[Federal Register Volume 64, Number 40 (Tuesday, March 2, 1999)]
[Rules and Regulations]
[Pages 10105-10111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4576]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[AD-FRL-6234-8]
RIN 2060-AH95
Amendment to National Standards of Performance for Steel Plants:
Electric Arc Furnaces Constructed After October 21, 1974, and On or
Before August 17, 1983, and Electric Arc Furnaces Constructed After
August 17, 1983
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; amendments to rule.
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SUMMARY: This action amends the national standards of performance for
new stationary sources (NSPS) for electric arc furnaces (EAF)
constructed after October 21, 1974, and on or before August 17, 1983
(40 CFR part 60, subpart AA), and the NSPS for EAF constructed after
August 17, 1983 (40 CFR part 60, subpart AAa). Changes to both rules
are being made to add alternative requirements for the monitoring of
EAF capture systems in response to recommendations made by the Common
Sense Initiative (CSI) subcommittee on iron and steel. The CSI was
established by the Administrator to bring together affected
stakeholders to find cleaner, cheaper, and smarter environmental
management solutions.
In addition, the EPA is revising two definitions for consistency
and making a number of editorial changes. The EPA does not believe that
these editorial changes will affect the applicability or requirements
of the rule.
DATES: This rule will be effective without further notice on May 3,
1999 unless the Agency receives adverse comments by April 1, 1999.
Should the Agency receive such comments, it will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect. If a public hearing is requested, the comment
period will end 30 days after the date of the public hearing, in which
case EPA will publish a document in the Federal Register announcing the
hearing information and the extended comment period.
Public Hearing. Anyone requesting a public hearing must contact the
person listed below under FOR FURTHER INFORMATION CONTACT no later than
March 12, 1999. If a hearing is held, it will take place on March 17,
1999, beginning at 10:00 a.m.
ADDRESSES: Docket. Docket No. A-79-33, containing information
considered by the EPA in development of this action, is available for
public inspection and copying between 8:00 a.m. and 5:30 p.m., Monday
through Friday except for Federal holidays, at the following address:
U.S. Environmental Protection Agency, Air and Radiation Docket and
Information Center (MC-6102), 401 M Street, S.W., Washington, D.C.
20460; telephone (202) 260-7548. The docket is located at the above
address in Room M-1500, Waterside Mall (ground floor). A reasonable fee
may be charged for copying.
Comments. Written comments should be submitted to: Docket A-79-33,
U.S. EPA, Air & Radiation Docket & Information Center, 401 M Street,
S.W., Room 1500, Washington, D.C. 20460.
Hearing. Inquiries regarding a public hearing should be directed to
the person listed under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Metals Group,
Emission Standards Division (MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone (919)
541-2364.
SUPPLEMENTARY INFORMATION:
The EPA is publishing this rule without prior proposal because the
Agency views these amendments as noncontroversial and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to amend 40 CFR part 60, subpart AA and
40 CFR subpart AAa should adverse comments be filed. This rule will be
effective May 3, 1999 without further notice unless the Agency receives
adverse comments by April 1, 1999.
If EPA receives such comments, the Agency will publish a timely
withdrawal of the direct final rule informing the public that the rule
will not take effect. All public comments received will be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this rule. Parties interested in
commenting on this rule should do so
[[Page 10106]]
at this time. If no such comments are received, the public is advised
that this rule will be effective on May 3, 1999 and no further action
will be taken on the proposed rule.
The remainder of this preamble is organized as follows:
I. Background
A. Process Description
B. Current NSPS Shop Opacity Requirements
C. CSI Iron and Steel Subcommittee Recommendation
II. Summary of Amendments
A. Daily Visible Emissions Observations
B. Location of Static Pressure Monitor
C. Volumetric Flow Rate Monitoring
D. Corrections to Definitions and Editorial Changes
III. Administrative Requirements
A. Docket
B. Executive Order 12866
C. Unfunded Mandates Reform Act
D. Executive Order 12875
E. Executive Order 13084
F. Paperwork Reduction Act
G. Regulatory Flexibility
H. Submission to Congress and the General Accounting Office
I. National Technology Transfer and Advancement Act
J. Protection of Children from Environmental Health Risks and
Safety Risk Under Executive Order 13045
K. Judicial Review
I. Background
A. Process Description
An EAF is used to produce carbon and alloy steels (two digit SIC
Code 33--Primary Metal Industries). The input material to an EAF is
typically 100 percent scrap steel. Cylindrical, refractory lined EAF
are equipped with carbon electrodes to be raised or lowered through the
furnace roof. With electrodes retracted the furnace roof can be rotated
aside to permit the charge of scrap steel by overhead crane. Alloying
agents and fluxing materials usually are added through the doors on the
side of the furnace. Electric current of the opposite polarity is
passed between the electrodes and through the scrap, generating heat.
