[Federal Register Volume 60, Number 121 (Friday, June 23, 1995)]
[Rules and Regulations]
[Pages 32587-32601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14908]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 63

[AD-FRL-5217-2]
RIN 2060-AE04


National Emission Standards for Hazardous Air Pollutants From 
Secondary Lead Smelting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates national emission standards for 
hazardous air pollutants (NESHAP) for new and existing secondary lead 
smelters pursuant to section 112 of the Clean Air Act (the Act) as 
amended in 1990. Secondary lead smelters have been identified by the 
EPA as significant emitters of several chemicals identified in the Act 
as hazardous air pollutants (HAP's) including but not limited to lead 
compounds, arsenic compounds, and 1,3-butadiene. Chronic exposure to 
arsenic and 1,3-butadiene is associated with skin, bladder, liver and 
lung cancer and other developmental and reproductive effects. Exposure 
to lead compounds results in adverse effects on the blood, central 
nervous system and kidneys. Children are particularly sensitive and 
exposure to lead compounds can also result in reduced cognitive 
development and reduced growth. This rulemaking will affect secondary 
lead smelters that use blast, reverberatory, rotary, or electric 
smelting furnaces to recover lead metal from scrap lead, primarily from 
used lead-acid automotive-type batteries. The purpose of the final rule 
is to reduce HAP emissions from secondary lead smelting. This rule is 
estimated to reduce emissions, including metal HAP's and organic HAP's, 
by about 1,300 megagrams (1,400 tons) per year. [[Page 32588]] The 
NESHAP provides protection to the public by requiring all secondary 
lead smelters to meet emission standards reflecting the application of 
the maximum achievable control technology (MACT). The NESHAP regulates 
emissions of lead compounds and total hydrocarbons (THC's) as 
surrogates for metal HAP's and organic HAP's, respectively. The EPA is 
also adding secondary lead smelters that are area sources to the list 
of source categories that are subject to MACT standards.

EFFECTIVE DATE: June 23, 1995.

ADDRESSES: Docket. Docket No. A-92-43, containing information 
considered by the EPA in development of the promulgated standards, 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 M-1500, Waterside Mall (ground floor). A 
reasonable fee may be charged for copying.
    Background Information Document. A background information document 
(BID) for the promulgated standards may be obtained from the docket; 
the U.S. EPA Library (MD-35), Research Triangle Park, North Carolina 
27711, telephone (919) 541-2777; or from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, 
telephone (703) 487-4650. Please refer to ``Secondary Lead Smelting--
Background Information for Promulgated Standards,'' (EPA-453/R-95-
008b).
    The BID contains a summary of all the public comments made on the 
proposed standards and the EPA's response to the comments. It also 
contains a summary of the changes made to the standards since proposal.

FOR FURTHER INFORMATION CONTACT: Mr. Phil Mulrine, Metals Group, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711; telephone (919) 
541-5289.

SUPPLEMENTARY INFORMATION:

    Judicial Review. Under section 307(b)(1) of the Act, judicial 
review of a NESHAP is available only by filing a petition for review in 
the U.S. Court of Appeals for the District of Columbia Circuit within 
60 days of today's publication of this final rule. Under section 
307(b)(2) of the Act, the requirements that are the subject of today's 
notice may not be challenged later in civil or criminal proceedings 
brought by the EPA to enforce these requirements.
    The information presented in this preamble is organized as follows:

I. Background
II. Summary
    A. Summary of Promulgated Standards
    B. Summary of Major Changes Since Proposal
    C. Summary of Environmental, Energy, Cost, and Economic Impacts
III. Public Participation
IV. Significant Public Comments and Responses
    A. Adverse Health Effects Finding for Area Sources
    B. Hydrogen Chloride/Chlorine Emission Standards
    C. Metal Hazardous Air Pollutant Monitoring Requirements
    D. Exemption from Resource Conservation and Recovery Act Boiler 
and Industrial Furnace Emission Standards
V. Administrative Requirements
    A. Docket
    B. Executive Order 12866
    C. Unfunded Mandates Act
    D. Paperwork Reduction Act
    E. Regulatory Flexibility Act

I. Background

    On July 16, 1992 (57 FR 31576), the EPA published a list of major 
and area sources for which NESHAP are to be promulgated. On December 3, 
1993 (58 FR 63941), the EPA published a schedule for promulgation of 
those standards. The secondary lead smelting source category is 
included on the list of major sources and the EPA is required to 
establish national emission standards by May 31, 1995 according to this 
schedule. Major sources are those sources emitting 10 or more tons per 
year of any one HAP or 25 or more tons per year of a combination of 
HAP's.
    This NESHAP was proposed in the Federal Register on June 9, 1994 
(59 FR 29750). The same notice also announced that the EPA was 
proposing to add secondary lead smelters that are area sources to the 
list of source categories that will be subject to national emission 
standards. Area sources are those smelters emitting less than 10 tons 
per year of any single HAP and less than 25 tons per year of a 
combination of HAP's. The EPA received 31 letters commenting on the 
proposed rule and proposed area source listing. The EPA received no 
requests for a public hearing. The EPA published a supplemental notice 
announcing the availability of new data regarding the proposed 
standards for hydrogen chloride/chlorine (HCl/Cl2) emissions on 
April 19, 1995 (60 FR 19556). The EPA received eight comment letters in 
response to the supplemental notice.

II. Summary

A. Summary of Promulgated Standards

    The promulgated rule establishes standards to limit HAP emissions 
from smelting furnaces, refining kettles, agglomerating furnaces, 
dryers, and fugitive dust sources at both major source and area source 
secondary lead smelters. The promulgated rule does not apply to primary 
lead smelters, lead refiners, or lead remelters.
    Emission standards promulgated under section 112 are to be 
technology-based and are to reflect the maximum degree of reduction of 
HAP emissions achievable taking into consideration the cost of 
achieving the emission reduction, any nonair quality health and 
environmental impacts and energy requirements. These standards are 
termed MACT standards. Emission reduction may be accomplished through 
application of a variety of measures, methods, or techniques. Emission 
standards, however, can be no less stringent than a minimum baseline or 
``floor'' for standards set out in the statute.
    For new sources, the standards for a source category or subcategory 
cannot be less stringent than the emission control that is achieved in 
practice by the best controlled similar source. The standards for 
existing sources can be less stringent than standards for new sources, 
but they cannot be less stringent than the average emission limitation 
achieved by the best-performing 12 percent of existing sources 
(excluding certain sources described in section 112(d)(3) of the Act) 
for categories and subcategories with 30 or more sources, or the best-
performing 5 sources for categories and subcategories with fewer than 
30 sources. There are fewer than 30 secondary lead smelters, so the 
standards for existing sources are based on the best-performing 5 
sources.
    Floor levels of control were determined for each of the affected 
source types under consideration for regulation. Source types are 
process sources, process fugitive sources, and fugitive dust sources. 
For process fugitive sources and fugitive dust sources, which are 
similar in character and emissions potential across all secondary lead 
smelters, the entire population of secondary lead smelters are 
considered in determining MACT floor levels of control. For process 
sources, specifically smelting furnaces, smelters are differentiated 
and divided into configurations based on the [[Page 32589]] smelting 
furnace types used at individual smelters. In all but one case, floors 
for existing source MACT and new source MACT are identified. In the one 
case where existing source MACT is less stringent than new source MACT, 
the determination was made that the establishment of standards beyond 
the existing source floor was unreasonable. A complete discussion of 
the selection of the MACT and basis of standards for each source type 
is presented in the preamble to the proposed rule (59 FR 29760; June 9, 
1994).
1. Process Emission Sources
    Owners and operators of all smelting furnace types must limit lead 
compound emissions, which is a surrogate for all metal HAP's, to no 
more than 2.0 milligrams per dry standard cubic meter (mg/dscm; 0.00087 
grains per dry standard cubic foot (gr/dscf)). Owners and operators 
must limit THC emissions, which is a surrogate for all organic HAP's, 
to varying levels depending on the smelting furnace type. No THC limits 
apply to reverberatory, rotary, and electric furnaces not collocated 
with blast furnaces.
    Owners and operators of collocated reverberatory and blast furnaces 
must comply with a THC limit of 20 parts per million by volume (ppmv) 
as propane at 4 percent carbon dioxide (CO2) when both furnaces 
are operating. Less stringent limits apply when the reverberatory 
furnace is not operating. When the reverberatory furnace is not 
operating, new blast furnaces collocated with reverberatory furnaces 
must comply with a THC limit of 70 ppmv, and existing blast furnaces 
must comply with a THC limit of 360 ppmv.
    Owners and operators of new blast furnaces located at blast-
furnace-only smelters must comply with a THC limit of 70 ppmv. Existing 
blast furnaces located at blast-furnace-only smelters must comply with 
a THC limit of 360 ppmv. The THC emissions from each blast furnace 
charging chute at all smelters with blast furnaces shall not exceed 
0.20 kilograms per hour (kg/hr; 0.44 pounds per hour (lb/hr)).
    Table 2 in the attached regulatory text summarizes the emission 
limits for smelting furnace process sources.
2. Process Fugitive Emission Sources
    Owners and operators must comply with either of two process 
fugitive emission control options. Each process fugitive emission 
source must be controlled either by an enclosure-type hood that is 
ventilated to a control device or must be fully enclosed within a 
containment building (within the meaning of 40 CFR part 265, subpart 
DD) that is ventilated to a control device. Lead compound emissions, as 
a surrogate for all metal HAP's, from each hood or building control 
device are limited to 2.0 mg/dscm (0.00087 gr/dscf).
    Refining kettle enclosure hoods must have a minimum air velocity 
into all hood openings (i.e., face velocity) of 75 meters per minute 
(m/min; 250 feet per minute (fpm)), and the enclosure hoods over drying 
kiln transition pieces must have a minimum face velocity of 110 m/min 
(350 fpm). All other process fugitive emission sources (charging 
points, lead and slag taps, and agglomerating furnaces) with an 
enclosure hood must have a minimum face velocity of 90 m/min (300 fpm). 
If a ventilated building is used to control process fugitive sources, 
then it must have a minimum air velocity into the building through all 
openings of 75 m/min (250 fpm).
    Table 3 in the attached regulatory text summarizes the requirements 
for process fugitive emission sources.
3. Fugitive Dust Sources
    Fugitive dust emissions must be controlled by the measures 
specified in a standard operating procedures (SOP) manual. The SOP must 
be developed by the owner or operator of each smelter and submitted to 
the Administrator for approval. The SOP must describe the measures that 
will be used to control fugitive dust emissions from plant roadways; 
the battery breaking area; the furnace, refining, and casting areas; 
and the materials storage and handling areas. Acceptable control 
measures include either a total enclosure of the fugitive dust source 
and ventilation of the enclosure to a control device, or a combination 
of partial enclosures, wet suppression, and pavement cleaning. Lead 
compound emissions, as a surrogate for all metal HAP's, from enclosure 
control devices must be limited to 2.0 mg/dscm (0.00087 gr/dscf).
4. Compliance Dates
    Compliance for existing sources must be achieved no later than June 
23, 1997, or upon startup for new or reconstructed sources.
5. Compliance Test Methods
    Compliance with the emission limits for lead compounds shall be 
determined according to EPA Reference Method 12 (40 CFR part 60, 
appendix A). Compliance with the THC emission limits shall be 
determined according to EPA Reference Method 25A (40 CFR part 60, 
appendix A). Concentrations of THC shall be reported in ppmv, as 
propane, corrected to 4 percent CO2 to correct for dilution. 
Sampling point locations shall be determined according to EPA Reference 
Method 1, and stack gas conditions shall be determined, as appropriate, 
according to EPA Reference Methods 2, 3, 3B, and 4 (40 CFR part 60, 
appendix A).
6. Monitoring Requirements
    The rule requires an initial lead compound emission test to 
demonstrate compliance with the lead compound emission standards. All 
owners and operators must also prepare SOP manuals for the systematic 
inspection and maintenance of all baghouses. Each manual shall also 
include provisions for the diagnosis of problems and a corrective 
action plan. In addition, all baghouses are required to have bag leak 
detection systems with alarms to indicate bag leaks or other causes of 
increased emissions. Plans for corrective action must prescribe 
procedures to be followed whenever an alarm is triggered.
    Compliance with the THC emission standards (except that for blast 
furnace charging) will require monitoring either afterburner or 
incinerator temperature or THC concentration. Only an initial 
compliance test is required for blast furnace charging.
7. Notification Requirements
    The owner or operator will be required to comply with the 
notification requirements in the General Provisions to part 63 (40 CFR 
part 60, subpart A). In addition, owners and operators will be required 
to submit the fugitive dust control SOP and the baghouse SOP to the 
Administrator for review and approval.
8. Recordkeeping and Reporting Requirements
    Owners and operators will be required to comply with the 
recordkeeping and reporting requirements in the General Provisions to 
part 63 (40 CFR part 63, subpart A). In addition, the owners and 
operators will be required to maintain records demonstrating that they 
have implemented the requirements of the fugitive dust control SOP and 
the baghouse SOP, including records of all bag leak detection system 
alarms and corrective actions.

