January 19, 2024

Overhauled and New Secondary Lead Smelters NSPS

On November 20, 2023, EPA finalized amendments to the secondary lead smelters NSPS in Part 60, Subpart L, and created a new Subpart La. [88 FR 80594] These source category standards have largely been finalized as proposed, with only a few changes to originally proposed definitions and emission/opacity limits. Though only 11 secondary lead smelters currently operate under Subpart L, this source category is also regulated under NESHAP Part 63, Subpart X, which is on the agency’s agenda for a risk and technology review in 2025.

What’s new in Subparts L and La

Previously a very short standard with few requirements outside of the Part 60, Subpart A general provisions, Subpart L now contains much more prescriptive performance testing, monitoring, and administrative requirements. Subpart La follows suit with tighter emission and opacity limits. Highlights of the new standards include:

Unchanged Subpart L particulate matter (PM) limit (50 mg/dscm) and opacity limit (20%) for blast and reverberatory furnaces. [§60.122(a)] Unchanged Subpart L pot furnace opacity limit (10%). [§60.122(b)]
Subpart La PM limit for blast and reverberatory furnaces is 10 mg/dscm, while the opacity limit is 5%. [§60.122a(a)] Subpart La has limits for process fugitive emissions rather than pot furnaces, set at 4.9 mg/dscm PM and 5% opacity. [§60.122a(b)]
Initial and periodic performance tests for PM and opacity using EPA Part 60, Appendix A methods or ASTM alternatives. [§§60.123 and 60.123a]
Monitoring requirements and the development, submission, and approval of an SOP manual describing baghouse use and procedures. [§§60.124(a-k) and 60.124a(a-k)]
An allowance to comply with associated Part 60, Subpart X requirements in lieu of the NSPS monitoring provisions. [§§60.124(l) and 60.124a(l)]
Extra recordkeeping associated with air pollution control equipment. [§§60.125(c) and 60.125a(c)]
Electronic reporting through the Compliance and Emissions Data Reporting Interface (CEDRI), accessible via EPA’s Central Data Exchange. [§§60.125(d) and 60.125a(d)]
No startup, shutdown, and malfunction exemption in Subpart La, consistent with Sierra Club vs. EPA (U.S. Court of Appeals, D.C. Circuit; Docket No. 02-1135; December 19, 2008). [§60.122a(c)]

Applicability

Subpart L applies to affected sources constructed, reconstructed, or modified after June 11, 1973, and on or before December 1, 2022. Subpart La applies to affected sources constructed, reconstructed, or modified after December 1, 2022. Sources subject to Subpart La must comply with all requirements no later than November 20, 2023, or upon startup, whichever is later. More information on this rule, including a redline/strike out for Subpart L, is available via Docket ID No. EPA-HQ-OAR-2022-0481.

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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.