Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32587

(e) This amendment (39–9284) becomes

effective on July 28, 1995. Issued in Kansas

City, Missouri, on June 13, 1995.

Henry A. Armstrong,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 95–14870 Filed 6–22–95; 8:45 am]

BILLING CODE 4910–13–U

NATIONAL LABOR RELATIONS

BOARD

29 CFR Parts 100 and 102

Miscellaneous Amendments

AGENCY: National Labor Relations Board

(NLRB).

ACTION: Miscellaneous amendment rule.

SUMMARY: The National Labor Relations

Board is issuing a miscellaneous

amendments rule to its administrative

regulations to update cross-references

and to change the NLRB’s headquarters

address.

EFFECTIVE DATE: The miscellaneous

amendments are effective June 23, 1995.

FOR FURTHER INFORMATION CONTACT:

Gloria Joseph, Director of

Administration, National Labor

Relations Board, Room 7108, 1099 14th

Street NW, Washington, DC 20570–

0001. (202–273–3890).

SUPPLEMENTARY INFORMATION: On July

21, 1994, the National Labor Relations

Board amended its administrative

regulations (59 FR 37157) governing the

standards of conduct and financial

disclosure requirements of its

employees of the Agency. Most of those

regulations had been superseded by the

Standards of Ethical Conduct for

Employees of the Executive Branch

issued by the Office of Government

(OGE). The NLRB published the rule to

repeal those portions of the provisions

that were superseded by the executive

branch-wide standards and to update

cross-references in the current

regulations that continued to be

applicable. Again, on May 5, 1995, the

NLRB published a rule to correct

amendatory instructions 4, and 5, and

amendatory instruction 10. (59 FR

37158) of the July 21, 1994 amending

rule (60 FR 22269). This miscellaneous

amendments rule is being published to

update cross-references, and change the

NLRB’s headquarters address in some

sections from its former address of 1717

Pennsylvania Avenue NW to its current

address of 1099 14th Street NW.

List of Subjects in 29 CFR Parts 100 and

102

Administrative practice and

procedure; Civil rights; Claims; Equal

employment opportunity; Individuals

with disabilities.

Parts 100 and 102 of Title 29 CFR are

amended as follows:

PART 100—ADMINISTRATIVE

REGULATIONS

1. The authority citation for part 100

is revised to read as follows:

Authority: Sec. 6, National Labor Relations

Act, as amended (29 U.S.C. 141, 146).

Subpart A is also issued under 5 U.S.C.

7301; 5 U.S.C. app. (Ethics in Government

Act of 1978); E.O. 12674, 3 CFR 1989 Comp.,

215, as modified by E.O. 12731, 3 CFR 1990

Comp., p. 306; 5 CFR 2635.105, 2635.403,

2635.802(a), 2635.803; 18 U.S.C. 201 et seq.;

18 U.S.C. 208; 57 FR 56433 (codified at 5

CFR 735).

Subpart B is also issued under the

Inspector General Act of 1978, as amended

by the Inspector General Act Amendment of

1988, 5 U.S.C. app. 3; 18 U.S.C. 201 et seq.;

5 CFR 735; 42 U.S.C. 2000e–16(a); 29 CFR

1613.2049a) and 29 CFR 1613.216.

Subpart D is also issued under 28 U.S.C.

2672; 28 CFR part 14.

Subpart E is also issued under 29 U.S.C.

794.

§ 100.502 [Amended]

2. In § 100.502, reference

‘‘(§§ 100.601–100.670)’’ is revised to

read ‘‘(§§ 100.501–100.570)’’.

§ 100.503 [Amended]

3. In § 100.503, in the definition of

‘‘qualified individual with handicaps’’,

in paragraph (4), the reference

‘‘§ 100.640’’ is revised to read

‘‘§ 100.540’’.

§ 100.549 [Amended]

4. In § 100.549, reference ‘‘§ 100.150’’

is revised to read ‘‘§ 100.550’’.

§ 100.550 [Amended]

5. In § 100.550(a)(3) and (b)(2),

reference ‘‘§ 100.650(a)’’ is revised to

read ‘‘§ 100.550(a)’’.

§ 100.560 [Amended]

6. In § 100.560(d) reference

‘‘§ 100.160’’ is revised to read

‘‘§ 100.560’’.

PART 102—RULES AND

REGULATIONS, SERIES 8

1. The authority citation for Part 102

continues to read as follows:

Authority: Sec. 6, National Labor Relations

Act, as amended (29 U.S.C. 151, 156). Section

102.117 also issued under sec. 552(a)(4)(A) of

the Freedom of Information Act, as amended

(5 U.S.C. 552(a)(4)(A)), and section 552a(j)

and (k) of the Privacy Act (5 U.S.C. 552a(j)

and (k)). Sections 102.143 through 102.155

also issued under sec. 504(c)(1) of the Equal

Access to Justice Act as amended (5 U.S.C.

504(c)(1)).

§ 102.117 [Amended]

2. In § 102.117(f), (g), and (i) the

address ‘‘1717 Pennsylvania Avenue

NW., Washington, DC 20570’’ is revised

to read ‘‘1099 14th Street NW.,

Washington, DC 20570’’.

3. In § 102.117, paragraph (c)(2)(iii)(a),

(b), and (c) is renumbered as paragraph

(c)(2)(iii)(A), (B), and (C).

By direction of the Board.

National Labor Relations Board,

John J. Toner,

Acting Executive Secretary.

[FR Doc. 95–15352 Filed 6–22–95; 8:45 am]

BILLING CODE 7545–01–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 9 and 63

[AD–FRL–5217–2]

RIN 2060–AE04

National Emission Standards for

Hazardous Air Pollutants From

Secondary Lead Smelting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This action promulgates

national emission standards for

hazardous air pollutants (NESHAP) for

new and existing secondary lead

smelters pursuant to section 112 of the

Clean Air Act (the Act) as amended in

1990. Secondary lead smelters have

been identified by the EPA as significant

emitters of several chemicals identified

in the Act as hazardous air pollutants

(HAP’s) including but not limited to

lead compounds, arsenic compounds,

and 1,3-butadiene. Chronic exposure to

arsenic and 1,3-butadiene is associated

with skin, bladder, liver and lung cancer

and other developmental and

reproductive effects. Exposure to lead

compounds results in adverse effects on

the blood, central nervous system and

kidneys. Children are particularly

sensitive and exposure to lead

compounds can also result in reduced

cognitive development and reduced

growth. This rulemaking will affect

secondary lead smelters that use blast,

reverberatory, rotary, or electric

smelting furnaces to recover lead metal

from scrap lead, primarily from used

lead-acid automotive-type batteries. The

purpose of the final rule is to reduce

HAP emissions from secondary lead

smelting. This rule is estimated to

reduce emissions, including metal

HAP’s and organic HAP’s, by about

1,300 megagrams (1,400 tons) per year.
32588 Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations

The NESHAP provides protection to the

public by requiring all secondary lead

smelters to meet emission standards

reflecting the application of the

maximum achievable control

technology (MACT). The NESHAP

regulates emissions of lead compounds

and total hydrocarbons (THC’s) as

surrogates for metal HAP’s and organic

HAP’s, respectively. The EPA is also

adding secondary lead smelters that are

area sources to the list of source

categories that are subject to MACT

standards.

EFFECTIVE DATE: June 23, 1995.

ADDRESSES: Docket. Docket No. A–92–

43, containing information considered

by the EPA in development of the

promulgated standards, is available for

public inspection and copying between

8:00 a.m. and 5:30 p.m., Monday

through Friday except for Federal

holidays, at the following address: U.S.

Environmental Protection Agency, Air

and Radiation Docket and Information

Center (MC–6102), 401 M Street, SW,

Washington, DC 20460; telephone (202)

260–7548. The docket is located at the

above address in Room M–1500,

Waterside Mall (ground floor). A

reasonable fee may be charged for

copying.

Background Information Document. A

background information document (BID)

for the promulgated standards may be

obtained from the docket; the U.S. EPA

Library (MD–35), Research Triangle

Park, North Carolina 27711, telephone

(919) 541–2777; or from the National

Technical Information Service, 5285

Port Royal Road, Springfield, Virginia

22161, telephone (703) 487–4650. Please

refer to ‘‘Secondary Lead Smelting—

Background Information for

Promulgated Standards,’’ (EPA–453/R–

95–008b).

The BID contains a summary of all the

public comments made on the proposed

standards and the EPA’s response to the

comments. It also contains a summary

of the changes made to the standards

since proposal.

FOR FURTHER INFORMATION CONTACT: Mr.

Phil Mulrine, Metals Group, Emission

Standards Division (MD–13), U.S.

Environmental Protection Agency,

Research Triangle Park, North Carolina

27711; telephone (919) 541–5289.

SUPPLEMENTARY INFORMATION:

Judicial Review. Under section

307(b)(1) of the Act, judicial review of

a NESHAP is available only by filing a

petition for review in the U.S. Court of

Appeals for the District of Columbia

Circuit within 60 days of today’s

publication of this final rule. Under

section 307(b)(2) of the Act, the

requirements that are the subject of

today’s notice may not be challenged

later in civil or criminal proceedings

brought by the EPA to enforce these

requirements.

The information presented in this

preamble is organized as follows:

I. Background

II. Summary

A. Summary of Promulgated Standards

B. Summary of Major Changes Since

Proposal

C. Summary of Environmental, Energy,

Cost, and Economic Impacts

III. Public Participation

IV. Significant Public Comments and

Responses

A. Adverse Health Effects Finding for Area

Sources

B. Hydrogen Chloride/Chlorine Emission

Standards

C. Metal Hazardous Air Pollutant

Monitoring Requirements

D. Exemption from Resource Conservation

and Recovery Act Boiler and Industrial

Furnace Emission Standards

V. Administrative Requirements

A. Docket

B. Executive Order 12866

C. Unfunded Mandates Act

D. Paperwork Reduction Act

E. Regulatory Flexibility Act

I. Background

On July 16, 1992 (57 FR 31576), the

EPA published a list of major and area

sources for which NESHAP are to be

promulgated. On December 3, 1993 (58

FR 63941), the EPA published a

schedule for promulgation of those

standards. The secondary lead smelting

source category is included on the list

of major sources and the EPA is

required to establish national emission

standards by May 31, 1995 according to

this schedule. Major sources are those

sources emitting 10 or more tons per

year of any one HAP or 25 or more tons

per year of a combination of HAP’s.

