Friday, December 19, 2003 Part II Environmental Protection Agency 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercury Cell Chlor-Alkali Plants; Final Rule VerDate jul<14>2003 15:14 Dec 18, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\19DER2.SGM 19DER2 70904 Federal Register / Vol. 68, No. 244 / Friday, December 19, 2003 / Rules and Regulations ENVIRONMENTAL PROTECTION types of sources (usually in the Information or other information whose AGENCY elemental or inorganic forms) transports disclosure is restricted by statute. through the atmosphere and eventually The official public docket is the 40 CFR Part 63 deposits onto land or water bodies. collection of materials that is available [OAR–2002–0017; FRL–7551–5] When mercury is deposited to surface for public viewing. The EPA Docket waters, natural processes (bacterial) can RIN 2060–AE85 Center Public Reading Room is open transform some of the mercury into from 8:30 a.m. to 4:30 p.m., Monday methylmercury that accumulates in fish. through Friday, excluding legal National Emission Standards for Ingestion is the primary exposure route Hazardous Air Pollutants: Mercury holidays. The telephone number for the of interest for methylmercury. The Reading Room is (202) 566–1744, and Emissions From Mercury Cell Chlor- health effect of greatest concern due to Alkali Plants the telephone number for the Air Docket methylmercury is neurotoxicity, is (202) 566–1742. AGENCY: Environmental Protection particularly with respect to fetuses and Agency (EPA). young children. Electronic Docket Access. You may access the final rule electronically ACTION: Final rule. In addition, in this final action, we are utilizing our authority under section through the EPA Internet under the SUMMARY: This action promulgates 112(d)(4) of the CAA not to regulation Federal Register listings at http:// national emission standards for chlorine and hydrochloric acid (HCl) www.epa.gov/fedrgstr/. hazardous air pollutants (NESHAP), emissions from the mercury cell chlor- An electronic version of the public specifically mercury emissions, from alkali plant subcategory. docket is available through EPA’s mercury cell chlor-alkali plants. The EFFECTIVE DATE: December 19, 2003. electronic public docket and comment final rule will limit mercury air ADDRESSES: Docket. We have system, EPA Dockets. You may use EPA emissions from these plants. The final established an official public docket for Dockets at http://www.epa.gov/edocket/ rule will implement section 112(d) of this action under Docket ID No. OAR– to view public comments, access the the Clean Air Act (CAA) which requires 2002–0017, A–2000–32, A–2002–09, index listing of the contents of the all categories and subcategories of major and OAR–2002–0016 available for official public docket, and to access sources and area sources listed under public viewing at the Office of Air and those documents in the public docket section 112(c) to meet hazardous air Radiation Docket and Information that are available electronically. pollutant emission standards reflecting Center (Air Docket) in the EPA Docket Although not all docket materials may the application of the maximum Center, (EPA/DC) EPA West, Room be available electronically, you may still achievable control technology (MACT). B102, 1301 Constitution Avenue, NW., access any of the publicly available Mercury cell chlor-alkali plants are a Washington, DC. docket materials through the docket subcategory of the chlorine production FOR FURTHER INFORMATION CONTACT: For facility in the above paragraph entitled source category listed under the ‘‘Docket.’’ Once in the system, select authority of section 112(c)(1) of the information concerning applicability and rule determinations, contact your ‘‘search,’’ then key in the appropriate CAA. The chlorine production source docket identification number. category was also identified as a source State or local regulatory agency of mercury under section 112(c)(6) that representative or the appropriate EPA Judicial Review. Under CAA section must be subjected to standards. In Regional Office representative. For 307(b), judicial review of the final addition, mercury cell chlor-alkali information concerning analyses NESHAP is available only by filing a plants were listed as an area source performed in developing the final rule, petition for review in the U.S. Court of category under section 112(c)(3) and contact Mr. Iliam Rosario, Metals Group, Appeals for the District of Columbia (k)(3)(B) of the CAA. The final rule, Emission Standards Division (C439–02), Circuit on or before February 17, 2004. which will satisfy our requirement to U.S. EPA, Research Triangle Park, North Only those objections to the NESHAP issue 112(d) regulations under each of