After melting and refining periods, the slag and steel are poured from
the furnace.
The production of steel in an EAF is a batch process. Cycles, or
``heats'', range from about 1\1/2\ to 5 hours to produce carbon steel
and from 5 to 10 hours to produce alloy steel. Scrap steel is charged
to begin a cycle, and alloying agents and slag materials are added for
refining. Stages of each cycle normally are charging, melting, refining
(which usually includes oxygen blowing), and tapping.
All of these operations generate particulate emissions. Emission
control techniques involve an emission capture system and a gas
cleaning system. Five emission capture systems used in the industry are
direct shell (fourth hole) evacuation, side draft hood, combination
hood, canopy hood, and furnace enclosures. Direct shell evacuation
(DEC) consists of ductwork attached to a separate, or fourth hole, in
the furnace roof which draws emissions to a gas cleaner. The direct
shell evacuation system works only when the furnace is up-right and the
roof is in place. The side draft hoods collect furnace off gases from
around the electrode holes and the work doors after the gases leave the
furnace. The combination hood incorporates elements from the side draft
and direct shell evacuation systems.
B. Current NSPS Shop Opacity Requirements
The NSPS for EAF constructed after October 21, 1974, and on or
before August 17, 1983 (40 CFR part 60, subpart AA) was first
promulgated in the Federal Register on September 23, 1975 (40 FR
43850). Subpart AA establishes a shop opacity limit of less than 6
percent during melting and refining, less than 20 percent during
charging, and less than 40 percent during tapping. Shop opacity is
defined in the rule as the arithmetic average of 24 or more opacity
observations of emissions from the shop taken in accordance with EPA
Reference Method 9. However, the shop opacity emission limits are only
applicable during periods when control system parameters are being
established. The rule relies on control system monitoring to ensure
adequate capture of emissions from the EAF.
The NSPS for EAF constructed after August 17, 1983 (40 CFR part 60,
subpart AAa) was first promulgated in the Federal Register on October
31, 1984 (49 FR 43845). Subpart AAa establishes a shop opacity limit of
less than 6 percent which is applicable at all times. Also, shop
opacity is defined as the arithmetic average of 24 opacity observations
of emissions from the shop taken in accordance with EPA Reference
Method 9.
In both subparts, when an owner or operator is required to
demonstrate compliance with the shop opacity limits, they are also
required to establish the furnace pressures (if a direct shell
evacuation capture system is used), and either the capture system fan
motor amperes and damper positions or the capture system flow rates in
each separately ducted hood. Once established, the owner or operator is
required to maintain these parameters (within certain tolerances) at
the levels established during the shop opacity compliance
demonstration. Monitoring of these parameters provides indirect
evidence of continued capture effectiveness.
C. CSI Iron and Steel Subcommittee Recommendation
The CSI Council is established under a charter approved pursuant to
the Federal Advisory Committee Act (FACA). The purpose of the CSI is to
advise, consult with, and make recommendations to the Administrator
with respect to matters pertaining to improvements in the nation's
pollution control and prevention programs. The CSI brings affected
stakeholders together to find cleaner, cheaper, and smarter
environmental management solutions. The CSI members consist of
independent experts selected from among the national and local
environmental interest groups, industry, State and local governments,
and other stakeholders such as labor organizations, environmental
justice organizations, and the Federal government. Six subcommittees
were created including the iron and steel subcommittee.
Today's action implements recommendations received from the CSI
Iron and Steel Subcommittee (Docket ID No. IV-B-4). Concerns were
raised to the CSI regarding the use of a pressure monitoring system in
the free space above an EAF when it is equipped with a direct shell
evacuation system. The free space above an EAF is subject to severe
conditions of high temperature and dust. Several owners and operators
have had problems with frequent plugging of the pressure monitoring
sensor. Due to the location of the sensor, maintenance and repair can
be both difficult and dangerous. Industry representatives sought a more
practical means of monitoring.
