Rule2023-20743
Air Plan Approval; Indiana; ArcelorMittal and NIPSCO Sulfur Dioxide Revisions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 28, 2023
Effective
October 30, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving, under the Clean Air Act (CAA), revisions to the sulfur dioxide (SO<INF>2</INF>) portion of the Indiana State Implementation Plan (SIP). The state of Indiana is requesting revisions to emission limits at the Northern Indiana Public Service Company Bailly Station (NIPSCO) facility reflecting permanently shut down units. Indiana is also requesting SIP revisions for two facilities formerly owned by ArcelorMittal USA LLC and currently owned by Cleveland-Cliffs LLC (the Indiana Harbor East and Indiana Harbor West facilities). The Indiana Harbor East facility is required to demonstrate continuous compliance with final SO<INF>2</INF> emission limits as a daily (24-hour) average. These revisions will result in decreases in allowable SO<INF>2</INF> emissions at all three facilities, maintaining SO<INF>2</INF> attainment/unclassifiable designations for the 2010 1-hour SO<INF>2</INF> national ambient air quality standards (NAAQS). EPA proposed to approve this action on June 26, 2023, and received no adverse comments.
Full Text
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<title>Federal Register, Volume 88 Issue 187 (Thursday, September 28, 2023)</title>
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[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Rules and Regulations]
[Pages 66687-66690]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20743]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0699; FRL-10754-02-R5]
Air Plan Approval; Indiana; ArcelorMittal and NIPSCO Sulfur
Dioxide Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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[[Page 66688]]
SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), revisions to the sulfur dioxide
(SO<INF>2</INF>) portion of the Indiana State Implementation Plan
(SIP). The state of Indiana is requesting revisions to emission limits
at the Northern Indiana Public Service Company Bailly Station (NIPSCO)
facility reflecting permanently shut down units. Indiana is also
requesting SIP revisions for two facilities formerly owned by
ArcelorMittal USA LLC and currently owned by Cleveland-Cliffs LLC (the
Indiana Harbor East and Indiana Harbor West facilities). The Indiana
Harbor East facility is required to demonstrate continuous compliance
with final SO<INF>2</INF> emission limits as a daily (24-hour) average.
These revisions will result in decreases in allowable SO<INF>2</INF>
emissions at all three facilities, maintaining SO<INF>2</INF>
attainment/unclassifiable designations for the 2010 1-hour
SO<INF>2</INF> national ambient air quality standards (NAAQS). EPA
proposed to approve this action on June 26, 2023, and received no
adverse comments.
DATES: This final rule is effective on October 30, 2023.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2020-0699. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through <a href="http://www.regulations.gov">www.regulations.gov</a> or 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 and facility
closures due to COVID-19. We recommend that you telephone Cecilia
Magos, at (312) 886-7336 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Cecilia Magos, Attainment Planning and
Maintenance Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-7336, <a href="/cdn-cgi/l/email-protection#ee838f89819dc08d8b8d8782878fae8b9e8fc0898198"><span class="__cf_email__" data-cfemail="167b77717965387573757f7a7f775673667738717960">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On June 26, 2023, EPA proposed to approve the Indiana Department of
Environmental Management (IDEM) site-specific SO<INF>2</INF> SIP
revisions to Indiana's sulfur dioxide rules contained in 326 Indiana
Administrative Code (IAC) 7-4-14(2), 326 IAC 7-4.1-10 and 326 IAC 7-
4.1-11. See 88 FR 41341. The revisions for the NIPSCO facility in
Porter County and ArcelorMittal LLC (Indiana Harbor West) in Lake
County, are administrative clean-up revisions removing limits that
apply to permanently shut down units. The revisions for ArcelorMittal
LLC (Indiana Harbor East) also located in Lake County, remove limits
that apply to permanently shut down units and include a demonstration
of continuous compliance with SO<INF>2</INF> emission limits as a daily
(24-hour) average SO<INF>2</INF> pounds per hour (lbs/hr) emission
limit. An explanation of the CAA requirements, a detailed analysis of
the revisions, and EPA's reasons for proposing approval were provided
in the notice of proposed rulemaking (88 FR 41341), and will not be
restated here.
