PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 

FOR SOURCE CATEGORIES 

 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 TTT, to read as follows: 

Subpart TTT--National Emission Standards for Hazardous Air 

Pollutants for Primary Lead Smelting 

Sec. 

63.1541 Applicability. 

63.1542 Definitions. 

63.1543 Standards for process and process fugitive sources. 

63.1544 Standards for fugitive dust sources. 

63.1545 Compliance dates. 

63.1546 Test methods. 

63.1547 Monitoring requirements. 

63.1548 Notification requirements. 

63.1549 Recordkeeping and reporting requirements. 

63.1550 Delegation of authority. 

Subpart TTT--National Emission Standards for Hazardous Air 

Pollutants for Primary Lead Smelting 

Sec. 63.1541 Applicability. 

 (a) The provisions of this subpart apply to apply to any facility engaged 

in producing lead metal from ore concentrates. The category includes, but is 

not limited to, the following smelting processes: sintering, reduction, 

preliminary treatment, refining and casting operations, process fugitive 

sources, and fugitive dust sources. The sinter process includes an updraft 

or downdraft sintering machine. The reduction process includes the blast 

furnace, electric smelting furnace with a converter or reverberatory furnace, 

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and slag fuming furnace process units. The preliminary treatment process 

includes the drossing kettles and dross reverberatory furnace process units. 

The refining process includes the refinery process unit. The provisions of 

this subpart do not apply to secondary lead smelters, lead refiners, or lead 

remelters.. 

 (b) Table 1 of this subpart specifies the provisions of subpart A of this 

part that apply and those that do not apply to owners and operators of 

primary lead processors. 

Sec. 63.1542 Definitions. 

 Terms used in this subpart are defined in the Act, in subpart A of this 

part, or in this section as follows: 

 Affirmative defense means, in the context of an enforcement proceeding, a 

response or defense put forward by a defendant, regarding which the defendant 

has the burden of proof, and the merits of which are independently and 

objectively evaluated in a judicial or administrative proceeding.

 Bag leak detection system means a system that is capable of continuously 

monitoring relative particulate matter (dust) loadings in the exhaust of a 

baghouse in order to detect bag leaks and other upset conditions. A bag leak 

detection system includes, but is not limited to, an instrument that operates 

on triboelectric, light scattering, light transmittance, or other effect to 

continuously monitor relative particulate matter loadings. 

 Blast furnace means any reduction furnace to which sinter is charged and 

which forms separate layers of molten slag and lead bullion. 

 Building means a roofed and walled structure with limited openings to 

allow access and egress for people and vehicles. 

 Charging location means the physical opening through which raw materials 

are introduced into a sinter machine, blast furnace, or dross furnace. 

 Dross furnace means any smelting furnace to which drosses are charged and 

which chemically and physically separates lead from other impurities. 

 Drossing and 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 drossing, refining, or alloying lead. Included are 

pot furnaces, receiving kettles, and holding kettles. 

 Fugitive dust source means a stationary source of hazardous air pollutant 

emissions at a primary lead processor resulting from the handling, storage, 

Deleted: the following affected 

sources at primary lead smelters: 

sinter machine, blast furnace, 

dross furnace, process fugitive 

sources, and fugitive dust sources. 

The provisions of this subpart do 

not apply to secondary lead 

smelters, lead refiners, or lead 

remelters

Deleted: 

Deleted: smelters

Deleted: The following sections of 

part 63 apply to this subpart as 

stated in subpart A and Table 1: 

Sec. 63.1 (Applicability), Sec. 

63.2 (Definitions), Sec. 63.3 

(Units and abbreviations), Sec. 

63.4 (Prohibited activities and 

circumvention), Sec. 63.5 

(Construction and reconstruction), 

Sec. 63.7 (Performance testing 

requirements), Sec. 63.8 

(Monitoring requirements), Sec. 

63.12 (State authority and 

delegations), Sec. 63.13 (Addresses 

of State air pollution control 

agencies and EPA Regional Offices), 

Sec. 63.14 (Incorporations by 

reference), and Sec. 63.15 

(Availability of information 

confidentiality). The following 

sections of part 63 apply to the 

extent specified in this subpart 

and Table 1: Sec. 63.6 (Compliance 

with standards and maintenance 

requirements), Sec. 63.9 

(Notification requirements), and 

Sec. 63.10 (Recordkeeping and 

reporting requirements). Section 

Sec. 63.11 Control device 

requirements) does not apply to 

this subpart.

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Deleted: smelter 
transfer, or other management of lead-bearing materials where the source is 

not associated with a specific process, process vent, or stack. Fugitive dust 

sources include roadways, storage piles, materials handling transfer points, 

and materials transport areas. 

 Furnace area means any area of a primary lead processor in which a blast 

furnace or dross furnace is located. 

 Lead refiner means any facility that refines lead metal that is not 

located at a primary lead processor.

 Lead remelter means any facility that remelts lead metal that is not 

located at a primary lead processor.

 Malfunction means any sudden, infrequent, and not reasonably preventable 

failure of air pollution control and monitoring equipment, process equipment, 

or a process to operate in a normal or usual manner which causes, or has the 

potential to cause, the emission limitations in an applicable standard to be 

exceeded. Failures that are caused in part by poor maintenance or careless 

operation are not malfunctions. 

Failures that are caused in part by poor maintenance or careless operation 

are not malfunctions. 

 Materials storage and handling area means any area of a primary lead 

processor in which lead-bearing materials (including ore concentrate, sinter, 

granulated lead, dross, slag, and flue dust) are stored or handled between 

process steps, including areas in which materials are stored in piles, bins, 

or tubs, and areas in which material is prepared for charging to a sinter 

machine or smelting furnace or other lead processing operation. 

 Operating time means the period of time in hours that an affected source 

is in operation beginning at a startup and ending at the next shutdown. 

