Air Plan Approval; Indiana; ArcelorMittal and NIPSCO Sulfur Dioxide Revisions, 66687-66690 [2023-20743]
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Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting 2 hours that will prohibit
entry within 350 feet of the fireworks
launch site at 42 52’ 07.96’’ N 78 53’
00.87’’ W. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record
keepingrequirements, Security
measures, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
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66687
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T09–0765 to read as
follows:
■
§ 165.T09–0765
Buffalo, NY.
Safety Zone; Lake Erie,
(a) Location. The following area is a
safety zone: All waters of Lake Erie,
from surface to bottom, encompassed by
350-foot radius around 42 52′07.96″ N
78 53′00.87″ W.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port (COTP) Buffalo in the
enforcement of the safety zone.
(c) Regulations. (1) In accordance with
the general regulations in section
§ 165.23, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
COTP Buffalo or their designated
representative.
(2) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP Buffalo or their
designated representative to obtain
permission to do so. The COTP Buffalo
or their designated representative may
be contacted via VHF Channel 16.
Vessel operators given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the COTP Buffalo, or their
designated representative.
(d) Enforcement period. The regulated
area described in paragraph (a) is
effective from 7:30 p.m. through 9:30
p.m. on October 6, 2023.
Dated: September 13, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2023–21194 Filed 9–27–23; 8:45 am]
BILLING CODE 9110–04–P
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations
The Environmental Protection
Agency (EPA) is approving, under the
Clean Air Act (CAA), 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 (the Indiana Harbor East and
Indiana Harbor West facilities). 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). 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 www.regulations.gov 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
www.regulations.gov 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, magos.cecilia@
epa.gov.
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SUMMARY:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
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‘‘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 SO2 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 SO2 emission limits as
a daily (24-hour) average SO2 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 SO2
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 SO2 rules submitted on March
31, 2022. Specifically, EPA is approving
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), effective March 31, 2021. This will
strengthen the Indiana SO2 SIP by
lowering SO2 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
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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
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).
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
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:
• 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;
1 62
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Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations
• 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 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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.770, amend the table in
paragraph (c), under ‘‘Article 7. Sulfur
Dioxide Rules’’:
■ a. Under ‘‘Rule 4. Emission
Limitations and Requirements by
County’’:
■ i. By revising the entry for ‘‘7–4–14’’,
and
■ ii. By adding a second entry for ‘‘7–
4–14’’ immediately following the first
entry.
■ 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:
■
§ 52.770
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED INDIANA REGULATIONS
Indiana
citation
*
Indiana
effective
date
Subject
*
*
EPA approval date
*
Notes
*
*
*
*
*
*
Article 7. Sulfur Dioxide Rules
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*
*
*
*
Rule 4. Emission Limitations and Requirements by County
*
7–4–14 ......
7–4–14 ......
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*
*
Porter County sulfur dioxide emission limitations.
Porter County sulfur dioxide emission limitations.
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*
10/23/1988
3/31/2021
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*
*
1/19/1989, 54 FR 2112 ....................................
*
Only Sec. 14. (1).
9/28/2023, [Insert Federal Register Citation]
Except Sec. 14.
(1).
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EPA-APPROVED INDIANA REGULATIONS—Continued
Indiana
citation
Indiana
effective
date
Subject
*
*
*
EPA approval date
*
*
Notes
*
*
Rule 4.1. Lake County Sulfur Dioxide Emission Limitations
*
7–4.1–10 ...
*
*
ArcelorMittal USA LLC (Indiana Harbor West)
sulfur dioxide emission limitations.
ArcelorMittal USA LLC (Indiana Harbor East)
sulfur dioxide emission limitations.
7–4.1–11 ...
*
*
*
*
*
*
*
*
[FR Doc. 2023–20743 Filed 9–27–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2021–0752; FRL–9203–02–
R10]
Air Plan Approval; WA; Yakima County
Outdoor and Agricultural Burning Rule
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving into the
Washington State Implementation Plan
(SIP) the Yakima Regional Clean Air
Agency’s (YRCAA) revised outdoor and
agricultural burning rule submitted by
the State of Washington (Washington or
the State) on October 14, 2021. The
submitted revisions improve stringency,
clarity and enforceability of the rule.
