facilities to increase the temperature of their existing afterburners
to ensure continuous compliance with the proposed standards.
    The estimated costs for the proposed change to the monitoring
requirements for baghouses, including installation of seven new BLDS
for existing baghouses, is $230,000 of capital cost and $84,000 total
annualized cost. The capital cost estimated for additional differential
pressure monitors for total enclosures is $97,000. The cost for all
additional monitoring and recordkeeping requirements, including the
baghouse monitoring proposed, is estimated at $1,016,000.
    The total annualized costs for the proposed rule are estimated at
$12.6 million (2009 dollars). Table 5 provides a summary of the
estimated costs and emissions reductions associated with the proposed
amendments to the Secondary Lead Smelting NESHAP presented in today's
action.

                Table 5--Estimated Costs and Reductions for the Proposed Standards in This Action
----------------------------------------------------------------------------------------------------------------
                                    Estimated    Estimated    Total HAP emissions   Cost effectiveness in $ per
        Proposed amendment           capital    annual cost    reductions  (tons      ton total HAP  reduction
                                   cost  ($MM)      ($MM)          per year)            (and in $ per pound)
----------------------------------------------------------------------------------------------------------------
Revised stack lead emissions               7.6          1.7  5.9 (of metal HAP)..  $0.3 MM per ton.
 limit.                                                                            ($150 per pound).
Total enclosure of fugitive                 40          6.6  5.5 (of metal HAP)..  $1.2 MM per ton.
 emissions sources.                                                                ($600 per pound).
Fugitive control work practices..            0          3.0  4.0 (of metal HAP)..  $0.8 MM per ton.
                                                                                ($400 per pound).
THC and D/F concentration limits.            0          0.3  \1\ 30.0............  $0.01 MM per ton.
Additional testing and monitoring          0.3          1.0  N/A.................  N/A.
----------------------------------------------------------------------------------------------------------------
\1\ Based on total organic HAP.

D. What are the economic impacts?

    We performed an economic impact analysis for secondary lead
consumers and producers nationally using the annual compliance costs
estimated for this proposed rule. The impacts to producers affected by
this proposed rule are annualized costs of less than 0.9 percent of
their revenues using the most current year available for revenue data.
Prices and output for secondary lead should increase by no more than
the impact on cost to revenues for producers, thus secondary lead
prices should increase by less than 0.9 percent. Hence, the overall
economic impact of this proposed rule should be low on the affected
industry and its consumers. For more information, please refer to the
Economic Impact Analysis for this proposed rulemaking that is available
in the public docket.

E. What are the benefits?

    The estimated reductions in lead emissions to meet the 2008 NAAQS
standards that will be achieved by this proposed rule would provide
benefits to public health, although we have not made a detailed
quantitative assessment of them. For example, as described in 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) populations aged less than age 7 would receive
significant benefits from reductions in lead exposure (in the form of
averted IQ loss among children less than 7 years of age).
    As noted in that RIA, there were also several other lead-related
health effects that EPA was unable to quantify--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 would be achieved with this proposed RTR for
secondary lead smelters are expected to provide significant benefits to
both children and adult populations, but these benefits cannot be
quantified due to resource and data limitations.
    In addition to the benefits likely to be achieved for lead
reductions, we also estimate that this proposed RTR rule will achieve
about 48 to 76 tons reductions in PM 2.5 emissions as a co-benefit of
the HAP reductions. These PM 2.5 reductions would result in an average
of about $8.6 to $13.6 million in benefits per year. Finally, the
proposed rule will provide human health benefits through reductions in
arsenic and cadmium emissions. We estimate that cancer cases from these
emissions would be reduced from 0.02 per year to 0.01 per year.

VI. Request for Comments

    We are soliciting comments on all aspects of this proposed action.
In addition to general comments on this proposed action, we are also
interested in any additional data that may help to reduce the
uncertainties inherent in the risk assessments and other analyses. We
are specifically interested in receiving corrections to the site-
specific emissions profiles used for risk modeling. Such data should
include supporting documentation in sufficient detail to allow
characterization of the quality and representativeness of the data or
information. Section VII of this preamble provides more information on
submitting data.

VII. Submitting Data Corrections

    The site-specific emissions profiles used in the source category
risk and demographic analyses are available for download on the RTR Web
page at: http://www.epa.gov/ttn/atw/rrisk/rtrpg.html. The data files
include detailed information for each HAP emissions release point for
the facility included in the source category.
    If you believe that the data are not representative or are
inaccurate, please identify the data in question, provide your reason
for concern, and provide any ``improved'' data that you have, if
available. When you submit data, we request that you provide
documentation of the basis for the revised values to support your
suggested changes. To submit comments on the data downloaded from the
RTR Web page, complete the following steps:
    1. Within this downloaded file, enter suggested revisions to the
data fields appropriate for that information. The data fields that may
be revised include the following:

------------------------------------------------------------------------
           Data element                          Definition
------------------------------------------------------------------------
Control Measure...................  Are control measures in place? (yes
                                     or no)
Control Measure Comment...........  Select control measure from list
                                     provided, and briefly describe the
                                     control measure.
Delete............................  Indicate here if the facility or
                                     record should be deleted.
Delete Comment....................  Describes the reason for deletion.
Emissions Calculation Method Code   Code description of the method used
 for Revised Emissions.              to derive emissions. For example,
                                     CEM, material balance, stack test,
                                     etc.
Emissions Process Group...........  Enter the general type of emissions
                                     process associated with the
                                     specified emissions point.
Fugitive Angle....................  Enter release angle (clockwise from
                                     true North); orientation of the y-
                                     dimension relative to true North,
                                     measured positive for clockwise
                                     starting at 0 degrees (maximum 89
                                     degrees).
Fugitive Length...................  Enter dimension of the source in the
                                     east-west (x-) direction, commonly
                                     referred to as length (ft).
Fugitive Width....................  Enter dimension of the source in the
                                     north-south (y-) direction,
                                     commonly referred to as width (ft).
Malfunction Emissions.............  Enter total annual emissions due to
                                     malfunctions (tpy).
Malfunction Emissions Max Hourly..  Enter maximum hourly malfunction
                                     emissions here (lb/hr).
North American Datum..............  Enter datum for latitude/longitude
                                     coordinates (NAD27 or NAD83); if
                                     left blank, NAD83 is assumed.
Process Comment...................  Enter general comments about process
                                     sources of emissions.
REVISED Address...................  Enter revised physical street
                                     address for MACT facility here.
REVISED City......................  Enter revised city name here.
REVISED County Name...............  Enter revised county name here.
REVISED Emissions Release Point     Enter revised Emissions Release
 Type.                               Point Type here.
REVISED End Date..................  Enter revised End Date here.
REVISED Exit Gas Flow Rate........  Enter revised Exit Gas Flowrate here
                                     (ft\3\/sec).
REVISED Exit Gas Temperature......  Enter revised Exit Gas Temperature
                                     here (F).
REVISED Exit Gas Velocity.........  Enter revised Exit Gas Velocity here
                                     (ft/sec).
REVISED Facility Category Code....  Enter revised Facility Category Code
                                     here, which indicates whether
                                     facility is a major or area source.
REVISED Facility Name.............  Enter revised Facility Name here.
REVISED Facility Registry           Enter revised Facility Registry
 Identifier.                         Identifier here, which is an ID
                                     assigned by the EPA Facility
                                     Registry System.
REVISED HAP Emissions Performance   Enter revised HAP Emissions
 Level Code.                         Performance Level here.
REVISED Latitude..................  Enter revised Latitude here (decimal
                                     degrees).
REVISED Longitude.................  Enter revised Longitude here
                                     (decimal degrees).
REVISED MACT Code.................  Enter revised MACT Code here.
REVISED Pollutant Code............  Enter revised Pollutant Code here.
REVISED Routine Emissions.........  Enter revised routine emissions
                                     value here (tpy).
REVISED SCC Code..................  Enter revised SCC Code here.
REVISED Stack Diameter............  Enter revised Stack Diameter here
                                     (ft).
REVISED Stack Height..............  Enter revised Stack Height here
                                     (ft).
REVISED Start Date................  Enter revised Start Date here.
REVISED State.....................  Enter revised State here.
REVISED Tribal Code...............  Enter revised Tribal Code here.
REVISED Zip Code..................  Enter revised Zip Code here.

Shutdown Emissions................  Enter total annual emissions due to
                                     shutdown events (tpy).
Shutdown Emissions Max Hourly.....  Enter maximum hourly shutdown
                                     emissions here (lb/hr).
Stack Comment.....................  Enter general comments about
                                     emissions release points.
Startup Emissions.................  Enter total annual emissions due to
                                     startup events (tpy).
Startup Emissions Max Hourly......  Enter maximum hourly startup
                                     emissions here (lb/hr).
Year Closed.......................  Enter date facility stopped
                                     operations.
------------------------------------------------------------------------

    2. Fill in the commenter information fields for each suggested
revision (i.e., commenter name, commenter organization, commenter e-
mail address, commenter phone number, and revision comments).
    3. Gather documentation for any suggested emissions revisions
(e.g., performance test reports, material balance calculations).
    4. Send the entire downloaded file with suggested revisions in
Microsoft[supreg] Access format and all accompanying documentation to
Docket ID Number EPA-HQ-OAR-2011-0344 (through one of the methods
described in the ADDRESSES section of this preamble). To expedite
review of the revisions, it would also be helpful if you submitted a
copy of your revisions to the EPA directly at<EMAIL_ADDRESS>in addition
to submitting them to the docket.
    5. If you are providing comments on a facility, you need only
submit one file for that facility, which should contain all suggested
changes for all sources at that facility. We request that all data
revision comments be submitted in the form of updated Microsoft[supreg]
Access files, which are provided on the RTR Web Page at: http://www.epa.gov/ttn/atw/rrisk/rtrpg.html.

VIII. Statutory and Executive Order Reviews

A. Executive Order 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 because it raises novel legal
and policy issues. Accordingly, EPA submitted this action to the Office
of Management and Budget (OMB) for review under Executive Orders 12866
and 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 EPA has been
assigned EPA ICR number 1856.07. 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 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 proposing new paperwork requirements to the Secondary Lead
Smelting source category in the form of increased frequency for stack
testing as described in 40 CFR 63.540(f)-(h). More specifically, we are
proposing the elimination of the provisions allowing reduced stack
testing for lead and the addition of annual stack testing for THC and
stack testing every 5 years for dioxins and furans. In conjunction with
setting THC limits for reverberatory, electric, and rotary 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. Additionally, increased
monitoring is required for demonstrating negative pressure in all total
enclosures if this compliance option is selected. If the lead
concentration in air limit is chosen, additional monitoring and
recordkeeping will be required. Bag leak detection monitors will be
required for HEPA filtration systems where no BLDS are currently
installed. We estimate a total of seven new BLDS will be required as a
result of this proposed rule at an estimated capital cost of $230,000.
    For this proposed rule, EPA is adding affirmative defense to the
estimate of burden in the ICR. 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, 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. 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 EPA. 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 EPA has no basis currently for estimating the
number of malfunctions that would qualify for an affirmative defense.
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
avail themselves of 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 14 regulated
entities are currently subject to subpart X and will be subject to all
proposed 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 $1.01 million per year.
This includes 4,200 labor hours per year at a total labor cost of
$330,000 per year, and total non-labor capital and operation and
maintenance (O&M) costs of $690,000 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 1,300 hours per year at a total labor
cost of $67,000 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 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.
    To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, EPA has established a public docket for
this rule, which includes this ICR, under Docket ID number EPA-HQ-OAR-
2011-0344. Submit any comments related to the ICR to EPA and OMB. See
the ADDRESSES section at the beginning of this notice for where to
submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Office for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after May 19, 2011, a comment to OMB is best
assured of having its full effect if OMB receives it by June 20, 2011.
The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.

