[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Rules and Regulations]
[Pages 32209-32223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15570]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5839-2]
RIN 2060-AH07


National Emission Standards for Hazardous Air Pollutants From 
Secondary Lead Smelting

AGENCY: Environmental Protection Agency (EPA).


[[Page 32210]]


ACTION: Direct final rule: Amendments to rule.

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SUMMARY: This action amends the national emission standards for 
hazardous air pollutants (NESHAP) for new and existing secondary lead 
smelters. Changes to the NESHAP are being made to address comments 
received in petitions to reconsider sent to the EPA following 
promulgation of the final rule. These changes affect several aspects of 
the final rule including applicability of the THC limit for collocated 
blast and reverberatory furnaces, minimum baghouse standard operating 
procedure (SOP) requirements, and bag leak detection system 
specifications and requirements. Several minor changes are also being 
made to clarify the intent of the rule. The EPA is making these 
amendments as a direct final rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
significant adverse comments.
    The EPA is also proposing these amendments in the Proposed Rules 
Section of this Federal Register. If no significant adverse comments 
are received in response to this direct final rule, no further action 
is contemplated in relation to the proposal. If the EPA receives 
significant adverse comments, the direct final rule will be withdrawn 
and all public comments received will be addressed in a subsequent 
final rule based on the proposed rule. The EPA will not institute a 
second comment period on the proposal. Any parties interested in 
commenting on the amendments should do so at this time.

DATES: Effective Date. This action will be effective August 4, 1997 
unless significant adverse comments on this action are received by July 
14, 1997. If significant adverse comments are received, the EPA will 
withdraw this Direct Final rule and will publish timely notice of the 
withdrawal inthe Federal Register, and all public comments received 
will be addressed in a subsequent final rule.
    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.
    Comments. Written comments should be submitted to: Docket A-92-43, 
U.S. EPA, Air & Radiation Docket & Information Center, 401 M. Street, 
S.W., Room 1500, Washington, D.C. 20460.

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. Summary
A. Summary of Promulgated Standards
B. Summary of Changes Made Since Promulgation
C. Summary of Environmental, Energy, Health, Cost, and Economic 
Impacts
    III. Public Participation
    IV. Significant Public Comments and Responses
A. Definition of Collocated Blast Furnace and Reverberatory Furnaces
B. Test Methods for Determining Hood Face and Doorway Air Velocities
C. Minimum Baghouse SOP Requirements
D. Bag Leak Detection System Specifications and Requirements
    V. Administrative Requirements
A. Docket
B. Executive Order 12866
C. Unfunded Mandates Act
D. Paperwork Reduction Act
E. Regulatory Flexibility Act
F. 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 (i.e., minimum hood face velocities, and building enclosures) 
were 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 Standard Operating 
Procedures (SOP) manuals for fugitive dust control and baghouse 
operation and maintenance. Minimum SOP requirements were specified in 
the rule.
    Following publication of the final rule, the EPA received three 
petitions for reconsideration pursuant to section 307(d)(7)(B) of the 
act from secondary lead smelter owners and operators, and the 
Association of Battery Recyclers, an industry trade association that 
represents the majority of the secondary lead smelters in the United 
States.
    The petitioners had subsantive objections to several technical 
requirements in the final rule that were not included in the proposal. 
The EPA has determined that several of the objections contained in the 
petitions, though not dealing with critical parts of the rule, are 
properly founded and that the rule should be revised. The EPA extended 
the compliance and SOP submittal dates by six months, in order to allow 
affected sources time to address the changes being made in this action. 
The extension was published in the Federal Register on December 12, 
1996 (60 FR 65334). The EPA is making further amendments in this 
document.

II. Summary

A. Summary of Promulgated Standards

    The promulgated rule, as amended, 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.
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, 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

[[Page 32211]]

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 blast furnaces and reverberatory 
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. For the purpose of 
this rule, a collocated blast furnace and reverberatory furnace is 
defined as operation at the same site of a reverberatory furnace and a 
blast furnace with the volumetric flow rate discharged from the 
reverberatory furnaces being at least equal to that discharged from the 
blast furnaces.
    The THC standard for a collocated blast furnace and reverberatory 
furnace is based on commingling the high-volume, high-temperature 
(approximately 1000  deg.C) reverberatory exhaust with the low-volume, 
low-temperature (approximately 100  deg.C) blast furnace exhaust to 
incinerate the organic HAP in the blast furnace exhaust. Organics are 
further reduced in a typical collocated blast furnace and reverberatory 
configuration since the reverberatory furnace processes the majority of 
the broken battery materials while the blast furnace processes 
reverberatory slag and only small amounts of broken batteries.
    Owners and operators of new blast furnaces not collocated with a 
reverberatory furnace (as defined above) must comply with a THC limit 
of 70 ppmv. Existing blast furnaces not collocated with a reverberatory 
furnace 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 total 
enclosure 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 be ventilated at such a rate as to maintain a lower than 
ambient pressure within the building, ensuring that a in-draft will 
exist at all doors and other openings.
    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 
December 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). EPA Reference Method 9 is not required for determining 
compliance with the emission limits for lead compounds. 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 for all 
subject control devices to demonstrate compliance with the lead 
compound emission standards. In addition, the rule requires annual 
compliance testing for devices controlling process and process fugitive 
emission sources. All owners and operators must also prepare SOP 
manuals for the systematic inspection and maintenance of all baghouses, 
and install and operate bag leak detection systems. Where required, a 
single bagleak detector may be used to monitor a common stack serving 
multiple baghouses. Each manual shall also include provisions for the 
diagnosis of problems and a corrective action plan. 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. The THC emission limit 
includes a carbon dioxide correction factor which accounts for dilution 
(e.g., combining non-process streams, and tempering air). As such, the 
THC monitor may be placed anywhere down stream of any organic HAP 
control devices (e.g., after the baghouse). 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

