97-15570. National Emission Standards for Hazardous Air Pollutants From Secondary Lead Smelting  

  • [Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
    [Rules and Regulations]
    [Pages 32209-32223]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-15570]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 63
    
    [AD-FRL-5839-2]
    RIN 2060-AH07
    
    
    National Emission Standards for Hazardous Air Pollutants From 
    Secondary Lead Smelting
    
    AGENCY: Environmental Protection Agency (EPA).
    
    
    [[Page 32210]]
    
    
    ACTION: Direct final rule: Amendments to rule.
    
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    SUMMARY: This action amends the national emission standards for 
    hazardous air pollutants (NESHAP) for new and existing secondary lead 
    smelters. Changes to the NESHAP are being made to address comments 
    received in petitions to reconsider sent to the EPA following 
    promulgation of the final rule. These changes affect several aspects of 
    the final rule including applicability of the THC limit for collocated 
    blast and reverberatory furnaces, minimum baghouse standard operating 
    procedure (SOP) requirements, and bag leak detection system 
    specifications and requirements. Several minor changes are also being 
    made to clarify the intent of the rule. The EPA is making these 
    amendments as a direct final rule without prior proposal because the 
    Agency views this as a noncontroversial amendment and anticipates no 
    significant adverse comments.
        The EPA is also proposing these amendments in the Proposed Rules 
    Section of this Federal Register. If no significant adverse comments 
    are received in response to this direct final rule, no further action 
    is contemplated in relation to the proposal. If the EPA receives 
    significant adverse comments, the direct final rule will be withdrawn 
    and all public comments received will be addressed in a subsequent 
    final rule based on the proposed rule. The EPA will not institute a 
    second comment period on the proposal. Any parties interested in 
    commenting on the amendments should do so at this time.
    
    DATES: Effective Date. This action will be effective August 4, 1997 
    unless significant adverse comments on this action are received by July 
    14, 1997. If significant adverse comments are received, the EPA will 
    withdraw this Direct Final rule and will publish timely notice of the 
    withdrawal inthe Federal Register, and all public comments received 
    will be addressed in a subsequent final rule.
        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.
        Comments. Written comments should be submitted to: Docket A-92-43, 
    U.S. EPA, Air & Radiation Docket & Information Center, 401 M. Street, 
    S.W., Room 1500, Washington, D.C. 20460.
    
    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. Summary
    A. Summary of Promulgated Standards
    B. Summary of Changes Made Since Promulgation
    C. Summary of Environmental, Energy, Health, Cost, and Economic 
    Impacts
        III. Public Participation
        IV. Significant Public Comments and Responses
    A. Definition of Collocated Blast Furnace and Reverberatory Furnaces
    B. Test Methods for Determining Hood Face and Doorway Air Velocities
    C. Minimum Baghouse SOP Requirements
    D. Bag Leak Detection System Specifications and Requirements
        V. Administrative Requirements
    A. Docket
    B. Executive Order 12866
    C. Unfunded Mandates Act
    D. Paperwork Reduction Act
    E. Regulatory Flexibility Act
    F. 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 (i.e., minimum hood face velocities, and building enclosures) 
    were 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 Standard Operating 
    Procedures (SOP) manuals for fugitive dust control and baghouse 
    operation and maintenance. Minimum SOP requirements were specified in 
    the rule.
        Following publication of the final rule, the EPA received three 
    petitions for reconsideration pursuant to section 307(d)(7)(B) of the 
    act from secondary lead smelter owners and operators, and the 
    Association of Battery Recyclers, an industry trade association that 
    represents the majority of the secondary lead smelters in the United 
    States.
        The petitioners had subsantive objections to several technical 
    requirements in the final rule that were not included in the proposal. 
    The EPA has determined that several of the objections contained in the 
    petitions, though not dealing with critical parts of the rule, are 
    properly founded and that the rule should be revised. The EPA extended 
    the compliance and SOP submittal dates by six months, in order to allow 
    affected sources time to address the changes being made in this action. 
    The extension was published in the Federal Register on December 12, 
    1996 (60 FR 65334). The EPA is making further amendments in this 
    document.
    
    II. Summary
    
    A. Summary of Promulgated Standards
    
        The promulgated rule, as amended, 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.
    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, 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
    
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    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 blast furnaces and reverberatory 
    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. For the purpose of 
    this rule, a collocated blast furnace and reverberatory furnace is 
    defined as operation at the same site of a reverberatory furnace and a 
    blast furnace with the volumetric flow rate discharged from the 
    reverberatory furnaces being at least equal to that discharged from the 
    blast furnaces.
        The THC standard for a collocated blast furnace and reverberatory 
    furnace is based on commingling the high-volume, high-temperature 
    (approximately 1000  deg.C) reverberatory exhaust with the low-volume, 
    low-temperature (approximately 100  deg.C) blast furnace exhaust to 
    incinerate the organic HAP in the blast furnace exhaust. Organics are 
    further reduced in a typical collocated blast furnace and reverberatory 
    configuration since the reverberatory furnace processes the majority of 
    the broken battery materials while the blast furnace processes 
    reverberatory slag and only small amounts of broken batteries.
        Owners and operators of new blast furnaces not collocated with a 
    reverberatory furnace (as defined above) must comply with a THC limit 
    of 70 ppmv. Existing blast furnaces not collocated with a reverberatory 
    furnace 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 total 
    enclosure 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 be ventilated at such a rate as to maintain a lower than 
    ambient pressure within the building, ensuring that a in-draft will 
    exist at all doors and other openings.
        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 
    December 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). EPA Reference Method 9 is not required for determining 
    compliance with the emission limits for lead compounds. 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 for all 
    subject control devices to demonstrate compliance with the lead 
    compound emission standards. In addition, the rule requires annual 
    compliance testing for devices controlling process and process fugitive 
    emission sources. All owners and operators must also prepare SOP 
    manuals for the systematic inspection and maintenance of all baghouses, 
    and install and operate bag leak detection systems. Where required, a 
    single bagleak detector may be used to monitor a common stack serving 
    multiple baghouses. Each manual shall also include provisions for the 
    diagnosis of problems and a corrective action plan. 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. The THC emission limit 
    includes a carbon dioxide correction factor which accounts for dilution 
    (e.g., combining non-process streams, and tempering air). As such, the 
    THC monitor may be placed anywhere down stream of any organic HAP 
    control devices (e.g., after the baghouse). 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
    
