[Federal Register Volume 87, Number 230 (Thursday, December 1, 2022)]
[Proposed Rules]
[Pages 73708-73722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25586]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2022-0481; FRL-9630-01-OAR]
RIN 2060-AV78


New Source Performance Standards Review for Secondary Lead 
Smelters

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
amendments to the Standards of Performance for secondary lead smelters 
per the Agency's periodic review of the new source performance 
standards required by the Clean Air Act (CAA). In this action, we are 
proposing updates to the current New Source Performance Standards 
(NSPS) for secondary lead smelters and proposing a new NSPS subpart 
that applies to affected sources constructed, reconstructed, or 
modified after the date of this proposed rule. For the current NSPS 
subpart, we are proposing to revise the definitions of blast furnace, 
reverberatory furnace, and pot furnace to more closely align with the 
equipment definitions used in the National Emissions Standards for 
Hazardous Air Pollutants (NESHAP) for secondary lead smelting. We are 
also proposing requirements for periodic performance tests for 
particulate matter (PM) and incorporating revised monitoring, 
recordkeeping, and reporting requirements, including electronic 
reporting of performance tests, to be more consistent with the NESHAP. 
For the new subpart, we are proposing updated PM and opacity emissions 
limits for blast, reverberatory, and pot furnaces that reflect the 
performance achieved by the best system for emissions reductions 
(BSER). In the new subpart, we are proposing PM and opacity emissions 
limits that apply at all times, including during periods of startup, 
shutdown, and malfunction (SSM), and proposing initial and periodic PM 
and opacity performance testing and the same equipment definitions, 
recordkeeping, and reporting requirements proposed for current NSPS 
subpart.

DATES: 
    Comments. Comments must be received on or before January 17, 2023. 
Comments on the information collection provisions submitted to the 
Office of Management and Budget (OMB) under the Paperwork Reduction Act 
(PRA) are best assured of consideration by OMB if OMB receives a copy 
of your comments on or before January 3, 2023.
    Public Hearing. If anyone contacts us requesting a public hearing 
on or before December 6, 2022, we will hold a virtual hearing. Please 
refer to the SUPPLEMENTARY INFORMATION for information on requesting 
and registering for a public hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2022-0481, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-

[[Page 73709]]

2022-0481 in the subject line of the message.
     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2022-0481.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Docket ID No. EPA-HQ-OAR-2022-0481, Mail Code 28221T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, WJC West 
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. 
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Tonisha Dawson, Sector Policies and 
Programs Division (D243-02), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-1454; fax 
number: (919) 541-4991; and email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Participation in virtual public hearing.
    To request a virtual public hearing, contact the public hearing 
team at (888) 372-8699 or by email at [email protected]. If 
requested, the virtual hearing will be held on December 16, 2022. The 
hearing will convene at 11:00 a.m. Eastern Time (ET) and will conclude 
at 5:00 p.m. ET. The EPA may close a session 15 minutes after the last 
pre-registered speaker has testified if there are no additional 
speakers. The EPA will announce further details at https://www.epa.gov/stationary-sources-air-pollution/secondary-lead-smelters-new-source-performance-standards-nsps.
    If a public hearing is requested, the EPA will begin pre-
registering speakers for the hearing no later than 1 business day after 
a request has been received. To register to speak at the virtual 
hearing, please use the online registration form available at https://www.epa.gov/stationary-sources-air-pollution/secondary-lead-smelters-new-source-performance-standards-nsps or contact the public hearing 
team at (888) 372-8699 or by email at [email protected]. The 
last day to pre-register to speak at the hearing will be December 13, 
2022. Prior to the hearing, the EPA will post a general agenda that 
will list pre-registered speakers in approximate order at: https://www.epa.gov/stationary-sources-air-pollution/secondary-lead-smelters-new-source-performance-standards-nsps.
    The EPA will make every effort to follow the schedule as closely as 
possible on the day of the hearing; however, please plan for the 
hearings to run either ahead of schedule or behind schedule.
    Each commenter will have 4 minutes to provide oral testimony. The 
EPA encourages commenters to provide the EPA with a copy of their oral 
testimony electronically (via email) by emailing it to 
[email protected]. The EPA also recommends submitting the text of 
your oral testimony as written comments to the rulemaking docket.
    The EPA may ask clarifying questions during the oral presentations 
but will not respond to the presentations at that time. Written 
statements and supporting information submitted during the comment 
period will be considered with the same weight as oral testimony and 
supporting information presented at the public hearing.
    Please note that any updates made to any aspect of the hearing will 
be posted online at https://www.epa.gov/stationary-sources-air-pollution/secondary-lead-smelters-new-source-performance-standards-nsps. While the EPA expects the hearing to go forward as described in 
this section, please monitor our website or contact the public hearing 
team at (888) 372-8699 or by email at [email protected] to 
determine if there are any updates. The EPA does not intend to publish 
a document in the Federal Register announcing updates.
    If you require the services of a translator or a special 
accommodation such as audio description, please pre-register for the 
hearing with the public hearing team and describe your needs by 
December 8, 2022. The EPA may not be able to arrange accommodations 
without advanced notice.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2022-0481. All documents in the docket are 
listed in the Regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy.
    Written Comments. Submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2022-0481, at https://www.regulations.gov (our preferred 
method), or the other methods identified in the ADDRESSES section. Once 
submitted, comments cannot be edited or removed from the docket. The 
EPA may publish any comment received to its public docket. Do not 
submit to EPA's docket at https://www.regulations.gov any information 
you consider to be CBI or other information whose disclosure is 
restricted by statute. This type of information should be submitted as 
discussed in the Submitting CBI section of this document.
    Multimedia submissions (audio, video, etc.) must be accompanied by 
a written comment. The written comment is considered the official 
comment and should include discussion of all points you wish to make. 
The EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the Web, cloud, or 
other file sharing system). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the full EPA 
public comment policy; information about CBI or multimedia submissions; 
and general guidance on making effective comments.
    The https://www.regulations.gov/ website allows you to submit your 
comment anonymously, which means the EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an email comment directly to the EPA without going through 
https://www.regulations.gov/, your email address will be automatically 
captured and included as part of the comment that is placed in the 
public docket and made available on the internet. If you submit an 
electronic comment, the EPA recommends that you include your name and 
other contact information in the body of your comment and with any 
digital storage media you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should not include special characters or any form of encryption and be 
free of any defects or viruses.
    Submitting CBI. Do not submit information containing CBI to the EPA 
through https://www.regulations.gov/. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information on any 
digital

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storage media that you mail to the EPA, note the docket ID, mark the 
outside of the digital storage media as CBI, and identify 
electronically within the digital storage media the specific 
information that is claimed as CBI. In addition to one complete version 
of the comments that includes information claimed as CBI, you must 
submit a copy of the comments that does not contain the information 
claimed as CBI directly to the public docket through the procedures 
outlined in Written Comments section of this document. If you submit 
any digital storage media that does not contain CBI, mark the outside 
of the digital storage media clearly that it does not contain CBI and 
note the docket ID. Information not marked as CBI will be included in 
the public docket and the EPA's electronic public docket without prior 
notice. Information marked as CBI will not be disclosed except in 
accordance with procedures set forth in 40 Code of Federal Regulations 
(CFR) part 2.
    Our preferred method to receive CBI is for it to be transmitted 
electronically using email attachments, File Transfer Protocol (FTP), 
or other online file sharing services (e.g., Dropbox, OneDrive, Google 
Drive). Electronic submissions must be transmitted directly to the 
Office of Air Quality Planning and Standards (OAQPS) CBI Office at the 
email address [email protected], and as described above, should include 
clear CBI markings and note the docket ID. If assistance is needed with 
submitting large electronic files that exceed the file size limit for 
email attachments, and if you do not have your own file sharing 
service, please email [email protected] to request a file transfer link. 
If sending CBI information through the postal service, please send it 
to the following address: OAQPS Document Control Officer (C404-02), 
OAQPS, U.S. Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2022-0481. The 
mailed CBI material should be double wrapped and clearly marked. Any 
CBI markings should not show through the outer envelope.
    Preamble acronyms and abbreviations. Throughout this document the 
use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We 
use multiple acronyms and terms in this preamble. While this list may 
not be exhaustive, to ease the reading of this preamble and for 
reference purposes, the EPA defines the following terms and acronyms 
here:

ABR Association of Battery Recyclers
ANSI American National Standards Institute
ASTM ASTM International
BSER best system of emission reduction
CAA Clean Air Act
CBI Confidential Business Information
CDC Centers for Disease Control and Prevention
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CFR Code of Federal Regulations
DCOT digital camera opacity technique
EIA economic impact analysis
EJ environmental justice
EPA Environmental Protection Agency
ERT Electronic Reporting Tool
ET Eastern Time
FR Federal Register
FTP file transfer protocol
gr/dscf grains per dry standard cubic feet
IBR incorporate by reference
ICR information collection request
JPEG joint photographic experts group
mg/dscm milligram per dry standard cubic meter
NAICS North American Industry Classification System
NEI National Emissions Inventory
NESHAP national emission standards for hazardous air pollutants
NSPS new source performance standards
NTTAA National Technology Transfer and Advancement
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
PBI Proprietary Business Information
PDF portable document format
PM particulate matter
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
RIA regulatory impact analysis
RIN Regulatory Information Number
RTR risk and technology review
SOP standard operating procedures
SSM startup, shutdown and malfunctions
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
VCS voluntary consensus standard
WESP wet electrostatic precipitator

    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
II. Background
    A. What is the statutory authority for this action?
    B. What is this source category and what are the current NSPS 
requirements?
    C. What data and information were used to support this action?
    D. How does the EPA perform the NSPS review?
III. What actions are we proposing?
    A. NSPS Review and Proposed Revisions
    B. Proposal of NSPS Subpart La Without Startup, Shutdown, 
Malfunctions Exemptions
    C. Testing and Monitoring Requirements
    D. Notification, Recordkeeping and Reporting Requirements
    E. Compliance Dates
IV. Summary of Cost, Environmental, and Economic Impacts
    A. What are the air quality impacts?
    B. What are the secondary impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
    F. What analysis of environmental justice did we conduct?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does this action apply to me?

