74656 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 

OAR–2014–0703, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

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

3. Mail or deliver: Andrew Steckel 

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

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

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

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, vineyard.christine@

epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal addresses the following local 

rules: (1) FRAQMD Rule 2.0, Open 

Burning and (2) FRAQMD Rule 3.17, 

Wood Heating Devices. In the Rules and 

Regulations section of this Federal 

Register, we are approving these local 

rules in a direct final action without 

prior proposal because we believe these 

SIP revisions are not controversial. If we 

receive adverse comments, however, we 

will publish a timely withdrawal of the 

direct final rule and address the 

comments in subsequent action based 

on this proposed rule. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: October 16, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2014–29283 Filed 12–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 63 

[EPA–HQ–OAR–2004–0505; FRL–9920–49– 

OAR] 

RIN 2060–AS42 

Completion of Requirement To 

Promulgate Emissions Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: In this action, the 

Environmental Protection Agency (EPA) 

proposes that it has completed its 

statutory obligation of the Clean Air Act 

to promulgate emissions standards for 

source categories accounting for not less 

than ninety percent of the aggregated 

emissions of each of the seven 

hazardous air pollutants enumerated in 

section 112(c)(6). This document 

explains the basis for the agency’s 

conclusion that it completed this 

obligation in February of 2011, 

identifies the promulgated standards 

that collectively satisfy the obligation, 

and provides the public an opportunity 

to comment. 

DATES: Comments must be received on 

or before February 17, 2015. 

Public Hearing. If anyone contacts the 

EPA requesting to speak at a public 

hearing by December 22, 2014, a public 

hearing will be held on December 31, 

2014 at the U.S. EPA building at 109 

T.W. Alexander Drive, Research 

Triangle Park, NC 27711. If you are 

interested in requesting a public hearing 

or attending the public hearing, contact 

Ms. Virginia Hunt at (919) 541–0832 or 

at hunt.virginia@epa.gov. If the EPA 

holds a public hearing, the EPA will 

keep the record of the hearing open for 

30 days after completion of the hearing 

to provide an opportunity for 

submission of rebuttal and 

supplementary information. Under the 

Paperwork Reduction Act, comments on 

the information collection provisions 

are best assured of having full effect if 

the Office of Management and Budget 

(OMB) receives a copy of your 

comments on or before January 15, 

2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

HQ–OAR–2004–0505, by one of the 

following methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Agency Web site: http://www.epa.

gov/oar/docket.html. Follow the 

instructions for submitting comments 

on the EPA Air and Radiation Docket 

Web site. 

• Email: a-and-r-docket@epa.gov. 

Include EPA–HQ–OAR–2004–0505 in 

the subject line of the message. 

• Fax: Fax your comments to: (202) 

566–9744, Attention Docket ID Number 

EPA–HQ–OAR–2004–0505. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mail Code 28221T, Attention Docket ID 

No. EPA–HQ–OAR–2004–0505, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. Please mail a copy of your 

comments on the information collection 

provisions to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB), Attn: 

Desk Officer for the EPA, 725 17th 

Street NW., Washington, DC 20503. 

• Hand Delivery or Courier: EPA 

Docket Center, Room 3334, EPA WJC 

West Building, 1301 Constitution 

Avenue NW., Washington, DC 20004, 

Attention Docket ID Number EPA–HQ– 

OAR–2004–0505. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID Number EPA–HQ–OAR– 

2004–0505. The EPA policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided 

unless the comment includes 

information claimed to be confidential 

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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 74657 

business information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http://

www.regulations.gov or email. The 

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

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption and be free of any defects or 

viruses. For additional information 

about the EPA public docket, visit the 

EPA Docket Center homepage at 

http://www.epa.gov/epahome/

dockets.htm. 

Docket. The EPA has established a 

docket for this rulemaking under Docket 

ID Number EPA–HQ–OAR–2004–0505. 

All documents in the docket are listed 

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

Although listed in the index, some 

information is not publicly available 

(e.g., CBI or other information whose 

disclosure is restricted by statute). 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http://

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA WJC West 

Building, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. The Public 

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

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

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Docket Center is 

(202) 566–1742. 

Public Hearing. If anyone contacts the 

EPA requesting a public hearing by 

December 22, 2014, the public hearing 

will be held on December 31, 2014 at 

the EPA’s campus at 109 T.W. 

Alexander Drive, Research Triangle 

Park, North Carolina. The hearing will 

begin at 10:00 a.m. (Eastern Standard 

Time) and conclude at 5:00 p.m. 

(Eastern Standard Time). There will be 

a lunch break from 12:00 p.m. to 1:00 

p.m. Please contact Ms. Virginia Hunt at 

(919) 541–0832 or at hunt.virginia@

epa.gov to register to speak at the 

hearing or to inquire as to whether or 

not a hearing will be held. The last day 

to pre-register in advance to speak at the 

hearing will be December 29, 2014. 

Additionally, requests to speak will be 

taken the day of the hearing at the 

hearing registration desk, although 

preferences on speaking times may not 

be able to be accommodated. If you 

require the service of a translator or 

special accommodations such as audio 

description, please let us know at the 

time of registration. If you require an 

accommodation, we ask that you preregister for the hearing, as we may not 

be able to arrange such accommodations 

without advance notice. The hearing 

will provide interested parties the 

opportunity to present data, views or 

arguments concerning the proposed 

action. The EPA will make every effort 

to accommodate all speakers who arrive 

and register. Because these hearing are 

being held at U.S. government facilities, 

individuals planning to attend the 

hearing should be prepared to show 

valid picture identification to the 

security staff in order to gain access to 

the meeting room. Please note that the 

REAL ID Act, passed by Congress in 

2005, established new requirements for 

entering federal facilities. If your 

driver’s license is issued by Alaska, 

American Samoa, Arizona, Kentucky, 

Louisiana, Maine, Massachusetts, 

Minnesota, Montana, New York, 

Oklahoma or the state of Washington, 

you must present an additional form of 

identification to enter the federal 

building. Acceptable alternative forms 

of identification include: Federal 

employee badges, passports, enhanced 

driver’s licenses and military 

identification cards. In addition, you 

will need to obtain a property pass for 

any personal belongings you bring with 

you. Upon leaving the building, you 

will be required to return this property 

pass to the security desk. No large signs 

will be allowed in the building, cameras 

may only be used outside of the 

building and demonstrations will not be 

allowed on federal property for security 

reasons. The EPA may ask clarifying 

questions during the oral presentations, 

but will not respond to the 

presentations at that time. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as oral comments and supporting 

information presented at the public 

hearing. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this proposed rule, 

contact Mr. Nathan Topham, Office of 

Air Quality Planning and Standards; 

Sector Policies and Programs Division, 

Metals and Inorganic Chemicals Group 

(D243–02); Environmental Protection 

Agency; Research Triangle Park, NC 

27111; telephone number: (919) 541– 

0483; fax number: (919) 541–3207; 

email address: topham.nathan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

The information presented in this 

preamble is organized as follows: 

I. General Information 

A. What should I consider as I prepare my 

comments to the EPA? 

B. Where can I get a copy of this 

document? 

II. Background Information 

A. What is the statutory background for 

this action? 

B. What is the litigation history regarding 

this action? 

III. How has the EPA satisfied its obligation 

under Clean Air Act section 112(c)(6)? 

A. How did the EPA determine what 

regulations would collectively satisfy the 

90 percent requirement under section 

112(c)(6)? 

B. What is the total updated 1990 baseline 

inventory of source categories that emit 

section 112(c)(6) HAP and which source 

categories are determined by the EPA to 

be necessary to meet the 90 percent 

requirement under section 112(c)(6)? 

C. What changes have been made to the 

1990 baseline inventory since the 1998 

notice? 

D. What are the emissions standards that 

the EPA has promulgated to meet the 90 

percent requirement under section 

112(c)(6)? 

IV. Surrogate Pollutants Used by the EPA To 

Ensure That the Section 112(c)(6) 

Requirements Are Fulfilled 

A. Surrogates for POM 

B. Surrogates for Hexachlorobenzene (HCB) 

V. Conclusion 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

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74658 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 

1Section 112(c)(6) also states that ‘‘This 

paragraph shall not be construed to require the 

Administrator to promulgate standards for such 

pollutants emitted by electric utility steam 

generating units.’’ 

2Referred to elsewhere in this document as 

‘‘HCB.’’ 

3Referred to elsewhere in this document as 

‘‘PCBs.’’ 

4Referred to elsewhere in this document as 

‘‘furan.’’ 

5Referred to elsewhere in this document as 

‘‘dioxin.’’ Note that dioxin and furan emissions are 

grouped together for the purpose of the 1990 

baseline inventory in Table 1 of this preamble. 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. General Information 

A. What should I consider as I prepare 

my comments to the EPA? 

Submitting CBI. Do not submit 

information containing CBI to the EPA 

through http://www.regulations.gov or 

email. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information on a disk or CD 

ROM that you mail to the EPA, mark the 

outside of the disk or CD ROM as CBI 

and then identify electronically within 

the disk or CD ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. If you 

submit a CD ROM or disk that does not 

contain CBI, mark the outside of the 

disk or CD ROM clearly that it does not 

contain CBI. Information not marked as 

CBI will be included in the public 

docket and the EPA’s electronic public 

docket without prior notice. Information 

marked as CBI will not be disclosed 

except in accordance with procedures 

set forth in 40 CFR part 2. Send or 

deliver information identified as CBI 

only to the following address: OAQPS 

Document Control Officer (C404–02), 

Office of Air Quality Planning and 

Standards, U.S. Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711, Attention 

Docket ID Number EPA–HQ–OAR– 

2004–0505. 

B. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of this 

proposal will also be available on the 

Internet through the EPA’s Technology 

Transfer Network (TTN). Following 

signature by the EPA Administrator, a 

copy of this proposed action will be 

posted on the TTN’s policy and 

guidance page for newly proposed or 

promulgated rules at the following 

address: http://www.epa.gov/ttn/atw/

eparules.html. The TTN provides 

information and technology exchange in 

various areas of air pollution control. 

II. Background Information 

A. What is the statutory background for 

this action? 

Section 112(c)(6) of the Clean Air Act 

requires EPA to take action 1 with 

respect to seven specific persistent, 

bioaccumulative hazardous air 

pollutants (HAP). The section states, 

‘‘With respect to alkylated lead 

compounds, polycyclic organic matter, 

hexachlorobenzene,2 mercury, 

polychlorinated biphenyls,3 2,3,7,8- 

tetrachlorodibenzofurans 4 and 2,3,7,8- 

tetrachlorodibenzo-p-dioxin,5 the 

Administrator shall, not later than 5 

years after November 15, 1990, list 

categories and subcategories of sources 

assuring that sources accounting for not 

less than 90 per centum of the aggregate 

emissions of each such pollutant are 

subject to standards under subsection 

(d)(2) or (d)(4) of this section.’’ 

Section 112(c)(6) requires the EPA to 

ensure that sources responsible for 90 

percent of the aggregate emissions of 

each of the seven specified pollutants 

are subject to standards under sections 

(d)(2) or (d)(4) of this section. 42 U.S.C. 

7412(c)(6). It requires the EPA to list, by 

November 15, 1995, source categories 

assuring that sources responsible for 90 

percent of the aggregate emissions are 

subject to emission standards pursuant 

to section 112(d)(2) or (4), and to 

promulgate such standards by 

November 15, 2000. Under section 

112(d)(2), the EPA imposes emission 

standards that require ‘‘the maximum 

degree of reduction in emissions of the 

[HAPs]’’ that the EPA concludes are 

achievable based on a consideration of 

factors identified in the statute. 42 

U.S.C. 7412(d)(2). These are referred to 

as ‘‘maximum achievable control 

technology’’ or ‘‘MACT.’’ Section 

112(d)(4) authorizes the EPA to set a 

health-based standard for a limited set 

of hazardous air pollutants for which a 

health threshold has been established, 

and that standard must provide for ‘‘an 

ample margin of safety.’’ 42 U.S.C. 

7412(d)(4). 

B. What is the litigation history 

regarding this action? 

In 2001, Sierra Club filed suit in the 

U.S. District Court for the District of 

Columbia asserting, among other 

allegations, that the EPA had failed to 

promulgate emission standards 

sufficient to satisfy the 90 percent 

requirement in CAA section 112(c)(6). 

See Sierra Club v. Jackson, No. 01–1537 

(D.D.C.). In an order issued March 31, 

2006 (‘‘2006 order’’), the district court 

set a deadline (later extended) for the 

EPA to complete that task. Sierra Club 

v. Johnson, 444 F. Supp. 2d 46, 59 

(D.D.C. 2006). In the course of that suit, 

the EPA explained that ‘‘once [it] 

completes emission standards for the 

remaining source categories under 

section 112(c)(6), it intends to issue a 

notice that explains how it has satisfied 

the requirements of section 112(c)(6) in 

terms of issuing emission standards for 

the source categories that account for 

the statutory thresholds identified in 

section 112(c)(6).’ ’’ Id. 

On March 21, 2011, having 

promulgated standards sufficient to 

meet the 90 percent requirement under 

section 112(c)(6), the EPA published a 

notice in the Federal Register (FR) 

announcing it had met its statutory 

obligation. Completion of Requirement 

to Promulgate Emission Standards, 76 

FR 15308 (March 21, 2011) (‘‘90 Percent 

Notice’’ or ‘‘Notice’’). The March 21, 

2011, notice contained the EPA 

Administrator’s conclusion that ‘‘EPA 

has completed sufficient standards to 

meet the 90-percent requirement under 

. . . section 112(c)(6).’’ 76 FR 15308. 