B. Summary of Major Changes Made Since Proposal

    Based on public comments received in response to both the initial 
notice of proposal and the supplemental notice, and other data received 
since proposal, the EPA has made several changes to the 
[[Page 32590]] proposed rule. The BID referred to in the ADDRESSES 
section of this preamble contains a complete explanation of the EPA's 
reasons for making each of these changes. A summary of the major 
changes is presented below.
1. Applicability
    The applicability of the rule was clarified by adding a statement 
that the rule does not apply to primary lead smelters, lead refiners, 
and lead remelters.
2. Standards for Process Sources
    The THC emission limits for blast furnaces collocated with 
reverberatory furnaces were revised to account for periods when the 
reverberatory furnace is not operating.
    When the reverberatory furnace is not operating, these blast 
furnaces will be allowed to meet the same THC limits as new and 
existing blast furnaces located at blast-furnace-only smelters (70 ppmv 
and 360 ppmv, respectively). The proposed standards required that 
reverberatory/blast furnace facilities meet a THC emission limit of 20 
ppmv at all times. The proposed HCl/Cl2 emission standards (and 
associated testing and monitoring requirements) are not being 
promulgated.
3. Standards for Process Fugitive Sources
    The ventilation requirements for hoods have been modified; the 
volumetric flow rate requirement for refining kettle hoods has been 
withdrawn and the face velocity requirements for furnace charging and 
tapping have been lowered from 110 m/min (350 fpm) to 90 m/min (300 
fpm). A provision has been added that will allow owners and operators 
to control process fugitive emission sources by enclosing them in a 
building that is ventilated to a control device, rather than having to 
comply with the enclosure hood and face velocity requirements at each 
emission source.
4. Test Methods and Schedule
    The annual lead test has been withdrawn for all sources; only an 
initial lead test is now required. Velometers (anemometers) have been 
added as an alternate method for determining face velocities for 
process fugitive hoods and building doorways.
5. Monitoring Requirements
    The proposed rule would have required a continuous opacity monitor 
(COM) and a site-specific opacity limit for monitoring lead compound 
emissions from process sources. These requirements have been withdrawn. 
Rather than install and operate a COM, each owner or operator must now 
prepare a baghouse SOP manual that includes an inspection and 
maintenance procedure and a corrective action plan for all process, 
process fugitive, and fugitive dust baghouses. Each baghouse must also 
be fitted with a bag leak detection system with an alarm to monitor 
baghouse performance. An alarm signal by itself is not considered to be 
a violation of the lead compound emission limit. To maintain 
compliance, the owner or operator must follow the inspection and 
maintenance procedure and comply with the requirements of the 
corrective action plan whenever an alarm is activated.
    There has been no change to the organic HAP monitoring 
requirements. The proposed HCl/Cl2 monitoring requirements have 
been withdrawn.
6. Recordkeeping and Reporting Requirements
    The recordkeeping and reporting requirements have been revised so 
they are consistent with the baghouse SOP manual in the revised 
monitoring requirements. Owners and operators also will be required to 
record the date and time of all bag leak detection system alarm 
signals, their cause, the corrective action taken, and the timing for 
such action.
    The requirements for THC recordkeeping and reporting have been 
clarified so that only the 3-hour averages that are not in compliance 
with the allowable afterburner or incinerator temperature, or THC 
concentration must be reported, rather than all 3-hour averages for the 
entire reporting period. The recordkeeping and reporting requirements 
associated with the HCl/Cl2 emission standards have been 
withdrawn. Finally, the reporting frequency has been changed to be 
consistent with the requirements under Sec. 63.10 of the General 
Provisions.

C. Summary of Environmental, Health, Cost, and Economic Impacts

    The final standards will reduce total nationwide emissions of both 
metal HAP's and organic HAP's from secondary lead smelters by 1,283 
megagrams per year (Mg/yr) (1,411 tons/yr). These reductions include 53 
Mg/yr (58 tons/yr) of metal HAP's and 1,230 Mg/yr (1,353 tons/yr) of 
organic HAP's. No reductions in HCl/Cl2 emissions are expected as 
a direct consequence of the final rule because of the deletion of HCl/
Cl2 emission standards since proposal. However, emissions of HCl/
Cl2 are expected to be essentially eliminated in any case because 
of the elimination of polyvinyl chloride (PVC) plastic as a separator 
material in batteries. The rationale for not promulgating HCl/Cl2 
emission standards is explained in section IV(B) of this preamble.
    These emission reductions will have a positive effect on public 
health. Metal HAP emissions from secondary lead smelting include lead 
compounds and arsenic compounds, among others. Populations around 
secondary lead smelters can be exposed to metal HAP's through 
inhalation or through ingestion of metal HAP's that have settled on the 
soil in the vicinity of the smelter. Exposure to lead compounds occurs 
through inhalation or ingestion, but the effects are the same 
regardless of the route of exposure. Chronic exposure to lead compounds 
results in adverse effects on the blood, central nervous system, blood 
pressure, kidneys, and vitamin D metabolism. Children are particularly 
sensitive and exposure can also result in reduced cognitive development 
and reduced growth. Adverse effects on human reproduction have also 
been reported. Lead compounds can be persistent in the environment and 
have the potential to accumulate in food chains.
    Chronic inhalation exposure to arsenic compounds is strongly 
associated with lung cancer and is associated with irritation of the 
skin and mucous membranes (dermatitis, conjunctivitis, pharyngitis, and 
rhinitis). Chronic oral exposure has resulted in gastrointestinal 
effects, anemia, peripheral nerve damage, skin lesions, and liver or 
kidney damage and is linked to skin, bladder, liver, and lung cancer.
    Organic HAP emissions from secondary lead smelting include 1,3-
butadiene, among other organic compounds. The effects of chronic 
exposure to 1,3-butadiene include increased cardiovascular disease. 
Animal studies of chronic exposure to 1,3-butadiene indicate effects on 
respiratory and cardiovascular systems and the liver, as well as 
developmental and reproductive effects. Animal studies have also 
reported tumors from inhalation exposure to 1,3-butadiene and the EPA 
has classified 1,3-butadiene as a probable human carcinogen.
    In addition to the reductions in HAP air emissions achieved, the 
final standards will also achieve reductions in nationwide emissions of 
two criteria pollutants, carbon monoxide and particulate matter. 
Compliance with the final standards will reduce emissions of 
particulate matter by 135 Mg/yr (149 tons/yr) and those of carbon 
monoxide by 80,000 Mg/yr (88,000 tons/yr). [[Page 32591]] 
    No significant adverse secondary air, water, or solid waste impacts 
are anticipated from these standards. The national annual energy usage 
due to the installation of the required control devices is expected to 
be 5.0 million cubic meters per year (180 million cubic feet per year) 
of natural gas to operate afterburners on blast furnaces and 
reverberatory/blast furnace smelters. The natural gas consumption 
estimated at proposal was 3.7 million cubic meters (130 million cubic 
feet per year). The increase since proposal is due to a revised 
analysis of the control equipment and amount of natural gas needed to 
perform gas stream blending to control organic HAP emissions from 
reverberatory/blast furnace smelters. No other notable energy impacts 
are expected.
    The implementation of this regulation is expected to result in a 
national annual cost of $2.8 million. This includes an annualized cost 
from installation of control devices of $1.86 million and total 
monitoring, reporting, and recordkeeping costs of $0.93 million. At 
proposal, the estimated national costs were $2.6 million per year. The 
annualized control costs were estimated to be $890,000 and the annual 
costs for monitoring, recordkeeping, and reporting were $1.7 million. 
The annualized control costs have increased since proposal because the 
cost estimate to control organic HAP emissions from reverberatory/blast 
furnace smelters was revised in response to public comments. The annual 
monitoring, recordkeeping, and reporting costs have decreased since 
proposal because the HCl/Cl2 monitoring requirements have been 
withdrawn and the final metal HAP monitoring requirements involve fewer 
emission tests and less expensive monitoring devices than at proposal.
    The economic impact analysis done at proposal showed that the 
economic impacts from the proposed standard would be insignificant. The 
economic impact analysis was not revised for promulgation because the 
relatively small increase in costs is not expected to have any effect 
on the conclusions of the economic impact analysis.

