Amendments to National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities, 72727-72731 [E8-28455]

Download as PDF Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Rules and Regulations (3) For all such compositions in the repertory of SESAC, $120 annually. * * * * * Dated: November 25, 2008. James Scott Sledge, Chief Copyright Royalty Judge. [FR Doc. E8–28466 Filed 11–28–08; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2004–0083; FRL–8747–1] RIN 2060–AM71 Amendments to National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities Environmental Protection Agency (EPA). ACTION: Direct final rule. erowe on PROD1PC63 with RULES AGENCY: SUMMARY: EPA is taking direct final action to amend the national emission standards for electric arc furnace (EAF) steelmaking facilities that are area sources of hazardous air pollutants published on December 28, 2007. The amendments to the area source standards for EAF steelmaking facilities clarify applicability of the opacity limit, make the performance test requirements for particulate matter consistent with requirements in the new source performance standards for EAF steelmaking facilities, allow title V test data to be used to demonstrate compliance, and revise the definition of ‘‘scrap provider’’ to include EAF steelmaking facilities that own and operate a scrap shredder. DATES: This final rule is effective on March 2, 2009 without further notice, unless EPA receives significant adverse comment by December 31, 2008. If the effective date is delayed, timely notice will be published in the Federal Register. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that some or all of the amendments in this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2004–0083 by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov. • Fax: (202) 566–9744. • Mail: National Emission Standards for Hazardous Air Pollutants for Area VerDate Aug<31>2005 14:32 Nov 28, 2008 Jkt 217001 Sources: Electric Arc Furnace Steelmaking Facilities Docket, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. • Hand Delivery: EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2004– 0083. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the National Emission Standards for PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 72727 Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Mr. Phil Mulrine, Sector Policies and Programs Division, Office of Air Quality Planning and Standards (D243–02), Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone number: (919) 541– 5289; fax number: (919) 541–3207; email address: mulrine.phil@epa.gov. SUPPLEMENTARY INFORMATION: The information presented in this preamble is organized as follows: I. Why is EPA using a direct final rule? II. Does this action apply to me? III. Where can I get a copy of this document? IV. What should I consider as I prepare my comments to EPA? V. What are the changes to the area source NESHAP for EAF steelmaking facilities? A. Melt Shop Opacity Limit B. Particulate Matter Performance Test Requirements C. Certifying Initial Compliance Based on Previous Tests D. Definition of ‘‘Scrap Provider’’ VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments G. Executive Order 13045: Protection of Children from Environmental Health and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer Advancement Act J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act I. Why is EPA using a direct final rule? EPA is publishing this final rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no significant adverse comment. These amendments to the national emission standards for hazardous air pollutants (NESHAP) EAF steelmaking facilities that are area sources (40 CFR part 63, subpart E:\FR\FM\01DER1.SGM 01DER1 72728 Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Rules and Regulations YYYYY) consist of technical corrections and clarifications that do not make material changes to the rule’s requirements. However, in the ‘‘Proposed Rules’’ section of this Federal Register, we are publishing a separate document that will serve as the proposed rule to amend the area source standards if EPA receives significant adverse comments on this final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on the rule, see the ADDRESSES section of this document. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the amendments or certain Category NAICS code1 Industry ........................................................ 331111 .... 1 North II. Does this action apply to me? The regulated categories and entities potentially affected by the final rule include: Examples of regulated entities Steel mills with electric arc furnace steelmaking facilities that are area sources. American Industry Classification System. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. To determine whether your facility is regulated by this action, you should examine the applicability criteria in 40 CFR 63.10680 of subpart YYYYY (National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities). If you have any questions regarding the applicability of this action to a particular entity, consult either the air permit authority for the entity or your EPA regional representative as listed in 40 CFR 63.13 of subpart A (General Provisions). III. Where can I get a copy of this document? In addition to being available in the docket, an electronic copy of this final action will also be available on the Worldwide Web (WWW) through the Technology Transfer Network (TTN). Following signature, a copy of this final action will be posted on the TTN’s policy and guidance page for newly proposed or promulgated rules at the following address: https://www.epa.gov/ ttn/oarpg/. The TTN provides information and technology exchange in various areas of air pollution control. erowe on PROD1PC63 with RULES amendments in this final rule will not take effect. We would address all comments in any subsequent final rule based on the proposed rule. IV. What should I consider as I prepare my comments to EPA? Do not submit information containing CBI to EPA through https:// www.regulations.gov or e-mail. Send or deliver information identified as CBI only to the following address: Roberto Morales, OAQPS Document Control Officer (C404–02), Office of Air Quality Planning and Standards, Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attention Docket ID No. EPA–HQ–OAR–2004– 0083. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD– ROM that you mail to EPA, mark the VerDate Aug<31>2005 14:32 Nov 28, 2008 Jkt 217001 outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. V. What are the changes to the area source NESHAP for EAF steelmaking facilities? On December 28, 2007 (72 FR 74088), we issued the NESHAP for Area Sources: Electric Arc Furnace Steelmaking Facilities (40 CFR part 63, subpart YYYYY). The final rule establishes air emission control requirements for new and existing facilities that are area sources of hazardous air pollutants. The final standards include emission limits for particulate matter (PM)(a surrogate for specific metal hazardous air pollutants) reflecting performance of generally available control technology (GACT), and pollution prevention standards for the control of mercury emissions reflecting performance of the maximum achievable control technology. A. Melt Shop Opacity Limit This final rule makes a technical clarification to the melt house opacity limit in paragraph (b)(2) of 40 CFR 63.10686 (What are the requirements for electric arc furnaces and argon-oxygen decarburization vessels?). The promulgated rule prohibits the discharge from an EAF or argon-oxygen decarburization (AOD) vessel of any gases which ‘‘exit from a melt shop and, due solely (emphasis added) to the operations of any affected EAF(s) or AOD vessel(s), exhibit 6 percent opacity or greater.’’ This final rule amends that PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 language by removing the word ‘‘solely’’ from the text of the emissions limit. We are making this change because, in a few cases, fugitive emissions from other sources may be unavoidably commingled with the emissions from EAF(s) and AOD vessel(s). In those cases, the only practical way to determine compliance with the opacity limit is to observe the opacity of the combined emissions. On the other hand, if intermittent emissions from another source occasionally commingle with the fugitive emissions from the affected EAF(s) or AOD vessel(s) (such as emissions from point or fugitive sources that operate intermittently), the opacity determination must be made when the other sources are not interfering with the observations. The owner or operator has an incentive to make opacity observations when the emissions are not commingled because the additional emissions would result in higher opacity readings. We are making a similar change to paragraph (d)(2) of 40 CFR 63.10686 (What are the requirements for electric arc furnaces and argon-oxygen decarburization vessels?), which establishes requirements for demonstrating initial compliance by means of an opacity performance test. In the promulgated rule, the first sentence of paragraph (d)(2) specifies the test methods to be used and the second sentence pertains to combined emissions from sources not subject to subpart YYYYY. The second sentence of paragraph (d)(2) states that ‘‘When emissions from any EAF or AOD vessel are combined with emissions from emission sources not subject to this subpart, you must demonstrate compliance with the melt shop opacity limit based only (emphasis added) on emissions from the emission sources subject to this subpart.’’ This final rule removes the word ‘‘only’’ from the second sentence. We are making this correction for the same reasons just E:\FR\FM\01DER1.SGM 01DER1 Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Rules and Regulations discussed for removing the word ‘‘solely.’’ erowe on PROD1PC63 with RULES B. Particulate Matter Performance Test Requirements Paragraph (d) of 40 CFR 63.10686 (What are the requirements for electric arc furnaces and argon-oxygen decarburization vessels?) establishes requirements for demonstrating initial compliance by means of a PM performance test. Paragraph (d)(1)(v) of this section specifies the test method to be used, the number of test runs that comprise a test, and the sampling time for each test run. The promulgated rule requires the facility to sample EAFs only when metal is being melted and refined and to sample AOD vessels only when the operation(s) are being conducted. This final rule changes the EAF requirements to require either that: (1) The sampling time and volume for each run meet the requirement in 40 CFR 60.275a (the new source performance standard (NSPS)), or (2) each run consist of at least one heat cycle (i.e., a test run must include charging, melting and tapping operations). This change reflects EPA’s actual intent in promulgating the December 2007 rule. Our intent there was to be consistent with the NSPS for EAFs and to require that sampling be performed over the entire heat cycle, not just during melting. See 72 FR 53826 where we explained that the NSPS PM limit was GACT, so that one could reasonably infer that the emission limit would be implemented as required in the NSPS. If the rule is left uncorrected, sampling would not have to be performed during charging and tapping, both of which generate emissions; consequently, sampling only when melting would not be representative of the complete EAF production cycle. Paragraph (d)(4) of 40 CFR 63.10686 states the Administrator must approve procedures that will be used to determine compliance when emissions are combined with those from facilities not subject to this subpart. We are clarifying that these and other sitespecific factors for a few facilities with a complex configuration of facilities controlled by a common emission control system must receive the Administrator’s approval of procedures to determine compliance, including cases in which emissions are combined from multiple facilities subject to this subpart and when combined from multiple facilities that include both those subject and not subject to the subpart. VerDate Aug<31>2005 14:32 Nov 28, 2008 Jkt 217001 C. Certifying Initial Compliance Based on Previous Tests Paragraph (d)(6) of 40 CFR 63.10686 (What are the requirements for electric arc furnaces and argon-oxygen decarburization vessels?) allows the owner or operator to use a previous performance test for an emissions source to demonstrate initial compliance for that emissions source provided the tests meet the rule’s requirements: (1) The previous test must have been conducted within 5 years of the compliance date of the current rule using the procedures in paragraphs (d)(1) and (2) of § 63.10686, (2) the previous test was for that facility, and (3) the previous test was representative of current or anticipated operating processes and conditions. The rule also includes provisions in paragraph (d)(2) for conducting a new test if the permitting authority finds that the previous test is unacceptable. This final rule makes three changes to the provisions governing the use of a previous performance test as the basis for certifying initial compliance. The first change allows the use of a previous test conducted for compliance certification according to the facility’s title V permit if the test was conducted within 5 years of the compliance date for the