The Administrator based that 

determination on a technical 

memorandum ‘‘document[ing] the 

actions the Agency has taken to meet 

these requirements.’’ Id. The technical 

memorandum titled Emission Standards 

for Meeting the Ninety Percent 

Requirement under Section 112(c)(6) of 

the Clean Air Act, which is available in 

the docket for this action (Docket ID: 

EPA–HQ–OAR–2004–0505), included 

an updated 1990 baseline inventory, an 

updated list of the source categories 

necessary to meet the 90 percent 

requirement, and a list of emission 

standards the EPA has promulgated for 

these source categories. 

In 2011, Sierra Club filed suit in U.S. 

Court of Appeals for the District of 

Columbia (D.C. Circuit) challenging the 

March 21, 2011, notice. The D.C. Circuit 

vacated the notice, holding that the 

notice was a legislative rulemaking that 

must be issued through a notice and 

comment rulemaking. Sierra Club v. 

EPA, 699 F.3d 530, 535 (D.C. Cir. 2012). 

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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 74659 

6The EPA chose 1990 as the baseline year 

because that was when the section 112(c)(6) 

requirements came into force as part of the CAA 

Amendments of 1990. See 62 FR 33627. 7The EPA considers standards promulgated 

under section 129 as substantively equivalent to 

those promulgated under section 112(c)(6). 63 FR 

17846. 

In 2013, Sierra Club filed a motion 

with the district court, seeking 

enforcement of the 2006 order. In an 

opinion dated July 25, 2014, the district 

court held that the EPA failed to comply 

with the 2006 order and directed the 

EPA to initiate a process of notice and 

comment rulemaking before the agency 

reissues, reconsiders or modifies its 

determination regarding section 

112(c)(6). Therefore, the EPA is issuing 

this proposed rule as ordered by the 

district court and providing an 

opportunity for comment on the EPA’s 

proposed determination that it has 

fulfilled the requirements of section 

112(c)(6). 

III. How has the EPA satisfied its 

obligation under clean air act section 

112(c)(6)? 

A. How did the EPA determine what 

regulations would collectively satisfy the 

90 percent requirement under section 

112(c)(6)? 

In 1998, the EPA published an initial 

list of source categories and 

subcategories in the Federal Register 

that the agency at that time believed it 

needed to regulate under section 

112(c)(6) to satisfy that provision’s 90 

percent requirement. 63 FR 17838, April 

10, 1998. The EPA first developed a 

1990 baseline inventory 6 which 

identified all known sources of the 

section 112(c)(6) HAPs at the time and 

included estimated national annual 

emissions for each source category as of 

1990. 63 FR 17847, Table 1. The EPA 

then identified source categories 

considered subject to standards under 

112(d)(2) and (d)(4), as well as those 

subject to section 129 standards.7 63 FR 

17842. See also Table 2 of the 1998 

Notice, 63 FR 17849. The EPA found 

that a majority of the source categories 

needed to achieve the 90 percent 

requirement were already subject to 

either section 112(d)(2) or (d)(4) 

standards or section 129 standards or 

listed for such regulation. 63 FR 17839. 

Based on the 1990 baseline emissions 

inventory, the EPA concluded that the 

90 percent requirement had been met 

for five of seven 112(c)(6) HAP but that 

additional regulations were needed for 

polycyclic organic matter (POM) and 

alkylated lead to attain the 90 percent 

level for those two HAP. 63 FR 17846. 

Therefore, the EPA added two more 

categories to the initial section 112(c)(6) 

source category list. See Table 2, 63 FR 

17850. However, the EPA also noted in 

that notice that ‘‘many uncertainties 

remain concerning the accuracy of its 

identification of source categories and 

estimates of emissions.’’ 63 FR 17845. 

The EPA forewarned that ‘‘Given the 

uncertainties, the EPA recognizes that 

the list may be subject to change.’’ 63 FR 

17846. For example, in that notice, the 

EPA explained: 

As the Agency proceeds to develop 

appropriate emission standards, it will 

necessarily develop improved source 

category-specific information, which may 

affect the estimates of total emissions, the 

percentage of emissions subject to standards, 

allocation of emissions within a source 

category to major and area sources, and 

source categories for which standards need to 

be developed. As it proceeds to develop these 

standards and associated information, EPA 

intends to further evaluate this information 

against its obligation to assure that sources 

accounting for not less than 90 percent of 

emissions are subject to standards. 

63 FR 17845 

In particular, the agency explained 

that, for regulations not yet developed, 

it would subject area source categories 

with significant emissions to the 

regulations required by section 

7412(c)(6), but that ‘‘[s]ome area 

categories may be negligible 

contributors to the 90 percent goal, and 

as such pose unwarranted burdens for 

subjecting to [MACT] standards.’’ Id. 

Subsequent to the publication of the 

initial section 112(c)(6) list, as the EPA 

continued evaluating source categories 

and developing standards, the EPA has 

updated the listing several times. The 

EPA issued the updates either as a 

separate notice or in conjunction with 

development of specific standards. The 

updates are as follows: 

• Section 112(c)(6) Source Category 

List: Tire Production, 65 FR 47725, 

August 3, 2000. This action removed 

tire production manufacturing from the 

list. 

• National Emission Standards for 

Hazardous Air Pollutants; Revision of 

Source Category List for Standards 

Under Section 112(c)(6) and 112(k) of 

the Clean Air Act, 67 FR 68124, 

November 8, 2002. This action added 

gasoline distribution Stage I to the list 

and removed area sources in the 

following categories: Asphalt hot mix 

production, fabricated metal products, 

paint and allied products, paper coated 

and laminated, packaging and 

transportation equipment 

manufacturing. 

• Revision of Source Category Lists 

for Standards Under Sections 112(c) 

and 112(k) of the Clean Air Act; and 

National Emission Standards for 

Hazardous Air Pollutants for Area 

Sources: Electric Arc Furnace; Proposed 

Rule, 72 FR 53814, September 20, 2007. 

This action added the electric arc 

furnace (EAF) steelmaking facility area 

source category to the list. 

• National Emission Standards for 

Hazardous Air Pollutants for Source 

Categories: Gasoline Distribution Bulk 

Terminals, Bulk Plants, and Pipeline 

Facilities; and Gasoline Dispensing 

Facilities; Final Rule, 73 FR 1916, 

January 10, 2008. This action finalized 

the decision not to regulate gasoline 

distribution area sources under section 

112(c)(6). 

• National Emission Standards for 

Hazardous Air Pollutants: Gold Mine 

Ore Processing and Production Area 

Source Category; and Addition to 

Source Category List for Standards; 

Final Rule, 76 FR 9450, February 17, 

2011. This action added the Gold Mine 

Ore Processing and Production source 

category to the list. 

• National Emission Standards for 

Hazardous Air Pollutants for Area 

Sources: Industrial, Commercial, and 

Institutional Boilers; Final Rule, 76 FR 

15554, March 21, 2011. This action 

explained that area source wood and 

oil-fired boilers were not needed to meet 

the 90 percent requirement for POM and 

mercury under section 112(c)(6). 

• Standards of Performance for New 

Stationary Sources and Emission 

Guidelines for Existing Sources: Sewage 

Sludge Incineration Units; Final Rule, 

76 FR 15372, March 21, 2011. This 

action explained that sewage sludge 

incineration units were needed to meet 

the 90 percent requirement for mercury 

under section 112(c)(6). See 76 FR 

15375. 

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74660 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 

8As explained earlier in this document, this 

technical memorandum was the basis of the EPA’s 

conclusion in a March 21, 2011, FR notice that it 

has completed its obligation under section 

112(c)(6). See Completion of Requirement to 

Promulgate Emission Standards, 76 FR 15308, 

March 21, 2011. The 2011 notice was later vacated 

by the U.S. Court of Appeals for the District of 

Columbia, which held that the notice must be 

issued through a notice and comment rulemaking. 

Sierra Club v. EPA, 699 F.3d 530, 535 (D.C. Cir. 

2012). 

• Emission Standards for Meeting the 

Ninety Percent Requirement under 

Section 112(c)(6) of the Clean Air Act, 

Docket ID: EPA–HQ–OAR–2004–0505– 

0006 (February 18, 2011). This technical 

memorandum documented the actions 

the EPA had taken to meet the 90 

percent requirement under section 

112(c)(6) and included an updated 1990 

baseline inventory, an updated list of 

the source categories necessary to meet 

the 90 percent requirement, and a list of 

emission standards the EPA 

promulgated for these source 

categories.8

B. What is the total updated 1990 

baseline inventory of source categories 

that emit 112(c)(6) HAP and which 

source categories are determined by the 

EPA to be necessary to meet the 90 

percent requirement under section 

112(c)(6)? 

1. Updated 1990 Baseline Emissions 

Inventory for Section 112(c)(6) HAPs 

Table 1 presents the updated 1990 

baseline emission inventory for the 

section 112(c)(6) pollutants based on the 

history, actions, updates and 

documentation explained elsewhere in 

this document. Table 1 includes the 

updated estimated emissions (in tons 

per year or pounds per year) for year 

1990 for each of the section 112(c)(6) 

pollutants for each source category and 

the percent of the total emissions for 

1990. Table 1 also identifies the 

categories that the EPA is counting 

towards meeting the EPA’s 90 percent 

requirement for each section 112(c)(6) 

HAP. Table 1 also identifies remaining 

source categories (which added together 

account for 10 percent or less of the 

total inventory) that emit section 

112(c)(6) HAP. By February 21, 2011, 

the EPA had promulgated either MACT 

or equivalent standards under section 

129 for each of the source categories 

identified in the top portion of Table 1 

(i.e., the portion labeled ‘‘Categories 

Subject to Regulation’’). 

BILLING CODE 6560–50–P 

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Source 

Table 1. Updated 1990 Baseline Emission Inventory for the 

112(c) (6) Pollutants 

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Categories Sub"ect to Regulation Counted Towards the 90 Percent Requirement 

Aerospace 

Industry (Surface 

Coating) 1640.0 20.6% 0.10 0.1% 

Agricultural 

Chemicals (major) 8.31 0.1% 

Alkylated Lead 

Production 

(major) 

Asphalt Roofing 

Production 

(major) 37.20 0.5% 

Blast Furnace and 

Steel Mills 499.00 6.3% 

Commercial/Instit 

utional Coal 

Combustion (major 

sources) 34.50 0.4% 

Commercial/Instit 

utional Coal 

Combustion (area 

sources) 138.00 1.7% 

Industrial Coal 

Combustion (major 

sources) 110.00 1.4% 

Industrial f--

Coal 

Combustion (area 

sources) 47.10 0.6% 

Commercial/Instit 

utional Oil 

Combustion (major 

sources) 10.70 0.1% 

Industrial Oil 

Combustion (major 

sources) 35.60 0.4% 

Commercial/Instit 

utional Wood/Wood 

Residue 

Combustion (major 

sources) 7.16 0.1% 

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29 % 
74662 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 


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[J) [J) [J] [J) >-. ·rl - [J) - [J) 

~ ·rl ·rl ~ ·rl p., 8 rn [J) '0 'H 

0 8 8 H 8 .w l"ii rn ·rl [J] ·rl (1j 0 

·rl !i1 !i1 (1j !i1 - ~ 8 ~ 8 GJ GJ 0 0 o\o [J) 'H ~ >-. 'H >-. 'H ·rl l"ii ·rl l"ii 

'""' [J] 0 - ·rl 0 (1j 0 H Ul 'H [J] 'H '0 8 H H ;:I o\O [J) 0 rn 0 GJ '0 o\' ;:I GJ o\' 0 ·rl ·rl (1j l"ii ~ 

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~ ::;;: >-. 0 ~ ·rl r-1 

Source Category Cl "" Industrial 

Wood/Wood Residue 

Combustion (major 

sources) 55.00 0. 7% 0.08 0.8% 

Industrial/Commer 

cial/Institutiona 

1 Coal Boilers 

(major sources) 2.05 1.3% 

Industrial/Commer 

cial/Institutiona 

1 Coal Boilers 

(area sources) l. 06 0.6% 

Industrial/Commer 

cial/Institutiona 

1 Oil Boilers 

(major sources) 1.13 0.7% 

Industrial/Commer 

cial/Institutiona 

1 Wood/Wood 

Residue Boilers 

(major sources) 0.48 0.3% 

Chemical 

Manufacturing: 

Cyclic Crude and 

Intermediate 

Production 

(major) 101.00 1. 3% 

Chlorinated 

Solvents 55.9 

Production 0.58 % 

Coke Ovens: Byproduct Recovery 

Plants 77.80 1. 0% 

Coke Ovens: 

Charging, Topside 

& Door Leaks 539.00 6.8% 

Coke Ovens: 

Pushing, 

Quenching & 

Battery Stacks 517.00 6.5% 

Commercial 

Printing, Gravure 

(major) 28.70 0.4% 
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[J) [J) [J] [J) >-. ·rl - [J) - [J) 

~ ·rl ·rl ~ ·rl p., 8 rn [J) '0 'H 

0 8 8 H 8 .w l"ii rn ·rl [J] ·rl (1j 0 

·rl !i1 !i1 (1j !i1 - ~ 8 ~ 8 GJ GJ 0 0 o\o [J) 'H ~ >-. 'H >-. 'H ·rl l"ii ·rl l"ii 

'""' [J] 0 - ·rl 0 (1j 0 H Ul 'H [J] 'H '0 8 H H ;:I o\O [J) 0 rn 0 GJ '0 o\' ;:I GJ o\' 0 ·rl ·rl (1j l"ii ~ 

