[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Rules and Regulations]
[Pages 375-377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-148]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IN43-3-6716; FRL-5133-4]


Approval and Promulgation of Implementation Plan; State of 
Indiana

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: On July 19, 1994, the United States Environmental Protection 
Agency (USEPA) published direct final rulemaking approving a 1990 base 
year ozone precursor emissions inventory for Lake and Porter Counties, 
Indiana as a revision to the Indiana State Implementation Plan (SIP). 
On the same day (July 19, 1994), a proposed rule was also published 
which established a 30-day public comment period, noting that, if 
adverse comments were received regarding the direct final rule, the 
USEPA would withdraw the direct final rule and publish an additional 
final rule to address the public comments. Adverse comments were 
received during the public comment period and the USEPA published a 
withdrawal of the direct final rule on September 15, 1994. This revised 
final rule summarizes the public comments and USEPA's responses and 
finalizes the approval of the 1990 base year ozone precursor emissions 
inventory for Lake and Porter Counties as a revision to the Indiana 
SIP.

EFFECTIVE DATE: This action will be effective February 3, 1995.

ADDRESSES: Copies of the SIP revision, public comments and USEPA's 
response are available for inspection at the following address: (It is 
recommended that you telephone Edward Doty at (312) 886-6057 before 
visiting the Region 5 office.) United States Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Edward Doty, Regulation Development 
Section (AR-18J), Regulation Development Branch, Air and Radiation 
Division, United States Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number (312) 
886-6057.

SUPPLEMENTARY INFORMATION:

I. Background Information

    The 1990 base year emissions inventory for Lake and Porter 
Counties, Indiana discussed in this rule was submitted by the Indiana 
Department of Environmental Management (IDEM) on January 15, 1994. The 
emissions inventory submittal covers the emissions of Volatile Organic 
Compounds (VOC), Oxides of Nitrogen (NOx), and Carbon Monoxide (CO) for 
the Indiana portion of the Chicago-Northwest Indiana ozone 
nonattainment area. In addition to emissions from the nonattainment 
area, the submittal also covers VOC, NOx, and CO emissions from major 
stationary sources (with actual emissions for any of the covered 
pollutants equal to or in excess of 100 tons per year) in all counties 
located within 25 miles of the ozone nonattainment area.
    On July 19, 1994 (59 FR 36700), USEPA published a direct final rule 
approving the emissions inventory as a revision of the Indiana ozone 
SIP. On the same day, USEPA published a proposed rule noting that if 
adverse comments were received regarding the direct final rule, the 
USEPA would withdraw the direct final rule and [[Page 376]] publish 
another final rule addressing the public comments. Adverse comments 
were received regarding the direct final rule and USEPA, therefore, 
withdrew the direct final rule on September 15, 1994 (59 FR 47263). 
This final rule addresses the comments that were received during the 
public comment period and announces USEPA's final action regarding the 
base year ozone precursor emissions inventory for Lake and Porter 
Counties.

II. Public Comments

    The following discussion summarizes the comments received regarding 
the emissions inventory. All comments were submitted by a single 
commentor, Bethlehem Steel Corporation.

Comment

    Bethlehem Steel Corporation notes that the base year emissions 
inventory developed by IDEM used a VOC emission factor of 1.246 pounds 
VOC per ton of sinter to estimate sinter plant windbox emissions for 
all steel plants except Inland Steel (an emission factor of 0.359 
pounds VOC per ton of sinter was used for the sinter plant windbox 
emissions at this steel plant). This produced a total VOC emission rate 
of 43,480.5 pounds per day (3,783.77 tons per year) for this source 
category. Behlehem Steel Corporation notes that sampling of Bethlehem 
Steel Corporation's sinter plant exhaust emissions, conducted to 
support the preparation of 1993 emission statements, has led to the 
conclusion that the actual VOC emission rate for Bethlehem Steel 
Corporation's sinter plant windbox exhausts is approximately 0.15 
pounds VOC per ton of sinter. Given the significant magnitude of the 
VOC emissions from this source category, the commentor believes the 
emissions inventory must be changed to take into account the measured 
emission rate. The commentor further recommends that other steel 
plants, in particular US Steel, should be requested to forward measured 
sinter plant windbox emission rates to further correct the base year 
emissions inventory.

