National Emission Standards for Hazardous Air Pollutants: Iron and Steel Foundries Residual Risk and Technology Review, 54394-54433 [2019-20422]

Download as PDF 54394 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2019–0373; FRL–10000–13– OAR] RIN 2060–AT30 National Emission Standards for Hazardous Air Pollutants: Iron and Steel Foundries Residual Risk and Technology Review Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: This action presents the proposed results of the U.S. Environmental Protection Agency’s (EPA’s) residual risk and technology review (RTR) required under the Clean Air Act (CAA) for the National Emission Standards for Hazardous Air Pollutants (NESHAP) for major source Iron and Steel Foundries, initially promulgated in 2004 and amended in 2008. Pursuant to the CAA, this action also presents the proposed results of the technology review for the NESHAP for area source Iron and Steel Foundries, initially promulgated in 2008. In this proposed action, the EPA is also proposing to remove exemptions for periods of startup, shutdown, and malfunction (SSM) and specify that the emissions standards apply at all times; require electronic reporting of performance test results and compliance reports; and make minor corrections and clarifications for a few other rule provisions for major sources and area sources. Implementation of these proposed rules is not expected to result in significant changes to the emissions from iron and steel foundries, human health, or environmental impacts associated with those emissions. However, this action, if finalized, would result in improved monitoring, compliance, and implementation of the existing standards. DATES: Comments. Comments must be received on or before November 25, 2019. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before November 8, 2019. Public hearing. If anyone contacts us requesting a public hearing on or before October 15, 2019, we will hold a hearing. Additional information about the hearing, if requested, will be published in a subsequent Federal khammond on DSKJM1Z7X2PROD with PROPOSALS4 SUMMARY: VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 Register document and posted at https://www.epa.gov/stationary-sourcesair-pollution/iron-and-steel-foundriesnational-emissions-standardshazardous-air and https://www.epa.gov/ stationary-sources-air-pollution/ironand-steel-foundries-national-emissionstandards-hazardous-air. See SUPPLEMENTARY INFORMATION for information on requesting and registering for a public hearing. ADDRESSES: You may send comments, identified by Docket ID No. EPA–HQ– OAR–2019–0373, by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov/ (our preferred method). Follow the online instructions for submitting comments. • Email: a-and-r-docket@epa.gov. Include Docket ID No. EPA–HQ–OAR– 2019–0373 in the subject line of the message. • Fax: (202) 566–9744. Attention Docket ID No. EPA–HQ–OAR–2019– 0373. • Mail: U.S. Environmental Protection Agency, EPA Docket Center, Docket ID No. EPA–HQ–OAR–2019– 0373, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. • Hand/Courier Delivery: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center’s hours of operation are 8:30 a.m.–4:30 p.m., Monday–Friday (except federal holidays). Instructions: All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to https:// www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For questions about this proposed action, contact Phil Mulrine, Sector Policies and Programs Division (D243–02), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541–5289; fax number: (919) 541–4991; and email address: mulrine.phil@epa.gov. For specific information regarding the risk modeling methodology, contact Ted Palma, Health and Environmental Impacts Division (C539–02), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 27711; telephone number: (919) 541– 5470; fax number: (919) 541–0840; and email address: palma.ted@epa.gov. For questions about monitoring and testing requirements, contact Kevin McGinn, Sector Policies and Programs Division (D230–02), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 3796; fax number: (919) 541–4991; and email address: mcginn.kevin@epa.gov. For information about the applicability of the NESHAP to a particular entity, contact Maria Malave, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, WJC South Building (Mail Code 2227A), 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number: (202) 564–7027; and email address: malave.maria@epa.gov. SUPPLEMENTARY INFORMATION: Public hearing. Please contact Adrian Gates at (919) 541–4860 or by email at gates.adrian@epa.gov to request a public hearing, to register to speak at the public hearing, or to inquire as to whether a public hearing will be held. Docket. The EPA has established a docket for this rulemaking under Docket ID No. EPA–HQ–OAR–2019–0373. All documents in the docket are listed in Regulations.gov. Although listed, some information is not publicly available, e.g., Confidential Business Information (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. Publicly available docket materials are available either electronically in Regulations.gov or in hard copy at the EPA Docket Center, Room 3334, WJC West Building, 1301 Constitution Avenue 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 EPA Docket Center is (202) 566– 1742. Instructions. Direct your comments to Docket ID No. EPA–HQ–OAR–2019– 0373. The 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 CBI or other information whose disclosure is restricted by statute. Do not submit information that you E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules consider to be CBI or otherwise protected through https:// www.regulations.gov/ or email. This type of information should be submitted by mail as discussed below. The EPA may publish any comment received to its public docket. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the Web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. The https://www.regulations.gov/ website allows you to submit your comment anonymously, which means the 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 the EPA without going through https:// 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, the EPA recommends that you include your name and other contact information in the body of your comment and with any digital storage media you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should not include special characters or any form of encryption and be free of any defects or viruses. For additional information about the EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/dockets. Submitting CBI. Do not submit information containing CBI to the EPA through https://www.regulations.gov/ or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on any digital storage media that you mail to the EPA, mark the outside of the digital storage media as CBI and then identify electronically within the digital storage media the specific information that is claimed as CBI. In addition to one complete version of the comments that includes information claimed as CBI, you must submit a copy of the comments that does not contain the VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 54395 information claimed as CBI directly to the public docket through the procedures outlined in Instructions above. If you submit any digital storage media that does not contain CBI, mark the outside of the digital storage media clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and the EPA’s electronic public docket without prior notice. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 Code of Federal Regulations (CFR) part 2. Send or deliver information identified as CBI only to the following address: OAQPS Document Control Officer (C404–02), OAQPS, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attention Docket ID No. EPA– HQ–OAR–2019–0373. Preamble acronyms and abbreviations. We use multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here: PB–HAP hazardous air pollutants known to be persistent and bio-accumulative in the environment PCS pouring, cooling, and shakeout PM particulate matter POM polycyclic organic matter ppm parts per million ppmv parts per million by volume RBLC Reasonably Available Control Technology, Best Available Control Technology, and Lowest Achievable Emission Rate Clearinghouse REL reference exposure level RFA Regulatory Flexibility Act RfC reference concentration RfD reference dose RTR residual risk and technology review SAB Science Advisory Board SSM startup, shutdown, and malfunction TOSHI target organ-specific hazard index tpy tons per year TRIM.FaTE Total Risk Integrated Methodology.Fate, Transport, and Ecological Exposure model UF uncertainty factor mg/m3 microgram per cubic meter UMRA Unfunded Mandates Reform Act URE unit risk estimate USGS U.S. Geological Survey AEGL acute exposure guideline level AERMOD air dispersion model used by the HEM–3 model CAA Clean Air Act CalEPA California EPA CBI Confidential Business Information CFR Code of Federal Regulations EPA Environmental Protection Agency ERPG emergency response planning guideline ERT Electronic Reporting Tool GACT generally available control technology HAP hazardous air pollutant(s) HCl hydrochloric acid HEM–3 Human Exposure Model, Version 1.5.5 HF hydrogen fluoride HI hazard index HQ hazard quotient IRIS Integrated Risk Information System km kilometer MACT maximum achievable control technology mg/m3 milligrams per cubic meter MIR maximum individual risk NAAQS National Ambient Air Quality Standards NAICS North American Industry Classification System NATA National Air Toxics Assessment NEI National Emissions Inventory NESHAP national emission standards for hazardous air pollutants NSR New Source Review NTTAA National Technology Transfer and Advancement Act OAQPS Office of Air Quality Planning and Standards OECA Office of Enforcement and Compliance Assurance OMB Office of Management and Budget PAH polycyclic aromatic hydrocarbons I. General Information A. Does this action apply to me? B. Where can I get a copy of this document and other related information? II. Background A. What is the statutory authority for this action? B. What are the source categories and how do the current NESHAP regulate the HAP emissions? C. What data collection activities were conducted to support this action? D. What other relevant background information and data are available? III. Analytical Procedures and DecisionMaking A. How do we consider risk in our decision-making? B. How do we perform the technology review? C. How do we estimate post-MACT risk posed by the source category? IV. Analytical Results and Proposed Decisions A. What are the results of the risk assessment and analyses? B. What are our proposed decisions regarding risk acceptability, ample margin of safety, and adverse environmental effect? C. What are the results and proposed decisions based on our technology review? D. What other actions are we proposing? E. What compliance dates are we proposing? V. Summary of Cost, Environmental, and Economic Impacts A. What are the affected sources? B. What are the air quality impacts? C. What are the cost impacts? D. What are the economic impacts? E. What are the benefits? PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 Organization of this document. The information in this preamble is organized as follows: E:\FR\FM\09OCP4.SGM 09OCP4 54396 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules VI. Request for Comments VII. Submitting Data Corrections VIII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs C. Paperwork Reduction Act (PRA) D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act (UMRA) F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer and Advancement Act (NTTAA) K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations I. General Information A. Does this action apply to me? Table 1 of this preamble lists the NESHAP and associated regulated industrial source categories that are the subject of this proposal. Table 1 is not intended to be exhaustive, but rather provides a guide for readers regarding the entities that this proposed action is likely to affect. The proposed standards, once promulgated, will be directly applicable to the affected sources. Federal, state, local, and tribal government entities would not be affected by this proposed action. As defined in the Initial List of Categories of Sources Under Section 112(c)(1) of the Clean Air Act Amendments of 1990 (see 57 FR 31576, July 16, 1992) and Documentation for Developing the Initial Source Category List, Final Report (see EPA–450/3–91–030, July 1992), the major source Iron Foundries and Steel Foundries were initially listed as two separately defined source categories. However, in the proposed and final NESHAP for major sources (in 2002 and 2004, respectively), the two source categories were combined into one major source category known as the Iron and Steel Foundries major source category. A single NESHAP (40 CFR part 63, subpart EEEEE) was developed to regulate both iron and steel major source foundries because of the similarities in the processes and because many ferrous foundries produce both iron and steel castings. Subsequently, on June 26, 2002, the EPA added Iron Foundries area sources and Steel Foundries area sources as two separate area source categories to the source category list, and the EPA established one area source NESHAP (40 CFR part 63, subpart ZZZZZ) that applies to the two area source categories. This proposed action addresses the major source NESHAP that applies to the major source Iron Foundries and the major source Steel Foundries and this action also addresses the area source NESHAP that applies to the Iron Foundries area source category and the Steel Foundries area source category. An iron and steel foundry is any facility engaged in the production of final shape ferrous castings from the melting of scrap, ingot, and/or other forms of iron and/or steel and pouring the molten metal into molds. Iron and steel foundries include the following four main process operations: Raw materials handling and preparation, metal melting, mold and core production, and casting and finishing. TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS PROPOSED ACTION NESHAP Iron and Steel Foundries ............................................................ 40 CFR part 63 subpart EEEEE ................................................ 40 CFR part 63 subpart ZZZZZ ................................................. 1 North khammond on DSKJM1Z7X2PROD with PROPOSALS4 NAICS code 1 Source category 331511 331512 331513 American Industry Classification System. B. Where can I get a copy of this document and other related information? In addition to being available in the docket, an electronic copy of this action is available on the internet. Following signature by the EPA Administrator, the EPA will post a copy of this proposed action at https://www.epa.gov/ stationary-sources-air-pollution/ironand-steel-foundries-national-emissionsstandards-hazardous-air and https:// www.epa.gov/stationary-sources-airpollution/iron-and-steel-foundriesnational-emission-standards-hazardousair. Following publication in the Federal Register, the EPA will post the Federal Register version of the proposal and key technical documents at these same websites. Information on the overall RTR program is available at https://www3.epa.gov/ttn/atw/rrisk/ rtrpg.html. A redline version of the regulatory language that incorporates the proposed VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 changes is available in the docket for this action (Docket ID No. EPA–HQ– OAR–2019–0373). II. Background A. What is the statutory authority for this action? The statutory authority for this action is provided by sections 112 and 301 of the CAA, as amended (42 U.S.C. 7401 et seq.). Section 112 of the CAA establishes a two-stage regulatory process to develop standards for emissions of hazardous air pollutants (HAP) from stationary sources. Generally, the first stage involves establishing technology-based standards and the second stage involves evaluating those standards that are based on maximum achievable control technology (MACT) to determine whether additional standards are needed to address any remaining risk associated with HAP emissions. This second stage is commonly referred to as PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 the ‘‘residual risk review.’’ In addition to the residual risk review, the CAA also requires the EPA to review standards set under CAA section 112 every 8 years to determine if there are ‘‘developments in practices, processes, or control technologies’’ that may be appropriate to incorporate into the standards. This review is commonly referred to as the ‘‘technology review.’’ When the two reviews are combined into a single rulemaking, it is commonly referred to as the ‘‘risk and technology review.’’ The discussion that follows identifies the most relevant statutory sections and briefly explains the contours of the methodology used to implement these statutory requirements. A more comprehensive discussion appears in the document titled CAA Section 112 Risk and Technology Reviews: Statutory Authority and Methodology, in the docket for this rulemaking. In the first stage of the CAA section 112 standard setting process, the EPA E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules promulgates technology-based standards under CAA section 112(d) for categories of sources identified as emitting one or more of the HAP listed in CAA section 112(b). Sources of HAP emissions are either major sources or area sources, and CAA section 112 establishes different requirements for major source standards and area source standards. ‘‘Major sources’’ are those that emit or have the potential to emit 10 tons per year (tpy) or more of a single HAP or 25 tpy or more of any combination of HAP. All other sources are ‘‘area sources.’’ For major sources, CAA section 112(d)(2) provides that the technology-based NESHAP must reflect the maximum degree of emission reductions of HAP achievable (after considering cost, energy requirements, and non-air quality health and environmental impacts). These standards are commonly referred to as MACT standards. CAA section 112(d)(3) also establishes a minimum control level for MACT standards, known as the MACT ‘‘floor.’’ The EPA must also consider control options that are more stringent than the floor. Standards more stringent than the floor are commonly referred to as beyond-the-floor standards. In certain instances, as provided in CAA section 112(h), the EPA may set work practice standards where it is not feasible to prescribe or enforce a numerical emission standard. For area sources, CAA section 112(d)(5) gives the EPA discretion to set standards based on generally available control technologies or management practices (GACT standards) in lieu of MACT standards. The second stage in standard-setting focuses on identifying and addressing any remaining (i.e., ‘‘residual’’) risk according to CAA section 112(f). For source categories subject to MACT standards, section 112(f)(2) of the CAA requires the EPA to determine whether promulgation of additional standards is needed to provide an ample margin of safety to protect public health or to prevent an adverse environmental effect. Section 112(d)(5) of the CAA provides that this residual risk review is not required for categories of area sources subject to GACT standards. Section 112(f)(2)(B) of the CAA further expressly preserves the EPA’s use of the two-step approach for developing standards to address any residual risk and the Agency’s interpretation of ‘‘ample margin of safety’’ developed in the National Emissions Standards for Hazardous Air Pollutants: Benzene Emissions from Maleic Anhydride Plants, Ethylbenzene/Styrene Plants, Benzene Storage Vessels, Benzene Equipment Leaks, and Coke By-Product VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 Recovery Plants (Benzene NESHAP) (54 FR 38044, September 14, 1989). The EPA notified Congress in the Risk Report that the Agency intended to use the Benzene NESHAP approach in making CAA section 112(f) residual risk determinations (EPA–453/R–99–001, p. ES–11). The EPA subsequently adopted this approach in its residual risk determinations and the United States Court of Appeals for the District of Columbia Circuit (the Court) upheld the EPA’s interpretation that CAA section 112(f)(2) incorporates the approach established in the Benzene NESHAP. See NRDC v. EPA, 529 F.3d 1077, 1083 (D.C. Cir. 2008). The approach incorporated into the CAA and used by the EPA to evaluate residual risk and to develop standards under CAA section 112(f)(2) is a twostep approach. In the first step, the EPA determines whether risks are acceptable. This determination ‘‘considers all health information, including risk estimation uncertainty, and includes a presumptive limit on maximum individual lifetime [cancer] risk (MIR) 1 of approximately 1 in 10 thousand.’’ 54 FR 38045, September 14, 1989. If risks are unacceptable, the EPA must determine the emissions standards necessary to reduce risk to an acceptable level without considering costs. In the second step of the approach, the EPA considers whether the emissions standards provide an ample margin of safety to protect public health ‘‘in consideration of all health information, including the number of persons at risk levels higher than approximately 1 in 1 million, as well as other relevant factors, including costs and economic impacts, technological feasibility, and other factors relevant to each particular decision.’’ Id. The EPA must promulgate emission standards necessary to provide an ample margin of safety to protect public health or determine that the standards being reviewed provide an ample margin of safety without any revisions. After conducting the ample margin of safety analysis, we consider whether a more stringent standard is necessary to prevent, taking into consideration costs, energy, safety, and other relevant factors, an adverse environmental effect. CAA section 112(d)(6) separately requires the EPA to review standards promulgated under CAA section 112 and revise them ‘‘as necessary (taking into account developments in practices, processes, and control technologies)’’ no 1 Although defined as ‘‘maximum individual risk,’’ MIR refers only to cancer risk. MIR, one metric for assessing cancer risk, is the estimated risk if an individual were exposed to the maximum level of a pollutant for a lifetime. PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 54397 less often than every 8 years. In conducting this review, which we call the ‘‘technology review,’’ the EPA is not required to recalculate the MACT floor. Natural Resources Defense Council (NRDC) v. EPA, 529 F.3d 1077, 1084 (D.C. Cir. 2008). Association of Battery Recyclers, Inc. v. EPA, 716 F.3d 667 (D.C. Cir. 2013). The EPA may consider cost in deciding whether to revise the standards pursuant to CAA section 112(d)(6). B. What are the source categories and how do the current NESHAP regulate the HAP emissions? Iron and steel foundries manufacture metal castings by melting iron and/or steel in a furnace, pouring the molten iron or steel into a mold of a desired shape, allowing the casting to cool (solidify) in the mold, removing the casting from the mold, and finishing (grinding and cleaning) the final cast product. The primary processing units of interest at iron and steel foundries, because of their potential to generate HAP emissions, are the following: Metal melting furnaces; mold and core making lines; pouring, cooling, and shakeout (PCS) lines; and, if present, scrap preheaters. Melting furnaces primarily emit metal HAP. The three types of metal melting furnaces are cupolas (a blast-type furnace), electric arc furnaces, and electric induction furnaces. Mold and core making and PCS lines primarily emit organic HAP. Molds, which define the outer shape of the castings, are primarily made of sand, clay, and water (referred to as ‘‘green sand’’) with small amounts of coke added to maintain a reducing atmosphere and prevent oxidation of the metal while it is cooling. Cores, which are used to create internal void spaces in the casting, generally require more mechanical strength than molds and consist of sand mixed with a chemical binder to create a hard, durable form for the internal shapes. Depending on the size and shape of the casting, chemical binders may also be used in the mold sand to increase the strength of the molds. Many of the binder systems contain organic solvents, some of which may volatilize and be emitted when the binder is mixed with the sand (i.e., mold and core making emissions). When the molten metal is poured in the sand molds, the hot metal causes the coke and/or organic chemical binders in the mold/cores to degrade and pyrolyze, which creates a variety of organic HAP emissions during the cooling and subsequent shakeout process (where the hardened casting is removed from the sand molds). E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 54398 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules The EPA promulgated MACT standards for major source iron and steel foundries on April 22, 2004, under 40 CFR part 63, subpart EEEEE (69 FR 21906). The MACT standards established: Particulate matter (PM) emission limits (as a surrogate for metal HAP) and alternative metal HAP emission limits for metal melting furnaces; triethylamine emission limits from phenolic urethane cold box mold and core making operations and included work practice standards prohibiting methanol to be used as a specific component of furan (also known as furfuryl alcohol) warm box mold and core making lines; and organic HAP emission limits for new and existing cupola melting furnaces and scrap preheaters and for new automated cooling and shakeout lines. For other ancillary sources at the foundry, such as casting finishing, the MACT standards include a building opacity limit. The MACT standards also instituted scrap selection and inspection requirements to limit the amount of mercury, lead, chlorinated plastics, and free liquids present in the scrap fed to metal melting furnaces. There are approximately 45 major source iron and steel foundries in the United States. The EPA promulgated GACT standards for area source iron and steel foundries on January 2, 2008, under 40 CFR part 63, subpart ZZZZZ (73 FR 252). The area source standards subcategorized foundries by size. Existing area source foundries with annual metal melt production of 20,000 tons or less and new area source foundries with annual metal melt capacity of 10,000 tons or less are defined as ‘‘small’’ foundries; area source foundries exceeding these metal melt rates are defined as ‘‘large’’ foundries. Small and large area source iron and steel foundries are required to operate according to scrap selection and inspection requirements to limit the amount of mercury, lead, chlorinated plastics, and free liquids present in the scrap fed to metal melting furnaces and to operate furan warm box mold and core making lines without the use of methanol as a component of the catalyst formulation. The GACT standards for large iron and steel foundries also include PM emission limits (as a surrogate for metal HAP) and alternative metal HAP emission limits for metal melting furnaces and include building opacity limits for other ancillary sources at the foundry. The GACT standards for metal melting furnaces at area source foundries are less stringent than the MACT standards for major source foundries and include an allowance to VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 use emissions averaging. We estimate there are approximately 390 area source iron and steel foundries in the United States. C. What data collection activities were conducted to support this action? For the Iron and Steel Foundries NESHAP RTR, the EPA used emissions and supporting data from the 2014 National Emissions Inventory (NEI) as the primary data to develop the model input files for the residual risk assessments for major source iron and steel foundries. The NEI is a database that contains information about sources that emit criteria air pollutants, their precursors, and HAP. The database includes estimates of annual air pollutant emissions from point, nonpoint, and mobile sources in the 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. The EPA collects this information and releases an updated version of the NEI database every 3 years. The NEI includes data necessary for conducting risk modeling, including annual HAP emissions estimates from individual emission sources at facilities and the related emissions release parameters. In certain cases, we contacted state inventory compilers and facility owners or operators to confirm and clarify the sources of emissions, emissions estimates, and release parameters that were reported in the NEI. Additional information on the development of the modeling file can be found in Appendix 1 to the Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in Support of the 2019 Risk and Technology Review Proposed Rule, which is available in the docket for this proposed rule (Docket ID No. EPA–HQ–OAR–2019–0373). D. What other relevant background information and data are available? For the risk review portion of the RTR, there was no other relevant background information obtained beyond that used to develop the model input file as described above. For the technology review portion of the RTR, we collected information from the Reasonably Available Control Technology, Best Available Control Technology, and Lowest Achievable Emission Rate Clearinghouse (RBLC). This is a database that contains casespecific information on air pollution technologies that have been required to reduce the emissions of air pollutants from stationary sources. Under the EPA’s New Source Review (NSR) program, if a facility is planning new construction or a modification that will increase the air emissions above certain PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 defined thresholds, an NSR permit must be obtained. The RBLC promotes the sharing of information among permitting agencies and aids in case-bycase determinations for NSR permits. We examined information contained in the RBLC to determine what technologies are currently used for these source categories to reduce air emissions. Additional information about these data collection activities for the technology reviews is contained in the technology review memorandum titled Major and Area Source Technology Review for the Iron and Steel Foundries NESHAP, which is available in the docket for this proposed rule (Docket ID No. EPA–HQ–OAR–2019–0373). III. Analytical Procedures and Decision-Making In this section, we describe the analyses performed to support the proposed decisions for the RTR and other issues addressed in this proposal. In this proposed action, pursuant to CAA section 112(f), the EPA is conducting a risk review for the major source NESHAP (40 CFR part 63, subpart EEEEE) MACT standards. Consistent with the provision regarding alternative standards for area sources in section CAA 112(d)(5), the risk review does not cover the NESHAP for area sources. Therefore, the discussions of risk assessment methods and modeling analyses described in the following paragraphs only apply to the major source category. However, pursuant to CAA section 112(d)(6), the EPA is proposing the technology review for both major source NESHAP and the area source NESHAP (40 CFR part 63, subpart ZZZZZ). Therefore, the discussions in the paragraphs below regarding how EPA conducted the technology reviews apply to both major sources and area sources. A. How do we consider risk in our decision-making? As discussed in section II.A of this preamble and in the Benzene NESHAP, in evaluating and developing standards under CAA section 112(f)(2), we apply a two-step approach to determine whether or not risks are acceptable and to determine if the standards provide an ample margin of safety to protect public health. As explained in the Benzene NESHAP, ‘‘the first step judgment on acceptability cannot be reduced to any single factor’’ and, thus, ‘‘[t]he Administrator believes that the acceptability of risk under section 112 is best judged on the basis of a broad set of health risk measures and information.’’ 54 FR 38046, September 14, 1989. Similarly, with regard to the E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules ample margin of safety determination, ‘‘the Agency again considers all of the health risk and other health information considered in the first step. Beyond that information, additional factors relating to the appropriate level of control will also be considered, including cost and economic impacts of controls, technological feasibility, uncertainties, and any other relevant factors.’’ Id. The Benzene NESHAP approach provides flexibility regarding factors the EPA may consider in making determinations and how the EPA may weigh those factors for each source category. The EPA conducts a risk assessment that provides estimates of the MIR posed by the HAP emissions from each source in the source category, the hazard index (HI) for chronic exposures to HAP with the potential to cause noncancer health effects, and the hazard quotient (HQ) for acute exposures to HAP with the potential to cause noncancer health effects.2 The assessment also provides estimates of the distribution of cancer risk within the exposed populations, cancer incidence, and an evaluation of the potential for an adverse environmental effect. The scope of the EPA’s risk analysis is consistent with the EPA’s response to comments on our policy under the Benzene NESHAP where the EPA explained that the policy chosen by the Administrator permits consideration of multiple measures of health risk. Not only can the MIR figure be considered, but also incidence, the presence of non-cancer health effects, and the uncertainties of the risk estimates. In this way, the effect on the most exposed individuals can be reviewed as well as the impact on the general public. These factors can then be weighed in each individual case. This approach complies with the Vinyl Chloride mandate that the Administrator ascertain an acceptable level of risk to the public by employing his expertise to assess available data. It also complies with the Congressional intent behind the CAA, which did not exclude the use of any particular measure of public health risk from the EPA’s consideration with respect to CAA section 112 regulations, and thereby implicitly permits consideration of any and all measures of health risk which the Administrator, in his judgment, believes are appropriate to determining what will protect the public health. See 54 FR 38057, 2 The MIR is defined as the cancer risk associated with a lifetime of exposure at the highest concentration of HAP where people are likely to live. The HQ is the ratio of the potential HAP exposure concentration to the noncancer doseresponse value; the HI is the sum of HQs for HAP that affect the same target organ or organ system. VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 September 14, 1989. Thus, the level of the MIR is only one factor to be weighed in determining acceptability of risk. The Benzene NESHAP explained that an MIR of approximately 1-in-10 thousand should ordinarily be the upper end of the range of acceptability. As risks increase above this benchmark, they become presumptively less acceptable under CAA section 112, and would be weighed with the other health risk measures and information in making an overall judgment on acceptability. Or, the Agency may find, in a particular case, that a risk that includes an MIR less than the presumptively acceptable level is unacceptable in the light of other health risk factors. Id. at 38045. In other words, risks that include an MIR above 100-in-1 million may be determined to be acceptable, and risks with an MIR below that level may be determined to be unacceptable, depending on all of the available health information. Similarly, with regard to the ample margin of safety analysis, the EPA stated in the Benzene NESHAP that EPA believes the relative weight of the many factors that can be considered in selecting an ample margin of safety can only be determined for each specific source category. This occurs mainly because technological and economic factors (along with the health-related factors) vary from source category to source category. Id. at 38061. We also consider the uncertainties associated with the various risk analyses, as discussed earlier in this preamble, in our determinations of acceptability and ample margin of safety. The EPA notes that it has not considered certain health information to date in making residual risk determinations. At this time, we do not attempt to quantify the HAP risk that may be associated with emissions from other facilities that do not include the source category under review, mobile source emissions, natural source emissions, persistent environmental pollution, or atmospheric transformation in the vicinity of the sources in the category. The EPA understands the potential importance of considering an individual’s total exposure to HAP in addition to considering exposure to HAP emissions from the source category and facility. We recognize that such consideration may be particularly important when assessing noncancer risk, where pollutant-specific exposure health reference levels (e.g., reference concentrations (RfCs)) are based on the assumption that thresholds exist for adverse health effects. For example, the EPA recognizes that, although exposures attributable to emissions from a source PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 54399 category or facility alone may not indicate the potential for increased risk of adverse noncancer health effects in a population, the exposures resulting from emissions from the facility in combination with emissions from all of the other sources (e.g., other facilities) to which an individual is exposed may be sufficient to result in an increased risk of adverse noncancer health effects. In May 2010, the Science Advisory Board (SAB) advised the EPA ‘‘that RTR assessments will be most useful to decision makers and communities if results are presented in the broader context of aggregate and cumulative risks, including background concentrations and contributions from other sources in the area.’’ 3 In response to the SAB recommendations, the EPA incorporates cumulative risk analyses into its RTR risk assessments, including those reflected in this proposal. The Agency (1) conducts facility-wide assessments, which include source category emission points, as well as other emission points within the facilities; (2) combines exposures from multiple sources in the same category that could affect the same individuals; and (3) for some persistent and bioaccumulative pollutants, analyzes the ingestion route of exposure. In addition, the RTR risk assessments consider aggregate cancer risk from all carcinogens and aggregated noncancer HQs for all noncarcinogens affecting the same target organ or target organ system. Although we are interested in placing source category and facility-wide HAP risk in the context of total HAP risk from all sources combined in the vicinity of each source, we are concerned about the uncertainties of doing so. Estimates of total HAP risk from emission sources other than those that we have studied in depth during this RTR review would have significantly greater associated uncertainties than the source category or facility-wide estimates. Such aggregate or cumulative assessments would compound those uncertainties, making the assessments too unreliable. B. How do we perform the technology review? Our technology review focuses on the identification and evaluation of developments in practices, processes, and control technologies that have occurred since the MACT standards 3 Recommendations of the SAB Risk and Technology Review Methods Panel are provided in their report, which is available at: https:// yosemite.epa.gov/sab/sabproduct.nsf/ 4AB3966E263D943A8525771F00668381/$File/EPASAB-10-007-unsigned.pdf. E:\FR\FM\09OCP4.SGM 09OCP4 54400 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS4 were promulgated. Where we identify such developments, we analyze their technical feasibility, estimated costs, energy implications, and non-air environmental impacts. We also consider the emission reductions associated with applying each development. This analysis informs our decision of whether it is ‘‘necessary’’ to revise the emissions standards. In addition, we consider the appropriateness of applying controls to new sources versus retrofitting existing sources. For this exercise, we consider any of the following to be a ‘‘development’’: • Any add-on control technology or other equipment that was not identified and considered during development of the original MACT standards; • Any improvements in add-on control technology or other equipment (that were identified and considered during development of the original MACT standards) that could result in additional emissions reduction; • Any work practice or operational procedure that was not identified or considered during development of the original MACT standards; • Any process change or pollution prevention alternative that could be broadly applied to the industry and that was not identified or considered during development of the original MACT standards; and • Any significant changes in the cost (including cost effectiveness) of applying controls (including controls the EPA considered during the development of the original MACT standards). In addition to reviewing the practices, processes, and control technologies that were considered at the time we originally developed (or last updated) the NESHAP, we review a variety of data sources in our investigation of potential practices, processes, or controls to consider. See sections II.C and II.D of this preamble for information on the specific data sources that were reviewed as part of the technology review. C. How do we estimate post-MACT risk posed by the source category? In this section, we provide a complete description of the types of analyses that we generally perform during the risk assessment process. In some cases, we do not perform a specific analysis because it is not relevant. For example, in the absence of emissions of HAP known to be persistent and bioaccumulative in the environment (PB–HAP), we would not perform a multipathway exposure assessment. Where we do not perform an analysis, VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 we state that we do not and provide the reason. While we present all of our risk assessment methods, we only present risk assessment results for the analyses actually conducted (see section IV.B of this preamble). The EPA conducts a risk assessment that provides estimates of the MIR for cancer posed by the HAP emissions from each source in the source category, the HI for chronic exposures to HAP with the potential to cause noncancer health effects, and the HQ for acute exposures to HAP with the potential to cause noncancer health effects. The assessment also provides estimates of the distribution of cancer risk within the exposed populations, cancer incidence, and an evaluation of the potential for an adverse environmental effect. The eight sections that follow this paragraph describe how we estimated emissions and conducted the risk assessment. The docket for this rulemaking contains the following document which provides more information on the risk assessment inputs and models: Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in Support of the 2019 Risk and Technology Review Proposed Rule. The methods used to assess risk (as described in the eight primary steps below) are consistent with those described by the EPA in the document reviewed by a panel of the EPA’s SAB in 2009; 4 and described in the SAB review report issued in 2010. They are also consistent with the key recommendations contained in that report. 1. How did we estimate actual emissions and identify the emissions release characteristics? The EPA’s initial estimates of actual emissions and the emission release characteristics for each facility in the major source Iron and Steel Foundries source category were based on the 2014 NEI. For this source category, emissions are released from both point and fugitive emissions sources. An example of a point release is furnace emissions that are captured by a control device such as a baghouse and released through a stack. Examples of fugitive releases include uncaptured emissions from mold making or pouring, cooling, and shakeout operations that exit the building through a roof vent or other openings. After compiling the initial 4 U.S. EPA. Risk and Technology Review (RTR) Risk Assessment Methodologies: For Review by the EPA’s Science Advisory Board with Case Studies— MACT I Petroleum Refining Sources and Portland Cement Manufacturing, June 2009. EPA–452/R–09– 006. https://www3.epa.gov/airtoxics/rrisk/ rtrpg.html. PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 emissions estimates from the 2014 NEI, the EPA posted the draft actual emissions estimates and stack parameters on the EPA’s website to allow stakeholders an opportunity to review the data and provide corrections, if appropriate. In some cases, state and local inventory compilers and/or facility representatives were contacted to confirm or correct emissions that appeared to be outliers that were otherwise inconsistent with our understanding of the industry, or that were associated with high risk values in our initial risk screening analyses. Where appropriate, emission values and release characteristics were corrected, based on revised stack parameter information provided by the state, local, or facility representative. These revisions were documented and are included in Appendix 1 of the Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in Support of the 2019 Risk and Technology Review Proposed Rule, which is available in the docket for this action. Nevertheless, some uncertainties remain in the emissions estimates used in our analysis. The annual emission estimates in the NEI are commonly developed using emission factors (rather than actual measurement data) and applying the maximum throughput or permitted operating hours, and, therefore, in some cases, may be conservative (i.e., more likely to be overestimates versus underestimates of the true actual emissions). When available, actual source test data may be used to develop a facility-specific emission rate. Because source test requirements generally specify testing near maximum capacity, source test data generally represent upper-end emissions rates. These emission rates are then generally applied to the permitted operating hours, resulting in high estimates of the actual annual emissions. However, there may also be situations where emissions data are highly uncertain, lacking, or underestimated. For example, the 2014 NEI emissions estimates relied on by the EPA for this source category are developed largely by state or local agencies and different states or local agencies may use different methods to estimate the HAP emissions. We know there are times that state or local agencies used specific emissions factors or emissions estimation procedures to account for some uncaptured fugitive emissions at facilities. These emission estimates are quite uncertain because it is difficult to measure or estimate uncaptured fugitive emissions. On the other hand, there may E:\FR\FM\09OCP4.SGM 09OCP4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS4 be situations where uncaptured fugitive emissions were not estimated such that these emissions may have been underreported in the 2014 NEI emission inventory. The EPA requests comments on the adequacy of the 2014 NEI or other available information for estimating uncaptured fugitive emissions from foundry operations. Additional information on the development of the model input file for the major source category, including the development of the actual emissions and emissions release characteristics, can be found in Appendix 1 to the Residual Risk Assessment for Iron and Steel Foundries Major Source Category in Support of the 2019 Risk and Technology Review Proposed Rule document, which is available in the docket for this proposed rule (Docket ID No. EPA–HQ–OAR–2019–0373). 2. How did we estimate MACTallowable emissions? Typically, the available emissions data in the RTR emissions dataset include estimates of the mass of HAP emitted during a specified annual time period. These ‘‘actual’’ emission levels are often lower than the emission levels allowed under the requirements of the current MACT standards. The emissions allowed under the MACT standards are referred to as the ‘‘MACT-allowable’’ emissions. We discussed the consideration of both MACT-allowable and actual emissions in the final Coke Oven Batteries RTR (70 FR 19998– 19999, April 15, 2005) and in the proposed and final Hazardous Organic NESHAP RTR (71 FR 34428, June 14, 2006, and 71 FR 76609, December 21, 2006, respectively). In those actions, we noted that assessing the risk at the MACT-allowable level is inherently reasonable since that risk reflects the maximum level facilities could emit and still comply with national emission standards. We also explained that it is reasonable to consider actual emissions, where such data are available, in both steps of the risk analysis, in accordance with the Benzene NESHAP approach. (54 FR 38044, September 14, 1989.) As discussed in the prior section, the EPA understands, based on conversations with state and local inventory developers, that the emission estimates reported to the NEI are generally the maximum permitted emissions. Although actual source test data may be used, when available, to develop a facility-specific emission factor or emissions rate, the NEI emissions estimates are commonly developed using default emission factors and the maximum capacity of the plant or maximum permitted VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 operating hours for the source. Therefore, we think the NEI emissions for the Iron and Steel Foundries source category are likely to be more closely representative of allowable emissions than actual emissions. Additionally, for many of the sources, there are two potential emission limits in the NESHAP that the facility may comply with. For example, there are two alternative emission limits for metal melting furnaces: One based on PM and one based on metal HAP. Similarly, most of the organic HAP limits include both a percent reduction standard and a concentration standard. Given the emission limit alternatives available in the Iron and Steel Foundries NESHAP, it is difficult to assess or ‘‘backcalculate’’ the allowable emissions based on the data reported in the NEI. Because the NEI emissions for this source category generally reflect the maximum permitted emissions, and because we could not identify a reasonable alternative approach for developing allowable emission estimates, we assumed the MACTallowable emissions were equal to the estimated actual emissions (as reported to the 2014 NEI along with the corrections described above). For more information, see Estimating Allowable and Acute Emission Rates for Major Source Iron and Steel Foundries document, which is available in the docket for this proposed rule (Docket ID No. EPA–HQ–OAR–2019–0373). We acknowledge that the EPA generally estimates allowable emissions for RTRs by assuming facilities emit each HAP at the level that would be allowed by the numerical emissions limits in the NESHAP and assuming production rates remain at historic typical production levels. However, we did not use this approach for this proposed RTR because of the complexities of the Iron and Steel Foundries NESHAP (described above) and because we had insufficient data to determine appropriate scale-up factors for each of the HAP. Therefore, we used the approach described above to derive estimates of allowable emissions for this proposed rule. We solicit comments regarding our assumptions, data, and approach to derive allowable emissions estimates and whether a different method or approach should be used to calculate allowable emissions. 3. How do we conduct dispersion modeling, determine inhalation exposures, and estimate individual and population inhalation risk? Both long-term and short-term inhalation exposure concentrations and health risk from the major source PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 54401 category addressed in this proposal were estimated using the Human Exposure Model (HEM–3).5 The HEM– 3 performs three primary risk assessment activities: (1) Conducting dispersion modeling to estimate the concentrations of HAP in ambient air, (2) estimating long-term and short-term inhalation exposures to individuals residing within 50 kilometers (km) of the modeled sources, and (3) estimating individual and population-level inhalation risk using the exposure estimates and quantitative doseresponse information. a. Dispersion Modeling The air dispersion model AERMOD, used by the HEM–3 model, is one of the EPA’s preferred models for assessing air pollutant concentrations from industrial facilities.6 To perform the dispersion modeling and to develop the preliminary risk estimates, HEM–3 draws on three data libraries. The first is a library of meteorological data, which is used for dispersion calculations. This library includes 1 year (2016) of hourly surface and upper air observations from 824 meteorological stations, selected to provide coverage of the United States and Puerto Rico. A second library of United States Census Bureau census block 7 internal point locations and populations provides the basis of human exposure calculations (U.S. Census, 2010). In addition, for each census block, the census library includes the elevation and controlling hill height, which are also used in dispersion calculations. A third library of pollutant-specific dose-response values is used to estimate health risk. These are discussed below. b. Risk From Chronic Exposure to HAP In developing the risk assessment for chronic exposures, we use the estimated annual average ambient air concentrations of each HAP emitted by each source in the major source category. The HAP air concentrations at each nearby census block centroid located within 50 km of the facility are a surrogate for the chronic inhalation exposure concentration for all the people who reside in that census block. A distance of 50 km is consistent with both the analysis supporting the 1989 5 For more information about HEM–3, go to https://www.epa.gov/fera/risk-assessment-andmodeling-human-exposure-model-hem. 6 U.S. EPA. Revision to the Guideline on Air Quality Models: Adoption of a Preferred General Purpose (Flat and Complex Terrain) Dispersion Model and Other Revisions (70 FR 68218, November 9, 2005). 7 A census block is the smallest geographic area for which census statistics are tabulated. E:\FR\FM\09OCP4.SGM 09OCP4 54402 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS4 Benzene NESHAP (54 FR 38044, September 14, 1989) and the limitations of Gaussian dispersion models, including AERMOD. For each facility, we calculate the MIR as the cancer risk associated with a continuous lifetime (24 hours per day, 7 days per week, 52 weeks per year, 70 years) exposure to the maximum concentration at the centroid of each inhabited census block. We calculate individual cancer risk by multiplying the estimated lifetime exposure to the ambient concentration of each HAP (in micrograms per cubic meter (mg/m3)) by its unit risk estimate (URE). The URE is an upper-bound estimate of an individual’s incremental risk of contracting cancer over a lifetime of exposure to a concentration of 1 microgram of the pollutant per cubic meter of air. For residual risk assessments, we generally use UREs from the EPA’s Integrated Risk Information System (IRIS). For carcinogenic pollutants without IRIS values, we look to other reputable sources of cancer dose-response values, often using California EPA (CalEPA) UREs, where available. In cases where new, scientifically credible doseresponse values have been developed in a manner consistent with EPA guidelines and have undergone a peer review process similar to that used by the EPA, we may use such doseresponse values in place of, or in addition to, other values, if appropriate. The pollutant-specific dose-response values used to estimate health risk are available at https://www.epa.gov/fera/ dose-response-assessment-assessinghealth-risks-associated-exposurehazardous-air-pollutants. To estimate individual lifetime cancer risks associated with exposure to HAP emissions from each facility in the source category, we sum the risks for each of the carcinogenic HAP 8 emitted 8 The EPA’s 2005 Guidelines for Carcinogen Risk Assessment classifies carcinogens as: ‘‘carcinogenic to humans,’’ ‘‘likely to be carcinogenic to humans,’’ and ‘‘suggestive evidence of carcinogenic potential.’’ These classifications also coincide with the terms ‘‘known carcinogen, probable carcinogen, and possible carcinogen,’’ respectively, which are the terms advocated in the EPA’s Guidelines for Carcinogen Risk Assessment, published in 1986 (51 FR 33992, September 24, 1986). In August 2000, the document, Supplemental Guidance for Conducting Health Risk Assessment of Chemical Mixtures (EPA/630/R–00/002), was published as a supplement to the 1986 document. Copies of both documents can be obtained from https:// cfpub.epa.gov/ncea/risk/recordisplay. cfm?deid=20533& CFID=70315376&CFTOKEN=71597944. Summing the risk of these individual compounds to obtain the cumulative cancer risk is an approach that was recommended by the EPA’s SAB in their 2002 peer review of the EPA’s National Air Toxics Assessment (NATA) titled NATA—Evaluating the National- VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 by the modeled facility. We estimate cancer risk at every census block within 50 km of every facility in the source category. The MIR is the highest individual lifetime cancer risk estimated for any of those census blocks. In addition to calculating the MIR, we estimate the distribution of individual cancer risks for the source category by summing the number of individuals within 50 km of the sources whose estimated risk falls within a specified risk range. We also estimate annual cancer incidence by multiplying the estimated lifetime cancer risk at each census block by the number of people residing in that block, summing results for all of the census blocks, and then dividing this result by a 70-year lifetime. To assess the risk of noncancer health effects from chronic exposure to HAP, we calculate either an HQ or a target organ-specific hazard index (TOSHI). We calculate an HQ when a single noncancer HAP is emitted. Where more than one noncancer HAP is emitted, we sum the HQ for each of the HAP that affects a common target organ or target organ system to obtain a TOSHI. The HQ is the estimated exposure divided by the chronic noncancer dose-response value, which is a value selected from one of several sources. The preferred chronic noncancer dose-response value is the EPA RfC, defined as ‘‘an estimate (with uncertainty spanning perhaps an order of magnitude) of a continuous inhalation exposure to the human population (including sensitive subgroups) that is likely to be without an appreciable risk of deleterious effects during a lifetime’’ (https:// iaspub.epa.gov/sor_internet/registry/ termreg/searchandretrieve/ glossariesandkeywordlists/ search.do?details=& vocabName=IRIS%20Glossary). In cases where an RfC from the EPA’s IRIS is not available or where the EPA determines that using a value other than the RfC is appropriate, the chronic noncancer dose-response value can be a value from the following prioritized sources, which define their dose-response values similarly to the EPA: (1) The Agency for Toxic Substances and Disease Registry (ATSDR) Minimum Risk Level (https:// www.atsdr.cdc.gov/mrls/index.asp); (2) the CalEPA Chronic Reference Exposure Level (REL) (https://oehha.ca.gov/air/ crnr/notice-adoption-air-toxics-hotspots-program-guidance-manualpreparation-health-risk-0); or (3) as scale Air Toxics Assessment 1996 Data—an SAB Advisory, available at https://yosemite.epa.gov/sab/ sabproduct.nsf/214C6E915BB0 4E14852570CA007A682C/$File/ecadv02001.pdf. PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 noted above, a scientifically credible dose-response value that has been developed in a manner consistent with the EPA guidelines and has undergone a peer review process similar to that used by the EPA. The pollutant-specific dose-response values used to estimate health risks are available at https:// www.epa.gov/fera/dose-responseassessment-assessing-health-risksassociated-exposure-hazardous-airpollutants. c. Risk From Acute Exposure to HAP That May Cause Health Effects Other Than Cancer For each HAP for which appropriate acute inhalation dose-response values are available, the EPA also assesses the potential health risks due to acute exposure. For these assessments, the EPA makes conservative assumptions about emission rates, meteorology, and exposure location. In this proposed rulemaking, as part of our efforts to continually improve our methodologies to evaluate the risks that HAP emitted from categories of industrial sources pose to human health and the environment,9 we are revising our treatment of meteorological data to use reasonable worst-case air dispersion conditions in our acute risk screening assessments instead of worst-case air dispersion conditions. This revised treatment of meteorological data and the supporting rationale are described in more detail in Residual Risk Assessment for Iron and Steel Foundries Major Source Category in Support of the 2019 Risk and Technology Review Proposed Rule and in Appendix 5 of the report: Technical Support Document for Acute Risk Screening Assessment. We will be applying this revision in RTR rulemakings proposed on or after June 3, 2019. To assess the potential acute risk to the maximally exposed individual, we use the peak hourly emission rate for each emission point,10 reasonable worst-case air dispersion conditions (i.e., 99th percentile), and the point of highest off-site exposure. Specifically, we assume that peak emissions from the 9 See, e.g., U.S. EPA. Screening Methodologies to Support Risk and Technology Reviews (RTR): A Case Study Analysis (Draft Report, May 2017. https://www3.epa.gov/ttn/atw/rrisk/rtrpg.html). 10 In the absence of hourly emission data, we develop estimates of maximum hourly emission rates by multiplying the average actual annual emissions rates by a factor (either a categoryspecific factor or a default factor of 10) to account for variability. This is documented in Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in Support of the 2019 Risk and Technology Review Proposed Rule and in Appendix 5 of the report: Technical Support Document for Acute Risk Screening Assessment. Both are available in the docket for this rulemaking. E:\FR\FM\09OCP4.SGM 09OCP4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS4 source category and reasonable worstcase air dispersion conditions co-occur and that a person is present at the point of maximum exposure. To characterize the potential health risks associated with estimated acute inhalation exposures to a HAP, we generally use multiple acute doseresponse values, including acute RELs, acute exposure guideline levels (AEGLs), and emergency response planning guidelines (ERPG) for 1-hour exposure durations, if available, to calculate acute HQs. The acute HQ is calculated by dividing the estimated acute exposure concentration by the acute dose-response value. For each HAP for which acute dose-response values are available, the EPA calculates acute HQs. An acute REL is defined as ‘‘the concentration level at or below which no adverse health effects are anticipated for a specified exposure duration.’’ 11 Acute RELs are based on the most sensitive, relevant, adverse health effect reported in the peer-reviewed medical and toxicological literature. They are designed to protect the most sensitive individuals in the population through the inclusion of margins of safety. Because margins of safety are incorporated to address data gaps and uncertainties, exceeding the REL does not automatically indicate an adverse health impact. AEGLs represent threshold exposure limits for the general public and are applicable to emergency exposures ranging from 10 minutes to 8 hours.12 They are guideline levels for ‘‘once-in-a-lifetime, short-term exposures to airborne concentrations of acutely toxic, high-priority chemicals.’’ Id. at 21. The AEGL–1 is specifically defined as ‘‘the airborne concentration (expressed as ppm (parts per million) or mg/m3 (milligrams per cubic meter)) of a substance above which it is predicted that the general population, including susceptible individuals, could experience notable discomfort, 11 CalEPA issues acute RELs as part of its Air Toxics Hot Spots Program, and the 1-hour and 8hour values are documented in Air Toxics Hot Spots Program Risk Assessment Guidelines, Part I, The Determination of Acute Reference Exposure Levels for Airborne Toxicants, which is available at https://oehha.ca.gov/air/general-info/oehha-acute8-hour-and-chronic-reference-exposure-level-relsummary. 12 National Academy of Sciences, 2001. Standing Operating Procedures for Developing Acute Exposure Levels for Hazardous Chemicals, page 2. Available at https://www.epa.gov/sites/production/ files/2015-09/documents/sop_final_standing_ operating_procedures_2001.pdf. Note that the National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances ended in October 2011, but the AEGL program continues to operate at the EPA and works with the National Academies to publish final AEGLs (https:// www.epa.gov/aegl). VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 irritation, or certain asymptomatic nonsensory effects. However, the effects are not disabling and are transient and reversible upon cessation of exposure.’’ The document also notes that ‘‘Airborne concentrations below AEGL–1 represent exposure levels that can produce mild and progressively increasing but transient and nondisabling odor, taste, and sensory irritation or certain asymptomatic, nonsensory effects.’’ Id. AEGL–2 are defined as ‘‘the airborne concentration (expressed as parts per million or milligrams per cubic meter) of a substance above which it is predicted that the general population, including susceptible individuals, could experience irreversible or other serious, long-lasting adverse health effects or an impaired ability to escape.’’ Id. ERPGs are ‘‘developed for emergency planning and are intended as healthbased guideline concentrations for single exposures to chemicals.’’ 13 Id. at 1. The ERPG–1 is defined as ‘‘the maximum airborne concentration below which it is believed that nearly all individuals could be exposed for up to 1 hour without experiencing other than mild transient adverse health effects or without perceiving a clearly defined, objectionable odor.’’ Id. at 2. Similarly, the ERPG–2 is defined as ‘‘the maximum airborne concentration below which it is believed that nearly all individuals could be exposed for up to one hour without experiencing or developing irreversible or other serious health effects or symptoms which could impair an individual’s ability to take protective action.’’ Id. at 1. An acute REL for 1-hour exposure durations is typically lower than its corresponding AEGL–1 and ERPG–1. Even though their definitions are slightly different, AEGL–1s are often the same as the corresponding ERPG–1s, and AEGL–2s are often equal to ERPG– 2s. The maximum HQs from our acute inhalation screening risk assessment typically result when we use the acute REL for a HAP. In cases where the maximum acute HQ exceeds 1, we also report the HQ based on the next highest acute dose-response value (usually the AEGL–1 and/or the ERPG–1). For the Iron and Steel Foundries major source category, we estimated the peak hourly emission rate for each emission point based on the estimates of 13 ERPGS Procedures and Responsibilities. March 2014. American Industrial Hygiene Association. Available at: https://www.aiha.org/get-involved/ AIHAGuidelineFoundation/EmergencyResponse PlanningGuidelines/Documents/ ERPG%20Committee%20Standard%20Operating% 20Procedures%20%20-%20March%202014% 20Revision%20%28Updated%2010-22014%29.pdf. PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 54403 annual actual emissions described above (e.g., 2014 NEI annual emissions estimates) and knowledge of the foundry processes. For foundry emissions sources that operate during the majority of the foundry operating hours, e.g., melting furnaces and pouring, cooling, and shakeout line operations, an emission adjustment factor of 4 was used to estimate a maximum hourly emissions rate from the annual average actual emissions estimates. For sources that have periodic emission releases, like tapping and inoculation, we applied the default factor of 10 because hourly emissions during these periodic operations are not quantifiable but can be significantly higher than the annual average emissions from these sources. These acute factors were applied based on the reported NEI source characterization code for each emission point. For more information, see Appendix 2 of the Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in Support of the 2019 Risk and Technology Review Proposed Rule, which is available in the docket for this proposed rule (Docket ID No. EPA–HQ– OAR–2019–0373). Appendix 2 is titled Estimating Allowable and Acute Emission Rates for Major Source Iron and Steel Foundries. In our acute inhalation screening risk assessment, acute impacts are deemed negligible for HAP for which acute HQs are less than or equal to 1, and no further analysis is performed for these HAP. In cases where an acute HQ from the screening step is greater than 1, we assess site-specific data to ensure that the acute HQ is at an off-site location. For this source category, the data refinements employed are discussed more fully in the Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in Support of the 2019 Risk and Technology Review Proposed Rule, which is available in the docket for this source category. 4. How do we conduct the multipathway exposure and risk screening assessment? The EPA conducts a tiered screening assessment examining the potential for significant human health risks due to exposures via routes other than inhalation (i.e., ingestion). We first determine whether any sources in the source category emit any HAP known to be persistent and bioaccumulative in the environment, as identified in the EPA’s Air Toxics Risk Assessment Library (see Volume 1, Appendix D, at https:// www.epa.gov/fera/risk-assessment-and- E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 54404 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules modeling-air-toxics-risk-assessmentreference-library. For the Iron and Steel Foundries major source category, we identified PB–HAP emissions of polycyclic organic matter (POM) (of which polycyclic aromatic hydrocarbons (PAH) is a subset), lead compounds, mercury compounds, cadmium compounds, and arsenic compounds so we proceeded to the next step of the evaluation. Except for lead, the human health risk screening assessment for PB– HAP consists of three progressive tiers. In a Tier 1 screening assessment, we determine whether the magnitude of the facility-specific emissions of PB–HAP warrants further evaluation to characterize human health risk through ingestion exposure. To facilitate this step, we evaluate emissions against previously developed screening threshold emission rates for several PB– HAP that are based on a hypothetical upper-end screening exposure scenario developed for use in conjunction with the EPA’s Total Risk Integrated Methodology.Fate, Transport, and Ecological Exposure (TRIM.FaTE) model. The PB–HAP with screening threshold emission rates are arsenic compounds, cadmium compounds, chlorinated dibenzodioxins and furans, mercury compounds, and POM. Based on the EPA estimates of toxicity and bioaccumulation potential, these pollutants represent a conservative list for inclusion in multipathway risk assessments for RTR rules. (See Volume 1, Appendix D at https://www.epa.gov/ sites/production/files/2013-08/ documents/volume_1_reflibrary.pdf). In this assessment, we compare the facility-specific emission rates of these PB–HAP to the screening threshold emission rates for each PB–HAP to assess the potential for significant human health risks via the ingestion pathway. We call this application of the TRIM.FaTE model the Tier 1 screening assessment. The ratio of a facility’s actual emission rate to the Tier 1 screening threshold emission rate is a ‘‘screening value.’’ We derive the Tier 1 screening threshold emission rates for these PB– HAP (other than lead compounds) to correspond to a maximum excess lifetime cancer risk of 1-in-1 million (i.e., for arsenic compounds, polychlorinated dibenzodioxins, and furans and POM) or, for HAP that cause noncancer health effects (i.e., cadmium compounds and mercury compounds), a maximum HQ of 1. If the emission rate of any one PB–HAP or combination of carcinogenic PB–HAP in the Tier 1 screening assessment exceeds the Tier 1 screening threshold emission rate for VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 any facility (i.e., the screening value is greater than 1), we conduct a second screening assessment, which we call the Tier 2 screening assessment. The Tier 2 screening assessment separates the Tier 1 combined fisher and farmer exposure scenario into fisher, farmer, and gardener scenarios that retain upperbound ingestion rates. In the Tier 2 screening assessment, the location of each facility that exceeds a Tier 1 screening threshold emission rate is used to refine the assumptions associated with the Tier 1 fisher and farmer exposure scenarios at that facility. A key assumption in the Tier 1 screening assessment is that a lake and/ or farm is located near the facility. As part of the Tier 2 screening assessment, we use a U.S. Geological Survey (USGS) database to identify actual waterbodies within 50 km of each facility and assume the fisher only consumes fish from lakes within that 50 km zone. We also examine the differences between local meteorology near the facility and the meteorology used in the Tier 1 screening assessment. We then adjust the previously-developed Tier 1 screening threshold emission rates for each PB–HAP for each facility based on an understanding of how exposure concentrations estimated for the screening scenario change with the use of local meteorology and the USGS lakes database. In the Tier 2 farmer scenario, we maintain an assumption that the farm is located within 0.5 km of the facility and that the farmer consumes meat, eggs, dairy, vegetables, and fruit produced near the facility. We may further refine the Tier 2 screening analysis by assessing a gardener scenario to characterize a range of exposures, with the gardener scenario being more plausible in RTR evaluations. Under the gardener scenario, we assume the gardener consumes home-produced eggs, vegetables, and fruit products at the same ingestion rate as the farmer. The Tier 2 screen continues to rely on the high-end food intake assumptions that were applied in Tier 1 for local fish (adult female angler at 99th percentile fish consumption 14) and locally grown or raised foods (90th percentile consumption of locally grown or raised foods for the farmer and gardener scenarios 15). If PB–HAP emission rates do not result in a Tier 2 screening value 14 Burger, J. 2002. Daily consumption of wild fish and game: Exposures of high-end recreationists. International Journal of Environmental Health Research 12:343–354. 15 U.S. EPA. Exposure Factors Handbook 2011 Edition (Final). U.S. Environmental Protection Agency, Washington, DC, EPA/600/R–09/052F, 2011. PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 greater than 1, we consider those PB– HAP emissions to pose risks below a level of concern. If the PB–HAP emission rates for a facility exceed the Tier 2 screening threshold emission rates, we may conduct a Tier 3 screening assessment. There are several analyses that can be included in a Tier 3 screening assessment, depending upon the extent of refinement warranted, including validating that the impacted lakes are fishable, locating residential/garden locations for urban and/or rural settings, considering plume-rise to estimate emissions lost above the mixing layer, and considering hourly effects of meteorology and plume-rise on chemical fate and transport (a timeseries analysis). If necessary, the EPA may further refine the screening assessment through a site-specific assessment. In evaluating the potential multipathway risk from emissions of lead compounds, rather than developing a screening threshold emission rate, we compare maximum estimated chronic inhalation exposure concentrations to the level of the current National Ambient Air Quality Standard (NAAQS) for lead.16 Values below the level of the primary (health-based) lead NAAQS are considered to have a low potential for multipathway risk. For further information on the multipathway assessment approach, see the Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in Support of the Risk and Technology Review 2019 Proposed Rule, which is available in the docket for this action. 5. How do we assess risks considering emissions control options? In addition to assessing baseline inhalation risks and screening for potential multipathway risks, we also estimate risks considering the potential emission reductions that would be achieved by the control options under consideration. In these cases, the 16 In doing so, the EPA notes that the legal standard for a primary NAAQS—that a standard is requisite to protect public health and provide an adequate margin of safety (CAA section 109(b))— differs from the CAA section 112(f) standard (requiring, among other things, that the standard provide an ‘‘ample margin of safety to protect public health’’). However, the primary lead NAAQS is a reasonable measure of determining risk acceptability (i.e., the first step of the Benzene NESHAP analysis) since it is designed to protect the most susceptible group in the human population— children, including children living near major lead emitting sources. 73 FR 67002/3; 73 FR 67000/3; 73 FR 67005/1. In addition, applying the level of the primary lead NAAQS at the risk acceptability step is conservative, since that primary lead NAAQS reflects an adequate margin of safety. E:\FR\FM\09OCP4.SGM 09OCP4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules expected emission reductions are applied to the specific HAP and emission points in the RTR emissions dataset to develop corresponding estimates of risk and incremental risk reductions. 6. How do we conduct the environmental risk screening assessment? khammond on DSKJM1Z7X2PROD with PROPOSALS4 a. Adverse Environmental Effect, Environmental HAP, and Ecological Benchmarks The EPA conducts a screening assessment to examine the potential for an adverse environmental effect as required under section 112(f)(2)(A) of the CAA. Section 112(a)(7) of the CAA defines ‘‘adverse environmental effect’’ as ‘‘any significant and widespread adverse effect, which may reasonably be anticipated, to wildlife, aquatic life, or other natural resources, including adverse impacts on populations of endangered or threatened species or significant degradation of environmental quality over broad areas.’’ The EPA focuses on eight HAP, which are referred to as ‘‘environmental HAP,’’ in its screening assessment: Six PB– HAP and two acid gases. The PB–HAP included in the screening assessment are arsenic compounds, cadmium compounds, dioxins/furans, POM, mercury (both inorganic mercury and methyl mercury), and lead compounds. The acid gases included in the screening assessment are hydrochloric acid (HCl) and hydrogen fluoride (HF). HAP that persist and bioaccumulate are of particular environmental concern because they accumulate in the soil, sediment, and water. The acid gases, HCl and HF, are included due to their well-documented potential to cause direct damage to terrestrial plants. In the environmental risk screening assessment, we evaluate the following four exposure media: Terrestrial soils, surface water bodies (includes watercolumn and benthic sediments), fish consumed by wildlife, and air. Within these four exposure media, we evaluate nine ecological assessment endpoints, which are defined by the ecological entity and its attributes. For PB–HAP (other than lead), both community-level and population-level endpoints are included. For acid gases, the ecological assessment evaluated is terrestrial plant communities. An ecological benchmark represents a concentration of HAP that has been linked to a particular environmental effect level. For each environmental HAP, we identified the available ecological benchmarks for each VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 assessment endpoint. We identified, where possible, ecological benchmarks at the following effect levels: Probable effect levels, lowest-observed-adverseeffect level, and no-observed-adverseeffect level. In cases where multiple effect levels were available for a particular PB–HAP and assessment endpoint, we use all of the available effect levels to help us to determine whether ecological risks exist and, if so, whether the risks could be considered significant and widespread. For further information on how the environmental risk screening assessment was conducted, including a discussion of the risk metrics used, how the environmental HAP were identified, and how the ecological benchmarks were selected, see Appendix 9 of the Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in Support of the Risk and Technology Review 2019 Proposed Rule, which is available in the docket for this action. b. Environmental Risk Screening Methodology For the environmental risk screening assessment, the EPA first determined whether any facilities in the Iron and Steel Foundries major source category emitted any of the environmental HAP. For the Iron and Steel Foundries major source category, we identified emissions of arsenic, cadmium, HCl, HF, lead, mercury (methyl mercury and mercuric chloride), and POM. Because one or more of the environmental HAP evaluated are emitted by at least one facility in the source category, we proceeded to the second step of the evaluation. c. PB–HAP Methodology The environmental screening assessment includes six PB–HAP, arsenic compounds, cadmium compounds, dioxins/furans, POM, mercury (both inorganic mercury and methyl mercury), and lead compounds. With the exception of lead, the environmental risk screening assessment for PB–HAP consists of three tiers. The first tier of the environmental risk screening assessment uses the same health-protective conceptual model that is used for the Tier 1 human health screening assessment. TRIM.FaTE model simulations were used to backcalculate Tier 1 screening threshold emission rates. The screening threshold emission rates represent the emission rate in tons of pollutant per year that results in media concentrations at the facility that equal the relevant ecological benchmark. To assess emissions from each facility in the category, the PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 54405 reported emission rate for each PB–HAP was compared to the Tier 1 screening threshold emission rate for that PB–HAP for each assessment endpoint and effect level. If emissions from a facility do not exceed the Tier 1 screening threshold emission rate, the facility ‘‘passes’’ the screening assessment, and, therefore, is not evaluated further under the screening approach. If emissions from a facility exceed the Tier 1 screening threshold emission rate, we evaluate the facility further in Tier 2. In Tier 2 of the environmental screening assessment, the screening threshold emission rates are adjusted to account for local meteorology and the actual location of lakes in the vicinity of facilities that did not pass the Tier 1 screening assessment. For soils, we evaluate the average soil concentration for all soil parcels within a 7.5-km radius for each facility and PB–HAP. For the water, sediment, and fish tissue concentrations, the highest value for each facility for each pollutant is used. If emission concentrations from a facility do not exceed the Tier 2 screening threshold emission rate, the facility ‘‘passes’’ the screening assessment and typically is not evaluated further. If emissions from a facility exceed the Tier 2 screening threshold emission rate, we evaluate the facility further in Tier 3. As in the multipathway human health risk assessment, in Tier 3 of the environmental screening assessment, we examine the suitability of the lakes around the facilities to support life and remove those that are not suitable (e.g., lakes that have been filled in or are industrial ponds), adjust emissions for plume-rise, and conduct hour-by-hour time-series assessments. If these Tier 3 adjustments to the screening threshold emission rates still indicate the potential for an adverse environmental effect (i.e., facility emission rate exceeds the screening threshold emission rate), we may elect to conduct a more refined assessment using more site-specific information. If, after additional refinement, the facility emission rate still exceeds the screening threshold emission rate, the facility may have the potential to cause an adverse environmental effect. To evaluate the potential for an adverse environmental effect from lead, we compared the average modeled air concentrations (from HEM–3) of lead around each facility in the source category to the level of the secondary NAAQS for lead. The secondary lead NAAQS is a reasonable means of evaluating environmental risk because it is set to provide substantial protection against adverse welfare effects which E:\FR\FM\09OCP4.SGM 09OCP4 54406 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules can include ‘‘effects on soils, water, crops, vegetation, man-made materials, animals, wildlife, weather, visibility and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and wellbeing.’’ khammond on DSKJM1Z7X2PROD with PROPOSALS4 d. Acid Gas Environmental Risk Methodology The environmental screening assessment for acid gases evaluates the potential phytotoxicity and reduced productivity of plants due to chronic exposure to HF and HCl. The environmental risk screening methodology for acid gases is a singletier screening assessment that compares modeled ambient air concentrations (from AERMOD) to the ecological benchmarks for each acid gas. To identify a potential adverse environmental effect (as defined in CAA section 112(a)(7) of the CAA) from emissions of HF and HCl, we evaluate the following metrics: The size of the modeled area around each facility that exceeds the ecological benchmark for each acid gas, in acres and km2; the percentage of the modeled area around each facility that exceeds the ecological benchmark for each acid gas; and the area-weighted average screening value around each facility (calculated by dividing the area-weighted average concentration over the 50-km modeling domain by the ecological benchmark for each acid gas). For further information on the environmental screening assessment approach, see Appendix 9 of the Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in Support of the Risk and Technology Review 2019 Proposed Rule, which is available in the docket for this action. 