""' p., ~ H - 8 8 .w GJ o\O o\O (1j 

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~ '""' '0 ~ ::;;: 

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Source Category Cl "" Electric Arc 

Furnaces (EAF) 

(area) -

Secondary Steel 7.80 4.8% 

Fabricated Metal 

Products (major) 107.00 1.3% 

Gasoline 

Distribution -

stage l (major) 0.19 0.0% 

Gold Mine Ore 

Processing and 

Production (area) 4.40 2.7% 

Hazardoc:.s Waste 17.7 

Incineration 0.18 0.0% 0.07 0.6% 3.20 2.0% 0.03 % 

Industrial 

Organic Chemicals 

Manufacturing 

(major) 223.00 2.8% 

Industrial 

Stationary IC 

Engines - Diesel 

(major) 3.51 0.0% 

Industrial 

Stationary IC 

Engines - Natural 

Gas (major) 28.60 0.4% 

Lightweight 

Aggregate Kilns 0.01 0.1% 0.31 0.2% 

Medical Waste 12.3 50.0 30.6 25.7 

Incineration 0.80 0.0% 1.32 % 0 % 0.04 % 

Mercury Cell 

Chlor-Alkali 

Plants (major and 

area) 9.80 6.0% 

Municipal Waste 68.2 55.0 33.7 51.1 

Combustion 0.10 0.0% 7.30 % 0 % 0.08 % 

Naphthalene 

Production 

(major) 45.20 0.6% 

Paints and Allied 

Products (major) 23.70 0.3% 

Paper Coated and 

Laminated, 54.30 0. 7% 
74664 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 


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~ ·rl ·rl ~ ·.-l p. 8 Ul Ul '0 'H 

0 8 8 H 8 .w l"ii [/) ·rl [J] ·rl (1j 0 

·rl !"i1 !"i1 (1j !"i1 - ~ 8 ~ 8 Q) Q) 0 0 o\O [J] 'H ~ >-. 'H >-. 'H ·rl l"ii ·rl l"ii ...:1 ·~ [J] 0 ·rl 0 (1j 0 H Ul 'H [J] 'H '0 8 H H ;:J o\O Ul 0 Ul 0 Q) '0 o\D ;:J Q) o\" 0 ·rl ·rl (1j l"ii ~ 

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::r:: (j) >-. l"ii - l"ii - rl ...:1 

~ '0 ~ ::;;: 

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Source Category C1 ~ 

Packaging (major) 

Pesticides 44.1 

Manufacture 0.46 % 

PeLroleum 

Refining: All 1, 070. 

Processes (major) 00 13.5% 

Phthalic 

Anhydride 

Production 

(major) 18.30 0.2% 

Plastics Material 

and Resins 

Manufacturing 

(major) 8.29 0.1% 

Portland Cement 

Manufacture: 

Hazardoc:s Waste 

Kilns 12.60 0.2% 0.95 8.9% 2.75 1.7% 

Portland Cement 

Manufacture: NonHazardous Waste 

Kilns 47.90 0.6% 0.09 0. 8 9

6 5.64 3.5% 

Primary Aluminum r-·--·--· 

Production 662.00 8.3% 

Pulp and Paper -

Kraft Recovery 

Furnaces 649.00 8.2% 0.00 0.0% 1. 90 1.2% 

Pulp and Paper 

Lime Kilns 183.00 2.3% 

Secondary 

Aluminum Smelting 0.38 3.5% 

Secondary Lead 

Smelting 70.00 0.9% 0.01 0.1% 

Sewage Sludge 

Incineration 

(area) 1. 80 1.1% 

Ship Building and 

Repair (Surface 

Coating) 13.60 0.2% 

Transportation 

Equipment 

Manufacturing 

(SICs Combined) 38.70 0.5% 

Wood Household 0.1% 
Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 74665 


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[J) [J) [J] [J) >-. ·rl - [J) - [J) 

~ ·rl ·rl ~ ·rl p., 8 rn [J) '0 'H 

0 8 8 H 8 .w l"ii rn ·rl [J] ·rl (1j 0 

·rl !i1 !i1 (1j !i1 - ~ 8 ~ 8 GJ GJ 0 0 o\o [J) 'H ~ >-. 'H >-. 'H ·rl l"ii ·rl l"ii ...:1 ·~ [J] 0 ·rl 0 (1j 0 H Ul 'H [J] 'H '0 8 H H ;:J o\O Ul 0 rn 0 GJ '0 o\' ;:J GJ o\' 0 ·rl ·rl (1j l"ii ~ 

""' p., ~ H - 8 8 .w GJ o\O o\O (1j 

::r: GJ >-. l"ii - l"ii - r-1 H 

~ '0 ~ ::;;: 

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:<: ::;;: >-. 0 ~ ·rl r-1 

Source Category Cl "" Furniture 11.10 

Manufacturing 

(major) 

Total Emissions 

and Percentage 

Contributions 7' 157. 10.2 95.3 147. 90.3 94.5 100. 18. 99.7 

From Above 13 90.0% 0 % 42 % 0.15 % 1. 04 0% 29 % 

Categories Not Needed to Reach 90 Percent Recuirement 

Abrasive Grain 

(Media) 

Manufacturing 24.80 0.3% 

Adhesives and 

Sealants (SICs 

Combined) 4.18 0.1% 

Agricultural 

Chemicals (area) 0.72 0.0% 

Asphalt Hot-mix 

Production (area) 

Asphalt Roofing 

Production (area) 6.37 0.1% 

Battery 

Production 0.02 0.0% 

Blast Furnace and 

Steel Mills 3.10 1. 9% 

Industrial/Commer 

cial/Institutiona 

l Oil Boilers 

(area sources) 0.49 0.3% 

Industrial/Commer 

cial/Institutiona 

l Wood/Wood 

Residue Boilers 

(area sources) 0.12 0.1% 

Industrial Waste 

Oil Combustion 

(major and area 

sources) 7.82 0.1% 

Commercial/Instit 

utional Oil 

Combustion (area 

sources) 42.60 0.5% 

Industrial Oil 

Combustion (area 

sources) 15.30 0.2% 
74666 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 


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[J) [J) [J] [J) >-. ·rl - [J) - [J) 

c ·rl ·rl ~ ·rl p., 8 [J) [J) '0 'H 

0 8 8 1-1 8 .w l"ii [J) ·rl [J] ·rl (1j 0 

·rl !i1 !i1 (1j !i1 - c 8 c 8 OJ OJ 0 0 o\o [J) 'H c >-. 'H >-. 'H ·rl l"ii ·rl l"ii 

'""' [J] 0 - ·rl 0 rd 0 1-i [J) 'H [J] 'H '0 8 1-i 1-1 ;:I o\O [J) 0 [J) 0 OJ '0 o\' ;:I OJ o\' 0 ·rl .,-j rd l"ii ~ 

""' p., ~ 1-i - 8 8 .w OJ o\O o\O rd 

::r: OJ >-. l"ii - l"ii - r-1 

~ '""' '0 c :8 

"" c ·rl 1-i ~ ~ >-. '0 p., C4 rd ~ :J (.) ~ (.) ~ ~ OJ I I 0 u p., (.) ::r: (.) rl .w l.j) lO c ·rl H p., ::r: "" rd rl rl ·rl Cl OJ r-1 

~ :8 >-. 0 ~ ·rl r-1 

Source Category Cl "" Commercial/Instit 

uti.onaJ Wood/Wood 

Residue 

Combustion (area 

sources) 28.60 0.4% 

Industrial 

lvood/v!ood Residue 

Combustion (area 

sources) 13.80 0.2% 0.02 0.2% 

Commercial/Instit 

utional Natural 

Gas Combustion 

(major sources) 0.01 0.0% 

Industrial 

Natural Gas 

Combustion (major 

sources) 0.01 0.0% 

Commercial/Instit 

utional Natural 

Gas Combustion 0.02 0.0% 

Industrial 

Natural Gas 

Combustion (area 

sources) 0.01 0.0% 

Carbamate 

Insecticides 

Production 4.08 0.1% 

Carbon Black 

Production 4.33 0.1% 0.25 0.2% 

Carbon 

Reactivation 

Furnaces 0.00 0.0% 

Chemical 

Manufacturing: 

Cyclic Crude and 

Intermediate 

Production (area) 3.20 0.0% 

Chemical 

Preparations 

(SICs Combined) 6.79 0.1% 

Mercury Cell 

Chlor-Alkali 

Plants (major and 

area) 4.52 0.1% 

Chromium Plating: 0.0% 
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[J] [J] [J] [J] >-. ·.-l - Ul - Ul 

c ·rl ·rl ~ ·.-l p. 8 Ul Ul '0 'H 

0 8 8 H 8 .w l"ii [/) ·rl [J] ·rl (1j 0 

·rl !"i1 !"i1 (1j !"i1 - c 8 c 8 Q) Q) 0 0 o\O [J] 'H c >-. 'H >-. 'H ·rl l"ii ·rl l"ii ...:1 ·~ [J] 0 ·rl 0 (1j 0 H Ul 'H [J] 'H '0 8 H H ;:I o\O Ul 0 Ul 0 Q) '0 o\D ;:I Q) o\" 0 ·rl ·rl (1j l"ii ~ 

""' p. ~ H - 8 8 .w Q) o\O o\' (1j 

::r:: (j) >-. l"ii - l"ii - rl ...:1 

~ '0 c ::;;: "' c ·rl H p'l p:j >-. '0 ill p, (1j ~ ;:I () p:j () p'l ~ Q) I I 0 u p, () ::r:: () rl I.J) '-' I.J) c ·rl H p, ::r:: "' (1j rl rl ·rl 0 Q) r-1 

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Source Category 0 

Chromic Anodizing "' 0.00 

Clay Refractories 

(area) 0.50 0.0% 

Cleaning Products 

(SICs Combined) 1. 38 0.0% 

Commercial 

Printing, Gravure 

(area) 0.19 0.0% 

Commercial 

Printing, 

Letterpress and 

Screen 10.40 0.1% 

Crematories 

(area) 0.00 0.0% 0.00 0.0% 0.60 0.4% 

Custom Compound 

Purchased Resins 

Manufacture 0.13 0.1% 

Dental 

Preparation and 

Use 0.80 0.5% 

Drum and Barrel 

Reclamation 0.00 0.0% 0.00 0.0% 

Electronic and 

Other Electric 

Equipment 

Manufacturing 

(SICs Combined) 30.50 0.4% 0.88 0.5% 

Fabricated Rubber 

Products 148.00 1. 9% 

Ferroalloy 

Manufacture 

(area) 0.56 0.0% 

Fiber Cans, 

Drums, and 

Similar Products 5.06 0.1% 

Fluorescent Lamp 

Recycling 0.01 0.0% 

Food Products 

(SICs Combined) 3.54 0.0% 

Gasoline 

Distribution 0.0 

(Aviation) 2 0.1% 

Gasoline 

Distribution - 1. 73 0.0% 0.0 0.1% 
74668 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 


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[J) [J) [J] [J) >-. ·rl - [J) - [J) 

~ ·rl ·rl ~ ·rl p., 8 rn [J) '0 'H 

0 8 8 H 8 .w l"ii rn ·rl [J] ·rl (1j 0 

·rl !i1 !i1 (1j !i1 - ~ 8 ~ 8 OJ OJ 0 0 o\o [J) 'H ~ >-. 'H >-. 'H ·rl l"ii ·rl l"ii 

'""' [J] 0 - ·rl 0 rd 0 H [J] 'H [J] 'H '0 8 H H ;:I o\O [J) 0 rn 0 OJ '0 o\' ;:I OJ o\' 0 ·rl .,-j rd l"ii ~ 

""' p., ~ H - 8 8 .w OJ o\O o\O rd 

::r: OJ >-. l"ii - l"ii - r-1 

~ '""' '0 ~ ::;;: 

"" ~ ·rl H ~ ~ >-. '0 p., p., rd ~ :J (.) ~ (.) ~ ~ OJ I I 0 u p., (.) ::r: (.) rl .w l.j) l.j) " ·rl H p., ::r: "" rd rl rl ·rl Cl OJ r-1 

~ ::;;: >-. 0 ~ ·rl r-1 

Source Category Cl "" Stage 1 (area) 3 

Gasoline 

Distribution - 0.0 

Stage 1 (major) 0 0.0% 

General 

Laboratory 

Activities 0.80 0.5% 

Geothermal Power 1. 30 0.8% 

Gum and Wood 

Chemical 0.50 0.0% 

Industrial Gases 

Manufacturing 9.43 0.1% 

Industrial 

Inorganic 

Chemicals 

Manufacturing 15.70 0.2% 1. 00 0.6% 

Industrial 

Machinery and 

Electrical 

Equipment (SICs 

Combined) 2.77 0.0% 

Industrial 

Organic Chemicals 

Manufacturing 

(area) 4.03 0.1% 

Industrial 

Organic Chemicals 

Manufacturing 

(major) 0.02 0.0% 

Industrial 

Stationary IC 

Engines - Diesel 

(area) 1. 51 0.0% 

Industrial 

Stationary IC 

Engines - Natural 

Gas (area) 19.00 0.2% 0.00 0.0% 

Industrial 

Stationary IC 

Engines - Natural 

Gas (major) 0.00 0.0% 

Industrial 

Turbines - Diesel 

fired 0.02 0.0% 0.09 0.1% 
Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 74669 


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c ·rl ·rl ~ ·.-l p. 8 Ul [J) '0 'H 