    The source category that is the subject of this proposal is 
comprised of the secondary lead smelters regulated under CAA section 
111 New Source Performance Standards. The North American Industry 
Classification System (NAICS) code for the source category is 331492. 
The NAICS code serves as a guide for readers outlining the entities 
that this proposed action is likely to affect. The proposed standards, 
once promulgated, will be directly applicable to affected facilities 
that begin construction, reconstruction, or modification after the date 
of publication of the proposed standards in the Federal Register. 
Federal, state, local and tribal government entities would not be 
affected by this action.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this action is available on the internet. Following signature by the 
EPA Administrator, the EPA will post a copy of this proposed action at 
https://www.epa.gov/stationary-sources-air-pollution/secondary-lead-smelters-new-source-performance-standards-nsps. Following

[[Page 73711]]

publication in the Federal Register, the EPA will post the Federal 
Register version of the proposal and key technical documents at this 
same website.
    A memorandum showing the edits that would be necessary to 
incorporate the changes to 40 CFR part 60, subparts L and La, proposed 
in this action is available in the docket (Docket ID No. EPA-HQ-OAR-
2022-0481). Following signature by the EPA Administrator, the EPA also 
will post a copy of these documents to https://www.epa.gov/stationary-sources-air-pollution/secondary-lead-smelters-new-source-performance-standards-nsps.

II. Background

A. What is the statutory authority for this action?

    The EPA's authority for this proposed rule is CAA section 111, 
which governs the establishment of standards of performance for 
stationary sources. Section 111(b)(1)(A) of the CAA requires the EPA 
Administrator to list categories of stationary sources that in the 
Administrator's judgment cause or contribute significantly to air 
pollution that may reasonably be anticipated to endanger public health 
or welfare. The EPA must then issue performance standards for new (and 
modified or reconstructed) sources in each source category pursuant to 
CAA section 111(b)(1)(B). These standards are referred to as new source 
performance standards, or NSPS. The EPA has the authority to define the 
scope of the source categories, determine the pollutants for which 
standards should be developed, set the emission level of the standards, 
and distinguish among classes, types, and sizes within categories in 
establishing the standards.
    CAA section 111(b)(1)(B) requires the EPA to ``at least every 8 
years review and, if appropriate, revise'' new source performance 
standards. However, the Administrator need not review any such standard 
if the ``Administrator determines that such review is not appropriate 
in light of readily available information on the efficacy'' of the 
standard. When conducting a review of an existing performance standard, 
the EPA has the discretion and authority to add emission limits for 
pollutants or emission sources not currently regulated for that source 
category.
    In setting or revising a performance standard, CAA section 
111(a)(1) provides that performance standards are to reflect ``the 
degree of emission limitation achievable through the application of the 
best system of emission reduction which (taking into account the cost 
of achieving such reduction and any nonair quality health and 
environmental impact and energy requirements) the Administrator 
determines has been adequately demonstrated.'' The term ``standard of 
performance'' in CAA section 111(a)(1) makes clear that the EPA is to 
determine both BSER for the regulated sources in the source category 
and the degree of emission limitation achievable through application of 
the BSER. The EPA must then, under CAA section 111(b)(1)(B), promulgate 
standards of performance for new sources that reflect that level of 
stringency. CAA section 111(b)(5) precludes the EPA from prescribing a 
particular technological system that must be used to comply with a 
standard of performance. Rather, sources can select any measure or 
combination of measures that will achieve the standard.
    Pursuant to the definition of new source in CAA section 111(a)(2), 
standards of performance apply to facilities that begin construction, 
reconstruction, or modification after the date of publication of the 
proposed standards in the Federal Register. Under CAA section 
111(a)(4), ``modification'' means any physical change in, or change in 
the method of operation of, a stationary source which increases the 
amount of any air pollutant emitted by such source or which results in 
the emission of any air pollutant not previously emitted. Changes to an 
existing facility that do not result in an increase in emissions are 
not considered modifications. Under the provisions in 40 CFR 60.15, 
reconstruction means the replacement of components of an existing 
facility such that: (1) The fixed capital cost of the new components 
exceeds 50 percent of the fixed capital cost that would be required to 
construct a comparable entirely new facility; and (2) it is 
technologically and economically feasible to meet the applicable 
standards. Pursuant to CAA section 111(b)(1)(B), the standards of 
performance or revisions thereof shall become effective upon 
promulgation.

B. What is this source category and what are the current NSPS 
requirements?

    Secondary lead smelters produce lead and lead alloys from lead-
bearing scrap material. Lead is used to make various construction, 
medical, industrial, and consumer products such as batteries, glass, x-
ray protection gear, and various fillers. The secondary lead smelting 
process consists of (1) pre-processing of lead bearing materials, (2) 
melting lead metal and reducing lead compounds to lead metal in the 
smelting furnace, and (3) refining and alloying the lead to customer 
specifications.
    At secondary lead smelting facilities, blast and reverberatory 
furnaces are used in the smelting processes, and pot furnaces are used 
in the refining process. The processes vent PM emissions from blast and 
reverberatory furnaces through ductwork to control devices. Emissions 
of PM also occur at various points during the smelting process, such as 
during charging and tapping of furnaces and refining processes. Based 
on the NESHAP requirements, the process fugitive emissions require 
hooding or negative-pressure enclosures to capture PM emissions before 
they can be routed to control devices. Entrainment of dry materials in 
ambient air due to material processing, vehicle traffic, wind erosion 
from storage piles, and other activities can also be a source of PM 
emissions. Secondary lead smelting facilities use a variety of control 
devices (e.g., baghouses, gas scrubbers), often in combination, to 
reduce PM and opacity emissions from process vent and process fugitive 
sources. Facilities use suppression techniques (e.g., washing roadways, 
wetting storage piles) and negative-pressure enclosures to reduce PM 
emissions from fugitive dust sources.
    The EPA proposed the original NSPS (subpart L) for the secondary 
lead smelting source category (40 CFR part 60, subpart L) on June 11, 
1973 (38 FR 15406) and promulgated the NSPS on March 8, 1974 (39 FR 
9308). The NSPS for secondary lead smelting as promulgated in 1974 
regulates PM emissions from blast and reverberatory furnaces and also 
specifies limits for visible emissions (opacity) for blast and 
reverberatory furnaces and for pot (refining) furnaces. The EPA amended 
subpart L on October 10, 1975, to remove a provision providing that the 
failure to meet the NSPS emissions limits due to the presence of 
uncombined water in the stack gases was not considered a violation.
    Subpart L specifies that owners or operators of affected facilities 
must limit PM emissions from blast and reverberatory furnaces to not 
more than 50 milligrams per dry standard cubic meter (mg/dscm) or 0.022 
grains per dry standard cubic feet (gr/dscf). Subpart L also specifies 
that visible emissions must not exceed 20 percent opacity from blast or 
reverberatory furnaces and 10 percent opacity from pot furnaces.
    Currently, there are 11 secondary lead smelting facilities in the 
United States. Each facility operates furnaces that are subject to the 
PM and opacity limits specified in subpart L.

[[Page 73712]]

C. What data and information were used to support this action?

    To support this action, the EPA created the list of existing 
secondary lead smelting facilities by updating the facility list 
developed to support the 2012 NESHAP for secondary lead smelting (40 
CFR part 63, subpart X) with information obtained from the National 
Emissions Inventory (NEI), Earthjustice, and the Association of Battery 
Recyclers (ABR). To determine the control measures currently used to 
control emissions from blast, reverberatory, and pot furnaces in the 
industry, the EPA obtained facility operating permits issued by state 
regulatory agencies which contained information regarding process 
equipment, control devices, and applicable regulatory emissions limits. 
The EPA also obtained reports of performance tests conducted to 
demonstrate compliance with NESHAP subpart X from the EPA's WebFIRE and 
from state regulatory agencies. Although the target pollutant of the 
test reports was lead, the pollutant regulated under NESHAP subpart X, 
some of the reports also provided PM emissions and opacity data for 
blast, reverberatory, and pot furnaces. The facility operating permits, 
test reports, and a memorandum summarizing the available PM emissions 
and opacity data are available in the public docket for this action 
(Docket ID No. EPA-HQ-OAR-2022-0481).

D. How does the EPA perform the NSPS review?

    As noted in section II.A of this preamble, CAA section 111 requires 
the EPA, at least every 8 years, to review and, if appropriate revise 
the standards of performance applicable to new, modified, and 
reconstructed sources. If the EPA revises the standards of performance, 
they must reflect the degree of emission limitation achievable through 
the application of the BSER taking into account the cost of achieving 
such reduction and any non-air quality health and environmental impact 
and energy requirements. CAA section 111(a)(1).
    In reviewing an NSPS to determine whether it is ``appropriate'' to 
revise the standards of performance, the EPA evaluates the statutory 
factors, which may include consideration of the following information:
     Expected growth for the source category, including how 
many new facilities, reconstructions, and modifications may trigger 
NSPS in the future.
     Pollution control measures, including advances in control 
technologies, process operations, design or efficiency improvements, or 
other systems of emission reduction, that are ``adequately 
demonstrated'' in the regulated industry.
     Available information from the implementation and 
enforcement of current requirements indicating that emission 
limitations and percent reductions beyond those required by the current 
standards are achieved in practice.
     Costs (including capital and annual costs) associated with 
implementation of the available pollution control measures.
     The amount of emission reductions achievable through 
application of such pollution control measures.
     Any non-air quality health and environmental impact and 
energy requirements associated with those control measures.
    In evaluating whether the cost of a particular system of emission 
reduction is reasonable, the EPA considers various costs associated 
with the particular air pollution control measure or a level of 
control, including capital costs and operating costs, and the emission 
reductions that the control measure or particular level of control can 
achieve. The Agency considers these costs in the context of the 
industry's overall capital expenditures and revenues. The Agency also 
considers cost-effectiveness analysis as a useful metric and a means of 
evaluating whether a given control achieves emission reduction at a 
reasonable cost. A cost-effectiveness analysis allows comparisons of 
relative costs and outcomes (effects) of two or more options. In 
general, cost-effectiveness is a measure of the outcomes produced by 
resources spent. In the context of air pollution control options, cost-
effectiveness typically refers to the annualized cost of implementing 
an air pollution control option divided by the amount of pollutant 
reductions realized annually.
    After the EPA evaluates the statutory factors, the EPA compares the 
various systems of emission reductions and determines which system is 
``best'' and therefore represents the BSER. The EPA then establishes a 
standard of performance that reflects the degree of emission limitation 
achievable through the implementation of the BSER. In doing this 
analysis, the EPA can determine whether subcategorization is 
appropriate based on classes, types, and sizes of sources and may 
identify a different BSER and establish different performance standards 
for each subcategory. The result of the analysis and BSER determination 
leads to standards of performance that apply to facilities that begin 
construction, reconstruction, or modification after the date of 
publication of the proposed standards in the Federal Register. Because 
the new source performance standards reflect the best system of 
emission reduction under conditions of proper operation and 
maintenance, in doing its review, the EPA also evaluates and determines 
the proper testing, monitoring, recordkeeping and reporting 
requirements needed to ensure compliance with the emission standards.
    See section II.C of this preamble for information on the specific 
data sources that were reviewed as part of this action.