7. How do we conduct facility-wide assessments? To put the source category risks in context, we typically examine the risks from the entire ‘‘facility,’’ where the facility includes all HAP-emitting operations within a contiguous area and under common control. In other words, we examine the HAP emissions not only from the source category emission points of interest, but also emissions of HAP from all other emission sources at the facility for which we have data. For this source category, we conducted the facility-wide assessment using a dataset that the EPA compiled from the 2014 NEI. We used the NEI data for the facility and did not adjust any category or ‘‘non-category’’ data. Therefore, there could be differences in the dataset from that used for the source VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 category assessments described in this preamble. We analyzed risks due to the inhalation of HAP that are emitted ‘‘facility-wide’’ for the populations residing within 50 km of each facility, consistent with the methods used for the source category analysis described above. For these facility-wide risk analyses, we made a reasonable attempt to identify the source category risks, and these risks were compared to the facility-wide risks to determine the portion of facility-wide risks that could be attributed to the source category addressed in this proposal. We also specifically examined the facility that was associated with the highest estimate of risk and determined the percentage of that risk attributable to the source category of interest. The Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in Support of the Risk and Technology Review 2019 Proposed Rule, available through the docket for this action, provides the methodology and results of the facility-wide analyses, including all facility-wide risks and the percentage of source category contribution to facilitywide risks. 8. How do we consider uncertainties in risk assessment? Uncertainty and the potential for bias are inherent in all risk assessments, including those performed for this proposal. Although uncertainty exists, we believe that our approach, which used conservative tools and assumptions, ensures that our decisions are health and environmentally protective. A brief discussion of the uncertainties in the RTR emissions dataset, dispersion modeling, inhalation exposure estimates, and dose-response relationships follows below. Also included are those uncertainties specific to our acute screening assessments, multipathway screening assessments, and our environmental risk screening assessments. A more thorough discussion of these uncertainties is included in the Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in Support of the Risk and Technology Review 2019 Proposed Rule, which is available in the docket for this action. If a multipathway site-specific assessment was performed for this source category, a full discussion of the uncertainties associated with that assessment can be found in Appendix 11 of that document, Site-Specific Human Health Multipathway Residual Risk Assessment Report. PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 a. Uncertainties in the RTR Emissions Dataset Although the development of the RTR emissions dataset involved quality assurance/quality control processes, the accuracy of emissions values will vary depending on the source of the data, the degree to which data are incomplete or missing, the degree to which assumptions made to complete the datasets are accurate, errors in emission estimates, and other factors. The emission estimates considered in this analysis generally are annual totals for certain years, and they do not reflect short-term fluctuations during the course of a year or variations from year to year. The estimates of peak hourly emission rates for the acute effects screening assessment were based on an emission adjustment factor applied to the average annual hourly emission rates, which are intended to account for emission fluctuations due to normal facility operations. b. Uncertainties in Dispersion Modeling We recognize there is uncertainty in ambient concentration estimates associated with any model, including the EPA’s recommended regulatory dispersion model, AERMOD. In using a model to estimate ambient pollutant concentrations, the user chooses certain options to apply. For RTR assessments, we select some model options that have the potential to overestimate ambient air concentrations (e.g., not including plume depletion or pollutant transformation). We select other model options that have the potential to underestimate ambient impacts (e.g., not including building downwash). Other options that we select have the potential to either under- or overestimate ambient levels (e.g., meteorology and receptor locations). On balance, considering the directional nature of the uncertainties commonly present in ambient concentrations estimated by dispersion models, the approach we apply in the RTR assessments should yield unbiased estimates of ambient HAP concentrations. We also note that the selection of meteorology dataset location could have an impact on the risk estimates. As we continue to update and expand our library of meteorological station data used in our risk assessments, we expect to reduce this variability. c. Uncertainties in Inhalation Exposure Assessment Although every effort is made to identify all of the relevant facilities and emission points, as well as to develop accurate estimates of the annual E:\FR\FM\09OCP4.SGM 09OCP4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules emission rates for all relevant HAP, the uncertainties in our emission inventory likely dominate the uncertainties in the exposure assessment. Some uncertainties in our exposure assessment include human mobility, using the centroid of each census block, assuming lifetime exposure, and assuming only outdoor exposures. For most of these factors, there is neither an under nor overestimate when looking at the maximum individual risk or the incidence, but the shape of the distribution of risks may be affected. With respect to outdoor exposures, actual exposures may not be as high if people spend time indoors, especially for very reactive pollutants or larger particles. For all factors, we reduce uncertainty when possible. For example, with respect to census-block centroids, we analyze large blocks using aerial imagery and adjust locations of the block centroids to better represent the population in the blocks. We also add additional receptor locations where the population of a block is not well represented by a single location. khammond on DSKJM1Z7X2PROD with PROPOSALS4 d. Uncertainties in Dose-Response Relationships There are uncertainties inherent in the development of the dose-response values used in our risk assessments for cancer effects from chronic exposures and noncancer effects from both chronic and acute exposures. Some uncertainties are generally expressed quantitatively, and others are generally expressed in qualitative terms. We note, as a preface to this discussion, a point on dose-response uncertainty that is stated in the EPA’s 2005 Guidelines for Carcinogen Risk Assessment; namely, that ‘‘the primary goal of EPA actions is protection of human health; accordingly, as an Agency policy, risk assessment procedures, including default options that are used in the absence of scientific data to the contrary, should be health protective’’ (the EPA’s 2005 Guidelines for Carcinogen Risk Assessment, page 1–7). This is the approach followed here as summarized in the next paragraphs. Cancer UREs used in our risk assessments are those that have been developed to generally provide an upper bound estimate of risk.17 That is, they represent a ‘‘plausible upper limit to the true value of a quantity’’ (although this is usually not a true statistical confidence limit). In some circumstances, the true risk could be as 17 IRIS glossary (https://ofmpub.epa.gov/sor_ internet/registry/termreg/searchandretrieve/ glossariesandkeywordlists/search.do?details=& glossaryName=IRIS%20Glossary). VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 low as zero; however, in other circumstances the risk could be greater.18 Chronic noncancer RfC and reference dose (RfD) values represent chronic exposure levels that are intended to be health-protective levels. To derive dose-response values that are intended to be ‘‘without appreciable risk,’’ the methodology relies upon an uncertainty factor (UF) approach,19 which considers uncertainty, variability, and gaps in the available data. The UFs are applied to derive dose-response values that are intended to protect against appreciable risk of deleterious effects. Many of the UFs used to account for variability and uncertainty in the development of acute dose-response values are quite similar to those developed for chronic durations. Additional adjustments are often applied to account for uncertainty in extrapolation from observations at one exposure duration (e.g., 4 hours) to derive an acute dose-response value at another exposure duration (e.g., 1 hour). Not all acute dose-response values are developed for the same purpose, and care must be taken when interpreting the results of an acute assessment of human health effects relative to the dose-response value or values being exceeded. Where relevant to the estimated exposures, the lack of acute dose-response values at different levels of severity should be factored into the risk characterization as potential uncertainties. Uncertainty also exists in the selection of ecological benchmarks for the environmental risk screening assessment. We established a hierarchy of preferred benchmark sources to allow selection of benchmarks for each environmental HAP at each ecological assessment endpoint. We searched for benchmarks for three effect levels (i.e., no-effects level, threshold-effect level, and probable effect level), but not all combinations of ecological assessment/ environmental HAP had benchmarks for all three effect levels. Where multiple effect levels were available for a particular HAP and assessment endpoint, we used all of the available effect levels to help us determine whether risk exists and whether the risk 18 An exception to this is the URE for benzene, which is considered to cover a range of values, each end of which is considered to be equally plausible, and which is based on maximum likelihood estimates. 19 See A Review of the Reference Dose and Reference Concentration Processes, U.S. EPA, December 2002, and Methods for Derivation of Inhalation Reference Concentrations and Application of Inhalation Dosimetry, U.S. EPA, 1994. PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 54407 could be considered significant and widespread. Although we make every effort to identify appropriate human health effect dose-response values for all pollutants emitted by the sources in this risk assessment, some HAP emitted by this source category are lacking doseresponse assessments. Accordingly, these pollutants cannot be included in the quantitative risk assessment, which could result in quantitative estimates understating HAP risk. To help to alleviate this potential underestimate, where we conclude similarity with a HAP for which a dose-response value is available, we use that value as a surrogate for the assessment of the HAP for which no value is available. To the extent use of surrogates indicates appreciable risk, we may identify a need to increase priority for an IRIS assessment for that substance. We additionally note that, generally speaking, HAP of greatest concern due to environmental exposures and hazard are those for which dose-response assessments have been performed, reducing the likelihood of understating risk. Further, HAP not included in the quantitative assessment are assessed qualitatively and considered in the risk characterization that informs the risk management decisions, including consideration of HAP reductions achieved by various control options. For a group of compounds that are unspeciated (e.g., glycol ethers), we conservatively use the most protective dose-response value of an individual compound in that group to estimate risk. Similarly, for an individual compound in a group (e.g., ethylene glycol diethyl ether) that does not have a specified dose-response value, we also apply the most protective dose-response value from the other compounds in the group to estimate risk. e. Uncertainties in Acute Inhalation Screening Assessments In addition to the uncertainties highlighted above, there are several factors specific to the acute exposure assessment that the EPA conducts as part of the risk review under CAA section 112 of the CAA. The accuracy of an acute inhalation exposure assessment depends on the simultaneous occurrence of independent factors that may vary greatly, such as hourly emissions rates, meteorology, and the presence of a person. In the acute screening assessment that we conduct under the RTR program, we assume that peak emissions from the source category and reasonable worst-case air dispersion conditions (i.e., 99th percentile) cooccur. We then include the additional E:\FR\FM\09OCP4.SGM 09OCP4 54408 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS4 assumption that a person is located at this point at the same time. Together, these assumptions represent a reasonable worst-case exposure scenario. In most cases, as it is unlikely that a person would be located at the point of maximum exposure during the time when peak emissions and reasonable worst-case air dispersion conditions occur simultaneously. f. Uncertainties in the Multipathway and Environmental Risk Screening Assessments For each source category, we generally rely on site-specific levels of PB–HAP or environmental HAP emissions to determine whether a refined assessment of the impacts from multipathway exposures is necessary or whether it is necessary to perform an environmental screening assessment. This determination is based on the results of a three-tiered screening assessment that relies on the outputs from models—TRIM.FaTE and AERMOD—that estimate environmental pollutant concentrations and human exposures for five PB–HAP (dioxins, POM, mercury, cadmium, and arsenic) and two acid gases (HF and HCl). For lead, we use AERMOD to determine ambient air concentrations, which are then compared to the secondary NAAQS standard for lead. Two important types of uncertainty associated with the use of these models in RTR risk assessments and inherent to any assessment that relies on environmental modeling are model uncertainty and input uncertainty.20 Model uncertainty concerns whether the model adequately represents the actual processes (e.g., movement and accumulation) that might occur in the environment. For example, does the model adequately describe the movement of a pollutant through the soil? This type of uncertainty is difficult to quantify. However, based on feedback received from previous EPA SAB reviews and other reviews, we are confident that the models used in the screening assessments are appropriate and state-of-the-art for the multipathway and environmental screening risk assessments conducted in support of RTR. Input uncertainty is concerned with how accurately the models have been configured and parameterized for the assessment at hand. For Tier 1 of the multipathway and environmental screening assessments, we configured the models to avoid underestimating 20 In the context of this discussion, the term ‘‘uncertainty’’ as it pertains to exposure and risk encompasses both variability in the range of VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 exposure and risk. This was accomplished by selecting upper-end values from nationally representative datasets for the more influential parameters in the environmental model, including selection and spatial configuration of the area of interest, lake location and size, meteorology, surface water, soil characteristics, and structure of the aquatic food web. We also assume an ingestion exposure scenario and values for human exposure factors that represent reasonable maximum exposures. In Tier 2 of the multipathway and environmental screening assessments, we refine the model inputs to account for meteorological patterns in the vicinity of the facility versus using upper-end national values, and we identify the actual location of lakes near the facility rather than the default lake location that we apply in Tier 1. By refining the screening approach in Tier 2 to account for local geographical and meteorological data, we decrease the likelihood that concentrations in environmental media are overestimated, thereby increasing the usefulness of the screening assessment. In Tier 3 of the screening assessments, we refine the model inputs again to account for hourby-hour plume-rise and the height of the mixing layer. We can also use those hour-by-hour meteorological data in a TRIM.FaTE run using the screening configuration corresponding to the lake location. These refinements produce a more accurate estimate of chemical concentrations in the media of interest, thereby reducing the uncertainty with those estimates. The assumptions and the associated uncertainties regarding the selected ingestion exposure scenario are the same for all three tiers. For the environmental screening assessment for acid gases, we employ a single-tiered approach. We use the modeled air concentrations and compare those with ecological benchmarks. For all tiers of the multipathway and environmental screening assessments, our approach to addressing model input uncertainty is generally cautious. We choose model inputs from the upper end of the range of possible values for the influential parameters used in the models, and we assume that the exposed individual exhibits ingestion behavior that would lead to a high total exposure. This approach reduces the likelihood of not identifying high risks for adverse impacts. Despite the uncertainties, when individual pollutants or facilities do not exceed screening threshold emission rates (i.e., screen out), we are confident that the potential for adverse multipathway impacts on human health is very low. On the other hand, when individual pollutants or facilities do exceed screening threshold emission rates, it does not mean that impacts are significant, only that we cannot rule out that possibility and that a refined assessment for the site might be necessary to obtain a more accurate risk characterization for the source category. The EPA evaluates the following HAP in the multipathway and/or environmental risk screening assessments, where applicable: Arsenic, cadmium, dioxins/furans, lead, mercury (both inorganic and methyl mercury), POM, HCl, and HF. These HAP represent pollutants that can cause adverse impacts either through direct exposure to HAP in the air or through exposure to HAP that are deposited from the air onto soils and surface waters and then through the environment into the food web. These HAP represent those HAP for which we can conduct a meaningful multipathway or environmental screening risk assessment. For other HAP not included in our screening assessments, the model has not been parameterized such that it can be used for that purpose. In some cases, depending on the HAP, we may not have appropriate multipathway models that allow us to predict the concentration of that pollutant. The EPA acknowledges that other HAP beyond these that we are evaluating may have the potential to cause adverse effects and, therefore, the EPA may evaluate other relevant HAP in the future, as modeling science and resources allow. expected inputs and screening results due to existing spatial, temporal, and other factors, as well as uncertainty in being able to accurately estimate the true result. PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 IV. Analytical Results and Proposed Decisions A. What are the results of the risk assessment and analyses? 1. Chronic Inhalation Risk Assessment Results The EPA completed an inhalation risk assessment for the major source Iron and Steel Foundries source category. Table 2 of this preamble provides a summary of the results of the inhalation risk assessment for the major source category. More detailed information on the risk assessment can be found in the risk document titled Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in E:\FR\FM\09OCP4.SGM 09OCP4 54409 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules Support of the Risk and Technology Review 2019 Proposed Rule, available in the docket for this rule. TABLE 2—IRON AND STEEL FOUNDRIES INHALATION RISK ASSESSMENT RESULTS FOR MAJOR SOURCES Number of facilities 1 Maximum individual cancer risk (in-1 million) 2 based on . . . Actual/allowable emissions 3 45 ...................... Population at increased risk of cancer ≥1-in-1 million 50 (naphthalene, benzene). 144,000 ≥10-in-1 million Annual cancer incidence (cases per year) based on . . . Maximum chronic noncancer TOSHI based on . . . Maximum Screening Acute Noncancer HQ 4 based on . . . Actual/allowable emissions Actual/allowable emissions Actual emissions 0.02 0.5 (spleen; aniline) 6,900 1 (arsenic). 1 Number of major source facilities evaluated in the risk analysis. individual excess lifetime cancer risk due to HAP emissions from the source category. 3 Actual and allowable emissions are the same for this source category. 4 Arsenic REL. The maximum estimated acute exposure concentration was divided by available short-term dose-response values to develop an array of HQ values. HQ values shown use the lowest available acute dose-response value, which in most cases is the REL. When an HQ exceeds 1, we also show the HQ using the next lowest available acute dose-response value. khammond on DSKJM1Z7X2PROD with PROPOSALS4 2 Maximum The assessment of inhalation risk from exposure to actual emissions estimates that the increased risk of cancer for the individual most exposed to emissions from the source category (the MIR) is 50-in-1 million, primarily driven by naphthalene from steel foundries mold and core making processes and benzene from steel foundries pouring, cooling, and shakeout processes. The second highest risk facility in the source category has an estimated maximum risk of slightly less than 50-in-1 million, driven by PAHs and napthalene from iron foundries pouring, cooling, and shakeout processes. The estimated maximum risk attributable to emissions of metal HAP (e.g., chromium and nickel) is 30-in-1 million. In total, eight facilities are predicted to pose cancer risk greater than or equal to 10-in-1 million. The total estimated cancer incidence due to emissions from this source category is 0.02 excess cancer cases per year, or one excess case about every 50 years. About 144,000 people are estimated to have cancer risks at or above 1-in-1 million from HAP emitted from the sources in this source category, with 6,900 of those people estimated to have cancer risks greater than or equal to 10-in-1 million. The estimated maximum chronic noncancer TOSHI due to the sources in the source category is 0.5 (spleen) driven by emissions of aniline compounds from iron foundries metal melting processes. No individual would have exposures resulting in a TOSHI at or above 1. See the risk background document referenced above for details of these analyses. 2. Screening Level Acute Risk Assessment Results Table 2 of this preamble provides the results of the acute inhalation analysis. Based on actual baseline emissions, the VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 highest refined screening acute HQ is estimated to be 1 (based on the acute REL for arsenic compounds from two facilities). The methodology for conducting the acute assessment included refining the analysis to ensure that the highest acute exposure was outside facility boundaries. No facilities are estimated to have an acute HQ based on an REL, AEGL, or an EPRG greater than 1. By definition, the acute REL represents a health-protective level of exposure, with effects not anticipated below those levels, even for repeated exposures. 3. Multipathway Risk Screening and Site-Specific Assessments Results The PB–HAP emitted by facilities in this source category include POM (of which PAH is a subset), lead compounds, mercury compounds, cadmium compounds and arsenic compounds. To identify potential multipathway health risks from PB– HAP other than lead, we first performed a tiered screening assessment based on emissions of PB–HAP emitted from each facility in the source category. Of the 45 facilities in the source category, 23 facilities reported emissions of carcinogenic PB–HAP (arsenic and POM), and 21 facilities reported emissions of non-carcinogenic PB–HAP (cadmium and mercury). Three facilities’ emission rates of POM exceeded the Tier 1 screening threshold emission rate by up to a factor of 780. Twelve facilities’ emission rates of arsenic exceeded the Tier 1 screening threshold emission rate by up to a factor of 24. For the non-carcinogens, mercury was emitted at rates that exceeded the Tier 1 screening threshold emission rate at nine facilities, with the maximum exceedance by a factor of 110. Two facilities exceeded the Tier 1 screening threshold emission rate for cadmium, PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 with the maximum exceedance by a factor of 5. For the PB–HAP and facilities that exceeded the Tier 1 multipathway screening threshold emission rate, we used facility site-specific information to refine some of the assumptions associated with the local area around the facilities. While maintaining the exposure assumptions, we refined the scenario to examine a subsistence fisher and a gardener separately to develop a Tier 2 screening threshold emission rate. As described in section III.C.4 of this preamble, the ratio of a facility’s actual emission rate to the screening threshold emission rate is referred to as a ‘‘screening value.’’ The result of this assessment was the development of sitespecific Tier 2 emission screening values for each of the PB–HAP. Based on this Tier 2 screening assessment, POM emissions exceeded the cancer screening threshold emission rate values at two facilities, with maximum Tier 2 screening value of 14 for the fisher scenario and a screening value of 19 for the gardener scenario. One facility had a Tier 2 cancer screening value for arsenic of 4. For mercury, seven facilities’ emissions exceeded the Tier 2 screening threshold emission rate, with the maximum screening value of 14. No facility exceeded the Tier 2 screening threshold emission rate for cadmium. A Tier 3 multipathway screening analysis was not conducted for this source category. Instead, as noted below, a sitespecific refined analysis was performed. An exceedance of a screening threshold emissions rate (i.e., a screening value greater than 1) in any of the tiers cannot be equated with a cancer risk or a noncancer HQ (or HI). Rather, because of the conservative, or health-protective, assumptions incorporated into the screening analyses, a screening value represents a E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 54410 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules high-end estimate of what the cancer risk or HQ may be. We choose inputs from the upper end of the range of possible values for the influential parameters used in the screening tiers; and we assume that the exposed individual exhibits ingestion behavior that would lead to a high total exposure. When tiered screening values for any facility indicate a potential health risk of concern to the public, we may conduct a more refined multipathway assessment. A refined or site-specific assessment replaces many of the assumptions made in the screening assessment with site-specific information. For this source category, we conducted a site-specific multipathway assessment for one of the facilities based upon their mercury emissions. To select the candidate facility for the site-specific assessment, we examined the facilities with the highest Tier 2 mercury screening values and assessed other site-specific information. Considering this information, the Cadillac Casting Inc. facility in Cadillac, Michigan, was selected. We expect that the exposures we assessed for this facility would be among the highest and therefore be representative of the highest potential multipathway risk for the source category. The site-specific multipathway analysis for mercury estimated a maximum noncancer HQ of 0.05 from fish ingestion under a scenario where an adult female angler is consuming fish at the 99th percentile ingestion rate for a subsistence fisherman. The protocol for developing the refined site-specific multipathway assessment, input data, assumptions, and detailed results are presented in the risk document titled Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in Support of the Risk and Technology Review 2019 Proposed Rule, available in the docket for this action. In evaluating the potential for multipathway risk from emissions of lead, we compared modeled annual lead concentrations to the primary NAAQS for lead (0.15 mg/m3). The highest annual lead concentration of 0.04 mg/m3 is well below the NAAQS for lead, indicating low potential for multipathway risk of concern due to lead emissions. 4. Environmental Risk Screening Results As described in section III.C of this document, we conducted an environmental risk screening assessment for the Iron and Steel Foundries major source category for the following pollutants: Arsenic, cadmium, VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 HCl, HF, lead, mercury (methyl mercury and mercuric chloride), and POM. In the Tier 1 screening analysis for PB–HAP (other than lead, which was evaluated differently), arsenic and dioxins/furans emissions had no Tier 1 exceedances for any ecological benchmark. Cadmium emissions at one facility had Tier 1 exceedances for the surface soil no-observed-adverse-effectlevel (NOAEL) (mammalian insectivores) benchmark by a maximum factor of 2. Divalent mercury emissions at eight facilities had Tier 1 exceedances for the surface soil threshold level (invertebrate and plant communities) and the sediment threshold level by a maximum factor of 50. Methyl mercury at 10 facilities had Tier 1 exceedances for the surface soil NOAEL (avian ground insectivores and mammalian insectivores), fish NOAEL (avian piscivores), and fish geometricmaximum-allowable-toxicant-level (GMATL) (avian piscivores) by a maximum factor of 80. The POM emissions at two facilities had Tier 1 exceedances for the sediment no-effect level, sediment threshold level, watercolumn community threshold level, and surface soil NOAEL (mammalian insectivores) benchmarks by a maximum factor of 50. A Tier 2 screening assessment was performed for cadmium, divalent mercury, methyl mercury, and POM. Cadmium, divalent mercury, and methyl mercury had no Tier 2 exceedances of any ecological benchmark. POM emissions at one facility had Tier 2 exceedances of a sediment community no-effect level benchmark by a maximum factor of 5. This exceedance was identified for Brinker Lake in Waterloo, Iowa. Upon further evaluation, we found that over half of Brinker Lake is highly disturbed by a sand and gravel dredge mining operation. Therefore, any impact to natural lake sediments and sediment communities from the POM emissions would be minimal in this highly disturbed lake. We looked at the lake with the next highest exceedance from POM emissions, which is a lake just to the west of Brinker Lake named George Wythe Lake; this lake also had an exceedance of the screening value by a factor of 5 for POM for a sediment community no-effect level benchmark. No other POM benchmarks were exceeded for POM emissions in Tier 2. Specifically, none of the other POM sediment community benchmarks were exceeded, including the threshold level and the probable-effect level. In addition, no other POM no-effect level evaluated (mammalian piscivores and mammalian insectivores) was exceeded. PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 Therefore, we do not expect an adverse environmental effect as a result of the POM emissions. For lead, we did not estimate any exceedances of the secondary lead NAAQS. For HCl and HF, the average modeled concentration around each facility (i.e., the average concentration of all off-site data points in the modeling domain) did not exceed any ecological benchmark. In addition, each individual modeled concentration of HCl and HF (i.e., each off-site data point in the modeling domain) was below the ecological benchmarks for all facilities. 5. Facility-Wide Risk Results Based on facility-wide emissions, the estimated inhalation cancer MIR is 60in-1 million, mainly driven by the Iron and Steel Foundries major source category, specifically by naphthalene and benzene from steel foundries mold and core making processes and by benzene from steel foundries pouring, cooling, and shakeout processes. The total estimated cancer incidence from the facility-wide analysis is 0.02 excess cancer cases per year, or one excess case every 50 years. Approximately 164,000 people were estimated to have cancer risks at or above 1-in-1 million, and 7,200 of these people were estimated to have cancer risks at or above 10-in-1 million, from exposure to HAP emitted from sources that are part of the Iron and Steel Foundries major source category and sources that are not part of the source category. The maximum facility-wide TOSHI (neurological) is estimated to be 0.9, mainly driven by emissions of lead and manganese compound emissions from non-category fugitive sources. Emissions from noncategory sources are described in the document titled Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in Support of the Risk and Technology Review 2019 Proposed Rule, available in the docket for this action. 6. What demographic groups might benefit from this regulation? To examine the potential for any environmental justice issues that might be associated with the source category, we performed a demographic analysis, which is an assessment of risks to individual demographic groups of the populations living within 5 km and within 50 km of the facilities. In the analysis, we evaluated the distribution of HAP-related cancer and noncancer risks from the Iron and Steel Foundries source category across different E:\FR\FM\09OCP4.SGM 09OCP4 54411 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules demographic groups within the populations living near facilities.21 The results of the demographic analysis are summarized in Table 3 below. These results, for various demographic groups, are based on the estimated risk from actual emissions for the population living within 50 km of the facilities. TABLE 3—IRON AND STEEL FOUNDRIES DEMOGRAPHIC RISK ANALYSIS RESULTS Item Nationwide Population with cancer risk at or above 1-in-1 million due to iron and steel foundries Total Population ......................................................................................................... 317,746,049 144,053 0 62 38 66 34 0 0 12 0.8 18 7 16 0.2 15 4 0 0 0 0 14 86 20 80 0 0 14 86 19 81 0 0 6 4 0 Population with chronic HI at or above 1 due to iron and steel foundries White and Minority by Percent White .......................................................................................................................... Minority ...................................................................................................................... Minority by Percent African American ....................................................................................................... Native American ........................................................................................................ Hispanic or Latino includes white and nonwhite) ...................................................... Other and Multiracial ................................................................................................. Income by Percent Below Poverty Level .................................................................................................. Above Poverty Level .................................................................................................. Education by Percent Over 25 and without High School Diploma ............................................................... Over 25 and with a High School Diploma ................................................................. Linguistically Isolated by Percent khammond on DSKJM1Z7X2PROD with PROPOSALS4 Linguistically Isolated ................................................................................................. The results of the Iron and Steel Foundries major source category demographic analysis indicate that emissions from the source category expose approximately 144,000 people to a cancer risk at or above 1-in-1 million and zero people to a chronic noncancer HI greater than or equal to 1. The African American population exposed to a cancer risk at or above 1-in-1 million due to iron and steel foundries emissions is 4 percent above the national average. Likewise, populations living ‘‘Below Poverty Level’’ and ‘‘Over 25 and without High School Diploma’’ are exposed to cancer risk above 1-in-1 million, 6 and 4 percent above the national average, respectively. The percentages of the at-risk population in other demographic groups are similar to or lower than their respective nationwide percentages. The methodology and the results of the demographic analysis are presented in a technical report, Risk and Technology Review—Analysis of Demographic Factors for Populations Living Near Iron and Steel Foundries, available in the docket for this action. 21 Demographic groups included in the analysis are: White, African American, Native American, other races and multiracial, Hispanic or Latino, children 17 years of age and under, adults 18 to 64 years of age, adults 65 years of age and over, adults without a high school diploma, people living below VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 B. What are our proposed decisions regarding risk acceptability, ample margin of safety, and adverse environmental effect? 1. Risk Acceptability As noted in section II.A of this preamble, the EPA sets standards under CAA section 112(f)(2) using ‘‘a two-step standard-setting approach, with an analytical first step to determine an ‘acceptable risk’ that considers all health information, including risk estimation uncertainty, and includes a presumptive limit on MIR of approximately 1-in-10 thousand’’ (54 FR 38045, September 14, 1989). For the Iron and Steel Foundries major source category, the risk analysis estimates that the maximum cancer risk to the individual most exposed is 50-in-1 million due to actual emissions or allowable emissions. This risk is less PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 than 100-in-1 million, which is the presumptive upper limit of acceptable risk. The estimated incidence of cancer due to inhalation exposures for the source category is 0.02 excess cancer cases per year, or one excess case every 50 years. We estimate that approximately 144,000 people face an increased cancer risk greater than or equal to 1-in-1 million due to inhalation exposure to HAP emissions from this source category. The Agency estimates that the maximum chronic noncancer TOSHI from inhalation exposure, 0.5 (spleen), is less than 1. The screening assessment of worst-case acute inhalation impacts estimates a maximum acute HQ of 1 (due to arsenic) based on the REL. With regard to multipathway human health risks, we estimate the maximum cancer risk for the highest exposed individual is 20-in1 million (due to POM) and the maximum noncancer chronic HI is less than 1 for all the PB–HAP. the poverty level, people living two times the poverty level, and linguistically isolated people. E:\FR\FM\09OCP4.SGM 09OCP4 54412 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules Considering all of the health risk information and factors discussed above, the EPA proposes that the risks are acceptable. The estimated cancer risks are below the presumptive limit of acceptability, and the noncancer risk results indicate there is minimal likelihood of adverse noncancer health effects due to HAP emissions from this source category. khammond on DSKJM1Z7X2PROD with PROPOSALS4 2. Ample Margin of Safety Analysis Under the ample margin of safety analysis, we evaluated the cost and feasibility of available control technologies and other measures (including the controls, measures, and costs reviewed under the technology review) that could be applied to further reduce the risks (or potential risks) due to emissions of HAP from the source category. In this analysis, we considered the results of the technology review, risk assessment, and other aspects of our MACT rule review to determine whether there are any controls or other measures that would reduce risk further and would be required to provide an ample margin of safety to protect public health. Our risk analysis estimates that the maximum individual cancer risk is 50in-1 million from the Iron and Steel Foundries major source category and that 144,000 people may be exposed to cancer risk exceeding 1-in-1 million. Therefore, we evaluated the sources and HAP that contribute most to these risks and assessed control options that would result in reducing these cancer risks. Based on our analysis, these cancer risks are driven largely by naphthalene, benzene, and PAH emissions from PCS lines and by naphthalene emissions from mold and core making operations. However, HAP metals also pose cancer risks, as described below. With regard to organic HAP, three potential emission reduction measures were identified: Low-emitting binder formulations, carbon adsorption, and thermal oxidizers. In addition, one potential emission reduction measure for metal HAP was identified: Capture systems combined with a particulate control device (e.g., scrubber or baghouse). Our evaluation of these emission reduction options are discussed below. a. Low-Emitting Binder Formulations for Organic HAP Emissions Reduction Low-emitting or ‘‘green’’ binder formulations may include inorganic binder formulations or organic binder formulations with reduced levels of HAP and/or total organics. Reduced organic HAP content in the chemical binders leads to reductions in organic VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 HAP emissions from the mold and core making operations. Organic HAP emissions from PCS lines are impacted by both the HAP content of the binders and the total organic content of the binders available for pyrolysis when exposed to molten metal. Therefore, a binder system with low HAP content but with a high overall organic content may still have substantial emissions during the PCS process. Thus, there are some difficulties determining whether an organic binder system is ‘‘low emitting,’’ and testing generally would be needed to ensure an alternative organic binder system would reduce emissions for the facility when considering mold and core making and PCS emissions combined. Inorganic binder systems, on the other hand, are generally effective at reducing HAP emissions from both mold and core making operations and PCS lines and may be considered ‘‘low-emitting’’ with limited or no additional testing. However, inorganic binder systems may not be practical or feasible in some applications. Different binder systems exist because of their different properties and capabilities. The size, shape, and tolerance of the castings, the production volume, and the environmental conditions (temperature and humidity) must all be considered when selecting a binder system. Some binder formulations may have poor performance when the humidity is high; some may be negatively impacted by high or low ambient temperatures; some may not have the strength needed for large castings, while others may be too durable, making them difficult to separate from the metal castings (increasing shakeout times). Based on the myriad of conditions impacting binder selection, there is no single binder system that will work in all applications, and we cannot determine if a low-emitting binder alternative is available for all applications. As such, we conclude that it would be inappropriate to propose a national emissions standard requiring the use of low-emitting binder systems. We recognize that some facilities may be able to meet tighter organic HAP emission limits, if established, using low-emitting binder systems; however, there would likely be cases where lowemitting binder systems could not meet production performance requirements and, therefore, other control options might be needed. Therefore, we are not proposing any requirements based on use of binders to reduce emissions. However, we solicit comments and data on the potential use of low emitting PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 binders to reduce organic HAP emissions and whether any such requirement should be considered for the Iron and Steel Foundries NESHAP. b. Carbon Adsorption and Thermal Oxidizers for Organic HAP Emissions Reduction Carbon adsorption and thermal oxidizers are both add-on control measures for organic HAP that we identified and considered for control of PCS lines during the development of the MACT standard for major source iron and steel foundries (67 FR 78292). These control systems are also applicable to mold and core making operations, and we expect that the design and performance of these controls when applied to mold and core making operations would be similar to that for PCS lines. The control efficiency for a carbon adsorption system is typically 90 to 95 percent, while thermal oxidizers typically achieve 98 percent or higher destruction efficiencies. However, at low concentrations, the control efficiency of the system generally declines, and the EPA has a long history of establishing an alternative organic concentration limit of 20 parts per million by volume (ppmv) to address cases of low inlet concentrations. Based on the low organic HAP concentrations observed in measured emissions from well-captured PCS lines, the EPA established a volatile organic HAP limit of 20 ppmv in the original NESHAP for automated conveyor and pallet cooling lines and automated shakeout lines for new iron and steel foundries that use a sand mold system [40 CFR 63.7690(a)(10)] and did not provide a control efficiency alternative. Note that this control system is for sources at new iron and steel foundries where close capture hooding systems can be integrated into the foundry design. If capture systems are not present and need to be added to control emissions from existing mold and core making or PCS lines, we expect the hooding system will be less enclosed and require more ventilation air to capture the emissions. Consequently, the inlet organic HAP concentrations are expected to be less than 100 ppmv going into the control device, which is considered a relatively low inlet concentration for these types of control devices. We reviewed the 2014 NEI data and developed aggregate organic HAP emission estimates for each foundry from their mold and core making and PCS lines. We estimated that total volatile organic compound (VOC) emissions were approximately 1.5 times the organic HAP emissions. We then E:\FR\FM\09OCP4.SGM 09OCP4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS4 developed four differently sized model control systems to span the range of emissions observed in the NEI data. In this screening analysis, we developed a single control system for the aggregate emissions from mold and core making and PCS lines. In practice, these emission sources may be a large distance apart, and it may not be practical to employ a single control system for the aggregate emissions. However, for a screening assessment, we conclude this assumption represents the most cost-effective control scenario. If the cost for the aggregate control system is determined to be not cost effective under this scenario, we can conclude with confidence that separate control systems for mold and core making and PCS lines would also not be cost effective. The capital investment and total annualized costs for four differently sized carbon adsorption and thermal oxidizer control systems (both recuperative and regenerative) were developed using the recently updated chapters of the EPA Air Pollution Control Cost Manual.22 23 24 These model plant control systems were assigned to each major source iron and steel foundry based on their reported 2014 NEI emissions. The emission reductions for each facility were estimated assuming the carbon adsorption system would achieve 90-percent control efficiency and that the thermal oxidizer would achieve greater than 99-percent control efficiency. Based on the inlet concentrations expected, particularly for a retrofit control system where close capture hooding may not be feasible, the assumed emission reductions serve as an upper-range estimate. It is likely that the exhaust concentration of organic HAP would be less than 100 ppmv, so that meeting the 20-ppmv emissions limit in the current NESHAP would only require 80- percent, or less, emissions reduction. Nonetheless, we assumed an upper-range emission reduction for this analysis because this assumption would yield lower costeffectiveness values. If the control system is not cost effective using these upper-range emission reduction 22 Carbon Adsorbers. Section 3.1, Chapter 1 as revised for the 7th Edition of EPA Air Pollution Control Cost Manual. October 2018. Available at: https://www.epa.gov/sites/production/files/201810/documents/final_carbonadsorberschapter_ 7thedition.pdf. 23 Incinerators and Oxidizers. Section 3.2, Chapter 2 as revised for the 7th Edition of EPA Air Pollution Control Cost Manual. November 2017. Available at: https://www.epa.gov/sites/production/ files/2017-12/documents/oxidizersincinerators_ chapter2_7theditionfinal.pdf. 24 All costs provided in this section are in 2017 dollars. VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 estimates, we can conclude that the control systems for mold and core making and PCS lines would not be cost effective when applied to the actual facilities, which are expected to have low inlet organic HAP concentrations and likely lower required control efficiencies. Our analysis indicated that the cost effectiveness, measured in dollars per ton, was significantly lower for the carbon adsorption control system compared to both the recuperative and regenerative thermal oxidizer control systems. The nationwide total capital investment for carbon adsorption control systems was estimated to be $27 million spread across 25 facilities which reported organic HAP emissions from these sources.25 The nationwide total capital investment for recuperative thermal oxidizer control systems was similar, estimated to be $30 million for the 25 facilities. However, the total annualized costs (including capital recovery) for the thermal oxidizer system are about 3 times that of the carbon adsorption system ($17 million versus $5.8 million) due to higher variable operating and maintenance costs. Specifically, the low organic concentrations in the exhaust stream to be controlled require high consumption rates of auxiliary fuel to maintain appropriate combustion temperatures for the recuperative thermal oxidizer system. In contrast, a regenerative thermal oxidizer system has better thermal efficiencies and can reduce the total annualized costs to $12 million, but requires a total capital investment of $70 million. Consequently, since emissions reductions were assumed to be similar for any of these control systems, the average cost effectiveness of carbon adsorption control systems ($12,700 per ton of organic HAP removed) was estimated to be significantly lower than for either recuperative or regenerative thermal oxidizer control systems ($26,000 to $37,000 per ton). For more detail regarding the cost estimates, see Control Cost Estimates for Organic HAP Emissions from Iron and Steel Foundries (Docket ID No. EPA–HQ– OAR–2019–0373). With regard to risk reductions, we estimate that application of carbon adsorption requirements to the source category would reduce the MIR from 50in-1 million to 30-in-1 million, the number of people with risks ≥ 10-in-1 million would be reduced from 6,900 to 25 The other 20 major source facilities in our dataset did not report any emissions of organic HAP from these processes. Therefore, we assumed those 20 facilities could comply with this control option without additional costs. PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 54413 400, and the number of people with risks ≥ 1-in-1 million would be reduced from 144,000 to 42,000. Under this control scenario the primary remaining risk drivers would be HAP metals since the organic HAP would be reduced significantly by the carbon adsorption systems. Based on our analysis, we propose to conclude that these control systems are not cost effective for this source category for the following reasons. First, our estimated control costs, which represent a best-case (i.e., most cost effective) scenario, are relatively high while the reductions in risks that would be achieved by those controls are moderate. In addition, a number of facilities are small businesses, and we estimate that at least one small business would likely incur costs exceeding 2 percent of their annual revenue, which would likely result in negative impacts for this business. Nevertheless, we solicit comments and data regarding our analyses described above and we solicit comments regarding our proposed determination that these controls are not cost effective. c. Capture and Particulate Control Devices for Metal HAP Emissions Reduction While the highest cancer risk was due to organic HAP, our risk analysis also indicated that metal HAP emissions sources at four facilities result in cancer risk to the individual most exposed greater than 10-in-1 million and that 42,000 (of the 144,000 people for the entire source category) may have cancer risks exceeding 1-in-1 million due to metal HAP emissions. Therefore, we also evaluated these metal HAP emission sources and assessed control options that would result in reducing these cancer risks. The foundry emission sources that contributed to these elevated cancer risks from metal HAP include scrap charging, alloy addition, and molten metal transfers. The emissions from these sources that are driving most of the estimated risks for HAP metals are ‘‘fugitive’’ emissions which are typically emitted through open roof vents and are currently subject to the building opacity limit in the NESHAP. Reducing these emissions for these metal HAP sources would require installing and operating capture systems (e.g., hooding, duct work, fans, etc.) that direct the emissions to a particulate control device (e.g., scrubber or baghouse). In some applications, an existing particulate control device may have adequate capacity for handling the additional gas stream load, but in general, we expect that a new particulate control device would be E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 54414 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules required due to the relatively large volumes of air that may need to be collected. As most iron and steel foundries use baghouse control systems for their PM control, we estimated the costs based on installing new hooding, duct work, fans, and a relatively small baghouse. Initially, we evaluated a requirement for all facilities to capture and control these fugitive metal HAP emission sources. The average metal HAP emissions for foundries from these fugitive emission sources are estimated to be 0.18 tpy based on the NEI data. We estimated the capital investment and total annualized costs for two differently sized baghouse capture and control systems using the methods provided in the 6th Edition of the EPA Air Pollution Control Cost Manual 26 and we assumed approximately half of the foundries could control their sources using the smaller baghouse capture and control system and the other half of the foundries would need the larger capture and control system. The nationwide total capital investment for all major source foundries to install metal HAP capture and control systems was estimated to be $23 million; the total annualized costs (including capital recovery) for the metal HAP control systems were estimated to be $6 million.27 The nationwide metal HAP emissions reduction, assuming an aggregate capture and control efficiency of 90 percent, was estimated to be 4.64 tpy for an average cost effectiveness of $1.3 million per ton of metal HAP removed. Based on our review of the NEI data, we observed that many foundries had very limited estimated metal HAP emissions from these fugitive sources. The EPA has concluded this is mainly because some foundries, particularly grey iron, do not use metal alloying. Many of these foundries may also use cupola furnaces, which are continuous melting furnaces. It is easier to control emissions during scrap charging for these furnaces compared to other types of furnaces used at foundries. Therefore, we also considered a regulatory option that would require only foundries that perform alloying with metal HAP or that otherwise produce casting with high metal HAP content to control the metal HAP emission sources. Under this scenario, we estimated that the average metal HAP emissions from these fugitive emission sources are 0.29 tpy. 26 Baghouses and Filters. Section 6, Chapter 1 (chapter dated December 1998). EPA Air Pollution Control Cost Manual. 6th Edition. EPA/452/B–02– 001. Available at: https://www3.epa.gov/ttncatc1/ dir1/c_allchs.pdf. 27 Costs are reported in 2017 dollars. VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 The nationwide total capital investment for a targeted rule requiring metal HAP capture and control systems for foundries with higher metal HAP alloys was estimated to be $13 million; the total annualized costs for (including capital recovery) the metal HAP control systems were estimated to be $3.3 million. The nationwide metal HAP emissions reduction, assuming an aggregate capture and control efficiency of 90 percent, was estimated to be 4.16 tpy for an average cost effectiveness of $790,000 per ton of metal HAP removed. For more detail regarding these cost estimates for the metal HAP control systems, see Control Cost Estimates for Metal HAP Emissions from Iron and Steel Foundries, which is available in the docket for this action (Docket ID No. EPA–HQ–OAR–2019– 0373). With regard to risk reductions, we estimate that application of either of these two improved capture and control of HAP metals described above would reduce the MIR due to HAP metals from 30-in-1 million to about 3-in-1 million. However, the overall MIR for the source category would still be 50-in-1 million due to organic HAP, as described above. With regard to population exposures, we estimate that the number of people with risks greater than or equal to 10in-1 million would only be reduced slightly (e.g., 6,900 to 6,500), and number of people with risks greater than or equal to 1-in-1 million would be reduced from 144,000 to about 100,000 if we were to require metal HAP emissions reductions. Based on consideration of the costs and cost effectiveness of both the organic HAP and metal HAP emission control systems, consideration of potential impacts to small businesses, the moderate risk reductions that would be achieved, and the uncertainties in the emissions estimates (as described in sections III.C.1 and 2 of this preamble), we propose that the Iron and Steel Foundries major source NESHAP provides an ample margin of safety to protect health and we are not proposing any changes to the NESHAP based on the risk review. Nevertheless, we solicit comments and data regarding our analyses described above. Additionally, we solicit comments regarding whether it would be appropriate to require the controls for organic HAP and/or metal HAP described above, and, if so, why, and we also solicit comments regarding our proposed determination that the current NESHAP provides an ample margin of safety to protect public health. PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 3. Adverse Environmental Effect As described in sections III.A and IV.A.4 of this preamble, we conducted an environmental risk screening assessment for the Iron and Steel Foundries major source category for the following pollutants: Arsenic, cadmium, dioxins/furans, HCl, HF, lead, mercury (methyl mercury and mercuric chloride), and POM. As explained in section IV.A of this preamble, based on our analyses, we do not expect an adverse environmental effect as a result of HAP emissions from this source category and we are proposing that it is not necessary to set a more stringent standard to prevent, taking into consideration costs, energy, safety, and other relevant factors, an adverse environmental effect. C. What are the results and proposed decisions based on our technology review? As described in section III.B of this preamble, our technology review focused on the identification and evaluation of potential developments in practices, processes, and control technologies that have occurred since the major source and area source NESHAP were promulgated in 2004 and 2008, respectively. In conducting the technology review, we reviewed various informational sources regarding the emissions from iron and steel foundries. We conducted separate but similar reviews for the Iron and Steel Foundries major source category and the two area source categories. The reviews included a search of the RBLC database, reviews of air permits for iron and steel foundries, and a review of relevant literature, including international best practices. We reviewed these data sources for information on practices, processes, and control technologies that were not considered during the development of the Iron and Steel Foundries NESHAP. We also looked for information on improvements in practices, processes, and control technologies that have occurred since development of the Iron and Steel Foundries NESHAP. After reviewing information from the aforementioned sources, we did not identify any developments in practices, processes or control technologies to further reduce emissions from major source iron and steel foundries under 40 CFR part 63, subpart EEEEE. Furthermore, as part of our technology review for major sources, we considered the same controls and measures described above in section IV.B.2 of this preamble (i.e., in the ample margin of safety analysis), including low-emitting E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules binder formulations, carbon adsorption, and thermal oxidizers for control of organic HAP and improved capture systems with new baghouses for the metal HAP emissions. The costs, cost effectiveness, and other considerations for these four control scenarios for major sources are described in detail in section IV.B.2 of this preamble. As discussed in section IV.B.2 of this preamble, we also considered revisions in the cost algorithms for carbon adsorption systems and thermal oxidizers in our assessment of control options to reduce organic HAP emissions. We did not identify any improvements in performance of these control systems for major sources, and our updated cost analysis continues to demonstrate that these control systems are not cost effective for existing sources in this major source category, largely due to the dilute nature of the organic HAP emission streams. Further details regarding our technology review for major source iron and steel foundries are available in the memorandum titled: Major Source Technology Review for the Iron and Steel Foundries NESHAP, which is available in the docket for this proposed action. With regard to area sources, we did not identify any developments in practices, processes or control technologies to those evaluated during the development of 40 CFR part 63, subpart ZZZZZ. Specifically, we did not identify any improvements in performance of metal HAP control systems used for area source iron and steel foundries or any significant change in the control costs for these systems. Consequently, we concluded that the analyses of control options conducted in 2008 to support the development of metal HAP emission limits in 40 CFR part 63, subpart ZZZZZ, are still comprehensive and valid today, and that the rationale and conclusions supporting the final area source metal HAP emission limits are still appropriate. We did not specifically evaluate or calculate the costs, cost effectiveness, feasibility, or economic impacts of the four control scenarios detailed in section IV.B.2 of this preamble for area sources. However, since we conclude these controls and measures are either not feasible and/or not cost effective for major sources, we conclude they would also not be feasible and/or not cost effective for area sources since area sources typically have lower emissions than the major sources and a larger percent of area sources are likely to be small businesses. Further details regarding our technology review for area source iron VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 and steel foundries are available in the memorandum titled: Area Source Technology Review for the Iron and Steel Foundries NESHAP, which is available in the docket for this proposed action. Based on the technology review described above, we determined that there are no developments in practices, processes, or control technologies that necessitate revisions to the NESHAP for major source Iron and Steel Foundries (40 CFR part 63, subpart EEEEE) or the NESHAP for area source Iron and Steel Foundries (40 CFR part 63, subpart ZZZZZ). Therefore, we are not proposing any changes to these NESHAP based our technology review. We solicit comments and data regarding our technology review analyses described above and our proposed determination that no revisions to the NESHAP are warranted based on our technology review. D. What other actions are we proposing? In addition to the proposed determinations described above, we are proposing revisions to the SSM provisions of the NESHAP in order to ensure that they are consistent with the Court decision in Sierra Club v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008), which vacated two provisions that exempted sources from the requirement to comply with otherwise applicable CAA section 112(d) emission standards during periods of SSM. We also are proposing various other changes to the recordkeeping and reporting requirements of the NESHAP to require the use of electronic reporting of performance test reports and semiannual reports. We also are proposing to correct section reference errors and make other minor editorial revisions. Our analyses and proposed changes related to these issues are discussed below. 1. SSM In its 2008 decision in Sierra Club v. EPA, 551 F.3d 1019 (D.C. Cir. 2008), the Court vacated portions of two provisions in the EPA’s CAA section 112 regulations governing the emissions of HAP during periods of SSM. Specifically, the Court vacated the SSM exemption contained in 40 CFR 63.6(f)(1) and 40 CFR 63.6(h)(1), holding that under section 302(k) of the CAA, section 112 emissions standards or limitations must be continuous in nature and that the SSM exemption violates the CAA’s requirement that some section 112 standards apply continuously. We are proposing the elimination of the SSM exemption in both Iron and PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 54415 Steel Foundries NESHAP which appears at 40 CFR 63.7746 and Table 1 to Subpart EEEEE of Part 63 (Applicability of General Provisions to Subpart EEEEE) and in Table 3 to Subpart ZZZZZ of Part 63 (Applicability of General Provisions to New and Existing Affected Sources Classified as Large Foundries). Consistent with Sierra Club v. EPA, we are proposing standards in this rule that apply at all times. We are also proposing several revisions to Table 1 to Subpart EEEEE as is explained in more detail below. For example, we are proposing to eliminate the incorporation of the General Provisions’ requirement that the source develop an SSM plan. We also are proposing to eliminate and revise certain recordkeeping and reporting requirements related to the SSM exemption as further described below. The EPA has attempted to ensure that the provisions we are proposing to eliminate are inappropriate, unnecessary, or redundant in the absence of the SSM exemption. We are specifically seeking comment on whether we have successfully done so. In proposing the standards in this rule, the EPA has taken into account startup and shutdown periods and, for the reasons explained below, has not proposed alternate emission standards for those periods. During periods where the process is in startup or shutdown, the emission controls used should still provide HAP emissions control. For example, emissions from a melting furnace can be directed to a baghouse while the melting furnace is undergoing startup or shutdown. Similarly, a triethylamine scrubber or carbon adsorption system can be operational while the emission source being controlled is undergoing startup or shutdown. The one potential exception to this is the afterburner used to control organic HAP emissions from a cupola. The cupola afterburner control system is primarily designed to burn the carbon monoxide emitted as a result of the combustion of coke under oxygen limited conditions during normal process operations. Most cupola afterburner systems rely on the heat input from carbon monoxide in the cupola’s off-gas to maintain incineration temperatures. During startup of the cupola, complete combustion of natural gas or other fuels are used to preheat the cupola furnace. While the combustion of the startup fuels do not generate adequate carbon monoxide to maintain incineration temperatures in the afterburner section of the cupola, the complete combustion of the startup fuels will not generate organic HAP emissions. Therefore, we are proposing that foundry owners or operators can E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 54416 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules comply with the complete combustion limits (20-ppmv organic HAP limit) during cupola startup even though the cupola afterburner is not operating at the same temperature as it does during normal operations. We understand that there will be a transition period when the cupola startup operation shifts from a complete (oxygen rich) combustion mode to a partial (oxygen limited) combustion mode when the cupola afterburner temperature may not be sufficient to ensure full combustion of the organic HAP that may be produced during this transition. However, this transition period is expected to be short relative to the 3-hour averaging period of the organic HAP emissions limit. Therefore, we are proposing that it is not necessary to provide alternative standards for periods of startup or shutdown. We request comment on the need for alternative standards during startup and shutdown. Commenters should provide data demonstrating that an alternative standard is necessary and provide suggestions regarding recommended alternative emission limitations and monitoring parameters that ensure compliance with the alternative emission limitations. Periods of startup, normal operations, and shutdown are all predictable and routine aspects of a source’s operations. Malfunctions, in contrast, are neither predictable nor routine. Instead they are, by definition, sudden, infrequent, and not reasonably preventable failures of emissions control, process, or monitoring equipment. (40 CFR 63.2) (definition of malfunction). The EPA interprets CAA section 112 as not requiring emissions that occur during periods of malfunction to be factored into development of CAA section 112 standards and this reading has been upheld as reasonable by the Court in U.S. Sugar Corp. v. EPA, 830 F.3d 579, 606–610 (D.C. Cir. 2016). Under CAA section 112, emissions standards for new sources must be no less stringent than the level ‘‘achieved’’ by the best controlled similar source and for existing sources generally must be no less stringent than the average emission limitation ‘‘achieved’’ by the best performing 12 percent of sources in the category. There is nothing in CAA section 112 that directs the Agency to consider malfunctions in determining the level ‘‘achieved’’ by the best performing sources when setting emission standards. As the Court has recognized, the phrase ‘‘average emissions limitation achieved by the best performing 12 percent of’’ sources ‘‘says nothing about how the performance of the best units is to be VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 calculated.’’ Nat’l Ass’n of Clean Water Agencies v. EPA, 734 F.3d 1115, 1141 (D.C. Cir. 2013). While the EPA accounts for variability in setting emissions standards, nothing in CAA section 112 requires the Agency to consider malfunctions as part of that analysis. The EPA is not required to treat a malfunction in the same manner as the type of variation in performance that occurs during routine operations of a source. A malfunction is a failure of the source to perform in a ‘‘normal or usual manner’’ and no statutory language compels the EPA to consider such events in setting CAA section 112 standards. Similarly, although standards for area sources are not required to be set based on ‘‘best performers,’’ the EPA is not required to consider malfunctions in determining what is ‘‘generally available.’’ As the Court recognized in U.S. Sugar Corp., accounting for malfunctions in setting standards would be difficult, if not impossible, given the myriad different types of malfunctions that can occur across all sources in the category and given the difficulties associated with predicting or accounting for the frequency, degree, and duration of various malfunctions that might occur. Id. at 608 (‘‘the EPA would have to conceive of a standard that could apply equally to the wide range of possible boiler malfunctions, ranging from an explosion to minor mechanical defects. Any possible standard is likely to be hopelessly generic to govern such a wide array of circumstances.’’). As such, the performance of units that are malfunctioning is not ‘‘reasonably’’ foreseeable. See, e.g., Sierra Club v. EPA, 167 F.3d 658, 662 (D.C. Cir. 1999) (‘‘The EPA typically has wide latitude in determining the extent of datagathering necessary to solve a problem. We generally defer to an agency’s decision to proceed on the basis of imperfect scientific information, rather than to ’invest the resources to conduct the perfect study.’ ’’). See also, Weyerhaeuser v. Costle, 590 F.2d 1011, 1058 (D.C. Cir. 1978) (‘‘In the nature of things, no general limit, individual permit, or even any upset provision can anticipate all upset situations. After a certain point, the transgression of regulatory limits caused by ‘uncontrollable acts of third parties,’ such as strikes, sabotage, operator intoxication or insanity, and a variety of other eventualities, must be a matter for the administrative exercise of case-bycase enforcement discretion, not for specification in advance by regulation.’’). In addition, emissions during a malfunction event can be PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 significantly higher than emissions at any other time of source operation. For example, if an air pollution control device with 99-percent removal goes offline as a result of a malfunction (as might happen if, for example, the bags in a baghouse catch fire) and the emission unit is a steady state type unit that would take days to shut down, the source would go from 99-percent control to zero control until the control device was repaired. The source’s emissions during the malfunction would be 100 times higher than during normal operations. As such, the emissions over a 4-day malfunction period would exceed the annual emissions of the source during normal operations. As this example illustrates, accounting for malfunctions could lead to standards that are not reflective of (and significantly less stringent than) levels that are achieved by a wellperforming non-malfunctioning source. It is reasonable to interpret CAA section 112 to avoid such a result. The EPA’s approach to malfunctions is consistent with CAA section 112 and is a reasonable interpretation of the statute. Although no statutory language compels the EPA to set standards for malfunctions, the EPA has the discretion to do so where feasible. For example, in the Petroleum Refinery Sector RTR, the EPA established a work practice standard for unique types of malfunction that result in releases from pressure relief devices or emergency flaring events because the EPA had information to determine that such work practices reflected the level of control that applies to the best performers. 80 FR 75178, 75211–14 (December 1, 2015). The EPA considers whether circumstances warrant setting standards for a particular type of malfunction and, if so, whether sufficient information is available to identify the relevant best performing sources and establish a standard for such malfunctions. We also encourage commenters to provide any such information. The EPA anticipates that it is unlikely that a malfunction in the foundry operations will result in a violation of the standard because the air pollution control equipment used to control the emissions from the process would still be operating. If the malfunction occurs in the pollution control equipment, the iron and steel foundry operator should discontinue process operations until such time that the air pollution control systems are operable in order to comply with the requirements to minimize emissions and operate according to good air pollution practices. In general, process operations should be able to be shutdown quickly enough to avoid a E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules violation of an emissions limitation. However, a malfunction in the control equipment could result in a violation of the standard depending on how quickly emissions decline upon process shut down. For example, once molten metal is poured into molds, the molds can emit organic HAP for several hours while they are cooling. Thus, even though process operations may be shut down immediately (e.g., no more molten metal is poured into molds once the organic HAP control system malfunctions), the emissions may continue and a deviation may occur as a result. In this case, foundry owners or operators must report the deviation, the quantity of HAP emitted over the emissions limit, the cause of the deviation, and the corrective action taken to limit the emissions during the event. In the event that a source fails to comply with the applicable CAA section 112(d) standards as a result of a malfunction event, the EPA would determine an appropriate response based on, among other things, the good faith efforts of the source to minimize emissions during malfunction periods, including preventative and corrective actions, as well as root cause analyses to ascertain and rectify excess emissions. The EPA would also consider whether the source’s failure to comply with the CAA section 112(d) standard was, in fact, sudden, infrequent, not reasonably preventable and was not instead caused in part by poor maintenance or careless operation. 40 CFR 63.2 (definition of malfunction). If the EPA determines in a particular case that an enforcement action against a source for violation of an emission standard is warranted, the source can raise any and all defenses in that enforcement action and the federal district court will determine what, if any, relief is appropriate. The same is true for citizen enforcement actions. Similarly, the presiding officer in an administrative proceeding can consider any defense raised and determine whether administrative penalties are appropriate. In summary, the EPA interpretation of the CAA and, in particular, section 112, is reasonable and encourages practices that will avoid malfunctions. Administrative and judicial procedures for addressing exceedances of the standards fully recognize that violations may occur despite good faith efforts to comply and can accommodate those situations. U.S. Sugar Corp. v. EPA, 830 F.3d 579, 606–610 (2016). VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 a. General Duty We are proposing to revise the General Provisions tables (Table 1 to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) of 40 CFR part 63 to provide a separate entry for 40 CFR 63.6(e) and changing the ‘‘yes’’ in column 3 to a ‘‘no.’’ Additionally, we are proposing to revise the current 40 CFR 63.10890(i) by re-designating it to 40 CFR 63.10890(j) and removing the reference to 40 CFR 63.6(e). Section 63.10890(i) currently contains a summary of the General Provision sections that apply to affected sources classified as small foundries (similar to the Table 3 to Subpart ZZZZZ of Part 63 for affected sources classified as large foundries). Section 63.6(e) describes the general duty to minimize emissions and requirements for an SSM plan. Some of the language in that section is no longer necessary or appropriate in light of the elimination of the SSM exemption. For 40 CFR part 63, subpart EEEEE, we are proposing to revise general duty regulatory text at 40 CFR 63.7710(a) to eliminate the reference to 40 CFR 63.6(e)(1)(i) but maintain the general duty to ‘‘. . . operate the foundry in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels required by this subpart.’’ We are also proposing to delete the phrase ‘‘. . ., except during periods of startup, shutdown, or malfunction’’ from 40 CFR 63.7720(a) and to delete and reserve 40 CFR 63.7746(b), which states that deviations during periods of SSM are not violations if the source was operating in accordance to 40 CFR 63.6(e)(1). For 40 CFR part 63, subpart ZZZZZ, we are proposing to add general duty regulatory text at 40 CFR 63.10890(i) for affected sources classified as small foundries and at 40 CFR 63.10896(c) for affected sources classified as large foundries that reflects the general duty to minimize emissions while eliminating the reference to periods covered by an SSM exemption. The current language in 40 CFR 63.6(e)(1)(i) characterizes what the general duty entails during periods of SSM. With the elimination of the SSM exemption, there is no need to differentiate between normal operations, startup and shutdown, and malfunction events in describing the general duty. Therefore, the language the EPA is proposing in 40 CFR part 63, subparts EEEEE and ZZZZZ, does not include that language from 40 CFR 63.6(e)(1). Similarly, 40 CFR 63.6(e)(1)(ii) imposes requirements that are not necessary with the elimination of the SSM exemption or are redundant with PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 54417 the general duty requirement being revised or added in 40 CFR part 63, subparts EEEEE and ZZZZZ. b. SSM Plan In our proposed revisions of Table 1 to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63 to provide a separate entry for 40 CFR 63.6(e) and changing the ‘‘yes’’ in column 3 to a ‘‘no,’’ we are also proposing that 40 CFR 63.6(e)(3) does not apply. Generally, the paragraphs under 40 CFR 63.6(e)(3) require development of an SSM plan and specify SSM recordkeeping and reporting requirements related to the SSM plan. As noted, the EPA is proposing to remove the SSM exemptions. Therefore, affected units will be subject to an emission standard during such events. The applicability of a standard during such events will ensure that sources have ample incentive to plan for and achieve compliance and, thus, the SSM plan requirements are no longer necessary. We are also proposing to delete and reserve 40 CFR 63.7720(c) that details the requirement to prepare the SSM plan and to revise the definition of ‘‘off blast’’ to remove reference to the SSM plan. c. Compliance With Standards We are proposing to revise the General Provisions tables (Table 1 to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) to provide a separate entry for 40 CFR 63.6(f)(1) and changing the ‘‘yes’’ in column 3 to a ‘‘no.’’ The current language of 40 CFR 63.6(f)(1) exempts sources from nonopacity standards during periods of SSM. As discussed above, the Court in Sierra Club vacated the exemptions contained in this provision and held that the CAA requires that some CAA section 112 standards apply continuously. Consistent with Sierra Club, the EPA is proposing to revise standards in this rule to apply at all times. We are proposing to revise the General Provisions tables (Table 1 to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) entry for 40 CFR 63.6(h) to provide separate entries for 40 CFR 63.6(h)(1) and 40 CFR 63.6(h)(2)–(9). We are proposing to change the entry for 40 CFR 63.6(h)(1) to include a ‘‘no’’ in column 3. The current language of 40 CFR 63.6(h)(1) exempts sources from opacity standards during periods of SSM. As discussed above, the Court in Sierra Club vacated the exemptions contained in this provision and held that the CAA requires that some CAA section 112 E:\FR\FM\09OCP4.SGM 09OCP4 54418 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS4 standards apply continuously. Consistent with Sierra Club, the EPA is proposing to revise standards in this rule to apply at all times. In a related amendment, the EPA is proposing to revise the definition of ‘‘deviation’’ in both 40 CFR part 63, subparts EEEEE and ZZZZZ, to remove subsection (3) that describes deviations during periods of SSM. Since the EPA is proposing to revise standards in this rule to apply at all times, the distinction described in subsection (3) is no longer relevant. d. Performance Testing We are proposing to revise the General Provisions tables (Table 1 to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) to add a separate entry for 40 CFR 63.7(e)(1) and change the ‘‘yes’’ in column 3 to a ‘‘no.’’ Section 63.7(e)(1) describes performance testing requirements. The EPA is instead proposing to revise 40 CFR 63.7732(a) and 40 CFR 63.10898(c) to add a performance testing requirement to test under representative conditions. We are also proposing to revise 40 CFR 63.7732(a) and 40 CFR 63.10898(c) to remove the reference to 40 CFR 63.7(e)(1). The performance testing requirements we are proposing to add differ from the General Provisions performance testing provisions in several respects. The regulatory text does not include the language in 40 CFR 63.7(e)(1) that restated the SSM exemption and language that precluded startup and shutdown periods from being considered ‘‘representative’’ for purposes of performance testing. The proposed performance testing provisions do not allow performance testing during startup or shutdown. As in 40 CFR 63.7(e)(1), performance tests conducted under this subpart should not be conducted during malfunctions because conditions during malfunctions are often not representative of normal operating conditions. The EPA is proposing to add language that requires the owner or operator to record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Section 63.7(e) requires that the owner or operator make available to the Administrator such records ‘‘as may be necessary to determine the condition of the performance test’’ available to the Administrator upon request but does not specifically require the information to be recorded. The regulatory text the EPA is proposing to add to this provision builds on that requirement and makes explicit the requirement to record the information. VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 e. Monitoring We are proposing to revise the General Provisions tables (Table 1 to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) by adding a separate entry for 40 CFR 63.8(c)(1)(i) and (iii) and including a ‘‘no’’ in column 3. The cross-references to the general duty and SSM plan requirements in those subparagraphs are not necessary in light of other requirements of 40 CFR 63.8 that require good air pollution control practices (40 CFR 63.8(c)(1)) and that set out the requirements of a quality control program for monitoring equipment (40 CFR 63.8(d)). We are proposing to revise the General Provisions tables (Table 1 to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) by adding a separate entry for 40 CFR 63.8(d)(3) and including a ‘‘no’’ in column 3. The final sentence in 40 CFR 63.8(d)(3) refers to the General Provisions’ SSM plan requirement which is no longer applicable. The EPA is proposing to add provisions to subpart EEEEE at 40 CFR 63.7752(b)(2) and to subpart ZZZZZ at 40 CFR 63.10899(b)(14) that is identical to 40 CFR 63.8(d)(3) except that the final sentence is replaced with the following sentence: ‘‘The program of corrective action should be included in the plan as required under § 63.8(d)(2)(vi).’’ The monitoring requirements at 40 CFR 63.10897(g) require owners or operators to restore normal operations as quickly as possible when monitoring demonstrates a deviation of an emission limit (including an operating limit). The EPA is also proposing to revise 40 CFR 63.10897(g) to remove reference to minimizing periods of SSM. We consider this to be redundant to the requirement to take ‘‘any necessary corrective action to restore normal operations and prevent the likely recurrence of the exceedance’’ and is irrelevant since the EPA is proposing to revise standards in this rule to apply at all times, including periods of SSM. f. Recordkeeping We are proposing to revise the General Provisions tables (Table 1 to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) by adding a separate entry for 40 CFR 63.10(b)(2)(i), (ii), (iv) and (v) and including a ‘‘no’’ in column 3. Section 63.10(b)(2)(i) describes the recordkeeping requirements during startup and shutdown. These recording provisions are no longer necessary because the EPA is proposing that recordkeeping and reporting applicable to normal operations will apply to PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 startup and shutdown. In the absence of special provisions applicable to startup and shutdown, such as a startup and shutdown plan, there is no reason to retain additional recordkeeping for startup and shutdown periods. Consequently, we are also proposing additional revisions to 40 CFR part 63, subparts EEEEE and ZZZZZ, to remove SSM-related records. First, we are proposing to replace the SSM recordkeeping requirement at 40 CFR 63.7752(a)(2), which refers to records specified in 40 CFR 63.6(e)(3), with requirements to keep records of maintenance performed on air pollution control and monitoring equipment as required by 40 CFR 63.10(b)(2)(iii). Second, we are proposing to revise the recordkeeping requirement at 40 CFR 63.7752(b)(4) to remove the records needed to indicate whether deviation of a continuous emission monitoring system occurred during periods of SSM. Third, we are proposing to revise the recordkeeping requirement at 40 CFR 63.10899(b) to revise the general reference to records required by 40 CFR 63.10 to specify that only records required by 40 CFR 63.10(b)(2)(iii), (vi) through (xiv), and (b)(3) are necessary. Section 63.10(b)(2)(ii) describes the recordkeeping requirements during a malfunction. The EPA is proposing to add such requirements to 40 CFR 63.7752(d) and to 40 CFR 63.10899(b)(15). The regulatory text we are proposing to add differs from the General Provisions it is replacing in that the General Provisions requires the creation and retention of a record of the occurrence and duration of each malfunction of process, air pollution control, and monitoring equipment. The EPA is proposing that this requirement apply to any failure to meet an applicable standard and is requiring that the source record the date, time, and duration of the failure rather than the ‘‘occurrence.’’ The EPA is also proposing to add requirements to 40 CFR 63.7752(d) and to 40 CFR 63.10899(b)(15) that sources keep records that include a list of the affected source or equipment and actions taken to minimize emissions, an estimate of the quantity of each regulated pollutant emitted over the standard for which the source failed to meet the standard, and a description of the method used to estimate the emissions. Examples of such methods would include productloss calculations, mass balance calculations, measurements when available, or engineering judgment based on known process parameters. The EPA is proposing to require that sources keep records of this information E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules to ensure that there is adequate information to allow the EPA to determine the severity of any failure to meet a standard, and to provide data that may document how the source met the general duty to minimize emissions when the source has failed to meet an applicable standard. Section 63.10(b)(2)(iv), when applicable, requires sources to record actions taken during SSM events when actions were inconsistent with their SSM plan. The requirement is no longer appropriate because SSM plans will no longer be required. The requirement previously applicable under 40 CFR 63.10(b)(2)(iv)(B) to record actions to minimize emissions and record corrective actions is now applicable by the proposed requirements in 40 CFR 63.7752(d) and in 40 CFR 63.10899(b)(15). Section 63.10(b)(2)(v), when applicable, requires sources to record actions taken during SSM events to show that actions taken were consistent with their SSM plan. The requirement is no longer appropriate because SSM plans will no longer be required. We are proposing to revise the General Provisions table for major source foundries (Table 1 to Subpart EEEEE of Part 63) by moving the reference to 40 CFR 63.10(c)(15) to include it with an entry for 40 CFR 63.10(c)(7) and (8) that includes a ‘‘no’’ in column 3. The EPA is proposing that 40 CFR 63.10(c)(15) no longer apply. When applicable, the provision allows an owner or operator to use the affected source’s SSM plan or records kept to satisfy the recordkeeping requirements of the SSM plan, specified in 40 CFR 63.6(e), to also satisfy the requirements of 40 CFR 63.10(c)(10) through (12). The EPA is proposing to eliminate this requirement because SSM plans would no longer be required, and, therefore, 40 CFR 63.10(c)(15) no longer serves any useful purpose for affected units. The General Provisions table for area source foundries (Table 3 to Subpart ZZZZZ of Part 63) already indicates that 40 CFR 63.10(c)(15) does not apply, so the EPA is not proposing to revise the designation in column 3 for this entry. However, based on the additional records specified in 40 CFR 63.10899(b)(15), the recordkeeping requirements in 40 CFR 63.10(c)(7) and (8) are redundant and no longer necessary. Therefore, we are proposing to include a single entry for 40 CFR 63.10(c) in Table 3 to Subpart ZZZZZ that includes a ‘‘no’’ in column 3. g. Reporting We are proposing to revise the General Provisions tables (Table 1 to VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) entry for 40 CFR 63.10(d)(5) by changing the ‘‘yes’’ in column 3 to a ‘‘no’’ and to delete and reserve 40 CFR 63.7751(b)(4) and (c), which cross-references the 40 CFR 63.10(d)(5) reporting requirements. Section 63.10(d)(5) describes the reporting requirements for startups, shutdowns, and malfunctions. To replace the General Provisions reporting requirement, the EPA is proposing to add reporting requirements to 40 CFR 63.7751(b)(7) and (8) and 40 CFR 63.10899(c). The replacement language differs from the General Provisions requirement in that it eliminates periodic SSM reports as a stand-alone report. We are proposing language that requires sources that fail to meet an applicable standard at any time to report the information concerning such events in the semiannual report already required under this rule. We are proposing that the report must contain the date, time, duration, and the cause of such events (including unknown cause, if applicable), a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. Examples of such methods would include product-loss calculations, mass balance calculations, measurements when available, or engineering judgment based on known process parameters. The EPA is proposing this requirement to ensure that there is adequate information to determine compliance, to allow the EPA to determine the severity of the failure to meet an applicable standard, and to provide data that may document how the source met the general duty to minimize emissions during a failure to meet an applicable standard. We will no longer require owners or operators to determine whether actions taken to correct a malfunction are consistent with an SSM plan, because plans would no longer be required. The proposed amendments, therefore, eliminate the cross-reference to 40 CFR 63.10(d)(5)(i) that contains the description of the previously required SSM report format and submittal schedule from this section. These specifications are no longer necessary because the events will be reported in otherwise required reports with similar format and submittal requirements. For example, both 40 CFR part 63, subparts EEEEE and ZZZZZ require foundry owners or operators to prepare and operate according to a site-specific operating and maintenance plan for each control device and continuous PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 54419 monitoring system associated with that control device and to maintain records documenting conformance with these requirements and the added reporting requirements to 40 CFR 63.7751(b)(7) and (8), as well as 40 CFR 63.10899(c) to include reporting of specific deviations. The proposed amendments also eliminate the cross-reference to 40 CFR 63.10(d)(5)(ii), which describes an immediate report for startups, shutdown, and malfunctions when a source failed to meet an applicable standard but did not follow the SSM plan. We will no longer require owners and operators to report when actions taken during a startup, shutdown, or malfunction were not consistent with an SSM plan, because plans would no longer be required. We are also proposing to revise the entry for 40 CFR 63.10(e)(3) in Table 3 to Subpart ZZZZZ of Part 63 by changing the ‘‘yes’’ in column 3 to ‘‘no.’’ Given the additions to the reporting requirements as described above, we are also proposing to include all relevant deviation reporting requirements directly in 40 CFR 63.10899(c), rather than relying on cross-reference to 40 CFR 63.10(e)(3). These edits are not expected to alter the reporting burden; however, the direct inclusion of the 40 CFR 63.10(e)(3) reporting requirements into 40 CFR 63.10899(c) will provide clarity of the reporting requirements to area source foundry owners and operators. We note that 40 CFR part 63, subpart EEEEE, directly includes these reporting elements and indicates that 40 CFR 63.10(e)(3) does not apply, so no revision to this entry is required for the major source foundry NESHAP. 2. Electronic Reporting Through this proposal, the EPA is proposing that owners and operators of iron and steel foundries submit electronic copies of required initial notifications, performance test reports, performance evaluation reports, and semiannual reports through the EPA’s Central Data Exchange (CDX) using the Compliance and Emissions Data Reporting Interface (CEDRI). A description of the electronic data submission process is provided in the memorandum, Electronic Reporting Requirements for New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) Rules, available in Docket ID Item No. EPA–HQ–OAR–2018–2019–0373. The proposed rule requires that performance test results collected using test methods that are supported by the EPA’s Electronic Reporting Tool (ERT) as E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 54420 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules listed on the ERT website 28 at the time of the test be submitted in the format generated through the use of the ERT and that other performance test results be submitted in portable document format (PDF) using the attachment module of the ERT. Similarly, performance evaluation results of continuous monitoring systems measuring relative accuracy test audit pollutants that are supported by the ERT at the time of the test must be submitted in the format generated through the use of the ERT and other performance evaluation results be submitted in PDF using the attachment module of the ERT. For semiannual reports, the proposed rule requires that owners and operators use the appropriate spreadsheet template to submit information to CEDRI. A draft version of the proposed templates for these reports is included in the docket for this rulemaking.29 As part of these revisions, we are also proposing that the semiannual mercury switch removal report, currently described in 40 CFR 63.10899(b)(2)(ii), must be included as part of the semiannual compliance report. Currently, the semiannual mercury switch removal report may be submitted as a standalone report or as part of the semiannual compliance report. Therefore, to aide in the electronic reporting of mercury switch removal when a site-specific plan for mercury is used, we are proposing to move the reporting in 40 CFR 63.10899(b)(2)(ii) to the semiannual compliance report requirements included under 40 CFR 63.10899(c). The EPA specifically requests comment on the content, layout, and overall design of the template. Additionally, the EPA has identified two broad circumstances in which electronic reporting extensions may be provided. In both circumstances, the decision to accept the claim of needing additional time to report is within the discretion of the Administrator, and reporting should occur as soon as possible. The EPA is providing these potential extensions to protect owners and operators from noncompliance in cases where they cannot successfully submit a report by the reporting deadline for reasons outside of their control. The situation where an extension may be warranted due to outages of the EPA’s CDX or CEDRI 28 https://www.epa.gov/electronic-reporting-airemissions/electronic-reporting-tool-ert. 29 See Iron_Steel_Foundry_Semiannual_ Template_EEEEE_Draft and Iron_Steel_Foundry_ Area_Sources_Semiannual_Template_ZZZZZ_Draft available at Docket ID No. EPA–HQ–OAR–2018– 0415. VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 which precludes an owner or operator from accessing the system and submitting required reports is addressed in 40 CFR 63.7751(h) and 40 CFR 63.10899(f). The situation where an extension may be warranted due to a force majeure event, which is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents an owner or operator from complying with the requirement to submit a report electronically as required by this rule is addressed in 40 CFR 63.7751(i) and 40 CFR 63.10899(g). Examples of such events are acts of nature, acts of war or terrorism, or equipment failure or safety hazards beyond the control of the facility. The electronic submittal of the reports addressed in this proposed rulemaking will increase the usefulness of the data contained in those reports, is in keeping with current trends in data availability and transparency, will further assist in the protection of public health and the environment, will improve compliance by facilitating the ability of regulated facilities to demonstrate compliance with requirements and by facilitating the ability of delegated state, local, tribal, and territorial air agencies and the EPA to assess and determine compliance, and will ultimately reduce burden on regulated facilities, delegated air agencies, and the EPA. Electronic reporting also eliminates paper-based, manual processes, thereby saving time and resources, simplifying data entry, eliminating redundancies, minimizing data reporting errors, and providing data quickly and accurately to the affected facilities, air agencies, the EPA, and the public. Moreover, electronic reporting is consistent with the EPA’s plan 30 to implement Executive Order 13563 and is in keeping with the EPA’s Agencywide policy 31 developed in response to the White House’s Digital Government Strategy.32 For more information on the benefits of electronic reporting, see the memorandum, Electronic Reporting Requirements for New Source 30 EPA’s Final Plan for Periodic Retrospective Reviews, August 2011. Available at: https:// www.regulations.gov/document?D=EPA-HQ-OA2011-0156-0154. 31 E-Reporting Policy Statement for EPA Regulations, September 2013. Available at: https:// www.epa.gov/sites/production/files/2016-03/ documents/epa-ereporting-policy-statement-201309-30.pdf. 32 Digital Government: Building a 21st Century Platform to Better Serve the American People, May 2012. Available at: https:// obamawhitehouse.archives.gov/sites/default/files/ omb/egov/digital-government/digitalgovernment.html. PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) Rules, available in Docket ID Item No. EPA–HQ–OAR–2018–2019–0373. The EPA is also proposing to amend the implementation and enforcement delegations addressed in 40 CFR 63.7761(c) and 40 CFR 63.10905(c) to stipulate that the authority to approve any alternative to any electronic reporting cannot be delegated. 3. Technical and Editorial Changes The EPA is proposing one additional editorial correction for 40 CFR part 63, subpart EEEEE, as follows. • Revise 40 CFR 63.7732(e)(1) to correct the reference to ‘‘paragraphs (b)(1)(i) through (v)’’ to be ‘‘paragraphs (e)(1)(i) through (v).’’ The EPA is also proposing additional changes that address technical and editorial corrections for 40 CFR part 63, subpart ZZZZZ as follows. • Revise 40 CFR 63.10885(a)(1) to add the sentence: ‘‘Any post-consumer engine blocks, post-consumer oil filters, or oily turnings that are processed and/ or cleaned to the extent practicable such that the materials do not include lead components, mercury switches, chlorinated plastics, or free organic liquids can be included in this certification.’’ This provision was added to the major source NESHAP at 40 CFR 63.7700(b) in the 2008 amendments (73 FR 7218) shortly after the area source NESHAP was promulgated. The requirements in 40 CFR 63.10885(a)(1) were developed based on the provisions in 40 CFR 63.7700(b) and this provision for major source iron and steel foundries should also apply to area source iron and steel foundries. • Revise 40 CFR 63.10890(c) to correct the reference to ‘‘§ 63.9(h)(1)(i)’’ to be ‘‘§ 63.9(h)(2)(i).’’ • Revise 40 CFR 63.10890(f) to correct the reference to ‘‘§ 63.10(e)’’ to be ‘‘§ 63.13.’’ • Revise 40 CFR 63.10897(d)(3) and (g) to replace all instances of ‘‘correction action’’ with ‘‘corrective action’’ to correct typographical errors. • Revise 40 CFR 63.10899(c) to correct the reference to ‘‘§ 63.10(e)’’ to be ‘‘§ 63.13.’’ • Revise the entry for 40 CFR 63.9 in Table 3 to Subpart ZZZZZ to add an explanation in column 4 to read ‘‘Except for opacity performance tests.’’ This explanation was included in the major source NESHAP in Table 1 to Subpart EEEEE but was inadvertently not included in the area source NESHAP. This proposed amendment relieves area source foundries of providing notifications of semiannual opacity E:\FR\FM\09OCP4.SGM 09OCP4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS4 observations of fugitive emissions from buildings or structures housing foundry operations. E. What compliance dates are we proposing? We are proposing two changes that would impact ongoing compliance requirements for 40 CFR part 63, subparts EEEEE and ZZZZZ. As discussed elsewhere in this preamble, we are proposing to add a requirement that initial notifications, performance test results, performance evaluation reports, and the semiannual reports using the new template be submitted electronically. We are also proposing to change the requirements for SSM by removing the exemption from the requirements to meet the standard during SSM periods and by removing the requirement to develop and implement an SSM plan. Our experience with similar industries that are required to convert reporting mechanisms, install necessary hardware, install necessary software, become familiar with the process of submitting performance test results electronically through the EPA’s CEDRI, test these new electronic submission capabilities, reliably employ electronic reporting, and convert logistics of reporting processes to different timereporting parameters, shows that a time period of a minimum of 90 days, and more typically, 180 days, is generally necessary to successfully complete these changes. Therefore, we are proposing 6 months to transition the periodic reports to electronic reporting through CEDRI. For performance tests, most stack testing contractors already have electronic reporting capabilities and have used EPA’s electronic reporting system. Therefore, we are proposing that performance test reports and performance evaluation reports be submitted electronically for tests conducted after the effective date of the final rule. These reports are due within 60 days of the completion of the performance test so facilities will have up to 60 days (and generally longer since the performance test and performance evaluations are required annually or once every 5 years). We are proposing that the elimination of SSM exemptions will become effective on the effective date of the rule. We understand that the regulated facility generally requires some time period to read and understand the amended rule requirements; evaluate their operations to ensure that they can meet the standards during periods of startup and shutdown as defined in the rule and make any necessary adjustments; adjust parameter monitoring and recording VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 systems to accommodate revisions; and update their operations to reflect the revised requirements. However, most foundry processes are batch processes, so the control systems are designed to accommodate differing operations, including startup and shutdown. We do not expect that the proposed SSM revisions will require any new control systems and very few, if any, operational changes. Additionally, much of the revisions are eliminating additional records and reports related to SSM. These changes can be implemented quickly by the foundry owner or operator at no cost (and likely some cost savings) and if these records are still collected after the final rule is promulgated, the facility will still be in compliance with the proposed requirements. Finally, this proposal serves to provide notification to the iron and steel foundry industry of the EPA’s intent to require compliance with the applicable standards at all times, including periods of SSM, and the evaluations and adjustments needed to comply with the standards at all times can be conducted based on this proposal. Therefore, the EPA is proposing to require compliance with the SSM revisions for 40 CFR part 63, subparts EEEEE and ZZZZZ, upon the effective date of the final rules. We solicit comment on this proposed compliance period, and we specifically request submission of information from sources in this source category regarding specific actions that would need to be undertaken to comply with the proposed amended requirements and the time needed to make the adjustments for compliance with any of the revised requirements. We note that information provided may result in changes to the proposed compliance date. V. Summary of Cost, Environmental, and Economic Impacts A. What are the affected sources? There are approximately 45 major source iron and steel foundries and approximately 390 area source iron and steel foundries affected by this proposal. In this proposal, we have included editorial corrections, electronic reporting requirements, and changes in policies regarding SSM. Because we are proposing no new requirements or controls in this RTR, no iron and steel foundries are adversely impacted by these proposed revisions. In fact, the impacts to iron and steel foundries from this proposal are expected to be minimal. PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 54421 B. What are the air quality impacts? Because we are not proposing revisions to the emission limitations, we do not anticipate any quantifiable air quality impacts as a result of the proposed amendments. However, we anticipate that the proposed requirements, including the removal of the SSM exemption and addition of periodic emissions testing, may reduce some unquantified emissions by ensuring proper operation of control devices during SSM periods. C. What are the cost impacts? We expect that the proposed amendments will have minimal cost impacts for iron and steel foundries. The proposed editorial corrections will have no cost impacts. The proposed revisions to use electronic reporting effectively replace existing requirements to mail in copies of the required reports and notifications. We expect that the electronic system will save some time and expense compared to printing and mailing the required reports and notifications; however, it will take some time for foundry owners and operators to review the new electronic notification and reporting form, review their recordkeeping processes, and potentially revise their processes to more efficiently complete their semiannual reports. There may also be initial costs associated with electronic reporting of performance tests. We are also proposing revisions to SSM provisions. Again, these revisions are expected to have minimal impact on affected iron and steel foundries. For major source iron and steel foundries, we are eliminating the need to develop a SSM plan or submit an immediate SSM report when the SSM plan is not followed and there is an exceedance of an applicable emission limitation. While this may reduce some burden, iron and steel foundry owners and operators will still need to assess their operations and make plans to achieve the emission limitations at all times, including periods of startup, shutdown, or malfunction. We estimate the initial one-time costs associated with the proposed electronic reporting and SSM revisions would be $96,000 for the 45 major source iron and steel foundries subject to 40 CFR part 63, subpart EEEEE, or approximately $2,130 per major source foundry. For area source foundries subject to 40 CFR part 63, subpart ZZZZZ, we estimate the total initial one-time costs would be $375,000 for the 390 area sources. The average one-time cost for an area source foundry classified as a small area source foundry is estimated to be $732 per E:\FR\FM\09OCP4.SGM 09OCP4 54422 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules foundry; the average one-time cost for an area source foundry classified as a large area source foundry is estimated to be $1,920 per foundry. Once electronic reporting is adopted, we expect costs savings to be realized for the ongoing report submissions. We estimate that a reduction in the time to prepare and submit semiannual reports of 1 to 2 hours per report would off-set the initial one-time costs within the first 3 years after implementation of the electronic reporting. Consequently, we consider the cost impacts associated with the proposed electronic reporting provisions to be minimal. Also, we expect there would only be a small number of immediate SSM reports each year, so that the cost savings associated with eliminating the immediate SSM reports each year would be under $500 nationwide. Consequently, we estimate the total one-time cost impacts of the proposed electronic reporting and SSM revisions will be approximately $470,000 across all foundries (area and major sources) and that these costs will largely be offset within the first 3 years of implementation. D. What are the economic impacts? Economic impact analyses focus on changes in market prices and output levels. If changes in market prices and output levels in the primary markets are significant enough, impacts on other markets may also be examined. Both the magnitude of costs associated with the proposed requirements and the distribution of these costs among affected facilities can have a role in determining how the market will change in response to a proposed rule. Because the costs associated with the proposed revisions are minimal, no significant economic impacts from the proposed amendments are anticipated. khammond on DSKJM1Z7X2PROD with PROPOSALS4 E. What are the benefits? Although the EPA does not anticipate any significant reductions in HAP emissions as a result of the proposed amendments, we believe that the action, if finalized as proposed, would result in improvements to the rule. Specifically, the proposed amendments revise the standards such that they apply at all times. Additionally, the proposed amendments requiring electronic submittal of initial notifications, performance test results, and semiannual reports will increase the usefulness of the data, are in keeping with current trends of data availability, will further assist in the protection of public health and the environment, and will ultimately result in less burden on the regulated community. See section VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 IV.D.3 of this preamble for more information. VI. Request for Comments We solicit comments on this proposed action. In addition to general comments on this proposed action, we are also interested in additional data that may improve the risk assessments and other analyses. We are specifically interested in receiving any improvements to the data used in the site-specific emissions profiles used for risk modeling. Such data should include supporting documentation in sufficient detail to allow characterization of the quality and representativeness of the data or information. Section VII of this preamble provides more information on submitting data. VII. Submitting Data Corrections The site-specific emissions profiles used in the source category risk and demographic analyses and instructions are available for download on the RTR website at https://www.epa.gov/ stationary-sources-air-pollution/ironand-steel-foundries-national-emissionsstandards-hazardous-air. The data files include detailed information for each HAP emissions release point for the facilities in the source category. If you believe that the data are not representative or are inaccurate, please identify the data in question, provide your reason for concern, and provide any ‘‘improved’’ data that you have, if available. When you submit data, we request that you provide documentation of the basis for the revised values to support your suggested changes. To submit comments on the data downloaded from the RTR website, complete the following steps: 1. Within this downloaded file, enter suggested revisions to the data fields appropriate for that information. 2. Fill in the commenter information fields for each suggested revision (i.e., commenter name, commenter organization, commenter email address, commenter phone number, and revision comments). 3. Gather documentation for any suggested emissions revisions (e.g., performance test reports, material balance calculations). 4. Send the entire downloaded file with suggested revisions in Microsoft® Access format and all accompanying documentation to Docket ID No. EPA– HQ–OAR–2019–0373 (through the method described in the ADDRESSES section of this preamble). 5. If you are providing comments on a single facility or multiple facilities, you need only submit one file for all facilities. The file should contain all PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 suggested changes for all sources at that facility (or facilities). We request that all data revision comments be submitted in the form of updated Microsoft® Excel files that are generated by the Microsoft® Access file. These files are provided on the RTR website at https:// www.epa.gov/stationary-sources-airpollution/iron-and-steel-foundriesnational-emissions-standardshazardous-air. VIII. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at: https://www.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was, therefore, not submitted to OMB for review. B. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. C. Paperwork Reduction Act (PRA) The information collection activities in this proposed rule have been submitted for approval to OMB under the PRA, as described for each source category covered by this proposal in sections C.1 and C.2 below. 1. Iron and Steel Foundries Major Sources The information collection request (ICR) document that the EPA prepared has been assigned EPA ICR number 2096.07. You can find a copy of the ICR in the docket for this rule, and it is briefly summarized here. We are proposing amendments that require electronic reporting, remove the malfunction exemption, and impose other revisions that affect reporting and recordkeeping for iron and steel foundries major source facilities. This information would be collected to assure compliance with 40 CFR part 63, subpart EEEEE. Respondents/affected entities: Owners or operators of iron and steel foundries major source facilities. Respondent’s obligation to respond: Mandatory (40 CFR part 63, subpart EEEEE). Estimated number of respondents: 45 (total). Frequency of response: Initial, semiannual, and annual. E:\FR\FM\09OCP4.SGM 09OCP4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS4 Total estimated burden: The annual recordkeeping and reporting burden for facilities to comply with all of the requirements in the NESHAP is estimated to be 15,000 hours (per year). Burden is defined at 5 CFR 1320.3(b). Total estimated cost: The annual recordkeeping and reporting burden for facilities to comply with all of the requirements in the NESHAP is estimated to be $1,400,000 (per year), which includes $206,000 annualized capital or operation and maintenance costs. 2. Iron and Steel Foundries Area Sources The ICR document that the EPA prepared has been assigned EPA ICR number 2267.05. You can find a copy of the ICR in the docket for this rule, and it is briefly summarized here. We are proposing amendments that require electronic reporting, remove the malfunction exemption, and impose other revisions that affect reporting and recordkeeping for iron and steel foundries area source facilities. This information would be collected to assure compliance with 40 CFR part 63, subpart ZZZZZ. Respondents/affected entities: Owners or operators of iron and steel foundries area source facilities. Respondent’s obligation to respond: Mandatory (40 CFR part 63, subpart ZZZZZ). Estimated number of respondents: 390 (total), 75 of these are classified as large iron and steel foundries and 315 are classified as small iron and steel foundries. Frequency of response: Initial, semiannual, and annual. Total estimated burden: The annual recordkeeping and reporting burden for facilities to comply with all of the requirements in the NESHAP is estimated to be 14,400 hours (per year). Burden is defined at 5 CFR 1320.3(b). Total estimated cost: The annual recordkeeping and reporting burden for facilities to comply with all of the requirements in the NESHAP is estimated to be $1,150,000 (per year); there are no annualized capital or operation and maintenance costs. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR part 9. Submit your comments on the Agency’s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden to VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 54423 the EPA using the docket identified at the beginning of this rule. You may also send your ICR-related comments to OMB’s Office of Information and Regulatory Affairs via email to OIRA_ submission@omb.eop.gov, Attention: Desk Officer for the EPA. Since OMB is required to make a decision concerning the ICR between 30 and 60 days after receipt, OMB must receive comments no later than November 8, 2019. The EPA will respond to any ICR-related comments in the final rule. EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This action’s health and risk assessments are contained in sections III and IV of this preamble and further documented in the following risk report titled Residual Risk Assessment for the Iron and Steel Foundries Major Source Category in Support of the 2019 Risk and Technology Review Proposed Rule, which can be found in the docket for this action. D. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities. Based on the Small Business Administration size category for this source category, no small entities are subject to this action. I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. E. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector. F. Executive Order 13132: Federalism This action 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. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. It will not have substantial 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. No tribal governments own facilities subject to the NESHAP. Thus, Executive Order 13175 does not apply to this action. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 J. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. EPA Method 9095B, ‘‘Paint Filter Liquids Test’’ was previously approved for incorporation by reference into § 63.10885 and no changes are proposed. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, lowincome populations, and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The documentation for this decision is contained in section IV.A.3 of this preamble and the technical report titled Risk and Technology Review—Analysis of Demographic Factors for Populations Living Near the Iron and Steel Foundries Source Category, which is located in the public docket for this action. We examined the potential for any environmental justice issues that might be associated with the source category, by performing a demographic analysis of the population close to the facilities. In this analysis, we evaluated the distribution of HAP-related cancer and noncancer risks from the 40 CFR part 63, subpart EEEEE, source category across different social, demographic, and economic groups within the populations living near facilities identified as having the highest risks. The methodology and the results of the demographic analyses are included in the technical report, Risk and E:\FR\FM\09OCP4.SGM 09OCP4 54424 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules Technology Review—Analysis of Demographic Factors for Populations Living Near the Iron and Steel Foundries Source Category, available in the docket for this action. The results of the 40 CFR part 63, subpart EEEEE, source category demographic analysis indicate that emissions from the Iron and Steel Foundries major source category expose approximately 144,000 people to a cancer risk at or above 1-in-1 million and none exposed to a chronic noncancer TOSHI greater than 1. The percentages of the at-risk population in each demographic group (except for ‘‘African American,’’ ‘‘Below Poverty Level,’’ and ‘‘Over 25 and without High School Diploma’’) are similar to or lower than their respective nationwide percentages. The African American population exposed to a cancer risk at or above 1-in-1 million due to iron and steel foundries major source emissions is 4 percent above the national average. Likewise, populations living ‘‘Below Poverty Level’’ and ‘‘Over 25 and without High School Diploma’’ are exposed to cancer risk above 1-in-1 million, 6 and 4 percent above the national average, respectively. List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, Incorporation by reference, Reporting and recordkeeping requirements. Dated: September 13, 2019. Andrew R. Wheeler, Administrator. For the reasons set forth in the preamble, the EPA proposes to amend 40 CFR part 63 as follows: PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 1. The authority citation for part 63 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart EEEEE—National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries 2. Section 63.7710 is amended by revising paragraph (a) to read as follows: khammond on DSKJM1Z7X2PROD with PROPOSALS4 ■ § 63.7710 What are my operation and maintenance requirements? (a) You must always operate and maintain your iron and steel foundry, including air pollution control and monitoring equipment, in a manner consistent with good air pollution control practices for minimizing VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 emissions at least to the levels required by this subpart. * * * * * ■ 3. Section 63.7720 is amended by revising paragraph (a) and removing and reserving paragraph (c) to read as follows: § 63.7720 What are my general requirements for complying with this subpart? (a) You must be in compliance with the emission limitations, work practice standards, and operation and maintenance requirements in this subpart at all times. * * * * * (c) [Reserved] ■ 4. Section 63.7732 is amended by revising paragraph (a) and revising paragraph (e)(1) introductory text to read as follows: § 63.7732 What test methods and other procedures must I use to demonstrate initial compliance with the emissions limitations? (a) You must conduct each performance test that applies to your iron and steel foundry based on your selected compliance alternative, if applicable, according to the requirements in paragraphs (b) through (i) of this section. Each performance test must be conducted under conditions representative of normal operations. Normal operating conditions exclude periods of startup and shutdown. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, you shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. * * * * * (e) * * * (1) Determine the VOHAP concentration for each test run according to the test methods in 40 CFR part 60, appendix A, that are specified in paragraphs (e)(1)(i) through (v) of this section. * * * * * ■ 5. Section 63.7746 is amended by removing and reserving paragraph (b) to read as follows: § 63.7746 What other requirements must I meet to demonstrate continuous compliance? * ■ * * * * (b) [Reserved] 6. Section 63.7751 is amended by: PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 a. Removing and reserving paragraph (b)(4); ■ b. Revising paragraphs (b)(6) through (8); ■ c. Removing and reserving paragraph (c); and ■ d. Adding paragraphs (e) through (i). The revisions and additions read as follows: ■ § 63.7751 when? What reports must I submit and * * * * * (b) * * * (4) [Reserved] * * * * * (6) If there were no periods during which a continuous monitoring system (including a CPMS or CEMS) was inoperable or out-of-control as specified by § 63.8(c)(7), a statement that there were no periods during which the CPMS was inoperable or out-of-control during the reporting period. (7) For each affected source or equipment for which there was a deviation from an emissions limitation (including an operating limit, work practice standard, or operation and maintenance requirement) that occurs at an iron and steel foundry during the reporting period, the compliance report must contain the information specified in paragraphs (b)(7)(i) through (iii) of this section. This requirement includes periods of startup, shutdown, and malfunction. (i) A list of the affected source or equipment and the total operating time of each emissions source during the reporting period. (ii) For each deviation from an emissions limitation (including an operating limit, work practice standard, or operation and maintenance requirement) that occurs at an iron and steel foundry during the reporting period, report: (A) The date, start time, duration (in hours), and cause of each deviation (characterized as either startup, shutdown, control equipment problem, process problem, other known cause, or unknown cause, as applicable) and the corrective action taken; and (B) An estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. (iii) A summary of the total duration (in hours) of the deviations that occurred during the reporting period by cause (characterized as startup, shutdown, control equipment problems, process problems, other known causes, and unknown causes) and the cumulative duration of deviations during the reporting period across all causes both in hours and as a percent of E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules the total source operating time during the reporting period. (8) For each continuous monitoring system (including a CPMS or CEMS) used to comply with the emissions limitation or work practice standard in this subpart that was inoperable or outof-control during any portion of the reporting period, you must include the information specified in paragraphs (b)(8)(i) through (vi) of this section. This requirement includes periods of startup, shutdown, and malfunction. (i) A brief description of the continuous monitoring system, including manufacturer and model number. (ii) The date of the latest continuous monitoring system certification or audit. (iii) A brief description and the total operating time of the affected source or equipment that is monitored by the continuous monitoring system during the reporting period. (iv) A description of any changes in continuous monitoring systems, processes, or controls since the last reporting period. (v) For each period for which the continuous monitoring system was inoperable or out-of-control during the reporting period, report: (A) The date, start time, and duration (in hours) of the deviation; (B) The type of deviation (inoperable or out-of-control); and (C) The cause of deviation (characterized as monitoring system malfunctions, non-monitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and unknown causes, as applicable) and the corrective action taken. (vi) A summary of the total duration (in hours) of the deviations that occurred during the reporting period by cause (characterized as monitoring system malfunctions, non-monitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and unknown causes) and the cumulative duration of deviations during the reporting period across all causes both in hours and as a percent of the total source operating time during the reporting period. (c) [Reserved] * * * * * (e) Compliance report submission requirements. Prior to [DATE 6 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register], you must submit semiannual compliance reports to the Administrator as specified in § 63.13. Beginning on [DATE 6 MONTHS AFTER DATE OF VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 PUBLICATION OF THE FINAL RULE IN THE Federal Register], you must submit all subsequent semiannual compliance reports to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA’s Central Data Exchange (CDX) (https:// cdx.epa.gov/). You must use the appropriate electronic report template on the CEDRI website (https:// www.epa.gov/electronic-reporting-airemissions/compliance-and-emissionsdata-reporting-interface-cedri) for this subpart. The date report templates become available will be listed on the CEDRI website. The report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. If you claim some of the information required to be submitted via CEDRI is confidential business information (CBI), submit a complete report, including information claimed to be CBI, to the EPA. The report must be generated using the appropriate form on the CEDRI website or an alternate electronic file consistent with the extensible markup language (XML) schema listed on the CEDRI website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph. (f) Performance test results submission requirements. Within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (f)(1) through (3) of this section. (1) Data collected using test methods supported by the EPA’s Electronic Reporting Tool (ERT) as listed on the EPA’s ERT website (https:// www.epa.gov/electronic-reporting-airemissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the performance test to the EPA via the CEDRI, which can be accessed through the EPA’s CDX (https:// cdx.epa.gov/). The data must be submitted in a file format generated through the use of the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA’s ERT website. (2) Data collected using test methods that are not supported by the EPA’s ERT PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 54425 as listed on the EPA’s ERT website at the time of the test. The results of the performance test must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI. (3) Confidential business information (CBI). If you claim some of the information submitted under paragraph (e)(1) of this section is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/ OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described in paragraph (f)(1) of this section. (g) Performance evaluation results submission requirements. Within 60 days after the date of completing each continuous monitoring system (CMS) performance evaluation (as defined in § 63.2), you must submit the results of the performance evaluation following the procedures specified in paragraphs (g)(1) through (3) of this section. (1) Performance evaluations of CMS measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the evaluation. Submit the results of the performance evaluation to the EPA via CEDRI, which can be accessed through the EPA’s CDX. The data must be submitted in a file format generated through the use of the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA’s ERT website. (2) Performance evaluations of CMS measuring RATA pollutants that are not supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the evaluation. The results of the performance evaluation must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI. (3) Confidential business information (CBI). If you claim some of the E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 54426 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules information submitted under paragraph (f)(1) of this section is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/ OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described in paragraph (g)(1) of this section. (h) Claims of EPA system outage. If you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (h)(1) through (7) of this section. (1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA’s CEDRI or CDX systems. (2) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due. (3) The outage may be planned or unplanned. (4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (5) You must provide to the Administrator a written description identifying: (i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (7) In any circumstance, the report must be submitted electronically as VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 soon as possible after the outage is resolved. (i) Claims of force majeure. If you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (i)(1) through (5) of this section. (1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage). (2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (3) You must provide to the Administrator: (i) A written description of the force majeure event; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (4) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. ■ 7. Section 63.7752 is amended by: ■ a. Revising paragraph (a)(2); ■ b. Revising paragraphs (b)(2) and (4); and ■ c. Adding paragraphs (d) and (e). The revisions and additions read as follows: § 63.7752 PO 00000 What records must I keep? (a) * * * Frm 00034 Fmt 4701 Sfmt 4702 (2) Records of required maintenance performed on the air pollution control and monitoring equipment as required by § 63.10(b)(2)(iii). * * * * * (b) * * * (2) Records of the site-specific performance evaluation test plan required under § 63.8(d)(2) for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you shall keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. The program of corrective action should be included in the plan as required under § 63.8(d)(2)(vi). * * * * * (4) Records of the date and time that each deviation started and stopped. * * * * * (d) You must keep the following records for each failure to meet an emissions limitation (including operating limit), work practice standard, or operation and maintenance requirement in this subpart. (1) Date, start time and duration of each failure. (2) List of the affected sources or equipment for each failure, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. (3) Actions taken to minimize emissions in accordance with § 63.7710(a), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (e) Any records required to be maintained by this part that are submitted electronically via the EPA’s CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. ■ 8. Section 63.7761 is amended by revising paragraph (c) introductory text and adding paragraph (c)(5) to read as follows: § 63.7761 Who implements and enforces this subpart? * * * * * (c) The authorities that cannot be delegated to state, local, or tribal E:\FR\FM\09OCP4.SGM 09OCP4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules agencies are specified in paragraphs (c)(1) through (5) of this section. * * * * * (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. ■ 9. Section 63.7765 is amended by revising the definitions of ‘‘Deviation’’ and ‘‘Off blast’’ to read as follows: § 63.7765 subpart? What definitions apply to this * * * * * Deviation means any instance in which an affected source or an owner or operator of such an affected source: (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emissions limitation (including operating limits), work practice standard, or operation and maintenance requirement; or (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any iron and steel foundry required to obtain such a permit. A deviation is not always a violation. The determination of whether a deviation constitutes a violation of the standard is up to the discretion of the entity responsible for enforcement of the standards. * * * * * 54427 Off blast means those periods of cupola operation when the cupola is not actively being used to produce molten metal. Off blast conditions include cupola startup when air is introduced to the cupola to preheat the sand bed and other cupola startup procedures. Off blast conditions also include idling conditions when the blast air is turned off or down to the point that the cupola does not produce additional molten metal. * * * * * ■ 10. Table 1 to subpart EEEEE is revised to read as follows: TABLE 1 TO SUBPART EEEEE OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART EEEEE [As stated in § 63.7760, you must meet each requirement in the following table that applies to you] Citation Subject Applies to subpart EEEEE? 63.1 ........................................................ 63.2 ........................................................ 63.3 ........................................................ 63.4 ........................................................ 63.5 ........................................................ 63.6(a) through (d) ................................ 63.6(e) ................................................... Applicability ........................................... Definitions .............................................. Units and abbreviations ........................ Prohibited activities ............................... Construction/reconstruction ................... Compliance applicability and dates ...... Operating and maintenance requirements. Applicability of non-opacity emission standards. Methods and finding of compliance with non-opacity emission standards. Use of an alternative nonopacity emission standard. Applicability of opacity and visible emissions standards. Yes. Yes. Yes. Yes. Yes. Yes. No ........................ Methods and other requirements for opacity and visible emissions standards. Compliance extension and Presidential compliance exemption. Applicability and performance test dates. Administrators rights to require a performance test and force majeure provisions. Notification of performance test, quality assurance program, and testing facilities. Performance test conditions ................. Yes. 63.6(f)(1) ................................................ 63.6(f)(2) through (3) ............................. 63.6(g) ................................................... 63.6(h)(1) ............................................... 63.6(h)(2) through (9) ............................ 63.6(i) through (j) ................................... 63.7(a)(1) through (2) ............................ 63.7(a)(3) through (4) ............................ 63.7(b) through (d) ................................ 63.7(e)(1) ............................................... khammond on DSKJM1Z7X2PROD with PROPOSALS4 63.7(e)(2) through (4), (f) through (h) ... 63.8(a)(1) through (3), (b), (c)(1)(ii), (c)(2) through (3), (c)(6) through (8), (d)(1) through (2). 63.8(a)(4) ............................................... 63.8(c)(1)(i), (c)(1)(iii) ............................ 63.8(c)(4) ............................................... 63.8(c)(5) ............................................... VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 Other performance testing requirements. Monitoring requirements ....................... No ........................ Yes. No ........................ No ........................ Yes. No ........................ Subpart EEEEE specifies performance test conditions. Yes. Yes. No ........................ Sfmt 4702 Subpart EEEEE specifies applicability and performance test dates. Yes. Continuous monitoring system (CMS) requirements. Continuous opacity monitoring system (COMS) Minimum Procedures. Fmt 4701 Subpart EEEEE specifies applicability of opacity and visible emission standards. Yes. No ........................ Frm 00035 Subpart EEEEE specifies operating and maintenance requirements. Subpart EEEEE specifies applicability of non-opacity emission standards. Yes. Additional monitoring requirements for control devices in § 63.11. Operation and maintenance of continuous monitoring systems. PO 00000 Explanation No ........................ No ........................ E:\FR\FM\09OCP4.SGM Subpart EEEEE does not require flares. 40 CFR 63.8 requires good air pollution control practices and sets out the requirements of a quality control program for monitoring equipment. Subpart EEEEE specifies requirements for operation of CMS and CEMS. Subpart EEEEE does not require COMS. 09OCP4 54428 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules TABLE 1 TO SUBPART EEEEE OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART EEEEE—Continued [As stated in § 63.7760, you must meet each requirement in the following table that applies to you] Citation Subject Applies to subpart EEEEE? Explanation 63.8(d)(3) ............................................... Quality control program ......................... No ........................ 63.8(e), (f)(1) through (6), (g)(1) through (4). 63.8(g)(5) ............................................... Performance evaluations and alternative monitoring. Data reduction ....................................... Yes ....................... No ........................ 63.9 ........................................................ Notification requirements ...................... Yes ....................... 63.10(a),(b)(1), (b)(2)(iii) and (vi) through (xiv), (b)(3), (c)(1) through (6), (c)(9) through (14), (d)(1) through (4), (e)(1) through (2), (f). 63.10(b)(2)(i), (ii), (iv) and (v) ................ Recordkeeping and reporting requirements. Yes ....................... Subpart EEEEE specifies records that must be kept associated with sitespecific performance evaluation test plan. Subpart EEEEE specifies requirements for alternative monitoring systems. Subpart EEEEE specifies data reduction requirements. Except: For opacity performance tests, Subpart EEEEE allows the notification of compliance status to be submitted with the semiannual compliance report or the semiannual part 70 monitoring report. Additional records for CMS in § 63.10(c)(1) through (6), (9) through (15) apply only to CEMS. No. 63.10(e)(3) ............................................. Recordkeeping for startup, shutdown, and malfunction events. Records of excess emissions and parameter monitoring exceedances for CMS. Periodic startup, shutdown, and malfunction reports. Excess emissions reports ..................... No ........................ 63.10(e)(4) ............................................. Reporting COMS data ........................... No ........................ 63.11 ...................................................... Control device requirements ................. No ........................ 63.12 ...................................................... 63.13–63.15 ........................................... State authority and delegations ............ Addresses of State air pollution control agencies and EPA regional offices. Incorporation by reference. Availability of information and confidentiality. Yes. Yes. 63.10(c)(7), (8) and (15) ........................ 63.10(d)(5) ............................................. Subpart ZZZZZ—National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources 11. Section 63.10885 is amended by revising paragraph (a)(1) to read as follows: ■ khammond on DSKJM1Z7X2PROD with PROPOSALS4 § 63.10885 What are my management practices for metallic scrap and mercury switches? (a) * * * (1) Restricted metallic scrap. You must prepare and operate at all times according to written material specifications for the purchase and use of only metal ingots, pig iron, slitter, or other materials that do not include postconsumer automotive body scrap, postconsumer engine blocks, post-consumer oil filters, oily turnings, lead components, chlorinated plastics, or free liquids. For the purpose of this subpart, ‘‘free liquids’’ is defined as material that fails the paint filter test by EPA Method 9095B, ‘‘Paint Filter VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 No ........................ No. Liquids Test’’ (incorporated by reference—see § 63.14). The requirements for no free liquids do not apply if the owner or operator can demonstrate that the free liquid is water that resulted from scrap exposure to rain. Any post-consumer engine blocks, post-consumer oil filters, or oily turnings that are processed and/or cleaned to the extent practicable such that the materials do not include lead components, mercury switches, chlorinated plastics, or free organic liquids can be included in this certification. * * * * * ■ 12. Section 63.10890 is amended by: ■ a. Revising paragraph (c) introductory text; ■ b. Revising paragraphs (d), (e)(3), (f) and (i); and ■ c. Adding paragraph (j). The revisions and additions read as follows: PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 Subpart EEEEE specifies records requirements. Subpart EEEEE specifies reporting requirements. Subpart EEEEE data does not require COMS. Subpart EEEEE does not require flares. § 63.10890 What are my management practices and compliance requirements? * * * * * (c) You must submit a notification of compliance status according to § 63.9(h)(2)(i). You must send the notification of compliance status before the close of business on the 30th day after the applicable compliance date specified in § 63.10881. The notification must include the following compliance certifications, as applicable: * * * * * (d) As required by § 63.10(b)(1), you must maintain files of all information (including all reports and notifications) for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. At a minimum, the most recent 2 years of data shall be retained on site. The remaining 3 years of data may be retained off site. Such files may be maintained on microfilm, on a computer, on computer floppy disks, on magnetic tape disks, or on microfiche. Any records required to be maintained E:\FR\FM\09OCP4.SGM 09OCP4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules by this part that are submitted electronically via the EPA’s Compliance and Emissions Data Reporting Interface (CEDRI) may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. (e) * * * (3) If you are subject to the requirements for a site-specific plan for mercury switch removal under § 63.10885(b)(1), you must maintain records of the number of mercury switches removed or the weight of mercury recovered from the switches and properly managed, the estimated number of vehicles processed, and an estimate of the percent of mercury switches recovered. * * * * * (f) You must submit semiannual compliance reports to the Administrator according to the requirements in § 63.10899(c), (f), and (g), except that § 63.10899(c)(5) and (7) do not apply. * * * * * (i) At all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. (j) You must comply with the following requirements of the General Provisions (40 CFR part 63, subpart A): §§ 63.1 through 63.5; § 63.6(a), (b), and (c); § 63.9; § 63.10(a), (b)(1), (b)(2)(xiv), (b)(3), (d)(1), (d)(4), and (f); and §§ 63.13 through 63.16. Requirements of the General Provisions not cited in the preceding sentence do not apply to the owner or operator of a new or existing affected source that is classified as a small foundry. ■ 13. Section 63.10896 is amended by adding paragraph (c) to read as follows: § 63.10896 What are my operation and maintenance requirements? khammond on DSKJM1Z7X2PROD with PROPOSALS4 * * * * * (c) At all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. ■ 14. Section 63.10897 is amended by adding paragraph (d)(3) introductory text and revising paragraph (g) to read as follows: VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 § 63.10897 What are my monitoring requirements? * * * * * (d) * * * (3) In the event that a bag leak detection system alarm is triggered, you must initiate corrective action to determine the cause of the alarm within 1 hour of the alarm, initiate corrective action to correct the cause of the problem within 24 hours of the alarm, and complete corrective action as soon as practicable, but no later than 10 calendar days from the date of the alarm. You must record the date and time of each valid alarm, the time you initiated corrective action, the corrective action taken, and the date on which corrective action was completed. Corrective actions may include, but are not limited to: * * * * * (g) In the event of an exceedance of an established emissions limitation (including an operating limit), you must restore operation of the emissions source (including the control device and associated capture system) to its normal or usual manner or operation as expeditiously as practicable in accordance with good air pollution control practices for minimizing emissions. The response shall include taking any necessary corrective actions to restore normal operation and prevent the likely recurrence of the exceedance. You must record the date and time corrective action was initiated, the corrective action taken, and the date corrective action was completed. * * * * * ■ 15. Section 63.10898 is amended by revising paragraph (c) to read as follows: § 63.10898 What are my performance test requirements? * * * * * (c) You must conduct each performance test under conditions representative of normal operations according to the requirements in Table 1 to this subpart and paragraphs (d) through (g) of this section. Normal operating conditions exclude periods of startup and shutdown. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, you shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. * * * * * PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 54429 16. Section 63.10899 is amended by: a. Revising paragraph (a); b. Revising paragraph (b) introductory text and paragraph (b)(2); ■ c. Adding paragraphs (b)(14) and (15); ■ d. Revising paragraph (c); and ■ e. Adding paragraphs (e) through (g). The revisions and additions read as follows: ■ ■ ■ § 63.10899 What are my recordkeeping and reporting requirements? (a) As required by § 63.10(b)(1), you must maintain files of all information (including all reports and notifications) for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. At a minimum, the most recent 2 years of data shall be retained on site. The remaining 3 years of data may be retained off site. Such files may be maintained on microfilm, on a computer, on computer floppy disks or flash drives, on magnetic tape disks, or on microfiche. Any records required to be maintained by this part that are submitted electronically via the EPA’s CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. * * * * * (b) In addition to the records required by 40 CFR 63.10(b)(2)(iii), (vi) through (xiv), and (b)(3), you must keep records of the information specified in paragraphs (b)(1) through (15) of this section. * * * * * (2) If you are subject to the requirements for a site-specific plan for mercury under § 63.10885(b)(1), you must maintain records of the number of mercury switches removed or the weight of mercury recovered from the switches and properly managed, the estimated number of vehicles processed, and an estimate of the percent of mercury switches recovered. * * * * * (14) You must keep records of the site-specific performance evaluation test plan required under § 63.8(d)(2) for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you shall keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 54430 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules Administrator, for a period of 5 years after each revision to the plan. The program of corrective action should be included in the plan as required under § 63.8(d)(2)(vi). (15) You must keep the following records for each failure to meet an emissions limitation (including operating limit), work practice standard, or operation and maintenance requirement in this subpart. (i) Date, start time, and duration of each failure; (ii) List of the affected sources or equipment for each failure, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. (iii) Actions taken to minimize emissions in accordance with § 63.10896(c), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (c) Prior to [DATE 6 MONTHS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register], you must submit semiannual compliance reports to the Administrator according to the requirements in § 63.13. Beginning on [DATE 6 MONTHS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register], you must submit all subsequent semiannual compliance reports to the EPA via the CEDRI, which can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/). You must use the appropriate electronic report template on the CEDRI website (https://www.epa.gov/electronicreporting-air-emissions/complianceand-emissions-data-reporting-interfacecedri) for this subpart. The date report templates become available will be listed on the CEDRI website. The report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. If you claim some of the information required to be submitted via CEDRI is confidential business information (CBI), submit a complete report, including information claimed to be CBI, to the EPA. The report must be generated using the appropriate form on the CEDRI website or an alternate electronic file consistent with the extensible markup language (XML) schema listed on the CEDRI website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/ CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 omitted must be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph. The reports must include the information specified in paragraphs (c)(1) through (3) of this section and, as applicable, paragraphs (c)(4) through (9) of this section. (1) Company name and address. (2) Statement by a responsible official, with that official’s name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (3) Date of report and beginning and ending dates of the reporting period. (4) If there were no deviations from any emissions limitations (including operating limits, pollution prevention management practices, or operation and maintenance requirements), a statement that there were no deviations from the emissions limitations, pollution prevention management practices, or operation and maintenance requirements during the reporting period. (5) If there were no periods during which a continuous monitoring system (including a CPMS or CEMS) was inoperable or out-of-control as specified by § 63.8(c)(7), a statement that there were no periods during which the CPMS was inoperable or out-of-control during the reporting period. (6) For each affected source or equipment for which there was a deviation from an emissions limitation (including an operating limit, pollution prevention management practice, or operation and maintenance requirement) that occurs at an iron and steel foundry during the reporting period, the compliance report must contain the information specified in paragraphs (c)(6)(i) through (iii) of this section. This requirement includes periods of startup, shutdown, and malfunction. (i) A list of the affected source or equipment and the total operating time of each emissions source during the reporting period. (ii) For each deviation from an emissions limitation (including an operating limit, pollution prevention management practice, or operation and maintenance requirement) that occurs at an iron and steel foundry during the reporting period, report: (A) The date, start time, duration (in hours), and cause of each deviation (characterized as either startup, shutdown, control equipment problem, process problem, other known cause, or unknown cause, as applicable) and the corrective action taken; and (B) An estimate of the quantity of each regulated pollutant emitted over any PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 emission limit and a description of the method used to estimate the emissions. (iii) A summary of the total duration (in hours) of the deviations that occurred during the reporting period by cause (characterized as startup, shutdown, control equipment problems, process problems, other known causes, and unknown causes) and the cumulative duration of deviations during the reporting period across all causes both in hours and as a percent of the total source operating time during the reporting period. (7) For each continuous monitoring system (including a CPMS or CEMS) used to comply with the emissions limitation or work practice standard in this subpart that was inoperable or outof-control during any portion of the reporting period, you must include the information specified in paragraphs (c)(7)(i) through (vi) of this section. This requirement includes periods of startup, shutdown, and malfunction. (i) A brief description of the continuous monitoring system, including manufacturer and model number. (ii) The date of the latest continuous monitoring system certification or audit. (iii) A brief description and the total operating time of the affected source or equipment that is monitored by the continuous monitoring system during the reporting period. (iv) A description of any changes in continuous monitoring systems, processes, or controls since the last reporting period. (v) For each period for which the continuous monitoring system was inoperable or out-of-control during the reporting period, report: (A) The date, start time, and duration (in hours) of the deviation; (B) The type of deviation (inoperable or out-of-control); and (C) The cause of deviation (characterized as monitoring system malfunctions, non-monitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and unknown causes, as applicable) and the corrective action taken. (vi) A summary of the total duration (in hours) of the deviations that occurred during the reporting period by cause (characterized as monitoring system malfunctions, non-monitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and unknown causes) and the cumulative duration of deviations during the reporting period across all causes both in hours and as a percent of the total source operating time during the reporting period. E:\FR\FM\09OCP4.SGM 09OCP4 khammond on DSKJM1Z7X2PROD with PROPOSALS4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules (8) Identification of which option in § 63.10885(b) applies to you. If you comply with the mercury requirements in § 63.10885(b) by using one scrap provider, contract, or shipment subject to one compliance provision and others subject to another compliance provision different, provide an identification of which option in § 63.10885(b) applies to each scrap provider, contract, or shipment. (9) If you are subject to the requirements for a site-specific plan for mercury under § 63.10885(b)(1), include: (i) The number of mercury switches removed or the weight of mercury recovered from the switches and properly managed, the estimated number of vehicles processed, an estimate of the percent of mercury switches recovered; (ii) A certification that the recovered mercury switches were recycled at RCRA-permitted facilities; and (iii) A certification that you have conducted periodic inspections or taken other means of corroboration as required under § 63.10885(b)(1)(ii)(C). * * * * * (e) Within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (e)(1) through (3) of this section. (1) Data collected using test methods supported by the EPA’s Electronic Reporting Tool (ERT) as listed on the EPA’s ERT website (https:// www.epa.gov/electronic-reporting-airemissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the performance test to the EPA via the CEDRI, which can be accessed through the EPA’s CDX (https:// cdx.epa.gov/). The data must be submitted in a file format generated through the use of the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA’s ERT website. (2) Data collected using test methods that are not supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the test. The results of the performance test must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI. (3) Confidential business information (CBI). If you claim some of the information submitted under paragraph VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 (e)(1) of this section is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/ OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described in paragraph (e)(1) of this section. (f) If you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (f)(1) through (7) of this section. (1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA’s CEDRI or CDX systems. (2) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due. (3) The outage may be planned or unplanned. (4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (5) You must provide to the Administrator a written description identifying: (i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 54431 (g) Claims of force majeure. If you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (g)(1) through (5) of this section. (1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage). (2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (3) You must provide to the Administrator: (i) A written description of the force majeure event; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. ■ 17. Section 63.10905 is amended by revising paragraph (c) introductory text and adding paragraph (c)(7) to read as follows: § 63.10905 Who implements and enforces this subpart? * * * * * (c) The authorities that cannot be delegated to State, local, or tribal agencies are specified in paragraphs (c)(1) through (7) of this section. * * * * * (7) Approval of an alternative to any electronic reporting to the EPA required by this subpart. ■ 18. Section 63.10906 is amended by revising the definition of ‘‘Deviation’’ to read as follows: E:\FR\FM\09OCP4.SGM 09OCP4 54432 § 63.10906 subpart? Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules What definitions apply to this * * * * * Deviation means any instance in which an affected source or an owner or operator of such an affected source: (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emissions limitation (including operating limits), management practice, or operation and maintenance requirement; or (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any iron and steel foundry required to obtain such a permit. * * * * * ■ 19. Table 3 to subpart ZZZZZ is revised to read as follows: TABLE 3 TO SUBPART ZZZZZ OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO NEW AND EXISTING AFFECTED SOURCES CLASSIFIED AS LARGE FOUNDRIES As required in § 63.10900(a), you must meet each requirement in the following table that applies to you: Citation Subject Applies to large foundry? 63.1 ........................................................ 63.2 ........................................................ 63.3 ........................................................ 63.4 ........................................................ 63.5 ........................................................ 63.6(a) through (d) ................................ 63.6(e) ................................................... Applicability ........................................... Definitions ............................................. Units and abbreviations ........................ Prohibited activities ............................... Construction/reconstruction .................. Compliance applicability and dates ...... Operating and maintenance requirements. Applicability of non-opacity emission standards. Methods and finding of compliance with non-opacity emission standards. Use of an alternative nonopacity emission standard. Applicability of opacity and visible emissions standards. Yes. Yes. Yes. Yes. Yes. Yes. No .......................... Methods and other requirements for opacity and visible emissions standards. Compliance extension and Presidential compliance exemption. Applicability and performance test dates. Administrators rights to require a performance test and force majeure provisions. Notification of performance test, quality assurance program, and testing facilities. Performance test conditions ................. Yes. Other performance testing requirements. Monitoring requirements ....................... Yes. 63.6(f)(1) ................................................ 63.6(f)(2) through (3) ............................. 63.6(g) ................................................... 63.6(h)(1) ............................................... 63.6(h)(2) through (9) ............................ 63.6(i) through (j) ................................... 63.7(a)(1) through (2) ............................ 63.7(a)(3) through (4) ............................ 63.7(b) through (d) ................................ 63.7(e)(1) ............................................... 63.7(e)(2) through (4), (f) through (h) ... 63.8(a)(1) through (3), (b), (c)(1)(ii), (c)(2) through (3), (c)(6) through (8), (d)(1) through (2), (e), (f)(1) through (6), (g)(1) through (4). 63.8(a)(4) ............................................... 63.8(c)(1)(i), (c)(1)(iii) ............................ 63.8(c)(4) ............................................... khammond on DSKJM1Z7X2PROD with PROPOSALS4 63.8(c)(5) ............................................... 63.8(d)(3) ............................................... (e), (f)(1) through (6), (g)(1) through (4) 63.8(g)(5) ............................................... 63.9 ........................................................ 63.10(a), (b)(1),(b)(2)(xii) through (xiv), (b)(3), (d)(1) through (4), (e)(1) through (2), (f). VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 No .......................... Yes. No .......................... No .......................... Yes. No .......................... Subpart ZZZZZ specifies performance test conditions. Yes. No. Performance evaluations and alternative monitoring. Data reduction ...................................... Notification requirements ...................... Recordkeeping and reporting requirements. Yes. Sfmt 4702 Subpart ZZZZZ specifies applicability and performance test dates. Yes. Continuous monitoring system (CMS) requirements. Continuous opacity monitoring system (COMS) minimum procedures. Quality control program ........................ Fmt 4701 Subpart ZZZZZ specifies applicability of opacity and visible emission standards Yes. No. Frm 00040 Subpart ZZZZZ specifies operating and maintenance requirements. Subpart ZZZZZ specifies applicability of non-opacity emission standards. Yes. Additional monitoring requirements for control devices in § 63.11. Operation and maintenance of continuous monitoring systems. PO 00000 Explanation No .......................... 40 CFR 63.8 requires good air pollution control practices and sets out the requirements of a quality control program for monitoring equipment. No. No .......................... Subpart ZZZZZ specifies records that must be kept associated with sitespecific performance evaluation test plan. No. Yes ........................ Yes. Except for opacity performance tests. E:\FR\FM\09OCP4.SGM 09OCP4 Federal Register / Vol. 84, No. 196 / Wednesday, October 9, 2019 / Proposed Rules 54433 TABLE 3 TO SUBPART ZZZZZ OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO NEW AND EXISTING AFFECTED SOURCES CLASSIFIED AS LARGE FOUNDRIES—Continued As required in § 63.10900(a), you must meet each requirement in the following table that applies to you: Citation Subject Applies to large foundry? 63.10(b)(2)(i) through (xi) ...................... 63.10(c) ................................................. Malfunction and CMS records .............. Additional records for CMS .................. No. No .......................... 63.10(d)(5) ............................................. Periodic startup, shutdown, and malfunction reports. Excess emissions reports ..................... No. 63.10(e)(3) ............................................. 63.10(e)(4) ............................................. 63.11 ...................................................... 63.12 ...................................................... 63.13 through 63.16 .............................. Reporting COMS data .......................... Control device requirements ................. State authority and delegations ............ Addresses of State air pollution control agencies and EPA regional offices. Incorporation by reference. Availability of information and confidentiality. Performance track provisions. No .......................... Explanation Subpart ZZZZZ specifies records requirements. Subpart ZZZZZ specifies reporting requirements. No. No. Yes. Yes. [FR Doc. 2019–20422 Filed 10–8–19; 8:45 am] khammond on DSKJM1Z7X2PROD with PROPOSALS4 BILLING CODE 6560–50–P VerDate Sep<11>2014 17:37 Oct 08, 2019 Jkt 247001 PO 00000 Frm 00041 Fmt 4701 Sfmt 9990 E:\FR\FM\09OCP4.SGM 09OCP4

