[Federal Register Volume 61, Number 240 (Thursday, December 12, 1996)]
[Rules and Regulations]
[Pages 65334-65336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31704]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5664-6]
RIN 2060-AE04


National Emission Standards for Hazardous Air Pollutants From 
Secondary Lead Smelting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; extension of compliance dates.

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SUMMARY: This action amends the national emission standards for 
hazardous air pollutants (NESHAP) for secondary lead smelting by 
extending by six months the compliance date of the rule and the dates 
on which existing smelters must submit standard operating procedures 
(SOP) manuals. This action also sets the deadline for requests for 
extension of compliance at June 23, 1997. The current rule requires 
existing smelters to submit SOP manuals for baghouses and fugitive dust 
control by December 23, 1996, and to achieve compliance with the rule 
by June 23, 1997. The EPA is currently planning to revise portions of 
the final rule to address comments received in petitions for 
reconsideration. These revisions, which are scheduled to be published 
in February 1997, will materially effect the content of the SOP manuals 
and the air pollution controls needed to comply with the rule. Today's 
action is being taken to allow affected facilities adequate time to 
incorporate the revised requirements into their SOP manuals and to have 
sufficient time to comply with the emission standards in the rule. This 
revised compliance date remains within the three year period for 
compliance allowed by section 112 (i)(3)(A) of the Clean Air Act.
DATE(S): Effective date: This final action will be effective on 
December 12, 1996 unless EPA receives adverse public comment on this 
document by January 13, 1997. In the event that EPA receives adverse 
public comment, the Agency will withdraw this rule and issue a proposal 
to extend the effective date to comply with the rule and to submit SOP 
manuals.
    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.

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.

FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Metals Group, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711; telephone (919) 
541-2364.

SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:

I. Background
II. Need for this Action
III. Rationale for Direct Final Rule and Immediate Effective Date
IV. Administrative
A. Executive Order 12866
B. Unfunded Mandates Act
C. Paperwork Reduction Act
D. Regulatory Flexibility Act
E. Submission to Congress and the General Accounting Office

I. Background

    The NESHAP for secondary lead smelting (40 CFR part 63, subpart X) 
was proposed in the Federal Register on June 9, 1994 (59 FR 29750). The 
EPA received 31 letters commenting on the proposed rule and proposed 
area source listing. After considering fully the comments received, the 
EPA promulgated this NESHAP in the Federal Register on June 23, 1995 
(60 FR 32587).
    The final rule establishes emission limits for lead, as a surrogate 
for all metallic Hazardous Air Pollutants (HAP), from smelting 
furnaces, refining kettles, agglomerating furnaces, dryers, and 
fugitive dust sources at secondary lead smelters. The final rule also 
establishes emission limits for Total Hydrocarbons (THC), as a 
surrogate for HAP organics, from smelting furnaces. Work practice 
standards (ie. minimum hood face velocities, and building enclosures) 
are specified for the capture and control of process fugitive sources 
including furnace charging equipment and tapping locations, refining 
kettles, driers, and agglomerating furnace vents and taps. The final 
rule also requires smelters to develop site specific SOP manuals for 
fugitive dust control and baghouse operation and maintenance. Minimum 
SOP requirements are specified in the rule.
    The final rule requires existing facilities to submit SOP manuals 
for baghouses and fugitive dust control within 18 months of publication 
(that is, by December 23, 1996), and to achieve compliance with the 
rule within 2 years of publication (namely, by June 23, 1997). The 
June, 1997 ultimate compliance date is one year earlier than the 
maximum amount of time--3 years--allowed for compliance with MACT 
standards. See CAA section 112(i)(3)(A).
    The EPA received three petitions for reconsideration pursuant to 
section 307(d)(7)(B) of the Act from two secondary lead owners/
operators, and the Association of Battery Recyclers. The petitioners 
objected to the introduction of bag leak detection (Sec. 63.548(e)) and 
the minimum baghouse SOP requirements (Sec. 63.548(c)) stating they 
were not logical extensions of the proposal. In addition, the 
petitioners requested that EPA reconsider requirements in the final 
rule dealing with the THC limit for collocated blast and reverberatory 
furnaces (Sec. 64.543(c)).
    The EPA has determined that several of the objections contained in 
the petitions are properly founded and is considering amending the rule 
accordingly, and is planning to publish amendments to the NESHAP in 
February 1997.

