Approval of the Clean Air Act Section 112(l) Delegation of National Emission Standards for Hazardous Air Pollutants for Secondary Lead Smelting; Indiana, 48923-48926 [E6-13861]
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SUPPLEMENTARY INFORMATION:
Magalie R. Salas,
Secretary.
[FR Doc. E6–13890 Filed 8–21–06; 8:45 am]
Approval of the Clean Air Act Section
112(l) Delegation of National Emission
Standards for Hazardous Air Pollutants
for Secondary Lead Smelting; Indiana
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Dated: August 9, 2006.
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[FR Doc. E6–13865 Filed 8–21–06; 8:45 am]
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SUMMARY: This document announces
that EPA has approved a request from
the Indiana Department of
Environmental Management (IDEM) for
delegation of authority to implement
and enforce National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for Secondary Lead Smelting,
through a state rule which adjusts the
maximum achievable control
technology (MACT) standard for
secondary lead smelting. Pursuant to the
Clean Air Act (CAA) and the NESHAP
provisions, states may seek approval of
state rules which make pre-approved
adjustments to a MACT standard if the
state rule is unambiguously no less
stringent than the Federal rule. IDEM
requested approval to adjust the
NESHAP for secondary lead smelting, so
that the standard will be as stringent as
the State rule which currently applies to
secondary lead smelters in Indiana. EPA
reviewed this request and found that it
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48923
satisfies the requirements for approval
under the Federal provision which
allows for delegation of an adjusted
NESHAP; ‘‘Approval of State
requirements that adjust a section 112
rule.’’ Therefore, upon the signature of
this action, EPA delegates to IDEM the
authority to implement and enforce the
NESHAP for Secondary Lead Smelting,
through IDEM’s rule for Secondary Lead
Smelters.
ADDRESSES: The documents relevant to
this action are available for public
inspection during normal business
hours at the following address:
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 Danny
Marcus at (312) 353–8781 before visiting
the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Danny Marcus, Environmental Engineer,
Air Permits Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–8781,
marcus.danny@epa.gov.
SUPPLEMENTARY INFORMATION: This
supplementary information section is
arranged as follows:
I. What Action is EPA Taking?
II. Under What Authority is EPA Approving
this Delegation?
III. How Does 326 IAC 20–13 Meet the
Requirements of 40 CFR 63.92?
A. The Secondary Lead Smelting NESHAP.
B. How does the State program meet the
requirements of 40 CFR 63.91?
C. How does the State demonstrate that the
public has had adequate notice and
opportunity to submit written comments
on the State requirements?
D. How does the State demonstrate that the
adjustments pertain to certain preapproved matters and are unequivocally
no less stringent than the Federal rule?
1. How are the State adjustments which
lower emission rates unequivocally no
less stringent than the MACT standard?
2. How are the State adjustments which
add a design, work practice, operational
standard, emission rate or other such
requirement unequivocally no less
stringent than the MACT standard?
3. How are the State adjustments which
increase the frequency of required
reporting, testing, sampling or
monitoring unequivocally no less
stringent than the MACT standard?
IV. What is the Effect of This Delegation?
I. What Action is EPA Taking?
Pursuant to section 112(l) of the CAA
and 40 CFR 63.92, EPA has approved
IDEM’s request that EPA delegate the
authority to implement and enforce 40
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CFR part 63, subpart X, NESHAP for
secondary lead smelting, through
Indiana rule 326 IAC 20–13, which
adjusts the Federal secondary lead
smelting MACT. This approval makes
the Indiana rule, which is
unambiguously no less stringent than
the Federal MACT, Federally
enforceable in Indiana and equivalent to
the State rule that currently applies to
secondary lead smelters in Indiana. EPA
has also approved the delegation of the
applicable Category I authorities for this
MACT standard as set forth at 40 CFR
63.91(g).
II. Under What Authority is EPA
Approving this Delegation?
Pursuant to CAA section 112(l), a
state may develop and submit to EPA
for approval a program for the partial or
complete delegation of section 112
rules. EPA may approve state rules or
programs which either: (1) Implement
and enforce section 112 rules as
promulgated by EPA (‘‘straight
delegation’’); (2) implement and enforce
state rules which adjust section 112
rules; (3) implement and enforce state
rules which substitute for section 112
rules. The Federal regulations governing
EPA’s approval of state rules or
programs under section 112(l) are
located at 40 CFR part 63, subpart E.
Currently, IDEM has an EPAapproved program for the straight
delegation of MACT standards. EPA
approved IDEM’s program of delegation
for part 70 sources on November 14,
1995 (60 FR 57118). EPA approved
IDEM’s expansion of its program of
delegation to non-part 70 sources on
July 8, 1997 (62 FR 36460). Pursuant to
the approved straight delegation
program, EPA has approved the straight
delegation of numerous MACT
standards to IDEM (see 62 FR 36460 (7/
8/1997), 65 FR 17264 (3/31/2000), 69 FR
22508 (4/26/2004), and 71 FR 2225 (1/
13/2006)).