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    recordkeeping and reporting requirements in the General Provisions to 
    part 63 (40 CFR part 60, 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 Changes Made Since Promulgation
    
        The EPA has made several changes to the promulgated rule based on 
    comments contained in the petitions for reconsideration. A summary of 
    the changes is presented below. Additional discussion of the changes 
    and the rationale for these changes is presented in section II-C of 
    this preamble.
    1. Definitions
        Several definitions were revised or added to resolve issues and 
    clarify the intent of the rule. The definition of a bag leak detection 
    system was revised to specifically not exclude devices that operate on 
    the principle of light transmittance. Bag leak detection systems still 
    must meet the specifications outlined in Sec. 63.548(e).
        A definition of collocated blast furnace and reverberatory furnace 
    was added. The new definition is based, in part, on the relative 
    exhaust rate for the blast furnace compared to the reverberatory 
    furnace. This definition was added in response to comments from two 
    smelters where the blast furnace exhaust was substantially higher than 
    the reverberatory furnace making commingling infeasible.
        The definitions of secondary lead smelter and smelting were revised 
    and a definition of lead alloy was added to clarify that solder 
    reclamation operations are not subject to the rule.
        The definitions of partial and total enclosure were revised to 
    clarify the intent of the rule. A definition of a high efficiency 
    particulate air (HEPA) filter was added for completeness.
    2. Standards for Process Fugitive Sources
        Section 63.544 was re-organized to clarify the intent of the rule 
    due to comments received. Specifically, the section was revised to make 
    it clear that a facility wishing to comply with the standard through 
    the use of a total enclosure may still use local hooding within the 
    total enclosure, and that a facility may choose to control some 
    fugitive emission sources with total enclosures and others through 
    enclosure hooding. These changes do not affect the requirements of the 
    rule.
        The minimum doorway air velocity requirement for total enclosures 
    has been deleted. As revised, owners and operators choosing to control 
    process fugitive emission sources through total enclosures are required 
    to ventilate the building at a rate that would ensure in-draft at all 
    doorways. This requirement would replace the requirement for 
    maintaining an in-draft velocity of 250 meters per minute at all 
    doorways.
    3. Test Methods and Schedule
        The test method for demonstrating compliance with the hood face 
    velocity has been revised to address comments received in the 
    petitions. The current procedure could be read to require facilities to 
    test the hood face velocity with all access doors in the open position. 
    One petitioner argued that this requirement would, in many instances, 
    result in artificial operating conditions that would make compliance 
    impossible for certain operators. The rule is being revised to clarify 
    that facilities may demonstrate compliance with the access doors 
    positioned consistent with normal operation.
        The test method for demonstrating compliance with the doorway air 
    velocity requirements has been revised to address comments received in 
    the petitions. As revised, owners and operators are given two options 
    for demonstrating that the enclosure is ventilated at a sufficient rate 
    to ensure in-draft at all openings. Under the first option, a vane 
    anemometer is placed in the center of each doorway to demonstrate that 
    air is being drawn into the building. Alternatively, an owner or 
    operator can elect to install a pressure gauge on the leeward wall of 
    the enclosure and demonstrate that the building is under a negative 
    pressure as compared to ambient pressure.
    4. Monitoring Requirements
        The minimum maintenance requirements specified in the rule have 
    been revised to address comments received in the petitions. The 
    frequency of several of the required inspections were lowered to reduce 
    the burden placed on operators. In addition, the requirements were 
    revised to allow for alternative means of inspection where appropriate 
    (e.g., fan vibration analysis in lieu of visual inspection for wear).
        The specifications and requirements for bag leak detection systems 
    have been revised. The minimum detection capability of the bag leak 
    system was increased to 10 milligram per actual cubic meter from 1 
    milligram per actual cubic meter.
        The requirement that a facility perform a compliance test in order 
    to adjust the settings on the bag leak detection system has been 
    dropped. Facilities will be allowed to adjust the bag leak detector as 
    provided in written EPA guidance or manufacturers written guidance in 
    the event EPA guidance is not available. In addition, annual compliance 
    tests have been instated.
        The bag leak detection requirement for positive pressure baghouses 
    has been changed. Positive pressure baghouses equipped with stacks now 
    must meet the same bag leak detection system requirements as negative 
    pressure baghouses. None of the affected secondary lead smelters 
    currently operate any positive pressure baghouses without stacks, nor 
    are any expected to install such systems. Therefore positive pressure 
    baghouses without stacks are not addressed in the rule.
        Facilities that have equipped their baghouses with HEPA filters as 
    a secondary filter to control emissions escaping the baghouse primary 
    filter are exempted from the bag leak detection requirements. However, 
    the facility must monitor the pressure drop across the HEPA filter, and 
    if the pressure drop falls outside of the limit(s) specified by the 
    filter manufacturer, the owner must take appropriate corrective 
    measures. Baghouses that are used to control emissions from total 
    enclosures used to comply with the fugitive dust standards 
    (Sec. 63.545) are also exempted from the bag leak detection 
    requirements.
    5. Notification Requirements
        The submittal date for the fugitive dust control SOP and the SOP 
    for baghouses has been extended by 30 days from June 23, 1997, to July 
    23, 1997. This extension is being made to allow owners and operators 
    adequate time to incorporate the changes being made in this revision 
    into their SOP manuals.
    
