the definition of ``maintenance activity.'' If this definition was
adopted, the facility would be allowed to proceed with a maintenance
activity and then, if the activity began generating dust, controls
would need to be adopted but otherwise-controllable lead emissions
would be released to ambient air. However, we have modified the
definition to read ``any of the following routine maintenance and
repair activities that could generate fugitive lead dust.'' This
definition ensures that proactive, rather than reactive, actions would
be taken for activities with the potential to generate lead dust.
    Comment: One commenter stated that a definition of lead-bearing
material should be added and should include such characteristics as the
material should be semi-granular, have a lead content of greater than
10 percent, and produce visible fugitive emissions when handled or
transported.
    Response: As noted above, we have added a definition of lead-
bearing material to the regulatory text. However, we believe that a 10
percent lead content is too high. We have defined lead-bearing material
in the rule as material with lead content of 5 mg/l or greater as
measured by the TCLP (Method 1311), which means that materials would
need to contain at least 100 ppm of lead. This is equivalent to the
toxicity characteristic level for a hazardous waste containing lead as
defined at 40 CFR 261.24.
    Comment: One commenter noted that 40 CFR 63.544(d) of the proposed
rule makes reference to the requirements in subsections (d)(1) through
(d)(4). However, as the commenter points out, there are eight
subsections applicable to 40 CFR 63.544(d) and subsection (d)(2)
further refers to meeting requirements through (d)(8).
    Response: The EPA agrees with the commenter and has made the
suggested change in the regulatory text at 40 CFR 63.544(d).
    Comment: One commenter noted that proposed 40 CFR 63.543(i)
requires that sources conduct testing for process vents, ``* * * under
such conditions as the administrator specifies based on representative
performance of the affected source for the period being tested.'' The
commenter requested that the EPA replace this ``cumbersome'' language
with ``* * * under normal operating conditions.''
    Response: We have modified the text to require sources to conduct
testing ``under maximum representative operating conditions for the
process.'' The term maximum is included to ensure that the testing
occurs during a time period of full production at the facility that is
representative of normal operation. This language allows sources to
develop test conditions which approximate the variability they can
reasonably encounter during normal operation. Parametric monitoring
requirements, based on parameters measured during the performance test,
would then reasonably reflect this operating variability and afford the
source flexibility in its day-to-day operation. Cf. Cement Kiln
Recycling Coalition v. EPA, 255 F.855, 866-67 (DC Cir. 2001) (upholding
use of such data to set MACT standards under CAA section 112(d)(3)).
    Comment: One commenter noted that Table 3 of the proposed rule is
improperly labeled, ``table 3 to Subpart X of Part 60--Toxic
Equivalency Factors.'' As the commenter points out, the table is
included in 40 CFR part 63, not 40 CFR part 60.
    Response: The EPA agrees with the commenter and has made the
suggested change to Table 3 of the proposed rule.
    Comment: Two commenters pointed out that there is a typographical
error in Equation 2 of the proposed rule at 40 CFR 63.543(c). The
definition of the term CELI includes the word lead, though
the equation is not applicable to lead.
    Response: The EPA agrees with the commenter and has adjusted the
definition of the term CELI in Equation 2 of 40 CFR
63.543(c) accordingly.

G. Emission Testing Methods and Frequency

    Comment: Two commenters stated their support for biannual testing
for well performing facilities. One commenter contends that the East
Penn facility currently conducts biannual testing for lead and still
maintains compliance with the lead NAAQS and applicable subpart X
emission standards. The commenter further argued that the EPA has not
demonstrated any environmental benefits associated with annual testing
versus biannual testing for well controlled facilities. The commenter
contends that the East Penn facility has made strategic decisions to
invest capital resources to reduce lead emissions and that the removal
of the biannual testing exemption would unnecessarily increase the
annual operating costs of the facility.
    Response: We agree with the commenter that a biannual testing
exemption for well performing facilities can be retained in this
NESHAP. We have added an exemption for any stacks that report a lead
concentration of 0.1 mg/dscm or lower allowing biannual testing. The
concept of decreased testing frequency for well-performing sources was
discussed in the proposal as a part of the fenceline monitoring
approach (see 76 FR at 29057).
    Comment: Two commenters disagreed with the annual testing
requirement for total hydrocarbons (THC). One commenter stated that
since the risk assessment did not identify significant risks drivers
among the organic HAP represented by THC, the THC testing should be
conducted concurrently with the dioxin and furan tests every 5 years
with continuous compliance demonstrated via afterburner temperature
monitoring. Another commenter stated that requiring annual THC tests is
redundant and unnecessary if a CEMS is installed and operated per 40
CFR 63.543(k).
    Response: We disagree with the commenter that THC testing should be
conducted on the same schedule as dioxins and furans. Testing for THC
is substantially less expensive than testing for dioxins and furans and
we do not believe annual THC testing presents an unnecessary burden.
However, we have added an exemption allowing biannual testing of THC
for any stack that reports concentrations that are less than half of
the applicable emissions limit. Annual stack testing is obviously not
required if a THC CEMS is used.
    Comment: Three commenters stated that the EPA should allow
facilities to use EPA Method 12 for lead compounds to calculate
compliance with the process vent limitations in order to be consistent
with testing requirements that exist in many facility permits.
    Response: We agree that facilities should be given the option of
using EPA

Method 12. The regulatory text has been edited accordingly.
    Comment: Three commenters stated that the BLDS exemption for
baghouses equipped with HEPA filters should be retained. One commenter
stated that to install BLDS's on HEPA filtered stacks is excessive and
unwarranted. The commenter also believes that annual stack testing for
sources equipped with HEPA filtration is not necessary. Another
commenter argued that the cost associated with using BLDS is not
commensurate with their limited ability. The commenter stated that
BLDS's are inherently reactive whereas baghouses equipped with HEPA
filtration actually prevent emissions in the event of a bag failure.
Further, the commenter argued that HEPA secondary collection pressure
differential is an effective method to monitor baghouse performance.
The commenter contends that the BLDS requirement will pose an
unnecessary and redundant burden on facilities that proactively chose
to install HEPA filtration systems and that the proposed revisions are
a disincentive for facilities to install HEPA filters. Finally, the
commenter stated that the proposed BLDS requirement and the elimination
of the BLDS exemption for HEPA filters are arbitrary and not supported
by test data.
    Response: We agree with the commenters that baghouses equipped with
HEPA filters do not need bag leak detection systems as well. The
measurement of pressure drop across a HEPA filter provides the indicia
of superior performance for determining continuous compliance. However,
we disagree that sources should be exempt from annual stack testing
based solely on the use of a HEPA filter. The emission standard
includes calculation of a facility-wide emission average and testing
the process vents subject to that limit is needed to determine
compliance. Monitoring pressure drop across HEPA filters is a means for
determining continuous compliance, similar to a bag leak detection
system in baghouses without HEPA filters. In both cases, periodic stack
tests are necessary to ensure that lead emissions are below the
applicable emission standard. However, we note that we have included a
biannual testing exemption for stacks that report lead concentrations
less than 0.1 mg/dscm.

H. Startup, Shutdown, and Malfunction

    Comment: One commenter expressed concerns related to the total
hydrocarbon (THC) standard during start-up periods. According to the
commenter, it will be impossible to meet the minimum temperature at
which compliance with the THC standard has been demonstrated during
startup of a furnace. The blast furnace crucible must be heated for up
to 12 hours before raw materials can be charged. The reverberatory
furnace cold startups occur over an extended period also. There is no
introduction of feedstock during the warm-up process and, therefore, no
emissions of process-related THC emissions. Emissions during this time
period will consist entirely of combustion products associated with the
fuels natural gas and foundry coke. The afterburner or post combustion
system are equipped with rudimentary burners that provide supplementary
heat but rely on the excess heat contained within the combined furnace
exhaust gases during production operations to achieve an afterburner
temperature that assures the efficient combustion of the process off-
gases. The afterburner supplementary burners are not sufficient to
maintain the required temperature during furnace startup and shutdown
sequences. The proposed revisions to subpart X should include
definitions of startup and shutdown for collocated blast and
reverberatory furnaces that clearly define when alternative THC
standards would apply and how compliance with an alternative standard
is monitored.
    Response: The EPA has revised this final rule to require sources to
meet a work practice standard that requires the development of standard
operating procedures designed to minimize emissions of THC for each
start-up and shutdown scenario anticipated for all units subject to THC
emission limits. We considered whether temperature (the metric used to
determine continuous compliance for the THC standard in this rule) or
performance testing and enforcement of numeric emission limits would be
practicable during periods of startup and shutdown. The EPA determined
that there are a number of significant technical challenges associated
with emissions measurements of THC emissions during periods of startup
and shutdown for this industry. These challenges make establishing and
complying with numerical emissions limits impracticable.
    There are multiple factors informing this decision. Temperature is
obviously an inappropriate measure to determine continuous compliances
for these furnaces during periods of startup and shutdown when the
furnaces are being heated during startup (or cooled during shutdown)
from ambient to the steady state operating temperature. The furnaces
are heated during periods of startup through slow feeding of natural
gas and small amounts of coke with no lead acid batteries fed to the
furnace. It is impossible for furnace exhaust to be maintained within
the window prescribed by 40 CFR 63.548(h)(4) during periods of startup
and shutdown. However, the inability to maintain this temperature in
secondary lead smelter furnace exhaust does not indicate high emissions
of THC during these periods. In fact, the emissions are likely minimal
because there are no plastics being fed to the furnace and minimal fuel
use (mostly natural gas). Temperature is thus not the appropriate
measure of continuous compliance during these periods and we are
unaware of another metric that can be used to determine continuous
compliance with a numerical standard for these furnaces during startup
and shutdown. In terms of staff scheduling, test crews would have to be
on-site and ready to begin THC testing at the beginning of a period of
startup or shutdown, have multiple test crews on site for startup or
shutdown periods lasting longer than 12 hours, and be prepared to stop
and restart measurements to coincide with process trips that can occur
during startup and shutdown of secondary lead smelting furnaces. Since
startups and shutdowns of these furnaces are not necessarily scheduled
long in advance, scheduling such testing to coincide with the beginning
of startup or shutdown periods would require having testing crews on-
site nearly full time. These staff resource issues would dramatically
increase the cost of testing during startup and shutdown periods.
    For these technical and economic reasons, we have determined that
conducting manual test methods during these secondary lead furnace
startup or shutdown periods for THC to be impracticable within the
meaning of CAA section 112(h)(2)(B). As a result, we have established a
separate work practice standard for emissions of THC during periods of
startup and shutdown. This work practice standard requires the
development of standard operating procedures designed to minimize
emissions of THC for each start-up and shutdown scenario anticipated
for all units subject to THC limits.
    This startup and shutdown work practice applies only to the THC
emission limits. We have no reason to provide startup or shutdown
provisions for emissions of lead from any source because the fabric
filters used to control particulate and lead emissions are not less
effective during startup or shutdown periods (nor would we expect
sources to have any difficulty meeting the lead standard since lead-
bearing feed is not charged during either startup

or shutdown conditions). Additionally, the metrics for determining
continuous compliance with these standards are appropriate for periods
of startup and shutdown. Therefore, we have established the separate
work practice standard only for THC for periods of startup and
shutdown.
    During these periods, we do not believe dioxins and furans can form
because there are no chlorinated plastics or flame-retardants being fed
as these materials are only introduced as impurities with the lead feed
material. Therefore, we have not included a standard for dioxins and
furans during periods of startup and shutdown because these pollutants
are not emitted.
    Periods of startup, normal operations, and shutdown are all
predictable and routine aspects of a source's operations. However, by
contrast, malfunction is defined as a ``sudden, infrequent, and not
reasonably preventable failure of air pollution control and monitoring
equipment, process equipment or a process to operate in a normal or
usual manner * * *'' (40 CFR 63.2). The EPA has determined that
malfunctions should not be viewed as a distinct operating mode and,
therefore, any emissions that occur at such times do not need to be
factored into development of CAA section 112(d) standards, which, once
promulgated, apply at all times.

