[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Rules and Regulations]
[Pages 21717-21720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10810]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IN44-1-6538a; FRL-5190-6]


Approval and Promulgation of Implementation Plans; Indiana

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: On March 23, 1994, the State of Indiana requested a revision 
to the Indiana State Implementation Plan (SIP) for lead, in accordance 
with part D, title I requirements of the Clean Air Act (the Act) for 
the Marion County lead nonattainment area. Supplemental information was 
received on September 21, 1994. The submittal provides for the control 
of both stack and fugitive emissions by requiring, among other things, 
revised emission limitations, improved monitoring, building enclosures, 
an amended fugitive lead dust plan, and contingency measures in the 
event that subsequent violations of the lead National Ambient Air 
Quality Standard (NAAQS) occur. USEPA made a finding of completeness in 
a letter dated September 23, 1994. Therefore, because the submittal 
contains all the necessary elements under part D, USEPA is approving 
it. In the proposed rules section of this Federal Register, USEPA is 
proposing approval of and soliciting public comment on this requested 
SIP revision. If adverse comments are received on this action, USEPA 
will withdraw this final rule and address the comments received in 
response to this action in a final rule on the related proposed rule 
which is being published in the proposed rules section of this Federal 
Register. A second public comment period will not be held. Parties 
interested in commenting on this action should do so at this time.

DATES: This final rule is effective on July 3, 1995 unless an adverse 
comment is received by June 2, 1995. If the effective date of this 
action is delayed due to adverse comments, timely notice will be 
published in the Federal Register.

ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief, 
Regulation Development Section, Regulation Development Branch (AR-18J), 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. Copies of the SIP revision request and USEPA's 
analysis are available for inspection at the following address: U.S. 
Environmental Protection Agency, Region 5, Air and Radiation Division 
(AR-18J), 77 West Jackson Boulevard, Chicago, Illinois 60604. (It is 
recommended that you telephone Rosanne Lindsay at (312) 353-1151, 
before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Rosanne Lindsay at (312) 353-1151. 
[[Page 21718]] 

SUPPLEMENTARY INFORMATION:

I. Background/History

    In a final rule published on November 6, 1991, USEPA announced that 
a portion of Marion County, Indiana was being designated nonattainment 
for lead under section 107(d)(5) of the Clean Air Act (the Act), based 
on violations of the lead NAAQS monitored in 1990 in the vicinity of 
the Refined Metals facility in Marion County [See, 56 FR 56694 
(codified at 40 CFR 81.315)]. The lead nonattainment designation for 
this area became effective on January 6, 1992.
    Section 191(a) of the Act requires that States containing areas 
designated nonattainment for lead submit a SIP meeting the requirements 
of part D, title I of the Act within 18 months of the nonattainment 
designation. On February 4, 1992, Indiana submitted to the USEPA a 
site-specific revision request to the lead implementation plan 
addressing the 1990 lead NAAQS violations. Because the revision request 
did not satisfy all part D, title I, requirements, on July 12, 1993, 
USEPA proposed a limited approval/limited disapproval (58 FR 37450). On 
September 23, 1993, Indiana officially withdrew the SIP submittal. On 
March 23, 1994, the State submitted a revised rule which forms the 
basis for this rulemaking. The State supplemented the submittal on 
September 21, 1994, and USEPA deemed the submittal complete on 
September 23, 1994. Finally, on January 24, 1995, Indiana submitted 
contingency measures in an operating permit which underwent a public 
hearing.
    Section 192(a) further provides that each lead SIP must provide for 
attainment of the lead NAAQS as expeditiously as practicable, but no 
later than 5 years from the date of the nonattainment designation. 
Among other things, the part D, title I requirements include: 
implementation of all reasonably available control measures (RACM), 
including reasonably available control technology (RACT); demonstration 
of reasonable further progress (RFP); a comprehensive, accurate and 
current inventory of all sources of lead in the nonattainment area; a 
new source review (NSR) program meeting the requirements of section 173 
of the Act (i.e., require permits for construction and operation 
permits for new or modified major stationary sources of lead in the 
nonattainment area); enforceable emission limits, timetables and 
schedules for compliance; the applicable requirements of section 
110(a)(2); and provisions for the implementation of specific measures 
(contingency measures) upon a determination by USEPA that the 
nonattainment area fails to make RFP or meet the NAAQS by the 
applicable date (See, sections 172(c), 173 and 171 of the Act). USEPA 
provided the States with guidance on SIP requirements for lead 
nonattainment areas in the April 16, 1992, General Preamble for the 
Implementation of Title I of the Act of 1990 (See, 57 FR 13498; See 
also, 57 FR 18070, April 28, 1992), and in a December 22, 1993, 
Addendum to the General Preamble (See, 58 FR 67748). The State's 
February 4, 1992, submittal, as well as the final submittal, are 
available for inspection at the USEPA Region 5 Office.<SUP>1

