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

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 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. What is the background for the 

amendments? 

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

published 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 risk and technology 

review 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 the 

Federal Register at 76 FR 29072, May 

19, 2011. In the 2012 final rule, this 

standard inadvertently included 

correction to 4-percent CO2. See the 

Federal Register at 77 FR 582, January 

5, 2012. 

Finally, petitioners asked the EPA to 

clarify several monitoring provisions for 

total enclosures. Industry requested 

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 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). 

The EPA is issuing the amendments 

as a direct final rule, without a prior 

proposal, because we view the revisions 

as noncontroversial and anticipate no 

adverse comment. The EPA never 

intended to remove the pre-January 

2012 NESHAP from the Code of Federal 

Regulations (CFR), and no commenters 

suggested such an action. Additionally, 

the errors in Table 3 to subpart X of part 

63 and the THC correction for furnace 

charging process fugitive emissions are 

simply typographical errors. The 

differential pressure monitoring 

clarifications do not alter the impacts of 

the 2012 final rule and simply clarify 

requirements from that rulemaking. The 

monitoring clarifications include the 

following: Clarifying the definition of 

windward wall; clarifying how to 

monitor pressure in situations where 

smaller enclosures are located within 

larger full enclosures; clarifying the 

averaging time for the monitoring; and 

clarifying the calibration requirements 

for the monitoring equipment. However, 

in the Proposed Rules section of this 

Federal Register issue, the EPA is also 

publishing a separate document that 

will serve as the proposal to amend the 

Secondary Lead Smelting NESHAP with 

the same amendments contained in this 

direct final action if significant adverse 

comments are submitted. The EPA will 

not institute a second comment period 

on this action. Any parties interested in 

commenting must do so at this time. 

The EPA will address all public 

comments in any subsequent final rule 

based on the proposed rule. We will 

address other issues for which we have 

received requests for reconsideration in 

a separate proposal that will be 

published at a later date. 

II. What are the changes to the final 

rule? 

We are clarifying compliance 

requirements for existing sources for the 

period beginning January 5, 2012, and 

ending on the compliance date for 

existing sources established in the final 

rule published in the Federal Register at 

77 FR 584, January 5, 2012. See 40 CFR 

63.546(a). When the final rule was 

published in the Federal Register, the 

subpart was reprinted in its entirety to 

aid the public in locating and 

understanding the requirements for 

secondary lead smelters. This 

inadvertently removed the earlier 

version of 40 CFR part 63, subpart X 

from the CFR. This direct final rule 

clarifies that secondary lead smelters 

that commenced construction or 

reconstruction before May 19, 2011 (i.e., 

all sources existing as of that time, 

which includes sources classified as 

both existing and new under the 

previous rule), are still subject to the 

requirements of subpart X for new and 

existing sources that were effective prior 

to the January 5, 2012, amendments, 

and remain subject to those provisions 

until the compliance date for the 

January 5, 2012, amendments. 

Specifically, sources that were classified 

as new under the previous rule, (i.e., 

those which commenced construction 

after June 9, 1994) are subject to the 

previous rule’s new source standards 

(codified at former 40 CFR 63.543 

through 63.545). Existing sources under 

the previous rule are subject to the 

previous rule’s existing source 

standards (codified at former 40 CFR 

63.543 through 63.545). We have added 

paragraph (c) to 40 CFR 63.546 to 

correct this inadvertent error. 

The EPA is also correcting 

typographical errors in Table 3 to 

subpart X of part 63. The table did not 

include all of the 2005 WHO TEF and 

had incorrect TEF values for some of the 

congeners included in the table. The 

EPA is not changing the emission 

standards for dioxins and furans from 

the 2012 final rule or using different 

congeners than we intended to include 

in the 2011 proposed rule or 2012 final 

rule. 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/)’’. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Rules and Regulations 369 

We are removing the CO2 correction 

requirement that we inadvertently 

added to 40 CFR 63.543(f) in the final 

rule. We did not intend to make this 

change between the proposed and final 

rules, did not receive comments on this 

issue, and did not discuss it in the 

preamble to the final rule or supporting 

documents. The hoods that capture 

furnace charging process fugitive 

emissions draw a large amount of excess 

ambient air with very low 

concentrations of CO2. Measured 

concentrations of THC would be 

inappropriately multiplied by 10 if CO2

corrections were required for these 

sources. This amendment will not 

change the impacts of the 2012 final 

rule since we did not intend to make 

this change between the proposed and 

final rules. 

We are also clarifying five parts of the 

rule establishing differential pressure 

monitoring requirements for negative 

pressure enclosures. These corrections 

are intended to clarify existing 

requirements and do not change the 

impacts of the final rule. 