By letter dated July 3, 2003, IDEM
requested approval of delegation of
authority to implement and enforce 40
CFR part 63, subpart X, the secondary
lead smelting MACT, through a state
rule which adjusts the MACT standard.
IDEM sought to adjust the MACT
standard rather than seeking straight
delegation because IDEM’s current rule
for secondary lead smelters is more
stringent than the MACT standard.
Pursuant to CAA section 112(d)(7), a
MACT standard cannot be applied to
diminish or replace the requirements of
a more stringent emission limitation.
The criteria for EPA’s approval of
state rules which adjust section 112
rules are set forth at 40 CFR 63.92. In
general, adjustments to section 112
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MACT standards must be
unambiguously no less stringent than
the Federal rule and be limited to
certain pre-approved matters. More
specifically, Section 63.92(b)requires
that the state demonstrate the following:
(1) The state program meets the criteria
of section 63.91, which provides for the
straight delegation of section 112 rules;
(2) the public has had adequate notice
and opportunity to submit written
comment on the state requirements
which adjust the section 112 rule; (3)
the adjustment to the section 112 rule
results in requirements that are
unequivocally no less stringent than the
Federal rule with respect to: (a)
Applicability; (b) level of control for
each affected source and emission point;
(c) compliance and enforcement
measures; (d) dates of compliance.
Further, Section 63.92(b)(3) only allows
certain pre-approved adjustments,
including the following: (1) Lowering a
required emission rate; (2) adding a
design, work practice, operational
standard; (3) increasing a required
control efficiency; (4) increasing the
frequency of required reporting, testing,
sampling or monitoring.
If the above criteria are met, EPA will
approve the delegation of a MACT
standard through a state rule which
adjusts the standard. Because EPA has
previously noticed and provided
opportunity for comment on the
adjustment procedure, including the list
of allowable adjustments, no further
notice or opportunity for comment is
required. See 58 FR 62262 (November
26, 1993). The delegation is effective
upon the signature of this Federal
Register document. See 65 FR 55837
(September 14, 2000).
III. How Does 326 IAC 20–13 Meet the
Requirements of 40 CFR 63.92?
IDEM’s secondary lead smelter rule
incorporates by reference the majority of
the provisions of the Federal secondary
lead smelter NESHAP. However, IDEM’s
rule adjusts certain provisions of the
Federal secondary lead smelter
NESHAP in order to make the rule
equivalent to the state rule that
currently applies to secondary lead
smelters. As shown below, IDEM has
demonstrated that its adjustments are
limited to certain pre-approved matters
and are unequivocally no less stringent
than the Federal MACT provisions. The
adjustments meet the criteria set forth in
40 CFR 63.92(b) for state rules which
adjust a MACT standard.
A. The Secondary Lead Smelting
NESHAP
The secondary lead smelting MACT,
which IDEM seeks to adjust, was
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proposed in the Federal Register on
June 9, 1994 (59 FR 29750) and
promulgated on June 23, 1995 (60 FR
32587). EPA amended the MACT
standard after industry groups
petitioned EPA for reconsideration
pursuant to CAA section 307(d)(7)(B).
The amended standard was
promulgated as a direct final rule on
June 13, 1997 (62 FR 32209).
In general, the NESHAP for secondary
lead smelting establishes emission
limits for lead, as a surrogate for all
metallic Hazardous Air Pollutants
(HAPs), from smelting furnaces, refining
kettles, dryers, and fugitive dust sources
at secondary lead smelters. Among other
things, the rule establishes emission
limits for process emission sources,
process fugitive emission sources, and
for fugitive dust sources from any
enclosure or building ventilation
system.
B. How does the State program meet the
requirements of 40 CFR 63.91?
40 CFR 63.92(b) provides that a state
which seeks delegation of the authority
to implement and enforce a Section 112
rule through a state rule which adjusts
the Federal rule must first meet the
criteria of 40 CFR 63.91(d). 40 CFR
63.91(d) sets forth the ‘‘up-front’’
approval requirements for the ‘‘straight’’
delegation of Federal MACT standards
as promulgated. Once approved, a state
need only reference the earlier approval
of the criteria. Based on prior program
submittals and approvals for IDEM’s
Title V air permit and Section 112
delegation programs, IDEM has met the
requirements specified in 40 CFR
63.91(d).
C. How does the State demonstrate that
the public has had adequate notice and
opportunity to submit written comments
on the State requirements?
40 CFR 63.92(b)(1) requires that a
state seeking delegation under this
section demonstrate that the public has
had adequate notice and opportunity to
comment on the state requirements.
Title 13 of the Indiana Code (IC)
contains statutory requirements for the
environmental rulemaking process. IC
13–14–9 specifies requirements for
providing opportunities for public
comment during this process.
Opportunities for comment were made
available through three published
notices for comment and two public
hearings. In its request for delegation,
IDEM provided its response to
comments related to the two public
hearings held for IDEM’s secondary lead
smelting rule. Therefore, IDEM has met
the requirements of 40 CFR 63.92(b)(1).