This NESHAP was proposed in the

Federal Register on June 9, 1994 (59 FR

29750). The same notice also announced

that the EPA was proposing to add

secondary lead smelters that are area

sources to the list of source categories

that will be subject to national emission

standards. Area sources are those

smelters emitting less than 10 tons per

year of any single HAP and less than 25

tons per year of a combination of HAP’s.

The EPA received 31 letters

commenting on the proposed rule and

proposed area source listing. The EPA

received no requests for a public

hearing. The EPA published a

supplemental notice announcing the

availability of new data regarding the

proposed standards for hydrogen

chloride/chlorine (HCl/Cl2) emissions

on April 19, 1995 (60 FR 19556). The

EPA received eight comment letters in

response to the supplemental notice.

II. Summary

A. Summary of Promulgated Standards

The promulgated rule establishes

standards to limit HAP emissions from

smelting furnaces, refining kettles,

agglomerating furnaces, dryers, and

fugitive dust sources at both major

source and area source secondary lead

smelters. The promulgated rule does not

apply to primary lead smelters, lead

refiners, or lead remelters.

Emission standards promulgated

under section 112 are to be technologybased and are to reflect the maximum

degree of reduction of HAP emissions

achievable taking into consideration the

cost of achieving the emission

reduction, any nonair quality health and

environmental impacts and energy

requirements. These standards are

termed MACT standards. Emission

reduction may be accomplished through

application of a variety of measures,

methods, or techniques. Emission

standards, however, can be no less

stringent than a minimum baseline or

‘‘floor’’ for standards set out in the

statute.

For new sources, the standards for a

source category or subcategory cannot

be less stringent than the emission

control that is achieved in practice by

the best controlled similar source. The

standards for existing sources can be

less stringent than standards for new

sources, but they cannot be less

stringent than the average emission

limitation achieved by the bestperforming 12 percent of existing

sources (excluding certain sources

described in section 112(d)(3) of the

Act) for categories and subcategories

with 30 or more sources, or the bestperforming 5 sources for categories and

subcategories with fewer than 30

sources. There are fewer than 30

secondary lead smelters, so the

standards for existing sources are based

on the best-performing 5 sources.

Floor levels of control were

determined for each of the affected

source types under consideration for

regulation. Source types are process

sources, process fugitive sources, and

fugitive dust sources. For process

fugitive sources and fugitive dust

sources, which are similar in character

and emissions potential across all

secondary lead smelters, the entire

population of secondary lead smelters

are considered in determining MACT

floor levels of control. For process

sources, specifically smelting furnaces,

smelters are differentiated and divided

into configurations based on the
Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32589

smelting furnace types used at

individual smelters. In all but one case,

floors for existing source MACT and

new source MACT are identified. In the

one case where existing source MACT is

less stringent than new source MACT,

the determination was made that the

establishment of standards beyond the

existing source floor was unreasonable.

A complete discussion of the selection

of the MACT and basis of standards for

each source type is presented in the

preamble to the proposed rule (59 FR

29760; June 9, 1994).

1. Process Emission Sources

Owners and operators of all smelting

furnace types must limit lead compound

emissions, which is a surrogate for all

metal HAP’s, to no more than 2.0

milligrams per dry standard cubic meter

(mg/dscm; 0.00087 grains per dry

standard cubic foot (gr/dscf)). Owners

and operators must limit THC

emissions, which is a surrogate for all

organic HAP’s, to varying levels

depending on the smelting furnace type.

No THC limits apply to reverberatory,

rotary, and electric furnaces not

collocated with blast furnaces.

Owners and operators of collocated

reverberatory and blast furnaces must

comply with a THC limit of 20 parts per

million by volume (ppmv) as propane at

4 percent carbon dioxide (CO2) when

both furnaces are operating. Less

stringent limits apply when the

reverberatory furnace is not operating.

When the reverberatory furnace is not

operating, new blast furnaces collocated

with reverberatory furnaces must

comply with a THC limit of 70 ppmv,

and existing blast furnaces must comply

with a THC limit of 360 ppmv.

Owners and operators of new blast

furnaces located at blast-furnace-only

smelters must comply with a THC limit

of 70 ppmv. Existing blast furnaces

located at blast-furnace-only smelters

must comply with a THC limit of 360

ppmv. The THC emissions from each

blast furnace charging chute at all

smelters with blast furnaces shall not

exceed 0.20 kilograms per hour (kg/hr;

0.44 pounds per hour (lb/hr)).

Table 2 in the attached regulatory text

summarizes the emission limits for

smelting furnace process sources.

2. Process Fugitive Emission Sources

Owners and operators must comply

with either of two process fugitive

emission control options. Each process

fugitive emission source must be

controlled either by an enclosure-type

hood that is ventilated to a control

device or must be fully enclosed within

a containment building (within the

meaning of 40 CFR part 265, subpart

DD) that is ventilated to a control

device. Lead compound emissions, as a

surrogate for all metal HAP’s, from each

hood or building control device are

limited to 2.0 mg/dscm (0.00087 gr/

dscf).

Refining kettle enclosure hoods must

have a minimum air velocity into all

hood openings (i.e., face velocity) of 75

meters per minute (m/min; 250 feet per

minute (fpm)), and the enclosure hoods

over drying kiln transition pieces must

have a minimum face velocity of 110 m/

min (350 fpm). All other process

fugitive emission sources (charging

points, lead and slag taps, and

agglomerating furnaces) with an

enclosure hood must have a minimum

face velocity of 90 m/min (300 fpm). If

a ventilated building is used to control

process fugitive sources, then it must

have a minimum air velocity into the

building through all openings of 75 m/

min (250 fpm).

Table 3 in the attached regulatory text

summarizes the requirements for

process fugitive emission sources.

3. Fugitive Dust Sources

Fugitive dust emissions must be

controlled by the measures specified in

a standard operating procedures (SOP)

manual. The SOP must be developed by

the owner or operator of each smelter

and submitted to the Administrator for

approval. The SOP must describe the

measures that will be used to control

fugitive dust emissions from plant

roadways; the battery breaking area; the

furnace, refining, and casting areas; and

the materials storage and handling

areas. Acceptable control measures

include either a total enclosure of the

fugitive dust source and ventilation of

the enclosure to a control device, or a

combination of partial enclosures, wet

suppression, and pavement cleaning.

Lead compound emissions, as a

surrogate for all metal HAP’s, from

enclosure control devices must be

limited to 2.0 mg/dscm (0.00087 gr/

dscf).

4. Compliance Dates

Compliance for existing sources must

be achieved no later than June 23, 1997,

or upon startup for new or reconstructed

sources.

5. Compliance Test Methods

Compliance with the emission limits

for lead compounds shall be determined

according to EPA Reference Method 12

(40 CFR part 60, appendix A).

Compliance with the THC emission

limits shall be determined according to

EPA Reference Method 25A (40 CFR

part 60, appendix A). Concentrations of

THC shall be reported in ppmv, as

propane, corrected to 4 percent CO2 to

correct for dilution. Sampling point

locations shall be determined according

to EPA Reference Method 1, and stack

gas conditions shall be determined, as

appropriate, according to EPA Reference

Methods 2, 3, 3B, and 4 (40 CFR part 60,

appendix A).

6. Monitoring Requirements

The rule requires an initial lead

compound emission test to demonstrate

compliance with the lead compound

emission standards. All owners and

operators must also prepare SOP

manuals for the systematic inspection

and maintenance of all baghouses. Each

manual shall also include provisions for

the diagnosis of problems and a

corrective action plan. In addition, all

baghouses are required to have bag leak

detection systems with alarms to

indicate bag leaks or other causes of

increased emissions. Plans for corrective

action must prescribe procedures to be

followed whenever an alarm is

triggered.

Compliance with the THC emission

standards (except that for blast furnace

charging) will require monitoring either

afterburner or incinerator temperature

or THC concentration. Only an initial

compliance test is required for blast

furnace charging.

7. Notification Requirements

The owner or operator will be

required to comply with the notification

requirements in the General Provisions

to part 63 (40 CFR part 60, subpart A).

In addition, owners and operators will

be required to submit the fugitive dust

control SOP and the baghouse SOP to

the Administrator for review and

approval.

8. Recordkeeping and Reporting

Requirements

Owners and operators will be

required to comply with the

recordkeeping and reporting

requirements in the General Provisions

to part 63 (40 CFR part 63, subpart A).

In addition, the owners and operators

will be required to maintain records

demonstrating that they have

implemented the requirements of the

fugitive dust control SOP and the

baghouse SOP, including records of all

bag leak detection system alarms and

corrective actions.

B. Summary of Major Changes Made

Since Proposal

Based on public comments received

in response to both the initial notice of

proposal and the supplemental notice,

and other data received since proposal,

the EPA has made several changes to the
32590 Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations

proposed rule. The BID referred to in

the ADDRESSES section of this preamble

contains a complete explanation of the

EPA’s reasons for making each of these

changes. A summary of the major

changes is presented below.

1. Applicability

The applicability of the rule was

clarified by adding a statement that the

rule does not apply to primary lead

smelters, lead refiners, and lead

remelters.

2. Standards for Process Sources

The THC emission limits for blast

furnaces collocated with reverberatory

furnaces were revised to account for

periods when the reverberatory furnace

is not operating.

When the reverberatory furnace is not

operating, these blast furnaces will be

allowed to meet the same THC limits as

new and existing blast furnaces located

at blast-furnace-only smelters (70 ppmv

and 360 ppmv, respectively). The

proposed standards required that

reverberatory/blast furnace facilities

meet a THC emission limit of 20 ppmv

at all times. The proposed HCl/Cl2

emission standards (and associated

testing and monitoring requirements)

are not being promulgated.