III. Public Participation

    On November 17, 1992, the EPA presented the National Air Pollution 
Control Techniques Advisory Committee with an overview of the EPA's 
decision to regulate surrogates in place of regulating individual metal 
HAP's and organic HAP's.
    Prior to proposal of the standards, owners and operators of 
secondary lead smelters were invited by the EPA to participate in a 
meeting to discuss the results of the EPA's secondary lead smelter 
testing program as well as the standards being evaluated for proposal. 
This meeting was held on October 5, 1993. The comments submitted 
following this meeting were incorporated into the proposed rule.
    The standards were proposed and published in the Federal Register 
on June 9, 1994 (59 FR 29750). The preamble to the proposed standards 
discussed the availability of the BID, which described the technical 
basis and the impacts of the proposed standards. Public comments were 
solicited at the time of proposal.
    To provide interested persons the opportunity for oral presentation 
of data, views, or arguments concerning the proposed standards, the 
opportunity for a public hearing was offered at proposal; however, no 
requests for a hearing were received. The public comment period was 
from June 9, 1994 to August 8, 1994. Thirty-one comment letters were 
received. A supplemental notice was published on April 19, 1995 (60 FR 
19556) and eight comment letters were received. The comments were 
carefully considered by the Administrator in formulating the final 
rule.

IV. Significant Comments and Responses

    The EPA received comment letters on the proposed standards from 
owners and operators of secondary lead smelters and industry trade 
associations, States, equipment vendors, and environmental groups. A 
detailed discussion of all the comments and the EPA's responses can be 
found in the promulgation BID, which is referenced in the ADDRESSES 
section of this preamble. The summary of comments and responses in the 
BID serves as the basis for the revisions that have been made to the 
standards between proposal and promulgation. Most of the comment 
letters contained multiple comments.
    Significant comments and new information were received on four 
topics since proposal: the area source finding, the standards for 
process sources (especially those proposed for HCl/Cl2 emissions), 
the monitoring requirements for metal HAP's, and the exemption from the 
Resource Conservation and Recovery Act (RCRA) boiler and industrial 
furnace (BIF) emission standards. These comments and the EPA's 
responses are summarized in this preamble.
A. Adverse Health Effects Finding for Area Sources

    Six commenters agreed with the EPA's finding that smelters that are 
area sources (i.e., those with emissions of less than 10 tons per year 
of any one HAP or 25 tons per year of a combination of HAP's) should be 
listed as sources subject to section 112 standards and should be 
subject to the same regulations as smelters that are major sources. 
Seven commenters disagreed with the EPA's decision to regulate area 
sources; three of the seven argued that the risks are insufficient to 
warrant regulation under MACT standards. After considering all comments 
on the subject, the EPA continues to believe that area sources should 
be regulated under MACT standards and is, therefore, maintaining its 
decision to regulate secondary lead smelters that are area sources 
under this final action.
    The decision to list area source smelters to regulate them under 
the same standards as major source smelters is based on the cancer 
risks from secondary lead smelter emissions and noncancer health risks 
posed by lead compound emissions. The estimated annual cancer incidence 
is 0.1 cases for all seven smelters predicted to be area sources. This 
cancer incidence is due primarily to exposure to 1,3-butadiene and 
arsenic. The maximum exposed individual has a cancer risk of 1 in 1,000 
and 560,000 individuals are estimated to be exposed to a risk greater 
than 1 in 1 million.
    Section 112(c)(3) of the Act does not offer a ``bright line'' test 
for the EPA to use in making an area source finding. Instead, the EPA 
believes that it has discretion to consider a range of health effects 
endpoints and exposure criteria in making the requisite finding of a 
threat of adverse effects to health or the environment. In making area 
source listing determinations, the EPA strives to provide maximum 
feasible protection against risks to health from HAP's by: (1) 
Protecting the greatest number of persons possible to an individual 
lifetime cancer risk level of no higher than approximately 1 in 1 
million and (2) limiting to no more than 1 in 10,000 the estimated 
cancer risk to the hypothetical maximum exposed individual. The 
estimated cancer risks presented by area source smelters are consistent 
with those supporting similar EPA decisions to regulate other 
categories of area sources and with the EPA's strategy to implement 
section 112 (57 FR 31576, July 16, 1992).
    Exposure to lead compounds is also a concern. It is estimated that 
250 individuals in the vicinity of area source smelters are exposed to 
ambient lead levels above the national ambient air quality standard 
(NAAQS) for lead of 1.5 micrograms per cubic meter (g/
m3). [[Page 32592]] Emissions that result in ambient lead 
concentrations below the NAAQS are also troubling. Ambient lead levels, 
particularly in urban areas, may already represent a substantial 
portion of the lead NAAQS (56 FR 7167, February 21, 1991; 52 FR 16994, 
May 6, 1987) (existing substantial ambient concentrations of lead 
justify lowering permissible air emissions for lead from boilers and 
industrial furnaces burning hazardous waste). Estimates indicate that 
300 individuals may be exposed to ambient lead levels above 1.0 
g/m3 (two-thirds the current NAAQS) and 1500 individuals 
may be exposed to levels above 0.5 g/m3 (one-third the 
current NAAQS) due to the area source smelters. Finally, recent 
scientific information suggests that lead blood levels in children 
lower than previously thought may cause adverse health effects (56 FR 
7167, February 21, 1991; 56 FR 26469, June 7, 1991) (establishing 
standards for lead in drinking water).
    Lead is also persistent in the environment and individuals, 
particularly children, can be exposed through pathways other than 
inhalation. The sites of two former smelters have required Federal 
cleanup action under the Comprehensive Environmental Response, 
Compensation, and Liability Act, also known as ``Superfund.'' Both 
sites were contaminated by lead deposition onto surrounding soil. 
Deposition at these sites was caused by the same types of air emission 
sources that will be regulated by this rule.
    In short, the EPA finds that secondary lead smelter area sources 
pose potential adverse human health and environmental threats that 
justify listing under section 112(c)(3). The Agency further finds that 
MACT standards are the most appropriate for these sources.
    The EPA considers the cost impacts of the final rule, including the 
regulation of area source smelters by MACT standards, to be reasonable. 
The pollutants being regulated are especially toxic, warranting 
heightened control. (cf. S. Rept. 228, 101st Cong., 1st sess., 173.) 
The overall cost-effectiveness of the rule will be about $1,400 per Mg 
($1,300 per ton) of HAP reduced. The EPA's decision to regulate both 
major and area sources by the same standards also eliminates the 
potential for adverse effects on competition within the industry.
    Finally, the EPA believes that regulating all smelters under the 
same regulations is consistent with the Agency's responsibilities for 
achieving environmental justice under Executive Order (E.O.) No. 12898. 
Historically, some secondary lead smelters have had adverse impacts on 
communities that are disproportionately represented by minority and 
lower income populations. Some area source smelters are currently 
located in communities that are disproportionately represented by 
minority and lower income populations. Therefore, the EPA believes that 
regulating all smelters under MACT standards addresses the objectives 
of E.O. 12898.

