[Federal Register Volume 62, Number 119 (Friday, June 20, 1997)]
[Notices]
[Pages 33625-33639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15985]


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ENVIRONMENTAL PROTECTION AGENCY

[Docket No. A-97-05; FRL-5843-6]


Clean Air Act, Section 112(c)(6), Specific Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of draft source category listing for section 112(d)(2) 
rulemaking pursuant section 112(c)(6) requirements.

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SUMMARY: This action provides, for public review and comment, a draft 
list of source categories to be added to EPA's list of source 
categories for regulation under section 112(d). This action is being 
taken pursuant to section 112(c)(6) of the Clean Air Act (Act), as 
amended in 1990, and a consent decree entered in Sierra Club v. 
Browner, Civ. No. 95-1747 (consolidated with Sierra Club v. Browner, 
Civ. No. 96-436). Draft and final lists are required under the consent 
decree to be completed and made available by EPA by June 11, 1997 and 
December 19, 1997, respectively.
    A listing under section 112(c)(6) is necessary before standards 
under sections 112(d)(2) or (d)(4) can be developed, but by itself does 
not automatically result in regulation or control of emissions from 
sources within these source categories. Once the list is finalized, EPA 
will perform further analyses on emissions and control methods for the 
listed source categories. This regulatory development analysis will 
determine any ultimate regulatory requirements.

DATES: Written comments must be received on or before July 21, 1997. 
Requests for extensions to this comment period are not anticipated to 
be granted due to the limited time available for publication of the 
final list.

ADDRESSES: Docket. Docket No. A-97-05, containing information 
considered by EPA in developing this notice, is available for public 
inspection and copying between 8:00 a.m. and 5:30 p.m., Monday through 
Friday except for Federal holidays, at the following address: U.S. 
Environmental Protection Agency, Air and Radiation Docket and 
Information Center (MC-6102), 401 M Street, SW, Washington, DC 20460; 
telephone (202) 260-7548. The docket is located at the above address in 
Room

[[Page 33626]]

M-1500, Waterside Mall (ground floor). A reasonable fee may be charged 
for copying.
    Comments. Comments should be submitted (in duplicate, if possible) 
to Air Docket (6102), Attn: Docket Number A-97-05, Environmental 
Protection Agency, 401 M Street SW, Washington, DC 20460. Refer to 
SUPPLEMENTARY INFORMATION for information regarding electronic 
submittal of comments.

FOR FURTHER INFORMATION CONTACT: Laurel Driver, Office of Air Quality 
Planning and Standards (MD-15), U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711, telephone number (919) 
541-2859. Electronic Mail address: [email protected].

SUPPLEMENTARY INFORMATION:

    Docket. The docket for this regulatory action is A-97-05. The 
docket is an organized and complete file of all the information 
submitted to or otherwise considered by the Agency in the development 
of this list of categories for sources for section 112(c)(6). The 
principal purpose of this docket is to allow interested parties to 
identify and locate documents that serve as a record of the process 
engaged in by the Agency to publish today's notice. The docket is 
available for public inspection at the EPA's Air and Radiation Docket 
and Information Center, which is listed in the addresses section of 
this notice.
    Electronic Submittal of Comments. Comments and data may also be 
submitted electronically to A-and-R-D[email protected]. No 
Confidential Business Information (CBI) should be submitted through e-
mail. Electronic comments must be submitted as an ASCII file avoiding 
the use of special characters and any form of encryption. Electronic 
comments on this notice may be filed online at many Federal Depository 
Libraries.
    Comments and data will also be accepted on disks in WordPerfect 5.1 
or 6.1 file format or ASCII file format. All comments and data for this 
notice, whether in paper form or in electronic forms such as through e-
mail or on disk, must be identified by the docket number A-97-05.
    The information in this notice is organized as follows:

I. Introduction
    A. Statutory Requirements
    B. Schedule
II. Background
    A. Overview of Statutory Authority
    B. General Procedure
III. Section 112(c)(6) Emissions Inventory
A. General Methodology
    1. Top Down versus Bottom Up
    2. Sources of Data
    3. Base Year
    4. Pollutant Definitions
    a. Polycyclic Organic Matter (POM)
    b. Dioxins and Furans
    5. Major versus Area Sources
    B. Assumptions
    C. Review Process
    D. Inventory Results
IV. Listing Determination Process
    A. Sources Excluded from Section 112(c)(6) Analysis
    1. Wild and Prescribed Fires
    2. Residential Fuel Combustion
    3. Pesticide Manufacturing
    B. Defining ``Subject to Standards''
    1. Section 112(d)(2)
    2. Section 112(d)(4)
    3. Other Regulatory Actions
    a. Utility Study, Section 112(n)(1)
    b. Section 129 Standards
    c. Industrial Combustion Coordinated Rulemaking (ICCR)
    d. Gasoline Distribution Stage II, Sections 182(3)(b) and 
202(a)(6)
    C. Regulatory Coverage for Section 112(c)(6) Pollutants
V. Sources Categories that Require Listing as a Result of the 
Section 112(c)(6) Analysis
VI. Regulatory Requirements
    A. General
    B. Executive Order 12866 and Office of Management and Budget 
(OMB) Review
Table 1. Summary of 1990 Emission Inventory Data for Section 
112(c)(6) Pollutants
Table 2. 1990 Anthropogenic Stationary Source Category Percentage 
Contributions and Associated Regulations
Figure 1. Percent Contributions by Source Categories

I. Introduction

A. Statutory Requirements

    Section 112(c)(6) of the Act prescribes the following program for 
seven specific pollutants:

    With respect to alkylated lead compounds, polycyclic organic 
matter, hexachlorobenzene, mercury, polychlorinated biphenyls, 2, 3, 
7, 8-tetrachlorodibenzo-furans and 2, 3, 7, 8-tetrachlorodibenzo-p-
dioxin, the Administrator shall, not later than 5 years after the 
date of enactment of the Clean Air Act Amendments of 1990, list 
categories and subcategories of sources assuring that sources 
accounting for not less than 90 percentum of the aggregate emissions 
of each such pollutant are subject to standards under subsections 
(d)(2) or (d)(4). Such standards shall be promulgated not later than 
10 years after such date of enactment. This paragraph shall not be 
construed to require the Administrator to promulgate standards for 
such pollutants emitted by electric utility steam generating units.

B. Schedule

    The EPA has entered into a consent decree with the Sierra Club 
Legal Defense Fund, Inc., in response to Sierra Club v. Browner, Civ. 
No. 95-1747 (consolidated with Sierra Club v. Browner, Civ. No. 96-
436). These actions concern performance of certain duties under Act 
sections 112(c)(3), (c)(6), (k), and 202(l), and require, among other 
actions, that EPA publish a draft of the list described in section 
112(c)(6) no later than June 11, 1997, making a final list available no 
later than December 19, 1997.

II. Background

A. Overview of Regulatory Authority

    Section 112 of the Act, as amended in 1990, contains the EPA's 
authorities for reducing emissions of hazardous air pollutants (HAP). 
Subsection 112(b)(1) contains an initial list of 189 HAP (recently 
revised to contain 188 HAP, 61 FR 30816, June 18, 1996). Subsection 
112(c)(1) requires the Administrator to publish a list of all 
categories and subcategories of major sources and area sources of the 
air pollutants listed pursuant to subsection 112(b). Subsection 112(d) 
requires the Administrator to promulgate regulations establishing 
emission standards for each category or subcategory of major sources 
and area sources of HAP listed. Subsection 112(d)(2) specifies that 
emission standards promulgated under the subsection shall require the 
maximum degree of reductions in emissions of the HAP subject to section 
112 that are deemed achievable, i.e., the maximum achievable control 
technology (MACT). These regulations are termed ``technology-based'' 
standards because they are based on technologies that the best 
performing sources are using. These technologies may include equipment 
or process design, chemical substitution, collection and treatment of 
emissions, work practices, and other measures.
    Subsection 112(d)(4) provides for consideration of health 
thresholds with an ample margin of safety. Certain other subsections of 
section 112 require EPA, in addition to technology-based standards, to 
evaluate risk to public health and the environment in determining 
whether other control measures are appropriate.
    Section 112(c)(6) names seven specific HAP that EPA must evaluate 
to be certain the sources of these HAP have been identified and 
subjected to standards. These specific pollutants are alkylated lead 
compounds, polycyclic organic matter (POM), hexachlorobenzene (HCB), 
mercury, polychlorinated biphenyls (PCB's), 2, 3, 7, 8-
tetrachlorodibenzofuran, and 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin.