    C. Summary of Environmental, Energy, Health, Cost, and Economic Impacts
    
        The final standards, as amended, will reduce total nationwide 
    emissions of both metal HAP's and organic HAP's from secondary lead 
    smelters by 1,230 megagrams per year (Mg/yr) (1,356 tons/yr). These 
    reductions include 53 Mg/yr (58 tons/yr) of metal HAP's and 1,176 Mg/yr 
    (1,296 tons/yr) of organic HAP's. The organic HAP emission reduction 
    estimate has been reduced since promulgation by 54 Mg/yr (60 tons/yr). 
    This change is due to two facilities no longer meeting the definition 
    of a facility with a collocated blast furnace and reverberatory 
    furnace. The amendments made in today's action do
    
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    not significantly change the cost and economic impacts of the final 
    rule.
    
    III. Public Participation
    
        Following promulgation, the EPA received three petitions for 
    reconsideration from representatives of secondary lead smelters (Docket 
    ID Nos. IV-D-48, IV-D-49, and IV-D-50). The EPA met with the 
    petitioners to discuss the comments contained in the petitions. 
    Following the meeting, the petitioners provided the EPA with additional 
    information to support the comments made in the petitions (Docket ID 
    Nos. IV-D-51, and IV-D-52).
    
    IV. Significant Public Comments and Responses
    
        The EPA received three petitions to reconsider from owners and 
    operators of secondary lead smelters and industry trade associations. 
    Two of the three petitions contained multiple comments. A document that 
    summarizes the comments and arguments advanced in the petitions, and 
    the EPA responses, was prepared. The document, entitled ``Summary of 
    Petition Comments on Promulgated Rule and EPA Responses, Secondary Lead 
    Smelting NESHAP'', may be found in the docket (Docket ID No. V-B-2). It 
    serves as the basis for the revisions that have been made to the 
    standard since promulgation. This section contains a detailed 
    discussion of the significant comments contained in the petitions and 
    the EPA's responses. Significant comments and new information were 
    received on four topics: the definition of collocated blast and 
    reverberatory furnaces, test methods for determining hood face and 
    doorway air velocities, minimum baghouse SOP requirements, and bag leak 
    detection system specifications and requirements.
    
    A. Definition of Collocated Blast Furnace and Reverberatory Furnaces
    
        Comment: Two petitioners (Docket ID Nos. IV-D-49, and IV-D-50) 
    requested reconsideration of the THC limit for collocated blast 
    furnaces and reverberatory furnaces. One petitioner (Docket ID No. IV-
    D-49) indicated that their blast furnace was originally designed as a 
    primary lead blast furnace, and as such, had an exhaust rate 10 times 
    higher than typical secondary lead blast furnaces. The high blast 
    furnace exhaust rate compared to their low reverberatory exhaust rate 
    made commingling technically and economically infeasible. The petition 
    supplied information to support the claim.
        The second petitioner (Docket ID No. IV-D-50) pointed out that the 
    term ``collocated'' was not defined, and argued that smelter 
    configurations very dramatically. They identified one facility that 
    would have difficulty meeting the requirements since they had two blast 
    furnaces and only one reverberatory furnace. Upon request, the 
    petitioner supplied the exhaust flowrates for the two blast furnaces 
    (25,300 scfm, total) and the reverberatory furnace (8,800 scfm) (Docket 
    ID No. IV-D-52).
        Response: The EPA reviewed the requests and the additional 
    information provided by the petitioners. The EPA evaluated the 
    differences in furnace exhaust rates for facilities with blast and 
    reverberatory furnaces (Docket ID No. II-B-36). Information on the 
    exhaust rates was obtained for all eight of the existing facilities 
    with both blast and reverberatory furnaces. On reviewing the 
    information, two groupings of facilities were evident. Six of the 
    facilities had blast furnace exhaust rates which were less than roughly 
    half that of the reverberatory exhaust rate. In contrast, two 
    facilities had blast furnace exhaust rates which are more than 150 
    percent of the reverberatory exhaust rate. These two facilities, Doe 
    Run, Missouri; and Schuylkill, Louisiana, are the facilities 
    represented in the petitions.
        Commingling of the exhaust gases is the basis for the collocated 
    blast furnace and reverberatory furnace THC emission limit. The 
    principle of commingling the exhaust gases is based on a large hot 
    (2000+ degree Fahrenheit) reverberatory furnace exhaust acting as the 
    principle heat source to incinerate any organics in the smaller cooler 
    (roughly 200  deg.F) blast furnace exhaust. Clearly this condition is 
    not met at the two facilities represented in the petitions. As such, it 
    is unlikely that these two facilities would be able to achieve the THC 
    standard for collocated blast furnaces and reverberatory furnaces by 
    commingling, nor is it likely that they could achieve the standard 
    through the use of afterburners.
        To correct this situation, the EPA is adding the following 
    definition of collocated blast furnace and reverberatory furnace to the 
    final rule:
    
        ``Collocated blast furnace and reverberatory furnace means 
    operation at the same location of a blast furnace and a 
    reverberatory furnace with the volumetric flow rate discharged from 
    the blast furnace equal to or less than that discharged from the 
    reverberatory furnace.''
    
        Under this definition, the two facilities represented in the 
    petition would not be classified as having a collocated blast furnace 
    and reverberatory furnace. As such, their blast furnaces would be 
    subject to the blast furnace THC limit of 360 ppmv as propane rather 
    than the 20 ppmv limit for collocated furnaces.
    