Comment

    Bethlehem Steel Corporation raises a concern regarding the 
conversion of calculated annual emissions to ozone season daily 
emissions. The commentor notes that, for sinter plants with single 
sinter strands operating over 90 percent of the available hours in a 
year, the assumption that the non-operating hours each year are outside 
of the ozone season day is a reasonable assumption. However, for the US 
Steel plant, where each sinter plant is operated only 1,877 hours per 
year, the assumption that each plant emits 4.66 times its annual 
average daily emissions during the ozone season will significantly 
overestimate the likely ozone season daily emissions. It is unlikely 
that all three of US Steel's sinter plants would be operated on the 
same schedule during the ozone season. If actual 1990 ozone season 
operating information can not be obtained from US Steel, the three 
sinter plants should be treated as one for the purposes of calculating 
ozone season daily emissions. This would change the total ozone season 
daily VOC emission rate (using the 1.246 pounds VOC per ton of sinter 
emission rate) from 27,285 pounds per day to 9,039.3 pounds per day 
without reducing the reported annual emissions.

Comment

    Bethlehem Steel Corporation notes that the VOC emissions from coke 
oven underfiring have been measured for the Bethlehem Steel facility 
and it has been found that the level of VOC emissions depend 
significantly upon the condition of the individual battery. The 1993 
VOC emission rate for this source type was found to be 46.43 tons per 
year. IDEM's 1990 base year emissions inventory credits these sources 
with emissions of 2,339 tons VOC per year. The commentor believes that 
similar overestimates are present for other coke oven batteries 
addressed in the emissions inventory.

Comment

    Bethlehem Steel Corporation notes that other changes may be needed 
in the inventory based on actual emission measurements. Due to the 
shortness of the comment period for the direct final/proposed 
rulemaking, however, the commentor was unable to itemize other 
recommended emission changes. Bethlehem Steel Corporation recommends 
that the USEPA consider using actual emission measurements instead of 
assumed emission rates for the steel plants.
    Based on the above comments, Bethlehem Steel Corporation recommends 
that the USEPA disapprove Indiana's 1990 base year ozone precursor 
emissions inventory for Lake and Porter Counties.

III. State Response

    The IDEM has prepared responses to the comments presented above and 
has requested that these responses be included in the record of this 
rulemaking. The following summarizes IDEM's responses as conveyed in a 
September 12, 1994 letter from IDEM to the USEPA.
    First, IDEM notes that the 1990 base year emission inventory was 
intended by the Clean Air Act (Act) to be a ``snapshot in time'', a 
tool to be used by IDEM as it develops its attainment strategies. 
Bethlehem Steel's information, if accurate, may not be relevant to the 
1990 baseline operating conditions. Particularly for a facility as 
complicated as a steel mill, it is extremely difficult to establish a 
perfect inventory for a specific time period. When IDEM submitted the 
final inventory in January 1994, it represented IDEM's best effort, 
developed in accordance with USEPA procedures and incorporating an 
opportunity for public comment, for quantifying 1990 emissions. IDEM 
believes that the emission factors that it used for sinter plants were 
the appropriate ones based on USEPA guidance.
    Second, although the base year inventory was the subject of public 
review with opportunity for public comments during the State's 
development process, the commentor did not raise the above issues. A 
properly noticed public hearing was held in Gary, Indiana on July 1, 
1993. The commentor did not make any comments during that hearing, nor 
were written comments filed by the State's comment deadline of July 9, 
1993. If the commentor had major concerns about the accuracy of the 
inventory developed by IDEM, the State's public comment process was the 
appropriate mechanism for raising those concerns.
    Third, the primary issue raised by the commentor relates to the 
emission factors used to quantify emissions from one operation at the 
mill--the sinter plant. The method used to quantify the emissions from 
this particular type of facility is an extremely complex issue, for 
which there is considerable uncertainty, variation in time, and 
difference of approach.
    IDEM has commenced a State rulemaking to develop controls for 
emissions of VOC. As part of that rulemaking process, IDEM will 
directly raise the issue of emission factors with the steel companies 
and other interested parties. The results of that effort may lead IDEM 
to request a change in the 1990 base year emissions inventory. IDEM, 
however, does not at this time have sufficient information to conclude 
that changes in the 1990 base year emissions inventory are appropriate.

