National Emission Standards for Hazardous Air Pollutants From Secondary Lead Smelting

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5664-6]

RIN 2060-AE04

National Emission Standards for Hazardous Air Pollutants From

Secondary Lead Smelting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; extension of compliance dates.

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SUMMARY: This action amends the national emission standards for

hazardous air pollutants (NESHAP) for secondary lead smelting by

extending by six months the compliance date of the rule and the dates

on which existing smelters must submit standard operating procedures

(SOP) manuals. This action also sets the deadline for requests for

extension of compliance at June 23, 1997. The current rule requires

existing smelters to submit SOP manuals for baghouses and fugitive dust

control by December 23, 1996, and to achieve compliance with the rule

by June 23, 1997. The EPA is currently planning to revise portions of

the final rule to address comments received in petitions for

reconsideration. These revisions, which are scheduled to be published

in February 1997, will materially effect the content of the SOP manuals

and the air pollution controls needed to comply with the rule. Today's

action is being taken to allow affected facilities adequate time to

incorporate the revised requirements into their SOP manuals and to have

sufficient time to comply with the emission standards in the rule. This

revised compliance date remains within the three year period for

compliance allowed by section 112 (i)(3)(A) of the Clean Air Act.

DATE(S): Effective date: This final action will be effective on

December 12, 1996 unless EPA receives adverse public comment on this

document by January 13, 1997. In the event that EPA receives adverse

public comment, the Agency will withdraw this rule and issue a proposal

to extend the effective date to comply with the rule and to submit SOP

manuals.

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.

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.

FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Metals Group,

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

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

541-2364.

SUPPLEMENTARY INFORMATION: The information presented in this preamble

is organized as follows:

I. Background

II. Need for this Action

III. Rationale for Direct Final Rule and Immediate Effective Date

IV. Administrative

A. Executive Order 12866

B. Unfunded Mandates Act

C. Paperwork Reduction Act

D. Regulatory Flexibility Act

E. Submission to Congress and the General Accounting Office

I. Background

The NESHAP for secondary lead smelting (40 CFR part 63, subpart X)

was proposed in the Federal Register on June 9, 1994 (59 FR 29750). The

EPA received 31 letters commenting on the proposed rule and proposed

area source listing. After considering fully the comments received, the

EPA promulgated this NESHAP in the Federal Register on June 23, 1995

(60 FR 32587).

The final rule establishes emission limits for lead, as a surrogate

for all metallic Hazardous Air Pollutants (HAP), from smelting

furnaces, refining kettles, agglomerating furnaces, dryers, and

fugitive dust sources at secondary lead smelters. The final rule also

establishes emission limits for Total Hydrocarbons (THC), as a

surrogate for HAP organics, from smelting furnaces. Work practice

standards (ie. minimum hood face velocities, and building enclosures)

are specified for the capture and control of process fugitive sources

including furnace charging equipment and tapping locations, refining

kettles, driers, and agglomerating furnace vents and taps. The final

rule also requires smelters to develop site specific SOP manuals for

fugitive dust control and baghouse operation and maintenance. Minimum

SOP requirements are specified in the rule.

The final rule requires existing facilities to submit SOP manuals

for baghouses and fugitive dust control within 18 months of publication

(that is, by December 23, 1996), and to achieve compliance with the

rule within 2 years of publication (namely, by June 23, 1997). The

June, 1997 ultimate compliance date is one year earlier than the

maximum amount of time--3 years--allowed for compliance with MACT

standards. See CAA section 112(i)(3)(A).

The EPA received three petitions for reconsideration pursuant to

section 307(d)(7)(B) of the Act from two secondary lead owners/

operators, and the Association of Battery Recyclers. The petitioners

objected to the introduction of bag leak detection (Sec. 63.548(e)) and

the minimum baghouse SOP requirements (Sec. 63.548(c)) stating they

were not logical extensions of the proposal. In addition, the

petitioners requested that EPA reconsider requirements in the final

rule dealing with the THC limit for collocated blast and reverberatory

furnaces (Sec. 64.543(c)).

The EPA has determined that several of the objections contained in

the petitions are properly founded and is considering amending the rule

accordingly, and is planning to publish amendments to the NESHAP in

February 1997.

