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+(,121/,1( Citation: 51 Fed. Reg. 27955 1986 Content downloaded/printed from HeinOnline (http://heinonline.org) Tue Feb 23 11:17:04 2016 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. Monday . August 4, 1986 Part :11 Environmental Protection Agency 40 CFR Part 61 National Emission Standards for" Hazardous Air Pollutants; Standards for .Inorganic Arsenic; Final Rule 27956 Federal Register / Vol. 51, No. 149 / Monday, August 4, 1986 / Rules and Regulations ENVIRONMENTAL PROTECTION ADDRESSES: Background Information supporting the promulgated standards, AGENCY Documents. The background contact Dr. James Crowder, Industrial information documents (BID's) may be Studies Branch, MD-13, U.S. 40 CFR Part 61 obtained from the U.S. EPA Library Environmental Protection Agency, (MD-35), Research Triangle Park, North Research Triangle Park, NC 27711, JAD-FR L-2779-3 1 Carolina 27711, telephone number (919) telephone (919) 541-5601. For 541-2777. Please specify: information on the regulation of National Emission Standards For EPA-450/3-83-Olob Inorganic Arsenic inorganic arsenic emissions and the Hazardous Air Pollutants; Standards Emissions from Primary Copper promulgated standards, contact Mr. For Inorganic Arsenic Smelters and Arsenic Plants- Robert L. Ajax, Standards Development Background Information for Branch. MD-13, U.S. Environmental AGENCY: Environmental Protection Promulgated Standards. Protection Agency, Research Triangle Agency (EPA). EPA-450/3-83-Olb Inorganic Arsenic Park, North Carolina 27711, telephone ACTION: Final rule. Emissions From Glass Manufacturing (919) 541-5578. For information Plants-Background Information for concerning the listing of inorganic SUMMARY: On June 5, 1980, EPA listed Promulgated Standards. arsenic as a hazardous air pollutant, inorganic arsenic as a hazardous air EPA-450/5-85-001 Inorganic Arsenic contact Mr. Robert Kellam, Pollutant pollutant under section 112 of the Clean NESHAP: Responses to Public Assessment Branch, MD-12, U.S. Air Act (48 FR 37886). Standards were Comments on Health, Risk Assessment. Environmental Protection Agency, subsequently proposed for inorganic and Risk Management. Research Triangle Park, NC 27711. arsenic emissions from high-arsenic EPA-450/5-85-002 Inorganic Arsenic telephone (919) 541-5645. primary copper smelters, low-arsenic Risk Assessment for Primary and SUPPLEMENTARY INFORMATION: The primary copper smelters, and glass Secondary Lead Smelters, Primary Zinc manufacturing plants on July 20, 1983 (48 discussion of the promulgated standards Smelters, Zinc Oxide Plants, Cotton and their basis and the decision not to FR 33112). Additional control measures Gins, and Arsenic Chemical Plants. for high-arsenic primary copper smelters regulate certain source categories is The BID's for the promulgated organized as-follows: and associated arsenic plants were standards each contain: (1) A summary proposed in a December 16, 1983, of all public comments on the proposed 1. Overview Federal Register notice (48 FR 55880) standard, including comments that are 1. Background and additional control options for glass not discussed in this preamble, and 2. Basis for Promulgated Standards 3. Summary of Standards and Actions - manufacturing plants were proposed in EPA's responses to these comments; (2) a March 20, 1984, Federal Register notice It. Risk Management Policy and General a summary of changes to the standard Ilealth Issues (49 FR 10278). This Federal Register since proposal; and (3) the final 1. Health Effects and Listing of Inorganic notice reaffirms the Administrator's. environmental impact statement (EIS), Arsenic decision that inorganic arsenic is a which summarizes the impacts of the 2. Public Exposure and IIcalth Risk hazardous air pollutant and responds to standard. Estimates comments on and promulgates For background information on the 3. Risk Management standards for inorganic arsenic health effects and carcinogenicity of III. Primary Copper Smelters emissions from primary copper smelters, inorganic arsenic, please refer to 1. Summary of Promulgated Standard 2. Summary of Environmental. Health, glass manufacturing plants, and arsenic "Health Assessment Document for plants. Energy, and Economic Impacts Inorganic Arsenic," EPA-60018-83-021F. 3. Significant Changes Since Proposal Six other categories of sources This document also may be obtained at 4. Additional Analyses emitting inorganic arsenic were also the above address. 