[[Page 32212]]

recordkeeping and reporting requirements in the General Provisions to 
part 63 (40 CFR part 60, 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 Changes Made Since Promulgation

    The EPA has made several changes to the promulgated rule based on 
comments contained in the petitions for reconsideration. A summary of 
the changes is presented below. Additional discussion of the changes 
and the rationale for these changes is presented in section II-C of 
this preamble.
1. Definitions
    Several definitions were revised or added to resolve issues and 
clarify the intent of the rule. The definition of a bag leak detection 
system was revised to specifically not exclude devices that operate on 
the principle of light transmittance. Bag leak detection systems still 
must meet the specifications outlined in Sec. 63.548(e).
    A definition of collocated blast furnace and reverberatory furnace 
was added. The new definition is based, in part, on the relative 
exhaust rate for the blast furnace compared to the reverberatory 
furnace. This definition was added in response to comments from two 
smelters where the blast furnace exhaust was substantially higher than 
the reverberatory furnace making commingling infeasible.
    The definitions of secondary lead smelter and smelting were revised 
and a definition of lead alloy was added to clarify that solder 
reclamation operations are not subject to the rule.
    The definitions of partial and total enclosure were revised to 
clarify the intent of the rule. A definition of a high efficiency 
particulate air (HEPA) filter was added for completeness.
2. Standards for Process Fugitive Sources
    Section 63.544 was re-organized to clarify the intent of the rule 
due to comments received. Specifically, the section was revised to make 
it clear that a facility wishing to comply with the standard through 
the use of a total enclosure may still use local hooding within the 
total enclosure, and that a facility may choose to control some 
fugitive emission sources with total enclosures and others through 
enclosure hooding. These changes do not affect the requirements of the 
rule.
    The minimum doorway air velocity requirement for total enclosures 
has been deleted. As revised, owners and operators choosing to control 
process fugitive emission sources through total enclosures are required 
to ventilate the building at a rate that would ensure in-draft at all 
doorways. This requirement would replace the requirement for 
maintaining an in-draft velocity of 250 meters per minute at all 
doorways.
3. Test Methods and Schedule
    The test method for demonstrating compliance with the hood face 
velocity has been revised to address comments received in the 
petitions. The current procedure could be read to require facilities to 
test the hood face velocity with all access doors in the open position. 
One petitioner argued that this requirement would, in many instances, 
result in artificial operating conditions that would make compliance 
impossible for certain operators. The rule is being revised to clarify 
that facilities may demonstrate compliance with the access doors 
positioned consistent with normal operation.
    The test method for demonstrating compliance with the doorway air 
velocity requirements has been revised to address comments received in 
the petitions. As revised, owners and operators are given two options 
for demonstrating that the enclosure is ventilated at a sufficient rate 
to ensure in-draft at all openings. Under the first option, a vane 
anemometer is placed in the center of each doorway to demonstrate that 
air is being drawn into the building. Alternatively, an owner or 
operator can elect to install a pressure gauge on the leeward wall of 
the enclosure and demonstrate that the building is under a negative 
pressure as compared to ambient pressure.
4. Monitoring Requirements
    The minimum maintenance requirements specified in the rule have 
been revised to address comments received in the petitions. The 
frequency of several of the required inspections were lowered to reduce 
the burden placed on operators. In addition, the requirements were 
revised to allow for alternative means of inspection where appropriate 
(e.g., fan vibration analysis in lieu of visual inspection for wear).
    The specifications and requirements for bag leak detection systems 
have been revised. The minimum detection capability of the bag leak 
system was increased to 10 milligram per actual cubic meter from 1 
milligram per actual cubic meter.
    The requirement that a facility perform a compliance test in order 
to adjust the settings on the bag leak detection system has been 
dropped. Facilities will be allowed to adjust the bag leak detector as 
provided in written EPA guidance or manufacturers written guidance in 
the event EPA guidance is not available. In addition, annual compliance 
tests have been instated.
    The bag leak detection requirement for positive pressure baghouses 
has been changed. Positive pressure baghouses equipped with stacks now 
must meet the same bag leak detection system requirements as negative 
pressure baghouses. None of the affected secondary lead smelters 
currently operate any positive pressure baghouses without stacks, nor 
are any expected to install such systems. Therefore positive pressure 
baghouses without stacks are not addressed in the rule.
    Facilities that have equipped their baghouses with HEPA filters as 
a secondary filter to control emissions escaping the baghouse primary 
filter are exempted from the bag leak detection requirements. However, 
the facility must monitor the pressure drop across the HEPA filter, and 
if the pressure drop falls outside of the limit(s) specified by the 
filter manufacturer, the owner must take appropriate corrective 
measures. Baghouses that are used to control emissions from total 
enclosures used to comply with the fugitive dust standards 
(Sec. 63.545) are also exempted from the bag leak detection 
requirements.
5. Notification Requirements
    The submittal date for the fugitive dust control SOP and the SOP 
for baghouses has been extended by 30 days from June 23, 1997, to July 
23, 1997. This extension is being made to allow owners and operators 
adequate time to incorporate the changes being made in this revision 
into their SOP manuals.

