Response: We disagree with the commenter that THC testing should be conducted on the same schedule as dioxins and furans. Testing for THC is substantially less expensive than testing for dioxins and furans and we do not believe annual THC testing presents an unnecessary burden. However, we have added an exemption allowing biannual testing of THC for any stack that reports concentrations that are less than half of the applicable emissions limit. Annual stack testing is obviously not required if a THC CEMS is used.
Comment: Three commenters stated that the EPA should allow facilities to use EPA Method 12 for lead compounds to calculate compliance with the process vent limitations in order to be consistent with testing requirements that exist in many facility permits.
Response: We agree that facilities should be given the option of using EPA Method 12. The regulatory text has been edited accordingly.
Comment: Three commenters stated that the BLDS exemption for baghouses equipped with HEPA filters should be retained. One commenter stated that to install BLDS's on HEPA filtered stacks is excessive and unwarranted. The commenter also believes that annual stack testing for sources equipped with HEPA filtration is not necessary. Another commenter argued that the cost associated with using BLDS is not commensurate with their limited ability. The commenter stated that BLDS's are inherently reactive whereas baghouses equipped with HEPA filtration actually prevent emissions in the event of a bag failure. Further, the commenter argued that HEPA secondary collection pressure differential is an effective method to monitor baghouse performance. The commenter contends that the BLDS requirement will pose an unnecessary and redundant burden on facilities that proactively chose to install HEPA filtration systems and that the proposed revisions are a disincentive for facilities to install HEPA filters. Finally, the commenter stated that the proposed BLDS requirement and the elimination of the BLDS exemption for HEPA filters are arbitrary and not supported by test data.
Response: We agree with the commenters that baghouses equipped with HEPA filters do not need bag leak detection systems as well. The measurement of pressure drop across a HEPA filter provides the indicia of superior performance for determining continuous compliance. However, we disagree that sources should be exempt from annual stack testing based solely on the use of a HEPA filter. The emission standard includes calculation of a facility-wide emission average and testing the process vents subject to that limit is needed to determine compliance. Monitoring pressure drop across HEPA filters is a means for determining continuous compliance, similar to a bag leak detection system in baghouses without HEPA filters. In both cases, periodic stack tests are necessary to ensure that lead emissions are below the applicable emission standard. However, we note that we have included a biannual testing exemption for stacks that report lead concentrations less than 0.1 mg/dscm.
H. Startup, Shutdown, and Malfunction
Comment: One commenter expressed concerns related to the total hydrocarbon (THC) standard during start-up periods. According to the commenter, it will be impossible to meet the minimum temperature at which compliance with the THC standard has been demonstrated during startup of a furnace. The blast furnace crucible must be heated for up to 12 hours before raw materials can be charged. The reverberatory furnace cold startups occur over an extended period also. There is no introduction of feedstock during the warm-up process and, therefore, no emissions of process-related THC emissions. Emissions during this time period will consist entirely of combustion products associated with the fuels natural gas and foundry coke. The afterburner or post combustion system are equipped with rudimentary burners that provide supplementary heat but rely on the excess heat contained within the combined furnace exhaust gases during production operations to achieve an afterburner temperature that assures the efficient combustion of the process off-gases. The afterburner supplementary burners are not sufficient to maintain the required temperature during furnace startup and shutdown sequences. The proposed revisions to subpart X should include definitions of startup and shutdown for collocated blast and reverberatory furnaces that clearly define when alternative THC standards would apply and how compliance with an alternative standard is monitored.
Response: The EPA has revised this final rule to require sources to meet a work practice standard that requires the development of standard operating procedures designed to minimize emissions of THC for each start-up and shutdown scenario anticipated for all units subject to THC emission limits. We considered whether temperature (the metric used to determine continuous compliance for the THC standard in this rule) or performance testing and enforcement of numeric emission limits would be practicable during periods of startup and shutdown. The EPA determined that there are a number of significant technical challenges associated with emissions measurements of THC emissions during periods of startup and shutdown for this industry. These challenges make establishing and complying with numerical emissions limits impracticable.
There are multiple factors informing this decision. Temperature is obviously an inappropriate measure to determine continuous compliances for these furnaces during periods of startup and shutdown when the furnaces are being heated during startup (or cooled during shutdown) from ambient to the steady state operating temperature. The furnaces are heated during periods of startup through slow feeding of natural gas and small amounts of coke with no lead acid batteries fed to the furnace. It is impossible for furnace exhaust to be maintained within the window prescribed by 40 CFR 63.548(h)(4) during periods of startup and shutdown. However, the inability to maintain this temperature in secondary lead smelter furnace exhaust does not indicate high emissions of THC during these periods. In fact, the emissions are likely minimal because there are no plastics being fed to the furnace and minimal fuel use (mostly natural gas). Temperature is thus not the appropriate measure of continuous compliance during these periods and we are unaware of another metric that can be used to determine continuous compliance with a numerical standard for these furnaces during startup and shutdown. In terms of staff scheduling, test crews would have to be on-site and ready to begin THC testing at the beginning of a period of startup or shutdown, have multiple test crews on site for startup or shutdown periods lasting longer than 12 hours, and be prepared to stop and restart measurements to coincide with process trips that can occur during startup and shutdown of secondary lead smelting furnaces. Since startups and shutdowns of these furnaces are not necessarily scheduled long in advance, scheduling such testing to coincide with the beginning of startup or shutdown periods would require having testing crews on-site nearly full time. These staff resource issues would dramatically increase the cost of testing during startup and shutdown periods.
For these technical and economic reasons, we have determined that conducting manual test methods during these secondary lead furnace startup or shutdown periods for THC to be impracticable within the meaning of CAA section 112(h)(2)(B). As a result, we have established a separate work practice standard for emissions of THC during periods of startup and shutdown. This work practice standard requires the development of standard operating procedures designed to minimize emissions of THC for each start-up and shutdown scenario anticipated for all units subject to THC limits.
This startup and shutdown work practice applies only to the THC emission limits. We have no reason to provide startup or shutdown provisions for emissions of lead from any source because the fabric filters used to control particulate and lead emissions are not less effective during startup or shutdown periods (nor would we expect sources to have any difficulty meeting the lead standard since lead-bearing feed is not charged during either startup or shutdown conditions). Additionally, the metrics for determining continuous compliance with these standards are appropriate for periods of startup and shutdown. Therefore, we have established the separate work practice standard only for THC for periods of startup and shutdown.
During these periods, we do not believe dioxins and furans can form because there are no chlorinated plastics or flame-retardants being fed as these materials are only introduced as impurities with the lead feed material. Therefore, we have not included a standard for dioxins and furans during periods of startup and shutdown because these pollutants are not emitted.
Periods of startup, normal operations, and shutdown are all predictable and routine aspects of a source's operations. However, by contrast, malfunction is defined as a "sudden, infrequent, and not reasonably preventable failure of air pollution control and monitoring equipment, process equipment or a process to operate in a normal or usual manner * * *" (40 CFR 63.2). The EPA has determined that malfunctions should not be viewed as a distinct operating mode and, therefore, any emissions that occur at such times do not need to be factored into development of CAA section 112(d) standards, which, once promulgated, apply at all times.
VI. Summary of Cost, Environmental, and Economic Impacts
A. What are the affected facilities?
We anticipate that the 15 secondary lead smelting facilities currently or recently operating in the continental United States and Puerto Rico as well as one facility currently under construction in South Carolina will be affected by this final rule.
