[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Notices]
[Pages 65438-65441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30255]




Federal Register / Vol. 60, No. 243/ Tuesday, December 19, 1995 / 
Notices

[[Page 65438]]


ENVIRONMENTAL PROTECTION AGENCY

[AD-FRL-5327-4]


New Source Performance Standards and Emission Guidelines for 
Municipal Waste Combustors; Combustion of Lead-Acid Vehicle Batteries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental notice/Review of decision.

-----------------------------------------------------------------------

SUMMARY: On December 20, 1989, the U.S. Environmental Protection Agency 
proposed standards of performance for new MWC's and emission guidelines 
for existing MWC's under section 111 of the Clean Air Act (Act). The 
proposed standards and guidelines included a prohibition on the 
combustion of lead-acid vehicle batteries in MWC's. On February 11, 
1991, the EPA promulgated standards and guidelines for new and existing 
MWC's. The promulgated standards and guidelines did not prohibit the 
combustion of lead-acid vehicle batteries. The decision not to include 
a prohibition on the combustion of lead-acid vehicle batteries was 
challenged in the U.S. Court of Appeals. The U.S. Court of Appeals 
issued its decision on July 14, 1992 and remanded the issue of lead-
acid vehicle battery combustion to the EPA for further explanation of 
its decision to remove the lead-acid battery combustion prohibition 
from the 1991 MWC regulations. This supplemental notice responds to the 
remand.
    In response to the remand, the EPA presents the following 
discussion on the issue of lead-acid battery combustion in MWC's. Based 
on the information and test data discussed below, the EPA concludes it 
is unnecessary to include lead-acid battery combustion restrictions in 
the standards or guidelines and no lead-acid battery combustion 
prohibitions are being established. This notice describes the basis of 
the EPA's decision

ADDRESSES: Docket: Docket No. A-89-08, containing the information 
considered by the EPA in reaching a decision with respect to lead-acid 
battery combustion, is available for public inspection and copying 
between the hours of 8:30 a.m. and 5:30 p.m., Monday through Friday 
excluding Federal holidays, at the EPA's Air and Radiation Docket and 
Information Center, Room M1500, 1st floor, U.S. Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460. A reasonable 
fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT:
Mr. Walt Stevenson, Emission Standards Division (MD-13), Office of Air 
Quality Planning and Standards, U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711, telephone number (919) 
541-5264.

SUPPLEMENTARY INFORMATION: The following outline is provided to aid in 
locating information in this Federal Register notice.

I. Background
II. Basis of the EPA's 1991 Decision
III. Supplemental Information on Lead-Acid Batteries in Municipal 
Solid Waste
IV. Supplemental Information on the Effects of Lead-Acid Battery 
Combustion on MWC Emissions
V. Conclusions Regarding the EPA's 1991 Decision