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

    The final standards, as amended, will reduce total nationwide 
emissions of both metal HAP's and organic HAP's from secondary lead 
smelters by 1,230 megagrams per year (Mg/yr) (1,356 tons/yr). These 
reductions include 53 Mg/yr (58 tons/yr) of metal HAP's and 1,176 Mg/yr 
(1,296 tons/yr) of organic HAP's. The organic HAP emission reduction 
estimate has been reduced since promulgation by 54 Mg/yr (60 tons/yr). 
This change is due to two facilities no longer meeting the definition 
of a facility with a collocated blast furnace and reverberatory 
furnace. The amendments made in today's action do

[[Page 32213]]

not significantly change the cost and economic impacts of the final 
rule.

III. Public Participation

    Following promulgation, the EPA received three petitions for 
reconsideration from representatives of secondary lead smelters (Docket 
ID Nos. IV-D-48, IV-D-49, and IV-D-50). The EPA met with the 
petitioners to discuss the comments contained in the petitions. 
Following the meeting, the petitioners provided the EPA with additional 
information to support the comments made in the petitions (Docket ID 
Nos. IV-D-51, and IV-D-52).

IV. Significant Public Comments and Responses

    The EPA received three petitions to reconsider from owners and 
operators of secondary lead smelters and industry trade associations. 
Two of the three petitions contained multiple comments. A document that 
summarizes the comments and arguments advanced in the petitions, and 
the EPA responses, was prepared. The document, entitled ``Summary of 
Petition Comments on Promulgated Rule and EPA Responses, Secondary Lead 
Smelting NESHAP'', may be found in the docket (Docket ID No. V-B-2). It 
serves as the basis for the revisions that have been made to the 
standard since promulgation. This section contains a detailed 
discussion of the significant comments contained in the petitions and 
the EPA's responses. Significant comments and new information were 
received on four topics: the definition of collocated blast and 
reverberatory furnaces, test methods for determining hood face and 
doorway air velocities, minimum baghouse SOP requirements, and bag leak 
detection system specifications and requirements.

A. Definition of Collocated Blast Furnace and Reverberatory Furnaces

    Comment: Two petitioners (Docket ID Nos. IV-D-49, and IV-D-50) 
requested reconsideration of the THC limit for collocated blast 
furnaces and reverberatory furnaces. One petitioner (Docket ID No. IV-
D-49) indicated that their blast furnace was originally designed as a 
primary lead blast furnace, and as such, had an exhaust rate 10 times 
higher than typical secondary lead blast furnaces. The high blast 
furnace exhaust rate compared to their low reverberatory exhaust rate 
made commingling technically and economically infeasible. The petition 
supplied information to support the claim.
    The second petitioner (Docket ID No. IV-D-50) pointed out that the 
term ``collocated'' was not defined, and argued that smelter 
configurations very dramatically. They identified one facility that 
would have difficulty meeting the requirements since they had two blast 
furnaces and only one reverberatory furnace. Upon request, the 
petitioner supplied the exhaust flowrates for the two blast furnaces 
(25,300 scfm, total) and the reverberatory furnace (8,800 scfm) (Docket 
ID No. IV-D-52).
    Response: The EPA reviewed the requests and the additional 
information provided by the petitioners. The EPA evaluated the 
differences in furnace exhaust rates for facilities with blast and 
reverberatory furnaces (Docket ID No. II-B-36). Information on the 
exhaust rates was obtained for all eight of the existing facilities 
with both blast and reverberatory furnaces. On reviewing the 
information, two groupings of facilities were evident. Six of the 
facilities had blast furnace exhaust rates which were less than roughly 
half that of the reverberatory exhaust rate. In contrast, two 
facilities had blast furnace exhaust rates which are more than 150 
percent of the reverberatory exhaust rate. These two facilities, Doe 
Run, Missouri; and Schuylkill, Louisiana, are the facilities 
represented in the petitions.
    Commingling of the exhaust gases is the basis for the collocated 
blast furnace and reverberatory furnace THC emission limit. The 
principle of commingling the exhaust gases is based on a large hot 
(2000+ degree Fahrenheit) reverberatory furnace exhaust acting as the 
principle heat source to incinerate any organics in the smaller cooler 
(roughly 200  deg.F) blast furnace exhaust. Clearly this condition is 
not met at the two facilities represented in the petitions. As such, it 
is unlikely that these two facilities would be able to achieve the THC 
standard for collocated blast furnaces and reverberatory furnaces by 
commingling, nor is it likely that they could achieve the standard 
through the use of afterburners.
    To correct this situation, the EPA is adding the following 
definition of collocated blast furnace and reverberatory furnace to the 
final rule:

    ``Collocated blast furnace and reverberatory furnace means 
operation at the same location of a blast furnace and a 
reverberatory furnace with the volumetric flow rate discharged from 
the blast furnace equal to or less than that discharged from the 
reverberatory furnace.''

    Under this definition, the two facilities represented in the 
petition would not be classified as having a collocated blast furnace 
and reverberatory furnace. As such, their blast furnaces would be 
subject to the blast furnace THC limit of 360 ppmv as propane rather 
than the 20 ppmv limit for collocated furnaces.