0 8 8 H 8 .w l"ii [J) ·rl [J] ·rl (1j 0 

·rl !"i1 !"i1 (1j !"i1 - c 8 c 8 Q) Q) 0 0 o\O [J) 'H c >-. 'H >-. 'H ·rl l"ii ·rl l"ii ...:1 ·~ [J] 0 ·rl 0 (1j 0 H [J) 'H [J) 'H '0 8 H H ;:I o\O [J) 0 [J) 0 Q) '0 o\D ;:I Q) o\" 0 ·rl ·rl (1j l"ii ~ 

""' p. ~ H - 8 8 .w Q) o\O o\' (1j 

::r:: (j) >-. l"ii - l"ii - rl ...:1 

~ '0 c ::;;: "' c ·rl H p'l p:j >-. '0 ill p, (1j ~ ;:I () p:j () p'l ~ Q) I I 0 u p, () ::r:: () rl I.J) '-' I.J) c ·rl H p, ::r:: "' (1j rl rl ·rl 0 Q) r-1 

~ ::;;: >-. 0 ~ ·rl r-1 

Source Category 0 "' Industrial 

Turbines : 

Natural Gas fired 13.80 0.2% 0.00 0.0% 

Inorganic 

Pigments 

Manufacturing 0.01 0.0% 

Instrument 

Manufacturing 0.50 0.3% 

Iron and Steel 

Foundries 0.19 0.0% 0.02 0.2% 

Lamp Breakage 1. 50 0.9% 

Landfill (Gas) 

Flares 0.45 0.0% 

Lime 

Manufacturing 0.70 0.4% 

Lubricating Oils 

and Grease 0.06 0.0% 

Metal Household 

Furniture 0.00 0.0% 

Miscellaneous 

Manufacturing 6.58 0.1% 

Miscellaneous 

Plastics Products 5.76 0.1% 

Naphthalene -

Miscellaneous 

Uses 1. 25 0.0% 

Naphthalene 

Production (area) 19.40 0.2% 

Naphthalene 

Sulfonates 

Production 6.53 0.1% 

Nonmetallic 

Mineral Products 0.00 0.0% 0.01 0.0% 

OffJ.ce FurniLu:r:e, 

Except Wood 

Manufacturing 6.45 0.1% 

Other Biological 

Incineration 0.32 3.0% 0.00 1.6% 

Other 

Miscellaneous 

(SICs Combined) 1.45 0.0% 0.25 0.2% 

Other Secondary 

Nonferrous Metals 

Recovery 0.25 0.2% 
74670 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 


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[J] ~ 

.Q [J] 

r-1 " ~ 

~ 

0 ~ ~ [J] ·rl 

>-. [J] [J] [J] " ~ ~ ~ 

[J] 

" " " ~ ~ [J] p., 0 0 0 0 >-. [J] >-. [/) >-. ·rl .w ·rl ~ ~ p., ~ ·rl ·rl ·rl [J] p., 0 p., 0 .w 8 [J] [J] [J] [J] .w ·rl .w ·rl ~ !i1 

[J) [J) [J] [J) >-. ·rl - [J) - [J) 

~ ·rl ·rl ~ ·rl p., 8 rn [J) '0 'H 

0 8 8 H 8 .w l"ii rn ·rl [J] ·rl (1j 0 

·rl !i1 !i1 (1j !i1 - ~ 8 ~ 8 GJ GJ 0 0 o\o [J) 'H ~ >-. 'H >-. 'H ·rl l"ii ·rl l"ii ...:1 ·~ [J] 0 ·rl 0 (1j 0 H Ul 'H [J] 'H '0 8 H H ;:J o\O Ul 0 rn 0 GJ '0 o\' ;:J GJ o\' 0 ·rl ·rl (1j l"ii ~ 

""' p., ~ H - 8 8 .w GJ o\O o\O (1j 

::r: GJ >-. l"ii - l"ii - r-1 H 

~ '0 ~ ::;;: 

"" ~ ·rl H p'l p'l >-. p, '0 p, (1j ~ ;::J [_) p'l [_) p'l ~ GJ I I 0 u p, [_) ::r: [_) rl I.J) '-' I.J) " ·rl H p, ::r: "" (1j rl rl ·rl Cl GJ r-1 

:<: ::;;: >-. 0 ~ ·rl r-1 

Source Category Cl "" Other Structural 

Clay Products 0.56 0.0% 0.11 0.1% 

Paints and Allied 

Products (major) 0.01 0.0% 

Partitions and 

Fixtures 4.35 0.1% 

Petroleum 

Ref]ning: All 

Processes (area) 26.87 0.3% 

Petroleum 

Refining: All 

Processes (major) 0.04 0.0% 

Pharmaceutical 

Preparations and 

Manufacturing 

(SICs Combined) 0. 77 0.0% 

Phthalic 

Anhydride 

Production (area) 7.86 0.1% 

Plastic Foam 

Products 

Manufacturing 109.56 1.4% 

Plastics Material 

and Resins 

Manufacturing 

(area) 0.26 0.0% 0.00 0.0% 

Porcelain 

Electrical 

Supplies 2.08 0.0% 

Primary Copper 

Production 0.74 0.5% 

Primary Lead 

Smelting 1. 30 0.8% 

Primary Metal 

Products 

Manufacturing 

(SICs Combined) 26.90 0.3% 

Public Building 

and Related 

Furniture 11.60 0.1% 

Pulp and Paper -

Sulfite Recovery 

Furnaces 6.17 0.1% 

Scrap or Waste 

Tire Incineration 0.01 0.0% 0.00 0.0% 0.01 3.3% 
Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 74671 

BILLING CODE 6560–50–C 

C. What changes have been made to the 

1990 baseline inventory since the 1998 

Notice? 

The EPA made a number of updates 

to the section 112(c)(6) 1990 baseline 

inventory and source category list as a 

result of new information and further 

evaluation of the source categories 

during standard development. The EPA 

had explained some of those actions in 

prior notices, which the EPA has 

identified in section III.A above. With 

respect to updates that were not 

provided in prior notices, they are 

presented below. 

1. Gasoline Distribution (Aviation) 

In the 1998 Notice, the EPA identified 

the Gasoline Distribution (Aviation) 

source category as necessary for 

achieving the 90 percent requirement 

for alkylated lead. Aircraft use two 

general types of fuel: Aviation gasoline 

(avgas) and jet fuel. Avgas, which is 

used for powering piston engine aircraft, 

is the source of alkylated lead emissions 

in the Gasoline Distribution (Aviation) 

source category. Alkylated lead is added 

to avgas to reduce engine knock and 

help lubricate internal engine 

components. Research is underway to 

find alternatives to lead for use in avgas. 

While characterizing evaporative 

emissions of alkylated lead compounds 

from aviation gasoline, we became 

aware of another stationary source of 

other alkylated lead compounds 

emissions in 1990. Specifically, we 

identified a U.S. facility that was 

manufacturing alkylated lead 

compounds in 1990. Through 

discussions with industry 

representatives and technical evaluation 


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74672 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 

9 In addition to adding the baseline emissions for 

the Alkylated Lead Production source category, the 

other updates to the section 112(c)(6) baseline 

inventory for alkylated lead include addition of the 

Upstream Gasoline Distribution (Aviation) (see 

section III.C.3) and revised baseline emission 

estimates for Gasoline Distribution (Stage I) (see 

sections III.A and III.C.2) and Gasoline Distribution 

(Aviation) discussed in this section. 

10Also known as National Emission Standards for 

Hazardous Air Pollutants for Source Categories: 

Organic Hazardous Air Pollutants from the 

Synthetic Organic Chemical Industry and Other 

Processes Subject to the Negotiated Regulation for 

Equipment Leaks. 59 FR 19402. 

11We further note that U.S. production of 

alkylated lead compounds ended in 1993. 

12 In the section 112(c)(6) inventory published in 

1998, the baseline alkylated lead emissions estimate 

for the Gasoline Distribution (Aviation) source 

category was based on emission factors from a 1994 

proposed major source standard for Gasoline 

Distribution (Stage I) (Background Information 

Document (BID) Volume I, Proposed National 

Emission Standards for Hazardous Air Pollutants 

for Gasoline Distribution (Stage I), EPA–453/R–94– 

002a). Based on analysis of public comments on 

that proposed rule, EPA applied updated 

equipment leak emission factors for the 

promulgated major source standard for Gasoline 

Distribution (Stage I) (BID Volume II, Promulgated 

National Emission Standards for Hazardous Air 

Pollutants for Gasoline Distribution (Stage I), EPA– 

453/R–94–002b). The updated emission factors 

were also applied in the promulgation of area 

source standards for Gasoline Distribution (Stage I) 

(Area Source). 

13See footnote 4. 

14Composed of benz(a)anthracene, 

benzo(a)pyrene, benzo(b)fluoranthene, 

benzo(k)fluoranthene, chrysene, 

dibenz(a,h)anthracene, and indeno(1,2,3-cd)pyrene. 15Composed of benz(a)anthracene, 

benzo(a)pyrene, benzo(b)fluoranthene, 

benzo(k)fluoranthene, chrysene, 

dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene, 

acenaphthene, acenaphthylene, anthracene, 

benzo(ghi)perylene, fluoranthene, fluorene, 

naphthalene, phenanthrene, and pyrene. 16Any methylene chloride extractable organic 

matter, measured gravimetrically. 17When justifying its use in the 1998 inventory 

background document, we said that the EPA would 

undertake an effort to develop a robust inventory 

for EOM sources to feed into the CAA section 

112(c)(6) inventory. Had more data been gathered, 

perhaps EOM would have proved to be a more 

useful indicator of POM. However, the anticipated 

inventory was not developed. 

of the information supplied, we were 

able to quantify an estimate of the 

alkylated lead emissions for the 

Alkylated Lead Production source 

category for the year 1990 and are 

adding this estimate to the section 

112(c)(6) baseline inventory. Based on 

information provided in the Toxics 

Release Inventory (TRI), we identified 

reported annual emissions of total lead 

compounds from this single alkylated 

lead production facility of 22 tons in 

1990. The TRI did not provide the 

amount of alkylated lead in the total. 

Further analysis of the emission 

inventory submitted to the state resulted 

in an estimate of actual alkylated lead 

emissions from this facility of 

approximately 18 tons in 1990. As 

shown in Table 1, the Alkylated Lead 

Production source category (which as 

explained above consists solely of this 

one facility) contributed 99.7 percent of 

the alkylated lead compounds emissions 

in the updated 1990 baseline 

inventory.9 Alkylated lead compounds 

production is regulated by the 

Hazardous Organic NESHAP 10 (HON).11

The EPA has therefore, through the 

HON, met the 90 percent requirement 

under section 112(c)(6) for alkylated 

lead. In light of the above, we conclude 

that we do not need Gasoline 

Distribution (Aviation) to meet the 90 

percent requirement for alkylated lead 

under section 112(c)(6). 

The 1990 baseline alkylated lead 

emissions from gasoline distribution 

source categories have also been 

updated since the 1998 Notice. A review 

of the 1990 alkylated lead emissions 

from the distribution of leaded gasoline 

revealed that the inventory data were 

based on inaccurate estimates of 

equipment component counts and leak 

emission factors.12 Analysis showed 

that when the corrected equipment leak 

data are used, the total estimated 1990 

alkylated lead emissions from leaded 

gasoline distribution would be less than 

one half of the estimate in the 1990 

inventory published in the 1998 Notice. 

See 71 FR 66067. We have therefore 

revised the alkylated lead baseline 

emission estimates for all gasoline 

distribution source categories, including 

Gasoline Distribution (Aviation), 

accordingly. 

2. Gasoline Distribution Stage I (Area 

Sources) 

Alkylated lead emissions from this 

source category have been updated 

since the 1998 Notice in a manner 

consistent with Gasoline Distribution 

(Aviation), discussed in the previous 

section. A review of the 1990 alkylated 

lead emissions from the distribution of 

leaded gasoline revealed that the 

inventory data were based on inaccurate 

estimates of equipment component 

counts and leak emission factors.13

Analysis showed that when the 

corrected equipment leak data are used, 

the total estimated 1990 alkylated lead 

emissions from leaded gasoline 

distribution would be less than one half 

of the estimate in the 1990 inventory 

published in the 1998 Notice. We have 

revised the alkylated lead baseline 

emission estimates for all gasoline 

distribution source categories, including 

Gasoline Distribution Stage I (Area 

Source), accordingly. 

3. Upstream Gasoline Distribution 

(Aviation) 

Upstream Gasoline Distribution 

(Aviation) is being added to the section 

112(c)(6) inventory for emissions of 

alkylated lead. At the time we issued 

the 1998 Notice, we believed that avgas 

was transported directly from refineries 

to the airport terminals. Thus, we did 

not estimate alkylated lead emissions 

from the distribution of avgas 

‘‘upstream’’ of the airport facilities in 

the section 112(c)(6) emission inventory 

published in 1998. However, we have 

since learned that avgas is distributed 

through bulk terminals located at 

refineries, as well as through some 

stand-alone bulk terminals, prior to 

being delivered to airport facilities. We 

have therefore updated the 112(c)(6) 

baseline inventory for alkylated lead to 

include estimated 1990-base year 

alkylated lead emissions from the 

distribution of avgas ‘‘upstream’’ of the 

airport facilities. The alkylated lead 

emissions for this category are presented 

in Table 1. 