Agencies

[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Proposed Rules]
[Pages 54394-54433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20422]



[[Page 54393]]

Vol. 84

Wednesday,

No. 196

October 9, 2019

Part IV





Environmental Protection Agency





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40 CFR Part 63





National Emission Standards for Hazardous Air Pollutants: Iron and 
Steel Foundries Residual Risk and Technology Review; Proposed Rule

Federal Register / Vol. 84 , No. 196 / Wednesday, October 9, 2019 / 
Proposed Rules

[[Page 54394]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2019-0373; FRL-10000-13-OAR]
RIN 2060-AT30


National Emission Standards for Hazardous Air Pollutants: Iron 
and Steel Foundries Residual Risk and Technology Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action presents the proposed results of the U.S. 
Environmental Protection Agency's (EPA's) residual risk and technology 
review (RTR) required under the Clean Air Act (CAA) for the National 
Emission Standards for Hazardous Air Pollutants (NESHAP) for major 
source Iron and Steel Foundries, initially promulgated in 2004 and 
amended in 2008. Pursuant to the CAA, this action also presents the 
proposed results of the technology review for the NESHAP for area 
source Iron and Steel Foundries, initially promulgated in 2008. In this 
proposed action, the EPA is also proposing to remove exemptions for 
periods of startup, shutdown, and malfunction (SSM) and specify that 
the emissions standards apply at all times; require electronic 
reporting of performance test results and compliance reports; and make 
minor corrections and clarifications for a few other rule provisions 
for major sources and area sources. Implementation of these proposed 
rules is not expected to result in significant changes to the emissions 
from iron and steel foundries, human health, or environmental impacts 
associated with those emissions. However, this action, if finalized, 
would result in improved monitoring, compliance, and implementation of 
the existing standards.

DATES: Comments. Comments must be received on or before November 25, 
2019. Under the Paperwork Reduction Act (PRA), comments on the 
information collection provisions are best assured of consideration if 
the Office of Management and Budget (OMB) receives a copy of your 
comments on or before November 8, 2019.
    Public hearing. If anyone contacts us requesting a public hearing 
on or before October 15, 2019, we will hold a hearing. Additional 
information about the hearing, if requested, will be published in a 
subsequent Federal Register document and posted at https://www.epa.gov/stationary-sources-air-pollution/iron-and-steel-foundries-national-emissions-standards-hazardous-air and https://www.epa.gov/stationary-sources-air-pollution/iron-and-steel-foundries-national-emission-standards-hazardous-air. See SUPPLEMENTARY INFORMATION for information 
on requesting and registering for a public hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2019-0373, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2019-0373 in the subject line of the message.
     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2019-0373.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Docket ID No. EPA-HQ-OAR-2019-0373, Mail Code 28221T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, WJC West 
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. 
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except federal holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed 
action, contact Phil Mulrine, Sector Policies and Programs Division 
(D243-02), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-5289; fax number: (919) 541-4991; 
and email address: [email protected]. For specific information 
regarding the risk modeling methodology, contact Ted Palma, Health and 
Environmental Impacts Division (C539-02), Office of Air Quality 
Planning and Standards, U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711; telephone number: (919) 541-5470; 
fax number: (919) 541-0840; and email address: [email protected]. For 
questions about monitoring and testing requirements, contact Kevin 
McGinn, Sector Policies and Programs Division (D230-02), Office of Air 
Quality Planning and Standards, U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711; telephone number: (919) 
541-3796; fax number: (919) 541-4991; and email address: 
[email protected]. For information about the applicability of the 
NESHAP to a particular entity, contact Maria Malave, Office of 
Enforcement and Compliance Assurance, U.S. Environmental Protection 
Agency, WJC South Building (Mail Code 2227A), 1200 Pennsylvania Avenue 
NW, Washington, DC 20460; telephone number: (202) 564-7027; and email 
address: [email protected].

SUPPLEMENTARY INFORMATION:
    Public hearing. Please contact Adrian Gates at (919) 541-4860 or by 
email at [email protected] to request a public hearing, to register 
to speak at the public hearing, or to inquire as to whether a public 
hearing will be held.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2019-0373. All documents in the docket are 
listed in Regulations.gov. Although listed, some information is not 
publicly available, e.g., Confidential Business Information (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. Publicly 
available docket materials are available either electronically in 
Regulations.gov or in hard copy at the EPA Docket Center, Room 3334, 
WJC West Building, 1301 Constitution Avenue 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 EPA 
Docket Center is (202) 566-1742.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2019-0373. The 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 CBI or other information whose disclosure is restricted by 
statute. Do not submit information that you

[[Page 54395]]

consider to be CBI or otherwise protected through https://www.regulations.gov/ or email. This type of information should be 
submitted by mail as discussed below.
    The EPA may publish any comment received to its public docket. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the Web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov/ website allows you to submit your 
comment anonymously, which means the 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 the EPA without going through 
https://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, the EPA recommends that you include your name and 
other contact information in the body of your comment and with any 
digital storage media you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should not include special characters or any form of encryption and be 
free of any defects or viruses. For additional information about the 
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
    Submitting CBI. Do not submit information containing CBI to the EPA 
through https://www.regulations.gov/ or email. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information on 
any digital storage media that you mail to the EPA, mark the outside of 
the digital storage media as CBI and then identify electronically 
within the digital storage media the specific information that is 
claimed as CBI. In addition to one complete version of the comments 
that includes information claimed as CBI, you must submit a copy of the 
comments that does not contain the information claimed as CBI directly 
to the public docket through the procedures outlined in Instructions 
above. If you submit any digital storage media that does not contain 
CBI, mark the outside of the digital storage media clearly that it does 
not contain CBI. Information not marked as CBI will be included in the 
public docket and the EPA's electronic public docket without prior 
notice. Information marked as CBI will not be disclosed except in 
accordance with procedures set forth in 40 Code of Federal Regulations 
(CFR) part 2. Send or deliver information identified as CBI only to the 
following address: OAQPS Document Control Officer (C404-02), OAQPS, 
U.S. Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2019-0373.
    Preamble acronyms and abbreviations. We use multiple acronyms and 
terms in this preamble. While this list may not be exhaustive, to ease 
the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

AEGL acute exposure guideline level
AERMOD air dispersion model used by the HEM-3 model
CAA Clean Air Act
CalEPA California EPA
CBI Confidential Business Information
CFR Code of Federal Regulations
EPA Environmental Protection Agency
ERPG emergency response planning guideline
ERT Electronic Reporting Tool
GACT generally available control technology
HAP hazardous air pollutant(s)
HCl hydrochloric acid
HEM-3 Human Exposure Model, Version 1.5.5
HF hydrogen fluoride
HI hazard index
HQ hazard quotient
IRIS Integrated Risk Information System
km kilometer
MACT maximum achievable control technology
mg/m\3\ milligrams per cubic meter
MIR maximum individual risk
NAAQS National Ambient Air Quality Standards
NAICS North American Industry Classification System
NATA National Air Toxics Assessment
NEI National Emissions Inventory
NESHAP national emission standards for hazardous air pollutants
NSR New Source Review
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OECA Office of Enforcement and Compliance Assurance
OMB Office of Management and Budget
PAH polycyclic aromatic hydrocarbons
PB-HAP hazardous air pollutants known to be persistent and bio-
accumulative in the environment
PCS pouring, cooling, and shakeout
PM particulate matter
POM polycyclic organic matter
ppm parts per million
ppmv parts per million by volume
RBLC Reasonably Available Control Technology, Best Available Control 
Technology, and Lowest Achievable Emission Rate Clearinghouse
REL reference exposure level
RFA Regulatory Flexibility Act
RfC reference concentration
RfD reference dose
RTR residual risk and technology review
SAB Science Advisory Board
SSM startup, shutdown, and malfunction
TOSHI target organ-specific hazard index
tpy tons per year
TRIM.FaTE Total Risk Integrated Methodology.Fate, Transport, and 
Ecological Exposure model
UF uncertainty factor
[mu]g/m\3\ microgram per cubic meter
UMRA Unfunded Mandates Reform Act
URE unit risk estimate
USGS U.S. Geological Survey

    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
II. Background
    A. What is the statutory authority for this action?
    B. What are the source categories and how do the current NESHAP 
regulate the HAP emissions?
    C. What data collection activities were conducted to support 
this action?
    D. What other relevant background information and data are 
available?
III. Analytical Procedures and Decision-Making
    A. How do we consider risk in our decision-making?
    B. How do we perform the technology review?
    C. How do we estimate post-MACT risk posed by the source 
category?
IV. Analytical Results and Proposed Decisions
    A. What are the results of the risk assessment and analyses?
    B. What are our proposed decisions regarding risk acceptability, 
ample margin of safety, and adverse environmental effect?
    C. What are the results and proposed decisions based on our 
technology review?
    D. What other actions are we proposing?
    E. What compliance dates are we proposing?
V. Summary of Cost, Environmental, and Economic Impacts
    A. What are the affected sources?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?

[[Page 54396]]

VI. Request for Comments
VII. Submitting Data Corrections
VIII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does this action apply to me?

    Table 1 of this preamble lists the NESHAP and associated regulated 
industrial source categories that are the subject of this proposal. 
Table 1 is not intended to be exhaustive, but rather provides a guide 
for readers regarding the entities that this proposed action is likely 
to affect. The proposed standards, once promulgated, will be directly 
applicable to the affected sources. Federal, state, local, and tribal 
government entities would not be affected by this proposed action. As 
defined in the Initial List of Categories of Sources Under Section 
112(c)(1) of the Clean Air Act Amendments of 1990 (see 57 FR 31576, 
July 16, 1992) and Documentation for Developing the Initial Source 
Category List, Final Report (see EPA-450/3-91-030, July 1992), the 
major source Iron Foundries and Steel Foundries were initially listed 
as two separately defined source categories. However, in the proposed 
and final NESHAP for major sources (in 2002 and 2004, respectively), 
the two source categories were combined into one major source category 
known as the Iron and Steel Foundries major source category. A single 
NESHAP (40 CFR part 63, subpart EEEEE) was developed to regulate both 
iron and steel major source foundries because of the similarities in 
the processes and because many ferrous foundries produce both iron and 
steel castings. Subsequently, on June 26, 2002, the EPA added Iron 
Foundries area sources and Steel Foundries area sources as two separate 
area source categories to the source category list, and the EPA 
established one area source NESHAP (40 CFR part 63, subpart ZZZZZ) that 
applies to the two area source categories. This proposed action 
addresses the major source NESHAP that applies to the major source Iron 
Foundries and the major source Steel Foundries and this action also 
addresses the area source NESHAP that applies to the Iron Foundries 
area source category and the Steel Foundries area source category. An 
iron and steel foundry is any facility engaged in the production of 
final shape ferrous castings from the melting of scrap, ingot, and/or 
other forms of iron and/or steel and pouring the molten metal into 
molds. Iron and steel foundries include the following four main process 
operations: Raw materials handling and preparation, metal melting, mold 
and core production, and casting and finishing.

    Table 1--NESHAP and Industrial Source Categories Affected by This
                             Proposed Action
------------------------------------------------------------------------
          Source category                  NESHAP         NAICS code \1\
------------------------------------------------------------------------
Iron and Steel Foundries..........  40 CFR part 63                331511
                                     subpart EEEEE.
                                    40 CFR part 63                331512
                                     subpart ZZZZZ.               331513
------------------------------------------------------------------------
\1\ North American Industry Classification System.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this action is available on the internet. Following signature by the 
EPA Administrator, the EPA will post a copy of this proposed action at 
https://www.epa.gov/stationary-sources-air-pollution/iron-and-steel-foundries-national-emissions-standards-hazardous-air and https://www.epa.gov/stationary-sources-air-pollution/iron-and-steel-foundries-national-emission-standards-hazardous-air. Following publication in the 
Federal Register, the EPA will post the Federal Register version of the 
proposal and key technical documents at these same websites. 
Information on the overall RTR program is available at https://www3.epa.gov/ttn/atw/rrisk/rtrpg.html.
    A redline version of the regulatory language that incorporates the 
proposed changes is available in the docket for this action (Docket ID 
No. EPA-HQ-OAR-2019-0373).

