[Federal Register Volume 73, Number 10 (Tuesday, January 15, 2008)]
[Rules and Regulations]
[Pages 2428-2431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-440]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2006-0276; FRL-8508-8]
Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Amendments to Lead Rules, Quemetco
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On February 7, 2002, Indiana submitted revisions to its State
Implementation Plan (SIP) for lead (Pb) as part of the State's
incorporation of a Federal standard for secondary lead smelters. On
October 3, 2006, and November 27, 2007, Indiana supplemented its
request as it pertained to Quemetco, Incorporated (Quemetco), in Marion
County. The requested SIP revision replaces the Pb emission limits for
Quemetco with new, stringent limits. EPA has determined that the new
limits will be protective of the Pb air quality standards, and is
therefore approving them.
DATES: This direct final rule will be effective March 17, 2008, unless
EPA receives adverse comments by February 14, 2008. 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-2006-0276, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (312)886-5824.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
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-
2006-0276. 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 e-mail.
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 e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail 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 legal holidays. We
recommend that you telephone Mary Portanova, Environmental Engineer, at
(312) 353-5954 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-5954, [email protected].
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: Pb SIP and NESHAP Rules
II. What are the new limits for secondary lead smelters?
III. How does removing Quemetco from Article 15 affect the Pb SIP?
IV. Demonstration of Pb NAAQS Attainment
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. Background: Pb SIP and NESHAP Rules
Indiana's SIP rules for Pb are currently codified at 326 Indiana
Administrative Code (IAC) 15, which is also referred to as Article 15.
Article 15 covers lead-bearing emissions and fugitive dust from several
facilities in Indiana, including secondary lead smelters. The SIP rules
applicable to sources in Marion County, Indiana, were developed to
ensure that Marion County would attain and maintain the Pb National
Ambient Air Quality Standards (NAAQS).
EPA promulgated the National Emission Standards for Hazardous Air
Pollutants (NESHAP) for secondary lead smelting on June 23, 1995 (60 FR
32587); amended on June 13, 1997 (62 FR 32209). Codified at 40 CFR part
63, subpart X, this NESHAP is a technology-based regulation intended to
bring certain sources at secondary lead smelters to a specified level
of air pollution control. Indiana incorporated the Maximum Achievable
Control Technology (MACT) standard of the secondary lead smelter
NESHAP, with certain adjustments, in 326 IAC 20-13. On August 22, 2006
(71 FR 48923), EPA approved Indiana's request for delegation of
authority to implement and enforce the NESHAP for secondary lead
smelting through 326 IAC 20-13.
The Federal NESHAP in Subpart X is expected to result in air
quality benefits where it affects secondary lead smelters which were
previously unregulated or which were previously subject to less
stringent controls. In Indiana, however, the existing Marion County Pb
SIP limits were already more stringent than the NESHAP's limits.
Indiana believed that the Federal secondary lead smelter NESHAP would
not fully protect the Pb NAAQS in Marion County. Therefore, when
Indiana adopted the NESHAP into 326 IAC 20-13, the State adjusted it to
make the rule's emission limits at least
[[Page 2429]]
as stringent as the Marion County Pb SIP limits had been.
There are two secondary lead smelters in Marion County, Indiana,
Quemetco and Refined Metals of Indianapolis (Refined Metals). Quemetco,
located in Indianapolis, recycles lead-acid batteries and other lead-
bearing materials. It is currently operating and is affected by both
the Marion County Pb SIP and the NESHAP rules for secondary lead
smelters. Indiana chose to remove the paragraph that addressed Quemetco
from the Pb SIP at Article 15, so that the facility's Pb emission
regulations would all reside in one State rule, 326 IAC 20-13. The
Refined Metals facility has closed.