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D. How does the State demonstrate that
the adjustments pertain to certain preapproved matters and are unequivocally
no less stringent than the Federal rule?
40 CFR 63.92(b)(2) requires that each
state adjustment to a Federal Section
112 rule be unequivocally no less
stringent than the Federal rule with
respect to: Applicability; level of control
for each affected source and emission
point; compliance and enforcement
measures; and compliance dates.
Further, 40 CFR 63.92(b)(3) identifies
those limited areas in which Federal
Section 112 rules can be adjusted. Those
limited adjustments include: lowering a
required emission rate; adding a design,
work practice, operational standard,
emission rate or other such requirement;
increasing the frequency of required
reporting, testing, sampling or
monitoring.
IDEM incorporated by reference the
provisions of 40 CFR Part 63, Subpart X,
as promulgated, except for certain
limited provisions which are allowable
adjustments under 40 CFR 63.92(b)(3).
As described below, IDEM has
demonstrated that those provisions that
were adjusted meet the criteria of
63.92(b)(2) and (3).
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1. How are the State adjustments which
lower emission rates unequivocally no
less stringent than the MACT standard?
40 CFR 63.92(b)(3)(i) provides that
state rules which lower an emission rate
may be part of an approved state rule.
Under 40 CFR Part 63, Subpart X, the
following emission limits apply to
secondary lead smelting facilities: (a)
Process sources—2.0 milligrams per dry
standard cubic meter (mg/dscm), (b)
process fugitive sources—2.0 mg/dscm,
(c) fugitive dust sources from any
enclosure or building ventilation
system—2.0 mg/dscm. See 40 CFR
63.543–63.545. Under IDEM’s secondary
lead smelting rule, the following
emission limits apply: (a) Process
sources—1.0 mg/dscm, (b) process
fugitive sources—0.5 mg/dscm, (c)
stacks venting fugitive dust sources—0.5
mg/dscm. The limits set forth in IDEM’s
secondary lead smelting rule are
unequivocally no less stringent than the
emission limits in the Federal rule.
Those provisions of IDEM’s rule that
adjust the Federal rule emission limits
include: 326 IAC 20–13–2, 326 IAC 20–
13–3, and 326 IAC 20–13–4.
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2. How are the State adjustments which
add a design, work practice, operational
standard, emission rate or other such
requirement unequivocally no less
stringent than the MACT standard?
40 CFR 63.92(b)(3)(ii) provides that
state rules which add a design, work
practice, operational standard, or
emission rate may be part of an
approved state rule. Under 40 CFR Part
63, Subpart X, baghouses and bag leak
detection systems must be installed and
operated to control process fugitive
sources. The Federal MACT does not
require the use of High Efficiency
Particulate Air (HEPA) filters, which,
with capture efficiencies of 99.97%, are
more efficient than conventional
baghouses. However, under the Federal
MACT, if a HEPA filter is used the
source is not required to use a bag leak
detection system. In contrast, IDEM’s
secondary lead smelter rule requires all
new secondary lead smelters to have
HEPA filters on process fugitive and
stacks venting fugitive dust sources.
Further, for existing sources, IDEM’s
rule requires facilities currently using
HEPA filters to continue to use them.
The design and work practice
requirements set forth in IDEM’s
secondary lead smelting rule are
unequivocally no less stringent than the
requirements in the Federal rule. Those
provisions of IDEM’s rule that adjust the
Federal rule regarding emission controls
(40 CFR 63.548(e)) are: 326 IAC 20–13–
4, 326 IAC 20–13–5, 326 IAC 20–13–7,
and 326 IAC 20–13–8.
3. How are the State adjustments which
increase the frequency of required
reporting, testing, sampling or
monitoring unequivocally no less
stringent than the MACT standard?
40 CFR 63.92(b)(3)(iv) provides that
state rules which increase the frequency
of required reporting, testing, sampling
or monitoring may be part of an
approved state rule.
For process sources, the Federal
NESHAP requires all secondary lead
smelters to perform a stack test annually
(no later than 12 calendar months
following the previous compliance test).
If the stack test demonstrates a source
emitted lead compounds at 1.0 mg/dscm
or less during the time of the stack test
(the Federal NESHAP limit is 2.0 mg/
dscm), the owner or operator of a
secondary lead smelter is allowed up to
24 calendar months from the previous
test to conduct the next stack test for
lead compounds. IDEM’s rule for
process sources also requires a stack test
every 12 months following the previous
compliance test unless the prior stack
test demonstrated lead compound
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48925
emissions under 0.5 mg/dscm, (IDEM’s
rule has an emission limit of 1.0 mg/
dscm) in which case a stack test is
required within 24 months of the
previous test.
Regarding process fugitive sources,
the Federal NESHAP requires
performance of a stack test annually
unless the prior stack test demonstrated
a concentration of lead compounds less
than 1.0 mg/dscm, in which case a stack
test is required within 24 months (the
Federal NESHAP limit is 2.0 mg/dscm).
