### 32209 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

complete submittal as to each of the SIP elements for which these findings are made. In addition, EPA will not promulgate a FIP if the state makes the required SIP submittal and EPA takes final action to approve the submittal within two years of EPA’s finding.

II. Final Action

A. Rule

Today, EPA is making a finding of failure to submit an attainment plan for the Medford-Ashland, Oregon, PM–10 nonattainment area. Specifically, EPA is making a finding that Oregon has not submitted a plan satisfying the requirement under section 189(a)(2)(A) of the Act. This section requires that each state submit a plan that includes certain provisions required under section 189(a)(1) within one year of the
date of enactment of the Clean Air Act Amendments of 1990 (i.e., by November 15, 1991) for areas designated
nonattainment for PM–10 under section 107(d)(4). Other provisions required under section 189(a)(1)(A) were due at a later date (i.e., provisions relating to new source review). See section 189(a)(2)(A).

B. Effective Date Under the
Administrative Procedures Act

The Administrative Procedures Act (APA) applies to this rulemaking action. Under the APA, 5 U.S.C. 553(d)(3), agency rulemaking may take effect sooner than 30 days after the date of publication in the Federal Register if the agency has good cause to mandate an earlier effective date. Today’s action
concerns a SIP submission that is already overdue. On February 11, 1997,
EPA notified the state that EPA was considering the action it is taking today. Consequently, the state has been on notice for some time that today’s action was pending. In addition, today’s action simply starts a ‘‘clock’’ that will not result in sanctions against the state for 18 months, and that the state may ‘‘turn off’’ through the submission of a complete SIP submittal. These reasons support establishing an effective date that is earlier than 30 days after the date of publication. Therefore, today’s action will be effective June 13, 1997.

C. Notice-and-Comment Under the
Administrative Procedures Act

This rule is a final agency action, butis not subject to the notice-andcomment requirements of the APA, 5 U.S.C. 553(b). EPA believes that, because of the limited time provided to make findings of failure to submit and findings of incompleteness regarding
SIP submissions or elements of SIP submission requirements, Congress did not intend such findings to be subject to notice-and-comment rulemaking. However, to the extent such findings are subject to notice-and-comment rulemaking, EPA invokes the good cause exception pursuant to the APA, 5 U.S.C. 553(b)(3)(B). Notice-and-comment are unnecessary because no EPA judgment is involved in making a nonsubstantive finding of failure to submit elements of SIP submissions required by the CleanAir Act. Furthermore, providing noticeand-comment would be impracticable because of the limited time provided under the statute for making suchdeterminations. Finally, notice-andcomment would be contrary to the public interest because it would divert agency resources from the critical substantive review of complete SIPs. See 58 FR 51270, 51272, n.17 (Oct. 1, 1993); 59 FR 39832, 39853 (Aug. 4, 1994).

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this regulatory
action from Executive Order 12866

review.

B. Unfunded Mandates

Under Section 202 of the Unfunded
Mandates Reform Act of 1995 (‘‘Unfunded Mandates Act’’), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule
that includes a Federal mandate that may result in estimated costs to state, local, or tribal governments in the aggregate, or to the private sector, of $100 million or more. Under Section205, EPA must select the most costeffective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted on by the rule.

EPA has determined that today’s
action is not a Federal mandate. The various CAA provisions discussed in this rule require the state to submit SIPs. This rule merely provides a finding that
the state did not meet those requirements. This rule does not, by itself, require any particular action by the state, local, or tribal government; or by the private sector.

For the same reasons, EPA has
determined that this rule contains no regulatory requirements that might significantly or uniquely affect small
governments. C. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 600 et seq. , EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities of any rule subject to the notice-and-comment rulemaking requirements. Because this action is exempt from such requirements as described above, it is not subject to the RFA.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. section 801(a)(1)(A) as added by the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA), 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 rule is not a ‘‘major rule’’ as defined by 5 U.S.C. section 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the appropriate circuit by August 12, 1997. Filing a petition for reconsideration by
the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See CAA section 307(b)(2), 42 U.S.C. 7607(b)(2))

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Particulate matter.

Dated: May 8, 1997.

Chuck Clarke, Regional Administrator.

[FR Doc. 97–15566 Filed 6–12–97; 8:45 am]

BILLING CODE 6560–50–P

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).

### 32210 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

ACTION : Direct final rule: Amendments
to rule.

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

### 32211 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

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 furnaceis based on commingling the highvolume, high-temperature (approximately 1000 °C) reverberatoryexhaust with the low-volume, lowtemperature (approximately 100 °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

### 32212 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

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 § 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 thebuilding at a rate that would ensure indraft 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 (§ 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

### 32213 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

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 °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 § 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

### 32214 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

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 § 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

### 32215 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

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 § 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 § 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 § 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:

### 32216 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

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

§ 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.—G ENERAL 

### P ROVISIONS 

### APPLICABILITY TO 

### S UBPART 

### X

Reference Applies to 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), (g), (i) and (j)

........................................ Yes

. 63.6 (d) and (h)

............................................................................ No

................ No opacity limits in rule.

