Air Plan Approval; Indiana; ArcelorMittal and NIPSCO Sulfur Dioxide Revisions, 41341-41344 [2023-13524]
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Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Proposed Rules
Need for Correction
As published, the notice of proposed
rulemaking (REG–110412–23) contains
an error that needs to be corrected.
Correction of Publication
Accordingly, the notice of proposed
rulemaking (REG–110412–23) that is the
subject of FR Doc. 2023–11718,
published on June 1, 2023, at (88 FR
35791), is corrected to read as follows:
1. On page 35791, in the third
column, the third line from the top of
the column is corrected to read ‘‘26 CFR
part 1’’.
2. On page 35793, in the third
column, the fifth line from the bottom
of the column is corrected to read,
‘‘rating of the energy storage technology
(in kW)’’.
Oluwafunmilayo A. Taylor,
Branch Chief, Legal Processing Division,
Associate Chief Counsel (Procedure and
Administration).
[FR Doc. 2023–13510 Filed 6–23–23; 8:45 am]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2020–0699; FRL–10754–
01–R5]
Air Plan Approval; Indiana;
ArcelorMittal and NIPSCO Sulfur
Dioxide Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the sulfur dioxide (SO2)
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 (Indiana
Harbor East and Indiana Harbor West).
The Indiana Harbor East facility is
required to demonstrate continuous
compliance with final SO2 emission
limits as a daily (24-hour) average.
These revisions will result in decreases
in allowable SO2 emissions at all three
facilities, maintaining SO2 attainment/
unclassifiable designations for the 2010
1-hour SO2 national ambient air quality
standards (NAAQS).
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SUMMARY:
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Comments must be received on
or before July 26, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2020–0699 at https://
www.regulations.gov, or via email to
arra.sarah@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
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:
Cecilia Magos, Life Scientist,
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,
magos.cecilia@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.
DATES:
Jkt 259001
I. Background
On March 31, 2021, the Indiana
Department of Environmental
Management (IDEM) submitted a sitespecific SO2 SIP revision request to EPA
for the NIPSCO facility in Porter
County, and SIP revision requests for
Indiana Harbor West and Indiana
Harbor East both located in Lake
County. The revisions for NIPSCO and
ArcelorMittal LLC (Indiana Harbor
West) are administrative clean-up
revisions removing limits that apply to
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permanently shut down units. The
revisions for ArcelorMittal LLC (Indiana
Harbor East) remove limits that apply to
permanently shut down units and
include a demonstration of continuous
compliance with SO2 emission limits as
a daily (24-hour) average SO2 pounds
per hour (lbs/hr) emission limit.
II. Content in IDEM’s SIP Revision
Request
The revised rule 326 Indiana
Administrative Code (IAC) 7–4–14(2)
reduces the SO2 emissions at the
NIPSCO facility by removing boilers 7
and 8 and their limits of 6.0 pounds per
million British thermal units (lbs/
MMBtu) each, described in Table 1
below. These boilers have been
permanently shut down.
Additionally, revisions to 326 IAC 7–
4.1–10 update the name of the ISG
Indiana Harbor Inc. facility to
ArcelorMittal USA LLC (Indiana Harbor
West). The revised rule changes
language of Utility Boilers 5, 6, 7 and 8
emission unit requirements from ‘‘shall’’
to ‘‘must’’ concerning total actual heat
input from fuel oil usage at all boilers
combined, the fuel boilers are fired on,
and sulfur percentage and lb/MMBtu of
fuel oil burned. For shut down units,
the revision includes removal of the hot
strip mill slab heat reheat furnaces 1, 2,
and 3 with emission limits of 531.1 lbs/
hr each, as well as removal of the sinter
plant windbox with emission limits of
240 lbs/hour. Removal of emission units
and limits results in a total of 19.67 lbs/
hour sulfur emission limit reductions at
the Indiana Harbor West facility.
Rule revisions to 326 IAC 7–4.1–11
update the name of the Ispat Inland Inc.
facility to ArcelorMittal USA LLC
(Indiana Harbor East). The revisions
include removal of a series of shut down
emission units and listings including:
No. 1 blast furnace stove; No. 2 blast
furnace stove; No. 5 and No. 6 blast
furnace stoves; No. 2AC boilers 207,
208, 209, and 210; No. 2AC boilers 211,
212, and 213; No. 4AC boilers 401, 402,
403, 404, and 405; stack 1 (boilers 401
and 402); stack 2 (boilers 403 and 404);
stack 3 (boiler 405); anneal 3, 4. In
regard to the boilers that feed into stacks
1, 2, and 3 being shut down, the SIP
revision removes the requirements to
operate continuous emission monitoring
systems on those stacks. The SIP
revision also removes the equations to
calculate sulfur dioxide emissions in
units of pounds per MMBtu of the
aforementioned units.