3. Standards for Process Fugitive

Sources

The ventilation requirements for

hoods have been modified; the

volumetric flow rate requirement for

refining kettle hoods has been

withdrawn and the face velocity

requirements for furnace charging and

tapping have been lowered from 110 m/

min (350 fpm) to 90 m/min (300 fpm).

A provision has been added that will

allow owners and operators to control

process fugitive emission sources by

enclosing them in a building that is

ventilated to a control device, rather

than having to comply with the

enclosure hood and face velocity

requirements at each emission source.

4. Test Methods and Schedule

The annual lead test has been

withdrawn for all sources; only an

initial lead test is now required.

Velometers (anemometers) have been

added as an alternate method for

determining face velocities for process

fugitive hoods and building doorways.

5. Monitoring Requirements

The proposed rule would have

required a continuous opacity monitor

(COM) and a site-specific opacity limit

for monitoring lead compound

emissions from process sources. These

requirements have been withdrawn.

Rather than install and operate a COM,

each owner or operator must now

prepare a baghouse SOP manual that

includes an inspection and maintenance

procedure and a corrective action plan

for all process, process fugitive, and

fugitive dust baghouses. Each baghouse

must also be fitted with a bag leak

detection system with an alarm to

monitor baghouse performance. An

alarm signal by itself is not considered

to be a violation of the lead compound

emission limit. To maintain compliance,

the owner or operator must follow the

inspection and maintenance procedure

and comply with the requirements of

the corrective action plan whenever an

alarm is activated.

There has been no change to the

organic HAP monitoring requirements.

The proposed HCl/Cl2 monitoring

requirements have been withdrawn.

6. Recordkeeping and Reporting

Requirements

The recordkeeping and reporting

requirements have been revised so they

are consistent with the baghouse SOP

manual in the revised monitoring

requirements. Owners and operators

also will be required to record the date

and time of all bag leak detection system

alarm signals, their cause, the corrective

action taken, and the timing for such

action.

The requirements for THC

recordkeeping and reporting have been

clarified so that only the 3-hour

averages that are not in compliance with

the allowable afterburner or incinerator

temperature, or THC concentration must

be reported, rather than all 3-hour

averages for the entire reporting period.

The recordkeeping and reporting

requirements associated with the HCl/

Cl2 emission standards have been

withdrawn. Finally, the reporting

frequency has been changed to be

consistent with the requirements under

§ 63.10 of the General Provisions.

C. Summary of Environmental, Health,

Cost, and Economic Impacts

The final standards will reduce total

nationwide emissions of both metal

HAP’s and organic HAP’s from

secondary lead smelters by 1,283

megagrams per year (Mg/yr) (1,411 tons/

yr). These reductions include 53 Mg/yr

(58 tons/yr) of metal HAP’s and 1,230

Mg/yr (1,353 tons/yr) of organic HAP’s.

No reductions in HCl/Cl2 emissions are

expected as a direct consequence of the

final rule because of the deletion of HCl/

Cl2 emission standards since proposal.

However, emissions of HCl/Cl2 are

expected to be essentially eliminated in

any case because of the elimination of

polyvinyl chloride (PVC) plastic as a

separator material in batteries. The

rationale for not promulgating HCl/Cl2

emission standards is explained in

section IV(B) of this preamble.

These emission reductions will have

a positive effect on public health. Metal

HAP emissions from secondary lead

smelting include lead compounds and

arsenic compounds, among others.

Populations around secondary lead

smelters can be exposed to metal HAP’s

through inhalation or through ingestion

of metal HAP’s that have settled on the

soil in the vicinity of the smelter.

Exposure to lead compounds occurs

through inhalation or ingestion, but the

effects are the same regardless of the

route of exposure. Chronic exposure to

lead compounds results in adverse

effects on the blood, central nervous

system, blood pressure, kidneys, and

vitamin D metabolism. Children are

particularly sensitive and exposure can

also result in reduced cognitive

development and reduced growth.

Adverse effects on human reproduction

have also been reported. Lead

compounds can be persistent in the

environment and have the potential to

accumulate in food chains.

Chronic inhalation exposure to

arsenic compounds is strongly

associated with lung cancer and is

associated with irritation of the skin and

mucous membranes (dermatitis,

conjunctivitis, pharyngitis, and rhinitis).

Chronic oral exposure has resulted in

gastrointestinal effects, anemia,

peripheral nerve damage, skin lesions,

and liver or kidney damage and is

linked to skin, bladder, liver, and lung

cancer.

Organic HAP emissions from

secondary lead smelting include 1,3-

butadiene, among other organic

compounds. The effects of chronic

exposure to 1,3-butadiene include

increased cardiovascular disease.

Animal studies of chronic exposure to

1,3-butadiene indicate effects on

respiratory and cardiovascular systems

and the liver, as well as developmental

and reproductive effects. Animal studies

have also reported tumors from

inhalation exposure to 1,3-butadiene

and the EPA has classified 1,3-

butadiene as a probable human

carcinogen.

In addition to the reductions in HAP

air emissions achieved, the final

standards will also achieve reductions

in nationwide emissions of two criteria

pollutants, carbon monoxide and

particulate matter. Compliance with the

final standards will reduce emissions of

particulate matter by 135 Mg/yr (149

tons/yr) and those of carbon monoxide

by 80,000 Mg/yr (88,000 tons/yr).
Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32591

No significant adverse secondary air,

water, or solid waste impacts are

anticipated from these standards. The

national annual energy usage due to the

installation of the required control

devices is expected to be 5.0 million

cubic meters per year (180 million cubic

feet per year) of natural gas to operate

afterburners on blast furnaces and

reverberatory/blast furnace smelters.

The natural gas consumption estimated

at proposal was 3.7 million cubic meters

(130 million cubic feet per year). The

increase since proposal is due to a

revised analysis of the control

equipment and amount of natural gas

needed to perform gas stream blending

to control organic HAP emissions from

reverberatory/blast furnace smelters. No

other notable energy impacts are

expected.

The implementation of this regulation

is expected to result in a national

annual cost of $2.8 million. This

includes an annualized cost from

installation of control devices of $1.86

million and total monitoring, reporting,

and recordkeeping costs of $0.93

million. At proposal, the estimated

national costs were $2.6 million per

year. The annualized control costs were

estimated to be $890,000 and the annual

costs for monitoring, recordkeeping, and

reporting were $1.7 million. The

annualized control costs have increased

since proposal because the cost estimate

to control organic HAP emissions from

reverberatory/blast furnace smelters was

revised in response to public comments.

The annual monitoring, recordkeeping,

and reporting costs have decreased

since proposal because the HCl/Cl2

monitoring requirements have been

withdrawn and the final metal HAP

monitoring requirements involve fewer

emission tests and less expensive

monitoring devices than at proposal.

The economic impact analysis done at

proposal showed that the economic

impacts from the proposed standard

would be insignificant. The economic

impact analysis was not revised for

promulgation because the relatively

small increase in costs is not expected

to have any effect on the conclusions of

the economic impact analysis.

III. Public Participation

On November 17, 1992, the EPA

presented the National Air Pollution

Control Techniques Advisory

Committee with an overview of the

EPA’s decision to regulate surrogates in

place of regulating individual metal

HAP’s and organic HAP’s.

Prior to proposal of the standards,

owners and operators of secondary lead

smelters were invited by the EPA to

participate in a meeting to discuss the

results of the EPA’s secondary lead

smelter testing program as well as the

standards being evaluated for proposal.

This meeting was held on October 5,

1993. The comments submitted

following this meeting were

incorporated into the proposed rule.

The standards were proposed and

published in the Federal Register on

June 9, 1994 (59 FR 29750). The

preamble to the proposed standards

discussed the availability of the BID,

which described the technical basis and

the impacts of the proposed standards.

Public comments were solicited at the

time of proposal.

To provide interested persons the

opportunity for oral presentation of

data, views, or arguments concerning

the proposed standards, the opportunity

for a public hearing was offered at

proposal; however, no requests for a

hearing were received. The public

comment period was from June 9, 1994

to August 8, 1994. Thirty-one comment

letters were received. A supplemental

notice was published on April 19, 1995

(60 FR 19556) and eight comment letters

were received. The comments were

carefully considered by the

Administrator in formulating the final

rule.

IV. Significant Comments and

Responses

The EPA received comment letters on

the proposed standards from owners

and operators of secondary lead

smelters and industry trade

associations, States, equipment vendors,

and environmental groups. A detailed

discussion of all the comments and the

EPA’s responses can be found in the

promulgation BID, which is referenced

in the ADDRESSES section of this

preamble. The summary of comments

and responses in the BID serves as the

basis for the revisions that have been

made to the standards between proposal

and promulgation. Most of the comment

letters contained multiple comments.

Significant comments and new

information were received on four

topics since proposal: the area source

finding, the standards for process

sources (especially those proposed for

HCl/Cl2 emissions), the monitoring

requirements for metal HAP’s, and the

exemption from the Resource

Conservation and Recovery Act (RCRA)

boiler and industrial furnace (BIF)

emission standards. These comments

and the EPA’s responses are

summarized in this preamble.

A. Adverse Health Effects Finding for

Area Sources

Six commenters agreed with the

EPA’s finding that smelters that are area

sources (i.e., those with emissions of

less than 10 tons per year of any one

HAP or 25 tons per year of a

combination of HAP’s) should be listed

as sources subject to section 112

standards and should be subject to the

same regulations as smelters that are

major sources. Seven commenters

disagreed with the EPA’s decision to

regulate area sources; three of the seven

argued that the risks are insufficient to

warrant regulation under MACT

standards. After considering all

comments on the subject, the EPA

continues to believe that area sources

should be regulated under MACT

standards and is, therefore, maintaining

its decision to regulate secondary lead

smelters that are area sources under this

final action.