 Plant operating time means the period of time in hours that either a 

sinter machine or blast furnace is in operation. 

 Plant roadway means any area of a primary lead processor that is subject 

to vehicle traffic, including traffic by fork lifts, front-end loaders, or 

vehicles carrying ore concentrates 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. 

 Primary lead processor means any facility engaged in the production of 

lead metal from lead sulfide ore concentrates through the use of 

pyrometallurgical or other techniques. 

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 Process fugitive source means a source of hazardous air pollutant 

emissions at a primary lead processor that is associated with lead smelting, 

processing or refining but is not the primary exhaust stream and is not a 

fugitive dust source. Process fugitive sources include sinter machine 

charging locations, sinter machine discharge locations, sinter crushing and 

sizing equipment, furnace charging locations, furnace taps, and drossing 

kettle and refining kettle charging or tapping locations. 

 Refining and casting area means any area of a primary lead processor in 

which drossing or refining operations occur, or casting operations occur. 

 Secondary lead smelter means any facility at which lead-bearing scrap

material, primarily, but not limited to, lead-acid batteries, is recycled 

into elemental lead or lead alloys by smelting.

Shutdown means the cessation of operation of an affected source for any 

purpose. 

 Sinter machine means any device in which a lead sulfide ore concentrate 

charge is heated in the presence of air to eliminate sulfur contained in the 

charge and to agglomerate the charge into a hard porous mass called sinter. 

 Sinter machine area means any area of a primary lead processor where a 

sinter machine, or sinter crushing and sizing equipment is located. 

 Sinter machine discharge end means the physical opening at the end of a 

sinter machine where the sinter exits the sinter machine. 

 Startup means the setting in operation of an affected source for any 

purpose. 

 Tapping location means the opening through which lead and slag are 

removed from the furnace. 

Sec. 63.1543 Standards for process and process fugitive sources. 

 (a) No owner or operator of any existing, new, or reconstructed primary 

lead processor shall discharge or cause to be discharged into the atmosphere 

lead compounds in excess of 0.22 pounds per ton of lead metal produced from 

the aggregation of emissions discharged from the air pollution control 

devices used to control emissions at primary lead processing facilities, 

including the sources listed in paragraphs (a)(1) through (a)(10) of this 

section. 

 (1) Sinter machine; 

 (2) Blast furnace; 

Deleted: Primary lead smelter means 

any facility engaged in the 

production of lead metal from lead 

sulfide ore concentrates through 

the use of pyrometallurgical 

techniques.¶

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Deleted: smelter 

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Deleted: smelter 

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Deleted: 500 grams of lead per 

megagram of lead metal produced 

(1.0 pounds of lead per ton of lead 

metal produced)

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 (3) Dross furnace; 

 (4) Dross furnace charging location; 

 (5) Blast furnace and dross furnace tapping location; 

 (6) Sinter machine charging location; 

 (7) Sinter machine discharge end; 

 (8) Sinter crushing and sizing equipment; and 

 (9) Sinter machine area

 (10) Refining and casting, and furnace area. 

 (b) No owner or operator of any existing, new, or reconstructed primary 

lead processor shall discharge or cause to be discharged into the atmosphere 

lead compounds in excess of 0.91 tons per year from the air pollution control 

devices used to control emissions from furnace area and refining and casting 

operations.

 (c) The process fugitive sources listed in paragraphs (a)(4) through 

(a)(8) of this section must be equipped with a hood and must be ventilated to 

a baghouse or equivalent control device. The hood design and ventilation rate 

must be consistent with American Conference of Governmental Industrial 

Hygienists recommended practices. 

 (d) The sinter machine area must be enclosed in a building that is 

ventilated to a baghouse or equivalent control device at a rate that 

maintains a positive in-draft through any doorway opening. 

 (e) Except as provided in paragraph (f) of this section, following the 

initial test to demonstrate compliance with paragraphs (a) and (b) of this 

section, the owner or operator of a primary lead processor must conduct a 

compliance test for lead compounds on a quarterly basis (no later than 100

days following any previous compliance test). 

 (f) If the 12 most recent compliance tests demonstrate compliance with 

the emission limit specified in paragraphs (a) and (b) of this section, the 

owner or operator of a primary lead processor shall be allowed up to 12 

calendar months from the last compliance test to conduct the next compliance 

test for lead compounds. 

 (g) The owner or operator of a primary lead smelter must maintain and 

operate each baghouse used to control emissions from the sources listed in 

paragraphs (a)(1) through (a)(10) of this section such that the alarm on a 

bag leak detection system required under Sec. 63.1547(c)(8) does not sound 

for more than five percent of the total operating time in a 6-month reporting 

period. 

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 (h) The owner or operator of a primary lead smelter must record the date 

and time of a bag leak detection system alarm and initiate procedures to 

determine the cause of the alarm according to the corrective action plan 

required under Sec. 63.1547(f) within 1 hour of the alarm. The cause of the 

alarm must be corrected as soon as practicable.

 (i) At all times, the owner or operator must operate and maintain any 

affected source, including associated air pollution control equipment and 

monitoring equipment, in a manner consistent with safety and good air 

pollution control practices for minimizing emissions. Determination of 

whether such operation and maintenance procedures are being used will be 

based on information available to the Administrator which may include, but is 

not limited to, monitoring results, review of operation and maintenance 

procedures, review of operation and maintenance records, and inspection of 

the source.

Sec. 63.1544 Standards for fugitive dust sources. 

 (a) No owner or operator of any existing, new or reconstructed primary 

lead processor shall discharge or cause to be discharged into the atmosphere 

lead compounds that cause the concentration of lead in air to exceed 0.15 

μg/m3 on a 3-month rolling average measured at locations approved by the 

Administrator.

