INDIANA DEPARTMENT OF ENVIRONME NTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

100 N. Senate Avenue • Indianapolis, IN 46204 

(800) 451-6027 • (317) 232-8603 • www. idem.IN.gov 

Michael R. Pence 

Governor 

Mr. George T. Czerniak 

Director, Air and Radiation Division 

U.S. Environmental Protection Agency 

Region 5 

77 West Jackson Boulevard 

Chicago, Illinois 60604-3950 

Dear Mr. Czerniak: 

November 17, 2014 

Thomas W. Easterly 

Commissioner 

Re: Request for Withdrawal of the 

Attainment Demonstration and Technical 

Support Document for the Muncie, 

Delaware County, Indiana Lead 

Nonattainment Area 

The Indiana Department of Environmental Management (IDEM) is hereby 

withdrawing the Final Attainment Demonstration and Technical Support Document for 

the Muncie, Delaware County, Indiana Lead Nonattainment Area. The Attainment 

Demonstration and amendments to Indiana's State Implementation Plan (SIP) for lead 

were submitted to your agency for review and approval on March 14, 2013. Pursuant to 

Section 191 of the Clean Air Act (CAA), Indiana was required to submit an attainment 

demonstration consistent with the requirements of Section 172 of the CAA 

demonstrating how the plan would provide for attainment of the 2008 National Ambient 

Air Quality Standard (NAAQS) for lead as expeditiously as possible, but no later than 

five years after the effective date of nonattainment designation, i.e., December 31, 

2015. 

This letter is in response to a request by your staff seeking clarification regarding 

the contingency measure requirements contained in Section 172(c)(9) of the CAA. 

Consistent with the general requirements as outlined in the final rule promulgating the 

2008 lead NAAQS, contingency measures must be fully adopted rules or control 

measures that are ready to be implemented as expeditiously as practicable upon 

determination by U.S. EPA that the measures will be implemented without further action 

(or only minimal action) by the state or by the Administrator. 

An Equal Opportunity Employer 0 @ Recycled Paper A State that Works 

-
Mr. Czerniak 

Page 2 

According to your staff, contingency measure(s) should provide for emission 

reductions that are at least equivalent to one year's worth of reductions (20% of total 

emissions) needed for the area to meet the reasonable further progress requirements, 

based on linear progress towards achieving the overall level of reductions needed to 

demonstrate attainment. These measure(s) are required to be implemented at Exide 

Technologies, as the facility is the primary source for elevated lead concentrations in 

the area, within 60 days of the U.S. EPA notifying the Indiana Department of 

Environmental Management (IDEM) that a violation of the 2008 lead NAAQS has 

occurred. 

Exide Technologies submitted a significant permit modification application to their 

Title V permit (#035-22535-00028), issued September 7, 2007, to IDEM in May, 2013 to 

construct and install two new bag houses to existing processes. The permit limited total 

lead point source emissions to 2.59 tons per year. Under the national emission 

standards for hazardous air pollutants (NESHAP) for secondary lead smelters at 40 

Code of Federal Regulations (CFR) 635.44, Exide Technologies total point source 

emissions, are currently limited to 1.73 tons per year. As such, lead emission 

reductions associated with the limits under the attainment demonstration versus the 

previous permit limit is 0.81 tons per year. Therefore, contingency measure(s) would 

need to account for approximately 0.17 tons of lead emissions in order to satisfy 

reasonable further progress requirements. 

IDEM identified a list of potential contingency measures that would target fugitive 

emissions through better housekeeping. However, based on discussions with your 

staff, there is no precedence for incorporating these types of contingency measures or 

way to accurately quantify emission reductions associated with these measures. 

Emission limits modeled under the NESHAP for secondary lead smelters 

assumed no fugitive emissions would be emitted from the facility as the rule requires 

Exide Technologies to operate process and other fugitive lead dust sources within total 

enclosures that are maintained under negative pressure and vented to a control device. 