B. Test Methods for Determining Hood Face and Doorway Air Velocities

    Comment: One petitioner (Docket ID No. IV-D-50) objected to the 
requirements in the rule for demonstrating compliance with the hood 
face air velocity standard. Specifically, the petitioner objected to 
the requirement that all access doors to a hood be open when measuring 
hood face velocity. The petitioner noted that at least one smelter has 
a charging hood with two doors to allow charging from either direction, 
but only one is open at any one time. In addition, the petitioner 
pointed out that some of the doors are used solely for the purpose of 
allowing periodic access for maintenance and other necessary 
activities. The petitioner argues that the requirement may render 
compliance with the face velocity standard impossible for certain 
operators, and does so unnecessarily because it does not reflect normal 
operations.
    Response: The intent of the requirements is to ensure that adequate 
capture velocities are maintained during normal operating conditions. 
The EPA did not intend to require compliance demonstrations during 
artificial ``worst case'' operating conditions. As such, the EPA is 
revising Sec. 63.547(d) to clarify the rule's intent.
    Each access door and opening open during normal operation shall be 
tested. When a given access door is being tested, all other access 
doors shall be in the position they would be in during normal 
operation.
    Comment: Two petitioners commented on the requirements for 
demonstrating compliance with the doorway air velocity standard for 
total enclosures. One petitioner (Docket ID No. IV-D-50) noted that the 
requirement could be read to mean that all doors that might be open 
during normal operation be open simultaneously during testing, 
regardless of whether such conditions occur during normal operations. A 
second petitioner (Docket ID No. IV-D-48) also commented that the rule 
was ambiguous on where and how the compliance with the air velocity 
requirement is to be measured. The petitioner also noted concern about 
the acheivability of the 250 feet per minute air velocity requirement. 
Both petitioners noted that requirements on doorway air velocities were 
not contained in the proposed rule, and that the industry did not have 
an

[[Page 32214]]

opportunity to comment on the requirements.
    Response: The EPA's intent was to require adequate ventilation to 
ensure air flow into the building at all doorways during normal 
operation conditions. Upon further consideration, the EPA believes that 
the 250 foot per minute doorway velocity requirement is excessive for 
this purpose, and would result in undue burden to the industry. As 
such, the EPA is revising the requirement. As revised, a facility must 
ventilate the building to a rate that ensures air flow is into the 
building at all doorways that would be open during normal operation. 
Two alternative methods are provided for demonstrating compliance. 
Owners and operators can choose to demonstrate in-draft at each door 
using a vane anemometer, or may install a pressure gauge on the leeward 
wall to demonstrate that the building is maintained at a lower than 
ambient pressure.

C. Minimum Baghouse SOP Requirements

    Comment: One petitioner (Docket ID No. IV-D-50) commented on the 
minimum requirements for the baghouse inspection and maintenance SOP. 
While agreeing that an appropriate inspection and maintenance program 
is critical to monitoring performance, they argued that the minimum 
requirements set forth by the rule were unrealistic and unnecessary in 
some cases. The petitioner indicated that the EPA underestimated the 
labor required to satisfy the minimum requirements. The petitioner also 
argued that frequent baghouse inspections would result in increased 
fugitive emissions (due to wear on door seals) and worker exposure.
    Response: The EPA has reviewed the minimum requirements for the 
baghouse inspection and maintenance SOP, and the labor estimates 
provided by the petitioners. The labor estimates to complete the 
minimum inspection requirements are significantly higher than 
previously estimated. The EPA has revised Sec. 63.548(c) to reflect a 
more realistic schedule. In addition, several of the requirements have 
been reworded to allow for alternatives to visual inspections where 
appropriate. The revised requirements, which still include continuous 
bag leak detection, will reduce the labor burden associated with 
baghouse inspections while still providing adequate protection of the 
environment.