III. What actions are we proposing?

A. NSPS Review and Proposed Revisions

    In this action, the EPA is proposing to amend existing NSPS subpart 
L to:
     Clarify the applicability dates.
     Update the definitions of blast, reverberatory and pot 
furnaces to be more consistent with the NESHAP (40 CFR part 63, subpart 
X).
     Require initial and periodic compliance tests for PM 
emissions consistent with the NESHAP (40 CFR part 63, subpart X).
     Require monitoring, recordkeeping, and reporting 
requirements consistent with the NESHAP (40 CFR part 63, subpart X).
     Require submission of electronic performance test reports.
    We solicit comment on the amendments to the existing NSPS subpart L 
as described in the subsequent sections.
    The EPA is also proposing to establish a new subpart (40 CFR part 
60, subpart La) that applies to affected sources that begin 
construction, reconstruction, or modification after December 1, 2022. 
In subpart La, EPA is proposing that the following emission standards 
apply at all times, including periods of SSM:
     Limit PM emissions from blast and reverberatory furnaces 
to 10 mg/dscm.
     Limit PM emissions from pot furnaces to 3 mg/dscm.
     Limit opacity of blast, reverberatory, and pot furnace 
emissions to 0 percent.
    For subpart La, the EPA is proposing the same definitions, PM 
testing, monitoring, recordkeeping, and reporting requirements as 
proposed for subpart L. In addition, we are proposing initial and 
periodic opacity testing for subpart La.

[[Page 73713]]

1. Applicability
    For 40 CFR part 60, subpart L, the EPA is proposing to amend 40 CFR 
60.120 (Applicability and designation of affected facility) to clarify 
that subpart L applies to affected sources that commence construction 
or modification after June 11, 1973, but before December 1, 2022. For 
subpart La, the EPA is proposing to add 40 CFR 60.120a (Applicability 
and designation of affected facility) to specify that 40 CFR part 60, 
subpart La, applies to affected sources that commence construction, 
reconstruction, or modification after December 1, 2022.
2. Definitions
    In this action, the EPA is proposing to incorporate the definitions 
shown in Table 1 of this preamble into 40 CFR 60.121 (Definitions) of 
existing 40 CFR part 60, subpart L, and 40 CFR 60.121a (Definitions) of 
the proposed 40 CFR part 60, subpart La. These proposed definitions are 
intended to improve the clarity of the NSPS subparts and reduce 
potential confusion among industry and regulatory agencies by aligning 
the descriptions of the affected sources that would be regulated by 40 
CFR part 60, subparts L and La, to be more consistent with the 
definitions within 40 CFR part 63, subpart X, but still with some 
slight differences (e.g., minimum temperatures) that we think are 
appropriate, as shown in Table 1. These proposed changes do not affect 
the applicability of existing subpart L.

                      Table 1--Process Equipment Definitions Proposed for Subpart L and La
----------------------------------------------------------------------------------------------------------------
                                                                                         Proposed for subpart L
             Equipment                     Current              NESHAP subpart X                 and La
----------------------------------------------------------------------------------------------------------------
Blast furnace.....................  Any furnace used to    A smelting furnace          A smelting furnace
                                     recover metal from     consisting of a vertical    consisting of a vertical
                                     slag.                  cylinder atop a crucible,   cylinder atop a
                                                            into which lead-bearing     crucible, into which
                                                            charge materials are        lead-bearing charge
                                                            introduced at the top of    materials are introduced
                                                            the furnace and             at the top of the
                                                            combustion air is           furnace and combustion
                                                            introduced through          air is introduced
                                                            tuyeres at the bottom of    through tuyeres at the
                                                            the cylinder, and that      bottom of the cylinder,
                                                            uses coke as a fuel         and that lead compounds
                                                            source and that is          are chemically reduced
                                                            operated at such a          to elemental lead metal.
                                                            temperature in the
                                                            combustion zone (greater
                                                            than 980 Celsius) that
                                                            lead compounds are
                                                            chemically reduced to
                                                            elemental lead metal.
Reverberatory furnace.............  Includes the           A refractory-lined furnace  A refractory-lined
                                     following types of     that uses one or more       furnace that uses one or
                                     reverberatory          flames to heat the walls    more flames to heat the
                                     furnaces:              and roof of the furnace     walls and roof of the
                                     stationary,            and lead-bearing scrap to   furnace and lead-bearing
                                     rotating, rocking,     such a temperature          scrap such that lead
                                     and tilting.           (greater than 980           compounds are chemically
                                                            Celsius) that lead          reduced to elemental
                                                            compounds are chemically    lead metal.
                                                            reduced to elemental lead   Reverberatory furnaces
                                                            metal.                      include the following
                                                                                        types: stationary,
                                                                                        rotating, rocking, and
                                                                                        tilting.
Pot furnace.......................  Not defined..........  Refining kettle means an    Pot furnace is a type of
                                                            open-top vessel that is     refining kettle, which
                                                            constructed of cast iron    is an open-top vessel
                                                            or steel and is             constructed of cast iron
                                                            indirectly heated from      or steel and is
                                                            below and contains molten   indirectly heated from
                                                            lead for the purpose of     below and contains
                                                            refining and alloying the   molten lead for the
                                                            lead. Included are pot      purpose of refining and
                                                            furnaces, receiving         alloying the lead.
                                                            kettles, and holding
                                                            kettles.
----------------------------------------------------------------------------------------------------------------

    The EPA solicits comment on the proposed revisions to the process 
equipment definitions for subparts L and proposed process equipment 
definitions to be included in subpart La.
3. PM Standards of Performance
    In developing NSPS subpart L, the EPA identified the types of 
controls used and the corresponding PM and opacity levels of blast, 
reverberatory, and pot furnace emissions at secondary lead smelting 
facilities (that were considered well controlled at the time) as 
described in the 1973 background document titled, Group II--New Source 
Performance Standards, which is available in the docket of this 
proposed rule. Table 2 presents the BSER the EPA identified for blast, 
reverberatory, and pot furnaces in 1973.

                  Table 2--BSER for 1975 NSPS Subpart L
------------------------------------------------------------------------
            Emissions source                    Control technology
------------------------------------------------------------------------
Blast furnace..........................  Afterburner and Venturi
                                          scrubber--or--Fabric filter.
Reverberatory furnace..................  Venturi scrubber--or--Fabric
                                          filter.
Pot furnace............................  Venturi scrubber--or--Fabric
                                          filter.
------------------------------------------------------------------------

    Based on the PM emissions and opacity data available at that time, 
the EPA established in subpart L, the following emissions limits for 
blast and reverberatory furnaces:
     50 milligrams per dry standard cubic meter, mg/dscm (0.022 
grains per dry standard cubic feet, gr/dscf).
     20 percent opacity.
    When the EPA finalized subpart L, PM emissions data were not 
available for pot furnaces; therefore, the EPA did not establish a PM 
limit. However, sufficient data were available to establish an opacity 
limit of 10 percent for pot furnaces in subpart L.
    As specified in section II.D of this preamble, CAA section 111 
requires the EPA to review the BSER for the source category and 
determine whether it is appropriate to revise the standards of 
performance, including consideration of available information 
indicating that emission limitations and percent reductions beyond 
those required by the current standards are achieved in practice. In 
making this determination for the secondary lead smelting source 
category, the EPA considered the following information:
     Types of demonstrated control measures for reducing PM 
emissions and opacity from blast, reverberatory, and pot furnaces.
     Available test data showing the levels of PM emissions and 
opacity currently achieved for blast, reverberatory, and pot furnaces.
     Costs of implementing the PM and opacity controls.
    We solicit comment on the BSER analysis and the proposed standards 
of