The decision to list area source

smelters to regulate them under the

same standards as major source smelters

is based on the cancer risks from

secondary lead smelter emissions and

noncancer health risks posed by lead

compound emissions. The estimated

annual cancer incidence is 0.1 cases for

all seven smelters predicted to be area

sources. This cancer incidence is due

primarily to exposure to 1,3-butadiene

and arsenic. The maximum exposed

individual has a cancer risk of 1 in

1,000 and 560,000 individuals are

estimated to be exposed to a risk greater

than 1 in 1 million.

Section 112(c)(3) of the Act does not

offer a ‘‘bright line’’ test for the EPA to

use in making an area source finding.

Instead, the EPA believes that it has

discretion to consider a range of health

effects endpoints and exposure criteria

in making the requisite finding of a

threat of adverse effects to health or the

environment. In making area source

listing determinations, the EPA strives

to provide maximum feasible protection

against risks to health from HAP’s by:

(1) Protecting the greatest number of

persons possible to an individual

lifetime cancer risk level of no higher

than approximately 1 in 1 million and

(2) limiting to no more than 1 in 10,000

the estimated cancer risk to the

hypothetical maximum exposed

individual. The estimated cancer risks

presented by area source smelters are

consistent with those supporting similar

EPA decisions to regulate other

categories of area sources and with the

EPA’s strategy to implement section 112

(57 FR 31576, July 16, 1992).

Exposure to lead compounds is also a

concern. It is estimated that 250

individuals in the vicinity of area source

smelters are exposed to ambient lead

levels above the national ambient air

quality standard (NAAQS) for lead of

1.5 micrograms per cubic meter (μg/m3).
32592 Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations

Emissions that result in ambient lead

concentrations below the NAAQS are

also troubling. Ambient lead levels,

particularly in urban areas, may already

represent a substantial portion of the

lead NAAQS (56 FR 7167, February 21,

1991; 52 FR 16994, May 6, 1987)

(existing substantial ambient

concentrations of lead justify lowering

permissible air emissions for lead from

boilers and industrial furnaces burning

hazardous waste). Estimates indicate

that 300 individuals may be exposed to

ambient lead levels above 1.0 μg/m3

(two-thirds the current NAAQS) and

1500 individuals may be exposed to

levels above 0.5 μg/m3 (one-third the

current NAAQS) due to the area source

smelters. Finally, recent scientific

information suggests that lead blood

levels in children lower than previously

thought may cause adverse health

effects (56 FR 7167, February 21, 1991;

56 FR 26469, June 7, 1991) (establishing

standards for lead in drinking water).

Lead is also persistent in the

environment and individuals,

particularly children, can be exposed

through pathways other than inhalation.

The sites of two former smelters have

required Federal cleanup action under

the Comprehensive Environmental

Response, Compensation, and Liability

Act, also known as ‘‘Superfund.’’ Both

sites were contaminated by lead

deposition onto surrounding soil.

Deposition at these sites was caused by

the same types of air emission sources

that will be regulated by this rule.

In short, the EPA finds that secondary

lead smelter area sources pose potential

adverse human health and

environmental threats that justify listing

under section 112(c)(3). The Agency

further finds that MACT standards are

the most appropriate for these sources.

The EPA considers the cost impacts of

the final rule, including the regulation

of area source smelters by MACT

standards, to be reasonable. The

pollutants being regulated are especially

toxic, warranting heightened control.

(cf. S. Rept. 228, 101st Cong., 1st sess.,

173.) The overall cost-effectiveness of

the rule will be about $1,400 per Mg

($1,300 per ton) of HAP reduced. The

EPA’s decision to regulate both major

and area sources by the same standards

also eliminates the potential for adverse

effects on competition within the

industry.

Finally, the EPA believes that

regulating all smelters under the same

regulations is consistent with the

Agency’s responsibilities for achieving

environmental justice under Executive

Order (E.O.) No. 12898. Historically,

some secondary lead smelters have had

adverse impacts on communities that

are disproportionately represented by

minority and lower income populations.

Some area source smelters are currently

located in communities that are

disproportionately represented by

minority and lower income populations.

Therefore, the EPA believes that

regulating all smelters under MACT

standards addresses the objectives of

E.O. 12898.

B. Hydrogen Chloride/Chlorine

Emission Standards

The proposed rule contained emission

standards and monitoring requirements

to control HCl and Cl2 emissions from

all furnace types. Hydrogen chloride

and Cl2 are formed from the combustion

of PVC plastic separators that are found

in some used lead-acid batteries. The

only significant source of HCl/Cl2

emissions is from feedstock materials

containing PVC. At proposal, the EPA

believed that many used lead-acid

batteries contained PVC separators.

Based on the results of tests at several

smelters, the EPA predicted at proposal

that the addition of soda ash or

limestone fluxing agents to the feed

material could achieve the same level of

HCl/Cl2 control as an acid gas scrubber,

but at a much lower cost. The proposed

emission standards and monitoring

requirements and the estimated cost

impacts were based on the use of

fluxing agents.

Several comments were received

stating that the feasibility of fluxing as

a control may be overstated and

scrubbers may be necessary in many

cases. Several commenters also asserted

that the proposed HCl/Cl2 emission

standards are not needed because PVC

is no longer used as a separator material.

Information obtained by the EPA since

proposal confirms that PVC is no longer

used as a separator material and the

proportion of spent batteries with PVC

is expected to decline as these batteries

are removed from service and recycled

(Docket Item IV-D–34). In 1990, about 1

percent of scrap batteries processed at

lead smelters contained PVC separators.

In 1994, less than 0.1 percent of scrap

batteries contain PVC. The EPA predicts

that by the time existing smelters must

demonstrate compliance with these

standards in 1997, batteries containing

PVC will only be present in the scrap

battery inventory in trace amounts,

resulting, at most, in only trivial

amounts of HCl or Cl2 air emissions.

Data provided to the EPA since

proposal also indicates that the EPA

may have overstated the feasibility of

fluxing as a control option. At the blast

furnace tested by the EPA, powdered

fluxing agents were mixed with flue

dust in a briquetting machine and the

briquettes were then charged to the

furnace. This smelter is the only facility

handling flux and flue dust in this

manner. After proposal, the operators of

a blast-furnace-only smelter that

recycled agglomerated flue dust

sponsored an HCl testing program in

which additional flux was added to the

furnace separately in the form of

crushed limestone. The test results

obtained show that additional fluxing in

this manner achieved no incremental

reduction in HCl emissions. A

reevaluation of the fluxing issue

suggests that flux material must be

mixed with the flue dust, for example

through briquetting, to achieve effective

HCl/Cl2 control. Mixing powdered flux

and the flue dust is necessary to achieve

a close physical association to promote

the chemical reactions that prevent HCl

and Cl2 emissions.

If HCl/Cl2 control were still required

by the rule, those smelters that do not

currently operate a scrubber or combine

flue dust with flux before charging them

to the furnace would need to install and

operate a scrubber or reconfigure the

flue dust handling and flux delivery

system. The cost impacts of the

proposed HCl/Cl2 emission standards,

therefore, would be substantially greater

than those estimated at proposal.

However, as noted above, the EPA

predicts that secondary lead smelters

will no longer be sources of HCl or Cl2

emissions when the rule takes effect.

For that reason, the EPA is withdrawing

the proposed HCl/Cl2 emission

standards and associated monitoring

requirements.

Six commenters agreed with the

EPA’s decision to withdraw the HCl/Cl2

emission standards and associated

monitoring requirements for this rule.

Two commenters disagreed with EPA’s

decision to withdraw the HCl/Cl2

emission standards. One argued that

lead-contaminated personal protective

equipment (PPE) that is disposed of in

the smelting furnaces could be a source

of PVC in addition to battery separators.

The other commenter argued for

temporary HCl/Cl2 emission standards

for a minimum of 3 to 5 years to confirm

that HCl/Cl2 emissions have been

reduced.

Data provided by a smelter operator

indicate that less than one ton per year

of lead-contaminated PPE is disposed of

in the smelting furnace of a large

smelter. Only a fraction of PPE is PVC

and only a fraction of PVC is chlorine

(Docket Item IV–D–47). Therefore, the

potential HCl/Cl2 emissions attributed

to PPE disposal is minimal. A worse

case estimate of HCl/Cl2 emissions due

to PPE disposal indicates maximum
Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32593

emissions on the order of a few hundred

pounds per year.

In regard to the issuance of temporary

standards, pending confirmation that

HCl/Cl2 emissions have been reduced,

the EPA acknowledges that such an

action would be prudent if the predicted

decline in PVC was uncertain. However,

the EPA is reasonably confident that the

predicted decline in PVC separators in

secondary lead smelter feedstock will

continue and PVC will be present in

only trace quantities by the 1997

effective date of this rule. Therefore, it

is EPA’s judgement that a temporary

HCl/Cl2 emission standard is

unnecessary.

After considering all comments, the

EPA believes the HCl/Cl2 emission

standards and associated monitoring

requirements should be deleted from the

rule.

C. Metal Hazardous Air Pollutant

Monitoring Requirements

The proposed rule would have

required each smelter to install and

operate a COM and establish a sitespecific opacity limit during the initial

lead compound compliance test for

process sources. Exceeding this opacity

limit would have constituted a violation

of the lead compound emission

standard. For process fugitive and

fugitive dust sources, the proposed rule

required an annual lead test and a

baghouse inspection and maintenance

plan.

The EPA received many comments

that presented technical arguments

against the proposed metal HAP

monitoring requirements. Several

commenters argued that there is a poor

correlation among lead, particulate

matter, and opacity at low grain

loadings. Therefore, the argument goes,

opacity cannot be used as a reliable

surrogate to indicate compliance with a

numerical lead emission limit. Other

commenters recommended that other

technologies are more reliable, accurate,

and cost effective than COM’s for

detecting broken bags in baghouses,

particularly bag leak detection systems

using triboelectric or light scattering

effects.

Based on these comments and

additional information collected from

monitoring equipment vendors since

proposal, the EPA has revised the metal

HAP monitoring requirements. The final

monitoring provisions require an SOP

for baghouse inspection and

maintenance that includes a bag leak

detection system with an alarm and a

corrective action plan for responding to

alarms. The same monitoring

requirements will apply to all metal

HAP emission sources that are

controlled by baghouses (i.e., process,

process fugitive, and fugitive dust

sources).

