National Emission Standards for Hazardous Air Pollutants From Secondary Lead Smelting

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 63

[AD-FRL-5217-2]

RIN 2060-AE04

National Emission Standards for Hazardous Air Pollutants From

Secondary Lead Smelting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates national emission standards for

hazardous air pollutants (NESHAP) for new and existing secondary lead

smelters pursuant to section 112 of the Clean Air Act (the Act) as

amended in 1990. Secondary lead smelters have been identified by the

EPA as significant emitters of several chemicals identified in the Act

as hazardous air pollutants (HAP's) including but not limited to lead

compounds, arsenic compounds, and 1,3-butadiene. Chronic exposure to

arsenic and 1,3-butadiene is associated with skin, bladder, liver and

lung cancer and other developmental and reproductive effects. Exposure

to lead compounds results in adverse effects on the blood, central

nervous system and kidneys. Children are particularly sensitive and

exposure to lead compounds can also result in reduced cognitive

development and reduced growth. This rulemaking will affect secondary

lead smelters that use blast, reverberatory, rotary, or electric

smelting furnaces to recover lead metal from scrap lead, primarily from

used lead-acid automotive-type batteries. The purpose of the final rule

is to reduce HAP emissions from secondary lead smelting. This rule is

estimated to reduce emissions, including metal HAP's and organic HAP's,

by about 1,300 megagrams (1,400 tons) per year. [[Page 32588]] The

NESHAP provides protection to the public by requiring all secondary

lead smelters to meet emission standards reflecting the application of

the maximum achievable control technology (MACT). The NESHAP regulates

emissions of lead compounds and total hydrocarbons (THC's) as

surrogates for metal HAP's and organic HAP's, respectively. The EPA is

also adding secondary lead smelters that are area sources to the list

of source categories that are subject to MACT standards.

EFFECTIVE DATE: June 23, 1995.

ADDRESSES: Docket. Docket No. A-92-43, containing information

considered by the EPA in development of the promulgated standards, is

available for public inspection and copying between 8:00 a.m. and 5:30

p.m., Monday through Friday except for Federal holidays, at the

following address: U.S. Environmental Protection Agency, Air and

Radiation Docket and Information Center (MC-6102), 401 M Street, SW,

Washington, DC 20460; telephone (202) 260-7548. The docket is located

at the above address in Room M-1500, Waterside Mall (ground floor). A

reasonable fee may be charged for copying.

Background Information Document. A background information document

(BID) for the promulgated standards may be obtained from the docket;

the U.S. EPA Library (MD-35), Research Triangle Park, North Carolina

27711, telephone (919) 541-2777; or from the National Technical

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161,

telephone (703) 487-4650. Please refer to ``Secondary Lead Smelting--

Background Information for Promulgated Standards,'' (EPA-453/R-95-

008b).

The BID contains a summary of all the public comments made on the

proposed standards and the EPA's response to the comments. It also

contains a summary of the changes made to the standards since proposal.

FOR FURTHER INFORMATION CONTACT: Mr. Phil Mulrine, Metals Group,

Emission Standards Division (MD-13), U.S. Environmental Protection

Agency, Research Triangle Park, North Carolina 27711; telephone (919)

541-5289.

SUPPLEMENTARY INFORMATION:

Judicial Review. Under section 307(b)(1) of the Act, judicial

review of a NESHAP is available only by filing a petition for review in

the U.S. Court of Appeals for the District of Columbia Circuit within

60 days of today's publication of this final rule. Under section

307(b)(2) of the Act, the requirements that are the subject of today's

notice may not be challenged later in civil or criminal proceedings

brought by the EPA to enforce these requirements.

The information presented in this preamble is organized as follows:

I. Background

II. Summary

A. Summary of Promulgated Standards

B. Summary of Major Changes Since Proposal

C. Summary of Environmental, Energy, Cost, and Economic Impacts

III. Public Participation

IV. Significant Public Comments and Responses

A. Adverse Health Effects Finding for Area Sources

B. Hydrogen Chloride/Chlorine Emission Standards

C. Metal Hazardous Air Pollutant Monitoring Requirements

D. Exemption from Resource Conservation and Recovery Act Boiler

and Industrial Furnace Emission Standards

V. Administrative Requirements

A. Docket

B. Executive Order 12866

C. Unfunded Mandates Act

D. Paperwork Reduction Act

E. Regulatory Flexibility Act

I. Background

On July 16, 1992 (57 FR 31576), the EPA published a list of major

and area sources for which NESHAP are to be promulgated. On December 3,

1993 (58 FR 63941), the EPA published a schedule for promulgation of

those standards. The secondary lead smelting source category is

included on the list of major sources and the EPA is required to

establish national emission standards by May 31, 1995 according to this

schedule. Major sources are those sources emitting 10 or more tons per

year of any one HAP or 25 or more tons per year of a combination of

HAP's.

This NESHAP was proposed in the Federal Register on June 9, 1994

(59 FR 29750). The same notice also announced that the EPA was

proposing to add secondary lead smelters that are area sources to the

list of source categories that will be subject to national emission

standards. Area sources are those smelters emitting less than 10 tons

per year of any single HAP and less than 25 tons per year of a

combination of HAP's. The EPA received 31 letters commenting on the

proposed rule and proposed area source listing. The EPA received no

requests for a public hearing. The EPA published a supplemental notice

announcing the availability of new data regarding the proposed

standards for hydrogen chloride/chlorine (HCl/Cl2) emissions on

April 19, 1995 (60 FR 19556). The EPA received eight comment letters in

response to the supplemental notice.

II. Summary

A. Summary of Promulgated Standards

The promulgated rule establishes standards to limit HAP emissions

from smelting furnaces, refining kettles, agglomerating furnaces,

dryers, and fugitive dust sources at both major source and area source

secondary lead smelters. The promulgated rule does not apply to primary

lead smelters, lead refiners, or lead remelters.

Emission standards promulgated under section 112 are to be

technology-based and are to reflect the maximum degree of reduction of

HAP emissions achievable taking into consideration the cost of

achieving the emission reduction, any nonair quality health and

environmental impacts and energy requirements. These standards are

termed MACT standards. Emission reduction may be accomplished through

application of a variety of measures, methods, or techniques. Emission

standards, however, can be no less stringent than a minimum baseline or

``floor'' for standards set out in the statute.

For new sources, the standards for a source category or subcategory

cannot be less stringent than the emission control that is achieved in

practice by the best controlled similar source. The standards for

existing sources can be less stringent than standards for new sources,

but they cannot be less stringent than the average emission limitation

achieved by the best-performing 12 percent of existing sources

(excluding certain sources described in section 112(d)(3) of the Act)

for categories and subcategories with 30 or more sources, or the best-

performing 5 sources for categories and subcategories with fewer than

30 sources. There are fewer than 30 secondary lead smelters, so the

standards for existing sources are based on the best-performing 5

sources.

Floor levels of control were determined for each of the affected

source types under consideration for regulation. Source types are

process sources, process fugitive sources, and fugitive dust sources.

For process fugitive sources and fugitive dust sources, which are

similar in character and emissions potential across all secondary lead

smelters, the entire population of secondary lead smelters are

considered in determining MACT floor levels of control. For process

sources, specifically smelting furnaces, smelters are differentiated

and divided into configurations based on the [[Page 32589]] smelting

furnace types used at individual smelters. In all but one case, floors

for existing source MACT and new source MACT are identified. In the one

case where existing source MACT is less stringent than new source MACT,

the determination was made that the establishment of standards beyond

the existing source floor was unreasonable. A complete discussion of

the selection of the MACT and basis of standards for each source type

is presented in the preamble to the proposed rule (59 FR 29760; June 9,

1994).

1. Process Emission Sources

Owners and operators of all smelting furnace types must limit lead

compound emissions, which is a surrogate for all metal HAP's, to no

more than 2.0 milligrams per dry standard cubic meter (mg/dscm; 0.00087

grains per dry standard cubic foot (gr/dscf)). Owners and operators

must limit THC emissions, which is a surrogate for all organic HAP's,

to varying levels depending on the smelting furnace type. No THC limits

apply to reverberatory, rotary, and electric furnaces not collocated

with blast furnaces.

Owners and operators of collocated reverberatory and blast furnaces

must comply with a THC limit of 20 parts per million by volume (ppmv)

as propane at 4 percent carbon dioxide (CO2) when both furnaces

are operating. Less stringent limits apply when the reverberatory

furnace is not operating. When the reverberatory furnace is not

operating, new blast furnaces collocated with reverberatory furnaces

must comply with a THC limit of 70 ppmv, and existing blast furnaces

must comply with a THC limit of 360 ppmv.

Owners and operators of new blast furnaces located at blast-

furnace-only smelters must comply with a THC limit of 70 ppmv. Existing

blast furnaces located at blast-furnace-only smelters must comply with

a THC limit of 360 ppmv. The THC emissions from each blast furnace

charging chute at all smelters with blast furnaces shall not exceed

0.20 kilograms per hour (kg/hr; 0.44 pounds per hour (lb/hr)).

Table 2 in the attached regulatory text summarizes the emission

limits for smelting furnace process sources.

2. Process Fugitive Emission Sources

Owners and operators must comply with either of two process

fugitive emission control options. Each process fugitive emission

source must be controlled either by an enclosure-type hood that is

ventilated to a control device or must be fully enclosed within a

containment building (within the meaning of 40 CFR part 265, subpart

DD) that is ventilated to a control device. Lead compound emissions, as

a surrogate for all metal HAP's, from each hood or building control

device are limited to 2.0 mg/dscm (0.00087 gr/dscf).