Following discussions and negotiations between the various
subcommittee members, the subcommittee recommended daily visible
emissions observations as an alternative to pressure monitoring. As
discussed above, pressure monitoring provides an indirect indication of
continued capture effectiveness. Daily visible emissions observations
will provide direct evidence of continued capture effectiveness.
The second concern regards the monitoring of fan amperage. Both
subparts give the owners and operators the option of either monitoring
flow rates in each separately ducted hood, or monitoring fan amperage
in conjunction with damper positions. Fan amperage is used as an
indicator of total flow rate.
[[Page 10107]]
A concern was raised that fan amperage was not necessarily directly
correlated to exhaust flow rates, and could be affected by other
factors such as ambient temperature. Therefore, it was recommended that
owners and operators be given the option to monitor total flow rate
directly, rather than using fan amperage as an indicator.
The CSI subcommittee also requested that the EPA clarify the
conditions under which alternative monitoring requirements can be
approved under 40 CFR 60.13(i). Section 60.13(i) states, ``After
receipt and consideration of written application, the Administrator may
approve alternatives to any monitoring procedures or requirements of
this part including, but not limited to the following: . . .'' A list
of conditions under which alternative monitoring requirements can be
approved is also provided. The EPA wishes to clarify that the list of
conditions given is not all inclusive. The Administrator may approve
alternatives due to other conditions based on his or her judgement that
an alternative monitoring procedure is warranted.
II. Summary of Amendments
The EPA is amending the two EAF rules to implement the CSI
recommendations. The changes will not remove any of the rules'
requirements, but will add alternative monitoring options that will
provide owners and operators more flexibility in complying with the
rules while not reducing environmental benefit. The EPA is also taking
this opportunity to make several minor editorial corrections to the
rules and to clarify two definitions. These amendments will (1) add
daily shop opacity observations as an alternative to monitoring furnace
static pressure for furnaces with DEC systems, (2) allow facilities to
locate the furnace static pressure monitor in the EAF or DEC duct prior
to the introduction of ambient air, (3) add control system volumetric
flow rate monitoring as an alternative to monitoring control system fan
amperage, and (4) make editorial changes and clarify definitions.
A. Daily Visible Emissions Observations
The EPA is amending both subpart AA and subpart AAa to allow daily
visual emissions observations as an alternative to furnace static
pressure monitoring. Under this alternative, an owner or operator will
be required to perform shop opacity observations once per day during a
meltdown and refining period. Records shall be maintained of all
observations, and observations of shop opacity at or above six percent
during a meltdown and refining period shall be reported to the
Administrator semi-annually as an excess emission.
B. Location of Static Pressure Monitor
The EPA is amending subpart AA to allow owners or operators to
locate the furnace static pressure monitor in the DEC duct prior to the
introduction of ambient air. This change is consistent with the
requirements in subpart AAa, and will provide greater flexibility in
locating the pressure sensors where plugging may not be as serious of a
problem.
C. Volumetric Flow Rate Monitoring
The EPA is amending both subpart AA and subpart AAa to allow
monitoring of exhaust flow rate at the inlet of the air pollution
control device as an alternative to monitoring fan amperage. Under this
alternative, the owner or operator is required to install, calibrate,
and maintain a monitoring device that continuously records the
volumetric flow rate at the air pollution control device inlet. A shop
opacity compliance demonstration will be performed to establish
volumetric flow rate and damper positions. Operations at volumetric
flow rates below the value established during the compliance
demonstration shall be reported to the Administrator semi-annually.
D. Corrections to Definitions and Editorial Changes
The EPA is making the following corrections and editorial changes
that were identified during the development of this amendment:
(1) The date in the title to subpart AAa is being corrected to
August 17, 1983. This change will not affect the applicability
determinations for any facilities since the date was correctly
identified in the applicability section, Sec. 60.270a.
(2) The definition of tapping period is being revised in subpart AA
and added to subpart AAa to account for bottom tapping furnaces, which
do not tilt.
(3) The definition of meltdown and refining period in subpart AA is
being revised to exclude periods where power to the EAF is off. This
change is being made to ensure that power to the EAF is on during shop
opacity observations. This definition is also being added to subpart
AAa for the purpose of consistency between the two rules.
(4) The reference to a 15-minute integrated average for the furnace
static pressure is being removed from subpart AAa, Sec. 60.274a(g).
Unlike subpart AA, subpart AAa does not require continuous recording of
pressure, and does not contain any requirements for establishing a 15-
minute integrated average.