D. Bag Leak Detection System Specifications and Requirements

    Comment: Two petitioners (Docket ID No. IV-D-48, and IV-D-50) 
commented on the rules requirement that a compliance test be performed 
after any adjustments to the required bag leak detectors are made. One 
petitioner (Docket ID No. IV-D-48) stated that this requirement does 
not reflect the realities of normal operations and, as such, may cause 
unacceptable difficulties in practice. They further stated that all 
measurement instruments require calibration on a routine basis, with 
the calibration interval dependent upon the instrument's sensitivity 
and detection requirements. Without such sensitivity adjustments, the 
presence of drift may cause the system to operate improperly. The 
second petitioner (Docket ID No. IV-D-50) echoed the need for periodic 
adjustments to account for drift. They also commented that the 
requirement tying the adjustment to compliance testing ignores the 
actual operation of bag leak detectors. Because there is no set 
relationship between the particulate emissions, as measured by the 
unit, and lead emission levels, the bag leak detector is not a monitor 
of lead emissions. Rather, its purpose is to reveal bag leaks.
    Response: Upon further consideration, the EPA agrees that periodic 
adjustment of the bag leak detector system may be necessary, and that 
adjustment of the bag leak detector should not be tied to compliance 
demonstrations. The intended use of the bag leak detector was as a 
process monitor, able to identify upset conditions in the baghouse 
operation. The EPA is concerned however, that unrestricted adjustment 
of the bag leak detector could result in improper use, possibly 
resulting in the alarm and sensitivity settings being set such that 
leaks or malfunctions could occur undetected. As such, the EPA has 
revised the bag leak system adjustment requirements to: (1) delink bag 
leak detector adjustment and compliance testing, (2) allow for routine 
minor adjustments to the detector system, (3) require owners and 
operators to identify in their baghouse SOP all routine adjustments 
expected, and (4) require that owners and operators perform a complete 
baghouse inspection to ensure proper operation of the baghouse prior to 
any significant adjustments to the sensitivity or range.
    In addition, a requirement for annual compliance testing has been 
instated. Instating annual compliance testing should not result in a 
significant increase in compliance testing costs over those imposed in 
the promulgated rule. The EPA assumed that facilities would wish to 
adjust bag leak detection settings at least once a year, which as 
written, would have triggered compliance testing.
    Comment: One petitioner (Docket ID No. IV-D-48) argued that the bag 
leak detection system detection capability requirement is too 
restrictive. Section 63.548(e)(1) requires that the bag detection 
system be able to detect emissions of particulate matter at 1.0 
milligram per actual cubic meter or less. The petitioner argues that, 
since the bag leak detector system monitors PM rather than lead, the 
specification does not correlate to the emission limit in the rule. 
They also argue that the specification is unnecessary to ensure that a 
bag leak detection system is capable of detecting tears and/or leaks in 
baghouse bags. Furthermore, the petitioner noted concern that the 
specification is based on information provided by only one manufacturer 
of one type of bag leak detector.
    Response: The EPA did not intend to tie the bag leak detector 
detection capability to the lead limit. The intent of the requirement 
was to set a minimum detection capability to ensure a minimum quality 
and capability of the detection systems to be used. Bag leak detection 
systems were being used at several secondary lead smelters. The 
detection capability was set based on what was believed to be the 
detection capability of the systems already being used at these 
smelters. Upon further review it was determined that the 1.0 milligram 
per actual cubic meter detection capability was actually the capability 
of the most sensitive bag leak detectors available, and was not 
representative of the bag leak detectors already in use at secondary 
lead smelters. The EPA is increasing the detection capability to 10 
milligram per actual cubic meter which is more representative of the 
existing bag leak detectors, and still meets the EPA's purpose of 
ensuring systems capable of detecting baghouse upset conditions.
    Comment: One petitioner (Docket ID No. IV-D-48) commented that some 
baghouses are equipped with HEPA filters. The petitioner believes that 
it is unnecessary and impractical to require bag leak detection systems 
for these units, and that requiring visual inspections of the HEPA 
units and review of operating readouts in accordance with an approved 
SOP is fully protective of human health and the environment.
    Response: The EPA acknowledges that some baghouses are equipped 
with HEPA filters which act as a secondary

[[Page 32215]]

filter, and that these secondary filters may provide improved 
protection from bag leaks. The EPA also agrees that the use of a bag 
leak detector on such a system would likely provide little if any 
additional protection over proper inspection and monitoring of 
operating parameters (such as pressure drop). As such, the EPA is 
adding Sec. 63.548(g) to exempt baghouses equipped with secondary HEPA 
filters from the bag leak detection requirement and add alternative 
monitoring requirements for these systems.
    Comment: One commenter (Docket ID No. IV-D-50) argued that the 
requirement for bag leak detectors on all baghouses for process, 
process fugitive, and fugitive emissions is excessive. They contend 
that there are applications, particularly baghouses used to control 
particulate from building ventilation, in which units will not function 
due to the nature of the particulate.
    Response: Upon further review, the EPA agrees that bag leak 
detectors will provide little to no useful information on baghouses 
used to control fugitive dust emissions from building ventilation. This 
is due to the low inlet loadings associated with these systems. As 
such, the EPA is adding Sec. 63.548(h) to exempt baghouses used to 
control fugitive dust emissions from the bag leak detection 
requirement. Owners and operators are still required to develop and 
adhere to a SOP for the operation and maintenance of these baghouses 
that meets the minimum requirements specified in Sec. 63.548(c).

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.
    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.

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.
    This amendment reduces the costs of complying with the final rule, 
it will not increase expenditures by State, local, and tribal 
governments or the private sector. Therefore, 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.

D. Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C 3501 et seq., the 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.

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. EPA has 
determined that it is not necessary to prepare a regulatory flexibility 
analysis in connection with this final rule. EPA has also determined 
that this rule will not have a significant economic impact on a 
substantial number of small entities. This amendment will not result in 
increased economic impacts to small entities, and will result in 
reduced impacts in all cases.

F. 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, the 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. This amendment is not a ``major rule'' as defined by 
5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements, Secondary lead 
smelters.

    Dated: June 4, 1997.
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:

[[Page 32216]]

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 subpart X is revised to read as follows:

Subpart X--National Emission Standards for Hazardous Air Pollutants 
from Secondary Lead Smelting

Secs.
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.

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 an instrument that is capable of 
monitoring particulate matter (dust) loadings in the exhaust of a 
baghouse in order to detect bag failures. A bag leak detection system 
includes, but is not limited to, an instrument that operates on 
triboelectric, light scattering, transmittance or other effect to 
monitor relative particulate matter loadings.
    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.
    Collocated blast furnace and reverberatory furnace means operation 
at the same location of a blast furnace and a reverberatory furnace 
with the volumetric flow rate discharged from the blast furnace being 
at equal to or less than that discharged from the reverberatory 
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.
    High efficiency particulate air (HEPA) filter means a filter that 
has been certified by the manufacturer to remove 99.97 percent of all 
particles 0.3 micrometers and larger.
    Lead alloy means an alloy in which the predominant component is 
lead.
    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, reverberatory furnace slag, flue 
dust, and dross) are stored or handled between process steps including, 
but not limited to, areas in