For the Indiana Harbor East facility,
the revised rule at 326 IAC 7–4.1–11
combines the No. 7 Blast Furnace
Canopy and No. 7 Blast Furnace
Baghouse into a combined No. 7 Blast
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Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Proposed Rules
Furnace West Baghouse and East
Baghouse which must demonstrate
compliance with an SO2 emission limit
of 432 lbs/hr. The SIP revision also
removes the EAF shop ladle metal
baghouse and its emission limits.
The revised rule 326 IAC 7–4.1–11
requires continuous compliance with
final SO2 emissions limits as a daily (24hr) average SO2 emission limit at the
Indiana Harbor East facility. Hourly SO2
emission rates (in pounds of SO2 per
MMBtu or ton) will be calculated by
dividing total daily SO2 emissions in
pounds per day by total heat input per
day in MMBtu or ton, respectively, for
emission units with pounds of SO2 per
MMBtu limit. Table 1 shows the
emission limit changes at all three
facilities.
TABLE 1—EMISSION LIMIT CHANGES AND CLOSURES AT NIPSCO FACILITY, INDIANA HARBOR WEST FACILITY, AND
INDIANA HARBOR EAST FACILITY
Unit name
Former limit
Revised limit
North Indiana Public Service Company Bailly Station (NIPSCO)
Boilers 7 and 8 ................................................................................................................................
6.00 lbs/MMBtu each .....
0.0 lb/hr.
535.1 lbs/hr each ...........
240 lbs/hr .......................
0.0 lbs/hr each.
0.0 lbs/hr.
11.92 lbs/hr total ............
12.4 lbs/hr total ..............
41.02 lbs/hr each ...........
15.873 lbs/hr total ..........
168.0 lbs/hr total ............
890.23 lbs/hr total ..........
0.0 lbs/hr ........................
13.90 lbs/hr ....................
50.400 lbs/hr ..................
50.400 lbs/hr ..................
0.0 lbs/hr.
0.0 lbs/hr
0.0 lbs/hr.
0.0 lbs/hr.
0.0 lbs/hr.
0.0 lbs/hr.
0.0 lbs/hr.
0.0 lbs/hr.
432 lbs/hr total.
0.0 lbs/hr.
ArcelorMittal USA LLC (Indiana Harbor West)
Hot Strip Mill Slab Heat Reheat Furnaces 1, 2, and 3 ..................................................................
Sinter Plant Windbox ......................................................................................................................
ArcelorMittal USA LLC (Indiana Harbor East)
No. 1 Blast Furnace Stoves ............................................................................................................
No. 2 Blast Furnace Stoves ............................................................................................................
No. 5 and 6 Blast Furnace Stoves .................................................................................................
No. 2AC Boilers 207, 208, 209, and 210 .......................................................................................
No. 2AC Boilers 211, 212, and 213 ...............................................................................................
No. 4AC Boilers 401, 402, 403, 404, and 405 ...............................................................................
Anneal 3, 4 ......................................................................................................................................
EAF Shop Ladle Metal Baghouse ..................................................................................................
No.7 Blast Furnace West Baghouse and East Baghouse .............................................................
No. 7 BF Casthouse Baghouse ......................................................................................................
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III. Clean Air Act Section 110(1)
Section 110(l) of the Clean Air Act
(CAA) provides that state submissions
cannot be approved as SIP revisions if
they interfere with applicable
requirements concerning attainment and
maintenance of the NAAQS, reasonable
further progress, or any other applicable
requirement of the CAA. The relevant
NIPSCO facility is located in Porter
County which was designated as
attainment/unclassifiable during Round
4 designations for the 2010 SO2
standard (86 FR 16055, March 26, 2021).
The ArcelorMittal USA LLC facilities,
Indiana Harbor East and Indiana Harbor
West, are located in Lake County which
was designated attainment/
unclassifiable during Round 3
designations for the 2010 SO2 standard
(83 FR 1098, January 9, 2018). EPA finds
that Indiana’s revision to the rules at
326 IAC 7–4–14(2) (NIPSCO), 326 IAC
7–4.1–10 (Indiana Harbor West), and
326 IAC 7–4.1–11 (Indiana Harbor East),
reflecting SO2 emission limits revisions
and emission unit removals, will not
interfere with attainment and
maintenance of the NAAQS, reasonable
further progress, or any other applicable
requirement of the CAA, nor pose a risk
to the permanence and compliance with
SO2 attainment/unclassifiable
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designations in Porter and Lake
Counties.
