The Risk and Technology Review (RTR) for the Secondary Lead Smelters NESHAP (subpart X) was promulgated on January 5, 2012 (77 FR 555). On March 5, 2012, environmental groups, the Association of Battery Recyclers and Johnson Controls International petitioned the Agency for reconsideration of aspects of the final rule. On December 10, 2012, the EPA granted reconsideration of the risk analysis related to the "ample margin of safety analysis." This action would propose the EPA’s response to the issues for which the EPA granted reconsideration.

This action would also address the review of the NESHAP for Secondary Lead Smelting (subpart X) pursuant to CAA section 112(d)(6). CAA section 112(d)(6) requires the EPA to review and revise the emission standards as necessary, taking into account developments in practices, processes and control technologies, no less often than every 8 years. Pursuant to a consent decree entered in California Communities Against Toxics, et al. v. Regan, Case No: 1:22-cv- (D.D.C. 2024), the proposed rule is to be signed by September 30, 2025.