[Federal Register: March 22, 2004 (Volume 69, Number 55)]
[Rules and Regulations]
[Page 13221-13225]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr04-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN158-1a; FRL-7626-7]
Approval and Promulgation of Implementation Plans; Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency is approving revisions to
particulate matter (PM10) emissions regulations for U.S.
Steel-Gary Works and U.S. Steel-Gary Coke Operations, located in Lake
County, Indiana. The
[[Page 13222]]
Indiana Department of Environmental Management (IDEM) requested on June
13, 2003, and supplemented on October 3, 2003, that EPA approve this
State Implementation Plan (SIP) revision, as an amendment to 326
Indiana Administrative Code (IAC) 6-1-10.1 and 326 IAC 6-1-10.2. The
revisions to the rules reflect the closure of certain emission units,
the addition of new emission units, and the installation of new control
systems. These changes should result in decreased PM10
emissions of approximately 350 tons per year (tpy). EPA is approving
this request because it satisfies the requirements of the Clean Air Act
(Act).
DATES: This rule is effective on May 21, 2004, unless EPA receives
adverse written comments by April 21, 2004. If EPA receives adverse
comments, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: You may inspect copies of the documents relevant to this
action during normal business hours at the following location: Criteria
Pollution Section, Air Programs Branch, (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Please contact Christos Panos at (312) 353-8328 before
visiting the Region 5 office.
Send written comments to: J. Elmer Bortzer, Acting Chief, Air
Programs Branch, (AR-18J), U.S. Environmental Protection Agency, Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Comments may also be submitted electronically or through hand
delivery/courier, please follow the detailed instructions described in
Part(I)(B)(1)(i) through (iii) of the Supplementary Information
section.
FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental
Engineer, Criteria Pollution Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 353-8328.
panos.christos@epa.gov
SUPPLEMENTARY INFORMATION:
This Supplementary Information section is organized as follows:
I. General Information
II. Review of State Implementation Plan Revision
1. What Is EPA Approving?
2. Why Did the State Revise its Rules?
3. What Is EPA's Analysis of the State's Submittal?
4. Did Indiana Hold a Public Hearing?
III. What Action Is EPA Taking?
IV. Is this Action Final, or May I Submit Comments?
V. Statutory and Executive Order Reviews.
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office. EPA
has established an official public rulemaking file for this action
under ``Region 5 Air Docket IN158''. The official public file consists
of the documents specifically referenced in this action, any public
comments received, and other information related to this action.
Although a part of the official docket, the public rulemaking file does
not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public rulemaking file is the collection of materials that is available
for public viewing at the Air Programs Branch, Air and Radiation
Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois
60604. EPA requests that if at all possible, you contact the contact
listed in the For Further Information Contact section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 to 4:30 excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the Regulations.gov Web site located at http://www.regulations.gov
where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
B. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket IN158'' in
the subject line on the first page of your comment. Please ensure that
your comments are submitted within the specified comment period.
Comments received after the close of the comment period will be marked
``late.'' EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
bortzer.jay@epa.gov. Please include the text ``Public comment on
proposed rulemaking Region 5 Air Docket IN158'' in the subject line.
EPA's e-mail system is not an ``anonymous access'' system. If you send
an e-mail comment directly without going through Regulations.gov, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket.
ii. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then click on the button
``TO SEARCH FOR REGULATIONS CLICK HERE'', and select Environmental
Protection Agency as the Agency name to search on. The list of current
EPA actions available for
[[Page 13223]]
comment will be listed. Please follow the online instructions for
submitting comments. The system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII file format. Avoid the use of special characters and any
form of encryption.
2. By Mail. Send your comments to: J. Elmer Bortzer, Acting Chief,
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. Please
include the text ``Public comment on proposed rulemaking Region 5 Air
Docket IN158'' in the subject line on the first page of your comment.
3. By Hand Delivery or Courier. Deliver your comments to: J. Elmer
Bortzer, Acting Chief, Air Programs Branch, (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
18th floor, Chicago, Illinois 60604. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding Federal holidays.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR Part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
II. Review of State Implementation Plan Revision
1. What Is EPA Approving?
We are approving PM10 emissions regulations for U.S.