[[Page 33627]]

B. General Procedure

    In order to determine the sources of the seven HAP named in section 
112(c)(6), EPA developed an emissions inventory of known sources of 
each HAP. The EPA used the emission inventory to determine the sources 
that account for the emissions of each section 112(c)(6) pollutant. 
Once these sources of the total emissions were identified, only the 
stationary, anthropogenic source categories which fall within the scope 
of section 112 were evaluated to determine whether they were currently 
regulated or scheduled for regulation under section 112(d)(2) or 
(d)(4).
    In several cases, source categories identified as contributors to 
the estimates of the emissions of section 112(c)(6) pollutants are not 
currently listed for regulation under section 112, but are subject to 
other standards required by the Act. In some cases, EPA is planning to 
credit regulations for sources of these emissions as meeting the 
substantive purposes of section 112(c)(6) even though they are not 
actually section 112(d)(2) or (d)(4) standards. The EPA believes other 
regulatory authorities address these source categories' emissions in a 
manner comparable to section 112(d)(2) and, thus, additional regulation 
under section 112(c)(6) may not contribute additional environmental 
benefits. The EPA invites comment on this approach. More details on the 
specific source categories evaluated and the applicable regulatory 
authorities are given in section IV.

III. Section 112(c)(6) Emissions Inventory

A. General Methodology

    In order to implement the section 112(c)(6) requirements, EPA 
developed a national inventory of sources and emissions for the 
designated pollutants for the base year 1990. The base year inventory 
report can be obtained from the EPA's Internet World Wide Web site 
(www.epa.gov/oar/oaqps/airtox/112c6fac.html). It should be noted that 
current emissions may be lower or higher than emissions calculated for 
the 1990 base year.
    The base year inventory document includes estimates for all sources 
of the section 112(c)(6) pollutants for which the Agency could 
establish estimation techniques. Therefore, this inventory includes 
estimates for sources that EPA believes would not be subject to section 
112 regulations, i.e., mobile sources, wild and prescribed fires, 
residential fuel combustion, and pesticides application. More detail on 
the sources and emissions considered in meeting the requirements of 
section 112(c)(6) appears in section IV.A. The EPA believes this base 
year inventory report will be a useful reference to readers who wish to 
understand the relative relationship of stationary source emissions 
(and in particular those that have been evaluated for section 112(c)(6) 
purposes) to emissions from other types of sources. In addition, where 
EPA did not have data to support an emissions estimate but did have 
information to suggest a source category was a potential emitter of a 
section 112(c)(6) pollutant, it is so noted in the inventory document.
    For the purposes of section 112(c)(6), only stationary source 
emissions are relevant. The inventory not only quantifies emissions 
from individual stationary source categories, but also provides 
information concerning ``major'' and ``area'' sources for each source 
category as defined in section 112(a) of the Act.
1. Top Down Versus Bottom Up
    To address the requirements of section 112(c)(6), EPA developed a 
national inventory of sources and emissions of the designated 
pollutants based on data collected from extensive searches of published 
technical literature, the EPA's MACT standards programs, EPA Locating 
and Estimating (L&E) documents, EPA's Urban Area Toxics Program, the 
Toxics Release Inventory (TRI), the Great Waters Study, and the Clean 
Air Act-mandated Reports to Congress on mercury and utility boilers.
    With the exception of TRI data, the inventory primarily represents 
the product of a ``top-down'' calculational methodology. This means 
emissions were estimated by using some measure of source category 
activity (on the national level) and associated emission factors or 
speciation profiles for the category and its processes. With a few 
exceptions (e.g., dioxin emissions from municipal waste combustors), 
section 112(c)(6) national emissions are not the sum of individual 
facility estimates (i.e., a ``bottom-up'' process). The initial phase 
of the section 112(c)(6) emissions inventory effort constituted a 
screening analysis since EPA was attempting to preliminarily quantify 
atmospheric releases of all sources of the section 112(c)(6) 
pollutants. A top-down approach is generally considered an appropriate 
and cost-effective use of resources for screening efforts such as those 
needed to assess section 112(c)(6) pollutants. The level of effort 
required to estimate emissions using a bottom-up approach for all 
source categories that emit these pollutants would be extremely costly. 
Should it be dictated as a result of this analysis and draft listing, 
such detailed, facility-specific emissions information may be collected 
during the technical analysis phase of MACT program development for the 
source categories listed for future section 112(d)(2) rulemaking 
consideration.
2. Sources of Data
    The national emissions estimates developed for the purposes of the 
section 112(c)(6) process were determined from various data sources. 
The primary sources of existing national emissions estimates were EPA 
regulatory programs (i.e., MACT studies) and industry-provided 
estimates (provided either through the TRI program or directly to the 
section 112(c)(6) process as a part of the public review). Where 
national estimates did not exist, efforts were made to develop data 
using a top-down methodology. In these cases, emission factor data and 
national category activity information were collected. Emission factors 
were obtained from EPA's Compilation of Air Pollutant Emission Factors, 
Volume I: Stationary, Point and Area Sources (AP-42) document, EPA's 
Factor Information Retrieval System (FIRE) emission factor database, 
EPA's MACT programs, published literature, and industry studies. 
Activity data were obtained from published government reports (e.g., 
vehicle miles traveled (VMT) data from the Department of 
Transportation's annual highway statistics, energy consumption data 
from Department of Energy publications), industry trade publications, 
industrial economic reports, industry trade groups, and EPA's MACT 
development programs.
3. Base Year
    The EPA chose the base year 1990 for the emissions inventory. It is 
EPA's presumption that the concerns that led Congress to adopt 
provisions such as section 112(c)(6) were based on facts and 
circumstances that existed at the time the Act was amended. Because 
section 112(c)(6) requires a comparative accounting of the sources of 
these specific pollutants, EPA considered it important that, to the 
greatest extent possible, all emissions be estimated from the same base 
year. In several cases, other and perhaps better emissions estimates 
were available that represent more current emissions levels. In these 
instances, the more current estimate was noted, but the 1990 emissions 
estimate was used for the section 112(c)(6) accounting of the sources 
of the specific pollutants.

[[Page 33628]]

Examples of source categories that have significantly reduced emissions 
since 1990 include:
    Medical Waste Incinerator Units--For 1990, dioxin emissions (in 
tons per year toxic equivalency or TEQ factors) were estimated at 
0.0007 tons. In 1995, emissions were 0.00016 tons (a reduction of 77 
percent).
    Hazardous Waste Incineration Units--For 1990, dioxin emissions were 
estimated at 0.000032 tons. In 1996, dioxin emissions were 0.00002 tons 
(a reduction of 27 percent).
    Municipal Waste Combustion Units--For 1990, mercury emissions were 
estimated to be 55 tons. For 1995, mercury emissions were 29 tons (a 
reduction of 47 percent).
    Portland Cement: Hazardous Waste Kilns--For 1990, mercury emissions 
were estimated to be 3.5 tons and dioxin emissions were 432 grams. For 
1996, emissions were 2.9 tons for mercury (a reduction of 17 percent) 
and 57 grams for dioxin (a reduction of 87 percent).
    Alkylated lead emissions from gasoline distribution from the 
refinery to the storage tanks at service stations (commonly referred to 
as Stage I) for onroad mobile sources were estimated to be 0.086 tons 
in 1990. By 1996, there were no alkylated lead emissions from this 
source (a reduction of 100 percent). In 1990, 1 percent of the onroad 
motor vehicle fuel distributed was classified as leaded fuel. The EPA 
had initiated a program at that time to phase out all lead in fuels 
used for onroad vehicles. On December 31, 1995, the phaseout of leaded 
onroad motor vehicle fuel was completed, and there are currently no 
alkylated lead emissions from the distribution and use of onroad 
vehicle fuels.
    It should be noted that the lead phaseout does not include fuels 
used for aviation, nonroad engines, marine vessels, and automotive 
racing purposes. Evaporative emissions of alkylated lead occur during 
the distribution of fuel and the refueling of the above sources. 
Aviation fuel distribution and refueling operations were included in 
the section 112(c)(6) emission inventory document and are discussed 
further in section V. Data were insufficient to estimate emissions from 
fuel usage from nonroad engines, marine vessels, and automotive racing. 
Alkylated lead emissions due to fuel combustion in any of these leaded 
fuel sources are expected to be minimal or nonexistent because the 
alkylated lead species are converted to lead oxides upon combustion. 
The EPA solicits additional information to help quantify alkylated lead 
emissions from these sources.
4. Pollutant Definitions
    a. Polycyclic Organic Matter (POM). Various conventions were 
adopted for inventorying some of the pollutants where no standardized 
methods currently exist. This is most notably the case for POM, which 
is defined in section 112(b) of the Act as organic compounds with more 
than one benzene ring and a boiling point greater than or equal to 
100 deg.C, which would include a complex mixture of thousands of 
polynuclear aromatic hydrocarbons (PAH).
    Because inventorying all POM compounds individually is currently 
impossible, surrogate approaches have been used. For instance, some of 
the available POM data are in terms of the solvent-extractable fraction 
of particulate matter (referred to as extractable organic matter or 
EOM). The EOM is believed to contain the PAH and substitute-PAH 
compounds that predict cancer risk better than any individual PAH or 
any sum of PAH (Lewtas, J., ``Complex Mixtures of Air Pollutants: 
Characterizing the Cancer Risk of Polycyclic Organic Matter.'' In: 
``Environmental Health Perspectives,'' Volume 100, pp 4-6, June 1993). 
Currently, EOM emission factors are available for only a limited number 
of the sources categories suspected of emitting POM.
    Other POM data are defined as being included in either the group of 
7 or group of 16 individual PAH species referred to as 7-PAH and 16-
PAH, respectively. The species that make up 7-PAH are probable human 
carcinogens, and the 16-PAH are those species that are measured by EPA 
Method 610. The 16-PAH include the 7-PAH group.
    The EPA and others are engaged in further efforts to better 
characterize the constituents of POM that are most significant in 
evaluating health and environmental effects. For a more complete 
discussion of POM surrogates, refer to the section 112(c)(6) emissions 
inventory document. Rather than attempt to resolve the issue of 
defining POM in this discussion by adopting one specific surrogate POM 
approach, data for all three approaches discussed above were evaluated 
in the section 112(c)(6) inventory and in turn used in this regulatory 
assessment. Because the available emissions estimate data vary for each 
of the three approaches, different source categories are listed under 
each of the three approaches. These differences in identified source 
categories are summarized in table 1 (located at the end of this 
notice).
    A decision by the Agency to select a particular definition of POM 
as most relevant to health and environmental effects can affect the 
list of sources for which standards are required. Consequently, EPA 
solicits comment, supporting technical information and legal rationale 
on the following questions concerning its definition of POM: (1) What 
surrogate measurement of POM would provide the best combination of 
emissions estimates and health benchmarks that can be used to identify 
specific source categories or subcategories for regulation under the 
Clean Air Act? (2) In the absence of information which clearly 
establishes the basis for selection of one particular surrogate for 
POM, should EPA rely in the interim on that surrogate which results in 
the least inclusive, or the most inclusive list of sources subject to 
standards under section 112(c)(6)?
    b. Dioxins and Furans. Section 112(c)(6) specifies that of all the 
dioxin and furan congeners, only 2,3,7,8-tetrachlorodibenzo-p-dioxin 
(2,3,7,8-TCDD) and 2,3,7,8-tetrachlorodibenzofuran (2,3,7,8-TCDF) are 
to be considered in this assessment. In developing the emissions 
inventory to support this action, EPA initially attempted to inventory 
the specific 2,3,7,8-TCDD and 2,3,7,8-TCDF congeners but soon found a 
significant shortage of available emissions data for these pollutants 
for all pertinent source categories. During the data collection phase 
of the process, EPA found that more emission estimates and emission 
factors were available for dioxins and furans on the basis of 2,3,7,8-
TCDD toxic equivalent quantities (TEQ, 1989 international-NATO). Both 
EPA's MACT program and the ongoing Office of Research and Development 
Dioxin Reassessment Study predominantly report emission estimates on a 
2,3,7,8-TCDD TEQ basis. Therefore, to maximize the number of source 
categories for which national estimates could be determined on a common 
basis and best carry out the objectives of section 112(c)(6), EPA chose 
to use the TEQ method for inventorying 2,3,7,8-TCDD and 2,3,7,8-TCDF as 
specified under section 112(c)(6). It should be understood that TEQs 
aggregate all of the dioxin and furan species into one factor weighted 
by toxicity, so that the dioxin and furan emissions estimates included 
in this inventory include 2,3,7,8-TCDD and 2,3,7,8-TCDF as well as 
other congeners. More information on the use of the TEQ method can be 
obtained from the section 112(c)(6) inventory report (www.epa.gov/oar/
oaqps/airtox/112c6fac.html).