EPA is proposing that the overall
revisions in allowable SO2 emissions in
IDEM’s March 31, 2021, revised rule 326
IAC 7–4–14(2) further reduces SO2
emissions in Porter County by removal
of Boilers 7 and 8 at the NIPSCO
facility, resulting in a total of 12 lbs/
MMBtu emission limit reduction.
Revisions to the 326 IAC 7–4.1–10
rule applicable to the Indiana Harbor
West facility in Lake County also
reduces SO2 emissions by a total 19.67
lbs/hr by removal of hot strip mill slab
heat reheat furnace 1,2, and 3 and the
removal of the sinter plant windbox at
the facility, further strengthening the
SIP.
EPA’s analysis found that revisions to
326 IAC 7–4.1–11 applicable to the
Indiana Harbor East facility in Lake
County will reduce SO2 emissions by
770.13 lbs/hr of SO2 (see IndianaArcelorMittal USA LLC.xlsx, sheet IHE
in the docket for this action). The No.
7 blast furnace previous emission limit
was set to 50.400 lbs/hour and was
revised by the State to 432.00 lbs/hr as
shown in Table 1. As a result, the
revisions to the now combined No. 7
blast furnace west baghouse and east
baghouse increased emissions by 381.60
lbs/hr total in relation to the original
permitted amount. The summation of
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the facility’s existing units daily (24hour) averaged SO2 emission limits is
1,236.00 SO2 lbs/hr. To calculate a
comparatively stringent 1-hour emission
rate for the longer-term averaged units at
the facility, EPA is utilizing a 99th
percentile 24-hour average SO2 emission
adjustment of 0.93 listed in EPA’s April
2014 Guidance for 1-hour SO2
Nonattainment Area SIP Submissions 1
for uncontrolled units averaged over a
24-hour basis. The existing limit rate of
1,236.00 SO2 lbs/hr over a 24-hour
average results in a comparably
stringent 1-hour emission rate of
1,329.03 SO2 lbs/hr after application of
the 0.93 adjustment factor, an increase
of 93.03 lbs/hr. The sum of the increase
of emission limits at the facility equals
474.63 SO2 lbs/hr and the sum of the
decrease of emission limits at the
facility equals 1,244.76 SO2 lbs/hr.
Therefore, the revisions result in an
overall 770.13 SO2 lbs/hr net reduction
in SO2 emission limits at the facility.
Based on the above, EPA proposes to
find that IDEM’s March 31, 2021,
submittal is consistent with CAA
section 110(l).
1 https://www.epa.gov/so2-pollution/guidance-1hour-sulfur-dioxide-so2-nonattainment-area-stateimplementation-plans-sip (pages 22–39).
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Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Proposed Rules
IV. Environmental Justice
Considerations
EPA identified environmental
burdens and susceptible populations in
communities nearby, by performing a
screening-level analysis using the EPA’s
environmental justice (EJ) screening and
mapping tool (‘‘EJSCREEN’’).2 The
EJSCREEN analysis reports are included
in the docket for this action for the
NIPSCO and ArcelorMittal USA LLC
(Indiana Harbor West and Indiana
Harbor East) facilities located in Porter
County and Lake County, respectively.
EPA utilized the EJSCREEN tool to
evaluate environmental and
demographic indicators within a 1-mile
and 3-mile radius of the NIPSCO facility
in Porter County. The 1-mile buffer
showed no census data within the area,
indicating no individuals live within
one mile of the facility. Thus, to further
evaluate environmental and
demographic indicators of the facility
with available census data, an
additional analysis was conducted at a
3-mile buffer. For the 3-mile buffer, EPA
reviewed the EJSCREEN tool for the
demographic indicators at the NIPSCO
facility, specifically for the EJSCREEN
‘‘Demographic Index’’, which is the
average of an area’s percentage of people
of color and percentage of low-income
populations. EPA then compared the
data to the national Demographic Index
average. The results of this analysis are
being provided for informational and
transparency purposes. The results of
the demographic analysis indicate that
the Demographic Index at the NIPSCO
location is lower than the national
average. Additionally, the results
indicate that these areas score below the
80th percentile (in comparison to the
nation as a whole) in the twelve EJ
Indexes established by EPA, which
include a combination of environmental
and demographic information. EPA has
provided that if any of the EJ indexes for
the areas under consideration are at or
above the 80th percentile nationally,
then further review may be appropriate.
