[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Proposed Rules]
[Pages 69198-69200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26467]



40 CFR Part 52

[EPA-R05-OAR-2020-0699; FRL-9318-01-R5]

Air Plan Approval; Indiana; ArcelorMittal Burns Harbor

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.


SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Indiana sulfur dioxide (SO2) State 
Implementation Plan (SIP) for the steel mill in Burns Harbor, Porter 
County, Indiana, formerly owned by ArcelorMittal Burns Harbor LLC and 
currently owned by Cleveland-Cliffs Burns Harbor LLC (the Burns Harbor 
plant). Final approval of these revisions would satisfy a provision in 
a Federal Settlement Agreement. EPA approval would also strengthen the 
Indiana SO2 SIP by lowering SO2 emission limits 
and adding SO2 compliance test procedures for the Burns 
Harbor plant. EPA is proposing to approve this SIP revision request.

DATES: Comments must be received on or before January 6, 2022.

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: Mary Portanova, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-5954, [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-

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background

    On December 10, 2009, the Indiana Department of Environmental 
Management (IDEM) submitted a site-specific SO2 SIP revision 
request to EPA for the Burns Harbor plant. The revised State rule 
removed the SO2 emission limit applicable to the blast 
furnace flare from SIP rule 326 Indiana Administrative Code (IAC) 7-4-
14. EPA proposed to disapprove this requested revision on March 20, 
2013 (78 FR 17157) and finalized its disapproval on December 27, 2013 
(78 FR 78720). The basis for this action was that IDEM had not provided 
an adequate demonstration that removing the flare limit would enable 
continued protection of the SO2 National Ambient Air Quality 
Standard (NAAQS or standard), as required by section 110(l) of the 
Clean Air Act (CAA).
    On February 25, 2014, ArcelorMittal Burns Harbor LLC filed a 
petition for review challenging EPA's action in the United States Court 
of Appeals for the Seventh Circuit. ArcelorMittal Burns Harbor LLC v. 
EPA, No. 1412. The Court of Appeals subsequently granted the State of 
Indiana's request to intervene as a Petitioner.
    On May 28, 2019, the parties entered a Settlement Agreement under 
which the State is required to adopt revised emission limits and other 
associated requirements into 326 IAC 7-4-14, as further discussed 
below. The parties entered into an Amended Settlement Agreement on 
March 23, 2021. On March 31, 2021, IDEM submitted revisions to 326 IAC 
7-4-14 to EPA as proposed SIP revisions.

II. What is contained in IDEM's SIP revision request?

    The revised rule 326 IAC 7-4-14(1) increases the blast furnace gas 
flare limit from 0.07 pounds SO2 per million British thermal 
units (lb/mmBtu) to 0.50 lb/mmBtu. The revision adds a blast furnace 
gas testing protocol in 326 IAC 7-4-14(1)(G), which includes a 
requirement to perform quarterly gas testing of blast furnace gas from 
blast furnaces C and D, and a requirement to use the test results to 
calculate the emission rate in lb/mmBtu associated with combusting the 
blast furnace gas.
    Additional revisions in 326 IAC 7-4-14(1) remove the limits and 
listing for the slab mill soaking pits and the 160-inch plate mill I & 
O furnace No. 8. The rule clarifies that those units have been 
permanently shut down (326 IAC 7-4-14 (1)(F)). The limits in pounds of 
SO2 per hour (lb/hr) for the 110-inch plate mill furnaces 
No. 1 and 2 and the 160-inch plate mill I & O furnaces No. 4, 5, 6, and 
7 have been reduced by 90 percent. The total lb/hr limit for the power 
station boilers No. 8, 9, 10, 11, and 12 has been reduced from 2,798 
lb/hr to 2,378 lb/hr. The rule revision also removes a separate set of 
alternative emission limits for the Burns Harbor plant's SO2 
emission units. The remaining emission limits in the rule are 
unchanged. Table 1 shows the emission limit changes.

                     Table 1--Emission Limit Changes and Closures at the Burns Harbor Plant
            Unit name                 Former fuel        Former limit        Revised fuel        Revised limit
Blast Furnace Gas Flare.........  Blast furnace gas.  0.07 lb/mmBtu.....  Blast furnace gas.  0.50 lb/mmBtu.
Slab Mill Soaking Pits: 9 of 32   Coke oven gas.....  482 lb/hr.........  Closed............  0.0 lb/hr.
 horizontally discharged.