II. What are the new limits for secondary lead smelters?
The emission limits for Quemetco in 326 IAC 20-13 differ from the
last Federally approved Pb SIP limits in Article 15. The SIP previously
approved by EPA contained Pb emission limits for specific processes and
process fugitive emissions. Later, the Quemetco facility enclosed its
Pb emission sources. Indiana subsequently revised Quemetco's Pb rules
to apply Pb emission limits on individual numbered vent stacks under
the facility's new configuration. The Pb limits in 326 IAC 20-13, which
were submitted to EPA on February 7, 2002, correspond to Quemetco's
current stack configuration. In addition, the limits in 326 IAC 15-1-
2(a)(8) were given in units of pounds per hour, but the numerical Pb
emission limits for Quemetco in 326 IAC 20-13-2(a) are given in units
of milligrams per dry standard cubic meter (mg/dscm) to match the
Federal NESHAP's emission limit units.
The process source limits in 326 IAC 20-13-2(a) are 1.0 mg/dscm,
compared to the corresponding NESHAP limits of 2.0 mg/dscm. This limit
applies to Quemetco's Stacks 100 and 111. The process fugitive source
limits are 0.5 mg/dscm, compared to the NESHAP limits of 2.0 mg/dscm,
and the emission limits for stacks venting fugitive dust sources are
also 0.5 mg/dscm, compared to the NESHAP limits of 2.0 mg/dscm. These
limits apply to Quemetco's Stacks 101-109. Quemetco has already shown
that it can meet these limits.
The regulation at 326 IAC 20-13-2(a) also requires the use of High
Efficiency Particulate Air (HEPA) filters, as defined in 40 CFR 63.542,
on process fugitive emissions and stacks venting fugitive dust sources.
The Quemetco facility already uses HEPA filters on its baghouses.
Indiana's secondary lead smelter rules include a partial
incorporation by reference of 40 CFR part 63, subpart X, at 326 IAC 20-
13-1(c). This specifies 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. The regulation at 326 IAC 20-13-1(c) does not include
certain portions of 40 CFR part 63, subpart X, which are already
covered by other portions of 326 IAC 20-13. The numerical emission
limits for process, fugitive, and process fugitive sources found in 40
CFR part 63, subpart X are not included in the incorporation because
Indiana's rule replaces them with more stringent limits, as in 326 IAC
20-13-2(a), for Quemetco. Certain requirements for baghouse bag leak
detection systems are also not included in 326 IAC 20-13-1(c). These
requirements do not apply to Quemetco, which has HEPA filters and is
therefore not required to have a bag leak detection system.
III. How does removing Quemetco from Article 15 affect the Pb SIP?
Because 326 IAC 20-13 now contains Pb emission limits for Quemetco,
Indiana chose to delete the portion of Article 15 that contains Pb
emission limits for Quemetco under the Marion County SIP, rather than
retain duplicate or conflicting emission limits. The final State rule
removing 326 IAC 15-1-2(a)(8) was published in the Indiana Register on
January 1, 2001 (24 Ind. Reg. 954).
Simply deleting Quemetco's limits from Article 15 would be an
unacceptable relaxation of the Marion County Pb SIP, even though
Quemetco's Pb air emissions are still regulated by the NESHAP at 326
IAC 20-13. State Pb SIP limits must be directly linked to local air
quality effects. The levels of the Pb SIP limits in Article 15 have
been shown, through dispersion modeling, to assure attainment and
maintenance of the Pb NAAQS in Marion County. The SIP may not be
subsequently relaxed without review and rulemaking action by EPA, to
assure continued maintenance of the NAAQS. EPA can bring enforcement
action against a facility based on noncompliance with the Federally
approved SIP limits. The NESHAP sets emission control requirements for
secondary lead smelters as a group. Its emission limits are based on
nationally available emission control technology. The NESHAP can be
changed as a broad national measure, without requiring an analysis of
the effects on local air quality.
Therefore, in an October 3, 2006 letter, Indiana requested that
portions of 326 IAC 20-13 be approved into the Marion County Pb SIP in
place of 326 IAC 15-1-2(a)(8). This request was clarified in a second
letter from Indiana to EPA dated November 27, 2007. Incorporating those
provisions of 326 IAC 20-13 into the Marion County Pb SIP ensures that
the Pb emission limits for Quemetco cannot be changed without proper
State rulemaking procedures, a demonstration of attainment of the Pb
NAAQS, and review and rulemaking action by EPA. The portions of Article
15 which Indiana requested as SIP revisions are 326 IAC 20-13-2(a)
(Quemetco's emission limits and filter requirements); 326 IAC 20-13-
1(c) (incorporation of 40 CFR part 63, subpart X); and 326 IAC 20-13-6
(compliance testing).