current rule. This change is consistent with our intent to allow the use of a valid previous performance test, such as a test conducted for compliance certification in the facility’s title V permit, if the test was conducted within 5 years of the compliance date. The second change is the addition of a provision which states that, if results of a previous performance test are utilized, the previous performance tests for PM emissions and melt shop opacity are not required to have been conducted simultaneously. We are making this change to prevent the unnecessary burden of requiring a new PM performance test simply because opacity observations were not made during the previous PM performance test. The opacity of fugitive emissions and the PM emission control performance can be measured separately to determine compliance. The third change is the addition of new paragraph (d)(7) which allows use of the baseline parametric monitoring information collected during a prior performance test to meet the requirements in 40 CFR 60.275a(f) if the information was collected under conditions that are representative of current or anticipated operating conditions. Documentation of representative conditions would be provided in the test report for the prior performance test and in company PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 72729 records of the EAF steel production rate during the test. This clarification also reduces the unnecessary burden of requiring a new performance test just to collect operating data to establish baseline parameters (e.g., fan motor amperes or volumetric flow rate) when these parameters have already been established during previous valid performance tests. D. Definition of ‘‘Scrap Provider’’ Section 63.10692 of the current rule (What definitions apply to this subpart?) defines a ‘‘scrap provider’’ (a term used in the pollution prevention standards for mercury) as ‘‘the person (including a broker) who contracts directly with a steel mill to provide scrap that contains motor vehicle scrap. Scrap processors such as shredder operators or vehicle dismantlers that do not sell scrap directly to a steel mill are not scrap providers.’’ This final rule adds a sentence to include within the definition EAF steel making facilities that own and operate a scrap shredder. Under this final rule, a scrap provider is: * * * the person (including a broker) who contracts directly with a steel mill to provide scrap that contains motor vehicle scrap. The owner or operator of an EAF steelmaking facility that also owns and operates a scrap shredder is a scrap provider for motor vehicle scrap that is processed in that shredder and supplied to the EAF steelmaking facility. Scrap processors such as shredder operators or vehicle dismantlers that do not sell scrap directly to a steel mill are not scrap providers. This change is necessary because the previous definition did not address the possibility that EAF steelmaking facilities that operate their own onsite scrap shredders also can be scrap providers. There are a few instances where this occurs. VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the Executive Order. B. Paperwork Reduction Act This action does not impose any new information collection burden. These final amendments clarify applicability of the opacity limit, make the performance test requirements for particulate matter consistent with requirements in the new source performance standards for electric arc E:\FR\FM\01DER1.SGM 01DER1 72730 Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Rules and Regulations furnace steelmaking facilities, allow title V test data to be used to demonstrate compliance, and revise the definition of ‘‘scrap provider’’ to include electric arc furnace steelmaking facilities that own and operate a scrap shredder. No new burden is associated with these requirements because the burden was included in the approved information request (ICR) for the existing rule. However, the Office of Management and Budget (OMB) has previously approved the information collection requirements contained in the existing regulations (40 CFR part 63 subpart YYYYY) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060– 0608. The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR part 9. erowe on PROD1PC63 with RULES C. Regulatory Flexibility Act The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule would not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions. For the purposes of assessing the impacts of this final rule on small entities, small entity is defined as: (1) A small business that meets the Small Business Administration size standards for small businesses at 13 CFR 121.201 (whose parent company has fewer than 1,000 employees for NAICS code 331111); (2) a small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of this final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. We have determined that the nine small entities in this area source category will not incur any adverse impacts because this action makes only technical corrections and clarifications that increase flexibility and does not create any new requirements or burdens. No costs are associated with these amendments to the NESHAP. VerDate Aug<31>2005 14:32 Nov 28, 2008 Jkt 217001 D. Unfunded Mandates Reform Act This action contains no Federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531– 1538 for State, local, or tribal governments or the private sector. The action imposes no enforceable duty on any State, local or tribal governments or the private sector. The term ‘‘enforceable duty’’ does not include duties and conditions in voluntary Federal contracts for goods and services. Therefore, this action is not subject to the requirements of sections 202 or 205 of the UMRA. This action is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. The technical corrections and clarifications made through this action contain no requirements that apply to such governments, impose no obligations upon them, and will not result in any expenditures by them or any disproportionate impacts on them. E. Executive Order 13132: Federalism Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ are defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ This final rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. The final rule makes certain technical corrections and clarifications to the NESHAP for EAF steelmaking area sources. These final corrections and clarifications do not impose requirements on State and local governments. Thus, Executive Order 13132 does not apply to the final rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This final action does not have tribal implications, as specified in Executive PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 Order 13175 (65 FR 67249, November 6, 2000). This final rule makes certain technical corrections and clarifications to the NESHAP for EAF steelmaking area sources. These final corrections and clarifications do not impose requirements on tribal governments. They also have no direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying to those regulatory actions that concern health or safety risks, such that the analysis required under section 5– 501 of the Executive Order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it makes technical corrections and clarifications to the area source NESHAP for EAF steelmaking facilities which is based solely on technology performance. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) of 1995 (Pub. L. No. 104– 113, section 12(d), 15 U.S.C. 272 note) directs EPA to use voluntary consensus standards (VCS) in its regulatory activities, unless to do so would be inconsistent with applicable law or otherwise impractical. The VCS are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by VCS bodies. The NTTAA directs EPA to provide Congress, through the Office of Management and Budget, explanations when the Agency does not use available and applicable VCS. This final rule does not involve technical standards. Therefore, EPA did not consider the use of any VCS. E:\FR\FM\01DER1.SGM 01DER1 Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Rules and Regulations J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations PART 63—[AMENDED] 1. The authority citation for part 63 continues to read as follows: ■ Executive Order 12898 (59 FR 7629, February 16, 1994) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. The technical corrections and clarifications in this final rule do not change the level of control required by the NESHAP. K. Congressional Review Act 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 Congress and to the Comptroller General of the United States. EPA will submit a report containing these final rule amendments 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 final rule amendments 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 final rule will be effective on March 2, 2009. List of Subjects in 40 CFR Part 63 erowe on PROD1PC63 with RULES Environmental protection, Air pollution control, Hazardous substances, Reporting and Recordkeeping requirements. Dated: November 24, 2008. Stephen L. Johnson, Administrator. For the reasons stated in the preamble, title 40, chapter I, part 63 of the Code of Federal Regulations is amended as follows: ■ VerDate Aug<31>2005 14:32 Nov 28, 2008 Jkt 217001 Authority: 42 U.S.C. 7401 et seq. Subpart YYYYY—[Amended] 2. Section 63.10686 is amended by: a. Revising paragraph (b)(2); b. Revising paragraph (d)(1)(v); c. Revising the second sentence in paragraph (d)(2); ■ d. Revising paragraph (d)(4); ■ e. Revising paragraph (d)(6); and ■ f. Adding paragraph (d)(7) to read as follows: ■ ■ ■ ■ § 63.10686 What are the requirements for electric arc furnaces and argon-oxygen decarburization vessels? * * * * * (b) * * * (2) Exit from a melt shop and, due to the operations of any affected EAF(s) or AOD vessel(s), exhibit 6 percent opacity or greater. * * * * * (d) * * * (1) * * * (v) Method 5 or 5D of appendix A–3 of 40 CFR part 60 to determine the PM concentration. Three valid test runs are needed to comprise a PM performance test. For EAF, you must either meet the requirements in 40 CFR 60.275a for the sampling time and volume for each run, or each run must consist of at least one heat cycle as defined in 40 CFR 60.271a (i.e., a test run must include charging, melting and tapping operations). For AOD vessels, sample only during the heat cycle. (2) * * * When emissions from any EAF or AOD vessel are combined with emissions from emission sources not subject to this subpart, you must demonstrate compliance with the melt shop opacity limit based on emissions from the emission sources subject to this subpart. * * * * * (4) You must notify and receive approval from the Administrator for procedures that will be used to determine compliance for an EAF or AOD vessel when emissions are combined with those from facilities not subject to this subpart, combined with those from multiple facilities subject to this subpart, or both. * * * * * (6) If you own or operate an existing affected source that is subject to the emissions limits in paragraph (b) or (c) of this section, you may certify initial compliance with the applicable emission limit for one or more emissions sources based on the results PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 72731 of a previous performance test for that emissions source in lieu of the requirement for an initial performance test provided that the test(s) were conducted within 5 years of the compliance date; the test(s) were conducted using the methods and procedures specified in paragraph (d)(1) or (2) of this section or were conducted as specified for compliance certification testing in the facility’s title V permit; the test(s) were for the affected facility; and the test(s) were representative of current or anticipated operating processes and conditions. The previous performance tests for PM emissions and melt shop opacity are not required to have been conducted simultaneously. Should the permitting authority deem the prior test data unacceptable to demonstrate compliance with an applicable emissions limit, the owner or operator must conduct an initial performance test within 180 days of the compliance date or within 90 days of receipt of the notification of disapproval of the prior test, whichever is later. (7) You may use information collected during a prior performance test to meet the parametric monitoring requirements in 40 CFR 60.275a(f) if the information was collected under conditions that are representative of current or anticipated operating conditions. * * * * * ■ 3. Section 63.10692 is amended by revising the definition of ‘‘Scrap provider’’ to read as follows: § 63.10692 subpart? What definitions apply to this * * * * * Scrap provider means the person (including a broker) who contracts directly with a steel mill to provide scrap that contains motor vehicle scrap. The owner or operator of an EAF steelmaking facility that also owns and operates a scrap shredder is a scrap provider for motor vehicle scrap that is processed in that shredder and supplied to the EAF steelmaking facility. Scrap processors such as shredder operators or vehicle dismantlers that do not sell scrap directly to a steel mill are not scrap providers. * * * * * [FR Doc. E8–28455 Filed 11–28–08; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\01DER1.SGM 01DER1

