Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Iron and Steel Production Installations; Sintering Plants, 44146-44149 [2012-18094]
Download as PDF
<![CDATA[
44146
Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations
a public water system (PWS) or
including numerous PWSs, whether the
source is ground water or surface water
or both, as part of a State or tribal source
water assessment and protection
program (SWAP) approved by the
Environmental Protection Agency under
section 1453 of the Safe Drinking Water
Act (42 U.S.C. 300h–3(e)).
*
*
*
*
*
Dated: July 19, 2012.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2012–18322 Filed 7–26–12; 8:45 am]
BILLING CODE 3410–11–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0272; FRL–9702–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Control of Iron and Steel
Production Installations; Sintering
Plants
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Maryland State Implementation Plan
(SIP) submitted by the Maryland
Department of the Environment (MDE)
on June 30, 2009. The revisions amend
the visible emissions requirements of
the Maryland SIP’s regulation for the
Control of Iron and Steel Production
Installations only as they apply to
sintering plants. The sintering plant
located at the Sparrows Point
steelmaking facility (Sparrows Point) is
the only sintering plant located in the
State of Maryland. The revisions exempt
the sintering plant from the visible
emissions section of the regulation for
the Control of Iron and Steel Production
Installations contingent upon the
source’s two wet scrubbers, used to
control emissions of particulate matter,
continuously monitoring compliance
with specified pressure drop and flow
rate operating parameters. EPA is
approving these revisions because they
provide for a continuous means of
determining compliance with the
applicable SIP emission rate for
particulate matter from the sintering
plant located at Sparrows Point, and
because that emission rate has been
demonstrated to protect and maintain
the National Ambient Air Quality
Standards (NAAQS) for PM10
(particulate matter consisting of
erowe on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:46 Jul 26, 2012
Jkt 226001
particles with an aerodynamic diameter
less than or equal to 10 micrometers).
EPA is approving these revisions in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This rule is effective on
September 25, 2012 without further
notice, unless EPA receives adverse
written comment by August 27, 2012. 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–2012–0272 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: spink.marcia@epa.gov.
C. Mail: EPA–R03–OAR–2012–0272,
Marcia L. Spink, Associate Director for
Policy & Science, Air Protection
Division, Mailcode 3AP00, U.S.
Environmental Protection Agency,
Region III, 1650 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–2012–
0272. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
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 www.regulations.gov
or email. The 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 email
comment directly to EPA without going
through www.regulations.gov, your
email 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
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
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
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 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:
Marcia L. Spink, Associate Director for
Policy & Science, Air Protection
Division (215) 814–2104, or by email at
spink.marcia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 30, 2009, MDE submitted
formal revisions (#09–02) to its SIP. The
SIP revisions consist of amendments to
Regulation .03 Visible Emissions under
(Code of Maryland administrative
regulations) COMAR 26.11.10 Control of
Iron and Steel Production Installations
as they apply only to sintering plants.
There is only one sintering plant located
in Maryland. The one sintering plant
affected by this regulation is located at
Sparrows Point. Its particulate matter
emissions are controlled by two wet
(water) scrubbers each equipped with
two fans. Under the current Maryland
SIP, this sintering plant is subject to
visible emissions and particulate matter
standards. The current SIP requires that
after demonstrating compliance with the
applicable SIP particulate matter
emission rate for sintering plants, a
person may not cause or permit the
discharge of visible fugitive emissions
into the outdoor atmosphere, other than
water in an uncombined form, which is
greater than 10 percent opacity as
averaged over any consecutive 6-minute
period. The sintering plant’s applicable
SIP emission rate for particulate matter
E:\FR\FM\27JYR1.SGM
27JYR1
44147
Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations
is 0.03 grains per dry standard cubic
foot (gr/dscf).