[[Page 33629]]

5. Major Versus Area Sources
    In most cases, section 112(d)(2) standards regulate only ``major'' 
sources. To better understand what portion of the emissions in a 
category are subject to standards, the inventory distinguishes between 
major and ``area'' sources for each of the source categories studied. 
According to section 112(a) of the Act, a major source is

any stationary source or group of stationary sources located within 
a contiguous area and under common control that emits or has the 
potential to emit, considering controls in the aggregate, 10 tons 
per year or more of any hazardous air pollutant or 25 tons per year 
or more of any combination of hazardous air pollutants.

An area source is any ``stationary source of hazardous air pollutants 
that is not a major source.''
    The distinction between major and area sources is relevant here 
because of the way these sources are listed and regulated. The majority 
of source categories listed for section 112(d) regulations to date are 
listed as major sources. The level of control applied to these major 
sources may be MACT under subsection 112(d)(2) or for pollutants for 
which a health threshold has been established, a standard under 
subsection 112(d)(4). In addition to MACT for major sources, the 
Administrator must list under subsection 112(c)(3) ``each category or 
subcategory of area sources which the Administrator finds presents a 
threat of adverse effects to human health or the environment * * * 
warranting regulation under this section.'' The level of control 
applied to these area sources may be MACT under subsection 112(d)(2), 
an alternative standard for area sources under subsection 112(d)(5), 
or, for pollutants for which a health threshold has been established, a 
standard under subsection 112(d)(4). Regulation under some of these 
subsections may result in a level of control that may be equal or less 
stringent than that for major sources.
    For the purposes of section 112(c)(6), determining the percentage 
of a source category's emissions that come from major sources generally 
establishes the percentage subject to a given section 112(d)(2) 
standard unless area sources for the category have been listed and 
regulated.
    The major/area source split used in this analysis is a rough 
approximation based on EPA's understanding of the industries concerned. 
Where specific data pertaining to major/area splits are available, it 
is typically derived from definitions of facilities, not necessarily 
emissions. The fact that emissions were not specifically defined as 
originating from major or area sources is not a significant problem for 
this section 112(c)(6) evaluation. The majority of section 112(c)(6) 
sources within a source category are either all major or all area, so 
that it could be assumed that the emissions from most source categories 
were solely from major or area sources, respectively.

B. Assumptions

    The emissions inventory developed to support section 112(c)(6) 
activities contains data of highly varying specificity and reliability. 
In some cases, emissions estimates were prepared by EPA or industry in 
response to other regulatory initiatives. These data are, in several 
cases, based on individual facility data or representative, category-
wide data developed from extensive testing. Other more source-specific 
estimate data are based on industry-submitted estimates to TRI, which 
have been based on testing or intimate process-specific knowledge. 
Other estimates were based on a top-down approach utilizing limited 
emission factors. Generally, activity data even for these categories 
were of reasonably good quality. The emission factor data, however, 
varied considerably in terms of number, quality, and 
representativeness.
    This is particularly true for some of the source categories that 
contribute lesser amounts to total emissions of a pollutant. For these 
categories that may have been perceived in the past as being of lesser 
importance, fewer and less representative emissions characterization 
studies have been performed. This fact necessitated that the limited 
data that were available had to be used and extrapolated to the fullest 
to develop a national estimate for a given category. As an example, for 
several of the combustion categories, emission factors had to be based 
on the only available test data, which were about 15 years old. In some 
cases, the data age issue was complicated by the fact that current 
measurement methodologies for a given pollutant may have changed from 
those used to determine the original factors. In other cases, one or 
two data points had to be used to develop factors that were applied to 
an area source category with sources nationwide.
    There is also an issue of completeness for pollutants that are 
defined by different surrogates (e.g., POM, dioxins and furans). For 
instance, several sources have been identified as being POM sources 
because there are 16-PAH emission estimates, but the same categories do 
not have any EOM emission estimates. This does not necessarily mean 
that these sources do not emit EOM; emission factors have just not been 
developed for these source categories at this time.
    Where possible, sources were identified that are suspected to emit 
section 112(c)(6) pollutants, but data were not available to allow for 
quantification of emissions. As a part of this draft listing, EPA seeks 
additional and better-quality 1990 emissions data that may be available 
for section 112(c)(6) sources. Any new data received will be evaluated 
and, if determined to constitute an improvement to the current 
inventory, will be used to revise the inventory. If the inventory is 
revised, the contributions and ranking of source categories may change 
so that section 112(c)(6) listing decisions could be altered.

C. Review Process

    A draft of the section 112(c)(6) emissions inventory was made 
available on EPA's Internet World Wide Web site for review by 
individuals within and external to the EPA (i.e., trade organizations, 
environmental advocacy groups). In addition, EPA identified a list of 
contacts in trade organizations, industry, and environmental advocacy 
groups and contacted them individually by letter to announce the 
availability of the inventory and to request their reviews. The EPA 
requested that any comments on the draft section 112(c)(6) inventory be 
submitted between October 16, 1996 to November 30, 1996. The 59 
comments submitted are summarized in the revised emissions inventory 
document, which can be obtained from the EPA's Internet Web site 
(www.epa.gov/oar/oaqps/airtox/112c6fac.html). Changes were made to the 
inventory to reflect new data or data specific to section 112 
standards. Although EPA has endeavored to make the most accurate 
estimates possible and to use the most reliable information available, 
other information may demonstrate the need for further revisions to 
this inventory. Consequently, EPA again requests information that may 
improve 1990 estimates of sources and emissions of the section 
112(c)(6) HAP.

D. Inventory Results

    Table 1 summarizes the results of the 1990 emissions inventory for 
each of the section 112(c)(6) pollutants in tons per year. This summary 
includes emissions from all sources for which estimation data were 
available. Figure 1 provides a graphic illustration of stationary, 
mobile, and biogenic source

[[Page 33630]]

contributions. These inventory data form the basis for the listing 
analysis.