II. Background

A. What is the statutory authority for this action?

    The statutory authority for this action is provided by sections 112 
and 301 of the CAA, as amended (42 U.S.C. 7401 et seq.). Section 112 of 
the CAA establishes a two-stage regulatory process to develop standards 
for emissions of hazardous air pollutants (HAP) from stationary 
sources. Generally, the first stage involves establishing technology-
based standards and the second stage involves evaluating those 
standards that are based on maximum achievable control technology 
(MACT) to determine whether additional standards are needed to address 
any remaining risk associated with HAP emissions. This second stage is 
commonly referred to as the ``residual risk review.'' In addition to 
the residual risk review, the CAA also requires the EPA to review 
standards set under CAA section 112 every 8 years to determine if there 
are ``developments in practices, processes, or control technologies'' 
that may be appropriate to incorporate into the standards. This review 
is commonly referred to as the ``technology review.'' When the two 
reviews are combined into a single rulemaking, it is commonly referred 
to as the ``risk and technology review.'' The discussion that follows 
identifies the most relevant statutory sections and briefly explains 
the contours of the methodology used to implement these statutory 
requirements. A more comprehensive discussion appears in the document 
titled CAA Section 112 Risk and Technology Reviews: Statutory Authority 
and Methodology, in the docket for this rulemaking.
    In the first stage of the CAA section 112 standard setting process, 
the EPA

[[Page 54397]]

promulgates technology-based standards under CAA section 112(d) for 
categories of sources identified as emitting one or more of the HAP 
listed in CAA section 112(b). Sources of HAP emissions are either major 
sources or area sources, and CAA section 112 establishes different 
requirements for major source standards and area source standards. 
``Major sources'' are those that emit or have the potential to emit 10 
tons per year (tpy) or more of a single HAP or 25 tpy or more of any 
combination of HAP. All other sources are ``area sources.'' For major 
sources, CAA section 112(d)(2) provides that the technology-based 
NESHAP must reflect the maximum degree of emission reductions of HAP 
achievable (after considering cost, energy requirements, and non-air 
quality health and environmental impacts). These standards are commonly 
referred to as MACT standards. CAA section 112(d)(3) also establishes a 
minimum control level for MACT standards, known as the MACT ``floor.'' 
The EPA must also consider control options that are more stringent than 
the floor. Standards more stringent than the floor are commonly 
referred to as beyond-the-floor standards. In certain instances, as 
provided in CAA section 112(h), the EPA may set work practice standards 
where it is not feasible to prescribe or enforce a numerical emission 
standard. For area sources, CAA section 112(d)(5) gives the EPA 
discretion to set standards based on generally available control 
technologies or management practices (GACT standards) in lieu of MACT 
standards.
    The second stage in standard-setting focuses on identifying and 
addressing any remaining (i.e., ``residual'') risk according to CAA 
section 112(f). For source categories subject to MACT standards, 
section 112(f)(2) of the CAA requires the EPA to determine whether 
promulgation of additional standards is needed to provide an ample 
margin of safety to protect public health or to prevent an adverse 
environmental effect. Section 112(d)(5) of the CAA provides that this 
residual risk review is not required for categories of area sources 
subject to GACT standards. Section 112(f)(2)(B) of the CAA further 
expressly preserves the EPA's use of the two-step approach for 
developing standards to address any residual risk and the Agency's 
interpretation of ``ample margin of safety'' developed in the National 
Emissions Standards for Hazardous Air Pollutants: Benzene Emissions 
from Maleic Anhydride Plants, Ethylbenzene/Styrene Plants, Benzene 
Storage Vessels, Benzene Equipment Leaks, and Coke By-Product Recovery 
Plants (Benzene NESHAP) (54 FR 38044, September 14, 1989). The EPA 
notified Congress in the Risk Report that the Agency intended to use 
the Benzene NESHAP approach in making CAA section 112(f) residual risk 
determinations (EPA-453/R-99-001, p. ES-11). The EPA subsequently 
adopted this approach in its residual risk determinations and the 
United States Court of Appeals for the District of Columbia Circuit 
(the Court) upheld the EPA's interpretation that CAA section 112(f)(2) 
incorporates the approach established in the Benzene NESHAP. See NRDC 
v. EPA, 529 F.3d 1077, 1083 (D.C. Cir. 2008).
    The approach incorporated into the CAA and used by the EPA to 
evaluate residual risk and to develop standards under CAA section 
112(f)(2) is a two-step approach. In the first step, the EPA determines 
whether risks are acceptable. This determination ``considers all health 
information, including risk estimation uncertainty, and includes a 
presumptive limit on maximum individual lifetime [cancer] risk (MIR) 
\1\ of approximately 1 in 10 thousand.'' 54 FR 38045, September 14, 
1989. If risks are unacceptable, the EPA must determine the emissions 
standards necessary to reduce risk to an acceptable level without 
considering costs. In the second step of the approach, the EPA 
considers whether the emissions standards provide an ample margin of 
safety to protect public health ``in consideration of all health 
information, including the number of persons at risk levels higher than 
approximately 1 in 1 million, as well as other relevant factors, 
including costs and economic impacts, technological feasibility, and 
other factors relevant to each particular decision.'' Id. The EPA must 
promulgate emission standards necessary to provide an ample margin of 
safety to protect public health or determine that the standards being 
reviewed provide an ample margin of safety without any revisions. After 
conducting the ample margin of safety analysis, we consider whether a 
more stringent standard is necessary to prevent, taking into 
consideration costs, energy, safety, and other relevant factors, an 
adverse environmental effect.
---------------------------------------------------------------------------

    \1\ Although defined as ``maximum individual risk,'' MIR refers 
only to cancer risk. MIR, one metric for assessing cancer risk, is 
the estimated risk if an individual were exposed to the maximum 
level of a pollutant for a lifetime.
---------------------------------------------------------------------------

    CAA section 112(d)(6) separately requires the EPA to review 
standards promulgated under CAA section 112 and revise them ``as 
necessary (taking into account developments in practices, processes, 
and control technologies)'' no less often than every 8 years. In 
conducting this review, which we call the ``technology review,'' the 
EPA is not required to recalculate the MACT floor. Natural Resources 
Defense Council (NRDC) v. EPA, 529 F.3d 1077, 1084 (D.C. Cir. 2008). 
Association of Battery Recyclers, Inc. v. EPA, 716 F.3d 667 (D.C. Cir. 
2013). The EPA may consider cost in deciding whether to revise the 
standards pursuant to CAA section 112(d)(6).

B. What are the source categories and how do the current NESHAP 
regulate the HAP emissions?

    Iron and steel foundries manufacture metal castings by melting iron 
and/or steel in a furnace, pouring the molten iron or steel into a mold 
of a desired shape, allowing the casting to cool (solidify) in the 
mold, removing the casting from the mold, and finishing (grinding and 
cleaning) the final cast product. The primary processing units of 
interest at iron and steel foundries, because of their potential to 
generate HAP emissions, are the following: Metal melting furnaces; mold 
and core making lines; pouring, cooling, and shakeout (PCS) lines; and, 
if present, scrap preheaters. Melting furnaces primarily emit metal 
HAP. The three types of metal melting furnaces are cupolas (a blast-
type furnace), electric arc furnaces, and electric induction furnaces. 
Mold and core making and PCS lines primarily emit organic HAP. Molds, 
which define the outer shape of the castings, are primarily made of 
sand, clay, and water (referred to as ``green sand'') with small 
amounts of coke added to maintain a reducing atmosphere and prevent 
oxidation of the metal while it is cooling. Cores, which are used to 
create internal void spaces in the casting, generally require more 
mechanical strength than molds and consist of sand mixed with a 
chemical binder to create a hard, durable form for the internal shapes. 
Depending on the size and shape of the casting, chemical binders may 
also be used in the mold sand to increase the strength of the molds. 
Many of the binder systems contain organic solvents, some of which may 
volatilize and be emitted when the binder is mixed with the sand (i.e., 
mold and core making emissions). When the molten metal is poured in the 
sand molds, the hot metal causes the coke and/or organic chemical 
binders in the mold/cores to degrade and pyrolyze, which creates a 
variety of organic HAP emissions during the cooling and subsequent 
shakeout process (where the hardened casting is removed from the sand 
molds).

[[Page 54398]]

    The EPA promulgated MACT standards for major source iron and steel 
foundries on April 22, 2004, under 40 CFR part 63, subpart EEEEE (69 FR 
21906). The MACT standards established: Particulate matter (PM) 
emission limits (as a surrogate for metal HAP) and alternative metal 
HAP emission limits for metal melting furnaces; triethylamine emission 
limits from phenolic urethane cold box mold and core making operations 
and included work practice standards prohibiting methanol to be used as 
a specific component of furan (also known as furfuryl alcohol) warm box 
mold and core making lines; and organic HAP emission limits for new and 
existing cupola melting furnaces and scrap preheaters and for new 
automated cooling and shakeout lines. For other ancillary sources at 
the foundry, such as casting finishing, the MACT standards include a 
building opacity limit. The MACT standards also instituted scrap 
selection and inspection requirements to limit the amount of mercury, 
lead, chlorinated plastics, and free liquids present in the scrap fed 
to metal melting furnaces. There are approximately 45 major source iron 
and steel foundries in the United States.
    The EPA promulgated GACT standards for area source iron and steel 
foundries on January 2, 2008, under 40 CFR part 63, subpart ZZZZZ (73 
FR 252). The area source standards subcategorized foundries by size. 
Existing area source foundries with annual metal melt production of 
20,000 tons or less and new area source foundries with annual metal 
melt capacity of 10,000 tons or less are defined as ``small'' 
foundries; area source foundries exceeding these metal melt rates are 
defined as ``large'' foundries. Small and large area source iron and 
steel foundries are required to operate according to scrap selection 
and inspection requirements to limit the amount of mercury, lead, 
chlorinated plastics, and free liquids present in the scrap fed to 
metal melting furnaces and to operate furan warm box mold and core 
making lines without the use of methanol as a component of the catalyst 
formulation. The GACT standards for large iron and steel foundries also 
include PM emission limits (as a surrogate for metal HAP) and 
alternative metal HAP emission limits for metal melting furnaces and 
include building opacity limits for other ancillary sources at the 
foundry. The GACT standards for metal melting furnaces at area source 
foundries are less stringent than the MACT standards for major source 
foundries and include an allowance to use emissions averaging. We 
estimate there are approximately 390 area source iron and steel 
foundries in the United States.

C. What data collection activities were conducted to support this 
action?

    For the Iron and Steel Foundries NESHAP RTR, the EPA used emissions 
and supporting data from the 2014 National Emissions Inventory (NEI) as 
the primary data to develop the model input files for the residual risk 
assessments for major source iron and steel foundries. The NEI is a 
database that contains information about sources that emit criteria air 
pollutants, their precursors, and HAP. The database includes estimates 
of annual air pollutant emissions from point, nonpoint, and mobile 
sources in the 50 states, the District of Columbia, Puerto Rico, and 
the U.S. Virgin Islands. The EPA collects this information and releases 
an updated version of the NEI database every 3 years. The NEI includes 
data necessary for conducting risk modeling, including annual HAP 
emissions estimates from individual emission sources at facilities and 
the related emissions release parameters. In certain cases, we 
contacted state inventory compilers and facility owners or operators to 
confirm and clarify the sources of emissions, emissions estimates, and 
release parameters that were reported in the NEI. Additional 
information on the development of the modeling file can be found in 
Appendix 1 to the Residual Risk Assessment for the Iron and Steel 
Foundries Major Source Category in Support of the 2019 Risk and 
Technology Review Proposed Rule, which is available in the docket for 
this proposed rule (Docket ID No. EPA-HQ-OAR-2019-0373).

D. What other relevant background information and data are available?

    For the risk review portion of the RTR, there was no other relevant 
background information obtained beyond that used to develop the model 
input file as described above. For the technology review portion of the 
RTR, we collected information from the Reasonably Available Control 
Technology, Best Available Control Technology, and Lowest Achievable 
Emission Rate Clearinghouse (RBLC). This is a database that contains 
case-specific information on air pollution technologies that have been 
required to reduce the emissions of air pollutants from stationary 
sources. Under the EPA's New Source Review (NSR) program, if a facility 
is planning new construction or a modification that will increase the 
air emissions above certain defined thresholds, an NSR permit must be 
obtained. The RBLC promotes the sharing of information among permitting 
agencies and aids in case-by-case determinations for NSR permits. We 
examined information contained in the RBLC to determine what 
technologies are currently used for these source categories to reduce 
air emissions. Additional information about these data collection 
activities for the technology reviews is contained in the technology 
review memorandum titled Major and Area Source Technology Review for 
the Iron and Steel Foundries NESHAP, which is available in the docket 
for this proposed rule (Docket ID No. EPA-HQ-OAR-2019-0373).

III. Analytical Procedures and Decision-Making

    In this section, we describe the analyses performed to support the 
proposed decisions for the RTR and other issues addressed in this 
proposal. In this proposed action, pursuant to CAA section 112(f), the 
EPA is conducting a risk review for the major source NESHAP (40 CFR 
part 63, subpart EEEEE) MACT standards. Consistent with the provision 
regarding alternative standards for area sources in section CAA 
112(d)(5), the risk review does not cover the NESHAP for area sources. 
Therefore, the discussions of risk assessment methods and modeling 
analyses described in the following paragraphs only apply to the major 
source category. However, pursuant to CAA section 112(d)(6), the EPA is 
proposing the technology review for both major source NESHAP and the 
area source NESHAP (40 CFR part 63, subpart ZZZZZ). Therefore, the 
discussions in the paragraphs below regarding how EPA conducted the 
technology reviews apply to both major sources and area sources.

A. How do we consider risk in our decision-making?

    As discussed in section II.A of this preamble and in the Benzene 
NESHAP, in evaluating and developing standards under CAA section 
112(f)(2), we apply a two-step approach to determine whether or not 
risks are acceptable and to determine if the standards provide an ample 
margin of safety to protect public health. As explained in the Benzene 
NESHAP, ``the first step judgment on acceptability cannot be reduced to 
any single factor'' and, thus, ``[t]he Administrator believes that the 
acceptability of risk under section 112 is best judged on the basis of 
a broad set of health risk measures and information.'' 54 FR 38046, 
September 14, 1989. Similarly, with regard to the

[[Page 54399]]

ample margin of safety determination, ``the Agency again considers all 
of the health risk and other health information considered in the first 
step. Beyond that information, additional factors relating to the 
appropriate level of control will also be considered, including cost 
and economic impacts of controls, technological feasibility, 
uncertainties, and any other relevant factors.'' Id.
    The Benzene NESHAP approach provides flexibility regarding factors 
the EPA may consider in making determinations and how the EPA may weigh 
those factors for each source category. The EPA conducts a risk 
assessment that provides estimates of the MIR posed by the HAP 
emissions from each source in the source category, the hazard index 
(HI) for chronic exposures to HAP with the potential to cause noncancer 
health effects, and the hazard quotient (HQ) for acute exposures to HAP 
with the potential to cause noncancer health effects.\2\ The assessment 
also provides estimates of the distribution of cancer risk within the 
exposed populations, cancer incidence, and an evaluation of the 
potential for an adverse environmental effect. The scope of the EPA's 
risk analysis is consistent with the EPA's response to comments on our 
policy under the Benzene NESHAP where the EPA explained that the policy 
chosen by the Administrator permits consideration of multiple measures 
of health risk. Not only can the MIR figure be considered, but also 
incidence, the presence of non-cancer health effects, and the 
uncertainties of the risk estimates. In this way, the effect on the 
most exposed individuals can be reviewed as well as the impact on the 
general public. These factors can then be weighed in each individual 
case. This approach complies with the Vinyl Chloride mandate that the 
Administrator ascertain an acceptable level of risk to the public by 
employing his expertise to assess available data. It also complies with 
the Congressional intent behind the CAA, which did not exclude the use 
of any particular measure of public health risk from the EPA's 
consideration with respect to CAA section 112 regulations, and thereby 
implicitly permits consideration of any and all measures of health risk 
which the Administrator, in his judgment, believes are appropriate to 
determining what will protect the public health. See 54 FR 38057, 
September 14, 1989. Thus, the level of the MIR is only one factor to be 
weighed in determining acceptability of risk. The Benzene NESHAP 
explained that an MIR of approximately 1-in-10 thousand should 
ordinarily be the upper end of the range of acceptability. As risks 
increase above this benchmark, they become presumptively less 
acceptable under CAA section 112, and would be weighed with the other 
health risk measures and information in making an overall judgment on 
acceptability. Or, the Agency may find, in a particular case, that a 
risk that includes an MIR less than the presumptively acceptable level 
is unacceptable in the light of other health risk factors. Id. at 
38045. In other words, risks that include an MIR above 100-in-1 million 
may be determined to be acceptable, and risks with an MIR below that 
level may be determined to be unacceptable, depending on all of the 
available health information. Similarly, with regard to the ample 
margin of safety analysis, the EPA stated in the Benzene NESHAP that 
EPA believes the relative weight of the many factors that can be 
considered in selecting an ample margin of safety can only be 
determined for each specific source category. This occurs mainly 
because technological and economic factors (along with the health-
related factors) vary from source category to source category. Id. at 
38061. We also consider the uncertainties associated with the various 
risk analyses, as discussed earlier in this preamble, in our 
determinations of acceptability and ample margin of safety.
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    \2\ The MIR is defined as the cancer risk associated with a 
lifetime of exposure at the highest concentration of HAP where 
people are likely to live. The HQ is the ratio of the potential HAP 
exposure concentration to the noncancer dose-response value; the HI 
is the sum of HQs for HAP that affect the same target organ or organ 
system.
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    The EPA notes that it has not considered certain health information 
to date in making residual risk determinations. At this time, we do not 
attempt to quantify the HAP risk that may be associated with emissions 
from other facilities that do not include the source category under 
review, mobile source emissions, natural source emissions, persistent 
environmental pollution, or atmospheric transformation in the vicinity 
of the sources in the category.
    The EPA understands the potential importance of considering an 
individual's total exposure to HAP in addition to considering exposure 
to HAP emissions from the source category and facility. We recognize 
that such consideration may be particularly important when assessing 
noncancer risk, where pollutant-specific exposure health reference 
levels (e.g., reference concentrations (RfCs)) are based on the 
assumption that thresholds exist for adverse health effects. For 
example, the EPA recognizes that, although exposures attributable to 
emissions from a source category or facility alone may not indicate the 
potential for increased risk of adverse noncancer health effects in a 
population, the exposures resulting from emissions from the facility in 
combination with emissions from all of the other sources (e.g., other 
facilities) to which an individual is exposed may be sufficient to 
result in an increased risk of adverse noncancer health effects. In May 
2010, the Science Advisory Board (SAB) advised the EPA ``that RTR 
assessments will be most useful to decision makers and communities if 
results are presented in the broader context of aggregate and 
cumulative risks, including background concentrations and contributions 
from other sources in the area.'' \3\
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    \3\ Recommendations of the SAB Risk and Technology Review 
Methods Panel are provided in their report, which is available at: 
https://yosemite.epa.gov/sab/sabproduct.nsf/
4AB3966E263D943A8525771F00668381/$File/EPA-SAB-10-007-unsigned.pdf.
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    In response to the SAB recommendations, the EPA incorporates 
cumulative risk analyses into its RTR risk assessments, including those 
reflected in this proposal. The Agency (1) conducts facility-wide 
assessments, which include source category emission points, as well as 
other emission points within the facilities; (2) combines exposures 
from multiple sources in the same category that could affect the same 
individuals; and (3) for some persistent and bioaccumulative 
pollutants, analyzes the ingestion route of exposure. In addition, the 
RTR risk assessments consider aggregate cancer risk from all 
carcinogens and aggregated noncancer HQs for all noncarcinogens 
affecting the same target organ or target organ system.
    Although we are interested in placing source category and facility-
wide HAP risk in the context of total HAP risk from all sources 
combined in the vicinity of each source, we are concerned about the 
uncertainties of doing so. Estimates of total HAP risk from emission 
sources other than those that we have studied in depth during this RTR 
review would have significantly greater associated uncertainties than 
the source category or facility-wide estimates. Such aggregate or 
cumulative assessments would compound those uncertainties, making the 
assessments too unreliable.

B. How do we perform the technology review?

    Our technology review focuses on the identification and evaluation 
of developments in practices, processes, and control technologies that 
have occurred since the MACT standards

[[Page 54400]]

were promulgated. Where we identify such developments, we analyze their 
technical feasibility, estimated costs, energy implications, and non-
air environmental impacts. We also consider the emission reductions 
associated with applying each development. This analysis informs our 
decision of whether it is ``necessary'' to revise the emissions 
standards. In addition, we consider the appropriateness of applying 
controls to new sources versus retrofitting existing sources. For this 
exercise, we consider any of the following to be a ``development'':
     Any add-on control technology or other equipment that was 
not identified and considered during development of the original MACT 
standards;
     Any improvements in add-on control technology or other 
equipment (that were identified and considered during development of 
the original MACT standards) that could result in additional emissions 
reduction;
     Any work practice or operational procedure that was not 
identified or considered during development of the original MACT 
standards;
     Any process change or pollution prevention alternative 
that could be broadly applied to the industry and that was not 
identified or considered during development of the original MACT 
standards; and
     Any significant changes in the cost (including cost 
effectiveness) of applying controls (including controls the EPA 
considered during the development of the original MACT standards).
    In addition to reviewing the practices, processes, and control 
technologies that were considered at the time we originally developed 
(or last updated) the NESHAP, we review a variety of data sources in 
our investigation of potential practices, processes, or controls to 
consider. See sections II.C and II.D of this preamble for information 
on the specific data sources that were reviewed as part of the 
technology review.

C. How do we estimate post-MACT risk posed by the source category?

    In this section, we provide a complete description of the types of 
analyses that we generally perform during the risk assessment process. 
In some cases, we do not perform a specific analysis because it is not 
relevant. For example, in the absence of emissions of HAP known to be 
persistent and bioaccumulative in the environment (PB-HAP), we would 
not perform a multipathway exposure assessment. Where we do not perform 
an analysis, we state that we do not and provide the reason. While we 
present all of our risk assessment methods, we only present risk 
assessment results for the analyses actually conducted (see section 
IV.B of this preamble).
    The EPA conducts a risk assessment that provides estimates of the 
MIR for cancer posed by the HAP emissions from each source in the 
source category, the HI for chronic exposures to HAP with the potential 
to cause noncancer health effects, and the HQ for acute exposures to 
HAP with the potential to cause noncancer health effects. The 
assessment also provides estimates of the distribution of cancer risk 
within the exposed populations, cancer incidence, and an evaluation of 
the potential for an adverse environmental effect. The eight sections 
that follow this paragraph describe how we estimated emissions and 
conducted the risk assessment. The docket for this rulemaking contains 
the following document which provides more information on the risk 
assessment inputs and models: Residual Risk Assessment for the Iron and 
Steel Foundries Major Source Category in Support of the 2019 Risk and 
Technology Review Proposed Rule. The methods used to assess risk (as 
described in the eight primary steps below) are consistent with those 
described by the EPA in the document reviewed by a panel of the EPA's 
SAB in 2009; \4\ and described in the SAB review report issued in 2010. 
They are also consistent with the key recommendations contained in that 
report.
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    \4\ U.S. EPA. Risk and Technology Review (RTR) Risk Assessment 
Methodologies: For Review by the EPA's Science Advisory Board with 
Case Studies--MACT I Petroleum Refining Sources and Portland Cement 
Manufacturing, June 2009. EPA-452/R-09-006. https://www3.epa.gov/airtoxics/rrisk/rtrpg.html.
---------------------------------------------------------------------------

1. How did we estimate actual emissions and identify the emissions 
release characteristics?
    The EPA's initial estimates of actual emissions and the emission 
release characteristics for each facility in the major source Iron and 
Steel Foundries source category were based on the 2014 NEI. For this 
source category, emissions are released from both point and fugitive 
emissions sources. An example of a point release is furnace emissions 
that are captured by a control device such as a baghouse and released 
through a stack. Examples of fugitive releases include uncaptured 
emissions from mold making or pouring, cooling, and shakeout operations 
that exit the building through a roof vent or other openings. After 
compiling the initial emissions estimates from the 2014 NEI, the EPA 
posted the draft actual emissions estimates and stack parameters on the 
EPA's website to allow stakeholders an opportunity to review the data 
and provide corrections, if appropriate. In some cases, state and local 
inventory compilers and/or facility representatives were contacted to 
confirm or correct emissions that appeared to be outliers that were 
otherwise inconsistent with our understanding of the industry, or that 
were associated with high risk values in our initial risk screening 
analyses. Where appropriate, emission values and release 
characteristics were corrected, based on revised stack parameter 
information provided by the state, local, or facility representative. 
These revisions were documented and are included in Appendix 1 of the 
Residual Risk Assessment for the Iron and Steel Foundries Major Source 
Category in Support of the 2019 Risk and Technology Review Proposed 
Rule, which is available in the docket for this action. Nevertheless, 
some uncertainties remain in the emissions estimates used in our 
analysis. The annual emission estimates in the NEI are commonly 
developed using emission factors (rather than actual measurement data) 
and applying the maximum throughput or permitted operating hours, and, 
therefore, in some cases, may be conservative (i.e., more likely to be 
overestimates versus underestimates of the true actual emissions). When 
available, actual source test data may be used to develop a facility-
specific emission rate. Because source test requirements generally 
specify testing near maximum capacity, source test data generally 
represent upper-end emissions rates. These emission rates are then 
generally applied to the permitted operating hours, resulting in high 
estimates of the actual annual emissions.
    However, there may also be situations where emissions data are 
highly uncertain, lacking, or underestimated. For example, the 2014 NEI 
emissions estimates relied on by the EPA for this source category are 
developed largely by state or local agencies and different states or 
local agencies may use different methods to estimate the HAP emissions. 
We know there are times that state or local agencies used specific 
emissions factors or emissions estimation procedures to account for 
some uncaptured fugitive emissions at facilities. These emission 
estimates are quite uncertain because it is difficult to measure or 
estimate uncaptured fugitive emissions. On the other hand, there may

[[Page 54401]]

be situations where uncaptured fugitive emissions were not estimated 
such that these emissions may have been underreported in the 2014 NEI 
emission inventory. The EPA requests comments on the adequacy of the 
2014 NEI or other available information for estimating uncaptured 
fugitive emissions from foundry operations. Additional information on 
the development of the model input file for the major source category, 
including the development of the actual emissions and emissions release 
characteristics, can be found in Appendix 1 to the Residual Risk 
Assessment for Iron and Steel Foundries Major Source Category in 
Support of the 2019 Risk and Technology Review Proposed Rule document, 
which is available in the docket for this proposed rule (Docket ID No. 
EPA-HQ-OAR-2019-0373).
2. How did we estimate MACT-allowable emissions?
    Typically, the available emissions data in the RTR emissions 
dataset include estimates of the mass of HAP emitted during a specified 
annual time period. These ``actual'' emission levels are often lower 
than the emission levels allowed under the requirements of the current 
MACT standards. The emissions allowed under the MACT standards are 
referred to as the ``MACT-allowable'' emissions. We discussed the 
consideration of both MACT-allowable and actual emissions in the final 
Coke Oven Batteries RTR (70 FR 19998-19999, April 15, 2005) and in the 
proposed and final Hazardous Organic NESHAP RTR (71 FR 34428, June 14, 
2006, and 71 FR 76609, December 21, 2006, respectively). In those 
actions, we noted that assessing the risk at the MACT-allowable level 
is inherently reasonable since that risk reflects the maximum level 
facilities could emit and still comply with national emission 
standards. We also explained that it is reasonable to consider actual 
emissions, where such data are available, in both steps of the risk 
analysis, in accordance with the Benzene NESHAP approach. (54 FR 38044, 
September 14, 1989.)
    As discussed in the prior section, the EPA understands, based on 
conversations with state and local inventory developers, that the 
emission estimates reported to the NEI are generally the maximum 
permitted emissions. Although actual source test data may be used, when 
available, to develop a facility-specific emission factor or emissions 
rate, the NEI emissions estimates are commonly developed using default 
emission factors and the maximum capacity of the plant or maximum 
permitted operating hours for the source. Therefore, we think the NEI 
emissions for the Iron and Steel Foundries source category are likely 
to be more closely representative of allowable emissions than actual 
emissions.
    Additionally, for many of the sources, there are two potential 
emission limits in the NESHAP that the facility may comply with. For 
example, there are two alternative emission limits for metal melting 
furnaces: One based on PM and one based on metal HAP. Similarly, most 
of the organic HAP limits include both a percent reduction standard and 
a concentration standard. Given the emission limit alternatives 
available in the Iron and Steel Foundries NESHAP, it is difficult to 
assess or ``back-calculate'' the allowable emissions based on the data 
reported in the NEI. Because the NEI emissions for this source category 
generally reflect the maximum permitted emissions, and because we could 
not identify a reasonable alternative approach for developing allowable 
emission estimates, we assumed the MACT-allowable emissions were equal 
to the estimated actual emissions (as reported to the 2014 NEI along 
with the corrections described above). For more information, see 
Estimating Allowable and Acute Emission Rates for Major Source Iron and 
Steel Foundries document, which is available in the docket for this 
proposed rule (Docket ID No. EPA-HQ-OAR-2019-0373).
    We acknowledge that the EPA generally estimates allowable emissions 
for RTRs by assuming facilities emit each HAP at the level that would 
be allowed by the numerical emissions limits in the NESHAP and assuming 
production rates remain at historic typical production levels. However, 
we did not use this approach for this proposed RTR because of the 
complexities of the Iron and Steel Foundries NESHAP (described above) 
and because we had insufficient data to determine appropriate scale-up 
factors for each of the HAP. Therefore, we used the approach described 
above to derive estimates of allowable emissions for this proposed 
rule. We solicit comments regarding our assumptions, data, and approach 
to derive allowable emissions estimates and whether a different method 
or approach should be used to calculate allowable emissions.
3. How do we conduct dispersion modeling, determine inhalation 
exposures, and estimate individual and population inhalation risk?
    Both long-term and short-term inhalation exposure concentrations 
and health risk from the major source category addressed in this 
proposal were estimated using the Human Exposure Model (HEM-3).\5\ The 
HEM-3 performs three primary risk assessment activities: (1) Conducting 
dispersion modeling to estimate the concentrations of HAP in ambient 
air, (2) estimating long-term and short-term inhalation exposures to 
individuals residing within 50 kilometers (km) of the modeled sources, 
and (3) estimating individual and population-level inhalation risk 
using the exposure estimates and quantitative dose-response 
information.
---------------------------------------------------------------------------

    \5\ For more information about HEM-3, go to https://www.epa.gov/fera/risk-assessment-and-modeling-human-exposure-model-hem.
---------------------------------------------------------------------------

a. Dispersion Modeling
    The air dispersion model AERMOD, used by the HEM-3 model, is one of 
the EPA's preferred models for assessing air pollutant concentrations 
from industrial facilities.\6\ To perform the dispersion modeling and 
to develop the preliminary risk estimates, HEM-3 draws on three data 
libraries. The first is a library of meteorological data, which is used 
for dispersion calculations. This library includes 1 year (2016) of 
hourly surface and upper air observations from 824 meteorological 
stations, selected to provide coverage of the United States and Puerto 
Rico. A second library of United States Census Bureau census block \7\ 
internal point locations and populations provides the basis of human 
exposure calculations (U.S. Census, 2010). In addition, for each census 
block, the census library includes the elevation and controlling hill 
height, which are also used in dispersion calculations. A third library 
of pollutant-specific dose-response values is used to estimate health 
risk. These are discussed below.
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    \6\ U.S. EPA. Revision to the Guideline on Air Quality Models: 
Adoption of a Preferred General Purpose (Flat and Complex Terrain) 
Dispersion Model and Other Revisions (70 FR 68218, November 9, 
2005).
    \7\ A census block is the smallest geographic area for which 
census statistics are tabulated.
---------------------------------------------------------------------------

b. Risk From Chronic Exposure to HAP
    In developing the risk assessment for chronic exposures, we use the 
estimated annual average ambient air concentrations of each HAP emitted 
by each source in the major source category. The HAP air concentrations 
at each nearby census block centroid located within 50 km of the 
facility are a surrogate for the chronic inhalation exposure 
concentration for all the people who reside in that census block. A 
distance of 50 km is consistent with both the analysis supporting the 
1989

[[Page 54402]]

Benzene NESHAP (54 FR 38044, September 14, 1989) and the limitations of 
Gaussian dispersion models, including AERMOD.
    For each facility, we calculate the MIR as the cancer risk 
associated with a continuous lifetime (24 hours per day, 7 days per 
week, 52 weeks per year, 70 years) exposure to the maximum 
concentration at the centroid of each inhabited census block. We 
calculate individual cancer risk by multiplying the estimated lifetime 
exposure to the ambient concentration of each HAP (in micrograms per 
cubic meter ([mu]g/m\3\)) by its unit risk estimate (URE). The URE is 
an upper-bound estimate of an individual's incremental risk of 
contracting cancer over a lifetime of exposure to a concentration of 1 
microgram of the pollutant per cubic meter of air. For residual risk 
assessments, we generally use UREs from the EPA's Integrated Risk 
Information System (IRIS). For carcinogenic pollutants without IRIS 
values, we look to other reputable sources of cancer dose-response 
values, often using California EPA (CalEPA) UREs, where available. In 
cases where new, scientifically credible dose-response values have been 
developed in a manner consistent with EPA guidelines and have undergone 
a peer review process similar to that used by the EPA, we may use such 
dose-response values in place of, or in addition to, other values, if 
appropriate. The pollutant-specific dose-response values used to 
estimate health risk are available at https://www.epa.gov/fera/dose-response-assessment-assessing-health-risks-associated-exposure-hazardous-air-pollutants.
    To estimate individual lifetime cancer risks associated with 
exposure to HAP emissions from each facility in the source category, we 
sum the risks for each of the carcinogenic HAP \8\ emitted by the 
modeled facility. We estimate cancer risk at every census block within 
50 km of every facility in the source category. The MIR is the highest 
individual lifetime cancer risk estimated for any of those census 
blocks. In addition to calculating the MIR, we estimate the 
distribution of individual cancer risks for the source category by 
summing the number of individuals within 50 km of the sources whose 
estimated risk falls within a specified risk range. We also estimate 
annual cancer incidence by multiplying the estimated lifetime cancer 
risk at each census block by the number of people residing in that 
block, summing results for all of the census blocks, and then dividing 
this result by a 70-year lifetime.
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    \8\ The EPA's 2005 Guidelines for Carcinogen Risk Assessment 
classifies carcinogens as: ``carcinogenic to humans,'' ``likely to 
be carcinogenic to humans,'' and ``suggestive evidence of 
carcinogenic potential.'' These classifications also coincide with 
the terms ``known carcinogen, probable carcinogen, and possible 
carcinogen,'' respectively, which are the terms advocated in the 
EPA's Guidelines for Carcinogen Risk Assessment, published in 1986 
(51 FR 33992, September 24, 1986). In August 2000, the document, 
Supplemental Guidance for Conducting Health Risk Assessment of 
Chemical Mixtures (EPA/630/R-00/002), was published as a supplement 
to the 1986 document. Copies of both documents can be obtained from 
https://cfpub.epa.gov/ncea/risk/recordisplay.cfm?deid=20533&CFID=70315376&CFTOKEN=71597944. Summing 
the risk of these individual compounds to obtain the cumulative 
cancer risk is an approach that was recommended by the EPA's SAB in 
their 2002 peer review of the EPA's National Air Toxics Assessment 
(NATA) titled NATA--Evaluating the National-scale Air Toxics 
Assessment 1996 Data--an SAB Advisory, available at https://
yosemite.epa.gov/sab/sabproduct.nsf/
214C6E915BB04E14852570CA007A682C/$File/ecadv02001.pdf.
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    To assess the risk of noncancer health effects from chronic 
exposure to HAP, we calculate either an HQ or a target organ-specific 
hazard index (TOSHI). We calculate an HQ when a single noncancer HAP is 
emitted. Where more than one noncancer HAP is emitted, we sum the HQ 
for each of the HAP that affects a common target organ or target organ 
system to obtain a TOSHI. The HQ is the estimated exposure divided by 
the chronic noncancer dose-response value, which is a value selected 
from one of several sources. The preferred chronic noncancer dose-
response value is the EPA RfC, defined as ``an estimate (with 
uncertainty spanning perhaps an order of magnitude) of a continuous 
inhalation exposure to the human population (including sensitive 
subgroups) that is likely to be without an appreciable risk of 
deleterious effects during a lifetime'' (https://iaspub.epa.gov/sor_internet/registry/termreg/searchandretrieve/glossariesandkeywordlists/search.do?details=&vocabName=IRIS%20Glossary). In cases where an RfC 
from the EPA's IRIS is not available or where the EPA determines that 
using a value other than the RfC is appropriate, the chronic noncancer 
dose-response value can be a value from the following prioritized 
sources, which define their dose-response values similarly to the EPA: 
(1) The Agency for Toxic Substances and Disease Registry (ATSDR) 
Minimum Risk Level (https://www.atsdr.cdc.gov/mrls/index.asp); (2) the 
CalEPA Chronic Reference Exposure Level (REL) (https://oehha.ca.gov/air/crnr/notice-adoption-air-toxics-hot-spots-program-guidance-manual-preparation-health-risk-0); or (3) as noted above, a scientifically 
credible dose-response value that has been developed in a manner 
consistent with the EPA guidelines and has undergone a peer review 
process similar to that used by the EPA. The pollutant-specific dose-
response values used to estimate health risks are available at https://www.epa.gov/fera/dose-response-assessment-assessing-health-risks-associated-exposure-hazardous-air-pollutants.
c. Risk From Acute Exposure to HAP That May Cause Health Effects Other 
Than Cancer
    For each HAP for which appropriate acute inhalation dose-response 
values are available, the EPA also assesses the potential health risks 
due to acute exposure. For these assessments, the EPA makes 
conservative assumptions about emission rates, meteorology, and 
exposure location. In this proposed rulemaking, as part of our efforts 
to continually improve our methodologies to evaluate the risks that HAP 
emitted from categories of industrial sources pose to human health and 
the environment,\9\ we are revising our treatment of meteorological 
data to use reasonable worst-case air dispersion conditions in our 
acute risk screening assessments instead of worst-case air dispersion 
conditions. This revised treatment of meteorological data and the 
supporting rationale are described in more detail in Residual Risk 
Assessment for Iron and Steel Foundries Major Source Category in 
Support of the 2019 Risk and Technology Review Proposed Rule and in 
Appendix 5 of the report: Technical Support Document for Acute Risk 
Screening Assessment. We will be applying this revision in RTR 
rulemakings proposed on or after June 3, 2019.
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    \9\ See, e.g., U.S. EPA. Screening Methodologies to Support Risk 
and Technology Reviews (RTR): A Case Study Analysis (Draft Report, 
May 2017. https://www3.epa.gov/ttn/atw/rrisk/rtrpg.html).
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    To assess the potential acute risk to the maximally exposed 
individual, we use the peak hourly emission rate for each emission 
point,\10\ reasonable worst-case air dispersion conditions (i.e., 99th 
percentile), and the point of highest off-site exposure. Specifically, 
we assume that peak emissions from the

[[Page 54403]]

source category and reasonable worst-case air dispersion conditions co-
occur and that a person is present at the point of maximum exposure.
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    \10\ In the absence of hourly emission data, we develop 
estimates of maximum hourly emission rates by multiplying the 
average actual annual emissions rates by a factor (either a 
category-specific factor or a default factor of 10) to account for 
variability. This is documented in Residual Risk Assessment for the 
Iron and Steel Foundries Major Source Category in Support of the 
2019 Risk and Technology Review Proposed Rule and in Appendix 5 of 
the report: Technical Support Document for Acute Risk Screening 
Assessment. Both are available in the docket for this rulemaking.
---------------------------------------------------------------------------

    To characterize the potential health risks associated with 
estimated acute inhalation exposures to a HAP, we generally use 
multiple acute dose-response values, including acute RELs, acute 
exposure guideline levels (AEGLs), and emergency response planning 
guidelines (ERPG) for 1-hour exposure durations, if available, to 
calculate acute HQs. The acute HQ is calculated by dividing the 
estimated acute exposure concentration by the acute dose-response 
value. For each HAP for which acute dose-response values are available, 
the EPA calculates acute HQs.
    An acute REL is defined as ``the concentration level at or below 
which no adverse health effects are anticipated for a specified 
exposure duration.'' \11\ Acute RELs are based on the most sensitive, 
relevant, adverse health effect reported in the peer-reviewed medical 
and toxicological literature. They are designed to protect the most 
sensitive individuals in the population through the inclusion of 
margins of safety. Because margins of safety are incorporated to 
address data gaps and uncertainties, exceeding the REL does not 
automatically indicate an adverse health impact. AEGLs represent 
threshold exposure limits for the general public and are applicable to 
emergency exposures ranging from 10 minutes to 8 hours.\12\ They are 
guideline levels for ``once-in-a-lifetime, short-term exposures to 
airborne concentrations of acutely toxic, high-priority chemicals.'' 
Id. at 21. The AEGL-1 is specifically defined as ``the airborne 
concentration (expressed as ppm (parts per million) or mg/m\3\ 
(milligrams per cubic meter)) of a substance above which it is 
predicted that the general population, including susceptible 
individuals, could experience notable discomfort, irritation, or 
certain asymptomatic nonsensory effects. However, the effects are not 
disabling and are transient and reversible upon cessation of 
exposure.'' The document also notes that ``Airborne concentrations 
below AEGL-1 represent exposure levels that can produce mild and 
progressively increasing but transient and nondisabling odor, taste, 
and sensory irritation or certain asymptomatic, nonsensory effects.'' 
Id. AEGL-2 are defined as ``the airborne concentration (expressed as 
parts per million or milligrams per cubic meter) of a substance above 
which it is predicted that the general population, including 
susceptible individuals, could experience irreversible or other 
serious, long-lasting adverse health effects or an impaired ability to 
escape.'' Id.
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    \11\ CalEPA issues acute RELs as part of its Air Toxics Hot 
Spots Program, and the 1-hour and 8-hour values are documented in 
Air Toxics Hot Spots Program Risk Assessment Guidelines, Part I, The 
Determination of Acute Reference Exposure Levels for Airborne 
Toxicants, which is available at https://oehha.ca.gov/air/general-info/oehha-acute-8-hour-and-chronic-reference-exposure-level-rel-summary.
    \12\ National Academy of Sciences, 2001. Standing Operating 
Procedures for Developing Acute Exposure Levels for Hazardous 
Chemicals, page 2. Available at https://www.epa.gov/sites/production/files/2015-09/documents/sop_final_standing_operating_procedures_2001.pdf. Note that the 
National Advisory Committee for Acute Exposure Guideline Levels for 
Hazardous Substances ended in October 2011, but the AEGL program 
continues to operate at the EPA and works with the National 
Academies to publish final AEGLs (https://www.epa.gov/aegl).
---------------------------------------------------------------------------

    ERPGs are ``developed for emergency planning and are intended as 
health-based guideline concentrations for single exposures to 
chemicals.'' \13\ Id. at 1. The ERPG-1 is defined as ``the maximum 
airborne concentration below which it is believed that nearly all 
individuals could be exposed for up to 1 hour without experiencing 
other than mild transient adverse health effects or without perceiving 
a clearly defined, objectionable odor.'' Id. at 2. Similarly, the ERPG-
2 is defined as ``the maximum airborne concentration below which it is 
believed that nearly all individuals could be exposed for up to one 
hour without experiencing or developing irreversible or other serious 
health effects or symptoms which could impair an individual's ability 
to take protective action.'' Id. at 1.
---------------------------------------------------------------------------

    \13\ ERPGS Procedures and Responsibilities. March 2014. American 
Industrial Hygiene Association. Available at: https://www.aiha.org/get-involved/AIHAGuidelineFoundation/EmergencyResponsePlanningGuidelines/Documents/ERPG%20Committee%20Standard%20Operating%20Procedures%20%20-%20March%202014%20Revision%20%28Updated%2010-2-2014%29.pdf.
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    An acute REL for 1-hour exposure durations is typically lower than 
its corresponding AEGL-1 and ERPG-1. Even though their definitions are 
slightly different, AEGL-1s are often the same as the corresponding 
ERPG-1s, and AEGL-2s are often equal to ERPG-2s. The maximum HQs from 
our acute inhalation screening risk assessment typically result when we 
use the acute REL for a HAP. In cases where the maximum acute HQ 
exceeds 1, we also report the HQ based on the next highest acute dose-
response value (usually the AEGL-1 and/or the ERPG-1).
    For the Iron and Steel Foundries major source category, we 
estimated the peak hourly emission rate for each emission point based 
on the estimates of annual actual emissions described above (e.g., 2014 
NEI annual emissions estimates) and knowledge of the foundry processes. 
For foundry emissions sources that operate during the majority of the 
foundry operating hours, e.g., melting furnaces and pouring, cooling, 
and shakeout line operations, an emission adjustment factor of 4 was 
used to estimate a maximum hourly emissions rate from the annual 
average actual emissions estimates. For sources that have periodic 
emission releases, like tapping and inoculation, we applied the default 
factor of 10 because hourly emissions during these periodic operations 
are not quantifiable but can be significantly higher than the annual 
average emissions from these sources. These acute factors were applied 
based on the reported NEI source characterization code for each 
emission point. For more information, see Appendix 2 of the Residual 
Risk Assessment for the Iron and Steel Foundries Major Source Category 
in Support of the 2019 Risk and Technology Review Proposed Rule, which 
is available in the docket for this proposed rule (Docket ID No. EPA-
HQ-OAR-2019-0373). Appendix 2 is titled Estimating Allowable and Acute 
Emission Rates for Major Source Iron and Steel Foundries.
    In our acute inhalation screening risk assessment, acute impacts 
are deemed negligible for HAP for which acute HQs are less than or 
equal to 1, and no further analysis is performed for these HAP. In 
cases where an acute HQ from the screening step is greater than 1, we 
assess site-specific data to ensure that the acute HQ is at an off-site 
location. For this source category, the data refinements employed are 
discussed more fully in the Residual Risk Assessment for the Iron and 
Steel Foundries Major Source Category in Support of the 2019 Risk and 
Technology Review Proposed Rule, which is available in the docket for 
this source category.
4. How do we conduct the multipathway exposure and risk screening 
assessment?
    The EPA conducts a tiered screening assessment examining the 
potential for significant human health risks due to exposures via 
routes other than inhalation (i.e., ingestion). We first determine 
whether any sources in the source category emit any HAP known to be 
persistent and bioaccumulative in the environment, as identified in the 
EPA's Air Toxics Risk Assessment Library (see Volume 1, Appendix D, at 
https://www.epa.gov/fera/risk-assessment-and-

[[Page 54404]]

modeling-air-toxics-risk-assessment-reference-library.
    For the Iron and Steel Foundries major source category, we 
identified PB-HAP emissions of polycyclic organic matter (POM) (of 
which polycyclic aromatic hydrocarbons (PAH) is a subset), lead 
compounds, mercury compounds, cadmium compounds, and arsenic compounds 
so we proceeded to the next step of the evaluation. Except for lead, 
the human health risk screening assessment for PB-HAP consists of three 
progressive tiers.
    In a Tier 1 screening assessment, we determine whether the 
magnitude of the facility-specific emissions of PB-HAP warrants further 
evaluation to characterize human health risk through ingestion 
exposure. To facilitate this step, we evaluate emissions against 
previously developed screening threshold emission rates for several PB-
HAP that are based on a hypothetical upper-end screening exposure 
scenario developed for use in conjunction with the EPA's Total Risk 
Integrated Methodology.Fate, Transport, and Ecological Exposure 
(TRIM.FaTE) model. The PB-HAP with screening threshold emission rates 
are arsenic compounds, cadmium compounds, chlorinated dibenzodioxins 
and furans, mercury compounds, and POM. Based on the EPA estimates of 
toxicity and bioaccumulation potential, these pollutants represent a 
conservative list for inclusion in multipathway risk assessments for 
RTR rules. (See Volume 1, Appendix D at https://www.epa.gov/sites/production/files/2013-08/documents/volume_1_reflibrary.pdf). In this 
assessment, we compare the facility-specific emission rates of these 
PB-HAP to the screening threshold emission rates for each PB-HAP to 
assess the potential for significant human health risks via the 
ingestion pathway. We call this application of the TRIM.FaTE model the 
Tier 1 screening assessment. The ratio of a facility's actual emission 
rate to the Tier 1 screening threshold emission rate is a ``screening 
value.''
    We derive the Tier 1 screening threshold emission rates for these 
PB-HAP (other than lead compounds) to correspond to a maximum excess 
lifetime cancer risk of 1-in-1 million (i.e., for arsenic compounds, 
polychlorinated dibenzodioxins, and furans and POM) or, for HAP that 
cause noncancer health effects (i.e., cadmium compounds and mercury 
compounds), a maximum HQ of 1. If the emission rate of any one PB-HAP 
or combination of carcinogenic PB-HAP in the Tier 1 screening 
assessment exceeds the Tier 1 screening threshold emission rate for any 
facility (i.e., the screening value is greater than 1), we conduct a 
second screening assessment, which we call the Tier 2 screening 
assessment. The Tier 2 screening assessment separates the Tier 1 
combined fisher and farmer exposure scenario into fisher, farmer, and 
gardener scenarios that retain upper-bound ingestion rates.
    In the Tier 2 screening assessment, the location of each facility 
that exceeds a Tier 1 screening threshold emission rate is used to 
refine the assumptions associated with the Tier 1 fisher and farmer 
exposure scenarios at that facility. A key assumption in the Tier 1 
screening assessment is that a lake and/or farm is located near the 
facility. As part of the Tier 2 screening assessment, we use a U.S. 
Geological Survey (USGS) database to identify actual waterbodies within 
50 km of each facility and assume the fisher only consumes fish from 
lakes within that 50 km zone. We also examine the differences between 
local meteorology near the facility and the meteorology used in the 
Tier 1 screening assessment. We then adjust the previously-developed 
Tier 1 screening threshold emission rates for each PB-HAP for each 
facility based on an understanding of how exposure concentrations 
estimated for the screening scenario change with the use of local 
meteorology and the USGS lakes database.
    In the Tier 2 farmer scenario, we maintain an assumption that the 
farm is located within 0.5 km of the facility and that the farmer 
consumes meat, eggs, dairy, vegetables, and fruit produced near the 
facility. We may further refine the Tier 2 screening analysis by 
assessing a gardener scenario to characterize a range of exposures, 
with the gardener scenario being more plausible in RTR evaluations. 
Under the gardener scenario, we assume the gardener consumes home-
produced eggs, vegetables, and fruit products at the same ingestion 
rate as the farmer. The Tier 2 screen continues to rely on the high-end 
food intake assumptions that were applied in Tier 1 for local fish 
(adult female angler at 99th percentile fish consumption \14\) and 
locally grown or raised foods (90th percentile consumption of locally 
grown or raised foods for the farmer and gardener scenarios \15\). If 
PB-HAP emission rates do not result in a Tier 2 screening value greater 
than 1, we consider those PB-HAP emissions to pose risks below a level 
of concern. If the PB-HAP emission rates for a facility exceed the Tier 
2 screening threshold emission rates, we may conduct a Tier 3 screening 
assessment.
---------------------------------------------------------------------------

    \14\ Burger, J. 2002. Daily consumption of wild fish and game: 
Exposures of high-end recreationists. International Journal of 
Environmental Health Research 12:343-354.
    \15\ U.S. EPA. Exposure Factors Handbook 2011 Edition (Final). 
U.S. Environmental Protection Agency, Washington, DC, EPA/600/R-09/
052F, 2011.
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    There are several analyses that can be included in a Tier 3 
screening assessment, depending upon the extent of refinement 
warranted, including validating that the impacted lakes are fishable, 
locating residential/garden locations for urban and/or rural settings, 
considering plume-rise to estimate emissions lost above the mixing 
layer, and considering hourly effects of meteorology and plume-rise on 
chemical fate and transport (a time-series analysis). If necessary, the 
EPA may further refine the screening assessment through a site-specific 
assessment.
    In evaluating the potential multipathway risk from emissions of 
lead compounds, rather than developing a screening threshold emission 
rate, we compare maximum estimated chronic inhalation exposure 
concentrations to the level of the current National Ambient Air Quality 
Standard (NAAQS) for lead.\16\ Values below the level of the primary 
(health-based) lead NAAQS are considered to have a low potential for 
multipathway risk.
---------------------------------------------------------------------------