B. Hydrogen Chloride/Chlorine Emission Standards

    The proposed rule contained emission standards and monitoring 
requirements to control HCl and Cl2 emissions from all furnace 
types. Hydrogen chloride and Cl2 are formed from the combustion of 
PVC plastic separators that are found in some used lead-acid batteries. 
The only significant source of HCl/Cl2 emissions is from feedstock 
materials containing PVC. At proposal, the EPA believed that many used 
lead-acid batteries contained PVC separators. Based on the results of 
tests at several smelters, the EPA predicted at proposal that the 
addition of soda ash or limestone fluxing agents to the feed material 
could achieve the same level of HCl/Cl2 control as an acid gas 
scrubber, but at a much lower cost. The proposed emission standards and 
monitoring requirements and the estimated cost impacts were based on 
the use of fluxing agents.
    Several comments were received stating that the feasibility of 
fluxing as a control may be overstated and scrubbers may be necessary 
in many cases. Several commenters also asserted that the proposed HCl/
Cl2 emission standards are not needed because PVC is no longer 
used as a separator material. Information obtained by the EPA since 
proposal confirms that PVC is no longer used as a separator material 
and the proportion of spent batteries with PVC is expected to decline 
as these batteries are removed from service and recycled (Docket Item 
IV-D-34). In 1990, about 1 percent of scrap batteries processed at lead 
smelters contained PVC separators. In 1994, less than 0.1 percent of 
scrap batteries contain PVC. The EPA predicts that by the time existing 
smelters must demonstrate compliance with these standards in 1997, 
batteries containing PVC will only be present in the scrap battery 
inventory in trace amounts, resulting, at most, in only trivial amounts 
of HCl or Cl2 air emissions.
    Data provided to the EPA since proposal also indicates that the EPA 
may have overstated the feasibility of fluxing as a control option. At 
the blast furnace tested by the EPA, powdered fluxing agents were mixed 
with flue dust in a briquetting machine and the briquettes were then 
charged to the furnace. This smelter is the only facility handling flux 
and flue dust in this manner. After proposal, the operators of a blast-
furnace-only smelter that recycled agglomerated flue dust sponsored an 
HCl testing program in which additional flux was added to the furnace 
separately in the form of crushed limestone. The test results obtained 
show that additional fluxing in this manner achieved no incremental 
reduction in HCl emissions. A reevaluation of the fluxing issue 
suggests that flux material must be mixed with the flue dust, for 
example through briquetting, to achieve effective HCl/Cl2 control. 
Mixing powdered flux and the flue dust is necessary to achieve a close 
physical association to promote the chemical reactions that prevent HCl 
and Cl2 emissions.
    If HCl/Cl2 control were still required by the rule, those 
smelters that do not currently operate a scrubber or combine flue dust 
with flux before charging them to the furnace would need to install and 
operate a scrubber or reconfigure the flue dust handling and flux 
delivery system. The cost impacts of the proposed HCl/Cl2 emission 
standards, therefore, would be substantially greater than those 
estimated at proposal. However, as noted above, the EPA predicts that 
secondary lead smelters will no longer be sources of HCl or Cl2 
emissions when the rule takes effect. For that reason, the EPA is 
withdrawing the proposed HCl/Cl2 emission standards and associated 
monitoring requirements.
    Six commenters agreed with the EPA's decision to withdraw the HCl/
Cl2 emission standards and associated monitoring requirements for 
this rule. Two commenters disagreed with EPA's decision to withdraw the 
HCl/Cl2 emission standards. One argued that lead-contaminated 
personal protective equipment (PPE) that is disposed of in the smelting 
furnaces could be a source of PVC in addition to battery separators. 
The other commenter argued for temporary HCl/Cl2 emission 
standards for a minimum of 3 to 5 years to confirm that HCl/Cl2 
emissions have been reduced.
    Data provided by a smelter operator indicate that less than one ton 
per year of lead-contaminated PPE is disposed of in the smelting 
furnace of a large smelter. Only a fraction of PPE is PVC and only a 
fraction of PVC is chlorine (Docket Item IV-D-47). Therefore, the 
potential HCl/Cl2 emissions attributed to PPE disposal is minimal. 
A worse case estimate of HCl/Cl2 emissions due to PPE disposal 
indicates maximum [[Page 32593]] emissions on the order of a few 
hundred pounds per year.
    In regard to the issuance of temporary standards, pending 
confirmation that HCl/Cl2 emissions have been reduced, the EPA 
acknowledges that such an action would be prudent if the predicted 
decline in PVC was uncertain. However, the EPA is reasonably confident 
that the predicted decline in PVC separators in secondary lead smelter 
feedstock will continue and PVC will be present in only trace 
quantities by the 1997 effective date of this rule. Therefore, it is 
EPA's judgement that a temporary HCl/Cl2 emission standard is 
unnecessary.
    After considering all comments, the EPA believes the HCl/Cl2 
emission standards and associated monitoring requirements should be 
deleted from the rule.

C. Metal Hazardous Air Pollutant Monitoring Requirements

    The proposed rule would have required each smelter to install and 
operate a COM and establish a site-specific opacity limit during the 
initial lead compound compliance test for process sources. Exceeding 
this opacity limit would have constituted a violation of the lead 
compound emission standard. For process fugitive and fugitive dust 
sources, the proposed rule required an annual lead test and a baghouse 
inspection and maintenance plan.
    The EPA received many comments that presented technical arguments 
against the proposed metal HAP monitoring requirements. Several 
commenters argued that there is a poor correlation among lead, 
particulate matter, and opacity at low grain loadings. Therefore, the 
argument goes, opacity cannot be used as a reliable surrogate to 
indicate compliance with a numerical lead emission limit. Other 
commenters recommended that other technologies are more reliable, 
accurate, and cost effective than COM's for detecting broken bags in 
baghouses, particularly bag leak detection systems using triboelectric 
or light scattering effects.
    Based on these comments and additional information collected from 
monitoring equipment vendors since proposal, the EPA has revised the 
metal HAP monitoring requirements. The final monitoring provisions 
require an SOP for baghouse inspection and maintenance that includes a 
bag leak detection system with an alarm and a corrective action plan 
for responding to alarms. The same monitoring requirements will apply 
to all metal HAP emission sources that are controlled by baghouses 
(i.e., process, process fugitive, and fugitive dust sources).
    The bag leak detection system must be fully operational prior to 
the initial lead compliance test. However, the detection system will 
not be used to monitor compliance with the numerical lead emission 
limit; it will be used to monitor baghouse performance and operating 
conditions to indicate baghouse failures.
    The EPA agrees that COM's cannot be used to monitor compliance with 
a numerical lead compound emission limit applicable to secondary lead 
smelting. Instead, the EPA has determined that compliance can be 
demonstrated and ensured through well-specified operation and 
maintenance procedures as delineated in this final rule.

D. Exemption From Resource Conservation and Recovery Act Boiler and 
Industrial Furnace Emission Standards

    The EPA proposed to continue the exemption (40 CFR 266.100(c)) for 
RCRA regulation of air emissions from secondary lead smelters burning 
hazardous wastes solely for metal recovery. All commenters agreed that 
this is an appropriate approach. As the EPA stated at proposal, this 
exemption is temporary and permanent resolution can be made at the time 
of the section 112(f) residual risk determination.

V. Administrative Requirements

A. Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in the development of this rulemaking. The docket 
is a dynamic file, since material is added throughout the rulemaking 
development. The docket system is intended to allow members of the 
public and affected industries to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the BID's and preambles to the proposed and promulgated 
standards, the contents of the docket will serve as the official record 
in case of judicial review (section 307(d)(7)(A) of the Act).

B. Executive Order 12866

    The Agency must determine whether a regulatory action is 
``significant'' and therefore subject to OMB review and the 
requirements of the E.O. 12866, (58 FR 51735, October 4, 1993). The 
Executive Order defines ``significant regulatory action'' as one that 
is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, 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.
    The EPA has submitted this action to OMB for review. Changes made 
in response to OMB suggestions or recommendations have been documented 
in Docket A-92-43 (see the ADDRESSES section of this preamble).

C. Unfunded Mandates Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act'') requires that the Agency prepare a budgetary impact 
statement before promulgating a rule that includes a Federal mandate 
that may result in expenditure by State, local, and tribal governments, 
in aggregate, or by the private sector, of $100 million or more in any 
1 year. Section 203 requires the Agency to establish a plan for 
obtaining input from and informing, educating, and advising any small 
governments that may be significantly or uniquely affected by the rule.
    Under section 205 of the Unfunded Mandates Act, the Agency must 
identify and consider a reasonable number of regulatory alternatives 
before promulgating a rule for which a budgetary impact statement must 
be prepared. The Agency must select from those alternatives the least 
costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule, unless the Agency explains why 
this alternative is not selected or the selection of this alternative 
is inconsistent with law.
    Because this final rule is estimated to result in the expenditure 
by State, local, and tribal governments or the private sector of 
significantly less than $100 million in any 1 year, the Agency has not 
prepared a budgetary impact statement or specifically addressed the 
selection of the least costly, most cost-effective, or least burdensome 
alternative. Because small governments will not be significantly or 
uniquely affected by this rule, the Agency is not 
[[Page 32594]] required to develop a plan with regard to small 
governments.

D. Paperwork Reduction Act

    Information collection requirements associated with this regulation 
(those included in 40 CFR part 63, subpart A and subpart X) have been 
approved by the Office of Management and Budget (OMB) under the 
provisions of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et 
seq., and have been assigned OMB control number 2060-0296. An 
Information Collection Request (ICR) document has been prepared by the 
EPA (ICR No. 1686.02) to reflect the revised information requirements 
of the final rule and has been submitted to OMB for review. A copy may 
be obtained from Sandy Farmer, Information Policy Branch, 401 M Street, 
SW. (2136), Washington, DC 20460, or by calling (202) 260-2740.
    The annual industry recordkeeping and reporting burden and costs 
averaged over the first 3 years for secondary lead smelters are 11,300 
hours and $452,000 per year. This collection of information is 
estimated to have an annual government recordkeeping and reporting 
burden averaging 1,600 hours over the first 3 years. These burden 
estimates include time for reviewing instructions, searching existing 
data sources, gathering and maintaining the data needed, and completing 
and reviewing the collection of information.
    Send comments regarding the burden estimate or any other aspects of 
this collection of information, including suggestions for reducing this 
burden to Chief, Information Policy Branch (EPA 2136); U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460; and to the Office of Information and Regulatory Affairs, Office 
of Management and Budget, Washington, DC 20503, marked ``Attention: 
Desk Officer for the EPA.''

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (or RFA, Public Law 96-354, 
September 19, 1980) requires Federal agencies to give special 
consideration to the impact of regulation on small businesses. The RFA 
specifies that a regulatory flexibility analysis must be prepared if a 
screening analysis indicates a regulation will have a significant 
economic impact on a substantial number of small entities. For this 
industry, a small entity is defined as one with 500 or fewer employees. 
A ``substantial number'' of small entities is generally considered to 
be more than 20 percent of the small entities in the affected industry.
    Regulatory impacts are considered significant if:
    (1) Annual compliance costs increase total costs of production by 
more than 5 percent;
    (2) Annual compliance costs as a percent of sales are at least 20 
percent higher for small entities;
    (3) Capital cost of compliance represents a significant portion of 
capital available to small entities; or
    (4) The requirements of the regulation are likely to result in 
closures of small entities.
    The results of the economic assessment performed at proposal served 
as the regulatory flexibility analysis and indicated that the rule will 
have an economic impact on small business entities. The assessment has 
not been updated because the impacts on the small entities have not 
increased since proposal. However, adverse economic impacts have been 
minimized to the greatest extent possible in this rulemaking, and those 
that remain are unavoidable. All of the small entities that are 
currently operating and that are impacted are major sources of HAP's 
for which the EPA is required to adopt MACT standards. Consequently, 
the economic impacts cannot be minimized by promulgating less stringent 
standards based on generally achievable control technology (GACT). The 
final standards are based on MACT floor controls, and in no instance 
did the EPA establish standards based on controls more stringent than 
the floor. The EPA was also able to identify alternatives to add-on 
controls (e.g., work practice controls) in the MACT floors that offered 
equivalent levels of control. The EPA has minimized the impacts 
associated with monitoring by adopting a surrogate pollutant approach 
and by allowing for alternative monitoring strategies when available. 
The impacts on all entities have been reduced since proposal by 
withdrawing the HCl/Cl2 emission standards and by revising the 
metal HAP monitoring requirements. Finally, the EPA has minimized the 
impacts associated with recordkeeping and reporting by promulgating 
only the minimum requirements needed to document continuous compliance 
with the emission limits.
List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 63

    Air pollution control, Hazardous substances, Incorporation by 
reference, Reporting and recordkeeping requirements, Secondary lead 
smelters.