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 proposed 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 proposed rule). After considering the
economic impacts of today's proposed rule on small entities, I certify
that this action will not have a significant economic impact on a
substantial number of small entities. One of the six parent companies
affected is considered a small entity per the definition provided in
this section. However, we estimate that this proposed action will not
have a significant economic impact on that company. The impact of this
proposed action on this company will be an annualized compliance cost
of less than one percent of its revenues. (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 proposed rule will not have a significant economic impact
on a substantial number of small entities, EPA nonetheless has tried to
reduce the impact of this rule on small entities. To reduce the
impacts, we are proposing an alternative option to enclosure standards
to address fugitive emissions in order to allow companies flexibility
on how best to minimize fugitive emissions at their facilities most
efficiently. Moreover, we are proposing stack limits that are based on
a weighted average approach (as described in Sections V.C and V.D of
this preamble) and have been established at the least stringent levels
that we estimate will still result in acceptable risks to public
health. Thus, the proposed stack limits are based on the least costly
approach that will still provide an ample margin of safety for human
health and the environment. In addition, the proposed 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
proposed standards. For more information, please refer to the small
business analysis that is in the docket. We continue to be interested
in the potential impacts of the proposed rule on small entities and
welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This proposed rule 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 proposed rule 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 proposed rule
imposes no enforceable duties on any State, local or Tribal governments
or the private sector. Thus, this proposed rule is not subject to the
requirements of sections 202 or 205 of the UMRA.
    This proposed rule 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 proposed rule 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. None of the facilities subject to this action
are owned or operated by State governments, and, because no new
requirements are being promulgated, nothing in this proposed rule will
supersede State regulations. Thus, Executive Order 13132 does not apply
to this proposed rule.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.

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

    This proposed rule does not have Tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 9, 2000). Thus,
Executive Order 13175 does not apply to this action.
    EPA specifically solicits additional comment on this proposed
action from Tribal officials.

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

    This proposed rule 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. Modeled ambient air lead
concentrations from about 10 of the 14 facilities in this source
category are in excess of the NAAQS for lead, which was set to
``provide increased protection for children and other at-risk
populations against an array of adverse health effects, most notably
including neurological effects in children, including neurocognitive
and neurobehavioral effects'' (73 FR 67007). However, the control
measures proposed in this notice will result in lead concentration
levels at or below the lead NAAQS at all facilities, thereby mitigating
the risk of adverse health effects to children.
    The public is invited to submit comments or identify peer-reviewed
studies and data that assess effects of early life exposure to lead,
arsenic, or cadmium.

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 under
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because it is not likely to have significant
adverse effect on the supply, distribution, or use of energy. This
action will not create any new requirements and therefore no additional
costs for sources in the energy supply, distribution, or use sectors.

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 (15 U.S.C. 272 note),
directs 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,
business practices) that are developed or adopted by voluntary
consensus standards bodies. NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable VCS.
    This proposed rulemaking involves technical standards. EPA proposes
to use 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 and ASTM D6420-99 (2004) as an acceptable
alternative to EPA Method 18. EPA has also decided to use EPA Methods
1, 2, 3, 3A, 3B, 4, 5D, 23, a Procedure in Subpart X to measure doorway
in-draft, and a method for measuring lead in ambient air (i.e., 40 CFR
Part 50 Appendix G). Although the Agency has identified 16 VCS as being
potentially applicable to these methods cited in this rule, we have
decided not to use these standards in this proposed rulemaking. The use
of these VCS would have been impractical because they do not meet the
objectives of the standards cited in this rule. The search and review
results are in the docket for this proposed rule.
    EPA welcomes comments on this aspect of this proposed rulemaking
and, specifically, invites the public to identify potentially-
applicable voluntary consensus standards and to explain why such
standards should be used in this regulation.
    Under section 63.7(f) and section 63.8(f) of Subpart A of the
General Provisions, a source may apply to 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 proposed 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.
    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 methods used to conduct demographic analyses for this
rule are described in Section III.B of this preamble. The development
of demographic analyses to inform the consideration of environmental
justice issues in EPA rulemakings is an evolving science. EPA offers
the demographic analyses in today's proposed rulemaking as examples of
how such analyses might be developed to inform such consideration, and
invites public comment on the approaches used and the interpretations
made from the results, with the hope that this will support the
refinement and improve utility of such analyses.
    In the case of Secondary Lead Smelting, we focused on populations
within 50 km of the 14 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
Section IV of this preamble (see Table 4 of this preamble), as well as
in a technical report located in the docket for this proposed
rulemaking.
    As described in Section IV of this preamble, with regard to cancer
risks, there are some potential disproportionate impacts to some
minority populations due to emissions of arsenic and cadmium from this
source category. However, with regard to lead, the analysis does not
indicate significant disproportionate impacts. Nevertheless, the
proposed actions in today's notice will significantly decrease the
risks due to HAP emissions from this source category and mitigate any
disproportionate risks due to those emissions.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Incorporation by
reference, Lead, Reporting and recordkeeping requirements.