VI. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected facilities?

    We anticipate that the 15 secondary lead smelting facilities
currently or recently operating in the continental United States and
Puerto Rico as well as one facility currently under construction in
South Carolina will be affected by this final rule.

B. What are the air quality impacts?

    The EPA estimated the emissions reductions that are expected to
result from these final amendments to the 1997 NESHAP compared to the
2009 baseline emissions estimates calculated based on ICR data. The ICR
data and RTR emissions memo are available in the docket to this action.
A detailed documentation of the analysis can be found in the document
in the docket titled: Cost Impacts of the Revised NESHAP for the
Secondary Lead Smelting Source Category.
    Emissions of lead and arsenic from secondary lead smelters have
declined over the last 15 years as a result of federal rules, state
rules and on the industry's own initiative. The final rule will cut
lead and arsenic emissions by an estimated 68 percent from current
actual emission levels based on the ICR data collected for this
rulemaking. The final rule will result in estimated annual lead
emissions reductions of 7.2 tpy from process and process fugitive
sources and annual lead emissions reductions of 6.4 tpy from fugitive
dust sources from 2009 baseline emissions (for a total annual reduction
of 13.6 tons per year). The expected annual reduction in total metal
HAP \8\ is 8.2 tpy from process and process fugitive sources and the
expected annual reduction is 7.2 tpy from fugitive dust sources (total
annual metal HAP reductions are estimated at 15.4 tons). We estimate
that these controls will also reduce emissions of particulate matter
(PM) (combined total of fine and coarse PM) by 135 tpy.
---------------------------------------------------------------------------

    \8\ Total metal HAP consists of antimony, arsenic, beryllium,
cadmium, chromium, lead, manganese, nickel and selenium.
---------------------------------------------------------------------------

    Based on the emissions data available to the EPA, we believe that
all facilities will be able to comply with the final emissions limits
for THC and D/F without additional controls. However, we expect that
emissions reductions will occur due to increased temperatures of
afterburners and from improved work practices. Nevertheless, it is
difficult to estimate accurate reductions from these actions and,
therefore, we are not providing quantified estimates of reductions for
THC and D/F.

C. What are the cost impacts?

    As a result of this final rule, certain secondary lead smelting
facilities are expected to incur capital costs for the following types
of control measures: replacement of existing baghouses with new,
higher-performing baghouses, replacement of bags in existing baghouses
with better-performing materials, construction of new enclosures for
processes not currently enclosed, modification of partially enclosed
structures to meet the requirements of total enclosure, and
installation of fabric filters on enclosures.
    The capital costs for each facility were estimated based on the
number and types of upgrades we estimate that facility will require.
Each facility was evaluated for its ability to meet the final limits
for lead emissions, THC emissions, D/F emissions, and fugitive dust
emissions. The memorandum titled: Cost Impacts of the Revised NESHAP
for the Secondary Lead Smelting Source Category includes a complete
description of the cost estimate methods used for this analysis and is
available in the docket.
    The majority of the capital costs estimated for compliance with
this action are for purchasing new enclosures and the associated
control devices that would be required for these enclosures. For each
facility, we estimated the square footage of new enclosures required
based on the size of enclosures currently in place compared to
facilities that we considered to be totally enclosed with a similar
production capacity. We further assumed that the facilities that
required a substantial degree of new enclosure would re-configure their
facilities, particularly the storage areas, to reduce the footprint of
areas subject to total enclosure requirements.
    Based on our analysis of the facility configurations, seven
facilities were considered already to be totally enclosed. Two
facilities are currently installing enclosure structures and equipment
that we anticipate will meet the requirements. Consequently, the
capital costs do not include estimates for these nine facilities. We
estimate that the remaining six facilities will require new building
installations, thereby incurring capital costs. For the one facility
currently under construction, we estimated one additional baghouse
would be required.
    Typical enclosure costs were estimated using information and
algorithms from the Permanent Total Enclosures chapter in the EPA Air
Pollution Control Cost Manual. New baghouse costs were estimated using
a model based primarily on the cost information for recent baghouse
installations submitted by facilities in the ICR survey. The total
capital cost estimate for the enclosures, the ductwork system, and
control devices at the seven facilities is approximately $38 million,
at an annualized cost of $6.4 million in 2009 dollars (an average of
about $1 million per facility).
    We also estimated annual costs for the required work practices in
this action. Based on the ICR survey information, we estimated that
additional costs would be required to implement the work practices at
12 of the 16 facilities. The total annual costs to implement the
fugitive emissions work practices are approximately $3 million per
year.
    For compliance with the stack lead concentration limit, we compared
each stack emission point's lead concentration (reported to the EPA
under the ICR) to the requirement of 1.0 mg/dscm of lead for any one
stack. If the reported concentration exceeded 0.5 mg/dscm (one half the
standard), we assumed that the facility would either

upgrade the baghouse with new bags and additional maintenance or
completely replace the baghouse, depending on the age of the baghouse
(as explained further below). This cost estimate presents an upper-end
estimate of the cost impacts of the final rule that assumes facilities
will strive to operate well below the standard to ensure process
variability does not cause emission rates approaching the maximum level
allowed by the standard. If the baghouse was less than 10 years old and
the lead concentration in the outlet was not appreciably over one half
the standard (i.e., 0.5 mg/dscm), we assumed that the baghouse would
require maintenance and bag replacement. If the baghouse was more than
10 years old and the lead concentration was appreciably over the
standard, we assumed the baghouse would be replaced. We then compared
each facility's emissions with the flow-weighted, facility-wide
concentration limit of 0.20 mg/dscm using the assumption that baghouses
needing replacement based on the 1.0 mg/dscm individual stack limit
would be replaced with units that performed at least as well as the
average baghouse identified in our data set. These analyses indicate
that nine baghouses would need to be replaced, and two baghouses would
require additional maintenance. To estimate costs, we used a model
based primarily on the cost information submitted in the ICR for recent
baghouse installations in this industry. We assumed an increase in
maintenance cost based on more frequent bag changes (from once every 5
years to once every 2 years). The total capital cost for nine new
baghouses at five facilities is estimated to be approximately $11.5
million, and total annual costs were estimated to be approximately $2.7
million.
    New limits are being promulgated for THC and D/F emissions from
reverberatory and electric furnaces. We anticipate all operating
affected units will be able to meet the limits without installing
additional controls; however, we have estimated additional costs of
$260,000 per year for facilities to increase the temperature of their
existing afterburners to ensure continuous compliance with the
standards. (We also considered this additional energy use as part of
our analysis of whether the standards are warranted under CAA section
112(d)(6). See Cost Impacts of the Revised NESHAP for the Secondary
Lead Smelting Source Category, available in docket ID EPA-HQ-OAR-2011-
0344, at page 7.)
    The capital cost estimated for additional differential pressure
monitors for total enclosures is $106,000. The cost for all additional
monitoring and recordkeeping requirements, including the baghouse
monitoring, is estimated at $791,000.
    The total annualized costs for the final rule are estimated at
$13.4 million (2009 dollars). Table 5 of this preamble provides a
summary of the estimated costs and emissions reductions associated with
the final amendments to the Secondary Lead Smelting NESHAP presented in
today's action. More detail on the estimated costs of today's final
rule can be found in Cost Impacts of the revised NESHAP for the
Secondary Lead Smelting Source Category, available in the docket ID
EPA-HQ-OAR-2011-0344.

              Table 5--Estimated Costs and Reductions for the Promulgated Standards in This Action
----------------------------------------------------------------------------------------------------------------
                                       Estimated    Estimated     Total HAP emissions    Cost effectiveness in $
           Final amendment              capital    annual cost    reductions (tons per      per ton total HAP
                                       cost ($MM)     ($MM)              year)           reduction ($ per pound)
----------------------------------------------------------------------------------------------------------------
Revised stack lead emissions limit..         11.5          2.7  8.2 of metal HAP \a\     $0.33 MM per ton, ($170
                                                                 (7.2 of which is lead).  per pound).
Total enclosure of fugitive                    38          6.4  5.2 of metal HAP \a\     $1.0 MM per ton, ($500
 emissions sources.                                              (4.6 of which is lead).  per pound).
Fugitive control work practices.....            0          3.0  2.0 of metal HAP \a\     $1.5 MM per ton, ($750
                                                                 (1.8 of which is lead).  per pound).
THC and D/F concentration limits....            0          0.3  29.6 \b\...............  $0.01 MM per ton.
Additional testing and monitoring...          0.3         0.79  N/A....................  N/A.
----------------------------------------------------------------------------------------------------------------
\a\ Metal HAP consisting of antimony, arsenic, beryllium, cadmium, chromium, lead, manganese, nickel, and
  selenium.
\b\ Based on total organic HAP reductions as a co-benefit of compliance with standards for dioxins and furans.

    The EPA notes that the cost effectiveness of the controls for stack
emissions of metal HAP are within the range of values the agency has
determined to be reasonable in other section 112 rules. Indeed, EPA
determined that a value of $175 per pound of metal HAP removed was
reasonable when determining standards for the iron and steel foundry
source category, an area source standard reflecting the less rigorous
Generally Available Control Technology under section 112(d)(5). See 73
FR at 249. Thus, EPA regards the cost effectiveness of the standards
for metal HAP here as reasonable, for purposes of the standards adopted
pursuant to sections 112(f)(2) (ample margin of safety determination)
and 112(d)(6). The measures required to control fugitive emissions are
also cost effective, based largely on the fact that much of the
industry has implemented some or all of the measures required in this
final rule. The cost effectiveness for THC and D/F is presented as a
point of information. Since those standards are MACT floor standards
adopted pursuant to sections 112(d)(3), considerations of cost and
cost-effectiveness played no part in EPA's consideration.

D. What are the economic impacts?

    We performed an economic impact analysis for secondary lead
consumers and producers nationally. Most secondary lead producers will
incur annual compliance costs of much less than 1 percent of their
sales, but one firm will incur costs of greater than 1 percent. Both
demand and supply in this sector are generally inelastic to price
changes as shown in the Economic Impact Analysis at page 4. Thus, if
producers could pass through the entire cost of the rule to consumers,
we would expect prices to increase by no more than one percent, with no
change in output. Conversely, if producers could not pass through any
of the cost by increasing the price, we would expect output to decline
by less than one percent.
    Hence, the overall economic impact of this proposed rule should be
low on most of the affected industry and its consumers. For more
information, please refer to the Economic Impact Analysis for this
rulemaking that is in docket ID EPA-HQ-OAR-2011-0344.