IV. Listing Determination Process

    During the listing determination process, source categories that 
are not considered appropriate for section 112 regulation were 
identified and excluded from further evaluation for potential listing. 
Source categories that currently are subject to section 112(d)(2) and 
(d)(4) standards were identified, along with sources that are subject 
to other standards required by the Act that substantively meet the 
requirements of section 112(c)(6). The emission contributions from 
these source categories were tallied for each pollutant to determine 
whether the sources of 90 percent of emissions are subject to standards 
(as required by section 112(c)(6)). Those pollutants that did not have 
90 percent coverage required listing of additional source categories to 
attain the 90 percent level.

A. Sources Excluded From Section 112(c)(6) Analysis

    As stated previously, certain sources of section 112(c)(6) 
pollutants, although included in the emissions inventory documentation, 
are not included in the analysis of source categories subject to 
section 112(c)(6). For example, section 112 applies to stationary 
sources; therefore mobile source emissions were excluded.
1. Wild and Prescribed Fires
    Wild and prescribed fires may be a significant source of certain 
toxic air pollutants; however, they are not ``stationary sources,'' as 
that term is defined in section 112(a)(3) or section 111(a)(2), in that 
they are not ``buildings, structures, facilities, or installations.'' 
Moreover, they represent types of emissions that are either 
nonanthropogenic and uncontrollable, or for which no technological 
control techniques are known to exist. Thus, while programs have been 
employed at the State and local level to regulate when, where, and how 
certain burning activities may be conducted, e.g., in order to reduce 
particulate matter (PM) emissions, EPA believes that these activities 
represent sources that are not amenable to further regulation under 
section 112.
2. Residential Fuel Combustion
    Additionally, EPA believes that emissions from residential fuel 
combustion have been identified and the public informed of their 
potential significance, and EPA is engaged in other efforts to reduce 
their emissions. However, the Agency does not believe that such sources 
are appropriately regulated under section 112 standards and believes 
instead that they should be addressed through other means. This view is 
based on an analysis of the practical limitations in establishing the 
basis for the control requirements of section 112(d) for existing 
sources.
    The EPA believes that it is both reasonable and practical to 
establish effective levels of performance for certain new residential 
fuel combustion sources and has done so under section 111 in the case 
of residential wood stoves. In this case, there was a relatively small 
number of known manufacturers and the availability of control 
technology and its effectiveness were reasonably ascertainable. Thus, 
in February 1988, as the result of a negotiated rulemaking that 
included a substantial number of interested industry and environmental 
stakeholders, EPA promulgated a standard to decrease emissions of PM 
from residential wood stoves (53 FR 5860, February 26, 1988). This rule 
required that wood stoves sold after July 1, 1990 be equipped to meet 
emission limits specified within the rule. Catalytic and noncatalytic 
wood stoves complying with the 1990 standards were estimated to emit at 
least 86 and 75 percent less PM, respectively, than existing 
conventional wood stoves. Although no emission estimates were made for 
pollutants other than PM, the rulemaking notice for that standard noted 
that the control techniques used to reduce PM emissions are expected to 
reduce POM (the section 112(c)(6) pollutant emitted from this source 
category) emissions as well.
    Of the emissions estimated for the 1990 baseline inventory for 
residential wood combustion, 21 percent was estimated to have come from 
fireplaces and 79 percent from wood stoves. An increasing proportion of 
wood stoves would become subject to the wood stove emission standard as 
the source population is replaced with new units. When the standard had 
just become effective in 1990, only about 5 percent of wood stoves were 
in compliance with the new rule. In the analyses for the regulation, 
EPA estimated a useful life for wood stoves was approximately 15 years 
(``Regulatory Impact Analysis for Residential Wood Heaters New Source 
Performance Standard,'' EPA Office of Air Quality Planning and 
Standards, Research Triangle Park, North Carolina, December 1, 1988, 
page 8-14). Therefore, EPA believes that the number of wood stoves in 
compliance with the standard has increased and will continue to 
increase substantially over time as more new, complying wood stoves are 
purchased to replace older ones.
    As noted above, the new source performance standard established for 
residential wood stoves is expected to achieve a substantial reduction 
in wood combustion-related emissions as the replacement stoves are 
phased in over time. In contrast with wood stoves, developing 
enforceable national regulations for residential fireplaces is much 
more difficult. Fireplaces are individually designed, often at the 
residential construction site. Individual useage patterns are highly 
variable; and compliance and enforcement issues for a national 
regulation pose difficult problems. The EPA notes that many State and 
local agencies have programs in place to reduce the use of residential 
wood burning at times when atmospheric conditions are conducive to a 
localized buildup of contaminants in the air. The EPA has supported 
these efforts through the provision of control techniques guidance 
(e.g., ``Technical Information Document for Residential Wood Combustion 
Best Available Control Measures,'' EPA 450/2-92-002, EPA Office of Air 
Quality Planning and Standards, Research Triangle Park, North Carolina, 
September 1992) and through grant assistance to State air pollution 
control agencies and expects to continue these efforts in the future. 
The EPA has identified emissions from this category but does not regard 
these sources as comprising that portion of the emissions inventory 
that are potentially subject to section 112(d) standards.
3. Pesticide Manufacturing
    The EPA believes that although pesticide manufacturing is 
appropriately regulated under the Act, specifically section 112, 
pesticide application is governed by provisions of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA). Regulations under 
FIFRA include restricting the content of HAP in pesticides and 
specifying pesticide distribution, sale, and application practices. 
Thus, EPA believes that it would be redundant and inappropriate to 
include this category of activity within that portion of the inventory 
of emission sources that are potentially subject to section 112(d) 
standards.

B. Defining ``Subject to Standards'

    Section 112(c)(6) specifically states that sources that account for 
90 percent of emissions of section 112(c)(6) specific pollutants be 
subject to standards under section 112(d)(2) or section 112(d)(4). It 
is important to recognize that in making sources ``subject to 
standards,'' the

[[Page 33631]]

language of section 112(c)(6) does not specify either a particular 
degree of emissions control or a reduction in these specific 
pollutants' emissions to be achieved by such regulations. Rather, 
specific control requirements are set forth in other subsections in the 
course of developing and evaluating appropriate regulations.
1. Section 112(d)(2)
    Section 112(d)(2) provides for measures that (a) reduce the volume 
or eliminate emission of HAP through process changes, substitution of 
materials or modifications; (b) enclose systems or processes to 
eliminate HAP emissions; (c) collect, capture, or treat HAP when 
released from a process, stack, storage, or fugitive emissions point; 
(d) are design, equipment, work practice, or operational standards 
(including requirements for operator training or certification); or (e) 
are a combination of the above. Section 112(d)(2) standards are based 
on the maximum level of control, defined in section 112(d)(3) as the 
``maximum degree of reduction in emissions that is deemed achievable'' 
(e.g., MACT), as determined by the best-performing 12 percent of 
sources within the source category.
    Several source categories, which have been identified as ones that 
account for the emissions of the various section 112(c)(6) pollutants, 
have previously been listed for section 112(d)(2) regulation and appear 
on the source category list promulgated for section 112(c)(1) (57 FR 
31576, July 16, 1992; 61 FR 28197, June 4, 1996). These standards are 
at varying phases of completion, and where the regulatory development 
has proceeded to a point that data are sufficient to estimate the 
portion of the emissions from a given source category that will be 
subject to the regulation, such an estimate was made. For instance, if 
a section 112(d)(2) standard will apply only to sources determined to 
be major as defined in section 112(a), then only the fraction of the 
total source category emissions that are estimated from major sources 
would be counted as subject to standards. For example, 50 percent of 
chloralkali plants' mercury emissions were estimated to be subject to 
the section 112(d)(2) standard under development, 11 percent of the 
ferroalloy manufacturing emissions, and 10 percent of the Stage I 
gasoline distribution emissions (refer to table 2).
    For other source categories listed for section 112(d)(2) 
regulation, it is too early in the regulatory development phase to 
estimate how much of the total emissions will actually be regulated. In 
these cases, the total emissions from the source category were counted 
toward meeting the requirements of section 112(c)(6). This may 
initially lead to overcounting emissions subject to standards, 
particularly if a standard applies only to major sources and EPA 
determines, at a later date, that no major sources exist for a given 
category, and also EPA does not find that the categories or 
subcategories of area sources present a threat of adverse effects to 
human health or environment. The majority of the source categories 
currently listed are for regulation of major sources only. In the 
absence of other information that would enable EPA to determine the 
subset of sources that will actually be subject to future standards, 
EPA believes all emissions from these source categories will be subject 
to standards.
2. Section 112(d)(4)
    Congress provided in section 112(d)(4) that EPA could, at its 
discretion, develop risk-based standards for HAP ``for which a health 
threshold has been established,'' provided that the standard achieves 
an ``ample margin of safety.'' The full text of the provision reads:

    With respect to pollutants for which a health threshold has been 
established, the Administrator may consider such threshold level, 
with an ample margin of safety, when establishing emission standards 
under this subsection.