I. Background

    On December 20, 1989, the EPA proposed standards (subpart Ea) and 
guidelines (subpart Ca) for new and existing MWC's under section 111 of 
the Act, 42 U.S.C. section 7411. The proposed standards and guidelines 
included a prohibition on the combustion of lead-acid vehicle batteries 
in MWC's. The EPA's intent in proposing the prohibition was to reduce 
the amount of lead (Pb) in the municipal solid waste (MSW) stream and, 
therefore, reduce the potential for Pb emissions from MSW combustion. 
Specifically, under the proposed standards and guidelines, all MWC's 
would be prohibited from combusting lead-acid batteries weighing more 
than 5 kilograms (kg) (11 pounds (1b)) (i.e., automobile-type 
batteries). Lead-acid batteries would have been separated from MSW by 
onsite mechanical or manual separation, a community-based material 
separation (recycling) program, or a combination thereof prior to 
combustion of the MSW. Monthly records and annual reports of the weight 
of batteries separated from the MSW stream would have been required.
    Many public comments were received on the 1989 proposed standards 
and guidelines; some supported the combustion prohibition, others did 
not. Some commenters cited studies indicating that lead-acid batteries 
contribute to over 50 percent of the Pb found in the MSW stream. Other 
commenters questioned whether lead-acid batteries are actually a major 
source of Pb in MWC emissions.
    Several comments on the 1989 proposal indicated that it would be 
too difficult or too costly to separate lead-acid batteries from MSW, 
even though technologies were commercially available for identifying 
large Pb objects in MSW. Other comments encouraged the use of deposit 
or mandatory take-back programs to encourage recycling and reduce the 
number of batteries being disposed of as MSW. Finally, several 
commenters felt that an absolute prohibition on combustion of batteries 
was unworkable and that 100-percent compliance would be impossible to 
achieve because neither deposit/take-back systems nor screening devices 
could ensure removal of all batteries from MSW. These commenters argued 
that requiring a ``best effort'' or ``reasonable effort'' to remove 
batteries was more reasonable and enforceable.
    The final standards and guidelines promulgated on February 11, 1991 
(subparts Ca and Ea) did not prohibit the combustion of lead-acid 
batteries. The EPA stated in the preamble to the 1991 standards and 
guidelines that although lead-acid batteries are a significant source 
of Pb in MSW, there are already regulatory mechanisms in place to 
discourage lead-acid battery combustion. In addition, the EPA stated 
that many commenters questioned whether it would be possible to achieve 
100-percent compliance with a prohibition. For these reasons, the 
Agency did not believe that a prohibition was necessary, and one was 
not included in the standards and guidelines promulgated on February 
11, 1991.
    The decision by the EPA to delete the lead-acid battery combustion 
prohibition from the promulgated standards and guidelines was 
challenged in the U.S. Court of Appeals by the Natural Resources 
Defense Council (NRDC), the State of New York, and the State of 
Florida. The petitioners argued that if 100-percent compliance with the 
prohibition was not possible, then the EPA could have adopted a lesser 
restriction (such as a 99- or 95-percent ban) or could have required a 
best or reasonable effort to prevent battery combustion. The 
petitioners also argued that the mere existence of other regulations 
and programs to discourage lead-acid battery combustion and to promote 
recycling is not sufficient to explain why some type of combustion 
prohibition would not constitute the best demonstrated technology for 
reducing emissions if lead-acid battery combustion is a significant 
source of Pb emissions. The case was argued in court on February 6, 
1992.
    The U.S. Court of Appeals issued its decision on July 14, 1992. The 
Court remanded the issue of lead-acid vehicle battery combustion to the 
EPA and asked the EPA to explain its decision to remove the lead-acid 
battery combustion prohibition from the 1991 

[[Page 65439]]
MWC standards and guidelines. A subsequent consent decree among the 
Sierra Club, NRDC, and the EPA established a schedule for the EPA to 
respond to the remand. The consent decree requires a final response to 
be published in the Federal Register. This notice constitutes the EPA's 
response to the remand.

II. Basis of the EPA's 1991 Decision

    At the time the MWC standards and guidelines were promulgated in 
1991, there was a lack of sufficient data to support a decision to 
adopt a lead-acid battery combustion prohibition. Only two studies were 
available that quantified the contribution of lead-acid batteries to 
the concentration of Pb in MSW. One study was based on a ``life-cycle'' 
analysis of products containing Pb that may become part of MSW and was 
not based on an analysis of actual MSW composition or MWC emissions 
data. Only one study, conducted in 1987 at a materials recovery 
facility in Gallatin, Tennessee, recorded the frequency of lead-acid 
batteries in MSW by sampling actual MSW. At the same time, there were 
no data available on the effect of lead-acid batteries on MWC emissions 
or on the effect of lead-acid batteries relative to other sources of Pb 
in MSW. Finally, the information available on the feasibility and 
effectiveness of lead-acid battery detection and removal procedures at 
MWC's was incomplete and inconclusive at the time the 1991 MWC 
standards and guidelines were promulgated.
    As a result, the EPA had no reliable data on which to estimate the 
emission reductions or other environmental benefits that would be 
gained from a lead-acid battery combustion prohibition. The EPA also 
had no basis for estimating the cost impacts of such a prohibition. 
Furthermore, between proposal and promulgation of the standards and 
guidelines, the 1990 Amendments to the Clean Air Act became law. 
Section 129 of the 1990 Amendments required the EPA to reexamine the 
1991 MWC regulations and also to establish numerical emission limits 
for Pb and other metals. Because of these requirements and the lack of 
sufficient data on the issue of lead-acid battery combustion in 1991, 
the EPA determined it would be more effective not to promulgate 
regulations in 1991. Instead, the EPA indicated ti would address lead-
acid battery combustion at the same time it investigated and 
established numerical Pb emission limits under section 129.
    The EPA has reviewed the lead-acid battery combustion issue. 
Additional data that have become available since the 1991 standards and 
guidelines were promulgated have been reviewed. These data confirm the 
EPA's original decision not to promulgate standards and guidelines to 
prohibit lead-acid battery combustion. These new data are discussed in 
sections III and IV, below, of this notice.