[[Page 69199]]

Slab Mill Soaking Pits: 23 of 32  Blast furnace gas   24 lb/hr..........  Closed............  0.0 lb/hr.
 horizontally discharged.          or natural gas.
Slab Mill Soaking Pits Set of 4   Blast furnace or    4 lb/hr...........  Closed............  0.0 lb/hr.
 vertically discharged.            natural gas.
160 inch Plate Mill Continuous    ..................  299 lb/hr; 1.96 lb/ ..................  29.9 lb/hr; 1.96
 Reheat Furnace No. 1 and Boiler                       mmBtu.                                  lb/mmBtu.
 No. 1.
110 inch Plate Mill Furnaces No.  ..................  441 lb/hr; 1.96 lb/ ..................  44.1 lb/hr; 1.96
 1 and 2.                                              mmBtu.                                  lb/mmBtu.
160 inch Plate Mill I and O       ..................  274 lb/hr; 1.96 lb/ ..................  27.4 lb/hr; 1.96
 Furnaces No. 4 and 5.                                 mmBtu.                                  lb/mmBtu.
160 inch Plate Mill I and O       ..................  274 lb/hr; 1.96 lb/ ..................  27.4 lb/hr; 1.96
 Furnaces No. 6 and 7.                                 mmBtu.                                  lb/mmBtu.
160 inch Plate Mill I and O       ..................  176 lb/hr; 1.96 lb/ Closed............  0.0 lb/hr.
 Furnace No. 8.                                        mmBtu.
Power Station Boilers No. 8, 9,   ..................  2,798 lb/hr; 1.45   ..................  2,378 lb/hr; 1.45
 10, 11, and 12.                                       lb/mmBtu.                               lb/mmBtu.

III. CAA Section 110(l)

    Section 110(l) of the CAA provides that State submissions cannot be 
approved as SIP revisions if they interfere with applicable 
requirements concerning attainment and reasonable further progress. The 
Burns Harbor plant is located in Porter County, which is designated 
attainment/unclassifiable for the 2010 1-hour SO2 standard 
(86 FR 16055, March 26, 2021). EPA is proposing to find that the 
overall reductions in allowable SO2 emissions in IDEM's 
March 31, 2021 revised rule offset the effect of increasing the limit 
on the blast furnace gas flare. The rule revisions, which reflect the 
units that have new, lower emission limits and the closed units that no 
longer emit SO2, result in a reduction in total allowable 
SO2 emissions of 2,265.6 lb/hr. The increased allowable 
flare emissions are estimated at 8.89 lb/hr. The net result is an 
overall allowable SO2 emissions decrease of 2,256.7 lb/hr. 
The flare limit has been increased to allow the Burns Harbor plant 
operational flexibility, as the flare is a necessary safety device. In 
addition, the improved compliance and testing protocol will greatly 
improve the accuracy of the actual SO2 emissions 
calculations for blast furnace gas combustion. This is because having 
more accurate SO2 emissions information should help the 
Burns Harbor plant personnel properly evaluate and demonstrate its 
blast furnace flare compliance status. EPA believes that the March 31, 
2021 revised rule 326 IAC 7-4-14(1) will not adversely affect Porter 
County's maintenance of the 2010 1-hour SO2 standard. EPA 
proposes to find that IDEM's March 31, 2021 submittal is consistent 
with CAA section 110(l).

IV. What action is EPA taking?

    EPA is proposing to approve the March 31, 2021 SIP revision request 
for Indiana's SO2 rule 326 IAC 7-4-14(1) for the Burns 
Harbor plant. If approved, this revision would satisfy a provision in a 
Federal Settlement Agreement. It would also strengthen the Indiana 
SO2 SIP by lowering SO2 emission limits and 
adding improved SO2 compliance test procedures for the Burns 
Harbor plant.

V. 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 rule 326 IAC 7-4-14(1), effective March 20, 2021. 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);
     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 CAA; 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

[[Page 69200]]

substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

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: November 30, 2021.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2021-26467 Filed 12-6-21; 8:45 am]