ENVIRONMENTAL PROTECTION AGENCY
<CFR>40 CFR Part 63</CFR>
<DEPDOC>[EPA-HQ-OAR-2025-0078; FRL-5774-01-OAR]</DEPDOC>
<RIN>RIN 2060-AS32</RIN>
<SUBJECT>National Emission Standards for Hazardous Air Pollutants From Secondary Lead Smelting Technology Review</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Environmental Protection Agency (EPA).
<HD SOURCE="HED">ACTION:</HD>
Proposed rule.
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
The U.S. Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Secondary Lead Smelting source category (“Secondary Lead Smelting NESHAP”) under Clean Air Act (CAA) section 112. The EPA did not identify any cost-effective developments in practices, processes, and/or control technologies and is not proposing changes to the Secondary Lead Smelting NESHAP as a result of the technology review. The EPA is proposing to address previously unregulated hazardous air pollutants (HAP) from this source category. We are also addressing outstanding petition issues from the 2012 Secondary Lead Smelting (RTR), hereafter referred to as the 2012 RTR. In response to the petitions, we are taking comment on our conclusion in the 2012 RTR that the Secondary Lead Smelting NESHAP provides an ample margin of safety to protect public health and on two additional provisions. In addition, the EPA is proposing revisions related to emissions during periods of startup, shutdown, and malfunction; to add requirements for electronic reporting; to revise monitoring requirements; and to make other minor technical revisions.
</SUM>
<EFFDATE>
<HD SOURCE="HED">DATES:</HD>
Comments must be received on or before November 17, 2025. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before October 31, 2025.
<E T="03">Public hearing:</E>
If anyone contacts us requesting a public hearing on or before October 6, 2025, we will hold a virtual public hearing. See
<E T="02">SUPPLEMENTARY INFORMATION</E>
for information on requesting and registering for a public hearing.
</EFFDATE>
<HD SOURCE="HED">ADDRESSES:</HD>
You may send comments, identified by Docket ID No. EPA-HQ-OAR-2025-0078, by any of the following methods:
•
<E T="03">Federal eRulemaking Portal:</E>
<E T="03">https://www.regulations.gov/</E>
(our preferred method). Follow the online instructions for submitting comments.
•
<E T="03">Email:</E>
<E T="03">a-and-r-docket@epa.gov.</E>
Include Docket ID No. EPA-HQ-OAR-2025-0078 in the subject line of the message.
•
<E T="03">Mail:</E>
U.S. Environmental Protection Agency, EPA Docket Center, Docket ID No. EPA-HQ-OAR-2025-0078, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
•
<E T="03">Hand/Courier Delivery:</E>
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).
<E T="03">Instructions:</E>
All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to
<E T="03">https://www.regulations.gov/,</E>
including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the
<E T="02">SUPPLEMENTARY INFORMATION</E>
section of this document.
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
For questions about this proposed action, contact U.S. EPA, Attn: Amber Wright, Mail Drop: D243-02, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-4680; and email address:
<E T="03">Wright.Amber@epa.gov.</E>
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
<E T="03">Participation in virtual public hearing.</E>
To request a virtual public hearing, contact the public hearing team at (888) 372-8699 or by email at
<E T="03">SPPDpublichearing@epa.gov.</E>
If requested, the hearing will be held via virtual platform on October 16, 2025. The hearing will convene at 11:00 a.m. Eastern Time (ET) and will conclude at 3:00 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
<E T="03">https://www.epa.gov/stationary-sources-air-pollution/secondary-lead-smelting-national-emissions-standards-hazardous-air.</E>
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
<E T="03">https://www.epa.gov/stationary-sources-air-pollution/secondary-lead-smelting-national-emissions-standards-hazardous-air</E>
or contact the public hearing team at (888) 372-8699 or by email at
<E T="03">SPPDpublichearing@epa.gov.</E>
The last day to pre-register to speak at the hearing will be October 14, 2025. Prior to the hearing, the EPA will post a general agenda that will list pre-registered speakers at:
<E T="03">https://www.epa.gov/stationary-sources-air-pollution/secondary-lead-smelting-national-emissions-standards-hazardous-air.</E>
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 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
<E T="03">https://www.epa.gov/stationary-sources-air-pollution/secondary-lead-smelting-national-emissions-standards-hazardous-air.</E>
While the EPA expects the hearing to go forward as set forth above, please monitor our website or contact the public hearing team at (888) 372-8699 or by email at
<E T="03">SPPDpublichearing@epa.gov</E>
to determine if there are any updates. The EPA does not intend to publish a document in the
<E T="04">Federal Register</E>
(FR) announcing updates.
If you require the services of a translator or special accommodation such as audio description, please pre-register for the hearing with the public hearing team and describe your needs by October 8, 2025. The EPA may not be able to arrange accommodations without advanced notice.
<E T="03">Docket.</E>
The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2025-0078. All documents in the docket are listed in
<E T="03">https://www.regulations.gov/.</E>
Although listed, some information is not publicly available,
<E T="03">e.g.,</E>
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 as PDF versions that can only be accessed on the EPA computers in the docket office reading room. Certain databases and physical items cannot be downloaded from the docket but may be requested by contacting the docket office at 202-566-1744. The docket office has up to 10 business days to respond to these requests. With the exception of such material, publicly available docket materials are available electronically at
<E T="03">https://www.regulations.gov.</E>
<E T="03">Instructions.</E>
Direct your comments to Docket ID No. EPA-HQ-OAR-2025-0078. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at
<E T="03">https://www.regulations.gov/,</E>
including any personal information provided, unless the comment includes information claimed to be CBI or other information whose disclosure is restricted by statute. Do not submit electronically to
<E T="03">https://www.regulations.gov/</E>
any information that you consider to be CBI or other information whose disclosure is restricted by statute. This type of information should be submitted as discussed below.
The EPA may publish any comment received to its public docket. 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 (
<E T="03">i.e.,</E>
on the Web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit
<E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E>
The
<E T="03">https://www.regulations.gov/</E>
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
<E T="03">https://www.regulations.gov/,</E>
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.
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