65438 Federal Register / Vol. 60, No. 243/ Tuesday, December 19, 1995 / Notices

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 leadacid 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 leadacid 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 leadacid 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 takeback 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/takeback 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
Federal Register / Vol. 60, No. 243/ Tuesday, December 19, 1995 / Notices 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 ‘‘lifecycle’’ 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 LeadAcid 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.
65440 Federal Register / Vol. 60, No. 243/ Tuesday, December 19, 1995 / Notices

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 leadacid 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

Test condition

APCD

inlet

(μg/dscm)a

APCD

outlet

(μg/dscm)a b

APCD

efficiency

(percent)

Baseline condition ........................................................................................................................ 8,764 51.8 99.4

(Range) ........................................................................................................................................ ........................ (42.0–61.6) ........................
Federal Register / Vol. 60, No. 243/ Tuesday, December 19, 1995 / Notices 65441

TABLE 1.—LEAD CONCENTRATION AT AIR POLLUTION CONTROL DEVICE INLET AND OUTLET DURING CONTROL AND

BATTERY SPIKING RUNS—Continued

Test condition

APCD

inlet

(μg/dscm)a

APCD

outlet

(μg/dscm)a b

APCD

efficiency

(percent)

Spiking test .................................................................................................................................. 6,412 56.0 99.1

(Range) ........................................................................................................................................ (3766–9058) (47.6–63.0) ........................

a Micrograms per dry standard cubic meter, corrected to 7 percent oxygen; original data were reported at 11 percent oxygen.

bThe 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]

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