 (b) At all times, the owner or operator must operate and maintain any 

affected source, including associated air pollution control equipment and 

monitoring equipment, in a manner consistent with safety and good air 

pollution control practices for minimizing emissions. Determination of 

whether such operation and maintenance procedures are being used will be 

based on information available to the Administrator which may include, but is 

not limited to, monitoring results, review of operation and maintenance 

procedures, review of operation and maintenance records, and inspection of 

the source.

Sec. 63.1545 Compliance dates. 

 (a) Each owner or operator of an existing primary lead processor must

achieve compliance with the requirements of this subpart no later than 

Deleted: g

Deleted: shall 

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Deleted: (9)

Deleted: shall 

Deleted: Each owner or operator of a 

primary 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 emissions 

from the sources listed in 

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

this section:¶

 (1) Plant roadways;¶

 (2) Material storage and 

handling area(s);¶

 (3) Sinter machine area(s);¶

 (4) Furnace area(s); and¶

 (5) Refining and casting 

area(s).¶

 (b) Not withstanding paragraph 

(c) of this section, the standard 

operating procedures manual shall 

be submitted to the Administrator 

or delegated authority for review 

and approval.¶

 (c) Existing manuals that 

describe the measures in place to 

control fugitive dust sources 

required as part of a State 

implementation plan for lead shall 

satisfy the requirements of 

paragraph (a) of this section 

provided they address the sources 

listed in paragraphs (a)(1) through 

(a)(5) of this section.

Deleted: smelter 

Deleted: shall
[INSERT DATE TWO YEARS FROM THE DATE OF PUBLICATION OF THESE AMENDMENTS IN 

THE FEDERAL REGISTER]. 

 (b) Each owner or operator of a primary lead processor must achieve 

compliance with the requirements of this subpart no later than [INSERT DATE 

60 DAYS AFTER PUBLICATION OF THESE AMENDMENTS IN THE FERERAL REGISTER] or 

upon startup, whichever is later. 

Sec. 63.1546 Test methods. 

 (a) The following procedure shall be used to determine quarterly 

compliance with the emissions standard for lead compounds under Sec. 

63.1543(a)and (b) for existing sources: 

 (1) Each owner or operator of existing sources listed in §63.1543(a)(1) 

through (10) must determine the lead compound emissions rate, in units of 

pounds of lead per hour according to the following test methods in appendix A 

of part 60 of this chapter: 

 (i) Method 1 shall be used to select the sampling port location and the 

number of traverse points. 

 (ii) Method 2, 2F, 2G must be used to measure volumetric flow rate. 

 (iii) Method 3, 3A 3B must be used for gas analysis. 

 (iv) Method 4 must be used to determine moisture content of the stack gas 

 (v) Method 12 or Method 29 must be used to determine lead emission rate 

of the stack gas. 

 (2) A performance test shall consist of at least three runs. For each 

test run with Method 12 or Method 29, the minimum sample time must be 60 

minutes and the minimum volume must be 1 dry standard cubic meter (35 dry 

standard cubic feet). 

 (3) Performance tests shall be completed quarterly, once every 3 months, 

to determine compliance.

 (4) The lead emission rate in pounds per quarter is calculated by 

multiplying the quarterly lead emission rate in pounds per hour by the 

quarterly plant operating time, in hours as shown in Equation 1:

 (Eq. 1)

Where: 

 EPb = quarterly lead emissions, pounds per quarter;

 ERPb = quarterly lead emissions rate, pounds per hour; and

 QPOT = quarterly plant operating time, hours per quarter.

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Deleted: May 4, 2001

Deleted: smelter 

Deleted: that commences construction 

or reconstruction after April 17, 

1998, shall

Deleted: by June 4, 1999

Deleted: of operations

Deleted: The lead compound emission 

rate, in units of grams of lead per 

hour, for each source listed in 

Sec. 63.1543(a)(1) through Sec. 

63.1543(a)(9) shall be determined 

according to the following test 

methods in appendix A of part 60 of 

this chapter

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Deleted: the

Deleted: The minimum sample volume 

shall be 0.85 dry standard cubic 

meters (30 dry standard cubic feet) 

and the minimum sampling time shall

Deleted: for each run. Three runs 

shall be performed and the average 

of the three runs shall be used to 

determine compliance

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Deleted: The lead production rate, in 

units of megagrams per hour, shall 

be determined based on production 

data for the previous 12 calendar 

months according to the procedures 

detailed in paragraphs (a)(2)(i) 

through (a)(2)(v) of this section:¶

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Deleted: (
 (5) The lead production rate, in units of tons per quarter, must be 

determined based on production data for the previous quarter according to the 

procedures detailed in paragraphs (a)(5)(i) through (iv) of this section:

 i) Total lead products production multiplied by the fractional lead 

content must be determined in units of tons. 

 (ii) Total copper matte production multiplied by the fractional lead 

content must be determined in units of tons. 

 (iii) Total copper speiss production multiplied by the fractional lead 

content must be determined in units of tons. 

 (iv) Total quarterly lead production must be determined by summing the 

values obtained in paragraphs (a)(5)(i) through (a)(5)(iii) of this section. 

 (6) To determine compliance with the production-based lead compound 

emission rate in §63.1543(a), the quarterly production-based lead compound 

emission rate, in units of pounds of lead emissions per ton of lead produced, 

is calculated as shown in Equation 2 by dividing lead emissions by lead 

production.

 (Eq. 2)

Where :

 CEPb = quarterly production-based lead compound emission rate, in units 

of pounds of lead emissions per ton of lead produced;

 EPb = quarterly lead emissions, pounds per quarter; and

 PPb = quarterly lead production, tons per quarter.

 (7) To determine quarterly compliance with the emissions standard for 

lead compounds under §63.1543(b), sum the lead compound emission rates for 

the current and previous three quarters for the sources in §63.1543 (a)(10) 

to determine compliance with §63.1543(b), as determined in accordance with 

paragraphs (a)(1) through (a)(4) of this section.

 (b) Owner and operators must perform an initial compliance test to 

demonstrate compliance with the sinter building in-draft requirements of Sec. 

