

3, 2014. If we receive such comments, 

we will publish a timely withdrawal in 

the Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0668, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 


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Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Rules and Regulations 365 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, (415) 947– 

4126, law.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rules 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving and rescinding with the dates 

that they were adopted or rescinded by 

the local air agencies and submitted by 

the California Air Resources Board. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted/

amended Rescinded Submitted 

MDAQMD ...................... 1113 Architectural Coatings ......................................... 04/23/12 ........................ 02/06/13 

MBUAPCD ..................... 426 Architectural Coatings ......................................... 08/15/12 ........................ 04/22/13 

AVAQMD ....................... 1174 Control of Volatile Organic Compound Emissions from the Ignition of Barbecue Charcoal.10/05/90 11/20/12 04/22/13 

SCAQMD ....................... 1177 Liquefied Petroleum Gas Transfer and Dispensing.06/01/12 ........................ 02/06/13 

On April 9, 2013, EPA determined 

that the submittal for MDAQMD Rule 

1113 and SCAQMD Rule 1177 met the 

completeness criteria in 40 CFR Part 51 

Appendix V, which must be met before 

formal EPA review. On June 26, 2013, 

EPA determined that the submittal for 

MBUAPCD Rule 426 and AVAQMD 

Rule 1174 met the completeness criteria 

in 40 CFR Part 51 Appendix V, which 

must be met before formal EPA review. 

B. Are there other versions of these 

rules? 

There are no previous versions of 

SCAQMD Rule 1177 in the SIP. We 

approved an earlier version of 

AVAQMD Rule 1174 into the SIP on 

October 4, 1994 (59 FR 50498). Limited 

approvals of MDAQMD Rule 1113 and 

MBUAPCD Rule 426 were published on 

January 1, 2004 (69 FR 34) for inclusion 

in the SIP. The MDAQMD and 

MBUAPCD adopted revisions to the SIPapproved versions on April 23, 2012 

and August 15, 2012 and CARB 

submitted them to us on February 6, 

2013, and April 22, 2013. 

C. What is the purpose of the submitted 

rule revisions? 

VOCs help produce ground-level 

ozone and smog, which harm human 

health and the environment. Section 

110(a) of the CAA requires States to 

submit regulations that control VOC 

emissions. MDAQMD Rule 1113 and 

MBUAPCD Rule 426 lower VOC content 

limits of various architectural coatings 

and SCAQMD Rule 117 limits VOC 

emissions from liquefied petroleum gas 

transfer. AVAQMD Rule 1174 controlled 

VOC emissions from ignition of 

barbecue charcoal, but is being 

rescinded because EPA and CARB have 

adopted redundant regulations. EPA’s 

technical support documents (TSD) 

have more information about these 

rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for each 

category of sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each NOX or VOC major 

source in ozone nonattainment areas 

classified as moderate or above (see 

sections 182(b)(2) and 182(f)), and must 

not relax existing requirements (see 

sections 110(l) and 193). SCAQMD 

regulates an ozone nonattainment area 

classified as extreme for the 8-hour 

ozone NAAQS (see 40 CFR Part 81.305), 

so Rule 1177 must fulfill RACT. The 

MBUAPCD and MDAQMD rules 

regulate an area source and are not 

required to fulfill RACT, though we 

have evaluated them for enforceability, 

stringency, and backsliding. The 

rescission of the AVAQMD rule must 

not relax existing requirements (see 

sections 110(l) and 193 of the CAA). 

Guidance and policy documents that 

we use to evaluate enforceability and 

RACT requirements consistently 

include the following: 

1. ‘‘State Implementation Plans; 

General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ 57 FR 

13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

4. ‘‘Suggested Control Measure for 

Architectural Coatings,’’ CARB, October 

2007. 


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366 Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Rules and Regulations 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACT, and SIP 

relaxations. The AVAQMD is requesting 

rescission of rule 1174 because EPA and 

CARB have adopted similar regulations 

and we believe the rule rescission is 

consistent with policy and guidance. 

The TSDs have more information on our 

evaluation. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agencies modify the 

rules. 

D. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rules and rule rescission 

because we believe they fulfill all 

relevant requirements. We do not think 

anyone will object to this approval, so 

we are finalizing it without proposing it 

in advance. However, in the Proposed 

Rules section of this Federal Register, 

we are simultaneously proposing 

approval of the same submitted rules 

and rule rescission. If we receive 

adverse comments by February 3, 2014, 

we will publish a timely withdrawal in 

the Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on March 4, 

2014. This will incorporate the three 

rules into and remove the one rule from 

the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 4, 2014. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 25, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52 APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS. 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(184)(i)(B)(12), 

(c)(428)(i)(C) and (D), and (c)(429)(i)(C) 

to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(184) * * * 


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Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Rules and Regulations 367 

(i) * * * 

(B) * * * 

(12) Previously approved on October 

4, 1994 in paragraph (c)(184)(i)(B)(4) of 

this section and now deleted without 

replacement, for the Antelope Valley 

area only, Antelope Valley Rule 1174, 

previously South Coast Rule 1174. 

South Coast Rule 1174 remains in effect 

for the South Coast area. 

* * * * * 

(428) * * * 

(i) * * * 

(C) Mojave Desert Air Quality 

Management District. 

(1) Rule 1113, ‘‘Architectural 

Coatings,’’ amended on April 23, 2012. 

(D) South Coast Air Quality 

Management District. 

(1) Rule 1177, ‘‘Liquefied Petroleum 

Gas Transfer and Dispensing,’’ adopted 

on June 1, 2012. 

(429) * * * 

(i) * * * 

(C) Monterey Bay Unified Air 

Pollution Control District. 

(1) Rule 426, ‘‘Architectural 

Coatings,’’ amended on August 15, 

2012. 

* * * * * 

[FR Doc. 2013–30861 Filed 1–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2011–0344; FRL–9904–38– 

OAR] 

RIN 2060–AR66 

National Emissions Standards for 

Hazardous Air Pollutants from 

Secondary Lead Smelting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to promulgate amendments to a 

final rule that revised national emission 

standards for hazardous air pollutants 

for existing and new secondary lead 

smelters. The final rule was published 

on January 5, 2012. This direct final 

action amends certain regulatory text to 

clarify compliance dates. Additionally, 

we are making amendments to clarify 

certain provisions in the 2012 final rule 

related to monitoring of negative 

pressure in total enclosures. This action 

also corrects typographical errors in a 

table listing congeners of dioxins and 

furans and the testing requirements for 

total hydrocarbons. 

DATES: This rule is effective on March 4, 

2014 without further notice, unless the 

EPA receives adverse comment by 

February 3, 2014. If we receive adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule, or 

relevant provisions of this rule, will not 

take effect. 

ADDRESSES: You may submit comments, 

identified by Docket ID Number EPA– 

HQ–OAR–2011–0344, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov, 

Attention Docket ID Number EPA–HQ– 

OAR–2011–0344. 

• Fax: (202) 566–9744, Attention 

Docket ID Number EPA–HQ–OAR– 

2011–0344. 

• Mail: U.S. Postal Service, send 

comments to: EPA Docket Center, EPA 

West (Air Docket), Attention Docket ID 

Number EPA–HQ–OAR–2011–0344, 

U.S. Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include a total of two copies. 

• Hand Delivery: U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), Room 3334, 1301 Constitution 

Ave., NW., Washington, DC 20004, 

Attention Docket ID Number EPA–HQ– 

OAR–2011–0344. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions. Direct your comments to 

Docket ID Number EPA–HQ–OAR– 

2011–0344. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should not include 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at http:// 

www.epa.gov/dockets. 

Docket. The EPA has established a 

docket for this rulemaking under Docket 

ID Number EPA–HQ–OAR–2011–0344. 

All documents in the docket are listed 

in the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet, and will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http://

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Docket Center is 

(202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this action, contact Mr. 

Nathan Topham, Metals and Inorganic 

Chemicals Group, Sector Policies and 

Programs Division (D243–02), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

telephone number: (919) 541–0483; fax 

number: (919) 541–3207; and email 

address: topham.nathan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of this Document. The 

following outline is provided to aid in 

locating information in the preamble. 

I. What is the background for the 

amendments? 

II. What are the changes to the final rule? 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review, and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 


tkelley on DSK3SPTVN1PROD with RULES