Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Proposed Rules 379 

rules: Mojave Desert AQMD Rule 1113 

Architectural Coatings, Monterey Bay 

Unified APCD Rule 426 Architectural 

Coatings, Antelope Valley AQMD Rule 

1174 Control of Volatile Organic 

Compound Emissions from the Ignition 

of Barbecue Charcoal, and South Coast 

AQMD Rule 1177 Liquefied Petroleum 

Gas Transfer and Dispensing. In the 

Rules and Regulations section of this 

Federal Register, we are approving 

three of these local rules and rescinding 

one local rule in a direct final action 

without prior proposal because we 

believe these SIP revisions are not 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: September 25, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2013–30872 Filed 1–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2011–0344; FRL–9904–39– 

OAR] 

RIN 2060–AR66 

National Emissions Standards for 

Hazardous Air Pollutants From 

Secondary Lead Smelting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule amendments. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing amendments 

to a final rule that revised national 

emission standards for hazardous air 

pollutants for existing and new 

secondary lead smelters. The final rule 

was published on January 5, 2012. This 

action proposes amendments to clarify 

certain regulatory text related to 

compliance dates. Additionally, we are 

proposing amendments to clarify certain 

provisions in the 2012 final rule relating 

to monitoring of negative pressure in 

total enclosures. This action also 

proposes corrections of typographical 

errors in a table listing congeners of 

dioxins and furans and testing 

requirements for total hydrocarbons. 

DATES: Comments. Comments must be 

received on or before February 3, 2014, 

or 30 days after date of public hearing, 

if one is requested. If anyone contacts 

the EPA requesting a public hearing by 

January 10, 2014, the EPA will 

announce the details as to when the 

hearing will be held in a separate 

Federal Register notice. 

Public Hearing. The EPA will hold a 

public hearing on this proposed rule if 

requested. Requests for a hearing must 

be made by January 10, 2014. Contact 

Nathan Topham at topham.nathan@

epa.gov or (919) 541–0483 by January 

10, 2014 to request a public hearing. If 

a hearing is requested, the EPA will 

announce the details, including specific 

dates, times, addresses and contact 

information for the hearing, in a 

separate Federal Register notice. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

HQ–OAR–2011–0344, by one of the 

following methods: 

• 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 proposed action under 

Docket ID Number EPA–HQ–OAR– 

2011–0344. All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet, and will 

be publicly available only in hard copy. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov, or in hard copy at 

the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

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

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

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Docket Center is 

(202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this proposed action, 

contact Mr. Nathan Topham, Metals and 

Inorganic Chemicals Group, Sector 

Policies and Programs Division (D243– 


tkelley on DSK3SPTVN1PROD with PROPOSALS
380 Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Proposed Rules 

1USEPA. Documentation for Developing the 

Initial Source Category List—Final Report, USEPA/ 

OAQPS, EPA–450/3–91–030, July 1992. 

02), U.S. Environmental Protection 

Agency, Research Triangle Park, NC 

27711; telephone number: (919) 541– 

0483; fax number: (919) 541–3207; and 

email address: topham.nathan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of this Document. The 

following outline is provided to aid in 

locating information in the preamble. 

I. General Information 

A. Does this action apply to me? 

B. What should I consider as I prepare my 

comments for the EPA? 

C. What is the background for the proposed 

amendments? 

II. Direct Final Rule 

III. Statutory and Executive Order Reviews 

I. General Information 

A. Does this action apply to me? 

The regulated industrial source 

category that is the subject of this 

proposal is listed in Table 1 of this 

preamble. Table 1 of this preamble is 

not intended to be exhaustive, but rather 

provides a guide for readers regarding 

the entities likely to be affected by this 

proposed action. These standards, once 

finalized, will be directly applicable to 

affected sources. Federal, state, local 

and tribal government entities are not 

affected by this proposed action. As 

defined in the source category listing 

report published by the EPA in 1992, 

the Secondary Lead Smelting source 

category is defined as any facility at 

which lead-bearing scrap materials 

(including, but not limited to lead acid 

batteries) are recycled by smelting into 

elemental lead or lead alloys.1

TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS PROPOSED ACTION

Source category NESHAP NAICS1

code 

MACT 2

code 

Secondary Lead Smelting ................................................. Secondary Lead Smelting ................................................ 331492 0205 

1 North American Industry Classification System. 

2 Maximum Achievable Control Technology. 

B. What should I consider as I prepare 

my comments for the EPA? 