III. Supplemental Information on Lead-Acid Batteries in Municipal Solid 
Waste

    The EPA supports a hierarchical integrated solid waste management 
(ISWM) approach. At the top of the hierarchy is solid waste reduction, 
followed by reuse and recycling. At the bottom of the ISWM hierarchy 
are disposal options including solid waste combustion or landfilling of 
the solid waste fraction that cannot be reduced, reused, or recycled.
    In 1992, approximately 87.8 million used lead-acid batteries were 
generated in the United States. Most of these (about 66.7 million) were 
passenger car and light truck batteries; the remainder included 
batteries for heavy equipment, tractors, marine applications, 
motorcycles, aircraft, golf carts, and other miscellaneous uses. In 
1992, the recycling rate for used lead-acid batteries was 94.4 percent. 
Recycling rates for 1987 through 1991 were 88.6, 91.0, 95.3, 97.8, and 
96.8 percent, respectively. Lead-acid batteries are recycled at 
specialized recycling facilities known as secondary lead smelters. 
These facilities recover the Pb metal and compounds, plastic case 
material, and sulfuric acid electrolyte and, therefore, represent the 
best treatment option for used lead-acid batteries.
    The recycling rate for used lead-acid batteries is relatively high 
because of the economic value of the lead they contain and because of 
the recycling infrastructure that is available. Lead is an 
internationally traded commodity and is subject to price fluctuations 
over which the battery manufacturers and secondary lead smelters have 
no control. In order to keep the price of lead-acid batteries constant, 
battery manufacturers and their distributors collect used batteries. 
The manufacturers exchange these batteries for an equivalent amount of 
recycled Pb bullion from secondary lead smelters, instead of having to 
purchase Pb at the current market price. The manufacturer pays the 
smelter only a fixed ``tolling fee'' for the cost of processing the 
used batteries into Pb bullion.
    The battery manufacturers and distributors collect the used 
batteries from their retailers who, in turn, collect them from 
consumers purchasing new batteries. To encourage consumers to return 
used batteries, retailers accept used batteries for recycling, even 
without the purchase of a new battery. Most distributors and retailers 
will charge the consumer a ``core charge,'' usually between $5 and $10, 
if a used battery is not returned when a new battery is purchased. The 
core charge is refunded to the consumer if a used battery is later 
brought in after it has been replaced with the new battery.
    Several nationwide battery distributors participate in a battery 
collection network similar to the one described above. According to one 
distributor contacted by the EPA, battery collection and recycling 
networks extend to every county in every State in the United States. 
Therefore, no used lead-acid batteries should be discarded in MSW for 
lack of a collection point for recycling.
    Although there are strong economic incentives to encourage 
recycling, many States have also adopted regulations to encourage lead-
acid battery recycling. A total of 37 States have adopted battery 
recycling laws based on a model rule developed by the Battery Council 
International (BCI). The BCI model rule encourages lead-acid battery 
recycling at the retailer level through mandatory take-back and deposit 
requirements. Only five States in which MWC's are located have not 
adopted a battery recycling rule based on the BCI model rule. However, 
in the service area of the MWC's located in these five States, there 
are retailers that have voluntarily adopted a take-back and deposit 
program or there are battery collection sites as part of household 
hazardous waste collection programs.
    Based on a lead-acid battery recycling rate of 94.4 percent and a 
total of 87.8 million used batteries generated per year, approximately 
5 million automotive-type lead-acid batteries were not recycled in 
1992. Some of these batteries enter the MSW stream and are disposed of 
in landfills or MWC's. Some used batteries are stored in household 
garages or basements and then indirectly enter the MSW stream or the 
recycling network. A survey of 1,000 households found that 19 percent 
of households had at least one old battery (7 percent had one battery, 
8 percent had two or three, 2 percent had four or five, and 2 percent 
had six or more). As many as 45 million batteries may be in storage in 
individual households. Battery storage by households, therefore, may 
represent a significant reservoir of automotive-type lead-acid 
batteries that do not immediately enter the MSW stream or the recycling 
system.