4. Use of 16–PAH Inventory for 

Polycyclic Organic Matter 

In the Clean Air Act, POM is defined 

as ‘‘organic compounds with more than 

one benzene ring and which have a 

boiling point greater than or equal to 

100 °C’’. As shown in the 1998 Notice, 

we created three inventories (7–PAH,14

16–PAH,15 and extractable organic 

matter (EOM) 16) to represent baseline 

POM emissions. Of the three POM 

baseline inventories, the 16–PAH 

inventory is the most robust, with data 

on 16–PAH emissions for 94 categories. 

In contrast, we have very limited data 

on EOM, with data on EOM emissions 

for only 18 source categories.17 The lack 

of available data on EOM emissions 

creates a distorted picture of the relative 

contributions of source categories for 

which there are available EOM data. 

The lack of source categories making up 

the total EOM inventory makes the 

relative contribution of the few 

categories that do have data 

unrealistically inflated. We therefore 

cannot say with confidence that, by 

using the baseline inventory for EOM, 

we are capturing 90 percent of the 

baseline POM emissions, as required by 

section 112(c)(6). Similarly, we have 

data on 7–PAH for 32 categories, 

considerably fewer than the 94 

categories for which we have 16–PAH 

data. Therefore, the 16–PAH inventory 

allows for the most accurate 

representation of the universe of 

categories that emit POM. Because the 

use of all three baseline inventories is 

neither required nor necessary, and in 

light of the concern described above 

with the EOM and 7–PAH inventories, 

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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 74673 

18Estimate based on 1990 historical statistics 

from the Department of Energy’s Energy 

Information Administration Web site of coal use in 

industrial/commercial sectors (not including coke 

plants). 

19 Mercury Study Report to Congress. December 

1997. Available at http://www.epa.gov/hg/

report.htm. 

20The revised emission factor for major source 

boilers for this inventory was generated using a 

weighted average of the six emission factors for 

various types of control used in the February 21, 

2011, Boiler NESHAP. The revised emission factor 

for area sources was the uncontrolled group in the 

Boiler NESHAP because these sources were largely 

uncontrolled with respect to mercury emissions in 

1990. 

21US EPA (1997): Locating and Estimating Air 

Emissions From Sources of Mercury and Mercury 

Compounds. Report EPA–454/R–97–012, (NTIS 

PB98–117054), Office of Air Quality Planning and 

Standards, Research Triangle Park, NC. Available 

at: http://www.epa.gov/ttn/chief/le/index.html. 

22Memo from Dave Reeves, Midwest Research 

Institute to Barbara Driscoll, U.S. Environmental 

Protection Agency, Office of Air Quality Planning 

and Standards regarding HAP emission estimates 

for aerospace surface coating. November 17, 1997. 

23 Mercury Study Report to Congress. December 

1997. Available at http://www.epa.gov/hg/

report.htm. Locating and Estimating Air Emissions 

from Sources of Mercury and Mercury Compounds. 

December 1997. Available at http://www.epa.gov/

ttnchie1/le/. 

we decided to use only the 16–PAH 

baseline inventory for determining the 

90 percent threshold for POM under 

section 112(c)(6). 

5. Updates to the 1990 Baseline 

Emission Inventory for Mercury 

As mentioned above, the EPA added 

1990 mercury emission estimates for 

EAF and Gold Mine Ore Production and 

Processing area source categories into 

the section 112(c)(6) total baseline 

inventory for mercury. In addition, the 

EPA discovered that the 112(c)(6) 

inventory for mercury published in the 

1998 Federal Register notice included 

inaccurate estimates for a number of 

source categories and updated these 

estimates. These updates are discussed 

below. 

a. Industrial/Commercial Boilers. The 

estimate of mercury emissions from 

Industrial/Commercial Boilers that was 

presented in the 1998 Federal Register 

notice for section 112(c)(6) was 28.9 

tons of mercury for year 1990. There 

were a number of technical problems 

with this estimate, especially for coalfired boilers. One significant issue is 

that the activity level (2,820 trillion 

British thermal units (BTUs)) used in 

the calculations in the section 112(c)(6) 

inventory background document was 

incorrect. This activity level represented 

all coal use in industry, including 

boilers and other uses (e.g., coke ovens). 

The activity level used should have 

been for boilers only. A more accurate 

activity level for 1990 would be about 

1,633 trillion BTUs.18

Additionally, we also believe that the 

emissions factors used to calculate the 

original estimate from coal-fired boilers 

were inaccurate. The emission factors 

were based on an assumption of zero 

control and did not account for coal 

washing. At that time, the EPA stated 

‘‘because mercury reductions from coal 

washing and any other reductions that 

may occur across existing control 

devices are not accounted for, the 

emissions may be overestimated.’’ 19

Applying emission factors used in the 

development of the major and area 

source Boiler NESHAP 20 to the revised 

activity level for coal-fired boilers yields 

estimates of roughly 2 tons and 1 ton of 

mercury emissions for major and area 

sources, respectively. Emissions factors 

for oil-fired boilers (6.8 lb/trillion BTUs 

and 7.2 lb/trillion BTUs) were also too 

high. Converting these emission factors 

into mercury concentrations in oil 

results in an estimate of about 100 parts 

per billion (ppb) mercury 

concentrations in oil. However, based 

on data gathered and analyzed for the 

1998 EPA Utility Air Toxics Report to 

Congress, the average mercury 

concentration in oil is about 10 ppb. 

Moreover, the emissions factor for 

residual oil-fired boilers (of 0.4 lbs per 

trillion BTUs) provided in the 1997 EPA 

Locating and Estimating document 21 is 

about 10 times lower than the emission 

factors used for the original section 

112(c)(6) estimates for oil-fired boilers. 

The information discussed above 

suggests that the emissions estimates for 

mercury provided in the 1998 Notice for 

oil-fired boilers were overestimated by 

an order of magnitude. A more accurate 

estimate of total mercury emissions 

from oil-fired boilers (major and area 

sources) is about 0.6 tons for 1990, as 

reflected in Table 1. 

b. Aerospace Industries (Surface 

Coating). Aerospace Industries (Surface 

Coating) had an estimate of 4 tons of 

mercury emissions in the 112(c)(6) 

inventory published in the 1998 Notice. 

Another inventory developed for year 

1990 for other regulatory purposes (the 

112(k) 1990 inventory) had a much 

lower estimate for this category (0.0026 

tpy). Because of the large discrepancy, 

we reviewed the 112(c)(6) inventory 

data for this category, including 

reviewing the original emissions factor 

and calculations. We also consulted 

with an industry representative. The 

estimate in the 1998 Notice was based 

on an extremely conservative 

assumption. According to a 1997 docket 

memo,22 the emissions estimate was 

derived from reviewing Material Safety 

Data Sheets (MSDS) from five of the 

major coating suppliers. One of these 

MSDS showed trace amounts of 

mercury in only two products (0.00002 

percent by weight), which was rounded 

up five orders of magnitude to 1 percent 

in the inventory analysis. 

In light of the above, we concluded 

that this original estimate of mercury 

emissions (or 4 tons) from Aerospace 

Industries was substantially 

overestimated. Therefore, we searched 

and gathered information to calculate a 

more reasonable estimate. We obtained 

information on sales of aerospace 

coatings and mercuric mildewcides in 

1990. Using these data, potential 

mercury emissions for 1990 were 

calculated, as described in the following 

paragraphs. 

In 1990, aerospace coatings accounted 

for 0.1 percent of the volume of coatings 

produced. In 1990, approximately 

400,000 pounds of mercuric 

mildewcide/fungicide (as mercury) were 

sold into the entire coatings market (this 

amount substantially decreased after 

1990 to nearly zero). Assuming these 

products were used throughout the 

industry, we calculate that 400 lbs (i.e., 

0.1% * 400,000 pounds = 400 lbs) of 

mercuric mildewcides/fungicides were 

used in aerospace coatings in 1990. 

Thus, the maximum emissions would 

have been 400 lbs of mercury assuming 

100 percent of mercury in coatings were 

released. However, mildewcides/

fungicides are intended to retard the 

growth of fungi on applied surfaces over 

time. They are intended to remain to a 

large extent in the coating substrate. We 

believe that at least 50 percent of the 

mildewcide/fungicide remains in the 

substrate. Therefore, mercury releases 

from aerospace coatings are estimated to 

be up to 200 lbs in 1990. Given this 

information and calculations, we 

estimate that this source category 

emitted about 0.1 tons of mercury in 

1990. 

c. Industrial Turbines and Internal 

Combustion Engines. In the 1998 Notice, 

the mercury emissions from industrial 

turbines and internal combustion 

engines fired by natural gas were 1.6 

tons and 4.7 tons, respectively. The 

emissions factors used in those original 

estimates for these two source categories 

were 6.63 × 10¥6 lb/MMBTU and 1.14 

× 10¥5 lb/MMBTU, respectively. 

However, available data 23 indicate that 

the level of mercury in natural gas is 

very low and, therefore, mercury 

emissions from this category are very 

low. Based on this information, we 

updated the 1990 mercury emissions for 

this category. As shown in Table 1, the 

revised mercury emissions estimates 

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74674 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 

24Analysis of Mercury Data for Electric Arc 

Furnace Steelmaking. Prepared for U.S. 

Environmental Protection Agency, Office of Air 

Quality Planning and Standards, Sector Policies 

and Program Division, Metals and Minerals Group. 

July 18, 2007. Docket Item 0070 in EPA Docket 

Number OAR–2004–0083. 

25Estimate of 2006 installed clinker capacity: 

94,690,000 metric tons clinker per year. Estimate of 

2006 mercury emissions from major and area 

sources: 7.27 tons. Estimate of 1990 installed 

clinker capacity: 73,518,000 metric tons clinker per 

year. 

26Because many of these standards were 

developed to meet the EPA’s obligation under CAA 

section 112(d)(1), the EPA had not focused on what 

was needed to meet its section 112(c)(6) obligation 

at the time of these rulemakings. Therefore, the EPA 

did not reference section 112(c)(6) in the preambles 

to some rules. 

from these two source categories are 

0.001 and 0.009 tons, respectively. 

d. Human Crematories. The mercury 

emissions from human crematories in 

the 1998 baseline 112(c)(6) inventory 

(0.000377 tons per year) were revised 

based on data used to calculate mercury 

emissions in the 112(k) area source 

inventory, which was developed 

subsequent to the 1998 Notice. This 

emission factor led to a revised estimate 

of 0.6 tons of mercury in 1990 emitted 

from human crematories. 

e. Blast Furnaces and Steel Mills. 

Mercury emissions from blast furnaces 

and steel mills were reported as 0.25 

tons in the 1998 baseline 112(c)(6) 

inventory. Further review of this 

estimate led to revision of the mercury 

estimate from blast furnaces and steel 

mills as well as electric arc furnace 

steelmaking (as discussed in section 

III.C above). Based on a revised 

emission factor 24 from scrap steel, the 

revised estimated mercury emissions are 

3.1 tons for blast furnaces and steel 

mills. 

f. Portland Cement. We believe the 

estimate for mercury emissions from 

Portland Cement Manufacturing nonhazardous waste kilns (4.13 tons) in the 

1998 Notice was slightly 

underestimated. We used the mercury 

emissions and installed clinker capacity 

from 2006 25 to generate a ratio of 

mercury emissions per ton of clinker 

and applied this ratio to the 1990 

clinker capacity. The mercury emissions 

in 1990 were revised upward to 5.64 

tons for this category. 

D. What are the emissions standards 

that the EPA has promulgated to meet 

the 90 percent requirement under 

section 112(c)(6)? 

The EPA has promulgated emissions 

standards sufficient to satisfy the 

112(c)(6) requirement that sources 

accounting for not less than 90 percent 

of the aggregate emissions of seven 

specific HAP are subject to standards 

under 112(d)(2) or 112(d)(4). Table 2 

provides a list of the emissions 

standards, including the name of each of 

the source categories, name of the 

emissions standards that apply, and the 

rule citation for each (i.e., CFR Part and 

Subpart). Table 2 provides crossreferences for the 112(c)(6) category 

names with the associated emission 

standards (which may reference a 

source category by a name different 

from that used in the section 112(c)(6) 

baseline inventory and source category 

listing). Table 3 provides a list of the 

specific regulations (including CFR 

citations, Part and Subpart) that address 

90 percent or more of each of the 

112(c)(6) HAPs. 

TABLE 2—CATEGORIES OF SOURCES WHOSE EMISSIONS OF 112(c)(6) HAPS ARE SUBJECT TO 112(d)(2), 112(d)(4), OR

129 STANDARDS 26

Section 112(c)(6) category name Emission standard name(s) CFR part and subpart 

Aerospace Industry (Surface Coating) .............. National Emission Standards for Hazardous Air Pollutants for 

the Aerospace Industries.

40 CFR part 63 subpart GG. 

Alkylated Lead Production ................................. National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry.

40 CFR part 63 subpart F. 

National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater.

40 CFR part 63 subpart G. 

National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.40 CFR part 63 subpart H. 

National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated 

Regulation for Equipment Leaks.

40 CFR part 63 subpart I. 

Asphalt Roofing Production ............................... National Emission Standards for Hazardous Air Pollutants for 

the Asphalt Roofing Manufacturing.

40 CFR part 63 subpart 

LLLLL. 

Blast Furnace and Steel Mills ............................ National Emission Standards for Hazardous Air Pollutants for 

the Integrated Iron and Steel Manufacture.

40 CFR part 63 subpart 

FFFFF. 

Chemical Manufacturing: Cyclic Crude and Intermediate Production.National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry.

40 CFR part 63 subpart F. 

National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater.