Refining kettle enclosure hoods must have a minimum air velocity

into all hood openings (i.e., face velocity) of 75 meters per minute

(m/min; 250 feet per minute (fpm)), and the enclosure hoods over drying

kiln transition pieces must have a minimum face velocity of 110 m/min

(350 fpm). All other process fugitive emission sources (charging

points, lead and slag taps, and agglomerating furnaces) with an

enclosure hood must have a minimum face velocity of 90 m/min (300 fpm).

If a ventilated building is used to control process fugitive sources,

then it must have a minimum air velocity into the building through all

openings of 75 m/min (250 fpm).

Table 3 in the attached regulatory text summarizes the requirements

for process fugitive emission sources.

3. Fugitive Dust Sources

Fugitive dust emissions must be controlled by the measures

specified in a standard operating procedures (SOP) manual. The SOP must

be developed by the owner or operator of each smelter and submitted to

the Administrator for approval. The SOP must describe the measures that

will be used to control fugitive dust emissions from plant roadways;

the battery breaking area; the furnace, refining, and casting areas;

and the materials storage and handling areas. Acceptable control

measures include either a total enclosure of the fugitive dust source

and ventilation of the enclosure to a control device, or a combination

of partial enclosures, wet suppression, and pavement cleaning. Lead

compound emissions, as a surrogate for all metal HAP's, from enclosure

control devices must be limited to 2.0 mg/dscm (0.00087 gr/dscf).

4. Compliance Dates

Compliance for existing sources must be achieved no later than June

23, 1997, or upon startup for new or reconstructed sources.

5. Compliance Test Methods

Compliance with the emission limits for lead compounds shall be

determined according to EPA Reference Method 12 (40 CFR part 60,

appendix A). Compliance with the THC emission limits shall be

determined according to EPA Reference Method 25A (40 CFR part 60,

appendix A). Concentrations of THC shall be reported in ppmv, as

propane, corrected to 4 percent CO2 to correct for dilution.

Sampling point locations shall be determined according to EPA Reference

Method 1, and stack gas conditions shall be determined, as appropriate,

according to EPA Reference Methods 2, 3, 3B, and 4 (40 CFR part 60,

appendix A).

6. Monitoring Requirements

The rule requires an initial lead compound emission test to

demonstrate compliance with the lead compound emission standards. All

owners and operators must also prepare SOP manuals for the systematic

inspection and maintenance of all baghouses. Each manual shall also

include provisions for the diagnosis of problems and a corrective

action plan. In addition, all baghouses are required to have bag leak

detection systems with alarms to indicate bag leaks or other causes of

increased emissions. Plans for corrective action must prescribe

procedures to be followed whenever an alarm is triggered.

Compliance with the THC emission standards (except that for blast

furnace charging) will require monitoring either afterburner or

incinerator temperature or THC concentration. Only an initial

compliance test is required for blast furnace charging.

7. Notification Requirements

The owner or operator will be required to comply with the

notification requirements in the General Provisions to part 63 (40 CFR

part 60, subpart A). In addition, owners and operators will be required

to submit the fugitive dust control SOP and the baghouse SOP to the

Administrator for review and approval.

8. Recordkeeping and Reporting Requirements

Owners and operators will be required to comply with the

recordkeeping and reporting requirements in the General Provisions to

part 63 (40 CFR part 63, subpart A). In addition, the owners and

operators will be required to maintain records demonstrating that they

have implemented the requirements of the fugitive dust control SOP and

the baghouse SOP, including records of all bag leak detection system

alarms and corrective actions.

B. Summary of Major Changes Made Since Proposal

Based on public comments received in response to both the initial

notice of proposal and the supplemental notice, and other data received

since proposal, the EPA has made several changes to the

[[Page 32590]] proposed rule. The BID referred to in the ADDRESSES

section of this preamble contains a complete explanation of the EPA's

reasons for making each of these changes. A summary of the major

changes is presented below.

1. Applicability

The applicability of the rule was clarified by adding a statement

that the rule does not apply to primary lead smelters, lead refiners,

and lead remelters.

2. Standards for Process Sources

The THC emission limits for blast furnaces collocated with

reverberatory furnaces were revised to account for periods when the

reverberatory furnace is not operating.

When the reverberatory furnace is not operating, these blast

furnaces will be allowed to meet the same THC limits as new and

existing blast furnaces located at blast-furnace-only smelters (70 ppmv

and 360 ppmv, respectively). The proposed standards required that

reverberatory/blast furnace facilities meet a THC emission limit of 20

ppmv at all times. The proposed HCl/Cl2 emission standards (and

associated testing and monitoring requirements) are not being

promulgated.

3. Standards for Process Fugitive Sources

The ventilation requirements for hoods have been modified; the

volumetric flow rate requirement for refining kettle hoods has been

withdrawn and the face velocity requirements for furnace charging and

tapping have been lowered from 110 m/min (350 fpm) to 90 m/min (300

fpm). A provision has been added that will allow owners and operators

to control process fugitive emission sources by enclosing them in a

building that is ventilated to a control device, rather than having to

comply with the enclosure hood and face velocity requirements at each

emission source.

4. Test Methods and Schedule

The annual lead test has been withdrawn for all sources; only an

initial lead test is now required. Velometers (anemometers) have been

added as an alternate method for determining face velocities for

process fugitive hoods and building doorways.

5. Monitoring Requirements

The proposed rule would have required a continuous opacity monitor

(COM) and a site-specific opacity limit for monitoring lead compound

emissions from process sources. These requirements have been withdrawn.

Rather than install and operate a COM, each owner or operator must now

prepare a baghouse SOP manual that includes an inspection and

maintenance procedure and a corrective action plan for all process,

process fugitive, and fugitive dust baghouses. Each baghouse must also

be fitted with a bag leak detection system with an alarm to monitor

baghouse performance. An alarm signal by itself is not considered to be

a violation of the lead compound emission limit. To maintain

compliance, the owner or operator must follow the inspection and

maintenance procedure and comply with the requirements of the

corrective action plan whenever an alarm is activated.

There has been no change to the organic HAP monitoring

requirements. The proposed HCl/Cl2 monitoring requirements have

been withdrawn.

6. Recordkeeping and Reporting Requirements

The recordkeeping and reporting requirements have been revised so

they are consistent with the baghouse SOP manual in the revised

monitoring requirements. Owners and operators also will be required to

record the date and time of all bag leak detection system alarm

signals, their cause, the corrective action taken, and the timing for

such action.

The requirements for THC recordkeeping and reporting have been

clarified so that only the 3-hour averages that are not in compliance

with the allowable afterburner or incinerator temperature, or THC

concentration must be reported, rather than all 3-hour averages for the

entire reporting period. The recordkeeping and reporting requirements

associated with the HCl/Cl2 emission standards have been

withdrawn. Finally, the reporting frequency has been changed to be

consistent with the requirements under Sec. 63.10 of the General

Provisions.

C. Summary of Environmental, Health, Cost, and Economic Impacts

The final standards will reduce total nationwide emissions of both

metal HAP's and organic HAP's from secondary lead smelters by 1,283

megagrams per year (Mg/yr) (1,411 tons/yr). These reductions include 53

Mg/yr (58 tons/yr) of metal HAP's and 1,230 Mg/yr (1,353 tons/yr) of

organic HAP's. No reductions in HCl/Cl2 emissions are expected as

a direct consequence of the final rule because of the deletion of HCl/

Cl2 emission standards since proposal. However, emissions of HCl/

Cl2 are expected to be essentially eliminated in any case because

of the elimination of polyvinyl chloride (PVC) plastic as a separator

material in batteries. The rationale for not promulgating HCl/Cl2

emission standards is explained in section IV(B) of this preamble.

These emission reductions will have a positive effect on public

health. Metal HAP emissions from secondary lead smelting include lead

compounds and arsenic compounds, among others. Populations around

secondary lead smelters can be exposed to metal HAP's through

inhalation or through ingestion of metal HAP's that have settled on the

soil in the vicinity of the smelter. Exposure to lead compounds occurs

through inhalation or ingestion, but the effects are the same

regardless of the route of exposure. Chronic exposure to lead compounds

results in adverse effects on the blood, central nervous system, blood

pressure, kidneys, and vitamin D metabolism. Children are particularly

sensitive and exposure can also result in reduced cognitive development

and reduced growth. Adverse effects on human reproduction have also

been reported. Lead compounds can be persistent in the environment and

have the potential to accumulate in food chains.

Chronic inhalation exposure to arsenic compounds is strongly

associated with lung cancer and is associated with irritation of the

skin and mucous membranes (dermatitis, conjunctivitis, pharyngitis, and

rhinitis). Chronic oral exposure has resulted in gastrointestinal

effects, anemia, peripheral nerve damage, skin lesions, and liver or

kidney damage and is linked to skin, bladder, liver, and lung cancer.

Organic HAP emissions from secondary lead smelting include 1,3-

butadiene, among other organic compounds. The effects of chronic

exposure to 1,3-butadiene include increased cardiovascular disease.

Animal studies of chronic exposure to 1,3-butadiene indicate effects on

respiratory and cardiovascular systems and the liver, as well as

developmental and reproductive effects. Animal studies have also

reported tumors from inhalation exposure to 1,3-butadiene and the EPA

has classified 1,3-butadiene as a probable human carcinogen.

In addition to the reductions in HAP air emissions achieved, the

final standards will also achieve reductions in nationwide emissions of

two criteria pollutants, carbon monoxide and particulate matter.