    Dated: April 29, 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 proposed to be amended
as follows:

PART 63--[AMENDED]

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

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

    2. Part 63 is amended by revising 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 process 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 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 60--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 equipment or processes at a secondary lead smelter:
Blast, reverberatory, rotary, and electric furnaces; refining kettles;
agglomerating furnaces; dryers; process fugitive emissions sources; and
fugitive dust sources. The provisions of this subpart do not apply to
primary lead smelters, lead refiners, or lead remelters.
    (b) Table 1 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:
    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 [deg]C) that lead compounds are
chemically reduced to elemental lead metal.
    Blast furnace charging location means the physical opening through
which raw materials are introduced into a blast furnace.
    Collocated blast furnace and reverberatory furnace means operation
at the same location of a blast furnace and a reverberatory furnace
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 [deg]C) that lead compounds are reduced
to elemental lead metal.
    Enclosure hood means a hood that covers a process fugitive emission
source on the top and on all sides, with openings only for access to
introduce or remove materials to or from the source and through which
an induced flow of air is ventilated.
    Fugitive dust source means a stationary source of hazardous air
pollutant emissions at a secondary lead smelter that is not associated
with a specific process or process fugitive vent or stack. Fugitive
dust sources include, but are not limited to, roadways, storage piles,
materials handling transfer points, materials transport areas, storage
areas, process areas, and buildings.
    Furnace and refining/casting area means any area of a secondary
lead smelter in which:
    (1) Smelting furnaces are located; or
    (2) Refining operations occur; or
    (3) Casting operations occur.
    Lead alloy means an alloy in which the predominant component is
lead.
    Maintenance activity means any of the following routine maintenance
and repair activities that generate fugitive lead dust:

    (1) Replacement or repair of refractory, filter bags, 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 piles, bins,
or tubs, and areas in which material is prepared for charging to a
smelting furnace.
    Partial enclosure means a structure comprised of walls or
partitions on at least three sides or three-quarters of the perimeter
surrounding stored materials or process equipment to prevent the
entrainment of particulate matter into the air.
    Pavement cleaning means the use of vacuum equipment, water sprays,
or a combination thereof to remove dust or other accumulated material
from the paved areas of a secondary lead smelter.
    Plant roadway means any area of a secondary lead smelter that is
subject to vehicle traffic, including traffic by 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
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, building vents, 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 [deg]C) that lead
compounds are chemically reduced to elemental lead metal.
    Rotary furnace (also known as a rotary reverberatory furnace) means
a furnace consisting of a refractory-lined chamber that rotates about a
horizontal axis and that uses one or more flames to heat the walls of
the furnace and lead-bearing scrap to such a temperature (greater than
980 [deg]C) that lead compounds are chemically reduced to elemental
lead metal.
    Secondary lead smelter means any facility at which lead-bearing
scrap material, primarily, but not limited to, lead-acid batteries, is
recycled into elemental lead or lead alloys by smelting.
    Smelting means the chemical reduction of lead compounds to
elemental lead or lead alloys through processing in high-temperature
(greater than 980 [deg]C) furnaces including, but not limited to, blast
furnaces, reverberatory furnaces, rotary furnaces, and electric
furnaces.
    Total enclosure means a roofed and walled structure with limited
openings to allow access and egress for people and vehicles that meets
the requirements of Sec.  265.1101(a)(1), (a)(2)(i), and (c)(1)(i).
    Vehicle wash means a device for removing dust and other accumulated
material from the wheels, body, and underside of a vehicle to prevent
the inadvertent transfer of lead contaminated material to another area
of a secondary lead smelter or to public roadways.
    Wet suppression means the use of water, water combined with a
chemical surfactant, or a chemical binding agent to prevent the
entrainment of dust into the air from fugitive dust sources.

Sec.  63.543  What are my standards for process vents?

    (a) 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 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.
    (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] TP19MY11.000

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.
    (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 must be used rather than the
most recent compliance test data.
    (b) You must meet the applicable emissions limits for total
hydrocarbons and dioxins and furans from furnace sources specified in
Table 2 of this subpart.
    (c) 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.
[GRAPHIC] [TIFF OMITTED] TP19MY11.001

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 lead in furnace
vent i as specified in Table 2 of this subpart.

    (d) 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 (b) of this section at a location downstream from the point
at which the two emissions streams are combined.
    (e) 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.
    (f) Following the initial performance or compliance test to
demonstrate compliance with the lead emissions limits specified in
paragraph (a) of this section, you must 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 and continuous emissions rate monitoring
system meeting the requirements of Sec.  63.548(m).
    (g) Following the initial performance or compliance test to
demonstrate compliance with the total hydrocarbons emissions limits in
paragraphs (b) and (e) of this section, you must conduct an annual
performance test for total hydrocarbons emissions from each process
vent (no later than 12 calendar months following the previous
compliance test).
    (h) Following the initial performance or compliance test to
demonstrate compliance with the dioxins and furans emissions limits
specified in paragraph (b) of this section, you must conduct a
performance test for dioxins and furans emissions at least once every 5
years following the previous compliance test.
    (i) You must conduct the performance tests specified in paragraphs
(f) through (h) of this section under such conditions as the
Administrator specifies based on representative performance of the
affected source for the period being tested. Upon request, you must
make available to the Administrator such records as may be necessary to
determine the conditions of performance tests.
    (j) 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.
    (k) 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 prior to
introducing feed into a blast furnace.

Sec.  63.544  What are my process enclosure standards?

