New Source Performance Standards Review for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels; Corrections, 11198-11208 [2024-02634]
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Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Rules and Regulations
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Dated: February 5, 2024.
Patricia Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2024–02621 Filed 2–13–24; 8:45 am]
BILLING CODE 6001–FR–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2002–0049; FRL–8150.1–
03–OAR]
New Source Performance Standards
Review for Steel Plants: Electric Arc
Furnaces and Argon-Oxygen
Decarburization Vessels; Corrections
Environmental Protection
Agency (EPA).
ACTION: Interim final rule; request for
comment.
AGENCY:
The Environmental Protection
Agency (EPA) is taking interim final
action on corrections and clarifications
to the new source performance
standards (NSPS) for electric arc
furnaces and argon-oxygen
decarburization vessels in the steel
industry. The corrections and
clarifications are being made to address
unintended and inadvertent errors in
the recently finalized standards.
DATES: This interim final rule is
effective on February 14, 2024.
Comments on this rule must be received
on or before March 15, 2024.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
OAR–2002–0049 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–
2002–0049 in the subject line of the
message.
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SUMMARY:
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• Fax: (202) 566–9744. Attention
Docket ID No. EPA–HQ–OAR–2002–
0049.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
Docket ID No. EPA–HQ–OAR–2002–
0049, 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).
Comments received may be posted
without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on sending
comments, see the ‘‘Public
Participation’’ heading of the General
Information section of this document
under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Donna Lee Jones, Sector Policies and
Programs Division (D243–02), 109 T.W.
Alexander Drive, P.O. Box 12055, Office
of Air Quality Planning and Standards,
United States Environmental Protection
Agency, Research Triangle Park, North
Carolina 27711; telephone number:
(919) 541–5251; email address:
jones.donnalee@epa.gov.
Preamble acronyms and
abbreviations. Throughout this
document the use of ‘‘we,’’ ‘‘us,’’ or
‘‘our’’ is intended to refer to the EPA.
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:
AOD argon-oxygen decarburization
APA Administrative Procedure Act
BLDS bag leak detection system
CAA Clean Air Act
CBI confidential business information
CFR Code of Federal Regulations
CRA Congressional Review Act
DCOT during the digital camera opacity
technique
DEC direct shell evacuation control
EAF electric arc furnace
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EPA Environmental Protection Agency
FR Federal Register
FTP File Transfer Protocol
NAICS North American Industry
Classification System
NSPS new source performance standards
NTTAA National Technology Transfer and
Advancement Act
OMB Office of Management and Budget
PM particulate matter
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
UMRA Unfunded Mandates Reform Act of
1995
U.S. United States of America
U.S.C. United States Code
Organization of this document. The
information in this preamble is
organized as follows:
I. General Information
A. Public Participation
B. Potentially Affected Entities
C. Statutory Authority
D. Judicial Review and Administrative
Review
II. Regulatory Revisions
A. Background and Summary
B. Specific Regulatory Revisions
III. Rulemaking Procedures
IV. Request for Comment
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review, as Amended by
Executive Order 14094: Modernizing
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act of 1995
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act (NTTAA) and 1 CFR
Part 51
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations and Executive Order 14096:
Revitalizing our Nation’s Commitment to
Environmental Justice for All
K. Congressional Review Act (CRA)
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SUPPLEMENTARY INFORMATION:
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I. General Information
A. Public Participation
Submit your written comments,
identified by Docket ID No. EPA–HQ–
OAR–2002–0049, at https://
www.regulations.gov (our preferred
method), or by the other methods
identified in the ADDRESSES section.
Once submitted, comments cannot be
edited or removed from the docket. The
EPA may publish any comment received
to its public docket. Do not submit to
the EPA’s docket at https://
www.regulations.gov any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. This type of
information should be submitted as
discussed in the Submitting CBI section
of this document. 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). Please visit
https://www.epa.gov/dockets/
commenting-epa-dockets for additional
submission methods; the full EPA
public comment policy; information
about CBI or multimedia submissions;
and general guidance on making
effective comments.
Submitting CBI. Do not submit
information containing CBI to the EPA
through https://www.regulations.gov.
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,
note the docket ID, mark the outside of
the digital storage media as CBI, and
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 the Public
Participation section of this document.
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 and
note the docket ID. Information not
marked as CBI will be included in the
public docket and the EPA’s electronic
public docket without prior notice.
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Information marked as CBI will not be
disclosed except in accordance with
procedures set forth in 40 Code of
Federal Regulations (CFR) part 2.
Our preferred method to receive CBI
is for it to be transmitted electronically
using email attachments, File Transfer
Protocol (FTP), or other online file
sharing services (e.g., Dropbox,
OneDrive, Google Drive). Electronic
submissions must be transmitted
directly to the OAQPS CBI Office at the
email address oaqpscbi@epa.gov, and as
described above, should include clear
CBI markings and note the docket ID. If
assistance is needed with submitting
large electronic files that exceed the file
size limit for email attachments, and if
you do not have your own file sharing
service, please email oaqpscbi@epa.gov
to request a file transfer link. If sending
CBI information through the postal
service, please send it to the following
address: OAQPS Document Control
Officer (C404–02), OAQPS, U.S.
Environmental Protection Agency, 109
T.W. Alexander Drive, P.O. Box 12055
RTP, North Carolina 27711, Attention
Docket ID No. EPA–HQ–OAR–2002–
0049. The mailed CBI material should
be double wrapped and clearly marked.
Any CBI markings should not show
through the outer envelope.
B. Potentially Affected Entities
The source category that is the subject
of this interim final action is composed
of steel manufacturing facilities that
operate electric arc furnaces (EAF) and
argon-oxygen decarburization (AOD)
vessels regulated under CAA section
111 New Source Performance Standards
(NSPS). The 2022 North American
Industry Classification System (NAICS)
code for the source category is 331110
for ‘‘Iron and Steel Mills and Ferroalloy
Manufacturing’’ processes. The NAICS
code serves as a guide for readers
outlining the type of entities that this
interim final action is likely to affect.
There are approximately 88 EAF
facilities in the United States of America
(U.S.), with most (>95 percent) EAF
facilities subject to one of the EAF NSPS
that are described below.
The information provided in this
section on potentially affected entities is
not intended to be exhaustive. If you
have questions regarding the
applicability of this action to a
particular entity, consult the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
C. Statutory Authority
Statutory authority to issue the
amendments finalized in this action is
provided by the same Clean Air Act
(CAA) provisions that provided
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authority to issue the regulations being
amended: CAA section 111(b)(1)(B)
(requirement to review, and if
appropriate, revise, NSPS standards at
least every 8 years), and CAA section
301, 42 U.S.C. 7601 (general rulemaking
authority). Statutory authority for the
rulemaking procedures followed in this
action is provided by Administrative
Procedure Act (APA) section 553, 5
U.S.C. 553.
D. Judicial Review and Administrative
Review
Under CAA section 307(b)(1), judicial
review of this final action is available
only by filing a petition for review in
the United States Court of Appeals for
the District of Columbia Circuit by April
15, 2024. Under CAA section 307(b)(2),
the requirements established by this
final rule may not be challenged
separately in any civil or criminal
proceedings brought by the EPA to
enforce the requirements.
II. Regulatory Revisions
A. Background and Summary
In 1975, the EPA first promulgated the
EAF NSPS (subpart AA) to regulate
emissions of particulate matter (PM)
from new, reconstructed or modified
EAF that produce steel. These standards
apply to sources that commenced
construction, modification, or
reconstruction after October 21, 1974,
and on or before August 17, 1983. In
1984, the EPA promulgated an updated
EAF NSPS as subpart AAa, which
revised the standards for EAF and also
addressed AOD units. These standards
apply to sources that commenced
construction, modification or
reconstruction after August 17, 1983,
and on or before May 16, 2022. On
August 25, 2023, the EPA promulgated
amendments to the EAF NSPS (88 FR
58459), including a new NSPS subpart
AAb that establishes standards
applicable to units that are new,
modified, or reconstructed after May 16,
2022, as well as certain amendments to
NSPS subparts AA and AAa that are
applicable to units that began
construction or reconstruction by the
earlier dates specified in those two
subparts.
Relevant to this action, the 2023 final
rule included the following: (1) a new
NSPS subpart AAb which maintained
the requirement for facilities to meet a
shop opacity of six percent during
charging 1—the same as is required
1 There are three stages of EAF operation, where
one of the three stages is charging of raw materials
(metal scrap) into the EAF. Charging typically
occurs in periods of less than 1 minute to up to 3
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under subparts AA and AAa; and
required opacity testing to be performed
once a day during charging for 3
minutes using EPA Method 9 in
appendix A to part 60 of this chapter,
from the average of 12 consecutive
observations recorded at 15-second
intervals; (2) a provision under subparts
AA, AAa, and AAb that permits EAF,
AOD, or both facilities with direct shell
evacuation control (DEC) that want to
avoid the requirement to use a furnace
static pressure monitoring device to, as
an alternative, perform observations of
shop opacity no less than once per week
from the end of one EAF heat cycle to
the end of the following heat cycle (a
heat cycle means the period beginning
when scrap is charged to an EAF shell
and ending when the EAF tap is
completed or beginning when molten
steel is charged to an AOD vessel and
ending when the AOD vessel tap is
completed); and (3) a compliance date
for provisions applicable to facilities
subject to subpart AA or AAa of
February 21, 2024. The standards and
requirements under subpart AAb were
effective immediately upon publication
of the final rule on August 25, 2023.
Following issuance of the final rule,
the EPA was notified by industry
representatives of several errors in the
final regulatory text for subparts AA,
AAa, and AAb. The American Iron and
Steel Institute (‘‘AISI’’), the Steel
Manufacturers Association (‘‘SMA’’),
and the Specialty Steel Industry of
North America (‘‘SSINA’’) (collectively,
‘‘the Steel Associations’’) submitted
letters on August 17 and September 29,
2023, detailing concerns with the final
rule, including certain new
requirements in the final regulatory text,
and requested corrections. In addition,
on October 24, 2023, the Steel
Associations submitted a petition for
reconsideration and a request for an
administrative stay pursuant to CAA
section 307(d)(7)(B), identifying, among
other issues, concerns with new
requirements in the final regulatory
text.2
This action addresses errors identified
by the Steel Associations, which are
described in the following paragraphs,
as well as errors identified by the EPA.
This action does not attempt to address
all issues identified in the Steel
minutes. Steel is produced in batches, where a
single batch can last from 1 hour to 10 hours, where
5 hours is a typical batch time period. Charging,
therefore, is a small subset of the time that an EAF
is operating.
2 On the same day, the Steel Associations filed a
petition for review of the 2023 final rule in the D.C.
Circuit. Am. Iron & Steel Institute v. EPA, No. 23–
1292. The litigation is presently in abeyance while
the EPA undertakes this action.
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Associations communications, as the
EPA continues to review the other
issues not directly addressed in this
action. To the extent the EPA
determines that additional action is
appropriate to address these other
issues, we will initiate a separate
rulemaking action.
In the 2023 final rule, the EPA
inadvertently included a requirement
under subparts AA, AAa and AAb for
observations of shop opacity to be
performed by a certified visible
emission observer no less than once per
week for all EAF facilities subject to
subparts AA, AAa or AAb, starting at
the end of one EAF heat cycle and
stopping at the end of the following heat
cycle. The EPA never proposed nor
intended to include such a requirement
in the final rule. Because this
requirement had not been included in
the 2022 EAF NSPS proposed rule (87
FR 29710), the public did not have an
opportunity to comment on this
requirement, and the effects of the
requirement were not included in the
EPA’s cost estimates or economic
impact analysis for the 2023 final rule
(88 FR 58459).