5. Basis for Standard identified and discussed in the July 20, Dockets. Dockets containing 6. Discussion of Comments 1983, Federal Register notice: primary supporting information considered in 7..Impacts of Reporting and Recordkeeping lead smelters, secondary lead smelters, developing the promulgated standards Requirements primary zinc smelters, zinc oxide plants, are available for public inspection and IV. Class Manufacturing Plants cotton gins, and arsenic chemical copying between 8:00 a.m. and 4:00 p.m. 1. Summary of Promulgated Standard 2. Summary of Environmental, I lealth, manufacturing plants. This Federal. Monday through Friday, at EPA's Energy, and Economic Impacts Register notice responds to comments Central Docket Section, West Tower 3. Significant Changes Since Proposal on the decision that standards for these Lobby, Gallery 1, Waterside Mall, 401 M 4. Additional Analyses sources were not warranted and Street, SW., Washington, DC 20460. A 5. Basis for Standard reaffirms the Administrator's decision reasonable fee may be charged for 6. Discussion of Comments not to regulate these sources. copying. The following dockets are 7. Impacts of Reporting and Recordkeeping available. Requirements EFFECTIVE DATE: August 4, 1986. Under V. Arsenic Trioxide and Metallic Arsenic section 307(b)(1) of the Clean Air Act, OAQPS-79.-8 Listing of arsenic as a Production Facilities judicial review of the actions taken by hazardous pollutant 1. Summary of Promulgated Standard this notice is available only by filing a A-80-40 High-arsenic and low-arsenic 2. Summary of Environmental, Health. petition for review in the United States copper smelters Energy, and Economic Impacts Court of Appeals for the District of A-83-8 Glass manufacturing plants 3. Significant Changes Since Proposal Columbia circuit within 60 days of A-83--9 Secondary lead 4. Additional Analyses today's publication of this notice. Under A-83-10 Cotton gins 5. Basis for Standard section 307(b)(2) of the Clean Air Act, A-83-11 Zinc oxide plants 6. Discussion of Comments the requirements that are the subject of A-83-23 Primary zinc, primary lead. 7. Impacts of Reporting and Recordkeeping Requirements today's notice may not-be challenged arsenic chemical manufacturing. VI. Negative Determinations later in civil or criminal proceedings FOR FURTHER INFORMATION CONTACT: 1. Summary of Decisions brought by EPA to enforce these For. further information concerning the 2. Significant Changes Since Proposal requirements. background technical 'information 3. Additional Analyses Federal Register / Vol. 51, No. 149 / Monday, August 4, 1986 / Rules and Regulations 27957 4. Basis for Decisions categories was not warranted. These significantly, but the actual 5. Discussion of Comments sources are primary lead smelters, configuration of the facilities was not VII. Miscellaneous secondary lead smelters, primary zinc specified. Therefore, EPA is 1. Docket smelters, zinc oxide plants, cotton gins, promulgating the proposed standard for 2. Reporting and Recordkeeping sources at arsenic 3. Executive Order 12291 and arsenic chemical manufacturing fugitive emission 4. Regulatory Flexibility Analysis plants. During the consideration of plants. This standard is being 5. Regulatory Flexibility Act Certification public comments on the proposed established as Subpart P. The only actions, new information on emissions existing arsenic plant is the ASARCO The Overview section presents a brief and costs as well as new regulatory arsenic plant at Tacoma, Washington. summary of the basis for the standards approaches were published for public while and a summary of the standards, comment. Specifically, on December 16, Public Participation present the sections on the standards 1983, EPA proposed in the Federal The To provide interested persons an more detailed discussions. Register (48 FR 55880) for comment. discussion of the risk management opportunity to comment on the proposed additional controls for fugitive emission standards, public hearings were held on policy and health issues presented in the sources at high-arsenic primary copper part of this preamble is limited November 2, 3, and 4, 1983, in Tacoma, second smelters and any associated arsenic to issues generally applicable to the Washington, and on November 8, 1983, plant. The comment period for the in Washington, DC. Both hearings were actions. Policy and health issues specific proposed standard on glass to individual source categories are open to the public, and each attendee manufacturing plants was reopened on was given an opportunity to comment on presented as part of the specific March 20, 1984, (49 FR 10278) to take discussion on the standard. the proposed standards and the negative public comment on proposed options for determinations. During the various I. Overview controlling emissions from furnaces public comment periods, about 800 producing soda-lime glass and the letters