Vol. 77 Thursday, No. 3 January 5, 2012 Part II Environmental Protection Agency 40 CFR Part 63 National Emissions Standards for Hazardous Air Pollutants From Secondary Lead Smelting; Final Rules VerDate Mar<15>2010 16:35 Jan 04, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\05JAR2.SGM 05JAR2 mstockstill on DSK4VPTVN1PROD with RULES2 556 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations ENVIRONMENTAL PROTECTION related to emissions during periods of the telephone number for the Air and AGENCY startup, shutdown, and malfunction. Radiation Docket and Information DATES: This final action is effective on Center is (202) 566–1742. 40 CFR Part 63 January 5, 2012. The incorporation by FOR FURTHER INFORMATION CONTACT: For [EPA–HQ–OAR–2011–0344; FRL–9610–9] reference of certain publications listed questions about this final action, contact in the rule is approved by the Director RIN 2060–AQ68 Mr. Nathan Topham, Office of Air of the Federal Register as of January 5, Quality Planning and Standards, Sector 2012. National Emissions Standards for Policies and Programs Division, U.S. ADDRESSES: Hazardous Air Pollutants From The EPA has established a Environmental Protection Agency, Secondary Lead Smelting docket for this action under Docket ID Research Triangle Park, NC 27711; No. EPA–HQ–OAR–2011–0344. All telephone number: (919) 541–0483; fax AGENCY: Environmental Protection documents in the docket are listed on number: (919) 541–3207; and email Agency (EPA). the http://www.regulations.gov Web address: [email protected]. For ACTION: Final rule. site. Although listed in the index, some additional contact information, see the information is not publicly available, following SUPPLEMENTARY INFORMATION SUMMARY: This action finalizes the e.g., confidential business information section. residual risk and technology review (CBI) or other information whose conducted for the secondary lead disclosure is restricted by statute. SUPPLEMENTARY INFORMATION: For smelting source category regulated Certain other material, such as specific information regarding the risk under national emission standards for copyrighted material, is not placed on assessment and exposure modeling hazardous air pollutants. These final the Internet, and will be publicly methodology, contact Dr. Michael amendments include revisions to the available only in hard copy form. Stewart, Office of Air Quality Planning emissions limits for lead compounds; Publicly available docket materials are and Standards, Health and revisions to the standards for fugitive available either electronically through Environmental Impacts Division, Air emissions; the addition of total http://www.regulations.gov, or in hard Toxics Assessment Group (C504–06), hydrocarbon and dioxin and furan copy at the EPA Docket Center, EPA U.S. Environmental Protection Agency, emissions limits for reverberatory and West Building, Room Number 3334, Research Triangle Park, NC 27711; electric furnaces; the addition of a work 1301 Constitution Ave. NW., telephone number: (919) 541–7524; fax practice standard for mercury Washington, DC. The Public Reading number: (919) 541–0840; and email emissions; the modification and Room hours of operation are 8:30 a.m. address: [email protected]. For addition of testing and monitoring, to 4:30 p.m. Eastern Standard Time information about the applicability of recordkeeping, and reporting (EST), Monday through Friday. The this NESHAP to a particular entity, requirements; related notifications; and telephone number for the Public contact the appropriate person listed in revisions to the regulatory provisions Reading Room is (202) 566–1744, and Table 1 to this preamble. TABLE 1—LIST OF EPA CONTACTS FOR THE NESHAP ADDRESSED IN THIS ACTION NESHAP for OECA contact a OAQPS contact b Secondary Lead Smelting ........................................................................... Maria Malave, (202) 564–7027, Nathan Topham, (919) 541– [email protected]. 0483, [email protected]. a EPA’s Office of Enforcement and Compliance Assurance. b EPA’s Office of Air Quality Planning and Standards. Acronyms and Abbreviations. The NTTAA National Technology Transfer and based on evaluations performed by the following acronyms and abbreviations Advancement Act EPA in order to conduct our risk and are used in this document. OP Office of Policy technology review. In this action, we are ppbv parts per billion by volume CAA Clean Air Act finalizing decisions and revisions for ppbw parts per billion by weight the rule. Some of the significant CBI confidential business information ppmv parts per million by volume CDX Central Data Exchange ppmw parts per million by weight comments and our responses are CEMS continuous emission monitoring REL recommended exposure limit summarized in this preamble. A system RFA Regulatory Flexibility Act summary of the public comments on the CPMS continuous parameter monitoring RIA Regulatory Impact Analysis proposal not presented in the preamble, system RIN Regulatory Information Number and the EPA’s responses to those