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

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, but

is 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 Clean

Air Act. Furthermore, providing noticeand-comment would be impracticable

because of the limited time provided

under the statute for making such

determinations. 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 Section

205, 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
Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations 32211

and operators must limit THC

emissions, which is a surrogate for all

organic HAP’s, to varying levels

depending on the smelting furnace type.

No THC limits apply to reverberatory,

rotary, and electric furnaces not

collocated with blast furnaces.

Owners and operators of collocated

blast furnaces and reverberatory

furnaces must comply with a THC limit

of 20 parts per million by volume

(ppmv) as propane at 4 percent carbon

dioxide (CO2) when both furnaces are

operating. Less stringent limits apply

when the reverberatory furnace is not

operating. When the reverberatory

furnace is not operating, new blast

furnaces collocated with reverberatory

furnaces must comply with a THC limit

of 70 ppmv, and existing blast furnaces

must comply with a THC limit of 360

ppmv. For the purpose of this rule, a

collocated blast furnace and

reverberatory furnace is defined as

operation at the same site of a

reverberatory furnace and a blast

furnace with the volumetric flow rate

discharged from the reverberatory

furnaces being at least equal to that

discharged from the blast furnaces.

The THC standard for a collocated

blast furnace and reverberatory furnace

is based on commingling the highvolume, high-temperature

(approximately 1000 °C) reverberatory

exhaust 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 the

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

not significantly change the cost and

economic impacts of the final rule.

III. Public Participation

Following promulgation, the EPA

received three petitions for

reconsideration from representatives of

secondary lead smelters (Docket ID Nos.

IV–D–48, IV–D–49, and IV–D–50). The

EPA met with the petitioners to discuss

the comments contained in the

petitions. Following the meeting, the

petitioners provided the EPA with

additional information to support the

comments made in the petitions (Docket

ID Nos. IV–D–51, and IV–D–52).

IV. Significant Public Comments and

Responses

The EPA received three petitions to

reconsider from owners and operators of

secondary lead smelters and industry

trade associations. Two of the three

petitions contained multiple comments.

A document that summarizes the

comments and arguments advanced in

the petitions, and the EPA responses,

was prepared. The document, entitled

‘‘Summary of Petition Comments on

Promulgated Rule and EPA Responses,

Secondary Lead Smelting NESHAP’’,

may be found in the docket (Docket ID

No. V–B–2). It serves as the basis for the

revisions that have been made to the

standard since promulgation. This

section contains a detailed discussion of

the significant comments contained in

the petitions and the EPA’s responses.

Significant comments and new

information were received on four

topics: the definition of collocated blast

and reverberatory furnaces, test methods

for determining hood face and doorway

air velocities, minimum baghouse SOP

requirements, and bag leak detection

system specifications and requirements.

A. Definition of Collocated Blast

Furnace and Reverberatory Furnaces

Comment: Two petitioners (Docket ID

Nos. IV–D–49, and IV–D–50) requested

reconsideration of the THC limit for

collocated blast furnaces and

reverberatory furnaces. One petitioner

(Docket ID No. IV–D–49) indicated that

their blast furnace was originally

designed as a primary lead blast

furnace, and as such, had an exhaust

rate 10 times higher than typical

secondary lead blast furnaces. The high

blast furnace exhaust rate compared to

their low reverberatory exhaust rate

made commingling technically and

economically infeasible. The petition

supplied information to support the

claim.

The second petitioner (Docket ID No.

IV–D–50) pointed out that the term

‘‘collocated’’ was not defined, and

argued that smelter configurations very

dramatically. They identified one

facility that would have difficulty

meeting the requirements since they had

two blast furnaces and only one

reverberatory furnace. Upon request, the

petitioner supplied the exhaust

flowrates for the two blast furnaces

(25,300 scfm, total) and the

reverberatory furnace (8,800 scfm)

(Docket ID No. IV–D–52).

Response: The EPA reviewed the

requests and the additional information

provided by the petitioners. The EPA

evaluated the differences in furnace

exhaust rates for facilities with blast and

reverberatory furnaces (Docket ID No.

