Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Carbon Monoxide Emissions From Basic Oxygen Furnaces, 6307-6309 [2010-2678]
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Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart XX—West Virginia
§ 52.2520
[Amended]
2. In § 52.2520, the table in paragraph
(c) is amended by removing the entries
for 45CSR Series 1 and 45CSR Series 26
in their entirety.
■
[FR Doc. 2010–2675 Filed 2–8–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–0010; FRL–9111–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Control of Carbon Monoxide
Emissions From Basic Oxygen
Furnaces
Cprice-sewell on DSK2BSOYB1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve revisions to the
Maryland State Implementation Plan
(SIP). The revision, State of Maryland
SIP Revision #05–08, replaces the
current SIP requirements for the control
of carbon monoxide (CO) emissions
from basic oxygen furnaces (BOFs) at
steel mills in the State of Maryland with
a new, equivalent CO standard. EPA is
approving this revision to the Maryland
SIP in accordance with the requirements
of the Clean Air Act (CAA).
DATES: This rule is effective on April 12,
2010 without further notice, unless EPA
receives adverse written comment by
March 11, 2010. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0010 by one of the
following methods:
A. https://www.regulations.gov. Follow
the online instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2010–0010,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
VerDate Nov<24>2008
14:32 Feb 08, 2010
Jkt 220001
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. 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–R03–OAR–2010–
0010. 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
electronic docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Maryland Department of
PO 00000
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6307
the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore,
Maryland 21230.
FOR FURTHER INFORMATION CONTACT:
Maria A. Pino, (215) 814–2181, or by email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
On October 31, 2005, the State of
Maryland submitted a formal revision to
its SIP. The SIP revision consists of
establishment of a new standard for CO
emissions from BOFs at steel mills. This
SIP revision replaces the current SIP
requirements for the control of CO
emissions from BOFs, which Maryland
had previously withdrawn from the
Code of Maryland Administrative
Regulations (COMAR). However, those
requirements were not withdrawn from
Maryland’s SIP.
CO is generated in large quantities in
BOFs at steel mills. BOFs contain hot
metal from the blast furnace and scrap
metal which is heated with oxygen to
produce molten metal. The molten
metal is ultimately cast into steel slabs.
The BOFs are equipped with a gas
collection system or hoods that exhaust
the gases into a water scrubber system
that is used primarily for control of
particulate matter.
II. Summary of SIP Revision
This SIP revision establishes a new
CO standard for BOFs at steel mills by
adding new regulation COMAR
26.11.10.05–1 to the Maryland SIP. This
new regulation requires affected sources
to demonstrate that the CO
concentration in its gas stream does not
exceed 1 percent by volume and to
demonstrate compliance by conducting
an initial stack test and additional stack
tests every 2.5 years. COMAR
26.11.10.05–1 replaces the CO emission
requirements currently in the Maryland
SIP, COMAR 26.11.10.06[2].
COMAR 26.11.10.06[2] required a
person who operated a blast furnace,
grey iron cupola or BOF to burn the gas
with excess oxygen at not less than 1300
°F for at least 0.3 seconds in a direct
flame afterburner. In addition, COMAR
26.11.10.06[2] allowed an equivalent
control method which reduces the
concentration of CO in the effluent to
1.0 percent by volume or less. Maryland
withdrew that regulation because: (1)
Blast furnace gas is not controlled but is
used as fuel in on site fuel burning
equipment; (2) there are no grey iron
cupolas located at steel mills and
cupolas not located at steel mills are
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Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations
subject to the CO emissions
requirements in COMAR 26.11.06 and
(3) CO emissions from BOFs are not
controlled in that manner. When the
furnaces are operating, the flames
extend into the hood and incinerate the
CO before it is exhausted through the
scrubbers.
The 1 percent by volume CO
emissions limit in the new regulation,
COMAR 26.11.10.05–1, is equivalent to
the limit allowed by COMAR
26.11.10.06[2]. In addition, replacing
COMAR 26.11.10.06[2] with COMAR
26.11.10.05–1 strengthens the Maryland
SIP by clarifying the standard for CO
emissions from BOFs and removing
extraneous requirements. Therefore,
EPA is approving COMAR 26.11.10.05–
1 in the Maryland SIP, and removing
COMAR 26.11.10.06[2].
Cprice-sewell on DSK2BSOYB1PROD with RULES
III. Final Action
EPA is approving Maryland’s SIP
Revision #05–08, which revises the
Maryland SIP by adding a new
regulation, COMAR 26.11.10.05–1. This
new regulation establishes standards for
CO emissions from BOFs at steel mills
in Maryland. EPA is approving this
revision to the Maryland SIP in
accordance with the requirements of the
CAA. EPA is also removing the existing
requirements for the control of CO
emissions from BOFs, COMAR
26.11.10.06[2], from the Maryland SIP.