The legislative history further indicates that if EPA invokes this 
provision, it must assure that any emission standards would not only 
result in ambient concentrations that would protect the public health 
with an ample margin of safety, but that the standards would also be 
sufficient to protect against the threat of significant or widespread 
adverse environmental effects.
    A threshold pollutant is one considered to have a concentration 
below which adverse effects are not expected to occur over a lifetime 
of exposure. For section 112(d)(4) to apply, the determination of a 
reference concentration (RfC) or reference dose (RfD) for a pollutant 
is sufficient to show that a threshold exists and may be sufficient to 
be considered the ample margin of safety level. (An RfC or RfD is 
defined as an estimate, with uncertainty spanning perhaps an order of 
magnitude, of a daily inhalation or noninhalation exposure, 
respectively, that, over a lifetime, would not likely result in the 
occurrence of noncancer health effects in humans.) When an RfC/RfD does 
not exist, a determination that a threshold exists would have to be 
made based upon the availability of specific data on a pollutant's 
mechanism of action.
    A determination that a threshold exists has not been made for 
alkylated lead, POM, HCB, PCB's, 2,3,7,8-TCDF, or 2,3,7,8-TCDD. 
Therefore, section 112(d)(4) authority has not been used to regulate 
the emissions of any of these pollutants.
    The EPA has established an RfD for methylmercury and an RfC for 
inorganic mercury, but section 112(d)(4) has not been used in 
regulating the emissions of this group of mercury compounds.
    The focus of the earliest regulations under section 112 has been to 
initially control emissions of air toxics using the maximum achievable 
control technologies available for each industry source category 
emitting HAP. In the next phase of section 112 programs, reductions of 
emissions will be health-based and be required to protect the public 
and environmental health to levels deemed ``safe.'' These latter 
determinations will rely on information required by the 1990 Amendments 
to the Act or gathered since they were passed. For example, the Dioxin 
Reassessment Study, the Great Waters Report to Congress, and the 
Mercury Report to Congress represent extensive assessments of the 
health effects and the potential exposure of humans and the environment 
to the pollutants identified in section 112(c)(6). This information 
will be used in future decisions regarding the imposition of health-
based emission reductions.
3. Other Regulatory Actions
    In several cases, source categories identified as contributors to 
the estimates of emissions of section 112(c)(6) pollutants are not 
currently listed for regulation under section 112(d)(2), but are 
subject to other standards required by the Act. In some cases, EPA is 
planning to consider these regulations as meeting its substantive 
obligations under section 112(c)(6), even though these standards do not 
constitute section 112(d)(2) or (d)(4) standards. The EPA believes this 
approach is reasonable where other regulatory authorities address these 
source categories' emissions in a comparable fashion. In such cases, 
additional regulations under section 112(c)(6) may not impose 
substantially different control requirements, may not contribute 
significant additional environmental benefits, and thus would not 
justify the significant additional administrative burden associated 
with developing new section 112(d) regulations. A discussion of these 
source categories regulated under other authorities follows.

[[Page 33632]]

    a. Utility Study, Section 112(n)(1). The language in section 
112(c)(6) states that the ``paragraph shall not be construed to require 
the Administrator to promulgate standards for such pollutants emitted 
by electric utility steam generating units.'' The EPA believes this 
statement gives the Agency discretion in determining the subsection of 
section 112 under which to regulate utility emissions and in particular 
whether EPA is required to include utility emissions in the section 
112(c)(6) analysis. In section 112(n)(1)(A), EPA is required to assess 
the HAP emissions from electric utility steam generating units and to 
regulate if ``appropriate and necessary.'' More information about the 
utility study can be obtained from the Clean Air Act Amendments 
bulletin board of the EPA's electronic Technology Transfer Network 
(TTN) under ``Recently Signed Rules,'' (http://ttnwww.rtpnc.epa.gov).
    The EPA believes that section 112(n)(1)(A) is the appropriate 
authority for evaluating utility emissions and determining the 
necessity of regulation for this source category. The EPA plans to 
credit the emissions of section 112(c)(6) pollutants from utilities as 
subject to standards through section 112(n)(1)(A).
    b. Section 129 Standards. Section 129 regulates emissions from 
existing and new solid waste incinerators (e.g., municipal and medical 
waste incineration). Section 129(h)(2) prohibits subjecting solid waste 
incinerators to both section 129 and section 112(d) standards. Section 
129 standards provide a similar level of control as section 112(d)(2) 
in that for existing sources, control can be no less stringent than the 
average emission limitation achieved by the best-performing 12 percent 
of sources. Under section 129(a)(4), controls are to be specified for 
PM (total and fine), opacity, sulfur dioxide, hydrogen chloride, oxides 
of nitrogen, carbon monoxide, lead, cadmium, mercury, dioxins, and 
dibenzofurans. The PCBs and HCB are not section 129 pollutants. Even 
though PCBs and HCB are not included in section 129, the Agency 
anticipates that they would be controlled coincidentally with the 
control of other section 129 pollutants. Though data on co-control of 
specific chlorinated compounds are limited, properly operated 
combustion systems equipped with post combustion control effectively 
control chlorinated compound(s) in a two step process. First, the 
combustion system destroys the primary chlorinated compounds and 
converts them into less toxic secondary compounds. Next, the post 
combustion air pollution control system removes the secondary 
compounds. For instance, the section 129 standards for municipal and 
medical waste incinerators require both good combustion practices and 
post combustion control and typically achieve more than 95 percent 
control of chlorinated compounds.
    There is no major or area source distinction in section 129, though 
there may be a threshold that triggers applicability of a standard to 
specific sources. For instance, municipal waste combustors capable of 
combusting more than 250 tons per day (tpd) of municipal solid waste 
are subject to section 129 standards under subparts Ea, Eb, or Cb, 
depending on when the MWC was constructed. Regulations are also being 
developed under section 129 to regulate medical waste combustors in the 
40 to 250 tpd size range. Facilities that burn less than 40 tons 
municipal solid waste per day would be subject to the industrial 
combustion coordinated rulemaking (described below).
    Because section 129 provides for a similar level of control as 
section 112(d)(2) and because section 129(h)(2) prohibits subjecting 
solid waste incinerators to both section 129 and section 112(d) 
standards, the Agency believes that it is appropriate to include 
section 129 as a regulatory instrument equivalent to section 112(d)(2). 
The EPA further believes that listing source categories for section 
112(c)(6) that are already covered under section 129 would lead to a 
redundant regulatory effort and would produce no additional 
environmental benefit. The EPA plans, therefore, to credit the 
emissions of section 112(c)(6) pollutants from section 129 source 
categories as subject to standards under section 112(c)(6).
    c. Industrial Combustion Coordinated Rulemaking (ICCR). The ICCR 
was designed to reduce emissions from the many various combustion 
sources by consolidating authorities under sections 129, 112, and 111 
of the Act for the following combustion source categories: industrial-
commercial-institutional boilers (i.e., all boilers except residential 
or utility), process heaters (which could include dryers and industrial 
furnaces), stationary internal combustion engines, stationary gas 
turbines, industrial-commercial solid waste incinerators, and all other 
solid waste incinerators (except municipal waste combustors burning 
more than 40 tpd of waste and medical waste incinerators, which are 
covered under specific regulations developed in accordance with section 
129). It is important to note that the ICCR is based on the authority 
of sections 112 and 129 which satisfy the goals of section 112(c)(6). 
It should also be noted that the ICCR is being conducted under the 
Federal Advisory Committee Act (FACA). The stakeholders (environmental 
advocates, State agencies, and industry) will recommend what source 
categories will ultimately be subject to the ICCR regulation. Under the 
FACA, stakeholders make their recommendations directly to the EPA 
Administrator who is ultimately responsible for the regulation.
    The EPA believes that listing these sources categories for 
additional regulation under section 112(c)(6) would produce a redundant 
regulatory effort and would substantially frustrate the purposes for 
which the ICCR was initiated. Therefore, EPA is planning to credit the 
emissions from source categories included in the ICCR for the purposes 
of meeting the section 112(c)(6) requirements. More information about 
the ICCR is available on the EPA TTN or at the ICCR Main Menu on the 
Internet (http://ttnwww.rtpnc.epa.gov). When accessing the World Wide 
Web site, select ``TTN BBS Web'' from the first menu, then select 
``Gateway to Technical Areas'' from the second menu, and, finally, 
select ``ICCR-Industrial Combustion Coordinated Rulemaking'' from the 
third menu.
    d. Gasoline Distribution Stage II, Sections 182(b)(3) and 
202(a)(6). The emissions of POM (primarily naphthalene) from this 
source category come from the displaced evaporative losses that occur 
while refueling motor vehicles at service stations. Gasoline pumped 
into a vehicle's fuel tank displaces the air-vapor mixture in the 
vehicle tank out through the fuel tank fill neck and into the air. This 
displaced gasoline vapor contains both HAP and VOC, including 
naphthalene.
    The EPA does not expect to list this category for section 112(d)(2) 
or (d)(4) standards, but believes that emissions from this activity 
have already been sufficiently addressed through rules adopted pursuant 
to sections 182(b)(3)and 202(a)(6). Section 202(a)(6) requires a 
nationwide onboard vapor recovery program, and section 182(b)(3) 
requires Stage II vapor recovery in most ozone nonattainment areas (the 
most heavily populated areas of the country). Vehicle refueling 
emission control equipment can be either installed at the service 
station (Stage II controls) or on the vehicle (onboard controls). Both 
control systems capture and recover the displaced vehicle refueling 
emissions.
    The 1990 Amendments required the installation of Stage II controls 
in most ozone nonattainment areas in the early 1990's to achieve VOC 
and HAP reductions, while onboard controls are

[[Page 33633]]

being placed on new vehicles sold in the late 1990's to be the national 
and long-term solution. Once onboard controls are widespread, by the 
year 2010, Stage II controls could be removed after review by EPA.
    Naphthalene, the POM of concern in this emission category, is a HAP 
and a VOC and will be subject to both control measures. The EPA was 
presented with both regulatory programs, provided under different 
sections of the Act, to address a single problem, namely the 
evaporative loss of volatile organics from gasoline refueling 
activities. In implementing these control programs under both sections 
182 and 202, EPA believes that it has also effectively discharged its 
obligations for this category of emissions under section 112(c)(6) as 
well.