63.1543(d) at each doorway opening in accordance with paragraphs (b)(1) 

through (b)(4) of this section. 

 (1) Use a propeller anemometer or equivalent device. 

 (2) Determine doorway in-draft by placing the anemometer in the plane of 

the doorway opening near its center. 

 (3) Determine doorway in-draft for each doorway that is open during 

normal operation with all remaining doorways in their customary position 

during normal operation. 

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Deleted: (v) The lead production 

rate, in units of megragrams per 

hours, shall be calculated based on 

the total lead production, as 

determined in accordance with 

paragraph (a)(2)(iv) of this 

section, divided by the total plant 

operating time, in hours, for the 

previous 12 months.¶

 

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Deleted: The sum of lead compound 

emission rates for the sources in 

Sec. 63.1543(a)((1) through (a)(9), 

as determined in accordance with 

paragraph (a)(1) of this section, 

shall be divided by the lead 

production rate, as determined in 

accordance with paragraph (a)(2)(v) 

of this section, to obtain a 

production-based, lead compound 

emission rate in units of grams of 

lead per megagram of lead metal 

produced. The production-based, 

lead compound emission rate shall 

be used to determine compliance 

with the emissions standard for 

lead compounds under Sec. 

63.1543(a).¶

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Deleted: c
 (4) Do not determine doorway in-draft when ambient wind speed exceeds 2 

meters per second.

 (c) Performance tests shall be conducted under such conditions as the 

Administrator specifies to the owner or operator based on representative 

performance of the affected source for the period being tested. Upon 

request, the owner or operator shall make available to the Administrator such 

records as may be necessary to determine the conditions of performance tests.

Sec. 63.1547 Monitoring requirements. 

 (a) Owners and operators of primary lead smelters must prepare, and at 

all times operate according to, a standard operating procedures manual that 

describes in detail the procedures for inspection, maintenance, and bag leak 

detection and corrective action for all baghouses that are used to control 

process, process fugitive, or fugitive dust emissions from any source subject 

to the lead emission standards in Secs. 63.1543 and 63.1544, including those 

used to control emissions from general ventilation systems. 

 (b) The standard operating procedures manual for baghouses required by 

paragraph (a) of this section must 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 must, at a minimum, include the 

requirements of paragraphs (c)(1) through (c)(8) of this section. 

 (1) Weekly confirmation that dust is being removed from hoppers through 

visual inspection or equivalent means of ensuring the proper functioning of 

remova23) Daily check of compressed air supply for pulse-jet baghouses. 

 (3) An appropriate methodology for monitoring cleaning cycles to ensure 

proper operation. 

 (4) Monthly check of bag cleaning mechanisms for proper functioning 

through visual inspection or equivalent means. 

 (5) Quarterly visual check of bag tension on reverse air and shaker-type 

baghouses to ensure that bags are not kinked (kneed or bent) or laying on 

their sides. Such checks are not required for shaker-type baghouses using 

self-tensioning (spring loaded) devices. 

 (6) Quarterly confirmation of the physical integrity of the baghouse 

through visual inspection of the baghouse interior for air leaks. 

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Deleted: (1) Daily monitoring of 

pressure drop across each baghouse 

cell to ensure pressure drop is 

within the normal operating range 

identified in the standard 

operating procedures manual.¶

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 (

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 (7) Quarterly inspection of fans for wear, material buildup, and 

corrosion through visual inspection, vibration detectors, or equivalent 

means. 

 (8) Except as provided in paragraph (h) of this section, continuous 

operation of a bag leak detection system. 

 (d) The procedures specified in the standard operating procedures manual 

for maintenance must, 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)(8) of this 

section shall meet the specifications and requirements of (e)(1) through 

(e)(8) of this section. 

 (1) The bag leak detection system must be certified by the manufacturer 

to be capable of detecting particulate matter emissions at concentrations of 

10 milligram per actual cubic meter (0.0044 grains per actual cubic foot) or 

less. 

 (2) The bag leak detection system sensor must provide output of relative 

particulate matter loadings, and the owner or operator shall continuously 

record the output from the bag leak detection system. 

 (3) The bag leak detection system must be equipped with an alarm system 

that will sound when an increase in relative particulate loading is detected 

over a preset level, and the alarm must be located such that it can be heard 

by the appropriate plant personnel. 

 (4) Each bag leak detection system that works based on the triboelectric 

effect shall be installed, calibrated, and maintained in a manner consistent 

with guidance provided in the U.S. Environmental Protection Agency guidance 

document ``Fabric Filter Bag Leak Detection Guidance'' (EPA-454/R-98-015). 

Other bag leak detection systems shall be installed, calibrated, and 

maintained in a manner consistent with the manufacturer's written 

specifications and recommendations. 

 (5) The initial adjustment of the system shall, at a minimum, consist of 

establishing the baseline output by adjusting the sensitivity (range) and the 

averaging period of the device, and establishing the alarm set points and the 

alarm delay time. 

 (6) Following initial adjustment, the owner or operator shall not adjust 

the sensitivity or range, averaging period, alarm set points, or alarm delay 

time, except as detailed in the approved SOP required under paragraph (a) of 

this section. In no event shall the sensitivity be increased by more than 100 

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percent or decreased more than 50 percent over a 365-day period unless a 

responsible official certifies that the baghouse has been inspected and found 

to be in good operating condition. 

 (7) For negative pressure, induced air baghouses, and positive pressure 

baghouses that are discharged to the atmosphere through a stack, the bag leak 

detector must be installed downstream of the baghouse and upstream of any wet 

acid gas scrubber. 

 (8) Where multiple detectors are required, the system's instrumentation 

and alarm may be shared among detectors. 

 (f) The standard operating procedures manual required by paragraph (a) of 

this section must include a corrective action plan that specifies the 

procedures to be followed in the event of a bag leak detection system alarm. 