D/F dioxins and furans RTR Risk and Technology Review ERT Electronic Reporting Tool comments, is available in Docket ID No. SRF short rotary furnace HAP hazardous air pollutants EPA–HQ–OAR–2011–0344. A tracked TEF toxic equivalency factor HQ hazard quotient changes version of the regulatory ICR information collection request TEQ toxic equivalency quotient language that incorporates the changes lbs/yr pounds per year THC total hydrocarbons TTN Technology Transfer Network in this action is available in the docket. MACT maximum achievable control Organization of This Document. The technology UMRA Unfunded Mandates Reform Act UPL upper prediction limit following outline is provided to aid in MIR maximum individual risk locating information in the preamble. NAAQS National Ambient Air Quality WWW World Wide Web Standards I. General Information NESHAP National Emission Standards for Background Information Document. A. Does this action apply to me? Hazardous Air Pollutants On May 19, 2011 (76 FR 29032), the B. What is the affected source? ng/dscm nanograms per dry standard cubic EPA proposed revisions to the C. Where can I get a copy of this meter Secondary Lead Smelting NESHAP document? VerDate Mar<15>2010 16:35 Jan 04, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\05JAR2.SGM 05JAR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 557 D. Judicial Review TABLE 2—NESHAP AND INDUSTRIAL becomes a reconstructed source and is II. Background SOURCE CATEGORIES AFFECTED BY subject to the relevant standards for a III. Summary of the Final Rule THIS FINAL ACTION new affected source. The reconstructed A. What are the final rule amendments for source must comply with the the Secondary Lead Smelting source a b requirements for a new affected source category? NESHAP and source NAICS MACT category Code Code B. What are the effective and compliance upon initial startup of the reconstructed dates of the standards? source, or by March 5, 2012, whichever Secondary Lead is later. C. What are the requirements for Smelting ................ 331492 0205 submission of performance test data to C. Where can I get a copy of this a the EPA? North American Industry Classification document? IV. Summary of Significant Changes Since System. Proposal b Maximum Achievable Control Technology. In addition to being available in the A. Changes to the Risk Assessment Table 2 of this preamble is not docket, an electronic copy of this final Performed Under CAA Section 112(f) intended to be exhaustive, but rather action will also be available on the B. Changes to the Technology Review provides a guide for readers regarding World Wide Web through the Performed Under CAA Section 112(d)(6) entities likely to be affected by the final Technology Transfer Network (TTN). C. Other Changes Since Proposal Following signature, a copy of the final V. Summary of Significant Comments and action for the source category listed. To determine whether your facility would action will be posted on the TTN’s Responses policy and guidance page for newly A. Use of Lead Primary NAAQS as a be affected, you should examine the Measure of Acceptability of Risk for applicability criteria in the appropriate proposed and promulgated rules at the Public Health NESHAP. As defined in the source following address: http://www.epa.gov/ B. Total Enclosure Requirements category listing report published by the ttn/caaa/new.html. The TTN provides C. Work Practice Standard Requirements EPA in 1992, the Secondary Lead information and technology exchange in D. Emission Standards for Organic HAP Smelting source category is defined as various areas of air pollution control. From Rotary Furnaces any facility at which lead-bearing scrap Additional information is available on E. The EPA’s Risk Assessment Supporting materials (including, but not limited to the residual risk and technology review the Proposed Rule (RTR) web page at http://www.epa.gov/ F. Miscellaneous Changes to the Regulatory lead acid batteries) are recycled by smelting into elemental lead or lead ttn/atw/rrisk/rtrpg.html. This Text information includes source category G. Emission Testing Methods and alloys.1 For clarification purposes, all Frequency reference to lead emissions in this descriptions and detailed emissions and H. Startup, Shutdown, and Malfunction preamble means ‘‘lead compounds’’ other data that were used as inputs to VI. Summary of Cost, Environmental, and (which is a hazardous air pollutant) and the risk assessments. Economic Impacts all reference to lead production means D. Judicial Review A. What are the affected facilities? elemental lead (which is not a B. What are the air quality impacts? Under CAA section 307(b)(1), judicial C. What are the cost impacts? hazardous air pollutant) as provided review of this final action is available D. What are the economic impacts? under CAA section 112(b)(7). only by filing a petition for review in If you have any questions regarding E. What are the benefits? the United States Court of Appeals for the applicability of any aspect of this VII.