40 CFR part 63 subpart G. 

National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.40 CFR part 63 subpart H. 

National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated 

Regulation for Equipment Leaks.

40 CFR part 63 subpart I. 

Chlorinated Solvents Production ....................... National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry.

40 CFR part 63 subpart F. 

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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 74675 

TABLE 2—CATEGORIES OF SOURCES WHOSE EMISSIONS OF 112(c)(6) HAPS ARE SUBJECT TO 112(d)(2), 112(d)(4), OR

129 STANDARDS 26—Continued 

Section 112(c)(6) category name Emission standard name(s) CFR part and subpart 

National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater.

40 CFR part 63 subpart G. 

National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.40 CFR part 63 subpart H. 

National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated 

Regulation for Equipment Leaks.

40 CFR part 63 subpart I. 

Coke Ovens: By-Product Recovery Plants ........ National Emission Standard for Benzene Emissions from 

Coke By-Product Recovery Plants.

40 CFR part 61 subpart L. 

Coke Ovens: Charging, Topside & Door Leaks National Emission Standards for Hazardous Air Pollutants for 

Source Categories and for Coke Oven Batteries.

40 CFR part 63 subpart L. 

National Emission Standards for Hazardous Air Pollutants for 

Coke Ovens: Pushing, Quenching, and Battery Stacks.

40 CFR part 63 subpart 

CCCCC. 

Coke Ovens: Pushing, Quenching & Battery 

Stacks.

National Emission Standards for Hazardous Air Pollutants for 

Source Categories and for Coke Oven Batteries.

40 CFR part 63 subpart L. 

National Emission Standards for Hazardous Air Pollutants for 

Coke Ovens: Pushing, Quenching, and Battery Stacks.

40 CFR part 63 subpart 

CCCCC. 

Commercial Printing: Gravure ........................... National Emission Standards for Hazardous Air Pollutants: 

Printing and Publishing Industry.

40 CFR part 63 subpart KK. 

Electric Arc Furnaces (EAF)—Secondary Steel National Emission Standards for Hazardous Air Pollutants for 

Area Sources: Electric Arc Furnace Steelmaking Facilities.

40 CFR part 63 subpart 

YYYYY. 

Fabricated Metal Products ................................. National Emission Standards for Hazardous Air Pollutants: 

Surface Coating of Miscellaneous Metal Parts and Products.

40 CFR part 63 subpart 

MMMM. 

Gasoline Distribution (Stage 1) .......................... National Emission Standards for Hazardous Air Pollutants for 

Gasoline Distribution Facilities (Bulk Gasoline Terminals 

and Pipeline Breakout Stations).

40 CFR part 63 subpart R. 

Gold Mines ......................................................... National Emission Standards for Hazardous Air Pollutants: 

Gold Mine Ore Processing and Production Area Source 

Category.

40 CFR part 63 subpart 

EEEEEEE. 

Hazardous Waste Incineration ........................... National Emission Standards for Hazardous Air Pollutants 

from Hazardous Waste Combustors.

40 CFR part 63 subpart EEE. 

Industrial Organic Chemicals Manufacturing ..... National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry.

40 CFR part 63 subpart F. 

National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater.

40 CFR part 63 subpart G. 

National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.40 CFR part 63 subpart H. 

National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated 

Regulation for Equipment Leaks.

40 CFR part 63 subpart I. 

Industrial Stationary IC Engines—Diesel ........... National Emission Standards for Hazardous Air Pollutants for 

Reciprocating Internal Combustion Engines.

40 CFR part 63 subpart ZZZZ. 

Industrial Stationary IC Engines—Natural Gas National Emission Standards for Hazardous Air Pollutants for 

Reciprocating Internal Combustion Engines.

40 CFR part 63 subpart ZZZZ. 

Industrial/Commercial/Institutional Boilers ......... National Emission Standards for Hazardous Air Pollutants for 

Industrial/Commercial/Institutional Boilers and Process 

Heaters.

40 CFR part 63 subpart 

DDDDD. 

National Emission Standards for Hazardous Air Pollutants for 

Area Sources: Industrial, Commercial, and Institutional Boilers.

40 CFR part 63 subpart 

JJJJJJ. 

Lightweight Aggregate Kilns .............................. National Emission Standards for Hazardous Air Pollutants 

from Hazardous Waste Combustors.

40 CFR part 63 subpart EEE. 

Medical Waste Incineration ................................ Standards of Performance and Emissions Guidelines for Hospitals/Medical/Infectious Waste Incinerators.40 CFR part 60 subpart Ce, 

Ec; & 40 CFR part 62 subpart HHH. 

Mercury Cell Chlor Alkali Production ................. National Emission Standards for Hazardous Air Pollutants: 

Mercury Emissions from Mercury Cell Chlor Alkali Plants.

40 CFR part 63 subpart IIIII. 

Municipal Waste Combustion ............................ Standards of Performance for New Stationary Sources and 

Emission Guidelines for Existing Sources: Large Municipal 

Waste Combustion Units.

40 CFR part 60 subpart Cb, 

Ea, Eb; & 40 CFR part 62 

subpart FFF. 

Standards of Performance for New Stationary Sources and 

Emission Guidelines for Existing Stationary Sources: Small 

Municipal Waste Combustion Units.

40 CFR part 60 subpart 

AAAA, BBBB & 40 CFR part 

62 subpart JJJ. 

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TABLE 2—CATEGORIES OF SOURCES WHOSE EMISSIONS OF 112(c)(6) HAPS ARE SUBJECT TO 112(d)(2), 112(d)(4), OR

129 STANDARDS 26—Continued 

Section 112(c)(6) category name Emission standard name(s) CFR part and subpart 

Naphthalene Production .................................... National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry.

40 CFR part 63 subpart F. 

National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater.

40 CFR part 63 subpart G. 

National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.40 CFR part 63 subpart H. 

National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated 

Regulation for Equipment Leaks.

40 CFR part 63 subpart I. 

Paints and Allied Products (Major) .................... National Emission Standards for Hazardous Air Pollutants: 

Miscellaneous Organic Chemical Manufacturing.

40 CFR part 63 subpart FFFF. 

Paper Coated and Laminated, Packaging ......... National Emission Standards for Hazardous Air Pollutants: 

Paper and Other Web Coating.

40 CFR part 63 subpart JJJJ. 

Pesticides Manufacture & Agricultural Chemicals.National Emission Standards for Hazardous Air Pollutants: 

Pesticide Active Ingredient Production.

40 CFR part 63 subpart HHH. 

National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry.

40 CFR part 63 subpart F. 

National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater.

40 CFR part 63 subpart G. 

National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.40 CFR part 63 subpart H. 

Petroleum Refining: All Processes .................... National Emission Standards for Hazardous Air Pollutants 

from Petroleum Refineries.

40 CFR part 63 subpart CC. 

National Emission Standards for Hazardous Air Pollutants for 

Petroleum Refineries: Catalytic Cracking Units, Catalytic 

Reforming Units, and Sulfur Recovery Units.

40 CFR part 63 subpart UUU. 

Phthalic Anhydride Production ........................... National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry.

40 CFR part 63 subpart F. 

National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater.

40 CFR part 63 subpart G. 

National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.40 CFR part 63 subpart H. 

National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated 

Regulation for Equipment Leaks.

40 CFR part 63 subpart I. 

Plastics Material and Resins Manufacturing ..... National Emission Standards for Hazardous Air Pollutants for 

Group IV Polymers and Resins.

40 CFR part 63 subpart JJJ. 

Portland Cement Manufacture: Hazardous 

Waste Kilns.

National Emission Standards for Hazardous Air Pollutants 

from Hazardous Waste Combustors.

40 CFR part 63 subpart EEE. 

Portland Cement Manufacture: Non-Hazardous 

Waste Kilns.

National Emission Standards for Hazardous Air Pollutants for 

the Portland Cement Manufacturing Industry.

40 CFR part 63 subpart LLL. 

Primary Aluminum Production ........................... National Emission Standards for Hazardous Air Pollutants for 

Primary Aluminum Reduction Plants.

40 CFR part 63 subpart LL. 

Pulp and Paper—Kraft Recovery Furnaces ...... National Emission Standards for Hazardous Air Pollutants for 

Chemical Recovery Combustion Sources at Kraft, Soda, 

Sulfite, and Stand-Alone Semichemical Pulp Mills.

40 CFR part 63 subpart MM. 

Pulp and Paper—Lime Kilns .............................. National Emission Standards for Hazardous Air Pollutants for 

Chemical Recovery Combustion Sources at Kraft, Soda, 

Sulfite, and Stand-Alone Semichemical Pulp Mills.

40 CFR part 63 subpart MM. 

Secondary Aluminum Smelting .......................... National Emission Standards for Hazardous Air Pollutants for 

Secondary Aluminum Production.

40 CFR part 63 subpart RRR. 

Secondary Lead Smelting .................................. National Emission Standards for Hazardous Air Pollutants for 

Secondary Lead Smelting.

40 CFR part 63 subpart X. 

Sewage Sludge Incineration .............................. Standards of Performance for New Stationary Sources and 

Emission Guidelines for Existing Sources: Sewage Sludge 

Incineration Units.

40 CFR part 60 subparts 

LLLL, MMMM. 

Ship Building and Repair (Surface Coating) ..... National Emission Standards for Hazardous Air Pollutants for 

Shipbuilding and Ship Repair (Surface Coating).

40 CFR part 63 subpart II. 

Transportation Equipment Manufacturing (SICs 

Combined).

National Emission Standards for Hazardous Air Pollutants: 

Surface Coating of Automobiles and Light Duty Trucks 

(Surface Coating of Plastic Parts and Products).

40 CFR part 63 subpart 

PPPP. 

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27An expanded version of this table, including 

Federal Register citations, is available in the docket 

for this action. 

28Some standards used non-HAP compounds (or 

groups of compounds) as surrogates for HAP. 

TABLE 2—CATEGORIES OF SOURCES WHOSE EMISSIONS OF 112(c)(6) HAPS ARE SUBJECT TO 112(d)(2), 112(d)(4), OR

129 STANDARDS 26—Continued 

Section 112(c)(6) category name Emission standard name(s) CFR part and subpart 

Wood Household Furniture Manufacturing ........ National Emission Standards for Hazardous Air Pollutants 

from Wood Furniture Manufacturing Operations.

40 CFR part 63 subpart JJ. 

TABLE 3—FEDERAL REGULATIONS 27 ENSURING THAT SOURCES ACCOUNTING FOR AT LEAST 90 PERCENT OF THE

AGGREGATE EMISSIONS OF EACH 112(c)(6) POLLUTANT ARE SUBJECT TO 112(d)(2) OR 112(d)(4) STANDARDS

112(c)(6) pollutant 

Percent of 

aggregate 

emissions 

subject to 

regulation 

Code of Federal Regulations part and subparts that include 

112(d)(2), 112 (d)(4), or 129 standards 

Alkylated Lead Compounds ....................................................... 99 .7 40 CFR part 63 subparts F, G, H, I. 

Polycyclic Organic Matter (Using 16–PAH Inventory) ............... 90 .0 40 CFR part 63 subparts F, G, H, I, L, R, X, CC, GG, II, JJ, 

KK, LL, MM, EEE, JJJ, LLL, MMM, UUU, FFFF, JJJJ, 

MMMM, PPPP, ZZZZ, CCCCC, DDDDD, FFFFF, LLLLL, 

JJJJJJ; 40 CFR part 60 subpart Cb, Ce, Ea, Eb, AAAA, 

BBBB; 40 CFR part 62 subpart FFF, HHH, JJJ. 

Hexachlorobenzene ................................................................... 100 40 CFR part 63 subparts F, G, H, I, HHH. 

Mercury Compounds .................................................................. 90 .3 40 CFR part 63 subparts GG, LL, MM, EEE, LLL, DDDDD, 

IIIII, YYYYY, JJJJJJ, EEEEEEE; 40 CFR part 60 subpart 

Cb, Ce, Ea, Eb, AAAA, BBBB, LLLL, MMMM; 40 CFR part 

62 subpart FFF, HHH, JJJ. 

Polychlorinated Biphenyls .......................................................... 94 .5 40 CFR part 63 subparts EEE; 40 CFR part 60 subpart Cb, 

Ce, Ea, Eb, AAAA, BBBB; 40 CFR part 62 subpart FFF, 

HHH, JJJ. 

2,3,7,8-Tetrachlorodibenzofurans (furan) and 2,3,7,8-Tetr

achlorodibenzo-p-dioxin (dioxin).

95 .3 40 CFR part 63 subparts X, LL, EEE, LLL, MMM, DDDDD, 

JJJJJJ; 40 CFR part 60 subpart Cb, Ce, Ea, Eb, AAAA, 

BBBB; 40 CFR part 62 subpart FFF, HHH, JJJ. 

IV. Surrogate Pollutants Used by the 

EPA To Ensure That the Section 

112(c)(6) Requirements are Fulfilled 

The EPA has promulgated regulations, 

‘‘assuring that sources accounting for 

not less than 90 per centum of the 

aggregate emissions of each such 

pollutant are subject to standards under 

subsection (d)(2) or (d)(4).’’ 42 U.S.C. 