In addition, after the 2023 final rule
was promulgated, the EPA discovered
that the charging period associated with
the finalized opacity testing requirement
in NSPS subpart AAb, despite being the
shortest operational period for an EAF,
AOD or both, could be broken up into
multiple discrete time periods at some
EAF, AOD, or both and that the opacity
plume for charging sometimes lasts after
charging has stopped. Therefore, testing
opacity ‘‘during charging’’ for a
continuous 3-minute period, as the final
EAF NSPS rule required, would not be
possible in the case of multiple discrete
charges or if the charging plume
continues to be observable after
charging of materials ceases.
We also discovered a typographical
error in the standards section of subpart
AAb for measurement of shop opacity,
where charging was mentioned twice
instead of once and with two different
sets of requirements. The duplicative
references to ‘‘charging’’ would require
testing both for 3 minutes and 6
minutes, and require no testing for
tapping. This was inconsistent with
other provisions of the rule that
accurately described the testing
requirements and with the EPA’s clearly
stated intent in the preamble that the 6minute opacity testing was intended for
tapping and the 3-minute testing was
intended for charging. (88 FR 58459).
Additional errors we are addressing in
this action include: (1) correcting in 40
CFR 60.273(d)(2), 60.273a(d)(2), and
60.273b(d)(2) the omitted timing of the
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requirement to conduct shop opacity
monitoring when more than one EAF
are located in a shop; and (2) correcting
in 40 CFR 60.273(c), 60.273a(c), and
60.273b(e) the erroneous requirement
included in the final rule that all fabric
filters must have a continuous opacity
monitoring system (COMS) or bag leak
detection system (BLDS) by
renumbering the regulatory text as 40
CFR 60.273(c)(1)–(c)(3)/60.273a(c)(1)–
(c)(3) and removing the phrase ‘‘on all
fabric filters’’ in 40 CFR 60.273b(e); and
(3) renumbering rule text in 40 CFR
60.274b(c)(1)–(c)(5) to clarify that the
requirements in paragraphs (c)(1)–(c)(3)
of §§ 60.274, 60.274a, and 60.274b are a
choice, and that (c)(4) and (c)(5) apply
to any of the choices made in (c)(1)–
(c)(3).
We also discovered that several
paragraphs under ‘‘Monitoring of
operations’’ in subpart AA § 60.274(b),
(c), and (i), subpart AAa § 60.274a(b),
(c), and (h), and subpart AAb
§ 60.274b(b), (c), and (h) do not reflect
what we plainly stated in the preamble
(88 FR 58465, 58466, 58484), in
response to comments, that we were not
adopting the proposed rule provisions
that would have required continuously
monitoring of volumetric flow rate at
each separately ducted hood and
furnace static pressure, and instead
were finalizing provisions that require
recording these parameters as no greater
than 15-minute integrated block
averages. Relatedly, the 2023 final
regulatory text was ambiguous as to
whether facilities needed to monitor 15minute rolling averages or integrated
block averages. Our stated intent in the
preamble to the final rule was to require
15-minute integrated block averages;
therefore, in this action, in §§ 60.274
and 60.274a, we are clarifying that
volumetric flow rates and furnace static
pressure are to be recorded as no greater
than 15-minute integrated block
averages.
Finally, we also discovered a phrase
under ‘‘Recordkeeping and reporting’’ in
subparts AA, AAa, and AAb under 40
CFR 60.276(a)/60.276a(c)/60.276b(c)
that was unintentionally and
inadvertently deleted in the final
regulations in regard to operation of fan
motors for owners and operators that
elect to install a furnace static pressure
monitoring device. Specifically, the
regulatory text inadvertently omitted a
provision stating that ‘‘operation of
control system fan motor amperes at
values exceeding ±15 percent of the
value established under 40 CFR
60.274(c)/60.274a(c)/60.274b(c)’’ also
constitutes unacceptable operation and
maintenance of the affected facility.
Therefore, we are restoring this phrase
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in subparts AA, AAa, and AAb under 40
CFR 60.276(a)/60.276a(c)/60.276b(c).
The EPA is issuing this interim final
rule to correct these errors included in
the EAF NSPS 2023 final rule.
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B. Specific Regulatory Revisions
The regulatory revisions to 40 CFR
part 60, subparts AA, AAa, and AAb
that are being revised in this action
include the following:
1. Corrections to 40 CFR Part 60,
Subparts AA and AAa
In this action, we are removing the
inadvertently included requirement in
40 CFR 60.273(d)(2) and 60.273a(d)(2)
‘‘Emission monitoring’’ for lengthy,
conflicting, and costly weekly opacity
monitoring from the end of one EAF,
AOD, or both heat cycles to the end of
the following heat cycle, a time period
that lasts from 1 to 10 hours, with an
estimated average of 5 hours. As
written, the promulgated 2023 final rule
erroneously required hours-long testing
that would have significant cost
impacts, which are estimated to be
approximately $6 million per year. This
requirement was not proposed and was
inadvertently added into the final rule,
without appropriate analysis and
opportunity for public comment.
Moreover, this requirement is not
necessary to ensure compliance with the
standard and would cause a significant
unintended financial impact on the
EAF, AOD, or both currently subject to
NSPS subpart AA and AAa.
We are also clarifying when to
conduct the weekly shop opacity
monitoring when there is more than one
EAF located in a shop by adding
‘‘during the heat cycle as defined in 40
CFR 60.271,’’ which was inadvertently
omitted from the final rule. As written
in the 2023 final rule 40 CFR
60.273(d)(2) and 60.273a(d)(2), the
regulations are unclear as to when
opacity monitoring should be
completed. The clarification being
finalized in this interim final current
rule will require that once a week,
facility shops with more than one EAF
are to perform the required daily opacity
monitoring when all EAF in the shop
are operating. Following these
corrections, subparts AA and AAa retain
the requirement for daily opacity testing
during melting and refining, tapping,
and charging for time periods of 6, 6,
and 3 minutes, respectively, as well as
the requirement that facilities with more
than one EAF in a shop test opacity
once a week with all EAF in operation.
In this action, we are also correcting
errors in 40 CFR 60.273(c) and
60.273a(c) by removing the erroneous
requirement included in the final rule
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that all fabric filters would need to
install COMS or BLDS. As written, the
promulgated 2023 final rule required a
large capital investment for existing
facilities with multi-stack fabric filters
to install COMS or BLDS on each fabric
filter. This erroneous requirement in the
final rule is in direct conflict with both
the preamble text (88 FR 58465) and our
finalized regulations in 40 CFR
60.273(e) and 60.273a(e), which only
require BLDS for single stack fabric
filters that do not have COMS.
Therefore, by adding in paragraph and
subparagraph numbers (1)(i), (1)(ii), (2),
and (3) in 40 CFR 60.273(c) and
60.273a(c) to make clear that multi-stack
fabric filters are not required to install
COMS or BLDS if observations of the
opacity of the visible emission from the
control device are performed by a
certified visible emission observer, we
will align § 60.273(c) and § 60.273a(c)
with § 60.273(e) and § 60.273a(e),
respectively, and eliminate the
requirement for existing facilities to
install COMS or BLDS by February 21,
2024.
We are clarifying 40 CFR
60.274(c)(1)–(5) and 60.274a(c)(1)–(5),
which, as written in the final
regulations, could be interpreted to
allow the owner or operator to choose
from one of five ways to monitor EAF
operation when demonstrating
compliance with the shop opacity
standards in 40 CFR 60.272(a)(3) and
60.272a(a)(3) where a hood is used for
capture, as described in paragraphs 40
CFR 60.274 and 60.274a in
subparagraphs (c)(1), (c)(2), (c)(3), (c)(4),
and (c)(5). This was an error. We are
correcting the requirements, as
intended, to clearly allow three choices
of subparagraphs (c)(1), (c)(2), or (c)(3)
to demonstrate compliance, but also to
require a demonstration of compliance
with both subparagraphs (c)(4) and
(c)(5). These three choices of monitoring
in subparagraphs (c)(1), (c)(2), and (c)(3)
are choices between (c)(1), monitoring
fan motor amperes at each damper
position; (c)(2), monitoring volumetric
flow rate through each hood; or (c)(3),
monitoring volumetric flow rate at the
control device inlet and with damper
position. The last two subparagraphs of
40 CFR 60.274 and 60.274a, specifically,
(c)(4) and (c)(5), were intended to apply
to any of the three monitoring choices
in (c)(1), (c)(2), or (c)(3), where (c)(4)
sets the time requirement for the
monitoring as a rolling averaging period
not to exceed 15 minutes, and (c)(5)
describes how facilities can petition the
Administrator to change any of the
operating conditions that they had
previously chosen among (c)(1), (c)(2),
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or (c)(3). Without this correction, the
regulations do not clearly indicate how
facilities are to appropriately monitor
EAF, AOD, or both when demonstrating
compliance with the shop opacity
standard in 40 CFR 60.272(a)(3) and
60.272a(a)(3) where a hood is used for
capture. Therefore, as written in the
2023 final rule, facilities already subject
to the applicable standards could
inadvertently become noncompliant.
We also are correcting subparts AA
and AAa, ‘‘Monitoring of operations’’ in
40 CFR 60.274(b), (c), and (i) and
60.274a(b), (c), and (h) for the
parameters of volumetric flow rate
through each separately ducted hood
and furnace static pressure by removing
the requirements to record a rolling 15minute average on a continuous basis.
As stated in the final rule preamble (88
FR 58465, 58466), we intended to
change this proposed provision in
response to comments and replace it
with the requirement to record as no
greater than 15-minute integrated block
averages. Without these corrections, the
regulations would be inconsistent with
our intended final action as described in
the 2023 final rule preamble, would not
clearly indicate how facilities are to
appropriately monitor EAF, AOD, or
both, and facilities already subject to the
applicable standards could
inadvertently become noncompliant.
Finally, we are correcting a
requirement that was unintentionally
and inadvertently deleted in subparts
AA and AAa, ‘‘Recordkeeping and
reporting’’ in 40 CFR 60.276(a)/
60.276a(c)/60.276b(c), regarding the
operation of fan motors for owners and
operators that elect to install a furnace
static pressure monitoring device under
40 CFR 60.274(f)/60.274a(f)/60.274b(f).
We are restoring the provision
specifying that ‘‘operation of control
system fan motor amperes at values
exceeding ±15 percent of the value
established under 40 CFR 60.274(c)/
60.274a(c)/60.274b(c)’’ also constitutes
unacceptable operation and
maintenance of the affected facility in
addition to operation at flow rates lower
than those established under 40 CFR
60.274(c)/60.274a(c)/60.274b(c). We
never proposed to modify this provision
and its deletion in the final rule was
unintended. As written in the final
regulations, facilities already subject to
the applicable standards could
inadvertently become noncompliant if
we do not make this correction.
2. Corrections to Subpart AAb
We are making the same correction to
subpart AAb as described in in II.B.1 for
subparts AA and AAa because the
requirement for lengthy, conflicting, and
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costly weekly opacity monitoring from
the end of one EAF, AOD, or both heat
cycles to the end of the following heat
cycle’’ in 40 CFR 60.273b(d)(2)
‘‘Emission monitoring’’ was not
proposed in 2022 (87 FR 29710), was
not intended to be included in the
promulgated 2023 final rule (88 FR
58459), and is not necessary to ensure
compliance with the standards. In
addition, this provision was not
included in the cost estimates for the
final rule or economic impact analysis.
The correction for subpart AAb in this
action returns the requirement in 40
CFR 60.273b(d)(2) to what had been
proposed (87 FR 29710), where opacity
testing was required to be performed at
least once per day when the furnace is
operating. This correction is consistent
with the requirements in the standards
section of the rule, at 40 CFR
60.272b(a)(3), which were unchanged
between the proposed rule (87 FR
29710) and promulgated final rule (88
FR 58459).