[[Page 73714]]

performance as explained in the subsequent sections.
a. PM and Opacity Control Measures
    For our BSER review, to determine the types of control measures 
currently used in the secondary lead industry to reduce PM emissions 
and opacity from blast, reverberatory, and pot furnaces, the EPA 
obtained and reviewed operating permits issued by state regulatory 
agencies for each secondary lead smelting facility in the United 
States. The EPA's permit review identified that secondary lead smelting 
facilities continue to use filtration (i.e., fabric filters or 
baghouses), scrubbers, and afterburners to reduce PM emissions and 
opacity from blast furnaces, and filtration and scrubbers to reduce PM 
emissions and opacity from reverberatory furnaces. For pot furnaces, 
the permit review identified the continued use of baghouses and 
scrubbers to reduce opacity from furnace emissions. Three facilities 
also use wet electrostatic precipitators (WESPs) to control furnace PM 
emissions and opacity (two facilities control a combined gas stream of 
reverberatory and pot furnace emissions using a WESP, and one facility 
controls pot furnace emissions using a WESP). The memorandum 
documenting the EPA's review of facility operating permits titled CAA 
Section 111(b)(1)(B) Review Memorandum for Secondary Lead Smelters can 
be found in the docket for the proposed rulemaking (Docket ID No. EPA-
HQ-OAR-2022-0481). The EPA seeks comment regarding the findings of our 
permit review.
b. Available PM and Opacity Data
    To determine the current level of PM emissions and opacity 
reduction achieved for blast, reverberatory, and pot furnaces, the EPA 
reviewed facility performance test data obtained from WebFIRE, the 
EPA's repository of performance test reports, and from state regulatory 
agencies. The memorandum documenting the available PM and opacity data 
titled Particulate Matter and Opacity Emissions Test Data Memorandum 
for Secondary Lead Smelters is available in the docket for the proposed 
rulemaking (Docket ID No. EPA-HQ-OAR-2022-0481). The EPA's review of 
the available PM and opacity data identified that, since promulgation 
of NSPS subpart L in 1974, technologies for reducing PM emissions and 
opacity from blast, reverberatory, and pot furnaces have improved 
dramatically (e.g., due to improved bag materials, replacement of older 
baghouses). The 2011 proposal preamble for NESHAP subpart X (76 FR 
29059) also noted the improved performance of particulate control 
devices.
    For blast and reverberatory furnaces, the PM emissions data 
available to the EPA consist of 42 test run-level data points obtained 
using EPA Method 5 (the same test method specified in 40 CFR part 60, 
subpart L) from three facilities, with average values ranging from 0.34 
to 9.53 mg PM/dscm. For pot furnaces, the PM emissions data available 
to the EPA consist of 27 test run-level data points obtained using EPA 
Method 5 from three facilities, with average values ranging from 0.46 
to 1.77 mg PM/dscm. The available opacity data for blast and 
reverberatory furnaces consist of nine test-run level data points from 
one facility, and the available opacity data for pot furnaces consist 
of six test-run level data points from two facilities. All the 
available data show that opacity from blast, reverberatory, and pot 
furnace emissions is zero percent.
    The EPA seeks comment regarding the available PM and opacity data 
for blast, reverberatory, and pot furnaces and the findings of our data 
review.
c. Costs of PM and Opacity Control Measures
    As part of the EPA's BSER review, we consider the costs associated 
with the technologies and measures identified as potential BSER 
options. Based on the finding of our data review described above, the 
control technologies and levels of PM emissions and opacity the EPA 
identified in our BSER review for blast, reverberatory, and pot 
furnaces emissions reflect the reductions achieved by the control 
devices installed to comply with the standards for particulate lead 
specified in NESHAP subpart X. Therefore, we do not expect additional 
emission control costs attributable to the NSPS associated with the use 
of filtration (i.e., fabric filters or baghouses), scrubbers, and 
afterburners to reduce PM emissions and opacity from blast furnaces, 
and filtration and scrubbers to reduce PM emissions and opacity from 
reverberatory furnaces, and the use of baghouses and scrubbers to 
reduce opacity from pot furnace emissions, as the affected sources 
would install these air pollution control devices to meet the lead 
limits specified in NESHAP subpart X regardless of the requirements in 
the NSPS.
    In our BSER evaluation, the EPA also considered the application of 
a WESP on the exhaust of a fabric filter (or similarly effective PM 
control device). The application of a WESP would be an additional 
control beyond the controls needed to comply with NESHAP subpart X. The 
memorandum documenting the EPA's consideration of additional controls 
(Evaluation of Control Costs for Secondary Lead Smelting Facilities) 
can be found in the docket for the proposed rulemaking (Docket ID No. 
EPA-HQ-OAR-2022-0481). The EPA evaluated the capital and annual costs 
of installing a WESP on the exhaust of a fabric filter (or similarly 
effective PM control device) for a typical new, modified, or 
reconstructed facility using the cost algorithms developed to support 
NESHAP subpart X and the exhaust flow rates for blast, reverberatory, 
and pot furnaces contained in facility test reports. The capital cost 
associated with the addition of a WESP was approximately $7.4 million 
and would achieve an incremental PM emissions reduction of 2.7 tons per 
year (based on 95-percent PM reduction efficiency). The total annual 
cost was approximately $1.4 million, resulting in a cost-effectiveness 
of approximately $528,000 per ton of PM.
    Based on our BSER evaluation, considering the costs and PM 
emissions reductions, the EPA proposes to determine that the cost-
effectiveness of requiring a WESP, in addition to the controls 
installed to comply with NESHAP subpart X, would be well above the 
level of cost-effectiveness that the EPA has historically accepted for 
PM control options. For example, the EPA rejected a control option for 
PM in the 2008 Coal Preparation NSPS that had a cost-effectiveness of 
approximately $91,400 per ton (73 FR 22904). In the technical document 
titled Draft Cost Impacts of the Revised NESHAP for the Secondary Lead 
Smelting Source Category, which is associated with the 2012 Risk and 
Technology Review (RTR) for NESHAP subpart X, the EPA concluded that 
the costs for a WESP were high (cost-effectiveness of $4,000,000/ton of 
lead reduced) and did not propose requirements for the installation of 
the WESP under the ample margin of safety analysis (76 FR 29058). Based 
on section 12.11 (Secondary Lead Processing) of EPA's Compilation of 
Air Emissions Factors (AP-42), lead emissions from blast, 
reverberatory, and pot furnaces comprise approximately 23, 26, and 40 
percent of the PM emissions, respectively. Assuming a conversion factor 
of 0.23 tons of lead/ton of PM, the equivalent cost-effectiveness of 
the WESP in terms of PM reduction would be approximately $920,000/ton 
of PM in this case.
    We request comment on the control cost analysis and the EPA's 
conclusions

[[Page 73715]]

regarding cost effectiveness of control options.
d. Determination of the BSER and Proposed Standards of Performance
    Based on the EPA's permit review and assessment of control costs, 
the EPA proposes to identify that the BSER for PM emissions and opacity 
from new, modified, or reconstructed blast furnaces is an afterburner 
followed by efficient particulate controls (e.g., fabric filter that 
may be installed in series with a HEPA filter and/or a venturi 
scrubber). Because the proposed BSER controls are currently being used 
in the secondary lead industry to comply with NSPS subpart L and NESHAP 
subpart X emissions standards for blast furnaces, we believe that their 
use has been adequately demonstrated. Also, because facilities with 
new, modified, or reconstructed blast furnaces would install these 
types of controls to comply with NESHAP subpart X, we do not expect 
that there will be any capital or annual costs, or any non-air quality 
health, environmental, or energy impacts associated with the BSER 
proposed for blast furnaces for purposes of NSPS subpart La.
    For new, modified, or reconstructed reverberatory and pot furnaces, 
the EPA proposes to determine that the BSER for PM and opacity is 
efficient particulate controls (e.g., fabric filter that may be 
installed in series with a HEPA filter, venturi scrubber and/or a 
WESP). The use of these types of controls has been adequately 
demonstrated because they are also currently being used in the 
secondary lead industry to comply with NSPS subpart L and NESHAP 
subpart X. Also, because facilities with new, modified, or 
reconstructed reverberatory and pot furnaces would install these types 
of controls to comply with the lead standards in NESHAP subpart X, we 
do not expect that there will be any additional capital or annual 
costs, or any non-air quality health, environmental, or energy impacts 
associated with the BSER proposed for reverberatory and pot furnaces 
for purposes of subpart La.
    Based on the available data above, the EPA is proposing in 40 CFR 
part 60, subpart La, that the standard of performance for blast and 
reverberatory furnaces that reflects BSER is a reduction in the current 
NSPS PM emissions limit of 50 mg PM/dscm or less, to 10 mg PM/dscm or 
less. For the standard of performance for pot furnaces, the EPA is 
proposing in subpart La to establish a PM emissions limit of 3 mg/dscm 
or less. The available data also demonstrates that the BSER for opacity 
results in the absence of visible emissions from the blast, 
reverberatory, and pot furnace exhaust. Consequently, the EPA is 
proposing that the standard of performance for opacity from blast, 
reverberatory, and pot furnaces emissions is 0 percent.
    The EPA solicits comment regarding our BSER analysis and resulting 
conclusions regarding the proposed standards of performance for PM and 
opacity for subparts La.

B. Proposal of NSPS Subpart La Without Startup, Shutdown, Malfunctions 
Exemptions

    In its 2008 decision in Sierra Club v. EPA, 551 F.3d 1019 (D.C. 
Cir. 2008), the United States Court of Appeals for the District of 
Columbia Circuit (D.C. Circuit) vacated portions of two provisions in 
the EPA's CAA section 112 regulations governing the emissions of HAP 
during periods of SSM. Specifically, the court vacated the SSM 
exemption contained in 40 CFR 63.6(f)(1) and (h)(1), holding that under 
section 302(k) of the CAA, emissions standards or limitations must be 
continuous in nature and that the SSM exemption violates the CAA's 
requirement that some section 112 standard apply continuously. 
Consistent with Sierra Club v. EPA, we are proposing standards in this 
rule that apply at all times. The NSPS general provisions in 40 CFR 
60.11(c) currently exclude opacity requirements during periods of 
startup, shutdown, and malfunction and the provision in 40 CFR 60.8(c) 
contains an exemption from non-opacity standards. We are proposing in 
40 CFR part 60, subpart La, specific requirements at section 40 CFR 
60.122a(d) that override the general provisions for SSM provisions. We 
are proposing that all standards in 40 CFR part 60, subpart La, apply 
at all times.
    The EPA has attempted to ensure that the general provisions we are 
proposing to override are inappropriate, unnecessary, or redundant in 
the absence of the SSM exemption. We are specifically seeking comment 
on whether we have successfully done so.
    In proposing the standards in this rule, the EPA has taken into 
account startup and shutdown periods and, for the reasons explained in 
this section of the preamble, has not proposed alternate standards for 
those periods.
    Periods of startup, normal operations, and shutdown are all 
predictable and routine aspects of a source's operations. Malfunctions, 
in contrast, are neither predictable nor routine. Instead, they are, by 
definition, sudden, infrequent, and not reasonably preventable failures 
of emissions control, process, or monitoring equipment. (40 CFR 60.2). 
The EPA interprets CAA section 111 as not requiring emissions that 
occur during periods of malfunction to be factored into development of 
CAA section 111 standards. Nothing in CAA section 111 or in case law 
requires that the EPA consider malfunctions when determining what 
standards of performance reflect the degree of emission limitation 
achievable through ``the application of the best system of emission 
reduction'' that the EPA determines is adequately demonstrated. While 
the EPA accounts for variability in setting emissions standards, 
nothing in section 111 requires the Agency to consider malfunctions as 
part of that analysis. The EPA is not required to treat a malfunction 
in the same manner as the type of variation in performance that occurs 
during routine operations of a source. A malfunction is a failure of 
the source to perform in a ``normal or usual manner,'' and no statutory 
language compels EPA to consider such events in setting section 111 
standards of performance. The EPA's approach to malfunctions in the 
analogous circumstances (setting ``achievable'' standards under section 
112) has been upheld as reasonable by the D.C. Circuit in U.S. Sugar 
Corp. v. EPA, 830 F.3d 579, 606-610 (2016).