1. Placement of Pressure Monitors for 

Total Enclosures Inside Larger 

Structures 

Industry petitioners requested that the 

EPA clarify how differential pressure 

monitors should be arranged within 

total enclosures when those enclosures 

exist within or as part of a larger 

structure. The EPA granted 

reconsideration in order to provide 

needed clarifications. In the 2012 final 

rule, differential pressure monitors are 

required on walls within a total 

enclosure to ensure negative pressure is 

maintained within the enclosure. See 40 

CFR 63.548(k). The EPA included 

definitions for ‘‘windward’’ and 

‘‘leeward’’ walls to determine which 

walls within a total enclosure should 

have differential pressure monitors. 

Windward and leeward walls were 

defined using prevailing ambient wind 

directions. See 40 CFR 63.542. Industry 

petitioners stated that some total 

enclosures are within larger structures 

that shield the total enclosure from 

impacts of ambient wind. Furthermore, 

we have determined there are 

significant technical difficulties 

associated with monitoring negative 

pressure in areas that open into other 

areas that are also under negative 

pressure. Therefore, as explained in 

more detail under item number 5 below, 

in situations where smaller enclosures 

are contained within larger total 

enclosed structures, we are clarifying 

that facilities only need to monitor 

pressure differential for the larger total 

enclosure. Furthermore, in this action, 

we are clarifying that in such situations, 

owners or operators may choose which 

wall to define as the ‘‘windward wall’’ 

for placing differential pressure 

monitors. We are also adding regulatory 

text that allows a permit authority to 

approve an alternative location for the 

third monitor placed between the 

windward and leeward wall monitors. 

Industry commenters stated that 

irregularly shaped enclosures would 

make it difficult to determine where to 

place the monitor under the current 

requirements. This clarification will not 

adversely affect the quality or frequency 

of data collection from differential 

pressure monitors. 

2. Averaging Time for Differential 

Pressure Monitoring Data 

The 2012 final rule for secondary lead 

smelters requires differential pressure 

monitors in order to demonstrate 

continuous compliance with the 

requirements of 40 CFR 63.544(c)(1). 

Industry petitioners stated that the 2012 

final rule creates uncertainty about how 

to handle data collected from 

differential pressure monitors. The 2012 

final rule did not explicitly state how to 

use the data collected from the 

monitors, although the rule did 

incorporate 40 CFR 63.10(b)(2)(vii), 

which requires records of 15-minute 

averages of data collected from 

continuous monitoring systems. In this 

action, we are clarifying that the data 

collected from the continuous pressure 

monitors must be used to calculate 15- 

minute averages that are used to 

demonstrate compliance. This 

amendment does not alter the impacts 

of the 2012 final rule. Rather, it simply 

clarifies the existing requirements 

already included in the 2012 rule by 

explicitly stating the requirements 

previously referenced in the general 

provisions. 

3. Differential Pressure Monitoring 

Device Accuracy 

The 2012 final rule included a 

requirement for differential pressure 

monitors with ‘‘minimum accuracy of 

plus or minus 0.001 millimeters of 

mercury (0.0005 inches of water).’’ See 

40 CFR 63.548(k)(3). Industry has 

expressed concerns that there are not 

monitors available with certified 

accuracy at the levels prescribed in the 

2012 final rule. We included the 

accuracy requirement in the 2012 final 

rule to ensure that the differential 

pressure monitors display and record 

data with sufficient sensitivity to 

demonstrate compliance with the 

standard. Our goal was to require 

monitors that display and record data 

with sufficient significant figures, rather 

than a specific certified accuracy level. 

We are clarifying this requirement in the 

regulatory text. We are changing the 

sensitivity requirement from 0.0005 

inches of water to 0.001 inches of water. 

Industry commenters noted difficulty 

finding monitors with sufficient 

sensitivity to meet the original 

requirement. Monitors capable of 

recording data in increments of 0.001 

inches of water are sufficient to 

determine compliance with the 

standard. This clarification will not 

have any impact on the cost or 

environmental impacts of the 2012 final 

rule or impact the quality or frequency 

of differential pressure data collection. 

4. Calibration Schedule for Differential 

Pressure Monitors 

We are amending the regulatory text 

to simplify requirements for calibrating 

differential pressure monitors. See 40 

CFR 63.548(k)(5). We have changed the 

regulatory text to require calibration per 

manufacturer’s specifications rather 

than on a prescribed schedule. It has 

come to our attention that some 

manufacturers of differential pressure 

monitors do not require or recommend 

calibration as frequently as once per 

year. The amended requirements will 

ensure that monitors are calibrated 

properly without requiring adjustments 

more frequently than manufacturers 

recommend. 