63.7

.............................................................................................. Yes

. 63.8

.............................................................................................. Yes

. 63.9 (a), (b), (c), (d), (e), (g), (h)(1–3), (h)(5–6), and (j)

............. Yes

. 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

.

§ 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 °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 °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

### 32217 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

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 °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 °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 °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.

§ 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).

### 32218 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

(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.—S UMMARY OF 

### STANDARDS FOR 

### P ROCESS 

### SOURCES

Furnace configuration Lead compounds (milligrams per dry standard cubic meter) Total hydrocarbons Citation

Collocated blast furnace and reverberatory furnace:

When both furnaces operating

...................... 2.0 20 parts per million by volume 1 ........................... § 63.543(a),(c). When reverberatory furnace not operating

... 2.0 360 parts per million by volume 1 (existing) ......... § 63.543(a),(c)(1).

........................ 70 parts per million by volume 1 (new) 2 ............... § 63.543(a),(c)(2).

Blast

...................................................................... 2.0 360 parts per million by volume 1 (existing) ......... § 63.543(a),(d).

........................ 70 parts per million by volume 1 (new) 2 ............... § 63.543(e).

........................ 0.20 kilograms per hour3 ...................................... § 63.543(g). Reverberatory, rotary, and electric

....................... 2.0 Not applicable ...................................................... § 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.

§ 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.—S UMMARY OF 

### STANDARDS FOR 

### P ROCESS 

### FUGITIVE 

### SOURCES

Fugitive emission source Control device lead compoundemission limit (milligrams per dry standard cubic meter) Enclosed hood ordoorway face velocity (meters/ minute) Citation

Control Option I

Smelting furnace and dryer charging hoppers, chutes, and skip hoists

......... 2.0 1 90 § 63.544 (b), (c). Smelting furnace lead taps and molds during tapping

.................................... 2.0 1 90 § 63.544 (b), (c).

### 32219 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

TABLE 

### 3.—S UMMARY OF 

### STANDARDS FOR 

### P ROCESS 

### FUGITIVE 

### SOURCES

### —Continued

Fugitive emission source Control device lead compoundemission limit (milligrams per dry standard cubic meter) Enclosed hood ordoorway face velocity (meters/ minute) Citation

Smelting furnace slag taps and molds during tapping

.................................... 2.0 1 90 § 63.544 (b), (c). Refining kettles

................................................................................................ 2.0 1 75 § 63.544 (b), (c). Dryer transition pieces

..................................................................................... 2.0 1 110 § 63.544 (b), (c). Agglomerating furnace process vents and product taps

................................. 2.0 1 90 § 63.544 (b), (c).

Control Option II
Enclosed building ventilated to a control device

............................................. 2.0 .............................. § 63.544 (b), (c).

Applicable to Both Control Options
Dryer and agglomerating furnace emission vents

........................................... 2.0 .............................. § 63.544(d).

1 Enclosure hood face velocity applicable to those process fugitive sources not located in an enclosed building ventilated to a control device.

§ 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).

§ 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.

§ 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 §§ 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 § 63.543 (c), (d), (e), and (g):

(1) Method 1 shall be used to select the sampling port location to determine compliance under § 63.543(c), (d), (e), and (g).

(2) Method 2 shall be used to measure
volumetric flow rate to determine compliance under § 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 § 63.543 (c), (d), and (e).

(4) Method 4 shall be used to measure moisture content of the stack gases to determine compliance under § 63.543 (c), (d), (e), and (g).

### 32220 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

(5) Method 25A shall be used to measure total hydrocarbon emissions to determine compliance under § 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 § 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 § 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).



### F
CO

= 4.0 1

2 

### ( )

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 § 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 § 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.

§ 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 §§ 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 shakertype 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

### 32221 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

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 § 63.543, 63.544, or 63.545 are exempt from the requirement in § 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 § 63.545 are exempt from the requirement in § 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 § 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 § 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 § 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 § 63.543 (c), (d), or (e), the owner or operator shall conduct a performance evaluation for the temperature monitoring device according to § 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

### 32222 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

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 °C (50 °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 °C (50 °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 § 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 § 63.543 (c), (d), or (e), the owner or operator shall conduct a performance evaluation for the total hydrocarbon continuous monitoring system according to § 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 § 63.543 shall constitute a violation of the applicable
emission standard for total hydrocarbons under § 63.543 (c), (d), or (e).

§ 63.549 Notification requirements.

(a) The owner or operator of a secondary lead smelter shall comply with all of the notification requirements of § 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 § 63.545(a) and the standard operating procedures manual for baghouses required under § 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.

§ 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 § 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 § 63.543 (c), (d), or (e) by employing the method allowed in § 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 § 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 § 63.543 (c), (d), or (e) by employing the method allowed in § 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 § 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 § 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 § 63.10 of the General Provisions. The submittal of reports shall be no less frequent than specified under § 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 § 63.10(e)(3) until a request to reduce reporting frequency is approved.

(c) In addition to the information required under § 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 § 63.548(e).