    (a) Except as provided in paragraph (d) of this section, you must
locate the fugitive emissions sources listed in paragraphs (a)(1)
through (a)(9) of this section in a total enclosure that is maintained
at negative pressure at all times. The total enclosure must meet the
requirements specified in paragraphs (b)(1) and (b)(2) 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
(drosses, slag, other raw materials), excluding areas where unbroken
lead acid batteries and finished lead products are stored.
    (9) Areas where dust from fabric filters, sweepings or used fabric
filters are handled or processed.
    (b) You must construct and operate total enclosures for the sources
listed in paragraph (a) of this section as specified in paragraphs
(b)(1) and (b)(2) of this section.
    (1) You must ventilate the total enclosure continuously to ensure
negative pressure values of at least 0.02 mm of mercury (0.011 inches
of water).
    (2) You must maintain the in-draft velocity of the total enclosure
at greater than or equal to 300 feet per minute at any opening
including, but not limited to, vents, windows, passages, doorways, bay
doors and roll-ups doors.
    (c) 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 72 hours
of identification unless you obtain approval for an extension from the
Administrator before the repair period is exceeded.
    (d) As an alternative to the requirements specified in paragraphs
(a) through (c) of this section, you can elect to demonstrate
compliance by meeting the requirements of (d)(1) through (d)(4) of this
section.
    (1) You must install compliance monitors on or near the plant
property boundary, at locations approved by the Administrator, to
demonstrate that the lead concentration in air is at all times
maintained below a 3-month rolling average value of 0.15 [micro]g/m\3\
at each monitor. This must include at least two such monitors and at
least one of these monitors must be in a location that is expected to
have the highest air concentrations at or near the facility boundary
based on ambient dispersion modeling or other methods approved by the
Administrator.
    (2) You must control the process fugitive emission sources listed
in paragraphs (d)(2)(i) through (d)(2)(vi) of this section in
accordance with the equipment and operational standards presented in
paragraphs (d)(3) through (d)(8) of this section.
    (i) Smelting furnace and dryer charging hoppers, chutes, and skip
hoists.
    (ii) Smelting furnace lead taps, and molds during tapping.
    (iii) Smelting furnace slag taps, and molds during tapping.
    (iv) Refining kettles.
    (v) Dryer transition pieces.
    (vi) Agglomerating furnace product taps.
    (3) Process fugitive emission sources must be equipped with an
enclosure hood meeting the requirements of (d)(3)(i), (d)(3)(ii), or
(d)(3)(iii) of this section.
    (i) All process fugitive enclosure hoods except those specified for
refining kettles and dryer transition pieces must be ventilated to
maintain a face velocity of at least 90 meters per minute (300 feet per
minute) at all hood openings.
    (ii) Process fugitive enclosure hoods required for refining kettles
must be ventilated to maintain a face velocity of at least 75 meters
per minute (250 feet per minute).
    (iii) Process fugitive enclosure hoods required over dryer
transition pieces must be ventilated to maintain a face velocity of at
least 110 meters per minute (350 feet per minute).
    (iv) Ventilation air from all enclosure hoods must be conveyed to a
control device meeting the applicable requirements of Sec.  63.543.
    (4) As an alternative to paragraph (d)(3)(iii) of this section, you
may elect to control the process fugitive emissions from dryer
transition pieces by installing and operating pressurized dryer
breaching seals at each transition piece.
    (5) For the battery breaking area, partial enclosure of storage
piles, wet suppression applied to storage piles with sufficient
frequency and quantity to prevent the formation of dust, and pavement
cleaning twice per day.
    (6) For the furnace area, partial enclosure and pavement cleaning
twice per day.
    (7) For the refining and casting area, partial enclosure and
pavement cleaning twice per day.
    (8) For the materials storage and handling area, partial enclosure
of storage piles, wet suppression applied to storage piles with
sufficient frequency and quantity to prevent the formation of dust.

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 (a)(8) of this section.
    (1) Plant roadways.
    (2) Plant buildings.
    (3) Plant building exteriors.
    (4) Accidental releases.
    (5) Battery storage area.
    (6) Equipment maintenance areas.
    (7) Material storage areas.
    (8) Material handling areas.
    (b) You must submit the standard operating procedures manual to the
Administrator or delegated authority for review and approval.
    (c) The controls specified in the standard operating procedures
manual must at a minimum include the requirements specified in
paragraphs (c)(1) through (c)(8) of this section, unless you satisfy
the requirements specified in paragraph (f) 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. If you use a mobile vacuum sweeper for
pavement cleaning, the sweeper must meet the requirements specified in
paragraphs (c)(2)(i) or (c)(2)(ii) of this section.
    (i) If the vacuum sweeper uses water flushing followed by sweeping,
the water flush must use a minimum application of 0.48 gallons of water
per square yard of pavement cleaned.
    (ii) The vacuum sweeper must be equipped with a filter rated by the
manufacturer to achieve a capture efficiency of 99.97 for 0.3 micron
particles.
    (3) Plant building exterior. For all buildings that house areas
associated with storage, handling, or processing of lead bearing
materials, you must perform a monthly cleaning of building rooftops on
structures that are less than 45 feet in height and quarterly cleaning
of buildings that are greater than 45 feet in height.
    (4) Accidental releases. You must initiate cleaning of all affected
areas within one hour after any accidental release of lead dust.
    (5) Battery storage areas. You must inspect any unenclosed battery
storage areas twice each day and immediately move any broken batteries
identified to an enclosure. You must clean residue from broken
batteries within one hour of identification.
    (6) 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. You must collect
all wash water and store the wash water in a container that is not open
to the atmosphere if the wash water is not immediately sent to
treatment.
    (7) Equipment maintenance. You must perform all maintenance
activities for any equipment potentially contaminated with lead bearing
material or lead dust inside an enclosure maintained at negative
pressure. You must conduct any maintenance activity that cannot be
conducted in a negative pressure enclosure due to physical constraints
or safety issues inside a partial or temporary enclosure and use wet
suppression and/or a vacuum system equipped with a filter rated by the
manufacturer to achieve a capture efficiency of 99.97 percent for 0.3
micron particles.
    (8) Material transport. You must transport all lead bearing
materials including, but not limited to, furnace

charging material, baghouse dust, slag and any material generated from
cleaning activities, capable of generating any amount of fugitive lead
dust within closed conveyor systems or in sealed, leak-proof containers
unless the transport activities are contained within an enclosure.
    (d) Your standard operating procedures manual must specify that
records be maintained of all pavement cleaning, vehicle washing, wet
suppression, exterior building cleaning, 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).
    (f) As an alternative to the requirements specified in paragraphs
(c)(1) through (c)(8) of 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 paragraphs (c)(1) through (c)(8) of 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 [DATE
TWO YEARS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE
FEDERAL REGISTER].
    (b) For affected sources that commenced construction or
reconstruction after May 19, 2011, you must demonstrate compliance with
the requirements of this subpart by [DATE TWO YEARS AFTER THE DATE OF
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER] 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 (a)(5) of this section to determine
compliance with the emissions standards for lead compounds specified in
Sec.  63.543(a).
    (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 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 (b)(4) of this section, as
specified, to determine compliance with the emissions standards for
total hydrocarbons specified in Sec.  63.543(b) and (e).
    (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
(c)(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] TP19MY11.002