E. What are the benefits?

    The estimated reductions in lead emissions that will be achieved by
this final rule will provide significant benefits to public health. For
example, the EPA's 2008 Regulatory Impact Analysis (RIA) that was
completed for the lead NAAQS (which is available in the docket for this
action and also on the EPA's Web site) \9\ described monetized benefits
calculated for that action associated with reduced exposure to lead.
---------------------------------------------------------------------------

    \9\ http://www.epa.gov/ttn/ecas/regdata/RIAs/finalpbriach5.pdf.
---------------------------------------------------------------------------

    As noted in that RIA, there were also several other lead-related
health effects for which the EPA was unable to quantify a monetized
benefit--particularly among adults. These potential impacts included
hypertension, non-fatal strokes, reproductive effects and premature
mortality, among others.
    When viewed in this context, the reductions in concentrations of
ambient lead that will be achieved with this RTR for secondary lead
smelters are expected to provide important benefits to both children
and adults. The EPA did not quantify these benefits because this rule
did not trigger the requirement for conducting an RIA under Executive
Order 12866, in addition to resource and data limitations for this
rule. However, as noted at proposal, this rule should result in areas
attaining the lead NAAQS where the secondary lead smelting source
dominates the areas' ambient lead concentrations. See 76 FR at 29063-
64. Although these standards are not adopted to implement the lead
NAAQS, and rest on legal and policy justifications that are unrelated
to the requirements for adopting, revising, and implementing a NAAQS
(e.g., CAA sections 112(d)(2), (3), 6 and CAA section 112(f)(2) as
opposed to CAA sections 107-110), nonetheless these rules will aid in
the attainment of the lead NAAQS.\10\
---------------------------------------------------------------------------

    \10\ It is possible that SIPs may require some of the same types
of controls on these sources (or may rely on the controls in these
rules as part of a control strategy). EPA cannot, of course, pre-
judge the SIP process. What is clear is that this rule should
contribute significantly to attainment of the lead NAAQS.
---------------------------------------------------------------------------

    In addition to the benefits likely to be achieved for lead
reductions, we also estimate that this final RTR rule will achieve
about 39 to 63 tons of reductions in PM2.5 emissions as a
co-benefit of the HAP reductions annually. See Development of the RTR
Emissions Dataset for the Secondary Lead Smelting Source Category at
section 8.3, which is available in the docket for information on how
the PM2.5 emission reductions were calculated based on total
PM reductions. Reducing exposure to PM2.5 is associated with
significant human health benefits, including avoiding mortality and
respiratory morbidity. Researchers have associated PM2.5
exposure with adverse health effects in numerous toxicological,
clinical and epidemiological studies (U.S. EPA, 2009).\11\ When
adequate data and resources are available and an RIA is required, the
EPA generally quantifies several health effects associated with
exposure to PM2.5 (e.g., U.S. EPA, 2010) \12\. These health
effects include premature mortality for adults and infants,
cardiovascular morbidities such as heart attacks, hospital admissions,
and respiratory morbidities such as asthma attacks, acute and chronic
bronchitis, hospital and emergency department visits, work loss days,
restricted activity days, and respiratory symptoms. Although the EPA
has not quantified certain outcomes including adverse effects on birth
weight, pre-term births, pulmonary function and other cardiovascular
and respiratory effects, the scientific literature suggests that
exposure to PM2.5 is also associated with these impacts
(U.S. EPA, 2009).
---------------------------------------------------------------------------

    \11\ U.S. Environmental Protection Agency (U.S. EPA). 2009.
Integrated Science Assessment for Particulate Matter (Final Report).
EPA-600-R-08-139F. National Center for Environmental Assessment--RTP
Division. <http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=216546>.
    \12\ U.S. Environmental Protection Agency (U.S. EPA). 2010.
Regulatory Impact Analysis for the Proposed Federal Transport Rule.
Office of Air Quality Planning and Standards, Research Triangle
Park, NC. <http://www.epa.gov/ttn/ecas/regdata/RIAs/proposaltrria_final.pdf>.
---------------------------------------------------------------------------

    Finally, the final rule will provide human health benefits through
reductions in arsenic and cadmium emissions, as well as reductions in
emissions of organic HAP (including dioxins and furans).

VII. Statutory and Executive Order Reviews

A. Executive Orders 12866: Regulatory Planning and Review, and
Executive Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action.'' This action is a
significant regulatory action because it raises novel legal and policy
issues. Accordingly, the EPA submitted this action to the Office of
Management and Budget (OMB) for review under Executive Order 12866 and
Executive Order 13563 (76 FR 3821, January 21, 2011), and any changes
made in response to OMB recommendations have been documented in the
docket for this action.

B. Paperwork Reduction Act

    The information collection requirements in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR) document prepared by the EPA has
been assigned EPA ICR number 1686.09. The information collection
requirements are not enforceable until OMB approves them. The
information requirements are based on notification, recordkeeping, and
reporting requirements in the NESHAP General Provisions (40 CFR part
63, subpart A), which are mandatory for all operators subject to
national emissions standards. These recordkeeping and reporting
requirements are specifically authorized by CAA section 114 (42 U.S.C.
7414). All information submitted to the EPA pursuant to the
recordkeeping and reporting requirements for which a claim of
confidentiality is made is safeguarded according to agency policies set
forth in 40 CFR part 2, subpart B.
    We are promulgating new paperwork requirements to the Secondary
Lead Smelting source category in the form of stack testing for THC and
D/F as described in 40 CFR 63.543(h)-(k). In conjunction with setting
THC limits for reverberatory and electric furnaces, additional
monitoring and recordkeeping is required for furnace outlet temperature
on these units. We believe temperature monitors currently exist in
these locations and that the facilities will not incur a capital cost
due to this requirement (and received no comments to indicate
otherwise). Additionally, increased monitoring is required for
demonstrating negative pressure in all total enclosures. To provide the
public with an estimate of the relative magnitude of the burden
associated with an assertion of the affirmative defense position
adopted by a source, the EPA has provided administrative adjustments to
this ICR to show what the notification, recordkeeping and reporting
requirements associated with the assertion of the affirmative defense
might entail. The EPA's estimate for the required notification, reports
and records for any individual incident, including the root cause
analysis, totals $3,141 and is based on the time and effort required of
a source to review relevant data, interview plant employees, and
document the events surrounding a malfunction that has caused an
exceedance of an emissions

limit. The estimate also includes time to produce and retain the record
and reports for submission to the EPA. The EPA provides this
illustrative estimate of this burden because these costs are only
incurred if there has been a violation and a source chooses to take
advantage of the affirmative defense.
    Given the variety of circumstances under which malfunctions could
occur, as well as differences among sources' operation and maintenance
practices, we cannot reliably predict the severity and frequency of
malfunction-related excess emissions events for a particular source. It
is important to note that the EPA has no basis currently for estimating
the number of malfunctions for which an affirmative defense to
penalties might be asserted. Current historical records would be an
inappropriate basis, as source owners or operators previously operated
their facilities in recognition that they were exempt from the
requirement to comply with emissions standards during malfunctions. Of
the number of excess emissions events reported by source operators,
only a small number would be expected to result from a malfunction
(based on the definition above), and only a subset of excess emissions
caused by malfunctions would result in the source choosing to assert
the affirmative defense. Thus we believe the number of instances in
which source operators might be expected to assert the affirmative
defense will be extremely small. For this reason, we estimate no more
than 2 or 3 such occurrences for all sources subject to subpart X over
the 3-year period covered by this ICR. We expect to gather information
on such events in the future and will revise this estimate as better
information becomes available. We estimate 16 regulated entities are
currently subject to subpart X and will be subject to all standards.
The annual monitoring, reporting, and recordkeeping burden for this
collection (averaged over the first 3 years after the effective date of
the standards) for these amendments to subpart X (Secondary Lead
Smelting) is estimated to be $790,000 per year. This includes 1,600
labor hours per year at a total labor cost of $347,000 per year, and
total non-labor capital and operation and maintenance (O&M) costs of
$440,000 per year. This estimate includes performance tests,
notifications, reporting, and recordkeeping associated with the new
requirements for front-end process vents and back-end process
operations. The total burden for the federal government (averaged over
the first 3 years after the effective date of the standard) is
estimated to be 1,150 hours per year at a total labor cost of $52,000
per year. Burden is defined at 5 CFR 1320.3(b).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When these
ICRs are approved by OMB, the agency will publish a technical amendment
to 40 CFR part 9 in the Federal Register to display the OMB control
numbers for the approved information collection requirements contained
in the final rules.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this final rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise that is independently owned and operated
and is not dominant in its field.
    For this source category, which has the NAICS code 331419 (i.e.,
Secondary Smelting and Refining of Nonferrous Metal (except copper and
aluminum)), the SBA small business size standard is 750 employees
according to the SBA small business standards definitions. We have
estimated the cost impacts and have determined that the impacts do not
constitute a significant economic impact on a substantial number of
small entities (see: Small Business Analysis for the Secondary Lead
Smelting Source Category, which is available in the docket for this
action).
    After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. Two of the
eight parent companies affected are considered a small entity per the
definition provided in this section. However, we estimate that this
action will not have a significant economic impact on those companies
(see: Small Business Analysis for the Secondary Lead Smelting Source
Category). All other affected parent companies are not small businesses
according to the SBA small business size standard for the affected
NAICS code (NAICS 331419).
    Although this final rule will not have a significant economic
impact on a substantial number of small entities, the EPA nonetheless
has tried to reduce the impact of this rule on small entities. To
reduce the impacts, we are promulgating stack limits for lead that
allow sources to meet a standard based on aggregated emissions that are
based on a weighted average approach (with each stack required to
achieve a specified minimum level of control) and have been established
at the least stringent levels that we estimate will still result in
acceptable risks to public health with an ample margin of safety.
Moreover, the compliance testing requirements were established in a way
that minimizes the costs for testing and reporting while still
providing the agency the necessary information needed to ensure
continuous compliance with the standards. For more information, please
refer to Small Business Analysis for the Secondary Lead Smelting Source
Category, which is available in docket ID EPA-HQ-OAR-2011-0344.

D. Unfunded Mandates Reform Act

    This action does not contain a federal mandate under the provisions
of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538 for state, local, or tribal governments or the private
sector. The action would not result in expenditures of $100 million or
more for state, local, and tribal governments, in aggregate, or the
private sector in any 1 year. The action imposes no enforceable duties
on any state, local or tribal governments or the private sector. Thus,
this action is not subject to the requirements of sections 202 or 205
of the UMRA.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments because it contains
no requirements that apply to such governments nor does it impose
obligations upon them.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the

distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. These final rules
primarily affect private industry, and do not impose significant
economic costs on state or local governments. Thus, Executive Order
13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have
substantial direct effect on tribal governments, on the relationship
between the federal government and Indian tribes, or on the
distribution of power and responsibilities between the federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
in Executive Order 12866. However, the agency does believe there is a
disproportionate risk to children due to current emissions of lead from
this source category. Children living near secondary lead smelters are
the subpopulation most susceptible to effects of air-borne lead, as
explained in detail in Section V.A above. The primary NAAQS for lead
targets protection to this population, and is a reasonable measure for
evaluating acceptability of risk here, again as explained in Section
V.A. Modeled ambient air lead concentrations, based on actual emission
levels, from about 9 of the 15 facilities in this source category are
in excess of the NAAQS for lead. Also, the results of the demographic
analysis indicate that of the 84,000 people exposed to a cancer risk
greater than 1-in-1 million, the age 0 to 17 demographic percentage (of
30 percent) is 3 percentage points higher than the corresponding
national percentage for this demographic group (of 27 percent). This
suggests that children may be at a slightly disproportionate risk of
exposure to cancer risks from this source category. However, the
control measures promulgated in this notice will result in lead
concentration levels at or below the lead NAAQS at all facilities,
thereby mitigating the risk of future adverse health effects to
children. See Section V.A of this preamble and the Residual Risk
Assessment for the Secondary Lead Smelting Source Category, which is
available in the docket for this action, for discussions of post-
control risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not
likely to have a significant adverse energy effect on the supply,
distribution, or use of energy. This action will not create any new
requirements for sources in the energy supply, distribution, or use
sectors. Further, we have concluded that these final rules are not
likely to have any adverse energy effects (and indeed, rejected certain
types of control options, such as standards based on use of wet
electrostatic precipitators, in part because of adverse energy
implications).