    \1\USEPA approved the Indiana lead SIP called for in response to 
the issuance of lead NAAQS and subject to the requirements of then 
section 110 of the Act [see Title IAC 326 15-1 on April 10, 1988 (53 
FR 12896) and October 3, 1988 (53 FR 38719)].
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II. Identification of Review Criteria

    USEPA has evaluated the revisions to Indiana's lead SIP for 
consistency with the requirements of sections 191(a) and 192(a) of the 
Act, and other applicable federal requirements. Additional guidance 
documents containing USEPA policy include: the April 23 and June 24, 
1992, Questions and Answers for Lead, prepared by the Office of Air 
Quality Planning and Standards (OAQPS); the April 16, 1992, General 
Preamble (See, 57 FR 13498; See also, 57 FR 18070, April 28, 1992); and 
the December 22, 1993, Addendum to the General Preamble (See, 58 FR 
67748).

III. USEPA Review and Findings

A. Review of Submittal Applicable to Portion of Marion County 
Designated Nonattainment for Lead

    This revision request provides for the control of both stack and 
fugitive emissions by requiring revised emission limitations, a new 
baghouse and stack, and a total enclosure of the buildings housing the 
sources considered to be responsible for the monitored violations 
(i.e., blast furnace, dust furnaces, material storage building). The 
emission limits for the new and existing baghouse stacks are summarized 
below:

                          Baghouse Stack Limits                         
------------------------------------------------------------------------
                                                 Old limit    New limit 
                Baghouse stack                    (lb/hr)      (lb/hr)  
------------------------------------------------------------------------
M-1...........................................        1.132         0.91
M-2...........................................         .015          .15
M-3...........................................         .005          .15
M-4...........................................  ...........          .30
------------------------------------------------------------------------

    In addition to the above limitations, and a fugitive lead dust 
control plan, the site-specific lead rule (Title 326 IAC 15-1-2, 
sections 2(1)(A) to 2(1)(I)) contains the following provisions to 
mitigate the release of lead fugitive emissions to the atmosphere: (1) 
the installation and operation of several hooding systems in several 
areas of the facility; (2) enclosure of the screw conveyors used to 
transport lead dust; (3) a three (3) percent opacity limit for all 
building openings; (4) a five (5) percent opacity limit for each stack; 
(5) a continuous monitoring system to ensure negative pressure inside 
the affected buildings, use of continuous opacity monitors (COMs) for 
stacks M-1 and M-4; (6) initial certification of COMs; (7) quarterly 
excess emission reporting of COM data and quality assurance reports; 
(8) stack testing of all stacks; and authority by the State to require 
the cessation in production, if necessary, to ensure attainment of the 
lead NAAQS (See January 12, 1995, operating permit provisions). 
Compliance with these provisions is to be achieved no later than March 
1, 1994, with the exception of the operating permit provisions, which 
are effective from January 12, 1995 through January 31, 1998.