    Dated: May 31, 1995.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, of 
the Code of Federal Regulations is amended as follows:

PART 9--[AMENDED]

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 1345 
(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp. 
p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2, 
300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4, 
300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657, 
11023, 11048.

    2. Section 9.1 is amended by adding a new entry to the table under 
the indicated heading to read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

                                                                        
          40 CFR citation                      OMB control No.          
                                                                        
                 *        *        *        *        *                  
National Emission Standards for Hazardous Air Pollutants for Source     
 Categories \3\.........................................................
                                                                        
                  *        *        *        *        *                 
63.548-63.550......................                2060-0296            
                                                                        
                 *        *        *        *        *                  
------------------------------------------------------------------------
\3\ The ICRs referenced in this section of the Table encompass the      
  applicable general provisions contained in 40 CFR part 63, subpart A, 
  which are not independent information collection requirements.        

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

    2. Part 63 is amended by adding subpart X to read as follows:
Subpart X--National Emission Standards for Hazardous Air Pollutants 
From Secondary Lead Smelting
Sec.
63.541  Applicability.
63.542  Definitions.
63.543  Standards for process sources.
63.544  Standards for process fugitive sources.
63.545  Standards for fugitive dust sources.
63.546  Compliance dates.
63.547  Test methods.
63.548  Monitoring requirements.
63.549  Notification requirements.
63.550  Recordkeeping and reporting requirements. [[Page 32595]] 

SUBPART X--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FROM SECONDARY LEAD SMELTING


Sec. 63.541  Applicability.

    (a) The provisions of this subpart apply to the following affected 
sources at all secondary lead smelters: blast, reverberatory, rotary, 
and electric smelting furnaces; refining kettles; agglomerating 
furnaces; dryers; process fugitive sources; and fugitive dust sources. 
The provisions of this subpart do not apply to primary lead smelters, 
lead refiners, or lead remelters.
    (b) Table 1 of this subpart specifies the provisions of subpart A 
that apply and those that do not apply to owners and operators of 
secondary lead smelters subject to this subpart.

         Table 1.--General Provisions Applicability to Subpart X        
------------------------------------------------------------------------
                               Applies to                               
          Reference             subpart X             Comment           
------------------------------------------------------------------------
63.1.........................  Yes.                                     
63.2.........................  Yes.                                     
63.3.........................  Yes.                                     
63.4.........................  Yes.                                     
63.5.........................  Yes.                                     
63.6 (a), (b), (c), (e), (f),  Yes.                                     
 (g), (i) and (j).                                                      
63.6 (d) and (h).............  No.         No opacity limits in rule.   
63.7.........................  Yes.                                     
63.8.........................  Yes.                                     
63.9 (a), (b), (c), (d), (e),  Yes.                                     
 (g), (h)(1-3), (h)(5-6), and                                           
 (j).                                                                   
63.9 (f) and (h)(4)..........  No.         No opacity or visible        
                                            emission limits in subpart  
                                            X.                          
63.10........................  Yes.                                     
63.11........................  No.         Flares will not be used to   
                                            comply with the emission    
                                            limits.                     
63.12 to 63.15...............  Yes.                                     
------------------------------------------------------------------------

Sec. 63.542  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section as follows:
    Agglomerating furnace means a furnace used to melt into a solid 
mass flue dust that is collected from a baghouse.
    Bag leak detection system means systems that include, but are not 
limited to, devices using triboelectric, light scattering, and other 
effects to monitor relative or absolute particulate matter emissions.
    Battery breaking area means the plant location at which lead-acid 
batteries are broken, crushed, or disassembled and separated into 
components.
    Blast furnace means a smelting furnace consisting of a vertical 
cylinder atop a crucible, into which lead-bearing charge materials are 
introduced at the top of the furnace and combustion air is introduced 
through tuyeres at the bottom of the cylinder, and that uses coke as a 
fuel source and that is operated at such a temperature in the 
combustion zone (greater than 980  deg.C) that lead compounds are 
chemically reduced to elemental lead metal.
    Blast furnace charging location means the physical opening through 
which raw materials are introduced into a blast furnace.
    Dryer means a chamber that is heated and that is used to remove 
moisture from lead-bearing materials before they are charged to a 
smelting furnace.
    Dryer transition piece means the junction between a dryer and the 
charge hopper or conveyor, or the junction between the dryer and the 
smelting furnace feed chute or hopper located at the ends of the dryer.
    Electric furnace means a smelting furnace consisting of a vessel 
into which reverberatory furnace slag is introduced and that uses 
electrical energy to heat the reverberatory furnace slag to such a 
temperature (greater than 980  deg.C) that lead compounds are reduced 
to elemental lead metal.
    Enclosure hood means a hood that covers a process fugitive emission 
source on the top and on all sides, with openings only for access to 
introduce or remove materials to or from the source and through which 
an induced flow of air is ventilated.
    Fugitive dust source means a stationary source of hazardous air 
pollutant emissions at a secondary lead smelter that is not associated 
with a specific process or process fugitive vent or stack. Fugitive 
dust sources include, but are not limited to, roadways, storage piles, 
materials handling transfer points, materials transport areas, storage 
areas, process areas, and buildings.
    Furnace and refining/casting area means any area of a secondary 
lead smelter in which:
    (1) Smelting furnaces are located; or
    (2) Refining operations occur; or
    (3) Casting operations occur.
    Materials storage and handling area means any area of a secondary 
lead smelter in which lead-bearing materials (including, but not 
limited to, broken battery components, slag, flue dust, and dross) are 
stored or handled between process steps including, but not limited to, 
areas in which materials are stored in piles, bins, or tubs, and areas 
in which material is prepared for charging to a smelting furnace.
    Partial enclosure means a structure that incorporates walls or 
partitions on at least three sides or three-quarters of the 
circumference of an area to screen the material or process equipment 
located therein to prevent the entrainment of particulate matter into 
the air.
    Pavement cleaning means the use of vacuum equipment, water sprays, 
or a combination thereof to remove dust or other accumulated material 
from the paved areas of a secondary lead smelter.
    Plant roadway means any area of a secondary lead smelter that is 
subject to vehicle traffic, including traffic by fork lifts, front-end 
loaders, or vehicles carrying whole batteries or cast lead ingots. 
Excluded from this definition are employee and visitor parking areas, 
provided they are not subject to traffic by vehicles carrying lead-
bearing materials.
    Process fugitive emission source means a source of hazardous air 
pollutant emissions at a secondary lead smelter that is associated with 
lead smelting or refining but is not the primary exhaust stream from a 
smelting furnace and is not a fugitive dust source. Process fugitive 
sources include, but are not limited to, smelting furnace charging 
points, smelting furnace lead and slag taps, refining kettles, 
agglomerating furnaces, and drying kiln transition pieces.
    Refining kettle means an open-top vessel that is constructed of 
cast iron or steel and is indirectly heated from below and contains 
molten lead for the purpose of refining and alloying the lead. Included 
are pot furnaces, receiving kettles, and holding kettles.
    Reverberatory furnace means a refractory-lined furnace that uses 
one or more flames to heat the walls and roof of the furnace and lead-
bearing scrap to such a temperature (greater than 980 oC) that lead 
compounds are chemically reduced to elemental lead metal.
    Rotary furnace (also known as a rotary reverberatory furnace) means 
a furnace consisting of a refractory-lined chamber that rotates about a 
horizontal axis and that uses one or more flames to heat the walls of 
the furnace and lead-bearing scrap to such a temperature (greater than 
980 oC) that lead compounds are chemically reduced to elemental lead 
metal.
    Secondary lead smelter means any facility at which lead-bearing 
scrap material, primarily but not limited to lead-acid batteries, is 
recycled into elemental lead by smelting. [[Page 32596]] 
    Smelting means the chemical reduction of lead compounds to lead 
metal in high-temperature furnaces including, but not limited to, blast 
furnaces, reverberatory furnaces, rotary furnaces, and electric 
furnaces.
    Total enclosure means a building with a roof and walls or 
partitions on all sides or the entire circumference to shelter the 
materials and/or process equipment located therein to prevent the 
entrainment of particulate matter into the air and with openings only 
to allow access and egress for people and vehicles.
    Vehicle wash means a device for removing dust and other accumulated 
material from the wheels, body, and underside of a vehicle to prevent 
the inadvertent transfer of lead-contaminated material to another area 
of a secondary lead smelter or to public roadways.
    Wet suppression means the use of water, water combined with a 
chemical surfactant, or a chemical binding agent to prevent the 
entrainment of dust into the air from fugitive dust sources.


Sec. 63.543  Standards for process sources.