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies. NTTAA
directs the EPA to provide Congress, through OMB, explanations when the
agency decides not to use available and applicable VCS.
    This action involves technical standards. The EPA requires use of
ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses'' for its manual
methods of measuring the oxygen or carbon dioxide content of the
exhaust gas. These parts of ASME PTC 19.10-1981 are acceptable
alternatives to EPA Method 3B. This standard is available from the
American Society of Mechanical Engineers (ASME), Three Park Avenue, New
York, NY 10016-5990.
    Under 40 CFR 63.7(f) and 40 CFR 63.8(f) of subpart A of the General
Provisions, a source may apply to the EPA for permission to use
alternative test methods or alternative monitoring requirements in
place of any required testing methods, performance specifications, or
procedures in the final rule.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.
    To examine the potential for any environmental justice issues that
might be associated with each source category, we evaluated the
distributions of HAP related cancer and non-cancer risks across
different social, demographic, and economic groups within the
populations living near the facilities where these source categories
are located. The development of demographic analyses to inform the
consideration of environmental justice issues in EPA rulemakings is
evolving.
    In the case of Secondary Lead Smelting, we focused on populations
within 50 km of the 15 facilities in this source category with
emissions sources subject to the MACT standard. More specifically, for
these populations we evaluated exposures to HAP that could result in
cancer risks of 1-in-1 million or greater, or population exposures to
ambient air lead concentrations above the level of the NAAQS for lead.
We compared the percentages of particular demographic groups within the
focused populations to the total percentages of those demographic
groups nationwide. The results of this analysis are documented in the
technical report: Risk and Technology Review--Final Analysis of Socio-
Economic Factors for Populations Living Near Secondary Lead Smelting
Facilities which can be found in the docket for this rulemaking. The
actions in today's final rule will significantly decrease the risks due
to HAP emissions from this source

category for all demographic groups and mitigate any disproportionate
risks due to those emissions.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that, before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this final rule and other required information to the United States
Senate, the United States House of Representatives, and the Comptroller
General of the United States prior to publication of the final rule in
the Federal Register. A major rule cannot take effect until 60 days
after it is published in the Federal Register. This action is not a
``major rule'' as defined by 5 U.S.C. 804(2). The final rules will be
effective on January 5, 2012.

List of Subjects for 40 CFR Part 63

    Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

    Dated: December 16, 2011.
Lisa P. Jackson,
Administrator.

    For the reasons stated in the preamble, part 63 of title 40,
chapter I, of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

0
2. Section 63.14 is amended by revising paragraph (p)(2) to read as
follows:

Sec.  63.14  Incorporations by reference.

* * * * *
    (p) * * *
    (2) Office Of Air Quality Planning And Standards (OAQPS), Fabric
Filter Bag Leak Detection Guidance, EPA-454/R-98-015, September 1997,
IBR approved for Sec. Sec.  63.548(e)(4), 63.7525(j)(2), and
63.11224(f)(2).
* * * * *

0
3. Revise subpart X to read as follows:
Subpart X--National Emission Standards for Hazardous Air Pollutants
From Secondary Lead Smelting
Sec.
63.541 Applicability.
63.542 Definitions.
63.543 What are my standards for process vents?
63.544 What are my total enclosure standards?
63.545 What are my standards for fugitive dust sources?
63.546 Compliance dates.
63.547 Test methods.
63.548 Monitoring requirements.
63.549 Notification requirements.
63.550 Recordkeeping and reporting requirements.
63.551 Implementation and enforcement.
63.552 Affirmative defense to civil penalties for exceedance of
emissions limit during malfunction.
Table 1 to Subpart X of Part 63--General Provisions Applicability to
Subpart X
Table 2 to Subpart X of Part 63--Emissions Limits for Secondary Lead
Smelting Furnaces
Table 3 to Subpart X of Part 63--Toxic Equivalency Factors

Subpart X--National Emission Standards For Hazardous Air Pollutants
From Secondary Lead Smelting

Sec.  63.541  Applicability.

    (a) You are subject to this subpart if you own or operate any of
the following affected sources at a secondary lead smelter: Blast,
reverberatory, rotary, and electric furnaces; refining kettles;
agglomerating furnaces; dryers; process fugitive emissions sources;
buildings containing lead bearing materials; and fugitive dust sources.
The provisions of this subpart do not apply to primary lead processors,
lead refiners, or lead remelters.
    (b) Table 1 to this subpart specifies the provisions of subpart A
of this part that apply to owners and operators of secondary lead
smelters subject to this subpart.
    (c) If you are subject to the provisions of this subpart, you are
also subject to title V permitting requirements under 40 CFR parts 70
or 71, as applicable.
    (d) Emissions standards in this subpart apply at all times.

Sec.  63.542  Definitions.

    Terms used in this subpart are defined in the Clean Air Act, in
subpart A of this part, or in this section as follows:
    Affected source means any of the following sources at a secondary
lead smelter: Blast, reverberatory, rotary, and electric furnaces;
refining kettles; agglomerating furnaces; dryers; process fugitive
emissions sources; buildings containing lead bearing materials; and
fugitive dust sources.
    Affirmative defense means, in the context of an enforcement
proceeding, a response or defense put forward by a defendant, regarding
which the defendant has the burden of proof, and the merits of which
are independently and objectively evaluated in a judicial or
administrative proceeding.
    Agglomerating furnace means a furnace used to melt into a solid
mass flue dust that is collected from a baghouse.
    Bag leak detection system means an instrument that is capable of
monitoring particulate matter (dust) loadings in the exhaust of a
baghouse in order to detect bag failures. A bag leak detection system
includes, but is not limited to, an instrument that operates on
triboelectric, light scattering, transmittance or other effect to
monitor relative particulate matter loadings.
    Battery breaking area means the plant location at which lead-acid
batteries are broken, crushed, or disassembled and separated into
components.
    Blast furnace means a smelting furnace consisting of a vertical
cylinder atop a crucible, into which lead-bearing charge materials are
introduced at the top of the furnace and combustion air is introduced
through tuyeres at the bottom of the cylinder, and that uses coke as a
fuel source and that is operated at such a temperature in the
combustion zone (greater than 980 Celsius) that lead compounds are
chemically reduced to elemental lead metal.
    Blast furnace charging location means the physical opening through
which raw materials are introduced into a blast furnace.
    Collocated blast furnace and reverberatory furnace means operation
at the same location of a blast furnace and a reverberatory furnace
where the vent streams of the furnaces are mixed before cooling, with
the volumetric flow rate discharged from the blast furnace being equal
to or less than that discharged from the reverberatory furnace.
    Dryer means a chamber that is heated and that is used to remove
moisture from lead-bearing materials before they are charged to a
smelting furnace.
    Dryer transition equipment means the junction between a dryer and
the charge hopper or conveyor, or the junction between the dryer and
the smelting furnace feed chute or hopper located at the ends of the
dryer.
    Electric furnace means a smelting furnace consisting of a vessel
into which reverberatory furnace slag is introduced and that uses
electrical energy to heat the reverberatory furnace slag to such a
temperature (greater than 980 Celsius) that lead compounds are reduced
to elemental lead metal.

    Fugitive dust source means a stationary source of hazardous air
pollutant emissions at a secondary lead smelter that is not associated
with a specific process or process fugitive vent or stack. Fugitive
dust sources include, but are not limited to, roadways, storage piles,
lead bearing material handling transfer points, lead bearing material
transport areas, lead bearing material storage areas, other lead
bearing material process areas, and buildings.
    Furnace and refining/casting area means any area of a secondary
lead smelter in which:
    (1) Smelting furnaces are located;
    (2) Refining operations occur; or
    (3) Casting operations occur.
    Lead alloy means an alloy in which the predominant component is
lead.
    Lead bearing material means material with a lead content equal to
or greater than 5 mg/l as measured by EPA Method 1311 (Under Method
1311, only materials with at least 100 ppm lead will be considered to
be lead bearing).
    Leeward wall means the furthest exterior wall of a total enclosure
that is opposite the windward wall.
    Maintenance activity means any of the following routine maintenance
and repair activities that could generate fugitive lead dust:
    (1) Replacement or repair of refractory, or any internal or
external part of equipment used to process, handle or control lead-
containing materials.
    (2) Replacement of any duct section used to convey lead-containing
exhaust.
    (3) Metal cutting or welding that penetrates the metal structure of
any equipment, and its associated components, used to process lead-
containing material such that lead dust within the internal structure
or its components can become fugitive lead dust.
    (4) Resurfacing, repair or removal of ground, pavement, concrete,
or asphalt.
    Materials storage and handling area means any area of a secondary
lead smelter in which lead-bearing materials (including, but not
limited to, broken battery components, reverberatory furnace slag, flue
dust, and dross) are stored or handled between process steps including,
but not limited to, areas in which materials are stored in open piles,
bins, or tubs, and areas in which material is prepared for charging to
a smelting furnace.
    Natural draft opening means any permanent opening in an enclosure
that remains open during operation of the facility and is not connected
to a duct in which a fan is installed.
    New source means any affected source at a secondary lead smelting
facility the construction or reconstruction of which is commenced after
May 19, 2011. A building that is constructed for the purpose of
controlling fugitive emissions from an existing source is not
considered to be a new source.
    Partial enclosure means a structure comprised of walls or
partitions on at least three sides or three-quarters of the perimeter
surrounding stored materials or process equipment to prevent the
entrainment of particulate matter into the air.
    Pavement cleaning means the use of vacuum equipment, water sprays,
or a combination thereof to remove dust or other accumulated material
from the paved areas of a secondary lead smelter.
    Plant roadway means any area of a secondary lead smelter outside of
a total enclosure that is subject to vehicle traffic, including traffic
by forklifts, front-end loaders, or vehicles carrying whole batteries
or cast lead ingots. Excluded from this definition are employee and
visitor parking areas, provided they are not subject to traffic by
vehicles carrying lead-bearing materials.
    Pressurized dryer breaching seal means a seal system connecting the
dryer transition pieces which is maintained at a higher pressure than
the inside of the dryer.
    Process fugitive emissions source means a source of hazardous air
pollutant emissions at a secondary lead smelter that is associated with
lead smelting or refining, but is not the primary exhaust stream from a
smelting furnace, and is not a fugitive dust source. Process fugitive
emissions sources include, but are not limited to, smelting furnace
charging points, smelting furnace lead and slag taps, refining kettles,
agglomerating furnaces, and drying kiln transition pieces.
    Process vent means furnace vents, dryer vents, agglomeration
furnace vents, vents from battery breakers, vents from buildings
containing lead bearing material, and any ventilation system
controlling lead emissions.
    Refining kettle means an open-top vessel that is constructed of
cast iron or steel and is indirectly heated from below and contains
molten lead for the purpose of refining and alloying the lead. Included
are pot furnaces, receiving kettles, and holding kettles.
    Reverberatory furnace means a refractory-lined furnace that uses
one or more flames to heat the walls and roof of the furnace and lead-
bearing scrap to such a temperature (greater than 980 Celsius) that
lead compounds are chemically reduced to elemental lead metal.
    Rotary furnace (also known as a rotary reverberatory furnace) means
a furnace consisting of a refractory-lined chamber that rotates about a
horizontal axis and that uses one or more flames to heat the walls of
the furnace and lead-bearing scrap to such a temperature (greater than
980 Celsius) that lead compounds are chemically reduced to elemental
lead metal.
    Secondary lead smelter means any facility at which lead-bearing
scrap material, primarily, but not limited to, lead-acid batteries, is
recycled into elemental lead or lead alloys by smelting.
    Shutdown means the period when no lead bearing materials are being
fed to the furnace and smelting operations have ceased during which the
furnace is cooled from steady-state operating temperature to ambient
temperature.
    Smelting means the chemical reduction of lead compounds to
elemental lead or lead alloys through processing in high-temperature
(greater than 980 Celsius) furnaces including, but not limited to,
blast furnaces, reverberatory furnaces, rotary furnaces, and electric
furnaces.
    Startup means the period when no led bearing materials have been
fed to the furnace and smelting operations have not yet commenced
during which the furnace is heated from ambient temperature to steady-
state operating temperature.
    Total enclosure means a containment building that is completely
enclosed with a floor, walls, and a roof to prevent exposure to the
elements and to assure containment of lead bearing material with
limited openings to allow access and egress for people and vehicles.
The total enclosure must provide an effective barrier against fugitive
dust emissions such that the direction of air flow through any openings
is inward and the enclosure is maintained under constant negative
pressure.
    Vehicle wash means a device for removing dust and other accumulated
material from the wheels, body, and underside of a vehicle to prevent
the inadvertent transfer of lead contaminated material to another area
of a secondary lead smelter or to public roadways.
    Wet suppression means the use of water, water combined with a
chemical surfactant, or a chemical binding agent to prevent the
entrainment of dust into the air from fugitive dust sources.
    Windward wall means the exterior wall of a total enclosure that is
most impacted by the wind in its most prevailing direction determined
by a wind rose using available data from the

closest representative meteorological station.

