Air Plan Approval; Indiana; ArcelorMittal Burns Harbor, 69198-69200 [2021-26467]

Download as PDF 69198 Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules Eastern Daylight Time in the United States, as appropriate. Andrew Hirshfeld, Commissioner for Patents, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2021–26502 Filed 12–6–21; 8:45 am] BILLING CODE 3510–16–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2020–0699; FRL–9318–01– R5] Air Plan Approval; Indiana; ArcelorMittal Burns Harbor Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Indiana sulfur dioxide (SO2) State Implementation Plan (SIP) for the steel mill in Burns Harbor, Porter County, Indiana, formerly owned by ArcelorMittal Burns Harbor LLC and currently owned by Cleveland-Cliffs Burns Harbor LLC (the Burns Harbor plant). Final approval of these revisions would satisfy a provision in a Federal Settlement Agreement. EPA approval would also strengthen the Indiana SO2 SIP by lowering SO2 emission limits and adding SO2 compliance test procedures for the Burns Harbor plant. EPA is proposing to approve this SIP revision request. DATES: Comments must be received on or before January 6, 2022. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2020–0699 at https:// www.regulations.gov, or via email to Blakley.pamela@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353–5954, Portanova.mary@epa.gov. The EPA Region 5 office 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. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. I. Background On December 10, 2009, the Indiana Department of Environmental Management (IDEM) submitted a sitespecific SO2 SIP revision request to EPA for the Burns Harbor plant. The revised State rule removed the SO2 emission limit applicable to the blast furnace flare from SIP rule 326 Indiana Administrative Code (IAC) 7–4–14. EPA proposed to disapprove this requested revision on March 20, 2013 (78 FR 17157) and finalized its disapproval on December 27, 2013 (78 FR 78720). The basis for this action was that IDEM had not provided an adequate demonstration that removing the flare limit would enable continued protection of the SO2 National Ambient Air Quality Standard (NAAQS or standard), as required by section 110(l) of the Clean Air Act (CAA). On February 25, 2014, ArcelorMittal Burns Harbor LLC filed a petition for review challenging EPA’s action in the United States Court of Appeals for the Seventh Circuit. ArcelorMittal Burns Harbor LLC v. EPA, No. 1412. The Court of Appeals subsequently granted the State of Indiana’s request to intervene as a Petitioner. On May 28, 2019, the parties entered a Settlement Agreement under which the State is required to adopt revised emission limits and other associated requirements into 326 IAC 7–4–14, as further discussed below. The parties entered into an Amended Settlement Agreement on March 23, 2021. On March 31, 2021, IDEM submitted revisions to 326 IAC 7–4–14 to EPA as proposed SIP revisions. II. What is contained in IDEM’s SIP revision request? The revised rule 326 IAC 7–4–14(1) increases the blast furnace gas flare limit from 0.07 pounds SO2 per million British thermal units (lb/mmBtu) to 0.50 lb/mmBtu. The revision adds a blast furnace gas testing protocol in 326 IAC 7–4–14(1)(G), which includes a requirement to perform quarterly gas testing of blast furnace gas from blast furnaces C and D, and a requirement to use the test results to calculate the emission rate in lb/mmBtu associated with combusting the blast furnace gas. Additional revisions in 326 IAC 7–4– 14(1) remove the limits and listing for the slab mill soaking pits and the 160inch plate mill I & O furnace No. 8. The rule clarifies that those units have been permanently shut down (326 IAC 7–4– 14 (1)(F)). The limits in pounds of SO2 per hour (lb/hr) for the 110-inch plate mill furnaces No. 1 and 2 and the 160inch plate mill I & O furnaces No. 4, 5, 6, and 7 have been reduced by 90 percent. The total lb/hr limit for the power station boilers No. 8, 9, 10, 11, and 12 has been reduced from 2,798 lb/ hr to 2,378 lb/hr. The rule revision also removes a separate set of alternative emission limits for the Burns Harbor plant’s SO2 emission units. The remaining emission limits in the rule are unchanged. Table 1 shows the emission limit changes. TABLE 1—EMISSION LIMIT CHANGES AND CLOSURES AT THE BURNS HARBOR PLANT Unit name Former fuel Former limit Revised fuel Blast Furnace Gas Flare ................................ Slab Mill Soaking Pits: 9 of 32 horizontally discharged. Blast furnace gas ....... Coke oven gas ........... 0.07 lb/mmBtu ............ 482 lb/hr ..................... Blast furnace gas ....... Closed ........................ VerDate Sep<11>2014 16:37 Dec 06, 2021 Jkt 256001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1 Revised limit 0.50 lb/mmBtu. 