B. Review of SIP Submittal

    The following summary describes how Indiana addresses the part D, 
title I requirements of the Act:
    Section 172(c)(1) calls for the implementation of RACM and RACT. 
Indiana has satisfied the requirement for RACM and RACT through 
emission limitations on the baghouse stacks, the maintenance of the 
buildings under negative pressure, and monitoring requirements. An 
amended fugitive lead dust plan, which mirrors an Agreed Order between 
the State and the source, further reduces lead emissions through 
operation and maintenance practices. A sampling survey of lead dust 
conducted on facility grounds also provided the State with new 
information needed for accurate inputs to air quality modeling.
    In modeling the ambient air quality at Refined Metals, IDEM first 
evaluated the performance of the Industrial Source Complex Long Term 
model (ISCLT2) against the performance of the Fugitive Dust Model 
(FGM), to determine which model would best characterize the air quality 
in the area. ISCLT2 predicted lead concentrations which more closely 
matched the monitored lead concentrations for the area. Therefore, 
ISCLT2 was used in the attainment demonstration for this SIP revision.
    The Refined Metals facility's lead emission points include point, 
area, and volume sources. Building downwash effects were considered for 
the elevated point sources. Roadway dust, which has [[Page 21719]] been 
found to contain a large percentage of lead particles, makes up a 
significant portion of the area's ambient air lead concentration. The 
roadway lead emissions were modeled as a series of area sources. The 
Refined Metals implementation plan calls for measures to limit the 
amount of lead-containing dust allowed to accumulate on truck tires and 
leave the plant vicinity. The facility would also be enclosed to 
prevent additional buildup of dust on the roadways. Indiana used the 
assumption that the dust mass and the percentage of lead in that dust 
would be reduced by 90 percent using the planned control measures. The 
background lead concentration was calculated from monitored data to be 
0.14 <greek-m>g/m<SUP>3. This concentration was added to the modeled 
concentrations to demonstrate attainment. The maximum quarterly average 
lead concentration was 0.66 <greek-m>g/m<SUP>3, which included 
background totals 0.80 <greek-m>g/m<SUP>3. This is below the lead NAAQS 
of 1.5 <greek-m>g/m<SUP>3.
    Section 172(c)(2) requires RFP goals to be met. Indiana maintains 
that linear progression toward attainment is, in this case, 
inappropriate due to the fact that Refined Metals is the sole source of 
lead NAAQS violations. Instead, the State contends that compliance with 
the emission limitations, provisions of the lead rule and a modified 
fugitive lead dust control plan will result in immediate attainment of 
the lead NAAQS in Marion County. This is acceptable to USEPA.
    Section 172(c)(3) requires a complete, comprehensive, accurate and 
current inventory of the nonattainment area. Completed in April of 
1994, the inventory adequately demonstrates that Refined Metals is the 
only significant source of lead emissions in the lead nonattainment 
area.
    Section 172(c)(4) requires the identification and quantification of 
any pollutant which will be allowed from the construction and operation 
of major new or modified major sources for such area, in accordance 
with section 173(a)(1)(B) (targets economic development zones). Indiana 
states that Marion County is not currently and does not expect to 
become a targeted economic development zone. This is acceptable to 
USEPA.
    Section 172(c)(5) requires an approved NSR program to be in place 
in the nonattainment area. USEPA approved Indiana's emission offset 
rules on October 7, 1994 (326 IAC 2-3; 59 FR 51108). The rules, which 
became effective on December 6, 1994, satisfy this requirement.
    Section 172(c)(6) requires enforceable emission limitations, 
schedules, and timetables for compliance. USEPA finds that the site-
specific lead rule subject to this rulemaking, effective April 27, 
1994, fulfills these requirements because the source is subject to 
clear emission limits, averaging times, compliance dates, continuous 
compliance, recordkeeping and reporting requirements, and appropriate 
testing methods to determine compliance.
    Section 172(c)(7) requires compliance with section 110(a)(2) of the 
Act. Indiana has met these requirements through the existing State air 
quality rules and this SIP submittal.
    Section 172(c)(8) allows the State to use equivalent techniques for 
modeling, emission inventory, or planning procedures. Indiana believes 
these alternatives not to be applicable to this submittal. This is 
acceptable to USEPA.
    Section 172(c)(9) requires inclusion of provisions for the 
implementation of contingency measures if the area fails to meet RFP or 
attainment of the lead NAAQS by the applicable date. Indiana 
incorporated contingency measures into an operating permit issued to 
Refined Metals that was subject to public comment and included in the 
SIP submittal. The measures are triggered upon notification by the 
local or State agency that the air quality monitors in the source's 
vicinity have recorded a violation of the lead NAAQS, or clearly will 
record a violation when initial data is averaged over the quarter. 
These measures include: a cessation of operations until a corrective 
action plan has been approved by the Local and State agencies, an 
investigation by the source into all possible causes of the excessive 
lead concentrations, a final report of the investigation and a proposed 
plan for corrective measures with a schedule, and timely implementation 
of corrective measures. The Local and State agencies can approve, 
disapprove and/or request additional information from the source. 
Source operations can recommence upon approval of the plan. The 
operating permit has a lifetime of 5 years. In order for these 
contingency measures to remain permanent and federally enforceable, the 
permit must be renewed upon each expiration with the same contingency 
measures while the area remains designated as nonattainment. In meeting 
these requirements, the State satisfies its obligation for contingency 
measures.
    USEPA also notes that the fugitive lead dust control plan, required 
under part D, title I of the Act, is satisfied by this submittal.<SUP>2 
The newly modified plan for Refined Metals reflects recent changes 
required by an Agreed Order between the State and Refined Metals.