The visible emissions standards for
sintering plants found in Regulation .03
Visible Emissions under COMAR
26.11.10 Control of Iron and Steel
Production Installations was originally
established to allow the use of a Method
9 observation test as additional means of
determining compliance, in addition to
stack testing, with the sintering plant’s
applicable SIP particulate matter
emission rate of .03 gr/dscf. In 2007,
MDE amended Regulation .03 Visible
Emissions under COMAR 26.11.10 to
exempt the sintering plant at Sparrows
Point from the visible emissions
requirement and to establish openended requirements for the scrubbers’
flow rates and pressure drops. Under
the 2007 version of the regulation, MDE
intended to establish specific flow rate
and pressure drop parameters during a
future stack test and to include them in
the Title V permit for the sintering plant
located at Sparrows Point. Upon further
consideration, the MDE concurred with
EPA that the SIP must stand on its own
to protect the NAAQS, and that such
open-ended requirements were not
appropriate for inclusion in the SIP.
Therefore, effective as of June 29, 2009,
MDE again amended Regulation .03
under COMAR 26.11.10 to require that
the two scrubbers of the sintering plant
located at Sparrows Point meet specific
flow rate and pressure drop parameters
at all times under defined specific
operating scenarios. During a stack test
that demonstrated compliance with the
SIP’s applicable particulate matter
emission rate of .03 gr/dscf, the flow
rates and pressure drops of the two
scrubbers were continuously monitored.
Specific flow rate (in gallons per
minute) and pressure drop (in inches of
water) parameters for the scrubbers,
established from the parameters
monitored during the complying stack
test, are now specified in the amended
version of Regulation .03 under COMAR
26.11.10. Therefore, under the 2009
amended version of the regulation, the
sintering plant at Sparrows Point is
exempt from the visible emissions
requirement of Regulation .03 under
COMAR 26.11.10 when demonstrating
compliance with the SIP’s applicable
particulate matter emission limit of 0.03
gr/dscf by continuously monitoring the
flow rate and pressure drop parameters
of the scrubbers and by providing that
monitoring data to MDE. This
monitoring data must demonstrate that
the scrubbers are meeting the flow rate
and pressure drop parameters which are
now specifically included in the
amended version of Regulation .03
under COMAR 26.11.10. Under
Regulation .03 of COMAR 26.11.10, the
exemption from the visible emissions
requirement is contingent upon the
sintering plant scrubbers operating in
compliance with the conditions of
subsection D. of the regulation which
specifies the pressure drop and flow rate
parameters established as previously
described. The regulation also requires
stack testing to be performed every 2.5
years.
Modeling has been performed in
support of this SIP revision to
demonstrate that the SIP’s 0.03 gr/dscf
applicable emission rate for particulate
matter is protective of the NAAQS for
PM10, and that protection is not
dependent upon the visible emissions
standard. A description of the modeling
analyses conducted by MDE and the
results are included in MDE’s June 30,
2009 SIP revision submittal which is in
the docket of this rulemaking. No SIP
particulate matter emission rate
relaxations are being approved as part of
this SIP revision.
II. Summary of SIP Revision
Regulation .03 Visible Emissions
under COMAR 26.11.10, at subsection
A. General, (2) Exceptions, paragraph (f)
has been amended to exempt visible
emissions from sintering plant scrubbers
that are in compliance with the
conditions of subsection D. of the
regulation. Regulation .03 under
COMAR 26.11.10 has been amended to
revise subsection D. to require:
(1) The owner or operator of the
sintering plant shall ensure continuous
compliance with the .03 gr/dscf
applicable particulate matter emission
rate by maintaining the hourly average
scrubber pressure drop and water flow
rate to each of the two scrubbers
(referred to as Scrubber North and
Scrubber South) as follows:
(2) Scrubber Operating Conditions
and Requirements.
Pressure drop
(inches of water)
Operating conditions
Water flow rate
(gallons per minute)
North
erowe on DSK2VPTVN1PROD with RULES
2 scrubbers each with 2 fans ..........................................................................