Sec.  63.543  What are my standards for process vents?

    (a) For existing sources, you must maintain the concentration of
lead compounds in any process vent gas at or below 1.0 milligrams of
lead per dry standard cubic meter (0.00043 grains of lead per dry
standard cubic foot). You must maintain the flow-weighted average
concentration of lead compounds in vent gases from a secondary lead
smelting facility at or below 0.20 milligrams of lead per dry standard
cubic meter (0.000087 grains of lead per dry standard cubic foot).
    (1) You must demonstrate compliance with the flow weighted average
emissions limit on a 12-month rolling average basis, calculated monthly
using the most recent test data available.
    (2) Until 12 monthly weighted average emissions rates have been
accumulated, calculate only the monthly average weighted emissions
rate.
    (3) You must use Equation 1 of this section to calculate the flow-
weighted average concentration of lead compounds from process vents:
[GRAPHIC] [TIFF OMITTED] TR05JA12.000

Where:

CFWA = Flow-weighted average concentration of all process
vents.
n = Number of process vents.
Fi = Flow rate from process vent i in dry standard cubic
feet per minute, as measured during the most recent compliance test.
Ci = Concentration of lead in process vent i, as measured
during the most recent compliance test.

    (4) Each month, you must use the concentration of lead and flow
rate obtained during the most recent compliance test performed prior to
or during that month to perform the calculation using Equation 1 of
this section.
    (5) If a continuous emissions monitoring system (CEMS) is used to
measure the concentration of lead in a vent, the monthly average lead
concentration and monthly average flow rate must be used rather than
the most recent compliance test data.
    (b) For new sources that begin construction or reconstruction after
May 19, 2011 you must maintain the concentration of lead compounds in
any process vent gas at or below 0.20 milligrams of lead per dry
standard cubic meter (0.000087 grains of lead per dry standard cubic
foot).
    (c) You must meet the applicable emissions limits for total
hydrocarbons and dioxins and furans from furnace sources specified in
Table 2 of this subpart. There are no standards for dioxins and furans
during periods of startup and shutdown.
    (d) If you combine furnace emissions from multiple types of
furnaces and these furnaces do not meet the definition of collocated
blast and reverberatory furnaces, you must calculate your emissions
limit for the combined furnace stream using Equation 2 of this section.
[GRAPHIC] [TIFF OMITTED] TR05JA12.001

Where:
CEL = Flow-weighted average emissions limit
(concentration) of combined furnace vents.
n = Number of furnace vents.
Fi = Flow rate from furnace vent i in dry standard cubic
feet per minute.
CEli = Emissions limit (concentration) of pollutant in
furnace vent i as specified in Table 2 of this subpart.

    (e) If you combine furnace emissions with the furnace charging
process fugitive emissions and discharge them to the atmosphere through
a common emissions point, you must demonstrate compliance with the
applicable total hydrocarbons concentration limit specified in
paragraph (c) of this section at a location downstream from the point
at which the two emissions streams are combined.
    (f) If you do not combine the furnace charging process fugitive
emissions with the furnace process emissions, and discharge such
emissions to the atmosphere through separate emissions points, you must
maintain the total hydrocarbons concentration in the exhaust gas at or
below 20 parts per million by volume, expressed as propane and
corrected to 4 percent carbon dioxide.
    (g) Following the initial performance or compliance test to
demonstrate compliance with the lead emissions limits specified in
paragraph (a) or (b) of this section, you must conduct performance
tests according to the schedule in paragraph (g)(1) or (2) of this
section.
    (1) Conduct an annual performance test for lead compounds from each
process vent (no later than 12 calendar months following the previous
compliance test), unless you install and operate a CEMS meeting the
requirements of Sec.  63.8.
    (2) If an annual compliance test demonstrates that a process vent
emitted lead compounds at 0.10 milligram of lead per dry standard cubic
meter or less during the time of the annual compliance test, you may
submit a written request to the Administrator applying for an extension
of up to 24 calendar months from the previous compliance test to
conduct the next compliance test for lead compounds.
    (h) Following the initial performance or compliance test to
demonstrate compliance with the total hydrocarbons emissions limits in
paragraphs (c) and (f) of this section, you must conduct an annual
performance test for total hydrocarbons emissions from each process
vent that has established limits for total hydrocarbons (no later than
12 calendar months following the previous compliance test), unless you
install and operate a CEMS meeting the requirements of Sec.  63.8. If
an annual compliance test demonstrates that a process vent emitted
total hydrocarbons at less than 50 percent of the allowable limit
during the time of the annual compliance test, you may submit a written
request to the Administrator applying for an extension of up to 24
calendar months from the previous compliance test to conduct the next
compliance test for total hydrocarbons.
    (i) Following the initial performance or compliance test to
demonstrate compliance with the dioxins and furans emissions limits
specified in paragraph (c) of this section, you must conduct a
performance test for dioxins and furans emissions from each process
vent that has established limits for dioxins and furans at least once
every 6 years following the previous compliance test.
    (j) You must conduct the performance tests specified in paragraphs
(g) through (i) of this section under maximum representative operating
conditions for the process. During the performance test, you may
operate the control device at maximum or minimum representative
operating conditions for monitored control device parameters, whichever
results in lower emission reduction. Upon request, you must make
available to the Administrator such records as may be necessary to
determine the conditions of performance tests.
    (k) At all times, you must operate and maintain any affected
source, including associated air pollution control equipment and
monitoring equipment, in a manner consistent with safety and good air
pollution control practices for

minimizing emissions. Determination of whether such operation and
maintenance procedures are being used will be based on information
available to the Administrator that may include, but is not limited to,
monitoring results, review of operation and maintenance procedures,
review of operation and maintenance records, and inspection of the
source.
    (l) If you own or operate a unit subject to emission limits in
Table 2 of this subpart, you must minimize the unit's startup and
shutdown periods following the manufacturer's recommended procedures,
if available. You must develop and follow standard operating procedures
designed to minimize emissions of total hydrocarbon for each startup or
shutdown scenario anticipated. You must submit a signed statement in
the Notification of Compliance Status report that indicates that you
conducted startups and shutdowns according to the manufacturer's
recommended procedures, if available, and the standard operating
procedures designed to minimize emissions of total hydrocarbons.
    (m) In addition to complying with the applicable emissions limits
for dioxins and furans listed in Table 2 to this subpart, you must
operate a process to separate plastic battery casing materials from all
automotive batteries prior to introducing feed into a furnace.

Sec.  63.544  What are my total enclosure standards?

    (a) You must operate the process fugitive emissions sources and
fugitive dust sources listed in paragraphs (a)(1) through (9) of this
section in a total enclosure that is maintained at negative pressure at
all times and vented to a control device designed to capture lead
particulate. The total enclosure must meet the requirements specified
in paragraph (c) of this section.
    (1) Smelting furnaces.
    (2) Smelting furnace charging areas.
    (3) Lead taps, slag taps, and molds during tapping.
    (4) Battery breakers.
    (5) Refining kettles, casting areas.
    (6) Dryers.
    (7) Agglomerating furnaces and agglomerating furnace product taps.
    (8) Material handling areas for any lead bearing materials except
those listed in paragraph (b) of this section.
    (9) Areas where dust from fabric filters, sweepings or used fabric
filters are processed.
    (b) Total enclosures are not required in the following areas: lead
ingot product handling areas, stormwater and wastewater treatment
areas, intact battery storage areas, areas where lead bearing material
is stored in closed containers or enclosed mechanical conveyors, and
areas where clean battery casing material is handled.
    (c) You must construct and operate total enclosures for the sources
listed in paragraph (a) of this section as specified in paragraphs
(c)(1) and (2) of this section. The total enclosure must be free of
significant cracks, gaps, corrosion or other deterioration that could
cause lead bearing material to be released from the primary barrier.
Measures must be in place to prevent the tracking of lead bearing
material out of the unit by personnel or by equipment used in handling
the material. An area must be designated to decontaminate equipment and
any rinsate must be collected and properly managed.
    (1) You must ventilate the total enclosure continuously to ensure
negative pressure values of at least 0.013 mm of mercury (0.007 inches
of water).
    (2) You must maintain an inward flow of air through all natural
draft openings.
    (d) You must inspect enclosures and facility structures that
contain any lead-bearing materials at least once per month. You must
repair any gaps, breaks, separations, leak points or other possible
routes for emissions of lead to the atmosphere within one week of
identification unless you obtain approval for an extension from the
Administrator before the repair period is exceeded.

Sec.  63.545  What are my standards for fugitive dust sources?

    (a) You must prepare, and at all times operate according to, a
standard operating procedures manual that describes in detail the
measures that will be put in place and implemented to control the
fugitive dust emissions from the sources listed in paragraphs (a)(1)
through (7) of this section.
    (1) Plant roadways.
    (2) Plant buildings.
    (3) Accidental releases.
    (4) Battery storage area.
    (5) Equipment maintenance.
    (6) Material storage areas.
    (7) Material handling areas.
    (b) You must submit the standard operating procedures manual to the
Administrator or delegated authority for review and approval when
initially developed and any time changes are made.
    (c) The controls specified in the standard operating procedures
manual must at a minimum include the requirements specified in
paragraphs (c)(1) through (7) of this section.
    (1) Cleaning. Where a cleaning practice is specified, you must
clean by wet wash or a vacuum equipped with a filter rated by the
manufacturer to achieve 99.97 percent capture efficiency for 0.3 micron
particles in a manner that does not generate fugitive lead dust.
    (2) Plant roadways and paved areas. You must pave all areas subject
to vehicle traffic and you must clean the pavement twice per day,
except on days when natural precipitation makes cleaning unnecessary or
when sand or a similar material has been spread on plant roadways to
provide traction on ice or snow. Limited access and limited use
roadways such as unpaved roads to remote locations on the property may
be exempt from this requirement if they are used infrequently (no more
than one round trip per day).
    (3) Accidental releases. You must initiate cleaning of all affected
areas within one hour after detection of any accidental release of lead
dust that exceeds 10 pounds (the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) reportable quantity for lead
at 40 CFR 302.4).
    (4) Battery storage areas. You must inspect any batteries that are
not stored in a total enclosure once each week and move any broken
batteries to an enclosure within 72 hours of identification. You must
clean residue from broken batteries within 72 hours of identification.
    (5) Materials storage and handling areas. You must wash each
vehicle at each exit of the material storage and handling areas. The
vehicle wash must include washing of tires, undercarriage and exterior
surface of the vehicle followed by vehicle inspection.
    (6) Equipment maintenance. You must perform all maintenance
activities that could generate lead dust in a manner that minimizes
emissions of fugitive dust. This must include one or more of the
following:
    (i) Performing maintenance inside a total permanent enclosure
maintained at negative pressure.
    (ii) Performing maintenance inside a temporary enclosure and use a
vacuum system either equipped with a filter rated by the manufacturer
to achieve a capture efficiency of 99.97 percent for 0.3 micron
particles or routed to an existing control device permitted for this
activity.
    (iii) Performing maintenance inside a partial enclosure and use of
wet suppression sufficient to prevent dust formation.
    (iv) Decontamination of equipment prior to removal from an
enclosure.
    (v) Immediate repair of ductwork or structure leaks without an
enclosure if the time to construct a temporary

enclosure would exceed the time to make a temporary or permanent
repair, or if construction of an enclosure would cause a higher level
of emissions than if an enclosure were not constructed.
    (vi) Activities required for inspection of fabric filters and
maintenance of filters that are in need of removal and replacement are
not required to be conducted inside of total enclosures. Used fabric
filters must be placed in sealed plastic bags or containers prior to
removal from a baghouse.
    (7) Material transport. You must collect and transport all lead
bearing dust (i.e. lead bearing material which is a dust) within closed
conveyor systems or in sealed, leak-proof containers unless the
collection and transport activities are contained within a total
enclosure. All other lead bearing material must be contained and
covered for transport outside of a total enclosure in a manner that
prevents spillage or dust formation. Intact batteries and lead ingot
product are exempt from the requirement to be covered for transport.
    (d) Your standard operating procedures manual must specify that
records be maintained of all pavement cleaning, vehicle washing, and
battery storage inspection activities performed to control fugitive
dust emissions.
    (e) You must pave all grounds on the facility or plant groundcover
sufficient to prevent wind-blown dust. You may use dust suppressants on
unpaved areas that will not support a groundcover (e.g., roadway
shoulders, steep slopes, limited access and limited use roadways).
    (f) As provided in Sec.  63.6(g), as an alternative to the
requirements specified in this section, you can demonstrate to the
Administrator (or delegated State, local, or Tribal authority) that an
alternative measure(s) is equivalent or better than a practice(s)
described in this section.