7412(c)(6). The EPA set the required 

standards under two approaches. In the 

course of promulgating MACT 

standards, the EPA has often established 

emission standards that directly 

regulated section 112(c)(6) HAP and 

explained that these standards 

contribute to fulfilling the agency’s 

obligations under section 112(c)(6). For 

example, the NESHAPs for Gold Mine 

Ore Processing and Production (76 FR 

9450), Portland Cement Manufacturing 

Industry (75 FR 54970), Municipal 

Waste Combustion Units (70 FR 75348), 

Hospitals/Medical/Infectious Waste 

Incinerators (74 FR 51368), Hazardous 

Waste Combustors (70 FR 59402), 

Sewage Sludge Incineration Units (76 

FR 15372), and several other source 

categories, include emissions limits that 

specifically address mercury emissions. 

Likewise, the EPA has promulgated 

many regulations that specifically 

address dioxins and furans to achieve 

the 90 percent requirement (such as 

NESHAPs for Municipal Waste 

Combustion Units (70 FR 75348), 

Hospitals/Medical/Infectious Waste 

Incinerators (74 FR 51368), Hazardous 

Waste Combustors (70 FR 59402), and 

Secondary Aluminum Production (64 

FR 6946)). The public was provided an 

opportunity to comment on the above 

mentioned agency statements regarding 

its section 112(c)(6) obligations, and 

comments on those statements were 

addressed in those rulemakings. 

In some regulations, the EPA 

subjected section 112(c)(6) HAP to 

MACT level of control by setting 

emission limits for another HAP or 

compound,28 which serves as a 

surrogate for the targeted section 

112(c)(6) HAP. It is well established that 

‘‘EPA may use a surrogate [substance] to 

regulate hazardous pollutants if it is 

‘reasonable’ to do so’’ Nat’l Lime Ass’n 

v. EPA, 233 F.3d 625, 637 (D.C. Cir. 

2000) (upholding EPA decision to 

regulate particulate matter (‘‘PM’’) 

emissions as a surrogate for regulation 

of HAP metal emissions from cement 

kilns, based on evidence that ‘‘HAP 

metals are invariably present in cement 

kiln PM,’’ id. at 639); see also, e.g., 

Sierra Club v. EPA, 353 F.3d 976, 982– 

85 (D.C. Cir. 2004) (upholding the EPA’s 

use of particulate matter as a surrogate 

for HAP emissions in setting MACT 

standards for primary copper smelters); 

Bluewater Network v. EPA, 370 F.3d 1, 

18 (D.C. Cir. 2004) (upholding the EPA’s 

regulation of HC emissions as a 

surrogate for regulation of fine PM 

emissions). See also Kennecott Greens 

Creek Min. Co. v. Mine Safety and 

Health Admin., 476 F.3d 946, 954–55 

(D.C. Cir. 2007) (‘‘there is nothing 

inherently problematic with an 

regulating one substance as a surrogate 

for another substance.’’). Some 

examples of the EPA’s regulation of 

section 112(c)(6) HAP through 

surrogates include: 

• National Emission Standards for 

Hazardous Air Pollutants for Hazardous 

Waste Combustors (64 FR 52828 and 70 

FR 59402). POM and PCBs were 

regulated through surrogate substances 

(total hydrocarbons and carbon 

monoxide (CO)). See 64 FR 52847 and 

70 FR 59432 for discussions of these 

surrogates. 

• Standards of Performance for New 

Stationary Sources and Emissions 

Guidelines for Existing Sources: 

Hospital/Medical/Infectious Waste 

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74678 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 

29Note that the NESHAP for this source category 

also includes standards for volatile organic 

compounds. The POM emitted from this source 

category is naphthalene, which is considered a 

volatile organic compound. 

30See memorandum titled ‘‘Thermal Incinerators 

and Flares,’’ available in the docket to this action. 

Incinerators (74 FR 51368). POM and 

PCBs were regulated through surrogate 

substances (CO and dioxins/furans). See 

74 FR 51390, 51399 for discussion of 

these surrogates. 

• Standards of Performance for New 

Stationary Sources and Emission 

Guidelines for Existing Sources: Large 

Municipal Waste Combustors (70 FR 

75348). POM and PCBs were regulated 

through surrogate substances (CO and 

dioxins/furans). See 70 FR 75356 for 

discussion of these surrogates. 

• National Emission Standards for 

Hazardous Air Pollutants for Major 

Sources: Industrial, Commercial, and 

Institutional Boilers and Process Heaters 

(76 FR 15608). POM was regulated using 

CO as a surrogate. See 76 FR 15653 for 

discussion of CO as a surrogate for 

POM. 

In all of the above mentioned 

standards, which were promulgated 

through notice and comment 

rulemaking, the EPA had explained its 

section 112(c)(6) obligations and, to the 

extent surrogates were used, the 

surrogacy relationship to the relevant 

section 112(c)(6) HAP. We are not 

requesting comments on these prior 

rulemakings. 

However, in some standards 

promulgated prior to the EPA’s 

development of the baseline emissions 

inventory for section 112(c)(6) and 

publication of the initial listing of 

categories in the 1998 Notice, the EPA 

did not always explain the surrogacy 

relationship. As explained below, the 

surrogates chosen for section 112(c)(6) 

HAP in such rulemakings are reasonable 

and ensure that the section 112(c)(6) 

HAP are ‘‘subject to standards’’ for the 

purposes of section 112(c)(6). 

A. Surrogates for POM 

1. Coke Oven Emissions as a Surrogate 

for POM 

The EPA promulgated emissions 

standards under section 112(d)(2) for 

coke oven emissions, which include 

emissions of POM and other HAP from 

coke oven batteries. See 40 CFR part 63, 

Subpart L and Subpart CCCCC. POM is 

a constituent of coke oven emissions. 

See 57 FR 57535 and 69 FR 48341. The 

EPA considered POM together with 

other HAP that compose coke oven 

emissions because of the difficulty of 

measuring specific pollutants, including 

POM, and because of the fugitive and 

variable nature of the emissions. See 66 

FR 33533 (discussing the impracticality 

of measuring specific HAP compounds 

emitted from coke ovens). Coke oven 

batteries are not enclosed sources. 

Consequently, coke oven emissions are 

released from many different pieces of 

coke oven equipment through leaks that 

can change in size and location over 

time. The MACT standards for Coke 

Oven Batteries were designed to 

minimize coke oven emissions which 

include POM as well as other HAP (see 

69 FR 48341). Because of the 

technological difficulty of collecting and 

measuring coke oven emission from 

coke oven batteries, the EPA concluded 

that a mass emission limitation for coke 

ovens was not technologically or 

economically practicable. See 66 FR 

33533. Instead, the EPA found limits 

based on visible emissions to be the 

only feasible means of regulating coke 

oven emissions (including POM) from 

coke oven batteries at the time the 

MACT standards were developed. Id. 

Such limits are expressed in terms of 

the maximum allowable seconds of 

visible emissions per charge for the 

charging system and the maximum 

allowable percent of doors, lids, and 

offtake systems from which visible 

emissions may occur at any one time. 

For existing by-product batteries, the 

final rule limits visible emissions from 

coke oven doors, topside port lids, and 

offtake systems. Accordingly, the MACT 

standard requires a visible emission 

method to measure coke oven emissions 

and comply with the standard. 

Under the standard, POM is 

controlled at the same time as other 

HAP. Observation and engineering 

theory indicate that a reduction in 

visible coke oven emissions results in a 

reduction in mass emissions. For the 

reasons stated above, the EPA has 

assured that coke oven emissions 

(which include POM) from coke oven 

batteries are subject to MACT level of 

control, as required under section 

112(c)(6). 

2. Total HAP, Total Organic Carbon, 

Total Hydrocarbons, and Total Organic 

HAP 

Many of the source categories counted 

towards our 90 percent requirement for 

POM are surface coating operations. In 

the NESHAP for Aerospace Industries 29

(60 FR 45956), the EPA set MACT 

standards for total HAP in surface 

coatings, which serves as a surrogate for 

POM in coatings. Polycyclic organic 

matter is a constituent of total HAP. The 

Aerospace Industries NESHAP regulates 

POM through limitation of total HAP 

content in coatings applied (i.e., grams 

of HAP per kilogram of coating used). 

HAP are effectively controlled by 

reducing those HAP in surface coatings, 

which prevents them from being 

subsequently emitted. 

A number of other categories subject 

to MACT standards for the purposes of 

section 112(c)(6) are also surface coating 

processes (fabricated metal products 

manufacturing at major sources 

(NESHAP for Surface Coating of 

Miscellaneous Metal Parts and Products, 

69 FR 130), coated and laminated paper 

and packages at major sources (NESHAP 

for Paper and Other Web Coating, 67 FR 

72330), paint and allied products 

(NESHAP for Miscellaneous Organic 

Chemical Manufacturing, 68 FR 63852), 

wood household furniture 

manufacturing at major sources 

(NESHAP for Wood Furniture 

Manufacturing Operations, 60 FR 

62930), transportation equipment 

manufacturing (NESHAP for Surface 

Coating of Automobiles and Light-Duty 

Trucks, 69 FR 22602), ship building and 

repair (NESHAP for Shipbuilding and 

Ship Repair (Surface Coating) 

Operations, 60 FR 64330), and 

commercial printing: Gravure at major 

sources (NESHAP for Printing and 

Publishing Industry, 67 FR 27132)). 

These source categories address POM 

(and other organic HAP emissions) by 

regulating total organic HAP in coatings 

and limiting emissions of those HAP 

from coatings to levels equivalent to 

those of the best performing coatings 

(i.e., coatings with the lowest levels of 

total organic HAP) through MACT 

analyses, as required under section 

112(d)(2). Total organic HAP serves as a 

surrogate for POM and other organic 

HAP compounds present in coatings in 

these NESHAPS. These NESHAPs 

employed identical rationales when 

limiting HAP in coatings and there was 

no technical basis in any of the above 

mentioned surface coating NESHAPs to 

differentiate between POM and other 

organic HAP present in coatings. 

Some source categories that are 

subject to MACT standards for the 

purposes of section 112(c)(6) employ 

combustion processes that control 

organic HAP. In numerous rulemakings, 

the EPA has set standards for 

combustion processes based on the long 

term performance of a combustion 

device under conditions typically 

encountered in industrial 

applications.30 In these NESHAPs, the 

EPA determined that limiting outlet 

concentrations of organic compounds to 

20 parts per million by volume (ppmv) 

or reducing total organic compound 

emissions by 98 percent was MACT for 

combustion processes. Some standards 

counted towards meeting our 90 percent 

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31Use of a properly operated thermal oxidizer 

(operated at a minimum temperature of 1,600 °F 

and a minimum residence time of 0.75 seconds) 

was also an equivalent control option. 

32Plastics material and resins manufacturing at 

major sources are subject to the NESHAP for Group 

IV Polymers and Resins, 61 FR 48208. The 

requirements in this NESHAP mirror those found in 

the HON. POM is regulated through the same 

surrogate as the HON, as described in this section. 

This category references the HON in its regulatory 

requirements and the rationale for surrogates 

chosen is identical to the HON. 

33This NESHAP also allows sources to measure 

total organic HAP for compliance purposes. 

requirement for the purposes of section 

112(c)(6) set such MACT standards. 

Two section 112(c)(6) categories (pulp 

and paper—kraft recovery furnaces and 

pulp and paper—lime kilns) are 

combustion processes that are subject to 

the NESHAPs for Pulp and Paper 

Production (63 FR 18504 and 66 FR 

3180). Kraft recovery furnaces and lime 

kilns at pulp and paper mills are 

combustion processes that are used to 

recover chemicals in the paper 

production process as well as to control 

HAP emissions from other sources at 

pulp and paper mills. The EPA 

determined that a properly operated 

kraft recovery furnace or lime kiln 

would reduce total HAP exiting the 

combustion process by at least 98 

percent (or to a level below 20 parts per 

million) and established this standard as 

a surrogate for organic HAP, including 

POM. See 63 FR 18508. This level of 

control was determined to be MACT for 

these sources and the two equivalent 

forms of the standard (98 percent 

reduction of total HAP or a numerical 

emission limit of 20 ppmv of total HAP) 

ensure that organic HAP are effectively 

controlled. Id. Effective operation of the 

kraft recovery furnace or lime kiln will 

indiscriminately destroy POM along 

with other HAP present in the exhaust 

gases and is considered MACT.31 There 

was no technical basis for differentiating 

between POM and other organic HAP 

emitted from these chemical recovery 

processes since they are present together 

and controlled using the same 

combustion process. 

Other section 112(c)(6) source 

categories subject to standards for total 

organic HAP as a surrogate for POM 

include industrial organic chemicals 

manufacturing and naphthalene 

production. Total organic HAP is used 

as a surrogate for regulating POM 

emissions from industrial organic 

chemicals manufacturing and 

naphthalene production, both of which 

are subject to the HON NESHAP.32 POM 

is indiscriminately and effectively 

controlled through the same combustion 

processes as other organic HAP 

regulated by the HON. In the HON, the 

EPA grouped all of the organic HAP 

(including POM) together and looked at 

the total organic HAP for purposes of 

applying controls and projecting 

emissions reductions (except for 

wastewater where HAP-specific 

standards were promulgated). For the 

industrial organic chemicals 

manufacturing and naphthalene 

production source categories, this was 

appropriate because emissions of POM 

come from the same types of activities 

and operations as emissions of the other 

HAP and the MACT combustion 

controls used to limit POM have 

essentially the same performance 

regardless of the individual compound. 

In other words, the EPA had no 

technical reason to make distinctions 

among various organic HAP except in 

the case of wastewater, for which the 

EPA promulgated organic HAP-specific 

standards. As a result, the control 

measures required by the HON reduce 

emissions of POM and other organic 

HAP from process vents, storage vessels, 

transfer racks, and equipment leaks. 