    B. Test Methods for Determining Hood Face and Doorway Air Velocities
    
        Comment: One petitioner (Docket ID No. IV-D-50) objected to the 
    requirements in the rule for demonstrating compliance with the hood 
    face air velocity standard. Specifically, the petitioner objected to 
    the requirement that all access doors to a hood be open when measuring 
    hood face velocity. The petitioner noted that at least one smelter has 
    a charging hood with two doors to allow charging from either direction, 
    but only one is open at any one time. In addition, the petitioner 
    pointed out that some of the doors are used solely for the purpose of 
    allowing periodic access for maintenance and other necessary 
    activities. The petitioner argues that the requirement may render 
    compliance with the face velocity standard impossible for certain 
    operators, and does so unnecessarily because it does not reflect normal 
    operations.
        Response: The intent of the requirements is to ensure that adequate 
    capture velocities are maintained during normal operating conditions. 
    The EPA did not intend to require compliance demonstrations during 
    artificial ``worst case'' operating conditions. As such, the EPA is 
    revising Sec. 63.547(d) to clarify the rule's intent.
        Each access door and opening open during normal operation shall be 
    tested. When a given access door is being tested, all other access 
    doors shall be in the position they would be in during normal 
    operation.
        Comment: Two petitioners commented on the requirements for 
    demonstrating compliance with the doorway air velocity standard for 
    total enclosures. One petitioner (Docket ID No. IV-D-50) noted that the 
    requirement could be read to mean that all doors that might be open 
    during normal operation be open simultaneously during testing, 
    regardless of whether such conditions occur during normal operations. A 
    second petitioner (Docket ID No. IV-D-48) also commented that the rule 
    was ambiguous on where and how the compliance with the air velocity 
    requirement is to be measured. The petitioner also noted concern about 
    the acheivability of the 250 feet per minute air velocity requirement. 
    Both petitioners noted that requirements on doorway air velocities were 
    not contained in the proposed rule, and that the industry did not have 
    an
    
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    opportunity to comment on the requirements.
        Response: The EPA's intent was to require adequate ventilation to 
    ensure air flow into the building at all doorways during normal 
    operation conditions. Upon further consideration, the EPA believes that 
    the 250 foot per minute doorway velocity requirement is excessive for 
    this purpose, and would result in undue burden to the industry. As 
    such, the EPA is revising the requirement. As revised, a facility must 
    ventilate the building to a rate that ensures air flow is into the 
    building at all doorways that would be open during normal operation. 
    Two alternative methods are provided for demonstrating compliance. 
    Owners and operators can choose to demonstrate in-draft at each door 
    using a vane anemometer, or may install a pressure gauge on the leeward 
    wall to demonstrate that the building is maintained at a lower than 
    ambient pressure.
    
    C. Minimum Baghouse SOP Requirements
    
        Comment: One petitioner (Docket ID No. IV-D-50) commented on the 
    minimum requirements for the baghouse inspection and maintenance SOP. 
    While agreeing that an appropriate inspection and maintenance program 
    is critical to monitoring performance, they argued that the minimum 
    requirements set forth by the rule were unrealistic and unnecessary in 
    some cases. The petitioner indicated that the EPA underestimated the 
    labor required to satisfy the minimum requirements. The petitioner also 
    argued that frequent baghouse inspections would result in increased 
    fugitive emissions (due to wear on door seals) and worker exposure.
        Response: The EPA has reviewed the minimum requirements for the 
    baghouse inspection and maintenance SOP, and the labor estimates 
    provided by the petitioners. The labor estimates to complete the 
    minimum inspection requirements are significantly higher than 
    previously estimated. The EPA has revised Sec. 63.548(c) to reflect a 
    more realistic schedule. In addition, several of the requirements have 
    been reworded to allow for alternatives to visual inspections where 
    appropriate. The revised requirements, which still include continuous 
    bag leak detection, will reduce the labor burden associated with 
    baghouse inspections while still providing adequate protection of the 
    environment.
    
    D. Bag Leak Detection System Specifications and Requirements
    
        Comment: Two petitioners (Docket ID No. IV-D-48, and IV-D-50) 
    commented on the rules requirement that a compliance test be performed 
    after any adjustments to the required bag leak detectors are made. One 
    petitioner (Docket ID No. IV-D-48) stated that this requirement does 
    not reflect the realities of normal operations and, as such, may cause 
    unacceptable difficulties in practice. They further stated that all 
    measurement instruments require calibration on a routine basis, with 
    the calibration interval dependent upon the instrument's sensitivity 
    and detection requirements. Without such sensitivity adjustments, the 
    presence of drift may cause the system to operate improperly. The 
    second petitioner (Docket ID No. IV-D-50) echoed the need for periodic 
    adjustments to account for drift. They also commented that the 
    requirement tying the adjustment to compliance testing ignores the 
    actual operation of bag leak detectors. Because there is no set 
    relationship between the particulate emissions, as measured by the 
    unit, and lead emission levels, the bag leak detector is not a monitor 
    of lead emissions. Rather, its purpose is to reveal bag leaks.
        Response: Upon further consideration, the EPA agrees that periodic 
    adjustment of the bag leak detector system may be necessary, and that 
    adjustment of the bag leak detector should not be tied to compliance 
    demonstrations. The intended use of the bag leak detector was as a 
    process monitor, able to identify upset conditions in the baghouse 
    operation. The EPA is concerned however, that unrestricted adjustment 
    of the bag leak detector could result in improper use, possibly 
    resulting in the alarm and sensitivity settings being set such that 
    leaks or malfunctions could occur undetected. As such, the EPA has 
    revised the bag leak system adjustment requirements to: (1) delink bag 
    leak detector adjustment and compliance testing, (2) allow for routine 
    minor adjustments to the detector system, (3) require owners and 
    operators to identify in their baghouse SOP all routine adjustments 
    expected, and (4) require that owners and operators perform a complete 
    baghouse inspection to ensure proper operation of the baghouse prior to 
    any significant adjustments to the sensitivity or range.
        In addition, a requirement for annual compliance testing has been 
    instated. Instating annual compliance testing should not result in a 
    significant increase in compliance testing costs over those imposed in 
    the promulgated rule. The EPA assumed that facilities would wish to 
    adjust bag leak detection settings at least once a year, which as 
    written, would have triggered compliance testing.
        Comment: One petitioner (Docket ID No. IV-D-48) argued that the bag 
    leak detection system detection capability requirement is too 
    restrictive. Section 63.548(e)(1) requires that the bag detection 
    system be able to detect emissions of particulate matter at 1.0 
    milligram per actual cubic meter or less. The petitioner argues that, 
    since the bag leak detector system monitors PM rather than lead, the 
    specification does not correlate to the emission limit in the rule. 
    They also argue that the specification is unnecessary to ensure that a 
    bag leak detection system is capable of detecting tears and/or leaks in 
    baghouse bags. Furthermore, the petitioner noted concern that the 
    specification is based on information provided by only one manufacturer 
    of one type of bag leak detector.
        Response: The EPA did not intend to tie the bag leak detector 
    detection capability to the lead limit. The intent of the requirement 
    was to set a minimum detection capability to ensure a minimum quality 
    and capability of the detection systems to be used. Bag leak detection 
    systems were being used at several secondary lead smelters. The 
    detection capability was set based on what was believed to be the 
    detection capability of the systems already being used at these 
    smelters. Upon further review it was determined that the 1.0 milligram 
    per actual cubic meter detection capability was actually the capability 
    of the most sensitive bag leak detectors available, and was not 
    representative of the bag leak detectors already in use at secondary 
    lead smelters. The EPA is increasing the detection capability to 10 
    milligram per actual cubic meter which is more representative of the 
    existing bag leak detectors, and still meets the EPA's purpose of 
    ensuring systems capable of detecting baghouse upset conditions.
        Comment: One petitioner (Docket ID No. IV-D-48) commented that some 
    baghouses are equipped with HEPA filters. The petitioner believes that 
    it is unnecessary and impractical to require bag leak detection systems 
    for these units, and that requiring visual inspections of the HEPA 
    units and review of operating readouts in accordance with an approved 
    SOP is fully protective of human health and the environment.
        Response: The EPA acknowledges that some baghouses are equipped 
    with HEPA filters which act as a secondary
    