Sec.  63.546  Compliance dates.

    (a) For affected sources that commenced construction or
reconstruction on or before May 19, 2011, you must demonstrate
compliance with the requirements of this subpart no later than January
6, 2014.
    (b) For affected sources that commenced construction or
reconstruction after May 19, 2011, you must demonstrate compliance with
the requirements of this subpart by January 5, 2012 or upon startup of
operations, whichever is later.

Sec.  63.547  Test methods.

    (a) You must use the test methods from appendix A of part 60 as
listed in paragraphs (a)(1) through (5) of this section to determine
compliance with the emissions standards for lead compounds specified in
Sec.  63.543(a) and (b).
    (1) EPA Method 1 at 40 CFR part 60, appendix A-1 to select the
sampling port location and the number of traverse points.
    (2) EPA Method 2 at 40 CFR part 60, appendix A-1 or EPA Method 5D
at 40 CFR part 60, appendix A-3, section 8.3 for positive pressure
fabric filters, to measure volumetric flow rate.
    (3) EPA Method 3, 3A, or 3B at 40 CFR part 60, appendix A-2 to
determine the dry molecular weight of the stack gas.
    (4) EPA Method 4 at 40 CFR part 60, appendix A-3 to determine
moisture content of the stack gas.
    (5) EPA Method 12 or Method 29 at 40 CFR part 60, appendix A-8 to
determine compliance with the lead compound emissions standards. The
minimum sample volume must be 2.0 dry standard cubic meters (70 dry
standard cubic feet) for each run. You must perform three test runs and
you must determine compliance using the average of the three runs.
    (b) You must use the following test methods in appendix A of part
60 listed in paragraphs (b)(1) through (4) of this section, as
specified, to determine compliance with the emissions standards for
total hydrocarbons specified in Sec.  63.543(c) through (f).
    (1) EPA Method 1 at 40 CFR part 60, appendix A-1 to select the
sampling port location and number of traverse points.
    (2) The Single Point Integrated Sampling and Analytical Procedure
of Method 3B to measure the carbon dioxide content of the stack gases
when using either EPA Method 3A or 3B at 40 CFR part 60, appendix A-2.
    (3) EPA Method 4 at 40 CFR part 60, appendix A-3 to measure
moisture content of the stack gases.
    (4) EPA Method 25A at 40 CFR part 60, appendix A-7 to measure total
hydrocarbons emissions. The minimum sampling time must be 1 hour for
each run. You must perform a minimum of three test runs. You must
calculate a 1-hour average total hydrocarbons concentration for each
run and use the average of the three 1-hour averages to determine
compliance.
    (c) You must correct the measured total hydrocarbons concentrations
to 4 percent carbon dioxide as specified in paragraphs (c)(1) through
(3) of this section.
    (1) If the measured percent carbon dioxide is greater than 0.4
percent in each compliance test, you must determine the correction
factor using Equation 2 of this section.
[GRAPHIC] [TIFF OMITTED] TR05JA12.002

Where:

F = Correction factor (no units).
CO2 = Percent carbon dioxide measured using EPA Method 3A
or 3B at 40 CFR part 60, appendix A-2, where the measured carbon
dioxide is greater than 0.4 percent.

    (2) If the measured percent carbon dioxide is equal to or less than
0.4 percent, you must use a correction factor (F) of 10.
    (3) You must determine the corrected total hydrocarbons
concentration by multiplying the measured total hydrocarbons
concentration by the correction factor (F) determined for each
compliance test.
    (d) You must use the following test methods in appendix A of part
60 listed in paragraphs (d)(1) through (5) of this section, as
specified, to determine compliance with the emissions standards for
dioxins and furans specified in Sec.  63.543(c).
    (1) EPA Method 1 at 40 CFR part 60, appendix A-1 to select the
sampling port location and the number of traverse points.
    (2) EPA Method 2 at 40 CFR part 60, appendix A-1 or EPA Method 5D
at 40 CFR part 60, appendix A-3, section 8.3 for positive pressure
fabric filters to measure volumetric flow rate.
    (3) EPA Method 3A or 3B at 40 CFR part 60, appendix A-2 to
determine the oxygen and carbon dioxide concentrations of the stack
gas.
    (4) EPA Method 4 at 40 CFR part 60, appendix A-3 to determine
moisture content of the stack gas.
    (5) EPA Method 23 at 40 CFR part 60, appendix A-7 to determine the
dioxins and furans concentration.
    (e) You must determine the dioxins and furans toxic equivalency by
following the procedures in paragraphs (e)(1) through (3) of this
section.
    (1) Measure the concentration of each dioxins and furans congener
shown in Table 3 of this subpart using EPA Method 23 at 40 CFR part 60,
appendix A-7. You must correct the concentration of dioxins and furans
in terms of toxic equivalency to 7 percent O2 using Equation
3 of this section.

[GRAPHIC] [TIFF OMITTED] TR05JA12.003

Where:

Cadj = Dioxins and furans concentration adjusted to 7
percent oxygen.
Cmeas = Dioxins and furans concentration measured in
nanograms per dry standard cubic meter.
(20.9-7) = 20.9 percent oxygen--7 percent oxygen (defined oxygen
correction basis).
20.9 = Oxygen concentration in air, percent.
%O2 = Oxygen concentration measured on a dry basis,
percent.

    (2) For each dioxins and furans congener measured as specified in
paragraph (e)(1) of this section, multiply the congener concentration
by its corresponding toxic equivalency factor specified in Table 3 to
this subpart.
    (3) Sum the values calculated as specified in paragraph (e)(2) of
this section to obtain the total concentration of dioxins and furans
emitted in terms of toxic equivalency.

Sec.  63.548  Monitoring requirements.

    (a) You must prepare, and at all times operate according to, a
standard operating procedures manual that describes in detail
procedures for inspection, maintenance, and bag leak detection and
corrective action plans for all baghouses (fabric filters or cartridge
filters) that are used to control process vents, process fugitive, or
fugitive dust emissions from any source subject to the lead emissions
standards in Sec. Sec.  63.543, 63.544, and 63.545, including those
used to control emissions from building ventilation.
    (b) You must submit the standard operating procedures manual for
baghouses required by paragraph (a) of this section to the
Administrator or delegated authority for review and approval.
    (c) The procedures that you specify in the standard operating
procedures manual for inspections and routine maintenance must, at a
minimum, include the requirements of paragraphs (c)(1) through (9) of
this section.
    (1) Daily monitoring of pressure drop across each baghouse cell.
    (2) Weekly confirmation that dust is being removed from hoppers
through visual inspection, or equivalent means of ensuring the proper
functioning of removal mechanisms.
    (3) Daily check of compressed air supply for pulse-jet baghouses.
    (4) An appropriate methodology for monitoring cleaning cycles to
ensure proper operation.
    (5) Monthly check of bag cleaning mechanisms for proper functioning
through visual inspection or equivalent means.
    (6) Monthly check of bag tension on reverse air and shaker-type
baghouses. Such checks are not required for shaker-type baghouses using
self-tensioning (spring loaded) devices.
    (7) Quarterly confirmation of the physical integrity of the
baghouse through visual inspection of the baghouse interior for air
leaks.
    (8) Quarterly inspection of fans for wear, material buildup, and
corrosion through visual inspection, vibration detectors, or equivalent
means.
    (9) Except as provided in paragraphs (g) and (h) of this section,
continuous operation of a bag leak detection system, unless a system
meeting the requirements of paragraph (m) of this section for a
continuous emissions monitoring system is installed for monitoring the
concentration of lead.
    (d) The procedures you specify in the standard operating procedures
manual for baghouse maintenance must include, at a minimum, a
preventative maintenance schedule that is consistent with the baghouse
manufacturer's instructions for routine and long-term maintenance.
    (e) The bag leak detection system required by paragraph (c)(9) of
this section, must meet the specification and requirements of
paragraphs (e)(1) through (8) of this section.
    (1) The bag leak detection system must be certified by the
manufacturer to be capable of detecting particulate matter emissions at
concentrations of 1.0 milligram per actual cubic meter (0.00044 grains
per actual cubic foot) or less.
    (2) The bag leak detection system sensor must provide output of
relative particulate matter loadings.
    (3) The bag leak detection system must be equipped with an alarm
system that will alarm when an increase in relative particulate
loadings is detected over a preset level.
    (4) You must install and operate the bag leak detection system in a
manner consistent with the guidance provided in ``Office of Air quality
Planning and Standards (OAQPS) Fabric Filter Bag Leak Detection
Guidance'' EPA-454/R-98-015, September 1997 (incorporated by reference,
see Sec.  63.14) and the manufacturer's written specifications and
recommendations for installation, operation, and adjustment of the
system.
    (5) The initial adjustment of the system must, at a minimum,
consist of establishing the baseline output by adjusting the
sensitivity (range) and the averaging period of the device, and
establishing the alarm set points and the alarm delay time.
    (6) Following initial adjustment, you must not adjust the
sensitivity or range, averaging period, alarm set points, or alarm
delay time, except as detailed in the approved standard operating
procedures manual required under paragraph (a) of this section. You
cannot increase the sensitivity by more than 100 percent or decrease
the sensitivity by more than 50 percent over a 365 day period unless
such adjustment follows a complete baghouse inspection that
demonstrates that the baghouse is in good operating condition.
    (7) For negative pressure, induced air baghouses, and positive
pressure baghouses that are discharged to the atmosphere through a
stack, you must install the bag leak detector downstream of the
baghouse and upstream of any wet acid gas scrubber.
    (8) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
    (f) You must include in the standard operating procedures manual
required by paragraph (a) of this section a corrective action plan that
specifies the procedures to be followed in the case of a bag leak
detection system alarm. The corrective action plan must include, at a
minimum, the procedures that you will use to determine and record the
time and cause of the alarm as well as the corrective actions taken to
minimize emissions as specified in paragraphs (f)(1) and (f)(2) of this
section.
    (1) The procedures used to determine the cause of the alarm must be
initiated within 30 minutes of the alarm.
    (2) The cause of the alarm must be alleviated by taking the
necessary corrective action(s) that may include, but not be limited to,
those listed in paragraphs (f)(2)(i) through (vi) of this section.
    (i) Inspecting the baghouse for air leaks, torn or broken filter
elements, or any other malfunction that may cause an increase in
emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media, or otherwise
repairing the control device.