Submitting Confidential Business 

Information. Do not submit information 

containing CBI to the EPA through 

http://www.regulations.gov or email. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information on a disk or CD 

ROM that you mail to the EPA, mark the 

outside of the disk or CD ROM as CBI 

and then identify electronically within 

the disk or CD ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. If you 

submit a CD ROM or disk that does not 

contain CBI, mark the outside of the 

disk or CD ROM clearly that it does not 

contain CBI. Information not marked as 

CBI will be included in the public 

docket and the EPA’s electronic public 

docket without prior notice. Information 

marked as CBI will not be disclosed 

except in accordance with procedures 

set forth in 40 CFR part 2. Send or 

deliver information identified as CBI 

only to the following address: Roberto 

Morales, OAQPS Document Control 

Officer (C404–02), Office of Air Quality 

Planning and Standards, U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711, Attention Docket ID Number 

EPA–HQ–OAR–2011–0344. 

Docket. The docket number for this 

action is Docket ID Number EPA–HQ– 

OAR–2011–0344. 

World Wide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of this action will be 

posted on the WWW through the 

Technology Transfer Network Web site 

(TTN Web). Following signature, the 

EPA will post a copy of this action on 

the TTN’s policy and guidance page at 

http://www.epa.gov/ttn/oarpg. The TTN 

provides information and technology 

exchange in various areas of air 

pollution control. 

C. What is the background for the 

proposed amendments? 

On January 5, 2012 (77 FR 556), the 

EPA issued final amendments to the 

National Emissions Standards for 

Hazardous Air Pollutants (NESHAP) 

from Secondary Lead Smelting. The 

EPA has subsequently determined, 

following discussions with affected 

parties, that the final rule warrants 

clarification in four areas. 

The EPA inadvertently removed from 

40 CFR part 63, subpart X the 

requirement for facilities constructed or 

reconstructed on or before May 19, 

2011, to comply with the previous 

version of the NESHAP between 

promulgation of the January 5, 2012, 

amendments and the subsequent 

compliance date for existing sources, 

which is January 6, 2014. Since existing 

sources remain subject to the preexisting standards until the compliance 

date for the January 2012 standards, the 

EPA is amending the rule to restore the 

deleted language. 

The EPA received petitions for 

reconsideration of the final rule from 

the secondary lead smelting industry. 

One issue raised in the petitions relates 

to the table of dioxin and furan 

congeners contained in the regulatory 

text (Table 3 to Subpart X of Part 63— 

Toxic Equivalency Factors). This table 

included incorrect values for some 

dioxin toxic equivalency factors (TEF) 

and omitted some congeners. The EPA 

intended to use the 2005 World Health 

Organization (WHO) TEF in Table 3 to 

subpart X of part 63. See 76 FR 29051, 

‘‘The TEQ emissions will be calculated 

using the toxic equivalency factors 

(TEF) outlined by the World Health 

Organization (WHO) in 2005 (available 

at Web site: http://www.epa.gov/raf/

hhtefguidance/).’’ 

Industry petitioners expressed 

concern that the agency changed one 

aspect of the emission standard for total 

hydrocarbons (THC) between proposing 

and finalizing the RTR amendments for 

secondary lead smelters. In the 2011 

proposed rule, the total hydrocarbon 

standard for furnace charging process 

fugitive emissions that are not combined 

with furnace process emissions did not 

require correction to 4-percent carbon 

dioxide (CO2). See 76 FR 29072, May 19, 

2011. In the 2012 final rule, this 

standard inadvertently included 

correction to 4-percent CO2. See 77 FR 

582, January 5, 2012. 

Finally, petitioners asked the EPA to 

clarify several monitoring provisions for 

total enclosures. Industry requested 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Proposed Rules 381 

flexibility in defining the term 

‘‘windward wall’’ when a total 

enclosure is not impacted by ambient 

wind. The regulatory text was unclear 

where to place monitors when ambient 

wind does not affect the total enclosure. 