In contrast, IDEM’s rule requires a stack
test within 24 months of the previous
stack test to demonstrate compliance
with the 0.5 mg/dscm emission limit. If
a stack test demonstrates a higher
concentration, the facility will not be in
compliance with IDEM’s limit and will
be subject to enforcement activity.
IDEM’s rule is equivalent to the Federal
NESHAP because a facility which meets
IDEM’s emission limit of 0.5 mg/dscm
would, under the NESHAP or under
IDEM’s rule, only be required to stack
test once every 24 months.
For fugitive dust sources, no stack
testing is required by the Federal
NESHAP (the Federal NESHAP limit is
2.0 mg/dscm). However, IDEM’s rule
requires a one-time stack test to
demonstrate compliance with the 0.5
mg/dscm emission limit for fugitive
dust stacks.
The testing requirements set forth in
IDEM’s secondary lead smelting rule are
unequivocally no less stringent than the
requirements in the Federal rule. Those
provisions of IDEM’s rule that adjust the
Federal rule regarding the frequency of
compliance testing are set forth at 326
IAC 20–13–6. The Federal provisions
that are adjusted are as follows: 40 CFR
63.543(h), 40 CFR 63.543(i), 40 CFR
63.544(e), 40 CFR 63.544(f), and 40 CFR
63.548(e).
IDEM’s secondary smelter rule also
contains provisions which increase the
monitoring requirements of the Federal
rule. With regard to the monitoring of
the air pressure within the total
enclosures at the facility, the Federal
rule requires a continuous monitoring
system (CMS) to demonstrate that the
inside of the enclosures are maintained
at a negative pressure relative to the
ambient air pressure. See 40 CFR
63.547(e). IDEM’s rule correspondingly
requires a CMS, but also requires that
the CMS be equipped with a continuous
recording device and an alarm. The
alarm notifies the facility whenever the
pressure difference between the inside
and outside of a total enclosure is not
within specifications. Further, where
the Federal NESHAP does not specify
what action to take when the recording
device is not within specifications,
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IDEM’s rule requires the facility to
initiate corrective action within 30
minutes of the activated alarm.
In addition, IDEM’s rule requires the
owner of a secondary lead smelter to
install and maintain an ambient air
quality monitoring network for lead.
Unless an owner of a secondary lead
smelter received approval prior to the
effective date of IDEM’s rule, an owner
must submit a proposed ambient
monitoring and quality assurance plan
within 90 days after the effective date of
IDEM’s rule. Reporting is required on a
quarterly basis, within 45 days after the
end of the quarter in which the data is
collected. The report must include
ambient air quality monitoring network
data, and if a National Ambient Air
Quality Standards (NAAQS) violation is
triggered, identification of the cause of
the violation and corrective actions
taken to address the violation are
required.
The monitoring requirements set forth
in IDEM’s secondary lead smelting rule
are unequivocally no less stringent than
the requirements in the Federal rule.
The provisions of IDEM’s rule that
pertain to monitoring are set forth at 326
IAC 20–13–7.
IV. What Is the Effect of This
Delegation?
On August 3, 2006, EPA approved
IDEM’s request to delegate the authority
to implement and enforce 40 CFR part
63, subpart X, through 326 IAC 20–13,
which adjusts the secondary lead
smelting MACT. EPA also approved the
delegation of the applicable Category I
authorities as set forth at 40 CFR
63.91(g).
All notifications, reports and other
correspondence required under 40 CFR,
part 63, subpart X, as adjusted by 326
IAC 20–13, should be sent to the State
of Indiana, rather than to the EPA,
Region 5, in Chicago. Affected sources
should send this information to: Indiana
Department of Environmental
Management, Office of Air Management,
100 North Senate Avenue, P.O. Box
6015, Indianapolis, Indiana 46206–
6015.
Pursuant to Section 112(l)(7) of the
CAA, nothing in this delegation
prohibits EPA from enforcing any
applicable emission standard or
requirement. The secondary lead
smelter MACT, 40 CFR part 63, subpart
X, as adjusted by 326 IAC 20–13 is
Federally enforceable.
Dated: August 3, 2006.
Jo-Lynn Traub,
Acting Regional Administrator, Region 5.
[FR Doc. E6–13861 Filed 8–21–06; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8212–4]
Science Advisory Board Staff Office;
Request for Nominations for the
Science Advisory Board Asbestos
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SUMMARY: The EPA Science Advisory
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turner.vivian@epa.gov. The SAB
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an assessment of potential health effects
from environmental exposure to
asbestos entitled Airborne Asbestos
Health Assessment Update (EPA 600/8–
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indicate mineral type and the particle
dimension of asbestos fibers may
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(OSWER) has developed an approach
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which accounts for different potencies
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fiber dimensions. OSWER has requested
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provide technical advice on the
proposed methodology to estimate
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The SAB is a chartered Federal
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scientific and technical advice,
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consultation, and recommendations to
the EPA Administrator on the technical
bases for EPA policies and actions. The
SAB is forming an expert panel, to
provide technical advice to EPA through
the chartered SAB regarding the
Agency’s ongoing work in updating the
risk assessment of asbestos. The SAB
Asbestos Panel will comply with the
provisions of the Federal Advisory
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appropriate SAB procedural policies.