Compliance with the final standards will reduce emissions of

particulate matter by 135 Mg/yr (149 tons/yr) and those of carbon

monoxide by 80,000 Mg/yr (88,000 tons/yr). [[Page 32591]]

No significant adverse secondary air, water, or solid waste impacts

are anticipated from these standards. The national annual energy usage

due to the installation of the required control devices is expected to

be 5.0 million cubic meters per year (180 million cubic feet per year)

of natural gas to operate afterburners on blast furnaces and

reverberatory/blast furnace smelters. The natural gas consumption

estimated at proposal was 3.7 million cubic meters (130 million cubic

feet per year). The increase since proposal is due to a revised

analysis of the control equipment and amount of natural gas needed to

perform gas stream blending to control organic HAP emissions from

reverberatory/blast furnace smelters. No other notable energy impacts

are expected.

The implementation of this regulation is expected to result in a

national annual cost of $2.8 million. This includes an annualized cost

from installation of control devices of $1.86 million and total

monitoring, reporting, and recordkeeping costs of $0.93 million. At

proposal, the estimated national costs were $2.6 million per year. The

annualized control costs were estimated to be $890,000 and the annual

costs for monitoring, recordkeeping, and reporting were $1.7 million.

The annualized control costs have increased since proposal because the

cost estimate to control organic HAP emissions from reverberatory/blast

furnace smelters was revised in response to public comments. The annual

monitoring, recordkeeping, and reporting costs have decreased since

proposal because the HCl/Cl2 monitoring requirements have been

withdrawn and the final metal HAP monitoring requirements involve fewer

emission tests and less expensive monitoring devices than at proposal.

The economic impact analysis done at proposal showed that the

economic impacts from the proposed standard would be insignificant. The

economic impact analysis was not revised for promulgation because the

relatively small increase in costs is not expected to have any effect

on the conclusions of the economic impact analysis.

III. Public Participation

On November 17, 1992, the EPA presented the National Air Pollution

Control Techniques Advisory Committee with an overview of the EPA's

decision to regulate surrogates in place of regulating individual metal

HAP's and organic HAP's.

Prior to proposal of the standards, owners and operators of

secondary lead smelters were invited by the EPA to participate in a

meeting to discuss the results of the EPA's secondary lead smelter

testing program as well as the standards being evaluated for proposal.

This meeting was held on October 5, 1993. The comments submitted

following this meeting were incorporated into the proposed rule.

The standards were proposed and published in the Federal Register

on June 9, 1994 (59 FR 29750). The preamble to the proposed standards

discussed the availability of the BID, which described the technical

basis and the impacts of the proposed standards. Public comments were

solicited at the time of proposal.

To provide interested persons the opportunity for oral presentation

of data, views, or arguments concerning the proposed standards, the

opportunity for a public hearing was offered at proposal; however, no

requests for a hearing were received. The public comment period was

from June 9, 1994 to August 8, 1994. Thirty-one comment letters were

received. A supplemental notice was published on April 19, 1995 (60 FR

19556) and eight comment letters were received. The comments were

carefully considered by the Administrator in formulating the final

rule.

IV. Significant Comments and Responses

The EPA received comment letters on the proposed standards from

owners and operators of secondary lead smelters and industry trade

associations, States, equipment vendors, and environmental groups. A

detailed discussion of all the comments and the EPA's responses can be

found in the promulgation BID, which is referenced in the ADDRESSES

section of this preamble. The summary of comments and responses in the

BID serves as the basis for the revisions that have been made to the

standards between proposal and promulgation. Most of the comment

letters contained multiple comments.

Significant comments and new information were received on four

topics since proposal: the area source finding, the standards for

process sources (especially those proposed for HCl/Cl2 emissions),

the monitoring requirements for metal HAP's, and the exemption from the

Resource Conservation and Recovery Act (RCRA) boiler and industrial

furnace (BIF) emission standards. These comments and the EPA's

responses are summarized in this preamble.

A. Adverse Health Effects Finding for Area Sources

Six commenters agreed with the EPA's finding that smelters that are

area sources (i.e., those with emissions of less than 10 tons per year

of any one HAP or 25 tons per year of a combination of HAP's) should be

listed as sources subject to section 112 standards and should be

subject to the same regulations as smelters that are major sources.

Seven commenters disagreed with the EPA's decision to regulate area

sources; three of the seven argued that the risks are insufficient to

warrant regulation under MACT standards. After considering all comments

on the subject, the EPA continues to believe that area sources should

be regulated under MACT standards and is, therefore, maintaining its

decision to regulate secondary lead smelters that are area sources

under this final action.

The decision to list area source smelters to regulate them under

the same standards as major source smelters is based on the cancer

risks from secondary lead smelter emissions and noncancer health risks

posed by lead compound emissions. The estimated annual cancer incidence

is 0.1 cases for all seven smelters predicted to be area sources. This

cancer incidence is due primarily to exposure to 1,3-butadiene and

arsenic. The maximum exposed individual has a cancer risk of 1 in 1,000

and 560,000 individuals are estimated to be exposed to a risk greater

than 1 in 1 million.

Section 112(c)(3) of the Act does not offer a ``bright line'' test

for the EPA to use in making an area source finding. Instead, the EPA

believes that it has discretion to consider a range of health effects

endpoints and exposure criteria in making the requisite finding of a

threat of adverse effects to health or the environment. In making area

source listing determinations, the EPA strives to provide maximum

feasible protection against risks to health from HAP's by: (1)

Protecting the greatest number of persons possible to an individual

lifetime cancer risk level of no higher than approximately 1 in 1

million and (2) limiting to no more than 1 in 10,000 the estimated

cancer risk to the hypothetical maximum exposed individual. The

estimated cancer risks presented by area source smelters are consistent

with those supporting similar EPA decisions to regulate other

categories of area sources and with the EPA's strategy to implement

section 112 (57 FR 31576, July 16, 1992).

Exposure to lead compounds is also a concern. It is estimated that

250 individuals in the vicinity of area source smelters are exposed to

ambient lead levels above the national ambient air quality standard

(NAAQS) for lead of 1.5 micrograms per cubic meter (g/

m3). [[Page 32592]] Emissions that result in ambient lead

concentrations below the NAAQS are also troubling. Ambient lead levels,

particularly in urban areas, may already represent a substantial

portion of the lead NAAQS (56 FR 7167, February 21, 1991; 52 FR 16994,

May 6, 1987) (existing substantial ambient concentrations of lead

justify lowering permissible air emissions for lead from boilers and

industrial furnaces burning hazardous waste). Estimates indicate that

300 individuals may be exposed to ambient lead levels above 1.0

g/m3 (two-thirds the current NAAQS) and 1500 individuals

may be exposed to levels above 0.5 g/m3 (one-third the

current NAAQS) due to the area source smelters. Finally, recent

scientific information suggests that lead blood levels in children

lower than previously thought may cause adverse health effects (56 FR

7167, February 21, 1991; 56 FR 26469, June 7, 1991) (establishing

standards for lead in drinking water).

Lead is also persistent in the environment and individuals,

particularly children, can be exposed through pathways other than

inhalation. The sites of two former smelters have required Federal

cleanup action under the Comprehensive Environmental Response,

Compensation, and Liability Act, also known as ``Superfund.'' Both

sites were contaminated by lead deposition onto surrounding soil.

Deposition at these sites was caused by the same types of air emission

sources that will be regulated by this rule.

In short, the EPA finds that secondary lead smelter area sources

pose potential adverse human health and environmental threats that

justify listing under section 112(c)(3). The Agency further finds that

MACT standards are the most appropriate for these sources.

The EPA considers the cost impacts of the final rule, including the

regulation of area source smelters by MACT standards, to be reasonable.

The pollutants being regulated are especially toxic, warranting

heightened control. (cf. S. Rept. 228, 101st Cong., 1st sess., 173.)

The overall cost-effectiveness of the rule will be about $1,400 per Mg

($1,300 per ton) of HAP reduced. The EPA's decision to regulate both

major and area sources by the same standards also eliminates the

potential for adverse effects on competition within the industry.

Finally, the EPA believes that regulating all smelters under the

same regulations is consistent with the Agency's responsibilities for

achieving environmental justice under Executive Order (E.O.) No. 12898.

Historically, some secondary lead smelters have had adverse impacts on

communities that are disproportionately represented by minority and

lower income populations. Some area source smelters are currently

located in communities that are disproportionately represented by

minority and lower income populations. Therefore, the EPA believes that

regulating all smelters under MACT standards addresses the objectives

of E.O. 12898.

B. Hydrogen Chloride/Chlorine Emission Standards

The proposed rule contained emission standards and monitoring

requirements to control HCl and Cl2 emissions from all furnace

types. Hydrogen chloride and Cl2 are formed from the combustion of

PVC plastic separators that are found in some used lead-acid batteries.

The only significant source of HCl/Cl2 emissions is from feedstock

materials containing PVC. At proposal, the EPA believed that many used

lead-acid batteries contained PVC separators. Based on the results of

tests at several smelters, the EPA predicted at proposal that the

addition of soda ash or limestone fluxing agents to the feed material

could achieve the same level of HCl/Cl2 control as an acid gas

scrubber, but at a much lower cost. The proposed emission standards and

monitoring requirements and the estimated cost impacts were based on

the use of fluxing agents.