B. What are the air quality impacts?
The EPA estimated the emissions reductions that are expected to result from these final amendments to the 1997 NESHAP compared to the 2009 baseline emissions estimates calculated based on ICR data. The ICR data and RTR emissions memo are available in the docket to this action. A detailed documentation of the analysis can be found in the document in the docket titled: Cost Impacts of the Revised NESHAP for the Secondary Lead Smelting Source Category.
Emissions of lead and arsenic from secondary lead smelters have declined over the last 15 years as a result of federal rules, state rules and on the industry's own initiative. The final rule will cut lead and arsenic emissions by an estimated 68 percent from current actual emission levels based on the ICR data collected for this rulemaking. The final rule will result in estimated annual lead emissions reductions of 7.2 tpy from process and process fugitive sources and annual lead emissions reductions of 6.4 tpy from fugitive dust sources from 2009 baseline emissions (for a total annual reduction of 13.6 tons per year). The expected annual reduction in total metal HAP is 8.2 tpy from process and process fugitive sources and the expected annual reduction is 7.2 tpy from fugitive dust sources (total annual metal HAP reductions are estimated at 15.4 tons). We estimate that these controls will also reduce emissions of particulate matter (PM) (combined total of fine and coarse PM) by 135 tpy.
Based on the emissions data available to the EPA, we believe that all facilities will be able to comply with the final emissions limits for THC and D/F without additional controls. However, we expect that emissions reductions will occur due to increased temperatures of afterburners and from improved work practices. Nevertheless, it is difficult to estimate accurate reductions from these actions and, therefore, we are not providing quantified estimates of reductions for THC and D/F.
C. What are the cost impacts?
As a result of this final rule, certain secondary lead smelting facilities are expected to incur capital costs for the following types of control measures: replacement of existing baghouses with new, higher-performing baghouses, replacement of bags in existing baghouses with better-performing materials, construction of new enclosures for processes not currently enclosed, modification of partially enclosed structures to meet the requirements of total enclosure, and installation of fabric filters on enclosures.
The capital costs for each facility were estimated based on the number and types of upgrades we estimate that facility will require. Each facility was evaluated for its ability to meet the final limits for lead emissions, THC emissions, D/F emissions, and fugitive dust emissions. The memorandum titled: Cost Impacts of the Revised NESHAP for the Secondary Lead Smelting Source Category includes a complete description of the cost estimate methods used for this analysis and is available in the docket.
The majority of the capital costs estimated for compliance with this action are for purchasing new enclosures and the associated control devices that would be required for these enclosures. For each facility, we estimated the square footage of new enclosures required based on the size of enclosures currently in place compared to facilities that we considered to be totally enclosed with a similar production capacity. We further assumed that the facilities that required a substantial degree of new enclosure would re-configure their facilities, particularly the storage areas, to reduce the footprint of areas subject to total enclosure requirements.
Based on our analysis of the facility configurations, seven facilities were considered already to be totally enclosed. Two facilities are currently installing enclosure structures and equipment that we anticipate will meet the requirements. Consequently, the capital costs do not include estimates for these nine facilities. We estimate that the remaining six facilities will require new building installations, thereby incurring capital costs. For the one facility currently under construction, we estimated one additional baghouse would be required.
Typical enclosure costs were estimated using information and algorithms from the Permanent Total Enclosures chapter in the EPA Air Pollution Control Cost Manual. New baghouse costs were estimated using a model based primarily on the cost information for recent baghouse installations submitted by facilities in the ICR survey. The total capital cost estimate for the enclosures, the ductwork system, and control devices at the seven facilities is approximately $38 million, at an annualized cost of $6.4 million in 2009 dollars (an average of about $1 million per facility).
We also estimated annual costs for the required work practices in this action. Based on the ICR survey information, we estimated that additional costs would be required to implement the work practices at 12 of the 16 facilities. The total annual costs to implement the fugitive emissions work practices are approximately $3 million per year.
For compliance with the stack lead concentration limit, we compared each stack emission point's lead concentration (reported to the EPA under the ICR) to the requirement of 1.0 mg/dscm of lead for any one stack. If the reported concentration exceeded 0.5 mg/dscm (one half the standard), we assumed that the facility would either upgrade the baghouse with new bags and additional maintenance or completely replace the baghouse, depending on the age of the baghouse (as explained further below). This cost estimate presents an upper-end estimate of the cost impacts of the final rule that assumes facilities will strive to operate well below the standard to ensure process variability does not cause emission rates approaching the maximum level allowed by the standard. If the baghouse was less than 10 years old and the lead concentration in the outlet was not appreciably over one half the standard (i.e., 0.5 mg/dscm), we assumed that the baghouse would require maintenance and bag replacement. If the baghouse was more than 10 years old and the lead concentration was appreciably over the standard, we assumed the baghouse would be replaced. We then compared each facility's emissions with the flow-weighted, facility-wide concentration limit of 0.20 mg/dscm using the assumption that baghouses needing replacement based on the 1.0 mg/dscm individual stack limit would be replaced with units that performed at least as well as the average baghouse identified in our data set. These analyses indicate that nine baghouses would need to be replaced, and two baghouses would require additional maintenance. To estimate costs, we used a model based primarily on the cost information submitted in the ICR for recent baghouse installations in this industry. We assumed an increase in maintenance cost based on more frequent bag changes (from once every 5 years to once every 2 years). The total capital cost for nine new baghouses at five facilities is estimated to be approximately $11.5 million, and total annual costs were estimated to be approximately $2.7 million.
New limits are being promulgated for THC and D/F emissions from reverberatory and electric furnaces. We anticipate all operating affected units will be able to meet the limits without installing additional controls; however, we have estimated additional costs of $260,000 per year for facilities to increase the temperature of their existing afterburners to ensure continuous compliance with the standards. (We also considered this additional energy use as part of our analysis of whether the standards are warranted under CAA section 112(d)(6). See Cost Impacts of the Revised NESHAP for the Secondary Lead Smelting Source Category, available in docket ID EPA - HQ - OAR - 2011 - 0344, at page 7.)
The capital cost estimated for additional differential pressure monitors for total enclosures is $106,000. The cost for all additional monitoring and recordkeeping requirements, including the baghouse monitoring, is estimated at $791,000.
The total annualized costs for the final rule are estimated at $13.4 million (2009 dollars). Table 5 of this preamble provides a summary of the estimated costs and emissions reductions associated with the final amendments to the Secondary Lead Smelting NESHAP presented in today's action. More detail on the estimated costs of today's final rule can be found in Cost Impacts of the revised NESHAP for the Secondary Lead Smelting Source Category, available in the docket ID EPA - HQ - OAR - 2011 - 0344.
Table 5. Estimated Costs and Reductions for the Promulgated Standards in this Action
                                Final Amendment
                         Estimated Capital Cost ($MM)
                          Estimated Annual Cost ($MM)
                Total HAP Emissions Reductions (tons per year)
              Cost Effectiveness in $ per ton total HAP reduction
                                 ($ per pound)
Revised stack lead emissions limit
11.5
2.7
8.2 of metal HAPa (7.2 of which is lead)
$0.33 MM per ton
($170 per pound)
Total enclosure of fugitive emissions sources
38
6.4
5.2 of metal HAPa (4.6 of which is lead)
$1.0 MM per ton
($500 per pound)
Fugitive control work practices
0
3.0
2.0 of metal HAPa (1.8 of which is lead)
$1.5 MM per ton
($750 per pound)
THC and D/F concentration limits
0
0.3
29.6[b]
$0.01 MM per ton
Additional testing and monitoring
0.3
0.79
N/A
N/A
aMetal HAP consisting of antimony, arsenic, beryllium, cadmium, chromium, lead, manganese, nickel, and selenium.
[b]Based on total organic HAP reductions as a co-benefit of compliance with standards for dioxins and furans.