C. Testing and Monitoring Requirements

    As part of an ongoing effort to improve compliance with federal air 
emission regulations, the EPA reviewed the testing and monitoring 
requirements of subpart L to determine whether additional requirements 
were needed to ensure compliance with the emissions limits proposed in 
subpart La, which reflects the BSER under conditions of proper 
operation and maintenance.
    Currently, subpart L (40 CFR 60.123) requires initial performance 
testing using EPA Method 5 (Determination of Particulate Matter 
Emissions from Stationary Sources) to demonstrate compliance with the 
PM emissions limit for blast and reverberatory furnaces, and EPA Method 
9 (Visual Opacity) to demonstrate compliance with the opacity limits 
for blast, reverberatory, and pot furnaces. Subpart L does not specify 
any monitoring requirements.
    In this action, the EPA is proposing that facilities subject to 40 
CFR part 60, subparts L and La, conduct periodic PM testing of blast, 
reverberatory, and pot furnace emissions. The EPA is also proposing 
under 40 CFR part 60, subpart La, periodic testing of opacity from 
blast, reverberatory, and pot furnace emissions. We evaluated whether 
or not periodic opacity testing should be proposed for the legacy 
subpart L. Given the requirements in

[[Page 73716]]

NESHAP subpart X (e.g., full enclosure with negative pressure and 
continuous differential pressure monitoring to ensure negative pressure 
is maintained at all times, along with stringent emissions limits for 
lead from all vents), we expect opacity from all existing furnaces are 
probably very low or zero. Therefore, any periodic opacity testing 
using EPA Method 9 under subpart L would result in new costs of $2,344 
per facility (assuming semi-annual training and certification for 
facility staff and conduct of the periodic Method 9 evaluations) but 
yield little benefit. Therefore, the EPA is not proposing a requirement 
for periodic opacity testing in subpart L. However, for subpart La we 
are proposing periodic testing for the absence of visible emissions 
using EPA Method 22 (to demonstrate that opacity is zero percent), 
which results in an additional one-time training cost for facility 
personnel of $1,277 ($426 per facility). Nevertheless, the EPA solicits 
comment as to whether the legacy subpart L should include periodic 
opacity requirements and if so, why, and how frequent those readings 
should be.
    The proposed amendments would allow facilities to request less 
frequent periodic PM testing from 12 months to 24 months, if the 
previous periodic compliance test demonstrates that PM emissions are 50 
percent or less of the proposed emissions limit (e.g., PM emissions 
from blast and reverberatory furnaces of 25 mg/dscm or less for 
facilities subject to 40 CFR part 60, subpart L). The EPA believes that 
the proposed requirements for periodic testing ensure that the PM 
controls are meeting the NSPS limits over time, and the proposed 
testing frequency would align 40 CFR part 60, subparts L and La, with 
the NESHAP (40 CFR part 60, subpart X), which requires initial and 
periodic testing for lead.
    To reduce the testing burden on facilities, the EPA is also 
proposing alternatives to EPA Method 5 for measuring filterable PM and 
EPA Method 9 for determining opacity (visual emissions). In this 
action, the EPA is proposing to allow facilities to determine the PM 
emissions by gravimetric analysis of the particulate filter used in the 
sampling train of either EPA Method 12 (Determination of Inorganic Lead 
Emissions from Stationary Sources) or EPA Method 29 (Determination of 
Metals Emissions from Stationary Sources). Because both EPA Methods 12 
and 29 capture PM on a sampling train filter that is subsequently 
analyzed to determine lead concentration, facilities can conduct an 
additional gravimetric analysis of the EPA Method 12 or EPA Method 29 
filter to determine PM emissions from blast, reverberatory, and pot 
furnaces, rather than performing separate tests using EPA Method 5. For 
determining opacity, the EPA is proposing in subpart La to allow the 
use of ASTM International (ASTM) D7520-16 (Standard Test Method for 
Determining the Opacity of a Plume in the Outdoor Ambient Atmosphere) 
as an alternative to EPA Method 9. Because the proposed opacity limit 
for blast, reverberatory, and pot furnaces is zero percent, rather than 
a specific percent opacity, the EPA is proposing in subpart La the use 
of EPA Method 22 (Visual Determination of Fugitive Emissions from 
Material Sources and Smoke Emissions from Flares) for determining the 
absence of visual emissions (i.e., zero percent opacity) in addition to 
allowing use of Method 9 or the digital camera opacity technology 
(i.e., ASTM D7520-16).
    To estimate the costs associated with the proposed periodic PM 
testing requirements for subpart L, the EPA assumed that two of the 11 
existing secondary lead smelting facilities would undergo 
reconstruction over the 3-year reporting period and thus would become 
subject to new subpart La. The EPA assumed that each of the remaining 
nine facilities currently subject to subpart L would determine the PM 
emissions from blast, reverberatory, and pot furnaces (one test for 
each type of furnace) by weighing the particulate filter of the EPA 
Method 12 or 29 sampling trains as part of the periodic performance 
tests for particulate lead required by NESHAP subpart X. The 
incremental cost of conducting the additional gravimetric analysis of 
the particulate filter prior to subsequent analysis under EPA Methods 
12 or 29 is approximately $300 per test per facility. Assuming three 
stacks are tested at each facility, we estimate that the total costs 
for periodic PM testing will be $900 per facility, or a total of $8,100 
for the source category (nine facilities). Therefore, the estimated 
total PM testing costs associated with proposed amendments to subpart L 
are approximately $0 for the initial year and $8,100 for each 
subsequent year for PM testing ($900 per year per facility).
    To estimate the costs associated with the proposed testing 
requirements for subpart La, the EPA assumed two reconstructed sources 
and one new source (i.e., three facilities) will become subject to 
proposed subpart La over the next three-year period. The incremental 
cost for measuring PM as part of the initial and periodic performance 
tests required by proposed subpart La (in conjunction with conducting 
the initial and periodic performance tests required under NESHAP 
subpart X) is approximately $300 per test per facility. Assuming 3 
stacks are tested at each facility, the total estimated cost are $900 
per facility per year for periodic PM tests. The approximate cost for 
the one-time training of facility personnel in the use of EPA Method 22 
is approximately $426 per facility. Therefore, estimated total initial 
cost is $1,326 per facility, and the total PM and opacity testing costs 
associated with proposed subpart La (assuming 3 facilities are 
affected) are approximately $3,978 for the initial year and $2,700 for 
each subsequent year ($900 per year per facility). The public docket 
for this proposed action (Docket ID No. EPA-HQ-OAR-2022-0481) contains 
the OMB burden estimate, which presents the calculations and 
assumptions the EPA used to estimate the costs of the proposed testing 
requirements for subparts L and La.
    In this action, the EPA is proposing to add 40 CFR 60.124 
(Monitoring requirements) to subpart L and subpart La to include some 
of the monitoring requirements specified in 40 CFR 63.548(a) through 
(i) (Monitoring requirements) of the NESHAP (40 CFR part 63, subpart 
X), including development of a standard operating procedures (SOP) 
manual for control devices used to reduce PM and opacity emissions. The 
EPA believes that having consistent monitoring requirements between the 
NSPS and NESHAP will reduce the monitoring burden on affected 
facilities. We estimate these additions to monitoring requirements in 
the subparts L and La will result in very minimal additional costs, if 
any, because we expect all facilities already have SOPs and implement 
the other monitoring requirements to comply with the NESHAP. The EPA 
solicits comment regarding the assumptions used to estimate the 
proposed monitoring burden of subparts L and La.