Several comments were received stating that the feasibility of

fluxing as a control may be overstated and scrubbers may be necessary

in many cases. Several commenters also asserted that the proposed HCl/

Cl2 emission standards are not needed because PVC is no longer

used as a separator material. Information obtained by the EPA since

proposal confirms that PVC is no longer used as a separator material

and the proportion of spent batteries with PVC is expected to decline

as these batteries are removed from service and recycled (Docket Item

IV-D-34). In 1990, about 1 percent of scrap batteries processed at lead

smelters contained PVC separators. In 1994, less than 0.1 percent of

scrap batteries contain PVC. The EPA predicts that by the time existing

smelters must demonstrate compliance with these standards in 1997,

batteries containing PVC will only be present in the scrap battery

inventory in trace amounts, resulting, at most, in only trivial amounts

of HCl or Cl2 air emissions.

Data provided to the EPA since proposal also indicates that the EPA

may have overstated the feasibility of fluxing as a control option. At

the blast furnace tested by the EPA, powdered fluxing agents were mixed

with flue dust in a briquetting machine and the briquettes were then

charged to the furnace. This smelter is the only facility handling flux

and flue dust in this manner. After proposal, the operators of a blast-

furnace-only smelter that recycled agglomerated flue dust sponsored an

HCl testing program in which additional flux was added to the furnace

separately in the form of crushed limestone. The test results obtained

show that additional fluxing in this manner achieved no incremental

reduction in HCl emissions. A reevaluation of the fluxing issue

suggests that flux material must be mixed with the flue dust, for

example through briquetting, to achieve effective HCl/Cl2 control.

Mixing powdered flux and the flue dust is necessary to achieve a close

physical association to promote the chemical reactions that prevent HCl

and Cl2 emissions.

If HCl/Cl2 control were still required by the rule, those

smelters that do not currently operate a scrubber or combine flue dust

with flux before charging them to the furnace would need to install and

operate a scrubber or reconfigure the flue dust handling and flux

delivery system. The cost impacts of the proposed HCl/Cl2 emission

standards, therefore, would be substantially greater than those

estimated at proposal. However, as noted above, the EPA predicts that

secondary lead smelters will no longer be sources of HCl or Cl2

emissions when the rule takes effect. For that reason, the EPA is

withdrawing the proposed HCl/Cl2 emission standards and associated

monitoring requirements.

Six commenters agreed with the EPA's decision to withdraw the HCl/

Cl2 emission standards and associated monitoring requirements for

this rule. Two commenters disagreed with EPA's decision to withdraw the

HCl/Cl2 emission standards. One argued that lead-contaminated

personal protective equipment (PPE) that is disposed of in the smelting

furnaces could be a source of PVC in addition to battery separators.

The other commenter argued for temporary HCl/Cl2 emission

standards for a minimum of 3 to 5 years to confirm that HCl/Cl2

emissions have been reduced.

Data provided by a smelter operator indicate that less than one ton

per year of lead-contaminated PPE is disposed of in the smelting

furnace of a large smelter. Only a fraction of PPE is PVC and only a

fraction of PVC is chlorine (Docket Item IV-D-47). Therefore, the

potential HCl/Cl2 emissions attributed to PPE disposal is minimal.

A worse case estimate of HCl/Cl2 emissions due to PPE disposal

indicates maximum [[Page 32593]] emissions on the order of a few

hundred pounds per year.

In regard to the issuance of temporary standards, pending

confirmation that HCl/Cl2 emissions have been reduced, the EPA

acknowledges that such an action would be prudent if the predicted

decline in PVC was uncertain. However, the EPA is reasonably confident

that the predicted decline in PVC separators in secondary lead smelter

feedstock will continue and PVC will be present in only trace

quantities by the 1997 effective date of this rule. Therefore, it is

EPA's judgement that a temporary HCl/Cl2 emission standard is

unnecessary.

After considering all comments, the EPA believes the HCl/Cl2

emission standards and associated monitoring requirements should be

deleted from the rule.

C. Metal Hazardous Air Pollutant Monitoring Requirements

The proposed rule would have required each smelter to install and

operate a COM and establish a site-specific opacity limit during the

initial lead compound compliance test for process sources. Exceeding

this opacity limit would have constituted a violation of the lead

compound emission standard. For process fugitive and fugitive dust

sources, the proposed rule required an annual lead test and a baghouse

inspection and maintenance plan.

The EPA received many comments that presented technical arguments

against the proposed metal HAP monitoring requirements. Several

commenters argued that there is a poor correlation among lead,

particulate matter, and opacity at low grain loadings. Therefore, the

argument goes, opacity cannot be used as a reliable surrogate to

indicate compliance with a numerical lead emission limit. Other

commenters recommended that other technologies are more reliable,

accurate, and cost effective than COM's for detecting broken bags in

baghouses, particularly bag leak detection systems using triboelectric

or light scattering effects.

Based on these comments and additional information collected from

monitoring equipment vendors since proposal, the EPA has revised the

metal HAP monitoring requirements. The final monitoring provisions

require an SOP for baghouse inspection and maintenance that includes a

bag leak detection system with an alarm and a corrective action plan

for responding to alarms. The same monitoring requirements will apply

to all metal HAP emission sources that are controlled by baghouses

(i.e., process, process fugitive, and fugitive dust sources).

The bag leak detection system must be fully operational prior to

the initial lead compliance test. However, the detection system will

not be used to monitor compliance with the numerical lead emission

limit; it will be used to monitor baghouse performance and operating

conditions to indicate baghouse failures.

The EPA agrees that COM's cannot be used to monitor compliance with

a numerical lead compound emission limit applicable to secondary lead

smelting. Instead, the EPA has determined that compliance can be

demonstrated and ensured through well-specified operation and

maintenance procedures as delineated in this final rule.

D. Exemption From Resource Conservation and Recovery Act Boiler and

Industrial Furnace Emission Standards

The EPA proposed to continue the exemption (40 CFR 266.100(c)) for

RCRA regulation of air emissions from secondary lead smelters burning

hazardous wastes solely for metal recovery. All commenters agreed that

this is an appropriate approach. As the EPA stated at proposal, this

exemption is temporary and permanent resolution can be made at the time

of the section 112(f) residual risk determination.

V. Administrative Requirements

A. Docket

The docket is an organized and complete file of all the information

considered by the EPA in the development of this rulemaking. The docket

is a dynamic file, since material is added throughout the rulemaking

development. The docket system is intended to allow members of the

public and affected industries to readily identify and locate documents

so that they can effectively participate in the rulemaking process.

Along with the BID's and preambles to the proposed and promulgated

standards, the contents of the docket will serve as the official record

in case of judicial review (section 307(d)(7)(A) of the Act).

B. Executive Order 12866

The Agency must determine whether a regulatory action is

``significant'' and therefore subject to OMB review and the

requirements of the E.O. 12866, (58 FR 51735, October 4, 1993). The

Executive Order defines ``significant regulatory action'' as one that

is likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs, or the rights and obligations of

recipients thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

The EPA has submitted this action to OMB for review. Changes made

in response to OMB suggestions or recommendations have been documented

in Docket A-92-43 (see the ADDRESSES section of this preamble).

C. Unfunded Mandates Act

Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded

Mandates Act'') requires that the Agency prepare a budgetary impact

statement before promulgating a rule that includes a Federal mandate

that may result in expenditure by State, local, and tribal governments,

in aggregate, or by the private sector, of $100 million or more in any

1 year. Section 203 requires the Agency to establish a plan for

obtaining input from and informing, educating, and advising any small

governments that may be significantly or uniquely affected by the rule.

Under section 205 of the Unfunded Mandates Act, the Agency must

identify and consider a reasonable number of regulatory alternatives

before promulgating a rule for which a budgetary impact statement must

be prepared. The Agency must select from those alternatives the least

costly, most cost-effective, or least burdensome alternative that

achieves the objectives of the rule, unless the Agency explains why

this alternative is not selected or the selection of this alternative

is inconsistent with law.

Because this final rule is estimated to result in the expenditure

by State, local, and tribal governments or the private sector of

significantly less than $100 million in any 1 year, the Agency has not

prepared a budgetary impact statement or specifically addressed the

selection of the least costly, most cost-effective, or least burdensome

alternative. Because small governments will not be significantly or

uniquely affected by this rule, the Agency is not

[[Page 32594]] required to develop a plan with regard to small

governments.

D. Paperwork Reduction Act

Information collection requirements associated with this regulation

(those included in 40 CFR part 63, subpart A and subpart X) have been

approved by the Office of Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et

seq., and have been assigned OMB control number 2060-0296. An

Information Collection Request (ICR) document has been prepared by the

EPA (ICR No. 1686.02) to reflect the revised information requirements

of the final rule and has been submitted to OMB for review. A copy may

be obtained from Sandy Farmer, Information Policy Branch, 401 M Street,

SW. (2136), Washington, DC 20460, or by calling (202) 260-2740.

The annual industry recordkeeping and reporting burden and costs

averaged over the first 3 years for secondary lead smelters are 11,300

hours and $452,000 per year. This collection of information is

estimated to have an annual government recordkeeping and reporting

burden averaging 1,600 hours over the first 3 years. These burden

estimates include time for reviewing instructions, searching existing

data sources, gathering and maintaining the data needed, and completing

and reviewing the collection of information.

Send comments regarding the burden estimate or any other aspects of

this collection of information, including suggestions for reducing this

burden to Chief, Information Policy Branch (EPA 2136); U.S.

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460; and to the Office of Information and Regulatory Affairs, Office

of Management and Budget, Washington, DC 20503, marked ``Attention:

Desk Officer for the EPA.''