Based on the information presented, at
a minimum, this action would not
worsen any existing air quality and is
expected to ensure the area is meeting
requirements to attain and/or maintain
air quality standards. Further, there is
no information in the record indicating
that this action is expected to have
disproportionately high or adverse
human health or environmental effects
on a particular group of people.
Indiana Harbor East and Indiana
Harbor West are owned and operated by
2 See documentation on EPA’s Environmental
Justice Screening and Mapping Tool at https://
www.epa.gov/ejscreen, last accessed 1/18/2022.
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the same parent company, and the
facilities share the same ArcelorMittal
USA LLC administrative address.
According to the census data available
through EJSCREEN, comparing both
facilities, the administrative address is
closest in proximity to a higher total
population center. EPA identified
environmental burdens and susceptible
populations in communities nearby, by
performing a screening-level analysis
using the EPA’s EJSCREEN tool. EPA
utilized the EJSCREEN tool to evaluate
environmental and demographic
indicators of the communities within a
1-mile radius of the ArcelorMittal USA
LLC facilities’ administrative address in
Lake County. For the 1-mile buffer, EPA
reviewed the EJSCREEN tool for the
demographic indicators at the
ArcelorMittal USA LLC facilities,
specifically for the ‘‘Demographic
Index’’, which is the average of an area’s
percent people of color and percent lowincome populations. EPA then
compared the data to the national
Demographic Index average. The results
of this analysis are being provided for
informational and transparency
purposes. The results of the
demographic analysis indicate that, the
Demographic Index at the ArcelorMittal
USA LLC location is higher than the
national average. Additionally, the
results indicate that the area scores
above the 80th percentile (in
comparison to the nation as whole) in
all twelve EJ Indexes established by
EPA, which include a combination of
environmental and demographic
information. At a state-level comparison
in the 1-mile buffer to the ArcelorMittal
USA LLC facilities, all EJ Indexes scored
above the 80th percentile with one
exception, the EJ Index for Ozone scored
at a 76th percentile. This EJ Index
considers the ozone summer seasonal
average of daily maximum 8-hour
concentration in the air.
EPA has provided that if any of the EJ
indexes for the areas under
consideration are at or above the 80th
percentile nationally, then further
review may be appropriate. As
discussed in the EPA’s EJ technical
guidance, people of color and lowincome populations often experience
greater exposure and disease burdens
than the general population, which can
increase their susceptibility to adverse
health effects from environmental
stressors. Underserved communities can
also experience reduced access to health
care, nutritional, and fitness resources,
further increasing their susceptibility.
Considering these results, we expect
that this action and resulting emissions
reductions will be neutral or contribute
to reduced environmental and health
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41343
impacts on all populations in Lake
County, Indiana, including people of
color and low-income populations. This
proposed rule, if finalized, will further
improve local air quality by reducing
SO2 emissions in Lake County that was
designated attainment/unclassifiable
during Round 3 designations for the
2010 SO2 standard (83 FR 1098, January
9, 2018). Based on the information
presented, at a minimum, this action
would not worsen any existing air
quality and is expected to ensure the
area is meeting requirements to attain
and/or maintain the SO2 air quality
standard.
Further, in this action, EPA is
proposing to approve the revisions to
SO2 emission limits and removal of
emission units at the NIPSCO,
ArcelorMittal USA LLC (Indiana Harbor
West) and ArcelorMittal USA LLC
(Indiana Harbor East) facilities into the
Indiana SIP. Thus, EPA believes that
finalizing this action will help to reduce
potential disproportionate health,
environmental, economic, and climate
impacts on disadvantaged communities
in the area surrounding the
ArcelorMittal USA LLC facilities and
that this action will not have
disproportionately high and adverse
human health or environmental effects
on minority populations, low-income
populations and/or indigenous peoples.
V. What action is EPA proposing?
EPA proposes approval of the March
31, 2021, SIP revision request for
Indiana’s SO2 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). This will strengthen the Indiana
SO2 SIP by lowering SO2 emission
limits overall and update monitoring
compliance requirements to the Indiana
Harbor East facility.
VI. 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 rules 326 IAC 7–4–14(2), 326
IAC 7–4.1–10, and 326 IAC 7–4.1–11,
effective March 31, 2021, discussed in
section II. of this preamble. 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).
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VII. 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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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 Clean Air Act.
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
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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
section IV of this preamble titled,
‘‘Environmental Justice
Considerations.’’ 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 minority, lowincome populations, and Indigenous
peoples.