D. Notification, Recordkeeping and Reporting Requirements

    In this action, the EPA is proposing to add the notification, 
recordkeeping and reporting requirements found in the proposed 40 CFR 
60.125 and 60.125a (Notification, recordkeeping, and reporting 
requirements) to NSPS subparts L and La, respectively. The proposed 
requirements clarify that facilities must comply with the notification 
and recordkeeping requirements specified in 40 CFR 60.7 and the 
reporting requirements specified in 40 CFR 60.19. The proposed 
requirements in subparts L and La incorporate the recordkeeping

[[Page 73717]]

requirements from NESHAP subpart X specified in 40 CFR 63.550(b); 
(c)(1) through (4); (c)(11) and (12); (e)(4) through (7); and (e)(13). 
The EPA is also proposing that owners and operators of secondary lead 
smelters subject to the current and new NSPS at 40 CFR part 60, 
subparts L and La, submit electronic copies of required performance 
test reports through the EPA's Central Data Exchange (CDX) and 
Compliance and Emissions Data Reporting Interface (CEDRI). A 
description of the electronic data submission process is provided in 
the memorandum Electronic Reporting Requirements for New Source 
Performance Standards (NSPS) and National Emission Standards for 
Hazardous Air Pollutants (NESHAP) Rules, available in the docket for 
this action. The proposed rules require that performance test results 
collected using test methods that are supported by the EPA's Electronic 
Reporting Tool (ERT) as listed on the ERT website \1\ at the time of 
the test be submitted in the format generated through the use of the 
ERT or an electronic file consistent with the xml schema on the ERT 
website, and other performance test results be submitted in portable 
document format (PDF) using the attachment module of the ERT.
---------------------------------------------------------------------------

    \1\ https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert.
---------------------------------------------------------------------------

    Additionally, the EPA has identified two broad circumstances in 
which electronic reporting extensions may be provided. These 
circumstances are (1) Outages of the EPA's CDX or CEDRI which preclude 
an owner or operator from accessing the system and submitting required 
reports, and (2) force majeure events, which are defined as events that 
will be or have been caused by circumstances beyond the control of the 
affected facility, its contractors, or any entity controlled by the 
affected facility that prevent an owner or operator from complying with 
the requirement to submit a report electronically. Examples of force 
majeure events are acts of nature, acts of war or terrorism, or 
equipment failure or safety hazards beyond the control of the facility. 
The EPA is providing these potential extensions to protect owners and 
operators from noncompliance in cases where they cannot successfully 
submit a report by the reporting deadline for reasons outside of their 
control. In both circumstances, the decision to accept the claim of 
needing additional time to report is within the discretion of the 
Administrator, and reporting should occur as soon as possible.
    The electronic submittal of the reports addressed in this proposed 
rulemaking will: increase the usefulness of the data contained in those 
reports; keep up with current trends in data availability and 
transparency; further assist in the protection of public health and the 
environment; improve compliance by facilitating the ability of 
regulated facilities to demonstrate compliance with requirements and by 
facilitating the ability of the EPA and delegated state, local, tribal, 
and territorial air agencies to assess and determine compliance; and 
ultimately reduce burden on regulated facilities, delegated air 
agencies, and the EPA. Electronic reporting also eliminates paper-
based, manual processes, thereby saving time and resources, simplifying 
data entry, eliminating redundancies, minimizing data reporting errors, 
and providing data quickly and accurately to the affected facilities, 
air agencies, the EPA, and the public. Moreover, electronic reporting 
is consistent with the EPA's plan \2\ to implement Executive Order 
13563 and is in keeping with the EPA's agency-wide policy \3\ developed 
in response to the White House's Digital Government Strategy.\4\ For 
more information on the benefits of electronic reporting, see the 
memorandum Electronic Reporting Requirements for New Source Performance 
Standards (NSPS) and National Emission Standards for Hazardous Air 
Pollutants (NESHAP) Rules, referenced earlier in this section.
---------------------------------------------------------------------------

    \2\ EPA's Final Plan for Periodic Retrospective Reviews, August 
2011. Available at: https://www.regulations.gov/document?D=EPA-HQ-OA-2011-0156-0154.
    \3\ E-Reporting Policy Statement for EPA Regulations, September 
2013. Available at: https://www.epa.gov/sites/production/files/2016-03/documents/epa-ereporting-policy-statement-2013-09-30.pdf.
    \4\ Digital Government: Building a 21st Century Platform to 
Better Serve the American People, May 2012. Available at: https://obamawhitehouse.archives.gov/sites/default/files/omb/egov/digital-government/digital-government.html.
---------------------------------------------------------------------------

    Finally, the EPA believes that aligning the recordkeeping and 
reporting requirements of the NSPS and NESHAP reduces the burden on 
facilities.

E. Compliance Dates

    Pursuant to CAA section 111(b)(1)(B), the effective date of the 
final rule requirements in 40 CFR part 60, subparts L and La, will be 
the promulgation date of this action. Affected sources that commence 
construction, or reconstruction, or modification after June 11, 1973, 
but before December 1, 2022, must comply with all requirements of 40 
CFR part 60, subpart L, no later than May 30, 2023. Affected sources 
that commence construction, reconstruction, or modification after 
December 1, 2022 must comply with all requirements of 40 CFR part 60, 
subpart La, no later than the effective date of the final rule or upon 
startup, whichever is later.

IV. Summary of Cost, Environmental, and Economic Impacts

    In determining the BSER, the CAA section 111(a)(1) requires the EPA 
to consider potential emission control approaches, accounting for the 
estimated costs as well as impacts on energy, solid waste, and other 
effects. The impacts in this section are expressed as incremental 
differences between the impacts of emission units complying with the 
proposed 40 CFR part 60, subparts L and La, and the baseline 
requirements (NSPS subpart L or NESHAP subpart X). The impacts are 
presented for emission units at secondary lead smelting facilities that 
commence construction, reconstruction, or modification over the 3-year 
period following proposal of the amendments of 40 CFR part 60, subparts 
L and La.
    To determine the incremental impacts of the proposed amendments to 
40 CFR part 60, subpart L, the EPA assumed that nine facilities would 
be subject to subpart L over the 3-year reporting period (i.e., two of 
the 11 facilities currently subject to the existing NSPS would undergo 
reconstruction). To determine the incremental impacts of the proposed 
40 CFR part 60, subpart La, the EPA projected the number of new, 
modified, or reconstructed emission units that would become subject to 
regulation during the 3-year period after proposal of the subpart. 
Based on a modest growth forecast of 2.4 percent over the next 5 years 
and the decrease in the number of facilities over the last decade, the 
EPA conservatively projects that one new affected facility will be 
constructed over the next 3 years. The EPA also assumes that two 
existing facilities will undergo reconstruction of a blast, 
reverberatory or pot furnace over the 3-year period covered by the 
burden estimate.

A. What are the air quality impacts?

    The proposed amendments to 40 CFR part 60, subpart La, would:
     Reduce the PM emissions limit for blast and reverberatory 
furnaces from 50 to 10 mg/dscm.
     Establish PM emissions limits for pot furnaces of 3 mg/
dscm.
     Lower the opacity limit for blast and reverberatory 
furnaces from 20 percent to 0 percent.
     Lower the opacity limit for pot furnaces from 10 percent 
to 0 percent.

[[Page 73718]]

    New or reconstructed blast, reverberatory, and pot furnaces will 
also be subject to the NESHAP (40 CFR part 63, subpart X) requirements 
for new sources, while modified blast, reverberatory, and pot furnaces 
will also be subject to the NESHAP requirements for existing sources. 
NESHAP subpart X regulates particulate lead emissions from process 
vent, process fugitive, and fugitive dust sources. The emissions 
capture systems and control devices that are already required by the 
NESHAP to comply with the lead limits for blast, reverberatory, and pot 
furnaces will also control PM emissions for the NSPS. Therefore, the 
proposed 40 CFR part 60, subpart La, will not result in actual 
reductions of PM emissions. However, codifying the lower PM and opacity 
limits in the proposed 40 CFR part 60, subpart La, will significantly 
reduce the PM and opacity allowable emissions affected sources that 
commence construction, reconstruction, or modification after December 
1, 2022.

B. What are the secondary impacts?

    Indirect or secondary air emissions impacts result from the 
increased energy usage associated with the operation of control devices 
(e.g., increased secondary emissions of criteria pollutants from 
electricity generating power plants). As part of our evaluation of the 
BSER, we considered whether the proposed standards of performance would 
result in any secondary air emissions impacts. The EPA does not expect 
that facilities will need any additional control devices or other 
equipment to meet the proposed NSPS requirements beyond those that 
would already be needed to comply with the NESHAP. Therefore, the EPA 
does not attribute any secondary impacts to the proposed 40 CFR part 
60, subpart La.

C. What are the cost impacts?

    For 40 CFR part 60, subparts L and La, the EPA is proposing that 
facilities conduct periodic performance tests to measure PM emissions 
from blast, reverberatory, and pot furnaces using EPA Method 5 
(Determination of Particulate Matter Emissions from Stationary 
Sources). The NESHAP (40 CFR part 63, subpart X) also requires periodic 
tests for lead using EPA Method 12 (Determination of Inorganic Lead 
Emissions from Stationary Sources) or EPA Method 29 (Metal Emissions 
from Stationary Sources). Because both of the NESHAP test methods 
capture PM on a sampling train filter that is subsequently analyzed to 
determine lead concentration, facilities can conduct an additional 
gravimetric analysis of the EPA Method 12 or EPA Method 29 filter to 
determine PM emissions from blast, reverberatory, and pot furnaces, 
rather than performing separate tests using EPA Method 5. The EPA 
estimates that the additional gravimetric analysis of the EPA Method 12 
or EPA Method 29 particulate filter costs approximately $300 per test 
per year. To estimate the total cost associated with the proposed 
periodic PM performance tests under 40 CFR part 60, subparts L and La, 
the EPA assumed that each respondent under the respective subparts 
would conduct three PM tests per year (one for each furnace type). See 
section IV.C for more details on cost estimates.
    For 40 CFR part 60, subpart La, the EPA is also proposing that 
facilities periodically determine the opacity of blast, reverberatory, 
and pot furnace emissions. For subpart La, the EPA is proposing that 
facilities conduct initial and periodic tests using EPA Method 9 or EPA 
Method 22 (Visible Determination of Fugitive Emissions) to determine 
the absence of opacity in blast, reverberatory, and pot furnace 
emissions. To estimate the cost of the initial and periodic opacity 
tests for subpart La, the EPA assumed that facilities would use EPA 
Method 22, rather than EPA Method 9, because EPA Method 22 is 
sufficient for determining the absence of opacity (i.e., the proposed 
opacity limit of zero percent). The EPA assumed that facilities would 
train facility personnel to implement EPA Method 22 (at a one-time cost 
of $426 per facility), but not incur additional capital costs.
    For 40 CFR part 60, subpart L, the total incremental cost for the 
periodic PM testing over the 3-year period is $24,300 (i.e., three 
tests each year at $300 per test for nine respondents). For 40 CFR part 
60, subpart La, the total incremental cost for PM testing over the 3-
year period is $8,100 (i.e., three tests each year at $300 per test for 
three respondents) and the total incremental cost for opacity testing 
is $1,277 for EPA Method 22 training (i.e., one-time cost of $426 for 
three respondents). The total incremental cost for emissions testing 
for the two reconstructed sources and one new source projected over the 
3-year period is $8,526.
    The EPA did not estimate cost impacts for the proposed monitoring 
requirements in 40 CFR part 60, subparts L and La, because this action 
proposes to allow subject facilities to comply with these subparts by 
complying with the applicable monitoring requirements for new sources 
specified in the NESHAP (40 CFR part 63, subpart X). Therefore, there 
is no additional monitoring burden.

