[Federal Register Volume 69, Number 55 (Monday, March 22, 2004)]
[Rules and Regulations]
[Pages 13221-13225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6214]


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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. 
[email protected]

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 
[email protected]. 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]
BILLING CODE 6214-50-P