April 18, 2023

New and Revised CAA Lead-Acid Battery Manufacturing Standards

Under the CAA, the lead-acid battery manufacturing source category includes any facility that produces lead-acid batteries and their processes, including grid casting, paste mixing, lead oxide manufacturing, battery assembly, and lead reclamation. On February 23, 2023, EPA promulgated a three-part final rule for CAA lead-acid battery manufacturing standards. [88 FR 11556] The rule finalizes a technology review of two existing stanards, NSPS Part 60, Subpart KK and Part 63, Subpart PPPPPP for area sources, as well as creates a new NSPS at Part 60, Subpart KKa. Most of the final rules’ provisions are as proposed or have only minor changes compared to the 2022 proposal. [87 FR 10134] Amongst other changes, the rule:

Revises lead emission limits for grid casting, paste mixing, and lead reclamation operations;
Requires performance testing every five years;
Established work practices to minimize fugitive lead dust emissions at lead oxide loading/unloading areas;
Requires bag leak detection systems and sets corresponding operating limits;
Increases the frequency of pressure drop, visible emission observation, and inspection recordings for certain fabric filter systems;
Revises Subpart PPPPPP applicability to include certain battery component production facilities, even if they are not assembling the final lead-acid battery, provided the facility is not subject to another NESHAP that controls relevant lead emissions;
Requires electronic reporting; and,
Removes the startup, shutdown, and malfunction (SSM) exemptions.

Compliance Dates

For Part 60, Subpart KKa, affected sources that commence construction, reconstruction, or modification after February 23, 2022 must comply with all Subpart KKa requirements no later than February 23, 2023, or upon startup, whichever is later. Subpart KK is now only applicable to those affected sources that commence construction, reconstruction, or modification after January 14, 1980, and on or before February 23, 2022.

For Part 63, Subpart PPPPPP, new sources that commenced construction or reconstruction after February 23, 2022 must comply with all Subpart PPPPPP requirements by February 23, 2023, or upon startup, whichever is later.

Subpart PPPPPP existing sources that commenced construction or reconstruction on or before February 23, 2022 have varying compliance dates. For the SSM exemption, existing sources must comply by February 23, 2023. The compliance date for changed definitions, electronic reporting, increased inspection frequencies, additional pressure drop recording, bag leak detection, and applicability to include battery production processes at facilities that do not produce the final end product is 180 days after February 23, 2025. All other applicable requirements in the rule must be met by February 23, 2025. [88 FR 11575-6]

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This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.