D. What are the economic impacts?

    Economic impact analyses focus on changes in market prices and 
output levels. If changes in market prices and output levels from 
complying with the rule in the primary markets are significant enough, 
impacts in other markets may also be examined. Both the magnitude of 
costs associated with the proposed requirements and the distribution of 
these costs among affected facilities can have a role in determining 
how the market will change in response to a regulatory requirement.
    Based on the estimates for PM emissions and opacity testing 
described in sections III.C and IV.C of this preamble, and the 
recordkeeping and reporting requirements described in section VI.B of 
this preamble, we estimate that the total cost for emissions testing, 
reporting, and recordkeeping for subpart L for the nine existing 
sources projected over the 3-year period is $80,000. The average annual 
cost per facility is approximately $3,000. The nine facilities subject 
to this rule are owned by six different parent companies with an annual 
average revenue of $3.4 billion in 2021. The economic impact associated 
with this cost as an annual cost per sales, for the average parent 
company in the industry, is less than 0.0001 percent and is not 
expected to result in a significant market impact, regardless of 
whether it is fully passed on to the consumer or fully absorbed by the 
affected firms.
    In addition, the cost analysis assumed that facilities subject to 
proposed 40 CFR part 60, subpart La, would conduct initial and periodic 
tests for PM emissions and opacity, but would not need to install 
control devices to meet the proposed PM and opacity emissions limits 
because the new, modified, or reconstructed facility would install the 
same types of controls already necessary to comply with NESHAP subpart 
X. The EPA also assumed that facilities subject to proposed subpart La 
would not incur monitoring costs attributed to the new NSPS.
    The EPA views the testing costs to be upper-bound estimates on the 
potential compliance costs of the proposed 40 CFR part 60, subpart La. 
Even under the upper bound cost assumptions described above, the EPA 
expects the potential economic impacts of this proposed action will be 
small.
    As required by the Regulatory Flexibility Act (RFA), we performed 
an analysis to determine if any small entities might be 
disproportionately impacted by the proposed requirements. Based on this 
analysis, we conclude that the estimated costs for the proposed rule

[[Page 73719]]

will not have a significant economic impact on a substantial number of 
small entities. Details of this analysis are presented in Section VI.C 
of this preamble and in the memorandum Economic Impact Analysis for the 
Proposed New Source Performance Standards (NSPS) for Secondary Lead 
Smelters available in the docket of this action.

E. What are the benefits?

    The proposed revisions to 40 CFR part 60, subpart L, and the newly 
proposed subpart La would provide needed clarifications for regulated 
sources, improve the practical enforceability of the rules and enhance 
compliance and enforcement. The EPA expects that implementing the 
proposed amendments to 40 CFR part 60, subparts L and La, will help 
ensure that control systems used to reduce PM and opacity emissions 
from blast, reverberatory, and pot furnaces are properly operated and 
maintained over time.
    Additionally, the proposed amendments to require electronic 
reporting of emissions test results in 40 CFR part 60, subparts L and 
La, will ultimately reduce the burden on regulated facilities, 
delegated air agencies, and the EPA, and also improve access to data, 
minimizes data reporting errors, and eliminate paper waste and 
redundancies.

F. What analysis of environmental justice did we conduct?

    Consistent with the EPA's commitment to integrating environmental 
justice in the Agency's actions, and following the directives set forth 
in multiple Executive orders, the Agency has conducted an analysis of 
the demographic groups living near existing secondary lead smelting 
facilities. Executive Order 12898 directs the EPA to identify the 
populations of concern who are most likely to experience unequal 
burdens from environmental harms; specifically, minority populations 
(i.e., people of color), low-income populations, and indigenous peoples 
(59 FR 7629; February 16, 1994). Additionally, Executive Order 13985 is 
intended to advance racial equity and support underserved communities 
through Federal Government actions (86 FR 7009; January 20, 2021). The 
EPA defines environmental justice as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.'' In recognizing that 
people of color and low-income populations often bear an unequal burden 
of environmental harms and risks, the EPA continues to consider ways of 
protecting them from adverse public health and environmental effects of 
air pollution.
    This action proposes standards of performance for new, modified, 
and reconstructed sources that commence construction after the rule is 
proposed. The locations of the construction of new secondary lead 
smelters are not known. In addition, it is not known which of the 
existing secondary lead smelters will be modified or reconstructed in 
the future, if at all. Therefore, the demographic analysis was 
conducted for the 11 existing secondary lead smelters as a 
characterization of the demographics in areas where these facilities 
are currently located.
    To examine the potential for any EJ issues that might be associated 
with the source category, we performed a demographic analysis. This 
demographic analysis is an assessment of individual demographic groups 
of the populations living within 5 kilometers (km) and within 50 km of 
the existing facilities. The EPA then compared the data from this 
analysis to the national average for each of the demographic groups.
    The results of the demographic analysis (see Table 3) indicate 
that, for populations within 5 km of the 11 secondary lead smelters, 
the percent Hispanic or Latino population is higher than the national 
average (38 percent versus 19 percent). The percentages of ``other and 
multiracial population'' and people living in linguistic isolation 
within the same geographic area are higher than the national average 
(12 percent versus 8 percent and 8 percent versus 5 percent, 
respectively). The percentage of the population over 25 without a high 
school diploma is higher than the national average (19 percent versus 
12 percent), while the percentage of the population living below the 
poverty line is similar to the national average.
    The results of the analysis of populations within 50 km of the 11 
secondary lead smelters are similar to the 5 km analysis, with the 
Hispanic or Latino population and ``other and multiracial population'' 
both above the national average.
    A summary of the demographic assessment performed for the secondary 
lead smelters is included as Table 3. The methodology and the results 
of the demographic analysis are presented in a technical report, 
``Analysis of Demographic Factors for Populations Living Near Secondary 
Lead Smelting Source Category Operations,'' available in the docket for 
this action (Docket ID No. EPA-HQ-OAR-2022-0481).

                         Table 3--Demographic Assessment for Secondary Lead Smelters \3\
----------------------------------------------------------------------------------------------------------------
                                                                                    Population      Population
                                                                                   within 50 km   within 5 km of
                        Demographic group                         Nationwide \1\  of 11 existing    11 existing
                                                                                    facilities      facilities
----------------------------------------------------------------------------------------------------------------
Total Population................................................     328,016,242      23,353,293         403,240
----------------------------------------------------------------------------------------------------------------
                                          Race and Ethnicity by Percent
----------------------------------------------------------------------------------------------------------------
White...........................................................             60%             48%             37%
African American................................................             12%              9%             14%
Native American.................................................            0.7%            0.2%            0.1%
Hispanic or Latino (includes white and nonwhite) \2\............             19%             30%             38%
Other and Multiracial...........................................              8%             13%             12%
----------------------------------------------------------------------------------------------------------------
                                                Income by Percent
----------------------------------------------------------------------------------------------------------------
Below Poverty Level.............................................             13%             13%             14%

[[Page 73720]]

 
Above Poverty Level.............................................             87%             87%             86%
----------------------------------------------------------------------------------------------------------------
                                              Education by Percent
----------------------------------------------------------------------------------------------------------------
Over 25 and without a High School Diploma.......................             12%             15%             19%
Over 25 and with a High School Diploma..........................             88%             85%             81%
----------------------------------------------------------------------------------------------------------------
                                       Linguistically Isolated by Percent
----------------------------------------------------------------------------------------------------------------
Linguistically Isolated.........................................              5%              8%              8%
----------------------------------------------------------------------------------------------------------------
Notes:
1. The nationwide population count and all demographic percentages are based on the Census' 2015-2019 American
  Community Survey five-year block group averages and include Puerto Rico. Demographic percentages based on
  different averages may differ. The total population counts within 5 km and 50 km of all facilities are based
  on the 2010 Decennial Census block populations.
2. To avoid double counting, the ``Hispanic or Latino'' category is treated as a distinct demographic category
  for these analyses. A person is identified as one of five racial/ethnic categories above: White, African
  American, Native American, Other and Multiracial, or Hispanic/Latino. A person who identifies as Hispanic or
  Latino is counted as Hispanic/Latino for this analysis, regardless of what race this person may have also
  identified as in the Census.
3. This action proposes standards of performance for new, modified, and reconstructed sources that commence
  construction after the rule is proposed. Therefore, the locations of the construction of new Secondary Lead
  Smelters are not known. In addition, it is not known which of the existing Secondary Lead Smelters will be
  modified or reconstructed in the future. Therefore, the demographic analysis was conducted for the 11 existing
  Secondary Lead Smelters as a characterization of the demographics in areas where these facilities are now
  located.

    The EPA expects that the Standards of Performance for Secondary 
Lead Smelters Constructed after December 1, 2022 will ensure compliance 
with the PM and opacity emissions limits (which also apply during 
periods of startup, shutdown, and malfunctions) via initial and 
periodic emissions testing. Proposed subpart La will also codify the 
improvements in PM control technologies that have occurred in the 
industry since promulgation of the current NSPS subpart L. Therefore, 
there would be a positive, beneficial effect for populations in 
proximity to any future affected sources, which in this source category 
have tended to disproportionately include minority, low-income and 
indigenous communities.

V. Incorporation by Reference

    The EPA proposes to amend the 40 CFR 60.17 to incorporate by 
reference the following voluntary consensus standards (VCS):
     ASTM D7520-16, ``Standard Test Method for Determining the 
Opacity of a Plume in the Outdoor Ambient Atmosphere'' describes 
procedures to determine the opacity of a plume, using digital imagery 
and associated hardware and software, where opacity is caused by PM 
emitted from a stationary point source in the outdoor ambient 
environment. The opacity of emissions is determined by the application 
of a digital camera opacity technique (DCOT) that consists of a digital 
still camera, analysis software, and the output function's content to 
obtain and interpret digital images to determine and report plume 
opacity.
    The ASTM D7520-16 document is available from ASTM at https://www.astm.org or l100 Barr Harbor Drive, West Conshohocken, PA 19428-
2959, telephone number: (610) 832-9500, fax number: (610) 832-9555 at 
[email protected].