Emissions of POM generated from these 

source categories are not controlled 

differently than emissions of other 

organic HAP. By contrast, the EPA did 

not group all of the organic HAP 

together for wastewater because 

different HAP compounds have 

different physical properties when 

mixed with water. The analyses for 

wastewater streams were conducted on 

an organic HAP-specific basis, and the 

EPA promulgated organic HAP-specific 

standards for wastewater streams, 

including a specific standard for 

naphthalene, based upon physical 

property information for each HAP. See 

40 CFR part 63, subpart G, app. (table 

9) listing the control requirements for 

each, including a 99 percent control 

requirement for naphthalene. The 

control requirement for naphthalene is 

designed to reduce emissions of POM 

from wastewater streams generated 

during industrial inorganic chemicals 

manufacturing and naphthalene 

production. 

The section 112(c)(6) category 

‘‘petroleum refining—all processes’’ is 

subject to two NESHAPs for petroleum 

refineries (NESHAP for Petroleum 

Refineries, 60 FR 43244, and NESHAP 

for Petroleum Refineries: Catalytic 

Cracking Units, Catalytic Reforming 

Units, and Sulfur Recovery Units, 67 FR 

17762). In the NESHAPs for petroleum 

refineries, the EPA set MACT standards 

for total organic carbon,33 which serves 

as a surrogate for POM emitted from 

combustion processes. POM is a 

constituent of total organic carbon and 

is controlled through the same 

combustion process as other organic 

carbon-containing compounds emitted 

by this source category. Sources subject 

to standards for total organic carbon in 

the NESHAP for petroleum refineries 

subject organic compounds, including 

POM, to MACT levels of control through 

combustion. POM, as well as other 

organic compounds, are 

indiscriminately and effectively 

destroyed through combustion and there 

is no technical reason to distinguish 

between POM and other organic 

compounds controlled through this 

process. The MACT standard for total 

organic carbon in the NESHAP is 98 

percent destruction of organic 

compounds including POM or an outlet 

concentration of 20 ppmv. See 63 FR 

48896. 

The NESHAP for Asphalt Roofing 

Manufacturing (68 FR 24561) regulates 

POM and other organic HAP through 

total hydrocarbons (THC) as a surrogate. 

As explained in the final rule, the 

combustion controls required in the 

NESHAP effectively control 

hydrocarbons, including POM and other 

organic HAP. Emissions of POM and 

other organic HAP are controlled 

equally with other hydrocarbons and 

there was no technical reasons to 

differentiate between POM and other 

hydrocarbons when establishing the 

MACT standard. See 68 FR 24566. 

3. Carbon Monoxide 

In the NESHAP for Reciprocating 

Internal Combustion Engines (RICE) (69 

FR 33474), the EPA established 

emission standards for carbon monoxide 

as a surrogate for emissions of organic 

hazardous air pollutants (including 

POM). POM and carbon monoxide are 

both emitted due to incomplete 

combustion. Low levels of carbon 

monoxide are an indicator of good 

combustion practices. POM is a byproduct of combustion and good 

combustion practices minimize 

emissions of POM. While the 

relationship between CO and POM was 

not discussed in the context of section 

112(c)(6) in the RICE rulemaking, it was 

discussed in a number of other rules 

such as the Major Source Boilers 

NESHAP (76 FR 15608) and the section 

129 standard for Hospital/Medical/ 

Infectious Waste Incinerators (74 FR 

51368). This approach is based on the 

demonstrated relationship between the 

combustion process and these 

pollutants. Combustion, such as occurs 

in the units subject to the RICE NESHAP 

and other rules, is the process of 

breaking apart the organic (i.e., carboncontaining) molecules in the fuel and 

converting them to carbon dioxide. 

Perfectly complete combustion would 

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74680 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 

convert all of the carbon in the fuel to 

carbon dioxide. Completeness of the 

combustion process is dependent on 

several variables, including 

temperature, amount of oxygen, and 

mixing of the fuel and oxygen. 

Incomplete combustion results in 

production of partly broken down and 

partially oxidized organic compounds, 

including CO and POM. Because the 

conversion of CO to carbon dioxide is a 

difficult step, and the last one in the 

destruction of hydrocarbons, including 

organic HAPs, it is a good indicator of 

the completeness of combustion. Thus, 

decreasing levels of CO are correlated 

with increasing destruction of organic 

compounds until a threshold is reached 

where, because combustion of CO is the 

last step in combustion, the combustion 

of organic materials is essentially 

complete. CO concentration is thus an 

indicator of the level of destruction of 

organic compounds, and accordingly 

can be used as a surrogate to control the 

emissions of organic HAPs. 

B. Surrogates for Hexachlorobenzene 

(HCB) 

As shown in the updated 1990 

baseline inventory (Table 1), two source 

categories (pesticides manufacturing 

and chlorinated solvents production) 

composed 100 percent of the 1990 

baseline HCB emissions. 

Chlorinated solvents production is 

subject to the HON. 59 FR 19402. In the 

HON NESHAP, EPA subject HCB 

emissions from chlorinated solvent 

production to MACT level of control by 

regulating total organic HAP, which 

serves as a surrogate for HCB. Consistent 

with section 112(c)(6), the EPA 

considered HCB emissions in 

developing the HON. HCB was 

identified as an organic HAP that would 

be subject to the HON. See 59 FR 19463 

(Table 1 to subpart F). The EPA 

assumed that production of HCB would 

result in air emissions from gaseous 

discharges from reactors and other 

equipment as well as losses of process 

fluids from equipment seal failures, 

emissions from product storage and 

transfer, and emissions from wastewater 

containing HCB. The estimates of 

emissions from these processes were 

derived from information on the 

processes, physical property 

information for HCB, and wellestablished engineering calculations for 

different types of releases. 

In most of the analyses, the EPA 

grouped all of the organic HAP 

(including HCB) together and looked at 

the total organic HAP for purposes of 

applying controls and projecting 

emissions reductions. For the 

chlorinated solvents production source 

category, this was appropriate because 

emissions of HCB come from the same 

types of activities and operations as 

emissions of the other HAP and because 

most of the control technologies 

required under section 112(d) were 

expected to have essentially the same 

performance regardless of the individual 

compound. In other words, the EPA had 

no technical reason to make distinctions 

among various organic HAP except in 

the case of wastewater, for which the 

EPA promulgated organic HAP-specific 

standards (discussed below). As a result, 

the control measures required by the 

HON reduce emissions of HCB and 

other organic HAP from process vents, 

storage vessels, transfer racks, and 

equipment leaks. Emissions of HCB 

during its production are not controlled 

differently than emissions of other 

organic HAP. 

By contrast, the EPA did not group all 

of the organic HAP together for 

wastewater because different HAP 

compounds have different physical 

properties when mixed with water. The 

analyses for wastewater streams were 

conducted on an organic HAP-specific 

basis, and the EPA promulgated organic 

HAP-specific standards for wastewater 

streams, including a specific standard 

for HCB, based upon physical property 

information for each HAP. See 40 CFR 

part 63, subpart G, Appendix (Table 9, 

listing the removal requirements for 

each, including a 99 percent removal 

requirement for HCB). The removal 

requirement for HCB is designed to 

reduce emissions of HCB from 

wastewater streams generated during 

HCB production. 

The section 112(c)(6) source 

categories, ‘‘pesticide manufacture and 

agricultural chemicals’’ are subject to 

the NESHAP for Pesticide Active 

Ingredient Production (64 FR 33550). In 

this NESHAP, the EPA set MACT 

standards for total organic carbon and 

total organic HAP, which serve as 

surrogates for hexachlorobenzene. 64 FR 

33549 (June 23, 1999). HCB is a 

constituent of each surrogate and the 

same logic for the choice of surrogate 

discussed for the HON above applies 

here (i.e., the combustion processes that 

serve as the basis for MACT 

indiscriminately and effectively control 

HCB along with other organic HAP 

compounds). Other sources, such as 

wastewater, were required to comply 

with organic HAP-specific standards 

found in the HON, which specifically 

lists HCB as one of the HAP emitted 

from the source category and provided 

HCB-specific control requirements. See 

59 FR 19463, table listing HCB as one 

of the section 112 organic HAP subject 

to the rule. 

V. Conclusion 

In light of the information presented 

in this document, the EPA proposes that 

we have fulfilled the 90 percent 

requirements for all section 112(c)(6) 

HAP. The EPA proposes that sources 

accounting for at least 90 percent of the 

aggregate emissions of each section 

112(c)(6) HAP are ‘‘subject to standards’’ 

for the purposes of section 112(c)(6). 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the OMB for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because it does not contain any 

information collection activities. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. This action does not alter any 

of the standards discussed in this 

document. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538 and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175. This proposed action does 

not materially alter the stringency of any 

standards discussed in this document. 

Thus, Executive Order 13175 does not 

apply to this action. 

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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 74681 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 because the EPA does not 

believe the environmental health risks 

or safety risks addressed in this action 

present a disproportionate risk to 

children. A health and risk assessment 

was not performed for this action 

because it does not alter any of the 

regulations discussed in this action. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a subject to 

Executive Order 13211, because it is not 

a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low income or indigenous 

populations because it does not affect 

the level of protection provided to 

human health or the environment. An 

environmental justice evaluation was 

not performed for this action because it 

does not alter any of the regulations 

discussed in this action. 

List of Subjects 

40 CFR Part 60 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

40 CFR Part 63 

Administrative practice and 

procedure, Air pollution control, 

Hazardous materials, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: December 10, 2014. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2014–29482 Filed 12–15–14; 8:45 am] 

BILLING CODE 6560–50–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

48 CFR Parts 701, 702, 703, 704, 705, 

706, 707, 709, 711, 713, 714, 715, 716, 

717, 719, 722, 725, 726, 727, 728, 731, 

732, 733, 736, 742, 745, 747, 750, and 

752 

RIN 0412–AA76 

Incorporate Various Administrative 

Changes and Internal Policies Into the 

USAID Acquisition Regulation (AIDAR) 

AGENCY: U.S. Agency for International 

Development. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule is a 

companion document to the U.S. 

Agency for International Development 

(USAID) direct final rule (published in 

the ‘‘Rules and Regulations’’ section of 

this Federal Register), amending the 

Agency for International Development 

Acquisition Regulation (AIDAR). AIDAR 

is revised to maintain consistency with 

the Federal Acquisition Regulation 

(FAR) and conform the regulation to 

previously implemented policy. 

Obsolete material is removed and 

numerous clarifications and editorial 

amendments are made to better specify 

the regulation. 

DATES: Submit comments on or before 

January 15, 2015. 

ADDRESSES: Address all comments 

concerning this document to Marcelle 

Wijesinghe, Bureau for Management, 

Office of Acquisition and Assistance, 

Policy Division (M/OAA/P), Room 867, 

SA–44, Washington, DC 20523–2052. 

Submit comments, identified by title of 

the action and Regulatory Information 

Number (RIN) by any of the following 

methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Email: Submit electronic comments to 

both mwijesinghe@usaid.gov and 

lbond@usaid.gov. See SUPPLEMENTARY

INFORMATION for file formats and other 

information about electronic filing. 

Mail: USAID, Bureau for Management, 

Office of Acquisition & Assistance, 

Policy Division, Room 867, SA–44, 

Washington, DC 20523–2052. 

FOR FURTHER INFORMATION CONTACT: 

Lyudmila Bond, Telephone: 202–567– 

4753 or Email: lbond@usaid.gov. 

SUPPLEMENTARY INFORMATION: USAID is 

publishing the amendment as a direct 

final rule because the Agency views it 

as a conforming and administrative 

amendment and does not anticipate any 

adverse comments. A detailed 

discussion of the rule is set forth in the 

preamble of the direct final rule. 

If no adverse comments are received 

in response to the direct final rule, no 

further action will be taken related to 

this proposed rule. 

If adverse comments are received on 

the direct final rule, USAID will publish 

a timely partial withdrawal in the 

Federal Register informing the public 

what sections of the direct final rule 

will not take effect. Any portions of the 

final rule for which no adverse or 

critical comments are received will 

become final after the designated 

period. 

All public comments received on the 

direct final rule will be addressed in a 

subsequent final rule based on this 

proposed rule. USAID will not institute 

a second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

A. Instructions 

All comments must be in writing and 

submitted through one of the methods 

specified in the Addresses section 

above. All submissions must include the 

title of the action and RIN for this 

rulemaking. Please include your name, 

title, organization, postal address, 

telephone number, and email address in 

the text of the message. 

Comments submitted by email must 

be included in the text of the email or 

attached as a PDF file. Please avoid 

using special characters and any form of 

encryption. Please note, however, that 

because security screening precautions 

have slowed the delivery and 

dependability of surface mail to USAID/ 

Washington, USAID recommends 

sending all comments to the Federal 

eRulemaking Portal. 

All comments will be made available 

for public review without change, 

including any personal information 

provided, from three workdays after 

receipt to finalization of action at http:// 

www.regulations.gov. Do not submit 

information that you consider to be 

Confidential Business Information (CBI), 

Personally Identifiable Information or 

any information that is otherwise 

protected from disclosure by statute. 

As noted above, in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register, USAID is publishing a direct 

final rule with the same title that 

announces revisions to the Agency for 

International Development Acquisition 

Regulation (AIDAR). For detailed 

information on these revisions, please 

see the direct final rule. 

Dated: October 7, 2014. 

Aman S. Djahanbani, 

Chief Acquisition Officer. 

[FR Doc. 2014–26050 Filed 12–15–14; 8:45 am] 

BILLING CODE 6116–01–P 

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