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: June 20, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023–13524 Filed 6–23–23; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0535; FRL–11020–
01–R4]
Air Plan Approval; TN; 2010 1-Hour
SO2 NAAQS Transport Infrastructure
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
Tennessee’s July 31, 2019, State
Implementation Plan (SIP) submission
pertaining to the ‘‘good neighbor’’
provision of the Clean Air Act (CAA or
Act) for the 2010 1-hour sulfur dioxide
(SO2) National Ambient Air Quality
Standard (NAAQS). The good neighbor
provision requires each State’s
implementation plan to contain
adequate provisions prohibiting the
interstate transport of air pollution in
amounts that will contribute
significantly to nonattainment, or
interfere with maintenance, of a NAAQS
in any other State. In this action, EPA
is proposing to determine that
Tennessee will not contribute
significantly to nonattainment or
interfere with maintenance of the 2010
1-hour SO2 NAAQS in any other State.
Therefore, EPA is proposing to approve
the July 31, 2019, SIP revision as
meeting the requirements of the good
neighbor provision for the 2010 1-hour
SO2 NAAQS.
DATES: Written comments must be
received on or before July 26, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2019–0535 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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, the full
EPA public comment policy,
information about CBI or multimedia
SUMMARY:
E:\FR\FM\26JNP1.SGM
26JNP1
Agencies
[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Proposed Rules]
[Pages 41341-41344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13524]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2020-0699; FRL-10754-01-R5]
Air Plan Approval; Indiana; ArcelorMittal and NIPSCO Sulfur
Dioxide Revisions
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 sulfur dioxide (SO2) 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 (Indiana Harbor East and Indiana Harbor West).
The Indiana Harbor East facility is required to demonstrate continuous
compliance with final SO2 emission limits as a daily (24-
hour) average. These revisions will result in decreases in allowable
SO2 emissions at all three facilities, maintaining
SO2 attainment/unclassifiable designations for the 2010 1-
hour SO2 national ambient air quality standards (NAAQS).
DATES: Comments must be received on or before July 26, 2023.
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: Cecilia Magos, Life Scientist,
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,
[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 March 31, 2021, the Indiana Department of Environmental
Management (IDEM) submitted a site-specific SO2 SIP revision
request to EPA for the NIPSCO facility in Porter County, and SIP
revision requests for Indiana Harbor West and Indiana Harbor East both
located in Lake County. The revisions for NIPSCO and ArcelorMittal LLC
(Indiana Harbor West) are administrative clean-up revisions removing
limits that apply to permanently shut down units. The revisions for
ArcelorMittal LLC (Indiana Harbor East) remove limits that apply to
permanently shut down units and include a demonstration of continuous
compliance with SO2 emission limits as a daily (24-hour)
average SO2 pounds per hour (lbs/hr) emission limit.
II. Content in IDEM's SIP Revision Request
The revised rule 326 Indiana Administrative Code (IAC) 7-4-14(2)
reduces the SO2 emissions at the NIPSCO facility by removing
boilers 7 and 8 and their limits of 6.0 pounds per million British
thermal units (lbs/MMBtu) each, described in Table 1 below. These
boilers have been permanently shut down.
Additionally, revisions to 326 IAC 7-4.1-10 update the name of the
ISG Indiana Harbor Inc. facility to ArcelorMittal USA LLC (Indiana
Harbor West). The revised rule changes language of Utility Boilers 5,
6, 7 and 8 emission unit requirements from ``shall'' to ``must''
concerning total actual heat input from fuel oil usage at all boilers
combined, the fuel boilers are fired on, and sulfur percentage and lb/
MMBtu of fuel oil burned. For shut down units, the revision includes
removal of the hot strip mill slab heat reheat furnaces 1, 2, and 3
with emission limits of 531.1 lbs/hr each, as well as removal of the
sinter plant windbox with emission limits of 240 lbs/hour. Removal of
emission units and limits results in a total of 19.67 lbs/hour sulfur
emission limit reductions at the Indiana Harbor West facility.
Rule revisions to 326 IAC 7-4.1-11 update the name of the Ispat
Inland Inc. facility to ArcelorMittal USA LLC (Indiana Harbor East).
The revisions include removal of a series of shut down emission units
and listings including: No. 1 blast furnace stove; No. 2 blast furnace
stove; No. 5 and No. 6 blast furnace stoves; No. 2AC boilers 207, 208,
209, and 210; No. 2AC boilers 211, 212, and 213; No. 4AC boilers 401,
402, 403, 404, and 405; stack 1 (boilers 401 and 402); stack 2 (boilers
403 and 404); stack 3 (boiler 405); anneal 3, 4. In regard to the
boilers that feed into stacks 1, 2, and 3 being shut down, the SIP
revision removes the requirements to operate continuous emission
monitoring systems on those stacks. The SIP revision also removes the
equations to calculate sulfur dioxide emissions in units of pounds per
MMBtu of the aforementioned units.
