Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations 42393 

shut down the customer’s ability to 

print PC Postage as described in the 

Domestic Mail Manual section 604.4. 

■ 5. In § 501.18, revise paragraph (b)(2) 

and add paragraph (c)(6) to read as 

follows: 

§ 501.18 Customer information and 

authorization. 

* * * * * 

(b) 

* * * * * 

(2) Within five years preceding 

submission of the information, the 

customer violated any standard for the 

care or use of the Postage Evidencing 

System, including any unresolved 

identified postage discrepancies that 

resulted in revocation of that customer’s 

authorization. 

* * * * * 

(c) 

* * * * * 

(6) The customer has any unresolved 

postage discrepancies. 

* * * * * 

Stanley F. Mires, 

Attorney, Federal Compliance. 

[FR Doc. 2015–17533 Filed 7–16–15; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2013–0193; FRL–9930–41– 

Region 5] 

Approval of Air Quality Implementation 

Plans; Indiana; Lead Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a request 

submitted on March 14, 2013, and 

supplemented on November 17, 2014, 

by the Indiana Department of 

Environmental Management (IDEM) to 

revise the state implementation plan 

(SIP) for lead. The submittal updates 

Indiana’s lead rule at Title 326 of the 

Indiana Administrative Code (IAC), 

Article 15. It also amends 326 IAC 

Article 20, to incorporate some of the 

provisions of EPA’s National Emission 

Standard for Hazardous Air Pollutants 

(NESHAP) for secondary lead smelters. 

IDEM made the revisions to increase the 

stringency and clarity of Indiana’s lead 

SIP rules. 

DATES: This direct final rule will be 

effective September 15, 2015, unless 

EPA receives adverse comments by 

August 17, 2015. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2013–0193, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2013– 

0193. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means 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 EPA without going 

through www.regulations.gov 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. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding Federal 

holidays. We recommend that you 

telephone Charles Hatten, 

Environmental Engineer, (312) 886– 

6031 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background: Lead SIP and NESHAP Rules 

II. Discussion of State Submittal 

III. What action is EPA taking? 

IV. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background: Lead SIP and NESHAP 

Indiana’s SIP rules for lead are 

contained in two separate parts of the 

State’s regulations. The first is Article 

15, which EPA approved on August 17, 

1989 (See 54 FR 33894). This provision 

addresses lead-bearing emissions from 

processes and fugitive dust from several 

facilities in Indiana. 

The second regulatory provision is 

326 IAC 20–13, which EPA approved on 

January 15, 2008 (77 FR 2248). This 

section contains a partial incorporation 

by reference of EPA’s June 13, 1997, 

NESHAP for secondary lead smelting at 

40 CFR part 63, subpart X (62 FR 

32209). This includes: 1) 326 IAC 20– 

13–1(c) [incorporation by reference of 

40 CFR part 63, subpart X, NESHAP 

(June 13, 1997; 62 FR 32209), with 

exceptions]; 2) 326 IAC 20–13–2(a) 

[source-specific lead emission limits 


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42394 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations 

1 It should be noted that IDEM’s March 14, 2013 

submission contained a Final Attainment 

Demonstration and technical Support Document for 

the Muncie, Delaware County, Indiana Lead 

Nonattainment Area. Indiana withdrew that portion 

of the submission on November 17, 2014. 

2These provisions remain federally enforceable 

by EPA. 

3EPA has issued a finding that certain SIP 

revisions relating to startup, shutdown and 

malfunction (SSM) in 36 states are substantially 

inadequate to meet the Act’s requirements. 

Included in this ‘‘SIP call’’ are ‘‘affirmative 

defense’’ provisions for SSM events. 80 FR 33480 

(June 12, 2015). 

and filter requirements for secondary 

lead smelter, Quemetco Incorporated 

(Quemetco)]; and 3) 326 IAC 20–13–6 

[compliance testing requirements]. 

On January 5, 2012 (77 FR 556), EPA 

published amendments to the NESHAP 

for secondary lead smelting. The final 

rule revised the standards for secondary 

lead smelters based on the residual risk 

and technology reviews required under 

section 112(f) of the Clean Air Act 

(CAA), 42 U.S.C. 7412(f). In addition to 

revising the emission limits for lead 

compounds, the amendments to the 

NESHAP included: Revisions to 

standards for fugitive emissions; 

addition of total hydrocarbon, dioxin, 

and furans emission limits for 

reverberatory and electric arc furnaces; 

modification and addition of testing and 

monitoring, recordkeeping and 

reporting requirements. 

On March 14, 2013, and 

supplemented on November 17, 2014, 

IDEM submitted a request to revise the 

SIP to update its lead rule at 326 IAC 

15. IDEM published several newspaper 

notices informing the public of the 

revisions to 326 IAC 15 and 326 IAC 20. 

A public hearing on these revisions was 

held on November 7, 2012. There were 

no comments received.1

II. Discussion of State Submittal 

Below is a discussion of Indiana’s 

rules, including an identification of any 

significant changes from the previously 

approved SIP lead rules. 

