March 15, 2022

Updating NSPS and NESHAP for Lead-Acid Battery Manufacturing

On February 23, 2022, EPA proposed its technology review of the Part 63, Subpart PPPPPP lead-acid battery area source NESHAP and a new lead-acid battery NSPS to be found in Part 60, Subpart KKa. [87 FR 10134] The applicability of the current Subpart KK lead-acid battery NSPS would also be amended to avoid duplicative applicability with Subpart KKa. EPA’s lead-acid battery area source NESHAP website provides a fact sheet on the proposals and a redline/strikeout of the proposed NESHAP regulatory text changes. Comments may be submitted through April 25, 2022 via Docket ID No. EPA-HQ-OAR-2021-0619.

The current lead-acid battery NSPS regulates sources constructed, reconstructed, or modified after January 14, 1980. Since the development of Part 60, Subpart KK, numerous improvements in air emission control technologies and their cost-effectiveness at these sources have been realized. Subpart KKa would regulate lead-acid battery facilities that begin construction, reconstruction, or modification after February 23, 2022, and the standard would reflect those improvements. Similarly, the area source NESHAP in Part 63, Subpart PPPPPP would be amended, reflecting these improvements while also expanding applicability to cover facilities making lead-acid battery components but not actually assembling complete batteries.

Amongst other changes, EPA is proposing in both the NESHAP and NSPS reviews to:

Reduce 10-fold the concentration-based lead emission standard for certain manufacturing operations;
Define “large” and “small” facilities, and require specific control technologies and a bag leak detection system for “large” facilities;
Require performance testing once every five years, with the potential to obtain approval for testing a single stack when multiple stacks are similar and have the same type of control device;
Require the creation of a fugitive dust emission plan, and;
Strengthen monitoring, reporting, and recordkeeping requirements, including electronic reporting of performance test results.

Compliance dates

The final rule’s effective date for both the NESHAP and NSPS will be the promulgation date. Consequently, sources commencing construction, reconstruction, or modification after February 23, 2022 must comply with all NSPS Subpart KKa requirements upon startup or the effective date of the final rule, whichever is later.

For NESHAP Subpart PPPPPP, affected sources commencing construction after February 23, 2022 (new sources) must comply with all requirements upon startup or the effective date of the final rule, whichever is later. Existing sources must comply with the fugitive dust mitigation plan and periodic performance testing requirements within three years of the rule’s effective date or upon startup, whichever is later. For all other requirements, the deadline is 180 days after the final rule’s effective date.

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental 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.