[Federal Register Volume 89, Number 121 (Monday, June 24, 2024)]
[Proposed Rules]
[Pages 52413-52415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13601]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2023-0481; FRL-11913-01-R5]


Air Plan Approval; Indiana; Sulfur Dioxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In accordance with the Clean Air Act, the Environmental 
Protection Agency (EPA) is proposing to approve a September 11, 2023, 
State Implementation Plan (SIP) submittal from the Indiana Department 
of Environmental Management (IDEM), with information supplemented by a 
March 11, 2024, letter to EPA. This SIP submittal requests EPA approval 
of a revision to the monitoring and compliance requirements for certain 
process heater stacks at Safety-Kleen Oil Recovery Company in Lake 
County, Indiana. The submittal also requests EPA approval of a small 
language clarification and equipment listing revisions. Safety-Kleen is 
subject to emissions limits and monitoring and reporting requirements 
in the Indiana SIP for sulfur dioxide (SO2) located at title 
326 of the Indiana Administrative Code (IAC).

DATES: Comments must be received on or before July 24, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2023-0481 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 the docket. EPA may publish 
any comment received to its public docket. Do not submit to EPA's 
docket at https://www.regulations.gov any information you consider to 
be Confidential Business Information (CBI), Proprietary Business 
Information (PBI), 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, 
PBI, or multimedia submissions, and general guidance on making 
effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Air and Radiation 
Division (AR18J), Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8777, 
[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.

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

I. What is the background for this action?

    The Indiana SIP, at 326 IAC 7-4.1-16 Safety-Kleen Oil Recovery 
Company sulfur dioxide emission limitations, sets SO2 
emissions limits for process heaters located at Safety-Kleen's Lake 
County facility. The SO2 limits are:

--14 pounds per hour and 60 tons per year for process heaters H-201 and 
H-301 (combined),
--10.8 pounds per hour and 47.3 tons per year for process heaters H-401 
and H-402 (combined), and
--8 pounds per hour for process heater H-406.

    The SIP provides Safety-Kleen with compliance options for the 
process heaters' SO2 limits, either by installing and 
operating a continuous emission monitoring system (CEMS) or by fuel 
sampling and off-gas analysis of sulfur content for each fuel tank. 
Safety-Kleen chose to utilize the fuel sampling and off-gas analysis 
option for all of its process heaters.
    Between 2015 and 2021, Safety Kleen violated its SO2 
emission limit and monitoring and compliance requirements set forth in 
326 IAC 7-4.1-16. On October 20, 2021, IDEM and Safety-Kleen signed an 
Agreed Order to resolve violations of the SO2 emission 
limits and monitoring and compliance

[[Page 52414]]

requirement.\1\ Pursuant to the Agreed Order, Safety-Kleen agreed to 
install and operate SO2 CEMS on process heaters H-201 and H-
401. The CEMS for these process heaters must be operated in accordance 
with Indiana's rules for operation of CEMS, located in the Indiana SIP 
at 326 IAC 3-5. IDEM reviewed 5 years of historical emissions data from 
process heater H-406 which showed it emitted 0.34 pounds per day on 
average, well below the eight pounds per hour SIP limit. As a result, 
process heater H-406 could continue to utilize the off-gas stream and 
fuel tank analysis compliance option.
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    \1\ For more information about the specific SIP violations and 
agreed-upon remedies, see the October 20, 2021, IDEM/Safety-Kleen 
Agreed Order on IDEM's website at: https://ecm.idem.in.gov/cs/idcplg?IdcService=GET_FILE&dID=83240074.
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    326 IAC 7-4.1-16 was revised to codify provisions of the Agreed 
Order into the Indiana SIP. IDEM also revised 326 IAC 7-4.1-16 to 
reflect equipment changes at the facility in its title V operating 
permit.\2\ IDEM removed decommissioned boilers from a list of boilers 
in the rule that must use natural gas, while adding a new boiler to 
that list. IDEM also clarified a paragraph of the rule indicating the 
vessel which must supply off-gas to process heater H-406. These 
revisions will be discussed in more detail in the next section.
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    \2\ See IDEM's approval of Minor Source Modification No.: 089-
45246-00301 for Safety-Kleen Systems, Inc. in East Chicago, Indiana 
dated April 1, 2022, at https://permits.air.idem.in.gov/45246f.pdf.
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II. What revisions have been made to the SO2 SIP for Safety-Kleen Oil 
Recovery Company's Lake County facility?