Rule 326 IAC 15, Lead 

IDEM made several administrative 

revisions to Article 15 to clarify the 

language in the rule. In section 2 of this 

rule, IDEM removed obsolete rule 

language for sources no longer in 

operation. 

In section 3 of this rule, ‘‘Control of 

fugitive lead dust,’’ IDEM made minor 

revisions by removing unnecessary 

language. For instance, the language in 

this section of the rule instructs sources 

listed section 2 to submit their fugitive 

dust control program to ‘‘the department 

of environmental management, office of 

air management.’’ IDEM deleted the 

words ‘‘of environmental management, 

office of air management’’ in the revised 

rule language to simply direct the 

sources to submit its fugitive dust 

control programs to ‘‘the department.’’ 

In section 4 of this rule, 

‘‘Compliance,’’ IDEM made a revision to 

correct the citation for the appropriate 

source sampling procedures. Previously, 

the SIP the source sampling procedures 

were in 326 IAC 3–2. IDEM has 

relocated these to 326 IAC 3–6. 

EPA finds these administrative 

changes approvable in Indiana’s SIP. 

Rule 326 IAC 20, Secondary Lead 

Smelting 

Consistent with amendments to the 

NESHAP, Indiana added 326 IAC 20– 

13.1, which incorporates portions of this 

rule. More specifically, it contains 

standards for process and fugitive 

sources at secondary lead smelters, test 

methods, fugitive dust control, standard 

operating procedures for baghouses, and 

monitoring and recordkeeping 

requirements, which are covered by 

other portions of 326 IAC 20–13. When 

IDEM adopted rule 326 IAC 20–13.1, it 

did not include any exclusions to the 

rule that would exempt secondary lead 

smelters from complying with any 

operating and testing requirements 

consistent with the NESHAP. Thus, the 

secondary lead smelter rule at 326 IAC 

20–13.1 provides clarity to the 

applicability, operating, and testing 

requirements for secondary lead 

smelters. 

Second, the revisions to the NESHAP 

revised the lead emission limits that 

apply to process and process fugitive, 

and stacks venting fugitive dust 

emissions. The lead emission limit from 

process and process fugitive sources 

was revised from 2.0 milligrams of lead/ 

dry standard cubic meter (mg/dscm) to 

1.0 mg/dscm. The lead emission limit 

for stacks venting fugitive dust 

emissions was revised from 2.0 mg/

dscm to 0.5 mg/dscm. 

In the current SIP, EPA approved 

source-specific lead emission limits that 

apply to the secondary lead smelting 

facility owned and operated by 

Quemetco. Quemetco is located in 

Indianapolis, Indiana. For Quemetco, 

the lead emission limits that apply to a 

specific process and process fugitive 

dust, and stacks venting fugitive dust 

emissions are already as stringent as the 

NESHAP. IDEM has relocated these 

limits to 326 IAC 20–13.1–4. 

In addition to lead emission limits for 

Quemetco, IDEM included sourcespecific lead emission limits for the 

Muncie (Delaware County), Indiana 

secondary lead smelting facility owned 

and operated by Exide Technologies 

(Exide) at 326 IAC 20–13.1–3. The rule 

contains lead emission limits for 

specific processes and process fugitive 

dust lead emissions at Exide. These 

emission limits are at levels as stringent 

as the NESHAP. 

When revising the NESHAP for 

secondary lead smelting, EPA 

established a facility-wide, flow 

weighted average, lead emissions limit 

from stacks of 0.20 mg/dscm. IDEM 

incorporated this emission limit into 

326 IAC 20–13.1–5. 

Indiana has requested that EPA 

approve all portions of 326 IAC 20–13.1 

into the SIP, with the following 

exceptions: 

(A.) All provisions related to dioxins, 

furans, total hydrocarbons, in the 

following provisions: 

(1) 326 IAC 20–13.1–5(d); (2) 326 IAC 

20–13.1–5(f); (3) 326 IAC 20–13.1–5(g); 

(4) 326 IAC 20–13.1–5(i); (5) 326 IAC 

20–13.1–5(j); (6) 326 IAC 20–13.1–10(e); 

(7) 326 IAC 20–13.1–11(d); (8) 326 IAC 

20–13.1–11(e); (9) 326 IAC 20–13.1– 

12(b); (10) 326 IAC 20–13.1–12(c); (11) 

326 IAC 20–13.1–12(d); (12) 326 IAC 

20–13.1–12(e); (13) 326 IAC 20–13.1– 

14(e)(2); and (14) 326 IAC 20–13.1– 

14(e)(3), related to total hydrocarbon. 

(B.) certain ‘‘General Provisions’’ and 

notification provisions under the 

Federal NESHAP, identified in 326 IAC 

20–13.1–1(d); 326 IAC 20–13.1–13(a),2

(C.) 326 IAC 20–13.1–15, concerning 

the affirmative defense to civil penalties 

for an exceedance of the emissions limit 

during malfunctions.3

IDEM decided that the changes to 326 

IAC Article 20 required the removal of 

any duplicate or conflicting emission 

limits or other requirements that 

presently exist in 326 IAC 20–13 in the 

transition to the new requirements in 

326 IAC 20–13.1, and thus, repealed 326 

IAC 20–13. 