    \2\Pursuant to USEPA's approval of the Indiana SIP, the State is 
required to submit approvable source-specific fugitive lead dust 
control plans as revisions to the SIP. Fugitive dust control plans 
for 9 sources were disapproved in a rulemaking action on February 1, 
1993 (58 FR 6606). State plans for these sources, excluding Refined 
Metals, are still required to be submitted to USEPA.
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IV. Final Rulemaking Action

    USEPA is approving the March 23, 1994, SIP submittal because all of 
the applicable Federal requirements under section 110(a)(2) and part D, 
title I, of the Act have been satisfied. The submittal for Marion 
County also satisfies the requirements of sections 191(a) and 192(a) of 
the Act by providing for the necessary elements to reach attainment of 
the lead NAAQS no later than 5 years from the January 6, 1992, 
nonattainment designation.
    The USEPA is publishing this action without prior proposal because 
USEPA views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the USEPA is proposing to approve the requested 
SIP revision should adverse or critical comments be filed. This action 
will be effective on July 3, 1995 unless adverse or critical comments 
are received by June 2, 1995.
    If the USEPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent rule that 
withdraws this final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The USEPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective on July 3, 1995.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from Executive Order 12866 review.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. USEPA [[Page 21720]] shall consider each request for revision to 
the SIP in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. (5 U.S.C. 603 and 604.) 
Alternatively, USEPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements, but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP-approval does not impose any new requirements, I certify 
that it does not have a significant impact on any small entities 
affected. Moreover, due to the nature of the Federal-State relationship 
under the Act, preparation of a regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of the 
State action. The Clean Air Act forbids USEPA to base its actions 
concerning SIPs on such grounds. Union Electric Co. v. USEPA, 427 U.S. 
246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 3, 1995. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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. 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, Incorporation by 
reference, Lead.

    Dated: April 3, 1995.
David A. Ullrich,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to reads as 
follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart P--Indiana

    2. Section 52.770 is amended by adding paragraph (c)(95) to read as 
follows:


Sec. 52.770  Identification of plan.

    (c) * * *
    (95) On May 22, 1994, the Indiana Department of Environmental 
Management submitted a request to revise the Indiana State 
Implementation Plan by adding a lead plan for Marion County which 
consists of a source specific revision to Title 326 of the Indiana 
Administrative Code (326 IAC) for Refined Metals.
    (i) Incorporation by reference.
    (A) Amendments to 326 IAC 15-1-2 Source-specific provisions. Filed 
with the Secretary of State March 25, 1994. Effective April 24, 1994. 
Published at Indiana Register, Volume 17, Number 8, May 1, 1994.

[FR Doc. 95-10810 Filed 5-2-95; 8:45 am]
BILLING CODE 6560-50-P