[[Page 65440]]

    Only limited data are available on the actual concentration of 
lead-acid batteries in MSW. A 1987 study at a materials recovery 
facility in Gallatin, Tennessee, removed about 70 batteries from 6,332 
megagrams (Mg) (6,965 tons) of MSW over a 3-month period. This is 
equivalent to about one battery per 90 Mg (100 tons) of MSW. However, 
contacts with other material recovery facility operators indicate that 
the concentration of lead-acid batteries in MSW may range from one 
battery per 300 Mg of MSW up to one battery per 700 Mg MSW. Where lead-
acid battery collection/separation programs have been implemented, 
battery contamination levels of less than one battery per 500 Mg of MSW 
are probably typical. One of the facilities contacted by the EPA 
reported finding no batteries in the MSW inspected at the facility over 
a 6-month period during which the facility processed 4,000 tons of MSW 
per month.
    One lead-acid automotive battery (containing about 20 pounds of Pb) 
per 500 Mg (550 tons) of MSW is equivalent to a Pb concentration in MSW 
of about 20 parts per million (ppm). However, lead-acid batteries are 
not the sole source of Pb in MSW. Other sources are lead foils, light 
bulbs, circuit boards in electrical devices, automobile wheel weights, 
polyvinyl chloride plastics, yard waste, wood, food, textiles, paper, 
and inks for some newspapers, magazines, and packaging. One 1988 report 
estimated that the combustible fraction of MSW had a Pb concentration 
of 330 ppm based on a life-cycle analysis of lead-containing products.
    The concentration of Pb in MSW can be estimated from the 
concentrations of Pb in MWC ash. There is a relatively constant 
relationship between the weight of MSW combusted and the weight of ash 
produced (bottom ash plus fly ash collected from the air pollution 
control devices (APCD's)). Furthermore, nearly all of the Pb (greater 
than 99 percent) entering the MWC in the MSW stream is retained in the 
bottom ash from the MWC and residue (ash) discharged from the APCD. The 
typical Pb concentration in combined MWC ash and APCD residue ash in 
about 2000 ppm, by weight, and combined ash represents about 30 
percent, by weight, of the original MSW combusted. Based on these 
relationships, the estimated lead concentration in MSW is about 600 
ppm. This estimate is considered to be a good estimate of the Pb 
concentration in MSW.
    Based on a Pb concentration in MSW of 600 ppm, one battery per 100 
tons of MSW would contribute about 100 ppm of Pb, or 16 percent of the 
total Pb in MSW. One battery per 500 tons of MSW would contribute about 
20 ppm of Pb, or about 3 percent of total Pb input. At these 
contribution levels, additional efforts to remove lead-acid batteries 
from the MSW entering an MWC would have little impact on the amount of 
lead entering the MWC and little effect on controlled lead emissions.