IV. Demonstration of Pb NAAQS Attainment
The State performed dispersion modeling in 2005 using the ISCST3
model to demonstrate that the new limits would protect the Pb NAAQS in
Marion County. ISCST3 was the appropriate regulatory dispersion model
at the time. The modeling used the regulatory default options and five
years of surface meteorological data from the Indianapolis, Indiana
airport, with upper-air meteorological data from Dayton, Ohio. Building
dimensions were included to account for downwash effects. The State
included both Quemetco's Pb emissions and the allowable Pb emissions
for the Refined Metals secondary smelter under Article 15. The Refined
Metals facility is currently not operating; but because Indiana has
maintained the SIP rule addressing Refined Metals in Article 15, its
allowable emissions must be included in the Marion County attainment
demonstration. The model showed that the limits in 326 IAC 20-13 will
maintain the Pb NAAQS of 1.5 micrograms per cubic meter, quarterly. The
maximum modeled quarterly impact of the Marion County Pb sources was
0.16 micrograms per cubic meter. This value includes a background Pb
concentration taken from locally monitored air quality data.
V. What action is EPA taking?
EPA is approving Indiana's February 7, 2002, SIP revision request,
as supplemented in a letter dated October 3, 2006, and another letter
dated November 27, 2007. EPA is approving the removal of 326 IAC 15-1-
2(a)(8) from the Indiana Pb SIP. EPA is also approving as part of the
SIP: (1) Corresponding minor editorial changes
[[Page 2430]]
in two sections of 326 IAC 15-1 that refer to Quemetco; (2) the
addition of 326 IAC 20-13-2(a); (3) the addition of 326 IAC 20-13-1(c);
and (4) the addition of 326 IAC 20-13-6. This SIP revision retains
emission limits adequate to protect the Pb NAAQS in Marion County,
Indiana, and places the regulations affecting Indiana's active
secondary lead smelters in one section of Indiana's pollution control
regulations. It should be noted that this action in no way affects the
continued enforceability of the Federal 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. The proposed rule will be effective March
17, 2008 without further notice unless we receive relevant adverse
written comments by February 14, 2008. 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. If we do not receive any comments, this
action will be effective March 17, 2008.
VI. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601, et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act (CAA).
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal Standard.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the state
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
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 rule 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 March 17, 2008. 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, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
[[Page 2431]]
Dated: December 7, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 52, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart P--Indiana
0
2. Section 52.770 is amended by adding paragraph (c)(183) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(183) On February 7, 2002, Indiana submitted revisions to its State
Implementation Plan (SIP) for lead (Pb) as part of the State's
incorporation of a Federal standard for secondary lead smelters. On
October 3, 2006, and November 27, 2007, Indiana supplemented its
request as it pertained to Quemetco, Incorporated, in Marion County.
This revision removes from the Indiana SIP the source-specific
provisions for Quemetco found in article 326 IAC 15, previously
approved in paragraph (c)(95) of this section, and replaces them with
the corresponding provisions of article 326 IAC 20-13.
(i) Incorporation by reference. The following sections of Title 326
of the Indiana Administrative Code (IAC) are incorporated by reference:
(A) 326 IAC 15-1-2(c) ``Source-specific provisions'' and 326 IAC
15-1-3 ``Control of fugitive lead dust''. Filed with the Secretary of
State on December 1, 2000, effective December 30, 2000. Published in
the Indiana Register on January 1, 2001 (24 IR 954).
(B) 326 IAC 20-13-1(c) ``Applicability; incorporation by reference
of federal standards'', 326 IAC 20-13-2(a) ``Emission limitations lead
standards for Quemetco, Incorporated'', and 326 IAC 20-13-6
``Compliance testing''. Filed with the Secretary of State on December
1, 2000, effective December 30, 2000. Published in the Indiana Register
on January 1, 2001 (24 IR 958).
* * * * *
[FR Doc. E8-440 Filed 1-14-08; 8:45 am]
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