Note: This file was prepared prior to signature of the final NESHAP amendments for secondary lead smelting, which were signed on December 16, 2011 and published in the Federal Register on January 5, 2012 (77 FR 556). However, the file was inadvertently not sent to the docket at that time.
MEMORANDUM:
To:  Secondary Lead RTR Docket EPA-HQ-OAR-2011-0344
From:  Nathan Topham, Project Lead
Date:  December 16, 2011
Re:  Potential Interface Between Enclosure Standards in section 63.544(c) and Standards for Containment Buildings


Some secondary lead smelters are classified as treatment, storage and disposal facilities under the regulations implementing subtitle C of the Resource Conservation and Recovery Act (RCRA).  Some of these facilities have enclosures which may be "containment buildings", which is a type of regulated unit under the subtitle C rules.  See 40 CFR section 264.1100.  These containment buildings must "take measures to control fugitive emissions such that any openings (doors, windows, vents, cracks, etc.) exhibit no visible emissions".  40 CFR section 264.1101 (c)(4).  EPA believes that this standard is compatible with the requirements for enclosures being promulgated in section 63.544.  Specifically, EPA sees no technical impediment to a source using the same measures to satisfy the enclosure standards and the no visible emissions standard.  Nor did any commenter suggest otherwise.
