Air Plan Approval; Virginia; Revised RACT Permit for Roanoke Electric Steel/Steel Dynamics, Inc., 30545-30548 [2021-11923]
Agencies
[Federal Register Volume 86, Number 109 (Wednesday, June 9, 2021)]
[Rules and Regulations]
[Pages 30545-30548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11923]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2020-0596; FRL-10024-43-Region 3]
Air Plan Approval; Virginia; Revised RACT Permit for Roanoke
Electric Steel/Steel Dynamics, Inc.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Virginia. The revision consists of amendments to a federally
enforceable state operating permit (FESOP) which was previously
incorporated into the Virginia SIP in order to implement reasonably
available control technology (RACT) for nitrogen oxide (NOX)
emissions from Steel Dynamics, Inc. (hereafter ``SDI,'' formerly
Roanoke Electric Steel). This action is being taken under the Clean Air
Act (CAA).
DATES: This final rule is effective on July 9, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0596. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
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 form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: David Talley, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2117. Mr. Talley can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 8, 2021 (86 FR 13254), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Virginia. In the NPRM, EPA
proposed approval of Virginia's submittal. The formal SIP revision was
submitted by the Virginia Department of Environmental Quality (VADEQ)
on behalf of the Commonwealth on April 14, 2020.
Prior to the establishment of nonattainment areas for the 1997 8-
hour ozone national ambient air quality standards (NAAQS), EPA
developed a program to allow these potential nonattainment areas to
voluntarily adopt local emission control programs to avoid air quality
violations and mandated nonattainment area controls. Areas with air
quality meeting the 1979 1-hour ozone NAAQS were eligible to
participate. In order to participate, state
[[Page 30546]]
and local governments and EPA developed and signed a memorandum of
agreement that describes the local control measures the state or local
community intends to adopt and implement to reduce ozone emissions in
advance of air quality violations. In this agreement, also known as an
Early Action Compact (EAC), the state or local communities agree to
prepare emission inventories and conduct air quality modeling and
monitoring to support its selection of emission controls. Areas that
participated in the EAC program had the flexibility to institute their
own approach in maintaining clean air and protecting public health.
Several localities in the Winchester and Roanoke areas elected to
participate in the EAC program. The areas that signed an EAC were the
City of Winchester and Frederick County, which comprised the Northern
Shenandoah Valley EAC; and the cities of Roanoke and Salem, and the
counties of Roanoke and Botetourt, which comprised the Roanoke EAC.
VADEQ's approach to implementing the EAC was that RACT be applied to
sources of NOX and volatile organic compounds (VOCs) within
those localities that were otherwise not subject to RACT. The Roanoke
Electric Steel Corporation, currently SDI, was one such source. On
April 27, 2005, EPA approved a SIP revision for the Commonwealth of
Virginia which incorporated provisions from a federally enforceable
state operating permit into the Virginia SIP in order to apply RACT to
several units at SDI (Virginia permit registration No. 20131, issued
December 22, 2004; hereafter, ``2004 Permit''). See 70 FR 21621.
II. Summary of SIP Revision and EPA Analysis
Virginia's April 14, 2020 submittal includes a revised operating
permit for SDI which amends the 2004 permit to account for changes in
operation at the facility, including the shut-down of a number of
units. Since the issuance of the 2004 permit (and EPA's subsequent SIP
approval), operations at the facility have changed, requiring a
revision of both the operating permit and the operating permit
provisions incorporated into the SIP. The only remaining units at the
facility that are subject to the source specific NOX RACT
limits of the 2004 permit are Electric Arc Furnace (EAF) #5 and the
Ladle Metallurgical Station (LMS) #5. The other units have been
removed, replaced with equipment that was not subject to RACT, or never
constructed. The RACT limits for those remaining units have not
changed, and there are no emissions increases associated with either
the revised permit, or Virginia's proposed SIP revision. The permit,
and ultimately the SIP, are simply being revised to account for the
removal of provisions related to emissions units that no longer exist.
Other specific requirements of and the rationale for EPA's proposed
action are explained in the NPRM and will not be restated here.
III. EPA's Response to Comments Received
EPA received one comment in response to the proposed rulemaking.
The comment was supportive of EPA's proposed action and will not be
addressed here but is provided in the docket for this rulemaking. No
adverse comments were received.
IV. Final Action
EPA is approving VADEQ's April 14, 2020 submittal as a revision to
the Virginia SIP.
V. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.
VI. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
[[Page 30547]]
by reference of the unredacted portions of Virginia stationary source
permit to operate, registration number 20132, issued to Roanoke
Electric Steel (D/B/A Steel Dynamics, Inc.) on December 22, 2004, and
revised on March 25, 2020. EPA has made, and will continue to make,
these materials generally available through https://www.regulations.gov
and at the EPA Region III Office (please contact the person identified
in the For Further Information Contact section of this preamble for
more information). Therefore, these materials have been approved by EPA
for inclusion in the SIP, have been incorporated by reference by EPA
into that plan, are fully federally enforceable under sections 110 and
113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VII. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land as
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 9, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action pertaining to source specific NOX limits
at SDI may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: May 28, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
0
2. In Sec. 52.2420, the table in paragraph (d) is amended by removing
the entry ``Roanoke Electric Steel Corp'' and adding the entry
``Roanoke Electric Steel Corporation D/B/A Steel Dynamics, Inc.--
Roanoke Bar Division'' in its place to read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(d) * * *
[[Page 30548]]
EPA--Approved Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
Permit/order
or State 40 CFR part 52
Source name registration effective date EPA approval date citation
No.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Roanoke Electric Steel Corporation D/ 20131 3/25/20 6/9/21, [Insert Federal 52.2420(d)(7)
B/A Steel Dynamics, Inc.--Roanoke Register citation].
Bar Division.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-11923 Filed 6-8-21; 8:45 am]
BILLING CODE 6560-50-P
