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Approval and Promulgation of Implementation Plans; Indiana
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[Federal Register: May 3, 1995]
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.
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)].
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)