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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations
Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays and facility closures due to COVID19. We recommend that you telephone Andrew Lee, Physical Scientist, at 312 353
7645 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Andrew Lee, Physical Scientist, Attainment Planning and Maintenance Section, Air Programs Branch AR18J, Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 312 3537645, lee.andrew.c@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever we, us, or our is used, we mean EPA.
I. Background Information On February 11, 2021, EPA proposed to approve revisions to 326 Indiana Administrative Code IAC 74.17
Cokenergy and 326 IAC 74.18
IHCC to limit annual bypass venting of sulfur containing waste gases from a coking and power generating facility owned and operated by Indiana Harbor Coke Company and Cokenergy LLC in Lake County, Indiana. See 86 FR 9038.
The proposed revision for Cokenergy also requires it to operate and maintain a permanent SO2 flow rate monitor at the facility. The state of Indiana has requested these SIP revisions to satisfy the requirements of a Federal consent decree. An explanation of the Clean Air Act requirements, a detailed analysis of the revisions, and EPAs reasons for proposing approval were provided in the notice of proposed rulemaking NPRM and will not be restated here.

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II. Public Comments EPA provided a 30-day review and comment period for the February 11, 2021, proposed rule. The comment period ended on March 15, 2021. EPA
received a total of three comments, all from private citizens, on the proposed approval of this rule. Two comments were in support of the action and one comment was adverse. No further discussion of the supporting comments is necessary. EPA summarizes and responds to the adverse comment below.

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Comment: This rule should be more restricting on the harmful gases that are released into the atmosphere. The 19%
of coke waste that is pumped into our atmosphere 24 hours a day should be cut by at least 2% for the year 2021. The option for retubing defeats the new revision because it allows the company to continue to let a maximum of 14%
rather than the proposed 13%.
Response: The provision relating to 19% of the coke oven waste gases leaving the common tunnel was not reopened by our proposal and is not being revised by this rulemaking. As per the consent decree, Indiana was not required to amend the facilitys maximum percentage of coke oven gases leaving the common tunnel that can be vented into the atmosphere. Indiana has retained the original limit which was adopted to be protective of the previous SO2 standard. See 70 FR 56129. No one timely challenged that previous determination and it is too late to raise an objection now. As such, this portion of the comment is outside of the scope of this action.
In addition, the commentor raised a concern over the increase in bypass venting allowed during a retubing year. This term is defined in the proposed revision as a year in which there is a replacement of: 1
Waterwalls, evaporator tubes, economizer tubes, or superheater module pendants within the heat recovery steam generator; and 2
exterior casing, insulation, and refractory, as needed. To comply with the consent decree, IHCC and Cokenergy submitted to Indiana a request to lower the facilitys maximum bypass venting to 13%, down from previously allowed 14%, except during a heat recovery steam generator HRSG retubing year.
During a retubing year, the facility is allowed increase the bypass venting back up to the previously permissible maximum of 14% when at least 3.25%
of the bypass venting is due to the HRSG retubing. In any year, one or more HRSGs may be brought offline to replace parts that are prone to wear due to operating at extreme temperatures. The need to increase bypass venting arises from the fact that the facility is unable to construct redundant HRSGs that could accept the waste gas stream when the primary HRSG is offline. As such, when a HRSG is offline due to retubing, the facility will need to divert a higher percentage of the gas stream to the atmosphere through bypass venting.
This provision allows the facility to preserve its pollution control devices located downstream that cannot handle the high temperature of the gas stream that does not first go through a HRSG.

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EPA agrees with this technical justification for the need to allow increase bypass venting during a retubing year to the previously permissible 14%. Overall, this revision will lower the percentage of coke oven gases that are vented to the atmosphere via bypass venting.
III. Final Action EPA is approving Indianas July 10, 2020 request to revise 326 IAC 74.17
and 326 IAC 74.18. These SO2 SIP
revisions strengthen the SIP and fulfill the requirements of the Federal consent decree with Cokenergy LLC and IHCC.
IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana Regulations described in the amendments to 40 CFR
part 52 set forth below. 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.
Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.1
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. 7410k; 40 CFR 52.02a. Thus, in reviewing SIP submissions, EPAs 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 13563 76 FR 3821, January 21, 2011;
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FR 27968 May 22, 1997.

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