The bag leak detection system must be

fully operational prior to the initial lead

compliance test. However, the detection

system will not be used to monitor

compliance with the numerical lead

emission limit; it will be used to

monitor baghouse performance and

operating conditions to indicate

baghouse failures.

The EPA agrees that COM’s cannot be

used to monitor compliance with a

numerical lead compound emission

limit applicable to secondary lead

smelting. Instead, the EPA has

determined that compliance can be

demonstrated and ensured through

well-specified operation and

maintenance procedures as delineated

in this final rule.

D. Exemption From Resource

Conservation and Recovery Act Boiler

and Industrial Furnace Emission

Standards

The EPA proposed to continue the

exemption (40 CFR 266.100(c)) for

RCRA regulation of air emissions from

secondary lead smelters burning

hazardous wastes solely for metal

recovery. All commenters agreed that

this is an appropriate approach. As the

EPA stated at proposal, this exemption

is temporary and permanent resolution

can be made at the time of the section

112(f) residual risk determination.

V. Administrative Requirements

A. Docket

The docket is an organized and

complete file of all the information

considered by the EPA in the

development of this rulemaking. The

docket is a dynamic file, since material

is added throughout the rulemaking

development. The docket system is

intended to allow members of the public

and affected industries to readily

identify and locate documents so that

they can effectively participate in the

rulemaking process. Along with the

BID’s and preambles to the proposed

and promulgated standards, the

contents of the docket will serve as the

official record in case of judicial review

(section 307(d)(7)(A) of the Act).

B. Executive Order 12866

The Agency must determine whether

a regulatory action is ‘‘significant’’ and

therefore subject to OMB review and the

requirements of the E.O. 12866, (58 FR

51735, October 4, 1993). The Executive

Order defines ‘‘significant regulatory

action’’ as one that is likely to result in

a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs, or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

The EPA has submitted this action to

OMB for review. Changes made in

response to OMB suggestions or

recommendations have been

documented in Docket A–92–43 (see the

ADDRESSES section of this preamble).

C. Unfunded Mandates Act

Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’) requires

that the Agency prepare a budgetary

impact statement before promulgating a

rule that includes a Federal mandate

that may result in expenditure by State,

local, and tribal governments, in

aggregate, or by the private sector, of

$100 million or more in any 1 year.

Section 203 requires the Agency to

establish a plan for obtaining input from

and informing, educating, and advising

any small governments that may be

significantly or uniquely affected by the

rule.

Under section 205 of the Unfunded

Mandates Act, the Agency must identify

and consider a reasonable number of

regulatory alternatives before

promulgating a rule for which a

budgetary impact statement must be

prepared. The Agency must select from

those alternatives the least costly, most

cost-effective, or least burdensome

alternative that achieves the objectives

of the rule, unless the Agency explains

why this alternative is not selected or

the selection of this alternative is

inconsistent with law.

Because this final rule is estimated to

result in the expenditure by State, local,

and tribal governments or the private

sector of significantly less than $100

million in any 1 year, the Agency has

not prepared a budgetary impact

statement or specifically addressed the

selection of the least costly, most costeffective, or least burdensome

alternative. Because small governments

will not be significantly or uniquely

affected by this rule, the Agency is not
32594 Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations

required to develop a plan with regard

to small governments.

D. Paperwork Reduction Act

Information collection requirements

associated with this regulation (those

included in 40 CFR part 63, subpart A

and subpart X) have been approved by

the Office of Management and Budget

(OMB) under the provisions of the

Paperwork Reduction Act of 1980, 44

U.S.C. 3501 et seq., and have been

assigned OMB control number 2060–

0296. An Information Collection

Request (ICR) document has been

prepared by the EPA (ICR No. 1686.02)

to reflect the revised information

requirements of the final rule and has

been submitted to OMB for review. A

copy may be obtained from Sandy

Farmer, Information Policy Branch, 401

M Street, SW. (2136), Washington, DC

20460, or by calling (202) 260–2740.

The annual industry recordkeeping

and reporting burden and costs averaged

over the first 3 years for secondary lead

smelters are 11,300 hours and $452,000

per year. This collection of information

is estimated to have an annual

government recordkeeping and

reporting burden averaging 1,600 hours

over the first 3 years. These burden

estimates include time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Send comments regarding the burden

estimate or any other aspects of this

collection of information, including

suggestions for reducing this burden to

Chief, Information Policy Branch (EPA

2136); U.S. Environmental Protection

Agency, 401 M Street, SW., Washington,

DC 20460; and to the Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC 20503, marked

‘‘Attention: Desk Officer for the EPA.’’

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (or

RFA, Public Law 96–354, September 19,

1980) requires Federal agencies to give

special consideration to the impact of

regulation on small businesses. The

RFA specifies that a regulatory

flexibility analysis must be prepared if

a screening analysis indicates a

regulation will have a significant

economic impact on a substantial

number of small entities. For this

industry, a small entity is defined as one

with 500 or fewer employees. A

‘‘substantial number’’ of small entities is

generally considered to be more than 20

percent of the small entities in the

affected industry.

Regulatory impacts are considered

significant if:

(1) Annual compliance costs increase

total costs of production by more than

5 percent;

(2) Annual compliance costs as a

percent of sales are at least 20 percent

higher for small entities;

(3) Capital cost of compliance

represents a significant portion of

capital available to small entities; or

(4) The requirements of the regulation

are likely to result in closures of small

entities.

The results of the economic

assessment performed at proposal

served as the regulatory flexibility

analysis and indicated that the rule will

have an economic impact on small

business entities. The assessment has

not been updated because the impacts

on the small entities have not increased

since proposal. However, adverse

economic impacts have been minimized

to the greatest extent possible in this

rulemaking, and those that remain are

unavoidable. All of the small entities

that are currently operating and that are

impacted are major sources of HAP’s for

which the EPA is required to adopt

MACT standards. Consequently, the

economic impacts cannot be minimized

by promulgating less stringent standards

based on generally achievable control

technology (GACT). The final standards

are based on MACT floor controls, and

in no instance did the EPA establish

standards based on controls more

stringent than the floor. The EPA was

also able to identify alternatives to addon controls (e.g., work practice controls)

in the MACT floors that offered

equivalent levels of control. The EPA

has minimized the impacts associated

with monitoring by adopting a surrogate

pollutant approach and by allowing for

alternative monitoring strategies when

available. The impacts on all entities

have been reduced since proposal by

withdrawing the HCl/Cl2 emission

standards and by revising the metal

HAP monitoring requirements. Finally,

the EPA has minimized the impacts

associated with recordkeeping and

reporting by promulgating only the

minimum requirements needed to

document continuous compliance with

the emission limits.

List of Subjects

40 CFR Part 9

Environmental protection, Reporting

and recordkeeping requirements.

40 CFR Part 63

Air pollution control, Hazardous

substances, Incorporation by reference,

Reporting and recordkeeping

requirements, Secondary lead smelters.

Dated: May 31, 1995.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, title 40, chapter I, of the Code

of Federal Regulations is amended as

follows:

PART 9—[AMENDED]

1. The authority citation for part 9

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y;

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321,

1326, 1330, 1344, 1345 (d) and (e), 1361; E.O.

11735, 38 FR 21243, 3 CFR, 1971–1975

Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246,

300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4,

300g–5, 300g–6, 300j–1, 300j–2, 300j–3, 300j–

4, 300j–9, 1857 et seq., 6901–6992k, 7401–

7671q, 7542, 9601–9657, 11023, 11048.

2. Section 9.1 is amended by adding

a new entry to the table under the

indicated heading to read as follows:

§ 9.1 OMB approvals under the Paperwork

Reduction Act.

* * * * *

40 CFR citation OMB control No.

* * * * *

National Emission Standards for Hazardous

Air Pollutants for Source Categories 3

* * * * *

63.548–63.550 2060–0296

* * * * *

3The ICRs referenced in this section of the

Table encompass the applicable general provisions contained in 40 CFR part 63, subpart A,

which are not independent information collection requirements.

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

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

2. Part 63 is amended by adding

subpart X to read as follows:

Subpart X—National Emission Standards

for Hazardous Air Pollutants From

Secondary Lead Smelting

Sec.

63.541 Applicability.

63.542 Definitions.

63.543 Standards for process sources.

63.544 Standards for process fugitive

sources.

63.545 Standards for fugitive dust sources.

63.546 Compliance dates.

63.547 Test methods.

63.548 Monitoring requirements.

63.549 Notification requirements.

63.550 Recordkeeping and reporting

requirements.
Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32595

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 XComment

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

systems that include, but are not limited

to, devices using triboelectric, light

scattering, and other effects to monitor

relative or absolute particulate matter

emissions.

Battery breaking area means the plant

location at which lead-acid batteries are

broken, crushed, or disassembled and

separated into components.

Blast furnace means a smelting

furnace consisting of a vertical cylinder

atop a crucible, into which lead-bearing

charge materials are introduced at the

top of the furnace and combustion air is

introduced through tuyeres at the

bottom of the cylinder, and that uses

coke as a fuel source and that is

operated at such a temperature in the

combustion zone (greater than 980 °C)

that lead compounds are chemically

reduced to elemental lead metal.

Blast furnace charging location means

the physical opening through which raw

materials are introduced into a blast

furnace.

Dryer means a chamber that is heated

and that is used to remove moisture

from lead-bearing materials before they

are charged to a smelting furnace.

Dryer transition piece means the

junction between a dryer and the charge

hopper or conveyor, or the junction

between the dryer and the smelting

furnace feed chute or hopper located at

the ends of the dryer.

Electric furnace means a smelting

furnace consisting of a vessel into which

reverberatory furnace slag is introduced

and that uses electrical energy to heat

the reverberatory furnace slag to such a

temperature (greater than 980 °C) that

lead compounds are reduced to

elemental lead metal.

