[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Rules and Regulations]
[Pages 42393-42396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17474]



40 CFR Part 52

[EPA-R05-OAR-2013-0193; FRL-9930-41-Region 5]

Approval of Air Quality Implementation Plans; Indiana; Lead Rule 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request submitted on March 14, 2013, and supplemented on November 17, 
2014, by the Indiana Department of Environmental Management (IDEM) to 
revise the state implementation plan (SIP) for lead. The submittal 
updates Indiana's lead rule at Title 326 of the Indiana Administrative 
Code (IAC), Article 15. It also amends 326 IAC Article 20, to 
incorporate some of the provisions of EPA's National Emission Standard 
for Hazardous Air Pollutants (NESHAP) for secondary lead smelters. IDEM 
made the revisions to increase the stringency and clarity of Indiana's 
lead SIP rules.

DATES: This direct final rule will be effective September 15, 2015, 
unless EPA receives adverse comments by August 17, 2015. 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-2013-0193, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
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 
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2013-0193. 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 email. 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 email comment 
directly to EPA without going through www.regulations.gov your email 
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 Federal holidays. 
We recommend that you telephone Charles Hatten, Environmental Engineer, 
(312) 886-6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [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: Lead SIP and NESHAP Rules
II. Discussion of State Submittal
III. What action is EPA taking?
IV. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background: Lead SIP and NESHAP

    Indiana's SIP rules for lead are contained in two separate parts of 
the State's regulations. The first is Article 15, which EPA approved on 
August 17, 1989 (See 54 FR 33894). This provision addresses lead-
bearing emissions from processes and fugitive dust from several 
facilities in Indiana.
    The second regulatory provision is 326 IAC 20-13, which EPA 
approved on January 15, 2008 (77 FR 2248). This section contains a 
partial incorporation by reference of EPA's June 13, 1997, NESHAP for 
secondary lead smelting at 40 CFR part 63, subpart X (62 FR 32209). 
This includes: 1) 326 IAC 20-13-1(c) [incorporation by reference of 40 
CFR part 63, subpart X, NESHAP (June 13, 1997; 62 FR 32209), with 
exceptions]; 2) 326 IAC 20-13-2(a) [source-specific lead emission 

[[Page 42394]]

and filter requirements for secondary lead smelter, Quemetco 
Incorporated (Quemetco)]; and 3) 326 IAC 20-13-6 [compliance testing 
    On January 5, 2012 (77 FR 556), EPA published amendments to the 
NESHAP for secondary lead smelting. The final rule revised the 
standards for secondary lead smelters based on the residual risk and 
technology reviews required under section 112(f) of the Clean Air Act 
(CAA), 42 U.S.C. 7412(f). In addition to revising the emission limits 
for lead compounds, the amendments to the NESHAP included: Revisions to 
standards for fugitive emissions; addition of total hydrocarbon, 
dioxin, and furans emission limits for reverberatory and electric arc 
furnaces; modification and addition of testing and monitoring, 
recordkeeping and reporting requirements.
    On March 14, 2013, and supplemented on November 17, 2014, IDEM 
submitted a request to revise the SIP to update its lead rule at 326 
IAC 15. IDEM published several newspaper notices informing the public 
of the revisions to 326 IAC 15 and 326 IAC 20. A public hearing on 
these revisions was held on November 7, 2012. There were no comments 

    \1\ It should be noted that IDEM's March 14, 2013 submission 
contained a Final Attainment Demonstration and technical Support 
Document for the Muncie, Delaware County, Indiana Lead Nonattainment 
Area. Indiana withdrew that portion of the submission on November 
17, 2014.

II. Discussion of State Submittal

    Below is a discussion of Indiana's rules, including an 
identification of any significant changes from the previously approved 
SIP lead rules.

Rule 326 IAC 15, Lead

    IDEM made several administrative revisions to Article 15 to clarify 
the language in the rule. In section 2 of this rule, IDEM removed 
obsolete rule language for sources no longer in operation.
    In section 3 of this rule, ``Control of fugitive lead dust,'' IDEM 
made minor revisions by removing unnecessary language. For instance, 
the language in this section of the rule instructs sources listed 
section 2 to submit their fugitive dust control program to ``the 
department of environmental management, office of air management.'' 
IDEM deleted the words ``of environmental management, office of air 
management'' in the revised rule language to simply direct the sources 
to submit its fugitive dust control programs to ``the department.''
    In section 4 of this rule, ``Compliance,'' IDEM made a revision to 
correct the citation for the appropriate source sampling procedures. 
Previously, the SIP the source sampling procedures were in 326 IAC 3-2. 
IDEM has relocated these to 326 IAC 3-6.
    EPA finds these administrative changes approvable in Indiana's SIP.

