Approval and Promulgation of Implementation Plans; Indiana

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]

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