C. Regulatory Coverage for Section 112(c)(6) Pollutants

    Table 2 provides a summary of the source categories that emit 
section 112(c)(6) HAP and the percentage of emissions attributable to 
each category. Note that as described in section IV.A., only the 
sources that EPA believes are suitable for regulation under section 112 
are included in this analysis. Table 2 summarizes both the categories 
EPA has determined meet the requirements of section 112(c)(6) and the 
categories that are not subject to such regulation.
    In table 2, the percent contributions of source categories that are 
subject to standards are summed for each pollutant in order to identify 
those section 112(c)(6) pollutants that do not have at least 90 percent 
of emissions subject to standards. Those section 112(c)(6) pollutants 
at or above the 90 percent level are: POM (as defined by EOM), 2,3,7,8-
TCDD, mercury, PCB's, and HCB. These pollutants do not require the 
listing of any additional source categories for future rulemaking.
    Based on the 1990 baseline emissions inventory, the 90 percent 
subject to standards requirement is not met for the following 
pollutants: POM (as defined by 7-PAH), POM (as defined by 16-PAH), and 
alkylated lead. For these pollutants, additional source categories will 
have to be identified to attain the 90 percent level. These additional 
source categories will require listing under section 112(c)(6) for 
section 112 standards development.

V. Source Categories That Require Listing as a Result of the Section 
112(c)(6) Analysis

    A review of the available data indicates that a substantial 
majority of source categories emitting section 112(c)(6) pollutants 
have already been listed for regulations under section 112(d)(2) or are 
subject to regulation under other authorities. Based on EPA's current 
information, in order to meet the section 112(c)(6) requirement to 
assure that the sources of 90 percent of the aggregate emissions of 
each specific HAP is subject to regulation, the following source 
categories would require such regulation: open burning of scrap tires, 
gasoline distribution aviation fuel, and wood treatment/wood 
preservation. A listing under section 112(c)(6) is necessary before 
standards under section 112(d)(2) or (d)(4) can be developed, but by 
itself does not automatically result in regulation or control of 
emissions from sources within these source categories. Once the list is 
finalized, EPA will perform further analyses on emissions and control 
methods for the listed source categories. This regulatory development 
analysis will determine any ultimate regulatory requirements.
    A summary of the reasons for each of the above source category's 
inclusion follows.

--Open burning of scrap tires: This source category accounts for the 
largest portion of POM emissions from sources not subject to regulation 
(53.32 percent defined as 7-PAH, and 26.83 percent defined as 16-PAH). 
The crediting of emissions from this source will bring 7-PAH emissions 
up to the level of 99.87 percent, and 16-PAH emissions up to the level 
of 87.78 percent.
--Wood treatment/wood preservation: This source category emits 7.13 
percent of the 1990 estimated emissions of POM (defined as 16-PAH), 
primarily due to the emissions of naphthalene. After open burning of 
scrap tires, this is the next largest source of 16-PAH. It should be 
noted that major sources in this source category had originally 
appeared on the section 112(c)(1) list for regulation. Later, the 
source category was removed from the list when EPA determined that no 
major sources exist for the category (61 FR 28201, June 4, 1996).

    The listing of the wood treatment/wood preservation source category 
and open burning of scrap tires will bring POM (as defined by 16-PAH) 
source categories subject to standards to the level of 94.92 percent.

--Gasoline distribution, aviation fuel: This category, which consists 
of evaporative losses from the transfer and storage of aviation fuel, 
and aircraft refueling and associated spillage, emitted 78 percent of 
the estimated 1990 emissions of alkylated lead. Because leaded gasoline 
has been banned for use in motor vehicles, this source category 
accounts for the only known remaining emissions of alkylated lead. 
Based on the 1990 baseline emissions inventory and knowledge of the 
lead phaseout, listing this source will subject 100 percent of current 
alkylated lead emissions to standards.

VI. Regulatory Requirements

A. General

    Today's notice is not a rule; it is essentially a housekeeping or 
maintenance activity which does not impose regulatory requirements or 
costs on any sources including small businesses. Therefore, the EPA has 
not prepared an assessment of the potential costs and benefits pursuant 
to Executive Order 12866, nor an economic impact analysis pursuant to 
section 317 of the CAA, nor a regulatory flexibility analysis pursuant 
to the Regulatory Flexibility Act (Pub. L. 96-354, September 19, 1980), 
nor a budgetary impact statement pursuant to the Unfunded Mandates Act 
of 1995. Also, this notice does not contain any information collection 
requirements and, therefore, is not subject to the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq.

B. Executive Order 12866 and Office of Management and Budget (OMB) 
Review

    Under Executive Order 12866 (58 FR 51735; October 4, 1993), the 
Agency must determine whether a regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant'' regulatory action as 
one that is likely to lead to a rule that may either (1) have an annual 
effect on this economy of $100 million or more, or adversely and 
materially affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local or 
tribal governments or communities; (2) create a serious inconsistency 
or otherwise interfere with an action taken or planned by another 
agency; (3) materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or (4) raise novel legal or policy issues arising 
out of legal mandates, the President's priorities, or the principles 
set forth in the Executive Order.
    Pursuant to the terms of Executive Order 12866, this is a not a 
``significant regulatory action'' within the meaning of the Executive 
Order. This notice was

[[Page 33634]]

submitted to OMB for review. Any written comments from OMB and written 
EPA responses are available in the docket.

    Dated: June 11, 1997.
Mary D. Nichols,
Assistant Administrator.

                              Table 1.--Summary of 1990 Emission Inventory Data for Section 112(c)(6) Pollutants (tons/yr)                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           POM                                                                          
                   Source category                    ---------------------------------------------  2,3,7,8-     Mercury       PCB      HCB   Alkylated
                                                           7-PAH          16-PAH           EOM       TCDD TEQ                                     lead  
--------------------------------------------------------------------------------------------------------------------------------------------------------
Asphalt Hot-Mix Production...........................      0.094          43.7                                                                          
Asphalt Roofing Production...........................      1.68           43.6                                                                          
Battery Production...................................  .............  ..............  ............  .........     0.020                                 
Carbamate Insecticides Production....................  .............       4.08                                                                         
Carbon Reactivation Furnaces.........................  .............  ..............  ............  1.25E-07                                            
Carbon Black Production..............................      0.45            4.33       ............  .........     0.25                                  
Chloralkali Production...............................  .............  ..............  ............  .........     6.40                                  
Chlorinated Solvents Production......................  .............  ..............  ............  .........  ............  .........  0.581           
Cigarette Smoke......................................      0.52            3.45                                                                         
Coke Ovens: Charging, Topside & Door Leaks...........     21.2           158               679                                                          
Coke Ovens: Pushing, Quenching & Battery Stacks......     30.1           517                                                                            
Commercial Coal Combustion...........................     36.0           172.7            2744.0    .........   (a)                                     
Commercial Natural Gas Combustion....................  .............       0.030         1,921      .........  ............                             
Commercial Oil Combustion............................      0.032          53.300         1,315.000  .........   (a)                                     
Commercial Wood/Wood Residue Combustion..............      1.01           35.8           1,946                                                          
Crematories..........................................      1.42E-08        8.33E-06   ............  .........     4.10E-04                              
Dental Preparation and Use...........................  .............  ..............  ............  .........     0.80                                  
Drum and Barrel Reclamation..........................      1.27E-06        8.19E-05   ............  2.51E-07                                            
Electrical Apparatus Manufacturing...................  .............  ..............  ............  .........     0.46                                  
Ferroalloy Manufacture...............................      0.26            0.56                                                                         
Fluorescent Lamp Recycling...........................  .............  ..............  ............  .........     0.006                                 
Gasoline Distribution (Aviation).....................  .............  ..............  ............  .........  ............  .........  .....    0.375  
Gasoline Distribution (Stage I)......................  .............     353          ............  .........  ............  .........  .....    0.086  
Gasoline Distribution (Stage II).....................  .............     374          ............  .........  ............  .........  .....    0.019  
General Laboratory Activities........................  .............  ..............  ............  .........     0.80                                  
Geothermal Power.....................................  .............  ..............  ............  .........     1.30                                  
Hazardous Waste Incineration.........................      0.020           0.17       ............  3.30E-05      3.19       0.0278                     
Industrial Coal Combustion...........................      3.09          157.00           2412.00   .........    22.80                                  
Industrial Natural Gas Combustion....................  .............       0.020           928                                                          
Industrial Oil Combustion............................      0.03           50.85            494.00   .........     6.00       4.97E-05                   
Industrial Stationary IC Engines--Diesel.............      0.089           5.02          1,929                                                          
Industrial Stationary IC Engines--Natural Gas........      1.03           47.6                                                                          
Industrial Waste Oil Combustion......................      1.34            7.82                                                                         
Industrial Wood/Wood Residue Combustion..............      2.67          152            97,848      1.13E-04                                            
Instrument Manufacturing.............................  .............  ..............  ............  .........     0.50                                  
Iron and Steel Foundries.............................      0.11           29.7        ............  1.90E-05                                            
Lamp Breakage........................................  .............  ..............  ............  .........     1.50                                  
Landfill (Gas) Flares................................      0.001           0.45                                                                         
Lightweight Aggregate Kilns (burning hazardous waste)  .............  ..............  ............  3.60E-06      0.31                                  
Lime Manufacturing...................................  .............  ..............  ............  .........     0.70                                  
Medical Waste Incineration...........................  .............       0.80             15      0.0007       50.0        0.0403                     
Municipal Waste Combustion...........................  .............       0.099           182      0.0037       55.0        0.0801                     
Naphthalene--Miscellaneous Uses......................  .............       1.22                                                                         
Naphthalene Production...............................  .............      64.60                                                                         