0.0 lb/hr. 69199 Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules TABLE 1—EMISSION LIMIT CHANGES AND CLOSURES AT THE BURNS HARBOR PLANT—Continued Unit name Former fuel Former limit Revised fuel Slab Mill Soaking Pits: 23 of 32 horizontally discharged. Slab Mill Soaking Pits Set of 4 vertically discharged. 160 inch Plate Mill Continuous Reheat Furnace No. 1 and Boiler No. 1. 110 inch Plate Mill Furnaces No. 1 and 2 ..... Blast furnace gas or natural gas. Blast furnace or natural gas. .................................... 24 lb/hr ....................... Closed ........................ 0.0 lb/hr. 4 lb/hr ......................... Closed ........................ 0.0 lb/hr. .................................... 160 inch Plate Mill I and O Furnaces No. 4 and 5. 160 inch Plate Mill I and O Furnaces No. 6 and 7. 160 inch Plate Mill I and O Furnace No. 8 .... .................................... 29.9 lb/hr; mmBtu. 44.1 lb/hr; mmBtu. 27.4 lb/hr; mmBtu. 27.4 lb/hr; mmBtu. 0.0 lb/hr. Power Station Boilers No. 8, 9, 10, 11, and 12. .................................... 299 lb/hr; 1.96 lb/ mmBtu. 441 lb/hr; 1.96 lb/ mmBtu. 274 lb/hr; 1.96 lb/ mmBtu. 274 lb/hr; 1.96 lb/ mmBtu. 176 lb/hr; 1.96 lb/ mmBtu. 2,798 lb/hr; 1.45 lb/ mmBtu. lotter on DSK11XQN23PROD with PROPOSALS1 III. CAA Section 110(l) Section 110(l) of the CAA provides that State submissions cannot be approved as SIP revisions if they interfere with applicable requirements concerning attainment and reasonable further progress. The Burns Harbor plant is located in Porter County, which is designated attainment/unclassifiable for the 2010 1-hour SO2 standard (86 FR 16055, March 26, 2021). EPA is proposing to find that the overall reductions in allowable SO2 emissions in IDEM’s March 31, 2021 revised rule offset the effect of increasing the limit on the blast furnace gas flare. The rule revisions, which reflect the units that have new, lower emission limits and the closed units that no longer emit SO2, result in a reduction in total allowable SO2 emissions of 2,265.6 lb/hr. The increased allowable flare emissions are estimated at 8.89 lb/hr. The net result is an overall allowable SO2 emissions decrease of 2,256.7 lb/hr. The flare limit has been increased to allow the Burns Harbor plant operational flexibility, as the flare is a necessary safety device. In addition, the improved compliance and testing protocol will greatly improve the accuracy of the actual SO2 emissions calculations for blast furnace gas combustion. This is because having more accurate SO2 emissions information should help the Burns Harbor plant personnel properly evaluate and demonstrate its blast furnace flare compliance status. EPA believes that the March 31, 2021 revised rule 326 IAC 7–4–14(1) will not adversely affect Porter County’s maintenance of the 2010 1-hour SO2 standard. EPA proposes to find that IDEM’s March 31, 2021 submittal is consistent with CAA section 110(l). VerDate Sep<11>2014 16:37 Dec 06, 2021 Jkt 256001 .................................... .................................... .................................... IV. What action is EPA taking? EPA is proposing to approve the March 31, 2021 SIP revision request for Indiana’s SO2 rule 326 IAC 7–4–14(1) for the Burns Harbor plant. If approved, this revision would satisfy a provision in a Federal Settlement Agreement. It would also strengthen the Indiana SO2 SIP by lowering SO2 emission limits and adding improved SO2 compliance test procedures for the Burns Harbor plant. V. Incorporation by Reference In this rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference Indiana rule 326 IAC 7–4–14(1), effective March 20, 2021. EPA has made, and will continue to make, these documents generally available through www.regulations.gov 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). VI. 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 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 .................................... .................................... .................................... Closed ........................ .................................... Revised limit 1.96 lb/ 1.96 lb/ 1.96 lb/ 1.96 lb/ 2,378 lb/hr; 1.45 lb/ mmBtu. Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • 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 E:\FR\FM\07DEP1.SGM 07DEP1 69200 Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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: November 30, 2021. Debra Shore, Regional Administrator, Region 5. [FR Doc. 2021–26467 Filed 12–6–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2021–0751: FRL–9211–01– R10] Table of Contents Air Plan Approval; Washington; Yakima Regional Clean Air Agency, General Air Quality Regulations Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Washington State Implementation Plan (SIP) that were submitted by the Department of Ecology (Ecology) in coordination with the Yakima Regional Clean Air Agency (YRCAA). In 2014, 2015, 2016, and 2020, the EPA approved revisions to the General Regulations for Air Pollution Sources promulgated by Ecology in the Washington Administrative Code (WAC). In this action, the EPA proposes to update the SIP for YRCAA’s jurisdiction to reflect these changes to the WAC. We also propose to update certain YRCAA regulations currently in the SIP, remove obsolete regulations, and approve a small set of YRCAA regulations to replace or supplement the corresponding WAC regulations for sources in YRCAA’s jurisdiction. DATES: Comments must be received on or before January 6, 2022. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– OAR–2021–0751 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:37 Dec 06, 2021 Jkt 256001 Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth Avenue—Suite 155, Seattle, WA 98101, at (206) 553–0256, or hunt.jeff@epa.gov. I. Background for Proposed Action II. Proposed Revisions, YRCAA Regulation 1 A. Sections 1.01 Name of Agency, 1.02 Short Title, and 1.03 Policy B. Appendix A Definitions of Words and Phrases [Formerly Section 1.03 Definitions] C. Section 1.04 Applicability D. Sections 1.05 Roles and Responsibilities and 2.01 Authority and Investigation E. Section 1.06 Records F. Section 1.07 General Provisions G. Section 2.02 Authority To Collect Fees H. Section 2.03 Applicable State and Federal Regulations I. Section 2.04 Public Participation in Permitting J. Section 2.05 Appeals K. Sections 3.01 General Rules and 3.08 Specific Dust Controls L. Section 4.01 Registration Program M. Section 4.03 Voluntary Limits on Emissions N. Sections 5.01 General Information, 5.02 Additional or Alternative Enforcement Actions, and 5.03 Penalties III. Applicability of Chapter 173–400 WAC IV. The EPA’s Proposed Action A. Regulations To Approve and Incorporate by Reference Into the SIP B. Approved But Not Incorporated by Reference Regulations C. Regulations To Remove From the SIP D. Scope of Proposed Action V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background for Proposed Action On January 27, 2014, Ecology submitted revisions to update the General Regulations for Air Pollution Sources contained in Chapter 173–400 WAC. The EPA approved these updates in three phases on October 3, 2014 (79 FR 59653), November 7, 2014 (79 FR PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 66291), and April 29, 2015 (80 FR 23721).1 Under the revised applicability provisions of WAC 173–400–020 approved into the SIP on October 3, 2014, the regulations contained in Chapter 173–400 WAC apply statewide, ‘‘. . . except for specific subsections where a local authority has adopted and implemented corresponding local rules that apply only to sources subject to local jurisdiction as provided under Revised Code of Washington (RCW) 70.94.141 and 70.94.331.’’ 2 Therefore, the EPA’s approval of Ecology’s January 2014 submittal applied only to geographic areas and source categories under Ecology’s direct jurisdiction. We stated that we would address the revised Chapter 173–400 WAC regulations as they apply to local clean air agency jurisdictions on a case-bycase basis in separate, future actions. Subsequent local clean air agency actions related to Chapter 173–400 WAC include our approval of the Benton Clean Air Agency (80 FR 71695, November 17, 2015), Southwest Clean Air Agency (82 FR 17136, April 10, 2017), Puget Sound Clean Air Agency (85 FR 22355, April 22, 2020), Northwest Clean Air Agency (85 FR 36154, June 15, 2020), and Spokane Regional Clean Air Agency (86 FR 24718, May 10, 2021). On October 14, 2021, the Director of Ecology, as the Governor’s designee for SIP revisions, submitted a request to update the air quality regulations in the SIP as they apply to YRCAA’s jurisdiction in 40 CFR 52.2470(c), Table 10—Additional Regulations Approved for the Yakima Regional Clean Air Agency (YRCAA) Jurisdiction. YRCAA’s jurisdiction consists of Yakima County, excluding Indian reservation land or any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. YRCAA also does not have jurisdiction over certain facilities discussed in section IV.D. Scope of Proposed Action of this document. We note that YRCAA regulatory revisions related to outdoor burning, agricultural burning, and wood heaters are outside the scope of this current action and addressed separately. 1 In subsequent actions on October 6, 2016 (81 FR 69385) and February 24, 2020 (85 FR 10302) we approved revisions to the WAC that incorporated by reference the most recent changes to the Federal regulations and other minor changes. 2 These statutory provisions were subsequently re-codified to RCW 70A.15.2040 and 70A.15.3000, with no substantive revisions to the statutory text. For a more detailed discussion of applicability see page 39352 of the EPA’s proposed approval of WAC 173–400–020 (79 FR 39351, July 10, 2014). E:\FR\FM\07DEP1.SGM 07DEP1