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 (d)(5) of this section, as
specified, to determine compliance with the emissions standards for
dioxins and furans specified in Sec.  63.543(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 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 (e)(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] TP19MY11.003

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.
    (f) You must determine compliance with the doorway in-draft
requirement for enclosed buildings in Sec.  63.544(b) using the
procedures specified in paragraphs (f)(1) through (f)(3) of this
section.
    (1) You must use a propeller anemometer or equivalent device
meeting the requirements of paragraphs (f)(1)(i) through (f)(1)(iii) of
this section.
    (i) The propeller of the anemometer must be made of a material of
uniform density and must be properly balanced to optimize performance.
    (ii) The measurement range of the anemometer must extend to at
least 300 meters per minute (1,000 feet per minute).
    (iii) A known relationship must exist between the anemometer signal
output and air velocity, and the anemometer must be equipped with a
suitable readout system.
    (2) You must determine the doorway in-draft by placing the
anemometer in the plane of the doorway opening near its center.
    (3) You must demonstrate the doorway in-draft for each doorway that
is open during normal operation with all other doorways remaining in
the position they are in during normal operation.
    (g) If you comply with the requirements specified in Sec.
63.544(d)(1), you must use the EPA method at 40 CFR part 50, appendix G
to measure the concentration of lead in air.
    (h) If you comply with the requirements specified in Sec.
63.544(d)(2) and (d)(3) for enclosure hoods, you must determine
compliance with the face velocity requirements by using the test
methods in paragraph (h)(1) or (h)(2) of this section.
    (1) Calculate face velocity using the procedures in paragraphs
(h)(1)(i) through (h)(1)(iv) of this section.
    (i) Method 1 at 40 CFR part 60, appendix A-1 must be used to select
the sampling port location in the duct leading from the process
fugitive enclosure hood to the control device.
    (ii) Method 2 at 40 CFR part 60, appendix A-1 must be used to
measure the volumetric flow rate in the duct from the process fugitive
enclosure hood to the control device.
    (iii) The face area of the hood must be determined from measurement
of the hood. If the hood has access doors, then the face area must be
determined with the access doors in the position they are in during
normal operating conditions.
    (iv) Face velocity must be determined by dividing the volumetric
flow rate as determined in paragraph (h)(1)(ii) of this section by the
total face area for the hood determined in paragraph (h)(2)(iii) of
this section.
    (2) The face velocity may be measured directly using the procedures
in paragraphs (h)(2)(i) through (h)(2)(v) of this section.
    (i) A propeller anemometer or equivalent device must be used to
measure hood face velocity.
    (ii) The propeller of the anemometer must be made of a material of
uniform density and must be properly balanced to optimize performance.
    (iii) The measurement range of the anemometer must extend to at
least 300 meters per minute (1,000 feet per minute).
    (iv) A known relationship must exist between the anemometer signal
output and air velocity, and the anemometer must be equipped with a
suitable readout system.
    (v) Hood face velocity must be determined for each hood open during
normal operation by placing the anemometer in the plane of the hood
opening. Access doors must be positioned consistent with normal
operation.