We are also clarifying, as we are in
subparts AA and AAa, when to conduct
the weekly shop opacity monitoring
when there is more than one EAF
located in a shop, by adding ‘‘during the
heat cycle as defined in 40 CFR
60.271b.’’ This clarification requires that
once a week, facility shops with more
than one EAF perform the required
daily opacity monitoring when all EAFs
are operating.
Additionally in this action, we are
correcting procedures for opacity testing
of shop emissions under Method 9 in
subpart AAb at 40 CFR 60.271b
‘‘Definitions,’’ 40 CFR 60.272b(a)(3)
‘‘Standard for particulate matter,’’ and
40 CFR 60.273b(d)(3) ‘‘Emission
monitoring,’’ to address the situation
where charging periods at some EAF,
AOD, or both may be broken into
multiple, shorter periods of charging
rather than one continuous charge, and
for delayed plumes from charging. The
final rule promulgated in 2023 (88 FR
58442) defined the charging testing
period in subpart AAb as ‘‘12 15-second
continuous opacity observations’’ (a
total of 3 minutes) to accommodate the
shorter periods of charging that are less
than the 6 minutes required for melting
and refining, and for tapping. However,
as promulgated in the 2023 final rule,
this requirement may not always be
technically feasible for a facility to meet.
In this interim final rule, we are
clarifying that the 3 minutes of opacity
observation does not need to be
continuous (although the observation
periods should still total 3 minutes), to
accommodate EAF, AOD, or both that
are charged in multiple short batches of
less than a duration of 3 minutes each.
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In some instances, the opacity due to
charging can continue to be observable
after the charging activity has stopped,
but before melting and refining begins.
As provided in the 2023 final rule, the
compliance testing requirements cannot
be accurately completed at some
facilities due to short charging periods
and the requirement to only test opacity
during charging. In this action, we are
thus clarifying that the charging opacity
observations can continue after the
activity of charging ceases, up until
melting and refining begins, which is
necessary when opacity observations
during charging have not yet reached 3
minutes in total and the charging
opacity continues up until melting and
refining begins.
Therefore, this action corrects the
charging opacity measurement
regulatory text to remove ‘‘continuous,’’
and define the opacity measurement
period as beginning when charging is
first initiated and continuing until
melting and refining begins, for a
minimum of three minutes of total
opacity readings. The result of this
change is that the opacity test result for
charging should be calculated from the
average of the highest twelve 15-second
opacity observations (total of 3 minutes)
during the charging period that is
defined as beginning when charging is
first initiated and continuing until
melting and refining begins, to produce
a 3-minute opacity average in an
integrated sample, as permitted under
section 2.5 of Method 9.
We are correcting in this interim final
rule a typographic error in 40 CFR
60.272b(a)(3) ‘‘Standard for particulate
matter’’ promulgated in the final rule in
2023 (88 FR 58459), where charging was
required to be tested both without
modification of the 6-minute
observation time period as well as with
modification to reduce the observation
time period to 3 minutes. The former
time period of 6 minutes should have
been attributed to tapping and not
charging, as is done in two other places
in the 2023 final rule (i.e., in 40 CFR
60.271b ‘‘Definitions’’ and 40 CFR
60.273b(d)(3) ‘‘Emission monitoring’’).
Therefore, we are correcting the first
mention in 40 CFR 60.272b(a)(3) from
‘‘charging’’ to ‘‘tapping’’.
Additionally in this action, we are
making the same correction to subpart
AAb, as described in in II.B.1, for
subparts AA and AAa, by removing the
requirement erroneously included in the
final regulations in 40 CFR 60.273b(e)
that all fabric filters need to have COMS
or BLDS installed. By removing the
phrase ‘‘on all fabric filters’’ to make
clear that multi-stack fabric filters are
not required to install COMS or BLDS
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if observations of the opacity of the
visible emission from the control device
are performed by a certified visible
emission observer, we will align 40 CFR
60.273b(e) with 40 CFR 60.273b(c) and
eliminate the need for all new, modified
or reconstructed facilities to install
COMS or BLDS upon startup. We are
also making the same correction to
subpart AAb, as described in II.B.1 for
subparts AA and AAa, to allow a choice
between 40 CFR 60.274b(c)(1), (c)(2), or
(c)(3) to demonstrate compliance, but
then also require a demonstration of
compliance with both subparagraphs
(c)(4) and (c)(5). Without this edit, the
regulations do not clearly indicate how
facilities are to appropriately monitor
EAF, AOD or both when demonstrating
compliance with the shop opacity
standard in 40 CFR 60.272b(a)(3) where
a hood is used for capture. Therefore, as
written in our final rule, facilities could
inadvertently become noncompliant.
We are making the same correction to
subpart AAb under ‘‘Monitoring of
operations’’ in 40 CFR 60.274b(b), (c),
and (h), as described in II.B.1 for
subparts AA and AAa, for the
parameters of volumetric flow rate
through each separately ducted hood
and furnace static pressure. We are
removing the requirements to record
‘‘rolling 15-minute averages on a
continuous basis’’ for the values for
these parameters and replacing with the
requirement to ‘‘record as no greater
than 15-minute integrated block
averages.’’
Finally, we are making the same
corrections to subpart AAb under
‘‘Recordkeeping and reporting
requirements,’’ as described in II.B.1 for
subparts AA and AAa, for a requirement
that was unintentionally and
inadvertently deleted in the final rule
for subpart AAb under 40 CFR
60.276b(c), in regard to operation of fan
motor for owners and operators that
elect to install a furnace static pressure
monitoring device under 40 CFR
60.274b(f). We are restoring the
provision specifying that ‘‘operation of
control system fan motor amperes at
values exceeding ±15 percent of the
value established under 40 CFR
60.274b(c)’’ also constitutes
unacceptable operation and
maintenance of the affected facility in
addition to operation at flow rates lower
than those established under 40 CFR
60.274b(c).
III. Rulemaking Procedures
As noted in section I.C. of this
document, the EPA’s authority for the
rulemaking procedures followed in this
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action is provided by APA section 553.3
In general, an agency issuing a rule
under the procedures in APA section
553 must provide prior notice and an
opportunity for public comment, but
APA section 553(b)(B) includes an
exemption from notice-and-comment
requirements ‘‘when the agency for good
cause finds (and incorporates the
finding and a brief statement of reasons,
therefore, in the rule issued) that notice
and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest.’’ This action is
being issued without prior notice or
opportunity for public comment
because the EPA finds that the APA
‘‘good cause’’ exemption from noticeand-comment requirements applies
here.
Following notice-and-comment
procedures is impracticable and
unnecessary for this action. The costly,
conflicting, and burdensome opacity
emissions monitoring requirements
inadvertently included in subparts AA,
AAa, and AAb were not proposed and
were never intended to become part of
the regulatory text of the 2023 final rule.
These opacity monitoring requirements,
as described in section II. of this action,
would add significant cost impacts to
new and currently operating sources
that were not considered or included in
the 2023 final rule because the EPA
neither intended nor anticipated
finalizing such a provision. These
erroneous requirements are already in
effect with respect to facilities subject to
subpart AAb and will apply to facilities
subject to NSPS subparts AA and AAa
on February 21, 2024. Thus, it is critical
to timely avoid this unintended and
significant burden.
Regarding the correction to subpart
AAb for procedures for opacity testing
of shop emissions under Method 9, the
regulations as finalized are technically
impossible for some facilities to meet
due to opacity plumes that could be
delayed after charging stops, but before
melting and refining begins.
Accordingly, a new facility that is
constructed, modified, or reconstructed
would be subject to compliance
assurance provisions in subpart AAb
with which the facility may not be able
to comply. This would create an
unreasonable situation where a facility
could be considered to be in violation
3 Under CAA section 307(d)(1)(C), the EPA’s
promulgation or revision of any standard of
performance under CAA section 111 would
normally be subject to the rulemaking procedural
requirements of CAA section 307(d), including
notice-and-comment procedures, but CAA section
307(d) does not apply ‘‘in the case of any rule or
circumstance referred to in subparagraphs (A) or (B)
of [APA section 553(b)].’’ CAA section 307(d)(1).
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because it cannot comply with these
compliance assurance requirements,
even though it would be able to
technically meet the applicable
performance standard. Therefore, it is
imperative that the EPA make this
correction to ensure new, modified, and
reconstructed are subject to opacity
testing requirements that are achievable.
Finally, this action is correcting
several inadvertent errors in the
regulatory text of the final rule. First,
this action is removing a duplicative
and contradictory reference in 40 CFR
60.272b(a)(3) to the charging
requirement, which does not change the
substance of the testing requirements.
Second, this action is correcting
regulatory text in subparts AA, AAa,
and AAb that accidentally retained
certain proposed language, contrary to
the EPA’s expressly stated intent in the
final rule preamble. And third, the EPA
is restoring provisions that were
unintentionally deleted without prior
notice or explanation and which should
have been retained. This action corrects
these oversights which, as described in
section II., could cause some facilities to
become inadvertently noncompliant
with the standards and subject to
potential enforcement action if not
expeditiously corrected.
This action is effective immediately
upon publication. Section 553(d) of the
APA requires publication of the final
rule to precede the effective date by at
least 30 days unless, as relevant here,
the rule relieves a restriction (40 CFR
553(d)(1)) or the agency finds good
cause to make the rule effective sooner
(40 CFR 553(d)(3)). Under APA section
553(d)(1), an exception applies to a rule
that ‘‘grants or recognizes an exemption
or relieves a restriction.’’ Because the
corrections in this action relieve
restrictions placed on facilities from the
2023 final rule (e.g., removing an
unintended, burdensome and costly
opacity monitoring requirement and
relaxing unachievable testing
requirements), the normal 30-day
minimum period between this action’s
dates of publication and effectiveness is
not required. Additionally, as explained
throughout this action, because the
corrections to the final rule relieve
impracticable regulatory burdens and
make ministerial clarifications, there is
a secondary good cause basis for
immediate effectiveness under APA
section 553(d)(3). See Omnipoint Corp.
v. Fed. Commc’n Comm’n, 78 F.3d 620,
630 (D.C. Cir. 1996) (in determining
whether good cause exists to make a
rule immediately effective, an agency
should ‘‘balance the necessity for
immediate implementation against
principles of fundamental fairness
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11203
which require that all affected persons
be afforded a reasonable amount of time
to prepare for the effective date of its
ruling’’). Because the rule does not
impose any new regulatory
requirements, the regulated community
does not need time to prepare for the
rule to come into effect.
IV. Request for Comment
As explained in section III. of this
document, the EPA finds good cause to
take this interim final action without
prior notice or opportunity for public
comment. However, the EPA is
providing an opportunity for comment
on the content of the amendments and,
thus, requests comment on the
corrections described in this rule. The
EPA is not reopening for comment any
provisions of the 2023 final rule other
than the specific provisions that are
expressly amended in this interim final
rule.
V. 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, as Amended by
Executive Order 14094: Modernizing
Regulatory Review
This action is not a significant
regulatory action as defined in
Executive Order 12866, as amended by
Executive Order 14094, and was
therefore not subject to a requirement
for Executive Order 12866 review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA. The Office of Management and
Budget (OMB) has previously approved
the information collection activities that
apply to the EAF facilities affected by
this action and has assigned OMB
control number 2060–0038. This action
does not change the information
collection requirements.
C. 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.
D. Unfunded Mandates Reform Act of
1995 (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
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uniquely affect small governments. The
action imposes no enforceable duty on
any state, local or tribal governments or
the private sector. This rule corrects
unintended errors in previous rule.
E. 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.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have Tribal
implications as specified in Executive
Order 13175. This rule will implement
corrections and clarifications to rule text
applicable directly to the regulated
industry that needed clarification or that
were erroneously included in final rule.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
Executive Order 13045 directs Federal
agencies to include an evaluation of the
health and safety effects of the planned
regulation on children in Federal health
and safety standards and explain why
the regulation is preferable to
potentially effective and reasonably
feasible alternatives. This action is not
subject to Executive Order 13045
because it is not a significant regulatory
action under section 3(f)(1) of 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. The EPA does not believe
there are disproportionate risks to
children because of this action since it
will not result in any changes to the
control of air pollutants.