    (a) No owner or operator of a secondary lead smelter shall 
discharge or cause to be discharged into the atmosphere from any 
existing, new, or reconstructed blast, reverberatory, rotary, or 
electric smelting furnace any gases that contain lead compounds in 
excess of 2.0 milligrams of lead per dry standard cubic meter (0.00087 
grains of lead per dry standard cubic foot).
    (b) [Reserved]
    (c) No owner or operator of a secondary lead smelter with a 
collocated blast furnace and reverberatory furnace shall discharge or 
cause to be discharged into the atmosphere from any existing, new, or 
reconstructed blast furnace or reverberatory furnace any gases that 
contain total hydrocarbons in excess of 20 parts per million by volume, 
expressed as propane corrected to 4 percent carbon dioxide, except as 
allowed under paragraphs (c)(1) and (c)(2) of this section.
    (1) No owner or operator of a secondary lead smelter with a 
collocated blast furnace and reverberatory furnace shall discharge or 
cause to be discharged into the atmosphere from any existing blast 
furnace any gases that contain total hydrocarbons in excess of 360 
parts per million by volume, expressed as propane corrected to 4 
percent carbon dioxide, during periods when the reverberatory furnace 
is not operating.
    (2) No owner or operator of a secondary lead smelter with a 
collocated blast furnace and reverberatory furnace shall discharge or 
cause to be discharged into the atmosphere from any blast furnace that 
commences construction or reconstruction after June 9, 1994, any gases 
that contain total hydrocarbons in excess of 70 parts per million by 
volume, expressed as propane corrected to 4 percent carbon dioxide, 
during periods when the reverberatory furnace is not operating.
    (d) No owner or operator of a secondary lead smelter with only 
blast furnaces shall discharge or cause to be discharged into the 
atmosphere from any existing blast furnace any gases that contain total 
hydrocarbons in excess of 360 parts per million by volume, expressed as 
propane corrected to 4 percent carbon dioxide.
    (e) No owner or operator of a secondary lead smelter with only 
blast furnaces shall discharge or cause to be discharged into the 
atmosphere from any blast furnace that commences construction or 
reconstruction after June 9, 1994, any gases that contain total 
hydrocarbons in excess of 70 parts per million by volume, expressed as 
propane corrected to 4 percent carbon dioxide.
    (f) If the owner or operator of a blast furnace or collocated blast 
and reverberatory furnace combines the blast furnace charging process 
fugitive emissions with the blast furnace process emissions and 
discharges them to the atmosphere through a common emission point, then 
compliance with the applicable total hydrocarbon concentration limit 
under paragraph (c) of this section shall be determined downstream from 
the point at which the two emission streams are combined.
    (g) If the owner or operator of a blast furnace or a collocated 
blast and reverberatory furnace does not combine the blast furnace 
charging process fugitive emissions with the blast furnace process 
emissions and discharges such emissions to the atmosphere through 
separate emission points, then the total hydrocarbon emission rate for 
the blast furnace process fugitive emissions shall not be greater than 
0.20 kilograms per hour (0.44 pounds per hour).
    (h) The standards for process sources are summarized in table 2.

           Table 2.--Summary of Standards for Process Sources           
------------------------------------------------------------------------
                     Lead                                               
                  compounds                                             
                 (milligrams                                            
    Furnace        per dry         Total                Citation        
 configuration     standard     hydrocarbons                            
                    cubic                                               
                    meter)                                              
------------------------------------------------------------------------
Collocated               2.0  20 parts per     Sec.  63.543 (a), (c).   
 reverberatory/                million by                               
 blast (when                   volume \1\.                              
 both furnaces                                                          
 operating).                                                            
(when                    2.0  360 parts per    Sec.  63.543 (a), (c)(1).
 reverberatory                 million by                               
 furnace not                   volume \1\                               
 operating).                   (existing).                              
                              70 parts per     Sec.  63.543 (a), (c)(2).
                               million by                               
                               volume \1\                               
                               (new) \2\.                               
Blast..........          2.0  360 parts per    Sec.  63.543 (a), (d).   
                               million by                               
                               volume \1\                               
                               (existing).                              
                              70 parts per     Sec.  63.543(e).         
                               million by                               
                               volume \1\                               
                               (new) \2\.                               
                              0.20 kilograms   Sec.  63.543(g).         
                               per hour \3\.                            
Reverberatory,           2.0  None...........  Sec.  63.543(a).         
 rotary, and                                                            
 electric.                                                              
------------------------------------------------------------------------
\1\ Total hydrocarbons emission limits are as propane at 4 percent      
  carbon dioxide to correct for dilution, based on a 3-hour average.    
\2\ New sources include those furnaces that commence construction or    
  reconstruction after June 9, 1994.                                    
\3\ Applicable to blast furnace charging process fugitive emissions that
  are not combined with the blast furnace process emissions prior to the
  point at which compliance with the total hydrocarbons concentration   
  standard is determined.                                               

Sec. 63.544  Standards for process fugitive sources.

    (a) Each owner or operator of a secondary lead smelter shall 
control the process fugitive emission sources listed in paragraphs 
(a)(1) through (a)(6) of this section by complying with either 
paragraph (b) or (c) of this section.
    (1) Smelting furnace and dryer charging hoppers, chutes, and skip 
hoists; [[Page 32597]] 
    (2) Smelting furnace lead taps and molds;
    (3) Smelting furnace slag taps and molds;
    (4) Refining kettles;
    (5) Dryer transition pieces; and
    (6) Agglomerating furnace product taps.
    (b) All process fugitive emission sources listed in paragraphs 
(a)(1) through (a)(6) of this section shall be controlled by an 
enclosure hood meeting the requirements of paragraphs (b)(1), (b)(2), 
or (b)(3) of this section except those meeting the requirements of 
paragraph (c) of this section. All enclosure hoods shall be ventilated 
to a control device that shall not discharge to the atmosphere any 
gases that contain lead compounds in excess of 2.0 milligrams of lead 
per dry standard cubic meter (0.00087 grains of lead per dry standard 
cubic foot).
    (1) All process fugitive enclosure hoods except those specified for 
refining kettles and dryer transition pieces shall be ventilated to 
maintain a face velocity of at least 90 meters per minute (300 feet per 
minute) at all hood openings.
    (2) Process fugitive enclosure hoods required for refining kettles 
in paragraph (a) of this section shall be ventilated to maintain a face 
velocity of at least 75 meters per minute (250 feet per minute).
    (3) Process fugitive enclosure hoods required over dryer transition 
pieces in paragraph (a) of this section shall be ventilated to maintain 
a face velocity of at least 110 meters per minute (350 feet per 
minute).
    (c) All process fugitive emission sources listed in paragraphs 
(a)(1) through (a)(6) of this section except those controlled by hoods 
meeting the requirements of paragraphs (b)(1) through (b)(3) of this 
section shall be located in a total enclosure that is ventilated to 
achieve an air velocity into the enclosure at all doorway openings of 
not less than 75 meters per minute (250 feet per minute). This 
enclosure shall be ventilated to a control device that shall not 
discharge to the atmosphere any gases that contain lead compounds in 
excess of 2.0 milligrams of lead per dry standard cubic meter (0.00087 
grains per dry standard cubic foot).
    (d) All dryer emission vents and agglomerating furnace emission 
vents shall be ventilated to a control device that shall not discharge 
to the atmosphere any gases that contain lead compounds in excess of 
2.0 milligrams of lead per dry standard cubic meter (0.00087 grains per 
dry standard cubic foot).
    (e) The standards for process fugitive sources are summarized in 
table 3.

                           Table 3.--Summary of Standards for Process Fugitive Sources                          
----------------------------------------------------------------------------------------------------------------
                                                     Control                                                    
                                                   device lead                                                  
                                                     compound     Enclosed                                      
                                                     emission     hood or                                       
                                                      limit       doorway                                       
             Fugitive emission source              (milligrams      face                   Citation             
                                                     per dry      velocity                                      
                                                     standard     (meters/                                      
                                                      cubic       minute)                                       
                                                      meter)                                                    
----------------------------------------------------------------------------------------------------------------
Control Option I:                                                                                               
    Smelting furnace and dryer charging hoppers,           2.0       \1\ 90  Sec.  63.544(b)                    
     chutes, and skip hoists.                                                                                   
    Smelting furnace lead taps and molds.........          2.0       \1\ 90  Sec.  63.544(b)                    
    Smelting furnace slag taps and molds.........          2.0       \1\ 90  Sec.  63.544(b)                    
    Refining kettles.............................          2.0       \1\ 75  Sec.  63.544(b)                    
    Dryer transition pieces......................          2.0      \1\ 110  Sec.  63.544(b)                    
    Agglomerating furnace process vents and                2.0       \1\ 90  Sec.  63.544(b)                    
     product taps.                                                                                              
Control Option II:                                                                                              
    Enclosed building ventilated to a control              2.0       \2\ 75  Sec.  63.544(c)                    
     device.                                                                                                    
Applicable to Both Control Options:                                                                             
    Dryer and agglomerating furnace emission               2.0  ...........  Sec.  63.544(d)                    
     vents.                                                                                                     
----------------------------------------------------------------------------------------------------------------
\1\ Enclosure hood face velocity applicable to those process fugitive sources not located in an enclosed        
  building ventilated to a control device.                                                                      
\2\ Building doorway air velocity measured at all doorways that are normally open during operations.            

Sec. 63.545  Standards for fugitive dust sources.

    (a) Each owner or operator of a secondary lead smelter shall 
prepare and at all times operate according to a standard operating 
procedures manual that describes in detail the measures that will be 
put in place to control fugitive dust emission sources within the areas 
of the secondary lead smelter listed in paragraphs (a)(1) through 
(a)(5) of this section.
    (1) Plant roadways;
    (2) Battery breaking area;
    (3) Furnace area;
    (4) Refining and casting area; and
    (5) Materials storage and handling area.
    (b) The standard operating procedures manual shall be submitted to 
the Administrator or delegated authority for review and approval.
    (c) The controls specified in the standard operating procedures 
manual shall at a minimum include the requirements of paragraphs (c)(1) 
through (c)(5) of this section.
    (1) Plant roadways--paving of all areas subject to vehicle traffic 
and pavement cleaning twice per day of those areas, except on days when 
natural precipitation makes cleaning unnecessary or when sand or a 
similar material has been spread on plant roadways to provide traction 
on ice or snow.
    (2) Battery breaking area--partial enclosure of storage piles, wet 
suppression applied to storage piles with sufficient frequency and 
quantity to prevent the formation of dust, and pavement cleaning twice 
per day; or total enclosure of the battery breaking area in a structure 
meeting the requirements of 40 CFR 265.1101(a) and (c) and ventilation 
of the enclosure to a control device.
    (3) Furnace area--partial enclosure and pavement cleaning twice per 
day; or total enclosure in a structure meeting the requirements of 40 
CFR 265.1101(a) and (c) and ventilation of the enclosure to a control 
device.
    (4) Refining and casting area--partial enclosure and pavement 
cleaning twice per day; or total enclosure in a structure meeting the 
requirements of 40 CFR 265.1101(a) and (c) and ventilation of the 
enclosure to a control device. [[Page 32598]] 
    (5) Materials storage and handling area--partial enclosure of 
storage piles, wet suppression applied to storage piles with sufficient 
frequency and quantity to prevent the formation of dust, vehicle wash 
at each exit from the area, and paving of the area; or total enclosure 
of the area in a structure meeting the requirements of 40 CFR 
265.1101(a) and (c) and ventilation of the enclosure to a control 
device and a vehicle wash at each exit.
    (d) The standard operating procedures manual shall require that 
daily records be maintained of all wet suppression, pavement cleaning, 
and vehicle washing activities performed to control fugitive dust 
emissions.
    (e) No owner or operator of a secondary lead smelter shall 
discharge or cause to be discharged into the atmosphere from any 
building or enclosure ventilation system any gases that contain lead 
compounds in excess of 2.0 milligrams of lead per dry standard cubic 
meter (0.00087 grains of lead per dry standard cubic foot).


