Approval and Promulgation of Implementation Plan; State of Indiana

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]

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