Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32587

(e) This amendment (39–9284) becomes employment opportunity; Individuals § 102.117 [Amended] effective on July 28, 1995. Issued in Kansas with disabilities. 2. In § 102.117(f), (g), and (i) the City, Missouri, on June 13, 1995. Parts 100 and 102 of Title 29 CFR are address ‘‘1717 Pennsylvania Avenue Henry A. Armstrong, amended as follows: NW., Washington, DC 20570’’ is revised Acting Manager, Small Airplane Directorate, to read ‘‘1099 14th Street NW., Aircraft Certification Service. PART 100ÐADMINISTRATIVE Washington, DC 20570’’. [FR Doc. 95–14870 Filed 6–22–95; 8:45 am] REGULATIONS 3. In § 102.117, paragraph (c)(2)(iii)(a), BILLING CODE 4910±13±U (b), and (c) is renumbered as paragraph 1. The authority citation for part 100 (c)(2)(iii)(A), (B), and (C). is revised to read as follows: By direction of the Board. NATIONAL LABOR RELATIONS Authority: Sec. 6, National Labor Relations National Labor Relations Board, BOARD Act, as amended (29 U.S.C. 141, 146). Subpart A is also issued under 5 U.S.C. John J. Toner, 29 CFR Parts 100 and 102 7301; 5 U.S.C. app. (Ethics in Government Acting Executive Secretary. Act of 1978); E.O. 12674, 3 CFR 1989 Comp., [FR Doc. 95–15352 Filed 6–22–95; 8:45 am] Miscellaneous Amendments 215, as modified by E.O. 12731, 3 CFR 1990 BILLING CODE 7545±01±M Comp., p. 306; 5 CFR 2635.105, 2635.403, AGENCY: National Labor Relations Board 2635.802(a), 2635.803; 18 U.S.C. 201 et seq.; (NLRB). 18 U.S.C. 208; 57 FR 56433 (codified at 5 ACTION: Miscellaneous amendment rule. CFR 735). ENVIRONMENTAL PROTECTION Subpart B is also issued under the AGENCY SUMMARY: The National Labor Relations Inspector General Act of 1978, as amended Board is issuing a miscellaneous by the Inspector General Act Amendment of 40 CFR Parts 9 and 63 1988, 5 U.S.C. app. 3; 18 U.S.C. 201 et seq.; amendments rule to its administrative [AD±FRL±5217±2] regulations to update cross-references 5 CFR 735; 42 U.S.C. 2000e–16(a); 29 CFR and to change the NLRB’s headquarters 1613.2049a) and 29 CFR 1613.216. RIN 2060±AE04 address. Subpart D is also issued under 28 U.S.C. 2672; 28 CFR part 14. National Emission Standards for EFFECTIVE DATE: The miscellaneous Subpart E is also issued under 29 U.S.C. Hazardous Air From amendments are effective June 23, 1995. 794. Secondary FOR FURTHER INFORMATION CONTACT: § 100.502 [Amended] Gloria Joseph, Director of AGENCY: Environmental Protection Administration, National Labor 2. In § 100.502, reference Agency (EPA). Relations Board, Room 7108, 1099 14th ‘‘(§§ 100.601–100.670)’’ is revised to ACTION: Final rule. Street NW, Washington, DC 20570– read ‘‘(§§ 100.501–100.570)’’. SUMMARY: This action promulgates 0001. (202–273–3890). § 100.503 [Amended] SUPPLEMENTARY INFORMATION: On July national emission standards for 21, 1994, the National Labor Relations 3. In § 100.503, in the definition of hazardous air pollutants (NESHAP) for Board amended its administrative ‘‘qualified individual with handicaps’’, new and existing secondary lead regulations (59 FR 37157) governing the in paragraph (4), the reference smelters pursuant to section 112 of the standards of conduct and financial ‘‘§ 100.640’’ is revised to read Clean Air Act (the Act) as amended in disclosure requirements of its ‘‘§ 100.540’’. 1990. Secondary lead smelters have employees of the Agency. Most of those § 100.549 [Amended] been identified by the EPA as significant emitters of several chemicals identified regulations had been superseded by the 4. In § 100.549, reference ‘‘§ 100.150’’ in the Act as hazardous air pollutants Standards of Ethical Conduct for is revised to read ‘‘§ 100.550’’. Employees of the Executive Branch (HAP’s) including but not limited to issued by the Office of Government § 100.550 [Amended] lead compounds, compounds, (OGE). The NLRB published the rule to 5. In § 100.550(a)(3) and (b)(2), and 1,3-butadiene. Chronic exposure to repeal those portions of the provisions reference ‘‘§ 100.650(a)’’ is revised to arsenic and 1,3-butadiene is associated that were superseded by the executive read ‘‘§ 100.550(a)’’. with skin, bladder, liver and lung cancer branch-wide standards and to update and other developmental and cross-references in the current § 100.560 [Amended] reproductive effects. Exposure to lead regulations that continued to be 6. In § 100.560(d) reference compounds results in adverse effects on applicable. Again, on May 5, 1995, the ‘‘§ 100.160’’ is revised to read the blood, central nervous system and NLRB published a rule to correct ‘‘§ 100.560’’. kidneys. Children are particularly amendatory instructions 4, and 5, and sensitive and exposure to lead amendatory instruction 10. (59 FR PART 102ÐRULES AND compounds can also result in reduced 37158) of the July 21, 1994 amending REGULATIONS, SERIES 8 cognitive development and reduced rule (60 FR 22269). This miscellaneous growth. This rulemaking will affect 1. The authority citation for Part 102 secondary lead smelters that use blast, amendments rule is being published to continues to read as follows: update cross-references, and change the reverberatory, rotary, or electric NLRB’s headquarters address in some Authority: Sec. 6, National Labor Relations smelting to recover lead metal sections from its former address of 1717 Act, as amended (29 U.S.C. 151, 156). Section from lead, primarily from used Pennsylvania Avenue NW to its current 102.117 also issued under sec. 552(a)(4)(A) of lead-acid automotive-type batteries. The the Freedom of Information Act, as amended purpose of the final rule is to reduce address of 1099 14th Street NW. (5 U.S.C. 552(a)(4)(A)), and section 552a(j) and (k) of the Privacy Act (5 U.S.C. 552a(j) HAP emissions from secondary lead List of Subjects in 29 CFR Parts 100 and smelting. This rule is estimated to 102 and (k)). Sections 102.143 through 102.155 also issued under sec. 504(c)(1) of the Equal reduce emissions, including metal Administrative practice and Access to Justice Act as amended (5 U.S.C. HAP’s and organic HAP’s, by about procedure; Civil rights; Claims; Equal 504(c)(1)). 1,300 megagrams (1,400 tons) per year. 32588 Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations

The NESHAP provides protection to the requirements that are the subject of EPA received eight comment letters in public by requiring all secondary lead today’s notice may not be challenged response to the supplemental notice. smelters to meet emission standards later in civil or criminal proceedings II. Summary reflecting the application of the brought by the EPA to enforce these maximum achievable control requirements. A. Summary of Promulgated Standards technology (MACT). The NESHAP The information presented in this The promulgated rule establishes regulates emissions of lead compounds preamble is organized as follows: standards to limit HAP emissions from and total hydrocarbons (THC’s) as I. Background smelting furnaces, kettles, surrogates for metal HAP’s and organic II. Summary agglomerating furnaces, dryers, and HAP’s, respectively. The EPA is also A. Summary of Promulgated Standards fugitive dust sources at both major adding secondary lead smelters that are B. Summary of Major Changes Since source and area source secondary lead area sources to the list of source Proposal smelters. The promulgated rule does not categories that are subject to MACT C. Summary of Environmental, Energy, apply to primary lead smelters, lead standards. Cost, and Economic Impacts III. Public Participation refiners, or lead remelters. EFFECTIVE DATE: June 23, 1995. IV. Significant Public Comments and Emission standards promulgated ADDRESSES: Docket. Docket No. A–92– Responses under section 112 are to be technology- 43, containing information considered A. Adverse Health Effects Finding for Area based and are to reflect the maximum by the EPA in development of the Sources degree of reduction of HAP emissions promulgated standards, is available for B. Hydrogen Chloride/Chlorine Emission achievable taking into consideration the public inspection and copying between Standards cost of achieving the emission 8:00 a.m. and 5:30 p.m., Monday C. Metal Hazardous Air reduction, any nonair quality health and through Friday except for Federal Monitoring Requirements environmental impacts and energy holidays, at the following address: U.S. D. Exemption from Resource Conservation requirements. These standards are and Recovery Act Boiler and Industrial Environmental Protection Agency, Air Emission Standards termed MACT standards. Emission and Radiation Docket and Information V. Administrative Requirements reduction may be accomplished through Center (MC–6102), 401 M Street, SW, A. Docket application of a variety of measures, Washington, DC 20460; telephone (202) B. Executive Order 12866 methods, or techniques. Emission 260–7548. The docket is located at the C. Unfunded Mandates Act standards, however, can be no less above address in Room M–1500, D. Paperwork Reduction Act stringent than a minimum baseline or Waterside Mall (ground floor). A E. Regulatory Flexibility Act ‘‘floor’’ for standards set out in the reasonable fee may be charged for I. Background statute. copying. For new sources, the standards for a Background Information Document. A On July 16, 1992 (57 FR 31576), the source category or subcategory cannot background information document (BID) EPA published a list of major and area be less stringent than the emission for the promulgated standards may be sources for which NESHAP are to be control that is achieved in practice by obtained from the docket; the U.S. EPA promulgated. On December 3, 1993 (58 the best controlled similar source. The Library (MD–35), Research Triangle FR 63941), the EPA published a standards for existing sources can be Park, North Carolina 27711, telephone schedule for promulgation of those less stringent than standards for new (919) 541–2777; or from the National standards. The secondary lead smelting sources, but they cannot be less Technical Information Service, 5285 source category is included on the list stringent than the average emission Port Royal Road, Springfield, Virginia of major sources and the EPA is limitation achieved by the best- 22161, telephone (703) 487–4650. Please required to establish national emission performing 12 percent of existing refer to ‘‘Secondary Lead Smelting— standards by May 31, 1995 according to sources (excluding certain sources Background Information for this schedule. Major sources are those described in section 112(d)(3) of the Promulgated Standards,’’ (EPA–453/R– sources emitting 10 or more tons per Act) for categories and subcategories 95–008b). year of any one HAP or 25 or more tons with 30 or more sources, or the best- The BID contains a summary of all the per year of a combination of HAP’s. performing 5 sources for categories and public comments made on the proposed This NESHAP was proposed in the subcategories with fewer than 30 standards and the EPA’s response to the Federal Register on June 9, 1994 (59 FR sources. There are fewer than 30 comments. It also contains a summary 29750). The same notice also announced secondary lead smelters, so the of the changes made to the standards that the EPA was proposing to add standards for existing sources are based since proposal. secondary lead smelters that are area on the best-performing 5 sources. FOR FURTHER INFORMATION CONTACT: Mr. sources to the list of source categories Floor levels of control were Phil Mulrine, Metals Group, Emission that will be subject to national emission determined for each of the affected Standards Division (MD–13), U.S. standards. Area sources are those source types under consideration for Environmental Protection Agency, smelters emitting less than 10 tons per regulation. Source types are process Research Triangle Park, North Carolina year of any single HAP and less than 25 sources, process fugitive sources, and 27711; telephone (919) 541–5289. tons per year of a combination of HAP’s. fugitive dust sources. For process The EPA received 31 letters fugitive sources and fugitive dust SUPPLEMENTARY INFORMATION: commenting on the proposed rule and sources, which are similar in character Judicial Review. Under section proposed area source listing. The EPA and emissions potential across all 307(b)(1) of the Act, judicial review of received no requests for a public secondary lead smelters, the entire a NESHAP is available only by filing a hearing. The EPA published a population of secondary lead smelters petition for review in the U.S. Court of supplemental notice announcing the are considered in determining MACT Appeals for the District of Columbia availability of new data regarding the floor levels of control. For process Circuit within 60 days of today’s proposed standards for hydrogen sources, specifically smelting furnaces, publication of this final rule. Under chloride/chlorine (HCl/Cl2) emissions smelters are differentiated and divided section 307(b)(2) of the Act, the on April 19, 1995 (60 FR 19556). The into configurations based on the Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32589