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have 
been submitted for approval to OMB under the PRA. The updated 
Information Collection Request (ICR) document that the EPA prepared for 
subpart L has been assigned EPA ICR number 1128.13, and the new ICR 
prepared for proposed subpart La has been assigned EPA ICR number 
2729.01. You can find copies of the ICRs in the docket for this rule, 
and it is briefly summarized here.
    The EPA is proposing amendments to the existing NSPS (40 CFR part 
60, subpart L) that require:
     updated process equipment definitions;
     periodic testing for PM emissions;
     incorporation of monitoring, recordkeeping, and reporting 
requirements that are consistent with NESHAP subpart X; and
     electronic reporting of performance tests.
    The EPA is also proposing a new subpart (40 CFR part 60, subpart 
La) for new, modified or reconstructed facilities that start up after 
this proposal that:
     updates definitions to be consistent with the NESHAP 
subpart X;
     establishes a tighter PM limit (10 mg/dscm) for blast and 
reverberatory furnaces;
     establishes a new PM limit (3 mg/dscm) for pot furnaces;
     establishes a tighter opacity limit (0%) for blast, 
reverberatory, and pot furnaces;
     removes the exemptions for periods of SSM;
     requires initial and periodic testing for PM and opacity 
emissions;
     incorporates monitoring, recordkeeping, and reporting 
requirements that are consistent with the NESHAP (40 CFR part 63, 
subpart X); and
     requires electronic reporting of performance tests.
    Respondents/affected entities: Secondary Lead Smelting Facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 60, 
subparts L and La)
    Estimated number of respondents: Nine for subpart L (EPA ICR number

[[Page 73721]]

1128.13) and three for subpart La (EPA ICR number 2729.01).
    Frequency of response: Annually.
    Total estimated burden: 228 hours (per year) for subpart L (EPA ICR 
number 1128.13) and 130 hours (per year) for subpart La (EPA ICR number 
2729.01). Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: $26,477 (per year), includes $5,400 
annualized capital or operation & maintenance costs for subpart L (EPA 
ICR number 1128.13) and $14,728 (per year), includes $2,700 annualized 
capital or operation & maintenance costs for subpart La (EPA ICR number 
2729.01).
    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.
    Submit your comments on the Agency's need for this information, the 
accuracy of the provided burden estimates and any suggested methods for 
minimizing respondent burden to the EPA using the docket identified at 
the beginning of this rule. The EPA will respond to any ICR-related 
comments in the final rule. You may also send your ICR-related comments 
to OMB's Office of Information and Regulatory Affairs using the 
interface at www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under Review--Open for 
Public Comments'' or by using the search function. OMB must receive 
comments no later than January 3, 2023.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. The 
small entities subject to the requirements of this action are small 
businesses classified under NAICS 331492 (Secondary Smelting, Refining, 
and Alloying of Nonferrous Metal (except Copper and Aluminum)) with 750 
or fewer employees (including its subsidiaries and affiliates). The 
Agency has determined that four of the 11 facilities (36 percent of the 
facilities) are classified as small businesses and may experience an 
impact of 0.18 percent of revenues based on the maximum costs-to-sales 
ratio and an annual revenue of $2.8 million in 2021. Details of this 
analysis are presented in the memorandum Economic Impact Analysis for 
the Proposed New Source Performance Standards (NSPS) for Secondary Lead 
Smelters available in the docket of this action. Based on this 
analysis, we conclude that the estimated costs for the proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This proposed action does not contain an unfunded mandate of $100 
million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. This proposal is 
not expected to impact state, local, or tribal governments and there 
are no nationwide annualized costs of this proposed rule for affected 
industrial sources. Thus, this rule is not subject to the requirements 
of sections 202 and 205 of the UMRA. This rule is also not subject to 
the requirements of section 203 of UMRA because it contains no 
regulatory requirements that might significantly or uniquely affect 
small governments. This rule will not apply to such governments and 
will not impose any 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.

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 effects 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. This proposed rule 
imposes requirements on owners and operators of secondary lead smelting 
facilities and not tribal governments. The EPA does not know of any 
secondary lead smelting facilities owned or operated by Indian tribal 
governments. However, if there are any, the effect of this proposed 
rule on communities of tribal governments would not be unique or 
disproportionate to the effect on other communities. Thus, Executive 
Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 (62 FR 19885, April 22, 
1997) as applying to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it is based 
solely on technology performance.
    The EPA interprets Executive Order 13045 as applying to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action involves technical standards. The EPA proposes to use 
EPA Method 5 (Determination of Particulate Matter emissions from 
Stationary Sources) to measure filterable PM and EPA Method 9 (Visual 
Determination of the Opacity of Emissions from Stationary Sources) to 
determine visible emissions from blast and reverberatory process vents 
and process fugitive emissions. Therefore, the EPA conducted searches 
for the Secondary Lead NSPS through the Enhanced National Standards 
Systems Network Database managed by the American National Standards 
Institute (ANSI). We also contacted voluntary consensus standards (VCS) 
organizations and accessed and searched their databases.
    We conducted searches for EPA Methods 1, 1A, 2, 2A, 2B, 2C, 2D, 2F, 
2G, 2H, 3, 3A, 3c, 4, 5, 9, 12, 22, and 29 of 40 CFR part 60, appendix 
A. During the EPA's VCS search, if the title or abstract (if provided) 
of the VCS described technical sampling and analytical procedures that 
are similar to the EPA's reference method, the EPA reviewed it as a 
potential equivalent method. We reviewed all potential

[[Page 73722]]

standards to determine the practicality of the VCS for this rule. This 
review requires significant method validation data that meet the 
requirements of EPA Method 301 for accepting alternative methods or 
scientific, engineering, and policy equivalence to procedures in the 
EPA reference methods. The EPA may reconsider determinations of 
impracticality when additional information is available for a 
particular VCS. No applicable VCS was identified for EPA Method 22.
    In this proposed action, the EPA is incorporating by reference the 
VCS ASTM D7520-16, Standard Test Method for Determining the Opacity of 
a Plume in the Outdoor Ambient Atmosphere, as an acceptable alternative 
to EPA Method 9 with the following caveats:
     During the certification procedure for the digital camera 
opacity technique (DCOT) outlined in Section 9.2 of ASTM D7520-16, the 
facility or the DCOT vendor must present the plumes in front of various 
backgrounds of color and contrast representing conditions anticipated 
during field use such as blue sky, trees, and mixed backgrounds (clouds 
or a sparse tree stand).
     The facility must also have standard operating procedures 
in place including daily or other frequency quality checks to ensure 
the equipment is within manufacturing specifications as outlined in 
Section 8.1 of ASTM D7520-16.
     The facility must follow the recordkeeping procedures 
outlined in 40 CFR 63.10(b)(1) for the DCOT certification, compliance 
report, data sheets, and all raw unaltered joint photographic experts 
group (JPEG) files used for opacity and certification determination.
     The facility or the DCOT vendor must have a minimum of 
four independent technology users apply the software to determine the 
visible opacity of the 300 certification plumes. For each set of 25 
plumes, the user may not exceed 15-percent opacity of anyone reading 
and the average error must not exceed 7.5-percent opacity.
     This approval does not provide or imply a certification or 
validation of any vendor's hardware or software. The onus to maintain 
and verify the certification or training of the DCOT camera, software, 
and operator in accordance with ASTM D7520-16 is on the facility, DCOT 
operator, and DCOT vendor. This method describes procedures to 
determine the opacity of a plume, using digital imagery and associated 
hardware and software, where opacity is caused by PM emitted from a 
stationary point source in the outdoor ambient environment. The opacity 
of emissions is determined by the application of a DCOT that consists 
of a digital still camera, analysis software, and the output function's 
content to obtain and interpret digital images to determine and report 
plume opacity. The ASTM D7520-16 document is available from ASTM at 
https://www.astm.org or l100 Barr Harbor Drive, West Conshohocken, PA 
19428-2959, telephone number: (610) 832-9500, fax number: (610) 8329555 
at [email protected].
    The EPA is finalizing the use of the guidance document, Fabric 
Filter Bag Leak Detection Guidance, EPA-454/R- 98-015, Office of Air 
Quality Planning and Standards (OAQPS), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina, September 1997. This 
document provides guidance on the use of triboelectric monitors as 
fabric filter bag leak detectors. The document includes fabric filter 
and monitoring system descriptions; guidance on monitor selection, 
installation, setup, adjustment, and operation; and quality assurance 
procedures. The document is available at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=2000D5T6.PDF.
    Additional information for the VCS search and determinations can be 
found in the docket for this proposed action (Docket ID No. EPA-HQ-OAR-
2022-0481).

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
documentation for this decision is contained in section IV.F of this 
preamble. All relevant documents are available in the docket for this 
action (Docket ID No. EPA-HQ-OAR-2022-0481).
    The assessment of populations in close proximity of secondary lead 
smelters shows some demographic groups that are higher than the 
national average, however, we determined that the human health impacts 
are not disproportionate for these groups because this action proposes 
changes to the standards that will increase protection for communities. 
The EPA determined that the standards should be revised to reflect 
cost-effective developments in practices, process, or controls and 
BSER. The proposed changes will provide additional health protection 
for all populations, including communities already overburdened by 
pollution, which are often minority, low-income, and indigenous 
communities. The proposed changes will have beneficial effects on air 
quality and public health for populations exposed to emissions from 
facilities in the source category. Further, this rulemaking complements 
other actions already taken by the EPA to reduce emissions and improve 
health outcomes for overburdened and underserved communities.

Michael Regan,
Administrator.
[FR Doc. 2022-25586 Filed 11-30-22; 8:45 am]
BILLING CODE 6560-50-P