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H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act (NTTAA) and 1 CFR
Part 51
This action does not involve technical
standards; therefore, the NTTAA does
not apply.
16:56 Feb 13, 2024
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K. Congressional Review Act (CRA)
This action is subject to the
Congressional Review Act (CRA), 5
U.S.C. 801–808, and the EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. The CRA
allows the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and comment rulemaking procedures
are impracticable, unnecessary, or
contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause
finding for this rule as discussed in
section III. of this document, including
the basis for that finding.
List of Subjects in 40 CFR Part 60
Environmental protection,
Administrative practice and procedures,
Air pollution control, Incorporation by
reference, Reporting and recordkeeping
requirements.
Michael S. Regan,
Administrator.
For the reasons set forth in the
preamble, the EPA amends 40 CFR part
60 as follows:
PART 60—STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES
1. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
VerDate Sep<11>2014
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations and Executive
Order 14096: Revitalizing Our Nation’s
Commitment to Environmental Justice
for All
The EPA believes that this type of
action does not concern human health
or environmental conditions and,
therefore, cannot be evaluated with
respect to potentially disproportionate
and adverse effects on communities
with environmental justice concerns.
Subpart AA—Standards of
Performance for Steel Plants: Electric
Arc Furnaces Constructed After
October 21, 1974, and On or Before
August 17, 1983
2. Amend § 60.273 by revising
paragraphs (c) and (d)(2) to read as
follows:
■
§ 60.273
Emission monitoring.
*
*
*
*
*
(c)(1) A continuous monitoring
system for the measurement of the
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opacity of emissions discharged into the
atmosphere from the control device(s) is
not required:
(i) On any modular, multistack,
negative-pressure or positive-pressure
fabric filter if observations of the opacity
of the visible emission from the control
device are performed by a certified
visible emission observer; or
(ii) On any single-stack fabric filter if
observations of the opacity of the visible
emissions from the control device are
performed by a certified visible
emission observer and the owner
installs and operates a bag leak
detection system according to paragraph
(e) of this section whenever the control
device is being used to remove
particulate matter from the EAF.
(2) Visible emission observations shall
be conducted at least once per day of
the control device for at least three 6minute periods when the furnace is
operating in the melting and refining
period. All visible emissions
observations shall be conducted in
accordance with EPA Method 9 of
appendix A to this part, or, as an
alternative, according to ASTM D7520–
16 (incorporated by reference, see
§ 60.17), with the caveats described
under Shop opacity in § 60.271.
(3) If visible emissions occur from
more than one point, the opacity shall
be recorded for any points where visible
emissions are observed. Where it is
possible to determine that a number of
visible emission points relate to only
one incident of the visible emission,
only one set of three 6-minute
observations will be required. In that
case, EPA Method 9 observations must
be made for the point of highest opacity
that directly relates to the cause (or
location) of visible emissions observed
during a single incident. Records shall
be maintained of any 6-minute average
that is in excess of the emission limit
specified in § 60.272(a)(2).
(d) * * *
(2) No less than once per week, during
a heat time as defined in § 60.271, a
melt shop with more than one EAF shall
conduct these readings while all EAFs
are in operation. All EAFs are not
required to be on the same schedule for
tapping.
*
*
*
*
*
■ 3. Amend § 60.274 by revising
paragraphs (b)(1), (b)(3), (c), and (i)(9) to
read as follows:
§ 60.274
Monitoring of operations.
*
*
*
*
*
(b) * * *
(1) Monitor and record once per shift
the block 15-minute average furnace
static pressure (if a DEC system is in
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use, and a furnace static pressure gauge
is installed according to paragraph (f) of
this section) and either:
(i) Install, calibrate, and maintain a
monitoring device that continuously
records the capture system fan motor
amperes and damper position(s); or
(ii) Monitor and record as no greater
than 15-minute integrated block average
basis the volumetric flow rate through
each separately ducted hood; or
(iii) Install, calibrate, and maintain a
monitoring device that continuously
records the volumetric flow rate at the
control device inlet and record damper
position(s).
*
*
*
*
*
(3) Parameters monitored pursuant to
this paragraph, excluding damper
position, shall be recorded as integrated
block averages not to exceed 15
minutes.
(c)(1) When the owner or operator of
an affected facility is required to
demonstrate compliance with the
standards under § 60.272(a)(3) and at
any other time that the Administrator
may require (under section 114 of the
CAA, as amended), the owner or
operator shall, during periods in which
a hood is operated for the purpose of
capturing emissions from the affected
facility subject to paragraph (b) of this
section, either:
(i) Monitor and record the fan motor
amperes at each damper position, and
damper position consistent with
paragraph (i)(5) of this section; or
(ii) Monitor and record as no greater
than 15-minute integrated block average
basis the volumetric flow rate through
each separately ducted hood; or
(iii) Install, calibrate, and maintain a
monitoring device that continuously
records the volumetric flow rate at the
control device inlet and monitor and
record the damper position consistent
with paragraph (i)(5) of this section.
(2) Parameters monitored pursuant to
this paragraph, excluding damper
position, shall be recorded as integrated
block averages not to exceed 15
minutes.
(3) The owner or operator may
petition the Administrator or delegated
authority for reestablishment of these
parameters whenever the owner or
operator can demonstrate to the
Administrator’s or delegated authority’s
satisfaction that the EAF operating
conditions upon which the parameters
were previously established are no
longer applicable. The values of the
parameters as determined during the
most recent demonstration of
compliance shall be the appropriate
operational range or control set point
throughout each applicable period.
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Operation at values beyond the accepted
operational range or control set point
may be subject to the requirements of
§ 60.276(a).
*
*
*
*
*
(i) * * *
(9) Parameters monitored pursuant to
paragraphs (i)(6) through (8) of this
section shall be recorded as integrated
block averages not to exceed 15
minutes.
■ 4. Amend § 60.276 by revising
paragraph (a) to read as follows:
§ 60.276 Recordkeeping and reporting
requirements.
(a) Continuous operation at a furnace
static pressure that exceeds the
operational range or control setting
under § 60.274(g), for owners and
operators that elect to install a furnace
static pressure monitoring device under
§ 60.274(f) and either operation of
control system motor amperes at values
exceeding ±15 percent of the value
established under § 60.274(c) or
operation at flow rates lower than those
established under § 60.274(c) may be
considered by the Administrator or
delegated authority to be unacceptable
operation and maintenance of the
affected facility. Operation at such
values shall be reported to the
Administrator or delegated authority
semiannually.
*
*
*
*
*
■ 5. Amend the subpart AAa heading by
revising it to read as follows:
Subpart AAa—Standards of
Performance for Steel Plants: Electric
Arc Furnaces and Argon-Oxygen
Decarbonization Vessels Constructed
After August 17, 1983, and On or
Before May 16, 2022
*
*
*
*
*
6. Amend § 60.273a by revising
paragraphs (c) and (d)(2) to read as
follows:
■
§ 60.273a
Emission monitoring.
*
*
*
*
*
(c)(1) A continuous monitoring
system for the measurement of the
opacity of emissions discharged into the
atmosphere from the control device(s) is
not required:
(i) On any modular, multistack,
negative-pressure or positive-pressure
fabric filter if observations of the opacity
of the visible emission from the control
device are performed by a certified
visible emission observer; or
(ii) On any single-stack fabric filter if
observations of the opacity of the visible
emissions from the control device are
performed by a certified visible
emission observer and the owner
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11205
installs and operates a bag leak
detection system according to paragraph
(e) of this section whenever the control
device is being used to remove
particulate matter from the EAF or AOD.
(2) Visible emission observations shall
be conducted at least once per day of
the control device for at least three 6minute periods when the furnace is
operating in the melting and refining
period. All visible emissions
observations shall be conducted in
accordance with EPA Method 9 of
appendix A to this part, or, as an
alternative, according to ASTM D7520–
16 (incorporated by reference, see
§ 60.17), with the caveats described
under Shop opacity in § 60.271.
(3) If visible emissions occur from
more than one point, the opacity shall
be recorded for any points where visible
emissions are observed. Where it is
possible to determine that a number of
visible emission points relate to only
one incident of the visible emission,
only one set of three 6-minute
observations will be required. In that
case, EPA Method 9 observations must
be made for the point of highest opacity
that directly relates to the cause (or
location) of visible emissions observed
during a single incident. Records shall
be maintained of any 6-minute average
that is in excess of the emission limit
specified in § 60.272(a)(2).
(d) * * *
(2) No less than once per week, during
the heat cycle as defined in § 60.271a,
melt shop with more than one EAF shall
conduct these readings while all EAFs
are in operation. All EAFs are not
required to be on the same schedule for
tapping.
*
*
*
*
*
■ 7. Amend § 60.274a by revising
paragraphs (b)(1), (b)(3), (c), and (h)(9)
to read as follows:
§ 60.274a
Monitoring of operations.
*
*
*
*
*
(b) * * *
(1) Monitor and record once per shift
the block 15-minute average furnace
static pressure (if a DEC system is in
use, and a furnace static pressure gauge
is installed according to paragraph (f) of
this section) and either:
(i) Install, calibrate, and maintain a
monitoring device that continuously
records the capture system fan motor
amperes and damper position(s);
(ii) Monitor and record as no greater
than 15-minute integrated block average
basis the volumetric flow rate through
each separately ducted hood; or
(iii) Install, calibrate, and maintain a
monitoring device that continuously
records the volumetric flow rate at the
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control device inlet and record damper
positions(s).
*
*
*
*
*
(3) Parameters monitored pursuant to
this paragraph, excluding damper
position, shall be recorded as integrated
block averages not to exceed 15
minutes.
(c)(1) When the owner or operator of
an affected facility is required to
demonstrate compliance with the
standards under § 60.272a(a)(3) and at
any other time that the Administrator
may require (under section 114 of the
CAA, as amended), the owner or
operator shall, during periods in which
a hood is operated for the purpose of
capturing emissions from the affected
facility subject to paragraph (b) of this
section, either:
(i) Install, calibrate, and maintain a
monitoring device that continuously
records the fan motor amperes at each
damper position, and damper position
consistent with paragraph (h)(5) of this
section; or
(ii) Monitor and record as no greater
than 15-minute integrated block average
basis the volumetric flow rate through
each separately ducted hood; or
(iii) Install, calibrate, and maintain a
monitoring device that continuously
records the volumetric flow rate at the
control device inlet and monitor and
record the damper position consistent
with paragraph (h)(5) of this section.
(2) Parameters monitored pursuant to
this paragraph, excluding damper
position, shall be recorded as integrated
block averages not to exceed 15
minutes.
(3) The owner or operator may
petition the Administrator or delegated
authority for reestablishment of these
parameters whenever the owner or
operator can demonstrate to the
Administrator’s or delegated authority’s
satisfaction that the affected facility
operating conditions upon which the
parameters were previously established
are no longer applicable. The values of
the parameters as determined during the
most recent demonstration of
compliance shall be the appropriate
operational range or control set point
throughout each applicable period.
Operation at values beyond the accepted
operational range or control set point
may be subject to the requirements of
§ 60.276a(c).
*
*
*
*
*
(h) * * *
(9) Parameters monitored pursuant to
paragraphs (h)(6) through (8) of this
section shall be recorded as integrated
block averages not to exceed 15
minutes.
■ 8. Amend § 60.276a by revising
paragraph (c) to read as follows:
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§ 60.276a Recordkeeping and reporting
requirements.