The public comment period for this proposed rule ended on July 26,
2023. During the comment period, EPA received one supportive comment
that covered the improved environmental conditions and the potential
health benefits from reduced exposure to SO<INF>2</INF> emissions in an
area. The comment received is included in the docket for this action.
Because the comment is supportive and does not recommend a different
action on the SIP submission from what EPA proposed, we are finalizing
our action as proposed.
II. Final Action
EPA is approving revisions to Indiana's SO<INF>2</INF> rules
submitted on March 31, 2022. Specifically, EPA is approving Indiana's
SO<INF>2</INF> rules for NIPSCO (326 IAC 7-4-14(2)), ArcelorMittal USA
LLC (Indiana Harbor West) (326 IAC 7-4.1-10), and ArcelorMittal USA LLC
(Indiana Harbor East) (326 IAC 7-4.1-11), effective March 31, 2021.
This will strengthen the Indiana SO<INF>2</INF> SIP by lowering
SO<INF>2</INF> emission limits overall and update monitoring compliance
requirements to the Indiana Harbor East facility.
III. 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 section II of this preamble and set forth in
the amendments to 40 CFR part 52 below. EPA has made, and will continue
to make, these documents generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a>, and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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IV. 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:
<bullet> 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 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
[[Page 66689]]
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
IDEM did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA performed an
environmental justice analysis, as is described in the section titled,
``Environmental Justice Considerations'' in the notice of proposed
rulemaking. See 88 FR 41343. The analysis was done for the purpose of
providing additional context and information about this rulemaking to
the public, not as a basis of the action. Due to the nature of the
action being taken here, this action is expected to have a neutral to
positive impact on the air quality of the affected area. In addition,
there is no information in the record upon which this decision is based
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 November 27, 2023. 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. 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, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: September 19, 2023.
Debra Shore,
Regional Administrator, Region 5.
For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.770, amend the table in paragraph (c), under ``Article
7. Sulfur Dioxide Rules'':
0
a. Under ``Rule 4. Emission Limitations and Requirements by County'':
0
i. By revising the entry for ``7-4-14'', and
0
ii. By adding a second entry for ``7-4-14'' immediately following the
first entry.
0
b. Under ``Rule 4.1. Lake County Sulfur Dioxide Emission Limitations''
by revising the entries for ``7-4.1-10'' and ``7-4.1-11''.
The revised and added entries read as follows:
Sec. 52.770 Identification of plan.
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(c) * * *
EPA-Approved Indiana Regulations
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Indiana
Indiana citation Subject effective EPA approval date Notes
date
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Article 7. Sulfur Dioxide Rules
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Rule 4. Emission Limitations and Requirements by County
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7-4-14................ Porter County sulfur 10/23/1988 1/19/1989, 54 FR 2112... Only Sec. 14. (1).
dioxide emission
limitations.
7-4-14................ Porter County sulfur 3/31/2021 9/28/2023, [Insert Except Sec. 14. (1).
dioxide emission Federal Register
limitations. Citation].
[[Page 66690]]
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Rule 4.1. Lake County Sulfur Dioxide Emission Limitations
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7-4.1-10.............. ArcelorMittal USA LLC 3/31/2021 9/28/2023, [Insert
(Indiana Harbor West) Federal Register
sulfur dioxide emission Citation].
limitations.
7-4.1-11.............. ArcelorMittal USA LLC 3/31/2021 9/28/2023, [Insert
(Indiana Harbor East) Federal Register
sulfur dioxide emission Citation].
limitations.
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[FR Doc. 2023-20743 Filed 9-27-23; 8:45 am]
BILLING CODE 6560-50-P
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