COMAR 26.11.10.05–1 replaces COMAR
26.11.10.06[2] and requires an
equivalent level of control.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
amendment and anticipates no adverse
comment. However, in the ‘‘Proposed
Rules’’ section of today’s Federal
Register, EPA is publishing a separate
document that will serve as the proposal
to approve the SIP revision if adverse
comments are filed. This rule will be
effective on April 12, 2010 without
further notice unless EPA receives
adverse comment by March 11, 2010. If
EPA receives adverse comment, EPA
will publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. EPA
will address all public comments in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time.
IV. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
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14:32 Feb 08, 2010
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SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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B. Submission to Congress and the
Comptroller General
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. EPA will submit a
report containing this action 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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 12, 2010.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action,
which replaces existing requirements
for the control of CO emissions from
BOFs at steel mills in Maryland with a
new, equivalent standard for CO
emissions from steel mill BOFs, may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference.
Dated: January 22, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
■
40 CFR part 52 is amended as follows:
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Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations
PART 52—[AMENDED]
Subpart V—Maryland
new COMAR 26.11.10.05–1 to read as
follows:
1. The authority citation for part 52
continues to read as follows:
■
2. In § 52.1070, the table in paragraph
(c) is amended by removing the entry for
COMAR 26.11.10.06[2] and by adding
§ 52.1070
■
Authority: 42 U.S.C. 7401 et seq.
*
Identification of plan.
*
*
(c) * * *
*
*
EPA–APPROVED REGULATIONS IN THE MARYLAND SIP
Code of Maryland Administrative
Regulations (COMAR) citation
26.11.10
*
*
26.11.10.05–1 ................................
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0113–200709(a);
FRL–9098–5]
Approval and Promulgation of
Implementation Plans Georgia: State
Implementation Plan Revision
Cprice-sewell on DSK2BSOYB1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA)
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve revisions to the
Georgia State Implementation Plan
(SIP), submitted by the Georgia
Environmental Protection Division (GA
EPD) on September 26, 2006, with a
clarifying revision submitted on
November 6, 2006. The revisions
include multiple modifications to
Georgia’s Air Quality Rules found at
Chapter 391–3–1. These revisions are
part of Georgia’s strategy to meet the
national ambient air quality standards
(NAAQS). The revisions include, but are
not limited to, changes to Chapters such
as ‘‘Definitions;’’ ‘‘Emissions Limitations
and Standards;’’ ‘‘Open Burning;’’
‘‘Exemptions;’’ ‘‘Permits;’’ and
‘‘Regulatory Exceptions.’’ EPA is
approving Georgia’s SIP revisions
pursuant to section 110 of the Clean Air
Act (CAA).
EPA is not acting on revisions to rules
391–3–1–.01(qqqq), 391–3–1–.02(2)(zz),
391–3–1–.02(2)(mmm), 391–3–1–
.02(6)(a), 391–3–1–.03(6)(g), and 391–3–
1–.03(6)(i) at this time. EPA is also not
acting on revisions to rule 391–3–1–
14:32 Feb 08, 2010
Jkt 220001
EPA approval date
Additional explanation/citation at
40 CFR 52.1100
Control of Iron and Steel Production Installations
*
*
Control of Carbon Monoxide
Emissions from Basic Oxygen
Furnaces.
[FR Doc. 2010–2678 Filed 2–8–10; 8:45 am]
VerDate Nov<24>2008
State effective
date
Title/subject
9/12/05
*
*
*
2/9/10 [Insert page number where
the document begins].
*
02(2)(ooo), as Georgia has submitted a
revised version of the rule.
Additionally, we are not acting on
several revisions to the September 26,
2006, SIP submittal, that are not part of
the federally approved SIP.
DATES: This direct final rule is effective
April 12, 2010 without further notice,
unless EPA receives adverse comment
by March 11, 2010. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number, ‘‘EPA–
R04–OAR–2007–0113,’’ by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: 404–562–9019.
4. Mail: ‘‘EPA–R04–OAR–2007–0113,’’
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms.
Lynorae Benjamin, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
federal holidays.
Instructions: Direct your comments to
Docket ID Number, ‘‘EPA–R04–OAR–
PO 00000
Frm 00011
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Sfmt 4700
*
*
*
2007–0113.’’ 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
through https://www.regulations.gov or
e-mail, information that you consider to
be CBI or otherwise protected. 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. For additional information
about EPA’s public docket visit the EPA
Docket Center home page at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
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]]>Agencies
[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Rules and Regulations]
[Pages 6307-6309]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2678]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0010; FRL-9111-7]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of Carbon Monoxide Emissions From Basic Oxygen
Furnaces
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Maryland State Implementation Plan (SIP). The revision, State of
Maryland SIP Revision 05-08, replaces the current SIP
requirements for the control of carbon monoxide (CO) emissions from
basic oxygen furnaces (BOFs) at steel mills in the State of Maryland
with a new, equivalent CO standard. EPA is approving this revision to
the Maryland SIP in accordance with the requirements of the Clean Air
Act (CAA).