For the Indiana Harbor East facility, the revised rule at 326 IAC
7-4.1-11 combines the No. 7 Blast Furnace Canopy and No. 7 Blast
Furnace Baghouse into a combined No. 7 Blast
[[Page 41342]]
Furnace West Baghouse and East Baghouse which must demonstrate
compliance with an SO2 emission limit of 432 lbs/hr. The SIP
revision also removes the EAF shop ladle metal baghouse and its
emission limits.
The revised rule 326 IAC 7-4.1-11 requires continuous compliance
with final SO2 emissions limits as a daily (24-hr) average
SO2 emission limit at the Indiana Harbor East facility.
Hourly SO2 emission rates (in pounds of SO2 per
MMBtu or ton) will be calculated by dividing total daily SO2
emissions in pounds per day by total heat input per day in MMBtu or
ton, respectively, for emission units with pounds of SO2 per
MMBtu limit. Table 1 shows the emission limit changes at all three
facilities.
Table 1--Emission Limit Changes and Closures at NIPSCO Facility, Indiana Harbor West Facility, and Indiana
Harbor East Facility
----------------------------------------------------------------------------------------------------------------
Unit name Former limit Revised limit
----------------------------------------------------------------------------------------------------------------
North Indiana Public Service Company Bailly Station (NIPSCO)
----------------------------------------------------------------------------------------------------------------
Boilers 7 and 8...................... 6.00 lbs/MMBtu each.................... 0.0 lb/hr.
----------------------------------------------------------------------------------------------------------------
ArcelorMittal USA LLC (Indiana Harbor West)
----------------------------------------------------------------------------------------------------------------
Hot Strip Mill Slab Heat Reheat 535.1 lbs/hr each...................... 0.0 lbs/hr each.
Furnaces 1, 2, and 3.
Sinter Plant Windbox................. 240 lbs/hr............................. 0.0 lbs/hr.
----------------------------------------------------------------------------------------------------------------
ArcelorMittal USA LLC (Indiana Harbor East)
----------------------------------------------------------------------------------------------------------------
No. 1 Blast Furnace Stoves........... 11.92 lbs/hr total..................... 0.0 lbs/hr.
No. 2 Blast Furnace Stoves........... 12.4 lbs/hr total...................... 0.0 lbs/hr
No. 5 and 6 Blast Furnace Stoves..... 41.02 lbs/hr each...................... 0.0 lbs/hr.
No. 2AC Boilers 207, 208, 209, and 15.873 lbs/hr total.................... 0.0 lbs/hr.
210.
No. 2AC Boilers 211, 212, and 213.... 168.0 lbs/hr total..................... 0.0 lbs/hr.
No. 4AC Boilers 401, 402, 403, 404, 890.23 lbs/hr total.................... 0.0 lbs/hr.
and 405.
Anneal 3, 4.......................... 0.0 lbs/hr............................. 0.0 lbs/hr.
EAF Shop Ladle Metal Baghouse........ 13.90 lbs/hr........................... 0.0 lbs/hr.
No.7 Blast Furnace West Baghouse and 50.400 lbs/hr.......................... 432 lbs/hr total.
East Baghouse.
No. 7 BF Casthouse Baghouse.......... 50.400 lbs/hr.......................... 0.0 lbs/hr.
----------------------------------------------------------------------------------------------------------------
III. Clean Air Act Section 110(1)
Section 110(l) of the Clean Air Act (CAA) provides that state
submissions cannot be approved as SIP revisions if they interfere with
applicable requirements concerning attainment and maintenance of the
NAAQS, reasonable further progress, or any other applicable requirement
of the CAA. The relevant NIPSCO facility is located in Porter County
which was designated as attainment/unclassifiable during Round 4
designations for the 2010 SO2 standard (86 FR 16055, March
26, 2021). The ArcelorMittal USA LLC facilities, Indiana Harbor East
and Indiana Harbor West, are located in Lake County which was
designated attainment/unclassifiable during Round 3 designations for
the 2010 SO2 standard (83 FR 1098, January 9, 2018). EPA
finds that Indiana's revision to the rules at 326 IAC 7-4-14(2)
(NIPSCO), 326 IAC 7-4.1-10 (Indiana Harbor West), and 326 IAC 7-4.1-11
(Indiana Harbor East), reflecting SO2 emission limits
revisions and emission unit removals, will not interfere with
attainment and maintenance of the NAAQS, reasonable further progress,
or any other applicable requirement of the CAA, nor pose a risk to the
permanence and compliance with SO2 attainment/unclassifiable
designations in Porter and Lake Counties.