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 (c)(9)
of this section.
    (1) Daily monitoring of pressure drop across each baghouse cell.
    (2) Weekly confirmation that dust is being removed from hoppers
through visual inspection, or equivalent means of ensuring the proper
functioning of removal mechanisms.
    (3) Daily check of compressed air supply for pulse-jet baghouses.
    (4) An appropriate methodology for monitoring cleaning cycles to
ensure proper operation.
    (5) Monthly check of bag cleaning mechanisms for proper functioning
through visual inspection or equivalent means.
    (6) Monthly check of bag tension on reverse air and shaker-type
baghouses. Such checks are not required for shaker-type baghouses using
self-tensioning (spring loaded) devices.
    (7) Quarterly confirmation of the physical integrity of the
baghouse through visual inspection of the baghouse interior for air
leaks.
    (8) Quarterly inspection of fans for wear, material buildup, and
corrosion through visual inspection, vibration detectors, or equivalent
means.
    (9) Continuous operation of a bag leak detection system, unless a
system meeting the requirements of paragraph (m) of this section, for a
CEMS and continuous emissions rate monitoring system is installed for
monitoring the concentration of lead.
    (d) The procedures you specified 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 (e)(8) of this section.
    (1) The bag leak detection system must be certified by the
manufacturer to be capable of detecting particulate matter emissions at
concentrations of 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)
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 (f)(2)(vi) of this
section.
    (i) Inspecting the baghouse for air leaks, torn or broken filter
elements, or any other malfunction that may cause an increase in
emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media, or otherwise
repairing the control device.
    (iv) Sealing off a defective baghouse compartment.
    (v) Cleaning the bag leak detection system probe, or otherwise
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate emissions.
    (g) If you use a wet scrubber to control particulate matter and
metal hazardous air pollutant emissions from an affected source 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). 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.
    (h) You must comply with the requirements specified in paragraphs
(h)(1) through (h)(5) of this section to demonstrate continuous
compliance with the total hydrocarbons and dioxins and furans emissions
standards.
    (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 subpart A of
this part.
    (2) Prior to or in conjunction with the initial performance or
compliance test to determine compliance with Sec.  63.543(b), 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 (h)(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
(h)(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]C (50 [deg]F) below
the average established in paragraph (h)(3) of this section.
    (i) You must install, operate, and maintain a digital differential
pressure monitoring system to continuously monitor each total enclosure
as described in paragraphs (i)(1) through (i)(6) 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 mm mercury (0.005 to 0.11
inches of water) with a minimum accuracy of plus or minus 0.001 mm
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.
    (6) You must equip the digital differential pressure monitoring
system with a backup, uninterruptible power supply to ensure continuous
operation of the monitoring system during a power outage.
    (j) You must monitor the doorway in-draft velocity at each building
opening once per day to demonstrate continuous compliance with the in-
draft requirements in Sec.  63.544(b)(2).
    (k) If you comply with the requirements specified in Sec.
63.544(d), you must comply with the requirements specified in
paragraphs (k)(1) through (3) of this section.
    (1) You must install, operate and maintain a continuous monitoring
system for the measurement of lead compound concentrations in air as
specified in paragraphs (k)(1)(i) through (k)(1)(v) of this section.
    (i) You must operate a minimum of two compliance monitors
sufficient in location and frequency of sample collection to detect
expected maximum concentrations of lead compounds in air due to
emissions from the affected source(s) in accordance with a written plan
as described in paragraph (k)(1)(ii) of this section and approved by
the Administrator. The plan must include descriptions of the sampling
and analytical methods used. The plan may take into consideration
existing monitoring being conducted under a State monitoring plan in
accordance with 40 CFR part 58. At least one 24-hour sample must be
collected from each monitor every 6 days except during periods or
seasons exempted by the Administrator.
    (ii) You must submit a written plan describing and explaining the
basis for the design and adequacy of the compliance monitoring network,
the sampling, analytical, and quality assurance procedures, and any
other related procedures, and the justification for any seasonal,
background, or other data adjustments within 45 days after the
effective date of this subpart.
    (iii) The Administrator at any time may require changes in, or
expansion of, the monitoring program, including additional sampling
and, more frequent sampling, revisions to the analytical protocols and
network design.
    (iv) If all rolling 3-month average concentrations of lead in air
measured by the compliance monitoring system are less than 50 percent
of the lead concentration limits specified in Sec.  63.544(d)(1) for 3
consecutive years, you may submit a proposed revised plan to reduce the
monitoring sampling and analysis frequency to the Administrator for
review. If approved by the Administrator, you may adjust your
monitoring accordingly.
    (v) For any subsequent period, if any rolling 3-month average lead
concentration in air measured at any monitor in the monitoring system
exceeds 50 percent of the concentration limits specified in Sec.
63.544(d)(1), you must resume monitoring pursuant to paragraph
(k)(1)(i) of this section at all monitors until another 3 consecutive
years of lead concentration measurements is demonstrated to be less
than 50 percent of the lead concentration limits specified in Sec.
63.544(d)(1).
    (2) You must monitor the enclosure hood face velocity at each hood
once per week to demonstrate continuous compliance with the in-draft
requirements in Sec.  63.544(d)(3).
    (3) If you use pressurized dryer breaching seals in order to comply
with the requirements of Sec.  63.544(d)(4), you must equip each seal
with an alarm that will ``sound'' or ``go off'' if the pressurized
dryer breaching seal malfunctions.
    (l) All new or modified sources subject to the requirements under
Sec.  63.543 must install, calibrate, maintain, and operate a CEMS for
measuring lead emissions and a continuous emissions rate monitoring
system subject to Performance Specification 6 of appendix B to part 60
of this chapter. You must comply with the requirements for CEMS and
continuous emissions rate monitoring system specified in paragraph (m)
of this section.
    (1) Sources subject to the emissions limits for lead compounds
under Sec.  63.543(a) must install a CEMS for measuring lead emissions
within 180 days of promulgation of performance specifications for lead
CEMS.
    (2) Prior to promulgation of performance specifications for CEMS
used to measure lead concentrations, you must use the procedure
described in Sec.  63.543(a)(1) through (a)(4) to determine compliance.
    (m) If a CEMS is used to measure lead emissions, you must install a
continuous emissions rate 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 rate 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 rate 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 rate 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 rate 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) You must calculate the average lead concentration and flow rate
monthly to determine compliance with Sec.  63.543(a).
    (6) When the continuous emissions rate 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 of

subpart A, General Provisions. Electronic notifications are encouraged
when possible.
    (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
[DATE ONE YEAR AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER]. For sources that commenced construction or reconstruction
after [INSERT THE DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER], you must submit this notification no later than 180 days
before startup of the constructed or reconstructed secondary lead
smelter, but no sooner than [DATE OF PUBLICATION OF THE FINAL RULE IN
THE FEDERAL REGISTER]. For an affected source that has received a
construction permit from the Administrator or delegated authority on or
before [INSERT DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER], you must submit this notification no later than [DATE ONE
YEAR AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].

Sec.  63.550  Recordkeeping and reporting requirements.