Rule 326 IAC 20, Secondary Lead Smelting

    Consistent with amendments to the NESHAP, Indiana added 326 IAC 20-
13.1, which incorporates portions of this rule. More specifically, it 
contains 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, which are covered by other portions of 326 IAC 20-13. 
When IDEM adopted rule 326 IAC 20-13.1, it did not include any 
exclusions to the rule that would exempt secondary lead smelters from 
complying with any operating and testing requirements consistent with 
the NESHAP. Thus, the secondary lead smelter rule at 326 IAC 20-13.1 
provides clarity to the applicability, operating, and testing 
requirements for secondary lead smelters.
    Second, the revisions to the NESHAP revised the lead emission 
limits that apply to process and process fugitive, and stacks venting 
fugitive dust emissions. The lead emission limit from process and 
process fugitive sources was revised from 2.0 milligrams of lead/dry 
standard cubic meter (mg/dscm) to 1.0 mg/dscm. The lead emission limit 
for stacks venting fugitive dust emissions was revised from 2.0 mg/dscm 
to 0.5 mg/dscm.
    In the current SIP, EPA approved source-specific lead emission 
limits that apply to the secondary lead smelting facility owned and 
operated by Quemetco. Quemetco is located in Indianapolis, Indiana. For 
Quemetco, the lead emission limits that apply to a specific process and 
process fugitive dust, and stacks venting fugitive dust emissions are 
already as stringent as the NESHAP. IDEM has relocated these limits to 
326 IAC 20-13.1-4.
    In addition to lead emission limits for Quemetco, IDEM included 
source-specific lead emission limits for the Muncie (Delaware County), 
Indiana secondary lead smelting facility owned and operated by Exide 
Technologies (Exide) at 326 IAC 20-13.1-3. The rule contains lead 
emission limits for specific processes and process fugitive dust lead 
emissions at Exide. These emission limits are at levels as stringent as 
    When revising the NESHAP for secondary lead smelting, EPA 
established a facility-wide, flow weighted average, lead emissions 
limit from stacks of 0.20 mg/dscm. IDEM incorporated this emission 
limit into 326 IAC 20-13.1-5.
    Indiana has requested that EPA approve all portions of 326 IAC 20-
13.1 into the SIP, with the following exceptions:
    (A.) All provisions related to dioxins, furans, total hydrocarbons, 
in the following provisions:
    (1) 326 IAC 20-13.1-5(d); (2) 326 IAC 20-13.1-5(f); (3) 326 IAC 20-
13.1-5(g); (4) 326 IAC 20-13.1-5(i); (5) 326 IAC 20-13.1-5(j); (6) 326 
IAC 20-13.1-10(e); (7) 326 IAC 20-13.1-11(d); (8) 326 IAC 20-13.1-
11(e); (9) 326 IAC 20-13.1-12(b); (10) 326 IAC 20-13.1-12(c); (11) 326 
IAC 20-13.1-12(d); (12) 326 IAC 20-13.1-12(e); (13) 326 IAC 20-13.1-
14(e)(2); and (14) 326 IAC 20-13.1-14(e)(3), related to total 
    (B.) certain ``General Provisions'' and notification provisions 
under the Federal NESHAP, identified in 326 IAC 20-13.1-1(d); 326 IAC 

    \2\ These provisions remain federally enforceable by EPA.

    (C.) 326 IAC 20-13.1-15, concerning the affirmative defense to 
civil penalties for an exceedance of the emissions limit during 

    \3\ EPA has issued a finding that certain SIP revisions relating 
to startup, shutdown and malfunction (SSM) in 36 states are 
substantially inadequate to meet the Act's requirements. Included in 
this ``SIP call'' are ``affirmative defense'' provisions for SSM 
events. 80 FR 33480 (June 12, 2015).

    IDEM decided that the changes to 326 IAC Article 20 required the 
removal of any duplicate or conflicting emission limits or other 
requirements that presently exist in 326 IAC 20-13 in the transition to 
the new requirements in 326 IAC 20-13.1, and thus, repealed 326 IAC 20-
    EPA finds the lead emission limits for secondary lead smelters in 
326 IAC 20-13.1 are more stringent than and will thus strengthen 
Indiana's current lead SIP. As such, they are approvable.