*
*
*
*
*
(c) Continuous operation at a furnace
static pressure that exceeds the
operational range or control setting
under § 60.274a(g), for owners and
operators that elect to install a furnace
static pressure monitoring device under
§ 60.274a(f) and either operation of
control system fan motor amperes at
values exceeding ±15 percent of the
value established under § 60.274a(c) or
operation at flow rates lower than those
established under § 60.274a(c) may be
considered by the Administrator or
delegated authority to be unacceptable
operation and maintenance of the
affected facility. Operation at such
values shall be reported to the
Administrator or delegated authority
semiannually.
*
*
*
*
*
Subpart AAb—Standards of
Performance for Steel Plants: Electric
Arc Furnaces and Argon-Oxygen
Decarbonization Vessels Constructed
After May 16, 2022
9. Amend § 60.271b by revising the
definition ‘‘Shop opacity’’ to read as
follows:
■
§ 60.271b
Definitions.
*
*
*
*
*
Shop opacity means the arithmetic
average of 24 observations of the opacity
of any EAF or AOD emissions
emanating from, and not within, the
shop, during melting and refining, and
during tapping, taken in accordance
with Method 9 of appendix A of this
part; and during charging, according to
the procedures in section 2.5 of Method
9 in appendix A to part 60 of this
chapter, with the following
modifications: begin reading opacity
when charging is first initiated and
continue reading until melting and
refining begins, or for a minimum of 3
minutes total. From the readings
collected, take the average of the highest
12 15-second opacity observations (total
of 3 minutes) during this period to
determine the 3-minute opacity average
associated with charging. For the daily
opacity observation during melting and
refining, facilities may measure opacity
by EPA Method 22 of appendix A of this
part, modified to require the recording
of the aggregate duration of visible
emissions at 15-second intervals.
Alternatively, ASTM D7520–16
(incorporated by reference, see § 60.17),
may be used with the following five
conditions:
(1) During the digital camera opacity
technique (DCOT) certification
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Sfmt 4700
procedure outlined in section 9.2 of
ASTM D7520–16 (incorporated by
reference, see § 60.17), the owner or
operator or the DCOT vendor must
present the plumes in front of various
backgrounds of color and contrast
representing conditions anticipated
during field use such as blue sky, trees,
and mixed backgrounds (clouds and/or
a sparse tree stand);
(2) The owner or operator must also
have standard operating procedures in
place including daily or other frequency
quality checks to ensure the equipment
is within manufacturing specifications
as outlined in section 8.1 of ASTM
D7520–16 (incorporated by reference,
see § 60.17);
(3) The owner or operator must follow
the recordkeeping procedures outlined
in § 60.7(f) for the DCOT certification,
compliance report, data sheets, and all
raw unaltered JPEGs used for opacity
and certification determination;
(4) The owner or operator or the
DCOT vendor must have a minimum of
four independent technology users
apply the software to determine the
visible opacity of the 300 certification
plumes. For each set of 25 plumes, the
user may not exceed 15 percent opacity
of any one reading and the average error
must not exceed 7.5 percent opacity;
(5) Use of this approved alternative
does not provide or imply a certification
or validation of any vendor’s hardware
or software. The onus to maintain and
verify the certification and/or training of
the DCOT camera, software, and
operator in accordance with ASTM
D7520–16 (incorporated by reference,
see § 60.17) and these requirements is
on the facility, DCOT operator, and
DCOT vendor.
*
*
*
*
*
■ 10. Amend § 60.272b by revising
paragraph (a)(3) to read as follows:
§ 60.272b
Standard for particulate matter.
(a) * * *
(3) Exit from a shop and, due solely
to the operations of any affected EAF(s)
or AOD vessel(s) during melting and
refining exhibit greater than 0 percent
opacity, and during tapping exhibit
greater than 6 percent opacity, as
measured in accordance with Method 9
of appendix A of this part; and during
charging, exhibit greater than 6 percent
opacity, as measured according to the
procedures in section 2.5 of Method 9
in appendix A to part 60 of this chapter,
with the modification of this section of
Method 9, as follows: begin reading
opacity when charging is first initiated
and continue reading until melting and
refining begins, or for a minimum of 3
minutes total. From the readings
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collected, take the average of the highest
12 15-second opacity observations (total
of 3 minutes) during this period to
determine the 3-minute opacity average
associated with charging. For the daily
opacity observation during melting and
refining, facilities may measure opacity
by EPA Method 22 of appendix A of this
part, modified to require the recording
of the aggregate duration of visible
emissions at 15-second intervals. As an
alternative, facilities may measure
opacity according to ASTM D7520–16
(incorporated by reference, see § 60.17),
with the caveats described under Shop
opacity in § 60.271 or, for the daily
opacity observations during melting and
refining, exhibit 0 seconds of visible
emissions as measured by EPA Method
22 of appendix A of this part, modified
to require the recording of the aggregate
duration of visible emissions at 15second intervals. Shop opacity shall be
recorded for any point(s) during melting
and refining, during charging, and
during tapping where visible emissions
are observed. Where it is possible to
determine that a number of visible
emission sites relate to only one
incident of visible emissions during
melting and refining, during charging,
or during tapping, only one observation
of shop opacity or visible emissions will
be required during melting and refining,
during charging, or during tapping. In
this case, the shop opacity or visible
emissions observations must be made
for the point of highest emissions during
melting and refining, during charging,
or during tapping that directly relates to
the cause (or location) of visible
emissions observed during a single
incident.
*
*
*
*
*
■ 11. Amend § 60.273b by revising
paragraphs (c), (d)(2), (d)(3), and (e)
introductory text to read as follows:
§ 60.273b
Emission monitoring.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
*
(c)(1) A continuous monitoring
system for the measurement of the
opacity of emissions discharged into the
atmosphere from the control device(s) is
not required:
(i) On any modular, multistack,
negative-pressure or positive-pressure
fabric filter if observations of the opacity
of the visible emission from the control
device are performed by a certified
visible emission observer; or
(ii) On any single-stack fabric filter if
observations of the opacity of the visible
emissions from the control device are
performed by a certified visible
emission observer and the owner
installs and operates a bag leak
detection system according to paragraph
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(e) of this section whenever the control
device is being used to remove
particulate matter from the EAF or AOD.
(2) Visible emission observations shall
be conducted at least once per day of
the control device for at least three 6minute periods when the furnace is
operating in the melting and refining
period. All visible emissions
observations shall be conducted in
accordance with EPA Method 9 of
appendix A to this part, or, as an
alternative, according to ASTM D7520–
16 (incorporated by reference, see
§ 60.17), with the caveats described
under Shop opacity in § 60.271.
(3) If visible emissions occur from
more than one point, the opacity shall
be recorded for any points where visible
emissions are observed. Where it is
possible to determine that a number of
visible emission points relate to only
one incident of the visible emission,
only one set of three 6-minute
observations will be required. In that
case, EPA Method 9 observations must
be made for the point of highest opacity
that directly relates to the cause (or
location) of visible emissions observed
during a single incident. Records shall
be maintained of any 6-minute average
that is in excess of the emission limit
specified in § 60.272b(a)(2).
(d) * * *
(2) No less than once per week, during
the heat cycle as defined in § 60.271b,
a melt shop with more than one EAF
shall conduct these readings while all
EAFs are in operation. All EAFs are not
required to be on the same schedule for
tapping.
(3) Shop opacity shall be determined
as the arithmetic average of 24
consecutive 15-second opacity
observations of emissions from the shop
taken in accordance with Method 9
during melting and refining and during
tapping; and during charging
determined according to the procedures
in section 2.5 of Method 9 in appendix
A to part 60 of this chapter, with the
modification as follows: begin reading
opacity when charging is first initiated
and continue reading until melting and
refining begins, or for a minimum of 3
minutes total. From the readings
collected, take the average of the highest
12 15-second opacity observations (total
of 3 minutes) during this period to
determine the 3-minute opacity average
associated with charging. For the daily
opacity observation during melting and
refining, facilities may measure opacity
by EPA Method 22 of appendix A of this
part, modified to require the recording
of the aggregate duration of visible
emissions at 15-second intervals. As an
alternative, facilities may measure the
opacity according to ASTM D7520–16
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
11207
(incorporated by reference, see § 60.17),
with the caveats described under Shop
opacity in § 60.271, or, during melting
and refining, as the total duration of
visible emissions measured according to
EPA Method 22 over a 6-minute period,
modified to require the recording of the
aggregate duration of visible emissions
at 15-second intervals. Shop opacity
shall be recorded for any point(s) where
visible emissions are observed. Where it
is possible to determine that a number
of visible emission points relate to only
one incident of visible emissions, only
one observation of shop opacity will be
required. In this case, the shop opacity
observations must be made for the point
of highest opacity that directly relates to
the cause (or location) of visible
emissions observed during a single
incident. Shop opacity shall be
determined daily during melting and
refining, during charging, and during
tapping.
(e) A bag leak detection system must
be installed and operated on all singlestack fabric filters whenever the control
device is being used to remove
particulate matter from the EAF or AOD
vessel if the owner or operator elects not
to install and operate a continuous
opacity monitoring system as provided
for under paragraph (c) of this section.
In addition, the owner or operator shall
meet the visible emissions observation
requirements in paragraph (c) of this
section. The bag leak detection system
must meet the specifications and
requirements of paragraphs (e)(1)
through (8) of this section.
*
*
*
*
*
■ 12. Amend § 60.274b by revising
paragraphs (b), (c), and (h)(9) to read as
follows:
§ 60.274b
Monitoring of operations.
*
*
*
*
*
(b) Except as provided under
paragraph (e) of this section, the owner
or operator subject to the provisions of
this subpart shall conduct the following
monitoring of the capture system to
demonstrate continuous compliance:
(1) If a DEC system is in use,
according to paragraph (f) of this
section, monitor and record once per
shift the block 15-minute average
furnace static pressure and any one of
(2) through (4) in this paragraph:
(2) Install, calibrate, and maintain a
monitoring device that continuously
records the fan motor amperes at each
damper position, and damper position
consistent with paragraph (h)(5) of this
section; or
(3) Monitor and record as no greater
than 15-minute integrated block average
basis the volumetric air flow rate at each
separately ducted hood; or
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(4) Install, calibrate, and maintain a
monitoring device that continuously
records the volumetric flow rate at the
control device inlet and monitor and
record the damper position consistent
with paragraph (h)(5) of this section.
(5) The furnace static pressure
monitoring device(s) shall be installed
in an EAF or DEC duct prior to
combining with other ducts and prior to
the introduction of ambient air, at a
location that has no flow disturbance
due to the junctions.
(6) The volumetric flow monitoring
device(s) may be installed in any
appropriate location in the capture
system such that reproducible flow rate
monitoring will result. The flow rate
monitoring device(s) shall have an
accuracy of ±10 percent over its normal
operating range and shall be calibrated
according to the manufacturer’s
instructions. The Administrator may
require the owner or operator to
demonstrate the accuracy of the
monitoring device(s) relative to EPA
Methods 1 and 2 of appendix A of this
part.
(7) Parameters monitored pursuant to
this paragraph, excluding damper
position, shall be recorded as integrated
block averages not to exceed 15
minutes.
(c)(1) When the owner or operator of
an affected facility is required to
demonstrate compliance with the
standards under § 60.272b(a)(3) and at
any other time that the Administrator
may require (under section 114 of the
CAA, as amended), the owner or
operator shall, during all periods in
which a hood is operated for the
purpose of capturing emissions from the
affected facility subject to paragraph (b)
of this section, either:
(i) Install, calibrate, and maintain a
monitoring device that continuously
records the fan motor amperes at each
damper position, and damper position
consistent with paragraph (h)(5) of this
section;
(ii) Monitor and record as no greater
than 15-minute integrated block average
basis the volumetric flow rate through
each separately ducted hood; or
(iii) Install, calibrate, and maintain a
monitoring device that continuously
records the volumetric flow rate at the
control device inlet, and monitor and
record the damper position consistent
with paragraph (h)(5) of this section.