    [[Page 32215]]
    
    filter, and that these secondary filters may provide improved 
    protection from bag leaks. The EPA also agrees that the use of a bag 
    leak detector on such a system would likely provide little if any 
    additional protection over proper inspection and monitoring of 
    operating parameters (such as pressure drop). As such, the EPA is 
    adding Sec. 63.548(g) to exempt baghouses equipped with secondary HEPA 
    filters from the bag leak detection requirement and add alternative 
    monitoring requirements for these systems.
        Comment: One commenter (Docket ID No. IV-D-50) argued that the 
    requirement for bag leak detectors on all baghouses for process, 
    process fugitive, and fugitive emissions is excessive. They contend 
    that there are applications, particularly baghouses used to control 
    particulate from building ventilation, in which units will not function 
    due to the nature of the particulate.
        Response: Upon further review, the EPA agrees that bag leak 
    detectors will provide little to no useful information on baghouses 
    used to control fugitive dust emissions from building ventilation. This 
    is due to the low inlet loadings associated with these systems. As 
    such, the EPA is adding Sec. 63.548(h) to exempt baghouses used to 
    control fugitive dust emissions from the bag leak detection 
    requirement. Owners and operators are still required to develop and 
    adhere to a SOP for the operation and maintenance of these baghouses 
    that meets the minimum requirements specified in Sec. 63.548(c).
    
    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.
        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.
    
    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.
        This amendment reduces the costs of complying with the final rule, 
    it will not increase expenditures by State, local, and tribal 
    governments or the private sector. Therefore, 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.
    
    D. Paperwork Reduction Act
    
        Under the Paperwork Reduction Act, 44 U.S.C 3501 et seq., the 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.
    
    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. EPA has 
    determined that it is not necessary to prepare a regulatory flexibility 
    analysis in connection with this final rule. EPA has also determined 
    that this rule will not have a significant economic impact on a 
    substantial number of small entities. This amendment will not result in 
    increased economic impacts to small entities, and will result in 
    reduced impacts in all cases.
    
    F. 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, the 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. This amendment is not a ``major rule'' as defined by 
    5 U.S.C. 804(2).
    
    List of Subjects in 40 CFR Part 63
    
        Environmental protection, Air pollution control, Hazardous 
    substances, Reporting and recordkeeping requirements, Secondary lead 
    smelters.
    
        Dated: June 4, 1997.
    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:
    
    [[Page 32216]]
    
    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 subpart X is revised to read as follows:
    
    Subpart X--National Emission Standards for Hazardous Air Pollutants 
    from Secondary Lead Smelting
    
    Secs.
    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.
    
    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 an instrument that is capable of 
    monitoring particulate matter (dust) loadings in the exhaust of a 
    baghouse in order to detect bag failures. A bag leak detection system 
    includes, but is not limited to, an instrument that operates on 
    triboelectric, light scattering, transmittance or other effect to 
    monitor relative particulate matter loadings.
        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.
        Collocated blast furnace and reverberatory furnace means operation 
    at the same location of a blast furnace and a reverberatory furnace 
    with the volumetric flow rate discharged from the blast furnace being 
    at equal to or less than that discharged from the reverberatory 
    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.
        High efficiency particulate air (HEPA) filter means a filter that 
    has been certified by the manufacturer to remove 99.97 percent of all 
    particles 0.3 micrometers and larger.
        Lead alloy means an alloy in which the predominant component is 
    lead.
        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, reverberatory furnace slag, flue 
    dust, and dross) are stored or handled between process steps including, 
    but not limited to, areas in
    
    [[Page 32217]]
    
    which materials are stored in piles, bins, or tubs, and areas in which 
    material is prepared for charging to a smelting furnace. Materials 
    storage and handling area does not include areas used exclusively for 
    storage of blast furnace slag.
        Partial enclosure means a structure comprised of walls or 
    partitions on at least three sides or three-quarters of the perimeter 
    surrounding stored materials or process equipment 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  deg.C) 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  deg.C) 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 or lead alloys by smelting.
        Smelting means the chemical reduction of lead compounds to 
    elemental lead or lead alloys through processing in high-temperature 
    (greater than 980  deg.C) furnaces including, but not limited to, blast 
    furnaces, reverberatory furnaces, rotary furnaces, and electric 
    furnaces.
        Total enclosure means a roofed and walled structure with limited 
    openings to allow access and egress for people and vehicles that meets 
    the requirements of 40 CFR 265.1101(a)(1), (a)(2)(i), and (c)(1)(i).
        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 
    furnace 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 furnace 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) Except as provided in paragraph (i) of this section, following 
    the initial test to demonstrate compliance with paragraph (a) of this 
    section, the owner or operator of a secondary lead smelter shall 
    conduct a compliance test for lead compounds on an annual basis (no 
    later than 12 calendar months following the previous compliance test).
    