(2) The reports shall include a description of the procedures taken following each bag leak detection system alarm pursuant to § 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 § 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 § 63.548(j)(1) fell below the level established in § 63.548(j)(1).

### 32223 Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations

(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 § 63.548(j)(2)
exceeds the relevant limits established in § 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 § 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 § 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 § 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 §§ 63.545(a) and 63.548(a).

[FR Doc. 97–15570 Filed 6–12–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION
AGENCY

40 CFR Part 157

[OPP–250123; FRL–5720–5]

Ant or Roach Insecticide Bait Stations; Exemption From Adult Portion of Child-Resistant Testing Specifications

AGENCY: Environmental Protection Agency (EPA).

ACTION : Rule related notice.

SUMMARY: This document grants a 5– year exemption from the senior-adult test and younger-adult test effectiveness specifications, described in 16 CFR 1700.15(b)(2) (Ease of adult opening), for prefilled, nonrefillable ant or roach insecticide bait stations not designed or intended to be opened or activated in a manner that exposes the contents to human contact. Products qualifying for this exemption must still fully comply with all other child-resistant packaging (CRP) effectiveness, compatibility, and durability standards, as well as all other requirements of 40 CFR part 157. CRP certification for products relying on this exemption must specify that the package does not comply with the senior and younger adult effectiveness specifications per this exemption. This exemption was requested by S.C. Johnson & Son, Inc., which argued that a package that does not require opening or activation to put into use should not require adult ease of opening testing.

DATES: This exemption becomes effective on June 13, 1997 and expires
on June 13, 2002.

FOR FURTHER INFORMATION CONTACT: Rosalind L. Gross, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460,Telephone number: (703) 308-7368, email: gross.rosalind@epamail.epa.gov.

SUPPLEMENTARY INFORMATION : S.C. Johnson & Son, Inc. requested an exemption from the senior-adult test and younger-adult test effectiveness specifications, described in 16 CFR 1700.15(b)(2) (Ease of adult opening), for prefilled, nonrefillable ant or roach
insecticide bait stations that are not designed or intended to be opened or activated in a manner that exposes the
contents to human contact.

I. Background

FIFRA 25(c)(3) requires EPA’s CRP
standards to be consistent with those of the Consumer Product Safety Commission (CPSC). EPA’s CRP regulations at 40 CFR 157.32 require that CRP for pesticides meet the CPSC packaging standards (effectiveness specifications) and testing procedures set forth in 16 CFR 1700.15(b) and
17000.20. The CPSC Poison Prevention Packaging Standards in 16 CFR 1700.15(b) provide that CRP, when tested by the method described in 16CFR 1700.20, shall meet certain childresistant test, senior-adult test, and younger-adult test effectiveness specifications. In 16 CFR 1700.15(b)(2), the senior-adult test and younger-adult test effectiveness specifications are
discussed with reference to the senioradult panel test of 16 CFR 1700.20(a)(3) and the younger-adult panel test of 16 CFR 1700.20(a)(4), respectively.

The EPA CRP regulations provide that exemptions from compliance may be requested on a case-by-case basis for specific products based on technical factors (40 CFR 157.24(b)(3)). The regulations further provide that any such exemption decision will be published in the Federal Register, will be for a specified length of time, and will be applicable to any product with substantially similar composition and
intended uses.

II. Requested Grounds for Exemption

As support for its exemption request, S.C. Johnson & Son, Inc. advanced the following arguments:

The purpose of adult testing is to
ensure that CRP is not difficult for adults to use properly. If CRP is difficult for adults to open, the concern arises that the package may be disabled or left unsecured to eliminate the difficulty of reopening it. Under such circumstances
the contents would be accessible to children. In the case of prefilled,
nonrefillable ant or roach insecticide bait stations not designed or intended to be opened, this concern does not arise.
There is no risk that an adult will
disable or fail to resecure a difficult to open package, because the packages need not be opened or activated in order to function properly. As there is no
concern that an adult will disable or fail to resecure such a package, there is also
no concern that the contents of disabled or unsecured packages will be accessible to children. Instead, from a child safety standpoint, the only relevant question regarding such packages is whether they can prevent a child from gaining access to the bait.

III. Agency Determination

The Agency has considered the S.C. Johnson & Son, Inc. exemption request and the basis therefore and agrees that it is unnecessary to test the ability of a senior-adult or younger-adult to open and properly resecure a package not designed or intended to be opened or
activated. No benefits in terms of improved child safety would be gained by such testing. Therefore, the Agency hereby grants a 5–year exemption from the senior-adult test and younger-adult test effectiveness specifications, described in 16 CFR 1700.15(b)(2) for prefilled, nonrefillable ant or roach insecticide bait stations not designed or intended to be opened or activated in a manner that exposes the contents to human contact. The Agency has authority under 40 CFR 157.24(b)(3) to grant an exemption from any CRP requirement, including the testing requirements, based on technical
considerations.

IV. Exemption

A 5–year exemption is granted from the senior-adult test and younger-adult test effectiveness specifications, described in 16 CFR 1700.15(b)(2), for prefilled, nonrefillable ant or roach insecticide bait stations not designed or