DATES: This rule is effective on April 12, 2010 without further notice,
unless EPA receives adverse written comment by March 11, 2010. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0010 by one of the following methods:
A. https://www.regulations.gov. Follow the online instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2010-0010, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
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-R03-OAR-
2010-0010. 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 electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Maryland Department of the
Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland
21230.
FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
e-mail at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background
On October 31, 2005, the State of Maryland submitted a formal
revision to its SIP. The SIP revision consists of establishment of a
new standard for CO emissions from BOFs at steel mills. This SIP
revision replaces the current SIP requirements for the control of CO
emissions from BOFs, which Maryland had previously withdrawn from the
Code of Maryland Administrative Regulations (COMAR). However, those
requirements were not withdrawn from Maryland's SIP.
CO is generated in large quantities in BOFs at steel mills. BOFs
contain hot metal from the blast furnace and scrap metal which is
heated with oxygen to produce molten metal. The molten metal is
ultimately cast into steel slabs. The BOFs are equipped with a gas
collection system or hoods that exhaust the gases into a water scrubber
system that is used primarily for control of particulate matter.
II. Summary of SIP Revision
This SIP revision establishes a new CO standard for BOFs at steel
mills by adding new regulation COMAR 26.11.10.05-1 to the Maryland SIP.
This new regulation requires affected sources to demonstrate that the
CO concentration in its gas stream does not exceed 1 percent by volume
and to demonstrate compliance by conducting an initial stack test and
additional stack tests every 2.5 years. COMAR 26.11.10.05-1 replaces
the CO emission requirements currently in the Maryland SIP, COMAR
26.11.10.06[2].
COMAR 26.11.10.06[2] required a person who operated a blast
furnace, grey iron cupola or BOF to burn the gas with excess oxygen at
not less than 1300 [deg]F for at least 0.3 seconds in a direct flame
afterburner. In addition, COMAR 26.11.10.06[2] allowed an equivalent
control method which reduces the concentration of CO in the effluent to
1.0 percent by volume or less. Maryland withdrew that regulation
because: (1) Blast furnace gas is not controlled but is used as fuel in
on site fuel burning equipment; (2) there are no grey iron cupolas
located at steel mills and cupolas not located at steel mills are
[[Page 6308]]
subject to the CO emissions requirements in COMAR 26.11.06 and (3) CO
emissions from BOFs are not controlled in that manner. When the
furnaces are operating, the flames extend into the hood and incinerate
the CO before it is exhausted through the scrubbers.
The 1 percent by volume CO emissions limit in the new regulation,
COMAR 26.11.10.05-1, is equivalent to the limit allowed by COMAR
26.11.10.06[2]. In addition, replacing COMAR 26.11.10.06[2] with COMAR
26.11.10.05-1 strengthens the Maryland SIP by clarifying the standard
for CO emissions from BOFs and removing extraneous requirements.
Therefore, EPA is approving COMAR 26.11.10.05-1 in the Maryland SIP,
and removing COMAR 26.11.10.06[2].
III. Final Action
EPA is approving Maryland's SIP Revision 05-08, which
revises the Maryland SIP by adding a new regulation, COMAR 26.11.10.05-
1. This new regulation establishes standards for CO emissions from BOFs
at steel mills in Maryland. EPA is approving this revision to the
Maryland SIP in accordance with the requirements of the CAA. EPA is
also removing the existing requirements for the control of CO emissions
from BOFs, COMAR 26.11.10.06[2], from the Maryland SIP. COMAR
26.11.10.05-1 replaces COMAR 26.11.10.06[2] and requires an equivalent
level of control.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on April 12, 2010 without further
notice unless EPA receives adverse comment by March 11, 2010. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
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. EPA will submit a report containing this action 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).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 12, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action, which replaces existing
requirements for the control of CO emissions from BOFs at steel mills
in Maryland with a new, equivalent standard for CO emissions from steel
mill BOFs, may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference.
Dated: January 22, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
[[Page 6309]]
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (c) is amended by removing
the entry for COMAR 26.11.10.06[2] and by adding new COMAR 26.11.10.05-
1 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Additional explanation/
Code of Maryland Administrative Title/subject State EPA approval date citation at 40 CFR
Regulations (COMAR) citation effective date 52.1100
----------------------------------------------------------------------------------------------------------------
26.11.10 Control of Iron and Steel Production Installations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
26.11.10.05-1.................. Control of Carbon 9/12/05 2/9/10 [Insert
Monoxide page number where
Emissions from the document
Basic Oxygen begins].
Furnaces.
* * * * * * *
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[FR Doc. 2010-2678 Filed 2-8-10; 8:45 am]
BILLING CODE 6560-50-P