The EPA notes that the cost effectiveness of the controls for stack emissions of metal HAP are within the range of values the agency has determined to be reasonable in other section 112 rules. Indeed, EPA determined that a value of $175 per pound of metal HAP removed was reasonable when determining standards for the iron and steel foundry source category, an area source standard reflecting the less rigorous Generally Available Control Technology under section 112(d)(5). See 73 FR at 249. Thus, EPA regards the cost effectiveness of the standards for metal HAP here as reasonable, for purposes of the standards adopted pursuant to sections 112 (f)(2) (ample margin of safety determination) and 112 (d)(6). The measures required to control fugitive emissions are also cost effective, based largely on the fact that much of the industry has implemented some or all of the measures required in this final rule. The cost effectiveness for THC and D/F is presented as a point of information. Since those standards are MACT floor standards adopted pursuant to sections 112 (d)(3), considerations of cost and cost-effectiveness played no part in EPA's consideration.
D. What are the economic impacts?
We performed an economic impact analysis for secondary lead consumers and producers nationally. Most secondary lead producers will incur annual compliance costs of much less than 1 percent of their sales, but one firm will incur costs of greater than 1 percent. Both demand and supply in this sector are generally inelastic to price changes as shown in the Economic Impact Analysis at page 4. Thus, if producers could pass through the entire cost of the rule to consumers, we would expect prices to increase by no more than one percent, with no change in output. Conversely, if producers could not pass through any of the cost by increasing the price, we would expect output to decline by less than one percent.
Hence, the overall economic impact of this proposed rule should be low on most of the affected industry and its consumers. For more information, please refer to the Economic Impact Analysis for this rulemaking that is in docket ID EPA - HQ - OAR - 2011 - 0344.
E. What are the benefits?
The estimated reductions in lead emissions that will be achieved by this final rule will provide significant benefits to public health. For example, the EPA's 2008 Regulatory Impact Analysis (RIA) that was completed for the lead NAAQS (which is available in the docket for this action and also on the EPA's website) described monetized benefits calculated for that action associated with reduced exposure to lead.
As noted in that RIA, there were also several other lead-related health effects for which the EPA was unable to quantify a monetized benefit--particularly among adults. These potential impacts included hypertension, non-fatal strokes, reproductive effects and premature mortality, among others.
When viewed in this context, the reductions in concentrations of ambient lead that will be achieved with this RTR for secondary lead smelters are expected to provide important benefits to both children and adults. The EPA did not quantify these benefits because this rule did not trigger the requirement for conducting an RIA under Executive Order 12866, in addition to resource and data limitations for this rule. However, as noted at proposal, this rule should result in areas attaining the lead NAAQS where the secondary lead smelting source dominates the areas' ambient lead concentrations. See 76 FR at 29063-64. Although these standards are not adopted to implement the lead NAAQS, and rest on legal and policy justifications that are unrelated to the requirements for adopting, revising, and implementing a NAAQS (e.g., CAA sections 112 (d) (2), (3), 6 and CAA section 112 (f)(2) as opposed to CAA sections 107-110), nonetheless these rules will aid in the attainment of the lead NAAQS.
In addition to the benefits likely to be achieved for lead reductions, we also estimate that this final RTR rule will achieve about 39 to 63 tons of reductions in PM2.5 emissions as a co-benefit of the HAP reductions annually. See Development of the RTR Emissions Dataset for the Secondary Lead Smelting Source Category at section 8.3, which is available in the docket for information on how the PM2.5 emission reductions were calculated based on total PM reductions. Reducing exposure to PM2.5 is associated with significant human health benefits, including avoiding mortality and respiratory morbidity. Researchers have associated PM2.5 exposure with adverse health effects in numerous toxicological, clinical and epidemiological studies (U.S. EPA, 2009). When adequate data and resources are available and an RIA is required, the EPA generally quantifies several health effects associated with exposure to PM2.5 (e.g., U.S. EPA, 2010). These health effects include premature mortality for adults and infants, cardiovascular morbidities such as heart attacks, hospital admissions, and respiratory morbidities such as asthma attacks, acute and chronic bronchitis, hospital and emergency department visits, work loss days, restricted activity days, and respiratory symptoms. Although the EPA has not quantified certain outcomes including adverse effects on birth weight, pre-term births, pulmonary function and other cardiovascular and respiratory effects, the scientific literature suggests that exposure to PM2.5 is also associated with these impacts (U.S. EPA, 2009).
Finally, the final rule will provide human health benefits through reductions in arsenic and cadmium emissions, as well as reductions in emissions of organic HAP (including dioxins and furans).
VII. Statutory and Executive Order Reviews
A. Executive Orders 12866: Regulatory Planning and Review, and Executive Order 13563: Improving Regulation and Regulatory Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is a "significant regulatory action." This action is a significant regulatory action because it raises novel legal and policy issues. Accordingly, the EPA submitted this action to the Office of Management and Budget (OMB) for review under Executive Order 12866 and Executive Order 13563 (76 FR 3821, January 21, 2011), and any changes made in response to OMB recommendations have been documented in the docket for this action.
B. Paperwork Reduction Act
The information collection requirements in this rule have been submitted for approval to the Office of Management and Budget (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The Information Collection Request (ICR) document prepared by the EPA has been assigned EPA ICR number 1686.09. The information collection requirements are not enforceable until OMB approves them. The information requirements are based on notification, recordkeeping, and reporting requirements in the NESHAP General Provisions (40 CFR part 63, subpart A), which are mandatory for all operators subject to national emissions standards. These recordkeeping and reporting requirements are specifically authorized by CAA section 114 (42 U.S.C. 7414). All information submitted to the EPA pursuant to the recordkeeping and reporting requirements for which a claim of confidentiality is made is safeguarded according to agency policies set forth in 40 CFR part 2, subpart B.
We are promulgating new paperwork requirements to the Secondary Lead Smelting source category in the form of stack testing for THC and D/F as described in 40 CFR 63.543(h)-(k). In conjunction with setting THC limits for reverberatory and electric furnaces, additional monitoring and recordkeeping is required for furnace outlet temperature on these units. We believe temperature monitors currently exist in these locations and that the facilities will not incur a capital cost due to this requirement(and received no comments to indicate otherwise). Additionally, increased monitoring is required for demonstrating negative pressure in all total enclosures. To provide the public with an estimate of the relative magnitude of the burden associated with an assertion of the affirmative defense position adopted by a source, the EPA has provided administrative adjustments to this ICR to show what the notification, recordkeeping and reporting requirements associated with the assertion of the affirmative defense might entail. The EPA's estimate for the required notification, reports and records for any individual incident, including the root cause analysis, totals $3,141 and is based on the time and effort required of a source to review relevant data, interview plant employees, and document the events surrounding a malfunction that has caused an exceedance of an emissions limit. The estimate also includes time to produce and retain the record and reports for submission to the EPA. The EPA provides this illustrative estimate of this burden because these costs are only incurred if there has been a violation and a source chooses to take advantage of the affirmative defense.
Given the variety of circumstances under which malfunctions could occur, as well as differences among sources' operation and maintenance practices, we cannot reliably predict the severity and frequency of malfunction-related excess emissions events for a particular source. It is important to note that the EPA has no basis currently for estimating the number of malfunctions for which an affirmative defense to penalties might be asserted. Current historical records would be an inappropriate basis, as source owners or operators previously operated their facilities in recognition that they were exempt from the requirement to comply with emissions standards during malfunctions. Of the number of excess emissions events reported by source operators, only a small number would be expected to result from a malfunction (based on the definition above), and only a subset of excess emissions caused by malfunctions would result in the source choosing to assert the affirmative defense. Thus we believe the number of instances in which source operators might be expected to assert the affirmative defense will be extremely small. For this reason, we estimate no more than 2 or 3 such occurrences for all sources subject to subpart X over the 3-year period covered by this ICR. We expect to gather information on such events in the future and will revise this estimate as better information becomes available. We estimate 16 regulated entities are currently subject to subpart X and will be subject to all standards. The annual monitoring, reporting, and recordkeeping burden for this collection (averaged over the first 3 years after the effective date of the standards) for these amendments to subpart X (Secondary Lead Smelting) is estimated to be $790,000 per year. This includes 1,600 labor hours per year at a total labor cost of $347,000 per year, and total non-labor capital and operation and maintenance (O&M) costs of $440,000 per year. This estimate includes performance tests, notifications, reporting, and recordkeeping associated with the new requirements for front-end process vents and back-end process operations. The total burden for the federal government (averaged over the first 3 years after the effective date of the standard) is estimated to be 1,150 hours per year at a total labor cost of $52,000 per year. Burden is defined at 5 CFR 1320.3(b).
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA's regulations in 40 CFR are listed in 40 CFR part 9. When these ICRs are approved by OMB, the agency will publish a technical amendment to 40 CFR part 9 in the Federal Register to display the OMB control numbers for the approved information collection requirements contained in the final rules.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this final rule on small entities, small entity is defined as: (1) A small business as defined by the Small Business Administration's (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise that is independently owned and operated and is not dominant in its field.
For this source category, which has the NAICS code 331419 (i.e., Secondary Smelting and Refining of Nonferrous Metal (except copper and aluminum)), the SBA small business size standard is 750 employees according to the SBA small business standards definitions. We have estimated the cost impacts and have determined that the impacts do not constitute a significant economic impact on a substantial number of small entities (see: Small Business Analysis for the Secondary Lead Smelting Source Category, which is available in the docket for this action).
After considering the economic impacts of today's final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. Two of the eight parent companies affected are considered a small entity per the definition provided in this section. However, we estimate that this action will not have a significant economic impact on those companies (see: Small Business Analysis for the Secondary Lead Smelting Source Category). All other affected parent companies are not small businesses according to the SBA small business size standard for the affected NAICS code (NAICS 331419).
Although this final rule will not have a significant economic impact on a substantial number of small entities, the EPA nonetheless has tried to reduce the impact of this rule on small entities. To reduce the impacts, we are promulgating stack limits for lead that allow sources to meet a standard based on aggregated emissions that are based on a weighted average approach (with each stack required to achieve a specified minimum level of control) and have been established at the least stringent levels that we estimate will still result in acceptable risks to public health with an ample margin of safety. Moreover, the compliance testing requirements were established in a way that minimizes the costs for testing and reporting while still providing the agency the necessary information needed to ensure continuous compliance with the standards. For more information, please refer to Small Business Analysis for the Secondary Lead Smelting Source Category, which is available in docket ID EPA-HQ-OAR-2011-0344.
D. Unfunded Mandates Reform Act
This action does not contain a federal mandate under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538 for state, local, or tribal governments or the private sector. The action would not result in expenditures of $100 million or more for state, local, and tribal governments, in aggregate, or the private sector in any 1 year. The action imposes no enforceable duties on any state, local or tribal governments or the private sector. Thus, this action is not subject to the requirements of sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments because it contains no requirements that apply to such governments nor does it impose obligations upon them.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. These final rules primarily affect private industry, and do not impose significant economic costs on state or local governments. Thus, Executive Order 13132 does not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have substantial direct effect on tribal governments, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is not economically significant as defined in Executive Order 12866. However, the agency does believe there is a disproportionate risk to children due to current emissions of lead from this source category. Children living near secondary lead smelters are the subpopulation most susceptible to effects of air-borne lead, as explained in detail in Section V.A above. The primary NAAQS for lead targets protection to this population, and is a reasonable measure for evaluating acceptability of risk here, again as explained in Section V.A. Modeled ambient air lead concentrations, based on actual emission levels, from about 9 of the 15 facilities in this source category are in excess of the NAAQS for lead. Also, the results of the demographic analysis indicate that of the 84,000 people exposed to a cancer risk greater than 1-in-1 million, the age 0 to 17 demographic percentage (of 30 percent) is 3 percentage points higher than the corresponding national percentage for this demographic group (of 27 percent). This suggests that children may be at a slightly disproportionate risk of exposure to cancer risks from this source category. However, the control measures promulgated in this notice will result in lead concentration levels at or below the lead NAAQS at all facilities, thereby mitigating the risk of future adverse health effects to children. See Section V.A of this preamble and the Residual Risk Assessment for the Secondary Lead Smelting Source Category, which is available in the docket for this action, for discussions of post-control risks.
H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use
This action is not a "significant energy action" as defined in Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not likely to have a significant adverse energy effect on the supply, distribution, or use of energy. This action will not create any new requirements for sources in the energy supply, distribution, or use sectors. Further, we have concluded that these final rules are not likely to have any adverse energy effects (and indeed, rejected certain types of control options, such as standards based on use of wet electrostatic precipitators, in part because of adverse energy implications).
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note) directs the EPA to use voluntary consensus standards (VCS) in its regulatory activities, unless to do so would be inconsistent with applicable law or otherwise impractical. VCS are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by VCS bodies. NTTAA directs the EPA to provide Congress, through OMB, explanations when the agency decides not to use available and applicable VCS.
This action involves technical standards. The EPA requires use of ASME PTC 19.10-1981, "Flue and Exhaust Gas Analyses" for its manual methods of measuring the oxygen or carbon dioxide content of the exhaust gas. These parts of ASME PTC 19.10-1981 are acceptable alternatives to EPA Method 3B. This standard is available from the American Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016 - 5990.
Under 40 CFR 63.7(f) and 40 CFR 63.8(f) of subpart A of the General Provisions, a source may apply to the EPA for permission to use alternative test methods or alternative monitoring requirements in place of any required testing methods, performance specifications, or procedures in the final rule.
J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States.
The EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population.
To examine the potential for any environmental justice issues that might be associated with each source category, we evaluated the distributions of HAP related cancer and non-cancer risks across different social, demographic, and economic groups within the populations living near the facilities where these source categories are located. The development of demographic analyses to inform the consideration of environmental justice issues in EPA rulemakings is evolving.
In the case of Secondary Lead Smelting, we focused on populations within 50 km of the 15 facilities in this source category with emissions sources subject to the MACT standard. More specifically, for these populations we evaluated exposures to HAP that could result in cancer risks of 1-in-1 million or greater, or population exposures to ambient air lead concentrations above the level of the NAAQS for lead. We compared the percentages of particular demographic groups within the focused populations to the total percentages of those demographic groups nationwide. The results of this analysis are documented in the technical report: Risk and Technology Review - Final Analysis of Socio-Economic Factors for Populations Living Near Secondary Lead Smelting Facilities which can be found in the docket for this rulemaking. The actions in today's final rule will significantly decrease the risks due to HAP emissions from this source category for all demographic groups and mitigate any disproportionate risks due to those emissions.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that, before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this final rule and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the United States prior to publication of the final rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a "major rule" as defined by 5 U.S.C. 804(2). The final rules will be effective on [INSERT THE DATE OF PUBLICATION OF THIS FINAL RULE IN THE FEDERAL REGISTER].