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (or RFA, Public Law 96-354,

September 19, 1980) requires Federal agencies to give special

consideration to the impact of regulation on small businesses. The RFA

specifies that a regulatory flexibility analysis must be prepared if a

screening analysis indicates a regulation will have a significant

economic impact on a substantial number of small entities. For this

industry, a small entity is defined as one with 500 or fewer employees.

A ``substantial number'' of small entities is generally considered to

be more than 20 percent of the small entities in the affected industry.

Regulatory impacts are considered significant if:

(1) Annual compliance costs increase total costs of production by

more than 5 percent;

(2) Annual compliance costs as a percent of sales are at least 20

percent higher for small entities;

(3) Capital cost of compliance represents a significant portion of

capital available to small entities; or

(4) The requirements of the regulation are likely to result in

closures of small entities.

The results of the economic assessment performed at proposal served

as the regulatory flexibility analysis and indicated that the rule will

have an economic impact on small business entities. The assessment has

not been updated because the impacts on the small entities have not

increased since proposal. However, adverse economic impacts have been

minimized to the greatest extent possible in this rulemaking, and those

that remain are unavoidable. All of the small entities that are

currently operating and that are impacted are major sources of HAP's

for which the EPA is required to adopt MACT standards. Consequently,

the economic impacts cannot be minimized by promulgating less stringent

standards based on generally achievable control technology (GACT). The

final standards are based on MACT floor controls, and in no instance

did the EPA establish standards based on controls more stringent than

the floor. The EPA was also able to identify alternatives to add-on

controls (e.g., work practice controls) in the MACT floors that offered

equivalent levels of control. The EPA has minimized the impacts

associated with monitoring by adopting a surrogate pollutant approach

and by allowing for alternative monitoring strategies when available.

The impacts on all entities have been reduced since proposal by

withdrawing the HCl/Cl2 emission standards and by revising the

metal HAP monitoring requirements. Finally, the EPA has minimized the

impacts associated with recordkeeping and reporting by promulgating

only the minimum requirements needed to document continuous compliance

with the emission limits.

List of Subjects

40 CFR Part 9

Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 63

Air pollution control, Hazardous substances, Incorporation by

reference, Reporting and recordkeeping requirements, Secondary lead

smelters.

Dated: May 31, 1995.

Carol M. Browner,

Administrator.

For the reasons set out in the preamble, title 40, chapter I, of

the Code of Federal Regulations is amended as follows:

PART 9--[AMENDED]

1. The authority citation for part 9 continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,

2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 1345

(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 Comp.

p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2,

300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4,

300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-9657,

11023, 11048.

2. Section 9.1 is amended by adding a new entry to the table under

the indicated heading to read as follows:

Sec. 9.1 OMB approvals under the Paperwork Reduction Act.

* * * * *

40 CFR citation OMB control No.

* * * * *

National Emission Standards for Hazardous Air Pollutants for Source

Categories \3\.........................................................

* * * * *

63.548-63.550...................... 2060-0296

* * * * *

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

\3\ The ICRs referenced in this section of the Table encompass the

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

which are not independent information collection requirements.

PART 63--[AMENDED]

1. The authority citation for part 63 continues to read as follows:

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

2. Part 63 is amended by adding subpart X to read as follows:

Subpart X--National Emission Standards for Hazardous Air Pollutants

From Secondary Lead Smelting

Sec.

63.541 Applicability.

63.542 Definitions.

63.543 Standards for process sources.

63.544 Standards for process fugitive sources.

63.545 Standards for fugitive dust sources.

63.546 Compliance dates.

63.547 Test methods.

63.548 Monitoring requirements.

63.549 Notification requirements.

63.550 Recordkeeping and reporting requirements. [[Page 32595]]

SUBPART X--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

FROM SECONDARY LEAD SMELTING

Sec. 63.541 Applicability.

(a) The provisions of this subpart apply to the following affected

sources at all secondary lead smelters: blast, reverberatory, rotary,

and electric smelting furnaces; refining kettles; agglomerating

furnaces; dryers; process fugitive sources; and fugitive dust sources.

The provisions of this subpart do not apply to primary lead smelters,

lead refiners, or lead remelters.

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

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

secondary lead smelters subject to this subpart.

Table 1.--General Provisions Applicability to Subpart X

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

Applies to

Reference subpart X Comment

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

63.1......................... Yes.

63.2......................... Yes.

63.3......................... Yes.

63.4......................... Yes.

63.5......................... Yes.

63.6 (a), (b), (c), (e), (f), Yes.

(g), (i) and (j).

63.6 (d) and (h)............. No. No opacity limits in rule.

63.7......................... Yes.

63.8......................... Yes.

63.9 (a), (b), (c), (d), (e), Yes.

(g), (h)(1-3), (h)(5-6), and

(j).

63.9 (f) and (h)(4).......... No. No opacity or visible

emission limits in subpart

X.

63.10........................ Yes.

63.11........................ No. Flares will not be used to

comply with the emission

limits.

63.12 to 63.15............... Yes.

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

Sec. 63.542 Definitions.

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

this part, or in this section as follows:

Agglomerating furnace means a furnace used to melt into a solid

mass flue dust that is collected from a baghouse.

Bag leak detection system means systems that include, but are not

limited to, devices using triboelectric, light scattering, and other

effects to monitor relative or absolute particulate matter emissions.

Battery breaking area means the plant location at which lead-acid

batteries are broken, crushed, or disassembled and separated into

components.

Blast furnace means a smelting furnace consisting of a vertical

cylinder atop a crucible, into which lead-bearing charge materials are

introduced at the top of the furnace and combustion air is introduced

through tuyeres at the bottom of the cylinder, and that uses coke as a

fuel source and that is operated at such a temperature in the

combustion zone (greater than 980 deg.C) that lead compounds are

chemically reduced to elemental lead metal.

Blast furnace charging location means the physical opening through

which raw materials are introduced into a blast furnace.

Dryer means a chamber that is heated and that is used to remove

moisture from lead-bearing materials before they are charged to a

smelting furnace.

Dryer transition piece means the junction between a dryer and the

charge hopper or conveyor, or the junction between the dryer and the

smelting furnace feed chute or hopper located at the ends of the dryer.

Electric furnace means a smelting furnace consisting of a vessel

into which reverberatory furnace slag is introduced and that uses

electrical energy to heat the reverberatory furnace slag to such a

temperature (greater than 980 deg.C) that lead compounds are reduced

to elemental lead metal.

Enclosure hood means a hood that covers a process fugitive emission

source on the top and on all sides, with openings only for access to

introduce or remove materials to or from the source and through which

an induced flow of air is ventilated.

Fugitive dust source means a stationary source of hazardous air

pollutant emissions at a secondary lead smelter that is not associated

with a specific process or process fugitive vent or stack. Fugitive

dust sources include, but are not limited to, roadways, storage piles,

materials handling transfer points, materials transport areas, storage

areas, process areas, and buildings.

Furnace and refining/casting area means any area of a secondary

lead smelter in which:

(1) Smelting furnaces are located; or

(2) Refining operations occur; or

(3) Casting operations occur.

Materials storage and handling area means any area of a secondary

lead smelter in which lead-bearing materials (including, but not

limited to, broken battery components, slag, flue dust, and dross) are

stored or handled between process steps including, but not limited to,

areas in which materials are stored in piles, bins, or tubs, and areas

in which material is prepared for charging to a smelting furnace.

Partial enclosure means a structure that incorporates walls or

partitions on at least three sides or three-quarters of the

circumference of an area to screen the material or process equipment

located therein to prevent the entrainment of particulate matter into

the air.

Pavement cleaning means the use of vacuum equipment, water sprays,

or a combination thereof to remove dust or other accumulated material

from the paved areas of a secondary lead smelter.

Plant roadway means any area of a secondary lead smelter that is

subject to vehicle traffic, including traffic by fork lifts, front-end

loaders, or vehicles carrying whole batteries or cast lead ingots.

Excluded from this definition are employee and visitor parking areas,

provided they are not subject to traffic by vehicles carrying lead-

bearing materials.

Process fugitive emission source means a source of hazardous air

pollutant emissions at a secondary lead smelter that is associated with

lead smelting or refining but is not the primary exhaust stream from a

smelting furnace and is not a fugitive dust source. Process fugitive

sources include, but are not limited to, smelting furnace charging

points, smelting furnace lead and slag taps, refining kettles,

agglomerating furnaces, and drying kiln transition pieces.

Refining kettle means an open-top vessel that is constructed of

cast iron or steel and is indirectly heated from below and contains

molten lead for the purpose of refining and alloying the lead. Included

are pot furnaces, receiving kettles, and holding kettles.

Reverberatory furnace means a refractory-lined furnace that uses

one or more flames to heat the walls and roof of the furnace and lead-

bearing scrap to such a temperature (greater than 980 oC) that lead

compounds are chemically reduced to elemental lead metal.

Rotary furnace (also known as a rotary reverberatory furnace) means

a furnace consisting of a refractory-lined chamber that rotates about a

horizontal axis and that uses one or more flames to heat the walls of

the furnace and lead-bearing scrap to such a temperature (greater than

980 oC) that lead compounds are chemically reduced to elemental lead

metal.

Secondary lead smelter means any facility at which lead-bearing

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

recycled into elemental lead by smelting. [[Page 32596]]

Smelting means the chemical reduction of lead compounds to lead

metal in high-temperature furnaces including, but not limited to, blast

furnaces, reverberatory furnaces, rotary furnaces, and electric

furnaces.

Total enclosure means a building with a roof and walls or

partitions on all sides or the entire circumference to shelter the

materials and/or process equipment located therein to prevent the

entrainment of particulate matter into the air and with openings only

to allow access and egress for people and vehicles.

