[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2520]
[[Page Unknown]]
[Federal Register: February 4, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AL15-1-6050; FRL-4829-4]
Approval and Promulgation of Implementation Plans Alabama:
Approval of Revisions to Alabama State Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the particulate emission
regulations of the Alabama State Implementation Plan (SIP) submitted by
the State of Alabama through the Alabama Department of Environmental
Management on September 23, 1985. The revisions include specific
regulations for coke ovens for Gulf States Steel Corporation, formerly
Gadsden Steel Company, formerly Republic Steel Corporation. These
regulations were revised to ensure that the National Ambient Air
Quality Standards (NAAQS) for particulate matter will continue to be
maintained in Etowah County, Alabama.
EFFECTIVE DATE: This action will be effective April 5, 1994, unless
notice is received by March 7, 1994, that someone wishes to submit
adverse or critical comments. If the effective date is delayed, timely
notice will be published in the Federal Register.
ADDRESSES: Copies of the State submittal are available for public
review at the following locations:
EPA, Attn: Jerry Kurtzweg, ANR 443, Environmental Protection Agency,
401 M Street SW., Washington DC 20460;
Joey LeVasseur, Regulatory Planning and Development Section, Air
Programs Branch, United States Environmental Protection Agency, Region
IV, 345 Courtland Street NE., Atlanta, Georgia, 30365.
Alabama Department of Environmental Management, 1751 Congressman W. L.
Dickinson Drive, Montgomery, Alabama, 36109.
FOR FURTHER INFORMATION CONTACT: Joey LeVasseur, Regulatory Planning
and Development Section, Air Programs Branch, United States
Environmental Protection Agency, Region IV, 345 Courtland Street NE.,
Atlanta, Georgia, 30365, (404) 347-2864.
SUPPLEMENTARY INFORMATION: On September 23, 1985, the State of Alabama
through the Alabama Department of Environmental Management submitted
revisions to the Alabama SIP to address air emissions from steel mills
located in Etowah County. The air quality with regard to particulate
matter in Etowah County, Alabama, is predominantly influenced by the
operation of Gulf States Steel Corporation. Therefore, mitigation
measures concentrate on those processes peculiar to the making of
steel. The following is a detailed summary of the revisions to the
Alabama SIP which EPA is approving in this action.
The State's original implementation plan for the control of
particulate emissions from steel mills contained two broadly applicable
regulations. Visible emissions were regulated by section 335-3-4-.01
(formerly 4.1) and the amount of particulate mass emitted was regulated
by the general process weight provisions of section 335-3-4-.04
(formerly 4.4). In general, those regulations adequately addressed
particulate emissions from stacks, but could not be effectively applied
to control process fugitive emissions. These regulations were difficult
to enforce because there was no easy or accurate way to measure actual
emissions.
In order to remedy the problems associated with these original
regulations, the State adopted source-specific regulations governing
the distinctive emission processes associated with coke making. The
coke oven regulations were adopted by the Alabama Air Pollution Control
Commission on June 12, 1974. The regulations were submitted to EPA for
approval as a revision to the Alabama SIP on June 20, 1974. EPA
approved the regulations on August 28, 1975 (40 FR 39503). A summary of
these coke oven emission regulations is provided in this notice in
order to provide an understanding of the control strategy pertinent to
this notice. Many of these regulations remain an integral part of the
strategy. The regulations were originally codified under section 4.9
but have been recodified as follows.
Section 335-3-4-.09(2)--This section requires that all reasonable
measures be applied to prevent emissions from the unloading and
transfer of coal and coke.
Section 335-3-4-.09(3), Charging--This section limits charging
emissions to less than 20 percent except for 3 minutes in any hour for
batteries with less than 70 ovens.
Section 335-3-4-.09(4), Pushing--This section forbids any visible
emissions greater that 40 percent during the pushing cycle except for
one push per hour (EPA approved this regulation April 4, 1979 (44 FR
20079)).
Section 335-3-4-.09(5)--This section limits visible emissions to 10
percent at the offtake piping and no more than 5 percent at the
charging lids.