smelting furnace types used at DD) that is ventilated to a control propane, corrected to 4 percent CO2 to individual smelters. In all but one case, device. Lead compound emissions, as a correct for dilution. Sampling point floors for existing source MACT and surrogate for all metal HAP’s, from each locations shall be determined according new source MACT are identified. In the hood or building control device are to EPA Reference Method 1, and stack one case where existing source MACT is limited to 2.0 mg/dscm (0.00087 gr/ gas conditions shall be determined, as less stringent than new source MACT, dscf). appropriate, according to EPA Reference the determination was made that the Refining kettle enclosure hoods must Methods 2, 3, 3B, and 4 (40 CFR part 60, establishment of standards beyond the have a minimum air velocity into all appendix A). existing source floor was unreasonable. hood openings (i.e., face velocity) of 75 A complete discussion of the selection meters per minute (m/min; 250 feet per 6. Monitoring Requirements of the MACT and basis of standards for minute (fpm)), and the enclosure hoods The rule requires an initial lead each source type is presented in the over drying kiln transition pieces must compound emission test to demonstrate preamble to the proposed rule (59 FR have a minimum face velocity of 110 m/ compliance with the lead compound 29760; June 9, 1994). min (350 fpm). All other process emission standards. All owners and fugitive emission sources (charging operators must also prepare SOP 1. Process Emission Sources points, lead and taps, and manuals for the systematic inspection Owners and operators of all smelting agglomerating furnaces) with an and maintenance of all baghouses. Each furnace types must limit lead compound enclosure hood must have a minimum manual shall also include provisions for emissions, which is a surrogate for all face velocity of 90 m/min (300 fpm). If the diagnosis of problems and a metal HAP’s, to no more than 2.0 a ventilated building is used to control corrective action plan. In addition, all milligrams per dry standard cubic meter process fugitive sources, then it must baghouses are required to have bag leak (mg/dscm; 0.00087 grains per dry have a minimum air velocity into the detection systems with alarms to standard cubic foot (gr/dscf)). Owners building through all openings of 75 m/ indicate bag leaks or other causes of and operators must limit THC min (250 fpm). increased emissions. Plans for corrective emissions, which is a surrogate for all Table 3 in the attached regulatory text action must prescribe procedures to be organic HAP’s, to varying levels summarizes the requirements for followed whenever an alarm is depending on the smelting furnace type. process fugitive emission sources. triggered. No THC limits apply to reverberatory, Compliance with the THC emission 3. Fugitive Dust Sources rotary, and electric furnaces not standards (except that for collocated with blast furnaces. Fugitive dust emissions must be charging) will require monitoring either Owners and operators of collocated controlled by the measures specified in afterburner or incinerator temperature reverberatory and blast furnaces must a standard operating procedures (SOP) or THC concentration. Only an initial comply with a THC limit of 20 parts per manual. The SOP must be developed by compliance test is required for blast million by volume (ppmv) as propane at the owner or operator of each smelter furnace charging. 4 percent (CO2) when and submitted to the Administrator for both furnaces are operating. Less approval. The SOP must describe the 7. Notification Requirements stringent limits apply when the measures that will be used to control The owner or operator will be reverberatory furnace is not operating. fugitive dust emissions from plant required to comply with the notification When the reverberatory furnace is not roadways; the battery breaking area; the requirements in the General Provisions operating, new blast furnaces collocated furnace, refining, and casting areas; and to part 63 (40 CFR part 60, subpart A). with reverberatory furnaces must the materials storage and handling In addition, owners and operators will comply with a THC limit of 70 ppmv, areas. Acceptable control measures be required to submit the fugitive dust and existing blast furnaces must comply include either a total enclosure of the control SOP and the baghouse SOP to with a THC limit of 360 ppmv. fugitive dust source and ventilation of the Administrator for review and Owners and operators of new blast the enclosure to a control device, or a approval. furnaces located at blast-furnace-only combination of partial enclosures, wet 8. Recordkeeping and Reporting smelters must comply with a THC limit suppression, and pavement cleaning. Requirements of 70 ppmv. Existing blast furnaces Lead compound emissions, as a located at blast-furnace-only smelters surrogate for all metal HAP’s, from Owners and operators will be must comply with a THC limit of 360 enclosure control devices must be required to comply with the ppmv. The THC emissions from each limited to 2.0 mg/dscm (0.00087 gr/ recordkeeping and reporting blast furnace charging chute at all dscf). requirements in the General Provisions smelters with blast furnaces shall not to part 63 (40 CFR part 63, subpart A). exceed 0.20 kilograms per hour (kg/hr; 4. Compliance Dates In addition, the owners and operators 0.44 pounds per hour (lb/hr)). Compliance for existing sources must will be required to maintain records Table 2 in the attached regulatory text be achieved no later than June 23, 1997, demonstrating that they have summarizes the emission limits for or upon startup for new or reconstructed implemented the requirements of the smelting furnace process sources. sources. fugitive dust control SOP and the baghouse SOP, including records of all 2. Process Fugitive Emission Sources 5. Compliance Test Methods bag leak detection system alarms and Owners and operators must comply Compliance with the emission limits corrective actions. with either of two process fugitive for lead compounds shall be determined emission control options. Each process according to EPA Reference Method 12 B. Summary of Major Changes Made fugitive emission source must be (40 CFR part 60, appendix A). Since Proposal controlled either by an enclosure-type Compliance with the THC emission Based on public comments received hood that is ventilated to a control limits shall be determined according to in response to both the initial notice of device or must be fully enclosed within EPA Reference Method 25A (40 CFR proposal and the supplemental notice, a containment building (within the part 60, appendix A). Concentrations of and other data received since proposal, meaning of 40 CFR part 265, subpart THC shall be reported in ppmv, as the EPA has made several changes to the 32590 Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations proposed rule. The BID referred to in Rather than install and operate a COM, separator material in batteries. The the ADDRESSES section of this preamble each owner or operator must now rationale for not promulgating HCl/Cl2 contains a complete explanation of the prepare a baghouse SOP manual that emission standards is explained in EPA’s reasons for making each of these includes an inspection and maintenance section IV(B) of this preamble. changes. A summary of the major procedure and a corrective action plan These emission reductions will have changes is presented below. for all process, process fugitive, and a positive effect on public health. Metal fugitive dust baghouses. Each baghouse 1. Applicability HAP emissions from secondary lead must also be fitted with a bag leak smelting include lead compounds and The applicability of the rule was detection system with an alarm to arsenic compounds, among others. clarified by adding a statement that the monitor baghouse performance. An Populations around secondary lead rule does not apply to primary lead alarm signal by itself is not considered smelters can be exposed to metal HAP’s smelters, lead refiners, and lead to be a violation of the lead compound through inhalation or through ingestion remelters. emission limit. To maintain compliance, of metal HAP’s that have settled on the the owner or operator must follow the 2. Standards for Process Sources soil in the vicinity of the smelter. inspection and maintenance procedure Exposure to lead compounds occurs The THC emission limits for blast and comply with the requirements of through inhalation or ingestion, but the furnaces collocated with reverberatory the corrective action plan whenever an effects are the same regardless of the furnaces were revised to account for alarm is activated. route of exposure. Chronic exposure to periods when the reverberatory furnace There has been no change to the lead compounds results in adverse is not operating. organic HAP monitoring requirements. effects on the blood, central nervous When the reverberatory furnace is not The proposed HCl/Cl2 monitoring system, blood pressure, kidneys, and operating, these blast furnaces will be requirements have been withdrawn. vitamin D metabolism. Children are allowed to meet the same THC limits as 6. Recordkeeping and Reporting particularly sensitive and exposure can new and existing blast furnaces located Requirements also result in reduced cognitive at blast-furnace-only smelters (70 ppmv development and reduced growth. The recordkeeping and reporting and 360 ppmv, respectively). The Adverse effects on human reproduction proposed standards required that requirements have been revised so they are consistent with the baghouse SOP have also been reported. Lead reverberatory/blast furnace facilities compounds can be persistent in the meet a THC emission limit of 20 ppmv manual in the revised monitoring requirements. Owners and operators environment and have the potential to at all times. The proposed HCl/Cl2 accumulate in food chains. emission standards (and associated also will be required to record the date and time of all bag leak detection system Chronic inhalation exposure to testing and monitoring requirements) arsenic compounds is strongly are not being promulgated. alarm signals, their cause, the corrective action taken, and the timing for such associated with lung cancer and is 3. Standards for Process Fugitive action. associated with irritation of the skin and Sources The requirements for THC mucous membranes (dermatitis, The ventilation requirements for recordkeeping and reporting have been conjunctivitis, pharyngitis, and rhinitis). hoods have been modified; the clarified so that only the 3-hour Chronic oral exposure has resulted in volumetric flow rate requirement for averages that are not in compliance with gastrointestinal effects, anemia, refining kettle hoods has been the allowable afterburner or incinerator peripheral nerve damage, skin lesions, withdrawn and the face velocity temperature, or THC concentration must and liver or kidney damage and is requirements for furnace charging and be reported, rather than all 3-hour linked to skin, bladder, liver, and lung tapping have been lowered from 110 m/ averages for the entire reporting period. cancer. min (350 fpm) to 90 m/min (300 fpm). The recordkeeping and reporting Organic HAP emissions from A provision has been added that will requirements associated with the HCl/ secondary lead smelting include 1,3- butadiene, among other organic allow owners and operators to control Cl2 emission standards have been process fugitive emission sources by withdrawn. Finally, the reporting compounds. The effects of chronic enclosing them in a building that is frequency has been changed to be exposure to 1,3-butadiene include ventilated to a control device, rather consistent with the requirements under increased cardiovascular disease. than having to comply with the § 63.10 of the General Provisions. Animal studies of chronic exposure to 1,3-butadiene indicate effects on enclosure hood and face velocity C. Summary of Environmental, Health, requirements at each emission source. respiratory and cardiovascular systems Cost, and Economic Impacts and the liver, as well as developmental 4. Test Methods and Schedule The final standards will reduce total and reproductive effects. Animal studies The annual lead test has been nationwide emissions of both metal have also reported tumors from withdrawn for all sources; only an HAP’s and organic HAP’s from inhalation exposure to 1,3-butadiene initial lead test is now required. secondary lead smelters by 1,283 and the EPA has classified 1,3- Velometers (anemometers) have been megagrams per year (Mg/yr) (1,411 tons/ butadiene as a probable human added as an alternate method for yr). These reductions include 53 Mg/yr carcinogen. determining face velocities for process (58 tons/yr) of metal HAP’s and 1,230 In addition to the reductions in HAP fugitive hoods and building doorways. Mg/yr (1,353 tons/yr) of organic HAP’s. air emissions achieved, the final No reductions in HCl/Cl2 emissions are standards will also achieve reductions 5. Monitoring Requirements expected as a direct consequence of the in nationwide emissions of two criteria The proposed rule would have final rule because of the deletion of HCl/ pollutants, carbon monoxide and required a continuous opacity monitor Cl2 emission standards since proposal. particulate matter. Compliance with the (COM) and a site-specific opacity limit However, emissions of HCl/Cl2 are final standards will reduce emissions of for monitoring lead compound expected to be essentially eliminated in particulate matter by 135 Mg/yr (149 emissions from process sources. These any case because of the elimination of tons/yr) and those of carbon monoxide requirements have been withdrawn. polyvinyl chloride (PVC) plastic as a by 80,000 Mg/yr (88,000 tons/yr). Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32591