[[Page 33635]]

                                                                                                                                                        
Naphthalene Sulfonates Production....................  .............       6.53                                                                         
Non-Residential Wood Combustion......................  .............  ..............  ............  .........     0.30                                  
Non-Road Vehicles and Equipment (NRVE)--Aircraft.....      0.070           1.87                                                                         
NRVE--Other..........................................  .............  ..............    25,116      .........  ............  .........  .....    0.166  
On-Road Vehicles.....................................     18.8            46.6          56,157      9.50E-05                                            
Open Burning of Scrap Tires..........................    307           1,720                                                                            
Other Biological Incineration........................  .............  ..............         1      1.60E-04   ............  0.0025                     
Pesticides Application...............................  .............  ..............  ............  .........  ............  .........  0.146           
Pesticides Manufacture...............................  .............  ..............  ............  .........  ............  .........  0.458           
Petroleum Refining-Catalytic Cracking Units..........     16.4           313                                                                            
Phthalic Anhydride Production........................  .............      26.2                                                                          
Portland Cement Manufacture: Hazardous Waste Kilns...      4.61           28.0        ............  0.0005        3.5                                   
Portland Cement Manufacture: Non-Hazardous Waste                                                                                                        
 Kilns...............................................      2.78           51.0        ............  6.00E-05      5.00                                  
Primary Aluminum Production..........................    141             662             3,876                                                          
Primary Copper Production............................  .............  ..............  ............  .........     1.90                                  
Primary Lead Smelting................................  .............  ..............  ............  .........     1.30                                  
Pulp and Paper--Kraft Recovery Furnaces..............      3.74          649          ............  3.42E-07                                            
Pulp and Paper--Lime Kilns...........................      0.25          183                                                                            
Pulp and Paper--Sulfite Recovery Furnaces............  .............       6.17                                                                         
Residential Coal Combustion..........................     31.85          102.80       ............  2.34E-04      0.60                                  
Residential Natural Gas Combustion...................      0.080           5.10          4,142                                                          
Residential Oil Combustion...........................      1.700          21.00          1,465      3.78E-06      3.00                                  
Residential Wood Combustion..........................    572           8,855           235,881      3.40E-05                                            
Scrap or Waste Tire Incineration.....................      2.17E-05        0.005      ............  3.00E-07   ............  0.0010                     
Secondary Aluminum Smelting..........................  .............  ..............  ............  1.92E-04                                            
Secondary Copper Smelting............................  .............  ..............  ............  6.80E-06                                            
Secondary Lead Smelting..............................      0.019           3.03       ............  4.25E-06                                            
Secondary Mercury Production.........................  .............  ..............  ............  .........     7.40                                  
Sewage Sludge Incineration...........................      0.009           1.64       ............  2.65E-05      1.80       0.0051                     
Stationary Gas Turbines--Diesel......................  .............       0.016         1,731                                                          
Stationary Turbines--Natural Gas.....................  .............      13.8             739                                                          
Utility Coal Combustion..............................      0.21            7.54         38,627      1.50E-04     51.0                                   
Utility Natural Gas Combustion.......................  .............       0.69          1,004      .........     0.002                                 
Utility Oil Combustion...............................      0.050           0.57            531      1.10E-05      0.25       0.0001                     
Wildfires and Prescribed Burning.....................    964           2,540          ............  9.50E-05                                            
Wood Treatment/Wood Preserving.......................  .............     457          ............  3.81E-05                                            
                                                      --------------------------------------------------------------------------------------------------
      Total Emissions (tons/yr)......................  2,164.30       17,982.08        481,683.00   0.01        226.09       0.16       1.19     0.65   
--------------------------------------------------------------------------------------------------------------------------------------------------------
a In the draft mercury report to Congress, mercury estimates for commercial and industrial coal combustion, and commercial and industrial oil combustion
  were combined-these values are provided in this table as industrial coal and oil combustion.                                                          


[[Page 33636]]


                      Table 2.--1990 Anthropogenic Stationary Source Category Percentage Contributions and Associated Regulations a                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       POM              2,3,7,8-                                                                        
             Source category              -----------------------------   TCDD    Mercury    PCB      HCB    Alkylated       Applicable Regulation b    
                                             7-PAH    16-PAH     EOM      TEQ                                   lead                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
 SOURCE CATEGORIES SUBJECT TO REGULATION                                                                                                                
(8)Percent Contribution                                                                                                                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
Asphalt Hot-Mix Production...............     0.020      0.68  .......  .......  ........  .......  .......  .........  Sec. (d)(2)                     
Asphalt Roofing Production...............     0.290      0.68  .......  .......  ........  .......  .......  .........  Sec. (d)(2)                     
Carbon Black Production..................     0.078      0.07  .......  .......      0.11  .......  .......  .........  Sec. (d)(2)                     
Chloralkali Production (Subject to         ........  ........  .......  .......      1.44  .......  .......  .........  Sec. (d)(2)                     
 Regulation is 50 % of the total value).                                                                                                                
Chlorinated Solvents Production..........  ........  ........  .......  .......  ........  .......    55.92  .........  Sec. (d)(2)                     
Coke Ovens: Charging, etc................     3.682      2.47     0.43  .......  ........  .......  .......  .........  Sec. (d)(2)                     
Coke Ovens: Pushing, etc.................     5.228      8.06  .......  .......  ........  .......  .......  .........  Sec. (d)(2)                     
Ferroalloy Manufacturing {Subject to         <0.01      <0.01  .......  .......  ........  .......  .......  .........  Sec. (d)(2)                     
 Regulation is 11 % of the total value}.                                                                                                                
Gasoline Distribution (Stage I) {Subject   ........      0.55  .......  .......  ........  .......  .......      1.80 c Sec. (d)(2)                     
 to Regulation is 10% of total value}.                                                                                                                  
Hazardous Waste Incineration.............    <0.01      <0.01  .......     0.59      1.44    17.70  .......  .........  Sec. (d)(2)                     
Iron & Steel Foundries...................     0.020      0.46  .......     0.34  ........  .......  .......  .........  Sec. (d)(2)                     
Landfill (Gas) Flares....................    <0.01       0.01  .......  .......  ........  .......  .......  .........  Sec. (d)(2)                     
Lightweight Aggregate Kilns (burning       ........  ........  .......     0.06      0.14  .......  .......  .........  Sec. (d)(2)                     
 hazardous waste).                                                                                                                                      
Lime Manufacturing.......................  ........  ........  .......  .......      0.31  .......  .......  .........  Sec. (d)(2)                     
Naphthalene Production...................  ........      1.01  .......  .......  ........  .......  .......  .........  Sec. (d)(2)                     
Naphthalene Sulfonates Production........  ........      0.10  .......  .......  ........  .......  .......  .........  Sec. (d)(2)                     
Naphthalene: Miscellaneous Uses..........  ........      0.02  .......  .......  ........  .......  .......  .........  Sec. (d)(2)                     
Pesticides Manufacturing.................  ........  ........  .......  .......  ........  .......    44.08  .........  Sec. (d)(2)                     
Petroleum Refining--Catalytic Cracking...     2.850      4.88  .......  .......  ........  .......  .......  .........  Sec. (d)(2)                     
Phthalic Anhydride Production............  ........      0.41  .......  .......  ........  .......  .......  .........  Sec. (d)(2)                     
Portland Cement Manufacturing: Hazardous      0.800      0.44  .......     8.49      1.57  .......  .......  .........  Sec. (d)(2)                     
 Waste Kilns.                                                                                                                                           
Portland Cement Manufacturing: Non-           0.480      0.80  .......     1.07      2.25  .......  .......  .........  Sec. (d)(2)                     
 hazardous Waste Kilns.                                                                                                                                 
Primary Aluminum Production..............    24.490     10.33     2.44  .......  ........  .......  .......  .........  Sec. (d)(2)                     
Primary Copper Production................  ........  ........  .......  .......      0.85  .......  .......  .........  Sec. (d)(2)                     
Primary Lead Smelting....................  ........  ........  .......  .......      0.58  .......  .......  .........  Sec. (d)(2)                     
Pulp & Paper: Kraft Recovery Furnaces....     0.650     10.13  .......     0.01  ........  .......  .......  .........  Sec. (d)(2)                     
Pulp & Paper: Lime Kilns.................     0.040      2.86  .......  .......  ........  .......  .......  .........  Sec. (d)(2)                     
Pulp & Paper: Sulfite Recovery Furnace...  ........      0.10  .......  .......  ........  .......  .......  .........  Sec. (d)(2)                     
Secondary Aluminum Smelting..............  ........  ........  .......     3.42  ........  .......  .......  .........  Sec. (d)(2)                     
Secondary Lead Smelting..................    <0.01       0.05  .......     0.08  ........  .......  .......  .........  Sec. (d)(2)                     
Sewage Sludge Incineration...............    <0.01       0.03  .......     0.47      0.81     3.26  .......  .........  Sec. (d)(2)                     
Utility Coal Combustion..................     0.040      0.12    24.31     2.68     22.96  .......  .......  .........  Sec. 112(n)(1)                  
Utility Natural Gas Combustion...........  ........      0.01     0.63  .......     <0.01  .......  .......  .........  Sec. 112(n)(1)                  
Utility Oil Combustion...................     0.010      0.01     0.33     0.20      0.11     0.10  .......  .........  Sec. 112(n)(1)                  
Medical Waste Incineration...............  ........      0.01     0.01    11.78     22.47    25.66  .......  .........  Sec. 129                        