    (iv) Sealing off a defective baghouse compartment.
    (v) Cleaning the bag leak detection system probe, or otherwise
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate emissions.
    (g) Baghouses equipped with high efficiency particulate air (or
HEPA) filters as a secondary filter used to control emissions from any
source subject to the lead emission standards in Sec.  65.543(a) or
(b), are exempt from the requirement to be equipped with a bag leak
detection system. You must monitor and record the pressure drop across
each HEPA filter system daily. If the pressure drop is outside the
limit(s) specified by the filter manufacturer, you must take
appropriate corrective measures, which may include but not be limited
to those given in paragraphs (g)(1) through (4) of this section.
    (1) Inspecting the filter and filter housing for air leaks and torn
or broken filters.
    (2) Replacing defective filter media, or otherwise repairing the
control device.
    (3) Sealing off a defective control device by routing air to other
control devices
    (4) Shutting down the process producing the particulate emissions.
    (h) Baghouses followed by a wet electrostatic precipitator used as
a secondary control device for any source subject to the lead emission
standards in Sec.  63.543(a) or (b), are exempt from the requirement to
be equipped with a bag leak detection system.
    (i) If you use a wet scrubber to control particulate matter and
metal hazardous air pollutant emissions from a process vent to
demonstrate continuous compliance with the emissions standards, you
must monitor and record the pressure drop and water flow rate of the
wet scrubber during the initial performance or compliance test
conducted to demonstrate compliance with the lead emissions limit under
Sec.  63.543(a) or (b). Thereafter, you must monitor and record the
pressure drop and water flow rate values at least once every hour and
you must maintain the pressure drop and water flow rate at levels no
lower than 30 percent below the pressure drop and water flow rate
measured during the initial performance or compliance test.
    (j) You must comply with the requirements specified in paragraphs
(j)(1) through (4) of this section to demonstrate continuous compliance
with the total hydrocarbons and dioxins and furans emissions standards.
During periods of startup and shutdown, the requirements of paragraph
(j)(4) of this section do not apply. Instead, you must demonstrate
compliance with the standard for total hydrocarbon by meeting the
requirements of Sec.  63.543(l).
    (1) Continuous temperature monitoring. You must install, calibrate,
maintain, and continuously operate a device to monitor and record the
temperature of the afterburner or furnace exhaust streams consistent
with the requirements for continuous monitoring systems in Sec.  63.8.
    (2) Prior to or in conjunction with the initial performance or
compliance test to determine compliance with Sec.  63.543(c), you must
conduct a performance evaluation for the temperature monitoring device
according to Sec.  63.8(e). The definitions, installation
specifications, test procedures, and data reduction procedures for
determining calibration drift, relative accuracy, and reporting
described in Performance Specification 2, 40 CFR part 60, appendix B,
sections 2, 3, 5, 7, 8, 9, and 10 must be used to conduct the
evaluation. The temperature monitoring device must meet the following
performance and equipment specifications:
    (i) The recorder response range must include zero and 1.5 times the
average temperature identified in paragraph (j)(3) of this section.
    (ii) The monitoring system calibration drift must not exceed 2
percent of 1.5 times the average temperature identified in paragraph
(j)(3) of this section.
    (iii) The monitoring system relative accuracy must not exceed 20
percent.
    (iv) The reference method must be a National Institute of Standards
and Technology calibrated reference thermocouple-potentiometer system
or an alternate reference, subject to the approval of the
Administrator.
    (3) You must monitor and record the temperature of the afterburner
or the furnace exhaust streams every 15 minutes during the initial
performance or compliance test for total hydrocarbons and dioxins and
furans and determine an arithmetic average for the recorded temperature
measurements.
    (4) To demonstrate continuous compliance with the standards for
total hydrocarbons and dioxins and furans, you must maintain an
afterburner or exhaust temperature such that the average temperature in
any 3-hour period does not fall more than 28 [deg]Celsius
(50[emsp14][deg]Fahrenheit) below the average established in paragraph
(j)(3) of this section.
    (k) You must install, operate, and maintain a digital differential
pressure monitoring system to continuously monitor each total enclosure
as described in paragraphs (k)(1) through (5) of this section.
    (1) You must install and maintain a minimum of one building digital
differential pressure monitoring system at each of the following three
walls in each total enclosure that has a total ground surface area of
10,000 square feet or more:
    (i) The leeward wall.
    (ii) The windward wall.
    (iii) An exterior wall that connects the leeward and windward wall
at a location defined by the intersection of a perpendicular line
between a point on the connecting wall and a point on its furthest
opposite exterior wall, and intersecting within plus or minus ten
meters of the midpoint of a straight line between the two other
monitors specified. The midpoint monitor must not be located on the
same wall as either of the other two monitors.
    (2) You must install and maintain a minimum of one building digital
differential pressure monitoring system at the leeward wall of each
total enclosure that has a total ground surface area of less than
10,000 square feet.
    (3) The digital differential pressure monitoring systems must be
certified by the manufacturer to be capable of measuring and displaying
negative pressure in the range of 0.01 to 0.2 millimeters mercury
(0.005 to 0.11 inches of water) with a minimum accuracy of plus or
minus 0.001 millimeters of mercury (0.0005 inches of water).
    (4) You must equip each digital differential pressure monitoring
system with a continuous recorder.
    (5) You must calibrate each digital differential pressure
monitoring system in accordance with manufacturer's specifications at
least once every 12 calendar months or more frequently if recommended
by the manufacturer.
    (l) Except as provided in paragraphs (l)(2) or (3) of this section,
all new or reconstructed sources subject to the requirements under
Sec.  63.543 must install, calibrate, maintain, and operate a CEMS for
measuring lead emissions. In addition to the General Provisions
requirements for CEMS in Sec.  63.8(c) that are referenced in Table 1
to this subpart, you must comply with the requirements for CEMS
specified in paragraph (m) of this section.
    (1) Sources subject to the emissions limits for lead compounds
under Sec.  63.543(b) must install a CEMS for measuring lead emissions
within 180 days of promulgation by the EPA of performance
specifications for lead CEMS.
    (2) Prior to 180 days after the EPA promulgates performance
specifications

for CEMS used to measure lead concentrations, you must use the
procedure described in Sec.  63.543(g)(1) to determine compliance.
    (3) Vents from control devices that serve only to control emissions
from buildings containing lead bearing materials are exempt from the
requirement to install a CEMS for measuring lead emissions.
    (m) If a CEMS is used to measure lead emissions, you must install a
continuous emissions monitoring system with a sensor in a location that
provides representative measurement of the exhaust gas flow rate at the
sampling location of the CEMS used to measure lead emissions, taking
into account the manufacturer's recommendations. The flow rate sensor
is that portion of the system that senses the volumetric flow rate and
generates an output proportional to that flow rate.
    (1) The continuous emissions monitoring system must be designed to
measure the exhaust gas flow rate over a range that extends from a
value of at least 20 percent less than the lowest expected exhaust flow
rate to a value of at least 20 percent greater than the highest
expected exhaust gas flow rate.
    (2) The continuous emissions monitoring system must be equipped
with a data acquisition and recording system that is capable of
recording values over the entire range specified in paragraph (m)(1) of
this section.
    (3) You must perform an initial relative accuracy test of the
continuous emissions monitoring system in accordance with the
applicable Performance Specification in appendix B to part 60 of this
chapter.
    (4) You must operate the continuous emissions monitoring system and
record data during all periods of operation of the affected facility
including periods of startup, shutdown, and malfunction, except for
periods of monitoring system malfunctions, repairs associated with
monitoring system malfunctions, and required monitoring system quality
assurance or quality control activities including, as applicable,
calibration checks and required zero and span adjustments.
    (5) If you have a CEMS to measure lead emissions, you must
calculate the average lead concentration and flow rate monthly to
determine compliance with Sec.  63.543(a).
    (6) When the continuous emissions monitoring system is unable to
provide quality assured data, the following apply:
    (i) When data are not available for periods of up to 48 hours, the
highest recorded hourly emissions rate from the previous 24 hours must
be used.
    (ii) When data are not available for 48 or more hours, the maximum
daily emissions rate based on the previous 30 days must be used.

Sec.  63.549  Notification requirements.

    (a) You must comply with all of the notification requirements of
Sec.  63.9. Electronic notifications are encouraged if suitable for the
specific case (e.g., by electronic media such as Excel spreadsheet, on
CD or hard copy), and when required by this subpart.
    (b) You must submit the fugitive dust control standard operating
procedures manual required under Sec.  63.545(a) and the standard
operating procedures manual for baghouses required under Sec.
63.548(a) to the Administrator or delegated authority along with a
notification that the smelter is seeking review and approval of these
plans and procedures. You must submit this notification no later than
January 7, 2013. For sources that commenced construction or
reconstruction after January 5, 2012, you must submit this notification
no later than 180 days before startup of the constructed or
reconstructed secondary lead smelter, but no sooner than January 5,
2012. For an affected source that has received a construction permit
from the Administrator or delegated authority on or before January 5,
2012, you must submit this notification no later than January 7, 2014.

Sec.  63.550  Recordkeeping and reporting requirements.

    (a) You must comply with all of the recordkeeping and reporting
requirements specified in Sec.  63.10 that are referenced in Table 1 to
this subpart.
    (1) Records must be maintained in a form suitable and readily
available for expeditious review, according to Sec.  63.10(b)(1).
However, electronic recordkeeping and reporting if suitable for the
specific case (e.g., by electronic media such as Excel spreadsheet, on
CD or hard copy), and when required by this subpart.
    (2) Records must be kept on site for at least 2 years after the
date of occurrence, measurement, maintenance, corrective action,
report, or record, according to Sec.  63.10(b)(1).
    (b) The standard operating procedures manuals required in
Sec. Sec.  63.545(a) and 63.548(a) must be submitted to the
Administrator in electronic format for review and approval of the
initial submittal and whenever an update is made to the procedure.
    (c) You must maintain for a period of 5 years, records of the
information listed in paragraphs (c)(1) through (13) of this section.
    (1) Electronic records of the bag leak detection system output.
    (2) An identification of the date and time of all bag leak
detection system alarms, the time that procedures to determine the
cause of the alarm were initiated, the cause of the alarm, an
explanation of the corrective actions taken, and the date and time the
cause of the alarm was corrected.
    (3) All records of inspections and maintenance activities required
under Sec.  63.548(c) as part of the practices described in the
standard operating procedures manual for baghouses required under Sec.
63.548(a).
    (4) Electronic records of the pressure drop and water flow rate
values for wet scrubbers used to control metal hazardous air pollutant
emissions from process fugitive sources as required in Sec.  63.548(i).
    (5) Electronic records of the output from the continuous
temperature monitor required in Sec.  63.548(j)(1), and an
identification of periods when the 3-hour average temperature fell
below the minimum established under Sec.  63.548(j)(4), and an
explanation of the corrective actions taken.
    (6) Electronic records of the continuous pressure monitors for
total enclosures required in Sec.  63.548(k), and an identification of
periods when the pressure was not maintained as required in Sec.
63.544(c)(1).
    (7) Records of any time periods power was lost to the continuous
pressure monitors for total enclosures required in Sec.  63.548(k) and
records of loss of power to the air handling system maintaining
negative pressure on total enclosures.
    (8) Records of the inspections of facility enclosures required in
Sec.  63.544(d).
    (9) Records of all cleaning and inspections required as part of the
practices described in the standard operating procedures manual
required under Sec.  63.545(a) for the control of fugitive dust
emissions.
    (10) Electronic records of the output of any CEMS installed to
monitor lead emissions meeting the requirements of Sec.  63.548(m).
    (11) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control
equipment and monitoring equipment.
    (12) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec.  63.543(k), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.