No significant adverse secondary air, results of the EPA’s secondary lead sources (i.e., those with emissions of water, or solid waste impacts are smelter testing program as well as the less than 10 tons per year of any one anticipated from these standards. The standards being evaluated for proposal. HAP or 25 tons per year of a national annual energy usage due to the This meeting was held on October 5, combination of HAP’s) should be listed installation of the required control 1993. The comments submitted as sources subject to section 112 devices is expected to be 5.0 million following this meeting were standards and should be subject to the cubic meters per year (180 million cubic incorporated into the proposed rule. same regulations as smelters that are feet per year) of natural gas to operate The standards were proposed and major sources. Seven commenters afterburners on blast furnaces and published in the Federal Register on disagreed with the EPA’s decision to reverberatory/blast furnace smelters. June 9, 1994 (59 FR 29750). The regulate area sources; three of the seven The natural gas consumption estimated preamble to the proposed standards argued that the risks are insufficient to at proposal was 3.7 million cubic meters discussed the availability of the BID, warrant regulation under MACT (130 million cubic feet per year). The which described the technical basis and standards. After considering all increase since proposal is due to a the impacts of the proposed standards. comments on the subject, the EPA revised analysis of the control Public comments were solicited at the continues to believe that area sources equipment and amount of natural gas time of proposal. should be regulated under MACT needed to perform gas stream blending To provide interested persons the standards and is, therefore, maintaining to control organic HAP emissions from opportunity for oral presentation of its decision to regulate secondary lead reverberatory/blast furnace smelters. No data, views, or arguments concerning smelters that are area sources under this other notable energy impacts are the proposed standards, the opportunity final action. expected. for a public hearing was offered at The decision to list area source The implementation of this regulation proposal; however, no requests for a smelters to regulate them under the is expected to result in a national hearing were received. The public same standards as major source smelters annual cost of $2.8 million. This comment period was from June 9, 1994 is based on the cancer risks from includes an annualized cost from to August 8, 1994. Thirty-one comment secondary lead smelter emissions and installation of control devices of $1.86 letters were received. A supplemental noncancer health risks posed by lead million and total monitoring, reporting, notice was published on April 19, 1995 compound emissions. The estimated and recordkeeping costs of $0.93 (60 FR 19556) and eight comment letters annual cancer incidence is 0.1 cases for million. At proposal, the estimated were received. The comments were all seven smelters predicted to be area national costs were $2.6 million per carefully considered by the sources. This cancer incidence is due year. The annualized control costs were Administrator in formulating the final primarily to exposure to 1,3-butadiene estimated to be $890,000 and the annual rule. and arsenic. The maximum exposed costs for monitoring, recordkeeping, and individual has a cancer risk of 1 in reporting were $1.7 million. The IV. Significant Comments and 1,000 and 560,000 individuals are annualized control costs have increased Responses estimated to be exposed to a risk greater since proposal because the cost estimate The EPA received comment letters on than 1 in 1 million. to control organic HAP emissions from the proposed standards from owners Section 112(c)(3) of the Act does not reverberatory/blast furnace smelters was and operators of secondary lead offer a ‘‘bright line’’ test for the EPA to revised in response to public comments. smelters and industry trade use in making an area source finding. The annual monitoring, recordkeeping, associations, States, equipment vendors, Instead, the EPA believes that it has and reporting costs have decreased and environmental groups. A detailed discretion to consider a range of health since proposal because the HCl/Cl2 discussion of all the comments and the effects endpoints and exposure criteria monitoring requirements have been EPA’s responses can be found in the in making the requisite finding of a withdrawn and the final metal HAP promulgation BID, which is referenced threat of adverse effects to health or the monitoring requirements involve fewer in the ADDRESSES section of this environment. In making area source emission tests and less expensive preamble. The summary of comments listing determinations, the EPA strives monitoring devices than at proposal. and responses in the BID serves as the to provide maximum feasible protection The economic impact analysis done at basis for the revisions that have been against risks to health from HAP’s by: proposal showed that the economic made to the standards between proposal (1) Protecting the greatest number of impacts from the proposed standard and promulgation. Most of the comment persons possible to an individual would be insignificant. The economic letters contained multiple comments. lifetime cancer risk level of no higher impact analysis was not revised for Significant comments and new than approximately 1 in 1 million and promulgation because the relatively information were received on four (2) limiting to no more than 1 in 10,000 small increase in costs is not expected topics since proposal: the area source the estimated cancer risk to the to have any effect on the conclusions of finding, the standards for process hypothetical maximum exposed the economic impact analysis. sources (especially those proposed for individual. The estimated cancer risks HCl/Cl2 emissions), the monitoring presented by area source smelters are III. Public Participation requirements for metal HAP’s, and the consistent with those supporting similar On November 17, 1992, the EPA exemption from the Resource EPA decisions to regulate other presented the National Air Conservation and Recovery Act (RCRA) categories of area sources and with the Control Techniques Advisory boiler and industrial furnace (BIF) EPA’s strategy to implement section 112 Committee with an overview of the emission standards. These comments (57 FR 31576, July 16, 1992). EPA’s decision to regulate surrogates in and the EPA’s responses are Exposure to lead compounds is also a place of regulating individual metal summarized in this preamble. concern. It is estimated that 250 HAP’s and organic HAP’s. individuals in the vicinity of area source Prior to proposal of the standards, A. Adverse Health Effects Finding for smelters are exposed to ambient lead owners and operators of secondary lead Area Sources levels above the national ambient air smelters were invited by the EPA to Six commenters agreed with the quality standard (NAAQS) for lead of participate in a meeting to discuss the EPA’s finding that smelters that are area 1.5 micrograms per cubic meter (µg/m3). 32592 Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations

Emissions that result in ambient lead are disproportionately represented by briquettes were then charged to the concentrations below the NAAQS are minority and lower income populations. furnace. This smelter is the only facility also troubling. Ambient lead levels, Some area source smelters are currently handling and flue dust in this particularly in urban areas, may already located in communities that are manner. After proposal, the operators of represent a substantial portion of the disproportionately represented by a blast-furnace-only smelter that lead NAAQS (56 FR 7167, February 21, minority and lower income populations. recycled agglomerated flue dust 1991; 52 FR 16994, May 6, 1987) Therefore, the EPA believes that sponsored an HCl testing program in (existing substantial ambient regulating all smelters under MACT which additional flux was added to the concentrations of lead justify lowering standards addresses the objectives of furnace separately in the form of permissible air emissions for lead from E.O. 12898. crushed limestone. The test results boilers and industrial furnaces burning B. Hydrogen Chloride/Chlorine obtained show that additional fluxing in ). Estimates indicate Emission Standards this manner achieved no incremental that 300 individuals may be exposed to reduction in HCl emissions. A ambient lead levels above 1.0 µg/m3 The proposed rule contained emission reevaluation of the fluxing issue (two-thirds the current NAAQS) and standards and monitoring requirements suggests that flux material must be 1500 individuals may be exposed to to control HCl and Cl2 emissions from mixed with the flue dust, for example levels above 0.5 µg/m3 (one-third the all furnace types. Hydrogen chloride through briquetting, to achieve effective and Cl2 are formed from the current NAAQS) due to the area source HCl/Cl2 control. Mixing powdered flux smelters. Finally, recent scientific of PVC plastic separators that are found and the flue dust is necessary to achieve information suggests that lead blood in some used lead-acid batteries. The a close physical association to promote levels in children lower than previously only significant source of HCl/Cl2 the chemical reactions that prevent HCl emissions is from feedstock materials thought may cause adverse health and Cl2 emissions. containing PVC. At proposal, the EPA effects (56 FR 7167, February 21, 1991; If HCl/Cl2 control were still required believed that many used lead-acid 56 FR 26469, June 7, 1991) (establishing by the rule, those smelters that do not batteries contained PVC separators. standards for lead in drinking water). currently operate a scrubber or combine Based on the results of tests at several Lead is also persistent in the flue dust with flux before charging them smelters, the EPA predicted at proposal environment and individuals, to the furnace would need to install and that the addition of soda ash or particularly children, can be exposed operate a scrubber or reconfigure the limestone fluxing agents to the feed through pathways other than inhalation. flue dust handling and flux delivery material could achieve the same level of The sites of two former smelters have system. The cost impacts of the required Federal cleanup action under HCl/Cl2 control as an acid gas scrubber, proposed HCl/Cl2 emission standards, the Comprehensive Environmental but at a much lower cost. The proposed therefore, would be substantially greater Response, Compensation, and Liability emission standards and monitoring than those estimated at proposal. Act, also known as ‘‘Superfund.’’ Both requirements and the estimated cost However, as noted above, the EPA sites were contaminated by lead impacts were based on the use of predicts that secondary lead smelters deposition onto surrounding soil. fluxing agents. will no longer be sources of HCl or Cl Deposition at these sites was caused by Several comments were received 2 emissions when the rule takes effect. the same types of air emission sources stating that the feasibility of fluxing as For that reason, the EPA is withdrawing that will be regulated by this rule. a control may be overstated and In short, the EPA finds that secondary scrubbers may be necessary in many the proposed HCl/Cl2 emission lead smelter area sources pose potential cases. Several commenters also asserted standards and associated monitoring requirements. adverse human health and that the proposed HCl/Cl2 emission environmental threats that justify listing standards are not needed because PVC Six commenters agreed with the under section 112(c)(3). The Agency is no longer used as a separator material. EPA’s decision to withdraw the HCl/Cl2 further finds that MACT standards are Information obtained by the EPA since emission standards and associated the most appropriate for these sources. proposal confirms that PVC is no longer monitoring requirements for this rule. The EPA considers the cost impacts of used as a separator material and the Two commenters disagreed with EPA’s the final rule, including the regulation proportion of spent batteries with PVC decision to withdraw the HCl/Cl2 of area source smelters by MACT is expected to decline as these batteries emission standards. One argued that standards, to be reasonable. The are removed from service and recycled lead-contaminated personal protective pollutants being regulated are especially (Docket Item IV-D–34). In 1990, about 1 equipment (PPE) that is disposed of in toxic, warranting heightened control. percent of scrap batteries processed at the smelting furnaces could be a source (cf. S. Rept. 228, 101st Cong., 1st sess., lead smelters contained PVC separators. of PVC in addition to battery separators. 173.) The overall cost-effectiveness of In 1994, less than 0.1 percent of scrap The other commenter argued for the rule will be about $1,400 per Mg batteries contain PVC. The EPA predicts temporary HCl/Cl2 emission standards ($1,300 per ton) of HAP reduced. The that by the time existing smelters must for a minimum of 3 to 5 years to confirm EPA’s decision to regulate both major demonstrate compliance with these that HCl/Cl2 emissions have been and area sources by the same standards standards in 1997, batteries containing reduced. also eliminates the potential for adverse PVC will only be present in the scrap Data provided by a smelter operator effects on competition within the battery inventory in trace amounts, indicate that less than one ton per year industry. resulting, at most, in only trivial of lead-contaminated PPE is disposed of Finally, the EPA believes that amounts of HCl or Cl2 air emissions. in the smelting furnace of a large regulating all smelters under the same Data provided to the EPA since smelter. Only a fraction of PPE is PVC regulations is consistent with the proposal also indicates that the EPA and only a fraction of PVC is chlorine Agency’s responsibilities for achieving may have overstated the feasibility of (Docket Item IV–D–47). Therefore, the environmental justice under Executive fluxing as a control option. At the blast potential HCl/Cl2 emissions attributed Order (E.O.) No. 12898. Historically, furnace tested by the EPA, powdered to PPE disposal is minimal. A worse some secondary lead smelters have had fluxing agents were mixed with flue case estimate of HCl/Cl2 emissions due adverse impacts on communities that dust in a briquetting and the to PPE disposal indicates maximum Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32593 emissions on the order of a few hundred controlled by baghouses (i.e., process, (1) Have an annual effect on the pounds per year. process fugitive, and fugitive dust economy of $100 million or more or In regard to the issuance of temporary sources). adversely affect in a material way the standards, pending confirmation that The bag leak detection system must be economy, a sector of the economy, HCl/Cl2 emissions have been reduced, fully operational prior to the initial lead productivity, competition, jobs, the the EPA acknowledges that such an compliance test. However, the detection environment, public health or safety, or action would be prudent if the predicted system will not be used to monitor State, local, or tribal governments or decline in PVC was uncertain. However, compliance with the numerical lead communities; the EPA is reasonably confident that the emission limit; it will be used to (2) Create a serious inconsistency or predicted decline in PVC separators in monitor baghouse performance and otherwise interfere with an action taken secondary lead smelter feedstock will operating conditions to indicate or planned by another agency; continue and PVC will be present in baghouse failures. (3) Materially alter the budgetary only trace quantities by the 1997 The EPA agrees that COM’s cannot be impact of entitlements, grants, user fees, effective date of this rule. Therefore, it used to monitor compliance with a or loan programs, or the rights and is EPA’s judgement that a temporary numerical lead compound emission obligations of recipients thereof; or HCl/Cl2 emission standard is limit applicable to secondary lead (4) Raise novel legal or policy issues unnecessary. smelting. Instead, the EPA has arising out of legal mandates, the After considering all comments, the determined that compliance can be President’s priorities, or the principles EPA believes the HCl/Cl2 emission demonstrated and ensured through set forth in the Executive Order. standards and associated monitoring well-specified operation and The EPA has submitted this action to requirements should be deleted from the maintenance procedures as delineated OMB for review. Changes made in rule. in this final rule. response to OMB suggestions or recommendations have been C. Metal Hazardous Air Pollutant D. Exemption From Resource documented in Docket A–92–43 (see the Monitoring Requirements Conservation and Recovery Act Boiler ADDRESSES section of this preamble). The proposed rule would have and Industrial Furnace Emission C. Unfunded Mandates Act required each smelter to install and Standards operate a COM and establish a site- Section 202 of the Unfunded The EPA proposed to continue the specific opacity limit during the initial Mandates Reform Act of 1995 exemption (40 CFR 266.100(c)) for lead compound compliance test for (‘‘Unfunded Mandates Act’’) requires RCRA regulation of air emissions from process sources. Exceeding this opacity that the Agency prepare a budgetary secondary lead smelters burning limit would have constituted a violation impact statement before promulgating a hazardous wastes solely for metal of the lead compound emission rule that includes a Federal mandate recovery. All commenters agreed that standard. For process fugitive and that may result in expenditure by State, this is an appropriate approach. As the fugitive dust sources, the proposed rule local, and tribal governments, in EPA stated at proposal, this exemption required an annual lead test and a aggregate, or by the private sector, of is temporary and permanent resolution baghouse inspection and maintenance $100 million or more in any 1 year. can be made at the time of the section plan. Section 203 requires the Agency to 112(f) residual risk determination. The EPA received many comments establish a plan for obtaining input from that presented technical arguments V. Administrative Requirements and informing, educating, and advising against the proposed metal HAP any small governments that may be A. Docket monitoring requirements. Several significantly or uniquely affected by the commenters argued that there is a poor The docket is an organized and rule. correlation among lead, particulate complete file of all the information Under section 205 of the Unfunded matter, and opacity at low grain considered by the EPA in the Mandates Act, the Agency must identify loadings. Therefore, the argument goes, development of this rulemaking. The and consider a reasonable number of opacity cannot be used as a reliable docket is a dynamic file, since material regulatory alternatives before surrogate to indicate compliance with a is added throughout the rulemaking promulgating a rule for which a numerical lead emission limit. Other development. The docket system is budgetary impact statement must be commenters recommended that other intended to allow members of the public prepared. The Agency must select from technologies are more reliable, accurate, and affected industries to readily those alternatives the least costly, most and cost effective than COM’s for identify and locate documents so that cost-effective, or least burdensome detecting broken bags in baghouses, they can effectively participate in the alternative that achieves the objectives particularly bag leak detection systems rulemaking process. Along with the of the rule, unless the Agency explains using triboelectric or light scattering BID’s and preambles to the proposed why this alternative is not selected or effects. and promulgated standards, the the selection of this alternative is Based on these comments and contents of the docket will serve as the inconsistent with law. additional information collected from official record in case of judicial review Because this final rule is estimated to monitoring equipment vendors since (section 307(d)(7)(A) of the Act). result in the expenditure by State, local, proposal, the EPA has revised the metal and tribal governments or the private HAP monitoring requirements. The final B. Executive Order 12866 sector of significantly less than $100 monitoring provisions require an SOP The Agency must determine whether million in any 1 year, the Agency has for baghouse inspection and a regulatory action is ‘‘significant’’ and not prepared a budgetary impact maintenance that includes a bag leak therefore subject to OMB review and the statement or specifically addressed the detection system with an alarm and a requirements of the E.O. 12866, (58 FR selection of the least costly, most cost- corrective action plan for responding to 51735, October 4, 1993). The Executive effective, or least burdensome alarms. The same monitoring Order defines ‘‘significant regulatory alternative. Because small governments requirements will apply to all metal action’’ as one that is likely to result in will not be significantly or uniquely HAP emission sources that are a rule that may: affected by this rule, the Agency is not 32594 Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations required to develop a plan with regard Regulatory impacts are considered Dated: May 31, 1995. to small governments. significant if: Carol M. Browner, (1) Annual compliance costs increase Administrator. D. Paperwork Reduction Act total costs of production by more than Information collection requirements 5 percent; For the reasons set out in the associated with this regulation (those (2) Annual compliance costs as a preamble, title 40, chapter I, of the Code included in 40 CFR part 63, subpart A percent of sales are at least 20 percent of Federal Regulations is amended as and subpart X) have been approved by higher for small entities; follows: (3) Capital cost of compliance the Office of Management and Budget PART 9Ð[AMENDED] (OMB) under the provisions of the represents a significant portion of Paperwork Reduction Act of 1980, 44 capital available to small entities; or 1. The authority citation for part 9 (4) The requirements of the regulation U.S.C. 3501 et seq., and have been continues to read as follows: are likely to result in closures of small assigned OMB control number 2060– Authority: 7 U.S.C. 135 et seq., 136–136y; 0296. An Information Collection entities. The results of the economic 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; Request (ICR) document has been assessment performed at proposal 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 prepared by the EPA (ICR No. 1686.02) served as the regulatory flexibility U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, to reflect the revised information 1326, 1330, 1344, 1345 (d) and (e), 1361; E.O. analysis and indicated that the rule will requirements of the final rule and has 11735, 38 FR 21243, 3 CFR, 1971–1975 have an economic impact on small been submitted to OMB for review. A Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, business entities. The assessment has 300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4, copy may be obtained from Sandy not been updated because the impacts Farmer, Information Policy Branch, 401 300g–5, 300g–6, 300j–1, 300j–2, 300j–3, 300j– on the small entities have not increased 4, 300j–9, 1857 et seq., 6901–6992k, 7401– M Street, SW. (2136), Washington, DC since proposal. However, adverse 7671q, 7542, 9601–9657, 11023, 11048. 20460, or by calling (202) 260–2740. economic impacts have been minimized The annual industry recordkeeping to the greatest extent possible in this 2. Section 9.1 is amended by adding and reporting burden and costs averaged rulemaking, and those that remain are a new entry to the table under the over the first 3 years for secondary lead unavoidable. All of the small entities indicated heading to read as follows: smelters are 11,300 hours and $452,000 that are currently operating and that are § 9.1 OMB approvals under the Paperwork per year. This collection of information impacted are major sources of HAP’s for Reduction Act. is estimated to have an annual which the EPA is required to adopt * * * * * government recordkeeping and MACT standards. Consequently, the reporting burden averaging 1,600 hours economic impacts cannot be minimized 40 CFR citation OMB control No. over the first 3 years. These burden by promulgating less stringent standards estimates include time for reviewing based on generally achievable control ***** instructions, searching existing data technology (GACT). The final standards National Emission Standards for Hazardous sources, gathering and maintaining the are based on MACT floor controls, and Air Pollutants for Source Categories 3 data needed, and completing and in no instance did the EPA establish reviewing the collection of information. standards based on controls more ***** Send comments regarding the burden stringent than the floor. The EPA was 63.548±63.550 2060±0296 estimate or any other aspects of this also able to identify alternatives to add- collection of information, including on controls (e.g., work practice controls) ***** suggestions for reducing this burden to in the MACT floors that offered 3 The ICRs referenced in this section of the Chief, Information Policy Branch (EPA equivalent levels of control. The EPA Table encompass the applicable general provi- 2136); U.S. Environmental Protection has minimized the impacts associated sions contained in 40 CFR part 63, subpart A, which are not independent information collec- Agency, 401 M Street, SW., Washington, with monitoring by adopting a surrogate tion requirements. DC 20460; and to the Office of pollutant approach and by allowing for Information and Regulatory Affairs, alternative monitoring strategies when PART 63Ð[AMENDED] Office of Management and Budget, available. The impacts on all entities Washington, DC 20503, marked have been reduced since proposal by 1. The authority citation for part 63 ‘‘Attention: Desk Officer for the EPA.’’ withdrawing the HCl/Cl2 emission continues to read as follows: standards and by revising the metal Authority: 42 U.S.C. 7401 et seq. E. Regulatory Flexibility Act HAP monitoring requirements. Finally, The Regulatory Flexibility Act (or the EPA has minimized the impacts 2. Part 63 is amended by adding RFA, Public Law 96–354, September 19, associated with recordkeeping and subpart X to read as follows: 1980) requires Federal agencies to give reporting by promulgating only the Subpart XÐNational Emission Standards special consideration to the impact of minimum requirements needed to for Hazardous Air Pollutants From regulation on small businesses. The document continuous compliance with Secondary Lead Smelting RFA specifies that a regulatory the emission limits. Sec. flexibility analysis must be prepared if List of Subjects 63.541 Applicability. a screening analysis indicates a 63.542 Definitions. regulation will have a significant 40 CFR Part 9 63.543 Standards for process sources. economic impact on a substantial Environmental protection, Reporting 63.544 Standards for process fugitive sources. number of small entities. For this and recordkeeping requirements. industry, a small entity is defined as one 63.545 Standards for fugitive dust sources. 40 CFR Part 63 63.546 Compliance dates. with 500 or fewer employees. A 63.547 Test methods. ‘‘substantial number’’ of small entities is control, Hazardous 63.548 Monitoring requirements. generally considered to be more than 20 substances, Incorporation by reference, 63.549 Notification requirements. percent of the small entities in the Reporting and recordkeeping 63.550 Recordkeeping and reporting affected industry. requirements, Secondary lead smelters. requirements. Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32595

