
[Federal Register Volume 84, Number 30 (Wednesday, February 13, 2019)]
[Proposed Rules]
[Pages 3740-3742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02215]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0126; FRL-9989-32-Region 5]


Air Plan Approval; Indiana; Proposed Approval of a Revision to 
the Sulfur Dioxide State Implementation Plan for United States Steel-
Gary Works

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a March 6, 2018 request by the Indiana Department of 
Environmental Management (IDEM) to revise its State Implementation Plan 
(SIP) for the United States Steel-Gary Works (US Steel-Gary Works). The 
proposed SIP revision pertains to the removal of all sulfur dioxide 
(SO2) emission limitations for the facility's coke plant, 
which permanently ceased operation on March 30, 2015, and other 
administrative changes. The SIP revision provides for an overall 
reduction in SO2 emissions at the facility.

DATES: Comments must be received on or before March 15, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0126 at http://www.regulations.gov, or via email to 
blakley.pamela@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any 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.

[[Page 3741]]

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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Emily Crispell, Environmental 
Scientist, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8512, crispell.emily@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background
II. Summary of Changes to Existing Rule
III. Summary of 110(l) Analysis
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    US Steel-Gary Works is an integrated steel mill located in Gary, 
Indiana. On March 30, 2015, the facility permanently ceased the 
operation of its entire coke plant. The coke plant consisted of the 
coal handling facilities, coke oven batteries, coke byproducts recovery 
plant, coke oven desulfurization facility, and #2 coke plant boiler 
house.
    IDEM amended 326 Indiana Administrative Code (326 IAC) 7-4.1-20 to 
remove SO2 emission limitations applicable to the coke 
plant. IDEM held a public hearing on October 11, 2017 and received one 
question regarding whether US Steel-Gary Works would be required to 
reapply for permits if they chose to reopen the coke plant facility. 
IDEM confirmed that US Steel-Gary Works would have to reapply for 
permits if they chose to reopen the coke plant.
    IDEM adopted the revised rule on October 11, 2017, which became 
effective on February 21, 2018.

II. Summary of Changes to Existing Rule

    The existing rule 326 IAC 7-4.1-20 contained the SO2 
emission limitations for various emission units at US Steel-Gary Works, 
depending on the operation status of the coke oven gas desulfurization 
unit. The sole purpose of the coke oven gas desulfurization unit was to 
control coke oven gas emissions from the coke plant. IDEM revised 326 
IAC 7-4.1-20 to remove all SO2 sources and emission limits 
associated with the coke plant. IDEM renumbered and retained the 
remainder of the rule which contains SO2 emission 
limitations for other operating units at the facility such as the 
turboblower boiler house units, number 4 boiler house units, blast 
furnace stove stacks, 84-inch hot strip mill units, number 3 sinter 
plant windbox gas cleaning systems, and baghouses.

III. Summary of 110(l) Analysis

    According to Clean Air Act (CAA) Section 110(l), EPA cannot approve 
a revision of a SIP if the revision would interfere with any applicable 
requirement concerning attainment of the National Ambient Air Quality 
Standards and Reasonable Further Progress (as defined in Section 171 of 
the CAA). Indiana's submission is consistent with CAA Section 110(l) 
because the changes to the facility will result in a decrease in 
SO2 emissions in excess of 3792.2 tons per year.

IV. What action is EPA taking?

    EPA is proposing to approve IDEM's March 6, 2018 submittal as a 
revision to its existing SIP for US Steel-Gary Works. EPA is requesting 
comments on the proposed approval.

V. Incorporation by Reference

    In this document, 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 revisions to Indiana rule 326 IAC 7-4.1-20 U.S. Steel-Gary 
Works Sulfur Dioxide Emission Limitations, effective on February 21, 
2018. EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov and at the EPA Region 5 
Office (please contact the person identified in the ``For Further 
Information Contact'' section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

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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: December 21, 2018.
James O. Payne
Acting Regional Administrator, Region 5.
[FR Doc. 2019-02215 Filed 2-12-19; 8:45 am]
BILLING CODE 6560-50-P