II–B–36). Information on the exhaust

rates was obtained for all eight of the

existing facilities with both blast and

reverberatory furnaces. On reviewing

the information, two groupings of

facilities were evident. Six of the

facilities had blast furnace exhaust rates

which were less than roughly half that

of the reverberatory exhaust rate. In

contrast, two facilities had blast furnace

exhaust rates which are more than 150

percent of the reverberatory exhaust

rate. These two facilities, Doe Run,

Missouri; and Schuylkill, Louisiana, are

the facilities represented in the

petitions.

Commingling of the exhaust gases is

the basis for the collocated blast furnace

and reverberatory furnace THC emission

limit. The principle of commingling the

exhaust gases is based on a large hot

(2000+ degree Fahrenheit) reverberatory

furnace exhaust acting as the principle

heat source to incinerate any organics in

the smaller cooler (roughly 200 °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
Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations 32215

filter, and that these secondary filters

may provide improved protection from

bag leaks. The EPA also agrees that the

use of a bag leak detector on such a

system would likely provide little if any

additional protection over proper

inspection and monitoring of operating

parameters (such as pressure drop). As

such, the EPA is adding § 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.—GENERAL PROVISIONS APPLICABILITY TO SUBPART 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
Federal Register / Vol. 62, No. 114 / Friday, June 13, 1997 / Rules and Regulations 32217

which materials are stored in piles, bins,

or tubs, and areas in which material is

prepared for charging to a smelting

furnace. Materials storage and handling

area does not include areas used

exclusively for storage of blast furnace

slag.

Partial enclosure means a structure

comprised of walls or partitions on at

least three sides or three-quarters of the

perimeter surrounding stored materials

or process equipment to prevent the

entrainment of particulate matter into

the air.

Pavement cleaning means the use of

vacuum equipment, water sprays, or a

combination thereof to remove dust or

other accumulated material from the

paved areas of a secondary lead smelter.

Plant roadway means any area of a

secondary lead smelter that is subject to

vehicle traffic, including traffic by fork

lifts, front-end loaders, or vehicles

carrying whole batteries or cast lead

ingots. Excluded from this definition are

employee and visitor parking areas,

provided they are not subject to traffic

by vehicles carrying lead-bearing

materials.

Process fugitive emission source

means a source of hazardous air

pollutant emissions at a secondary lead

smelter that is associated with lead

smelting or refining, but is not the

primary exhaust stream from a smelting

furnace, and is not a fugitive dust

source. Process fugitive sources include,

but are not limited to, smelting furnace

charging points, smelting furnace lead

and slag taps, refining kettles,

agglomerating furnaces, and drying kiln

transition pieces.

Refining kettle means an open-top

vessel that is constructed of cast iron or

steel and is indirectly heated from

below and contains molten lead for the

purpose of refining and alloying the

lead. Included are pot furnaces,

receiving kettles, and holding kettles.

Reverberatory furnace means a

refractory-lined furnace that uses one or

more flames to heat the walls and roof

of the furnace and lead-bearing scrap to

such a temperature (greater than 980 °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.—SUMMARY OF STANDARDS FOR PROCESS 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 volume1 ........................... § 63.543(a),(c).

When reverberatory furnace not operating ... 2.0 360 parts per million by volume1 (existing) ......... § 63.543(a),(c)(1).

........................ 70 parts per million by volume1 (new)2 ............... § 63.543(a),(c)(2).

Blast ...................................................................... 2.0 360 parts per million by volume1 (existing) ......... § 63.543(a),(d).

........................ 70 parts per million by volume1 (new)2 ............... § 63.543(e).

........................ 0.20 kilograms per hour3 ...................................... § 63.543(g).

Reverberatory, rotary, and electric ....................... 2.0 Not applicable ...................................................... § 63.543(a).

1Total 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.