III. What action is EPA taking?

    EPA is approving Indiana's March 14, 2013, SIP revision request, as 
supplemented on November 17, 2014, which addresses lead sources in the 
state. The submission consists of updates and clarifications to 
Indiana's lead SIP rule at 326 IAC Article 15. It also amends 326 IAC 
Article 20, to incorporate some of the provisions of EPA's NESHAP for 
secondary lead smelters at 326 IAC 20-13.1. EPA will take no action on 
the provision of this rule related to (1) dioxins, furans, and total 
hydrocarbons, (2) identified

[[Page 42395]]

NESHAP requirements, and (3) the affirmative defense to civil penalties 
for an exceedance of the emissions limit during malfunctions. It should 
be noted that this action in no way affects the continued 
enforceability of the 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. This rule will be effective September 15, 
2015 without further notice unless we receive relevant adverse written 
comments by August 17, 2015. 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. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment. If we do not receive any comments, this action will be 
effective September 15, 2015.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Indiana 
regulations described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 action 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. 
    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 September 15, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Emissions 
reporting, Incorporation by reference, Lead, Reporting and 
recordkeeping requirements.

    Dated: July 2, 2015.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:


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

    Authority: 42 U.S.C. 7401 et seq.

2. Section 52.770, the table in paragraph (c) is amended by:
a. Revising the entries under ``Article 15. Lead Rules''.
b. Revising the entries under ``Article 20. Hazardous Air Pollutants''.
    The revisions read as follows:

Sec.  52.770  Identification of plan.

* * * * *

[[Page 42396]]

    (c) * * *

                                        EPA-Approved Indiana Regulations
      Indiana citation               Subject          effective      EPA Approval date             Notes
                                                  * * * * * * *
                                             Article 15. Lead Rules
                                        Rule 1. Lead Emission Limitations
15-1-2.....................  Source-specific            3/1/2013  7/17/2015, [insert
                              provisions.                          Federal Register
15-1-3.....................  Control of fugitive        3/1/2013  7/17/2015, [insert
                              lead dust.                           Federal Register
15-1-4.....................  Compliance............     3/1/2013  7/17/2015, [insert
                                                                   Federal Register
                                                  * * * * * * *
                                      Article 20. Hazardous Air Pollutants
                                  Rule 10 Bulk Gasoline Distribution Facilities
20-10-1....................  Applicability;           11/14/1999  5/31/2002, 67 FR 38006
                              incorporation by
                              reference of federal
                                      Rule 20-13.1 Secondary Lead Smelters
20-13.1-1..................  Applicability.........     3/1/2013  7/17/2015, [insert      Sections (a)-(c), (e),
                                                                   Federal Register        and (f)
20-13.1-2..................  Definitions...........     3/1/2013  7/17/2015, [insert      ......................
                                                                   Federal Register
20-13.1-3..................  Emission limitations;      3/1/2013  7/17/2015, [insert      ......................
                              lead standards for                   Federal Register
                              Exide Technologies,                  citation].
20-13.1-4..................  Emission limitations;      3/1/2013  7/17/2015, [insert      ......................
                              lead standards for                   Federal Register
                              Quemetco,                            citation].
20-13.1-5..................  Emission limitations       3/1/2013  7/17/2015, [insert      Sections (a)-(c), (e),
                              and operating                        Federal Register        and (h)
                              provisions.                          citation].
20-13.1-6..................  Total enclosure            3/1/2013  7/17/2015, [insert      ......................
                              requirements.                        Federal Register
20-13.1-7..................  Total enclosure            3/1/2013  7/17/2015, [insert      ......................
                              monitoring                           Federal Register
                              requirements.                        citation].
20-13.1-8..................  Fugitive dust source       3/1/2013  7/17/2015, [insert      ......................
                              requirements.                        Federal Register
20-13.1-9..................  Bag leak detection         3/1/2013  7/17/2015, [insert      ......................
                              system requirements.                 Federal Register
20-13.1-10.................  Other requirements....     3/1/2013  7/17/2015, [insert      Sections (a)-(d), (f)
                                                                   Federal Register        and (g)
20-13.1-11.................  Compliance testing....     3/1/2013  7/17/2015, [insert      Sections (a)-(c), and
                                                                   Federal Register        (f)
20-13.1-12.................  Compliance testing         3/1/2013  7/17/2015, [insert      Section (a)
                              methods.                             Federal Register
20-13.1-13.................  Notification               3/1/2013  7/17/2015, [insert      Sections (b)-(d)
                              requirements.                        Federal Register
20-13.1-14.................  Record keeping and         3/1/2013  7/17/2015, [insert      Sections (a)-(d),
                              reporting                            Federal Register        (e)(1), and (e)(4)-
                              requirements.                        citation].              (e)(14)
                                                  * * * * * * *

* * * * *
[FR Doc. 2015-17474 Filed 7-16-15; 8:45 am]