Vehicle wash means a device for removing dust and other accumulated

material from the wheels, body, and underside of a vehicle to prevent

the inadvertent transfer of lead-contaminated material to another area

of a secondary lead smelter or to public roadways.

Wet suppression means the use of water, water combined with a

chemical surfactant, or a chemical binding agent to prevent the

entrainment of dust into the air from fugitive dust sources.

Sec. 63.543 Standards for process sources.

(a) No owner or operator of a secondary lead smelter shall

discharge or cause to be discharged into the atmosphere from any

existing, new, or reconstructed blast, reverberatory, rotary, or

electric smelting furnace any gases that contain lead compounds in

excess of 2.0 milligrams of lead per dry standard cubic meter (0.00087

grains of lead per dry standard cubic foot).

(b) [Reserved]

(c) No owner or operator of a secondary lead smelter with a

collocated blast furnace and reverberatory furnace shall discharge or

cause to be discharged into the atmosphere from any existing, new, or

reconstructed blast furnace or reverberatory furnace any gases that

contain total hydrocarbons in excess of 20 parts per million by volume,

expressed as propane corrected to 4 percent carbon dioxide, except as

allowed under paragraphs (c)(1) and (c)(2) of this section.

(1) No owner or operator of a secondary lead smelter with a

collocated blast furnace and reverberatory furnace shall discharge or

cause to be discharged into the atmosphere from any existing blast

furnace any gases that contain total hydrocarbons in excess of 360

parts per million by volume, expressed as propane corrected to 4

percent carbon dioxide, during periods when the reverberatory furnace

is not operating.

(2) No owner or operator of a secondary lead smelter with a

collocated blast furnace and reverberatory furnace shall discharge or

cause to be discharged into the atmosphere from any blast furnace that

commences construction or reconstruction after June 9, 1994, any gases

that contain total hydrocarbons in excess of 70 parts per million by

volume, expressed as propane corrected to 4 percent carbon dioxide,

during periods when the reverberatory furnace is not operating.

(d) No owner or operator of a secondary lead smelter with only

blast furnaces shall discharge or cause to be discharged into the

atmosphere from any existing blast furnace any gases that contain total

hydrocarbons in excess of 360 parts per million by volume, expressed as

propane corrected to 4 percent carbon dioxide.

(e) No owner or operator of a secondary lead smelter with only

blast furnaces shall discharge or cause to be discharged into the

atmosphere from any blast furnace that commences construction or

reconstruction after June 9, 1994, any gases that contain total

hydrocarbons in excess of 70 parts per million by volume, expressed as

propane corrected to 4 percent carbon dioxide.

(f) If the owner or operator of a blast furnace or collocated blast

and reverberatory furnace combines the blast furnace charging process

fugitive emissions with the blast furnace process emissions and

discharges them to the atmosphere through a common emission point, then

compliance with the applicable total hydrocarbon concentration limit

under paragraph (c) of this section shall be determined downstream from

the point at which the two emission streams are combined.

(g) If the owner or operator of a blast furnace or a collocated

blast and reverberatory furnace does not combine the blast furnace

charging process fugitive emissions with the blast furnace process

emissions and discharges such emissions to the atmosphere through

separate emission points, then the total hydrocarbon emission rate for

the blast furnace process fugitive emissions shall not be greater than

0.20 kilograms per hour (0.44 pounds per hour).

(h) The standards for process sources are summarized in table 2.

Table 2.--Summary of Standards for Process Sources

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

Lead

compounds

(milligrams

Furnace per dry Total Citation

configuration standard hydrocarbons

cubic

meter)

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

Collocated 2.0 20 parts per Sec. 63.543 (a), (c).

reverberatory/ million by

blast (when volume \1\.

both furnaces

operating).

(when 2.0 360 parts per Sec. 63.543 (a), (c)(1).

reverberatory million by

furnace not volume \1\

operating). (existing).

70 parts per Sec. 63.543 (a), (c)(2).

million by

volume \1\

(new) \2\.

Blast.......... 2.0 360 parts per Sec. 63.543 (a), (d).

million by

volume \1\

(existing).

70 parts per Sec. 63.543(e).

million by

volume \1\

(new) \2\.

0.20 kilograms Sec. 63.543(g).

per hour \3\.

Reverberatory, 2.0 None........... Sec. 63.543(a).

rotary, and

electric.

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

\1\ Total hydrocarbons emission limits are as propane at 4 percent

carbon dioxide to correct for dilution, based on a 3-hour average.

\2\ New sources include those furnaces that commence construction or

reconstruction after June 9, 1994.

\3\ Applicable to blast furnace charging process fugitive emissions that

are not combined with the blast furnace process emissions prior to the

point at which compliance with the total hydrocarbons concentration

standard is determined.

Sec. 63.544 Standards for process fugitive sources.

(a) Each owner or operator of a secondary lead smelter shall

control the process fugitive emission sources listed in paragraphs

(a)(1) through (a)(6) of this section by complying with either

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

(1) Smelting furnace and dryer charging hoppers, chutes, and skip

hoists; [[Page 32597]]

(2) Smelting furnace lead taps and molds;

(3) Smelting furnace slag taps and molds;

(4) Refining kettles;

(5) Dryer transition pieces; and

(6) Agglomerating furnace product taps.

(b) All process fugitive emission sources listed in paragraphs

(a)(1) through (a)(6) of this section shall be controlled by an

enclosure hood meeting the requirements of paragraphs (b)(1), (b)(2),

or (b)(3) of this section except those meeting the requirements of

paragraph (c) of this section. All enclosure hoods shall be ventilated

to a control device that shall not discharge to the atmosphere any

gases that contain lead compounds in excess of 2.0 milligrams of lead

per dry standard cubic meter (0.00087 grains of lead per dry standard

cubic foot).

(1) All process fugitive enclosure hoods except those specified for

refining kettles and dryer transition pieces shall be ventilated to

maintain a face velocity of at least 90 meters per minute (300 feet per

minute) at all hood openings.

(2) Process fugitive enclosure hoods required for refining kettles

in paragraph (a) of this section shall be ventilated to maintain a face

velocity of at least 75 meters per minute (250 feet per minute).

(3) Process fugitive enclosure hoods required over dryer transition

pieces in paragraph (a) of this section shall be ventilated to maintain

a face velocity of at least 110 meters per minute (350 feet per

minute).

(c) All process fugitive emission sources listed in paragraphs

(a)(1) through (a)(6) of this section except those controlled by hoods

meeting the requirements of paragraphs (b)(1) through (b)(3) of this

section shall be located in a total enclosure that is ventilated to

achieve an air velocity into the enclosure at all doorway openings of

not less than 75 meters per minute (250 feet per minute). This

enclosure shall be ventilated to a control device that shall not

discharge to the atmosphere any gases that contain lead compounds in

excess of 2.0 milligrams of lead per dry standard cubic meter (0.00087

grains per dry standard cubic foot).

(d) All dryer emission vents and agglomerating furnace emission

vents shall be ventilated to a control device that shall not discharge

to the atmosphere any gases that contain lead compounds in excess of

2.0 milligrams of lead per dry standard cubic meter (0.00087 grains per

dry standard cubic foot).

(e) The standards for process fugitive sources are summarized in

table 3.

Table 3.--Summary of Standards for Process Fugitive Sources

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

Control

device lead

compound Enclosed

emission hood or

limit doorway

Fugitive emission source (milligrams face Citation

per dry velocity

standard (meters/

cubic minute)

meter)

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

Control Option I:

Smelting furnace and dryer charging hoppers, 2.0 \1\ 90 Sec. 63.544(b)

chutes, and skip hoists.

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

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

Refining kettles............................. 2.0 \1\ 75 Sec. 63.544(b)

Dryer transition pieces...................... 2.0 \1\ 110 Sec. 63.544(b)

Agglomerating furnace process vents and 2.0 \1\ 90 Sec. 63.544(b)

product taps.

Control Option II:

Enclosed building ventilated to a control 2.0 \2\ 75 Sec. 63.544(c)

device.

Applicable to Both Control Options:

Dryer and agglomerating furnace emission 2.0 ........... Sec. 63.544(d)

vents.

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

\1\ Enclosure hood face velocity applicable to those process fugitive sources not located in an enclosed

building ventilated to a control device.

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

Sec. 63.545 Standards for fugitive dust sources.

(a) Each owner or operator of a secondary lead smelter shall

prepare and at all times operate according to a standard operating

procedures manual that describes in detail the measures that will be

put in place to control fugitive dust emission sources within the areas

of the secondary lead smelter listed in paragraphs (a)(1) through

(a)(5) of this section.

(1) Plant roadways;

(2) Battery breaking area;

(3) Furnace area;

(4) Refining and casting area; and

(5) Materials storage and handling area.

(b) The standard operating procedures manual shall be submitted to

the Administrator or delegated authority for review and approval.

(c) The controls specified in the standard operating procedures

manual shall at a minimum include the requirements of paragraphs (c)(1)

through (c)(5) of this section.

(1) Plant roadways--paving of all areas subject to vehicle traffic

and pavement cleaning twice per day of those areas, except on days when

natural precipitation makes cleaning unnecessary or when sand or a

similar material has been spread on plant roadways to provide traction

on ice or snow.

(2) Battery breaking area--partial enclosure of storage piles, wet

suppression applied to storage piles with sufficient frequency and

quantity to prevent the formation of dust, and pavement cleaning twice

per day; or total enclosure of the battery breaking area in a structure

meeting the requirements of 40 CFR 265.1101(a) and (c) and ventilation

of the enclosure to a control device.