Agencies

[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Rules and Regulations]
[Pages 72727-72731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28455]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2004-0083; FRL-8747-1]
RIN 2060-AM71


Amendments to National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Electric Arc Furnace Steelmaking 
Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to amend the national 
emission standards for electric arc furnace (EAF) steelmaking 
facilities that are area sources of hazardous air pollutants published 
on December 28, 2007. The amendments to the area source standards for 
EAF steelmaking facilities clarify applicability of the opacity limit, 
make the performance test requirements for particulate matter 
consistent with requirements in the new source performance standards 
for EAF steelmaking facilities, allow title V test data to be used to 
demonstrate compliance, and revise the definition of ``scrap provider'' 
to include EAF steelmaking facilities that own and operate a scrap 
shredder.

DATES: This final rule is effective on March 2, 2009 without further 
notice, unless EPA receives significant adverse comment by December 31, 
2008. If the effective date is delayed, timely notice will be published 
in the Federal Register. If EPA receives adverse comment, we will 
publish a timely withdrawal in the Federal Register informing the 
public that some or all of the amendments in this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0083 by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Electric Arc Furnace Steelmaking 
Facilities Docket, Environmental Protection Agency, Mailcode: 6102T, 
1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a 
total of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2004-0083. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through https://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically in https://www.regulations.gov or in hard copy at the 
National Emission Standards for Hazardous Air Pollutants for Area 
Sources: Electric Arc Furnace Steelmaking Facilities Docket, EPA/DC, 
EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the Air 
Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Phil Mulrine, Sector Policies and 
Programs Division, Office of Air Quality Planning and Standards (D243-
02), Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711, telephone number: (919) 541-5289; fax number: (919) 
541-3207; e-mail address: mulrine.phil@epa.gov.

SUPPLEMENTARY INFORMATION:
    The information presented in this preamble is organized as follows:

I. Why is EPA using a direct final rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. What should I consider as I prepare my comments to EPA?
V. What are the changes to the area source NESHAP for EAF 
steelmaking facilities?
    A. Melt Shop Opacity Limit
    B. Particulate Matter Performance Test Requirements
    C. Certifying Initial Compliance Based on Previous Tests
    D. Definition of ``Scrap Provider''
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Why is EPA using a direct final rule?

    EPA is publishing this final rule without a prior proposed rule 
because we view this as a noncontroversial action and anticipate no 
significant adverse comment. These amendments to the national emission 
standards for hazardous air pollutants (NESHAP) EAF steelmaking 
facilities that are area sources (40 CFR part 63, subpart

[[Page 72728]]

YYYYY) consist of technical corrections and clarifications that do not 
make material changes to the rule's requirements. However, in the 
``Proposed Rules'' section of this Federal Register, we are publishing 
a separate document that will serve as the proposed rule to amend the 
area source standards if EPA receives significant adverse comments on 
this final rule. We will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information about commenting on the rule, see the ADDRESSES 
section of this document. If EPA receives adverse comment, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the amendments or certain amendments in this final rule 
will not take effect. We would address all comments in any subsequent 
final rule based on the proposed rule.

II. Does this action apply to me?

    The regulated categories and entities potentially affected by the 
final rule include:

------------------------------------------------------------------------
                                                   Examples of regulated
            Category              NAICS code\1\          entities
------------------------------------------------------------------------
Industry.......................  331111.........  Steel mills with
                                                   electric arc furnace
                                                   steelmaking
                                                   facilities that are
                                                   area sources.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR 63.10680 of 
subpart YYYYY (National Emission Standards for Hazardous Air Pollutants 
for Area Sources: Electric Arc Furnace Steelmaking Facilities). If you 
have any questions regarding the applicability of this action to a 
particular entity, consult either the air permit authority for the 
entity or your EPA regional representative as listed in 40 CFR 63.13 of 
subpart A (General Provisions).

III. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this final action will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: https://www.epa.gov/ttn/oarpg/. The TTN provides information 
and technology exchange in various areas of air pollution control.

IV. What should I consider as I prepare my comments to EPA?

    Do not submit information containing CBI to EPA through https://www.regulations.gov or e-mail. Send or deliver information identified 
as CBI only to the following address: Roberto Morales, OAQPS Document 
Control Officer (C404-02), Office of Air Quality Planning and 
Standards, Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2004-0083. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark 
the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.