Enclosure hood means a hood that

covers a process fugitive emission

source on the top and on all sides, with

openings only for access to introduce or

remove materials to or from the source

and through which an induced flow of

air is ventilated.

Fugitive dust source means a

stationary source of hazardous air

pollutant emissions at a secondary lead

smelter that is not associated with a

specific process or process fugitive vent

or stack. Fugitive dust sources include,

but are not limited to, roadways, storage

piles, materials handling transfer points,

materials transport areas, storage areas,

process areas, and buildings.

Furnace and refining/casting area

means any area of a secondary lead

smelter in which:

(1) Smelting furnaces are located; or

(2) Refining operations occur; or

(3) Casting operations occur.

Materials storage and handling area

means any area of a secondary lead

smelter in which lead-bearing materials

(including, but not limited to, broken

battery components, slag, flue dust, and

dross) are stored or handled between

process steps including, but not limited

to, areas in which materials are stored

in piles, bins, or tubs, and areas in

which material is prepared for charging

to a smelting furnace.

Partial enclosure means a structure

that incorporates walls or partitions on

at least three sides or three-quarters of

the circumference of an area to screen

the material or process equipment

located therein to prevent the

entrainment of particulate matter into

the air.

Pavement cleaning means the use of

vacuum equipment, water sprays, or a

combination thereof to remove dust or

other accumulated material from the

paved areas of a secondary lead smelter.

Plant roadway means any area of a

secondary lead smelter that is subject to

vehicle traffic, including traffic by fork

lifts, front-end loaders, or vehicles

carrying whole batteries or cast lead

ingots. Excluded from this definition are

employee and visitor parking areas,

provided they are not subject to traffic

by vehicles carrying lead-bearing

materials.

Process fugitive emission source

means a source of hazardous air

pollutant emissions at a secondary lead

smelter that is associated with lead

smelting or refining but is not the

primary exhaust stream from a smelting

furnace and is not a fugitive dust source.

Process fugitive sources include, but are

not limited to, smelting furnace

charging points, smelting furnace lead

and slag taps, refining kettles,

agglomerating furnaces, and drying kiln

transition pieces.

Refining kettle means an open-top

vessel that is constructed of cast iron or

steel and is indirectly heated from

below and contains molten lead for the

purpose of refining and alloying the

lead. Included are pot furnaces,

receiving kettles, and holding kettles.

Reverberatory furnace means a

refractory-lined furnace that uses one or

more flames to heat the walls and roof

of the furnace and lead-bearing scrap to

such a temperature (greater than 980 oC)

that lead compounds are chemically

reduced to elemental lead metal.

Rotary furnace (also known as a rotary

reverberatory furnace) means a furnace

consisting of a refractory-lined chamber

that rotates about a horizontal axis and

that uses one or more flames to heat the

walls of the furnace and lead-bearing

scrap to such a temperature (greater

than 980 oC) that lead compounds are

chemically reduced to elemental lead

metal.

Secondary lead smelter means any

facility at which lead-bearing scrap

material, primarily but not limited to

lead-acid batteries, is recycled into

elemental lead by smelting.
32596 Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations

Smelting means the chemical

reduction of lead compounds to lead

metal in high-temperature furnaces

including, but not limited to, blast

furnaces, reverberatory furnaces, rotary

furnaces, and electric furnaces.

Total enclosure means a building with

a roof and walls or partitions on all

sides or the entire circumference to

shelter the materials and/or process

equipment located therein to prevent

the entrainment of particulate matter

into the air and with openings only to

allow access and egress for people and

vehicles.

Vehicle wash means a device for

removing dust and other accumulated

material from the wheels, body, and

underside of a vehicle to prevent the

inadvertent transfer of leadcontaminated 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 and

reverberatory furnace combines the blast

furnace charging process fugitive

emissions with the blast furnace process

emissions and discharges them to the

atmosphere through a common emission

point, then compliance with the

applicable total hydrocarbon

concentration limit under paragraph (c)

of this section shall be determined

downstream from the point at which the

two emission streams are combined.

(g) If the owner or operator of a blast

furnace or a collocated blast and

reverberatory furnace does not combine

the blast furnace charging process

fugitive emissions with the blast furnace

process emissions and discharges such

emissions to the atmosphere through

separate emission points, then the total

hydrocarbon emission rate for the blast

furnace process fugitive emissions shall

not be greater than 0.20 kilograms per

hour (0.44 pounds per hour).

(h) The standards for process sources

are summarized in table 2.

TABLE 2.—SUMMARY OF STANDARDS FOR PROCESS SOURCES

Furnace configuration

Lead compounds (milligrams per

dry standard cubic

meter)

Total hydrocarbons Citation

Collocated reverberatory/blast (when both furnaces

operating).

2.0 20 parts per million by volume 1 ............................... § 63.543 (a), (c).

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

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

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

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

0.20 kilograms per hour 3 .......................................... § 63.543(g).

Reverberatory, rotary, and electric ............................ 2.0 None .......................................................................... § 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 by complying with either

paragraph (b) or (c) of this section.

(1) Smelting furnace and dryer

charging hoppers, chutes, and skip

hoists;
Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32597

(2) Smelting furnace lead taps and

molds;

(3) Smelting furnace slag taps and

molds;

(4) Refining kettles;

(5) Dryer transition pieces; and

(6) Agglomerating furnace product

taps.

(b) All process fugitive emission

sources listed in paragraphs (a)(1)

through (a)(6) of this section shall be

controlled by an enclosure hood

meeting the requirements of paragraphs

(b)(1), (b)(2), or (b)(3) of this section

except those meeting the requirements

of paragraph (c) of this section. All

enclosure hoods shall be ventilated to a

control device that shall not discharge

to the atmosphere any gases that contain

lead compounds in excess of 2.0

milligrams of lead per dry standard

cubic meter (0.00087 grains of lead per

dry standard cubic foot).

(1) All process fugitive enclosure

hoods except those specified for refining

kettles and dryer transition pieces shall

be ventilated to maintain a face velocity

of at least 90 meters per minute (300 feet

per minute) at all hood openings.

(2) Process fugitive enclosure hoods

required for refining kettles in

paragraph (a) of this section shall be

ventilated to maintain a face velocity of

at least 75 meters per minute (250 feet

per minute).

(3) Process fugitive enclosure hoods

required over dryer transition pieces in

paragraph (a) of this section shall be

ventilated to maintain a face velocity of

at least 110 meters per minute (350 feet

per minute).

(c) All process fugitive emission

sources listed in paragraphs (a)(1)

through (a)(6) of this section except

those controlled by hoods meeting the

requirements of paragraphs (b)(1)

through (b)(3) of this section shall be

located in a total enclosure that is

ventilated to achieve an air velocity into

the enclosure at all doorway openings of

not less than 75 meters per minute (250

feet per minute). This enclosure shall be

ventilated to a control device that shall

not discharge to the atmosphere any

gases that contain lead compounds in

excess of 2.0 milligrams of lead per dry

standard cubic meter (0.00087 grains

per dry standard cubic foot).

(d) All dryer emission vents and

agglomerating furnace emission vents

shall be ventilated to a control device

that shall not discharge to the

atmosphere any gases that contain lead

compounds in excess of 2.0 milligrams

of lead per dry standard cubic meter

(0.00087 grains per dry standard cubic

foot).

(e) The standards for process fugitive

sources are summarized in table 3.

TABLE 3.—SUMMARY OF STANDARDS FOR PROCESS FUGITIVE SOURCES

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)

Smelting furnace lead taps and molds ................................................................... 2.0 1 90 § 63.544(b)

Smelting furnace slag taps and molds ................................................................... 2.0 1 90 § 63.544(b)

Refining kettles ....................................................................................................... 2.0 1 75 § 63.544(b)

Dryer transition pieces ............................................................................................ 2.0 1 110 § 63.544(b)

Agglomerating furnace process vents and product taps ........................................ 2.0 1 90 § 63.544(b)

Control Option II:

Enclosed building ventilated to a control device .................................................... 2.0 2 75 § 63.544(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.

2Building doorway air velocity measured at all doorways that are normally open during operations.

§ 63.545 Standards for fugitive dust

sources.

(a) Each owner or operator of a

secondary lead smelter shall prepare

and at all times operate according to a

standard operating procedures manual

that describes in detail the measures

that will be put in place to control

fugitive dust emission sources within

the areas of the secondary lead smelter

listed in paragraphs (a)(1) through (a)(5)

of this section.

(1) Plant roadways;

(2) Battery breaking area;

(3) Furnace area;

(4) Refining and casting area; and

(5) Materials storage and handling

area.

(b) The standard operating procedures

manual shall be submitted to the

Administrator or delegated authority for

review and approval.

(c) The controls specified in the

standard operating procedures manual

shall at a minimum include the

requirements of paragraphs (c)(1)

through (c)(5) of this section.

(1) Plant roadways—paving of all

areas subject to vehicle traffic and

pavement cleaning twice per day of

those areas, except on days when

natural precipitation makes cleaning

unnecessary or when sand or a similar

material has been spread on plant

roadways to provide traction on ice or

snow.

(2) Battery breaking area—partial

enclosure of storage piles, wet

suppression applied to storage piles

with sufficient frequency and quantity

to prevent the formation of dust, and

pavement cleaning twice per day; or

total enclosure of the battery breaking

area in a structure meeting the

requirements of 40 CFR 265.1101(a) and

(c) and ventilation of the enclosure to a

control device.

(3) Furnace area—partial enclosure

and pavement cleaning twice per day; or

total enclosure in a structure meeting

the requirements of 40 CFR 265.1101(a)

and (c) and ventilation of the enclosure

to a control device.

(4) Refining and casting area—partial

enclosure and pavement cleaning twice

per day; or total enclosure in a structure

meeting the requirements of 40 CFR

265.1101(a) and (c) and ventilation of

the enclosure to a control device.
32598 Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations

(5) Materials storage and handling

area—partial enclosure of storage piles,

wet suppression applied to storage piles

with sufficient frequency and quantity

to prevent the formation of dust, vehicle

wash at each exit from the area, and

paving of the area; or total enclosure of

the area in a structure meeting the

requirements of 40 CFR 265.1101(a) and

(c) and ventilation of the enclosure to a

control device and a vehicle wash at

each exit.