2 scrubbers each with a wind box fan .............................................................
North scrubber with 2 fans and South scrubber with a wind box fan .............
South scrubber with 2 fans and North scrubber with a wind box fan .............
North scrubber with 2 fans ..............................................................................
South scrubber with 2 fans ..............................................................................
(3) One or more of the scrubbers be in
operation while the sintering plant is in
operation.
(4) Compliance with the 0.03 gr/dscf
emission limit requirement for
particulate matter is achieved if at any
time the hourly block average of
scrubber pressure drop and flow rate are
not less than the values in D(2) of this
regulation.
(5) The scrubber pressure drop and
flow rate shall be monitored by a
continuous monitoring system and the
monitoring system data made available
to MDE upon request.
(6) Stack Testing Requirements.
VerDate Mar<15>2010
14:46 Jul 26, 2012
Jkt 226001
South
North
South
33
23
33
32
33
........................
39
32
32
33
........................
33
3,796
3,679
3,710
3,818
3,488
........................
3,718
3,705
3,818
3,710
........................
3,488
(a) The affected sintering plant shall
be stack tested for particulate matter not
less than once each 2.5 years. During a
compliance stack test, the scrubber
pressure drop and flow rate shall be
recorded as hourly block averages.
(b) If the scrubber pressure drop and
water flow rate determined during a
compliance stack test differ from the
values in D(2) of this regulation, the
owner or operator may request that MDE
change to the values in D(2) of this
regulation to reflect the revised values.
(c) Upon receiving such a request, the
MDE may propose amending the
regulation to include the revised values.
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
Any amendment shall be submitted to
the EPA as a SIP revision.
EPA has determined that these
revisions to Regulation .03 Visible
Emissions under COMAR 26.11.10
Control of Iron and Steel Production
Installations as they apply to the
sintering plant located at Sparrows
Point are approvable because they
provide for a continuous means of
determining compliance with SIP’s
applicable particulate matter emission
limit of 0.03 gr/dscf which has been
demonstrated to protect and maintain
the NAAQS for PM10.
E:\FR\FM\27JYR1.SGM
27JYR1
44148
Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations
III. Final Action
EPA is approving the SIP revisions to
Regulation .03 Visible Emissions under
COMAR 26.11.10 submitted by MDE on
June 30, 2009. 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 September 25, 2012 without
further notice unless EPA receives
adverse comment by August 27, 2012. 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
erowe on DSK2VPTVN1PROD with RULES
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. 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.);
VerDate Mar<15>2010
14:46 Jul 26, 2012
Jkt 226001
• 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 CAA; 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.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 25, 2012. 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 to
approve a revision to Regulation .03
Visible Emissions under COMAR
26.11.10 Control of Iron and Steel
Production Installations as they apply to
sintering plants 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, Incorporation by
reference, Particulate matter.
Dated: July 10, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
Therefore, 40 CFR part 52 is amended
as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1070, the table in paragraph
(c) is amended by revising the entry for
COMAR 26.11.10.03 to read as follows:
■
§ 52.1070
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\27JYR1.SGM
27JYR1
*
*
44149
Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland administrative regulations
(COMAR) citation
State
effective
date
Title/subject
*
*
*
26.11.10
*
*
26.11.10.03 ....................
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2012–0443; FRL–9702–4]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Removal of Administrative
Requirements From the Regulation for
the Control of Motor Vehicle Emissions
in Northern Virginia
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia. This revision removes four
internal State administrative
requirements from the Virginia SIP
regulations for the control of motor
vehicle emissions in the Northern
Virginia Area. This action is being taken
under the Clean Air Act (CAA).
DATES: This rule is effective on
September 25, 2012 without further
notice, unless EPA receives adverse
written comment by August 27, 2012. 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–2012–0443 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
erowe on DSK2VPTVN1PROD with RULES
SUMMARY:
14:46 Jul 26, 2012
Jkt 226001
*
*
6/29/09
*
*
*
*
Revised paragraphs A. and D. of 26.11.10.03 for
Sintering Plants.