EPA is proposing that the overall revisions in allowable
SO2 emissions in IDEM's March 31, 2021, revised rule 326 IAC
7-4-14(2) further reduces SO2 emissions in Porter County by
removal of Boilers 7 and 8 at the NIPSCO facility, resulting in a total
of 12 lbs/MMBtu emission limit reduction.
Revisions to the 326 IAC 7-4.1-10 rule applicable to the Indiana
Harbor West facility in Lake County also reduces SO2
emissions by a total 19.67 lbs/hr by removal of hot strip mill slab
heat reheat furnace 1,2, and 3 and the removal of the sinter plant
windbox at the facility, further strengthening the SIP.
EPA's analysis found that revisions to 326 IAC 7-4.1-11 applicable
to the Indiana Harbor East facility in Lake County will reduce
SO2 emissions by 770.13 lbs/hr of SO2 (see
Indiana-ArcelorMittal USA LLC.xlsx, sheet IHE in the docket for this
action). The No. 7 blast furnace previous emission limit was set to
50.400 lbs/hour and was revised by the State to 432.00 lbs/hr as shown
in Table 1. As a result, the revisions to the now combined No. 7 blast
furnace west baghouse and east baghouse increased emissions by 381.60
lbs/hr total in relation to the original permitted amount. The
summation of the facility's existing units daily (24-hour) averaged
SO2 emission limits is 1,236.00 SO2 lbs/hr. To
calculate a comparatively stringent 1-hour emission rate for the
longer-term averaged units at the facility, EPA is utilizing a 99th
percentile 24-hour average SO2 emission adjustment of 0.93
listed in EPA's April 2014 Guidance for 1-hour SO2 Nonattainment Area
SIP Submissions 1 for uncontrolled units averaged over a 24-
hour basis. The existing limit rate of 1,236.00 SO2 lbs/hr
over a 24-hour average results in a comparably stringent 1-hour
emission rate of 1,329.03 SO2 lbs/hr after application of
the 0.93 adjustment factor, an increase of 93.03 lbs/hr. The sum of the
increase of emission limits at the facility equals 474.63
SO2 lbs/hr and the sum of the decrease of emission limits at
the facility equals 1,244.76 SO2 lbs/hr. Therefore, the
revisions result in an overall 770.13 SO2 lbs/hr net
reduction in SO2 emission limits at the facility. Based on
the above, EPA proposes to find that IDEM's March 31, 2021, submittal
is consistent with CAA section 110(l).
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\1\ https://www.epa.gov/so2-pollution/guidance-1-hour-sulfur-dioxide-so2-nonattainment-area-state-implementation-plans-sip (pages
22-39).
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[[Page 41343]]
IV. Environmental Justice Considerations
EPA identified environmental burdens and susceptible populations in
communities nearby, by performing a screening-level analysis using the
EPA's environmental justice (EJ) screening and mapping tool
(``EJSCREEN'').\2\ The EJSCREEN analysis reports are included in the
docket for this action for the NIPSCO and ArcelorMittal USA LLC
(Indiana Harbor West and Indiana Harbor East) facilities located in
Porter County and Lake County, respectively.
---------------------------------------------------------------------------
\2\ See documentation on EPA's Environmental Justice Screening
and Mapping Tool at https://www.epa.gov/ejscreen, last accessed 1/
18/2022.
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EPA utilized the EJSCREEN tool to evaluate environmental and
demographic indicators within a 1-mile and 3-mile radius of the NIPSCO
facility in Porter County. The 1-mile buffer showed no census data
within the area, indicating no individuals live within one mile of the
facility. Thus, to further evaluate environmental and demographic
indicators of the facility with available census data, an additional
analysis was conducted at a 3-mile buffer. For the 3-mile buffer, EPA
reviewed the EJSCREEN tool for the demographic indicators at the NIPSCO
facility, specifically for the EJSCREEN ``Demographic Index'', which is
the average of an area's percentage of people of color and percentage
of low-income populations. EPA then compared the data to the national
Demographic Index average. The results of this analysis are being
provided for informational and transparency purposes. The results of
the demographic analysis indicate that the Demographic Index at the
NIPSCO location is lower than the national average. Additionally, the
results indicate that these areas score below the 80th percentile (in
comparison to the nation as a whole) in the twelve EJ Indexes
established by EPA, which include a combination of environmental and
demographic information. EPA has provided that if any of the EJ indexes
for the areas under consideration are at or above the 80th percentile
nationally, then further review may be appropriate. Based on the
information presented, at a minimum, this action would not worsen any
existing air quality and is expected to ensure the area is meeting
requirements to attain and/or maintain air quality standards. Further,
there is no information in the record indicating that this action is
expected to have disproportionately high or adverse human health or
environmental effects on a particular group of people.