III. Administrative Requirements
A. Docket
The docket is an organized and complete file of all the information
considered by the EPA in the development of this rulemaking. The docket
is a dynamic file, since material is added throughout the rulemaking
development. The docket system is intended to allow members of the
public and affected industries to readily identify and locate documents
so that they can effectively participate in the rulemaking process.
Along with the background information documents (BIDs) and preambles to
the proposed and promulgated standards, the contents of the docket,
excluding interagency review materials, will serve as the official
record in case of judicial review (section 307(d)(7)(A) of the Act).
B. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether a regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Executive Order defines ``significant regulatory
action'' as one that is likely to result in a rule that may:
(1) Have a annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that these amendments to the final EAF rules
are not a ``significant regulatory action'' under the terms of the
Executive Order and are therefore not subject to OMB review.
C. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private
[[Page 10108]]
sector. Under section 202 of the UMRA, EPA generally must prepare a
written statement, including a cost-benefit analysis, for proposed and
final rules with ``Federal mandates'' that may result in expenditures
to State, local, and tribal governments, in the aggregate, or to the
private sector, of $100 million or more in any one year. Before
promulgating an EPA rule for which a written statement is needed,
section 205 of the UMRA generally requires EPA to identify and consider
a reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. This action only provides affected EAF owners
and operators with alternative monitoring options. Thus, today's rule
is not subject to the requirements of sections 202 and 205 of the UMRA.
D. Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's amendments do not create a mandate on State, local or tribal
governments. The amendments do not impose any enforceable duties on
these entities. Accordingly, the requirements of section 1(a) of
Executive Order 12875 do not apply to these amendments.
E. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's
amendments do not significantly or uniquely affect the communities of
Indian tribal governments. This action only provides affected EAF
owners and operators with alternative monitoring options. Accordingly,
the requirements of section 3(b) of Executive Order 13084 do not apply
to this action.
F. Paperwork Reduction Act
The Office of Management and Budget (OMB) approved the information
collection requirements contained in the two final EAF rules under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
assigned the OMB control number 2060-0038.
The information collection requirements in these amendments will be
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
information Collection Request (ICR) document has been prepared by EPA
(ICR No. 1060.09) and copies may be obtained from Sandy Farmer by mail
at OP Regulatory Information Division; U.S. Environmental Protection
Agency (2137); 401 M St., S.W.; Washington, DC 20460, by email at
farmer.sandy@epa.gov, or by calling (202) 260-2740. A copy may also be
downloaded off the Internet at http://www.epa.gov/icr. The information
requirements in these amendments are not effective until OMB approves
them.
The new information requirements are based on recordkeeping, and
reporting requirements in the NSPS general provisions (40 CFR part 60,
subpart A), which are mandatory for all owners or operators of sources
subject to new source performance standards. These recordkeeping and
reporting requirements are specifically authorized by section 114 of
the Act (42 U.S.C. 7414). All information submitted to the EPA pursuant
to the recordkeeping and reporting requirements for which a claim of
confidentiality is made is safeguarded according to Agency procedures
set forth in 40 CFR part 2, subpart B.
The annual increase to monitoring, recordkeeping, and reporting
burden for this amendment is estimated at 11,375 labor hours at a total
cost of $398,238.75 nationwide, and the annual average increase in
burden is 175 labor hours and $6,126.75 per source. This estimate
includes daily shop opacity observations and associated semi-annual
excess emissions reports and recordkeeping. There will be no increase
in annualized capital/startup costs as a result of the new alternative
monitoring requirements.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of
[[Page 10109]]
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.
Send comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden, including through the use of
automated collection techniques to the Director, OP Regulatory
Information Division; U.S. Environmental Protection Agency (2137); 401
M St., S.W.; Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th St.,
N.W., Washington, DC 20503, marked ``Attention: Desk Officer for EPA.''
Comments are requested within April 1, 1999. Include the ICR number in
any correspondence.
G. Regulatory Flexibility
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule. This rule only
provides alternative compliance options designed to provide facilities
with increased flexibility. As such, the EPA has determined that this
rule will not have a significant economic impact on a substantial
number of small entities.
H. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This action will be effective May 3, 1999 unless the Agency
receives adverse comments by April 1, 1999.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., material specifications, test methods,
sampling and analytical procedures, business practices) that are
developed or adopted by voluntary consensus standards bodies. The NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable voluntary consensus
standards. This action does not involve technical standards other than
those already specified in the original EAF rules.