IV. Supplemental Information on the Effects of Lead-Acid Battery 
Combustion on MWC Emissions

    The remand requires the EPA to explain why it did not include a 
lead-acid battery prohibition in the February 11, 1991 standards and 
guidelines. The remand raises the question of whether lead-acid battery 
removal from MSW would reduce Pb emissions from MWC's. It is clear that 
Pb is contained in both the MSW stream being combusted and in MWC 
emissions discharged to the atmosphere. However, it is not clear 
whether uncontrolled and controlled Pb emissions are proportional only 
to the total amount of Pb input, or whether they may also be related to 
the form in which Pb or Pb compounds occur in the MSW. That is, is Pb 
more efficiently volatilized when it is in the metallic form, such as 
in lead-acid batteries, than when it is a trace component of paper, 
plastics, or other MSW material?
    In order to determine the effect of lead-acid battery combustion on 
MWC emissions, a test program was sponsored by Environment Canada, the 
EPA, the International Lead Zinc Research Organization, and the Greater 
Vancouver Regional District in British Columbia, Canada. The test 
program studied the effect of lead-acid batteries on MWC stack 
emissions and on Pb levels in the fly ash and bottom ash by 
intentionally spiking MSW being combusted with lead-acid batteries.
    Testing was performed on a 240 Mg/day (265 ton/day) mass burn/
waterwall combustion unit at the Burnaby, British Columbia, MWC in June 
1991. This MWC has a spray dryer/fabric filter-type acid gas/
particulate matter APCD. The testing consisted of spiking MSW fed to 
the MWC unit with lead-acid batteries at the rate of four batteries per 
hour. This spiking increased the Pb input to the unit by about eight 
times (800 percent increase), from about 7 kg (15 lb) per hour 
(baseline) to about 56 kg (125 lb) per hour. The spiking was equivalent 
to 40 batteries per 90 Mg (100 tons) of MSW, or a Pb concentration in 
the MSW of about 4,000 ppm.
    At the Burnaby MWC, about 1 hour is needed for MSW to travel from 
one end of the combustion grate to the other. At a spiking rate of four 
batteries per hour, there were four batteries, on average, on the grate 
at any given time during the spiking tests.
    Testing at the Burnaby MWC consisted of 10 4-hour test runs over a 
5-day period. Spiking with lead-acid batteries was performed during two 
of the runs. Other runs served as baseline control runs. During each 
run, the MSW fed to the unit was sampled, sorted into 78 categories, 
and analyzed for metals content. This test is the first to perform 
controlled spiking of lead-acid batteries to an MWC to study their 
effect on stack Pb emissions. It is also one of the most through 
analyses of the metals content of MSW.
    The spiking of batteries to the Burnaby MWC did not measurably 
alter the Pb concentration in the stack gases either before or after 
the APCD. There were significant Pb increases in the ash residues from 
the boiler and from below the combustor grate. In the boiler, Pb 
increased in the section where the temperature is low enough to promote 
lead chloride (PbCl) condensation. The Pb increase in the grate 
siftings ash is caused by the Pb metal and Pb sulfate in the battery 
melting and dripping through the grate and forming beads of Pb metal in 
the grate siftings and bottom ash. The Pb in lead-acid batteries is not 
exposed to the appropriate conditions to be volatilized and carried 
into the flue gas to the APCD's or to the stack. The results of the 
Burnaby MWC testing program are summarized in table 1.

Table 1.--Lead Concentration at Air Pollution Control Device Inlet and Outlet During Control and Battery Spiking
                                                      Runs                                                      
----------------------------------------------------------------------------------------------------------------
                                                                    APCD  inlet    APCD  outlet        APCD     
                         Test condition                            (<greek-m>g/    (<greek-m>g/     efficiency  
                                                                      dscm)<SUP>a         dscm)<SUP>a <SUP>b        (percent)  
----------------------------------------------------------------------------------------------------------------
Baseline condition..............................................           8,764            51.8            99.4
(Range).........................................................  ..............     (42.0-61.6)  ..............

[[Page 65441]]
                                                                                                                
Spiking test....................................................           6,412            56.0            99.1
(Range).........................................................     (3766-9058)     (47.6-63.0)  ..............
----------------------------------------------------------------------------------------------------------------
<SUP>a Micrograms per dry standard cubic meter, corrected to 7 percent oxygen; original data were reported at 11     
  percent oxygen.                                                                                               
<SUP>b The APCD consisted of a spray dryer followed by a fabric filter.                                              


    In summary, lead-acid batteries do not appear to be a measurable 
source of stack gas Pb emissions. Lead emissions from MWC's result from 
other sources of Pb in MSW and prohibiting lead-acid battery combustion 
is unnecessary.

V. Conclusions Regarding the EPA's 1991 Decision

    Based on the information discussed in sections III and IV of this 
notice, the EPA has determined that lead-acid batteries do not 
measurably contribute to Pb stack emissions from MWC's. Prohibiting the 
combustion of lead-acid batteries would not reduce stack gas Pb 
emissions. Furthermore, lead-acid batteries only represent a small 
fraction of the Pb found in MSW entering MWC's because most batteries 
(greater than 90 percent) are being recycled. There are battery 
retailers in every community in the United States that will accept used 
lead-acid batteries for recycling. Relative to the lead-acid battery 
remand discussed in section I of this notice, the EPA is not proposing 
any change to the standards or guidelines promulgated February 11, 1991 
for existing and new MWC's (40 CFR 60.30a and 40 CFR 60.50a) and is not 
including a prohibition on the combustion of lead-acid batteries in the 
subpart Eb standards or subpart Cb guidelines promulgated elsewhere in 
today's Federal Register.

List of Subjects

    Environmental Protection, Air pollution control.

    Dated: October 31, 1995.
Carol M. Browner,
Administrator.
[FR Doc. 95-30255 Filed 12-18-95; 8:45 am]
BILLING CODE 6560-50-P