*
B. Email: frankford.harold@epa.gov.
C. Mail: EPA–R03–OAR–2012–0443,
Harold A. Frankford, Mailcode 3AP00,
U.S. Environmental Protection Agency,
Region III, 1650 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–2012–
0443. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
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 www.regulations.gov
or email. The 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 email
comment directly to EPA without going
through www.regulations.gov, your
email 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
PO 00000
*
*
7/27/2012 [Insert page
number where the
document begins].
*
[FR Doc. 2012–18094 Filed 7–26–12; 8:45 am]
VerDate Mar<15>2010
*
Control of Iron and Steel Production Installations
Visible Emissions ..........
*
Additional explanation/
citation at 40 CFR 52.1100
EPA approval date
Frm 00043
Fmt 4700
Sfmt 4700
*
*
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
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 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 Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford, (215) 814–2108, or
by email at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On April 19, 2012, the Virginia
Department of Environmental Quality
(DEQ) submitted a revision to its State
Implementation Plan (SIP).
I. Summary of SIP Revision
The revision consists of the removal
of four administrative regulations from
SIP-approved regulations 9VAC5
Chapter 91 (Regulation for the Control
of Motor Vehicle Emissions in the
Northern Virginia Area) pertaining to
the establishment of regulations
(Regulation 5–91–40), hearings and
proceedings (Regulation 5–91–60),
variances (Regulation 5–91–80), and
E:\FR\FM\27JYR1.SGM
27JYR1
]]>Agencies
[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Rules and Regulations]
[Pages 44146-44149]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18094]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0272; FRL-9702-6]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Control of Iron and Steel Production Installations; Sintering
Plants
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) submitted by the Maryland
Department of the Environment (MDE) on June 30, 2009. The revisions
amend the visible emissions requirements of the Maryland SIP's
regulation for the Control of Iron and Steel Production Installations
only as they apply to sintering plants. The sintering plant located at
the Sparrows Point steelmaking facility (Sparrows Point) is the only
sintering plant located in the State of Maryland. The revisions exempt
the sintering plant from the visible emissions section of the
regulation for the Control of Iron and Steel Production Installations
contingent upon the source's two wet scrubbers, used to control
emissions of particulate matter, continuously monitoring compliance
with specified pressure drop and flow rate operating parameters. EPA is
approving these revisions because they provide for a continuous means
of determining compliance with the applicable SIP emission rate for
particulate matter from the sintering plant located at Sparrows Point,
and because that emission rate has been demonstrated to protect and
maintain the National Ambient Air Quality Standards (NAAQS) for
PM10 (particulate matter consisting of particles with an
aerodynamic diameter less than or equal to 10 micrometers). EPA is
approving these revisions in accordance with the requirements of the
Clean Air Act (CAA).
DATES: This rule is effective on September 25, 2012 without further
notice, unless EPA receives adverse written comment by August 27, 2012.
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-2012-0272 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: spink.marcia@epa.gov.
C. Mail: EPA-R03-OAR-2012-0272, Marcia L. Spink, Associate Director
for Policy & Science, Air Protection Division, Mailcode 3AP00, 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-
2012-0272. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at 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 www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov, your email
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
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 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: Marcia L. Spink, Associate Director
for Policy & Science, Air Protection Division (215) 814-2104, or by
email at spink.marcia@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 30, 2009, MDE submitted formal revisions (09-02)
to its SIP. The SIP revisions consist of amendments to Regulation .03
Visible Emissions under (Code of Maryland administrative regulations)
COMAR 26.11.10 Control of Iron and Steel Production Installations as
they apply only to sintering plants. There is only one sintering plant
located in Maryland. The one sintering plant affected by this
regulation is located at Sparrows Point. Its particulate matter
emissions are controlled by two wet (water) scrubbers each equipped
with two fans. Under the current Maryland SIP, this sintering plant is
subject to visible emissions and particulate matter standards. The
current SIP requires that after demonstrating compliance with the
applicable SIP particulate matter emission rate for sintering plants, a
person may not cause or permit the discharge of visible fugitive
emissions into the outdoor atmosphere, other than water in an
uncombined form, which is greater than 10 percent opacity as averaged
over any consecutive 6-minute period. The sintering plant's applicable
SIP emission rate for particulate matter
[[Page 44147]]
is 0.03 grains per dry standard cubic foot (gr/dscf).