5. Monitoring Enclosures That Only 

Open Into Other Enclosures 

We are adding regulatory text to 

address how negative pressure within 

total enclosures must be monitored 

when those enclosures only open into 

other totally enclosed process areas. If a 

source, or group of sources, is in a 

totally enclosed part of a building that 

only opens into other areas that are also 

totally enclosed under negative 

pressure, the source only needs to 

monitor differential pressure on the 

outermost walls of the enclosure that 

opens to areas that are not enclosed 

under negative pressure. This change 

ensures that facilities maintain negative 

pressure in structures housing process 

areas without unnecessary monitoring 

requirements. It is redundant to monitor 

negative pressure in process areas that 

open into other totally enclosed process 

areas under negative pressure. 

Additionally, it has come to our 

attention that there are technical 

difficulties associated with monitoring 

negative pressure in areas that open into 

other areas also under negative pressure. 

The modified regulatory text will ensure 

that monitors are able to function 

properly by specifying that monitors are 

not to be placed on walls with no 


tkelley on DSK3SPTVN1PROD with RULES
370 Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Rules and Regulations 

exposure to ambient pressure on either 

side of the wall. 

We have not made any other changes 

to the final rule in this direct final 

action. We note that we are not reproposing, reconsidering, or in any 

other way re-opening any other aspects 

of the final rule for comment through 

this direct final action. 

III. 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’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993), and is, 

therefore, not subject to review under 

Executive Order 12866 and 13563 (76 

FR 3821, January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

action adds clarifications and 

corrections to the final standards. 

However, OMB has previously approved 

the information collection requirements 

contained in the existing regulation (40 

CFR part 63, subpart X) under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501, et seq., and has 

assigned OMB control number 2060– 

0296. The OMB control numbers for 

EPA’s regulations in 40 CFR are listed 

in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impact 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by Small Business 

Administration (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district, or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impact of this direct final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This final rule will not impose any 

requirements on small entities because 

it does not add any additional 

regulatory requirements and only 

clarifies the existing compliance 

requirements. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. The 

action imposes no enforceable duties on 

any state, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 or 205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments 

because it contains no requirements that 

apply to such governments nor does it 

impose obligations upon them. 

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, as specified in 

Executive Order 13132. This direct final 

rule primarily affects private industry, 

and does not impose significant 

economic costs on state or local 

governments. Thus, Executive Order 

13132 does not apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). It will not have substantial direct 

effect on tribal governments, on the 

relationship between the federal 

government and Indian tribes or on the 

distribution of power and 

responsibilities between the federal 

government and Indian tribes as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

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

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the EO has the 

potential to influence the regulation. 

This action is not subject to EO 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. This 

action simply clarifies certain 

requirements in the final rule and 

corrects typographical errors. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d) (15 U.S.C. 272 note) directs 

the EPA to use voluntary consensus 

standards (VCS) in its regulatory 

activities, unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. The VCS are 

technical standards (e.g., materials 

specifications, test methods, sampling 

procedures, and business practices) that 

are developed or adopted by VCS 

bodies. NTTAA directs the EPA to 

provide Congress, through OMB, 

explanations when the agency decides 

not to use available and applicable VCS. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies and activities on minority 

populations and low-income 

populations in the United States. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Rules and Regulations 371 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This action merely 

corrects and clarifies existing 

requirements, it does not change any 

regulatory requirements. 

K. Congressional Review Act 

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. The EPA will 

submit a report containing this final rule 

and other required information to the 

United States Senate, the United States 

House of Representatives and the 

Comptroller General of the United 

States prior to publication of the direct 

final 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). The 

final rule will be effective on March 4, 

2014. 

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. 

For the reasons stated in the 

preamble, part 63 of title 40, chapter I, 

of the Code of Federal Regulations is 

amended as follows: 

PART 63—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE 

CATEGORIES 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

■ 2. Amend § 63.542 by revising the 

definition of ‘‘Windward wall’’ to read 

as follows: 

§ 63.542 Definitions. 

* * * * * 

Windward wall means the exterior 

wall of a total enclosure that is most 

impacted by the wind in its most 

prevailing direction determined by a 

wind rose using available data from the 

closest representative meteorological 

station. When openings into enclosures 

are not impacted by ambient wind due 

to the enclosure being part of a larger 

structure, the owner or operator may 

designate which wall of the enclosure to 

define as the windward wall. 