    [[Page 32218]]
    
        (i) If a compliance test demonstrates a source emitted lead 
    compounds at 1.0 milligram of lead per dry standard cubic meter 
    (0.00044 grains of lead per dry standard cubic foot) or less during the 
    time of the compliance test, the owner or operator of a secondary lead 
    smelter shall be allowed up to 24 calendar months from the previous 
    compliance test to conduct the next annual compliance test for lead 
    compounds.
        (j) The standards for process sources are summarized in table 2.
    
                                   Table 2.--Summary of Standards for Process Sources                               
    ----------------------------------------------------------------------------------------------------------------
                                         Lead compounds                                                             
                                           (milligrams                                                              
           Furnace configuration             per dry       Total hydrocarbons                 Citation              
                                         standard cubic                                                             
                                             meter)                                                                 
    ----------------------------------------------------------------------------------------------------------------
    Collocated blast furnace and                                                                                    
     reverberatory furnace:                                                                                         
        When both furnaces operating...             2.0  20 parts per million   Sec.  63.543(a),(c).                
                                                          by volume\1\.                                             
        When reverberatory furnace not              2.0  360 parts per million  Sec.  63.543(a),(c)(1).             
         operating.                                       by volume\1\                                              
                                                          (existing).                                               
                                         ..............  70 parts per million   Sec.  63.543(a),(c)(2).             
                                                          by volume\1\                                              
                                                          (new)\2\.                                                 
    Blast..............................             2.0  360 parts per million  Sec.  63.543(a),(d).                
                                                          by volume\1\                                              
                                                          (existing).                                               
                                         ..............  70 parts per million   Sec.  63.543(e).                    
                                                          by volume\1\                                              
                                                          (new)\2\.                                                 
                                         ..............  0.20 kilograms per     Sec.  63.543(g).                    
                                                          hour\3\.                                                  
    Reverberatory, rotary, and electric             2.0  Not applicable.......  Sec.  63.543(a).                    
    ----------------------------------------------------------------------------------------------------------------
    \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 in accordance with the equipment 
    and operational standards presented in paragraphs (b) and (c) of this 
    section.
        (1) Smelting furnace and dryer charging hoppers, chutes, and skip 
    hoists;
        (2) Smelting furnace lead taps, and molds during tapping;
        (3) Smelting furnace slag taps, and molds during tapping;
        (4) Refining kettles;
        (5) Dryer transition pieces; and
        (6) Agglomerating furnace product taps.
        (b) Process fugitive emission sources shall be equipped with an 
    enclosure hood meeting the requirements of paragraphs (b)(1), (b)(2), 
    or (b)(3) of this section, or be located in a total enclosure subject 
    to general ventilation that maintains the building at a lower than 
    ambient pressure to ensure in-draft through any doorway opening.
        (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) Ventilation air from all enclosures hoods and total enclosures 
    shall be conveyed to a control device. Gases discharged to the 
    atmosphere from these control devices shall not 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) Except as provided in paragraph (f) of this section, following 
    the date of the initial test to demonstrate compliance with paragraphs 
    (c) and (d) of this section, the owner or operator of a secondary lead 
    smelter shall conduct a compliance test for lead compounds on an annual 
    basis (no later than 12 calendar months following the previous 
    compliance test).
        (f) If a compliance test demonstrates a source emitted lead 
    compounds at 1.0 milligram of lead per dry standard cubic meter 
    (0.00044 grains of lead per dry standard cubic foot) or less during the 
    time of the compliance test, the owner or operator of a secondary lead 
    smelter shall be allowed up to 24 calendar months from the previous 
    compliance test to conduct the next annual compliance test for lead 
    compounds.
        (g) 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 hood or                                       
                                           emission limit      doorway face                                         
          Fugitive emission source        (milligrams per   velocity (meters/                 Citation              
                                            dry standard         minute)                                            
                                            cubic meter)                                                            
    ----------------------------------------------------------------------------------------------------------------
              Control Option I                                                                                      
                                                                                                                    
    Smelting furnace and dryer charging                2.0             \1\ 90  Sec.  63.544 (b), (c).               
     hoppers, chutes, and skip hoists.                                                                              
    Smelting furnace lead taps and                     2.0             \1\ 90  Sec.  63.544 (b), (c).               
     molds during tapping.                                                                                          
    
    [[Page 32219]]
    
                                                                                                                    
    Smelting furnace slag taps and                     2.0             \1\ 90  Sec.  63.544 (b), (c).               
     molds during tapping.                                                                                          
    Refining kettles...................                2.0             \1\ 75  Sec.  63.544 (b), (c).               
    Dryer transition pieces............                2.0            \1\ 110  Sec.  63.544 (b), (c).               
    Agglomerating furnace process vents                2.0             \1\ 90  Sec.  63.544 (b), (c).               
     and product taps.                                                                                              
                                                                                                                    
             Control Option II                                                                                      
                                                                                                                    
    Enclosed building ventilated to a                  2.0  .................  Sec.  63.544 (b), (c).               
     control device.                                                                                                
                                                                                                                    
     Applicable to Both Control Options                                                                             
                                                                                                                    
    Dryer and agglomerating furnace                    2.0  .................  Sec.  63.544(d).                     
     emission vents.                                                                                                
    ----------------------------------------------------------------------------------------------------------------
    \1\ Enclosure hood face velocity applicable to those process fugitive sources not located in an enclosed        
      building ventilated to a control device.                                                                      
    
    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.
        (3) Furnace area--partial enclosure and pavement cleaning twice per 
    day; or total enclosure 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 and ventilation of the 
    enclosure to a control device.
        (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 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 December 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 13, 
    1997 or upon startup of operations, whichever is later.
    