(d) The standard operating procedures

manual shall require that daily records

be maintained of all wet suppression,

pavement cleaning, and vehicle washing

activities performed to control fugitive

dust emissions.

(e) No owner or operator of a

secondary lead smelter shall discharge

or cause to be discharged into the

atmosphere from any building or

enclosure ventilation system any gases

that contain lead compounds in excess

of 2.0 milligrams of lead per dry

standard cubic meter (0.00087 grains of

lead per dry standard cubic foot).

§ 63.546 Compliance dates.

(a) Each owner or operator of an

existing secondary lead smelter shall

achieve compliance with the

requirements of this subpart no later

than June 23, 1997.

(b) Each owner or operator of a

secondary lead smelter that commences

construction or reconstruction after June

9, 1994, shall achieve compliance with

the requirements of this subpart by June

23, 1995 or upon startup of operations,

whichever is later.

§ 63.547 Test methods.

(a) The following test methods in

appendix A of part 60 of this chapter in

paragraphs (a)(1) through (a)(5) of this

section shall be used to determine

compliance with the emission standards

for lead compounds under §§ 63.543(a),

63.544(b), (c), and (d), and 63.545(e):

(1) Method 1 shall be used to select

the sampling port location and the

number of traverse points.

(2) Method 2 shall be used to measure

volumetric flow rate.

(3) Method 3 shall be used for gas

analysis to determine the dry molecular

weight of the stack gas.

(4) Method 4 shall be used to

determine moisture content of the stack

gas.

(5) Method 12 shall be used to

determine compliance with the lead

compound emission standards. The

minimum sample volume shall be 0.85

dry standard cubic meters (30 dry

standard cubic feet) and the minimum

sampling time shall be 60 minutes for

each run. Three runs shall be performed

and the average of the three runs shall

be used to determine compliance.

(b) The following test methods in

appendix A of part 60 listed in

paragraphs (b)(1) through (b)(5) of this

section shall be used, as specified, to

determine compliance with the

emission standards for total

hydrocarbons under § 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).

(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 the

following equation:

F

CO

= 4.0

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) and (c)

for process fugitive enclosure hoods

shall be determined by the following

test methods in paragraph (d)(1) or

(d)(2) of this section.

(1) Owners and operators shall

calculate face velocity using the

procedures in paragraphs (d)(1)(i)

through (d)(1)(iv) of this section.

(i) Method 1 shall be used to select

the sampling port location in the duct

leading from the process fugitive

enclosure hood to the control device.

(ii) Method 2 shall be used to measure

the volumetric flow rate in the duct

from the process fugitive enclosure

hood to the control device.

(iii) The face area of the hood shall be

determined from measurement of the

hood. If the hood has access doors, then

face area shall be determined with the

access doors in the fully open position.

(iv) Face velocity shall be determined

by dividing the volumetric flow rate

determined in paragraph (d)(1)(ii) of this

section by the total face area for the

hood determined in paragraph (d)(1)(iii)

of this section.

(2) The face velocity shall be

measured directly using the procedures

in paragraphs (d)(2)(i) through (d)(2)(vi)

of this section.

(i) A propeller anemometer or

equivalent device shall be used to

measure hood face velocity.

(ii) The propeller of the anemometer

shall be made of a material of uniform

density and shall be properly balanced

to optimize performance.

(iii) When the anemometer is

mounted with the propeller shaft in a

horizontal position, the threshold

velocity of the anemometer shall not

exceed 15 meters per minute (50 feet per

minute) as determined by a procedure

equivalent to that in Method 14 of

appendix A of part 60.

(iv) The measurement range of the

anemometer shall extend to at least 300

meters per minute (1,000 feet per

minute).

(v) A known relationship shall exist

between the anemometer signal output

and air velocity, and the anemometer

must be equipped with a suitable

readout system.

(vi) Hood face velocity shall be

determined for each hood during
Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32599

normal operation with all access doors

in the open position and by placing the

anemometer in the plane of the hood

opening.

(e) Owners and operators shall

measure doorway air velocity to

determine compliance with the doorway

velocity requirement for enclosed

buildings in § 63.544(c) using the

procedures in paragraphs (e)(1) and

(e)(2) of this section.

(1) Owners and operators shall use a

propeller anemometer or equivalent

device meeting the requirements of

paragraphs (d)(2)(ii) through (d)(2)(v) of

this section.

(2) Doorway air velocity into the

building shall be determined for each

doorway in the open position during

normal operation by placing the

anemometer in the plane of the doorway

opening.

§ 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)(12) of this section.

(1) Daily monitoring of pressure drop

across each baghouse cell.

(2) Daily visual observation of

baghouse discharge or stack.

(3) Daily visual inspection to ensure

that dust is being removed from

hoppers.

(4) Daily check of compressed air

supply for pulse-jet baghouses.

(5) Daily visual inspection of isolation

dampers for proper operation.

(6) Daily monitoring of cleaning cycle

by observing meters or control panel

instrumentation.

(7) Weekly visual inspection of bag

cleaning mechanisms for proper

functioning.

(8) Weekly check of bag tension on

reverse air and shaker type baghouses.

(9) Monthly visual inspection of

baghouse interior for air leaks.

(10) Monthly inspection of bags and

bag connections.

(11) Monthly inspection of fans for

wear, material buildup, and corrosion.

(12) Continuous operation of a bag

leak detection system.

(d) The procedures specified in the

standard operating procedures manual

for maintenance shall, at a minimum,

include a preventative maintenance

schedule that is consistent with the

baghouse manufacturer’s instructions

for routine and long-term maintenance.

(e) The bag leak detection system

required by paragraph (c)(12) of this

section, shall meet the specifications

and requirements of paragraphs (e)(1)

through (e)(5) of this section.

(1) The bag leak detection system

must be capable of detecting particulate

matter emissions at concentrations of

1.0 milligram per actual cubic meter

(0.00044 grains per actual cubic foot) or

less.

(2) The bag leak detection system

sensor must provide output of relative

or absolute particulate matter emissions.

(3) The bag leak detection system

must be equipped with an alarm system

that will alarm when an increase in

particulate emissions is detected.

(4) For negative pressure or induced

air baghouses, the bag leak detector

must be installed downstream of the

baghouse and upstream of any wet acid

gas scrubber. For positive pressure

baghouses, a bag leak detector must be

installed in each baghouse compartment

or cell. Where multiple detectors are

required, the system’s instrumentation

and alarm may be shared among

detectors.

(5) The bag leak detection system

shall be installed and operated in a

manner consistent with available

guidance from the U.S. Environmental

Protection Agency or, in the absence of

such guidance, the manufacturer’s

written specifications and

recommendations for installation,

operation, and calibration of the system.

The calibration of the system shall, at a

minimum, consist of establishing the

relative baseline output level by

adjusting the sensitivity and the

averaging period of the device, and

establishing the alarm set points and the

alarm delay time. The system must be

fully operational at the time of the

initial lead compliance test required to

demonstrate compliance with the

applicable lead emission standard under

§§ 63.543, 63.544, or 63.545. The owner

or operator shall not adjust the

sensitivity, averaging period, alarm set

points, or alarm delay time after the

initial lead compliance test unless a test

is performed to demonstrate compliance

with the applicable lead emission

standard after the adjustments are made.

(f) The standard operating procedures

manual required by paragraph (a) of this

section shall include a corrective action

plan that specifies the procedures to be

followed in the case of a bag leak

detection system alarm. The corrective

action plan shall include, at a

minimum, the procedures used to

determine and record the time and

cause of the alarm as well as the

corrective actions taken to correct the

control device malfunction or minimize

emissions as specified in paragraphs

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

(1) The procedures used to determine

the cause of the alarm must be initiated

within 30 minutes of the alarm.

(2) The cause of the alarm must be

alleviated by taking the necessary

corrective action(s) which may include,

but not be limited to, paragraphs (f)(1)(i)

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

(i) Inspecting the baghouse for air

leaks, torn or broken filter elements, or

any other malfunction that may cause

an increase in emissions.

(ii) Sealing off defective bags or filter

media.

(iii) Replacing defective bags or filter

media, or otherwise repairing the

control device.

(iv) Sealing off a defective baghouse

compartment.

(v) Cleaning the bag leak detection

system probe, or otherwise repairing the

bag leak detection system.

(vi) Shutting down the process

producing the particulate emissions.

(g) The owner or operator of a

secondary lead smelter that uses a wet

scrubber to control particulate matter

and metal hazardous air pollutant

emissions from a process fugitive source

shall monitor and record the pressure

drop and water flow rate of the wet

scrubber during the initial test to

demonstrate compliance with the lead

emission limit under § 63.544(d).

Thereafter, the owner or operator shall

monitor and record the pressure drop

and water flow rate at least once every

hour and shall maintain the pressure

drop and water flow rate no lower than

30 percent below the pressure drop and

water flow rate measured during the

initial compliance test.

(h) The owner or operator of a blast

furnace or collocated reverberatory and

blast furnace subject to the total

hydrocarbon standards in § 63.543(c),

(d), or (e), must comply with the

requirements of either paragraph (h)(1)

or (h)(2) of this section, to demonstrate
32600 Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations

continuous compliance with the total

hydrocarbon emission standards.

(1) Continuous Temperature

Monitoring—(i) The owner or operator

of a blast furnace or a collocated

reverberatory furnace and blast furnace

subject to the total hydrocarbon

emission standards in § 63.543(c), (d), or

(e) shall install, calibrate, maintain, and

continuously operate a device to

monitor and record the temperature of

the afterburner or the combined blast

furnace and reverberatory furnace

exhaust streams consistent with the

requirements for continuous monitoring

systems in subpart A, General

Provisions.