(3) Furnace area--partial enclosure and pavement cleaning twice per

day; or total enclosure in a structure meeting the requirements of 40

CFR 265.1101(a) and (c) and ventilation of the enclosure to a control

device.

(4) Refining and casting area--partial enclosure and pavement

cleaning twice per day; or total enclosure in a structure meeting the

requirements of 40 CFR 265.1101(a) and (c) and ventilation of the

enclosure to a control device. [[Page 32598]]

(5) Materials storage and handling area--partial enclosure of

storage piles, wet suppression applied to storage piles with sufficient

frequency and quantity to prevent the formation of dust, vehicle wash

at each exit from the area, and paving of the area; or total enclosure

of the area in a structure meeting the requirements of 40 CFR

265.1101(a) and (c) and ventilation of the enclosure to a control

device and a vehicle wash at each exit.

(d) The standard operating procedures manual shall require that

daily records be maintained of all wet suppression, pavement cleaning,

and vehicle washing activities performed to control fugitive dust

emissions.

(e) No owner or operator of a secondary lead smelter shall

discharge or cause to be discharged into the atmosphere from any

building or enclosure ventilation system any gases that contain lead

compounds in excess of 2.0 milligrams of lead per dry standard cubic

meter (0.00087 grains of lead per dry standard cubic foot).

Sec. 63.546 Compliance dates.

(a) Each owner or operator of an existing secondary lead smelter

shall achieve compliance with the requirements of this subpart no later

than June 23, 1997.

(b) Each owner or operator of a secondary lead smelter that

commences construction or reconstruction after June 9, 1994, shall

achieve compliance with the requirements of this subpart by June 23,

1995 or upon startup of operations, whichever is later.

Sec. 63.547 Test methods.

(a) The following test methods in appendix A of part 60 of this

chapter in paragraphs (a)(1) through (a)(5) of this section shall be

used to determine compliance with the emission standards for lead

compounds under Secs. 63.543(a), 63.544(b), (c), and (d), and

63.545(e):

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

the number of traverse points.

(2) Method 2 shall be used to measure volumetric flow rate.

(3) Method 3 shall be used for gas analysis to determine the dry

molecular weight of the stack gas.

(4) Method 4 shall be used to determine moisture content of the

stack gas.

(5) Method 12 shall be used to determine compliance with the lead

compound emission standards. The minimum sample volume shall be 0.85

dry standard cubic meters (30 dry standard cubic feet) and the minimum

sampling time shall be 60 minutes for each run. Three runs shall be

performed and the average of the three runs shall be used to determine

compliance.

(b) The following test methods in appendix A of part 60 listed in

paragraphs (b)(1) through (b)(5) of this section shall be used, as

specified, to determine compliance with the emission standards for

total hydrocarbons under Sec. 63.543(c), (d), (e), and (g):

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

determine compliance under Sec. 63.543(c), (d), (e), and (g).

(2) Method 2 shall be used to measure volumetric flow rate to

determine compliance under Sec. 63.543(g).

(3) The Single Point Integrated Sampling and Analytical Procedure

of Method 3B shall be used to measure the carbon dioxide content of the

stack gases to determine compliance under Sec. 63.543(c), (d), and (e).

(4) Method 4 shall be used to measure moisture content of the stack

gases to determine compliance under Sec. 63.543(c), (d), (e), and (g).

(5) Method 25A shall be used to measure total hydrocarbon emissions

to determine compliance under Sec. 63.543(c), (d), (e), and (g). The

minimum sampling time shall be 1 hour for each run. A minimum of three

runs shall be performed. A 1-hour average total hydrocarbon

concentration shall be determined for each run and the average of the

three 1-hour averages shall be used to determine compliance. The total

hydrocarbon emissions concentrations for determining compliance under

Sec. 63.543(c), (d), and (e) shall be expressed as propane and shall be

corrected to 4 percent carbon dioxide, as described in paragraph (c) of

this section.

(c) For the purposes of determining compliance with the emission

limits under Sec. 63.543(c), (d), and (e), the measured total

hydrocarbon concentrations shall be corrected to 4 percent carbon

dioxide as listed in paragraphs (c)(1) through (c)(2) of this section

in the following manner:

(1) If the measured percent carbon dioxide is greater than 0.4

percent in each compliance test, the correction factor shall be

determined by using the following equation:

[GRAPHIC][TIFF OMITTED]TR23JN95.015

where:

F=correction factor (no units)

CO2=percent carbon dioxide measured using Method 3B, where the

measured carbon dioxide is greater than 0.4 percent.

(2) If the measured percent carbon dioxide is equal to or less than

0.4 percent, then a correction factor (F) of 10 shall be used.

(3) The corrected total hydrocarbon concentration shall be

determined by multiplying the measured total hydrocarbon concentration

by the correction factor (F) determined for each compliance test.

(d) Compliance with the face velocity requirements under

Sec. 63.544(b) and (c) for process fugitive enclosure hoods shall be

determined by the following test methods in paragraph (d)(1) or (d)(2)

of this section.

(1) Owners and operators shall calculate face velocity using the

procedures in paragraphs (d)(1)(i) through (d)(1)(iv) of this section.

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

the duct leading from the process fugitive enclosure hood to the

control device.

(ii) Method 2 shall be used to measure the volumetric flow rate in

the duct from the process fugitive enclosure hood to the control

device.

(iii) The face area of the hood shall be determined from

measurement of the hood. If the hood has access doors, then face area

shall be determined with the access doors in the fully open position.

(iv) Face velocity shall be determined by dividing the volumetric

flow rate determined in paragraph (d)(1)(ii) of this section by the

total face area for the hood determined in paragraph (d)(1)(iii) of

this section.

(2) The face velocity shall be measured directly using the

procedures in paragraphs (d)(2)(i) through (d)(2)(vi) of this section.

(i) A propeller anemometer or equivalent device shall be used to

measure hood face velocity.

(ii) The propeller of the anemometer shall be made of a material of

uniform density and shall be properly balanced to optimize performance.

(iii) When the anemometer is mounted with the propeller shaft in a

horizontal position, the threshold velocity of the anemometer shall not

exceed 15 meters per minute (50 feet per minute) as determined by a

procedure equivalent to that in Method 14 of appendix A of part 60.

(iv) The measurement range of the anemometer shall extend to at

least 300 meters per minute (1,000 feet per minute).

(v) A known relationship shall exist between the anemometer signal

output and air velocity, and the anemometer must be equipped with a

suitable readout system.

(vi) Hood face velocity shall be determined for each hood during

[[Page 32599]] normal operation with all access doors in the open

position and by placing the anemometer in the plane of the hood

opening.

(e) Owners and operators shall measure doorway air velocity to

determine compliance with the doorway velocity requirement for enclosed

buildings in Sec. 63.544(c) using the procedures in paragraphs (e)(1)

and (e)(2) of this section.

(1) Owners and operators shall use a propeller anemometer or

equivalent device meeting the requirements of paragraphs (d)(2)(ii)

through (d)(2)(v) of this section.

(2) Doorway air velocity into the building shall be determined for

each doorway in the open position during normal operation by placing

the anemometer in the plane of the doorway opening.

Sec. 63.548 Monitoring requirements.

(a) Owners and operators of secondary lead smelters shall prepare,

and at all times operate according to, a standard operating procedures

manual that describes in detail procedures for inspection, maintenance,

and bag leak detection and corrective action plans for all baghouses

(fabric filters) that are used to control process, process fugitive, or

fugitive dust emissions from any source subject to the lead emission

standards in Secs. 63.543, 63.544, and 63.545, including those used to

control emissions from building ventilation. This provision shall not

apply to process fugitive sources that are controlled by wet scrubbers.

(b) The standard operating procedures manual for baghouses required

by paragraph (a) of this section shall be submitted to the

Administrator or delegated authority for review and approval.

(c) The procedures specified in the standard operating procedures

manual for inspections and routine maintenance shall, at a minimum,

include the requirements of paragraphs (c)(1) through (c)(12) of this

section.

(1) Daily monitoring of pressure drop across each baghouse cell.

(2) Daily visual observation of baghouse discharge or stack.

(3) Daily visual inspection to ensure that dust is being removed

from hoppers.

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

(5) Daily visual inspection of isolation dampers for proper

operation.

(6) Daily monitoring of cleaning cycle by observing meters or

control panel instrumentation.

(7) Weekly visual inspection of bag cleaning mechanisms for proper

functioning.

(8) Weekly check of bag tension on reverse air and shaker type

baghouses.

(9) Monthly visual inspection of baghouse interior for air leaks.

(10) Monthly inspection of bags and bag connections.

(11) Monthly inspection of fans for wear, material buildup, and

corrosion.

(12) Continuous operation of a bag leak detection system.

(d) The procedures specified in the standard operating procedures

manual for maintenance shall, at a minimum, include a preventative

maintenance schedule that is consistent with the baghouse

manufacturer's instructions for routine and long-term maintenance.

(e) The bag leak detection system required by paragraph (c)(12) of

this section, shall meet the specifications and requirements of

paragraphs (e)(1) through (e)(5) of this section.

(1) The bag leak detection system must be capable of detecting

particulate matter emissions at concentrations of 1.0 milligram per

actual cubic meter (0.00044 grains per actual cubic foot) or less.

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

relative or absolute particulate matter emissions.

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

system that will alarm when an increase in particulate emissions is

detected.