II. Need for This Action

As stated above, the current rule requires existing owners and

operators of secondary lead smelters to submit the required SOP manuals

for baghouses and fugitive dust control by December 23, 1996, and to

achieve compliance with the rule no later than June 23, 1997. In

addition, 40 CFR 63.6(i) sets the deadline for requests for extension

of compliance to one year prior to the

[[Page 65335]]

compliance date, in this case June 23, 1996.

Section 112(i)(3)(A) of the Act instructs the EPA to ``provide for

compliance as expeditiously as practicable, but in no event later than

3 years after the effective date of such standard.'' At the time of

publication of the final rule, EPA believed that a 2 year period would

allow facilities adequate time to achieve compliance with the rule, and

that an 18 month period would be adequate to prepare and submit the

requisite SOP manuals.

As stated, the EPA is currently planning to revise portions of the

rule to address comments received in the petitions for reconsideration.

These revisions, which are scheduled to be published in February 1997,

will materially effect the content of the SOP manuals and the air

pollution controls needed to obtain compliance.

Currently, owners and operators will not be able to prepare their

SOPs on time, or will have to revise their SOPs once the amendments are

published. They will also have less than 4 months to purchase and

install control equipment necessary to comply with the final rule.

Also, with out this extension, the owners and operators will not have

an opportunity to prepare and submit a request for extension of

compliance if needed after the amendments are published. The EPA does

not believe that this situation is reasonable. Today's action extends

the compliance date to December 23, 1997--30 months after the original

effective date and so within the time period for compliance allowed by

section 112(i)(3)(A)--and extends the SOP submittal date to June 23,

1997, two years after the effective date and again within a permissible

compliance period under the Act. This action also sets the submittal

date for requests for extension of compliance at June 23, 1997 as

provided for under 40 CFR 63.6(i)(3)(B). The EPA believes that these

extended dates provide a reasonable amount of time to comply with the

rule and that these extended dates will not compromise the rule's

ultimate effectiveness, and indeed, will promote sound implementation

of the rule by allowing sufficient time for compliance.

III. Rationale for Direct Final Rule and Immediate Effective Date

The EPA is promulgating this extension of the rule's compliance

dates as a direct final rule (and therefore without prior notice and

opportunity for public comment) because EPA views this as a

noncontroversial action which appropriately corrects the rule's

compliance dates after EPA received information which will require some

changes to the rule and therefore will alter the provisions with which

secondary lead smelters must comply. In fact, most of the secondary

lead smelting industry has submitted comment to EPA on this issue

through the petition for reconsideration process. However, should EPA

receive any comment objecting to this notice, the Agency will withdraw

this action and issue a proposal to extend the compliance dates (should

EPA still consider that action to be appropriate). Objections may be

addressed to Mr. Kevin Cavender, Metals Group, Emission Standards

Division (MD-13), U.S. Environmental Protection Agency, Research

Triangle Park, North Carolina 27711.

In addition, pursuant to section 553(d) of the Administrative

Procedure Act (5 U.S.C. 553(d)), EPA is finding that this amendment

relieves a regulatory restriction and therefore can be made effective

less than 30 days from its publication date.

IV. Administrative

A. 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.

It has been determined that this amendment to the final rule is not

a ``significant regulatory action'' under the terms of the Executive

Order and is therefore not subject to OMB review.

B. 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 required to develop a

plan with regard to small governments.

C. Paperwork Reduction Act

Under the Paperwork Reduction Act, 44 U.S.C 3501 et seq., EPA must

consider the paperwork burden imposed by any information collection

request in a proposed or final rule. This amendment to the rule will

not impose any new information collection requirements.

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (or RFA, Pub. L. 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. This amendment will not

result in increased economic impacts to small entities.

[[Page 65336]]

E. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. Since this rule decreases regulatory impact, it is

not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

Environmental protection, Compliance dates, Reporting and

recordkeeping requirements, Secondary lead smelters.

Dated: December 9, 1996.

Carol M. Browner,

The Administrator.

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

the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

2. Section 63.546 is amended by revising paragraph (a) to read as

follows:

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 December 23, 1997. Existing sources wishing to apply for an

extension of compliance pursuant to Sec. 63.6(i) of this part must do

so no later than June 23, 1997.

* * * * *

3. Section 63.549 is amended by revising paragraph (b) to read as

follows:

Sec. 63.549 Notification requirements.

* * * * *

(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 these plans and procedures. Owners or

operators of existing secondary lead smelters shall submit this

notification no later than June 23, 1997. 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.

[FR Doc. 96-31704 Filed 12-11-96; 8:45 am]

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