    On September 6, 2023, IDEM published a final rulemaking in the 
Indiana Register approving revisions to 326 IAC 7-4.1-16. IDEM 
initiated an initial public comment period for the draft rulemaking 
from February 16-March 18, 2022, with a second public comment period 
held from August 10-September 9, 2022. No comments were received during 
those periods. IDEM also held a public hearing for the draft rule on 
November 9, 2022, and another public hearing on the final rule on March 
8, 2023. No comments were received at either public hearing.
    IDEM revised 326 IAC 7-4.1-16 to remove the off-gas and fuel 
sampling compliance method option in order to meet the SO2 
limits for process heaters H-201 and H-401 at 326 IAC 7-4.1-16(5)(A). 
This paragraph was revised to leave only process heater H-406 as able 
to determine compliance with off-gas and fuel sampling methods because 
of its low hourly SO2 emissions as described above. 
Paragraph 7-4.1-16(B) was revised to indicate that process heaters H-
201 and H-401 must install and operate SO2 CEMS in order to 
comply with the SO2 limits in this rule. The remainder of 
the paragraphs in this rule were re-ordered to accommodate these 
revisions in the rule's paragraph list order. Among the re-ordered 
paragraphs are the unchanged compliance methods of fuel and off-gas 
sampling for the remaining Safety-Kleen process heaters. These 
revisions for process heaters H-201 and H-401 are approvable into the 
Indiana SIP because the CEMS is a more comprehensive and immediate 
testing and compliance method than the off-gas and fuel tank sampling 
process. This allows Safety-Kleen and IDEM to identify and respond to 
elevated SO2 emissions from these process heaters.
    The September 6, 2023, IDEM rulemaking also approved a revision to 
paragraph 7-4.1-16(1) updating the list of boilers that must use 
natural gas as a fuel source by removing boilers SB-801 and SB-821 and 
by adding boiler SB-822. The list of boilers was revised to reflect the 
decommissioning of SB-801 and SB-821, and the addition of SB-822 which 
was approved for construction in Safety-Kleen's April 1, 2022, permit 
modification. The revision is approvable because it clarifies which 
boilers must use the natural gas fuel source and reflects the unit 
currently operating at the Safety-Kleen facility while removing 
decommissioned units from the rule.
    Paragraph 7-4.1-16(4) was revised to clarify that process heater H-
406 must additionally be fed by off-gas from vessel V-423. This 
revision was made to ensure that the low-sulfur off-gas from vessel V-
423 only feeds to H-406 (which averages 0.34 pounds per day of 
SO2). This revision is also in accordance with the 
facility's operating permit, which prohibits process heater H-406 from 
being fed by higher-sulfur off gases from vessels V-307 and V-410. This 
is approvable because the revision clarifies that process heater H-406 
must use a lower-sulfur off gas.
    Lastly, the September 6, 2023, IDEM rulemaking clarified portions 
of 326 IAC 7-4.1-16, primarily replacing the word ``shall'' with the 
word ``must'' at various locations in the rule when describing actions 
Safety-Kleen must undertake to comply with the SO2 emissions 
limits and compliance requirements. The final clarification revision 
involves a unit listing of millions of British thermal units per hour 
in paragraph 7-4.1-16(5)(C), which has been revised to ``MMBtu per 
hour'' from ``MMBtu/hr''. These revisions are approvable because the 
changes in wording clarify the requirements in the rule as they apply 
to the affected entity.

III. What action is EPA taking?

    EPA is proposing to approve into the Indiana SIP revisions to 326 
IAC 7-4.1-16, as contained in Indiana's September 11, 2023, submittal 
and clarified through a March 11, 2024, letter to EPA.

IV. 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 7-4.1-16, effective August 11, 2023, 
discussed in section III 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).

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air Act 
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 Clean Air Act. 
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

[[Page 52415]]

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 rulemaking 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 EJ considerations as part of its SIP 
submittal; the Clean Air Act and applicable implementing regulations 
neither prohibit nor require such an evaluation. EPA did not perform an 
EJ analysis and did not consider EJ in this 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. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving EJ for people of color, low-income populations, 
and Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Sulfur oxides.

    Dated: June 14, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024-13601 Filed 6-21-24; 8:45 am]
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