List of Subjects for 40 CFR Part 63
Environmental protection, Administrative practice and procedures, Air pollution control, Hazardous substances, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements.

______________
Dated: XXXXX XX, 2011

________________________
Lisa P. Jackson,
Administrator.

For the reasons stated in the preamble, part 63 of title 40, chapter I, of the Code of Federal Regulations is amended as follows:
PART 63 -- [AMENDED]
1. The authority citation for part 63 continues to read as follows:
	Authority: 42 U.S.C. 7401, et seq.
2.  Section 63.14 is amended by revising paragraph (p)(2) to read as follows:
§63.14  Incorporations by reference.
*	*	*	*	*
(p)  *	*	*
(2) Office Of Air Quality Planning And Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance, EPA - 454/R - 98 - 015, September 1997, IBR approved for §§63.548(e)(4), 63.7525(j)(2), and 63.11224(f)(2).
*	*	*	*	*
3. 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
63.541 Applicability.
63.542 Definitions.
63.543 What are my standards for process vents?
63.544 What are my total enclosure standards?
63.545 What are my standards for fugitive dust sources?
63.546 Compliance dates.
63.547 Test methods.
63.548 Monitoring requirements.
63.549 Notification requirements.
63.550 Recordkeeping and reporting requirements.
63.551 Implementation and enforcement.
63.552 Affirmative Defense to Civil Penalties for Exceedance of Emissions Limit During Malfunction
Tables to Subpart X
Table 1 to Subpart X of Part 63 -- General Provisions Applicability to Subpart X
Table 2 to Subpart X of Part 63 -- Emissions limits for Secondary Lead Smelting Furnaces
Table 3 to Subpart X of Part 63 -- Toxic Equivalency Factors

Subpart X -- National Emission Standards For Hazardous Air Pollutants From Secondary Lead Smelting
§63.541 Applicability.
(a) You are subject to this subpart if you own or operate any of the following affected sources at a secondary lead smelter: blast, reverberatory, rotary, and electric furnaces; refining kettles; agglomerating furnaces; dryers; process fugitive emissions sources; buildings containing lead bearing materials; and fugitive dust sources. The provisions of this subpart do not apply to primary lead processors, lead refiners, or lead remelters.
(b) Table 1 to this subpart specifies the provisions of subpart A of this part that apply to owners and operators of secondary lead smelters subject to this subpart.
(c) If you are subject to the provisions of this subpart, you are also subject to title V permitting requirements under 40 CFR parts 70 or 71, as applicable.
(d) Emissions standards in this subpart apply at all times.
§63.542 Definitions.
Terms used in this subpart are defined in the Clean Air Act, in subpart A of this part, or in this section as follows:
Affected source means any of the following sources at a secondary lead smelter: blast, reverberatory, rotary, and electric furnaces; refining kettles; agglomerating furnaces; dryers; process fugitive emissions sources; buildings containing lead bearing materials; and fugitive dust sources.
Affirmative defense means, in the context of an enforcement proceeding, a response or defense put forward by a defendant, regarding which the defendant has the burden of proof, and the merits of which are independently and objectively evaluated in a judicial or administrative proceeding.
Agglomerating furnace means a furnace used to melt into a solid mass flue dust that is collected from a baghouse.
Bag leak detection system means an instrument that is capable of monitoring particulate matter (dust) loadings in the exhaust of a baghouse in order to detect bag failures. A bag leak detection system includes, but is not limited to, an instrument that operates on triboelectric, light scattering, transmittance or other effect to monitor relative particulate matter loadings.
Battery breaking area means the plant location at which lead-acid batteries are broken, crushed, or disassembled and separated into components.
Blast furnace means a smelting furnace consisting of a vertical cylinder atop a crucible, into which lead-bearing charge materials are introduced at the top of the furnace and combustion air is introduced through tuyeres at the bottom of the cylinder, and that uses coke as a fuel source and that is operated at such a temperature in the combustion zone (greater than 980 Celsius) that lead compounds are chemically reduced to elemental lead metal.
Blast furnace charging location means the physical opening through which raw materials are introduced into a blast furnace.
Collocated blast furnace and reverberatory furnace means operation at the same location of a blast furnace and a reverberatory furnace where the vent streams of the furnaces are mixed before cooling, with the volumetric flow rate discharged from the blast furnace being equal to or less than that discharged from the reverberatory furnace.
Dryer means a chamber that is heated and that is used to remove moisture from lead-bearing materials before they are charged to a smelting furnace.
Dryer transition equipment means the junction between a dryer and the charge hopper or conveyor, or the junction between the dryer and the smelting furnace feed chute or hopper located at the ends of the dryer.
Electric furnace means a smelting furnace consisting of a vessel into which reverberatory furnace slag is introduced and that uses electrical energy to heat the reverberatory furnace slag to such a temperature (greater than 980 Celsius) that lead compounds are reduced to elemental lead metal.
Fugitive dust source means a stationary source of hazardous air pollutant emissions at a secondary lead smelter that is not associated with a specific process or process fugitive vent or stack. Fugitive dust sources include, but are not limited to, roadways, storage piles, lead bearing material handling transfer points, lead bearing material transport areas, lead bearing material storage areas, other lead bearing material process areas, and buildings.
Furnace and refining/casting area means any area of a secondary lead smelter in which:
(1) Smelting furnaces are located;
(2) Refining operations occur; or
(3) Casting operations occur.
Lead alloy means an alloy in which the predominant component is lead.
Lead bearing material means material with a lead content equal to or greater than 5 mg/l as measured by EPA Method 1311 (Under Method 1311, only materials with at least 100 ppm lead will be considered to be lead bearing).
Leeward wall means the furthest exterior wall of a total enclosure that is opposite the windward wall.
Maintenance activity means any of the following routine maintenance and repair activities that could generate fugitive lead dust:
(1) Replacement or repair of refractory, or any internal or external part of equipment used to process, handle or control lead-containing materials.
(2) Replacement of any duct section used to convey lead-containing exhaust.
(3) Metal cutting or welding that penetrates the metal structure of any equipment, and its associated components, used to process lead-containing material such that lead dust within the internal structure or its components can become fugitive lead dust.
(4) Resurfacing, repair or removal of ground, pavement, concrete, or asphalt.
Materials storage and handling area means any area of a secondary lead smelter in which lead-bearing materials (including, but not limited to, broken battery components, reverberatory furnace slag, flue dust, and dross) are stored or handled between process steps including, but not limited to, areas in which materials are stored in open piles, bins, or tubs, and areas in which material is prepared for charging to a smelting furnace.
Natural draft opening means any permanent opening in an enclosure that remains open during operation of the facility and is not connected to a duct in which a fan is installed.
New source means any affected source at a secondary lead smelting facility the construction or reconstruction of which is commenced after May 19, 2011. A building that is constructed for the purpose of controlling fugitive emissions from an existing source is not considered to be a new source.
Partial enclosure means a structure comprised of walls or partitions on at least three sides or three-quarters of the perimeter surrounding stored materials or process equipment to prevent the entrainment of particulate matter into the air.
Pavement cleaning means the use of vacuum equipment, water sprays, or a combination thereof to remove dust or other accumulated material from the paved areas of a secondary lead smelter.
Plant roadway means any area of a secondary lead smelter outside of a total enclosure that is subject to vehicle traffic, including traffic by forklifts, front-end loaders, or vehicles carrying whole batteries or cast lead ingots. Excluded from this definition are employee and visitor parking areas, provided they are not subject to traffic by vehicles carrying lead-bearing materials.
Pressurized dryer breaching seal means a seal system connecting the dryer transition pieces which is maintained at a higher pressure than the inside of the dryer.
Process fugitive emissions source means a source of hazardous air pollutant emissions at a secondary lead smelter that is associated with lead smelting or refining, but is not the primary exhaust stream from a smelting furnace, and is not a fugitive dust source. Process fugitive emissions sources include, but are not limited to, smelting furnace charging points, smelting furnace lead and slag taps, refining kettles, agglomerating furnaces, and drying kiln transition pieces.
Process vent means furnace vents, dryer vents, agglomeration furnace vents, vents from battery breakers, vents from buildings containing lead bearing material, and any ventilation system controlling lead emissions.
Refining kettle means an open-top vessel that is constructed of cast iron or steel and is indirectly heated from below and contains molten lead for the purpose of refining and alloying the lead. Included are pot furnaces, receiving kettles, and holding kettles.
Reverberatory furnace means a refractory-lined furnace that uses one or more flames to heat the walls and roof of the furnace and lead-bearing scrap to such a temperature (greater than 980 Celsius) that lead compounds are chemically reduced to elemental lead metal.
Rotary furnace (also known as a rotary reverberatory furnace) means a furnace consisting of a refractory-lined chamber that rotates about a horizontal axis and that uses one or more flames to heat the walls of the furnace and lead-bearing scrap to such a temperature (greater than 980 Celsius) that lead compounds are chemically reduced to elemental lead metal.
Secondary lead smelter means any facility at which lead-bearing scrap material, primarily, but not limited to, lead-acid batteries, is recycled into elemental lead or lead alloys by smelting.
Shutdown means the period when no lead bearing materials are being fed to the furnace and smelting operations have ceased during which the furnace is cooled from steady-state operating temperature to ambient temperature.
Smelting means the chemical reduction of lead compounds to elemental lead or lead alloys through processing in high-temperature (greater than 980 Celsius) furnaces including, but not limited to, blast furnaces, reverberatory furnaces, rotary furnaces, and electric furnaces.
Startup means the period when no led bearing materials have been fed to the furnace and smelting operations have not yet commenced during which the furnace is heated from ambient temperature to steady-state operating temperature.
Total enclosure means a containment building that is completely enclosed with a floor, walls, and a roof to prevent exposure to the elements and to assure containment of lead bearing material with limited openings to allow access and egress for people and vehicles. The total enclosure must provide an effective barrier against fugitive dust emissions such that the direction of air flow through any openings is inward and the enclosure is maintained under constant negative pressure.
Vehicle wash means a device for removing dust and other accumulated material from the wheels, body, and underside of a vehicle to prevent the inadvertent transfer of lead contaminated material to another area of a secondary lead smelter or to public roadways.
Wet suppression means the use of water, water combined with a chemical surfactant, or a chemical binding agent to prevent the entrainment of dust into the air from fugitive dust sources.
Windward wall means the exterior wall of a total enclosure that is most impacted by the wind in its most prevailing direction determined by a wind rose using available data from the closest representative meteorological station.
§63.543 What are my standards for process vents?
(a) For existing sources, you must maintain the concentration of lead compounds in any process vent gas at or below 1.0 milligrams of lead per dry standard cubic meter (0.00043 grains of lead per dry standard cubic foot). You must maintain the flow-weighted average concentration of lead compounds in vent gases from a secondary lead smelting facility at or below 0.20 milligrams of lead per dry standard cubic meter (0.000087 grains of lead per dry standard cubic foot).
(1) You must demonstrate compliance with the flow weighted average emissions limit on a 12-month rolling average basis, calculated monthly using the most recent test data available.
(2) Until 12 monthly weighted average emissions rates have been accumulated, calculate only the monthly average weighted emissions rate.
(3) You must use Equation 1 of this section to calculate the flow-weighted average concentration of lead compounds from process vents:
		(Eq. 1)
Where:
CFWA 	=	Flow-weighted average concentration of all process vents.
n	=	Number of process vents.
Fi	=	Flow rate from process vent i in dry standard cubic feet per minute, as measured during the most recent compliance test.
Ci	=	Concentration of lead in process vent i, as measured during the most recent compliance test.