[[Page 33637]]

                                                                                                                                                        
Municipal Waste Combustion...............  ........     <0.01     0.11    65.14     24.72    50.99  .......  .........  Sec. 129                        
Commercial Coal Combustion...............     6.252      2.69     1.73  .......         d  .......  .......  .........  ICCR                            
Commercial Natural Gas Combustion........  ........     <0.01     1.21  .......  ........  .......  .......  .........  ICCR                            
Commercial Oil Combustion................     0.010      0.83     0.83  .......         d  .......  .......  .........  ICCR                            
Commercial Wood/Wood Residue Combustion..     0.180      0.56     1.22  .......  ........  .......  .......  .........  ICCR                            
Crematories..............................    <0.01      <0.01  .......  .......     <0.01  .......  .......  .........  ICCR                            
Industrial Coal Combustion...............     0.540      2.45     1.52  .......     10.25  .......  .......  .........  ICCR                            
Industrial Natural Gas Combustion........  ........     <0.01     0.58  .......  ........  .......  .......  .........  ICCR                            
Industrial Oil Combustion................     0.010      0.79     0.31  .......      2.70     0.03  .......  .........  ICCR                            
Industrial Stationary IC Engines--Diesel.     0.020      0.08     1.21  .......  ........  .......  .......  .........  ICCR                            
Industrial Stationary IC Engines--Natural     0.180      0.74  .......  .......  ........  .......  .......  .........  ICCR                            
 Gas.                                                                                                                                                   
Industrial Waste Oil Combustion..........     0.230      0.12  .......  .......  ........  .......  .......  .........  ICCR                            
Industrial Wood/Wood Residue Combustion..     0.460      2.37    61.57     2.01  ........  .......  .......  .........  ICCR                            
Non-residential Wood Combustion..........  ........  ........  .......  .......      0.13  .......  .......  .........  ICCR                            
Other Biological Incineration............  ........      <        0.01     2.86  ........     1.58  .......  .........  ICCR                            
Scrap or Waste Tire Incineration.........    <0.01      <0.01  .......     0.01  ........     0.67  .......  .........  ICCR                            
Stationary Turbines--Diesel..............  ........     <0.01     1.09  .......  ........  .......  .......  .........  ICCR                            
Stationary Turbines--Natural Gas.........  ........      0.22     0.47  .......  ........  .......  .......  .........  ICCR                            
Gasoline Distribution (Stage II).........  ........      5.83  .......  .......  ........  .......  .......      3.99 c Sec. 202/182                    
                                          --------------------------------------------------------------------------------------------------------------
      Total % Contribution for Sources       46.550     60.95   100.00    99.19     92.81   100.00   100.00      5.79   ................................
       Subject to Regulation.                                                                                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
    SOURCE CATEGORIES IN DRAFT LISTING                                                                                                                  
(8)Percent Contribution                                                                                                                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
Gasoline Distribution (Aviation).........  ........  ........  .......  .......  ........  .......  .......  .........  78.02                           
Open Burning of Scrap Tires..............    53.320     26.83  .......  .......  ........  .......  .......  .........  ................................
Wood Treatment/Wood Preserving...........  ........      7.13  .......     0.68  ........  .......  .......  .........  ................................
                                          --------------------------------------------------------------------------------------------------------------
      Cumulative % Contribution Total....    99.870     94.92   100.00    99.87     92.81   100.00   100.00     83.81   ................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
     OTHER SOURCE CATEGORIES THAT ARE                                                                                                                   
          CANDIDATES FOR LISTING                                                                                                                        
(8)Percent Contribution                                                                                                                                 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
Battery Production.......................  ........  ........  .......  .......      0.01  .......  .......  .........  ................................
Carbamate Insecticides Production........  ........      0.06  .......  .......  ........  .......  .......  .........  ................................
Carbon Reactivation Furnaces.............  ........  ........  .......    <0.01  ........  .......  .......  .........  ................................

[[Page 33638]]

                                                                                                                                                        
Chloralkali Production {Not Subject to     ........  ........  .......  .......      1.44  .......  .......  .........  ................................
 Regulation is 50 % of the total value}.                                                                                                                
Cigarette Smoke..........................     0.090      0.05  .......  .......  ........  .......  .......  .........  ................................
Dental Preparation and Use...............  ........  ........  .......  .......      0.36  .......  .......  .........  ................................
Drum and Barrel Reclamation..............    <0.01      <0.01  .......    <0.01  ........  .......  .......  .........  ................................
Electrical Apparatus Manufacturing.......  ........  ........  .......  .......      0.21  .......  .......  .........                                  
Ferroalloy Manufacturing {Not Subject to      0.040      0.01  .......  .......  ........  .......  .......  .........  ................................
 Regulation is 89 % of the total value}.                                                                                                                
Fluorescent Lamp Recycling...............  ........  ........  .......  .......     <0.01  .......  .......  .........                                  
Gasoline Distribution (Stage I) {Not       ........      4.96  .......  .......  ........  .......  .......  .........  16.19 c                         
 Subject to Regulation is 90% of total                                                                                                                  
 value}.                                                                                                                                                
General Laboratory Activities............  ........  ........  .......  .......      0.36  .......  .......  .........                                  
Geothermal Power.........................  ........  ........  .......  .......      0.59  .......  .......  .........  ................................
Instrument Manufacturing.................  ........  ........  .......  .......      0.23  .......  .......  .........                                  
Lamp Breakage............................  ........  ........  .......  .......      0.68  .......  .......  .........                                  
Secondary Copper Smelting................  ........  ........  .......     0.12  ........  .......  .......  .........  ................................
Secondary Mercury Production.............  ........  ........  .......  .......      3.33  .......  .......  .........  ................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Source categories do not include non-stationary, non-anthropogenic sources or sources not appropriate for section 112(d)(2) Rulemaking.               
b Sec. 112(d)(2) = Emission Standards; Sec.122(n)(1) = Electric Utility Steam Generating Units; Sec. 129 = Solid Waste Combustion; ICCR = Industrial    
  Combustion Coordinated Rulemaking, Section 202/182 Gasoline Distribution (Stage II).                                                                  
c Lead phaseout completed on December 31, 1995. Contributions from these sources are currently 0% which means that emissions from Gasoline Distribution 
  (Aviation) represent 100% of total Alkylated Lead emissions.                                                                                          
d In the draft mercury report to Congress, mercury estimates for commercial and industrial coal combustion, and commercial and industrial oil combustion
  were combined-these values are provided in this table as industrial coal and oil combustion.                                                          


BILLING CODE 6560-50-P

[[Page 33639]]

[GRAPHIC] [TIFF OMITTED] TN20JN97.000



[FR Doc. 97-15985 Filed 6-19-97; 8:45 am]
BILLING CODE 6560-50-C