■ 3. Amend § 63.543 by revising 

paragraph (f) to read as follows: 

§ 63.543 What are my standards for 

process vents? 

* * * * * 

(f) If you do not combine the furnace 

charging process fugitive emissions with 

the furnace process emissions, and 

discharge such emissions to the 

atmosphere through separate emissions 

points, you must maintain the total 

hydrocarbons concentration in the 

exhaust gas at or below 20 parts per 

million by volume, expressed as 

propane. 

* * * * * 

■ 4. Amend § 63.544 by revising the first 

sentence of paragraph (c) introductory 

text and adding paragraph (c)(3) to read 

as follows: 

§ 63.544 What are my total enclosure 

standards? 

* * * * * 

(c) You must construct and operate 

total enclosures for the sources listed in 

paragraph (a) of this section as specified 

in paragraphs (c)(1) through (3) of this 

section.* * * 

* * * * * 

(3) If areas that contain one or more 

sources listed in paragraphs (a)(1) 

through (9) of this section are enclosed 

within a larger building that also meets 

the definition of a total enclosure under 

§ 63.542, the requirements of paragraphs 

(c)(1) and (2) shall be monitored 

pursuant to § 63.548(k) at only one 

leeward, one windward and one 

additional wall of the outermost portion 

of the larger totally enclosed building 

rather than each individual area within 

the building. 

* * * * * 

■ 5. Amend § 63.546 by adding 

paragraph (c) to read as follows: 

§ 63.546 Compliance dates. 

* * * * * 

(c) Until the date specified in 

63.546(a), secondary lead smelters that 

commenced construction or 

reconstruction on or before May 19, 

2011, must continue to demonstrate 

compliance with the requirements of 

this subpart, codified in 40 CFR 63.541 

through 40 CFR 63.550, that were in 

effect prior to the January 5, 2012, 

amendments. This means that 

secondary lead smelters that 

commenced construction or 

reconstruction on or before June 9, 1994, 

must continue to demonstrate 

compliance with existing source 

requirements of this subpart that were 

in effect prior to the January 5, 2012, 

amendments until the date specified in 

§ 63.546(a). Secondary lead smelters 

that commenced construction or 

reconstruction after June 9, 1994, and on 

or before May 19, 2011, must continue 

to demonstrate compliance with new 

source requirements of this subpart that 

were in effect prior to the January 5, 

2012, amendments until the date 

specified in § 63.546(a). 

■ 6. Amend § 63.548 by revising 

paragraphs(k)(1)(iii), (k)(3), (k)(4) and 

(k)(5) to read as follows: 

§ 63.548 Monitoring requirements. 

* * * * * 

(k) * * * 

(1) * * * 

(iii) An exterior wall that connects the 

leeward and windward wall at a 

location defined by the intersection of a 

perpendicular line between a point on 

the connecting wall and a point on its 

furthest opposite exterior wall, and 

intersecting within plus or minus 10 

meters of the midpoint of a straight line 

between the two other monitors 

specified. The midpoint monitor must 

not be located on the same wall as either 

of the other two monitors. If approved 

by the permitting authority, this third 

monitor may be placed in an alternative 

location on the midpoint wall or an 

exterior wall that is not the windward 

wall, leeward wall or midpoint wall. 

* * * * * 

(3) The digital differential pressure 

monitoring systems must be certified by 

the manufacturer to be capable of 

measuring and displaying negative 

pressure containing values in the range 

of 0.01 to 0.2 millimeters mercury 

(0.005 to 0.11 inches of water) and 

capable of recording data in increments 

of 0.002 millimeters of mercury (0.001 

inches of water). 

(4) You must equip each digital 

differential pressure monitoring system 

with a continuous recorder. To 

demonstrate compliance with the 

standard for differential pressure, you 

must maintain the pressure in total 

enclosures such that the average 

pressure in any 15-minute period does 

not fall below the level specified in 

§ 63.544(c)(1). The 15-minute averages 

must include at least one reading per 

minute. 

(5) You must calibrate each digital 

differential pressure monitoring system 


tkelley on DSK3SPTVN1PROD with RULES
372 Federal Register / Vol. 79, No. 2 / Friday, January 3, 2014 / Rules and Regulations 

in accordance with manufacturer’s 

specifications. 

* * * * * 

■ 7. Section 63.550 is amended by 

revising paragraph (e)(10) to read as 

follows: 

§ 63.550 Recordkeeping and reporting 

requirements. 

* * * * * 

(e) * * * 

(10) Records of 15-minute periods 

when the pressure was not maintained 

as required in § 63.544(c) or power was 

lost to the continuous pressure 

monitoring system as required in 

§ 63.548(k). Records of which wall is 

chosen as the windward wall must be 

included in the records required by 

§ 63.10(c) if a total enclosure located 

within a larger structure is not impacted 

by ambient wind. 