Section 335-3-4-.09(6), Coke Oven Doors--This section provides that
there shall be no visible emissions from more than 15 percent of the
doors of the battery.
Section 335-3-4-.09(7)--This section describes the general
maintenance requirements for coke ovens.
Section 335-3-4-.09(8), Combustion Stacks--This section provides
that there shall be no visible emissions of an opacity greater than 20
percent from any stack except for 3 minutes in any consecutive 60
minutes.
Section 335-3-4-.09(9), Quenching--This section requires that
quench towers be provided with properly operating baffles and provides
for water quality guidelines.
EPA's analysis of emission reductions needed to achieve attainment
of the particulate matter NAAQS resulted in a finding that the proposed
pushing regulation (335-3-4-.09(4)) was inadequate. EPA, therefore,
took no official action on that regulation on August 28, 1975, when the
other regulations were approved, pending the conclusion of additional
studies. Consequently, the State's process weight and general opacity
regulations remained the only federally approved regulation for coke
oven pushing emissions. On April 4, 1979, EPA approved coke oven plan
revisions submitted on July 14, 1978, to attain the national standards
for particulate matter. These regulations were later relaxed to the
1975 version.
Neither of the two regulatory approaches heretofore described
contained specific regulations to limit fugitive particulate emissions
from road dust, parking lots, storage piles, etc. However, these
nontraditional fugitive emissions are now subject to limitations by
permit condition and by the terms of today's final rule.
On March 3, 1978, in accordance with section 107(d) of the CAA, EPA
designated the area surrounding the Gulf States Steel Corporation
facility in Etowah County, Alabama, as nonattainment for total
suspended particulates (TSP). Gulf States Steel Corporation remained
the dominant major point source contributing to the particulate
nonattainment problem in Etowah County.
Section 172 of the Clean Air Act (CAA) requires that plan revisions
assuring the attainment of the NAAQS for particulate matter are to
provide for the implementation of reasonably available control
technology (RACT) as expeditiously as practicable. In response to the
section 107(d) nonattainment designation and call for a particulate SIP
revision for Etowah and Jefferson Counties, Alabama revised its coke
oven pushing and charging regulations to require a RACT level of
control. These regulations were directed specifically to Jefferson and
Etowah Counties and were federally approved on April 4, 1979. These
regulations, however, were never implemented due to legal challenges to
the section 107 redesignation process. On procedural grounds, Republic
Steel and U.S. Steel challenged the validity of EPA's March 3, 1978,
designation of portions of Jefferson and Etowah Counties as
nonattainment areas for TSP.
On May 3, 1979, the 5th Circuit Court of Appeals (now the Eleventh
Circuit Court of Appeals) in Republic Steel vs. EPA and U.S. Steel vs.
EPA found that EPA had not adequately complied with the requirements of
the Administrative Procedure Act in its nonattainment designation
action, and directed EPA to initiate the designation process again. On
June 10, 1980, EPA again designated Etowah County as primary
nonattainment for TSP and directed the State to submit a SIP revision.
U.S. Steel and Republic Steel did not appeal this designation of
nonattainment by EPA.
In an order issued July 2, 1979, the Eleventh Circuit Court of
Appeals stayed the effective date of EPA's approval of the 1978 coke
pushing and charging regulations until the nonattainment designation
challenge was resolved. In a second order issued October 23, 1979,
further proceedings in the case were stayed pending EPA's final action
on any new SIP revision that might be required after finalization of
the nonattainment boundaries in Etowah and Jefferson Counties. As part
of the basis of the second stay, EPA agreed not to enforce the 1978
coke pushing regulations pending finalization of the nonattainment
boundaries and EPA's final action on any new SIP revision that may be
required. Thus, neither EPA nor the State enforced the 1978 coke oven
pushing and charging regulations.