The visible emissions standards for sintering plants found in
Regulation .03 Visible Emissions under COMAR 26.11.10 Control of Iron
and Steel Production Installations was originally established to allow
the use of a Method 9 observation test as additional means of
determining compliance, in addition to stack testing, with the
sintering plant's applicable SIP particulate matter emission rate of
.03 gr/dscf. In 2007, MDE amended Regulation .03 Visible Emissions
under COMAR 26.11.10 to exempt the sintering plant at Sparrows Point
from the visible emissions requirement and to establish open-ended
requirements for the scrubbers' flow rates and pressure drops. Under
the 2007 version of the regulation, MDE intended to establish specific
flow rate and pressure drop parameters during a future stack test and
to include them in the Title V permit for the sintering plant located
at Sparrows Point. Upon further consideration, the MDE concurred with
EPA that the SIP must stand on its own to protect the NAAQS, and that
such open-ended requirements were not appropriate for inclusion in the
SIP. Therefore, effective as of June 29, 2009, MDE again amended
Regulation .03 under COMAR 26.11.10 to require that the two scrubbers
of the sintering plant located at Sparrows Point meet specific flow
rate and pressure drop parameters at all times under defined specific
operating scenarios. During a stack test that demonstrated compliance
with the SIP's applicable particulate matter emission rate of .03 gr/
dscf, the flow rates and pressure drops of the two scrubbers were
continuously monitored. Specific flow rate (in gallons per minute) and
pressure drop (in inches of water) parameters for the scrubbers,
established from the parameters monitored during the complying stack
test, are now specified in the amended version of Regulation .03 under
COMAR 26.11.10. Therefore, under the 2009 amended version of the
regulation, the sintering plant at Sparrows Point is exempt from the
visible emissions requirement of Regulation .03 under COMAR 26.11.10
when demonstrating compliance with the SIP's applicable particulate
matter emission limit of 0.03 gr/dscf by continuously monitoring the
flow rate and pressure drop parameters of the scrubbers and by
providing that monitoring data to MDE. This monitoring data must
demonstrate that the scrubbers are meeting the flow rate and pressure
drop parameters which are now specifically included in the amended
version of Regulation .03 under COMAR 26.11.10. Under Regulation .03 of
COMAR 26.11.10, the exemption from the visible emissions requirement is
contingent upon the sintering plant scrubbers operating in compliance
with the conditions of subsection D. of the regulation which specifies
the pressure drop and flow rate parameters established as previously
described. The regulation also requires stack testing to be performed
every 2.5 years.
Modeling has been performed in support of this SIP revision to
demonstrate that the SIP's 0.03 gr/dscf applicable emission rate for
particulate matter is protective of the NAAQS for PM10, and
that protection is not dependent upon the visible emissions standard. A
description of the modeling analyses conducted by MDE and the results
are included in MDE's June 30, 2009 SIP revision submittal which is in
the docket of this rulemaking. No SIP particulate matter emission rate
relaxations are being approved as part of this SIP revision.
II. Summary of SIP Revision
Regulation .03 Visible Emissions under COMAR 26.11.10, at
subsection A. General, (2) Exceptions, paragraph (f) has been amended
to exempt visible emissions from sintering plant scrubbers that are in
compliance with the conditions of subsection D. of the regulation.