Petitioners requested clarification in 

how to monitor irregularly shaped 

enclosures or enclosures that are 

divided into multiple areas all under 

negative pressure. Petitioners also asked 

the EPA to clarify that data from 

differential pressure monitors should be 

used to calculate 15-minute averages. 

Petitioners also stated that the EPA 

should clarify the meaning of 

‘‘accuracy’’ in 40 CFR 63.548(k)(3). 

II. Direct Final Rule 

A direct final rule that would make 

the same changes as those proposed in 

this document appears in the Rules and 

Regulations section of this Federal 

Register. The EPA is taking direct final 

action on these amendments because we 

view the amendments as 

noncontroversial and anticipate no 

significant adverse comments. The EPA 

has explained our reasons for the 

amendments in the direct final rule. If 

no significant adverse comments are 

received, no further action will be taken 

on the proposal, and the direct final rule 

will become effective as provided in 

that action. 

If the EPA receives significant adverse 

comments, we will withdraw only those 

provisions on which we received those 

comments. The EPA will publish a 

timely withdrawal in the Federal 

Register indicating which provisions 

will become effective, and which 

provisions are being withdrawn. If part 

or the entire direct final rule in the 

Rules and Regulations section of this 

Federal Register is withdrawn, all 

comments pertaining to those 

provisions will be addressed in a 

subsequent final rule based on these 

proposed amendments. The EPA will 

not institute a second comment period 

on the subsequent final action. Any 

parties interested in commenting must 

do so at this time. 

The changes to the regulatory text 

proposed in this notice are identical to 

those for the direct final rule published 

in the Rules and Regulations section of 

this Federal Register. For further 

information, including the detailed 

rationale for the proposal and the 

regulatory revisions, see the direct final 

rule published in a separate part of this 

Federal Register. 

III. Statutory and Executive Order 

Reviews 

For a complete discussion of all of the 

administrative requirements applicable 

to this action, see the direct final rule in 

the ‘‘rules and Regulations’’ section of 

this Federal Register. 

List of Subjects for 40 CFR Part 63 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: December 20, 2013. 

Gina McCarthy, 

Administrator. 

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

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2012–0003; Internal 

Agency Docket No. FEMA–B–1241] 

Proposed Flood Hazard 

Determinations for Bullitt County, 

Kentucky and Incorporated Areas 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed notice; withdrawal. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) is 

withdrawing its proposed notice 

concerning proposed flood hazard 

determinations, which may include the 

addition or modification of any Base 

Flood Elevation, base flood depth, 

Special Flood Hazard Area boundary or 

zone designation, or regulatory 

floodway on the Flood Insurance Rate 

Maps, and where applicable, in the 

supporting Flood Insurance Study 

reports for Bullitt County, Kentucky and 

Incorporated Areas. 

DATES: This withdrawal is effective 

January 3, 2014. 

ADDRESSES: You may submit comments, 

identified by Docket No. FEMA–B– 

1241, to Luis Rodriguez, Chief, 

Engineering Management Branch, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–4064, 

or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: On March 

28, 2012, FEMA published a proposed 

notice at 77 FR 18837, proposing flood 

hazard determinations in Bullitt County, 

Kentucky. FEMA is withdrawing the 

proposed notice. 

Authority: 42 U.S.C. 4104; 44 CFR 67.4. 

Date: November 22, 2013. 

Roy E. Wright, 

Deputy Associate Administrator for 

Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2013–30946 Filed 1–2–14; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 130903776–3776–01] 

RIN 0648–BD66 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Modifications to 

Identification Markings on Fishing 

Gear Marker Buoys 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to revise the 

identification marking requirements for 

fishing gear marker buoys (buoys) used 

in Federal waters off Alaska. This 

proposed rule would eliminate the 

requirement that hook-and-line, 

longline pot, and pot-and-line buoys be 

marked with the vessel’s name. The 

requirement to mark buoys with either 

the vessel’s Federal fisheries permit 

number or Alaska Department of Fish 

and Game (ADF&G) number remains in 

effect. This action is needed to remove 

a regulatory requirement that is 

unnecessary. This action is intended to 

promote the goals and objectives of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (BSAI Groundfish 

FMP), the Fishery Management Plan for 

Groundfish of the Gulf of Alaska (GOA 

Groundfish FMP), and other applicable 

laws. 


tkelley on DSK3SPTVN1PROD with PROPOSALS