V. What are the changes to the area source NESHAP for EAF steelmaking 
facilities?

    On December 28, 2007 (72 FR 74088), we issued the NESHAP for Area 
Sources: Electric Arc Furnace Steelmaking Facilities (40 CFR part 63, 
subpart YYYYY). The final rule establishes air emission control 
requirements for new and existing facilities that are area sources of 
hazardous air pollutants. The final standards include emission limits 
for particulate matter (PM)(a surrogate for specific metal hazardous 
air pollutants) reflecting performance of generally available control 
technology (GACT), and pollution prevention standards for the control 
of mercury emissions reflecting performance of the maximum achievable 
control technology.

A. Melt Shop Opacity Limit

    This final rule makes a technical clarification to the melt house 
opacity limit in paragraph (b)(2) of 40 CFR 63.10686 (What are the 
requirements for electric arc furnaces and argon-oxygen decarburization 
vessels?). The promulgated rule prohibits the discharge from an EAF or 
argon-oxygen decarburization (AOD) vessel of any gases which ``exit 
from a melt shop and, due solely (emphasis added) to the operations of 
any affected EAF(s) or AOD vessel(s), exhibit 6 percent opacity or 
greater.'' This final rule amends that language by removing the word 
``solely'' from the text of the emissions limit. We are making this 
change because, in a few cases, fugitive emissions from other sources 
may be unavoidably commingled with the emissions from EAF(s) and AOD 
vessel(s). In those cases, the only practical way to determine 
compliance with the opacity limit is to observe the opacity of the 
combined emissions. On the other hand, if intermittent emissions from 
another source occasionally commingle with the fugitive emissions from 
the affected EAF(s) or AOD vessel(s) (such as emissions from point or 
fugitive sources that operate intermittently), the opacity 
determination must be made when the other sources are not interfering 
with the observations. The owner or operator has an incentive to make 
opacity observations when the emissions are not commingled because the 
additional emissions would result in higher opacity readings.
    We are making a similar change to paragraph (d)(2) of 40 CFR 
63.10686 (What are the requirements for electric arc furnaces and 
argon-oxygen decarburization vessels?), which establishes requirements 
for demonstrating initial compliance by means of an opacity performance 
test. In the promulgated rule, the first sentence of paragraph (d)(2) 
specifies the test methods to be used and the second sentence pertains 
to combined emissions from sources not subject to subpart YYYYY. The 
second sentence of paragraph (d)(2) states that ``When emissions from 
any EAF or AOD vessel are combined with emissions from emission sources 
not subject to this subpart, you must demonstrate compliance with the 
melt shop opacity limit based only (emphasis added) on emissions from 
the emission sources subject to this subpart.'' This final rule removes 
the word ``only'' from the second sentence. We are making this 
correction for the same reasons just

[[Page 72729]]

discussed for removing the word ``solely.''

B. Particulate Matter Performance Test Requirements

    Paragraph (d) of 40 CFR 63.10686 (What are the requirements for 
electric arc furnaces and argon-oxygen decarburization vessels?) 
establishes requirements for demonstrating initial compliance by means 
of a PM performance test. Paragraph (d)(1)(v) of this section specifies 
the test method to be used, the number of test runs that comprise a 
test, and the sampling time for each test run. The promulgated rule 
requires the facility to sample EAFs only when metal is being melted 
and refined and to sample AOD vessels only when the operation(s) are 
being conducted. This final rule changes the EAF requirements to 
require either that: (1) The sampling time and volume for each run meet 
the requirement in 40 CFR 60.275a (the new source performance standard 
(NSPS)), or (2) each run consist of at least one heat cycle (i.e., a 
test run must include charging, melting and tapping operations). This 
change reflects EPA's actual intent in promulgating the December 2007 
rule. Our intent there was to be consistent with the NSPS for EAFs and 
to require that sampling be performed over the entire heat cycle, not 
just during melting. See 72 FR 53826 where we explained that the NSPS 
PM limit was GACT, so that one could reasonably infer that the emission 
limit would be implemented as required in the NSPS. If the rule is left 
uncorrected, sampling would not have to be performed during charging 
and tapping, both of which generate emissions; consequently, sampling 
only when melting would not be representative of the complete EAF 
production cycle.
    Paragraph (d)(4) of 40 CFR 63.10686 states the Administrator must 
approve procedures that will be used to determine compliance when 
emissions are combined with those from facilities not subject to this 
subpart. We are clarifying that these and other site-specific factors 
for a few facilities with a complex configuration of facilities 
controlled by a common emission control system must receive the 
Administrator's approval of procedures to determine compliance, 
including cases in which emissions are combined from multiple 
facilities subject to this subpart and when combined from multiple 
facilities that include both those subject and not subject to the 
subpart.