Sec. 63.546  Compliance dates.

    (a) Each owner or operator of an existing secondary lead smelter 
shall achieve compliance with the requirements of this subpart no later 
than June 23, 1997.
    (b) Each owner or operator of a secondary lead smelter that 
commences construction or reconstruction after June 9, 1994, shall 
achieve compliance with the requirements of this subpart by June 23, 
1995 or upon startup of operations, whichever is later.


Sec. 63.547  Test methods.

    (a) The following test methods in appendix A of part 60 of this 
chapter in paragraphs (a)(1) through (a)(5) of this section shall be 
used to determine compliance with the emission standards for lead 
compounds under Secs. 63.543(a), 63.544(b), (c), and (d), and 
63.545(e):
    (1) Method 1 shall be used to select the sampling port location and 
the number of traverse points.
    (2) Method 2 shall be used to measure volumetric flow rate.
    (3) Method 3 shall be used for gas analysis to determine the dry 
molecular weight of the stack gas.
    (4) Method 4 shall be used to determine moisture content of the 
stack gas.
    (5) Method 12 shall be used to determine compliance with the lead 
compound emission standards. The minimum sample volume shall be 0.85 
dry standard cubic meters (30 dry standard cubic feet) and the minimum 
sampling time shall be 60 minutes for each run. Three runs shall be 
performed and the average of the three runs shall be used to determine 
compliance.
    (b) The following test methods in appendix A of part 60 listed in 
paragraphs (b)(1) through (b)(5) of this section shall be used, as 
specified, to determine compliance with the emission standards for 
total hydrocarbons under Sec. 63.543(c), (d), (e), and (g):
    (1) Method 1 shall be used to select the sampling port location to 
determine compliance under Sec. 63.543(c), (d), (e), and (g).
    (2) Method 2 shall be used to measure volumetric flow rate to 
determine compliance under Sec. 63.543(g).
    (3) The Single Point Integrated Sampling and Analytical Procedure 
of Method 3B shall be used to measure the carbon dioxide content of the 
stack gases to determine compliance under Sec. 63.543(c), (d), and (e).
    (4) Method 4 shall be used to measure moisture content of the stack 
gases to determine compliance under Sec. 63.543(c), (d), (e), and (g).
    (5) Method 25A shall be used to measure total hydrocarbon emissions 
to determine compliance under Sec. 63.543(c), (d), (e), and (g). The 
minimum sampling time shall be 1 hour for each run. A minimum of three 
runs shall be performed. A 1-hour average total hydrocarbon 
concentration shall be determined for each run and the average of the 
three 1-hour averages shall be used to determine compliance. The total 
hydrocarbon emissions concentrations for determining compliance under 
Sec. 63.543(c), (d), and (e) shall be expressed as propane and shall be 
corrected to 4 percent carbon dioxide, as described in paragraph (c) of 
this section.
    (c) For the purposes of determining compliance with the emission 
limits under Sec. 63.543(c), (d), and (e), the measured total 
hydrocarbon concentrations shall be corrected to 4 percent carbon 
dioxide as listed in paragraphs (c)(1) through (c)(2) of this section 
in the following manner:
    (1) If the measured percent carbon dioxide is greater than 0.4 
percent in each compliance test, the correction factor shall be 
determined by using the following equation:
[GRAPHIC][TIFF OMITTED]TR23JN95.015


where:
F=correction factor (no units)
CO2=percent carbon dioxide measured using Method 3B, where the 
measured carbon dioxide is greater than 0.4 percent.
    (2) If the measured percent carbon dioxide is equal to or less than 
0.4 percent, then a correction factor (F) of 10 shall be used.
    (3) The corrected total hydrocarbon concentration shall be 
determined by multiplying the measured total hydrocarbon concentration 
by the correction factor (F) determined for each compliance test.
    (d) Compliance with the face velocity requirements under 
Sec. 63.544(b) and (c) for process fugitive enclosure hoods shall be 
determined by the following test methods in paragraph (d)(1) or (d)(2) 
of this section.
    (1) Owners and operators shall calculate face velocity using the 
procedures in paragraphs (d)(1)(i) through (d)(1)(iv) of this section.
    (i) Method 1 shall be used to select the sampling port location in 
the duct leading from the process fugitive enclosure hood to the 
control device.
    (ii) Method 2 shall be used to measure the volumetric flow rate in 
the duct from the process fugitive enclosure hood to the control 
device.
    (iii) The face area of the hood shall be determined from 
measurement of the hood. If the hood has access doors, then face area 
shall be determined with the access doors in the fully open position.
    (iv) Face velocity shall be determined by dividing the volumetric 
flow rate determined in paragraph (d)(1)(ii) of this section by the 
total face area for the hood determined in paragraph (d)(1)(iii) of 
this section.
    (2) The face velocity shall be measured directly using the 
procedures in paragraphs (d)(2)(i) through (d)(2)(vi) of this section.
    (i) A propeller anemometer or equivalent device shall be used to 
measure hood face velocity.
    (ii) The propeller of the anemometer shall be made of a material of 
uniform density and shall be properly balanced to optimize performance.
    (iii) When the anemometer is mounted with the propeller shaft in a 
horizontal position, the threshold velocity of the anemometer shall not 
exceed 15 meters per minute (50 feet per minute) as determined by a 
procedure equivalent to that in Method 14 of appendix A of part 60.
    (iv) The measurement range of the anemometer shall extend to at 
least 300 meters per minute (1,000 feet per minute).
    (v) A known relationship shall exist between the anemometer signal 
output and air velocity, and the anemometer must be equipped with a 
suitable readout system.
    (vi) Hood face velocity shall be determined for each hood during 
[[Page 32599]] normal operation with all access doors in the open 
position and by placing the anemometer in the plane of the hood 
opening.
    (e) Owners and operators shall measure doorway air velocity to 
determine compliance with the doorway velocity requirement for enclosed 
buildings in Sec. 63.544(c) using the procedures in paragraphs (e)(1) 
and (e)(2) of this section.
    (1) Owners and operators shall use a propeller anemometer or 
equivalent device meeting the requirements of paragraphs (d)(2)(ii) 
through (d)(2)(v) of this section.
    (2) Doorway air velocity into the building shall be determined for 
each doorway in the open position during normal operation by placing 
the anemometer in the plane of the doorway opening.


Sec. 63.548  Monitoring requirements.