(ii) The owner or operator of a blast

furnace or a collocated reverberatory

furnace and blast furnace subject to the

total hydrocarbon emission standards

shall monitor and record the

temperature of the afterburner or the

combined blast furnace and

reverberatory furnace exhaust streams

every 15 minutes during the total

hydrocarbon compliance test and

determine an arithmetic average for the

recorded temperature measurements.

(iii) To remain in compliance with the

standards for total hydrocarbons, the

owner or operator must maintain an

afterburner or combined exhaust

temperature such that the average

temperature in any 3-hour period does

not fall more than 28 °C (50 °F) below

the average established in paragraph

(h)(1)(ii) of this section. An average

temperature in any 3-hour period that

falls more than 28 °C (50 °F) below the

average established in paragraph

(h)(1)(ii) of this section, shall constitute

a violation of the applicable emission

standard for total hydrocarbons under

§ 63.543(c), (d), or (e).

(2) Continuous Monitoring of Total

Hydrocarbon Emissions—

(i) The owner or operator of a

secondary lead smelter shall install,

operate, and maintain a total

hydrocarbon continuous monitoring

system and comply with all of the

requirements for continuous monitoring

systems found in subpart A, General

Provisions.

(ii) Allowing the 3-hour average total

hydrocarbon concentration to exceed

the applicable total hydrocarbon

emission limit under § 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 the these plans and procedures.

Owners or operators of existing

secondary lead smelters shall submit

this notification no later than December

23, 1996. The owner or operator of a

secondary lead smelter that commences

construction or reconstruction after June

9, 1994, shall submit this notification no

later than 180 days before startup of the

constructed or reconstructed secondary

lead smelter, but no sooner than June

23, 1995.

§ 63.550 Recordkeeping and reporting

requirements.

(a) Each owner or operator of a

secondary lead smelter shall maintain

for a period of 5 years, records of the

information listed in paragraphs (a)(1)

through (a)(8) of this section.

(1) The results of initial and

subsequent compliance tests for lead

compounds and total hydrocarbons.

(2) An identification of the date and

time of all bag leak detection system

alarms, their cause, and an explanation

of the corrective actions taken.

(3) If an owner or operator chooses to

demonstrate continuous compliance

with the total hydrocarbon emission

standards under § 63.543(c), (d), or (e)

by employing the method allowed in

§ 63.548(h)(1), the records shall include

the output from the continuous

temperature monitor, an identification

of periods when the 3-hour average

temperature fell below the minimum

established under § 63.548(h)(1), and an

explanation of the corrective actions

taken.

(4) If an owner or operator chooses to

demonstrate continuous compliance

with the total hydrocarbon emission

standard under § 63.543(c), (d), or (e) by

employing the method allowed in

§ 63.548(h)(2), the records shall include

the output from the total hydrocarbon

continuous monitoring system, an

identification of the periods when the 3-

hour average total hydrocarbon

concentration exceeded the applicable

standard and an explanation of the

corrective actions taken.

(5) Records of maintenance,

calibration, or other procedures required

by this rule for any monitoring system

used to demonstrate compliance with an

applicable requirement.

(6) Any recordkeeping required as

part of the practices described in the

standard operating procedures manual

required under § 63.545(a) for the

control of fugitive dust emissions.

(7) Any recordkeeping required as

part of the practices described in the

standard operating procedures manual

for baghouses required under

§ 63.548(a).

(8) Records of the pressure drop and

water flow rate for wet scrubbers used

to control metal hazardous air pollutant

emissions from process fugitive sources.

(b) The owner or operator of a

secondary lead smelter shall comply

with all of the reporting requirements

under § 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) The reports required under

paragraph (b) of this section shall

include the information specified in

paragraphs (c)(1) through (c)(6) of this

section.

(1) The report shall include records of

all alarms from the bag leak detection

system specified in § 63.548(e).

(2) The report 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 report shall include the

information specified in either

paragraph (c)(3)(i) or (c)(3)(ii) of this

section, consistent with the monitoring

option selected under § 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(h)(1) fell below the level

established in § 63.548(h)(1).

(ii) A record of the total hydrocarbon

concentration, in 3-hour block averages,

for those periods when the total

hydrocarbon concentration being

monitored pursuant to § 63.548(h)(2)

exceeds the relevant limits established

in § 63.543(c), (d), and (e).

(4) The reports required under

paragraph (b) of this section shall

contain a summary of the records

maintained as part of the practices

described in the standard operating

procedures manual for baghouses

required under § 63.548(a) including an

explanation of the periods when the
Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32601

procedures were not followed and the

corrective actions taken.

(5) The reports required under

paragraph (b) of this section shall

contain an identification of the periods

when the pressure drop and water flow

rate of wet scrubbers used to control

process fugitive sources dropped below

the levels established in § 63.548(g) and

an explanation of the corrective actions

taken.

(6) The reports required under

paragraph (b) of this section shall

contain a summary of the fugitive dust

control measures performed during the

required reporting period, including an

explanation of the periods when the

procedures outlined in the standard

operating procedures manual pursuant

to § 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. 95–14908 Filed 6–22–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[IA–15–1–6829a; FRL–5210–5]

Approval and Promulgation of

Implementation Plans; State of Iowa

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This final action approves the

State Implementation Plan (SIP)

revision submitted by the state of Iowa.

The revision includes special

requirements for nonattainment areas,

compliance and enforcement

information, and adoption of EPA

definitions. These revisions strengthen

the SIP with respect to attainment and

maintenance of established air quality

standards.

DATES: This action will be effective

August 22, 1995 unless by July 24, 1995

adverse or critical comments are

received.

ADDRESSES: Comments may be mailed to

Christopher D. Hess, Environmental

Protection Agency, Air Branch, 726

Minnesota Avenue, Kansas City, Kansas

66101. Copies of the documents relevant

to this action are available for public

inspection during normal business

hours at the: Environmental Protection

Agency, Air Branch, 726 Minnesota

Avenue, Kansas City, Kansas 66101; and

EPA Air & Radiation Docket and

Information Center, 401 M Street, SW,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Christopher D. Hess at (913) 551–7213.

SUPPLEMENTARY INFORMATION: The state

of Iowa operates a Federally approved

SIP that implements various

requirements of the Clean Air Act (Act)

and the Code of Federal Regulations

(CFR). Since the initial approval of its

SIP in 1972, numerous revisions and

updates have been made in response to

Federal requirements.

In accordance with 40 CFR 51.103,

the state of Iowa has requested approval

of two SIP revisions under the authority

and signature of the Governor’s

designee, Larry J. Wilson, Director, Iowa

Department of Natural Resources

(IDNR). Requests were received by the

EPA on October 18, 1994, and January

26, 1995. Both of these submittals were

deemed complete in accordance with

the criteria specified in 40 CFR part 51,

appendix V. The state has provided

evidence of the lawful adoption of

regulations, public notice, and public

hearing requirements for each submittal.

Rule Revisions

A. Special Requirements for

Nonattainment Areas

The state of Iowa currently has one

nonattainment area, in Muscatine for

SO2. In response to the requirements of

the Act, as amended in 1990, the state

has adopted the following rules.

1. In IAC 567–22.5 (1), the state

amends its definition of ‘‘major

stationary source’’ to conform to the

requirements of Part D of the Act. The

Act provides, in general, that a source

which emits, or has the potential to

emit, 100 tons per year or more of a

regulated pollutant is a major source.

Part D provides lower cutoff levels for

some nonattainment areas, depending

on the classification of the area.

Specifically, in response to the

following cited sections of the Act, the

state has added the major source

emissions thresholds for the following

pollutants: Ozone precursors (section

182), ozone precursors in ozone

transport regions (section 184), carbon

monoxide (section 186), and PM10

(section 188).

2. In subrule 22.5(1)’’f’’(2), the state

also amends the definition of ‘‘net

emissions increase’’ as it relates to major

sources for nonattainment areas.

Previously, a net emissions increase was

considered contemporaneous with the

particular change if it occurred between

January 1, 1978, and the date that the

increase from the particular change

occurred. The state now uses a date five

years before construction of the

particular change rather than the fixed

date of January 1, 1978.

This revision, although not required

as a result of the 1990 Amendments to

the Act, is consistent with the EPA’s

requirements at 40 CFR 51.165(a)(1)(vi)

relating to calculation of net emissions

increases for permitting applicability

purposes.

3. In subrule 22.5(1)’’m,’’ the state has

expanded its definition of ‘‘enforceable

permit condition’’ to include

requirements of Title V operating

permits. This recognizes that limitations

in those operating permits will qualify

as federally enforceable restrictions

which can be utilized in determining

source applicability in the state’s

permitting programs.

4. In subrule 22.5(2), the state updates

its emission offset applicability

provisions to conform with the

requirements of the 1990 Amendments.

In particular:

a. The reference to 40 CFR 81.316 is

updated to include amendments

through March 10, 1994, pertaining to

particulate matter nonattainment areas.

b. In this same subrule, the state

deletes the provision that previously

allowed the director to relieve an

applicant from the obligation of

continuing to implement offset

requirements of a nonattainment

construction permit if an area is

subsequently redesignated attainment or

unclassified. This measure is necessary

to help ensure maintenance of the air

quality standards after an area is

redesignated to attainment.

c. The state deletes the reference to

secondary standard particulate matter

nonattainment areas. This reflects the

fact that the current particulate matter

standards are the same for the primary

and secondary standards.

d. The state adds a requirement for

offsets in sulfur dioxide (SO2)

nonattainment areas in subrule 22.5(2)b.

As discussed in more detail below, EPA

has determined that this addition

strengthens the SIP and is therefore

approvable.

e. The state also deletes subrule

22.5(2)c which previously provided a

‘‘loophole’’ for sources in secondary

particulate matter nonattainment areas

to claim that offsets were not reasonably

available. This action strengthens the

SIP by requiring sources to achieve

offsets that conform with the Act.

f. Due to the new 22.5(2)b and

deletion of 22.5(2)c, the former 22.5(2)

d, e, and f become 22.5(2) c, d, and e.

5. Rule 22.5(3) previously allowed a

source in a secondary particulate matter

nonattainment area to submit proposals

for emission offsets or a demonstration

that offsets were not reasonably