C. Certifying Initial Compliance Based on Previous Tests

    Paragraph (d)(6) of 40 CFR 63.10686 (What are the requirements for 
electric arc furnaces and argon-oxygen decarburization vessels?) allows 
the owner or operator to use a previous performance test for an 
emissions source to demonstrate initial compliance for that emissions 
source provided the tests meet the rule's requirements: (1) The 
previous test must have been conducted within 5 years of the compliance 
date of the current rule using the procedures in paragraphs (d)(1) and 
(2) of Sec.  63.10686, (2) the previous test was for that facility, and 
(3) the previous test was representative of current or anticipated 
operating processes and conditions. The rule also includes provisions 
in paragraph (d)(2) for conducting a new test if the permitting 
authority finds that the previous test is unacceptable.
    This final rule makes three changes to the provisions governing the 
use of a previous performance test as the basis for certifying initial 
compliance. The first change allows the use of a previous test 
conducted for compliance certification according to the facility's 
title V permit if the test was conducted within 5 years of the 
compliance date for the current rule. This change is consistent with 
our intent to allow the use of a valid previous performance test, such 
as a test conducted for compliance certification in the facility's 
title V permit, if the test was conducted within 5 years of the 
compliance date. The second change is the addition of a provision which 
states that, if results of a previous performance test are utilized, 
the previous performance tests for PM emissions and melt shop opacity 
are not required to have been conducted simultaneously. We are making 
this change to prevent the unnecessary burden of requiring a new PM 
performance test simply because opacity observations were not made 
during the previous PM performance test. The opacity of fugitive 
emissions and the PM emission control performance can be measured 
separately to determine compliance. The third change is the addition of 
new paragraph (d)(7) which allows use of the baseline parametric 
monitoring information collected during a prior performance test to 
meet the requirements in 40 CFR 60.275a(f) if the information was 
collected under conditions that are representative of current or 
anticipated operating conditions. Documentation of representative 
conditions would be provided in the test report for the prior 
performance test and in company records of the EAF steel production 
rate during the test. This clarification also reduces the unnecessary 
burden of requiring a new performance test just to collect operating 
data to establish baseline parameters (e.g., fan motor amperes or 
volumetric flow rate) when these parameters have already been 
established during previous valid performance tests.

D. Definition of ``Scrap Provider''

    Section 63.10692 of the current rule (What definitions apply to 
this subpart?) defines a ``scrap provider'' (a term used in the 
pollution prevention standards for mercury) as ``the person (including 
a broker) who contracts directly with a steel mill to provide scrap 
that contains motor vehicle scrap. Scrap processors such as shredder 
operators or vehicle dismantlers that do not sell scrap directly to a 
steel mill are not scrap providers.'' This final rule adds a sentence 
to include within the definition EAF steel making facilities that own 
and operate a scrap shredder. Under this final rule, a scrap provider 
is:

    * * * the person (including a broker) who contracts directly 
with a steel mill to provide scrap that contains motor vehicle 
scrap. The owner or operator of an EAF steelmaking facility that 
also owns and operates a scrap shredder is a scrap provider for 
motor vehicle scrap that is processed in that shredder and supplied 
to the EAF steelmaking facility. Scrap processors such as shredder 
operators or vehicle dismantlers that do not sell scrap directly to 
a steel mill are not scrap providers.

    This change is necessary because the previous definition did not 
address the possibility that EAF steelmaking facilities that operate 
their own onsite scrap shredders also can be scrap providers. There are 
a few instances where this occurs.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
These final amendments clarify applicability of the opacity limit, make 
the performance test requirements for particulate matter consistent 
with requirements in the new source performance standards for electric 
arc

[[Page 72730]]

furnace steelmaking facilities, allow title V test data to be used to 
demonstrate compliance, and revise the definition of ``scrap provider'' 
to include electric arc furnace steelmaking facilities that own and 
operate a scrap shredder. No new burden is associated with these 
requirements because the burden was included in the approved 
information request (ICR) for the existing rule. However, the Office of 
Management and Budget (OMB) has previously approved the information 
collection requirements contained in the existing regulations (40 CFR 
part 63 subpart YYYYY) under the provisions of the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-
0608. The OMB control numbers for EPA's regulations in 40 CFR are 
listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule 
would not have a significant economic impact on a substantial number of 
small entities. Small entities include small businesses, small not-for-
profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of this final rule on 
small entities, small entity is defined as: (1) A small business that 
meets the Small Business Administration size standards for small 
businesses at 13 CFR 121.201 (whose parent company has fewer than 1,000 
employees for NAICS code 331111); (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district, or 
special district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of this final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. We have 
determined that the nine small entities in this area source category 
will not incur any adverse impacts because this action makes only 
technical corrections and clarifications that increase flexibility and 
does not create any new requirements or burdens. No costs are 
associated with these amendments to the NESHAP.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. The action imposes no enforceable duty on any State, local or 
tribal governments or the private sector. The term ``enforceable duty'' 
does not include duties and conditions in voluntary Federal contracts 
for goods and services. Therefore, this action is not subject to the 
requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. The technical 
corrections and clarifications made through this action contain no 
requirements that apply to such governments, impose no obligations upon 
them, and will not result in any expenditures by them or any 
disproportionate impacts on them.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' are defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
    This final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The final rule makes certain 
technical corrections and clarifications to the NESHAP for EAF 
steelmaking area sources. These final corrections and clarifications do 
not impose requirements on State and local governments. Thus, Executive 
Order 13132 does not apply to the final rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This final action does not have tribal implications, as specified 
in Executive Order 13175 (65 FR 67249, November 6, 2000). This final 
rule makes certain technical corrections and clarifications to the 
NESHAP for EAF steelmaking area sources. These final corrections and 
clarifications do not impose requirements on tribal governments. They 
also have no direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes. Thus, Executive Order 13175 does not 
apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the 
Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it makes 
technical corrections and clarifications to the area source NESHAP for 
EAF steelmaking facilities which is based solely on technology 
performance.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001) because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. No. 104-113, section 12(d), 15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities, unless to do so would be inconsistent with 
applicable law or otherwise impractical. The VCS are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
VCS bodies. The NTTAA directs EPA to provide Congress, through the 
Office of Management and Budget, explanations when the Agency does not 
use available and applicable VCS.
    This final rule does not involve technical standards. Therefore, 
EPA did not consider the use of any VCS.