Steel-Gary Works and U.S. Steel-Gary Coke Operations, located in Lake
County, Indiana. Specifically, we are approving revisions to 326 IAC 6-
1-10.1, Lake County PM10 emission requirements, and 326 IAC
6-1-10.2, Lake County PM10 coke battery emission
requirements, into the Indiana PM10 SIP. The revised rules
were adopted by the Indiana Air Pollution Control Board on May 7, 2003,
and were submitted by IDEM to EPA on June 13, 2003. IDEM submitted a
supplement to its submission on October 3, 2003 indicating that the
revised rules became effective September 5, 2003 and were published in
the Indiana Register on October 1, 2003.
2. Why Did the State Revise its Rules?
In the June 13, 2003 submission, IDEM requested that EPA approve
revisions to regulation 326 IAC 6-1-10.1 that are specific to U.S.
Steel's integrated steel-making operations in Gary, Indiana. The rule
revisions address changes to 54 emission points that have occurred at
the plant since the previous rule had become effective in 1993. Many of
the changes, which substantially decrease PM10 emissions,
were the result of a March 22, 1996 Agreed Order entered into by IDEM
and U.S. Steel. These revisions reflect the closure of 16 sources and
the addition of 11 sources, resulting in an overall decrease in
PM10 emissions of approximately 350 tpy.
IDEM has also requested that EPA approve revisions to regulation
326 IAC 6-1-10.2 that are specific to U.S. Steel--Gary Coke Operations.
The monitoring and reporting requirements in 326 IAC 6-1-10.2 had been
specifically promulgated for the use of process water in the coke
quench water system. In accordance with the March 22, 1996 Agreed
Order, U.S. Steel began using lake water in the coke quench water
system and ceased using process water. Initially, IDEM granted U.S.
Steel a one-year variance from the monitoring and reporting
requirements of 326 IAC 6-1-10.2 on April 19, 2002. IDEM granted a one-
year extension to the variance on April 1, 2003. The revisions to the
rule eliminate the need for annually renewing the variance by removing
the former monitoring and reporting requirements for the use of process
water since they are no longer necessary.
3. What Is EPA's Analysis of the State's Submittal?
Based on the rule revisions, an air quality modeling analysis of
PM10 concentrations attributable to U.S. Steel and other
Lake County sources was conducted using the Industrial Source Complex-
Short Term model, Version 3 (ISCST3). This model is currently listed in
EPA's Guideline on Air Quality Models (40 CFR part 51, Appendix W) as
the recommended model for this kind of application. The model was set
up to calculate predicted concentrations using the required regulatory
default options. Building dimensions were considered in the analysis
for downwash purposes. The building coordinates were determined using
EPA's Building Profile Input Program (BPIP) and included in ISCST3. The
analysis used surface weather conditions from the Hammond on-site tower
combined with the mixing heights of Peoria and Lincoln, Illinois for
the years 1991-1995.
The entire Lake County PM10 inventory was modeled. IDEM
used an updated inventory for U.S. Steel that includes fugitive dust
emissions from the plant area, roadways, storage piles and material
handling activities, and an update of emission sources due to the
removal, replacement or installation of equipment. Background
PM10 concentrations, based on average daily wind direction,
were added to the predicted PM10 values for comparison to
the National Ambient Air Quality Standards (NAAQS). IDEM did not
identify any modeled exceedances at receptors placed in ambient
locations.
EPA believes the modeling analysis submitted by IDEM satisfies the
Act and applicable guidance. Results from the ISCST3 modeling indicate
that the impacts from the rule revision do not cause any exceedances of
the PM10 NAAQS. EPA, therefore, concurs with IDEM that the
requested SIP revision should continue to protect air quality in the
area.
The revisions to regulation 326 IAC 6-1-10.2 make permanent the
portion of the variance concerning quench water testing. These
revisions retain the quench water SIP limit of 1500 milligrams per
liter of dissolved solids, but eliminate the monitoring and reporting
requirements and testing procedures which had been tailored for testing
the quality of quench water that includes process water. U.S. Steel
switched to the use of lake water in the coke quenching process in
1999. The removal of process water from the quench water system, as
previously
[[Page 13224]]
discussed, eliminates the unique circumstances that resulted in the
specialized monitoring and reporting requirements in 326 IAC 6-1-10.2.
U.S. Steel is now subject to the same monitoring and reporting
requirements as other coke quenching operations in Indiana that use
lake water.