    
    Sec. 63.547  Test methods.
    
        (a) The following test methods in appendix A of part 60 listed 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 (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).
    
    [[Page 32220]]
    
        (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 equation (1).
    [GRAPHIC] [TIFF OMITTED] TR13JN97.000
    
    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) for process fugitive enclosure hoods shall be determined 
    by the following test methods in paragraphs (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 position they are in 
    during normal operating conditions.
        (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)(v) 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) The measurement range of the anemometer shall extend to at 
    least 300 meters per minute (1,000 feet per minute).
        (iv) A known relationship shall exist between the anemometer signal 
    output and air velocity, and the anemometer must be equipped with a 
    suitable readout system.
        (v) Hood face velocity shall be determined for each hood open 
    during normal operation by placing the anemometer in the plane of the 
    hood opening. Access doors shall be positioned consistent with normal 
    operation.
        (e) Owners and operators shall determine compliance with the 
    doorway in-draft requirement for enclosed buildings in Sec. 63.544(b) 
    using the procedures in paragraphs (e)(1) or (e)(2) of this section.
        (1)(i) Owners and operators shall use a propeller anemometer or 
    equivalent device meeting the requirements of paragraphs (d)(2)(ii) 
    through (d)(2)(iv) of this section.
        (ii) Doorway in-draft shall be determined by placing the anemometer 
    in the plane of the doorway opening near its center.
        (iii) Doorway in-draft shall be demonstrated for each doorway that 
    is open during normal operation with all remaining doorways in the 
    position they are in during normal operation.
        (2)(i) Owners and operators shall install a differential pressure 
    gage on the leeward wall of the building to measure the pressure 
    difference between the inside and outside of the building.
        (ii) The pressure gage shall be certified by the manufacturer to be 
    capable of measuring pressure differential in the range of 0.02 to 0.2 
    mm Hg.
        (iii) Both the inside and outside taps shall be shielded to reduce 
    the effects of wind.
        (iv) Owners and operators shall demonstrate the inside of the 
    building is maintained at a negative pressure as compared to the 
    outside of the building of no less than 0.02 mm Hg when all doors are 
    in the position they are in during normal operation.
    
    
    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)(9) of this 
    section.
        (1) Daily monitoring of pressure drop across each baghouse cell.
        (2) Weekly confirmation that dust is being removed from hoppers 
    through visual inspection, or equivalent means of ensuring the proper 
    functioning of removal mechanisms.
        (3) Daily check of compressed air supply for pulse-jet baghouses.
        (4) An appropriate methodology for monitoring cleaning cycles to 
    ensure proper operation.
        (5) Monthly check of bag cleaning mechanisms for proper functioning 
    through visual inspection or equivalent means.
        (6) Monthly check of bag tension on reverse air and shaker-type 
    baghouses. Such checks are not required for shaker-type baghouses using 
    self-tensioning (spring loaded) devices.
        (7) Quarterly confirmation of the physical integrity of the 
    baghouse through visual inspection of the baghouse interior for air 
    leaks.
        (8) Quarterly inspection of fans for wear, material buildup, and 
    corrosion
    
    [[Page 32221]]
    
    through visual inspection, vibration detectors, or equivalent means.
        (9) Except as provided in paragraphs (g) and (h) of this section, 
    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 (a)(9) of 
    this section, shall meet the specifications and requirements of 
    paragraphs (e)(1) through (e)(8) of this section.
        (1) The bag leak detection system must be certified by the 
    manufacturer to be capable of detecting particulate matter emissions at 
    concentrations of 10 milligram per actual cubic meter (0.0044 grains 
    per actual cubic foot) or less.
        (2) The bag leak detection system sensor must provide output of 
    relative particulate matter loadings.
        (3) The bag leak detection system must be equipped with an alarm 
    system that will alarm when an increase in relative particulate 
    loadings is detected over a preset level.
        (4) The bag leak detection system shall be installed and operated 
    in a manner consistent with available written guidance from the U.S. 
    Environmental Protection Agency or, in the absence of such written 
    guidance, the manufacturer's written specifications and recommendations 
    for installation, operation, and adjustment of the system.
        (5) The initial adjustment of the system shall, at a minimum, 
    consist of establishing the baseline output by adjusting the 
    sensitivity (range) and the averaging period of the device, and 
    establishing the alarm set points and the alarm delay time.
        (6) Following initial adjustment, the owner or operator shall not 
    adjust the sensitivity or range, averaging period, alarm set points, or 
    alarm delay time, except as detailed in the approved SOP required under 
    paragraph (a) of this section. In no event shall the sensitivity be 
    increased by more than 100 percent or decreased more than 50 percent 
    over a 365 day period unless such adjustment follows a complete 
    baghouse inspection which demonstrates the baghouse is in good 
    operating condition.
        (7) For negative pressure, induced air baghouses, and positive 
    pressure baghouses that are discharged to the atmosphere through a 
    stack, the bag leak detector must be installed downstream of the 
    baghouse and upstream of any wet acid gas scrubber.
        (8) Where multiple detectors are required, the system's 
    instrumentation and alarm may be shared among detectors.
        (f) The standard operating procedures manual required by paragraph 
    (a) of this section 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)(2)(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) Baghouses equipped with HEPA filters as a secondary filter used 
    to control process, process fugitive, or fugitive dust emissions from 
    any source subject to the lead emission standards in Sec. 63.543, 
    63.544, or 63.545 are exempt from the requirement in Sec. 63.548(c)(9) 
    of this section to be equipped with a bag leak detector. The owner or 
    operator of an affected source that uses a HEPA filter shall monitor 
    and record the pressure drop across the HEPA filter system daily. If 
    the pressure drop is outside the limit(s) specified by the filter 
    manufacturer, the owner or operator must take appropriate corrective 
    measures, which may include but not be limited to those given in 
    paragraphs (g)(1) through (g)(4) of this section.
        (1) Inspecting the filter and filter housing for air leaks and torn 
    or broken filters.
        (2) Replacing defective filter media, or otherwise repairing the 
    control device.
        (3) Sealing off a defective control device by routing air to other 
    control devices.
        (4) Shutting down the process producing the particulate emissions.
        (h) Baghouses that are used exclusively for the control of fugitive 
    dust emissions from any source subject to the lead emissions standard 
    in Sec. 63.545 are exempt from the requirement in Sec. 63.548(c)(9) of 
    this section to be equipped with a bag leak detector.
        (i) 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(c) and (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.
        (j) The owner or operator of a blast furnace or collocated blast 
    furnace and reverberatory furnace subject to the total hydrocarbon 
    standards in Sec. 63.543 (c), (d), or (e), must comply with the 
    requirements of either paragraph (j)(1) or (j)(2) of this section, to 
    demonstrate continuous compliance with the total hydrocarbon emission 
    standards.
        (1) Continuous Temperature Monitoring. (i) The owner or operator of 
    a blast furnace or a collocated blast furnace and reverberatory 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) Prior to or in conjunction with the initial compliance test to 
    determine compliance with Sec. 63.543 (c), (d), or (e), the owner or 
    operator shall conduct a performance evaluation for the temperature 
    monitoring device according to Sec. 63.8(e) of the General Provisions. 
    The definitions, installation specifications, test procedures, and data 
    reduction procedures for determining calibration drift, relative 
    accuracy, and reporting described in Performance Specification 2, 40 
    CFR Part 60, Appendix B, Sections 2, 3, 5, 7, 8, 9, and
    