[[Page 32217]]

which materials are stored in piles, bins, or tubs, and areas in which 
material is prepared for charging to a smelting furnace. Materials 
storage and handling area does not include areas used exclusively for 
storage of blast furnace slag.
    Partial enclosure means a structure comprised of walls or 
partitions on at least three sides or three-quarters of the perimeter 
surrounding stored materials or process equipment 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  deg.C) 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  deg.C) 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 or lead alloys by smelting.
    Smelting means the chemical reduction of lead compounds to 
elemental lead or lead alloys through processing in high-temperature 
(greater than 980  deg.C) furnaces including, but not limited to, blast 
furnaces, reverberatory furnaces, rotary furnaces, and electric 
furnaces.
    Total enclosure means a roofed and walled structure with limited 
openings to allow access and egress for people and vehicles that meets 
the requirements of 40 CFR 265.1101(a)(1), (a)(2)(i), and (c)(1)(i).
    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 
furnace 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 furnace 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) Except as provided in paragraph (i) of this section, following 
the initial test to demonstrate compliance with paragraph (a) of this 
section, the owner or operator of a secondary lead smelter shall 
conduct a compliance test for lead compounds on an annual basis (no 
later than 12 calendar months following the previous compliance test).

[[Page 32218]]

    (i) If a compliance test demonstrates a source emitted lead 
compounds at 1.0 milligram of lead per dry standard cubic meter 
(0.00044 grains of lead per dry standard cubic foot) or less during the 
time of the compliance test, the owner or operator of a secondary lead 
smelter shall be allowed up to 24 calendar months from the previous 
compliance test to conduct the next annual compliance test for lead 
compounds.
    (j) The standards for process sources are summarized in table 2.

                               Table 2.--Summary of Standards for Process Sources                               
----------------------------------------------------------------------------------------------------------------
                                     Lead compounds                                                             
                                       (milligrams                                                              
       Furnace configuration             per dry       Total hydrocarbons                 Citation              
                                     standard cubic                                                             
                                         meter)                                                                 
----------------------------------------------------------------------------------------------------------------
Collocated blast furnace and                                                                                    
 reverberatory furnace:                                                                                         
    When both furnaces operating...             2.0  20 parts per million   Sec.  63.543(a),(c).                
                                                      by volume\1\.                                             
    When reverberatory furnace not              2.0  360 parts per million  Sec.  63.543(a),(c)(1).             
     operating.                                       by volume\1\                                              
                                                      (existing).                                               
                                     ..............  70 parts per million   Sec.  63.543(a),(c)(2).             
                                                      by volume\1\                                              
                                                      (new)\2\.                                                 
Blast..............................             2.0  360 parts per million  Sec.  63.543(a),(d).                
                                                      by volume\1\                                              
                                                      (existing).                                               
                                     ..............  70 parts per million   Sec.  63.543(e).                    
                                                      by volume\1\                                              
                                                      (new)\2\.                                                 
                                     ..............  0.20 kilograms per     Sec.  63.543(g).                    
                                                      hour\3\.                                                  
Reverberatory, rotary, and electric             2.0  Not applicable.......  Sec.  63.543(a).                    
----------------------------------------------------------------------------------------------------------------
\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 in accordance with the equipment 
and operational standards presented in paragraphs (b) and (c) of this 
section.
    (1) Smelting furnace and dryer charging hoppers, chutes, and skip 
hoists;
    (2) Smelting furnace lead taps, and molds during tapping;
    (3) Smelting furnace slag taps, and molds during tapping;
    (4) Refining kettles;
    (5) Dryer transition pieces; and
    (6) Agglomerating furnace product taps.
    (b) Process fugitive emission sources shall be equipped with an 
enclosure hood meeting the requirements of paragraphs (b)(1), (b)(2), 
or (b)(3) of this section, or be located in a total enclosure subject 
to general ventilation that maintains the building at a lower than 
ambient pressure to ensure in-draft through any doorway opening.
    (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) Ventilation air from all enclosures hoods and total enclosures 
shall be conveyed to a control device. Gases discharged to the 
atmosphere from these control devices shall not 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) Except as provided in paragraph (f) of this section, following 
the date of the initial test to demonstrate compliance with paragraphs 
(c) and (d) of this section, the owner or operator of a secondary lead 
smelter shall conduct a compliance test for lead compounds on an annual 
basis (no later than 12 calendar months following the previous 
compliance test).
    (f) If a compliance test demonstrates a source emitted lead 
compounds at 1.0 milligram of lead per dry standard cubic meter 
(0.00044 grains of lead per dry standard cubic foot) or less during the 
time of the compliance test, the owner or operator of a secondary lead 
smelter shall be allowed up to 24 calendar months from the previous 
compliance test to conduct the next annual compliance test for lead 
compounds.
    (g) 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 hood or                                       
                                       emission limit      doorway face                                         
      Fugitive emission source        (milligrams per   velocity (meters/                 Citation              
                                        dry standard         minute)                                            
                                        cubic meter)                                                            
----------------------------------------------------------------------------------------------------------------
          Control Option I                                                                                      
                                                                                                                
Smelting furnace and dryer charging                2.0             \1\ 90  Sec.  63.544 (b), (c).               
 hoppers, chutes, and skip hoists.                                                                              
Smelting furnace lead taps and                     2.0             \1\ 90  Sec.  63.544 (b), (c).               
 molds during tapping.                                                                                          

[[Page 32219]]