II. Need for This Action

    As stated above, the current rule requires existing owners and 
operators of secondary lead smelters to submit the required SOP manuals 
for baghouses and fugitive dust control by December 23, 1996, and to 
achieve compliance with the rule no later than June 23, 1997. In 
addition, 40 CFR 63.6(i) sets the deadline for requests for extension 
of compliance to one year prior to the

[[Page 65335]]

compliance date, in this case June 23, 1996.
    Section 112(i)(3)(A) of the Act instructs the EPA to ``provide for 
compliance as expeditiously as practicable, but in no event later than 
3 years after the effective date of such standard.'' At the time of 
publication of the final rule, EPA believed that a 2 year period would 
allow facilities adequate time to achieve compliance with the rule, and 
that an 18 month period would be adequate to prepare and submit the 
requisite SOP manuals.
    As stated, the EPA is currently planning to revise portions of the 
rule to address comments received in the petitions for reconsideration. 
These revisions, which are scheduled to be published in February 1997, 
will materially effect the content of the SOP manuals and the air 
pollution controls needed to obtain compliance.
    Currently, owners and operators will not be able to prepare their 
SOPs on time, or will have to revise their SOPs once the amendments are 
published. They will also have less than 4 months to purchase and 
install control equipment necessary to comply with the final rule. 
Also, with out this extension, the owners and operators will not have 
an opportunity to prepare and submit a request for extension of 
compliance if needed after the amendments are published. The EPA does 
not believe that this situation is reasonable. Today's action extends 
the compliance date to December 23, 1997--30 months after the original 
effective date and so within the time period for compliance allowed by 
section 112(i)(3)(A)--and extends the SOP submittal date to June 23, 
1997, two years after the effective date and again within a permissible 
compliance period under the Act. This action also sets the submittal 
date for requests for extension of compliance at June 23, 1997 as 
provided for under 40 CFR 63.6(i)(3)(B). The EPA believes that these 
extended dates provide a reasonable amount of time to comply with the 
rule and that these extended dates will not compromise the rule's 
ultimate effectiveness, and indeed, will promote sound implementation 
of the rule by allowing sufficient time for compliance.

III. Rationale for Direct Final Rule and Immediate Effective Date

    The EPA is promulgating this extension of the rule's compliance 
dates as a direct final rule (and therefore without prior notice and 
opportunity for public comment) because EPA views this as a 
noncontroversial action which appropriately corrects the rule's 
compliance dates after EPA received information which will require some 
changes to the rule and therefore will alter the provisions with which 
secondary lead smelters must comply. In fact, most of the secondary 
lead smelting industry has submitted comment to EPA on this issue 
through the petition for reconsideration process. However, should EPA 
receive any comment objecting to this notice, the Agency will withdraw 
this action and issue a proposal to extend the compliance dates (should 
EPA still consider that action to be appropriate). Objections may be 
addressed to Mr. Kevin Cavender, Metals Group, Emission Standards 
Division (MD-13), U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711.
    In addition, pursuant to section 553(d) of the Administrative 
Procedure Act (5 U.S.C. 553(d)), EPA is finding that this amendment 
relieves a regulatory restriction and therefore can be made effective 
less than 30 days from its publication date.

IV. Administrative

A. 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.
    It has been determined that this amendment to the final rule is not 
a ``significant regulatory action'' under the terms of the Executive 
Order and is therefore not subject to OMB review.

B. 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 required to develop a 
plan with regard to small governments.

C. Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C 3501 et seq., EPA must 
consider the paperwork burden imposed by any information collection 
request in a proposed or final rule. This amendment to the rule will 
not impose any new information collection requirements.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (or RFA, Pub. L. 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. This amendment will not 
result in increased economic impacts to small entities.

[[Page 65336]]

E. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. Since this rule decreases regulatory impact, it is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Compliance dates, Reporting and 
recordkeeping requirements, Secondary lead smelters.

    Dated: December 9, 1996.
Carol M. Browner,
The Administrator.
    For the reasons set out in the preamble, title 40, chapter I, of 
the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

    2. Section 63.546 is amended by revising paragraph (a) to read as 
follows:


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 December 23, 1997. Existing sources wishing to apply for an 
extension of compliance pursuant to Sec. 63.6(i) of this part must do 
so no later than June 23, 1997.
* * * * *
    3. Section 63.549 is amended by revising paragraph (b) to read as 
follows:


Sec. 63.549  Notification requirements.

* * * * *
    (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 these plans and procedures. Owners or 
operators of existing secondary lead smelters shall submit this 
notification no later than June 23, 1997. 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.

[FR Doc. 96-31704 Filed 12-11-96; 8:45 am]
BILLING CODE 6560-50-P