In November 1984, the Eleventh Circuit Court of Appeals notified
the Department of Justice and counsel for U.S. Steel and Gadsden Steel
that the Court would not carry this case on its docket indefinitely and
directed counsel to confer and dispose of the case. U.S. Steel and
Gadsden Steel Company (formerly Republic Steel) requested that EPA's
action in adopting 1978 coke oven regulations be vacated or,
alternatively, that the July 1979 stay of enforcement of these
regulations be continued. EPA and the Justice Department disagreed with
the two steel companies, pointing out that the petition for review
lacked ``good cause'' in light of EPA's second (and unchallenged)
designation of parts of Jefferson and Etowah Counties as nonattainment
areas for total suspended particulate matter (TSP). EPA and the Justice
Department reasoned that the 1978 Alabama-submitted coke oven
regulations (which represented Reasonably Available Control Technology)
were needed due to the affected area's nonattainment status. The
parties failed to reach an agreement and filed legal briefs and
memoranda with the court.
On May 14, 1985, the Eleventh Circuit Court dismissed the steel
companies' petitions for review without prejudice. The dismissal of the
case dissolved the July 1979 agreement by EPA to stay enforcement of
the 1978 Alabama coke oven regulations. However, because of the
imminent approval status of this SIP revision, EPA has continued to
refrain from enforcement of the 1978 regulations. Regulations in this
SIP revision will supersede the 1978 coke oven regulations in Etowah
County.
A reduction in particulate emission levels has occurred at the Gulf
States Steel facility due to the enforcement of regulations applying to
steel mills adopted in 1974, along with a fugitive emissions control
program more recently implemented by Gulf States Steel Corporation. To
insure that the reductions associated with the fugitive emissions
control program will continue in the future, ADEM adopted regulations
requiring Gulf States Steel Corporation to continue efforts to reduce
fugitive emissions.
ADEM submitted SIP revisions on June 19, 1985, September 3, 1985,
and September 15, 1985, modifying the particulate control strategy for
Etowah County. The State requested that Etowah County be redesignated
to attainment for TSP. EPA has more recently adopted a particulate
matter standard based on particles with an aerodynamic diameter of less
than 10 microns (PM10). Under the 1990 Amendments, Etowah County does
not have to redesignate to attainment for TSP, and therefore, the EPA
is not acting on the request to redesignate.
The following is a list of the revisions made to Chapter 4 to
control particulate emissions. These revisions are being approved in
today's action.
335-3-4-.17(1) Visible Emissions from roof monitors or other
openings in the basic oxygen furnace (BOF) building, other than water
mist or vapor, shall not exceed a shade or density greater than twenty
percent (20%) opacity as determined on a three (3) minute rolling
average. Compliance shall be determined by using the procedures
specified at 40 CFR part 60, appendix A, Method 9 excluding section
2.5.
335-3-4-.17(2) All paved roads shall be vacuum swept or flushed of
surface material every third consecutive day. The vacuum sweeper shall
have a minimum blower capacity of 12,000 cfm and the flushing machine
shall dispense water at the rate of 0.32 gal/yd.\2\
335-3-4-.17(3) Paved parking areas shall be vacuum swept or
flushed of surface material every calendar quarter. The vacuum sweeper
shall have a minimum blower capacity of 12,000 cfm and the flushing
machine shall dispense water at the rate of 0.32 gal/yd.\2\
335-3-4-.17(4) Paved road or area flushing specified in sections
335-3-4-.17(2) and 335-3-4-.17(3) is not required when the temperature
is below 32 deg.F. Paved road or area cleaning is not required when
precipitation during the previous 24-hour period has exceeded 0.01
inches.
335-3-4-.17(5) Unpaved roads, traffic areas in the slag storage
area, and traffic areas in other material storage areas shall be
treated with petroleum resin, asphalt emulsion, or equivalent dust
suppressant on a quarterly or more frequent basis as determined by the
Director.
335-3-4-.17(6) Unpaved parking lots shall be treated with
petroleum, resin, asphalt emulsion, or equivalent dust suppressant on a
semi-annual basis.