The corrective action plan must include, at minimum, procedures to be used to 

determine the cause of an alarm, as well as actions to be taken to minimize 

emissions, which may include, but are not limited to, the following. 

 (1) Inspecting the baghouse for air leaks, torn or broken bags or filter 

media, or any other condition that may cause an increase in emissions. 

 (2) Sealing off defective bags or filter media. 

 (3) Replacing defective bags or filter media, or otherwise repairing the 

control device. 

 (4) Sealing off a defective baghouse compartment. 

 (5) Cleaning the bag leak detection system probe, or otherwise repairing 

the bag leak detection system. 

 (6) Shutting down the process producing the particulate emissions. 

 (g) The percentage of total operating time the alarm on the bag leak 

detection system sounds in a 6-month reporting period shall be calculated in 

order to determine compliance with the five percent operating limit in Sec. 

63.1543(h). The percentage of time the alarm on the bag leak detection system 

sounds shall be determined according to paragraphs (g)(1) through (g)(3) of 

this section. 

 (1) For each alarm where the owner or operator initiates procedures to 

determine the cause of an alarm within 1 hour of the alarm, 1 hour of alarm 

time must be counted. 

 (2) For each alarm where the owner or operator does not initiate 

procedures to determine the cause of the alarm within 1 hour of the alarm, 

alarm time will be counted as the actual amount of time taken by the owner or 

operator to initiate procedures to determine the cause of the alarm. 

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Deleted: (1) Alarms that occur 

due solely to a malfunction of the 

bag leak detection system shall not 

be included in the calculation.¶

 (2) Alarms that occur during 

startup, shutdown, or malfunction 

shall not be included in the 

calculation if the condition is 

described in the startup, shutdown, 

and malfunction plan and the owner 

or operator follows all the 

procedures in the plan defined for 

this condition.¶

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 (3) The percentage of time the alarm on the bag leak detection system 

sounds must be calculated as the ratio of the sum of alarm times to the total 

operating time multiplied by 100. 

 (h) Baghouses equipped with HEPA filters as a secondary filter used to 

control process or process fugitive sources subject to the lead emission 

standards in Sec. 63.1543 are exempt from the requirement in Sec. (c)(8)of 

this section to be equipped with a bag leak detector. The owner or operator 

of an affected source that uses a HEPA filter must monitor and record the 

pressure drop across the HEPA filter system daily. f the pressure drop is 

outside the limit(s) specified by the filter manufacturer, the owner or 

operator must take appropriate corrective measures, which may include, but 

not be limited to, the following: 

 (1) Inspecting the filter and filter housing for air leaks and torn or 

broken filters. 

 (2) Replacing defective filter media, or otherwise repairing the control 

device. 

 (3) Sealing off a defective control device by routing air to other 

control devices. 

 (4) Shutting down the process producing the particulate emissions. 

 (i) Owners and operators must monitor sinter machine building in-draft to 

demonstrate continued compliance with the operating standard specified in 

Sec. 63.1543(d) in accordance with either paragraph (i)(1), (i)(2), or (i)(3) 

of this section. 

 (1) Owners and operators must check and record on a daily basis doorway 

in-draft at each doorway in accordance with the methodology specified in Sec. 

63.1546(b). 

 (2) Owners and operators must establish and maintain baseline ventilation 

parameters which result in a positive in-draft according to paragraphs 

(i)(2)(i) through (i)(2)(iv) of this section. 

 (i) Owners and operators must install, calibrate, maintain, and operate a 

monitoring device that continuously records the actual volumetric flow rate 

through each separately ducted hood; or install, calibrate, maintain, and 

operate a monitoring device that continuously records the volumetric flow 

rate at the control device inlet of each exhaust system ventilating the 

building. The flow rate monitoring device(s) can be installed in any location 

in the exhaust duct such that reproducible flow rate monitoring will result. 

The flow rate monitoring device(s) must have an accuracy of plus or minus 10 

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percent over its normal operating range and shall be calibrated according to 

manufacturer's instructions. 

 (ii) During the initial demonstration of sinter building in-draft, and at 

any time the owner or operator wishes to re-establish the baseline 

ventilation parameters, the owner or operator must continuously record the 

volumetric flow rate through each separately ducted hood, or continuously 

record the volumetric flow rate at the control device inlet of each exhaust 

system ventilating the building and record exhaust system damper positions. 

The owner or operator must determine the average volumetric flow rate(s) 

corresponding to the period of time the in-draft compliance determinations 

are being conducted. 

 (iii) The owner or operator must maintain the volumetric flow rate(s) at 

or above the value(s) established during the most recent in-draft 

determination at all times the sinter machine is in operation. Volumetric 

flow rate(s) must be calculated as a 15-minute average. 

 (iv) If the volumetric flow rate is monitored at the control device 

inlet, the owner or operator must check and record damper positions daily to 

ensure they are in the positions they were in during the most recent in-draft 

determination. 

 (3) An owner or operator may request an alternative monitoring method by 

following the procedures and requirements in Sec. 63.8(f) of the General 

Provisions. 

 (j) Each owner or operator of new or modified sources listed under 

§63.1543 (a)(1) through (a)(10) must install, calibrate, maintain, and 

operate a continuous emission monitoring system (CEMS) for measuring lead 

emissions and a continuous emission rate monitoring system (CERMS)subject to 

Performance Specification 6 of Appendix B to part 60. 

 (1) Each owner or operator of a source subject to the emissions limits 

for lead compounds under §63.1543(a)and (b) must install a CEMS for measuring 

lead emissions within 180 days of promulgation of performance specifications 

for lead CEMS.

 (i) Prior to promulgation of performance specifications for CEMS used to 

measure lead concentrations, an owner or operator must use the procedure 

described in §63.1546 (a)(1) through (a)(7) of this section to determine 

compliance. 