                                                                                                                
Smelting furnace slag taps and                     2.0             \1\ 90  Sec.  63.544 (b), (c).               
 molds during tapping.                                                                                          
Refining kettles...................                2.0             \1\ 75  Sec.  63.544 (b), (c).               
Dryer transition pieces............                2.0            \1\ 110  Sec.  63.544 (b), (c).               
Agglomerating furnace process vents                2.0             \1\ 90  Sec.  63.544 (b), (c).               
 and product taps.                                                                                              
                                                                                                                
         Control Option II                                                                                      
                                                                                                                
Enclosed building ventilated to a                  2.0  .................  Sec.  63.544 (b), (c).               
 control device.                                                                                                
                                                                                                                
 Applicable to Both Control Options                                                                             
                                                                                                                
Dryer and agglomerating furnace                    2.0  .................  Sec.  63.544(d).                     
 emission vents.                                                                                                
----------------------------------------------------------------------------------------------------------------
\1\ Enclosure hood face velocity applicable to those process fugitive sources not located in an enclosed        
  building ventilated to a control device.                                                                      

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.
    (3) Furnace area--partial enclosure and pavement cleaning twice per 
day; or total enclosure 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 and ventilation of the 
enclosure to a control device.
    (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 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 December 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 13, 
1997 or upon startup of operations, whichever is later.


Sec. 63.547  Test methods.

    (a) The following test methods in appendix A of part 60 listed 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 (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).

[[Page 32220]]

    (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 equation (1).
[GRAPHIC] [TIFF OMITTED] TR13JN97.000

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) for process fugitive enclosure hoods shall be determined 
by the following test methods in paragraphs (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 position they are in 
during normal operating conditions.
    (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)(v) 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) The measurement range of the anemometer shall extend to at 
least 300 meters per minute (1,000 feet per minute).
    (iv) A known relationship shall exist between the anemometer signal 
output and air velocity, and the anemometer must be equipped with a 
suitable readout system.
    (v) Hood face velocity shall be determined for each hood open 
during normal operation by placing the anemometer in the plane of the 
hood opening. Access doors shall be positioned consistent with normal 
operation.
    (e) Owners and operators shall determine compliance with the 
doorway in-draft requirement for enclosed buildings in Sec. 63.544(b) 
using the procedures in paragraphs (e)(1) or (e)(2) of this section.
    (1)(i) Owners and operators shall use a propeller anemometer or 
equivalent device meeting the requirements of paragraphs (d)(2)(ii) 
through (d)(2)(iv) of this section.
    (ii) Doorway in-draft shall be determined by placing the anemometer 
in the plane of the doorway opening near its center.
    (iii) Doorway in-draft shall be demonstrated for each doorway that 
is open during normal operation with all remaining doorways in the 
position they are in during normal operation.
    (2)(i) Owners and operators shall install a differential pressure 
gage on the leeward wall of the building to measure the pressure 
difference between the inside and outside of the building.
    (ii) The pressure gage shall be certified by the manufacturer to be 
capable of measuring pressure differential in the range of 0.02 to 0.2 
mm Hg.
    (iii) Both the inside and outside taps shall be shielded to reduce 
the effects of wind.
    (iv) Owners and operators shall demonstrate the inside of the 
building is maintained at a negative pressure as compared to the 
outside of the building of no less than 0.02 mm Hg when all doors are 
in the position they are in during normal operation.


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)(9) of this 
section.
    (1) Daily monitoring of pressure drop across each baghouse cell.
    (2) Weekly confirmation that dust is being removed from hoppers 
through visual inspection, or equivalent means of ensuring the proper 
functioning of removal mechanisms.
    (3) Daily check of compressed air supply for pulse-jet baghouses.
    (4) An appropriate methodology for monitoring cleaning cycles to 
ensure proper operation.
    (5) Monthly check of bag cleaning mechanisms for proper functioning 
through visual inspection or equivalent means.
    (6) Monthly check of bag tension on reverse air and shaker-type 
baghouses. Such checks are not required for shaker-type baghouses using 
self-tensioning (spring loaded) devices.
    (7) Quarterly confirmation of the physical integrity of the 
baghouse through visual inspection of the baghouse interior for air 
leaks.
    (8) Quarterly inspection of fans for wear, material buildup, and 
corrosion

[[Page 32221]]