3Applicable 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.—SUMMARY OF STANDARDS FOR PROCESS FUGITIVE SOURCES

Fugitive emission source

Control device

lead compound

emission limit (milligrams per dry

standard cubic

meter)

Enclosed hood or

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

TABLE 3.—SUMMARY OF STANDARDS FOR PROCESS FUGITIVE SOURCES—Continued

Fugitive emission source

Control device

lead compound

emission limit (milligrams per dry

standard cubic

meter)

Enclosed hood or

doorway 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).

1Enclosure 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

= 4.01

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

through visual inspection, vibration

detectors, or equivalent means.

(9) Except as provided in paragraphs

(g) and (h) of this section, continuous

operation of a bag leak detection system.

(d) The procedures specified in the

standard operating procedures manual

for maintenance shall, at a minimum,

include a preventative maintenance

schedule that is consistent with the

baghouse manufacturer’s instructions

for routine and long-term maintenance.

(e) The bag leak detection system

required by paragraph (a)(9) of this

section, shall meet the specifications

and requirements of paragraphs (e)(1)

through (e)(8) of this section.

(1) The bag leak detection system

must be certified by the manufacturer to

be capable of detecting particulate

matter emissions at concentrations of 10

milligram per actual cubic meter (0.0044

grains per actual cubic foot) or less.

(2) The bag leak detection system

sensor must provide output of relative

particulate matter loadings.

(3) The bag leak detection system

must be equipped with an alarm system

that will alarm when an increase in

relative particulate loadings is detected

over a preset level.

(4) The bag leak detection system

shall be installed and operated in a

manner consistent with available

written guidance from the U.S.

Environmental Protection Agency or, in

the absence of such written guidance,

the manufacturer’s written

specifications and recommendations for

installation, operation, and adjustment

of the system.

(5) The initial adjustment of the

system shall, at a minimum, consist of

establishing the baseline output by

adjusting the sensitivity (range) and the

averaging period of the device, and

establishing the alarm set points and the

alarm delay time.

(6) Following initial adjustment, the

owner or operator shall not adjust the

sensitivity or range, averaging period,

alarm set points, or alarm delay time,

except as detailed in the approved SOP

required under paragraph (a) of this

section. In no event shall the sensitivity

be increased by more than 100 percent

or decreased more than 50 percent over

a 365 day period unless such

adjustment follows a complete baghouse

inspection which demonstrates the

baghouse is in good operating condition.

(7) For negative pressure, induced air

baghouses, and positive pressure

baghouses that are discharged to the

atmosphere through a stack, the bag leak

detector must be installed downstream

of the baghouse and upstream of any

wet acid gas scrubber.

(8) Where multiple detectors are

required, the system’s instrumentation

and alarm may be shared among

detectors.

(f) The standard operating procedures

manual required by paragraph (a) of this

section shall include a corrective action

plan that specifies the procedures to be

followed in the case of a bag leak

detection system alarm. The corrective

action plan shall include, at a

minimum, the procedures used to

determine and record the time and

cause of the alarm as well as the

corrective actions taken to correct the

control device malfunction or minimize

emissions as specified in paragraphs

(f)(1) and (f)(2) of this section.

(1) The procedures used to determine

the cause of the alarm must be initiated

within 30 minutes of the alarm.

(2) The cause of the alarm must be

alleviated by taking the necessary

corrective action(s) which may include,

but not be limited to, paragraphs (f)(2)(i)

through (f)(2)(vi) of this section.

(i) Inspecting the baghouse for air

leaks, torn or broken filter elements, or

any other malfunction that may cause

an increase in emissions.

(ii) Sealing off defective bags or filter

media.

(iii) Replacing defective bags or filter

media, or otherwise repairing the

control device.

(iv) Sealing off a defective baghouse

compartment.

(v) Cleaning the bag leak detection

system probe, or otherwise repairing the

bag leak detection system.

(vi) Shutting down the process

producing the particulate emissions.

(g) Baghouses equipped with HEPA

filters as a secondary filter used to

control process, process fugitive, or

fugitive dust emissions from any source

subject to the lead emission standards in

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

(ii) A record of the total hydrocarbon

concentration, in 3-hour block averages,

for those periods when the total

hydrocarbon concentration being

monitored pursuant to § 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 16

CFR 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