SUBPART XÐNATIONAL EMISSION Battery breaking area means the plant in piles, bins, or tubs, and areas in STANDARDS FOR HAZARDOUS AIR location at which lead-acid batteries are which material is prepared for charging POLLUTANTS FROM SECONDARY broken, crushed, or disassembled and to a smelting furnace. LEAD SMELTING separated into components. Partial enclosure means a structure Blast furnace means a smelting that incorporates walls or partitions on § 63.541 Applicability. furnace consisting of a vertical cylinder at least three sides or three-quarters of (a) The provisions of this subpart atop a crucible, into which lead-bearing the circumference of an area to screen apply to the following affected sources charge materials are introduced at the the material or process equipment at all secondary lead smelters: blast, top of the furnace and combustion air is located therein to prevent the reverberatory, rotary, and electric introduced through tuyeres at the entrainment of particulate matter into smelting furnaces; refining kettles; bottom of the cylinder, and that uses the air. agglomerating furnaces; dryers; process as a source and that is Pavement cleaning means the use of fugitive sources; and fugitive dust operated at such a temperature in the vacuum equipment, water sprays, or a sources. The provisions of this subpart combustion zone (greater than 980 °C) combination thereof to remove dust or do not apply to primary lead smelters, that lead compounds are chemically other accumulated material from the lead refiners, or lead remelters. reduced to elemental lead metal. paved areas of a secondary lead smelter. (b) Table 1 of this subpart specifies Blast furnace charging location means Plant roadway means any area of a the provisions of subpart A that apply the physical opening through which raw secondary lead smelter that is subject to and those that do not apply to owners materials are introduced into a blast vehicle traffic, including traffic by fork and operators of secondary lead furnace. lifts, front-end loaders, or vehicles smelters subject to this subpart. Dryer means a chamber that is heated carrying whole batteries or cast lead and that is used to remove moisture ingots. Excluded from this definition are TABLE 1.ÐGENERAL PROVISIONS from lead-bearing materials before they employee and visitor parking areas, APPLICABILITY TO SUBPART X are charged to a smelting furnace. provided they are not subject to traffic Dryer transition piece means the by vehicles carrying lead-bearing Applies junction between a dryer and the charge materials. Reference to sub- Comment hopper or conveyor, or the junction part X Process fugitive emission source between the dryer and the smelting means a source of hazardous air 63.1 ...... Yes. furnace feed chute or hopper located at pollutant emissions at a secondary lead 63.2 ...... Yes. the ends of the dryer. smelter that is associated with lead Electric furnace means a smelting 63.3 ...... Yes. smelting or refining but is not the 63.4 ...... Yes. furnace consisting of a vessel into which primary exhaust stream from a smelting 63.5 ...... Yes. reverberatory furnace slag is introduced furnace and is not a fugitive dust source. 63.6 (a), (b), (c), Yes. and that uses electrical energy to heat Process fugitive sources include, but are (e), (f), (g), (i) the reverberatory furnace slag to such a and (j). not limited to, smelting furnace temperature (greater than 980 °C) that 63.6 (d) and (h) No. No opacity limits charging points, smelting furnace lead lead compounds are reduced to in rule. and slag taps, refining kettles, elemental lead metal. 63.7 ...... Yes. agglomerating furnaces, and drying kiln Enclosure hood means a hood that 63.8 ...... Yes. transition pieces. 63.9 (a), (b), (c), Yes. covers a process fugitive emission (d), (e), (g), source on the top and on all sides, with Refining kettle means an open-top (h)(1±3), openings only for access to introduce or vessel that is constructed of or (h)(5±6), and remove materials to or from the source and is indirectly heated from (j). and through which an induced flow of below and contains molten lead for the 63.9 (f) and No. No opacity or air is ventilated. purpose of refining and alloying the (h)(4). visible emis- lead. Included are pot furnaces, sion limits in Fugitive dust source means a stationary source of hazardous air receiving kettles, and holding kettles. subpart X. Reverberatory furnace means a 63.10 ...... Yes. pollutant emissions at a secondary lead 63.11 ...... No. Flares will not smelter that is not associated with a refractory-lined furnace that uses one or be used to specific process or process fugitive vent more flames to heat the walls and roof comply with or stack. Fugitive dust sources include, of the furnace and lead-bearing scrap to the emission but are not limited to, roadways, storage such a temperature (greater than 980 oC) limits. piles, materials handling transfer points, that lead compounds are chemically 63.12 to 63.15 .. Yes. materials areas, storage areas, reduced to elemental lead metal. process areas, and buildings. Rotary furnace (also known as a rotary § 63.542 Definitions. Furnace and refining/casting area reverberatory furnace) means a furnace Terms used in this subpart are means any area of a secondary lead consisting of a refractory-lined chamber defined in the Act, in subpart A of this smelter in which: that rotates about a horizontal axis and part, or in this section as follows: (1) Smelting furnaces are located; or that uses one or more flames to heat the Agglomerating furnace means a (2) Refining operations occur; or walls of the furnace and lead-bearing furnace used to melt into a solid mass (3) Casting operations occur. scrap to such a temperature (greater flue dust that is collected from a Materials storage and handling area than 980 oC) that lead compounds are baghouse. means any area of a secondary lead chemically reduced to elemental lead Bag leak detection system means smelter in which lead-bearing materials metal. systems that include, but are not limited (including, but not limited to, broken Secondary lead smelter means any to, devices using triboelectric, light battery components, slag, flue dust, and facility at which lead-bearing scrap scattering, and other effects to monitor ) are stored or handled between material, primarily but not limited to relative or absolute particulate matter process steps including, but not limited lead-acid batteries, is recycled into emissions. to, areas in which materials are stored elemental lead by smelting. 32596 Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations

Smelting means the chemical collocated blast furnace and contain total hydrocarbons in excess of reduction of lead compounds to lead reverberatory furnace shall discharge or 360 parts per million by volume, metal in high-temperature furnaces cause to be discharged into the expressed as propane corrected to 4 including, but not limited to, blast atmosphere from any existing, new, or percent carbon dioxide. furnaces, reverberatory furnaces, rotary reconstructed blast furnace or (e) No owner or operator of a furnaces, and electric furnaces. reverberatory furnace any gases that secondary lead smelter with only blast Total enclosure means a building with contain total hydrocarbons in excess of furnaces shall discharge or cause to be a roof and walls or partitions on all 20 parts per million by volume, discharged into the atmosphere from sides or the entire circumference to expressed as propane corrected to 4 any blast furnace that commences shelter the materials and/or process percent carbon dioxide, except as construction or reconstruction after June equipment located therein to prevent allowed under paragraphs (c)(1) and 9, 1994, any gases that contain total the entrainment of particulate matter (c)(2) of this section. hydrocarbons in excess of 70 parts per into the air and with openings only to (1) No owner or operator of a million by volume, expressed as allow access and egress for people and secondary lead smelter with a propane corrected to 4 percent carbon vehicles. collocated blast furnace and dioxide. reverberatory furnace shall discharge or Vehicle wash means a device for (f) If the owner or operator of a blast cause to be discharged into the removing dust and other accumulated furnace or collocated blast and atmosphere from any existing blast material from the wheels, body, and reverberatory furnace combines the blast furnace any gases that contain total underside of a vehicle to prevent the furnace charging process fugitive hydrocarbons in excess of 360 parts per inadvertent transfer of lead- emissions with the blast furnace process million by volume, expressed as contaminated material to another area of emissions and discharges them to the propane corrected to 4 percent carbon a secondary lead smelter or to public atmosphere through a common emission dioxide, during periods when the roadways. point, then compliance with the Wet suppression means the use of reverberatory furnace is not operating. (2) No owner or operator of a applicable total hydrocarbon water, water combined with a chemical concentration limit under paragraph (c) surfactant, or a chemical binding agent secondary lead smelter with a collocated blast furnace and of this section shall be determined to prevent the entrainment of dust into downstream from the point at which the the air from fugitive dust sources. reverberatory furnace shall discharge or cause to be discharged into the two emission streams are combined. § 63.543 Standards for process sources. atmosphere from any blast furnace that (g) If the owner or operator of a blast (a) No owner or operator of a commences construction or furnace or a collocated blast and secondary lead smelter shall discharge reconstruction after June 9, 1994, any reverberatory furnace does not combine or cause to be discharged into the gases that contain total hydrocarbons in the blast furnace charging process atmosphere from any existing, new, or excess of 70 parts per million by fugitive emissions with the blast furnace reconstructed blast, reverberatory, volume, expressed as propane corrected process emissions and discharges such rotary, or electric smelting furnace any to 4 percent carbon dioxide, during emissions to the atmosphere through gases that contain lead compounds in periods when the reverberatory furnace separate emission points, then the total excess of 2.0 milligrams of lead per dry is not operating. hydrocarbon emission rate for the blast standard cubic meter (0.00087 grains of (d) No owner or operator of a furnace process fugitive emissions shall lead per dry standard cubic foot). secondary lead smelter with only blast not be greater than 0.20 kilograms per (b) [Reserved] furnaces shall discharge or cause to be hour (0.44 pounds per hour). (c) No owner or operator of a discharged into the atmosphere from (h) The standards for process sources secondary lead smelter with a any existing blast furnace any gases that are summarized in table 2.

TABLE 2.ÐSUMMARY OF STANDARDS FOR PROCESS SOURCES

Lead com- pounds (mil- Furnace configuration ligrams per dry stand- Total hydrocarbons Citation ard cubic meter)

Collocated reverberatory/blast (when both furnaces 2.0 20 parts per million by volume 1 ...... § 63.543 (a), (c). operating). (when reverberatory furnace not operating) ...... 2.0 360 parts per million by volume 1 (existing) ...... § 63.543 (a), (c)(1). 70 parts per million by volume 1 (new) 2 ...... § 63.543 (a), (c)(2). Blast ...... 2.0 360 parts per million by volume 1 (existing) ...... § 63.543 (a), (d). 70 parts per million by volume 1 (new) 2 ...... § 63.543(e). 0.20 kilograms per hour 3 ...... § 63.543(g). Reverberatory, rotary, and electric ...... 2.0 None ...... § 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.

§ 63.544 Standards for process fugitive process fugitive emission sources listed (1) Smelting furnace and dryer sources. in paragraphs (a)(1) through (a)(6) of this charging hoppers, chutes, and skip (a) Each owner or operator of a section by complying with either hoists; secondary lead smelter shall control the paragraph (b) or (c) of this section. Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32597

(2) Smelting furnace lead taps and (1) All process fugitive enclosure through (b)(3) of this section shall be molds; hoods except those specified for refining located in a total enclosure that is (3) Smelting furnace slag taps and kettles and dryer transition pieces shall ventilated to achieve an air velocity into molds; be ventilated to maintain a face velocity the enclosure at all doorway openings of (4) Refining kettles; of at least 90 meters per minute (300 feet not less than 75 meters per minute (250 (5) Dryer transition pieces; and per minute) at all hood openings. feet per minute). This enclosure shall be (6) Agglomerating furnace product (2) Process fugitive enclosure hoods ventilated to a control device that shall taps. required for refining kettles in not discharge to the atmosphere any (b) All process fugitive emission paragraph (a) of this section shall be gases that contain lead compounds in sources listed in paragraphs (a)(1) ventilated to maintain a face velocity of excess of 2.0 milligrams of lead per dry through (a)(6) of this section shall be at least 75 meters per minute (250 feet standard cubic meter (0.00087 grains controlled by an enclosure hood per minute). per dry standard cubic foot). meeting the requirements of paragraphs (3) Process fugitive enclosure hoods (d) All dryer emission vents and (b)(1), (b)(2), or (b)(3) of this section required over dryer transition pieces in agglomerating furnace emission vents except those meeting the requirements paragraph (a) of this section shall be shall be ventilated to a control device of paragraph (c) of this section. All ventilated to maintain a face velocity of that shall not discharge to the enclosure hoods shall be ventilated to a at least 110 meters per minute (350 feet atmosphere any gases that contain lead control device that shall not discharge per minute). compounds in excess of 2.0 milligrams to the atmosphere any gases that contain (c) All process fugitive emission of lead per dry standard cubic meter lead compounds in excess of 2.0 sources listed in paragraphs (a)(1) (0.00087 grains per dry standard cubic milligrams of lead per dry standard through (a)(6) of this section except foot). cubic meter (0.00087 grains of lead per those controlled by hoods meeting the (e) The standards for process fugitive dry standard cubic foot). requirements of paragraphs (b)(1) sources are summarized in table 3.

TABLE 3.ÐSUMMARY OF STANDARDS FOR PROCESS FUGITIVE SOURCES

Control de- vice lead compound Enclosed emission hood or Fugitive emission source limit (milli- doorway Citation grams per face velocity dry stand- (meters/ ard cubic minute) meter)

Control Option I: Smelting furnace and dryer charging hoppers, chutes, and skip hoists ...... 2.0 1 90 § 63.544(b) Smelting furnace lead taps and molds ...... 2.0 1 90 § 63.544(b) Smelting furnace slag taps and molds ...... 2.0 1 90 § 63.544(b) Refining kettles ...... 2.0 1 75 § 63.544(b) Dryer transition pieces ...... 2.0 1 110 § 63.544(b) Agglomerating furnace process vents and product taps ...... 2.0 1 90 § 63.544(b) Control Option II: Enclosed building ventilated to a control device ...... 2.0 2 75 § 63.544(c) Applicable to Both Control Options: Dryer and agglomerating furnace emission vents ...... 2.0 ...... § 63.544(d) 1 Enclosure hood face velocity applicable to those process fugitive sources not located in an enclosed building ventilated to a control device. 2 Building doorway air velocity measured at all doorways that are normally open during operations.

§ 63.545 Standards for fugitive dust Administrator or delegated authority for to prevent the formation of dust, and sources. review and approval. pavement cleaning twice per day; or (a) Each owner or operator of a (c) The controls specified in the total enclosure of the battery breaking secondary lead smelter shall prepare standard operating procedures manual area in a structure meeting the and at all times operate according to a shall at a minimum include the requirements of 40 CFR 265.1101(a) and standard operating procedures manual requirements of paragraphs (c)(1) (c) and ventilation of the enclosure to a that describes in detail the measures through (c)(5) of this section. control device. that will be put in place to control (1) Plant roadways—paving of all (3) Furnace area—partial enclosure fugitive dust emission sources within areas subject to vehicle traffic and and pavement cleaning twice per day; or the areas of the secondary lead smelter pavement cleaning twice per day of listed in paragraphs (a)(1) through (a)(5) total enclosure in a structure meeting those areas, except on days when the requirements of 40 CFR 265.1101(a) of this section. natural precipitation makes cleaning and (c) and ventilation of the enclosure (1) Plant roadways; unnecessary or when sand or a similar to a control device. (2) Battery breaking area; material has been spread on plant (3) Furnace area; roadways to provide traction on ice or (4) Refining and casting area—partial (4) Refining and casting area; and snow. enclosure and pavement cleaning twice (5) Materials storage and handling (2) Battery breaking area—partial per day; or total enclosure in a structure area. enclosure of storage piles, wet meeting the requirements of 40 CFR (b) The standard operating procedures suppression applied to storage piles 265.1101(a) and (c) and ventilation of manual shall be submitted to the with sufficient frequency and quantity the enclosure to a control device. 32598 Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations

(5) Materials storage and handling and the average of the three runs shall (2) If the measured percent carbon area—partial enclosure of storage piles, be used to determine compliance. dioxide is equal to or less than 0.4 wet suppression applied to storage piles (b) The following test methods in percent, then a correction factor (F) of with sufficient frequency and quantity appendix A of part 60 listed in 10 shall be used. to prevent the formation of dust, vehicle paragraphs (b)(1) through (b)(5) of this (3) The corrected total hydrocarbon wash at each exit from the area, and section shall be used, as specified, to concentration shall be determined by paving of the area; or total enclosure of determine compliance with the multiplying the measured total the area in a structure meeting the emission standards for total hydrocarbon concentration by the requirements of 40 CFR 265.1101(a) and hydrocarbons under § 63.543(c), (d), (e), correction factor (F) determined for each (c) and ventilation of the enclosure to a and (g): compliance test. control device and a vehicle wash at (1) Method 1 shall be used to select (d) Compliance with the face velocity each exit. the sampling port location to determine requirements under § 63.544(b) and (c) (d) The standard operating procedures compliance under § 63.543(c), (d), (e), for process fugitive enclosure hoods manual shall require that daily records and (g). shall be determined by the following be maintained of all wet suppression, (2) Method 2 shall be used to measure test methods in paragraph (d)(1) or pavement cleaning, and vehicle washing volumetric flow rate to determine (d)(2) of this section. activities performed to control fugitive compliance under § 63.543(g). (1) Owners and operators shall dust emissions. (3) The Single Point Integrated calculate face velocity using the (e) No owner or operator of a Sampling and Analytical Procedure of procedures in paragraphs (d)(1)(i) secondary lead smelter shall discharge Method 3B shall be used to measure the through (d)(1)(iv) of this section. or cause to be discharged into the carbon dioxide content of the stack (i) Method 1 shall be used to select atmosphere from any building or gases to determine compliance under the sampling port location in the duct enclosure ventilation system any gases § 63.543(c), (d), and (e). leading from the process fugitive that contain lead compounds in excess (4) Method 4 shall be used to measure enclosure hood to the control device. (ii) Method 2 shall be used to measure of 2.0 milligrams of lead per dry moisture content of the stack gases to the volumetric flow rate in the duct standard cubic meter (0.00087 grains of determine compliance under from the process fugitive enclosure lead per dry standard cubic foot). § 63.543(c), (d), (e), and (g). hood to the control device. (5) Method 25A shall be used to § 63.546 Compliance dates. (iii) The face area of the hood shall be measure total hydrocarbon emissions to (a) Each owner or operator of an determined from measurement of the determine compliance under existing secondary lead smelter shall hood. If the hood has access doors, then § 63.543(c), (d), (e), and (g). The achieve compliance with the face area shall be determined with the minimum sampling time shall be 1 hour requirements of this subpart no later access doors in the fully open position. for each run. A minimum of three runs than June 23, 1997. (iv) Face velocity shall be determined shall be performed. A 1-hour average (b) Each owner or operator of a by dividing the volumetric flow rate total hydrocarbon concentration shall be secondary lead smelter that commences determined in paragraph (d)(1)(ii) of this determined for each run and the average construction or reconstruction after June section by the total face area for the of the three 1-hour averages shall be 9, 1994, shall achieve compliance with hood determined in paragraph (d)(1)(iii) used to determine compliance. The total the requirements of this subpart by June of this section. hydrocarbon emissions concentrations 23, 1995 or upon startup of operations, (2) The face velocity shall be for determining compliance under whichever is later. measured directly using the procedures § 63.543(c), (d), and (e) shall be in paragraphs (d)(2)(i) through (d)(2)(vi) § 63.547 Test methods. expressed as propane and shall be of this section. (a) The following test methods in corrected to 4 percent carbon dioxide, as (i) A propeller anemometer or appendix A of part 60 of this chapter in described in paragraph (c) of this equivalent device shall be used to paragraphs (a)(1) through (a)(5) of this section. measure hood face velocity. section shall be used to determine (c) For the purposes of determining (ii) The propeller of the anemometer compliance with the emission standards compliance with the emission limits shall be made of a material of uniform for lead compounds under §§ 63.543(a), under § 63.543(c), (d), and (e), the density and shall be properly balanced 63.544(b), (c), and (d), and 63.545(e): measured total hydrocarbon to optimize performance. (1) Method 1 shall be used to select concentrations shall be corrected to 4 (iii) When the anemometer is the sampling port location and the percent carbon dioxide as listed in mounted with the propeller shaft in a number of traverse points. paragraphs (c)(1) through (c)(2) of this horizontal position, the threshold (2) Method 2 shall be used to measure section in the following manner: velocity of the anemometer shall not volumetric flow rate. (1) If the measured percent carbon exceed 15 meters per minute (50 feet per (3) Method 3 shall be used for gas dioxide is greater than 0.4 percent in minute) as determined by a procedure analysis to determine the dry molecular each compliance test, the correction equivalent to that in Method 14 of weight of the stack gas. factor shall be determined by using the appendix A of part 60. (4) Method 4 shall be used to following equation: (iv) The measurement range of the determine moisture content of the stack anemometer shall extend to at least 300 4.0 gas. F = meters per minute (1,000 feet per (5) Method 12 shall be used to CO minute). determine compliance with the lead 2 (v) A known relationship shall exist compound emission standards. The where: between the anemometer signal output minimum sample volume shall be 0.85 F=correction factor (no units) and air velocity, and the anemometer dry standard cubic meters (30 dry CO2=percent carbon dioxide measured must be equipped with a suitable standard cubic feet) and the minimum using Method 3B, where the readout system. sampling time shall be 60 minutes for measured carbon dioxide is greater (vi) Hood face velocity shall be each run. Three runs shall be performed than 0.4 percent. determined for each hood during Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32599 normal operation with all access doors (8) Weekly check of bag tension on points, or alarm delay time after the in the open position and by placing the reverse air and shaker type baghouses. initial lead compliance test unless a test anemometer in the plane of the hood (9) Monthly visual inspection of is performed to demonstrate compliance opening. baghouse interior for air leaks. with the applicable lead emission (e) Owners and operators shall (10) Monthly inspection of bags and standard after the adjustments are made. measure doorway air velocity to bag connections. (f) The standard operating procedures determine compliance with the doorway (11) Monthly inspection of fans for manual required by paragraph (a) of this velocity requirement for enclosed wear, material buildup, and corrosion. section shall include a corrective action buildings in § 63.544(c) using the (12) Continuous operation of a bag plan that specifies the procedures to be procedures in paragraphs (e)(1) and leak detection system. followed in the case of a bag leak (e)(2) of this section. (d) The procedures specified in the detection system alarm. The corrective (1) Owners and operators shall use a standard operating procedures manual action plan shall include, at a propeller anemometer or equivalent for maintenance shall, at a minimum, minimum, the procedures used to device meeting the requirements of include a preventative maintenance determine and record the time and paragraphs (d)(2)(ii) through (d)(2)(v) of schedule that is consistent with the cause of the alarm as well as the this section. baghouse manufacturer’s instructions corrective actions taken to correct the (2) Doorway air velocity into the for routine and long-term maintenance. control device malfunction or minimize (e) The bag leak detection system building shall be determined for each emissions as specified in paragraphs required by paragraph (c)(12) of this doorway in the open position during (f)(1) and (f)(2) of this section. section, shall meet the specifications normal operation by placing the (1) The procedures used to determine and requirements of paragraphs (e)(1) anemometer in the plane of the doorway the cause of the alarm must be initiated opening. through (e)(5) of this section. (1) The bag leak detection system within 30 minutes of the alarm. § 63.548 Monitoring requirements. must be capable of detecting particulate (2) The cause of the alarm must be (a) Owners and operators of secondary matter emissions at concentrations of alleviated by taking the necessary lead smelters shall prepare, and at all 1.0 milligram per actual cubic meter corrective action(s) which may include, times operate according to, a standard (0.00044 grains per actual cubic foot) or but not be limited to, paragraphs (f)(1)(i) operating procedures manual that less. through (f)(2)(vi) of this section. describes in detail procedures for (2) The bag leak detection system (i) Inspecting the baghouse for air inspection, maintenance, and bag leak sensor must provide output of relative leaks, torn or broken filter elements, or detection and corrective action plans for or absolute particulate matter emissions. any other malfunction that may cause all baghouses (fabric filters) that are (3) The bag leak detection system an increase in emissions. used to control process, process fugitive, must be equipped with an alarm system (ii) Sealing off defective bags or filter or fugitive dust emissions from any that will alarm when an increase in media. source subject to the lead emission particulate emissions is detected. (iii) Replacing defective bags or filter standards in §§ 63.543, 63.544, and (4) For negative pressure or induced media, or otherwise repairing the 63.545, including those used to control air baghouses, the bag leak detector control device. emissions from building ventilation. must be installed downstream of the (iv) Sealing off a defective baghouse This provision shall not apply to baghouse and upstream of any wet acid compartment. process fugitive sources that are gas scrubber. For positive pressure (v) Cleaning the bag leak detection controlled by wet scrubbers. baghouses, a bag leak detector must be system probe, or otherwise repairing the (b) The standard operating procedures installed in each baghouse compartment bag leak detection system. manual for baghouses required by or cell. Where multiple detectors are (vi) Shutting down the process paragraph (a) of this section shall be required, the system’s instrumentation producing the particulate emissions. submitted to the Administrator or and alarm may be shared among (g) The owner or operator of a delegated authority for review and detectors. secondary lead smelter that uses a wet approval. (5) The bag leak detection system scrubber to control particulate matter (c) The procedures specified in the shall be installed and operated in a and metal hazardous air pollutant standard operating procedures manual manner consistent with available emissions from a process fugitive source for inspections and routine maintenance guidance from the U.S. Environmental shall monitor and record the pressure shall, at a minimum, include the Protection Agency or, in the absence of drop and water flow rate of the wet requirements of paragraphs (c)(1) such guidance, the manufacturer’s scrubber during the initial test to through (c)(12) of this section. written specifications and demonstrate compliance with the lead (1) Daily monitoring of pressure drop recommendations for installation, emission limit under § 63.544(d). across each baghouse cell. operation, and calibration of the system. Thereafter, the owner or operator shall (2) Daily visual observation of The calibration of the system shall, at a monitor and record the pressure drop baghouse discharge or stack. (3) Daily visual inspection to ensure minimum, consist of establishing the and water flow rate at least once every that dust is being removed from relative baseline output level by hour and shall maintain the pressure hoppers. adjusting the sensitivity and the drop and water flow rate no lower than (4) Daily check of compressed air averaging period of the device, and 30 percent below the pressure drop and supply for pulse-jet baghouses. establishing the alarm set points and the water flow rate measured during the (5) Daily visual inspection of isolation alarm delay time. The system must be initial compliance test. dampers for proper operation. fully operational at the time of the (h) The owner or operator of a blast (6) Daily monitoring of cleaning cycle initial lead compliance test required to furnace or collocated reverberatory and by observing meters or control panel demonstrate compliance with the blast furnace subject to the total instrumentation. applicable lead emission standard under hydrocarbon standards in § 63.543(c), (7) Weekly visual inspection of bag §§ 63.543, 63.544, or 63.545. The owner (d), or (e), must comply with the cleaning mechanisms for proper or operator shall not adjust the requirements of either paragraph (h)(1) functioning. sensitivity, averaging period, alarm set or (h)(2) of this section, to demonstrate 32600 Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations continuous compliance with the total of § 63.9 of subpart A, General used to demonstrate compliance with an hydrocarbon emission standards. Provisions. applicable requirement. (1) Continuous Temperature (b) The owner or operator of a (6) Any recordkeeping required as Monitoring—(i) The owner or operator secondary lead smelter shall submit the part of the practices described in the of a blast furnace or a collocated fugitive dust control standard operating standard operating procedures manual reverberatory furnace and blast furnace procedures manual required under required under § 63.545(a) for the subject to the total hydrocarbon § 63.545(a) and the standard operating control of fugitive dust emissions. emission standards in § 63.543(c), (d), or procedures manual for baghouses (7) Any recordkeeping required as (e) shall install, calibrate, maintain, and required under § 63.548(a) to the part of the practices described in the continuously operate a device to Administrator or delegated authority standard operating procedures manual monitor and record the temperature of along with a notification that the for baghouses required under the afterburner or the combined blast smelter is seeking review and approval § 63.548(a). furnace and reverberatory furnace of the these plans and procedures. (8) Records of the pressure drop and exhaust streams consistent with the Owners or operators of existing water flow rate for wet scrubbers used requirements for continuous monitoring secondary lead smelters shall submit to control metal hazardous air pollutant systems in subpart A, General this notification no later than December emissions from process fugitive sources. Provisions. 