* * * * * 

■ 8. Amend Table 3 to Subpart X of Part 

63—Toxic Equivalency Factors by 

revising to read as follows: 

TABLE 3 TO SUBPART X OF PART 63—TOXIC EQUIVALENCY FACTORS

Dioxin/furan congener 

Toxic 

equivalency 

factor 

2,3,7,8-tetrachlorinated dibenzo-p-dioxin ........................................................................................................................................ 1 

1,2,3,7,8-pentachlorinated dibenzo-p-dioxin .................................................................................................................................... 1 

1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin .................................................................................................................................. 0.1 

1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin .................................................................................................................................. 0.1 

1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin .................................................................................................................................. 0.1 

1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin .............................................................................................................................. 0.01 

octachlorinated dibenzo-p-dioxin ..................................................................................................................................................... 0.0003 

2,3,7,8-tetrachlorinated dibenzofuran .............................................................................................................................................. 0.1 

2,3,4,7,8-pentachlorinated dibenzofuran ......................................................................................................................................... 0.3 

1,2,3,7,8-pentachlorinated dibenzofuran ......................................................................................................................................... 0.03 

1,2,3,4,7,8-hexachlorinated dibenzofuran ....................................................................................................................................... 0.1 

1,2,3,6,7,8-hexachlorinated dibenzofuran ....................................................................................................................................... 0.1 

1,2,3,7,8,9-hexachlorinated dibenzofuran ....................................................................................................................................... 0.1 

2,3,4,6,7,8-hexachlorinated dibenzofuran ....................................................................................................................................... 0.1 

1,2,3,4,6,7,8-heptachlorinated dibenzofuran ................................................................................................................................... 0.01 

1,2,3,4,7,8,9-heptachlorinated dibenzofuran ................................................................................................................................... 0.01 

octachlorinated dibenzofuran ........................................................................................................................................................... 0.0003 

[FR Doc. 2013–31267 Filed 1–2–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R06–OW–2013–0221; FRL–9904–86] 

Ocean Dumping Regulations: 

Atchafalaya-West Ocean Dredged 

Material Disposal Site Designation; 

Calcasieu, Sabine Neches, and 

Atchafalaya-East Site Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule and technical 

amendment. 

SUMMARY: Pursuant to section 102(c) of 

the Marine Protection, Research and 

Sanctuaries Act of 1972 (MPRSA), the 

EPA today designates the AtchafalayaWest Ocean Disposal Site (ODMDSWest), located adjacent to and west of 

the Atchafalaya River Bar Channel 

(ARBC) of Louisiana as a permanent 

ocean dredged material disposal site 

(ODMDS). This designation will allow 

continued use of the site, which was 

previously designated a temporary site 

pursuant to MPRSA section 103(b). 

In addition to the designation, the 

EPA now issues a technical amendment 

to correct seven typographical errors. 

The designation of the Atchafalaya 

ODMDS-West disposal site does not by 

itself authorize the disposal of dredged 

material, but makes the site available for 

use for dredged material from the ARBC 

if no environmentally preferable, 

practicable alternative for managing that 

dredged material exists, and if analysis 

of the dredged material indicates that it 

is suitable for open-water disposal. This 

action is to designate adequate, 

environmentally-acceptable ocean 

disposal site capacity for suitable 

dredged material from the ARBC. 

DATES: This final rule is effective on 

February 3, 2014. 

ADDRESSES: The EPA established a 

docket for this action under Docket ID 

No. EPA–R06–OW–2013–0221. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Publicly available docket materials 

are available either electronically 

through http://www.regulations.gov or 

in hard copy at the Marine & Coastal 

Section (6WQ–EC), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

The file will be made available by 

appointment for public inspection in 

the Region 6 Freedom of Information 

Act Review Room between the hours of 

8:30 a.m. and 4:30 p.m. weekdays 

except for legal holidays. Contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT paragraph below 

to make an appointment. If possible, 

please make the appointment at least 

two working days in advance of your 

visit. There will be a 15 cent per page 

fee for making photocopies of 

documents. On the day of the visit, 

please check in at the EPA Region 6 

reception area at 1445 Ross Avenue, 

Suite 700, Dallas, Texas. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Franks, Ph.D., Marine and 

Coastal Section (6WQ–EC), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–8335, fax number (214) 665– 

6689; email address franks.jessica@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Regulatory Requirements 

IV. Statutory and Executive Order Reviews 


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