(2) Parameters monitored pursuant to
this paragraph, excluding damper
position, shall be recorded as integrated
block averages not to exceed 15
minutes.
(3) The owner or operator may
petition the Administrator or delegated
authority for reestablishment of these
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parameters whenever the owner or
operator can demonstrate to the
Administrator’s or delegated authority’s
satisfaction that the affected facility
operating conditions upon which the
parameters were previously established
are no longer applicable. The values of
the parameters as determined during the
most recent demonstration of
compliance shall be the appropriate
operational range or control set point
throughout each applicable period.
Operation at values beyond the accepted
operational range or control set point
may be subject to the requirements of
§ 60.276b(c).
*
*
*
*
*
(h) * * *
(9) Parameters monitored pursuant to
paragraphs (h)(6) through (8) of this
section shall be recorded as integrated
block averages not to exceed 15
minutes.
■ 13. Amend § 60.276b by revising
paragraph (c) to read as follows:
§ 60.276b Recordkeeping and reporting
requirements.
*
*
*
*
*
(c) Operation at a furnace static
pressure that exceeds the operational
range or control setting under
§ 60.274b(g), for owners and operators
that elect to install a furnace static
pressure monitoring device under
§ 60.274b(f) and either operation of
control system fan motor amperes at
values exceeding ±15 percent of the
value established under § 60.274b(c) or
operation ranges or control settings
outside of those established under
§ 60.274b(c) may be considered by the
Administrator or delegated authority to
be unacceptable operation and
maintenance of the affected facility.
Operation at such values shall be
reported to the Administrator or
delegated authority semiannually.
*
*
*
*
*
[FR Doc. 2024–02634 Filed 2–13–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 240208–0042; RTID 0648–
XR071]
Endangered and Threatened Wildlife
and Plants: Listing the Queen Conch
as Threatened Under the Endangered
Species Act (ESA)
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
We, NMFS, are listing the
queen conch (Aliger gigas, formerly
known as Strombus gigas) as a
threatened species under the
Endangered Species Act (ESA). We have
completed a review of the status of
queen conch, including efforts being
made to protect the species, and
considered public comments submitted
on the proposed listing rule as well as
new information received since the
publication of the proposed rule. Based
on all of this information, we have
determined that the queen conch is not
currently in danger of extinction
throughout all or a significant portion of
its range, but is likely to become so
within the foreseeable future. Thus, we
are listing the queen conch as a
threatened species under the ESA. At
this time, we conclude that critical
habitat is not yet determinable because
data sufficient to perform the required
analysis are lacking; any critical habitat
designation would be proposed in a
separate, future rulemaking.
DATES: This final rule is effective on
March 15, 2024.
ADDRESSES: Public comments that were
submitted on the proposed rule to list
queen conch are available at https://
www.regulations.gov identified by
docket number NOAA–NMFS–2019–
0141. A list of references cited in this
final rule and other supporting materials
are available at: https://
www.fisheries.noaa.gov/species/queenconch, or by submitting a request to the
National Marine Fisheries Service,
Southeast Regional Office, Protected
Resources Division, 263 13th Avenue
South, St. Petersburg, Florida 33701.
Information relevant to inform separate
rulemakings to designate critical habitat
for queen conch or issue protective
regulations for queen conch may be
submitted to this mailing address or to
the email address indicated below (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Orian Tzadik, NMFS Southeast Regional
Office, (813) 906–0353–C; or
Orian.Tzadik@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On February 27, 2012, we received a
petition from WildEarth Guardians to
list the queen conch as threatened or
endangered throughout all or a
significant portion of its range under the
ESA. We determined that the petitioned
action may be warranted and published
a positive 90-day finding in the Federal
E:\FR\FM\14FER1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Rules and Regulations]
[Pages 11198-11208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02634]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2002-0049; FRL-8150.1-03-OAR]
New Source Performance Standards Review for Steel Plants:
Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels;
Corrections
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule; request for comment.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking interim
final action on corrections and clarifications to the new source
performance standards (NSPS) for electric arc furnaces and argon-oxygen
decarburization vessels in the steel industry. The corrections and
clarifications are being made to address unintended and inadvertent
errors in the recently finalized standards.
DATES: This interim final rule is effective on February 14, 2024.
Comments on this rule must be received on or before March 15, 2024.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0049 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-2002-0049 in the subject line of the message.
Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2002-0049.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2002-0049, 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).
Comments received may be posted without change to https://www.regulations.gov, including any personal information provided. For
detailed instructions on sending comments, see the ``Public
Participation'' heading of the General Information section of this
document under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Donna Lee Jones, Sector Policies and
Programs Division (D243-02), 109 T.W. Alexander Drive, P.O. Box 12055,
Office of Air Quality Planning and Standards, United States
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-5251; email address:
[email protected].
Preamble acronyms and abbreviations. Throughout this document the
use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. 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:
AOD argon-oxygen decarburization
APA Administrative Procedure Act
BLDS bag leak detection system
CAA Clean Air Act
CBI confidential business information
CFR Code of Federal Regulations
CRA Congressional Review Act
DCOT during the digital camera opacity technique
DEC direct shell evacuation control
EAF electric arc furnace
EPA Environmental Protection Agency
FR Federal Register
FTP File Transfer Protocol
NAICS North American Industry Classification System
NSPS new source performance standards
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PM particulate matter
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
UMRA Unfunded Mandates Reform Act of 1995
U.S. United States of America
U.S.C. United States Code
Organization of this document. The information in this preamble is
organized as follows:
I. General Information
A. Public Participation
B. Potentially Affected Entities
C. Statutory Authority
D. Judicial Review and Administrative Review
II. Regulatory Revisions
A. Background and Summary
B. Specific Regulatory Revisions
III. Rulemaking Procedures
IV. Request for Comment
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review, as
Amended by Executive Order 14094: Modernizing Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act of 1995 (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA) and
1 CFR Part 51
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations and Executive Order 14096: Revitalizing our Nation's
Commitment to Environmental Justice for All
K. Congressional Review Act (CRA)
[[Page 11199]]
SUPPLEMENTARY INFORMATION:
I. General Information
A. Public Participation
Submit your written comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0049, at https://www.regulations.gov (our preferred method),
or by the other methods identified in the ADDRESSES section. Once
submitted, comments cannot be edited or removed from the docket. The
EPA may publish any comment received to its public docket. Do not
submit to the EPA's docket at https://www.regulations.gov any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. This
type of information should be submitted as discussed in the Submitting
CBI section of this document. 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). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission
methods; the full EPA public comment policy; information about CBI or
multimedia submissions; and general guidance on making effective
comments.
Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov. 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, note the docket ID,
mark the outside of the digital storage media as CBI, and 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 the Public Participation section of this document. 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 and note the docket ID. 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.
Our preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol (FTP),
or other online file sharing services (e.g., Dropbox, OneDrive, Google
Drive). Electronic submissions must be transmitted directly to the
OAQPS CBI Office at the email address [email protected], and as
described above, should include clear CBI markings and note the docket
ID. If assistance is needed with submitting large electronic files that
exceed the file size limit for email attachments, and if you do not
have your own file sharing service, please email [email protected] to
request a file transfer link. If sending CBI information through the
postal service, please send it to the following address: OAQPS Document
Control Officer (C404-02), OAQPS, U.S. Environmental Protection Agency,
109 T.W. Alexander Drive, P.O. Box 12055 RTP, North Carolina 27711,
Attention Docket ID No. EPA-HQ-OAR-2002-0049. The mailed CBI material
should be double wrapped and clearly marked. Any CBI markings should
not show through the outer envelope.
B. Potentially Affected Entities
The source category that is the subject of this interim final
action is composed of steel manufacturing facilities that operate
electric arc furnaces (EAF) and argon-oxygen decarburization (AOD)
vessels regulated under CAA section 111 New Source Performance
Standards (NSPS). The 2022 North American Industry Classification
System (NAICS) code for the source category is 331110 for ``Iron and
Steel Mills and Ferroalloy Manufacturing'' processes. The NAICS code
serves as a guide for readers outlining the type of entities that this
interim final action is likely to affect.
There are approximately 88 EAF facilities in the United States of
America (U.S.), with most (>95 percent) EAF facilities subject to one
of the EAF NSPS that are described below.
The information provided in this section on potentially affected
entities is not intended to be exhaustive. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the FOR FURTHER INFORMATION CONTACT
section.
C. Statutory Authority
Statutory authority to issue the amendments finalized in this
action is provided by the same Clean Air Act (CAA) provisions that
provided authority to issue the regulations being amended: CAA section
111(b)(1)(B) (requirement to review, and if appropriate, revise, NSPS
standards at least every 8 years), and CAA section 301, 42 U.S.C. 7601
(general rulemaking authority). Statutory authority for the rulemaking
procedures followed in this action is provided by Administrative
Procedure Act (APA) section 553, 5 U.S.C. 553.
D. Judicial Review and Administrative Review
Under CAA section 307(b)(1), judicial review of this final action
is available only by filing a petition for review in the United States
Court of Appeals for the District of Columbia Circuit by April 15,
2024. Under CAA section 307(b)(2), the requirements established by this
final rule may not be challenged separately in any civil or criminal
proceedings brought by the EPA to enforce the requirements.
II. Regulatory Revisions
A. Background and Summary
In 1975, the EPA first promulgated the EAF NSPS (subpart AA) to
regulate emissions of particulate matter (PM) from new, reconstructed
or modified EAF that produce steel. These standards apply to sources
that commenced construction, modification, or reconstruction after
October 21, 1974, and on or before August 17, 1983. In 1984, the EPA
promulgated an updated EAF NSPS as subpart AAa, which revised the
standards for EAF and also addressed AOD units. These standards apply
to sources that commenced construction, modification or reconstruction
after August 17, 1983, and on or before May 16, 2022. On August 25,
2023, the EPA promulgated amendments to the EAF NSPS (88 FR 58459),
including a new NSPS subpart AAb that establishes standards applicable
to units that are new, modified, or reconstructed after May 16, 2022,
as well as certain amendments to NSPS subparts AA and AAa that are
applicable to units that began construction or reconstruction by the
earlier dates specified in those two subparts.
Relevant to this action, the 2023 final rule included the
following: (1) a new NSPS subpart AAb which maintained the requirement
for facilities to meet a shop opacity of six percent during charging
\1\--the same as is required
[[Page 11200]]
under subparts AA and AAa; and required opacity testing to be performed
once a day during charging for 3 minutes using EPA Method 9 in appendix
A to part 60 of this chapter, from the average of 12 consecutive
observations recorded at 15-second intervals; (2) a provision under
subparts AA, AAa, and AAb that permits EAF, AOD, or both facilities
with direct shell evacuation control (DEC) that want to avoid the
requirement to use a furnace static pressure monitoring device to, as
an alternative, perform observations of shop opacity no less than once
per week from the end of one EAF heat cycle to the end of the following
heat cycle (a heat cycle means the period beginning when scrap is
charged to an EAF shell and ending when the EAF tap is completed or
beginning when molten steel is charged to an AOD vessel and ending when
the AOD vessel tap is completed); and (3) a compliance date for
provisions applicable to facilities subject to subpart AA or AAa of
February 21, 2024. The standards and requirements under subpart AAb
were effective immediately upon publication of the final rule on August
25, 2023.
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\1\ There are three stages of EAF operation, where one of the
three stages is charging of raw materials (metal scrap) into the
EAF. Charging typically occurs in periods of less than 1 minute to
up to 3 minutes. Steel is produced in batches, where a single batch
can last from 1 hour to 10 hours, where 5 hours is a typical batch
time period. Charging, therefore, is a small subset of the time that
an EAF is operating.