    (a) Owners and operators of secondary lead smelters shall prepare, 
and at all times operate according to, a standard operating procedures 
manual that describes in detail procedures for inspection, maintenance, 
and bag leak detection and corrective action plans for all baghouses 
(fabric filters) that are used to control process, process fugitive, or 
fugitive dust emissions from any source subject to the lead emission 
standards in Secs. 63.543, 63.544, and 63.545, including those used to 
control emissions from building ventilation. This provision shall not 
apply to process fugitive sources that are controlled by wet scrubbers.
    (b) The standard operating procedures manual for baghouses required 
by paragraph (a) of this section shall be submitted to the 
Administrator or delegated authority for review and approval.
    (c) The procedures specified in the standard operating procedures 
manual for inspections and routine maintenance shall, at a minimum, 
include the requirements of paragraphs (c)(1) through (c)(12) of this 
section.
    (1) Daily monitoring of pressure drop across each baghouse cell.
    (2) Daily visual observation of baghouse discharge or stack.
    (3) Daily visual inspection to ensure that dust is being removed 
from hoppers.
    (4) Daily check of compressed air supply for pulse-jet baghouses.
    (5) Daily visual inspection of isolation dampers for proper 
operation.
    (6) Daily monitoring of cleaning cycle by observing meters or 
control panel instrumentation.
    (7) Weekly visual inspection of bag cleaning mechanisms for proper 
functioning.
    (8) Weekly check of bag tension on reverse air and shaker type 
baghouses.
    (9) Monthly visual inspection of baghouse interior for air leaks.
    (10) Monthly inspection of bags and bag connections.
    (11) Monthly inspection of fans for wear, material buildup, and 
corrosion.
    (12) Continuous operation of a bag leak detection system.
    (d) The procedures specified in the standard operating procedures 
manual for maintenance shall, at a minimum, include a preventative 
maintenance schedule that is consistent with the baghouse 
manufacturer's instructions for routine and long-term maintenance.
    (e) The bag leak detection system required by paragraph (c)(12) of 
this section, shall meet the specifications and requirements of 
paragraphs (e)(1) through (e)(5) of this section.
    (1) The bag leak detection system must be capable of detecting 
particulate matter emissions at concentrations of 1.0 milligram per 
actual cubic meter (0.00044 grains per actual cubic foot) or less.
    (2) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter emissions.
    (3) The bag leak detection system must be equipped with an alarm 
system that will alarm when an increase in particulate emissions is 
detected.
    (4) For negative pressure or induced air baghouses, the bag leak 
detector must be installed downstream of the baghouse and upstream of 
any wet acid gas scrubber. For positive pressure baghouses, a bag leak 
detector must be installed in each baghouse compartment or cell. Where 
multiple detectors are required, the system's instrumentation and alarm 
may be shared among detectors.
    (5) The bag leak detection system shall be installed and operated 
in a manner consistent with available guidance from the U.S. 
Environmental Protection Agency or, in the absence of such guidance, 
the manufacturer's written specifications and recommendations for 
installation, operation, and calibration of the system. The calibration 
of the system shall, at a minimum, consist of establishing the relative 
baseline output level by adjusting the sensitivity and the averaging 
period of the device, and establishing the alarm set points and the 
alarm delay time. The system must be fully operational at the time of 
the initial lead compliance test required to demonstrate compliance 
with the applicable lead emission standard under Secs. 63.543, 63.544, 
or 63.545. The owner or operator shall not adjust the sensitivity, 
averaging period, alarm set points, or alarm delay time after the 
initial lead compliance test unless a test is performed to demonstrate 
compliance with the applicable lead emission standard after the 
adjustments are made.
    (f) The standard operating procedures manual required by paragraph 
(a) of this section shall include a corrective action plan that 
specifies the procedures to be followed in the case of a bag leak 
detection system alarm. The corrective action plan shall include, at a 
minimum, the procedures used to determine and record the time and cause 
of the alarm as well as the corrective actions taken to correct the 
control device malfunction or minimize emissions as specified in 
paragraphs (f)(1) and (f)(2) of this section.
    (1) The procedures used to determine the cause of the alarm must be 
initiated within 30 minutes of the alarm.
    (2) The cause of the alarm must be alleviated by taking the 
necessary corrective action(s) which may include, but not be limited 
to, paragraphs (f)(1)(i) through (f)(2)(vi) of this section.
    (i) Inspecting the baghouse for air leaks, torn or broken filter 
elements, or any other malfunction that may cause an increase in 
emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media, or otherwise 
repairing the control device.
    (iv) Sealing off a defective baghouse compartment.
    (v) Cleaning the bag leak detection system probe, or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate emissions.
    (g) The owner or operator of a secondary lead smelter that uses a 
wet scrubber to control particulate matter and metal hazardous air 
pollutant emissions from a process fugitive source shall monitor and 
record the pressure drop and water flow rate of the wet scrubber during 
the initial test to demonstrate compliance with the lead emission limit 
under Sec. 63.544(d). Thereafter, the owner or operator shall monitor 
and record the pressure drop and water flow rate at least once every 
hour and shall maintain the pressure drop and water flow rate no lower 
than 30 percent below the pressure drop and water flow rate measured 
during the initial compliance test.
    (h) The owner or operator of a blast furnace or collocated 
reverberatory and blast furnace subject to the total hydrocarbon 
standards in Sec. 63.543(c), (d), or (e), must comply with the 
requirements of either paragraph (h)(1) or (h)(2) of this section, to 
demonstrate [[Page 32600]] continuous compliance with the total 
hydrocarbon emission standards.
    (1) Continuous Temperature Monitoring--(i) The owner or operator of 
a blast furnace or a collocated reverberatory furnace and blast furnace 
subject to the total hydrocarbon emission standards in Sec. 63.543(c), 
(d), or (e) shall install, calibrate, maintain, and continuously 
operate a device to monitor and record the temperature of the 
afterburner or the combined blast furnace and reverberatory furnace 
exhaust streams consistent with the requirements for continuous 
monitoring systems in subpart A, General Provisions.
    (ii) The owner or operator of a blast furnace or a collocated 
reverberatory furnace and blast furnace subject to the total 
hydrocarbon emission standards shall monitor and record the temperature 
of the afterburner or the combined blast furnace and reverberatory 
furnace exhaust streams every 15 minutes during the total hydrocarbon 
compliance test and determine an arithmetic average for the recorded 
temperature measurements.
    (iii) To remain in compliance with the standards for total 
hydrocarbons, the owner or operator must maintain an afterburner or 
combined exhaust temperature such that the average temperature in any 
3-hour period does not fall more than 28  deg.C (50  deg.F) below the 
average established in paragraph (h)(1)(ii) of this section. An average 
temperature in any 3-hour period that falls more than 28  deg.C (50 
deg.F) below the average established in paragraph (h)(1)(ii) of this 
section, shall constitute a violation of the applicable emission 
standard for total hydrocarbons under Sec. 63.543(c), (d), or (e).
    (2) Continuous Monitoring of Total Hydrocarbon Emissions--
    (i) The owner or operator of a secondary lead smelter shall 
install, operate, and maintain a total hydrocarbon continuous 
monitoring system and comply with all of the requirements for 
continuous monitoring systems found in subpart A, General Provisions.
    (ii) Allowing the 3-hour average total hydrocarbon concentration to 
exceed the applicable total hydrocarbon emission limit under 
Sec. 63.543 shall constitute a violation of the applicable emission 
standard for total hydrocarbons under Sec. 63.543(c), (d), or (e).


Sec. 63.549  Notification requirements.

    (a) The owner or operator of a secondary lead smelter shall comply 
with all of the notification requirements of Sec. 63.9 of subpart A, 
General Provisions.
    (b) The owner or operator of a secondary lead smelter shall submit 
the fugitive dust control standard operating procedures manual required 
under Sec. 63.545(a) and the standard operating procedures manual for 
baghouses required under Sec. 63.548(a) to the Administrator or 
delegated authority along with a notification that the smelter is 
seeking review and approval of the these plans and procedures. Owners 
or operators of existing secondary lead smelters shall submit this 
notification no later than December 23, 1996. The owner or operator of 
a secondary lead smelter that commences construction or reconstruction 
after June 9, 1994, shall submit this notification no later than 180 
days before startup of the constructed or reconstructed secondary lead 
smelter, but no sooner than June 23, 1995.


Sec. 63.550  Recordkeeping and reporting requirements.

    (a) Each owner or operator of a secondary lead smelter shall 
maintain for a period of 5 years, records of the information listed in 
paragraphs (a)(1) through (a)(8) of this section.
    (1) The results of initial and subsequent compliance tests for lead 
compounds and total hydrocarbons.
    (2) An identification of the date and time of all bag leak 
detection system alarms, their cause, and an explanation of the 
corrective actions taken.
    (3) If an owner or operator chooses to demonstrate continuous 
compliance with the total hydrocarbon emission standards under 
Sec. 63.543(c), (d), or (e) by employing the method allowed in 
Sec. 63.548(h)(1), the records shall include the output from the 
continuous temperature monitor, an identification of periods when the 
3-hour average temperature fell below the minimum established under 
Sec. 63.548(h)(1), and an explanation of the corrective actions taken.
    (4) If an owner or operator chooses to demonstrate continuous 
compliance with the total hydrocarbon emission standard under 
Sec. 63.543(c), (d), or (e) by employing the method allowed in 
Sec. 63.548(h)(2), the records shall include the output from the total 
hydrocarbon continuous monitoring system, an identification of the 
periods when the 3-hour average total hydrocarbon concentration 
exceeded the applicable standard and an explanation of the corrective 
actions taken.
    (5) Records of maintenance, calibration, or other procedures 
required by this rule for any monitoring system used to demonstrate 
compliance with an applicable requirement.
    (6) Any recordkeeping required as part of the practices described 
in the standard operating procedures manual required under 
Sec. 63.545(a) for the control of fugitive dust emissions.
    (7) Any recordkeeping required as part of the practices described 
in the standard operating procedures manual for baghouses required 
under Sec. 63.548(a).
    (8) Records of the pressure drop and water flow rate for wet 
scrubbers used to control metal hazardous air pollutant emissions from 
process fugitive sources.
    (b) The owner or operator of a secondary lead smelter shall comply 
with all of the reporting requirements under Sec. 63.10 of the General 
Provisions. The submittal of reports shall be no less frequent than 
specified under Sec. 63.10(e)(3) of the General Provisions. Once a 
source reports a violation of the standard or excess emissions, the 
source shall follow the reporting format required under 
Sec. 63.10(e)(3) until a request to reduce reporting frequency is 
approved.
    (c) The reports required under paragraph (b) of this section shall 
include the information specified in paragraphs (c)(1) through (c)(6) 
of this section.
    (1) The report shall include records of all alarms from the bag 
leak detection system specified in Sec. 63.548(e).
    (2) The report shall include a description of the procedures taken 
following each bag leak detection system alarm pursuant to 
Sec. 63.548(f)(1) and (2).
    (3) The report shall include the information specified in either 
paragraph (c)(3)(i) or (c)(3)(ii) of this section, consistent with the 
monitoring option selected under Sec. 63.548(h).
    (i) A record of the temperature monitor output, in 3-hour block 
averages, for those periods when the temperature monitored pursuant to 
Sec. 63.548(h)(1) fell below the level established in 
Sec. 63.548(h)(1).
    (ii) A record of the total hydrocarbon concentration, in 3-hour 
block averages, for those periods when the total hydrocarbon 
concentration being monitored pursuant to Sec. 63.548(h)(2) exceeds the 
relevant limits established in Sec. 63.543(c), (d), and (e).
    (4) The reports required under paragraph (b) of this section shall 
contain a summary of the records maintained as part of the practices 
described in the standard operating procedures manual for baghouses 
required under Sec. 63.548(a) including an explanation of the periods 
when the [[Page 32601]] procedures were not followed and the corrective 
actions taken.
    (5) The reports required under paragraph (b) of this section shall 
contain an identification of the periods when the pressure drop and 
water flow rate of wet scrubbers used to control process fugitive 
sources dropped below the levels established in Sec. 63.548(g) and an 
explanation of the corrective actions taken.
    (6) The reports required under paragraph (b) of this section shall 
contain a summary of the fugitive dust control measures performed 
during the required reporting period, including an explanation of the 
periods when the procedures outlined in the standard operating 
procedures manual pursuant to Sec. 63.545(a) were not followed and the 
corrective actions taken. The reports shall not contain copies of the 
daily records required to demonstrate compliance with the requirements 
of the standard operating procedures manuals required under 
Secs. 63.545(a) and 63.548(a).

[FR Doc. 95-14908 Filed 6-22-95; 8:45 am]
BILLING CODE 6560-50-P