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

(e) If you combine furnace emissions with the furnace charging process fugitive emissions and discharge them to the atmosphere through a common emissions point, you must demonstrate compliance with the applicable total hydrocarbons concentration limit specified in paragraph (c) of this section at a location downstream from the point at which the two emissions streams are combined.
(f) If you do not combine the furnace charging process fugitive emissions with the furnace process emissions, and discharge such emissions to the atmosphere through separate emissions points, you must maintain the total hydrocarbons concentration in the exhaust gas at or below 20 parts per million by volume, expressed as propane and corrected to 4 percent carbon dioxide.
(g) Following the initial performance or compliance test to demonstrate compliance with the lead emissions limits specified in paragraph (a) or (b) of this section, you must conduct performance tests according to the schedule in paragraph (g)(1) or (g)(2) of this section.
(1) Conduct an annual performance test for lead compounds from each process vent (no later than 12 calendar months following the previous compliance test), unless you install and operate a CEMS meeting the requirements of §63.8.
(2)  If an annual compliance test demonstrates that a process vent emitted lead compounds at 0.10 milligram of lead per dry standard cubic meter or less during the time of the annual compliance test, you may submit a written request to the Administrator applying for an extension of up to 24 calendar months from the previous compliance test to conduct the next compliance test for lead compounds.
(h) Following the initial performance or compliance test to demonstrate compliance with the total hydrocarbons emissions limits in paragraphs (c) and (f) of this section, you must conduct an annual performance test for total hydrocarbons emissions from each process vent that has established limits for total hydrocarbons (no later than 12 calendar months following the previous compliance test), unless you install and operate a CEMS meeting the requirements of §63.8. If an annual compliance test demonstrates that a process vent emitted total hydrocarbons at less than 50 percent of the allowable limit during the time of the annual compliance test, you may submit a written request to the Administrator applying for an extension of up to 24 calendar months from the previous compliance test to conduct the next compliance test for total hydrocarbons.
(i) Following the initial performance or compliance test to demonstrate compliance with the dioxins and furans emissions limits specified in paragraph (c) of this section, you must conduct a performance test for dioxins and furans emissions from each process vent that has established limits for dioxins and furans at least once every 6 years following the previous compliance test.
(j) You must conduct the performance tests specified in paragraphs (g) through (i) of this section under maximum representative operating conditions for the process. During the performance test, you may operate the control device at maximum or minimum representative operating conditions for monitored control device parameters, whichever results in lower emission reduction. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests.
(k) At all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source.
(l) If you own or operate a unit subject to emission limits in Table 2 of this subpart, you must minimize the unit's startup and shutdown periods following the manufacturer's recommended procedures, if available. You must develop and follow standard operating procedures designed to minimize emissions of total hydrocarbon for each startup or shutdown scenario anticipated. You must submit a signed statement in the Notification of Compliance Status report that indicates that you conducted startups and shutdowns according to the manufacturer's recommended procedures, if available, and the standard operating procedures designed to minimize emissions of total hydrocarbons.
(m) In addition to complying with the applicable emissions limits for dioxins and furans listed in Table 2 to this subpart, you must operate a process to separate plastic battery casing materials from all automotive batteries prior to introducing feed into a furnace.
§63.544  What are my total enclosure standards?
(a) You must operate the process fugitive emissions sources and fugitive dust sources listed in paragraphs (a)(1) through (a)(9) of this section in a total enclosure that is maintained at negative pressure at all times and vented to a control device designed to capture lead particulate. The total enclosure must meet the requirements specified in paragraph (c) of this section.
(1) Smelting furnaces.
(2) Smelting furnace charging areas.
(3) Lead taps, slag taps, and molds during tapping.
(4) Battery breakers.
(5) Refining kettles, casting areas.
(6) Dryers.
(7) Agglomerating furnaces and agglomerating furnace product taps.
(8)  Material handling areas for any lead bearing materials except those listed in paragraph (b) of this section.
(9) Areas where dust from fabric filters, sweepings or used fabric filters are processed.
(b) Total enclosures are not required in the following areas: lead ingot product handling areas, stormwater and wastewater treatment areas, intact battery storage areas, areas where lead bearing material is stored in closed containers or enclosed mechanical conveyors, and areas where clean battery casing material is handled.
(c) You must construct and operate total enclosures for the sources listed in paragraph (a) of this section as specified in paragraphs (c)(1) and (c)(2) of this section. The total enclosure must be free of significant cracks, gaps, corrosion or other deterioration that could cause lead bearing material to be released from the primary barrier. Measures must be in place to prevent the tracking of lead bearing material out of the unit by personnel or by equipment used in handling the material. An area must be designated to decontaminate equipment and any rinsate must be collected and properly managed.
(1) You must ventilate the total enclosure continuously to ensure negative pressure values of at least 0.013 mm of mercury (0.007 inches of water).
(2) You must maintain an inward flow of air through all natural draft openings.
(d) You must inspect enclosures and facility structures that contain any lead-bearing materials at least once per month. You must repair any gaps, breaks, separations, leak points or other possible routes for emissions of lead to the atmosphere within one week of identification unless you obtain approval for an extension from the Administrator before the repair period is exceeded.
§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)(7) of this section.
(1) Plant roadways.
(2) Plant buildings.
(3) Accidental releases.
(4) Battery storage area.
(5) Equipment maintenance.
(6) Material storage areas.
(7) Material handling areas.
(b) You must submit the standard operating procedures manual to the Administrator or delegated authority for review and approval when initially developed and any time changes are made.
(c) The controls specified in the standard operating procedures manual must at a minimum include the requirements specified in paragraphs (c)(1) through (c)(7) of this section.
(1) Cleaning. Where a cleaning practice is specified, you must clean by wet wash or a vacuum equipped with a filter rated by the manufacturer to achieve 99.97 percent capture efficiency for 0.3 micron particles in a manner that does not generate fugitive lead dust.
(2) Plant roadways and paved areas. You must pave all areas subject to vehicle traffic and you must clean the pavement twice per day, except on days when natural precipitation makes cleaning unnecessary or when sand or a similar material has been spread on plant roadways to provide traction on ice or snow. Limited access and limited use roadways such as unpaved roads to remote locations on the property may be exempt from this requirement if they are used infrequently (no more than one round trip per day).
(3) Accidental releases. You must initiate cleaning of all affected areas within one hour after detection of any accidental release of lead dust that exceeds 10 pounds (the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) reportable quantity for lead at 40 CFR 302.4).
(4) Battery storage areas. You must inspect any batteries that are not stored in a total enclosure once each week and move any broken batteries to an enclosure within 72 hours of identification. You must clean residue from broken batteries within 72 hours of identification.
(5) Materials storage and handling areas. You must wash each vehicle at each exit of the material storage and handling areas. The vehicle wash must include washing of tires, undercarriage and exterior surface of the vehicle followed by vehicle inspection.
(6) Equipment maintenance. You must perform all maintenance activities that could generate lead dust in a manner that minimizes emissions of fugitive dust. This must include one or more of the following:
(i) Performing maintenance inside a total permanent enclosure maintained at negative pressure.
(ii) Performing maintenance inside a temporary enclosure and use a vacuum system either equipped with a filter rated by the manufacturer to achieve a capture efficiency of 99.97 percent for 0.3 micron particles or routed to an existing control device permitted for this activity.
(iii) Performing maintenance inside a partial enclosure and use of wet suppression sufficient to prevent dust formation.
(iv) Decontamination of equipment prior to removal from an enclosure.
(v) Immediate repair of ductwork or structure leaks without an enclosure if the time to construct a temporary enclosure would exceed the time to make a temporary or permanent repair, or if construction of an enclosure would cause a higher level of emissions than if an enclosure were not constructed.
(vi) Activities required for inspection of fabric filters and maintenance of filters that are in need of removal and replacement are not required to be conducted inside of total enclosures. Used fabric filters must be placed in sealed plastic bags or containers prior to removal from a baghouse.
(7) Material transport. You must collect and transport all lead bearing dust (i.e. lead bearing material which is a dust) within closed conveyor systems or in sealed, leak-proof containers unless the collection and transport activities are contained within a total enclosure. All other lead bearing material must be contained and covered for transport outside of a total enclosure in a manner that prevents spillage or dust formation. Intact batteries and lead ingot product are exempt from the requirement to be covered for transport.
(d) Your standard operating procedures manual must specify that records be maintained of all pavement cleaning, vehicle washing, and battery storage inspection activities performed to control fugitive dust emissions.
(e) You must pave all grounds on the facility or plant groundcover sufficient to prevent wind-blown dust. You may use dust suppressants on unpaved areas that will not support a groundcover (e.g., roadway shoulders, steep slopes, limited access and limited use roadways).
(f) As provided in §63.6(g), as an alternative to the requirements specified in this section, you can demonstrate to the Administrator (or delegated State, local, or Tribal authority) that an alternative measure(s) is equivalent or better than a practice(s) described in this section.
§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 [INSERT THE DATE TWO YEARS AFTER THE DATE OF PUBLICATION OF THIS 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 [INSERT THE DATE OF PUBLICATION OF THIS FINAL RULE IN THE FEDERAL REGISTER] or upon startup of operations, whichever is later.
§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 §63.543(a) and (b).
(1) EPA Method 1 at 40 CFR part 60, appendix A-1 to select the sampling port location and the number of traverse points.
(2) EPA Method 2 at 40 CFR part 60, appendix A-1 or EPA Method 5D at 40 CFR part 60, appendix A-3, section 8.3 for positive pressure fabric filters, to measure volumetric flow rate.
(3) EPA Method 3, 3A, or 3B at 40 CFR part 60, appendix A-2 to determine the dry molecular weight of the stack gas.
(4) EPA Method 4 at 40 CFR part 60, appendix A-3 to determine moisture content of the stack gas.
(5) EPA Method 12 or Method 29 at 40 CFR part 60, appendix A-8 to determine compliance with the lead compound emissions standards. The minimum sample volume must be 2.0 dry standard cubic meters (70 dry standard cubic feet) for each run. You must perform three test runs and you must determine compliance using the average of the three runs.
(b) You must use the following test methods in appendix A of part 60 listed in paragraphs (b)(1) through (b)(4) of this section, as specified, to determine compliance with the emissions standards for total hydrocarbons specified in §63.543(c) through (f).
(1) EPA Method 1 at 40 CFR part 60, appendix A-1 to select the sampling port location and number of traverse points.
(2) The Single Point Integrated Sampling and Analytical Procedure of Method 3B to measure the carbon dioxide content of the stack gases when using either EPA Method 3A or 3B at 40 CFR part 60, appendix A-2.