Request for Nominations: The SAB
Staff Office is requesting nominations
for nationally and internationally
recognized non-EPA scientists with
demonstrated clinical, research and
applied scientific experience and
expertise with respect to human health
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in the following areas: Clinical and
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Process and Deadline for Submitting
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qualified in the areas of expertise
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Asbestos Expert Panel. Nominations
may be submitted in electronic format
through the Form for Nominating
Individuals to Panels of the EPA
Science Advisory Board which can be
accessed through a link on the blue
navigational bar on the SAB Web site at:
https://www.epa.gov/sab. Please follow
the instructions for submitting
nominations carefully, and include all
of the information requested on that
form. The nominating form requests
contact information of the person
making the nomination; contact
information for the nominee; the
disciplinary and specific areas of
expertise of the nominee; the nominee’s
curriculum vita; and a biographical
sketch of the nominee indicating current
position, educational background,
research activities, and recent service on
other national advisory committees or
national professional organizations.
Anyone unable to submit nominations
using the electronic form, or who may
have questions concerning the
nomination process or any other aspect
of this notice may contact Ms. Vivian
Turner, DFO, at the contact information.
Nominations should be submitted in
time to arrive no later than September
12, 2006.
The process for forming an SAB panel
is described in the Overview of the
Panel Formation Process at the
Environmental Protection Agency,
E:\FR\FM\22AUN1.SGM
22AUN1
]]>Agencies
[Federal Register Volume 71, Number 162 (Tuesday, August 22, 2006)]
[Notices]
[Pages 48923-48926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13861]
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ENVIRONMENTAL PROTECTION AGENCY
[IN167-1; FRL-8210-7]
Approval of the Clean Air Act Section 112(l) Delegation of
National Emission Standards for Hazardous Air Pollutants for Secondary
Lead Smelting; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This document announces that EPA has approved a request from
the Indiana Department of Environmental Management (IDEM) for
delegation of authority to implement and enforce National Emission
Standards for Hazardous Air Pollutants (NESHAP) for Secondary Lead
Smelting, through a state rule which adjusts the maximum achievable
control technology (MACT) standard for secondary lead smelting.
Pursuant to the Clean Air Act (CAA) and the NESHAP provisions, states
may seek approval of state rules which make pre-approved adjustments to
a MACT standard if the state rule is unambiguously no less stringent
than the Federal rule. IDEM requested approval to adjust the NESHAP for
secondary lead smelting, so that the standard will be as stringent as
the State rule which currently applies to secondary lead smelters in
Indiana. EPA reviewed this request and found that it satisfies the
requirements for approval under the Federal provision which allows for
delegation of an adjusted NESHAP; ``Approval of State requirements that
adjust a section 112 rule.'' Therefore, upon the signature of this
action, EPA delegates to IDEM the authority to implement and enforce
the NESHAP for Secondary Lead Smelting, through IDEM's rule for
Secondary Lead Smelters.
ADDRESSES: The documents relevant to this action are available for
public inspection during normal business hours at the following
address: 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 Danny
Marcus at (312) 353-8781 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Danny Marcus, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-8781, marcus.danny@epa.gov.
SUPPLEMENTARY INFORMATION: This supplementary information section is
arranged as follows:
I. What Action is EPA Taking?
II. Under What Authority is EPA Approving this Delegation?
III. How Does 326 IAC 20-13 Meet the Requirements of 40 CFR 63.92?
A. The Secondary Lead Smelting NESHAP.
B. How does the State program meet the requirements of 40 CFR
63.91?
C. How does the State demonstrate that the public has had
adequate notice and opportunity to submit written comments on the
State requirements?
D. How does the State demonstrate that the adjustments pertain
to certain pre-approved matters and are unequivocally no less
stringent than the Federal rule?
1. How are the State adjustments which lower emission rates
unequivocally no less stringent than the MACT standard?
2. How are the State adjustments which add a design, work
practice, operational standard, emission rate or other such
requirement unequivocally no less stringent than the MACT standard?
3. How are the State adjustments which increase the frequency of
required reporting, testing, sampling or monitoring unequivocally no
less stringent than the MACT standard?
IV. What is the Effect of This Delegation?
I. What Action is EPA Taking?
Pursuant to section 112(l) of the CAA and 40 CFR 63.92, EPA has
approved IDEM's request that EPA delegate the authority to implement
and enforce 40
[[Page 48924]]
CFR part 63, subpart X, NESHAP for secondary lead smelting, through
Indiana rule 326 IAC 20-13, which adjusts the Federal secondary lead
smelting MACT. This approval makes the Indiana rule, which is
unambiguously no less stringent than the Federal MACT, Federally
enforceable in Indiana and equivalent to the State rule that currently
applies to secondary lead smelters in Indiana. EPA has also approved
the delegation of the applicable Category I authorities for this MACT
standard as set forth at 40 CFR 63.91(g).