 (2) If a CEMS used to measure lead emissions is applicable, the owner or 

operator must install a CERMS with a sensor in a location that provides 

representative measurement of the exhaust gas flow rate at the sampling 

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location of the CEMS used to measure lead emissions, taking into account the 

manufacturer’s recommendations. The flow rate sensor is that portion of the 

system that senses the volumetric flow rate and generates an output 

proportional to that flow rate.

 (i) The CERMS must be designed to measure the exhaust gas flow rate over 

a range that extends from a value of at least 20 percent less than the lowest 

expected exhaust flow rate to a value of at least 20 percent greater than the 

highest expected exhaust gas flow rate. 

 (ii) The CERMS must be equipped with a data acquisition and recording 

system that is capable of recording values over the entire range specified in 

paragraph (b)(2)(i) of this section. 

 (iii) Each owner or operator must perform an initial relative accuracy 

test of the CERMS in accordance with the applicable Performance Specification 

in Appendix B to part 60 of the chapter. 

 (iv) Each owner or operator must operate the CERMS and record data during 

all periods of operation of the affected facility including periods of 

startup, shutdown, and malfunction, except for periods of monitoring system 

malfunctions, repairs associated with monitoring system malfunctions, and 

required monitoring system quality assurance or quality control activities 

(including, as applicable, calibration checks and required zero and span 

adjustments.

 (3) Each owner or operator must calculate the lead emissions rate in tons 

per year by summing all hours of CEMS data for a year to determine compliance 

with 63.1543 (b).

 (i) When the CERMS are unable to provide quality assured data the 

following applies: 

 (A) When data are not available for periods of up to 48 hours, the 

highest recorded hourly emission rate from the previous 24 hours must be 

used.

 (B) When data are not available for 48 or more hours, the maximum daily 

emission rate based on the previous 30 days must be used.

 (k) The owner or operator of each source subject to §63.1544(a) must 

operate a continuous monitoring system for the measurement of lead compound 

concentrations in air.

 (1) The owner or operator must operate compliance monitors sufficient in 

number, location, and frequency of sample collection to detect expected 

maximum concentrations of lead compounds in air due to emissions from the 

affected source(s) in accordance with a written plan as described in (k)(2) 
of this paragraph and approved by the Administrator. The plan must include 

descriptions of the sampling and analytical methods used. The plan may take 

into consideration existing monitoring being conducted under a state 

monitoring plan in accordance with Part 58. 

 (2) The owner or operator must submit a written plan describing and 

explaining the basis for the design and adequacy of the compliance monitoring 

network, the sampling, analytical, and quality assurance procedures, and any 

other related procedures, and the justification for any seasonal, background, 

or other data adjustments within 45 days after the effective date of this 

subpart. 

 (3) The Administrator at any time may require changes in, or expansion 

of, the monitoring program, including additional sampling and analytical 

protocols and network design.

 (l) If all rolling three-month average concentrations of lead in air 

measured by the compliance monitoring system are less than [50 percent] of 

the lead concentration in air limit in §63.1544(a) for three consecutive 

years, the owner or operator may submit a revised plan to reduce the 

monitoring sampling and analysis frequency (e.g., from daily to weekly).

 For any subsequent period, if any rolling three-month average lead 

concentration in air measured at any monitor in the monitoring system exceeds 

[50 percent] of the concentration limit in §63.1544(a), the owner or operator 

must resume monitoring pursuant to paragraph (k)(1) at all monitors until 

another three consecutive years of lead concentration in air measurements 

less than [50 percent] of the lead concentration in air limit is 

demonstrated.

Sec. 63.1548 Notification requirements. 

 (a) The owner or operator of a primary lead processor must comply with 

all of the notification requirements of Sec. 63.9 of subpart A, General 

Provisions as specified in Table 1 of this subpart. 

 (b) The owner or operator of a primary lead smelter must submit the 

standard operating procedures manual for baghouses required under Sec. 

63.1547(a) to the Administrator or delegated authority along with a 

notification that the smelter is seeking review and approval of these plans 

and procedures. Owners or operators of existing primary lead processor must

submit this notification no later than November 6, 2000. The owner or 

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standard operating procedures 

manual required under Sec. 

63.1544(a) and the 

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operator of a primary lead processor that commences construction or 

reconstruction after April 17, 1998, must submit this notification no later 

than 180 days before startup of the constructed or reconstructed primary lead 

processor, but no sooner than September 2, 1999. 

 (c) The owner or operator of a primary lead processor must submit the 

compliance monitoring network plan required under §63.1547(k)(2) to the 

Administrator or delegated authority along with a notification that the 

primary lead processor is seeking review and approval of the plan. Owners or 

operators of existing primary lead processors must submit this notification 

no later than 45 days after promulgation of this subpart. The owner or 

operator of a new, reconstructed, or modified primary lead processor must 

submit this notification no later than 180 days before startup of the 

constructed or reconstructed primary lead processor.

Sec. 63.1549 Recordkeeping and reporting requirements. 

 (a) The owner or operator of a primary lead processor must comply with 

all of the recordkeeping requirements of Sec. 63.10 of subpart A, General 

Provisions as specified in Table 1 of this subpart. 

 (b) In addition to the general records required by paragraph (a) of this 

section, each owner or operator of a primary lead processor must maintain for 

a period of 5 years, records of the information listed in paragraphs (b)(1) 

through (b)(10) of this section. 

 (1) Production records of the weight and lead content of lead products, 

copper matte, and copper speiss. 

 (2) Records of the bag leak detection system output. 

 (3) An identification of the date and time of all bag leak detection 

system alarms, the time that procedures to determine the cause of the alarm 

were initiated, the cause of the alarm, an explanation of the actions taken, 

and the date and time the cause of the alarm was corrected. 

 (4) Any recordkeeping required as part of the requirements described in 

the compliance monitoring system plan required under §63.1547(k)(2). 