Agencies

[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Proposed Rules]
[Pages 69198-69200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26467]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0699; FRL-9318-01-R5]


Air Plan Approval; Indiana; ArcelorMittal Burns Harbor

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Indiana sulfur dioxide (SO2) State 
Implementation Plan (SIP) for the steel mill in Burns Harbor, Porter 
County, Indiana, formerly owned by ArcelorMittal Burns Harbor LLC and 
currently owned by Cleveland-Cliffs Burns Harbor LLC (the Burns Harbor 
plant). Final approval of these revisions would satisfy a provision in 
a Federal Settlement Agreement. EPA approval would also strengthen the 
Indiana SO2 SIP by lowering SO2 emission limits 
and adding SO2 compliance test procedures for the Burns 
Harbor plant. EPA is proposing to approve this SIP revision request.

DATES: Comments must be received on or before January 6, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0699 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mary Portanova, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-5954, [email protected]. The 
EPA Region 5 office 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.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background

    On December 10, 2009, the Indiana Department of Environmental 
Management (IDEM) submitted a site-specific SO2 SIP revision 
request to EPA for the Burns Harbor plant. The revised State rule 
removed the SO2 emission limit applicable to the blast 
furnace flare from SIP rule 326 Indiana Administrative Code (IAC) 7-4-
14. EPA proposed to disapprove this requested revision on March 20, 
2013 (78 FR 17157) and finalized its disapproval on December 27, 2013 
(78 FR 78720). The basis for this action was that IDEM had not provided 
an adequate demonstration that removing the flare limit would enable 
continued protection of the SO2 National Ambient Air Quality 
Standard (NAAQS or standard), as required by section 110(l) of the 
Clean Air Act (CAA).
    On February 25, 2014, ArcelorMittal Burns Harbor LLC filed a 
petition for review challenging EPA's action in the United States Court 
of Appeals for the Seventh Circuit. ArcelorMittal Burns Harbor LLC v. 
EPA, No. 1412. The Court of Appeals subsequently granted the State of 
Indiana's request to intervene as a Petitioner.
    On May 28, 2019, the parties entered a Settlement Agreement under 
which the State is required to adopt revised emission limits and other 
associated requirements into 326 IAC 7-4-14, as further discussed 
below. The parties entered into an Amended Settlement Agreement on 
March 23, 2021. On March 31, 2021, IDEM submitted revisions to 326 IAC 
7-4-14 to EPA as proposed SIP revisions.

II. What is contained in IDEM's SIP revision request?

    The revised rule 326 IAC 7-4-14(1) increases the blast furnace gas 
flare limit from 0.07 pounds SO2 per million British thermal 
units (lb/mmBtu) to 0.50 lb/mmBtu. The revision adds a blast furnace 
gas testing protocol in 326 IAC 7-4-14(1)(G), which includes a 
requirement to perform quarterly gas testing of blast furnace gas from 
blast furnaces C and D, and a requirement to use the test results to 
calculate the emission rate in lb/mmBtu associated with combusting the 
blast furnace gas.
    Additional revisions in 326 IAC 7-4-14(1) remove the limits and 
listing for the slab mill soaking pits and the 160-inch plate mill I & 
O furnace No. 8. The rule clarifies that those units have been 
permanently shut down (326 IAC 7-4-14 (1)(F)). The limits in pounds of 
SO2 per hour (lb/hr) for the 110-inch plate mill furnaces 
No. 1 and 2 and the 160-inch plate mill I & O furnaces No. 4, 5, 6, and 
7 have been reduced by 90 percent. The total lb/hr limit for the power 
station boilers No. 8, 9, 10, 11, and 12 has been reduced from 2,798 
lb/hr to 2,378 lb/hr. The rule revision also removes a separate set of 
alternative emission limits for the Burns Harbor plant's SO2 
emission units. The remaining emission limits in the rule are 
unchanged. Table 1 shows the emission limit changes.