(4) For negative pressure or induced air baghouses, the bag leak

detector must be installed downstream of the baghouse and upstream of

any wet acid gas scrubber. For positive pressure baghouses, a bag leak

detector must be installed in each baghouse compartment or cell. Where

multiple detectors are required, the system's instrumentation and alarm

may be shared among detectors.

(5) The bag leak detection system shall be installed and operated

in a manner consistent with available guidance from the U.S.

Environmental Protection Agency or, in the absence of such guidance,

the manufacturer's written specifications and recommendations for

installation, operation, and calibration of the system. The calibration

of the system shall, at a minimum, consist of establishing the relative

baseline output level by adjusting the sensitivity and the averaging

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

alarm delay time. The system must be fully operational at the time of

the initial lead compliance test required to demonstrate compliance

with the applicable lead emission standard under Secs. 63.543, 63.544,

or 63.545. The owner or operator shall not adjust the sensitivity,

averaging period, alarm set points, or alarm delay time after the

initial lead compliance test unless a test is performed to demonstrate

compliance with the applicable lead emission standard after the

adjustments are made.

(f) The standard operating procedures manual required by paragraph

(a) of this section shall include a corrective action plan that

specifies the procedures to be followed in the case of a bag leak

detection system alarm. The corrective action plan shall include, at a

minimum, the procedures used to determine and record the time and cause

of the alarm as well as the corrective actions taken to correct the

control device malfunction or minimize emissions as specified in

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

(1) The procedures used to determine the cause of the alarm must be

initiated within 30 minutes of the alarm.

(2) The cause of the alarm must be alleviated by taking the

necessary corrective action(s) which may include, but not be limited

to, paragraphs (f)(1)(i) through (f)(2)(vi) of this section.

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

elements, or any other malfunction that may cause an increase in

emissions.

(ii) Sealing off defective bags or filter media.

(iii) Replacing defective bags or filter media, or otherwise

repairing the control device.

(iv) Sealing off a defective baghouse compartment.

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

repairing the bag leak detection system.

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

(g) The owner or operator of a secondary lead smelter that uses a

wet scrubber to control particulate matter and metal hazardous air

pollutant emissions from a process fugitive source shall monitor and

record the pressure drop and water flow rate of the wet scrubber during

the initial test to demonstrate compliance with the lead emission limit

under Sec. 63.544(d). Thereafter, the owner or operator shall monitor

and record the pressure drop and water flow rate at least once every

hour and shall maintain the pressure drop and water flow rate no lower

than 30 percent below the pressure drop and water flow rate measured

during the initial compliance test.

(h) The owner or operator of a blast furnace or collocated

reverberatory and blast furnace subject to the total hydrocarbon

standards in Sec. 63.543(c), (d), or (e), must comply with the

requirements of either paragraph (h)(1) or (h)(2) of this section, to

demonstrate [[Page 32600]] continuous compliance with the total

hydrocarbon emission standards.

(1) Continuous Temperature Monitoring--(i) The owner or operator of

a blast furnace or a collocated reverberatory furnace and blast furnace

subject to the total hydrocarbon emission standards in Sec. 63.543(c),

(d), or (e) shall install, calibrate, maintain, and continuously

operate a device to monitor and record the temperature of the

afterburner or the combined blast furnace and reverberatory furnace

exhaust streams consistent with the requirements for continuous

monitoring systems in subpart A, General Provisions.

(ii) The owner or operator of a blast furnace or a collocated

reverberatory furnace and blast furnace subject to the total

hydrocarbon emission standards shall monitor and record the temperature

of the afterburner or the combined blast furnace and reverberatory

furnace exhaust streams every 15 minutes during the total hydrocarbon

compliance test and determine an arithmetic average for the recorded

temperature measurements.

(iii) To remain in compliance with the standards for total

hydrocarbons, the owner or operator must maintain an afterburner or

combined exhaust temperature such that the average temperature in any

3-hour period does not fall more than 28 deg.C (50 deg.F) below the

average established in paragraph (h)(1)(ii) of this section. An average

temperature in any 3-hour period that falls more than 28 deg.C (50

deg.F) below the average established in paragraph (h)(1)(ii) of this

section, shall constitute a violation of the applicable emission

standard for total hydrocarbons under Sec. 63.543(c), (d), or (e).

(2) Continuous Monitoring of Total Hydrocarbon Emissions--

(i) The owner or operator of a secondary lead smelter shall

install, operate, and maintain a total hydrocarbon continuous

monitoring system and comply with all of the requirements for

continuous monitoring systems found in subpart A, General Provisions.

(ii) Allowing the 3-hour average total hydrocarbon concentration to

exceed the applicable total hydrocarbon emission limit under

Sec. 63.543 shall constitute a violation of the applicable emission

standard for total hydrocarbons under Sec. 63.543(c), (d), or (e).

Sec. 63.549 Notification requirements.

(a) The owner or operator of a secondary lead smelter shall comply

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

General Provisions.

(b) The owner or operator of a secondary lead smelter shall submit

the fugitive dust control standard operating procedures manual required

under Sec. 63.545(a) and the standard operating procedures manual for

baghouses required under Sec. 63.548(a) to the Administrator or

delegated authority along with a notification that the smelter is

seeking review and approval of the these plans and procedures. Owners

or operators of existing secondary lead smelters shall submit this

notification no later than December 23, 1996. The owner or operator of

a secondary lead smelter that commences construction or reconstruction

after June 9, 1994, shall submit this notification no later than 180

days before startup of the constructed or reconstructed secondary lead

smelter, but no sooner than June 23, 1995.

Sec. 63.550 Recordkeeping and reporting requirements.

(a) Each owner or operator of a secondary lead smelter shall

maintain for a period of 5 years, records of the information listed in

paragraphs (a)(1) through (a)(8) of this section.

(1) The results of initial and subsequent compliance tests for lead

compounds and total hydrocarbons.

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

detection system alarms, their cause, and an explanation of the

corrective actions taken.

(3) If an owner or operator chooses to demonstrate continuous

compliance with the total hydrocarbon emission standards under

Sec. 63.543(c), (d), or (e) by employing the method allowed in

Sec. 63.548(h)(1), the records shall include the output from the

continuous temperature monitor, an identification of periods when the

3-hour average temperature fell below the minimum established under

Sec. 63.548(h)(1), and an explanation of the corrective actions taken.

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

compliance with the total hydrocarbon emission standard under

Sec. 63.543(c), (d), or (e) by employing the method allowed in

Sec. 63.548(h)(2), the records shall include the output from the total

hydrocarbon continuous monitoring system, an identification of the

periods when the 3-hour average total hydrocarbon concentration

exceeded the applicable standard and an explanation of the corrective

actions taken.

(5) Records of maintenance, calibration, or other procedures

required by this rule for any monitoring system used to demonstrate

compliance with an applicable requirement.

(6) Any recordkeeping required as part of the practices described

in the standard operating procedures manual required under

Sec. 63.545(a) for the control of fugitive dust emissions.

(7) Any recordkeeping required as part of the practices described

in the standard operating procedures manual for baghouses required

under Sec. 63.548(a).

(8) Records of the pressure drop and water flow rate for wet

scrubbers used to control metal hazardous air pollutant emissions from

process fugitive sources.

(b) The owner or operator of a secondary lead smelter shall comply

with all of the reporting requirements under Sec. 63.10 of the General

Provisions. The submittal of reports shall be no less frequent than

specified under Sec. 63.10(e)(3) of the General Provisions. Once a

source reports a violation of the standard or excess emissions, the

source shall follow the reporting format required under

Sec. 63.10(e)(3) until a request to reduce reporting frequency is

approved.

(c) The reports required under paragraph (b) of this section shall

include the information specified in paragraphs (c)(1) through (c)(6)

of this section.

(1) The report shall include records of all alarms from the bag

leak detection system specified in Sec. 63.548(e).

(2) The report shall include a description of the procedures taken

following each bag leak detection system alarm pursuant to

Sec. 63.548(f)(1) and (2).

(3) The report shall include the information specified in either

paragraph (c)(3)(i) or (c)(3)(ii) of this section, consistent with the

monitoring option selected under Sec. 63.548(h).

(i) A record of the temperature monitor output, in 3-hour block

averages, for those periods when the temperature monitored pursuant to

Sec. 63.548(h)(1) fell below the level established in

Sec. 63.548(h)(1).

(ii) A record of the total hydrocarbon concentration, in 3-hour

block averages, for those periods when the total hydrocarbon

concentration being monitored pursuant to Sec. 63.548(h)(2) exceeds the

relevant limits established in Sec. 63.543(c), (d), and (e).

(4) The reports required under paragraph (b) of this section shall

contain a summary of the records maintained as part of the practices

described in the standard operating procedures manual for baghouses

required under Sec. 63.548(a) including an explanation of the periods

when the [[Page 32601]] procedures were not followed and the corrective

actions taken.

(5) The reports required under paragraph (b) of this section shall

contain an identification of the periods when the pressure drop and

water flow rate of wet scrubbers used to control process fugitive

sources dropped below the levels established in Sec. 63.548(g) and an

explanation of the corrective actions taken.

(6) The reports required under paragraph (b) of this section shall

contain a summary of the fugitive dust control measures performed

during the required reporting period, including an explanation of the

periods when the procedures outlined in the standard operating

procedures manual pursuant to Sec. 63.545(a) were not followed and the

corrective actions taken. The reports shall not contain copies of the

daily records required to demonstrate compliance with the requirements

of the standard operating procedures manuals required under

Secs. 63.545(a) and 63.548(a).

[FR Doc. 95-14908 Filed 6-22-95; 8:45 am]

BILLING CODE 6560-50-P