II. Under What Authority is EPA Approving this Delegation?
Pursuant to CAA section 112(l), a state may develop and submit to
EPA for approval a program for the partial or complete delegation of
section 112 rules. EPA may approve state rules or programs which
either: (1) Implement and enforce section 112 rules as promulgated by
EPA (``straight delegation''); (2) implement and enforce state rules
which adjust section 112 rules; (3) implement and enforce state rules
which substitute for section 112 rules. The Federal regulations
governing EPA's approval of state rules or programs under section
112(l) are located at 40 CFR part 63, subpart E.
Currently, IDEM has an EPA-approved program for the straight
delegation of MACT standards. EPA approved IDEM's program of delegation
for part 70 sources on November 14, 1995 (60 FR 57118). EPA approved
IDEM's expansion of its program of delegation to non-part 70 sources on
July 8, 1997 (62 FR 36460). Pursuant to the approved straight
delegation program, EPA has approved the straight delegation of
numerous MACT standards to IDEM (see 62 FR 36460 (7/8/1997), 65 FR
17264 (3/31/2000), 69 FR 22508 (4/26/2004), and 71 FR 2225 (1/13/
2006)).
By letter dated July 3, 2003, IDEM requested approval of delegation
of authority to implement and enforce 40 CFR part 63, subpart X, the
secondary lead smelting MACT, through a state rule which adjusts the
MACT standard. IDEM sought to adjust the MACT standard rather than
seeking straight delegation because IDEM's current rule for secondary
lead smelters is more stringent than the MACT standard. Pursuant to CAA
section 112(d)(7), a MACT standard cannot be applied to diminish or
replace the requirements of a more stringent emission limitation.
The criteria for EPA's approval of state rules which adjust section
112 rules are set forth at 40 CFR 63.92. In general, adjustments to
section 112 MACT standards must be unambiguously no less stringent than
the Federal rule and be limited to certain pre-approved matters. More
specifically, Section 63.92(b)requires that the state demonstrate the
following: (1) The state program meets the criteria of section 63.91,
which provides for the straight delegation of section 112 rules; (2)
the public has had adequate notice and opportunity to submit written
comment on the state requirements which adjust the section 112 rule;
(3) the adjustment to the section 112 rule results in requirements that
are unequivocally no less stringent than the Federal rule with respect
to: (a) Applicability; (b) level of control for each affected source
and emission point; (c) compliance and enforcement measures; (d) dates
of compliance. Further, Section 63.92(b)(3) only allows certain pre-
approved adjustments, including the following: (1) Lowering a required
emission rate; (2) adding a design, work practice, operational
standard; (3) increasing a required control efficiency; (4) increasing
the frequency of required reporting, testing, sampling or monitoring.
If the above criteria are met, EPA will approve the delegation of a
MACT standard through a state rule which adjusts the standard. Because
EPA has previously noticed and provided opportunity for comment on the
adjustment procedure, including the list of allowable adjustments, no
further notice or opportunity for comment is required. See 58 FR 62262
(November 26, 1993). The delegation is effective upon the signature of
this Federal Register document. See 65 FR 55837 (September 14, 2000).
III. How Does 326 IAC 20-13 Meet the Requirements of 40 CFR 63.92?
IDEM's secondary lead smelter rule incorporates by reference the
majority of the provisions of the Federal secondary lead smelter
NESHAP. However, IDEM's rule adjusts certain provisions of the Federal
secondary lead smelter NESHAP in order to make the rule equivalent to
the state rule that currently applies to secondary lead smelters. As
shown below, IDEM has demonstrated that its adjustments are limited to
certain pre-approved matters and are unequivocally no less stringent
than the Federal MACT provisions. The adjustments meet the criteria set
forth in 40 CFR 63.92(b) for state rules which adjust a MACT standard.
A. The Secondary Lead Smelting NESHAP
The secondary lead smelting MACT, which IDEM seeks to adjust, was
proposed in the Federal Register on June 9, 1994 (59 FR 29750) and
promulgated on June 23, 1995 (60 FR 32587). EPA amended the MACT
standard after industry groups petitioned EPA for reconsideration
pursuant to CAA section 307(d)(7)(B). The amended standard was
promulgated as a direct final rule on June 13, 1997 (62 FR 32209).
In general, the NESHAP for secondary lead smelting establishes
emission limits for lead, as a surrogate for all metallic Hazardous Air
Pollutants (HAPs), from smelting furnaces, refining kettles, dryers,
and fugitive dust sources at secondary lead smelters. Among other
things, the rule establishes emission limits for process emission
sources, process fugitive emission sources, and for fugitive dust
sources from any enclosure or building ventilation system.