J. Protection of Children from Environmental Health Risks and Safety
Risk Under Executive Order 13045
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that (1): Is determined to be ``economically significant''
as defined under E.O. 12866, and (2) concerns an environmental health
or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This action is not subject to E.O. 13045
because it does not establish an environmental standard intended to
mitigate health or safety risks.
K. Judicial Review
Under section 307(b)(1) of the Act, judicial review of a NSPS is
available only by filing a petition for review in the U.S. Court of
Appeals for the District of Columbia Circuit within 60 days of today's
publication of this final rule. Under section 307(b)(2) of the Act, the
requirements that are the subject of today's action may not be
challenged later in civil or criminal proceedings brought by the EPA to
enforce these requirements.
List of Subjects in 40 CFR Part 60
Environmental protection, Air pollution control, Electric arc
furnace, Monitoring requirements, Reporting and recordkeeping
requirements.
Dated: February 17, 1999.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble title 40, chapter I, of the
Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
1. The authority for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7413, 7414, 7416, 7429, 7601
and 7602.
2. Section 60.271 is amended by revising paragraphs (h) and (j) to
read as follows:
Sec. 60.271 Definitions.
* * * * *
(h) Tapping period means the time period commencing at the moment
an EAF begins to pour molten steel and ending either three minutes
after steel ceases to flow from an EAF, or six minutes after steel
begins to flow, whichever is longer.
* * * * *
(j) Meltdown and refining period means the time period commencing
at the termination of the initial charging period and ending at the
initiation of the tapping period, excluding any intermediate charging
periods and times when power to the EAF is off.
* * * * *
3. Section 60.272 is amended by revising paragraph (a)(3)(iii) to
read as follows:
Sec. 60.272 Standard for particulate matter.
* * * * *
(a) * * *
(3) * * *
(iii) The shop opacity standards under paragraph (a)(3) of this
section shall apply only during periods when the monitoring parameter
limits specified in Sec. 60.274(b) are being established according to
Sec. 60.274(c) and (g), unless the owner or operator elects to perform
daily shop opacity observations in lieu of furnace static pressure
monitoring as provided for under Sec. 60.273(d).
* * * * *
4. Section 60.273 is amended by revising paragraph (b) and adding
paragraph (d) to read as follows:
Sec. 60.273 Emission monitoring.
* * * * *
[[Page 10110]]
(b) For the purpose of reports under Sec. 60.7(c), all six-minute
periods during which the average opacity is three percent or greater
shall indicate a period of excess emission, and shall be reported to
the Administrator semi-annually.
* * * * *
(d) A furnace static pressure monitoring device is not required on
any EAF equipped with a DEC system if observations of shop opacity are
performed by a certified visible emission observer as follows: Shop
opacity observations shall be conducted at least once per day when the
furnace is operating in the meltdown and refining period. Shop opacity
shall be determined as the arithmetic average of 24 or more consecutive
15-second opacity observations of emissions from the shop taken in
accordance with Method 9. Shop opacity shall be recorded for any
point(s) where visible emissions are observed in proximity to an
affected EAF. Where it is possible to determine that a number of
visible emission sites relate to only one incident of visible
emissions, only one observation of shop opacity will be required. In
this case, the shop opacity observations must be made for the site of
highest opacity that directly relates to the cause (or location) of
visible emissions observed during a single incident.
5. Section 60.274 is amended by revising paragraphs (b), (c), (f)
and (g) to read as follows:
Sec. 60.274 Monitoring of operations.
* * * * *
(b) Except as provided under paragraph (d) of this section, the
owner or operator subject to the provisions of this subpart shall check
and record on a once-per-shift basis furnace static pressure (if a DEC
system is in use, and a furnace static pressure gauge is installed
according to paragraph (f) of this section) and either: check and
record the control system fan motor amperes and damper positions on a
once-per-shift basis; install, calibrate, and maintain a monitoring
device that continuously records the volumetric flow rate through each
separately ducted hood; or install, calibrate, and maintain a
monitoring device that continuously records the volumetric flow rate at
the control device inlet and check and record damper positions on a
once-per-shift basis. The monitoring device(s) may be installed in any
appropriate location in the exhaust duct such that reproducible flow
rate monitoring will result. The flow rate monitoring device(s) shall
have an accuracy of 10 percent over its normal operating
range and shall be calibrated according to the manufacturer's
instructions. The Administrator may require the owner or operator to
demonstrate the accuracy of the monitoring device(s) relative to
Methods 1 and 2 of appendix A of this part.