(3) EPA Method 4 at 40 CFR part 60, appendix A-3 to measure moisture content of the stack gases.
(4) EPA Method 25A at 40 CFR part 60, appendix A-7 to measure total hydrocarbons emissions. The minimum sampling time must be 1 hour for each run. You must perform a minimum of three test runs. You must calculate a 1-hour average total hydrocarbons concentration for each run and use the average of the three 1-hour averages to determine compliance.
(c) You must correct the measured total hydrocarbons concentrations to 4 percent carbon dioxide as specified in paragraphs (c)(1) through (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.
		(Eq. 2)
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 §63.543(c).
(1) EPA Method 1 at 40 CFR part 60, appendix A-1 to select the sampling port location and the number of traverse points.
(2) EPA Method 2 at 40 CFR part 60, appendix A-1 or EPA Method 5D at 40 CFR part 60, appendix A-3, section 8.3 for positive pressure fabric filters to measure volumetric flow rate.
(3) EPA Method 3A or 3B at 40 CFR part 60, appendix A-2 to determine the oxygen and carbon dioxide concentrations of the stack gas.
(4) EPA Method 4 at 40 CFR part 60, appendix A-3 to determine moisture content of the stack gas.
(5) EPA Method 23 at 40 CFR part 60, appendix A-7 to determine the dioxins and furans concentration.
(e) You must determine the dioxins and furans toxic equivalency by following the procedures in paragraphs (e)(1) through (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.
		(Eq. 3)
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.
§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 §§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) Except as provided in paragraphs (g) and (h) of this section, continuous operation of a bag leak detection system, unless a system meeting the requirements of paragraph (m) of this section for a continuous emissions monitoring system is installed for monitoring the concentration of lead.
(d) The procedures you specify in the standard operating procedures manual for baghouse maintenance must include, at a minimum, a preventative maintenance schedule that is consistent with the baghouse manufacturer's instructions for routine and long-term maintenance.
(e) The bag leak detection system required by paragraph (c)(9) of this section, must meet the specification and requirements of paragraphs (e)(1) through (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, see §63.14) and the manufacturer's written specifications and recommendations for installation, operation, and adjustment of the system.
(5) The initial adjustment of the system must, at a minimum, consist of establishing the baseline output by adjusting the sensitivity (range) and the averaging period of the device, and establishing the alarm set points and the alarm delay time.
(6) Following initial adjustment, you must not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time, except as detailed in the approved standard operating procedures manual required under paragraph (a) of this section. You cannot increase the sensitivity by more than 100 percent or decrease the sensitivity by more than 50 percent over a 365 day period unless such adjustment follows a complete baghouse inspection that demonstrates that the baghouse is in good operating condition.
(7) For negative pressure, induced air baghouses, and positive pressure baghouses that are discharged to the atmosphere through a stack, you must install the bag leak detector downstream of the baghouse and upstream of any wet acid gas scrubber.
(8) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors.
(f) You must include in the standard operating procedures manual required by paragraph (a) of this section a corrective action plan that specifies the procedures to be followed in the case of a bag leak detection system alarm. The corrective action plan must include, at a minimum, the procedures that you will use to determine and record the time and cause of the alarm as well as the corrective actions taken to minimize emissions as specified in paragraphs (f)(1) and (f)(2) of this section.
(1) The procedures used to determine the cause of the alarm must be initiated within 30 minutes of the alarm.
(2) The cause of the alarm must be alleviated by taking the necessary corrective action(s) that may include, but not be limited to, those listed in paragraphs (f)(2)(i) through (f)(2)(vi) of this section.
(i) Inspecting the baghouse for air leaks, torn or broken filter elements, or any other malfunction that may cause an increase in emissions.
(ii) Sealing off defective bags or filter media.
(iii) Replacing defective bags or filter media, or otherwise repairing the control device.
(iv) Sealing off a defective baghouse compartment.
(v) Cleaning the bag leak detection system probe, or otherwise repairing the bag leak detection system.
(vi) Shutting down the process producing the particulate emissions.
(g) Baghouses equipped with high efficiency particulate air (or HEPA) filters as a secondary filter used to control emissions from any source subject to the lead emission standards in §65.543(a) or (b), are exempt from the requirement to be equipped with a bag leak detection system. You must monitor and record the pressure drop across each HEPA filter system daily. If the pressure drop is outside the limit(s) specified by the filter manufacturer, you must take appropriate corrective measures, which may include but not be limited to those given in paragraphs (g)(1) through (g)(4) of this section.
(1) Inspecting the filter and filter housing for air leaks and torn or broken filters.
(2) Replacing defective filter media, or otherwise repairing the control device.
(3) Sealing off a defective control device by routing air to other control devices
(4) Shutting down the process producing the particulate emissions.
(h) Baghouses followed by a wet electrostatic precipitator used as a secondary control device for any source subject to the lead emission standards in §63.543(a) or (b), are exempt from the requirement to be equipped with a bag leak detection system.
(i) If you use a wet scrubber to control particulate matter and metal hazardous air pollutant emissions from a process vent to demonstrate continuous compliance with the emissions standards, you must monitor and record the pressure drop and water flow rate of the wet scrubber during the initial performance or compliance test conducted to demonstrate compliance with the lead emissions limit under §63.543(a) or (b). Thereafter, you must monitor and record the pressure drop and water flow rate values at least once every hour and you must maintain the pressure drop and water flow rate at levels no lower than 30 percent below the pressure drop and water flow rate measured during the initial performance or compliance test.
(j) You must comply with the requirements specified in paragraphs (j)(1) through (j)(4) of this section to demonstrate continuous compliance with the total hydrocarbons and dioxins and furans emissions standards. During periods of startup and shutdown, the requirements of paragraph (j)(4) of this section do not apply. Instead, you must demonstrate compliance with the standard for total hydrocarbon by meeting the requirements of §63.543(l).
(1) Continuous temperature monitoring. You must install, calibrate, maintain, and continuously operate a device to monitor and record the temperature of the afterburner or furnace exhaust streams consistent with the requirements for continuous monitoring systems in §63.8.
(2) Prior to or in conjunction with the initial performance or compliance test to determine compliance with §63.543(c), you must conduct a performance evaluation for the temperature monitoring device according to §63.8(e). The definitions, installation specifications, test procedures, and data reduction procedures for determining calibration drift, relative accuracy, and reporting described in Performance Specification 2, 40 CFR part 60, appendix B, sections 2, 3, 5, 7, 8, 9, and 10 must be used to conduct the evaluation. The temperature monitoring device must meet the following performance and equipment specifications:
(i) The recorder response range must include zero and 1.5 times the average temperature identified in paragraph (j)(3) of this section.
(ii) The monitoring system calibration drift must not exceed 2 percent of 1.5 times the average temperature identified in paragraph (j)(3) of this section.
(iii) The monitoring system relative accuracy must not exceed 20 percent.
(iv) The reference method must be a National Institute of Standards and Technology calibrated reference thermocouple-potentiometer system or an alternate reference, subject to the approval of the Administrator.
(3) You must monitor and record the temperature of the afterburner or the furnace exhaust streams every 15 minutes during the initial performance or compliance test for total hydrocarbons and dioxins and furans and determine an arithmetic average for the recorded temperature measurements.
(4) To demonstrate continuous compliance with the standards for total hydrocarbons and dioxins and furans, you must maintain an afterburner or exhaust temperature such that the average temperature in any 3-hour period does not fall more than 28 °Celsius (50 °Fahrenheit) below the average established in paragraph (j)(3) of this section.
(k) You must install, operate, and maintain a digital differential pressure monitoring system to continuously monitor each total enclosure as described in paragraphs (k)(1) through (k)(5) of this section.
(1) You must install and maintain a minimum of one building digital differential pressure monitoring system at each of the following three walls in each total enclosure that has a total ground surface area of 10,000 square feet or more:
(i) The leeward wall.
(ii) The windward wall.
(iii) An exterior wall that connects the leeward and windward wall at a location defined by the intersection of a perpendicular line between a point on the connecting wall and a point on its furthest opposite exterior wall, and intersecting within plus or minus ten meters of the midpoint of a straight line between the two other monitors specified. The midpoint monitor must not be located on the same wall as either of the other two monitors.
(2) You must install and maintain a minimum of one building digital differential pressure monitoring system at the leeward wall of each total enclosure that has a total ground surface area of less than 10,000 square feet.
(3) The digital differential pressure monitoring systems must be certified by the manufacturer to be capable of measuring and displaying negative pressure in the range of 0.01 to 0.2 millimeters mercury (0.005 to 0.11 inches of water) with a minimum accuracy of plus or minus 0.001 millimeters of mercury (0.0005 inches of water).
(4) You must equip each digital differential pressure monitoring system with a continuous recorder.
(5) You must calibrate each digital differential pressure monitoring system in accordance with manufacturer's specifications at least once every 12 calendar months or more frequently if recommended by the manufacturer.
(l) Except as provided in paragraphs (l)(2) or (l)(3) of this section, all new or reconstructed sources subject to the requirements under §63.543 must install, calibrate, maintain, and operate a CEMS for measuring lead emissions. In addition to the General Provisions requirements for CEMS in §63.8(c) that are referenced in Table 1 to this subpart, you must comply with the requirements for CEMS specified in paragraph (m) of this section.
(1) Sources subject to the emissions limits for lead compounds under §63.543(b) must install a CEMS for measuring lead emissions within 180 days of promulgation by the EPA of performance specifications for lead CEMS.
(2) Prior to 180 days after the EPA promulgates performance specifications for CEMS used to measure lead concentrations, you must use the procedure described in §63.543(g)(1) to determine compliance.
(3) Vents from control devices that serve only to control emissions from buildings containing lead bearing materials are exempt from the requirement to install a CEMS for measuring lead emissions.
(m) If a CEMS is used to measure lead emissions, you must install a continuous emissions monitoring system with a sensor in a location that provides representative measurement of the exhaust gas flow rate at the sampling location of the CEMS used to measure lead emissions, taking into account the manufacturer's recommendations. The flow rate sensor is that portion of the system that senses the volumetric flow rate and generates an output proportional to that flow rate.
(1) The continuous emissions monitoring system must be designed to measure the exhaust gas flow rate over a range that extends from a value of at least 20 percent less than the lowest expected exhaust flow rate to a value of at least 20 percent greater than the highest expected exhaust gas flow rate.
(2) The continuous emissions monitoring system must be equipped with a data acquisition and recording system that is capable of recording values over the entire range specified in paragraph (m)(1) of this section.
(3) You must perform an initial relative accuracy test of the continuous emissions monitoring system in accordance with the applicable Performance Specification in appendix B to part 60 of this chapter.