B. How does the State program meet the requirements of 40 CFR 63.91?
40 CFR 63.92(b) provides that a state which seeks delegation of the
authority to implement and enforce a Section 112 rule through a state
rule which adjusts the Federal rule must first meet the criteria of 40
CFR 63.91(d). 40 CFR 63.91(d) sets forth the ``up-front'' approval
requirements for the ``straight'' delegation of Federal MACT standards
as promulgated. Once approved, a state need only reference the earlier
approval of the criteria. Based on prior program submittals and
approvals for IDEM's Title V air permit and Section 112 delegation
programs, IDEM has met the requirements specified in 40 CFR 63.91(d).
C. How does the State demonstrate that the public has had adequate
notice and opportunity to submit written comments on the State
requirements?
40 CFR 63.92(b)(1) requires that a state seeking delegation under
this section demonstrate that the public has had adequate notice and
opportunity to comment on the state requirements. Title 13 of the
Indiana Code (IC) contains statutory requirements for the environmental
rulemaking process. IC 13-14-9 specifies requirements for providing
opportunities for public comment during this process. Opportunities for
comment were made available through three published notices for comment
and two public hearings. In its request for delegation, IDEM provided
its response to comments related to the two public hearings held for
IDEM's secondary lead smelting rule. Therefore, IDEM has met the
requirements of 40 CFR 63.92(b)(1).
[[Page 48925]]
D. How does the State demonstrate that the adjustments pertain to
certain pre-approved matters and are unequivocally no less stringent
than the Federal rule?
40 CFR 63.92(b)(2) requires that each state adjustment to a Federal
Section 112 rule be unequivocally no less stringent than the Federal
rule with respect to: Applicability; level of control for each affected
source and emission point; compliance and enforcement measures; and
compliance dates. Further, 40 CFR 63.92(b)(3) identifies those limited
areas in which Federal Section 112 rules can be adjusted. Those limited
adjustments include: lowering a required emission rate; adding a
design, work practice, operational standard, emission rate or other
such requirement; increasing the frequency of required reporting,
testing, sampling or monitoring.
IDEM incorporated by reference the provisions of 40 CFR Part 63,
Subpart X, as promulgated, except for certain limited provisions which
are allowable adjustments under 40 CFR 63.92(b)(3). As described below,
IDEM has demonstrated that those provisions that were adjusted meet the
criteria of 63.92(b)(2) and (3).
1. How are the State adjustments which lower emission rates
unequivocally no less stringent than the MACT standard?
40 CFR 63.92(b)(3)(i) provides that state rules which lower an
emission rate may be part of an approved state rule. Under 40 CFR Part
63, Subpart X, the following emission limits apply to secondary lead
smelting facilities: (a) Process sources--2.0 milligrams per dry
standard cubic meter (mg/dscm), (b) process fugitive sources--2.0 mg/
dscm, (c) fugitive dust sources from any enclosure or building
ventilation system--2.0 mg/dscm. See 40 CFR 63.543-63.545. Under IDEM's
secondary lead smelting rule, the following emission limits apply: (a)
Process sources--1.0 mg/dscm, (b) process fugitive sources--0.5 mg/
dscm, (c) stacks venting fugitive dust sources--0.5 mg/dscm. The limits
set forth in IDEM's secondary lead smelting rule are unequivocally no
less stringent than the emission limits in the Federal rule. Those
provisions of IDEM's rule that adjust the Federal rule emission limits
include: 326 IAC 20-13-2, 326 IAC 20-13-3, and 326 IAC 20-13-4.
2. How are the State adjustments which add a design, work practice,
operational standard, emission rate or other such requirement
unequivocally no less stringent than the MACT standard?
40 CFR 63.92(b)(3)(ii) provides that state rules which add a
design, work practice, operational standard, or emission rate may be
part of an approved state rule. Under 40 CFR Part 63, Subpart X,
baghouses and bag leak detection systems must be installed and operated
to control process fugitive sources. The Federal MACT does not require
the use of High Efficiency Particulate Air (HEPA) filters, which, with
capture efficiencies of 99.97%, are more efficient than conventional
baghouses. However, under the Federal MACT, if a HEPA filter is used
the source is not required to use a bag leak detection system. In
contrast, IDEM's secondary lead smelter rule requires all new secondary
lead smelters to have HEPA filters on process fugitive and stacks
venting fugitive dust sources. Further, for existing sources, IDEM's
rule requires facilities currently using HEPA filters to continue to
use them.
The design and work practice requirements set forth in IDEM's
secondary lead smelting rule are unequivocally no less stringent than
the requirements in the Federal rule. Those provisions of IDEM's rule
that adjust the Federal rule regarding emission controls (40 CFR
63.548(e)) are: 326 IAC 20-13-4, 326 IAC 20-13-5, 326 IAC 20-13-7, and
326 IAC 20-13-8.
3. How are the State adjustments which increase the frequency of
required reporting, testing, sampling or monitoring unequivocally no
less stringent than the MACT standard?
40 CFR 63.92(b)(3)(iv) provides that state rules which increase the
frequency of required reporting, testing, sampling or monitoring may be
part of an approved state rule.