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Following issuance of the final rule, the EPA was notified by
industry representatives of several errors in the final regulatory text
for subparts AA, AAa, and AAb. The American Iron and Steel Institute
(``AISI''), the Steel Manufacturers Association (``SMA''), and the
Specialty Steel Industry of North America (``SSINA'') (collectively,
``the Steel Associations'') submitted letters on August 17 and
September 29, 2023, detailing concerns with the final rule, including
certain new requirements in the final regulatory text, and requested
corrections. In addition, on October 24, 2023, the Steel Associations
submitted a petition for reconsideration and a request for an
administrative stay pursuant to CAA section 307(d)(7)(B), identifying,
among other issues, concerns with new requirements in the final
regulatory text.\2\
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\2\ On the same day, the Steel Associations filed a petition for
review of the 2023 final rule in the D.C. Circuit. Am. Iron & Steel
Institute v. EPA, No. 23-1292. The litigation is presently in
abeyance while the EPA undertakes this action.
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This action addresses errors identified by the Steel Associations,
which are described in the following paragraphs, as well as errors
identified by the EPA. This action does not attempt to address all
issues identified in the Steel Associations communications, as the EPA
continues to review the other issues not directly addressed in this
action. To the extent the EPA determines that additional action is
appropriate to address these other issues, we will initiate a separate
rulemaking action.
In the 2023 final rule, the EPA inadvertently included a
requirement under subparts AA, AAa and AAb for observations of shop
opacity to be performed by a certified visible emission observer no
less than once per week for all EAF facilities subject to subparts AA,
AAa or AAb, starting at the end of one EAF heat cycle and stopping at
the end of the following heat cycle. The EPA never proposed nor
intended to include such a requirement in the final rule. Because this
requirement had not been included in the 2022 EAF NSPS proposed rule
(87 FR 29710), the public did not have an opportunity to comment on
this requirement, and the effects of the requirement were not included
in the EPA's cost estimates or economic impact analysis for the 2023
final rule (88 FR 58459).
In addition, after the 2023 final rule was promulgated, the EPA
discovered that the charging period associated with the finalized
opacity testing requirement in NSPS subpart AAb, despite being the
shortest operational period for an EAF, AOD or both, could be broken up
into multiple discrete time periods at some EAF, AOD, or both and that
the opacity plume for charging sometimes lasts after charging has
stopped. Therefore, testing opacity ``during charging'' for a
continuous 3-minute period, as the final EAF NSPS rule required, would
not be possible in the case of multiple discrete charges or if the
charging plume continues to be observable after charging of materials
ceases.
We also discovered a typographical error in the standards section
of subpart AAb for measurement of shop opacity, where charging was
mentioned twice instead of once and with two different sets of
requirements. The duplicative references to ``charging'' would require
testing both for 3 minutes and 6 minutes, and require no testing for
tapping. This was inconsistent with other provisions of the rule that
accurately described the testing requirements and with the EPA's
clearly stated intent in the preamble that the 6-minute opacity testing
was intended for tapping and the 3-minute testing was intended for
charging. (88 FR 58459).
Additional errors we are addressing in this action include: (1)
correcting in 40 CFR 60.273(d)(2), 60.273a(d)(2), and 60.273b(d)(2) the
omitted timing of the requirement to conduct shop opacity monitoring
when more than one EAF are located in a shop; and (2) correcting in 40
CFR 60.273(c), 60.273a(c), and 60.273b(e) the erroneous requirement
included in the final rule that all fabric filters must have a
continuous opacity monitoring system (COMS) or bag leak detection
system (BLDS) by renumbering the regulatory text as 40 CFR
60.273(c)(1)-(c)(3)/60.273a(c)(1)-(c)(3) and removing the phrase ``on
all fabric filters'' in 40 CFR 60.273b(e); and (3) renumbering rule
text in 40 CFR 60.274b(c)(1)-(c)(5) to clarify that the requirements in
paragraphs (c)(1)-(c)(3) of Sec. Sec. 60.274, 60.274a, and 60.274b are
a choice, and that (c)(4) and (c)(5) apply to any of the choices made
in (c)(1)-(c)(3).
We also discovered that several paragraphs under ``Monitoring of
operations'' in subpart AA Sec. 60.274(b), (c), and (i), subpart AAa
Sec. 60.274a(b), (c), and (h), and subpart AAb Sec. 60.274b(b), (c),
and (h) do not reflect what we plainly stated in the preamble (88 FR
58465, 58466, 58484), in response to comments, that we were not
adopting the proposed rule provisions that would have required
continuously monitoring of volumetric flow rate at each separately
ducted hood and furnace static pressure, and instead were finalizing
provisions that require recording these parameters as no greater than
15-minute integrated block averages. Relatedly, the 2023 final
regulatory text was ambiguous as to whether facilities needed to
monitor 15-minute rolling averages or integrated block averages. Our
stated intent in the preamble to the final rule was to require 15-
minute integrated block averages; therefore, in this action, in
Sec. Sec. 60.274 and 60.274a, we are clarifying that volumetric flow
rates and furnace static pressure are to be recorded as no greater than
15-minute integrated block averages.
Finally, we also discovered a phrase under ``Recordkeeping and
reporting'' in subparts AA, AAa, and AAb under 40 CFR 60.276(a)/
60.276a(c)/60.276b(c) that was unintentionally and inadvertently
deleted in the final regulations in regard to operation of fan motors
for owners and operators that elect to install a furnace static
pressure monitoring device. Specifically, the regulatory text
inadvertently omitted a provision stating that ``operation of control
system fan motor amperes at values exceeding 15 percent of
the value established under 40 CFR 60.274(c)/60.274a(c)/60.274b(c)''
also constitutes unacceptable operation and maintenance of the affected
facility. Therefore, we are restoring this phrase
[[Page 11201]]
in subparts AA, AAa, and AAb under 40 CFR 60.276(a)/60.276a(c)/
60.276b(c).
The EPA is issuing this interim final rule to correct these errors
included in the EAF NSPS 2023 final rule.
B. Specific Regulatory Revisions
The regulatory revisions to 40 CFR part 60, subparts AA, AAa, and
AAb that are being revised in this action include the following:
1. Corrections to 40 CFR Part 60, Subparts AA and AAa
In this action, we are removing the inadvertently included
requirement in 40 CFR 60.273(d)(2) and 60.273a(d)(2) ``Emission
monitoring'' for lengthy, conflicting, and costly weekly opacity
monitoring from the end of one EAF, AOD, or both heat cycles to the end
of the following heat cycle, a time period that lasts from 1 to 10
hours, with an estimated average of 5 hours. As written, the
promulgated 2023 final rule erroneously required hours-long testing
that would have significant cost impacts, which are estimated to be
approximately $6 million per year. This requirement was not proposed
and was inadvertently added into the final rule, without appropriate
analysis and opportunity for public comment. Moreover, this requirement
is not necessary to ensure compliance with the standard and would cause
a significant unintended financial impact on the EAF, AOD, or both
currently subject to NSPS subpart AA and AAa.
We are also clarifying when to conduct the weekly shop opacity
monitoring when there is more than one EAF located in a shop by adding
``during the heat cycle as defined in 40 CFR 60.271,'' which was
inadvertently omitted from the final rule. As written in the 2023 final
rule 40 CFR 60.273(d)(2) and 60.273a(d)(2), the regulations are unclear
as to when opacity monitoring should be completed. The clarification
being finalized in this interim final current rule will require that
once a week, facility shops with more than one EAF are to perform the
required daily opacity monitoring when all EAF in the shop are
operating. Following these corrections, subparts AA and AAa retain the
requirement for daily opacity testing during melting and refining,
tapping, and charging for time periods of 6, 6, and 3 minutes,
respectively, as well as the requirement that facilities with more than
one EAF in a shop test opacity once a week with all EAF in operation.
In this action, we are also correcting errors in 40 CFR 60.273(c)
and 60.273a(c) by removing the erroneous requirement included in the
final rule that all fabric filters would need to install COMS or BLDS.
As written, the promulgated 2023 final rule required a large capital
investment for existing facilities with multi-stack fabric filters to
install COMS or BLDS on each fabric filter. This erroneous requirement
in the final rule is in direct conflict with both the preamble text (88
FR 58465) and our finalized regulations in 40 CFR 60.273(e) and
60.273a(e), which only require BLDS for single stack fabric filters
that do not have COMS. Therefore, by adding in paragraph and
subparagraph numbers (1)(i), (1)(ii), (2), and (3) in 40 CFR 60.273(c)
and 60.273a(c) to make clear that multi-stack fabric filters are not
required to install COMS or BLDS if observations of the opacity of the
visible emission from the control device are performed by a certified
visible emission observer, we will align Sec. 60.273(c) and Sec.
60.273a(c) with Sec. 60.273(e) and Sec. 60.273a(e), respectively, and
eliminate the requirement for existing facilities to install COMS or
BLDS by February 21, 2024.
We are clarifying 40 CFR 60.274(c)(1)-(5) and 60.274a(c)(1)-(5),
which, as written in the final regulations, could be interpreted to
allow the owner or operator to choose from one of five ways to monitor
EAF operation when demonstrating compliance with the shop opacity
standards in 40 CFR 60.272(a)(3) and 60.272a(a)(3) where a hood is used
for capture, as described in paragraphs 40 CFR 60.274 and 60.274a in
subparagraphs (c)(1), (c)(2), (c)(3), (c)(4), and (c)(5). This was an
error. We are correcting the requirements, as intended, to clearly
allow three choices of subparagraphs (c)(1), (c)(2), or (c)(3) to
demonstrate compliance, but also to require a demonstration of
compliance with both subparagraphs (c)(4) and (c)(5). These three
choices of monitoring in subparagraphs (c)(1), (c)(2), and (c)(3) are
choices between (c)(1), monitoring fan motor amperes at each damper
position; (c)(2), monitoring volumetric flow rate through each hood; or
(c)(3), monitoring volumetric flow rate at the control device inlet and
with damper position. The last two subparagraphs of 40 CFR 60.274 and
60.274a, specifically, (c)(4) and (c)(5), were intended to apply to any
of the three monitoring choices in (c)(1), (c)(2), or (c)(3), where
(c)(4) sets the time requirement for the monitoring as a rolling
averaging period not to exceed 15 minutes, and (c)(5) describes how
facilities can petition the Administrator to change any of the
operating conditions that they had previously chosen among (c)(1),
(c)(2), or (c)(3). Without this correction, the regulations do not
clearly indicate how facilities are to appropriately monitor EAF, AOD,
or both when demonstrating compliance with the shop opacity standard in
40 CFR 60.272(a)(3) and 60.272a(a)(3) where a hood is used for capture.
Therefore, as written in the 2023 final rule, facilities already
subject to the applicable standards could inadvertently become
noncompliant.
We also are correcting subparts AA and AAa, ``Monitoring of
operations'' in 40 CFR 60.274(b), (c), and (i) and 60.274a(b), (c), and
(h) for the parameters of volumetric flow rate through each separately
ducted hood and furnace static pressure by removing the requirements to
record a rolling 15-minute average on a continuous basis. As stated in
the final rule preamble (88 FR 58465, 58466), we intended to change
this proposed provision in response to comments and replace it with the
requirement to record as no greater than 15-minute integrated block
averages. Without these corrections, the regulations would be
inconsistent with our intended final action as described in the 2023
final rule preamble, would not clearly indicate how facilities are to
appropriately monitor EAF, AOD, or both, and facilities already subject
to the applicable standards could inadvertently become noncompliant.