Indiana Harbor East and Indiana Harbor West are owned and operated
by the same parent company, and the facilities share the same
ArcelorMittal USA LLC administrative address. According to the census
data available through EJSCREEN, comparing both facilities, the
administrative address is closest in proximity to a higher total
population center. EPA identified environmental burdens and susceptible
populations in communities nearby, by performing a screening-level
analysis using the EPA's EJSCREEN tool. EPA utilized the EJSCREEN tool
to evaluate environmental and demographic indicators of the communities
within a 1-mile radius of the ArcelorMittal USA LLC facilities'
administrative address in Lake County. For the 1-mile buffer, EPA
reviewed the EJSCREEN tool for the demographic indicators at the
ArcelorMittal USA LLC facilities, specifically for the ``Demographic
Index'', which is the average of an area's percent people of color and
percent low-income populations. EPA then compared the data to the
national Demographic Index average. The results of this analysis are
being provided for informational and transparency purposes. The results
of the demographic analysis indicate that, the Demographic Index at the
ArcelorMittal USA LLC location is higher than the national average.
Additionally, the results indicate that the area scores above the 80th
percentile (in comparison to the nation as whole) in all twelve EJ
Indexes established by EPA, which include a combination of
environmental and demographic information. At a state-level comparison
in the 1-mile buffer to the ArcelorMittal USA LLC facilities, all EJ
Indexes scored above the 80th percentile with one exception, the EJ
Index for Ozone scored at a 76th percentile. This EJ Index considers
the ozone summer seasonal average of daily maximum 8-hour concentration
in the air.
EPA has provided that if any of the EJ indexes for the areas under
consideration are at or above the 80th percentile nationally, then
further review may be appropriate. As discussed in the EPA's EJ
technical guidance, people of color and low-income populations often
experience greater exposure and disease burdens than the general
population, which can increase their susceptibility to adverse health
effects from environmental stressors. Underserved communities can also
experience reduced access to health care, nutritional, and fitness
resources, further increasing their susceptibility.
Considering these results, we expect that this action and resulting
emissions reductions will be neutral or contribute to reduced
environmental and health impacts on all populations in Lake County,
Indiana, including people of color and low-income populations. This
proposed rule, if finalized, will further improve local air quality by
reducing SO2 emissions in Lake County that was designated
attainment/unclassifiable during Round 3 designations for the 2010
SO2 standard (83 FR 1098, January 9, 2018). Based on the
information presented, at a minimum, this action would not worsen any
existing air quality and is expected to ensure the area is meeting
requirements to attain and/or maintain the SO2 air quality
standard.
Further, in this action, EPA is proposing to approve the revisions
to SO2 emission limits and removal of emission units at the
NIPSCO, ArcelorMittal USA LLC (Indiana Harbor West) and ArcelorMittal
USA LLC (Indiana Harbor East) facilities into the Indiana SIP. Thus,
EPA believes that finalizing this action will help to reduce potential
disproportionate health, environmental, economic, and climate impacts
on disadvantaged communities in the area surrounding the ArcelorMittal
USA LLC facilities and that this action will not have
disproportionately high and adverse human health or environmental
effects on minority populations, low-income populations and/or
indigenous peoples.
V. What action is EPA proposing?
EPA proposes approval of the March 31, 2021, SIP revision request
for Indiana's SO2 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). This
will strengthen the Indiana SO2 SIP by lowering
SO2 emission limits overall and update monitoring compliance
requirements to the Indiana Harbor East facility.
VI. 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 rules 326 IAC 7-4-14(2), 326 IAC 7-4.1-10, and 326
IAC 7-4.1-11, effective March 31, 2021, discussed in section II. of
this preamble. 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).
[[Page 41344]]
VII. 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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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 Clean Air Act.
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 section IV of this
preamble titled, ``Environmental Justice Considerations.'' 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 minority, low-income
populations, and Indigenous peoples.
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: June 20, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-13524 Filed 6-23-23; 8:45 am]
BILLING CODE 6560-50-P