    \16\ In doing so, the EPA notes that the legal standard for a 
primary NAAQS--that a standard is requisite to protect public health 
and provide an adequate margin of safety (CAA section 109(b))--
differs from the CAA section 112(f) standard (requiring, among other 
things, that the standard provide an ``ample margin of safety to 
protect public health''). However, the primary lead NAAQS is a 
reasonable measure of determining risk acceptability (i.e., the 
first step of the Benzene NESHAP analysis) since it is designed to 
protect the most susceptible group in the human population--
children, including children living near major lead emitting 
sources. 73 FR 67002/3; 73 FR 67000/3; 73 FR 67005/1. In addition, 
applying the level of the primary lead NAAQS at the risk 
acceptability step is conservative, since that primary lead NAAQS 
reflects an adequate margin of safety.
---------------------------------------------------------------------------

    For further information on the multipathway assessment approach, 
see the Residual Risk Assessment for the Iron and Steel Foundries Major 
Source Category in Support of the Risk and Technology Review 2019 
Proposed Rule, which is available in the docket for this action.
5. How do we assess risks considering emissions control options?
    In addition to assessing baseline inhalation risks and screening 
for potential multipathway risks, we also estimate risks considering 
the potential emission reductions that would be achieved by the control 
options under consideration. In these cases, the

[[Page 54405]]

expected emission reductions are applied to the specific HAP and 
emission points in the RTR emissions dataset to develop corresponding 
estimates of risk and incremental risk reductions.
6. How do we conduct the environmental risk screening assessment?
a. Adverse Environmental Effect, Environmental HAP, and Ecological 
Benchmarks
    The EPA conducts a screening assessment to examine the potential 
for an adverse environmental effect as required under section 
112(f)(2)(A) of the CAA. Section 112(a)(7) of the CAA defines ``adverse 
environmental effect'' as ``any significant and widespread adverse 
effect, which may reasonably be anticipated, to wildlife, aquatic life, 
or other natural resources, including adverse impacts on populations of 
endangered or threatened species or significant degradation of 
environmental quality over broad areas.''
    The EPA focuses on eight HAP, which are referred to as 
``environmental HAP,'' in its screening assessment: Six PB-HAP and two 
acid gases. The PB-HAP included in the screening assessment are arsenic 
compounds, cadmium compounds, dioxins/furans, POM, mercury (both 
inorganic mercury and methyl mercury), and lead compounds. The acid 
gases included in the screening assessment are hydrochloric acid (HCl) 
and hydrogen fluoride (HF).
    HAP that persist and bioaccumulate are of particular environmental 
concern because they accumulate in the soil, sediment, and water. The 
acid gases, HCl and HF, are included due to their well-documented 
potential to cause direct damage to terrestrial plants. In the 
environmental risk screening assessment, we evaluate the following four 
exposure media: Terrestrial soils, surface water bodies (includes 
water-column and benthic sediments), fish consumed by wildlife, and 
air. Within these four exposure media, we evaluate nine ecological 
assessment endpoints, which are defined by the ecological entity and 
its attributes. For PB-HAP (other than lead), both community-level and 
population-level endpoints are included. For acid gases, the ecological 
assessment evaluated is terrestrial plant communities.
    An ecological benchmark represents a concentration of HAP that has 
been linked to a particular environmental effect level. For each 
environmental HAP, we identified the available ecological benchmarks 
for each assessment endpoint. We identified, where possible, ecological 
benchmarks at the following effect levels: Probable effect levels, 
lowest-observed-adverse-effect level, and no-observed-adverse-effect 
level. In cases where multiple effect levels were available for a 
particular PB-HAP and assessment endpoint, we use all of the available 
effect levels to help us to determine whether ecological risks exist 
and, if so, whether the risks could be considered significant and 
widespread.
    For further information on how the environmental risk screening 
assessment was conducted, including a discussion of the risk metrics 
used, how the environmental HAP were identified, and how the ecological 
benchmarks were selected, see Appendix 9 of the Residual Risk 
Assessment for the Iron and Steel Foundries Major Source Category in 
Support of the Risk and Technology Review 2019 Proposed Rule, which is 
available in the docket for this action.
b. Environmental Risk Screening Methodology
    For the environmental risk screening assessment, the EPA first 
determined whether any facilities in the Iron and Steel Foundries major 
source category emitted any of the environmental HAP. For the Iron and 
Steel Foundries major source category, we identified emissions of 
arsenic, cadmium, HCl, HF, lead, mercury (methyl mercury and mercuric 
chloride), and POM. Because one or more of the environmental HAP 
evaluated are emitted by at least one facility in the source category, 
we proceeded to the second step of the evaluation.
c. PB-HAP Methodology
    The environmental screening assessment includes six PB-HAP, arsenic 
compounds, cadmium compounds, dioxins/furans, POM, mercury (both 
inorganic mercury and methyl mercury), and lead compounds. With the 
exception of lead, the environmental risk screening assessment for PB-
HAP consists of three tiers. The first tier of the environmental risk 
screening assessment uses the same health-protective conceptual model 
that is used for the Tier 1 human health screening assessment. 
TRIM.FaTE model simulations were used to back-calculate Tier 1 
screening threshold emission rates. The screening threshold emission 
rates represent the emission rate in tons of pollutant per year that 
results in media concentrations at the facility that equal the relevant 
ecological benchmark. To assess emissions from each facility in the 
category, the reported emission rate for each PB-HAP was compared to 
the Tier 1 screening threshold emission rate for that PB-HAP for each 
assessment endpoint and effect level. If emissions from a facility do 
not exceed the Tier 1 screening threshold emission rate, the facility 
``passes'' the screening assessment, and, therefore, is not evaluated 
further under the screening approach. If emissions from a facility 
exceed the Tier 1 screening threshold emission rate, we evaluate the 
facility further in Tier 2.
    In Tier 2 of the environmental screening assessment, the screening 
threshold emission rates are adjusted to account for local meteorology 
and the actual location of lakes in the vicinity of facilities that did 
not pass the Tier 1 screening assessment. For soils, we evaluate the 
average soil concentration for all soil parcels within a 7.5-km radius 
for each facility and PB-HAP. For the water, sediment, and fish tissue 
concentrations, the highest value for each facility for each pollutant 
is used. If emission concentrations from a facility do not exceed the 
Tier 2 screening threshold emission rate, the facility ``passes'' the 
screening assessment and typically is not evaluated further. If 
emissions from a facility exceed the Tier 2 screening threshold 
emission rate, we evaluate the facility further in Tier 3.
    As in the multipathway human health risk assessment, in Tier 3 of 
the environmental screening assessment, we examine the suitability of 
the lakes around the facilities to support life and remove those that 
are not suitable (e.g., lakes that have been filled in or are 
industrial ponds), adjust emissions for plume-rise, and conduct hour-
by-hour time-series assessments. If these Tier 3 adjustments to the 
screening threshold emission rates still indicate the potential for an 
adverse environmental effect (i.e., facility emission rate exceeds the 
screening threshold emission rate), we may elect to conduct a more 
refined assessment using more site-specific information. If, after 
additional refinement, the facility emission rate still exceeds the 
screening threshold emission rate, the facility may have the potential 
to cause an adverse environmental effect.
    To evaluate the potential for an adverse environmental effect from 
lead, we compared the average modeled air concentrations (from HEM-3) 
of lead around each facility in the source category to the level of the 
secondary NAAQS for lead. The secondary lead NAAQS is a reasonable 
means of evaluating environmental risk because it is set to provide 
substantial protection against adverse welfare effects which

[[Page 54406]]

can include ``effects on soils, water, crops, vegetation, man-made 
materials, animals, wildlife, weather, visibility and climate, damage 
to and deterioration of property, and hazards to transportation, as 
well as effects on economic values and on personal comfort and well-
being.''
d. Acid Gas Environmental Risk Methodology
    The environmental screening assessment for acid gases evaluates the 
potential phytotoxicity and reduced productivity of plants due to 
chronic exposure to HF and HCl. The environmental risk screening 
methodology for acid gases is a single-tier screening assessment that 
compares modeled ambient air concentrations (from AERMOD) to the 
ecological benchmarks for each acid gas. To identify a potential 
adverse environmental effect (as defined in CAA section 112(a)(7) of 
the CAA) from emissions of HF and HCl, we evaluate the following 
metrics: The size of the modeled area around each facility that exceeds 
the ecological benchmark for each acid gas, in acres and km\2\; the 
percentage of the modeled area around each facility that exceeds the 
ecological benchmark for each acid gas; and the area-weighted average 
screening value around each facility (calculated by dividing the area-
weighted average concentration over the 50-km modeling domain by the 
ecological benchmark for each acid gas). For further information on the 
environmental screening assessment approach, see Appendix 9 of the 
Residual Risk Assessment for the Iron and Steel Foundries Major Source 
Category in Support of the Risk and Technology Review 2019 Proposed 
Rule, which is available in the docket for this action.
7. How do we conduct facility-wide assessments?
    To put the source category risks in context, we typically examine 
the risks from the entire ``facility,'' where the facility includes all 
HAP-emitting operations within a contiguous area and under common 
control. In other words, we examine the HAP emissions not only from the 
source category emission points of interest, but also emissions of HAP 
from all other emission sources at the facility for which we have data.
    For this source category, we conducted the facility-wide assessment 
using a dataset that the EPA compiled from the 2014 NEI. We used the 
NEI data for the facility and did not adjust any category or ``non-
category'' data. Therefore, there could be differences in the dataset 
from that used for the source category assessments described in this 
preamble. We analyzed risks due to the inhalation of HAP that are 
emitted ``facility-wide'' for the populations residing within 50 km of 
each facility, consistent with the methods used for the source category 
analysis described above. For these facility-wide risk analyses, we 
made a reasonable attempt to identify the source category risks, and 
these risks were compared to the facility-wide risks to determine the 
portion of facility-wide risks that could be attributed to the source 
category addressed in this proposal. We also specifically examined the 
facility that was associated with the highest estimate of risk and 
determined the percentage of that risk attributable to the source 
category of interest. The Residual Risk Assessment for the Iron and 
Steel Foundries Major Source Category in Support of the Risk and 
Technology Review 2019 Proposed Rule, available through the docket for 
this action, provides the methodology and results of the facility-wide 
analyses, including all facility-wide risks and the percentage of 
source category contribution to facility-wide risks.
8. How do we consider uncertainties in risk assessment?
    Uncertainty and the potential for bias are inherent in all risk 
assessments, including those performed for this proposal. Although 
uncertainty exists, we believe that our approach, which used 
conservative tools and assumptions, ensures that our decisions are 
health and environmentally protective. A brief discussion of the 
uncertainties in the RTR emissions dataset, dispersion modeling, 
inhalation exposure estimates, and dose-response relationships follows 
below. Also included are those uncertainties specific to our acute 
screening assessments, multipathway screening assessments, and our 
environmental risk screening assessments. A more thorough discussion of 
these uncertainties is included in the Residual Risk Assessment for the 
Iron and Steel Foundries Major Source Category in Support of the Risk 
and Technology Review 2019 Proposed Rule, which is available in the 
docket for this action. If a multipathway site-specific assessment was 
performed for this source category, a full discussion of the 
uncertainties associated with that assessment can be found in Appendix 
11 of that document, Site-Specific Human Health Multipathway Residual 
Risk Assessment Report.
a. Uncertainties in the RTR Emissions Dataset
    Although the development of the RTR emissions dataset involved 
quality assurance/quality control processes, the accuracy of emissions 
values will vary depending on the source of the data, the degree to 
which data are incomplete or missing, the degree to which assumptions 
made to complete the datasets are accurate, errors in emission 
estimates, and other factors. The emission estimates considered in this 
analysis generally are annual totals for certain years, and they do not 
reflect short-term fluctuations during the course of a year or 
variations from year to year. The estimates of peak hourly emission 
rates for the acute effects screening assessment were based on an 
emission adjustment factor applied to the average annual hourly 
emission rates, which are intended to account for emission fluctuations 
due to normal facility operations.
b. Uncertainties in Dispersion Modeling
    We recognize there is uncertainty in ambient concentration 
estimates associated with any model, including the EPA's recommended 
regulatory dispersion model, AERMOD. In using a model to estimate 
ambient pollutant concentrations, the user chooses certain options to 
apply. For RTR assessments, we select some model options that have the 
potential to overestimate ambient air concentrations (e.g., not 
including plume depletion or pollutant transformation). We select other 
model options that have the potential to underestimate ambient impacts 
(e.g., not including building downwash). Other options that we select 
have the potential to either under- or overestimate ambient levels 
(e.g., meteorology and receptor locations). On balance, considering the 
directional nature of the uncertainties commonly present in ambient 
concentrations estimated by dispersion models, the approach we apply in 
the RTR assessments should yield unbiased estimates of ambient HAP 
concentrations. We also note that the selection of meteorology dataset 
location could have an impact on the risk estimates. As we continue to 
update and expand our library of meteorological station data used in 
our risk assessments, we expect to reduce this variability.
c. Uncertainties in Inhalation Exposure Assessment
    Although every effort is made to identify all of the relevant 
facilities and emission points, as well as to develop accurate 
estimates of the annual

[[Page 54407]]

emission rates for all relevant HAP, the uncertainties in our emission 
inventory likely dominate the uncertainties in the exposure assessment. 
Some uncertainties in our exposure assessment include human mobility, 
using the centroid of each census block, assuming lifetime exposure, 
and assuming only outdoor exposures. For most of these factors, there 
is neither an under nor overestimate when looking at the maximum 
individual risk or the incidence, but the shape of the distribution of 
risks may be affected. With respect to outdoor exposures, actual 
exposures may not be as high if people spend time indoors, especially 
for very reactive pollutants or larger particles. For all factors, we 
reduce uncertainty when possible. For example, with respect to census-
block centroids, we analyze large blocks using aerial imagery and 
adjust locations of the block centroids to better represent the 
population in the blocks. We also add additional receptor locations 
where the population of a block is not well represented by a single 
location.
d. Uncertainties in Dose-Response Relationships
    There are uncertainties inherent in the development of the dose-
response values used in our risk assessments for cancer effects from 
chronic exposures and noncancer effects from both chronic and acute 
exposures. Some uncertainties are generally expressed quantitatively, 
and others are generally expressed in qualitative terms. We note, as a 
preface to this discussion, a point on dose-response uncertainty that 
is stated in the EPA's 2005 Guidelines for Carcinogen Risk Assessment; 
namely, that ``the primary goal of EPA actions is protection of human 
health; accordingly, as an Agency policy, risk assessment procedures, 
including default options that are used in the absence of scientific 
data to the contrary, should be health protective'' (the EPA's 2005 
Guidelines for Carcinogen Risk Assessment, page 1-7). This is the 
approach followed here as summarized in the next paragraphs.
    Cancer UREs used in our risk assessments are those that have been 
developed to generally provide an upper bound estimate of risk.\17\ 
That is, they represent a ``plausible upper limit to the true value of 
a quantity'' (although this is usually not a true statistical 
confidence limit). In some circumstances, the true risk could be as low 
as zero; however, in other circumstances the risk could be greater.\18\ 
Chronic noncancer RfC and reference dose (RfD) values represent chronic 
exposure levels that are intended to be health-protective levels. To 
derive dose-response values that are intended to be ``without 
appreciable risk,'' the methodology relies upon an uncertainty factor 
(UF) approach,\19\ which considers uncertainty, variability, and gaps 
in the available data. The UFs are applied to derive dose-response 
values that are intended to protect against appreciable risk of 
deleterious effects.
---------------------------------------------------------------------------

    \17\ IRIS glossary (https://ofmpub.epa.gov/sor_internet/registry/termreg/searchandretrieve/glossariesandkeywordlists/search.do?details=&glossaryName=IRIS%20Glossary).
    \18\ An exception to this is the URE for benzene, which is 
considered to cover a range of values, each end of which is 
considered to be equally plausible, and which is based on maximum 
likelihood estimates.
    \19\ See A Review of the Reference Dose and Reference 
Concentration Processes, U.S. EPA, December 2002, and Methods for 
Derivation of Inhalation Reference Concentrations and Application of 
Inhalation Dosimetry, U.S. EPA, 1994.
---------------------------------------------------------------------------

    Many of the UFs used to account for variability and uncertainty in 
the development of acute dose-response values are quite similar to 
those developed for chronic durations. Additional adjustments are often 
applied to account for uncertainty in extrapolation from observations 
at one exposure duration (e.g., 4 hours) to derive an acute dose-
response value at another exposure duration (e.g., 1 hour). Not all 
acute dose-response values are developed for the same purpose, and care 
must be taken when interpreting the results of an acute assessment of 
human health effects relative to the dose-response value or values 
being exceeded. Where relevant to the estimated exposures, the lack of 
acute dose-response values at different levels of severity should be 
factored into the risk characterization as potential uncertainties.
    Uncertainty also exists in the selection of ecological benchmarks 
for the environmental risk screening assessment. We established a 
hierarchy of preferred benchmark sources to allow selection of 
benchmarks for each environmental HAP at each ecological assessment 
endpoint. We searched for benchmarks for three effect levels (i.e., no-
effects level, threshold-effect level, and probable effect level), but 
not all combinations of ecological assessment/environmental HAP had 
benchmarks for all three effect levels. Where multiple effect levels 
were available for a particular HAP and assessment endpoint, we used 
all of the available effect levels to help us determine whether risk 
exists and whether the risk could be considered significant and 
widespread.
    Although we make every effort to identify appropriate human health 
effect dose-response values for all pollutants emitted by the sources 
in this risk assessment, some HAP emitted by this source category are 
lacking dose-response assessments. Accordingly, these pollutants cannot 
be included in the quantitative risk assessment, which could result in 
quantitative estimates understating HAP risk. To help to alleviate this 
potential underestimate, where we conclude similarity with a HAP for 
which a dose-response value is available, we use that value as a 
surrogate for the assessment of the HAP for which no value is 
available. To the extent use of surrogates indicates appreciable risk, 
we may identify a need to increase priority for an IRIS assessment for 
that substance. We additionally note that, generally speaking, HAP of 
greatest concern due to environmental exposures and hazard are those 
for which dose-response assessments have been performed, reducing the 
likelihood of understating risk. Further, HAP not included in the 
quantitative assessment are assessed qualitatively and considered in 
the risk characterization that informs the risk management decisions, 
including consideration of HAP reductions achieved by various control 
options.
    For a group of compounds that are unspeciated (e.g., glycol 
ethers), we conservatively use the most protective dose-response value 
of an individual compound in that group to estimate risk. Similarly, 
for an individual compound in a group (e.g., ethylene glycol diethyl 
ether) that does not have a specified dose-response value, we also 
apply the most protective dose-response value from the other compounds 
in the group to estimate risk.
e. Uncertainties in Acute Inhalation Screening Assessments
    In addition to the uncertainties highlighted above, there are 
several factors specific to the acute exposure assessment that the EPA 
conducts as part of the risk review under CAA section 112 of the CAA. 
The accuracy of an acute inhalation exposure assessment depends on the 
simultaneous occurrence of independent factors that may vary greatly, 
such as hourly emissions rates, meteorology, and the presence of a 
person. In the acute screening assessment that we conduct under the RTR 
program, we assume that peak emissions from the source category and 
reasonable worst-case air dispersion conditions (i.e., 99th percentile) 
co-occur. We then include the additional

[[Page 54408]]

assumption that a person is located at this point at the same time. 
Together, these assumptions represent a reasonable worst-case exposure 
scenario. In most cases, as it is unlikely that a person would be 
located at the point of maximum exposure during the time when peak 
emissions and reasonable worst-case air dispersion conditions occur 
simultaneously.
f. Uncertainties in the Multipathway and Environmental Risk Screening 
Assessments
    For each source category, we generally rely on site-specific levels 
of PB-HAP or environmental HAP emissions to determine whether a refined 
assessment of the impacts from multipathway exposures is necessary or 
whether it is necessary to perform an environmental screening 
assessment. This determination is based on the results of a three-
tiered screening assessment that relies on the outputs from models--
TRIM.FaTE and AERMOD--that estimate environmental pollutant 
concentrations and human exposures for five PB-HAP (dioxins, POM, 
mercury, cadmium, and arsenic) and two acid gases (HF and HCl). For 
lead, we use AERMOD to determine ambient air concentrations, which are 
then compared to the secondary NAAQS standard for lead. Two important 
types of uncertainty associated with the use of these models in RTR 
risk assessments and inherent to any assessment that relies on 
environmental modeling are model uncertainty and input uncertainty.\20\
---------------------------------------------------------------------------

    \20\ In the context of this discussion, the term ``uncertainty'' 
as it pertains to exposure and risk encompasses both variability in 
the range of expected inputs and screening results due to existing 
spatial, temporal, and other factors, as well as uncertainty in 
being able to accurately estimate the true result.
---------------------------------------------------------------------------

    Model uncertainty concerns whether the model adequately represents 
the actual processes (e.g., movement and accumulation) that might occur 
in the environment. For example, does the model adequately describe the 
movement of a pollutant through the soil? This type of uncertainty is 
difficult to quantify. However, based on feedback received from 
previous EPA SAB reviews and other reviews, we are confident that the 
models used in the screening assessments are appropriate and state-of-
the-art for the multipathway and environmental screening risk 
assessments conducted in support of RTR.
    Input uncertainty is concerned with how accurately the models have 
been configured and parameterized for the assessment at hand. For Tier 
1 of the multipathway and environmental screening assessments, we 
configured the models to avoid underestimating exposure and risk. This 
was accomplished by selecting upper-end values from nationally 
representative datasets for the more influential parameters in the 
environmental model, including selection and spatial configuration of 
the area of interest, lake location and size, meteorology, surface 
water, soil characteristics, and structure of the aquatic food web. We 
also assume an ingestion exposure scenario and values for human 
exposure factors that represent reasonable maximum exposures.
    In Tier 2 of the multipathway and environmental screening 
assessments, we refine the model inputs to account for meteorological 
patterns in the vicinity of the facility versus using upper-end 
national values, and we identify the actual location of lakes near the 
facility rather than the default lake location that we apply in Tier 1. 
By refining the screening approach in Tier 2 to account for local 
geographical and meteorological data, we decrease the likelihood that 
concentrations in environmental media are overestimated, thereby 
increasing the usefulness of the screening assessment. In Tier 3 of the 
screening assessments, we refine the model inputs again to account for 
hour-by-hour plume-rise and the height of the mixing layer. We can also 
use those hour-by-hour meteorological data in a TRIM.FaTE run using the 
screening configuration corresponding to the lake location. These 
refinements produce a more accurate estimate of chemical concentrations 
in the media of interest, thereby reducing the uncertainty with those 
estimates. The assumptions and the associated uncertainties regarding 
the selected ingestion exposure scenario are the same for all three 
tiers.
    For the environmental screening assessment for acid gases, we 
employ a single-tiered approach. We use the modeled air concentrations 
and compare those with ecological benchmarks. For all tiers of the 
multipathway and environmental screening assessments, our approach to 
addressing model input uncertainty is generally cautious. We choose 
model inputs from the upper end of the range of possible values for the 
influential parameters used in the models, and we assume that the 
exposed individual exhibits ingestion behavior that would lead to a 
high total exposure. This approach reduces the likelihood of not 
identifying high risks for adverse impacts.
    Despite the uncertainties, when individual pollutants or facilities 
do not exceed screening threshold emission rates (i.e., screen out), we 
are confident that the potential for adverse multipathway impacts on 
human health is very low. On the other hand, when individual pollutants 
or facilities do exceed screening threshold emission rates, it does not 
mean that impacts are significant, only that we cannot rule out that 
possibility and that a refined assessment for the site might be 
necessary to obtain a more accurate risk characterization for the 
source category.
    The EPA evaluates the following HAP in the multipathway and/or 
environmental risk screening assessments, where applicable: Arsenic, 
cadmium, dioxins/furans, lead, mercury (both inorganic and methyl 
mercury), POM, HCl, and HF. These HAP represent pollutants that can 
cause adverse impacts either through direct exposure to HAP in the air 
or through exposure to HAP that are deposited from the air onto soils 
and surface waters and then through the environment into the food web. 
These HAP represent those HAP for which we can conduct a meaningful 
multipathway or environmental screening risk assessment. For other HAP 
not included in our screening assessments, the model has not been 
parameterized such that it can be used for that purpose. In some cases, 
depending on the HAP, we may not have appropriate multipathway models 
that allow us to predict the concentration of that pollutant. The EPA 
acknowledges that other HAP beyond these that we are evaluating may 
have the potential to cause adverse effects and, therefore, the EPA may 
evaluate other relevant HAP in the future, as modeling science and 
resources allow.

IV. Analytical Results and Proposed Decisions

A. What are the results of the risk assessment and analyses?

1. Chronic Inhalation Risk Assessment Results
    The EPA completed an inhalation risk assessment for the major 
source Iron and Steel Foundries source category. Table 2 of this 
preamble provides a summary of the results of the inhalation risk 
assessment for the major source category. More detailed information on 
the risk assessment can be found in the risk document titled Residual 
Risk Assessment for the Iron and Steel Foundries Major Source Category 
in

[[Page 54409]]

Support of the Risk and Technology Review 2019 Proposed Rule, available 
in the docket for this rule.

                                 Table 2--Iron and Steel Foundries Inhalation Risk Assessment Results for Major Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Maximum individual  Population at increased risk of cancer     Annual cancer      Maximum chronic     Maximum Screening Acute
                           cancer risk (in-1  ----------------------------------------  incidence (cases     noncancer TOSHI     Noncancer HQ \4\ based
                           million) \2\ based                                          per year) based on     based on . . .            on . . .
Number of facilities \1\        on . . .                                                      . . .       ----------------------------------------------
                         ---------------------  >=1-in-1 million    >=10-in-1 million --------------------
                            Actual/allowable                                            Actual/allowable     Actual/allowable       Actual emissions
                             emissions \3\                                                  emissions           emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
45......................  50 (naphthalene,               144,000               6,900                0.02   0.5 (spleen;         1 (arsenic).
                           benzene).                                                                        aniline).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Number of major source facilities evaluated in the risk analysis.
\2\ Maximum individual excess lifetime cancer risk due to HAP emissions from the source category.
\3\ Actual and allowable emissions are the same for this source category.
\4\ Arsenic REL. The maximum estimated acute exposure concentration was divided by available short-term dose-response values to develop an array of HQ
  values. HQ values shown use the lowest available acute dose-response value, which in most cases is the REL. When an HQ exceeds 1, we also show the HQ
  using the next lowest available acute dose-response value.

    The assessment of inhalation risk from exposure to actual emissions 
estimates that the increased risk of cancer for the individual most 
exposed to emissions from the source category (the MIR) is 50-in-1 
million, primarily driven by naphthalene from steel foundries mold and 
core making processes and benzene from steel foundries pouring, 
cooling, and shakeout processes. The second highest risk facility in 
the source category has an estimated maximum risk of slightly less than 
50-in-1 million, driven by PAHs and napthalene from iron foundries 
pouring, cooling, and shakeout processes. The estimated maximum risk 
attributable to emissions of metal HAP (e.g., chromium and nickel) is 
30-in-1 million. In total, eight facilities are predicted to pose 
cancer risk greater than or equal to 10-in-1 million. The total 
estimated cancer incidence due to emissions from this source category 
is 0.02 excess cancer cases per year, or one excess case about every 50 
years. About 144,000 people are estimated to have cancer risks at or 
above 1-in-1 million from HAP emitted from the sources in this source 
category, with 6,900 of those people estimated to have cancer risks 
greater than or equal to 10-in-1 million. The estimated maximum chronic 
noncancer TOSHI due to the sources in the source category is 0.5 
(spleen) driven by emissions of aniline compounds from iron foundries 
metal melting processes. No individual would have exposures resulting 
in a TOSHI at or above 1. See the risk background document referenced 
above for details of these analyses.
2. Screening Level Acute Risk Assessment Results
    Table 2 of this preamble provides the results of the acute 
inhalation analysis. Based on actual baseline emissions, the highest 
refined screening acute HQ is estimated to be 1 (based on the acute REL 
for arsenic compounds from two facilities). The methodology for 
conducting the acute assessment included refining the analysis to 
ensure that the highest acute exposure was outside facility boundaries. 
No facilities are estimated to have an acute HQ based on an REL, AEGL, 
or an EPRG greater than 1. By definition, the acute REL represents a 
health-protective level of exposure, with effects not anticipated below 
those levels, even for repeated exposures.
3. Multipathway Risk Screening and Site-Specific Assessments Results
    The PB-HAP emitted by facilities in this source category include 
POM (of which PAH is a subset), lead compounds, mercury compounds, 
cadmium compounds and arsenic compounds. To identify potential 
multipathway health risks from PB-HAP other than lead, we first 
performed a tiered screening assessment based on emissions of PB-HAP 
emitted from each facility in the source category.
    Of the 45 facilities in the source category, 23 facilities reported 
emissions of carcinogenic PB-HAP (arsenic and POM), and 21 facilities 
reported emissions of non-carcinogenic PB-HAP (cadmium and mercury). 
Three facilities' emission rates of POM exceeded the Tier 1 screening 
threshold emission rate by up to a factor of 780. Twelve facilities' 
emission rates of arsenic exceeded the Tier 1 screening threshold 
emission rate by up to a factor of 24. For the non-carcinogens, mercury 
was emitted at rates that exceeded the Tier 1 screening threshold 
emission rate at nine facilities, with the maximum exceedance by a 
factor of 110. Two facilities exceeded the Tier 1 screening threshold 
emission rate for cadmium, with the maximum exceedance by a factor of 
5.
    For the PB-HAP and facilities that exceeded the Tier 1 multipathway 
screening threshold emission rate, we used facility site-specific 
information to refine some of the assumptions associated with the local 
area around the facilities. While maintaining the exposure assumptions, 
we refined the scenario to examine a subsistence fisher and a gardener 
separately to develop a Tier 2 screening threshold emission rate. As 
described in section III.C.4 of this preamble, the ratio of a 
facility's actual emission rate to the screening threshold emission 
rate is referred to as a ``screening value.'' The result of this 
assessment was the development of site-specific Tier 2 emission 
screening values for each of the PB-HAP. Based on this Tier 2 screening 
assessment, POM emissions exceeded the cancer screening threshold 
emission rate values at two facilities, with maximum Tier 2 screening 
value of 14 for the fisher scenario and a screening value of 19 for the 
gardener scenario. One facility had a Tier 2 cancer screening value for 
arsenic of 4. For mercury, seven facilities' emissions exceeded the 
Tier 2 screening threshold emission rate, with the maximum screening 
value of 14. No facility exceeded the Tier 2 screening threshold 
emission rate for cadmium. A Tier 3 multipathway screening analysis was 
not conducted for this source category. Instead, as noted below, a 
site-specific refined analysis was performed.
    An exceedance of a screening threshold emissions rate (i.e., a 
screening value greater than 1) in any of the tiers cannot be equated 
with a cancer risk or a noncancer HQ (or HI). Rather, because of the 
conservative, or health-protective, assumptions incorporated into the 
screening analyses, a screening value represents a

[[Page 54410]]

high-end estimate of what the cancer risk or HQ may be. We choose 
inputs from the upper end of the range of possible values for the 
influential parameters used in the screening tiers; and we assume that 
the exposed individual exhibits ingestion behavior that would lead to a 
high total exposure.
    When tiered screening values for any facility indicate a potential 
health risk of concern to the public, we may conduct a more refined 
multipathway assessment. A refined or site-specific assessment replaces 
many of the assumptions made in the screening assessment with site-
specific information. For this source category, we conducted a site-
specific multipathway assessment for one of the facilities based upon 
their mercury emissions. To select the candidate facility for the site-
specific assessment, we examined the facilities with the highest Tier 2 
mercury screening values and assessed other site-specific information. 
Considering this information, the Cadillac Casting Inc. facility in 
Cadillac, Michigan, was selected. We expect that the exposures we 
assessed for this facility would be among the highest and therefore be 
representative of the highest potential multipathway risk for the 
source category.
    The site-specific multipathway analysis for mercury estimated a 
maximum noncancer HQ of 0.05 from fish ingestion under a scenario where 
an adult female angler is consuming fish at the 99th percentile 
ingestion rate for a subsistence fisherman. The protocol for developing 
the refined site-specific multipathway assessment, input data, 
assumptions, and detailed results are presented in the risk document 
titled Residual Risk Assessment for the Iron and Steel Foundries Major 
Source Category in Support of the Risk and Technology Review 2019 
Proposed Rule, available in the docket for this action.
    In evaluating the potential for multipathway risk from emissions of 
lead, we compared modeled annual lead concentrations to the primary 
NAAQS for lead (0.15 [micro]g/m\3\). The highest annual lead 
concentration of 0.04 [micro]g/m\3\ is well below the NAAQS for lead, 
indicating low potential for multipathway risk of concern due to lead 
emissions.
4. Environmental Risk Screening Results
    As described in section III.C of this document, we conducted an 
environmental risk screening assessment for the Iron and Steel 
Foundries major source category for the following pollutants: Arsenic, 
cadmium, HCl, HF, lead, mercury (methyl mercury and mercuric chloride), 
and POM.
    In the Tier 1 screening analysis for PB-HAP (other than lead, which 
was evaluated differently), arsenic and dioxins/furans emissions had no 
Tier 1 exceedances for any ecological benchmark. Cadmium emissions at 
one facility had Tier 1 exceedances for the surface soil no-observed-
adverse-effect-level (NOAEL) (mammalian insectivores) benchmark by a 
maximum factor of 2. Divalent mercury emissions at eight facilities had 
Tier 1 exceedances for the surface soil threshold level (invertebrate 
and plant communities) and the sediment threshold level by a maximum 
factor of 50. Methyl mercury at 10 facilities had Tier 1 exceedances 
for the surface soil NOAEL (avian ground insectivores and mammalian 
insectivores), fish NOAEL (avian piscivores), and fish geometric-
maximum-allowable-toxicant-level (GMATL) (avian piscivores) by a 
maximum factor of 80. The POM emissions at two facilities had Tier 1 
exceedances for the sediment no-effect level, sediment threshold level, 
water-column community threshold level, and surface soil NOAEL 
(mammalian insectivores) benchmarks by a maximum factor of 50.
    A Tier 2 screening assessment was performed for cadmium, divalent 
mercury, methyl mercury, and POM. Cadmium, divalent mercury, and methyl 
mercury had no Tier 2 exceedances of any ecological benchmark. POM 
emissions at one facility had Tier 2 exceedances of a sediment 
community no-effect level benchmark by a maximum factor of 5. This 
exceedance was identified for Brinker Lake in Waterloo, Iowa. Upon 
further evaluation, we found that over half of Brinker Lake is highly 
disturbed by a sand and gravel dredge mining operation. Therefore, any 
impact to natural lake sediments and sediment communities from the POM 
emissions would be minimal in this highly disturbed lake. We looked at 
the lake with the next highest exceedance from POM emissions, which is 
a lake just to the west of Brinker Lake named George Wythe Lake; this 
lake also had an exceedance of the screening value by a factor of 5 for 
POM for a sediment community no-effect level benchmark. No other POM 
benchmarks were exceeded for POM emissions in Tier 2. Specifically, 
none of the other POM sediment community benchmarks were exceeded, 
including the threshold level and the probable-effect level. In 
addition, no other POM no-effect level evaluated (mammalian piscivores 
and mammalian insectivores) was exceeded. Therefore, we do not expect 
an adverse environmental effect as a result of the POM emissions.
    For lead, we did not estimate any exceedances of the secondary lead 
NAAQS.
    For HCl and HF, the average modeled concentration around each 
facility (i.e., the average concentration of all off-site data points 
in the modeling domain) did not exceed any ecological benchmark. In 
addition, each individual modeled concentration of HCl and HF (i.e., 
each off-site data point in the modeling domain) was below the 
ecological benchmarks for all facilities.
5. Facility-Wide Risk Results
    Based on facility-wide emissions, the estimated inhalation cancer 
MIR is 60-in-1 million, mainly driven by the Iron and Steel Foundries 
major source category, specifically by naphthalene and benzene from 
steel foundries mold and core making processes and by benzene from 
steel foundries pouring, cooling, and shakeout processes. The total 
estimated cancer incidence from the facility-wide analysis is 0.02 
excess cancer cases per year, or one excess case every 50 years. 
Approximately 164,000 people were estimated to have cancer risks at or 
above 1-in-1 million, and 7,200 of these people were estimated to have 
cancer risks at or above 10-in-1 million, from exposure to HAP emitted 
from sources that are part of the Iron and Steel Foundries major source 
category and sources that are not part of the source category. The 
maximum facility-wide TOSHI (neurological) is estimated to be 0.9, 
mainly driven by emissions of lead and manganese compound emissions 
from non-category fugitive sources. Emissions from non-category sources 
are described in the document titled Residual Risk Assessment for the 
Iron and Steel Foundries Major Source Category in Support of the Risk 
and Technology Review 2019 Proposed Rule, available in the docket for 
this action.
6. What demographic groups might benefit from this regulation?
    To examine the potential for any environmental justice issues that 
might be associated with the source category, we performed a 
demographic analysis, which is an assessment of risks to individual 
demographic groups of the populations living within 5 km and within 50 
km of the facilities. In the analysis, we evaluated the distribution of 
HAP-related cancer and noncancer risks from the Iron and Steel 
Foundries source category across different

[[Page 54411]]

demographic groups within the populations living near facilities.\21\
---------------------------------------------------------------------------

    \21\ Demographic groups included in the analysis are: White, 
African American, Native American, other races and multiracial, 
Hispanic or Latino, children 17 years of age and under, adults 18 to 
64 years of age, adults 65 years of age and over, adults without a 
high school diploma, people living below the poverty level, people 
living two times the poverty level, and linguistically isolated 
people.
---------------------------------------------------------------------------

    The results of the demographic analysis are summarized in Table 3 
below. These results, for various demographic groups, are based on the 
estimated risk from actual emissions for the population living within 
50 km of the facilities.

                       Table 3--Iron and Steel Foundries Demographic Risk Analysis Results
----------------------------------------------------------------------------------------------------------------
                                                                            Population with
                                                                           cancer risk at or    Population with
                                                                             above 1-in-1      chronic HI at or
                        Item                              Nationwide        million due to      above 1 due to
                                                                            iron and steel      iron and steel
                                                                               foundries           foundries
----------------------------------------------------------------------------------------------------------------
Total Population....................................        317,746,049             144,053                   0
----------------------------------------------------------------------------------------------------------------
                                          White and Minority by Percent
----------------------------------------------------------------------------------------------------------------
White...............................................                 62                  66                   0
Minority............................................                 38                  34                   0
----------------------------------------------------------------------------------------------------------------
                                               Minority by Percent
----------------------------------------------------------------------------------------------------------------
African American....................................                 12                  16                   0
Native American.....................................                0.8                 0.2                   0
Hispanic or Latino includes white and nonwhite).....                 18                  15                   0
Other and Multiracial...............................                  7                   4                   0
----------------------------------------------------------------------------------------------------------------
                                                Income by Percent
----------------------------------------------------------------------------------------------------------------
Below Poverty Level.................................                 14                  20                   0
Above Poverty Level.................................                 86                  80                   0
----------------------------------------------------------------------------------------------------------------
                                              Education by Percent
----------------------------------------------------------------------------------------------------------------
Over 25 and without High School Diploma.............                 14                  19                   0
Over 25 and with a High School Diploma..............                 86                  81                   0
----------------------------------------------------------------------------------------------------------------
                                       Linguistically Isolated by Percent
----------------------------------------------------------------------------------------------------------------
Linguistically Isolated.............................                  6                   4                   0
----------------------------------------------------------------------------------------------------------------

    The results of the Iron and Steel Foundries major source category 
demographic analysis indicate that emissions from the source category 
expose approximately 144,000 people to a cancer risk at or above 1-in-1 
million and zero people to a chronic noncancer HI greater than or equal 
to 1. The African American population exposed to a cancer risk at or 
above 1-in-1 million due to iron and steel foundries emissions is 4 
percent above the national average. Likewise, populations living 
``Below Poverty Level'' and ``Over 25 and without High School Diploma'' 
are exposed to cancer risk above 1-in-1 million, 6 and 4 percent above 
the national average, respectively. The percentages of the at-risk 
population in other demographic groups are similar to or lower than 
their respective nationwide percentages.
    The methodology and the results of the demographic analysis are 
presented in a technical report, Risk and Technology Review--Analysis 
of Demographic Factors for Populations Living Near Iron and Steel 
Foundries, available in the docket for this action.

B. What are our proposed decisions regarding risk acceptability, ample 
margin of safety, and adverse environmental effect?

1. Risk Acceptability
    As noted in section II.A of this preamble, the EPA sets standards 
under CAA section 112(f)(2) using ``a two-step standard-setting 
approach, with an analytical first step to determine an `acceptable 
risk' that considers all health information, including risk estimation 
uncertainty, and includes a presumptive limit on MIR of approximately 
1-in-10 thousand'' (54 FR 38045, September 14, 1989). For the Iron and 
Steel Foundries major source category, the risk analysis estimates that 
the maximum cancer risk to the individual most exposed is 50-in-1 
million due to actual emissions or allowable emissions. This risk is 
less than 100-in-1 million, which is the presumptive upper limit of 
acceptable risk. The estimated incidence of cancer due to inhalation 
exposures for the source category is 0.02 excess cancer cases per year, 
or one excess case every 50 years. We estimate that approximately 
144,000 people face an increased cancer risk greater than or equal to 
1-in-1 million due to inhalation exposure to HAP emissions from this 
source category. The Agency estimates that the maximum chronic 
noncancer TOSHI from inhalation exposure, 0.5 (spleen), is less than 1. 
The screening assessment of worst-case acute inhalation impacts 
estimates a maximum acute HQ of 1 (due to arsenic) based on the REL. 
With regard to multipathway human health risks, we estimate the maximum 
cancer risk for the highest exposed individual is 20-in-1 million (due 
to POM) and the maximum noncancer chronic HI is less than 1 for all the 
PB-HAP.

[[Page 54412]]

    Considering all of the health risk information and factors 
discussed above, the EPA proposes that the risks are acceptable. The 
estimated cancer risks are below the presumptive limit of 
acceptability, and the noncancer risk results indicate there is minimal 
likelihood of adverse noncancer health effects due to HAP emissions 
from this source category.
2. Ample Margin of Safety Analysis
    Under the ample margin of safety analysis, we evaluated the cost 
and feasibility of available control technologies and other measures 
(including the controls, measures, and costs reviewed under the 
technology review) that could be applied to further reduce the risks 
(or potential risks) due to emissions of HAP from the source category. 
In this analysis, we considered the results of the technology review, 
risk assessment, and other aspects of our MACT rule review to determine 
whether there are any controls or other measures that would reduce risk 
further and would be required to provide an ample margin of safety to 
protect public health.
    Our risk analysis estimates that the maximum individual cancer risk 
is 50-in-1 million from the Iron and Steel Foundries major source 
category and that 144,000 people may be exposed to cancer risk 
exceeding 1-in-1 million. Therefore, we evaluated the sources and HAP 
that contribute most to these risks and assessed control options that 
would result in reducing these cancer risks. Based on our analysis, 
these cancer risks are driven largely by naphthalene, benzene, and PAH 
emissions from PCS lines and by naphthalene emissions from mold and 
core making operations. However, HAP metals also pose cancer risks, as 
described below.
    With regard to organic HAP, three potential emission reduction 
measures were identified: Low-emitting binder formulations, carbon 
adsorption, and thermal oxidizers. In addition, one potential emission 
reduction measure for metal HAP was identified: Capture systems 
combined with a particulate control device (e.g., scrubber or 
baghouse). Our evaluation of these emission reduction options are 
discussed below.
a. Low-Emitting Binder Formulations for Organic HAP Emissions Reduction
    Low-emitting or ``green'' binder formulations may include inorganic 
binder formulations or organic binder formulations with reduced levels 
of HAP and/or total organics. Reduced organic HAP content in the 
chemical binders leads to reductions in organic HAP emissions from the 
mold and core making operations. Organic HAP emissions from PCS lines 
are impacted by both the HAP content of the binders and the total 
organic content of the binders available for pyrolysis when exposed to 
molten metal. Therefore, a binder system with low HAP content but with 
a high overall organic content may still have substantial emissions 
during the PCS process. Thus, there are some difficulties determining 
whether an organic binder system is ``low emitting,'' and testing 
generally would be needed to ensure an alternative organic binder 
system would reduce emissions for the facility when considering mold 
and core making and PCS emissions combined. Inorganic binder systems, 
on the other hand, are generally effective at reducing HAP emissions 
from both mold and core making operations and PCS lines and may be 
considered ``low-emitting'' with limited or no additional testing. 
However, inorganic binder systems may not be practical or feasible in 
some applications.
    Different binder systems exist because of their different 
properties and capabilities. The size, shape, and tolerance of the 
castings, the production volume, and the environmental conditions 
(temperature and humidity) must all be considered when selecting a 
binder system. Some binder formulations may have poor performance when 
the humidity is high; some may be negatively impacted by high or low 
ambient temperatures; some may not have the strength needed for large 
castings, while others may be too durable, making them difficult to 
separate from the metal castings (increasing shakeout times). Based on 
the myriad of conditions impacting binder selection, there is no single 
binder system that will work in all applications, and we cannot 
determine if a low-emitting binder alternative is available for all 
applications. As such, we conclude that it would be inappropriate to 
propose a national emissions standard requiring the use of low-emitting 
binder systems. We recognize that some facilities may be able to meet 
tighter organic HAP emission limits, if established, using low-emitting 
binder systems; however, there would likely be cases where low-emitting 
binder systems could not meet production performance requirements and, 
therefore, other control options might be needed. Therefore, we are not 
proposing any requirements based on use of binders to reduce emissions. 
However, we solicit comments and data on the potential use of low 
emitting binders to reduce organic HAP emissions and whether any such 
requirement should be considered for the Iron and Steel Foundries 
NESHAP.
b. Carbon Adsorption and Thermal Oxidizers for Organic HAP Emissions 
Reduction
    Carbon adsorption and thermal oxidizers are both add-on control 
measures for organic HAP that we identified and considered for control 
of PCS lines during the development of the MACT standard for major 
source iron and steel foundries (67 FR 78292). These control systems 
are also applicable to mold and core making operations, and we expect 
that the design and performance of these controls when applied to mold 
and core making operations would be similar to that for PCS lines. The 
control efficiency for a carbon adsorption system is typically 90 to 95 
percent, while thermal oxidizers typically achieve 98 percent or higher 
destruction efficiencies. However, at low concentrations, the control 
efficiency of the system generally declines, and the EPA has a long 
history of establishing an alternative organic concentration limit of 
20 parts per million by volume (ppmv) to address cases of low inlet 
concentrations. Based on the low organic HAP concentrations observed in 
measured emissions from well-captured PCS lines, the EPA established a 
volatile organic HAP limit of 20 ppmv in the original NESHAP for 
automated conveyor and pallet cooling lines and automated shakeout 
lines for new iron and steel foundries that use a sand mold system [40 
CFR 63.7690(a)(10)] and did not provide a control efficiency 
alternative. Note that this control system is for sources at new iron 
and steel foundries where close capture hooding systems can be 
integrated into the foundry design. If capture systems are not present 
and need to be added to control emissions from existing mold and core 
making or PCS lines, we expect the hooding system will be less enclosed 
and require more ventilation air to capture the emissions. 
Consequently, the inlet organic HAP concentrations are expected to be 
less than 100 ppmv going into the control device, which is considered a 
relatively low inlet concentration for these types of control devices.
    We reviewed the 2014 NEI data and developed aggregate organic HAP 
emission estimates for each foundry from their mold and core making and 
PCS lines. We estimated that total volatile organic compound (VOC) 
emissions were approximately 1.5 times the organic HAP emissions. We 
then

[[Page 54413]]

developed four differently sized model control systems to span the 
range of emissions observed in the NEI data. In this screening 
analysis, we developed a single control system for the aggregate 
emissions from mold and core making and PCS lines. In practice, these 
emission sources may be a large distance apart, and it may not be 
practical to employ a single control system for the aggregate 
emissions. However, for a screening assessment, we conclude this 
assumption represents the most cost-effective control scenario. If the 
cost for the aggregate control system is determined to be not cost 
effective under this scenario, we can conclude with confidence that 
separate control systems for mold and core making and PCS lines would 
also not be cost effective.
    The capital investment and total annualized costs for four 
differently sized carbon adsorption and thermal oxidizer control 
systems (both recuperative and regenerative) were developed using the 
recently updated chapters of the EPA Air Pollution Control Cost 
Manual.22 23 24 These model plant control systems were 
assigned to each major source iron and steel foundry based on their 
reported 2014 NEI emissions. The emission reductions for each facility 
were estimated assuming the carbon adsorption system would achieve 90-
percent control efficiency and that the thermal oxidizer would achieve 
greater than 99-percent control efficiency. Based on the inlet 
concentrations expected, particularly for a retrofit control system 
where close capture hooding may not be feasible, the assumed emission 
reductions serve as an upper-range estimate. It is likely that the 
exhaust concentration of organic HAP would be less than 100 ppmv, so 
that meeting the 20-ppmv emissions limit in the current NESHAP would 
only require 80- percent, or less, emissions reduction. Nonetheless, we 
assumed an upper-range emission reduction for this analysis because 
this assumption would yield lower cost-effectiveness values. If the 
control system is not cost effective using these upper-range emission 
reduction estimates, we can conclude that the control systems for mold 
and core making and PCS lines would not be cost effective when applied 
to the actual facilities, which are expected to have low inlet organic 
HAP concentrations and likely lower required control efficiencies.
---------------------------------------------------------------------------

    \22\ Carbon Adsorbers. Section 3.1, Chapter 1 as revised for the 
7th Edition of EPA Air Pollution Control Cost Manual. October 2018. 
Available at: https://www.epa.gov/sites/production/files/2018-10/documents/final_carbonadsorberschapter_7thedition.pdf.
    \23\ Incinerators and Oxidizers. Section 3.2, Chapter 2 as 
revised for the 7th Edition of EPA Air Pollution Control Cost 
Manual. November 2017. Available at: https://www.epa.gov/sites/production/files/2017-12/documents/oxidizersincinerators_chapter2_7theditionfinal.pdf.
    \24\ All costs provided in this section are in 2017 dollars.
---------------------------------------------------------------------------

    Our analysis indicated that the cost effectiveness, measured in 
dollars per ton, was significantly lower for the carbon adsorption 
control system compared to both the recuperative and regenerative 
thermal oxidizer control systems. The nationwide total capital 
investment for carbon adsorption control systems was estimated to be 
$27 million spread across 25 facilities which reported organic HAP 
emissions from these sources.\25\ The nationwide total capital 
investment for recuperative thermal oxidizer control systems was 
similar, estimated to be $30 million for the 25 facilities. However, 
the total annualized costs (including capital recovery) for the thermal 
oxidizer system are about 3 times that of the carbon adsorption system 
($17 million versus $5.8 million) due to higher variable operating and 
maintenance costs. Specifically, the low organic concentrations in the 
exhaust stream to be controlled require high consumption rates of 
auxiliary fuel to maintain appropriate combustion temperatures for the 
recuperative thermal oxidizer system. In contrast, a regenerative 
thermal oxidizer system has better thermal efficiencies and can reduce 
the total annualized costs to $12 million, but requires a total capital 
investment of $70 million. Consequently, since emissions reductions 
were assumed to be similar for any of these control systems, the 
average cost effectiveness of carbon adsorption control systems 
($12,700 per ton of organic HAP removed) was estimated to be 
significantly lower than for either recuperative or regenerative 
thermal oxidizer control systems ($26,000 to $37,000 per ton). For more 
detail regarding the cost estimates, see Control Cost Estimates for 
Organic HAP Emissions from Iron and Steel Foundries (Docket ID No. EPA-
HQ-OAR-2019-0373).
---------------------------------------------------------------------------

    \25\ The other 20 major source facilities in our dataset did not 
report any emissions of organic HAP from these processes. Therefore, 
we assumed those 20 facilities could comply with this control option 
without additional costs.
---------------------------------------------------------------------------

    With regard to risk reductions, we estimate that application of 
carbon adsorption requirements to the source category would reduce the 
MIR from 50-in-1 million to 30-in-1 million, the number of people with 
risks >= 10-in-1 million would be reduced from 6,900 to 400, and the 
number of people with risks >= 1-in-1 million would be reduced from 
144,000 to 42,000. Under this control scenario the primary remaining 
risk drivers would be HAP metals since the organic HAP would be reduced 
significantly by the carbon adsorption systems.
    Based on our analysis, we propose to conclude that these control 
systems are not cost effective for this source category for the 
following reasons. First, our estimated control costs, which represent 
a best-case (i.e., most cost effective) scenario, are relatively high 
while the reductions in risks that would be achieved by those controls 
are moderate. In addition, a number of facilities are small businesses, 
and we estimate that at least one small business would likely incur 
costs exceeding 2 percent of their annual revenue, which would likely 
result in negative impacts for this business. Nevertheless, we solicit 
comments and data regarding our analyses described above and we solicit 
comments regarding our proposed determination that these controls are 
not cost effective.
c. Capture and Particulate Control Devices for Metal HAP Emissions 
Reduction
    While the highest cancer risk was due to organic HAP, our risk 
analysis also indicated that metal HAP emissions sources at four 
facilities result in cancer risk to the individual most exposed greater 
than 10-in-1 million and that 42,000 (of the 144,000 people for the 
entire source category) may have cancer risks exceeding 1-in-1 million 
due to metal HAP emissions. Therefore, we also evaluated these metal 
HAP emission sources and assessed control options that would result in 
reducing these cancer risks. The foundry emission sources that 
contributed to these elevated cancer risks from metal HAP include scrap 
charging, alloy addition, and molten metal transfers. The emissions 
from these sources that are driving most of the estimated risks for HAP 
metals are ``fugitive'' emissions which are typically emitted through 
open roof vents and are currently subject to the building opacity limit 
in the NESHAP. Reducing these emissions for these metal HAP sources 
would require installing and operating capture systems (e.g., hooding, 
duct work, fans, etc.) that direct the emissions to a particulate 
control device (e.g., scrubber or baghouse). In some applications, an 
existing particulate control device may have adequate capacity for 
handling the additional gas stream load, but in general, we expect that 
a new particulate control device would be

[[Page 54414]]

required due to the relatively large volumes of air that may need to be 
collected. As most iron and steel foundries use baghouse control 
systems for their PM control, we estimated the costs based on 
installing new hooding, duct work, fans, and a relatively small 
baghouse.
    Initially, we evaluated a requirement for all facilities to capture 
and control these fugitive metal HAP emission sources. The average 
metal HAP emissions for foundries from these fugitive emission sources 
are estimated to be 0.18 tpy based on the NEI data. We estimated the 
capital investment and total annualized costs for two differently sized 
baghouse capture and control systems using the methods provided in the 
6th Edition of the EPA Air Pollution Control Cost Manual \26\ and we 
assumed approximately half of the foundries could control their sources 
using the smaller baghouse capture and control system and the other 
half of the foundries would need the larger capture and control system. 
The nationwide total capital investment for all major source foundries 
to install metal HAP capture and control systems was estimated to be 
$23 million; the total annualized costs (including capital recovery) 
for the metal HAP control systems were estimated to be $6 million.\27\ 
The nationwide metal HAP emissions reduction, assuming an aggregate 
capture and control efficiency of 90 percent, was estimated to be 4.64 
tpy for an average cost effectiveness of $1.3 million per ton of metal 
HAP removed.
---------------------------------------------------------------------------

    \26\ Baghouses and Filters. Section 6, Chapter 1 (chapter dated 
December 1998). EPA Air Pollution Control Cost Manual. 6th Edition. 
EPA/452/B-02-001. Available at: https://www3.epa.gov/ttncatc1/dir1/c_allchs.pdf.
    \27\ Costs are reported in 2017 dollars.
---------------------------------------------------------------------------

    Based on our review of the NEI data, we observed that many 
foundries had very limited estimated metal HAP emissions from these 
fugitive sources. The EPA has concluded this is mainly because some 
foundries, particularly grey iron, do not use metal alloying. Many of 
these foundries may also use cupola furnaces, which are continuous 
melting furnaces. It is easier to control emissions during scrap 
charging for these furnaces compared to other types of furnaces used at 
foundries. Therefore, we also considered a regulatory option that would 
require only foundries that perform alloying with metal HAP or that 
otherwise produce casting with high metal HAP content to control the 
metal HAP emission sources. Under this scenario, we estimated that the 
average metal HAP emissions from these fugitive emission sources are 
0.29 tpy. The nationwide total capital investment for a targeted rule 
requiring metal HAP capture and control systems for foundries with 
higher metal HAP alloys was estimated to be $13 million; the total 
annualized costs for (including capital recovery) the metal HAP control 
systems were estimated to be $3.3 million. The nationwide metal HAP 
emissions reduction, assuming an aggregate capture and control 
efficiency of 90 percent, was estimated to be 4.16 tpy for an average 
cost effectiveness of $790,000 per ton of metal HAP removed. For more 
detail regarding these cost estimates for the metal HAP control 
systems, see Control Cost Estimates for Metal HAP Emissions from Iron 
and Steel Foundries, which is available in the docket for this action 
(Docket ID No. EPA-HQ-OAR-2019-0373).
    With regard to risk reductions, we estimate that application of 
either of these two improved capture and control of HAP metals 
described above would reduce the MIR due to HAP metals from 30-in-1 
million to about 3-in-1 million. However, the overall MIR for the 
source category would still be 50-in-1 million due to organic HAP, as 
described above. With regard to population exposures, we estimate that 
the number of people with risks greater than or equal to 10-in-1 
million would only be reduced slightly (e.g., 6,900 to 6,500), and 
number of people with risks greater than or equal to 1-in-1 million 
would be reduced from 144,000 to about 100,000 if we were to require 
metal HAP emissions reductions.
    Based on consideration of the costs and cost effectiveness of both 
the organic HAP and metal HAP emission control systems, consideration 
of potential impacts to small businesses, the moderate risk reductions 
that would be achieved, and the uncertainties in the emissions 
estimates (as described in sections III.C.1 and 2 of this preamble), we 
propose that the Iron and Steel Foundries major source NESHAP provides 
an ample margin of safety to protect health and we are not proposing 
any changes to the NESHAP based on the risk review. Nevertheless, we 
solicit comments and data regarding our analyses described above. 
Additionally, we solicit comments regarding whether it would be 
appropriate to require the controls for organic HAP and/or metal HAP 
described above, and, if so, why, and we also solicit comments 
regarding our proposed determination that the current NESHAP provides 
an ample margin of safety to protect public health.
3. Adverse Environmental Effect
    As described in sections III.A and IV.A.4 of this preamble, we 
conducted an environmental risk screening assessment for the Iron and 
Steel Foundries major source category for the following pollutants: 
Arsenic, cadmium, dioxins/furans, HCl, HF, lead, mercury (methyl 
mercury and mercuric chloride), and POM. As explained in section IV.A 
of this preamble, based on our analyses, we do not expect an adverse 
environmental effect as a result of HAP emissions from this source 
category and we are proposing that it is not necessary to set a more 
stringent standard to prevent, taking into consideration costs, energy, 
safety, and other relevant factors, an adverse environmental effect.

