[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.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
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Old limit New limit
Baghouse stack (lb/hr) (lb/hr)
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M-1........................................... 1.132 0.91
M-2........................................... .015 .15
M-3........................................... .005 .15
M-4........................................... ........... .30
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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 g/m3. This concentration was added to the modeled
concentrations to demonstrate attainment. The maximum quarterly average
lead concentration was 0.66 g/m3, which included
background totals 0.80 g/m3. This is below the lead NAAQS
of 1.5 g/m3.
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.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
