[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
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              Unit name                              Former limit                         Revised limit
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                          North Indiana Public Service Company Bailly Station (NIPSCO)
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Boilers 7 and 8......................  6.00 lbs/MMBtu each....................  0.0 lb/hr.
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                                   ArcelorMittal USA LLC (Indiana Harbor West)
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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.
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                                   ArcelorMittal USA LLC (Indiana Harbor East)
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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.
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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 
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.
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    \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