C. What are the results and proposed decisions based on our technology 
review?

    As described in section III.B of this preamble, our technology 
review focused on the identification and evaluation of potential 
developments in practices, processes, and control technologies that 
have occurred since the major source and area source NESHAP were 
promulgated in 2004 and 2008, respectively. In conducting the 
technology review, we reviewed various informational sources regarding 
the emissions from iron and steel foundries. We conducted separate but 
similar reviews for the Iron and Steel Foundries major source category 
and the two area source categories. The reviews included a search of 
the RBLC database, reviews of air permits for iron and steel foundries, 
and a review of relevant literature, including international best 
practices. We reviewed these data sources for information on practices, 
processes, and control technologies that were not considered during the 
development of the Iron and Steel Foundries NESHAP. We also looked for 
information on improvements in practices, processes, and control 
technologies that have occurred since development of the Iron and Steel 
Foundries NESHAP.
    After reviewing information from the aforementioned sources, we did 
not identify any developments in practices, processes or control 
technologies to further reduce emissions from major source iron and 
steel foundries under 40 CFR part 63, subpart EEEEE. Furthermore, as 
part of our technology review for major sources, we considered the same 
controls and measures described above in section IV.B.2 of this 
preamble (i.e., in the ample margin of safety analysis), including low-
emitting

[[Page 54415]]

binder formulations, carbon adsorption, and thermal oxidizers for 
control of organic HAP and improved capture systems with new baghouses 
for the metal HAP emissions. The costs, cost effectiveness, and other 
considerations for these four control scenarios for major sources are 
described in detail in section IV.B.2 of this preamble. As discussed in 
section IV.B.2 of this preamble, we also considered revisions in the 
cost algorithms for carbon adsorption systems and thermal oxidizers in 
our assessment of control options to reduce organic HAP emissions. We 
did not identify any improvements in performance of these control 
systems for major sources, and our updated cost analysis continues to 
demonstrate that these control systems are not cost effective for 
existing sources in this major source category, largely due to the 
dilute nature of the organic HAP emission streams. Further details 
regarding our technology review for major source iron and steel 
foundries are available in the memorandum titled: Major Source 
Technology Review for the Iron and Steel Foundries NESHAP, which is 
available in the docket for this proposed action.
    With regard to area sources, we did not identify any developments 
in practices, processes or control technologies to those evaluated 
during the development of 40 CFR part 63, subpart ZZZZZ. Specifically, 
we did not identify any improvements in performance of metal HAP 
control systems used for area source iron and steel foundries or any 
significant change in the control costs for these systems. 
Consequently, we concluded that the analyses of control options 
conducted in 2008 to support the development of metal HAP emission 
limits in 40 CFR part 63, subpart ZZZZZ, are still comprehensive and 
valid today, and that the rationale and conclusions supporting the 
final area source metal HAP emission limits are still appropriate. We 
did not specifically evaluate or calculate the costs, cost 
effectiveness, feasibility, or economic impacts of the four control 
scenarios detailed in section IV.B.2 of this preamble for area sources. 
However, since we conclude these controls and measures are either not 
feasible and/or not cost effective for major sources, we conclude they 
would also not be feasible and/or not cost effective for area sources 
since area sources typically have lower emissions than the major 
sources and a larger percent of area sources are likely to be small 
businesses. Further details regarding our technology review for area 
source iron and steel foundries are available in the memorandum titled: 
Area Source Technology Review for the Iron and Steel Foundries NESHAP, 
which is available in the docket for this proposed action.
    Based on the technology review described above, we determined that 
there are no developments in practices, processes, or control 
technologies that necessitate revisions to the NESHAP for major source 
Iron and Steel Foundries (40 CFR part 63, subpart EEEEE) or the NESHAP 
for area source Iron and Steel Foundries (40 CFR part 63, subpart 
ZZZZZ). Therefore, we are not proposing any changes to these NESHAP 
based our technology review. We solicit comments and data regarding our 
technology review analyses described above and our proposed 
determination that no revisions to the NESHAP are warranted based on 
our technology review.

D. What other actions are we proposing?

    In addition to the proposed determinations described above, we are 
proposing revisions to the SSM provisions of the NESHAP in order to 
ensure that they are consistent with the Court decision in Sierra Club 
v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008), which vacated two provisions 
that exempted sources from the requirement to comply with otherwise 
applicable CAA section 112(d) emission standards during periods of SSM. 
We also are proposing various other changes to the recordkeeping and 
reporting requirements of the NESHAP to require the use of electronic 
reporting of performance test reports and semiannual reports. We also 
are proposing to correct section reference errors and make other minor 
editorial revisions. Our analyses and proposed changes related to these 
issues are discussed below.
1. SSM
    In its 2008 decision in Sierra Club v. EPA, 551 F.3d 1019 (D.C. 
Cir. 2008), the Court vacated portions of two provisions in the EPA's 
CAA section 112 regulations governing the emissions of HAP during 
periods of SSM. Specifically, the Court vacated the SSM exemption 
contained in 40 CFR 63.6(f)(1) and 40 CFR 63.6(h)(1), holding that 
under section 302(k) of the CAA, section 112 emissions standards or 
limitations must be continuous in nature and that the SSM exemption 
violates the CAA's requirement that some section 112 standards apply 
continuously.
    We are proposing the elimination of the SSM exemption in both Iron 
and Steel Foundries NESHAP which appears at 40 CFR 63.7746 and Table 1 
to Subpart EEEEE of Part 63 (Applicability of General Provisions to 
Subpart EEEEE) and in Table 3 to Subpart ZZZZZ of Part 63 
(Applicability of General Provisions to New and Existing Affected 
Sources Classified as Large Foundries). Consistent with Sierra Club v. 
EPA, we are proposing standards in this rule that apply at all times. 
We are also proposing several revisions to Table 1 to Subpart EEEEE as 
is explained in more detail below. For example, we are proposing to 
eliminate the incorporation of the General Provisions' requirement that 
the source develop an SSM plan. We also are proposing to eliminate and 
revise certain recordkeeping and reporting requirements related to the 
SSM exemption as further described below.
    The EPA has attempted to ensure that the provisions we are 
proposing to eliminate are inappropriate, unnecessary, or redundant in 
the absence of the SSM exemption. We are specifically seeking comment 
on whether we have successfully done so.
    In proposing the standards in this rule, the EPA has taken into 
account startup and shutdown periods and, for the reasons explained 
below, has not proposed alternate emission standards for those periods. 
During periods where the process is in startup or shutdown, the 
emission controls used should still provide HAP emissions control. For 
example, emissions from a melting furnace can be directed to a baghouse 
while the melting furnace is undergoing startup or shutdown. Similarly, 
a triethylamine scrubber or carbon adsorption system can be operational 
while the emission source being controlled is undergoing startup or 
shutdown. The one potential exception to this is the afterburner used 
to control organic HAP emissions from a cupola. The cupola afterburner 
control system is primarily designed to burn the carbon monoxide 
emitted as a result of the combustion of coke under oxygen limited 
conditions during normal process operations. Most cupola afterburner 
systems rely on the heat input from carbon monoxide in the cupola's 
off-gas to maintain incineration temperatures. During startup of the 
cupola, complete combustion of natural gas or other fuels are used to 
preheat the cupola furnace. While the combustion of the startup fuels 
do not generate adequate carbon monoxide to maintain incineration 
temperatures in the afterburner section of the cupola, the complete 
combustion of the startup fuels will not generate organic HAP 
emissions. Therefore, we are proposing that foundry owners or operators 
can

[[Page 54416]]

comply with the complete combustion limits (20-ppmv organic HAP limit) 
during cupola startup even though the cupola afterburner is not 
operating at the same temperature as it does during normal operations. 
We understand that there will be a transition period when the cupola 
startup operation shifts from a complete (oxygen rich) combustion mode 
to a partial (oxygen limited) combustion mode when the cupola 
afterburner temperature may not be sufficient to ensure full combustion 
of the organic HAP that may be produced during this transition. 
However, this transition period is expected to be short relative to the 
3-hour averaging period of the organic HAP emissions limit. Therefore, 
we are proposing that it is not necessary to provide alternative 
standards for periods of startup or shutdown. We request comment on the 
need for alternative standards during startup and shutdown. Commenters 
should provide data demonstrating that an alternative standard is 
necessary and provide suggestions regarding recommended alternative 
emission limitations and monitoring parameters that ensure compliance 
with the alternative emission limitations.
    Periods of startup, normal operations, and shutdown are all 
predictable and routine aspects of a source's operations. Malfunctions, 
in contrast, are neither predictable nor routine. Instead they are, by 
definition, sudden, infrequent, and not reasonably preventable failures 
of emissions control, process, or monitoring equipment. (40 CFR 63.2) 
(definition of malfunction). The EPA interprets CAA section 112 as not 
requiring emissions that occur during periods of malfunction to be 
factored into development of CAA section 112 standards and this reading 
has been upheld as reasonable by the Court in U.S. Sugar Corp. v. EPA, 
830 F.3d 579, 606-610 (D.C. Cir. 2016). Under CAA section 112, 
emissions standards for new sources must be no less stringent than the 
level ``achieved'' by the best controlled similar source and for 
existing sources generally must be no less stringent than the average 
emission limitation ``achieved'' by the best performing 12 percent of 
sources in the category. There is nothing in CAA section 112 that 
directs the Agency to consider malfunctions in determining the level 
``achieved'' by the best performing sources when setting emission 
standards. As the Court has recognized, the phrase ``average emissions 
limitation achieved by the best performing 12 percent of'' sources 
``says nothing about how the performance of the best units is to be 
calculated.'' Nat'l Ass'n of Clean Water Agencies v. EPA, 734 F.3d 
1115, 1141 (D.C. Cir. 2013). While the EPA accounts for variability in 
setting emissions standards, nothing in CAA section 112 requires the 
Agency to consider malfunctions as part of that analysis. The EPA is 
not required to treat a malfunction in the same manner as the type of 
variation in performance that occurs during routine operations of a 
source. A malfunction is a failure of the source to perform in a 
``normal or usual manner'' and no statutory language compels the EPA to 
consider such events in setting CAA section 112 standards. Similarly, 
although standards for area sources are not required to be set based on 
``best performers,'' the EPA is not required to consider malfunctions 
in determining what is ``generally available.''
    As the Court recognized in U.S. Sugar Corp., accounting for 
malfunctions in setting standards would be difficult, if not 
impossible, given the myriad different types of malfunctions that can 
occur across all sources in the category and given the difficulties 
associated with predicting or accounting for the frequency, degree, and 
duration of various malfunctions that might occur. Id. at 608 (``the 
EPA would have to conceive of a standard that could apply equally to 
the wide range of possible boiler malfunctions, ranging from an 
explosion to minor mechanical defects. Any possible standard is likely 
to be hopelessly generic to govern such a wide array of 
circumstances.''). As such, the performance of units that are 
malfunctioning is not ``reasonably'' foreseeable. See, e.g., Sierra 
Club v. EPA, 167 F.3d 658, 662 (D.C. Cir. 1999) (``The EPA typically 
has wide latitude in determining the extent of data-gathering necessary 
to solve a problem. We generally defer to an agency's decision to 
proceed on the basis of imperfect scientific information, rather than 
to 'invest the resources to conduct the perfect study.' ''). See also, 
Weyerhaeuser v. Costle, 590 F.2d 1011, 1058 (D.C. Cir. 1978) (``In the 
nature of things, no general limit, individual permit, or even any 
upset provision can anticipate all upset situations. After a certain 
point, the transgression of regulatory limits caused by `uncontrollable 
acts of third parties,' such as strikes, sabotage, operator 
intoxication or insanity, and a variety of other eventualities, must be 
a matter for the administrative exercise of case-by-case enforcement 
discretion, not for specification in advance by regulation.''). In 
addition, emissions during a malfunction event can be significantly 
higher than emissions at any other time of source operation. For 
example, if an air pollution control device with 99-percent removal 
goes off-line as a result of a malfunction (as might happen if, for 
example, the bags in a baghouse catch fire) and the emission unit is a 
steady state type unit that would take days to shut down, the source 
would go from 99-percent control to zero control until the control 
device was repaired. The source's emissions during the malfunction 
would be 100 times higher than during normal operations. As such, the 
emissions over a 4-day malfunction period would exceed the annual 
emissions of the source during normal operations. As this example 
illustrates, accounting for malfunctions could lead to standards that 
are not reflective of (and significantly less stringent than) levels 
that are achieved by a well-performing non-malfunctioning source. It is 
reasonable to interpret CAA section 112 to avoid such a result. The 
EPA's approach to malfunctions is consistent with CAA section 112 and 
is a reasonable interpretation of the statute.
    Although no statutory language compels the EPA to set standards for 
malfunctions, the EPA has the discretion to do so where feasible. For 
example, in the Petroleum Refinery Sector RTR, the EPA established a 
work practice standard for unique types of malfunction that result in 
releases from pressure relief devices or emergency flaring events 
because the EPA had information to determine that such work practices 
reflected the level of control that applies to the best performers. 80 
FR 75178, 75211-14 (December 1, 2015). The EPA considers whether 
circumstances warrant setting standards for a particular type of 
malfunction and, if so, whether sufficient information is available to 
identify the relevant best performing sources and establish a standard 
for such malfunctions. We also encourage commenters to provide any such 
information.
    The EPA anticipates that it is unlikely that a malfunction in the 
foundry operations will result in a violation of the standard because 
the air pollution control equipment used to control the emissions from 
the process would still be operating. If the malfunction occurs in the 
pollution control equipment, the iron and steel foundry operator should 
discontinue process operations until such time that the air pollution 
control systems are operable in order to comply with the requirements 
to minimize emissions and operate according to good air pollution 
practices. In general, process operations should be able to be shutdown 
quickly enough to avoid a

[[Page 54417]]

violation of an emissions limitation. However, a malfunction in the 
control equipment could result in a violation of the standard depending 
on how quickly emissions decline upon process shut down. For example, 
once molten metal is poured into molds, the molds can emit organic HAP 
for several hours while they are cooling. Thus, even though process 
operations may be shut down immediately (e.g., no more molten metal is 
poured into molds once the organic HAP control system malfunctions), 
the emissions may continue and a deviation may occur as a result. In 
this case, foundry owners or operators must report the deviation, the 
quantity of HAP emitted over the emissions limit, the cause of the 
deviation, and the corrective action taken to limit the emissions 
during the event.
    In the event that a source fails to comply with the applicable CAA 
section 112(d) standards as a result of a malfunction event, the EPA 
would determine an appropriate response based on, among other things, 
the good faith efforts of the source to minimize emissions during 
malfunction periods, including preventative and corrective actions, as 
well as root cause analyses to ascertain and rectify excess emissions. 
The EPA would also consider whether the source's failure to comply with 
the CAA section 112(d) standard was, in fact, sudden, infrequent, not 
reasonably preventable and was not instead caused in part by poor 
maintenance or careless operation. 40 CFR 63.2 (definition of 
malfunction).
    If the EPA determines in a particular case that an enforcement 
action against a source for violation of an emission standard is 
warranted, the source can raise any and all defenses in that 
enforcement action and the federal district court will determine what, 
if any, relief is appropriate. The same is true for citizen enforcement 
actions. Similarly, the presiding officer in an administrative 
proceeding can consider any defense raised and determine whether 
administrative penalties are appropriate.
    In summary, the EPA interpretation of the CAA and, in particular, 
section 112, is reasonable and encourages practices that will avoid 
malfunctions. Administrative and judicial procedures for addressing 
exceedances of the standards fully recognize that violations may occur 
despite good faith efforts to comply and can accommodate those 
situations. U.S. Sugar Corp. v. EPA, 830 F.3d 579, 606-610 (2016).
a. General Duty
    We are proposing to revise the General Provisions tables (Table 1 
to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) of 
40 CFR part 63 to provide a separate entry for 40 CFR 63.6(e) and 
changing the ``yes'' in column 3 to a ``no.'' Additionally, we are 
proposing to revise the current 40 CFR 63.10890(i) by re-designating it 
to 40 CFR 63.10890(j) and removing the reference to 40 CFR 63.6(e). 
Section 63.10890(i) currently contains a summary of the General 
Provision sections that apply to affected sources classified as small 
foundries (similar to the Table 3 to Subpart ZZZZZ of Part 63 for 
affected sources classified as large foundries). Section 63.6(e) 
describes the general duty to minimize emissions and requirements for 
an SSM plan. Some of the language in that section is no longer 
necessary or appropriate in light of the elimination of the SSM 
exemption. For 40 CFR part 63, subpart EEEEE, we are proposing to 
revise general duty regulatory text at 40 CFR 63.7710(a) to eliminate 
the reference to 40 CFR 63.6(e)(1)(i) but maintain the general duty to 
``. . . operate the foundry in a manner consistent with good air 
pollution control practices for minimizing emissions at least to the 
levels required by this subpart.'' We are also proposing to delete the 
phrase ``. . ., except during periods of startup, shutdown, or 
malfunction'' from 40 CFR 63.7720(a) and to delete and reserve 40 CFR 
63.7746(b), which states that deviations during periods of SSM are not 
violations if the source was operating in accordance to 40 CFR 
63.6(e)(1). For 40 CFR part 63, subpart ZZZZZ, we are proposing to add 
general duty regulatory text at 40 CFR 63.10890(i) for affected sources 
classified as small foundries and at 40 CFR 63.10896(c) for affected 
sources classified as large foundries that reflects the general duty to 
minimize emissions while eliminating the reference to periods covered 
by an SSM exemption. The current language in 40 CFR 63.6(e)(1)(i) 
characterizes what the general duty entails during periods of SSM. With 
the elimination of the SSM exemption, there is no need to differentiate 
between normal operations, startup and shutdown, and malfunction events 
in describing the general duty. Therefore, the language the EPA is 
proposing in 40 CFR part 63, subparts EEEEE and ZZZZZ, does not include 
that language from 40 CFR 63.6(e)(1).
    Similarly, 40 CFR 63.6(e)(1)(ii) imposes requirements that are not 
necessary with the elimination of the SSM exemption or are redundant 
with the general duty requirement being revised or added in 40 CFR part 
63, subparts EEEEE and ZZZZZ.
b. SSM Plan
    In our proposed revisions of Table 1 to Subpart EEEEE of Part 63 
and Table 3 to Subpart ZZZZZ of Part 63 to provide a separate entry for 
40 CFR 63.6(e) and changing the ``yes'' in column 3 to a ``no,'' we are 
also proposing that 40 CFR 63.6(e)(3) does not apply. Generally, the 
paragraphs under 40 CFR 63.6(e)(3) require development of an SSM plan 
and specify SSM recordkeeping and reporting requirements related to the 
SSM plan. As noted, the EPA is proposing to remove the SSM exemptions. 
Therefore, affected units will be subject to an emission standard 
during such events. The applicability of a standard during such events 
will ensure that sources have ample incentive to plan for and achieve 
compliance and, thus, the SSM plan requirements are no longer 
necessary. We are also proposing to delete and reserve 40 CFR 
63.7720(c) that details the requirement to prepare the SSM plan and to 
revise the definition of ``off blast'' to remove reference to the SSM 
plan.
c. Compliance With Standards
    We are proposing to revise the General Provisions tables (Table 1 
to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) to 
provide a separate entry for 40 CFR 63.6(f)(1) and changing the ``yes'' 
in column 3 to a ``no.'' The current language of 40 CFR 63.6(f)(1) 
exempts sources from non-opacity standards during periods of SSM. As 
discussed above, the Court in Sierra Club vacated the exemptions 
contained in this provision and held that the CAA requires that some 
CAA section 112 standards apply continuously. Consistent with Sierra 
Club, the EPA is proposing to revise standards in this rule to apply at 
all times.
    We are proposing to revise the General Provisions tables (Table 1 
to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) 
entry for 40 CFR 63.6(h) to provide separate entries for 40 CFR 
63.6(h)(1) and 40 CFR 63.6(h)(2)-(9). We are proposing to change the 
entry for 40 CFR 63.6(h)(1) to include a ``no'' in column 3. The 
current language of 40 CFR 63.6(h)(1) exempts sources from opacity 
standards during periods of SSM. As discussed above, the Court in 
Sierra Club vacated the exemptions contained in this provision and held 
that the CAA requires that some CAA section 112

[[Page 54418]]

standards apply continuously. Consistent with Sierra Club, the EPA is 
proposing to revise standards in this rule to apply at all times. In a 
related amendment, the EPA is proposing to revise the definition of 
``deviation'' in both 40 CFR part 63, subparts EEEEE and ZZZZZ, to 
remove subsection (3) that describes deviations during periods of SSM. 
Since the EPA is proposing to revise standards in this rule to apply at 
all times, the distinction described in subsection (3) is no longer 
relevant.
d. Performance Testing
    We are proposing to revise the General Provisions tables (Table 1 
to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) to 
add a separate entry for 40 CFR 63.7(e)(1) and change the ``yes'' in 
column 3 to a ``no.'' Section 63.7(e)(1) describes performance testing 
requirements. The EPA is instead proposing to revise 40 CFR 63.7732(a) 
and 40 CFR 63.10898(c) to add a performance testing requirement to test 
under representative conditions. We are also proposing to revise 40 CFR 
63.7732(a) and 40 CFR 63.10898(c) to remove the reference to 40 CFR 
63.7(e)(1). The performance testing requirements we are proposing to 
add differ from the General Provisions performance testing provisions 
in several respects. The regulatory text does not include the language 
in 40 CFR 63.7(e)(1) that restated the SSM exemption and language that 
precluded startup and shutdown periods from being considered 
``representative'' for purposes of performance testing. The proposed 
performance testing provisions do not allow performance testing during 
startup or shutdown. As in 40 CFR 63.7(e)(1), performance tests 
conducted under this subpart should not be conducted during 
malfunctions because conditions during malfunctions are often not 
representative of normal operating conditions. The EPA is proposing to 
add language that requires the owner or operator to record the process 
information that is necessary to document operating conditions during 
the test and include in such record an explanation to support that such 
conditions represent normal operation. Section 63.7(e) requires that 
the owner or operator make available to the Administrator such records 
``as may be necessary to determine the condition of the performance 
test'' available to the Administrator upon request but does not 
specifically require the information to be recorded. The regulatory 
text the EPA is proposing to add to this provision builds on that 
requirement and makes explicit the requirement to record the 
information.
e. Monitoring
    We are proposing to revise the General Provisions tables (Table 1 
to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) by 
adding a separate entry for 40 CFR 63.8(c)(1)(i) and (iii) and 
including a ``no'' in column 3. The cross-references to the general 
duty and SSM plan requirements in those subparagraphs are not necessary 
in light of other requirements of 40 CFR 63.8 that require good air 
pollution control practices (40 CFR 63.8(c)(1)) and that set out the 
requirements of a quality control program for monitoring equipment (40 
CFR 63.8(d)).
    We are proposing to revise the General Provisions tables (Table 1 
to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) by 
adding a separate entry for 40 CFR 63.8(d)(3) and including a ``no'' in 
column 3. The final sentence in 40 CFR 63.8(d)(3) refers to the General 
Provisions' SSM plan requirement which is no longer applicable. The EPA 
is proposing to add provisions to subpart EEEEE at 40 CFR 63.7752(b)(2) 
and to subpart ZZZZZ at 40 CFR 63.10899(b)(14) that is identical to 40 
CFR 63.8(d)(3) except that the final sentence is replaced with the 
following sentence: ``The program of corrective action should be 
included in the plan as required under Sec.  63.8(d)(2)(vi).''
    The monitoring requirements at 40 CFR 63.10897(g) require owners or 
operators to restore normal operations as quickly as possible when 
monitoring demonstrates a deviation of an emission limit (including an 
operating limit). The EPA is also proposing to revise 40 CFR 
63.10897(g) to remove reference to minimizing periods of SSM. We 
consider this to be redundant to the requirement to take ``any 
necessary corrective action to restore normal operations and prevent 
the likely recurrence of the exceedance'' and is irrelevant since the 
EPA is proposing to revise standards in this rule to apply at all 
times, including periods of SSM.
f. Recordkeeping
    We are proposing to revise the General Provisions tables (Table 1 
to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) by 
adding a separate entry for 40 CFR 63.10(b)(2)(i), (ii), (iv) and (v) 
and including a ``no'' in column 3. Section 63.10(b)(2)(i) describes 
the recordkeeping requirements during startup and shutdown. These 
recording provisions are no longer necessary because the EPA is 
proposing that recordkeeping and reporting applicable to normal 
operations will apply to startup and shutdown. In the absence of 
special provisions applicable to startup and shutdown, such as a 
startup and shutdown plan, there is no reason to retain additional 
recordkeeping for startup and shutdown periods. Consequently, we are 
also proposing additional revisions to 40 CFR part 63, subparts EEEEE 
and ZZZZZ, to remove SSM-related records. First, we are proposing to 
replace the SSM recordkeeping requirement at 40 CFR 63.7752(a)(2), 
which refers to records specified in 40 CFR 63.6(e)(3), with 
requirements to keep records of maintenance performed on air pollution 
control and monitoring equipment as required by 40 CFR 
63.10(b)(2)(iii). Second, we are proposing to revise the recordkeeping 
requirement at 40 CFR 63.7752(b)(4) to remove the records needed to 
indicate whether deviation of a continuous emission monitoring system 
occurred during periods of SSM. Third, we are proposing to revise the 
recordkeeping requirement at 40 CFR 63.10899(b) to revise the general 
reference to records required by 40 CFR 63.10 to specify that only 
records required by 40 CFR 63.10(b)(2)(iii), (vi) through (xiv), and 
(b)(3) are necessary.
    Section 63.10(b)(2)(ii) describes the recordkeeping requirements 
during a malfunction. The EPA is proposing to add such requirements to 
40 CFR 63.7752(d) and to 40 CFR 63.10899(b)(15). The regulatory text we 
are proposing to add differs from the General Provisions it is 
replacing in that the General Provisions requires the creation and 
retention of a record of the occurrence and duration of each 
malfunction of process, air pollution control, and monitoring 
equipment. The EPA is proposing that this requirement apply to any 
failure to meet an applicable standard and is requiring that the source 
record the date, time, and duration of the failure rather than the 
``occurrence.'' The EPA is also proposing to add requirements to 40 CFR 
63.7752(d) and to 40 CFR 63.10899(b)(15) that sources keep records that 
include a list of the affected source or equipment and actions taken to 
minimize emissions, an estimate of the quantity of each regulated 
pollutant emitted over the standard for which the source failed to meet 
the standard, and a description of the method used to estimate the 
emissions. Examples of such methods would include product-loss 
calculations, mass balance calculations, measurements when available, 
or engineering judgment based on known process parameters. The EPA is 
proposing to require that sources keep records of this information

[[Page 54419]]

to ensure that there is adequate information to allow the EPA to 
determine the severity of any failure to meet a standard, and to 
provide data that may document how the source met the general duty to 
minimize emissions when the source has failed to meet an applicable 
standard.
    Section 63.10(b)(2)(iv), when applicable, requires sources to 
record actions taken during SSM events when actions were inconsistent 
with their SSM plan. The requirement is no longer appropriate because 
SSM plans will no longer be required. The requirement previously 
applicable under 40 CFR 63.10(b)(2)(iv)(B) to record actions to 
minimize emissions and record corrective actions is now applicable by 
the proposed requirements in 40 CFR 63.7752(d) and in 40 CFR 
63.10899(b)(15).
    Section 63.10(b)(2)(v), when applicable, requires sources to record 
actions taken during SSM events to show that actions taken were 
consistent with their SSM plan. The requirement is no longer 
appropriate because SSM plans will no longer be required.
    We are proposing to revise the General Provisions table for major 
source foundries (Table 1 to Subpart EEEEE of Part 63) by moving the 
reference to 40 CFR 63.10(c)(15) to include it with an entry for 40 CFR 
63.10(c)(7) and (8) that includes a ``no'' in column 3. The EPA is 
proposing that 40 CFR 63.10(c)(15) no longer apply. When applicable, 
the provision allows an owner or operator to use the affected source's 
SSM plan or records kept to satisfy the recordkeeping requirements of 
the SSM plan, specified in 40 CFR 63.6(e), to also satisfy the 
requirements of 40 CFR 63.10(c)(10) through (12). The EPA is proposing 
to eliminate this requirement because SSM plans would no longer be 
required, and, therefore, 40 CFR 63.10(c)(15) no longer serves any 
useful purpose for affected units. The General Provisions table for 
area source foundries (Table 3 to Subpart ZZZZZ of Part 63) already 
indicates that 40 CFR 63.10(c)(15) does not apply, so the EPA is not 
proposing to revise the designation in column 3 for this entry. 
However, based on the additional records specified in 40 CFR 
63.10899(b)(15), the recordkeeping requirements in 40 CFR 63.10(c)(7) 
and (8) are redundant and no longer necessary. Therefore, we are 
proposing to include a single entry for 40 CFR 63.10(c) in Table 3 to 
Subpart ZZZZZ that includes a ``no'' in column 3.
g. Reporting
    We are proposing to revise the General Provisions tables (Table 1 
to Subpart EEEEE of Part 63 and Table 3 to Subpart ZZZZZ of Part 63) 
entry for 40 CFR 63.10(d)(5) by changing the ``yes'' in column 3 to a 
``no'' and to delete and reserve 40 CFR 63.7751(b)(4) and (c), which 
cross-references the 40 CFR 63.10(d)(5) reporting requirements. Section 
63.10(d)(5) describes the reporting requirements for startups, 
shutdowns, and malfunctions. To replace the General Provisions 
reporting requirement, the EPA is proposing to add reporting 
requirements to 40 CFR 63.7751(b)(7) and (8) and 40 CFR 63.10899(c). 
The replacement language differs from the General Provisions 
requirement in that it eliminates periodic SSM reports as a stand-alone 
report. We are proposing language that requires sources that fail to 
meet an applicable standard at any time to report the information 
concerning such events in the semiannual report already required under 
this rule. We are proposing that the report must contain the date, 
time, duration, and the cause of such events (including unknown cause, 
if applicable), a list of the affected source or equipment, an estimate 
of the quantity of each regulated pollutant emitted over any emission 
limit, and a description of the method used to estimate the emissions.
    Examples of such methods would include product-loss calculations, 
mass balance calculations, measurements when available, or engineering 
judgment based on known process parameters. The EPA is proposing this 
requirement to ensure that there is adequate information to determine 
compliance, to allow the EPA to determine the severity of the failure 
to meet an applicable standard, and to provide data that may document 
how the source met the general duty to minimize emissions during a 
failure to meet an applicable standard.
    We will no longer require owners or operators to determine whether 
actions taken to correct a malfunction are consistent with an SSM plan, 
because plans would no longer be required. The proposed amendments, 
therefore, eliminate the cross-reference to 40 CFR 63.10(d)(5)(i) that 
contains the description of the previously required SSM report format 
and submittal schedule from this section. These specifications are no 
longer necessary because the events will be reported in otherwise 
required reports with similar format and submittal requirements. For 
example, both 40 CFR part 63, subparts EEEEE and ZZZZZ require foundry 
owners or operators to prepare and operate according to a site-specific 
operating and maintenance plan for each control device and continuous 
monitoring system associated with that control device and to maintain 
records documenting conformance with these requirements and the added 
reporting requirements to 40 CFR 63.7751(b)(7) and (8), as well as 40 
CFR 63.10899(c) to include reporting of specific deviations.
    The proposed amendments also eliminate the cross-reference to 40 
CFR 63.10(d)(5)(ii), which describes an immediate report for startups, 
shutdown, and malfunctions when a source failed to meet an applicable 
standard but did not follow the SSM plan. We will no longer require 
owners and operators to report when actions taken during a startup, 
shutdown, or malfunction were not consistent with an SSM plan, because 
plans would no longer be required.
    We are also proposing to revise the entry for 40 CFR 63.10(e)(3) in 
Table 3 to Subpart ZZZZZ of Part 63 by changing the ``yes'' in column 3 
to ``no.'' Given the additions to the reporting requirements as 
described above, we are also proposing to include all relevant 
deviation reporting requirements directly in 40 CFR 63.10899(c), rather 
than relying on cross-reference to 40 CFR 63.10(e)(3). These edits are 
not expected to alter the reporting burden; however, the direct 
inclusion of the 40 CFR 63.10(e)(3) reporting requirements into 40 CFR 
63.10899(c) will provide clarity of the reporting requirements to area 
source foundry owners and operators. We note that 40 CFR part 63, 
subpart EEEEE, directly includes these reporting elements and indicates 
that 40 CFR 63.10(e)(3) does not apply, so no revision to this entry is 
required for the major source foundry NESHAP.
2. Electronic Reporting
    Through this proposal, the EPA is proposing that owners and 
operators of iron and steel foundries submit electronic copies of 
required initial notifications, performance test reports, performance 
evaluation reports, and semiannual reports through the EPA's Central 
Data Exchange (CDX) using the Compliance and Emissions Data Reporting 
Interface (CEDRI). A description of the electronic data submission 
process is provided in the memorandum, Electronic Reporting 
Requirements for New Source Performance Standards (NSPS) and National 
Emission Standards for Hazardous Air Pollutants (NESHAP) Rules, 
available in Docket ID Item No. EPA-HQ-OAR-2018-2019-0373. The proposed 
rule requires that performance test results collected using test 
methods that are supported by the EPA's Electronic Reporting Tool (ERT) 
as

[[Page 54420]]

listed on the ERT website \28\ at the time of the test be submitted in 
the format generated through the use of the ERT and that other 
performance test results be submitted in portable document format (PDF) 
using the attachment module of the ERT. Similarly, performance 
evaluation results of continuous monitoring systems measuring relative 
accuracy test audit pollutants that are supported by the ERT at the 
time of the test must be submitted in the format generated through the 
use of the ERT and other performance evaluation results be submitted in 
PDF using the attachment module of the ERT.
---------------------------------------------------------------------------

    \28\ https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert.
---------------------------------------------------------------------------

    For semiannual reports, the proposed rule requires that owners and 
operators use the appropriate spreadsheet template to submit 
information to CEDRI. A draft version of the proposed templates for 
these reports is included in the docket for this rulemaking.\29\ As 
part of these revisions, we are also proposing that the semiannual 
mercury switch removal report, currently described in 40 CFR 
63.10899(b)(2)(ii), must be included as part of the semiannual 
compliance report. Currently, the semiannual mercury switch removal 
report may be submitted as a standalone report or as part of the 
semiannual compliance report. Therefore, to aide in the electronic 
reporting of mercury switch removal when a site-specific plan for 
mercury is used, we are proposing to move the reporting in 40 CFR 
63.10899(b)(2)(ii) to the semiannual compliance report requirements 
included under 40 CFR 63.10899(c). The EPA specifically requests 
comment on the content, layout, and overall design of the template.
---------------------------------------------------------------------------

    \29\ See Iron_Steel_Foundry_Semiannual_Template_EEEEE_Draft and 
Iron_Steel_Foundry_Area_Sources_Semiannual_Template_ZZZZZ_Draft 
available at Docket ID No. EPA-HQ-OAR-2018-0415.
---------------------------------------------------------------------------

    Additionally, the EPA has identified two broad circumstances in 
which electronic reporting extensions may be provided. In both 
circumstances, the decision to accept the claim of needing additional 
time to report is within the discretion of the Administrator, and 
reporting should occur as soon as possible. The EPA is providing these 
potential extensions to protect owners and operators from noncompliance 
in cases where they cannot successfully submit a report by the 
reporting deadline for reasons outside of their control. The situation 
where an extension may be warranted due to outages of the EPA's CDX or 
CEDRI which precludes an owner or operator from accessing the system 
and submitting required reports is addressed in 40 CFR 63.7751(h) and 
40 CFR 63.10899(f). The situation where an extension may be warranted 
due to a force majeure event, which is defined as an event that will be 
or has been caused by circumstances beyond the control of the affected 
facility, its contractors, or any entity controlled by the affected 
facility that prevents an owner or operator from complying with the 
requirement to submit a report electronically as required by this rule 
is addressed in 40 CFR 63.7751(i) and 40 CFR 63.10899(g). Examples of 
such events are acts of nature, acts of war or terrorism, or equipment 
failure or safety hazards beyond the control of the facility.
    The electronic submittal of the reports addressed in this proposed 
rulemaking will increase the usefulness of the data contained in those 
reports, is in keeping with current trends in data availability and 
transparency, will further assist in the protection of public health 
and the environment, will improve compliance by facilitating the 
ability of regulated facilities to demonstrate compliance with 
requirements and by facilitating the ability of delegated state, local, 
tribal, and territorial air agencies and the EPA to assess and 
determine compliance, and will ultimately reduce burden on regulated 
facilities, delegated air agencies, and the EPA. Electronic reporting 
also eliminates paper-based, manual processes, thereby saving time and 
resources, simplifying data entry, eliminating redundancies, minimizing 
data reporting errors, and providing data quickly and accurately to the 
affected facilities, air agencies, the EPA, and the public. Moreover, 
electronic reporting is consistent with the EPA's plan \30\ to 
implement Executive Order 13563 and is in keeping with the EPA's 
Agency-wide policy \31\ developed in response to the White House's 
Digital Government Strategy.\32\ For more information on the benefits 
of electronic reporting, see the memorandum, Electronic Reporting 
Requirements for New Source Performance Standards (NSPS) and National 
Emission Standards for Hazardous Air Pollutants (NESHAP) Rules, 
available in Docket ID Item No. EPA-HQ-OAR-2018-2019-0373.
---------------------------------------------------------------------------

    \30\ EPA's Final Plan for Periodic Retrospective Reviews, August 
2011. Available at: https://www.regulations.gov/document?D=EPA-HQ-OA-2011-0156-0154.
    \31\ E-Reporting Policy Statement for EPA Regulations, September 
2013. Available at: https://www.epa.gov/sites/production/files/2016-03/documents/epa-ereporting-policy-statement-2013-09-30.pdf.
    \32\ Digital Government: Building a 21st Century Platform to 
Better Serve the American People, May 2012. Available at: https://obamawhitehouse.archives.gov/sites/default/files/omb/egov/digital-government/digital-government.html.
---------------------------------------------------------------------------

    The EPA is also proposing to amend the implementation and 
enforcement delegations addressed in 40 CFR 63.7761(c) and 40 CFR 
63.10905(c) to stipulate that the authority to approve any alternative 
to any electronic reporting cannot be delegated.
3. Technical and Editorial Changes
    The EPA is proposing one additional editorial correction for 40 CFR 
part 63, subpart EEEEE, as follows.
     Revise 40 CFR 63.7732(e)(1) to correct the reference to 
``paragraphs (b)(1)(i) through (v)'' to be ``paragraphs (e)(1)(i) 
through (v).''
    The EPA is also proposing additional changes that address technical 
and editorial corrections for 40 CFR part 63, subpart ZZZZZ as follows.
     Revise 40 CFR 63.10885(a)(1) to add the sentence: ``Any 
post-consumer engine blocks, post-consumer oil filters, or oily 
turnings that are processed and/or cleaned to the extent practicable 
such that the materials do not include lead components, mercury 
switches, chlorinated plastics, or free organic liquids can be included 
in this certification.'' This provision was added to the major source 
NESHAP at 40 CFR 63.7700(b) in the 2008 amendments (73 FR 7218) shortly 
after the area source NESHAP was promulgated. The requirements in 40 
CFR 63.10885(a)(1) were developed based on the provisions in 40 CFR 
63.7700(b) and this provision for major source iron and steel foundries 
should also apply to area source iron and steel foundries.
     Revise 40 CFR 63.10890(c) to correct the reference to 
``Sec.  63.9(h)(1)(i)'' to be ``Sec.  63.9(h)(2)(i).''
     Revise 40 CFR 63.10890(f) to correct the reference to 
``Sec.  63.10(e)'' to be ``Sec.  63.13.''
     Revise 40 CFR 63.10897(d)(3) and (g) to replace all 
instances of ``correction action'' with ``corrective action'' to 
correct typographical errors.
     Revise 40 CFR 63.10899(c) to correct the reference to 
``Sec.  63.10(e)'' to be ``Sec.  63.13.''
     Revise the entry for 40 CFR 63.9 in Table 3 to Subpart 
ZZZZZ to add an explanation in column 4 to read ``Except for opacity 
performance tests.'' This explanation was included in the major source 
NESHAP in Table 1 to Subpart EEEEE but was inadvertently not included 
in the area source NESHAP. This proposed amendment relieves area source 
foundries of providing notifications of semiannual opacity

[[Page 54421]]

observations of fugitive emissions from buildings or structures housing 
foundry operations.

E. What compliance dates are we proposing?

    We are proposing two changes that would impact ongoing compliance 
requirements for 40 CFR part 63, subparts EEEEE and ZZZZZ. As discussed 
elsewhere in this preamble, we are proposing to add a requirement that 
initial notifications, performance test results, performance evaluation 
reports, and the semiannual reports using the new template be submitted 
electronically. We are also proposing to change the requirements for 
SSM by removing the exemption from the requirements to meet the 
standard during SSM periods and by removing the requirement to develop 
and implement an SSM plan.
    Our experience with similar industries that are required to convert 
reporting mechanisms, install necessary hardware, install necessary 
software, become familiar with the process of submitting performance 
test results electronically through the EPA's CEDRI, test these new 
electronic submission capabilities, reliably employ electronic 
reporting, and convert logistics of reporting processes to different 
time-reporting parameters, shows that a time period of a minimum of 90 
days, and more typically, 180 days, is generally necessary to 
successfully complete these changes. Therefore, we are proposing 6 
months to transition the periodic reports to electronic reporting 
through CEDRI. For performance tests, most stack testing contractors 
already have electronic reporting capabilities and have used EPA's 
electronic reporting system. Therefore, we are proposing that 
performance test reports and performance evaluation reports be 
submitted electronically for tests conducted after the effective date 
of the final rule. These reports are due within 60 days of the 
completion of the performance test so facilities will have up to 60 
days (and generally longer since the performance test and performance 
evaluations are required annually or once every 5 years). We are 
proposing that the elimination of SSM exemptions will become effective 
on the effective date of the rule. We understand that the regulated 
facility generally requires some time period to read and understand the 
amended rule requirements; evaluate their operations to ensure that 
they can meet the standards during periods of startup and shutdown as 
defined in the rule and make any necessary adjustments; adjust 
parameter monitoring and recording systems to accommodate revisions; 
and update their operations to reflect the revised requirements. 
However, most foundry processes are batch processes, so the control 
systems are designed to accommodate differing operations, including 
startup and shutdown. We do not expect that the proposed SSM revisions 
will require any new control systems and very few, if any, operational 
changes. Additionally, much of the revisions are eliminating additional 
records and reports related to SSM. These changes can be implemented 
quickly by the foundry owner or operator at no cost (and likely some 
cost savings) and if these records are still collected after the final 
rule is promulgated, the facility will still be in compliance with the 
proposed requirements. Finally, this proposal serves to provide 
notification to the iron and steel foundry industry of the EPA's intent 
to require compliance with the applicable standards at all times, 
including periods of SSM, and the evaluations and adjustments needed to 
comply with the standards at all times can be conducted based on this 
proposal. Therefore, the EPA is proposing to require compliance with 
the SSM revisions for 40 CFR part 63, subparts EEEEE and ZZZZZ, upon 
the effective date of the final rules. We solicit comment on this 
proposed compliance period, and we specifically request submission of 
information from sources in this source category regarding specific 
actions that would need to be undertaken to comply with the proposed 
amended requirements and the time needed to make the adjustments for 
compliance with any of the revised requirements. We note that 
information provided may result in changes to the proposed compliance 
date.

V. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected sources?

    There are approximately 45 major source iron and steel foundries 
and approximately 390 area source iron and steel foundries affected by 
this proposal. In this proposal, we have included editorial 
corrections, electronic reporting requirements, and changes in policies 
regarding SSM. Because we are proposing no new requirements or controls 
in this RTR, no iron and steel foundries are adversely impacted by 
these proposed revisions. In fact, the impacts to iron and steel 
foundries from this proposal are expected to be minimal.

B. What are the air quality impacts?

    Because we are not proposing revisions to the emission limitations, 
we do not anticipate any quantifiable air quality impacts as a result 
of the proposed amendments. However, we anticipate that the proposed 
requirements, including the removal of the SSM exemption and addition 
of periodic emissions testing, may reduce some unquantified emissions 
by ensuring proper operation of control devices during SSM periods.

C. What are the cost impacts?

    We expect that the proposed amendments will have minimal cost 
impacts for iron and steel foundries. The proposed editorial 
corrections will have no cost impacts. The proposed revisions to use 
electronic reporting effectively replace existing requirements to mail 
in copies of the required reports and notifications. We expect that the 
electronic system will save some time and expense compared to printing 
and mailing the required reports and notifications; however, it will 
take some time for foundry owners and operators to review the new 
electronic notification and reporting form, review their recordkeeping 
processes, and potentially revise their processes to more efficiently 
complete their semiannual reports. There may also be initial costs 
associated with electronic reporting of performance tests. We are also 
proposing revisions to SSM provisions. Again, these revisions are 
expected to have minimal impact on affected iron and steel foundries. 
For major source iron and steel foundries, we are eliminating the need 
to develop a SSM plan or submit an immediate SSM report when the SSM 
plan is not followed and there is an exceedance of an applicable 
emission limitation. While this may reduce some burden, iron and steel 
foundry owners and operators will still need to assess their operations 
and make plans to achieve the emission limitations at all times, 
including periods of startup, shutdown, or malfunction.
    We estimate the initial one-time costs associated with the proposed 
electronic reporting and SSM revisions would be $96,000 for the 45 
major source iron and steel foundries subject to 40 CFR part 63, 
subpart EEEEE, or approximately $2,130 per major source foundry. For 
area source foundries subject to 40 CFR part 63, subpart ZZZZZ, we 
estimate the total initial one-time costs would be $375,000 for the 390 
area sources. The average one-time cost for an area source foundry 
classified as a small area source foundry is estimated to be $732 per

[[Page 54422]]

foundry; the average one-time cost for an area source foundry 
classified as a large area source foundry is estimated to be $1,920 per 
foundry. Once electronic reporting is adopted, we expect costs savings 
to be realized for the ongoing report submissions. We estimate that a 
reduction in the time to prepare and submit semiannual reports of 1 to 
2 hours per report would off-set the initial one-time costs within the 
first 3 years after implementation of the electronic reporting. 
Consequently, we consider the cost impacts associated with the proposed 
electronic reporting provisions to be minimal. Also, we expect there 
would only be a small number of immediate SSM reports each year, so 
that the cost savings associated with eliminating the immediate SSM 
reports each year would be under $500 nationwide. Consequently, we 
estimate the total one-time cost impacts of the proposed electronic 
reporting and SSM revisions will be approximately $470,000 across all 
foundries (area and major sources) and that these costs will largely be 
offset within the first 3 years of implementation.