through visual inspection, vibration detectors, or equivalent means.
    (9) Except as provided in paragraphs (g) and (h) of this section, 
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 (a)(9) of 
this section, shall meet the specifications and requirements of 
paragraphs (e)(1) through (e)(8) of this section.
    (1) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligram per actual cubic meter (0.0044 grains 
per actual cubic foot) or less.
    (2) The bag leak detection system sensor must provide output of 
relative particulate matter loadings.
    (3) The bag leak detection system must be equipped with an alarm 
system that will alarm when an increase in relative particulate 
loadings is detected over a preset level.
    (4) The bag leak detection system shall be installed and operated 
in a manner consistent with available written guidance from the U.S. 
Environmental Protection Agency or, in the absence of such written 
guidance, the manufacturer's written specifications and recommendations 
for installation, operation, and adjustment of the system.
    (5) The initial adjustment of the system shall, at a minimum, 
consist of establishing the baseline output by adjusting the 
sensitivity (range) and the averaging period of the device, and 
establishing the alarm set points and the alarm delay time.
    (6) Following initial adjustment, the owner or operator shall not 
adjust the sensitivity or range, averaging period, alarm set points, or 
alarm delay time, except as detailed in the approved SOP required under 
paragraph (a) of this section. In no event shall the sensitivity be 
increased by more than 100 percent or decreased more than 50 percent 
over a 365 day period unless such adjustment follows a complete 
baghouse inspection which demonstrates the baghouse is in good 
operating condition.
    (7) For negative pressure, induced air baghouses, and positive 
pressure baghouses that are discharged to the atmosphere through a 
stack, the bag leak detector must be installed downstream of the 
baghouse and upstream of any wet acid gas scrubber.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (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)(2)(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) Baghouses equipped with HEPA filters as a secondary filter used 
to control process, process fugitive, or fugitive dust emissions from 
any source subject to the lead emission standards in Sec. 63.543, 
63.544, or 63.545 are exempt from the requirement in Sec. 63.548(c)(9) 
of this section to be equipped with a bag leak detector. The owner or 
operator of an affected source that uses a HEPA filter shall monitor 
and record the pressure drop across the HEPA filter system daily. If 
the pressure drop is outside the limit(s) specified by the filter 
manufacturer, the owner or operator must take appropriate corrective 
measures, which may include but not be limited to those given in 
paragraphs (g)(1) through (g)(4) of this section.
    (1) Inspecting the filter and filter housing for air leaks and torn 
or broken filters.
    (2) Replacing defective filter media, or otherwise repairing the 
control device.
    (3) Sealing off a defective control device by routing air to other 
control devices.
    (4) Shutting down the process producing the particulate emissions.
    (h) Baghouses that are used exclusively for the control of fugitive 
dust emissions from any source subject to the lead emissions standard 
in Sec. 63.545 are exempt from the requirement in Sec. 63.548(c)(9) of 
this section to be equipped with a bag leak detector.
    (i) 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(c) and (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.
    (j) The owner or operator of a blast furnace or collocated blast 
furnace and reverberatory furnace subject to the total hydrocarbon 
standards in Sec. 63.543 (c), (d), or (e), must comply with the 
requirements of either paragraph (j)(1) or (j)(2) of this section, to 
demonstrate continuous compliance with the total hydrocarbon emission 
standards.
    (1) Continuous Temperature Monitoring. (i) The owner or operator of 
a blast furnace or a collocated blast furnace and reverberatory 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) Prior to or in conjunction with the initial compliance test to 
determine compliance with Sec. 63.543 (c), (d), or (e), the owner or 
operator shall conduct a performance evaluation for the temperature 
monitoring device according to Sec. 63.8(e) of the General Provisions. 
The definitions, installation specifications, test procedures, and data 
reduction procedures for determining calibration drift, relative 
accuracy, and reporting described in Performance Specification 2, 40 
CFR Part 60, Appendix B, Sections 2, 3, 5, 7, 8, 9, and

[[Page 32222]]

10 shall be used to conduct the evaluation. The temperature monitoring 
device shall meet the following performance and equipment 
specifications:
    (A) The recorder response range must include zero and 1.5 times the 
average temperature identified in paragraph (j)(1)(iii) of this 
section.
    (B) The monitoring system calibration drift shall not exceed 2 
percent of 1.5 times the average temperature identified in paragraph 
(j)(1)(iii) of this section.
    (C) The monitoring system relative accuracy shall not exceed 20 
percent.
    (D) The reference method shall be an National Institute of 
Standards and Technology calibrated reference thermocouple-
potentiometer system or an alternate reference, subject to the approval 
of the Administrator.
    (iii) The owner or operator of a blast furnace or a collocated 
blast furnace and reverberatory 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.
    (iv) 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 (j)(1)(iii) 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 (j)(1)(iii) 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) Prior to or in conjunction with the initial compliance test to 
determine compliance with Sec. 63.543 (c), (d), or (e), the owner or 
operator shall conduct a performance evaluation for the total 
hydrocarbon continuous monitoring system according to Sec. 63.8(e) of 
the General Provisions. The monitor shall meet the performance 
specifications of Performance Specification 8, 40 CFR Part 60, Appendix 
B.
    (iii) 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 these plans and procedures. Owners or 
operators of existing secondary lead smelters shall submit this 
notification no later than July 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 13, 1997. An affected source that has 
received a construction permit from the Administrator or delegated 
authority on or before June 23, 1995, shall submit this notification no 
later than July 23, 1997.


Sec. 63.550  Recordkeeping and reporting requirements.

    (a) The owner or operator of a secondary lead smelter shall comply 
with all of the recordkeeping requirements under Sec. 63.10 of the 
General Provisions. In addition, 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)(6) of this section.
    (1) An identification of the date and time of all bag leak 
detection system alarms, their cause, and an explanation of the 
corrective actions taken.
    (2) 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(j)(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(j)(1), and an explanation of the corrective actions taken.
    (3) 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(j)(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.
    (4) 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.
    (5) Any recordkeeping required as part of the practices described 
in the standard operating procedures manual for baghouses required 
under Sec. 63.548(a).
    (6) 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) In addition to the information required under Sec. 63.10 of the 
General Provisions, 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 reports shall include records of all alarms from the bag 
leak detection system specified in Sec. 63.548(e).
    (2) The reports 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 reports 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(j)(1) fell below the level established in 
Sec. 63.548(j)(1).

[[Page 32223]]

    (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(j)(2) exceeds the 
relevant limits established in Sec. 63.543 (c), (d), and (e).
    (4) The reports 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 procedures were not followed and 
the corrective actions taken.
    (5) The reports 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(i), and an explanation of the corrective actions taken.
    (6) The reports 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. 97-15570 Filed 6-12-97; 8:45 am]
BILLING CODE 6560-50-P