    (13) Records of any periods of startup or shutdown of a furnace and
actions taken to minimize emissions during that period in accordance
with Sec.  63.543(l).
    (d) You must comply with all of the reporting requirements
specified in Sec.  63.10 of the General Provisions that are referenced
in Table 1 to this subpart.
    (1) You must submit reports no less frequent than specified under
Sec.  63.10(e)(3) of the General Provisions.
    (2) Once a source reports a violation of the standard or excess
emissions, you must follow the reporting format required under Sec.
63.10(e)(3) until a request to reduce reporting frequency is approved
by the Administrator.
    (e) In addition to the information required under the applicable
sections of Sec.  63.10, you must include in the reports required under
paragraph (d) of this section the information specified in paragraphs
(e)(1) through (14) of this section.
    (1) Records of the concentration of lead in each process vent, and
records of the rolling 12-month flow-weighted average concentration of
lead compounds in vent gases calculated monthly as required in Sec.
63.543(a), except during the first year when the concentration is
calculated using the method described in Sec.  63.543(a)(2).
    (2) Records of the concentration of total hydrocarbon and dioxins
and furans in each process vent that has established limits for total
hydrocarbon and dioxins and furans as required in Sec.  63.543(c).
    (3) Records of all periods when monitoring using a CEMS for lead or
total hydrocarbon was not in compliance with applicable limits.
    (4) Records of all alarms from the bag leak detection system
specified in Sec.  63.548.
    (5) A description of the procedures taken following each bag leak
detection system alarm pursuant to Sec.  63.548(f)(1) and (2).
    (6) A summary of the records maintained as part of the practices
described in the standard operating procedures manual for baghouses
required under Sec.  63.548(a), including an explanation of the periods
when the procedures were not followed and the corrective actions taken.
    (7) An identification of the periods when the pressure drop and
water flow rate of wet scrubbers used to control process fugitive
sources dropped below the levels established in Sec.  63.548(i), and an
explanation of the corrective actions taken.
    (8) Records of the temperature monitor output, in 3-hour block
averages, for those periods when the temperature monitored pursuant to
Sec.  63.548(j) fell below the level established in Sec.  63.548(j)(4).
    (9) Certification that the plastic separation process for battery
breakers required in Sec.  63.543(m) was operated at all times the
battery breaker was in service.
    (10) Records of periods when the pressure was not maintained as
required in Sec.  63.544(c) or power was lost to the continuous
pressure monitoring system as required in Sec.  63.548(k).
    (11) If a malfunction occurred during the reporting period, the
report must include the number, duration, and a brief description for
each type of malfunction that occurred during the reporting period and
caused or may have caused any applicable emissions limitation to be
exceeded. The report must also include a description of actions taken
during a malfunction of an affected source to minimize emissions in
accordance with Sec.  63.543(k), including actions taken to correct a
malfunction.
    (12) A summary of the fugitive dust control measures performed
during the required reporting period, including an explanation of the
periods when the procedures outlined in the standard operating
procedures manual pursuant to Sec.  63.545(a) were not followed and the
corrective actions taken. The reports must not contain copies of the
daily records required to demonstrate compliance with the requirements
of the standard operating procedures manuals required under Sec.
63.545(a).
    (13) Records of any periods of startup or shutdown of a furnace
including an explanation of the periods when the procedures required in
Sec.  63.543(l) were not followed and the corrective actions taken.
    (14) You must submit records pursuant to paragraphs (e)(14)(i)
through (iii) of this section.
    (i) As of January 1, 2012 and within 60 days after the date of
completing each performance test, as defined in Sec.  63.2 and as
required in this subpart, you must submit performance test data, except
opacity data, electronically to EPA's Central Data Exchange by using
the Electronic Reporting Tool (see http://www.epa.gov/ttn/chief/ert/ert_tool.html/). Only data collected using test methods compatible
with the Electronic Reporting Tool are subject to this requirement to
be submitted electronically into EPA's WebFIRE database.
    (ii) Within 60 days after the date of completing each CEMS
performance evaluation test, as defined in Sec.  63.2 and required by
this subpart, you must submit the relative accuracy test audit data
electronically into EPA's Central Data Exchange by using the Electronic
Reporting Tool as mentioned in paragraph (e)(14)(i) of this section.
Only data collected using test methods compatible with the Electronic
Reporting Tool are subject to this requirement to be submitted
electronically into EPA's WebFIRE database.
    (iii) All reports required by this subpart not subject to the
requirements in paragraph (e)(14)(i) and (ii) of this section must be
sent to the Administrator at the appropriate address listed in Sec.
63.13. The Administrator or the delegated authority may request a
report in any form suitable for the specific case (e.g., by electronic
media such as Excel spreadsheet, on CD or hard copy). The Administrator
retains the right to require submittal of reports subject to paragraph
(e)(14)(i) and (ii) of this section in paper format.

Sec.  63.551  Implementation and enforcement.

    (a) This subpart can be implemented and enforced by the U.S. EPA,
or a delegated authority such as the applicable State, local, or tribal
agency. If the U.S. EPA Administrator has delegated authority to a
State, local, or tribal agency, then that agency, in addition to the
U.S. EPA, has the authority to implement and enforce this subpart.
Contact the applicable U.S. EPA Regional Office to find out if this
subpart is delegated to a State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and cannot be transferred to
the State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or
tribal agencies are as specified in paragraphs (c)(1) through (4) of
this section.

    (1) Approval of alternatives to the requirements in Sec. Sec.
63.541, 63.543 through 63.544, Sec.  63.545, and Sec.  63.546.
    (2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f), as defined in Sec.  63.90, and as required in
this subpart.
    (3) Approval of major alternatives to monitoring under Sec.
63.8(f), as defined in Sec.  63.90, and as required in this subpart.
    (4) Approval of major alternatives to recordkeeping and reporting
under Sec.  63.10(f), as defined in Sec.  63.90, and as required in
this subpart.

Sec.  63.552  Affirmative defense to civil penalties for exceedance of
emissions limit during malfunction.

    In response to an action to enforce the standards set forth in this
subpart, you may assert an affirmative defense to a claim for civil
penalties for exceedances of such standards that are caused by
malfunction, as defined at Sec.  63.2. Appropriate penalties may be
assessed, however, if you fail to meet your burden of proving all of
the requirements in the affirmative defense. The affirmative defense
shall not be available for claims for injunctive relief.
    (a) Affirmative defense. To establish the affirmative defense in
any action to enforce such a limit, you must timely meet the
notification requirements in paragraph (b) of this section, and must
prove by a preponderance of evidence that:
    (1) The excess emissions:
    (i) Were caused by a sudden, infrequent, and unavoidable failure of
air pollution control and monitoring equipment, process equipment, or a
process to operate in a normal or usual manner.
    (ii) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices.
    (iii) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for.
    (iv) Were not part of a recurring pattern indicative of inadequate
design, operation, or maintenance.
    (2) Repairs were made as expeditiously as possible when the
applicable emissions limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs.
    (3) The frequency, amount and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions.
    (4) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, personal injury, or severe property damage.
    (5) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment and human
health.
    (6) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices.
    (7) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs.
    (8) At all times, the affected source was operated in a manner
consistent with good practices for minimizing emissions.
    (9) A written root cause analysis has been prepared, the purpose of
which is to determine, correct, and eliminate the primary causes of the
malfunction and the excess emissions resulting from the malfunction
event at issue. The analysis shall also specify, using best monitoring
methods and engineering judgment, the amount of excess emissions that
were the result of the malfunction.
    (b) Notification. The owner or operator of the affected source
experiencing an exceedance of its emissions limit(s) during a
malfunction, shall notify the Administrator by telephone or facsimile
transmission as soon as possible, but no later than two business days
after the initial occurrence of the malfunction, it wishes to avail
itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense, shall also submit a written report to the Administrator within
45 days of the initial occurrence of the exceedance of the standard in
this subpart to demonstrate, with all necessary supporting
documentation, that it has met the requirements set forth in paragraph
(a) of this section. The owner or operator may seek an extension of
this deadline for up to 30 additional days by submitting a written
request to the Administrator before the expiration of the 45-day
period. Until a request for an extension has been approved by the
Administrator, the owner or operator is subject to the requirement to
submit such report within 45 days of the initial occurrence of the
exceedance.

                 Table 1 to Subpart X of Part 63--General Provisions Applicability to Subpart X
----------------------------------------------------------------------------------------------------------------
               Reference                             Applies to subpart X                       Comment
----------------------------------------------------------------------------------------------------------------
63.1...................................  Yes.                                          .........................
63.2...................................  Yes.                                          .........................
63.3...................................  Yes.                                          .........................
63.4...................................  Yes.                                          .........................
63.5...................................  Yes.                                          .........................
63.6(a), (b), (c)......................  Yes.                                          .........................
63.6(d)................................  No..........................................  Section reserved.
63.6(e)(1)(i)..........................  No..........................................  See 63.543(k) for general
                                                                                duty requirement.
63.6(e)(1)(ii).........................  No.                                           .........................
63.6(e)(1)(iii)........................  Yes.                                          .........................
63.6(e)(2).............................  No..........................................  Section reserved.
63.6(e)(3).............................  No.                                           .........................
63.6(f)(1).............................  No.                                           .........................
63.6(g)................................  Yes.                                          .........................
63.6(h)................................  No..........................................  No opacity limits in
                                                                                rule.
63.6(i)................................  Yes.                                          .........................
63.6(j)................................  Yes.                                          .........................
63.7(a)-(d)............................  Yes.                                          .........................
63.7(e)(1).............................  No..........................................  See 63.543(j).
63.7(e)(2)-(e)(4)......................  Yes.                                          .........................
63.7(f), (g), (h)......................  Yes.                                          .........................
63.8(a)-(b)............................  Yes.                                          .........................
63.8(c)(1)(i)..........................  No..........................................  See 63.543(k) for general
                                                                                duty requirement.

63.8(c)(1)(ii).........................  Yes.                                          .........................
63.8(c)(1)(iii)........................  No..........................................  .........................
63.8(c)(2)-(d)(2)......................  Yes.                                          .........................
63.8(d)(3).............................  Yes, except for last sentence.                .........................
63.8(e)-(g)............................  Yes.                                          .........................
63.9(a), (b), (c), (e), (g),             Yes.                                          .........................
 (h)(1)through (3), (h)(5) and (6), (i)
 and (j).
63.9(f)................................  No.                                           .........................
63.9(h)(4).............................  No..........................................  Reserved.
63.10 (a)..............................  Yes.                                          .........................
63.10 (b)(1)...........................  Yes.                                          .........................
63.10(b)(2)(i).........................  No.                                           .........................
63.10(b)(2)(ii)........................  No..........................................  See 63.550 for
                                                                                recordkeeping of
                                                                                occurrence and duration
                                                                                of malfunctions and
                                                                                recordkeeping of actions
                                                                                taken during
                                                                                malfunction.
63.10(b)(2)(iii).......................  Yes.                                          .........................
63.10(b)(2)(iv)-(b)(2)(v)..............  No.                                           .........................
63.10(b)(2)(vi)-(b)(2)(xiv)............  Yes.                                          .........................
63.(10)(b)(3)..........................  Yes.                                          .........................
63.10(c)(1)-(9)........................  Yes.                                          .........................
63.10(c)(10)-(11)......................  No..........................................  See 63.550 for
                                                                                recordkeeping of
                                                                                malfunctions.
63.10(c)(12)-(c)(14)...................  Yes.                                          .........................
63.10(c)(15)...........................  No.                                           .........................
63.10(d)(1)-(4)........................  Yes.                                          .........................
63.10(d)(5)............................  No..........................................  See 63.550(e)(11) for
                                                                                reporting of
                                                                                malfunctions.
63.10(e)-(f)...........................  Yes.                                          .........................
63.11..................................  No..........................................  Flares will not be used
                                                                                to comply with the
                                                                                emission limits.
63.12 to 63.15.........................  Yes.                                          .........................