IV. USEPA Response

    With regard to the commentor's comments summarized in II. above, it 
is [[Page 377]] noted that the USEPA encourages the use of site-
specific emissions data if data acceptable to the State and the USEPA 
are available. The commentor should present all available sampling data 
and a discussion of the sampling procedures to the State for review. It 
is the State and not the USEPA that must determine whether these data 
warrant a revision to the 1990 base year emissions inventory. As noted 
in the State's response, the State may have some concerns regarding the 
acceptability of the source-specific emission factors for the sinter 
plant windboxes. Nonetheless, the State is encouraged to consider the 
data presented by the commentor, and, if appropriate, to revise the 
1990 base year emissions inventory through a SIP revision request (the 
emission adjustments recommended by the commentor, if accepted by the 
State, would warrant a SIP revision). The rulemaking process that has 
been initiated by the State is the appropriate forum for resolving this 
issue and should be completed in a timeframe that minimizes the need 
for related SIP revisions in the State's reasonable further progress 
and demonstration of attainment SIP currently under development by the 
State.
    The USEPA agrees with the State that the most appropriate time to 
have adjusted the emissions inventory was during the State's public 
review period. Requesting disapproval of the emissions inventory based 
on data collected more than one year after the public review period is 
needlessly disruptive to the State's SIP development process. USEPA 
agrees with the State that the State used the best available data at 
the time the emissions inventory was prepared. Therefore, the USEPA 
disagrees with the commentor that the emissions inventory should be 
disapproved now that new data may have come to light. The USEPA fully 
expects some base year emission inventories to be revised after-the-
fact through follow-up quality assurance checks and input of improved 
emission factors. Many States are pursuing such emissions inventory 
improvements. The USEPA does not wish to discourage such quality 
assurance efforts through disapproval of emission inventory SIP 
revisions based on emission factor changes made after the adoption and 
submittal of the base year emission inventories.
    With regard to the conversion of annual emissions to ozone season 
daily emissions, IDEM assumed for this source category that emissions 
occur uniformly throughout the year. Therefore, no distinction was made 
between hourly emission rates within the summer months (the months 
assumed to be associated with high ozone concentrations) and those from 
other months. Given the lack of season-specific and day-specific data, 
the approach taken by the State is acceptable. The fewer hours of 
sinter plant operation during 1990 at the US Steel facility would 
logically have led to higher per hour emission rates when annual 
emissions were converted to daily emissions by dividing the annual 
emissions by the hours of operation. IDEM's conversion procedures are 
acceptable to the USEPA.

V. Final Rulemaking Action

    The State of Indiana has met the requirements of the Act for the 
submittal of a base year ozone precursor emissions inventory. The USEPA 
approves Indiana's 1990 base year ozone precursor emissions inventory 
for Lake and Porter Counties. It is noted, however, that the State of 
Indiana will consider the issues raised by Bethlehem Steel Corporation, 
and may, dependent on the extent of the revisions needed in the 
emissions inventory, submit another base year emissions inventory SIP 
revision request in the future.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from Executive Order 12866 review.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to any SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, USEPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    The SIP approvals under section 110 and subchapter I, part D, of 
the Act do not create any new requirements, but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, I certify 
that it does not have a significant impact on small entities. Moreover, 
due to the nature of the Federal-State relationship under the Act, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Act forbids the USEPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 
(1976).
    Under Section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 6, 1995. 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, Carbon monoxide, 
Hydrocarbons, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: December 23, 1994.
Valdas V. Adamkus,
Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart P--Indiana

    2. Section 52.777 is amended by adding paragraph (j) to read as 
follows:


Sec. 52.777  Control strategy: Photochemical oxidants (hydrocarbons).

* * * * *
    (j) The base year ozone precursor emission inventory requirement of 
section 182(a)(1) of the Clean Air Act, as amended in 1990, has been 
satisfied for Lake and Porter Counties, Indiana.

[FR Doc. 95-148 Filed 1-3-95; 8:45 am]
BILLING CODE 6560-50-P