(4) You must operate the continuous emissions monitoring system and record data during all periods of operation of the affected facility including periods of startup, shutdown, and malfunction, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities including, as applicable, calibration checks and required zero and span adjustments.
(5) If you have a CEMS to measure lead emissions, you must calculate the average lead concentration and flow rate monthly to determine compliance with §63.543(a).
(6) When the continuous emissions monitoring system is unable to provide quality assured data, the following apply:
(i) When data are not available for periods of up to 48 hours, the highest recorded hourly emissions rate from the previous 24 hours must be used.
(ii) When data are not available for 48 or more hours, the maximum daily emissions rate based on the previous 30 days must be used.
§63.549 Notification requirements.
(a) You must comply with all of the notification requirements of §63.9. Electronic notifications are encouraged if suitable for the specific case (e.g., by electronic media such as Excel spreadsheet, on CD or hard copy), and when required by this subpart.
(b) You must submit the fugitive dust control standard operating procedures manual required under §63.545(a) and the standard operating procedures manual for baghouses required under §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 [INSERT THE DATE ONE YEAR AFTER PUBLICATION OF THIS FINAL RULE IN THE FEDERAL REGISTER]. For sources that commenced construction or reconstruction after [INSERT THE DATE OF PUBLICATION OF THIS 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 [INSERT THE DATE OF PUBLICATION OF THIS 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 THE DATE OF PUBLICATION OF THIS FINAL RULE IN THE FEDERAL REGISTER], you must submit this notification no later than [INSERT THE DATE ONE YEAR AFTER PUBLICATION OF THIS FINAL RULE IN THE FEDERAL REGISTER].
§63.550 Recordkeeping and reporting requirements.
(a) You must comply with all of the recordkeeping and reporting requirements specified in §63.10 that are referenced in Table 1 to this subpart.
(1) Records must be maintained in a form suitable and readily available for expeditious review, according to §63.10(b)(1). However, electronic recordkeeping and reporting if suitable for the specific case (e.g., by electronic media such as Excel spreadsheet, on CD or hard copy), and when required by this subpart.
(2) Records must be kept on site for at least 2 years after the date of occurrence, measurement, maintenance, corrective action, report, or record, according to §63.10(b)(1).
(b) The standard operating procedures manuals required in §63.545(a) and §63.548(a) must be submitted to the Administrator in electronic format for review and approval of the initial submittal and whenever an update is made to the procedure.
(c) You must maintain for a period of 5 years, records of the information listed in paragraphs (c)(1) through (c)(13) of this section.
(1) Electronic records of the bag leak detection system output.
(2) An identification of the date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, the cause of the alarm, an explanation of the corrective actions taken, and the date and time the cause of the alarm was corrected.
(3) All records of inspections and maintenance activities required under §63.548(c) as part of the practices described in the standard operating procedures manual for baghouses required under §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 §63.548(i).
(5) Electronic records of the output from the continuous temperature monitor required in §63.548(j)(1), and an identification of periods when the 3-hour average temperature fell below the minimum established under §63.548(j)(4), and an explanation of the corrective actions taken.
(6) Electronic records of the continuous pressure monitors for total enclosures required in §63.548(k), and an identification of periods when the pressure was not maintained as required in §63.544(c)(1).
(7) Records of any time periods power was lost to the continuous pressure monitors for total enclosures required in §63.548(k) and records of loss of power to the air handling system maintaining negative pressure on total enclosures.
(8) Records of the inspections of facility enclosures required in §63.544(d).
(9) Records of all cleaning and inspections required as part of the practices described in the standard operating procedures manual required under §63.545(a) for the control of fugitive dust emissions.
(10) Electronic records of the output of any CEMS installed to monitor lead emissions meeting the requirements of §63.548(m).
(11) Records of the occurrence and duration of each malfunction of operation (i.e., process equipment) or the air pollution control equipment and monitoring equipment.
(12) Records of actions taken during periods of malfunction to minimize emissions in accordance with §63.543(k), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation.
(13) Records of any periods of startup or shutdown of a furnace and actions taken to minimize emissions during that period in accordance with §63.543(l).
(d) You must comply with all of the reporting requirements specified in §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 §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 §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 §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 §63.543(a), except during the first year when the concentration is calculated using the method described in §63.543(a)(2).
(2) Records of the concentration of total hydrocarbon and dioxins and furans in each process vent that has established limits for total hydrocarbon and dioxins and furans as required in §63.543(c).
(3) Records of all periods when monitoring using a CEMS for lead or total hydrocarbon was not in compliance with applicable limits.
(4) Records of all alarms from the bag leak detection system specified in §63.548.
(5) A description of the procedures taken following each bag leak detection system alarm pursuant to §63.548(f)(1) and (2).
(6) A summary of the records maintained as part of the practices described in the standard operating procedures manual for baghouses required under §63.548(a), including an explanation of the periods when the procedures were not followed and the corrective actions taken.
(7) An identification of the periods when the pressure drop and water flow rate of wet scrubbers used to control process fugitive sources dropped below the levels established in §63.548(i), and an explanation of the corrective actions taken.
(8) Records of the temperature monitor output, in 3-hour block averages, for those periods when the temperature monitored pursuant to §63.548(j) fell below the level established in §63.548(j)(4).
(9) Certification that the plastic separation process for battery breakers required in §63.543(m) was operated at all times the battery breaker was in service.
(10) Records of periods when the pressure was not maintained as required in §63.544(c) or power was lost to the continuous pressure monitoring system as required in §63.548(k).
(11) If a malfunction occurred during the reporting period, the report must include the number, duration, and a brief description for each type of malfunction that occurred during the reporting period and caused or may have caused any applicable emissions limitation to be exceeded. The report must also include a description of actions taken during a malfunction of an affected source to minimize emissions in accordance with §63.543(k), including actions taken to correct a malfunction.
(12) A summary of the fugitive dust control measures performed during the required reporting period, including an explanation of the periods when the procedures outlined in the standard operating procedures manual pursuant to §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 §63.545(a).
(13) Records of any periods of startup or shutdown of a furnace including an explanation of the periods when the procedures required in §63.543(l) were not followed and the corrective actions taken.
(14) You must submit records pursuant to paragraphs (e)(14)(i) through (iii) of this section below.
(i) As of January 1, 2012 and within 60 days after the date of completing each performance test, as defined in §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 §63.2 and required by this subpart, you must submit the relative accuracy test audit data electronically into EPA's Central Data Exchange by using the Electronic Reporting Tool as mentioned in paragraph (e)(14)(i) of this section. Only data collected using test methods compatible with the Electronic Reporting Tool are subject to this requirement to be submitted electronically into EPA's WebFIRE database.
(iii) All reports required by this subpart not subject to the requirements in paragraph (e)(14)(i) and (ii) of this section must be sent to the Administrator at the appropriate address listed in §63.13. The Administrator or the delegated authority may request a report in any form suitable for the specific case (e.g., by electronic media such as Excel spreadsheet, on CD or hard copy). The Administrator retains the right to require submittal of reports subject to paragraph (e)(14)(i) and (ii) of this section in paper format.
§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 §§63.541, 63.543 through 63.544, §63.545, and §63.546.
(2) Approval of major alternatives to test methods under §63.7(e)(2)(ii) and (f), as defined in §63.90, and as required in this subpart.
(3) Approval of major alternatives to monitoring under §63.8(f), as defined in §63.90, and as required in this subpart.
(4) Approval of major alternatives to recordkeeping and reporting under §63.10(f), as defined in §63.90, and as required in this subpart.
§63.552 Affirmative Defense to Civil Penalties for Exceedance of Emissions Limit During Malfunction.
In response to an action to enforce the standards set forth in this subpart, you may assert an affirmative defense to a claim for civil penalties for exceedances of such standards that are caused by malfunction, as defined at §63.2. Appropriate penalties may be assessed, however, if you fail to meet your burden of proving all of the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief.
(a) Affirmative defense. To establish the affirmative defense in any action to enforce such a limit, you must timely meet the notification requirements in paragraph (b) of this section, and must prove by a preponderance of evidence that:
(1) The excess emissions:
(i) Were caused by a sudden, infrequent, and unavoidable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner.
(ii) Could not have been prevented through careful planning, proper design or better operation and maintenance practices.
(iii) Did not stem from any activity or event that could have been foreseen and avoided, or planned for.
(iv) Were not part of a recurring pattern indicative of inadequate design, operation, or maintenance.
(2) Repairs were made as expeditiously as possible when the applicable emissions limitations were being exceeded. Off-shift and overtime labor were used, to the extent practicable to make these repairs.
(3) The frequency, amount and duration of the excess emissions (including any bypass) were minimized to the maximum extent practicable during periods of such emissions.
(4) If the excess emissions resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.
(5) All possible steps were taken to minimize the impact of the excess emissions on ambient air quality, the environment and human health.
(6) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices.
(7) All of the actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs.
(8) At all times, the affected source was operated in a manner consistent with good practices for minimizing emissions.
(9) A written root cause analysis has been prepared, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the excess emissions resulting from the malfunction event at issue. The analysis shall also specify, using best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction.
(b) Notification. The owner or operator of the affected source experiencing an exceedance of its emissions limit(s) during a malfunction, shall notify the Administrator by telephone or facsimile transmission as soon as possible, but no later than two business days after the initial occurrence of the malfunction, it wishes to avail itself of an affirmative defense to civil penalties for that malfunction. The owner or operator seeking to assert an affirmative defense, shall also submit a written report to the Administrator within 45 days of the initial occurrence of the exceedance of the standard in this subpart to demonstrate, with all necessary supporting documentation, that it has met the requirements set forth in paragraph (a) of this section. The owner or operator may seek an extension of this deadline for up to 30 additional days by submitting a written request to the Administrator before the expiration of the 45 day period. Until a request for an extension has been approved by the Administrator, the owner or operator is subject to the requirement to submit such report within 45 days of the initial occurrence of the exceedance.
Table 1 to Subpart X of Part 63 -- General Provisions Applicability to Subpart X
                                   Reference
                             Applies to subpart X
                                    Comment