(c) When the owner or operator of an EAF is required to demonstrate
compliance with the standards under Sec. 60.272(a)(3) and at any other
time the Administrator may require that (under section 114 of the Act,
as amended) either: the control system fan motor amperes and all damper
positions; the volumetric flow rate through each separately ducted
hood; or the volumetric flow rate at the control device inlet and all
damper positions shall be determined during all periods in which a hood
is operated for the purpose of capturing emissions from the EAF subject
to paragraph (b)(1) or (b)(2) of this section. The owner or operator
may petition the Administrator for reestablishment of these parameters
whenever the owner or operator can demonstrate to the Administrator's
satisfaction that the EAF operating conditions upon which the
parameters were previously established are no longer applicable. The
values of these parameters as determined during the most recent
demonstration of compliance shall be maintained at the appropriate
level for each applicable period. Operation at other than baseline
values may be subject to the requirements of Sec. 60.276(a).
* * * * *
(f) Except as provided for under Sec. 60.273(d), where emissions
during any phase of the heat time are controlled by use of a direct
shell evacuation system, the owner or operator shall install,
calibrate, and maintain a monitoring device that continuously records
the pressure in the free space inside the EAF. The pressure shall be
recorded as 15-minute integrated averages. The monitoring device may be
installed in any appropriate location in the EAF or DEC duct prior to
the introduction of ambient air such that reproducible results will be
obtained. The pressure monitoring device shall have an accuracy of
5 mm of water gauge over its normal operating range and
shall be calibrated according to the manufacturer's instructions.
(g) Except as provided for under Sec. 60.273(d), when the owner or
operator of an EAF is required to demonstrate compliance with the
standard under Sec. 60.272(a)(3) and at any other time the
Administrator may require (under section 114 of the Act, as amended),
the pressure in the free space inside the furnace shall be determined
during the meltdown and refining period(s) using the monitoring device
under paragraph (f) of this section. The owner or operator may petition
the Administrator for reestablishment of the 15-minute integrated
average pressure whenever the owner or operator can demonstrate to the
Administrator's satisfaction that the EAF operating conditions upon
which the pressures were previously established are no longer
applicable. The pressure determined during the most recent
demonstration of compliance shall be maintained at all times the EAF is
operating in a meltdown and refining period. Operation at higher
pressures may be considered by the Administrator to be unacceptable
operation and maintenance of the affected facility.
* * * * *
6. Section 60.276(d) is added to read as follows:
Sec. 60.276 Recordkeeping and reporting requirements.
* * * * *
(d) The owner or operator shall maintain records of all shop
opacity observations made in accordance with Sec. 60.273(d). All shop
opacity observations in excess of the emission limit specified in
Sec. 60.272(a)(3) of this subpart shall indicate a period of excess
emission, and shall be reported to the Administrator semi-annually,
according to Sec. 60.7(c).
7. The Title to subpart AAa is revised to read as follows:
Subpart AAa--Standards of Performance for Steel Plants: Electric
Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed
After August 17, 1983
8. Section 60.271a is amended by adding the following definition in
alphabetical order:
Sec. 60.271a Definitions.
* * * * *
Meltdown and refining period means the time period commencing at
the termination of the initial charging period and ending at the
initiation of the tapping period, excluding any intermediate charging
periods and times when power to the EAF is off.
* * * * *
Tapping period means the time period commencing at the moment an
EAF begins to pour molten steel and ending either three minutes after
steel ceases to flow from an EAF, or six minutes after steel begins to
flow, whichever is longer.
* * * * *
[[Page 10111]]
9. Section 60.273a(d) is added to read as follows:
Sec. 60.273a Emission monitoring.
* * * * *
(d) A furnace static pressure monitoring device is not required on
any EAF equipped with a DEC system if observations of shop opacity are
performed by a certified visible emission observer as follows: Shop
opacity observations shall be conducted at least once per day when the
furnace is operating in the meltdown and refining period. Shop opacity
shall be determined as the arithmetic average of 24 consecutive 15-
second opacity observations of emissions from the shop taken in
accordance with Method 9. Shop opacity shall be recorded for any
point(s) where visible emissions are observed. Where it is possible to
determine that a number of visible emission sites relate to only one
incident of visible emissions, only one observation of shop opacity
will be required. In this case, the shop opacity observations must be
made for the site of highest opacity that directly relates to the cause
(or location) of visible emissions observed during a single incident.