[[Page 72731]]

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The technical corrections and clarifications in this final 
rule do not change the level of control required by the NESHAP.

K. Congressional Review Act

    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 Congress and to the Comptroller General 
of the United States. EPA will submit a report containing these final 
rule amendments 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 final rule amendments 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 final rule will be effective 
on March 2, 2009.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and Recordkeeping requirements.

    Dated: November 24, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 63 of 
the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart YYYYY--[Amended]

0
2. Section 63.10686 is amended by:
0
a. Revising paragraph (b)(2);
0
b. Revising paragraph (d)(1)(v);
0
c. Revising the second sentence in paragraph (d)(2);
0
d. Revising paragraph (d)(4);
0
e. Revising paragraph (d)(6); and
0
f. Adding paragraph (d)(7) to read as follows:


Sec.  63.10686  What are the requirements for electric arc furnaces and 
argon-oxygen decarburization vessels?

* * * * *
    (b) * * *
    (2) Exit from a melt shop and, due to the operations of any 
affected EAF(s) or AOD vessel(s), exhibit 6 percent opacity or greater.
* * * * *
    (d) * * *
    (1) * * *
    (v) Method 5 or 5D of appendix A-3 of 40 CFR part 60 to determine 
the PM concentration. Three valid test runs are needed to comprise a PM 
performance test. For EAF, you must either meet the requirements in 40 
CFR 60.275a for the sampling time and volume for each run, or each run 
must consist of at least one heat cycle as defined in 40 CFR 60.271a 
(i.e., a test run must include charging, melting and tapping 
operations). For AOD vessels, sample only during the heat cycle.
    (2) * * * When emissions from any EAF or AOD vessel are combined 
with emissions from emission sources not subject to this subpart, you 
must demonstrate compliance with the melt shop opacity limit based on 
emissions from the emission sources subject to this subpart.
* * * * *
    (4) You must notify and receive approval from the Administrator for 
procedures that will be used to determine compliance for an EAF or AOD 
vessel when emissions are combined with those from facilities not 
subject to this subpart, combined with those from multiple facilities 
subject to this subpart, or both.
* * * * *
    (6) If you own or operate an existing affected source that is 
subject to the emissions limits in paragraph (b) or (c) of this 
section, you may certify initial compliance with the applicable 
emission limit for one or more emissions sources based on the results 
of a previous performance test for that emissions source in lieu of the 
requirement for an initial performance test provided that the test(s) 
were conducted within 5 years of the compliance date; the test(s) were 
conducted using the methods and procedures specified in paragraph 
(d)(1) or (2) of this section or were conducted as specified for 
compliance certification testing in the facility's title V permit; the 
test(s) were for the affected facility; and the test(s) were 
representative of current or anticipated operating processes and 
conditions. The previous performance tests for PM emissions and melt 
shop opacity are not required to have been conducted simultaneously. 
Should the permitting authority deem the prior test data unacceptable 
to demonstrate compliance with an applicable emissions limit, the owner 
or operator must conduct an initial performance test within 180 days of 
the compliance date or within 90 days of receipt of the notification of 
disapproval of the prior test, whichever is later.
    (7) You may use information collected during a prior performance 
test to meet the parametric monitoring requirements in 40 CFR 
60.275a(f) if the information was collected under conditions that are 
representative of current or anticipated operating conditions.
* * * * *
0
3. Section 63.10692 is amended by revising the definition of ``Scrap 
provider'' to read as follows:


Sec.  63.10692  What definitions apply to this subpart?

* * * * *
    Scrap provider means the person (including a broker) who contracts 
directly with a steel mill to provide scrap that contains motor vehicle 
scrap. The owner or operator of an EAF steelmaking facility that also 
owns and operates a scrap shredder is a scrap provider for motor 
vehicle scrap that is processed in that shredder and supplied to the 
EAF steelmaking facility. Scrap processors such as shredder operators 
or vehicle dismantlers that do not sell scrap directly to a steel mill 
are not scrap providers.
* * * * *
[FR Doc. E8-28455 Filed 11-28-08; 8:45 am]
BILLING CODE 6560-50-P