EPA finds the lead emission limits for 

secondary lead smelters in 326 IAC 20– 

13.1 are more stringent than and will 

thus strengthen Indiana’s current lead 

SIP. As such, they are approvable. 

III. What action is EPA taking? 

EPA is approving Indiana’s March 14, 

2013, SIP revision request, as 

supplemented on November 17, 2014, 

which addresses lead sources in the 

state. The submission consists of 

updates and clarifications to Indiana’s 

lead SIP rule at 326 IAC Article 15. It 

also amends 326 IAC Article 20, to 

incorporate some of the provisions of 

EPA’s NESHAP for secondary lead 

smelters at 326 IAC 20–13.1. EPA will 

take no action on the provision of this 

rule related to (1) dioxins, furans, and 

total hydrocarbons, (2) identified 


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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations 42395 

NESHAP requirements, and (3) the 

affirmative defense to civil penalties for 

an exceedance of the emissions limit 

during malfunctions. It should be noted 

that this action in no way affects the 

continued enforceability of the NESHAP 

at 40 CFR part 63, subpart X. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective September 15, 2015 without 

further notice unless we receive relevant 

adverse written comments by August 

17, 2015. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. If we do not receive 

any comments, this action will be 

effective September 15, 2015. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Indiana regulations 

described in the amendments to 40 CFR 

part 52 set forth below. The EPA has 

made, and will continue to make, these 

documents generally available 

electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 15, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Emissions reporting, 

Incorporation by reference, Lead, 

Reporting and recordkeeping 

requirements. 

Dated: July 2, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.770, the table in 

paragraph (c) is amended by: 

■ a. Revising the entries under ‘‘Article 

15. Lead Rules’’. 

■ b. Revising the entries under ‘‘Article 

20. Hazardous Air Pollutants’’. 

The revisions read as follows: 

§ 52.770 Identification of plan. 

* * * * * 


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42396 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Rules and Regulations 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject 

Indiana 

effective 

date 

EPA Approval date Notes 

*******

Article 15. Lead Rules 

Rule 1. Lead Emission Limitations 

15–1–2 .............. Source-specific provisions 3/1/2013 7/17/2015, [insert Federal Register citation].

15–1–3 .............. Control of fugitive lead 

dust.

3/1/2013 7/17/2015, [insert Federal Register citation].

15–1–4 .............. Compliance ...................... 3/1/2013 7/17/2015, [insert Federal Register citation].

* * * * * * * 

Article 20. Hazardous Air Pollutants 

Rule 10 Bulk Gasoline Distribution Facilities 

20–10–1 ............ Applicability; incorporation 

by reference of federal 

standards.

11/14/1999 5/31/2002, 67 FR 38006.

Rule 20–13.1 Secondary Lead Smelters 

20–13.1–1 ......... Applicability ...................... 3/1/2013 7/17/2015, [insert Federal Register citation] ............. Sections (a)–(c), (e), and 

(f) 

20–13.1–2 ......... Definitions ......................... 3/1/2013 7/17/2015, [insert Federal Register citation] .............

20–13.1–3 ......... Emission limitations; lead 

standards for Exide 

Technologies, Incorporation.

3/1/2013 7/17/2015, [insert Federal Register citation] .............

20–13.1–4 ......... Emission limitations; lead 

standards for 

Quemetco, Incorporated.

3/1/2013 7/17/2015, [insert Federal Register citation] .............

20–13.1–5 ......... Emission limitations and 

operating provisions.

3/1/2013 7/17/2015, [insert Federal Register citation] ............. Sections (a)–(c), (e), and 

(h) 

20–13.1–6 ......... Total enclosure requirements.3/1/2013 7/17/2015, [insert Federal Register citation] .............

20–13.1–7 ......... Total enclosure monitoring 

requirements.

3/1/2013 7/17/2015, [insert Federal Register citation] .............

20–13.1–8 ......... Fugitive dust source requirements.3/1/2013 7/17/2015, [insert Federal Register citation] .............

20–13.1–9 ......... Bag leak detection system 

requirements.

3/1/2013 7/17/2015, [insert Federal Register citation] .............

20–13.1–10 ....... Other requirements .......... 3/1/2013 7/17/2015, [insert Federal Register citation] ............. Sections (a)–(d), (f) and 

(g) 

20–13.1–11 ....... Compliance testing ........... 3/1/2013 7/17/2015, [insert Federal Register citation] ............. Sections (a)–(c), and (f) 

20–13.1–12 ....... Compliance testing methods.3/1/2013 7/17/2015, [insert Federal Register citation] ............. Section (a) 

20–13.1–13 ....... Notification requirements 3/1/2013 7/17/2015, [insert Federal Register citation] ............. Sections (b)–(d) 

20–13.1–14 ....... Record keeping and reporting requirements.3/1/2013 7/17/2015, [insert Federal Register citation] ............. Sections (a)–(d), (e)(1), 

and (e)(4)–(e)(14) 

* * * * * * * 

* * * * * 

[FR Doc. 2015–17474 Filed 7–16–15; 8:45 am] 

BILLING CODE 6560–50–P 


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