    [[Page 32222]]
    
    10 shall be used to conduct the evaluation. The temperature monitoring 
    device shall meet the following performance and equipment 
    specifications:
        (A) The recorder response range must include zero and 1.5 times the 
    average temperature identified in paragraph (j)(1)(iii) of this 
    section.
        (B) The monitoring system calibration drift shall not exceed 2 
    percent of 1.5 times the average temperature identified in paragraph 
    (j)(1)(iii) of this section.
        (C) The monitoring system relative accuracy shall not exceed 20 
    percent.
        (D) The reference method shall be an National Institute of 
    Standards and Technology calibrated reference thermocouple-
    potentiometer system or an alternate reference, subject to the approval 
    of the Administrator.
        (iii) The owner or operator of a blast furnace or a collocated 
    blast furnace and reverberatory 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.
        (iv) 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 (j)(1)(iii) 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 (j)(1)(iii) 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) Prior to or in conjunction with the initial compliance test to 
    determine compliance with Sec. 63.543 (c), (d), or (e), the owner or 
    operator shall conduct a performance evaluation for the total 
    hydrocarbon continuous monitoring system according to Sec. 63.8(e) of 
    the General Provisions. The monitor shall meet the performance 
    specifications of Performance Specification 8, 40 CFR Part 60, Appendix 
    B.
        (iii) 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 these plans and procedures. Owners or 
    operators of existing secondary lead smelters shall submit this 
    notification no later than July 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 13, 1997. An affected source that has 
    received a construction permit from the Administrator or delegated 
    authority on or before June 23, 1995, shall submit this notification no 
    later than July 23, 1997.
    
    
    Sec. 63.550  Recordkeeping and reporting requirements.
    
        (a) The owner or operator of a secondary lead smelter shall comply 
    with all of the recordkeeping requirements under Sec. 63.10 of the 
    General Provisions. In addition, 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)(6) of this section.
        (1) An identification of the date and time of all bag leak 
    detection system alarms, their cause, and an explanation of the 
    corrective actions taken.
        (2) 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(j)(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(j)(1), and an explanation of the corrective actions taken.
        (3) 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(j)(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.
        (4) 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.
        (5) Any recordkeeping required as part of the practices described 
    in the standard operating procedures manual for baghouses required 
    under Sec. 63.548(a).
        (6) 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) In addition to the information required under Sec. 63.10 of the 
    General Provisions, 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 reports shall include records of all alarms from the bag 
    leak detection system specified in Sec. 63.548(e).
        (2) The reports 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 reports 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(j)(1) fell below the level established in 
    Sec. 63.548(j)(1).
    
    [[Page 32223]]
    
        (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(j)(2) exceeds the 
    relevant limits established in Sec. 63.543 (c), (d), and (e).
        (4) The reports 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 procedures were not followed and 
    the corrective actions taken.
        (5) The reports 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(i), and an explanation of the corrective actions taken.
        (6) The reports 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. 97-15570 Filed 6-12-97; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
06/13/1997
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule: Amendments to rule.
Document Number:
97-15570
Dates:
Effective Date. This action will be effective August 4, 1997 unless significant adverse comments on this action are received by July 14, 1997. If significant adverse comments are received, the EPA will withdraw this Direct Final rule and will publish timely notice of the withdrawal inthe Federal Register, and all public comments received
Pages:
32209-32223 (15 pages)
Docket Numbers:
AD-FRL-5839-2
RINs:
2060-AH07: NESHAP: Secondary Lead Smelter Amendment
RIN Links:
https://www.federalregister.gov/regulations/2060-AH07/neshap-secondary-lead-smelter-amendment
PDF File:
97-15570.pdf
CFR: (18)
40 CFR 63.545(a)
40 CFR 63.544(b)
40 CFR 63.543(c)
40 CFR 63.10(e)(3)
40 CFR 63.548(f)
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