The test methods for quench water are found in Indiana rule 326 IAC
6-6-2(i). Monitoring and reporting will be handled in accordance with
the continuous compliance plan requirements in Indiana rule 326 IAC 6-
1-10.1(1). Further, the national emission standards for hazardous air
pollutants (NESHAP) for coke ovens found in 40 CFR 63 subpart CCCCC
(promulgated April 14, 2003, at 68 FR 18007), identify the requirements
for new and existing coke oven batteries. The coke oven NESHAP includes
appropriate test methods and monitoring and reporting requirements.
Indiana has confirmed that Method 2540D, Total Suspended Solids Dried
at 103-105 C, from Standard Methods for the Examination of Water and
Wastewater, 20th Edition, shall be used in any test of compliance with
the quench water quality limits in 326 IAC 6-1-10.2 and 326 IAC 6-6-2.
Method 2540D is an equivalent method to the test methods contained in
40 CFR 63 subpart CCCCC.
In summary, Indiana's rule revisions replace a test method tailored
to previous circumstances at U.S. Steel with a more generally
applicable and equally acceptable test method. Indiana has eliminated
provisions requiring a specific schedule of periodic testing but
continues to provide for State and Federal authority to require tests
at any time, thus providing adequate authority for the State and EPA to
assess ongoing compliance status.
4. Did Indiana Hold a Public Hearing?
Two public hearings before the State of Indiana Air Pollution
Control Board were held on the rule revisions. One comment was made at
the first public hearing on February 5, 2003 in support of the rule
revisions. There were no comments made at the second public hearing
held on May 7, 2003.
III. What Action Is EPA Taking?
EPA is approving revisions to 326 IAC 6-1-10.1, the PM10
emission requirements for Lake County, Indiana, and 326 IAC 6-1-10.2,
the PM10 coke battery emission requirements for Lake County,
Indiana. The state submitted this SIP revision on June 13, 2003, with a
supplement submitted on October 3, 2003. The revisions to the rules
amend the PM10 emission limits at U.S. Steel-Gary Works and
U.S. Steel-Gary Coke Operations. The PM10 modeling analysis
provides for maintenance of the PM10 NAAQS, therefore
demonstrating that the air quality of Lake County, Indiana should be
protected.
IV. Is this Action Final, or May I Submit Comments?
EPA is publishing this action without prior proposal, because EPA
views this as a noncontroversial revision and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, EPA is proposing to approve the SIP revision. Should EPA
receive adverse written comments by April 21, 2004, we will withdraw
this direct final rule and respond to any comments in a final action.
If EPA does not receive adverse comments, this action will be effective
without further notice. Any parties interested in commenting on this
action should do so at this time. If we do not receive comments, this
action will be effective on May 21, 2004.
V. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
For this reason, this action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the
[[Page 13225]]
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
Congressional Review Act
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 21, 2004. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: February 6, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
Title 40 of the Code of Federal Regulations, chapter I, part 52, is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.770 is amended by adding paragraph (c)(164) to read as
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(164) On June 13, 2003, and as supplemented on October 3, 2003,
Indiana submitted a State Implementation Plan (SIP) revision for the
control of emissions of particulate matter (PM10) in the
state of Indiana. Revisions to 326 IAC 6-1-10.1 and 326 IAC 6-1-10.2
amend the PM10 emission limits at U.S. Steel-Gary Works and
U.S. Steel-Gary Coke Operations, located in Lake County, Indiana, and
should result in decreased PM10 emissions of approximately
350 tons per year.
(i) Incorporation by reference. The following sections of the
Indiana Administrative Code are incorporated by reference.
(A) Amendments to Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 6: Particulate Rules, Rule 1: Non-
attainment Area Limitations, Section 10.1: Lake County PM10
emission requirements. Filed with the Secretary of State on August 6,
2003 and effective on September 5, 2003. Published at Indiana Register,
Volume 27, Number 1, October 1, 2003 (27 IR 61).
(B) Amendments to Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 6: Particulate Rules, Rule 1: Non-
attainment Area Limitations, Section 10.2: Lake County PM10
coke battery emission requirements. Filed with the Secretary of State
on August 6, 2003 and effective on September 5, 2003. Published at
Indiana Register, Volume 27, Number 1, October 1, 2003 (27 IR 85).
[FR Doc. 04-6214 Filed 3-19-04; 8:45 am]
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