D. What are the economic impacts?

    Economic impact analyses focus on changes in market prices and 
output levels. If changes in market prices and output levels in the 
primary markets are significant enough, impacts on other markets may 
also be examined. Both the magnitude of costs associated with the 
proposed requirements and the distribution of these costs among 
affected facilities can have a role in determining how the market will 
change in response to a proposed rule. Because the costs associated 
with the proposed revisions are minimal, no significant economic 
impacts from the proposed amendments are anticipated.

E. What are the benefits?

    Although the EPA does not anticipate any significant reductions in 
HAP emissions as a result of the proposed amendments, we believe that 
the action, if finalized as proposed, would result in improvements to 
the rule. Specifically, the proposed amendments revise the standards 
such that they apply at all times. Additionally, the proposed 
amendments requiring electronic submittal of initial notifications, 
performance test results, and semiannual reports will increase the 
usefulness of the data, are in keeping with current trends of data 
availability, will further assist in the protection of public health 
and the environment, and will ultimately result in less burden on the 
regulated community. See section IV.D.3 of this preamble for more 
information.

VI. Request for Comments

    We solicit comments on this proposed action. In addition to general 
comments on this proposed action, we are also interested in additional 
data that may improve the risk assessments and other analyses. We are 
specifically interested in receiving any improvements to the data used 
in the site-specific emissions profiles used for risk modeling. Such 
data should include supporting documentation in sufficient detail to 
allow characterization of the quality and representativeness of the 
data or information. Section VII of this preamble provides more 
information on submitting data.

VII. Submitting Data Corrections

    The site-specific emissions profiles used in the source category 
risk and demographic analyses and instructions are available for 
download on the RTR website at https://www.epa.gov/stationary-sources-air-pollution/iron-and-steel-foundries-national-emissions-standards-hazardous-air. The data files include detailed information for each HAP 
emissions release point for the facilities in the source category.
    If you believe that the data are not representative or are 
inaccurate, please identify the data in question, provide your reason 
for concern, and provide any ``improved'' data that you have, if 
available. When you submit data, we request that you provide 
documentation of the basis for the revised values to support your 
suggested changes. To submit comments on the data downloaded from the 
RTR website, complete the following steps:
    1. Within this downloaded file, enter suggested revisions to the 
data fields appropriate for that information.
    2. Fill in the commenter information fields for each suggested 
revision (i.e., commenter name, commenter organization, commenter email 
address, commenter phone number, and revision comments).
    3. Gather documentation for any suggested emissions revisions 
(e.g., performance test reports, material balance calculations).
    4. Send the entire downloaded file with suggested revisions in 
Microsoft[supreg] Access format and all accompanying documentation to 
Docket ID No. EPA-HQ-OAR-2019-0373 (through the method described in the 
ADDRESSES section of this preamble).
    5. If you are providing comments on a single facility or multiple 
facilities, you need only submit one file for all facilities. The file 
should contain all suggested changes for all sources at that facility 
(or facilities). We request that all data revision comments be 
submitted in the form of updated Microsoft[supreg] Excel files that are 
generated by the Microsoft[supreg] Access file. These files are 
provided on the RTR website at https://www.epa.gov/stationary-sources-air-pollution/iron-and-steel-foundries-national-emissions-standards-hazardous-air.

VIII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at: https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to OMB for review.

B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs

    This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have 
been submitted for approval to OMB under the PRA, as described for each 
source category covered by this proposal in sections C.1 and C.2 below.
1. Iron and Steel Foundries Major Sources
    The information collection request (ICR) document that the EPA 
prepared has been assigned EPA ICR number 2096.07. You can find a copy 
of the ICR in the docket for this rule, and it is briefly summarized 
here.
    We are proposing amendments that require electronic reporting, 
remove the malfunction exemption, and impose other revisions that 
affect reporting and recordkeeping for iron and steel foundries major 
source facilities. This information would be collected to assure 
compliance with 40 CFR part 63, subpart EEEEE.
    Respondents/affected entities: Owners or operators of iron and 
steel foundries major source facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63, 
subpart EEEEE).
    Estimated number of respondents: 45 (total).
    Frequency of response: Initial, semiannual, and annual.

[[Page 54423]]

    Total estimated burden: The annual recordkeeping and reporting 
burden for facilities to comply with all of the requirements in the 
NESHAP is estimated to be 15,000 hours (per year). Burden is defined at 
5 CFR 1320.3(b).
    Total estimated cost: The annual recordkeeping and reporting burden 
for facilities to comply with all of the requirements in the NESHAP is 
estimated to be $1,400,000 (per year), which includes $206,000 
annualized capital or operation and maintenance costs.
2. Iron and Steel Foundries Area Sources
    The ICR document that the EPA prepared has been assigned EPA ICR 
number 2267.05. You can find a copy of the ICR in the docket for this 
rule, and it is briefly summarized here.
    We are proposing amendments that require electronic reporting, 
remove the malfunction exemption, and impose other revisions that 
affect reporting and recordkeeping for iron and steel foundries area 
source facilities. This information would be collected to assure 
compliance with 40 CFR part 63, subpart ZZZZZ.
    Respondents/affected entities: Owners or operators of iron and 
steel foundries area source facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63, 
subpart ZZZZZ).
    Estimated number of respondents: 390 (total), 75 of these are 
classified as large iron and steel foundries and 315 are classified as 
small iron and steel foundries.
    Frequency of response: Initial, semiannual, and annual.
    Total estimated burden: The annual recordkeeping and reporting 
burden for facilities to comply with all of the requirements in the 
NESHAP is estimated to be 14,400 hours (per year). Burden is defined at 
5 CFR 1320.3(b).
    Total estimated cost: The annual recordkeeping and reporting burden 
for facilities to comply with all of the requirements in the NESHAP is 
estimated to be $1,150,000 (per year); there are no annualized capital 
or operation and maintenance costs.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden to the EPA using the docket identified 
at the beginning of this rule. You may also send your ICR-related 
comments to OMB's Office of Information and Regulatory Affairs via 
email to [email protected], Attention: Desk Officer for the 
EPA. Since OMB is required to make a decision concerning the ICR 
between 30 and 60 days after receipt, OMB must receive comments no 
later than November 8, 2019. The EPA will respond to any ICR-related 
comments in the final rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. Based on the 
Small Business Administration size category for this source category, 
no small entities are subject to this action.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action imposes 
no enforceable duty on any state, local, or tribal governments or the 
private sector.

F. Executive Order 13132: Federalism

    This action 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.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. It will not have substantial 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. No tribal governments 
own facilities subject to the NESHAP. Thus, Executive Order 13175 does 
not apply to this action.

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

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. This action's health and risk assessments are contained in 
sections III and IV of this preamble and further documented in the 
following risk report titled Residual Risk Assessment for the Iron and 
Steel Foundries Major Source Category in Support of the 2019 Risk and 
Technology Review Proposed Rule, which can be found in the docket for 
this action.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.
    EPA Method 9095B, ``Paint Filter Liquids Test'' was previously 
approved for incorporation by reference into Sec.  63.10885 and no 
changes are proposed.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
    The documentation for this decision is contained in section IV.A.3 
of this preamble and the technical report titled Risk and Technology 
Review--Analysis of Demographic Factors for Populations Living Near the 
Iron and Steel Foundries Source Category, which is located in the 
public docket for this action.
    We examined the potential for any environmental justice issues that 
might be associated with the source category, by performing a 
demographic analysis of the population close to the facilities. In this 
analysis, we evaluated the distribution of HAP-related cancer and 
noncancer risks from the 40 CFR part 63, subpart EEEEE, source category 
across different social, demographic, and economic groups within the 
populations living near facilities identified as having the highest 
risks. The methodology and the results of the demographic analyses are 
included in the technical report, Risk and

[[Page 54424]]

Technology Review--Analysis of Demographic Factors for Populations 
Living Near the Iron and Steel Foundries Source Category, available in 
the docket for this action.
    The results of the 40 CFR part 63, subpart EEEEE, source category 
demographic analysis indicate that emissions from the Iron and Steel 
Foundries major source category expose approximately 144,000 people to 
a cancer risk at or above 1-in-1 million and none exposed to a chronic 
noncancer TOSHI greater than 1. The percentages of the at-risk 
population in each demographic group (except for ``African American,'' 
``Below Poverty Level,'' and ``Over 25 and without High School 
Diploma'') are similar to or lower than their respective nationwide 
percentages. The African American population exposed to a cancer risk 
at or above 1-in-1 million due to iron and steel foundries major source 
emissions is 4 percent above the national average. Likewise, 
populations living ``Below Poverty Level'' and ``Over 25 and without 
High School Diploma'' are exposed to cancer risk above 1-in-1 million, 
6 and 4 percent above the national average, respectively.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Incorporation by reference, Reporting and recordkeeping 
requirements.

    Dated: September 13, 2019.
Andrew R. Wheeler,
Administrator.

    For the reasons set forth in the preamble, the EPA proposes to 
amend 40 CFR part 63 as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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

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

Subpart EEEEE--National Emission Standards for Hazardous Air 
Pollutants for Iron and Steel Foundries

0
2. Section 63.7710 is amended by revising paragraph (a) to read as 
follows:


Sec.  63.7710   What are my operation and maintenance requirements?

    (a) You must always operate and maintain your iron and steel 
foundry, including air pollution control and monitoring equipment, in a 
manner consistent with good air pollution control practices for 
minimizing emissions at least to the levels required by this subpart.
* * * * *
0
3. Section 63.7720 is amended by revising paragraph (a) and removing 
and reserving paragraph (c) to read as follows:


Sec.  63.7720   What are my general requirements for complying with 
this subpart?

    (a) You must be in compliance with the emission limitations, work 
practice standards, and operation and maintenance requirements in this 
subpart at all times.
* * * * *
    (c) [Reserved]
0
4. Section 63.7732 is amended by revising paragraph (a) and revising 
paragraph (e)(1) introductory text to read as follows:


Sec.  63.7732   What test methods and other procedures must I use to 
demonstrate initial compliance with the emissions limitations?

    (a) You must conduct each performance test that applies to your 
iron and steel foundry based on your selected compliance alternative, 
if applicable, according to the requirements in paragraphs (b) through 
(i) of this section. Each performance test must be conducted under 
conditions representative of normal operations. Normal operating 
conditions exclude periods of startup and shutdown. You may not conduct 
performance tests during periods of malfunction. You must record the 
process information that is necessary to document operating conditions 
during the test and include in such record an explanation to support 
that such conditions represent normal operation. Upon request, you 
shall make available to the Administrator such records as may be 
necessary to determine the conditions of performance tests.
* * * * *
    (e) * * *
    (1) Determine the VOHAP concentration for each test run according 
to the test methods in 40 CFR part 60, appendix A, that are specified 
in paragraphs (e)(1)(i) through (v) of this section.
* * * * *
0
5. Section 63.7746 is amended by removing and reserving paragraph (b) 
to read as follows:


Sec.  63.7746   What other requirements must I meet to demonstrate 
continuous compliance?

* * * * *
    (b) [Reserved]
0
6. Section 63.7751 is amended by:
0
a. Removing and reserving paragraph (b)(4);
0
b. Revising paragraphs (b)(6) through (8);
0
c. Removing and reserving paragraph (c); and
0
d. Adding paragraphs (e) through (i).
    The revisions and additions read as follows:


Sec.  63.7751   What reports must I submit and when?

* * * * *
    (b) * * *
    (4) [Reserved]
* * * * *
    (6) If there were no periods during which a continuous monitoring 
system (including a CPMS or CEMS) was inoperable or out-of-control as 
specified by Sec.  63.8(c)(7), a statement that there were no periods 
during which the CPMS was inoperable or out-of-control during the 
reporting period.
    (7) For each affected source or equipment for which there was a 
deviation from an emissions limitation (including an operating limit, 
work practice standard, or operation and maintenance requirement) that 
occurs at an iron and steel foundry during the reporting period, the 
compliance report must contain the information specified in paragraphs 
(b)(7)(i) through (iii) of this section. This requirement includes 
periods of startup, shutdown, and malfunction.
    (i) A list of the affected source or equipment and the total 
operating time of each emissions source during the reporting period.
    (ii) For each deviation from an emissions limitation (including an 
operating limit, work practice standard, or operation and maintenance 
requirement) that occurs at an iron and steel foundry during the 
reporting period, report:
    (A) The date, start time, duration (in hours), and cause of each 
deviation (characterized as either startup, shutdown, control equipment 
problem, process problem, other known cause, or unknown cause, as 
applicable) and the corrective action taken; and
    (B) An estimate of the quantity of each regulated pollutant emitted 
over any emission limit and a description of the method used to 
estimate the emissions.
    (iii) A summary of the total duration (in hours) of the deviations 
that occurred during the reporting period by cause (characterized as 
startup, shutdown, control equipment problems, process problems, other 
known causes, and unknown causes) and the cumulative duration of 
deviations during the reporting period across all causes both in hours 
and as a percent of

[[Page 54425]]

the total source operating time during the reporting period.
    (8) For each continuous monitoring system (including a CPMS or 
CEMS) used to comply with the emissions limitation or work practice 
standard in this subpart that was inoperable or out-of-control during 
any portion of the reporting period, you must include the information 
specified in paragraphs (b)(8)(i) through (vi) of this section. This 
requirement includes periods of startup, shutdown, and malfunction.
    (i) A brief description of the continuous monitoring system, 
including manufacturer and model number.
    (ii) The date of the latest continuous monitoring system 
certification or audit.
    (iii) A brief description and the total operating time of the 
affected source or equipment that is monitored by the continuous 
monitoring system during the reporting period.
    (iv) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (v) For each period for which the continuous monitoring system was 
inoperable or out-of-control during the reporting period, report:
    (A) The date, start time, and duration (in hours) of the deviation;
    (B) The type of deviation (inoperable or out-of-control); and
    (C) The cause of deviation (characterized as monitoring system 
malfunctions, non-monitoring equipment malfunctions, quality assurance/
quality control calibrations, other known causes, and unknown causes, 
as applicable) and the corrective action taken.
    (vi) A summary of the total duration (in hours) of the deviations 
that occurred during the reporting period by cause (characterized as 
monitoring system malfunctions, non-monitoring equipment malfunctions, 
quality assurance/quality control calibrations, other known causes, and 
unknown causes) and the cumulative duration of deviations during the 
reporting period across all causes both in hours and as a percent of 
the total source operating time during the reporting period.
    (c) [Reserved]
* * * * *
    (e) Compliance report submission requirements. Prior to [DATE 6 
MONTHS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal 
Register], you must submit semiannual compliance reports to the 
Administrator as specified in Sec.  63.13. Beginning on [DATE 6 MONTHS 
AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register], 
you must submit all subsequent semiannual compliance reports to the EPA 
via the Compliance and Emissions Data Reporting Interface (CEDRI), 
which can be accessed through the EPA's Central Data Exchange (CDX) 
(https://cdx.epa.gov/). You must use the appropriate electronic report 
template on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for this subpart. The date report templates become 
available will be listed on the CEDRI website. The report must be 
submitted by the deadline specified in this subpart, regardless of the 
method in which the report is submitted. If you claim some of the 
information required to be submitted via CEDRI is confidential business 
information (CBI), submit a complete report, including information 
claimed to be CBI, to the EPA. The report must be generated using the 
appropriate form on the CEDRI website or an alternate electronic file 
consistent with the extensible markup language (XML) schema listed on 
the CEDRI website. Submit the file on a compact disc, flash drive, or 
other commonly used electronic storage medium and clearly mark the 
medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI 
Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 
4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted 
must be submitted to the EPA via the EPA's CDX as described earlier in 
this paragraph.
    (f) Performance test results submission requirements. Within 60 
days after the date of completing each performance test required by 
this subpart, you must submit the results of the performance test 
following the procedures specified in paragraphs (f)(1) through (3) of 
this section.
    (1) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the 
performance test to the EPA via the CEDRI, which can be accessed 
through the EPA's CDX (https://cdx.epa.gov/). The data must be 
submitted in a file format generated through the use of the EPA's ERT. 
Alternatively, you may submit an electronic file consistent with the 
XML schema listed on the EPA's ERT website.
    (2) Data collected using test methods that are not supported by the 
EPA's ERT as listed on the EPA's ERT website at the time of the test. 
The results of the performance test must be included as an attachment 
in the ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT website. Submit the ERT generated 
package or alternative file to the EPA via CEDRI.
    (3) Confidential business information (CBI). If you claim some of 
the information submitted under paragraph (e)(1) of this section is 
CBI, you must submit a complete file, including information claimed to 
be CBI, to the EPA. The file must be generated through the use of the 
EPA's ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT website. Submit the file on a compact 
disc, flash drive, or other commonly used electronic storage medium and 
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described in paragraph (f)(1) of this section.
    (g) Performance evaluation results submission requirements. Within 
60 days after the date of completing each continuous monitoring system 
(CMS) performance evaluation (as defined in Sec.  63.2), you must 
submit the results of the performance evaluation following the 
procedures specified in paragraphs (g)(1) through (3) of this section.
    (1) Performance evaluations of CMS measuring relative accuracy test 
audit (RATA) pollutants that are supported by the EPA's ERT as listed 
on the EPA's ERT website at the time of the evaluation. Submit the 
results of the performance evaluation to the EPA via CEDRI, which can 
be accessed through the EPA's CDX. The data must be submitted in a file 
format generated through the use of the EPA's ERT. Alternatively, you 
may submit an electronic file consistent with the XML schema listed on 
the EPA's ERT website.
    (2) Performance evaluations of CMS measuring RATA pollutants that 
are not supported by the EPA's ERT as listed on the EPA's ERT website 
at the time of the evaluation. The results of the performance 
evaluation must be included as an attachment in the ERT or an alternate 
electronic file consistent with the XML schema listed on the EPA's ERT 
website. Submit the ERT generated package or alternative file to the 
EPA via CEDRI.
    (3) Confidential business information (CBI). If you claim some of 
the

[[Page 54426]]

information submitted under paragraph (f)(1) of this section is CBI, 
you must submit a complete file, including information claimed to be 
CBI, to the EPA. The file must be generated through the use of the 
EPA's ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT website. Submit the file on a compact 
disc, flash drive, or other commonly used electronic storage medium and 
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described in paragraph (g)(1) of this section.
    (h) Claims of EPA system outage. If you are required to 
electronically submit a report through CEDRI in the EPA's CDX, you may 
assert a claim of EPA system outage for failure to timely comply with 
the reporting requirement. To assert a claim of EPA system outage, you 
must meet the requirements outlined in paragraphs (h)(1) through (7) of 
this section.
    (1) You must have been or will be precluded from accessing CEDRI 
and submitting a required report within the time prescribed due to an 
outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning five business days prior to the date that the submission is 
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have 
already met the reporting requirement at the time of the notification, 
the date you reported.
    (6) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.
    (7) In any circumstance, the report must be submitted 
electronically as soon as possible after the outage is resolved.
    (i) Claims of force majeure. If you are required to electronically 
submit a report through CEDRI in the EPA's CDX, you may assert a claim 
of force majeure for failure to timely comply with the reporting 
requirement. To assert a claim of force majeure, you must meet the 
requirements outlined in paragraphs (i)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior 
to the date the submission is due. For the purposes of this section, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, 
its contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have 
already met the reporting requirement at the time of the notification, 
the date you reported.
    (4) The decision to accept the claim of force majeure and allow an 
extension to the reporting deadline is solely within the discretion of 
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as 
possible after the force majeure event occurs.
0
7. Section 63.7752 is amended by:
0
a. Revising paragraph (a)(2);
0
b. Revising paragraphs (b)(2) and (4); and
0
c. Adding paragraphs (d) and (e).
    The revisions and additions read as follows:


Sec.  63.7752   What records must I keep?

    (a) * * *
    (2) Records of required maintenance performed on the air pollution 
control and monitoring equipment as required by Sec.  63.10(b)(2)(iii).
* * * * *
    (b) * * *
    (2) Records of the site-specific performance evaluation test plan 
required under Sec.  63.8(d)(2) for the life of the affected source or 
until the affected source is no longer subject to the provisions of 
this part, to be made available for inspection, upon request, by the 
Administrator. If the performance evaluation plan is revised, you shall 
keep previous (i.e., superseded) versions of the performance evaluation 
plan on record to be made available for inspection, upon request, by 
the Administrator, for a period of 5 years after each revision to the 
plan. The program of corrective action should be included in the plan 
as required under Sec.  63.8(d)(2)(vi).
* * * * *
    (4) Records of the date and time that each deviation started and 
stopped.
* * * * *
    (d) You must keep the following records for each failure to meet an 
emissions limitation (including operating limit), work practice 
standard, or operation and maintenance requirement in this subpart.
    (1) Date, start time and duration of each failure.
    (2) List of the affected sources or equipment for each failure, an 
estimate of the quantity of each regulated pollutant emitted over any 
emission limit and a description of the method used to estimate the 
emissions.
    (3) Actions taken to minimize emissions in accordance with Sec.  
63.7710(a), and any corrective actions taken to return the affected 
unit to its normal or usual manner of operation.
    (e) Any records required to be maintained by this part that are 
submitted electronically via the EPA's CEDRI may be maintained in 
electronic format. This ability to maintain electronic copies does not 
affect the requirement for facilities to make records, data, and 
reports available upon request to a delegated air agency or the EPA as 
part of an on-site compliance evaluation.
0
 8. Section 63.7761 is amended by revising paragraph (c) introductory 
text and adding paragraph (c)(5) to read as follows:


Sec.  63.7761   Who implements and enforces this subpart?

* * * * *
    (c) The authorities that cannot be delegated to state, local, or 
tribal

[[Page 54427]]

agencies are specified in paragraphs (c)(1) through (5) of this 
section.
* * * * *
    (5) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.
0
 9. Section 63.7765 is amended by revising the definitions of 
``Deviation'' and ``Off blast'' to read as follows:


Sec.  63.7765   What definitions apply to this subpart?

* * * * *
    Deviation means any instance in which an affected source or an 
owner or operator of such an affected source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emissions limitation 
(including operating limits), work practice standard, or operation and 
maintenance requirement; or
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any iron and steel foundry 
required to obtain such a permit.
    A deviation is not always a violation. The determination of whether 
a deviation constitutes a violation of the standard is up to the 
discretion of the entity responsible for enforcement of the standards.
* * * * *
    Off blast means those periods of cupola operation when the cupola 
is not actively being used to produce molten metal. Off blast 
conditions include cupola startup when air is introduced to the cupola 
to preheat the sand bed and other cupola startup procedures. Off blast 
conditions also include idling conditions when the blast air is turned 
off or down to the point that the cupola does not produce additional 
molten metal.
* * * * *
0
10. Table 1 to subpart EEEEE is revised to read as follows:

            Table 1 to Subpart EEEEE of Part 63--Applicability of General Provisions to Subpart EEEEE
    [As stated in Sec.   63.7760, you must meet each requirement in the following table that applies to you]
----------------------------------------------------------------------------------------------------------------
                                                                   Applies to subpart
               Citation                        Subject                   EEEEE?                Explanation
----------------------------------------------------------------------------------------------------------------
63.1.................................  Applicability..........  Yes....................
63.2.................................  Definitions............  Yes....................
63.3.................................  Units and abbreviations  Yes....................
63.4.................................  Prohibited activities..  Yes....................
63.5.................................  Construction/            Yes....................
                                        reconstruction.
63.6(a) through (d)..................  Compliance               Yes....................
                                        applicability and
                                        dates.
63.6(e)..............................  Operating and            No.....................  Subpart EEEEE specifies
                                        maintenance                                       operating and
                                        requirements.                                     maintenance
                                                                                          requirements.
63.6(f)(1)...........................  Applicability of non-    No.....................  Subpart EEEEE specifies
                                        opacity emission                                  applicability of non-
                                        standards.                                        opacity emission
                                                                                          standards.
63.6(f)(2) through (3)...............  Methods and finding of   Yes....................
                                        compliance with non-
                                        opacity emission
                                        standards.
63.6(g)..............................  Use of an alternative    Yes....................
                                        nonopacity emission
                                        standard.
63.6(h)(1)...........................  Applicability of         No.....................  Subpart EEEEE specifies
                                        opacity and visible                               applicability of
                                        emissions standards.                              opacity and visible
                                                                                          emission standards.
63.6(h)(2) through (9)...............  Methods and other        Yes....................
                                        requirements for
                                        opacity and visible
                                        emissions standards.
63.6(i) through (j)..................  Compliance extension     Yes....................
                                        and Presidential
                                        compliance exemption.
63.7(a)(1) through (2)...............  Applicability and        No.....................  Subpart EEEEE specifies
                                        performance test dates.                           applicability and
                                                                                          performance test
                                                                                          dates.
63.7(a)(3) through (4)...............  Administrators rights    Yes....................
                                        to require a
                                        performance test and
                                        force majeure
                                        provisions.
63.7(b) through (d)..................  Notification of          Yes....................
                                        performance test,
                                        quality assurance
                                        program, and testing
                                        facilities.
63.7(e)(1)...........................  Performance test         No.....................  Subpart EEEEE specifies
                                        conditions.                                       performance test
                                                                                          conditions.
63.7(e)(2) through (4), (f) through    Other performance        Yes....................
 (h).                                   testing requirements.
63.8(a)(1) through (3), (b),           Monitoring requirements  Yes....................
 (c)(1)(ii), (c)(2) through (3),
 (c)(6) through (8), (d)(1) through
 (2).
63.8(a)(4)...........................  Additional monitoring    No.....................  Subpart EEEEE does not
                                        requirements for                                  require flares.
                                        control devices in
                                        Sec.   63.11.
63.8(c)(1)(i), (c)(1)(iii)...........  Operation and            No.....................  40 CFR 63.8 requires
                                        maintenance of                                    good air pollution
                                        continuous monitoring                             control practices and
                                        systems.                                          sets out the
                                                                                          requirements of a
                                                                                          quality control
                                                                                          program for monitoring
                                                                                          equipment.
63.8(c)(4)...........................  Continuous monitoring    No.....................  Subpart EEEEE specifies
                                        system (CMS)                                      requirements for
                                        requirements.                                     operation of CMS and
                                                                                          CEMS.
63.8(c)(5)...........................  Continuous opacity       No.....................  Subpart EEEEE does not
                                        monitoring system                                 require COMS.
                                        (COMS) Minimum
                                        Procedures.

[[Page 54428]]

 
63.8(d)(3)...........................  Quality control program  No.....................  Subpart EEEEE specifies
                                                                                          records that must be
                                                                                          kept associated with
                                                                                          site-specific
                                                                                          performance evaluation
                                                                                          test plan.
63.8(e), (f)(1) through (6), (g)(1)    Performance evaluations  Yes....................  Subpart EEEEE specifies
 through (4).                           and alternative                                   requirements for
                                        monitoring.                                       alternative monitoring
                                                                                          systems.
63.8(g)(5)...........................  Data reduction.........  No.....................  Subpart EEEEE specifies
                                                                                          data reduction
                                                                                          requirements.
63.9.................................  Notification             Yes....................  Except: For opacity
                                        requirements.                                     performance tests,
                                                                                          Subpart EEEEE allows
                                                                                          the notification of
                                                                                          compliance status to
                                                                                          be submitted with the
                                                                                          semiannual compliance
                                                                                          report or the
                                                                                          semiannual part 70
                                                                                          monitoring report.
63.10(a),(b)(1), (b)(2)(iii) and (vi)  Recordkeeping and        Yes....................  Additional records for
 through (xiv), (b)(3), (c)(1)          reporting requirements.                           CMS in Sec.
 through (6), (c)(9) through (14),                                                        63.10(c)(1) through
 (d)(1) through (4), (e)(1) through                                                       (6), (9) through (15)
 (2), (f).                                                                                apply only to CEMS.
63.10(b)(2)(i), (ii), (iv) and (v)...  Recordkeeping for        No.....................
                                        startup, shutdown, and
                                        malfunction events.
63.10(c)(7), (8) and (15)............  Records of excess        No.....................  Subpart EEEEE specifies
                                        emissions and                                     records requirements.
                                        parameter monitoring
                                        exceedances for CMS.
63.10(d)(5)..........................  Periodic startup,        No.....................
                                        shutdown, and
                                        malfunction reports.
63.10(e)(3)..........................  Excess emissions         No.....................  Subpart EEEEE specifies
                                        reports.                                          reporting
                                                                                          requirements.
63.10(e)(4)..........................  Reporting COMS data....  No.....................  Subpart EEEEE data does
                                                                                          not require COMS.
63.11................................  Control device           No.....................  Subpart EEEEE does not
                                        requirements.                                     require flares.
63.12................................  State authority and      Yes....................
                                        delegations.
63.13-63.15..........................  Addresses of State air   Yes....................
                                        pollution control
                                        agencies and EPA
                                        regional offices.
                                        Incorporation by
                                        reference.
                                        Availability of
                                        information and
                                        confidentiality.
----------------------------------------------------------------------------------------------------------------

Subpart ZZZZZ--National Emission Standards for Hazardous Air 
Pollutants for Iron and Steel Foundries Area Sources

0
11. Section 63.10885 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  63.10885   What are my management practices for metallic scrap 
and mercury switches?

    (a) * * *
    (1) Restricted metallic scrap. You must prepare and operate at all 
times according to written material specifications for the purchase and 
use of only metal ingots, pig iron, slitter, or other materials that do 
not include post-consumer automotive body scrap, post-consumer engine 
blocks, post-consumer oil filters, oily turnings, lead components, 
chlorinated plastics, or free liquids. For the purpose of this subpart, 
``free liquids'' is defined as material that fails the paint filter 
test by EPA Method 9095B, ``Paint Filter Liquids Test'' (incorporated 
by reference--see Sec.  63.14). The requirements for no free liquids do 
not apply if the owner or operator can demonstrate that the free liquid 
is water that resulted from scrap exposure to rain. Any post-consumer 
engine blocks, post-consumer oil filters, or oily turnings that are 
processed and/or cleaned to the extent practicable such that the 
materials do not include lead components, mercury switches, chlorinated 
plastics, or free organic liquids can be included in this 
certification.
* * * * *
0
12. Section 63.10890 is amended by:
0
a. Revising paragraph (c) introductory text;
0
b. Revising paragraphs (d), (e)(3), (f) and (i); and
0
c. Adding paragraph (j).
    The revisions and additions read as follows:


Sec.  63.10890   What are my management practices and compliance 
requirements?

* * * * *
    (c) You must submit a notification of compliance status according 
to Sec.  63.9(h)(2)(i). You must send the notification of compliance 
status before the close of business on the 30th day after the 
applicable compliance date specified in Sec.  63.10881. The 
notification must include the following compliance certifications, as 
applicable:
* * * * *
    (d) As required by Sec.  63.10(b)(1), you must maintain files of 
all information (including all reports and notifications) for at least 
5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record. At a minimum, the 
most recent 2 years of data shall be retained on site. The remaining 3 
years of data may be retained off site. Such files may be maintained on 
microfilm, on a computer, on computer floppy disks, on magnetic tape 
disks, or on microfiche. Any records required to be maintained

[[Page 54429]]

by this part that are submitted electronically via the EPA's Compliance 
and Emissions Data Reporting Interface (CEDRI) may be maintained in 
electronic format. This ability to maintain electronic copies does not 
affect the requirement for facilities to make records, data, and 
reports available upon request to a delegated air agency or the EPA as 
part of an on-site compliance evaluation.
    (e) * * *
    (3) If you are subject to the requirements for a site-specific plan 
for mercury switch removal under Sec.  63.10885(b)(1), you must 
maintain records of the number of mercury switches removed or the 
weight of mercury recovered from the switches and properly managed, the 
estimated number of vehicles processed, and an estimate of the percent 
of mercury switches recovered.
* * * * *
    (f) You must submit semiannual compliance reports to the 
Administrator according to the requirements in Sec.  63.10899(c), (f), 
and (g), except that Sec.  63.10899(c)(5) and (7) do not apply.
* * * * *
    (i) At all times, you must operate and maintain any affected 
source, including associated air pollution control equipment and 
monitoring equipment, in a manner consistent with safety and good air 
pollution control practices for minimizing emissions.
    (j) You must comply with the following requirements of the General 
Provisions (40 CFR part 63, subpart A): Sec. Sec.  63.1 through 63.5; 
Sec.  63.6(a), (b), and (c); Sec.  63.9; Sec.  63.10(a), (b)(1), 
(b)(2)(xiv), (b)(3), (d)(1), (d)(4), and (f); and Sec. Sec.  63.13 
through 63.16. Requirements of the General Provisions not cited in the 
preceding sentence do not apply to the owner or operator of a new or 
existing affected source that is classified as a small foundry.
0
13. Section 63.10896 is amended by adding paragraph (c) to read as 
follows:


Sec.  63.10896   What are my operation and maintenance requirements?

* * * * *
    (c) At all times, you must operate and maintain any affected 
source, including associated air pollution control equipment and 
monitoring equipment, in a manner consistent with safety and good air 
pollution control practices for minimizing emissions.
0
 14. Section 63.10897 is amended by adding paragraph (d)(3) 
introductory text and revising paragraph (g) to read as follows:


Sec.  63.10897   What are my monitoring requirements?

* * * * *
    (d) * * *
    (3) In the event that a bag leak detection system alarm is 
triggered, you must initiate corrective action to determine the cause 
of the alarm within 1 hour of the alarm, initiate corrective action to 
correct the cause of the problem within 24 hours of the alarm, and 
complete corrective action as soon as practicable, but no later than 10 
calendar days from the date of the alarm. You must record the date and 
time of each valid alarm, the time you initiated corrective action, the 
corrective action taken, and the date on which corrective action was 
completed. Corrective actions may include, but are not limited to:
* * * * *
    (g) In the event of an exceedance of an established emissions 
limitation (including an operating limit), you must restore operation 
of the emissions source (including the control device and associated 
capture system) to its normal or usual manner or operation as 
expeditiously as practicable in accordance with good air pollution 
control practices for minimizing emissions. The response shall include 
taking any necessary corrective actions to restore normal operation and 
prevent the likely recurrence of the exceedance. You must record the 
date and time corrective action was initiated, the corrective action 
taken, and the date corrective action was completed.
* * * * *
0
 15. Section 63.10898 is amended by revising paragraph (c) to read as 
follows:


Sec.  63.10898   What are my performance test requirements?

* * * * *
    (c) You must conduct each performance test under conditions 
representative of normal operations according to the requirements in 
Table 1 to this subpart and paragraphs (d) through (g) of this section. 
Normal operating conditions exclude periods of startup and shutdown. 
You may not conduct performance tests during periods of malfunction. 
You must record the process information that is necessary to document 
operating conditions during the test and include in such record an 
explanation to support that such conditions represent normal operation. 
Upon request, you shall make available to the Administrator such 
records as may be necessary to determine the conditions of performance 
tests.
* * * * *
0
 16. Section 63.10899 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraph (b) introductory text and paragraph (b)(2);
0
c. Adding paragraphs (b)(14) and (15);
0
d. Revising paragraph (c); and
0
e. Adding paragraphs (e) through (g).
    The revisions and additions read as follows:


Sec.  63.10899   What are my recordkeeping and reporting requirements?

    (a) As required by Sec.  63.10(b)(1), you must maintain files of 
all information (including all reports and notifications) for at least 
5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record. At a minimum, the 
most recent 2 years of data shall be retained on site. The remaining 3 
years of data may be retained off site. Such files may be maintained on 
microfilm, on a computer, on computer floppy disks or flash drives, on 
magnetic tape disks, or on microfiche. Any records required to be 
maintained by this part that are submitted electronically via the EPA's 
CEDRI may be maintained in electronic format. This ability to maintain 
electronic copies does not affect the requirement for facilities to 
make records, data, and reports available upon request to a delegated 
air agency or the EPA as part of an on-site compliance evaluation.
* * * * *
    (b) In addition to the records required by 40 CFR 63.10(b)(2)(iii), 
(vi) through (xiv), and (b)(3), you must keep records of the 
information specified in paragraphs (b)(1) through (15) of this 
section.
* * * * *
    (2) If you are subject to the requirements for a site-specific plan 
for mercury under Sec.  63.10885(b)(1), you must maintain records of 
the number of mercury switches removed or the weight of mercury 
recovered from the switches and properly managed, the estimated number 
of vehicles processed, and an estimate of the percent of mercury 
switches recovered.
* * * * *
    (14) You must keep records of the site-specific performance 
evaluation test plan required under Sec.  63.8(d)(2) for the life of 
the affected source or until the affected source is no longer subject 
to the provisions of this part, to be made available for inspection, 
upon request, by the Administrator. If the performance evaluation plan 
is revised, you shall keep previous (i.e., superseded) versions of the 
performance evaluation plan on record to be made available for 
inspection, upon request, by the

[[Page 54430]]

Administrator, for a period of 5 years after each revision to the plan. 
The program of corrective action should be included in the plan as 
required under Sec.  63.8(d)(2)(vi).
    (15) You must keep the following records for each failure to meet 
an emissions limitation (including operating limit), work practice 
standard, or operation and maintenance requirement in this subpart.
    (i) Date, start time, and duration of each failure;
    (ii) List of the affected sources or equipment for each failure, an 
estimate of the quantity of each regulated pollutant emitted over any 
emission limit and a description of the method used to estimate the 
emissions.
    (iii) Actions taken to minimize emissions in accordance with Sec.  
63.10896(c), and any corrective actions taken to return the affected 
unit to its normal or usual manner of operation.
    (c) Prior to [DATE 6 MONTHS AFTER DATE OF PUBLICATION OF FINAL RULE 
IN THE Federal Register], you must submit semiannual compliance reports 
to the Administrator according to the requirements in Sec.  63.13. 
Beginning on [DATE 6 MONTHS AFTER DATE OF PUBLICATION OF FINAL RULE IN 
THE Federal Register], you must submit all subsequent semiannual 
compliance reports to the EPA via the CEDRI, which can be accessed 
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). 
You must use the appropriate electronic report template on the CEDRI 
website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for this 
subpart. The date report templates become available will be listed on 
the CEDRI website. The report must be submitted by the deadline 
specified in this subpart, regardless of the method in which the report 
is submitted. If you claim some of the information required to be 
submitted via CEDRI is confidential business information (CBI), submit 
a complete report, including information claimed to be CBI, to the EPA. 
The report must be generated using the appropriate form on the CEDRI 
website or an alternate electronic file consistent with the extensible 
markup language (XML) schema listed on the CEDRI website. Submit the 
file on a compact disc, flash drive, or other commonly used electronic 
storage medium and clearly mark the medium as CBI. Mail the electronic 
medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, 
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 
27703. The same file with the CBI omitted must be submitted to the EPA 
via the EPA's CDX as described earlier in this paragraph. The reports 
must include the information specified in paragraphs (c)(1) through (3) 
of this section and, as applicable, paragraphs (c)(4) through (9) of 
this section.
    (1) Company name and address.
    (2) Statement by a responsible official, with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If there were no deviations from any emissions limitations 
(including operating limits, pollution prevention management practices, 
or operation and maintenance requirements), a statement that there were 
no deviations from the emissions limitations, pollution prevention 
management practices, or operation and maintenance requirements during 
the reporting period.
    (5) If there were no periods during which a continuous monitoring 
system (including a CPMS or CEMS) was inoperable or out-of-control as 
specified by Sec.  63.8(c)(7), a statement that there were no periods 
during which the CPMS was inoperable or out-of-control during the 
reporting period.
    (6) For each affected source or equipment for which there was a 
deviation from an emissions limitation (including an operating limit, 
pollution prevention management practice, or operation and maintenance 
requirement) that occurs at an iron and steel foundry during the 
reporting period, the compliance report must contain the information 
specified in paragraphs (c)(6)(i) through (iii) of this section. This 
requirement includes periods of startup, shutdown, and malfunction.
    (i) A list of the affected source or equipment and the total 
operating time of each emissions source during the reporting period.
    (ii) For each deviation from an emissions limitation (including an 
operating limit, pollution prevention management practice, or operation 
and maintenance requirement) that occurs at an iron and steel foundry 
during the reporting period, report:
    (A) The date, start time, duration (in hours), and cause of each 
deviation (characterized as either startup, shutdown, control equipment 
problem, process problem, other known cause, or unknown cause, as 
applicable) and the corrective action taken; and
    (B) An estimate of the quantity of each regulated pollutant emitted 
over any emission limit and a description of the method used to 
estimate the emissions.
    (iii) A summary of the total duration (in hours) of the deviations 
that occurred during the reporting period by cause (characterized as 
startup, shutdown, control equipment problems, process problems, other 
known causes, and unknown causes) and the cumulative duration of 
deviations during the reporting period across all causes both in hours 
and as a percent of the total source operating time during the 
reporting period.
    (7) For each continuous monitoring system (including a CPMS or 
CEMS) used to comply with the emissions limitation or work practice 
standard in this subpart that was inoperable or out-of-control during 
any portion of the reporting period, you must include the information 
specified in paragraphs (c)(7)(i) through (vi) of this section. This 
requirement includes periods of startup, shutdown, and malfunction.
    (i) A brief description of the continuous monitoring system, 
including manufacturer and model number.
    (ii) The date of the latest continuous monitoring system 
certification or audit.
    (iii) A brief description and the total operating time of the 
affected source or equipment that is monitored by the continuous 
monitoring system during the reporting period.
    (iv) A description of any changes in continuous monitoring systems, 
processes, or controls since the last reporting period.
    (v) For each period for which the continuous monitoring system was 
inoperable or out-of-control during the reporting period, report:
    (A) The date, start time, and duration (in hours) of the deviation;
    (B) The type of deviation (inoperable or out-of-control); and
    (C) The cause of deviation (characterized as monitoring system 
malfunctions, non-monitoring equipment malfunctions, quality assurance/
quality control calibrations, other known causes, and unknown causes, 
as applicable) and the corrective action taken.
    (vi) A summary of the total duration (in hours) of the deviations 
that occurred during the reporting period by cause (characterized as 
monitoring system malfunctions, non-monitoring equipment malfunctions, 
quality assurance/quality control calibrations, other known causes, and 
unknown causes) and the cumulative duration of deviations during the 
reporting period across all causes both in hours and as a percent of 
the total source operating time during the reporting period.

[[Page 54431]]

    (8) Identification of which option in Sec.  63.10885(b) applies to 
you. If you comply with the mercury requirements in Sec.  63.10885(b) 
by using one scrap provider, contract, or shipment subject to one 
compliance provision and others subject to another compliance provision 
different, provide an identification of which option in Sec.  
63.10885(b) applies to each scrap provider, contract, or shipment.
    (9) If you are subject to the requirements for a site-specific plan 
for mercury under Sec.  63.10885(b)(1), include:
    (i) The number of mercury switches removed or the weight of mercury 
recovered from the switches and properly managed, the estimated number 
of vehicles processed, an estimate of the percent of mercury switches 
recovered;
    (ii) A certification that the recovered mercury switches were 
recycled at RCRA-permitted facilities; and
    (iii) A certification that you have conducted periodic inspections 
or taken other means of corroboration as required under Sec.  
63.10885(b)(1)(ii)(C).
* * * * *
    (e) Within 60 days after the date of completing each performance 
test required by this subpart, you must submit the results of the 
performance test following the procedures specified in paragraphs 
(e)(1) through (3) of this section.
    (1) Data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the 
performance test to the EPA via the CEDRI, which can be accessed 
through the EPA's CDX (https://cdx.epa.gov/). The data must be 
submitted in a file format generated through the use of the EPA's ERT. 
Alternatively, you may submit an electronic file consistent with the 
XML schema listed on the EPA's ERT website.
    (2) Data collected using test methods that are not supported by the 
EPA's ERT as listed on the EPA's ERT website at the time of the test. 
The results of the performance test must be included as an attachment 
in the ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT website. Submit the ERT generated 
package or alternative file to the EPA via CEDRI.
    (3) Confidential business information (CBI). If you claim some of 
the information submitted under paragraph (e)(1) of this section is 
CBI, you must submit a complete file, including information claimed to 
be CBI, to the EPA. The file must be generated through the use of the 
EPA's ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT website. Submit the file on a compact 
disc, flash drive, or other commonly used electronic storage medium and 
clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file 
with the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described in paragraph (e)(1) of this section.
    (f) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for 
failure to timely comply with the reporting requirement. To assert a 
claim of EPA system outage, you must meet the requirements outlined in 
paragraphs (f)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI 
and submitting a required report within the time prescribed due to an 
outage of either the EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time 
beginning five business days prior to the date that the submission is 
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (5) You must provide to the Administrator a written description 
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the 
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have 
already met the reporting requirement at the time of the notification, 
the date you reported.
    (6) The decision to accept the claim of EPA system outage and allow 
an extension to the reporting deadline is solely within the discretion 
of the Administrator.
    (7) In any circumstance, the report must be submitted 
electronically as soon as possible after the outage is resolved.
    (g) Claims of force majeure. If you are required to electronically 
submit a report through CEDRI in the EPA's CDX, you may assert a claim 
of force majeure for failure to timely comply with the reporting 
requirement. To assert a claim of force majeure, you must meet the 
requirements outlined in paragraphs (g)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to 
occur, occurs, or has occurred or there are lingering effects from such 
an event within the period of time beginning five business days prior 
to the date the submission is due. For the purposes of this section, a 
force majeure event is defined as an event that will be or has been 
caused by circumstances beyond the control of the affected facility, 
its contractors, or any entity controlled by the affected facility that 
prevents you from complying with the requirement to submit a report 
electronically within the time period prescribed. Examples of such 
events are acts of nature (e.g., hurricanes, earthquakes, or floods), 
acts of war or terrorism, or equipment failure or safety hazard beyond 
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as 
soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or has caused a 
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the 
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in 
reporting; and
    (iv) The date by which you propose to report, or if you have 
already met the reporting requirement at the time of the notification, 
the date you reported.
0
17. Section 63.10905 is amended by revising paragraph (c) introductory 
text and adding paragraph (c)(7) to read as follows:


Sec.  63.10905   Who implements and enforces this subpart?

* * * * *
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are specified in paragraphs (c)(1) through (7) of this 
section.
* * * * *
    (7) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.
0
18. Section 63.10906 is amended by revising the definition of 
``Deviation'' to read as follows:

[[Page 54432]]

Sec.  63.10906   What definitions apply to this subpart?

* * * * *
    Deviation means any instance in which an affected source or an 
owner or operator of such an affected source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emissions limitation 
(including operating limits), management practice, or operation and 
maintenance requirement; or
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any iron and steel foundry 
required to obtain such a permit.
* * * * *
0
19. Table 3 to subpart ZZZZZ is revised to read as follows:

  Table 3 to Subpart ZZZZZ of Part 63--Applicability of General Provisions to New and Existing Affected Sources
                                          Classified as Large Foundries
  As required in Sec.   63.10900(a), you must meet each requirement in the following table that applies to you:
----------------------------------------------------------------------------------------------------------------
                                                                    Applies to large
               Citation                        Subject                  foundry?               Explanation
----------------------------------------------------------------------------------------------------------------
63.1.................................  Applicability..........  Yes....................
63.2.................................  Definitions............  Yes....................
63.3.................................  Units and abbreviations  Yes....................
63.4.................................  Prohibited activities..  Yes....................
63.5.................................  Construction/            Yes....................
                                        reconstruction.
63.6(a) through (d)..................  Compliance               Yes....................
                                        applicability and
                                        dates.
63.6(e)..............................  Operating and            No.....................  Subpart ZZZZZ specifies
                                        maintenance                                       operating and
                                        requirements.                                     maintenance
                                                                                          requirements.
63.6(f)(1)...........................  Applicability of non-    No.....................  Subpart ZZZZZ specifies
                                        opacity emission                                  applicability of non-
                                        standards.                                        opacity emission
                                                                                          standards.
63.6(f)(2) through (3)...............  Methods and finding of   Yes....................
                                        compliance with non-
                                        opacity emission
                                        standards.
63.6(g)..............................  Use of an alternative    Yes....................
                                        nonopacity emission
                                        standard.
63.6(h)(1)...........................  Applicability of         No.....................  Subpart ZZZZZ specifies
                                        opacity and visible                               applicability of
                                        emissions standards.                              opacity and visible
                                                                                          emission standards
63.6(h)(2) through (9)...............  Methods and other        Yes....................
                                        requirements for
                                        opacity and visible
                                        emissions standards.
63.6(i) through (j)..................  Compliance extension     Yes....................
                                        and Presidential
                                        compliance exemption.
63.7(a)(1) through (2)...............  Applicability and        No.....................  Subpart ZZZZZ specifies
                                        performance test dates.                           applicability and
                                                                                          performance test
                                                                                          dates.
63.7(a)(3) through (4)...............  Administrators rights    Yes....................
                                        to require a
                                        performance test and
                                        force majeure
                                        provisions.
63.7(b) through (d)..................  Notification of          Yes....................
                                        performance test,
                                        quality assurance
                                        program, and testing
                                        facilities.
63.7(e)(1)...........................  Performance test         No.....................  Subpart ZZZZZ specifies
                                        conditions.                                       performance test
                                                                                          conditions.
63.7(e)(2) through (4), (f) through    Other performance        Yes....................
 (h).                                   testing requirements.
63.8(a)(1) through (3), (b),           Monitoring requirements  Yes....................
 (c)(1)(ii), (c)(2) through (3),
 (c)(6) through (8), (d)(1) through
 (2), (e), (f)(1) through (6), (g)(1)
 through (4).
63.8(a)(4)...........................  Additional monitoring    No.....................
                                        requirements for
                                        control devices in
                                        Sec.   63.11.
63.8(c)(1)(i), (c)(1)(iii)...........  Operation and            No.....................  40 CFR 63.8 requires
                                        maintenance of                                    good air pollution
                                        continuous monitoring                             control practices and
                                        systems.                                          sets out the
                                                                                          requirements of a
                                                                                          quality control
                                                                                          program for monitoring
                                                                                          equipment.
63.8(c)(4)...........................  Continuous monitoring    No.....................
                                        system (CMS)
                                        requirements.
63.8(c)(5)...........................  Continuous opacity       No.....................
                                        monitoring system
                                        (COMS) minimum
                                        procedures.
63.8(d)(3)...........................  Quality control program  No.....................  Subpart ZZZZZ specifies
                                                                                          records that must be
                                                                                          kept associated with
                                                                                          site-specific
                                                                                          performance evaluation
                                                                                          test plan.
(e), (f)(1) through (6), (g)(1)        Performance evaluations  Yes....................
 through (4).                           and alternative
                                        monitoring.
63.8(g)(5)...........................  Data reduction.........  No.....................
63.9.................................  Notification             Yes....................  Except for opacity
                                        requirements.                                     performance tests.
63.10(a), (b)(1),(b)(2)(xii) through   Recordkeeping and        Yes....................
 (xiv), (b)(3), (d)(1) through (4),     reporting requirements.
 (e)(1) through (2), (f).

[[Page 54433]]

 
63.10(b)(2)(i) through (xi)..........  Malfunction and CMS      No.....................
                                        records.
63.10(c).............................  Additional records for   No.....................  Subpart ZZZZZ specifies
                                        CMS.                                              records requirements.
63.10(d)(5)..........................  Periodic startup,        No.....................
                                        shutdown, and
                                        malfunction reports.
63.10(e)(3)..........................  Excess emissions         No.....................  Subpart ZZZZZ specifies
                                        reports.                                          reporting
                                                                                          requirements.
63.10(e)(4)..........................  Reporting COMS data....  No.....................
63.11................................  Control device           No.....................
                                        requirements.
63.12................................  State authority and      Yes....................
                                        delegations.
63.13 through 63.16..................  Addresses of State air   Yes....................
                                        pollution control
                                        agencies and EPA
                                        regional offices.
                                        Incorporation by
                                        reference.
                                        Availability of
                                        information and
                                        confidentiality.
                                        Performance track
                                        provisions.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-20422 Filed 10-8-19; 8:45 am]
BILLING CODE 6560-50-P