63.1
Yes

63.2
Yes

63.3
Yes

63.4
Yes

63.5
Yes

63.6(a), (b), (c)
Yes

63.6(d)
No
Section reserved.
63.6(e)(1)(i)
No
See 63.543(k) for general duty requirement.
63.6(e)(1)(ii)
No

63.6(e)(1)(iii)
Yes

63.6(e)(2)
No
Section reserved.
63.6(e)(3)
No

63.6(f)(1)
No

63.6(g)
Yes

63.6(h)
No
No opacity limits in rule.
63.6(i)
Yes

63.6(j)
Yes

63.7(a)-(d)
Yes

63.7(e)(1)
No
See 63.543(j)
63.7(e)(2)-(e)(4)
Yes

63.7(f), (g), (h)
Yes

63.8(a)-(b)
Yes

63.8(c)(1)(i)
No
See 63.543(k) for general duty requirement.
63.8(c)(1)(ii)
Yes

63.8(c)(1)(iii)
No

63.8(c)(2)-(d)(2)
Yes

63.8(d)(3)
Yes, except for last sentence

63.8(e)-(g)
Yes

63.9(a),(b),(c),(e),(g),(h)(1)through (3), (h)(5) and (6), (i) and (j)
Yes

63.9(f)
No

63.9(h)(4)
No
Reserved
63.10 (a)
Yes

63.10 (b)(1)
Yes

63.10(b)(2)(i)
No

63.10(b)(2)(ii)
No
See 63.550 for recordkeeping of occurrence and duration of malfunctions and recordkeeping of actions taken during malfunction.
63.10(b)(2)(iii)
Yes

63.10(b)(2)(iv)-(b)(2)(v)
No

63.10(b)(2)(vi)-(b)(2)(xiv)
Yes

63.(10)(b)(3)
Yes

63.10(c)(1)-(9)
Yes

63.10(c)(10)-(11)
No
See 63.550 for recordkeeping of malfunctions.
63.10(c)(12)-(c)(14)
Yes

63.10(c)(15)
No

63.10(d)(1)-(4)
Yes

63.10(d)(5)
No
See 63.550(e)(11) for reporting of malfunctions.
63.10(e)-((f)
Yes

63.11
No
Flares will not be used to comply with the emission limits
63.12 to 63.15
Yes

Table 2 to Subpart X of Part 63- - Emissions Limits for Secondary Lead Smelting Furnaces
                       For vents from these processes...
               You must meet the following emissions limits...a

                               Total Hydrocarbon
   ppm by volume expressed as propane corrected to 4 percent carbon dioxide
Dioxin and Furan (dioxins and furans) nanograms/dscm expressed as TEQ corrected to 7 percent O2
Collocated blast and reverberatory furnace (new and existing)
20 ppmv
0.50 ng/dscm
Collocated blast and reverberatory furnace when the Reverberatory furnace is not operating for units that comments construction or reconstruction before June 9, 1994
360 ppmv
170 ng/dscm
Collocated blast and reverberatory furnace when the reverberatory furnace is not operating for units that commence construction or reconstruction after June 9, 1994
70 ppmv
170 ng/dscm
Blast furnace that commence construction or reconstruction before June 9, 1994
360 ppmv
170 ng/dscm
Blast furnaces that commence construction or reconstruction after June 9, 1994
70 ppmv
170 ng/dscm
Blast furnaces that commence construction or reconstruction after May 19, 2011
70 ppmv
10 ng/dscm
Reverberatory and electric furnace that commence construction or reconstruction before May 19, 2011
12 ppmv
0.20 ng/dscm
Reverberatory and electric furnace that commence construction or reconstruction after May 19, 2011
12 ppmv
0.10 ng/dscm
aThere are no standards for dioxins and furans during periods of startup and shutdown.

Table 3 to Subpart X of Part 63  -  Toxic Equivalency Factors
                             Dioxin/furan congener
                           Toxic 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