 (5) Any recorkeeping required as part of the practices described in the 

standard operating procedures manual for baghouses required under Sec. 

63.1547(a). 

 (6) If an owner or operator chooses to demonstrate continuous compliance 

with the sinter building in-draft requirement under Sec. 63.1543(d) by 

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standard operating procedures 

manual required under Sec. 

63.1544(a) for the control of 

fugitive dust emissions

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employing the method allowed in Sec. 63.1547(i)(1), the records of the daily 

doorway in-draft checks, an identification of the periods when there was not 

a positive in-draft, and an explanation of the corrective actions taken. 

 (7) If an owner or operator chooses to demonstrate continuous compliance 

with the sinter building in-draft requirement under Sec. 63.1543(d) by 

employing the method allowed in Sec. 63.1547(i)(2), the records of the output 

from the continuous volumetric flow monitor(s), an identification of the 

periods when the 15-minute volumetric flow rate dropped below the minimum 

established during the most recent in-draft determination, and an explanation 

of the corrective actions taken. 

 (8) If an owner or operator chooses to demonstrate continuous compliance 

with the sinter building in-draft requirement under Sec. 63.1543(d) by 

employing the method allowed in Sec. 63.1547(i)(2), and volumetric flow rate 

is monitored at the baghouse inlet, records of the daily checks of damper 

positions, an identification of the days that the damper positions were not 

in the positions established during the most recent in-draft determination, 

and an explanation of the corrective actions taken.

 (9) Records of the occurrence and duration of each malfunction of 

operation (i.e., process equipment) or the air pollution control equipment 

and monitoring equipment. 

 (10) Records of actions taken during periods of malfunction to minimize 

emissions in accordance with §§63.1543(i) and 63.1544(e), including 

corrective actions to restore malfunctioning process and air pollution 

control and monitoring equipment to its normal or usual manner of operation.

 (c) Records for the most recent 2 years of operation must be maintained 

on site. Records for the previous 3 years may be maintained off site. 

 (d) The owner or operator of a primary lead processor must comply with 

all of the reporting requirements of Sec. 63.10 of subpart A, General 

Provisions as specified in Table 1 of this subpart. 

 (e) In addition to the information required under Sec. 63.10 of the 

General Provisions, the owner or operator msut provide semi-annual reports 

containing the information specified in paragraphs (e)(1) through (e)(9) of 

this section to the Administrator or designated authority. 

 (1) The reports must include records of all alarms from the bag leak 

detection system specified in Sec. 63.1547(e). 

 (2) The reports must include a description of the actions taken following 

each bag leak detection system alarm pursuant to Sec. 63.1547(f). 

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 (3) The reports must include a calculation of the percentage of time the 

alarm on the bag leak detection system sounded during the reporting period 

pursuant to Sec. 63.1547(g). 

 (4) If an owner or operator chooses to demonstrate continuous compliance 

with the sinter building in-draft requirement under Sec. 63.1543(d) by 

employing the method allowed in Sec. 63.1547(i)(1), the reports must contain 

an identification of the periods when there was not a positive in-draft, and 

an explanation of the corrective actions taken. 

 (5) If an owner or operator chooses to demonstrate continuous compliance 

with the sinter building in-draft requirement under Sec. 63.1543(d) by 

employing the method allowed in Sec. 63.1547(i)(2), the reports must contain 

an identification of the periods when the 15-minute volumetric flow rate(s) 

dropped below the minimum established during the most recent in-draft 

determination, and an explanation of the corrective actions taken. 

 (6) If an owner or operator chooses to demonstrate continuous compliance 

with the sinter building in-draft requirement under Sec. 63.1543(d) by 

employing the method allowed in Sec. 63.1547(i)(2), and volumetric flow rate 

is monitored at the baghouse inlet, the reports must contain an 

identification of the days that the damper positions were not in the 

positions established during the most recent in-draft determination, and an 

explanation of the corrective actions taken. 

 (7) The reports must contain a summary of the records maintained as part 

of the practices described in the standard operating procedures manual for 

baghouses required under Sec. 63.1547(a), including an explanation of the 

periods when the procedures were not followed and the corrective actions 

taken. 

 (8) The reports shall contain a summary of the compliance monitoring 

results for the required reporting period, including an explanation of any 

periods when the procedures outlined in the compliance monitoring plan

required by Sec. 63.1547(k)(2) were not followed and the corrective actions 

taken. 

 9) If there was a malfunction during the reporting period, the report 

shall also include the number, duration, and a brief description for each 

type of malfunction which occurred during the reporting period and which 

caused or may have caused any applicable emission limitation to be exceeded. 

The report must also include a description of actions taken by an owner or 

operator during a malfunction of an affected source to minimize emissions in 

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measures performed during the 

required

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procedures manual

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contain copies of the daily records 

required to demonstrate compliance 

with the requirements of the 

standard operating procedures 

manuals required under Secs. 

63.1544(a) and Sec. 63.1547(a).
accordance with §§63.1543(i) and 63.1544(b), including actions taken to 

correct a malfunction.

Sec. 63.1550 Delegation of authority 

 (a) In delegating implementation and enforcement authority to a State 

under section 112(1) of the act, the authorities contained in paragraph (b) 

of this section must be retained by the Administrator and not transferred to 

a State. 

 (b) Authorities which will not be delegated to States: no restrictions. 

Sec. 63.1551 Affirmative defense for exceedance of emission limit during 

malfunction. 

In response to an action to enforce the standards set forth in this subpart 

you may assert an affirmative defense to a claim for civil penalties for 

exceedances of such standards that are caused by malfunction, as defined in 

40 CFR 63.2. Appropriate penalties may be assessed, however, if you fail to 

meet your burden of proving all the requirements in the affirmative defense. 

The affirmative defense shall not be available for claims for injunctive 

relief.