                     Table 1--Emission Limit Changes and Closures at the Burns Harbor Plant
----------------------------------------------------------------------------------------------------------------
            Unit name                 Former fuel        Former limit        Revised fuel        Revised limit
----------------------------------------------------------------------------------------------------------------
Blast Furnace Gas Flare.........  Blast furnace gas.  0.07 lb/mmBtu.....  Blast furnace gas.  0.50 lb/mmBtu.
Slab Mill Soaking Pits: 9 of 32   Coke oven gas.....  482 lb/hr.........  Closed............  0.0 lb/hr.
 horizontally discharged.

[[Page 69199]]

 
Slab Mill Soaking Pits: 23 of 32  Blast furnace gas   24 lb/hr..........  Closed............  0.0 lb/hr.
 horizontally discharged.          or natural gas.
Slab Mill Soaking Pits Set of 4   Blast furnace or    4 lb/hr...........  Closed............  0.0 lb/hr.
 vertically discharged.            natural gas.
160 inch Plate Mill Continuous    ..................  299 lb/hr; 1.96 lb/ ..................  29.9 lb/hr; 1.96
 Reheat Furnace No. 1 and Boiler                       mmBtu.                                  lb/mmBtu.
 No. 1.
110 inch Plate Mill Furnaces No.  ..................  441 lb/hr; 1.96 lb/ ..................  44.1 lb/hr; 1.96
 1 and 2.                                              mmBtu.                                  lb/mmBtu.
160 inch Plate Mill I and O       ..................  274 lb/hr; 1.96 lb/ ..................  27.4 lb/hr; 1.96
 Furnaces No. 4 and 5.                                 mmBtu.                                  lb/mmBtu.
160 inch Plate Mill I and O       ..................  274 lb/hr; 1.96 lb/ ..................  27.4 lb/hr; 1.96
 Furnaces No. 6 and 7.                                 mmBtu.                                  lb/mmBtu.
160 inch Plate Mill I and O       ..................  176 lb/hr; 1.96 lb/ Closed............  0.0 lb/hr.
 Furnace No. 8.                                        mmBtu.
Power Station Boilers No. 8, 9,   ..................  2,798 lb/hr; 1.45   ..................  2,378 lb/hr; 1.45
 10, 11, and 12.                                       lb/mmBtu.                               lb/mmBtu.
----------------------------------------------------------------------------------------------------------------

III. CAA Section 110(l)

    Section 110(l) of the CAA provides that State submissions cannot be 
approved as SIP revisions if they interfere with applicable 
requirements concerning attainment and reasonable further progress. The 
Burns Harbor plant is located in Porter County, which is designated 
attainment/unclassifiable for the 2010 1-hour SO2 standard 
(86 FR 16055, March 26, 2021). EPA is proposing to find that the 
overall reductions in allowable SO2 emissions in IDEM's 
March 31, 2021 revised rule offset the effect of increasing the limit 
on the blast furnace gas flare. The rule revisions, which reflect the 
units that have new, lower emission limits and the closed units that no 
longer emit SO2, result in a reduction in total allowable 
SO2 emissions of 2,265.6 lb/hr. The increased allowable 
flare emissions are estimated at 8.89 lb/hr. The net result is an 
overall allowable SO2 emissions decrease of 2,256.7 lb/hr. 
The flare limit has been increased to allow the Burns Harbor plant 
operational flexibility, as the flare is a necessary safety device. In 
addition, the improved compliance and testing protocol will greatly 
improve the accuracy of the actual SO2 emissions 
calculations for blast furnace gas combustion. This is because having 
more accurate SO2 emissions information should help the 
Burns Harbor plant personnel properly evaluate and demonstrate its 
blast furnace flare compliance status. EPA believes that the March 31, 
2021 revised rule 326 IAC 7-4-14(1) will not adversely affect Porter 
County's maintenance of the 2010 1-hour SO2 standard. EPA 
proposes to find that IDEM's March 31, 2021 submittal is consistent 
with CAA section 110(l).

IV. What action is EPA taking?

    EPA is proposing to approve the March 31, 2021 SIP revision request 
for Indiana's SO2 rule 326 IAC 7-4-14(1) for the Burns 
Harbor plant. If approved, this revision would satisfy a provision in a 
Federal Settlement Agreement. It would also strengthen the Indiana 
SO2 SIP by lowering SO2 emission limits and 
adding improved SO2 compliance test procedures for the Burns 
Harbor plant.

V. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Indiana rule 326 IAC 7-4-14(1), effective March 20, 2021. EPA 
has made, and will continue to make, these documents generally 
available through www.regulations.gov 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).

VI. 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, 2011);
     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

[[Page 69200]]

substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

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: November 30, 2021.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2021-26467 Filed 12-6-21; 8:45 am]
BILLING CODE 6560-50-P
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