Regulation .03 under COMAR 26.11.10 has been amended to revise
subsection D. to require:
(1) The owner or operator of the sintering plant shall ensure
continuous compliance with the .03 gr/dscf applicable particulate
matter emission rate by maintaining the hourly average scrubber
pressure drop and water flow rate to each of the two scrubbers
(referred to as Scrubber North and Scrubber South) as follows:
(2) Scrubber Operating Conditions and Requirements.
----------------------------------------------------------------------------------------------------------------
Pressure drop (inches of Water flow rate (gallons per
water) minute)
Operating conditions ---------------------------------------------------------------
North South North South
----------------------------------------------------------------------------------------------------------------
2 scrubbers each with 2 fans.................... 33 39 3,796 3,718
2 scrubbers each with a wind box fan............ 23 32 3,679 3,705
North scrubber with 2 fans and South scrubber 33 32 3,710 3,818
with a wind box fan............................
South scrubber with 2 fans and North scrubber 32 33 3,818 3,710
with a wind box fan............................
North scrubber with 2 fans...................... 33 .............. 3,488 ..............
South scrubber with 2 fans...................... .............. 33 .............. 3,488
----------------------------------------------------------------------------------------------------------------
(3) One or more of the scrubbers be in operation while the
sintering plant is in operation.
(4) Compliance with the 0.03 gr/dscf emission limit requirement for
particulate matter is achieved if at any time the hourly block average
of scrubber pressure drop and flow rate are not less than the values in
D(2) of this regulation.
(5) The scrubber pressure drop and flow rate shall be monitored by
a continuous monitoring system and the monitoring system data made
available to MDE upon request.
(6) Stack Testing Requirements.
(a) The affected sintering plant shall be stack tested for
particulate matter not less than once each 2.5 years. During a
compliance stack test, the scrubber pressure drop and flow rate shall
be recorded as hourly block averages.
(b) If the scrubber pressure drop and water flow rate determined
during a compliance stack test differ from the values in D(2) of this
regulation, the owner or operator may request that MDE change to the
values in D(2) of this regulation to reflect the revised values.
(c) Upon receiving such a request, the MDE may propose amending the
regulation to include the revised values. Any amendment shall be
submitted to the EPA as a SIP revision.
EPA has determined that these revisions to Regulation .03 Visible
Emissions under COMAR 26.11.10 Control of Iron and Steel Production
Installations as they apply to the sintering plant located at Sparrows
Point are approvable because they provide for a continuous means of
determining compliance with SIP's applicable particulate matter
emission limit of 0.03 gr/dscf which has been demonstrated to protect
and maintain the NAAQS for PM10.
[[Page 44148]]
III. Final Action
EPA is approving the SIP revisions to Regulation .03 Visible
Emissions under COMAR 26.11.10 submitted by MDE on June 30, 2009. 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 September 25, 2012 without further
notice unless EPA receives adverse comment by August 27, 2012. 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 CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 CAA; 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 25, 2012. 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 to approve a revision to Regulation .03 Visible
Emissions under COMAR 26.11.10 Control of Iron and Steel Production
Installations as they apply to sintering plants 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, Incorporation by
reference, Particulate matter.
Dated: July 10, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
Therefore, 40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1070, the table in paragraph (c) is amended by revising
the entry for COMAR 26.11.10.03 to read as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
[[Page 44149]]
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
State Additional explanation/
Code of Maryland administrative Title/subject effective EPA approval date citation at 40 CFR
regulations (COMAR) citation date 52.1100
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.10 Control of Iron and Steel Production Installations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.10.03..................... Visible Emissions.. 6/29/09 7/27/2012 [Insert Revised paragraphs A.
page number where and D. of 26.11.10.03
the document for Sintering Plants.
begins].
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-18094 Filed 7-26-12; 8:45 am]
BILLING CODE 6560-50-P