 (a) To establish the affirmative defense in any action to enforce such a 

limit, you must timely meet the notification requirements in paragraph (b) of 

this section, and must prove by a preponderance of evidence that:

 (1) The excess emissions:

 (i) Were caused by a sudden, short, infrequent, and unavoidable failure 

of air pollution control and monitoring equipment, process equipment, or a 

process to operate in a normal or usual manner; and 

 (ii) Could not have been prevented through careful planning, proper 

design or better operation and maintenance practices; and

 (iii) Did not stem from any activity or event that could have been 

foreseen and avoided, or planned for; and 

 (iv) Were not part of a recurring pattern indicative of inadequate 

design, operation, or maintenance; and 

 (2) Repairs were made as expeditiously as possible when the applicable 

emission limitations were being exceeded. Off-shift and overtime labor were 

used, to the extent practicable to make these repairs; and 

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 (3) The frequency, amount and duration of the excess emissions (including 

any bypass) were minimized to the maximum extent practicable during periods 

of such emissions; and 

 (4) If the excess emissions resulted from a bypass of control equipment 

or a process, then the bypass was unavoidable to prevent loss of life, severe 

personal injury, or severe property damage; and 

 (5) All possible steps were taken to minimize the impact of the excess 

emissions on ambient air quality, the environment and human health; and 

 (6) All emissions monitoring and control systems were kept in operation 

if at all possible; and 

 (7) All of the actions in response to the excess emissions were 

documented by properly signed, contemporaneous operating logs; and 

 (8) At all times, the facility was operated in a manner consistent with 

good practices for minimizing emissions; and 

 (9) A written root cause analysis has been prepared to determine, correct 

and eliminate the primary causes of the malfunction and the excess emissions 

resulting from the malfunction event at issue. The analysis shall also 

specify, using best monitoring methods and engineering judgment, the amount 

of excess emissions that were the result of the malfunction.

(b) Notification. The owner or operator of the facility experiencing an 

exceedance of its emission limit(s) during a malfunction shall notify the 

Administrator by telephone or facsimile (FAX) transmission as soon as 

possible, but no later than two business days after the initial occurrence of 

the malfunction, if it wishes to avail itself of an affirmative defense to 

civil penalties for that malfunction. The owner or operator seeking to 

assert an affirmative defense shall also submit a written report to the 

Administrator within 30 days of the initial occurrence of the exceedance of 

the standard in this subpart to demonstrate, with all necessary supporting 

documentation, that it has met the requirements set forth in paragraph (d)(1) 

of this section.

Reference

Applies to 

subpart 

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63.6(a), (b), (c) Yes

63.6 (d) No Section reserved.

63.6(e)(1)(i) No See 63.1543(i) and 

63.1544(b) for general 

duty requirement. 

63.6(e)(1)(ii) No

63.6(e)(1)(iii) Yes

63.6(e)(2) No Section reserved.

63.6(e)(3) No

63.6(f)(1) No

63.6(g) Yes

63.6(h) No No opacity limits in rule.

63.6(i) Yes

63.6(j) Yes

§63.7(a)-(d) Yes

§63.7(e)(1) No See 63.1546(c). 

§63.7(e)(2)-(e)(4) Yes

63.7(f), (g), (h) Yes

63.8(a)-(b) Yes

63.8(c)(1)(i) No

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63.8(c)(1)(ii) Yes

63.8(c)(1)(iii) No

63.8(c)(2)-(d)(2) Yes

63.8(d)(3) Yes, 

except for 

last 

sentence

63.8(e)-(g) Yes

63.9(a),(b),(c),(e),(g),(h)(1)through 

(3), (h)(5) and (6), (i) and (j)

Yes

63.9(f) No

63.9(h)(4) No Reserved

63.10(b)(2)(i) No

63.10(b)(2)(ii) No See 63.1549(b)(9) and (10) 

for recordkeeping of 

occurrence and duration of 

malfunctions and 

recordkeeping of actions 

taken during malfunction. 

63.10(b)(2)(iii) Yes

63.10(b)(2)(iv)-(b)(2)(v) No

63.10(b)(2)(vi)-(b)(2)(xiv) Yes

63.(10)(b)(3) Yes

63.10(c)(1)-(9) Yes

63.10(c)(10)-(11) No See 63.1549(b)(9) and (10) 

for recordkeeping of 

malfunctions. 
63.10(c)(12)-(c)(14) Yes

63.10(c)(15) No

63.10(d)(1)-(4) Yes

63.10(d)(5) No See 63.1549(e)(9) for 

reporting of malfunctions.

63.10(e)-((f) Yes

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[FR Doc. [INSERT FEDERAL REGISTER NUMBER, DATE FILED AND TIME]] 

BILLING CODE 6560-50-M 

Deleted: Table 1 of Subpart TTT--

General Provisions Applicability to 

Subpart TTT¶

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Applies to subpart¶

 Reference 

TTT Comment¶

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Sec. 63.1................... 

Yes¶

Sec. 63.2................... 

Yes¶

Sec. 63.3................... 

Yes¶

Sec. 63.4................... 

Yes¶

Sec. 63.5................... 

Yes¶

Sec. 63.6(a), (b), (c), (e), 

Yes¶

 (f), (g), (i) and (j).¶

Sec. 63.6(d) and (h)........ 

No No opacity limits in¶

 

rule.¶

Sec. 63.7................... 

Yes¶

Sec. 63.8................... 

Yes¶

Sec. 63.9 (a), (b), (c), 

Yes¶

 (d), (e), (g), (h)(1)¶

 through (3), (h)(5) and (6),¶

 (i) and (j).¶

Sec. 63.9(f) and (h)(4)..... 

No No opacity or visible¶

 

emission limits in¶

rule.¶

Sec. 63.10.................. 

Yes¶

Sec. 63.11.................. 

No Flares will not be¶

 

used to comply with¶

the emission limits.¶

Sec. 63.12 through 63.15.... 

Yes¶

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am