The EPA is proposing to approve the
SIP submission as consistent with Clean
Air Act (Act or CAA) requirements.
DATES: This action is effective on
October 30, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2021–0752. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., 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 through https://
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SUMMARY:
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*
3/31/2021
*
*
9/28/2023, [Insert Federal Register Citation].
3/31/2021
9/28/2023, [Insert Federal Register Citation].
*
*
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Claudia Vaupel, EPA Region 10 at (206)
553–6121, or vaupel.claudia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means
the EPA.
I. Background
On July 26, 2023, the EPA proposed
to approve Washington’s October 14,
2021, SIP submission which
significantly revised the SIP-approved
outdoor burning rule for the Yakima
area (88 FR 48147). The reasons for our
proposed approval were stated in the
proposed rulemaking and will not be restated here. The public comment period
for our proposed approval ended on
August 25, 2023, and we did not receive
comments. Therefore, we are finalizing
our action as proposed.
II. Final Action
The EPA is approving into the
Washington SIP, the rule revisions for
outdoor and agricultural burning
submitted by Washington on October
14, 2021, because they meet Clean Air
Act requirements. The rule revisions
include updates to applicability, general
prohibitions and requirements for all
burning, permit requirements and
limited exemptions, program delegation,
and rule renumbering. Based on our
review, we determined that the rule
revisions result in an overall
strengthening of the requirements for
open and agricultural burning in
Yakima County.
The EPA is approving into the
federally-approved SIP the YRCAA
Regulation 1, Article 3, Section 3.03
(regulating outdoor and agricultural
burning in Yakima County), effective
September 9, 2020, except the following
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*
*
*
provisions: 3.03.C.2.g, 3.03.E.2.a,
3.03.E.2.c, 3.03.E.3.d, 3.03.K; and the
following general rule permit
provisions:
General Rule Permit No. 3.03–1
Conditions: E.2.b, E.2.d, E.2.e, and G;
General Rule Permit No. 3.03–2
Conditions: E.2.b and G;
General Rule Permit No. 3.03–3
Conditions: E.2.b and G;
General Rule Permit No. 3.03–4
Conditions: E.2.c and G; and
General Rule Permit No. 3.03–5 Conditions
E.2.d and G.
We are also removing from the
federally-approved SIP the outdated
Regulation 1, Article 5 provisions,
Sections 5.01 through 5.05 (regulating
outdoor burning in Yakima County),
state effective December 15, 1995, that
are replaced by Section 3.03.
III. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, we are finalizing the incorporation
by reference of Regulation 1, Article 3,
Section 3.03 provisions described in
section II of this preamble. The EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 10 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 the EPA for inclusion in
the State implementation plan, have
been incorporated by reference by the
EPA into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rule of the EPA’s approval, and
will be incorporated by reference in the
next update to the SIP compilation. The
EPA is also removing regulatory text
that includes incorporation by
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]]>Agencies
[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 [www.gpo.gov]
[FR Doc No: 2023-20743]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
[[Page 66688]]
SUMMARY: The Environmental Protection Agency (EPA) is approving, under
the Clean Air Act (CAA), 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 (the
Indiana Harbor East and Indiana Harbor West facilities). 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). 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 www.regulations.gov 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 www.regulations.gov 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, [email protected].
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 SO2 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 SO2 emission limits as a daily
(24-hour) average SO2 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 SO2 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 SO2 rules
submitted on March 31, 2022. Specifically, EPA is approving 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), effective March 31, 2021.
This will strengthen the Indiana SO2 SIP by lowering
SO2 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
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). 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\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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:
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;
[[Page 66689]]
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 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.
* * * * *
(c) * * *
EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
Indiana
Indiana citation Subject effective EPA approval date Notes
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Article 7. Sulfur Dioxide Rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 4. Emission Limitations and Requirements by County
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 4.1. Lake County Sulfur Dioxide Emission Limitations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-20743 Filed 9-27-23; 8:45 am]
BILLING CODE 6560-50-P