    (a) You must comply with all of the recordkeeping and reporting
requirements specified in Sec.  63.10 of the General Provisions 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 is encouraged, and
required for some records and reports.
    (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.
63.545(a) and Sec.  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 (c)(15) 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(g).
    (5) Electronic records of the output from the continuous
temperature monitor required in Sec.  63.548(h)(1), and an
identification of periods when the 3-hour average temperature fell
below the minimum established under Sec.  63.548(h)(3), and an
explanation of the corrective actions taken.
    (6) Electronic records of the continuous pressure monitors for
total enclosures required in Sec.  63.548(i), and an identification of
periods when the pressure was not maintained as required in Sec.
63.544(b)(1).
    (7) Records of the daily measurements of doorway in-draft velocity
required in Sec.  63.548(j), and an identification of the periods when
the velocity was not maintained as required in Sec.  63.544(b)(2).
    (8) Records of the inspections of facility enclosures required in
Sec.  63.544(c).
    (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) Records of the compliance monitoring required in Sec.
63.548(k)(1), if applicable.
    (11) Records of the face velocity measurements required in Sec.
63.548(k)(2), if applicable, and an identification of periods when the
face velocity was not maintained as required in Sec.  63.544(d)(2) and
(d)(3).
    (12) Records of the dryer breaching seal alarms required in Sec.
63.548(k)(3).
    (13) Electronic records of the output of any CEMS installed to
monitor lead emissions meeting the requirements of Sec.  63.548(m).
    (14) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control
equipment and monitoring equipment.
    (15) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec.  63.543(j), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
    (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 (e)(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).
    (2) Records of all alarms from the bag leak detection system
specified in Sec.  63.548.
    (3) A description of the procedures taken following each bag leak
detection system alarm pursuant to Sec.  63.548(f)(1) and (2).
    (4) A summary of the records maintained as part of the practices
described in the standard operating procedures manual for baghouses
required under Sec.  63.548(a), including an explanation of the periods
when the procedures were not followed and the corrective actions taken.
    (5) An identification of the periods when the pressure drop and
water flow rate of wet scrubbers used to control process fugitive
sources dropped below the levels established in Sec.  63.548(g), and an
explanation of the corrective actions taken.
    (6) Records of the temperature monitor output, in 3-hour block
averages, for those periods when the temperature monitored pursuant to
Sec.  63.548(h) fell below the level established in Sec.  63.548(h)(4).
    (7) Certification that the plastic separation process for battery
breakers required in Sec.  63.543(k) was operated at all times the
battery breaker was in service.

    (8) Records of periods when the pressure was not maintained as
required in Sec.  63.544(b)(1), or the in-draft velocity was not
maintained as required in Sec.  63.544(b)(2).
    (9) 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
by an owner or operator during a malfunction of an affected source to
minimize emissions in accordance with Sec.  63.543(j), including
actions taken to correct a malfunction.
    (10) 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).
    (11) If you comply with the requirements in Sec.  63.544(d)(1), you
must provide records of all results of air monitoring required in Sec.
63.548(k)(1).
    (12) Records of periods when the enclosure hood face velocity was
not maintained as required in Sec.  63.544(d)(3).
    (13) Records of the dryer seal breaching alarms required in Sec.
63.548(k)(3).
    (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 paragraphs (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 paragraphs
(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 (c)(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 for 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 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
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart X             Comment
------------------------------------------------------------------------
63.1..........................  Yes.               .....................
63.2..........................  Yes.               .....................
63.3..........................  Yes.               .....................
63.4..........................  Yes.               .....................
63.5..........................  Yes.               .....................
63.6(a), (b), (c).............  Yes.               .....................
63.6(d).......................  No...............  Section reserved.
63.6(e)(1)(i).................  No...............  See 63.543(j) 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.               .....................
Sec.   63.7(a)-(d)............  Yes.               .....................
Sec.   63.7(e)(1).............  No...............  See 63.543(i).
Sec.   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(j) 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(c)(7) 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.               .....................
------------------------------------------------------------------------

             Table 2 to Subpart X of Part 63--Emissions Limits for Secondary Lead Smelting Furnaces
----------------------------------------------------------------------------------------------------------------
                                                        You must meet the following emissions limits
                                           ---------------------------------------------------------------------
      For vents from these processes         Total hydrocarbon ppm by volume     Dioxin and furan (dioxins and
                                            expressed as propane corrected to   furans) nanograms/dscm expressed
                                                 4 percent carbon dioxide       as TEQ corrected to 7 percent O2
----------------------------------------------------------------------------------------------------------------
Collocated blast and reverberatory furnace  20 ppmv                            0.50 ng/dscm.
Collocated blast and reverberatory furnace  360 ppmv                           170 ng/dscm.
 when the Reverberatory furnace is not
 operating.
Collocated blast and reverberatory furnace  20 ppmv                            0.50 ng/dscm.
 that commence construction after June 9,
 1994.
Collocated blast and reverberatory furnace  20 ppmv                            0.50 ng/dscm.
 that commence construction after [INSERT
 DATE 24 MONTHS AFTER PUBLICATION OF THE
 FINAL RULE IN THE FEDERAL REGISTER].
Blast furnace.............................  360 ppmv                           170 ng/dscm.
Blast furnaces that commence construction   70 ppmv                            10 ng/dscm.
 or reconstruction after June 9, 1994.
Reverberatory and electric furnace........  12 ppmv                            0.20 ng/dscm.
Reverberatory and electric furnace that     12 ppmv                            0.10 ng/dscm.
 commence construction or reconstruction
 after [INSERT DATE 24 MONTHS AFTER
 PUBLICATION OF THE FINAL RULE IN THE
 FEDERAL REGISTER].
Rotary furnaces...........................  610 ppmv                           1.0 ng/dscm.
Rotary Furnaces that commence construction  610 ppmv                           1.0 ng/dscm.
 or reconstruction after [INSERT DATE 24
 MONTHS AFTER PUBLICATION OF THE FINAL
 RULE IN THE FEDERAL REGISTER].
----------------------------------------------------------------------------------------------------------------

       Table 3 to Subpart X of Part 60--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                                Toxic
                   Dioxin/Furan congener                     equivalency
                                                               factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin.................         1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin...............         0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin..............         0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin..............         0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin..............         0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin...........         0.01
octachlorinated dibenzo-p-dioxin..........................         0.001
2,3,7,8-tetrachlorinated dibenzofuran.....................         0.1
2,3,4,7,8-pentachlorinated dibenzofuran...................         0.05
1,2,3,7,8-pentachlorinated dibenzofuran...................         0.5
1,2,3,4,7,8-hexachlorinated dibenzofuran..................         0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran..................         0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran..................         0.1
------------------------------------------------------------------------

[FR Doc. 2011-11220 Filed 5-18-11; 8:45 am]
BILLING CODE 6560-50-P