Carolina 27711; telephone number (919) which were raised with reasonable these listings (for mercury), will reduce 541–5308; fax number (919) 541–5600; specificity during the period for public mercury emissions by about 3,068 electronic mail address: comment may be raised during judicial kilograms per year from the levels [email protected]. review. Under section 307(b)(2)of the allowed by the existing Mercury SUPPLEMENTARY INFORMATION: Docket. CAA, the requirements established by NESHAP. The official public docket consists of the today’s final action may not be Mercury is a neurotoxicant that documents specifically referenced in challenged separately in any civil or accumulates, primarily in the especially this action, any public comments criminal proceeding we bring to enforce potent form of methylmercury, in received, and other information related these requirements. aquatic food chains. The highest levels to this action. Although a part of the Regulated Entities. Categories and are reached in predator fish species. official docket, the public docket does entities potentially regulated by this Mercury emitted to the air from various not include Confidential Business action include: Category SIC 1 NAICS 2 Regulated entities Industry ............................................................................................... 2812 325181 Alkalies and Chlorine Manufacturing. 1 Standard Industrial Classification. 2 North American Information Classification System. This list is not intended to be action, you should examine the or local agency (or EPA Regional Office) exhaustive, but rather provides a guide applicability criteria in § 63.8182 of the described in the preceding FOR FURTHER for readers regarding entities likely to be final rule. If you have questions INFORMATION CONTACT section. regulated by this action. To determine regarding the applicability of this action Worldwide Web (WWW). In addition whether your facility is regulated by this to a particular entity, consult your State to being available in the docket, an VerDate jul<14>2003 15:14 Dec 18, 2003 Jkt 203001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\19DER2.SGM 19DER2 Federal Register / Vol. 68, No. 244 / Friday, December 19, 2003 / Rules and Regulations 70905 electronic copy of the final rule will also D. Unfunded Mandates Reform Act of 1995 from potash manufacturing. The be available on the WWW through the E. Executive Order 13132—Federalism majority of the source category is made Technology Transfer Network (TTN). F. Executive Order 13175—Consultation up of chlor-alkali plants that produce Following signature, a copy of the final and Coordination With Indian Tribal chlorine and caustic (sodium Governments hydroxide) using mercury cells, rule will be posted on the TTN’s policy G. Executive Order 13045—Protection of and guidance page for newly proposed Children From Environmental Health diaphragm cells, or membrane cells. We or promulgated rules http:// Risks and Safety Risks also identified operating plants that www.epa.gov/ttn/oarpg. H. Executive Order 13211—Actions produce chlorine as a by-product: one Outline. The information in this Concerning Regulations That from the production of sodium metal in preamble is organized as follows: Significantly Affect Energy Supply, Down cells, another from the Distribution, or Use I. Introduction and Background production of potassium nitrate A. What Is the Source of Authority for I. National Technology Transfer and fertilizer that uses the nitric acid/salt Development of NESHAP? Advancement Act of 1995 process, and a third that produces B. What Is the Source Category? J. Congressional Review Act chlorine as a by-product from primary C. What Criteria Are Used in the I. Introduction and Background magnesium refining (magnesium Development of NESHAP? refining is a separately listed source D. What Actions Were Proposed for This A. What Is the Source of Authority for category and will be addressed on its Source Category? Development of NESHAP? own in a separate rulemaking). In E. How Did the Public Participate in Developing the Rulemaking? Section 112 of the CAA contains our addition, at a site where a membrane F. What Is a Mercury Cell Chlor-alkali authorities for reducing emissions of cell process is located, we have also Plant? hazardous air pollutants (HAP). Section identified a process that produces G. How Does This Action Relate to the 40 112(c)(1) of the CAA requires us to list chlorine through the decomposition of CFR Part 61 Mercury NESHAP? categories and subcategories of major HCl. Our analysis shows that the only II. Summary of Changes Since Proposal sources and area sources of HAP and to HAP emitted from sources within this III. Summary of the Final Rule establish