23, 1996. The owner or operator of a (b) The owner or operator of a (ii) The owner or operator of a blast secondary lead smelter that commences secondary lead smelter shall comply furnace or a collocated reverberatory construction or reconstruction after June with all of the reporting requirements furnace and blast furnace subject to the 9, 1994, shall submit this notification no under § 63.10 of the General Provisions. total hydrocarbon emission standards later than 180 days before startup of the The submittal of reports shall be no less shall monitor and record the constructed or reconstructed secondary frequent than specified under temperature of the afterburner or the lead smelter, but no sooner than June § 63.10(e)(3) of the General Provisions. combined blast furnace and 23, 1995. Once a source reports a violation of the reverberatory furnace exhaust streams standard or excess emissions, the source § 63.550 Recordkeeping and reporting shall follow the reporting format every 15 minutes during the total requirements. hydrocarbon compliance test and required under § 63.10(e)(3) until a determine an arithmetic average for the (a) Each owner or operator of a request to reduce reporting frequency is recorded temperature measurements. secondary lead smelter shall maintain approved. (iii) To remain in compliance with the for a period of 5 years, records of the (c) The reports required under standards for total hydrocarbons, the information listed in paragraphs (a)(1) paragraph (b) of this section shall owner or operator must maintain an through (a)(8) of this section. include the information specified in afterburner or combined exhaust (1) The results of initial and paragraphs (c)(1) through (c)(6) of this temperature such that the average subsequent compliance tests for lead section. temperature in any 3-hour period does compounds and total hydrocarbons. (1) The report shall include records of not fall more than 28 °C (50 °F) below (2) An identification of the date and all alarms from the bag leak detection the average established in paragraph time of all bag leak detection system system specified in § 63.548(e). (h)(1)(ii) of this section. An average alarms, their cause, and an explanation (2) The report shall include a temperature in any 3-hour period that of the corrective actions taken. description of the procedures taken falls more than 28 °C (50 °F) below the (3) If an owner or operator chooses to following each bag leak detection average established in paragraph demonstrate continuous compliance system alarm pursuant to § 63.548(f)(1) (h)(1)(ii) of this section, shall constitute with the total hydrocarbon emission and (2). a violation of the applicable emission standards under § 63.543(c), (d), or (e) (3) The report shall include the standard for total hydrocarbons under by employing the method allowed in information specified in either § 63.543(c), (d), or (e). § 63.548(h)(1), the records shall include paragraph (c)(3)(i) or (c)(3)(ii) of this (2) Continuous Monitoring of Total the output from the continuous section, consistent with the monitoring Hydrocarbon Emissions— temperature monitor, an identification option selected under § 63.548(h). (i) The owner or operator of a of periods when the 3-hour average (i) A record of the temperature secondary lead smelter shall install, temperature fell below the minimum monitor output, in 3-hour block operate, and maintain a total established under § 63.548(h)(1), and an averages, for those periods when the hydrocarbon continuous monitoring explanation of the corrective actions temperature monitored pursuant to system and comply with all of the taken. § 63.548(h)(1) fell below the level requirements for continuous monitoring (4) If an owner or operator chooses to established in § 63.548(h)(1). systems found in subpart A, General demonstrate continuous compliance (ii) A record of the total hydrocarbon Provisions. with the total hydrocarbon emission concentration, in 3-hour block averages, (ii) Allowing the 3-hour average total standard under § 63.543(c), (d), or (e) by for those periods when the total hydrocarbon concentration to exceed employing the method allowed in hydrocarbon concentration being the applicable total hydrocarbon § 63.548(h)(2), the records shall include monitored pursuant to § 63.548(h)(2) emission limit under § 63.543 shall the output from the total hydrocarbon exceeds the relevant limits established constitute a violation of the applicable continuous monitoring system, an in § 63.543(c), (d), and (e). emission standard for total identification of the periods when the 3- (4) The reports required under hydrocarbons under § 63.543(c), (d), or hour average total hydrocarbon paragraph (b) of this section shall (e). concentration exceeded the applicable contain a summary of the records standard and an explanation of the maintained as part of the practices § 63.549 Notification requirements. corrective actions taken. described in the standard operating (a) The owner or operator of a (5) Records of maintenance, procedures manual for baghouses secondary lead smelter shall comply calibration, or other procedures required required under § 63.548(a) including an with all of the notification requirements by this rule for any monitoring system explanation of the periods when the Federal Register / Vol. 60, No. 121 / Friday, June 23, 1995 / Rules and Regulations 32601 procedures were not followed and the Information Center, 401 M Street, SW, particular change rather than the fixed corrective actions taken. Washington, DC 20460. date of January 1, 1978. (5) The reports required under FOR FURTHER INFORMATION CONTACT: This revision, although not required paragraph (b) of this section shall Christopher D. Hess at (913) 551–7213. as a result of the 1990 Amendments to contain an identification of the periods SUPPLEMENTARY INFORMATION: The state the Act, is consistent with the EPA’s when the pressure drop and water flow of Iowa operates a Federally approved requirements at 40 CFR 51.165(a)(1)(vi) rate of wet scrubbers used to control SIP that implements various relating to calculation of net emissions process fugitive sources dropped below requirements of the Clean Air Act (Act) increases for permitting applicability the levels established in § 63.548(g) and and the Code of Federal Regulations purposes. an explanation of the corrective actions (CFR). Since the initial approval of its 3. In subrule 22.5(1)’’m,’’ the state has taken. SIP in 1972, numerous revisions and expanded its definition of ‘‘enforceable (6) The reports required under updates have been made in response to permit condition’’ to include paragraph (b) of this section shall Federal requirements. requirements of Title V operating contain a summary of the fugitive dust In accordance with 40 CFR 51.103, permits. This recognizes that limitations control measures performed during the the state of Iowa has requested approval in those operating permits will qualify required reporting period, including an of two SIP revisions under the authority as federally enforceable restrictions explanation of the periods when the and signature of the Governor’s which can be utilized in determining procedures outlined in the standard designee, Larry J. Wilson, Director, Iowa source applicability in the state’s operating procedures manual pursuant Department of Natural Resources permitting programs. to § 63.545(a) were not followed and the (IDNR). Requests were received by the 4. In subrule 22.5(2), the state updates corrective actions taken. The reports EPA on October 18, 1994, and January its emission offset applicability shall not contain copies of the daily 26, 1995. Both of these submittals were provisions to conform with the records required to demonstrate deemed complete in accordance with requirements of the 1990 Amendments. compliance with the requirements of the the criteria specified in 40 CFR part 51, In particular: a. The reference to 40 CFR 81.316 is standard operating procedures manuals appendix V. The state has provided updated to include amendments required under §§ 63.545(a) and evidence of the lawful adoption of through March 10, 1994, pertaining to 63.548(a). regulations, public notice, and public particulate matter nonattainment areas. [FR Doc. 95–14908 Filed 6–22–95; 8:45 am] hearing requirements for each submittal. b. In this same subrule, the state BILLING CODE 6560±50±P Rule Revisions deletes the provision that previously allowed the director to relieve an A. Special Requirements for applicant from the obligation of Nonattainment Areas 40 CFR Part 52 continuing to implement offset The state of Iowa currently has one requirements of a nonattainment [IA±15±1±6829a; FRL±5210±5] nonattainment area, in Muscatine for construction permit if an area is SO2. In response to the requirements of subsequently redesignated attainment or Approval and Promulgation of the Act, as amended in 1990, the state unclassified. This measure is necessary Implementation Plans; State of Iowa has adopted the following rules. to help ensure maintenance of the air 1. In IAC 567–22.5 (1), the state AGENCY: Environmental Protection quality standards after an area is amends its definition of ‘‘major Agency (EPA). redesignated to attainment. stationary source’’ to conform to the c. The state deletes the reference to ACTION: Direct final rule. requirements of Part D of the Act. The secondary standard particulate matter Act provides, in general, that a source SUMMARY: This final action approves the nonattainment areas. This reflects the State Implementation Plan (SIP) which emits, or has the potential to fact that the current particulate matter revision submitted by the state of Iowa. emit, 100 tons per year or more of a standards are the same for the primary The revision includes special regulated pollutant is a major source. and secondary standards. requirements for nonattainment areas, Part D provides lower cutoff levels for d. The state adds a requirement for compliance and enforcement some nonattainment areas, depending offsets in (SO2) information, and adoption of EPA on the classification of the area. nonattainment areas in subrule 22.5(2)b. Specifically, in response to the definitions. These revisions strengthen As discussed in more detail below, EPA following cited sections of the Act, the the SIP with respect to attainment and has determined that this addition state has added the major source maintenance of established air quality strengthens the SIP and is therefore emissions thresholds for the following standards. approvable. pollutants: precursors (section e. The state also deletes subrule DATES: This action will be effective 182), ozone precursors in ozone 22.5(2)c which previously provided a August 22, 1995 unless by July 24, 1995 transport regions (section 184), carbon ‘‘loophole’’ for sources in secondary adverse or critical comments are monoxide (section 186), and PM10 particulate matter nonattainment areas received. (section 188). to claim that offsets were not reasonably ADDRESSES: Comments may be mailed to 2. In subrule 22.5(1)’’f’’(2), the state available. This action strengthens the Christopher D. Hess, Environmental also amends the definition of ‘‘net SIP by requiring sources to achieve Protection Agency, Air Branch, 726 emissions increase’’ as it relates to major offsets that conform with the Act. Minnesota Avenue, Kansas City, Kansas sources for nonattainment areas. f. Due to the new 22.5(2)b and 66101. Copies of the documents relevant Previously, a net emissions increase was deletion of 22.5(2)c, the former 22.5(2) to this action are available for public considered contemporaneous with the d, e, and f become 22.5(2) c, d, and e. inspection during normal business particular change if it occurred between 5. Rule 22.5(3) previously allowed a hours at the: Environmental Protection January 1, 1978, and the date that the source in a secondary particulate matter Agency, Air Branch, 726 Minnesota increase from the particular change nonattainment area to submit proposals Avenue, Kansas City, Kansas 66101; and occurred. The state now uses a date five for emission offsets or a demonstration EPA Air & Radiation Docket and years before construction of the that offsets were not reasonably