6560-50-P
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.

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 [INSERT DATE 30
DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES:

Submit your comments, identified by Docket ID No.

EPA-R05-OAR-2023-0481 at https://www.regulations.gov, or via
email to langman.michael@epa.gov.

For comments submitted at

Regulations.gov, follow the online instructions for submitting
comments.

Once submitted, comments cannot be edited or removed

from the docket.
public docket.

EPA may publish any comment received to its
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, maietta.anthony@epa.gov.

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 requirements1.
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 more information about the specific SIP violations and agreed-upon
remedies, see the October 20, 2021, IDEM/Safety-Kleen Agreed Order on IDEM’s
web site at:
https://ecm.idem.in.gov/cs/idcplg?IdcService=GET_FILE&dID=83240074.

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.
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 permit2.

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.
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

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.

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 7-4.116(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 SafetyKleen 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 V423.

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 V307 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.
7410(k); 40 CFR 52.02(a).

42 U.S.C.

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 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: 6/21/2024 8:45 am; Publication Date: 6/24/2024]