10. Section 60.274a is amended by revising paragraphs (b), (c),
(f), and (g) to read as follows:
Sec. 60.274a Monitoring of operations.
* * * * *
(b) Except as provided under paragraph (d) of this section, the
owner or operator subject to the provisions of this subpart shall check
and record on a once-per-shift basis the furnace static pressure (if
DEC system is in use, and a furnace static pressure gauge is installed
according to paragraph (f) of this section) and either: check and
record the control system fan motor amperes and damper position on a
once-per-shift basis; install, calibrate, and maintain a monitoring
device that continuously records the volumetric flow rate through each
separately ducted hood; or install, calibrate, and maintain a
monitoring device that continuously records the volumetric flow rate at
the control device inlet and check and record damper positions on a
once-per-shift basis. The monitoring device(s) may be installed in any
appropriate location in the exhaust duct such that reproducible flow
rate monitoring will result. The flow rate monitoring device(s) shall
have an accuracy of 10 percent over its normal operating
range and shall be calibrated according to the manufacturer's
instructions. The Administrator may require the owner or operator to
demonstrate the accuracy of the monitoring device(s) relative to
Methods 1 and 2 of appendix A of this part.
(c) When the owner or operator of an affected facility is required
to demonstrate compliance with the standards under Sec. 60.272a(a)(3)
and at any other time the Administrator may require that (under section
114 of the Act, as amended) either: the control system fan motor
amperes and all damper positions; the volumetric flow rate through each
separately ducted hood; or the volumetric flow rate at the control
device inlet and all damper positions shall be determined during all
periods in which a hood is operated for the purpose of capturing
emissions from the affected facility subject to paragraph (b)(1) or
(b)(2) of this section. The owner or operator may petition the
Administrator for reestablishment of these parameters whenever the
owner or operator can demonstrate to the Administrator's satisfaction
that the affected facility operating conditions upon which the
parameters were previously established are no longer applicable. The
values of these parameters as determined during the most recent
demonstration of compliance shall be maintained at the appropriate
level for each applicable period. Operation at other than baseline
values may be subject to the requirements of Sec. 60.276a(c).
* * * * *
(f) Except as provided for under Sec. 60.273a(d), if emissions
during any phase of the heat time are controlled by the use of a DEC
system, the owner or operator shall install, calibrate, and maintain a
monitoring device that allows the pressure in the free space inside the
EAF to be monitored. The monitoring device may be installed in any
appropriate location in the EAF or DEC duct prior to the introduction
of ambient air such that reproducible results will be obtained. The
pressure monitoring device shall have an accuracy of 5 mm
of water gauge over its normal operating range and shall be calibrated
according to the manufacturer's instructions.
(g) Except as provided for under Sec. 60.273a(d), when the owner or
operator of an EAF controlled by a DEC is required to demonstrate
compliance with the standard under Sec. 60.272a(a)(3), and at any other
time the Administrator may require (under section 114 of the Clean Air
Act, as amended), the pressure in the free space inside the furnace
shall be determined during the meltdown and refining period(s) using
the monitoring device required under paragraph (f) of this section. The
owner or operator may petition the Administrator for reestablishment of
the pressure whenever the owner or operator can demonstrate to the
Administrator's satisfaction that the EAF operating conditions upon
which the pressures were previously established are no longer
applicable. The pressure determined during the most recent
demonstration of compliance shall be maintained at all times when the
EAF is operating in a meltdown and refining period. Operation at higher
pressures may be considered by the Administrator to be unacceptable
operation and maintenance of the affected facility.
* * * * *
11. Section 60.276a(g) is added to read as follows:
Sec. 60.276a Recordkeeping and reporting requirements.
* * * * *
(g) The owner or operator shall maintain records of all shop
opacity observations made in accordance with Sec. 60.273a(d). All shop
opacity observations in excess of the emission limit specified in
Sec. 60.272a(a)(3) of this subpart shall indicate a period of excess
emission, and shall be reported to the administrator semi-annually,
according to Sec. 60.7(c).
[FR Doc. 99-4576 Filed 3-1-99; 8:45 am]
BILLING CODE 6560-50-P