Therefore, modeled attainment was predicted solely through the new permitted 

emission limits based on potential to emit calculations instead of actual emissions. At 

the modeled emission rate, the predicted concentration was well below the 2008 lead 

NAAQS. 

Placing a 20% throughput limit on Exide's permitted lead point sources appears 

to be the only viable contingency measure available that would provide for emission 

reductions that are at least equivalent to one year's worth of reductions. In order to 

provide a legal mechanism to enforce a throughput limit, the State of Indiana would 

have to amend the state rule and submit the amendment to your agency as a revision to 

the SIP. The state rule making process typically takes a minimum of 18 months and 

your agency has up to 12 months to act on a SIP revision. Assuming a 20% throughput 
Mr. Czerniak 

Page 3 

limit were deemed to be an acceptable control measure through the state rule making 

process, it will likely take 2-3 years to complete. As such, the state does not have 

adequate time to approve this SIP revision before the area's attainment date, i.e., 

December 31, 2015. 

As no viable contingency measure(s) exist that would provide for emission 

reductions needed for the area to meet rate of further progress requirements, IDEM is 

withdrawing the Final Attainment Demonstration and Technical Support Document for 

the Muncie, Delaware County, Indiana Lead Nonattainment Area as it does not satisfy 

Indiana's obligation under Section 172(c) of the Clean Air Act. 

In conjunction with withdrawing the Attainment Demonstration, IDEM is 

requesting that your agency make a clean data determination finding for the area as 

soon as three (3) years of complete, quality-assured ambient air quality monitoring data 

are available. IDEM is also requesting that your agency suspend the area's obligations 

to submit an attainment demonstration, reasonable available control measures (RACM), 

reasonable further progress, contingency measures and other planning requirements 

related to attainment for as long as the area continues to attain the standard. Such 

action is supported by the fact that air quality in the area has been trending downward 

over time and will continue to improve and achieve attainment of the lead standard by 

June, 2015 (close of calendar year 2015). The chart below shows that rolling threemonth averages for the time period of May 2012 through September 2014 have been 

well below 2008 NMQS for lead. Existing lead emission control measures at Exide 

Technologies, including those recently implemented under the NESHAP for secondary 

lead smelters will ensure the area attains and continues to maintain the standard with 

an increasing margin of safety over time. 

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Mr. Czerniak 

Page4 

IDEM does not believe withdrawing the Attainment Demonstration or suspending 

SIP elements related to attaining the standard will have any impact on the amendments 

to Indiana's SIP for lead. The submittal consists of revisions to Indiana's lead rules at 

326 lAC 15, the addition of 326 lAC 20-13.1 concerning updates to the national 

emission standards for hazardous air pollutants for secondary lead smelters, updates to 

326 lAC 20-13, and the scheduled repeal of 326 lAC 20-13 in two parts to coincide with 

the compliance schedule in the new provisions in 326 lAC 20-13.1. Throughout the 

development of these amendments to Indiana's existing rules, IDEM staff worked with 

U.S. EPA, to ensure that any potential concerns regarding the submission were 

addressed. Therefore, IDEM respectfully requests that your agency proceed with its 

review and approval of the amendments to Indiana's state rules for lead separately from 

the Attainment Demonstration. 

An electronic version of this request in PDF format has been sent to Doug 

Aburano, Chief of U.S. EPA Region 5's Attainment Planning and Maintenance Section. 

If you have any questions or need additional information concerning this matter, 

please contact Scott Deloney, Chief, Air Programs Branch, at (317) 233-5694 or 

sdeloney@idem.IN.gov. 

KB/sad/ghf 

cc: Doug Aburano, U.S. EPA Region 5 

Sarah Arra, U.S. EPA Region 5 

Fred Ganster, Exide Technologies 

Keith Baugues, IDEM 

Scott Deloney, IDEM 

Jeff Stoakes, IDEM 

Gale Ferris, IDEM 

File Copy 

Sincerely, 

~[5~ 

Keith Baugues 

Assistant Commissioner 

Office of Air Quality