For process sources, the Federal NESHAP requires all secondary lead
smelters to perform a stack test annually (no later than 12 calendar
months following the previous compliance test). If the stack test
demonstrates a source emitted lead compounds at 1.0 mg/dscm or less
during the time of the stack test (the Federal NESHAP limit is 2.0 mg/
dscm), the owner or operator of a secondary lead smelter is allowed up
to 24 calendar months from the previous test to conduct the next stack
test for lead compounds. IDEM's rule for process sources also requires
a stack test every 12 months following the previous compliance test
unless the prior stack test demonstrated lead compound emissions under
0.5 mg/dscm, (IDEM's rule has an emission limit of 1.0 mg/dscm) in
which case a stack test is required within 24 months of the previous
test.
Regarding process fugitive sources, the Federal NESHAP requires
performance of a stack test annually unless the prior stack test
demonstrated a concentration of lead compounds less than 1.0 mg/dscm,
in which case a stack test is required within 24 months (the Federal
NESHAP limit is 2.0 mg/dscm). In contrast, IDEM's rule requires a stack
test within 24 months of the previous stack test to demonstrate
compliance with the 0.5 mg/dscm emission limit. If a stack test
demonstrates a higher concentration, the facility will not be in
compliance with IDEM's limit and will be subject to enforcement
activity. IDEM's rule is equivalent to the Federal NESHAP because a
facility which meets IDEM's emission limit of 0.5 mg/dscm would, under
the NESHAP or under IDEM's rule, only be required to stack test once
every 24 months.
For fugitive dust sources, no stack testing is required by the
Federal NESHAP (the Federal NESHAP limit is 2.0 mg/dscm). However,
IDEM's rule requires a one-time stack test to demonstrate compliance
with the 0.5 mg/dscm emission limit for fugitive dust stacks.
The testing requirements set forth in IDEM's secondary lead
smelting rule are unequivocally no less stringent than the requirements
in the Federal rule. Those provisions of IDEM's rule that adjust the
Federal rule regarding the frequency of compliance testing are set
forth at 326 IAC 20-13-6. The Federal provisions that are adjusted are
as follows: 40 CFR 63.543(h), 40 CFR 63.543(i), 40 CFR 63.544(e), 40
CFR 63.544(f), and 40 CFR 63.548(e).
IDEM's secondary smelter rule also contains provisions which
increase the monitoring requirements of the Federal rule. With regard
to the monitoring of the air pressure within the total enclosures at
the facility, the Federal rule requires a continuous monitoring system
(CMS) to demonstrate that the inside of the enclosures are maintained
at a negative pressure relative to the ambient air pressure. See 40 CFR
63.547(e). IDEM's rule correspondingly requires a CMS, but also
requires that the CMS be equipped with a continuous recording device
and an alarm. The alarm notifies the facility whenever the pressure
difference between the inside and outside of a total enclosure is not
within specifications. Further, where the Federal NESHAP does not
specify what action to take when the recording device is not within
specifications,
[[Page 48926]]
IDEM's rule requires the facility to initiate corrective action within
30 minutes of the activated alarm.
In addition, IDEM's rule requires the owner of a secondary lead
smelter to install and maintain an ambient air quality monitoring
network for lead. Unless an owner of a secondary lead smelter received
approval prior to the effective date of IDEM's rule, an owner must
submit a proposed ambient monitoring and quality assurance plan within
90 days after the effective date of IDEM's rule. Reporting is required
on a quarterly basis, within 45 days after the end of the quarter in
which the data is collected. The report must include ambient air
quality monitoring network data, and if a National Ambient Air Quality
Standards (NAAQS) violation is triggered, identification of the cause
of the violation and corrective actions taken to address the violation
are required.
The monitoring requirements set forth in IDEM's secondary lead
smelting rule are unequivocally no less stringent than the requirements
in the Federal rule. The provisions of IDEM's rule that pertain to
monitoring are set forth at 326 IAC 20-13-7.
IV. What Is the Effect of This Delegation?
On August 3, 2006, EPA approved IDEM's request to delegate the
authority to implement and enforce 40 CFR part 63, subpart X, through
326 IAC 20-13, which adjusts the secondary lead smelting MACT. EPA also
approved the delegation of the applicable Category I authorities as set
forth at 40 CFR 63.91(g).
All notifications, reports and other correspondence required under
40 CFR, part 63, subpart X, as adjusted by 326 IAC 20-13, should be
sent to the State of Indiana, rather than to the EPA, Region 5, in
Chicago. Affected sources should send this information to: Indiana
Department of Environmental Management, Office of Air Management, 100
North Senate Avenue, P.O. Box 6015, Indianapolis, Indiana 46206-6015.
Pursuant to Section 112(l)(7) of the CAA, nothing in this
delegation prohibits EPA from enforcing any applicable emission
standard or requirement. The secondary lead smelter MACT, 40 CFR part
63, subpart X, as adjusted by 326 IAC 20-13 is Federally enforceable.
Dated: August 3, 2006.
Jo-Lynn Traub,
Acting Regional Administrator, Region 5.
[FR Doc. E6-13861 Filed 8-21-06; 8:45 am]
BILLING CODE 6560-50-P