335-3-4-.17(7) The petroleum resin or asphalt emulsion dust
suppressant required in sections 335-3-4-.17(5) and 335-3-4-.17(6)
shall be applied at a dilution ratio of 20% for the initial three
applications and 12% for subsequent applications. The suppressant shall
be applied at the rate of 0.75 gal/yd\2\ of diluted solution. Other
dust suppressants must be applied at an equivalent dilution ratio and
application rate as determined by the Director.
335-3-4-.17(8) The source shall maintain at its plant premises,
and make available for inspection, records documenting each occasion on
which paved areas are cleaned in accordance with sections 335-3-4-
.17(2) and 335-3-4-.17(3), and any occasion on which such paved areas
are not cleaned according to the required schedule, including any
justification for failure to meet the required schedule, such as
equipment breakdown or inclement weather conditions. The company shall
also maintain, and make available for inspection, records documenting
the frequency and amount of applications required by sections 335-3-4-
.17(5) and 335-3-4-.17(6). These records shall be maintained for a
minimum of two years following the date of the recorded information.
335-3-4-.17(9) The source shall, within 30 days of approval of
this section, notify the Department of a designated reclaim area on the
plant property and a designated paved road at its premises to be used
to transport molten slag from the basic oxygen furnace shop to the
reclaim area. These designations shall not be changed without the
written approval of the Director.
These regulations have resulted in an estimated particulate
emission reduction of 1400 tons/year and have allowed Etowah County to
demonstrate measured attainment of the NAAQS for PM10. EPA has
concluded that the revisions are sufficient to allow the area to
continue to attain and maintain the NAAQS for PM10. The approval of
these regulations is accompanied by the caveat that the levels of
control specified for blast furnace casthouses and coke batteries do
not, in the Agency's opinion, represent RACT and would not necessarily
be sufficient for nonattainment areas to achieve compliance with the
NAAQS. It should be noted that there are no sources affected by this
action which receive stack height credits above Good Engineering
Practice (GEP) or any other dispersion technique.
Final Action
EPA is approving the aforementioned revisions to the Alabama SIP.
These revisions are consistent with EPA policy and guidance. This
action is being taken without prior proposal because the changes are
noncontroversial and EPA anticipates no significant comments on them.
The public should be advised that this action will be effective April
5, 1994. However, if notice is received by March 7, 1994 that someone
wishes to submit adverse or critical comments, this action will be
withdrawn and two subsequent notices will be published before the
effective date. One notice will withdraw the final action and another
will begin a new rulemaking by announcing a proposal of the action and
establishing a comment period.
The Agency has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Amendments
enacted on November 15, 1990. The Agency has determined that this
action conforms with those requirements irrespective of the fact that
the submittal preceded the date of enactment.
Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1),
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by April 5,
1994. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for 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) of the CAA, 42 U.S.C. 7607 (b)(2).)
This action has been classified as a table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of
Management and Budget (OMB) waived tables 2 and 3 SIP revisions (54 FR
2222) from the requirements of section 3 of Executive Order 12291 for
two years. EPA has submitted a request for a permanent waiver for table
2 and table 3 SIP revisions. OMB has agreed to continue the waiver
until such time as it rules on EPA's request. This request continues in
effect under Executive Order 12866 which superseded Executive Order
12291 on September 30, 1993.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any SIP. Each request for revision to the 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., EPA
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, EPA may certify that the rule will not have a
significant 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.
SIP approvals under section 110 and subchapter I, part D of the CAA
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 any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: December 17, 1993.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52 of chapter I, title 40, 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 B--Alabama
2. Section 52.50 is amended by adding paragraph (c)(63) to read as
follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
(63) Provisions for coke ovens were submitted by the Alabama
Department of Environmental Management on September 25, 1985.
(i) Incorporation by reference
(A) Alabama Department of Environmental Management Administrative
Code, Chapter 335-3-4-.17, Steel Mills Located in Etowah County,
adopted September 18, 1985.
(ii) Other material.
(A) None.
* * * * *
[FR Doc. 94-2520 Filed 2-3-94; 8:45 am]
BILLING CODE 6560-50-P