Finally, we are correcting a requirement that was unintentionally
and inadvertently deleted in subparts AA and AAa, ``Recordkeeping and
reporting'' in 40 CFR 60.276(a)/60.276a(c)/60.276b(c), regarding the
operation of fan motors for owners and operators that elect to install
a furnace static pressure monitoring device under 40 CFR 60.274(f)/
60.274a(f)/60.274b(f). We are restoring the provision specifying that
``operation of control system fan motor amperes at values exceeding
15 percent of the value established under 40 CFR 60.274(c)/
60.274a(c)/60.274b(c)'' also constitutes unacceptable operation and
maintenance of the affected facility in addition to operation at flow
rates lower than those established under 40 CFR 60.274(c)/60.274a(c)/
60.274b(c). We never proposed to modify this provision and its deletion
in the final rule was unintended. As written in the final regulations,
facilities already subject to the applicable standards could
inadvertently become noncompliant if we do not make this correction.
2. Corrections to Subpart AAb
We are making the same correction to subpart AAb as described in in
II.B.1 for subparts AA and AAa because the requirement for lengthy,
conflicting, and
[[Page 11202]]
costly weekly opacity monitoring from the end of one EAF, AOD, or both
heat cycles to the end of the following heat cycle'' in 40 CFR
60.273b(d)(2) ``Emission monitoring'' was not proposed in 2022 (87 FR
29710), was not intended to be included in the promulgated 2023 final
rule (88 FR 58459), and is not necessary to ensure compliance with the
standards. In addition, this provision was not included in the cost
estimates for the final rule or economic impact analysis. The
correction for subpart AAb in this action returns the requirement in 40
CFR 60.273b(d)(2) to what had been proposed (87 FR 29710), where
opacity testing was required to be performed at least once per day when
the furnace is operating. This correction is consistent with the
requirements in the standards section of the rule, at 40 CFR
60.272b(a)(3), which were unchanged between the proposed rule (87 FR
29710) and promulgated final rule (88 FR 58459).
We are also clarifying, as we are in subparts AA and AAa, when to
conduct the weekly shop opacity monitoring when there is more than one
EAF located in a shop, by adding ``during the heat cycle as defined in
40 CFR 60.271b.'' This clarification requires that once a week,
facility shops with more than one EAF perform the required daily
opacity monitoring when all EAFs are operating.
Additionally in this action, we are correcting procedures for
opacity testing of shop emissions under Method 9 in subpart AAb at 40
CFR 60.271b ``Definitions,'' 40 CFR 60.272b(a)(3) ``Standard for
particulate matter,'' and 40 CFR 60.273b(d)(3) ``Emission monitoring,''
to address the situation where charging periods at some EAF, AOD, or
both may be broken into multiple, shorter periods of charging rather
than one continuous charge, and for delayed plumes from charging. The
final rule promulgated in 2023 (88 FR 58442) defined the charging
testing period in subpart AAb as ``12 15-second continuous opacity
observations'' (a total of 3 minutes) to accommodate the shorter
periods of charging that are less than the 6 minutes required for
melting and refining, and for tapping. However, as promulgated in the
2023 final rule, this requirement may not always be technically
feasible for a facility to meet. In this interim final rule, we are
clarifying that the 3 minutes of opacity observation does not need to
be continuous (although the observation periods should still total 3
minutes), to accommodate EAF, AOD, or both that are charged in multiple
short batches of less than a duration of 3 minutes each.
In some instances, the opacity due to charging can continue to be
observable after the charging activity has stopped, but before melting
and refining begins. As provided in the 2023 final rule, the compliance
testing requirements cannot be accurately completed at some facilities
due to short charging periods and the requirement to only test opacity
during charging. In this action, we are thus clarifying that the
charging opacity observations can continue after the activity of
charging ceases, up until melting and refining begins, which is
necessary when opacity observations during charging have not yet
reached 3 minutes in total and the charging opacity continues up until
melting and refining begins.
Therefore, this action corrects the charging opacity measurement
regulatory text to remove ``continuous,'' and define the opacity
measurement period as beginning when charging is first initiated and
continuing until melting and refining begins, for a minimum of three
minutes of total opacity readings. The result of this change is that
the opacity test result for charging should be calculated from the
average of the highest twelve 15-second opacity observations (total of
3 minutes) during the charging period that is defined as beginning when
charging is first initiated and continuing until melting and refining
begins, to produce a 3-minute opacity average in an integrated sample,
as permitted under section 2.5 of Method 9.
We are correcting in this interim final rule a typographic error in
40 CFR 60.272b(a)(3) ``Standard for particulate matter'' promulgated in
the final rule in 2023 (88 FR 58459), where charging was required to be
tested both without modification of the 6-minute observation time
period as well as with modification to reduce the observation time
period to 3 minutes. The former time period of 6 minutes should have
been attributed to tapping and not charging, as is done in two other
places in the 2023 final rule (i.e., in 40 CFR 60.271b ``Definitions''
and 40 CFR 60.273b(d)(3) ``Emission monitoring''). Therefore, we are
correcting the first mention in 40 CFR 60.272b(a)(3) from ``charging''
to ``tapping''.
Additionally in this action, we are making the same correction to
subpart AAb, as described in in II.B.1, for subparts AA and AAa, by
removing the requirement erroneously included in the final regulations
in 40 CFR 60.273b(e) that all fabric filters need to have COMS or BLDS
installed. By removing the phrase ``on all fabric filters'' to make
clear that multi-stack fabric filters are not required to install COMS
or BLDS if observations of the opacity of the visible emission from the
control device are performed by a certified visible emission observer,
we will align 40 CFR 60.273b(e) with 40 CFR 60.273b(c) and eliminate
the need for all new, modified or reconstructed facilities to install
COMS or BLDS upon startup. We are also making the same correction to
subpart AAb, as described in II.B.1 for subparts AA and AAa, to allow a
choice between 40 CFR 60.274b(c)(1), (c)(2), or (c)(3) to demonstrate
compliance, but then also require a demonstration of compliance with
both subparagraphs (c)(4) and (c)(5). Without this edit, the
regulations do not clearly indicate how facilities are to appropriately
monitor EAF, AOD or both when demonstrating compliance with the shop
opacity standard in 40 CFR 60.272b(a)(3) where a hood is used for
capture. Therefore, as written in our final rule, facilities could
inadvertently become noncompliant.
We are making the same correction to subpart AAb under ``Monitoring
of operations'' in 40 CFR 60.274b(b), (c), and (h), as described in
II.B.1 for subparts AA and AAa, for the parameters of volumetric flow
rate through each separately ducted hood and furnace static pressure.
We are removing the requirements to record ``rolling 15-minute averages
on a continuous basis'' for the values for these parameters and
replacing with the requirement to ``record as no greater than 15-minute
integrated block averages.''
Finally, we are making the same corrections to subpart AAb under
``Recordkeeping and reporting requirements,'' as described in II.B.1
for subparts AA and AAa, for a requirement that was unintentionally and
inadvertently deleted in the final rule for subpart AAb under 40 CFR
60.276b(c), in regard to operation of fan motor for owners and
operators that elect to install a furnace static pressure monitoring
device under 40 CFR 60.274b(f). We are restoring the provision
specifying that ``operation of control system fan motor amperes at
values exceeding 15 percent of the value established under
40 CFR 60.274b(c)'' also constitutes unacceptable operation and
maintenance of the affected facility in addition to operation at flow
rates lower than those established under 40 CFR 60.274b(c).
III. Rulemaking Procedures
As noted in section I.C. of this document, the EPA's authority for
the rulemaking procedures followed in this
[[Page 11203]]
action is provided by APA section 553.\3\ In general, an agency issuing
a rule under the procedures in APA section 553 must provide prior
notice and an opportunity for public comment, but APA section 553(b)(B)
includes an exemption from notice-and-comment requirements ``when the
agency for good cause finds (and incorporates the finding and a brief
statement of reasons, therefore, in the rule issued) that notice and
public procedure thereon are impracticable, unnecessary, or contrary to
the public interest.'' This action is being issued without prior notice
or opportunity for public comment because the EPA finds that the APA
``good cause'' exemption from notice-and-comment requirements applies
here.
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\3\ Under CAA section 307(d)(1)(C), the EPA's promulgation or
revision of any standard of performance under CAA section 111 would
normally be subject to the rulemaking procedural requirements of CAA
section 307(d), including notice-and-comment procedures, but CAA
section 307(d) does not apply ``in the case of any rule or
circumstance referred to in subparagraphs (A) or (B) of [APA section
553(b)].'' CAA section 307(d)(1).
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Following notice-and-comment procedures is impracticable and
unnecessary for this action. The costly, conflicting, and burdensome
opacity emissions monitoring requirements inadvertently included in
subparts AA, AAa, and AAb were not proposed and were never intended to
become part of the regulatory text of the 2023 final rule. These
opacity monitoring requirements, as described in section II. of this
action, would add significant cost impacts to new and currently
operating sources that were not considered or included in the 2023
final rule because the EPA neither intended nor anticipated finalizing
such a provision. These erroneous requirements are already in effect
with respect to facilities subject to subpart AAb and will apply to
facilities subject to NSPS subparts AA and AAa on February 21, 2024.
Thus, it is critical to timely avoid this unintended and significant
burden.
Regarding the correction to subpart AAb for procedures for opacity
testing of shop emissions under Method 9, the regulations as finalized
are technically impossible for some facilities to meet due to opacity
plumes that could be delayed after charging stops, but before melting
and refining begins. Accordingly, a new facility that is constructed,
modified, or reconstructed would be subject to compliance assurance
provisions in subpart AAb with which the facility may not be able to
comply. This would create an unreasonable situation where a facility
could be considered to be in violation because it cannot comply with
these compliance assurance requirements, even though it would be able
to technically meet the applicable performance standard. Therefore, it
is imperative that the EPA make this correction to ensure new,
modified, and reconstructed are subject to opacity testing requirements
that are achievable.
Finally, this action is correcting several inadvertent errors in
the regulatory text of the final rule. First, this action is removing a
duplicative and contradictory reference in 40 CFR 60.272b(a)(3) to the
charging requirement, which does not change the substance of the
testing requirements. Second, this action is correcting regulatory text
in subparts AA, AAa, and AAb that accidentally retained certain
proposed language, contrary to the EPA's expressly stated intent in the
final rule preamble. And third, the EPA is restoring provisions that
were unintentionally deleted without prior notice or explanation and
which should have been retained. This action corrects these oversights
which, as described in section II., could cause some facilities to
become inadvertently noncompliant with the standards and subject to
potential enforcement action if not expeditiously corrected.
This action is effective immediately upon publication. Section
553(d) of the APA requires publication of the final rule to precede the
effective date by at least 30 days unless, as relevant here, the rule
relieves a restriction (40 CFR 553(d)(1)) or the agency finds good
cause to make the rule effective sooner (40 CFR 553(d)(3)). Under APA
section 553(d)(1), an exception applies to a rule that ``grants or
recognizes an exemption or relieves a restriction.'' Because the
corrections in this action relieve restrictions placed on facilities
from the 2023 final rule (e.g., removing an unintended, burdensome and
costly opacity monitoring requirement and relaxing unachievable testing
requirements), the normal 30-day minimum period between this action's
dates of publication and effectiveness is not required. Additionally,
as explained throughout this action, because the corrections to the
final rule relieve impracticable regulatory burdens and make
ministerial clarifications, there is a secondary good cause basis for
immediate effectiveness under APA section 553(d)(3). See Omnipoint
Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996) (in
determining whether good cause exists to make a rule immediately
effective, an agency should ``balance the necessity for immediate
implementation against principles of fundamental fairness which require
that all affected persons be afforded a reasonable amount of time to
prepare for the effective date of its ruling''). Because the rule does
not impose any new regulatory requirements, the regulated community
does not need time to prepare for the rule to come into effect.
IV. Request for Comment
As explained in section III. of this document, the EPA finds good
cause to take this interim final action without prior notice or
opportunity for public comment. However, the EPA is providing an
opportunity for comment on the content of the amendments and, thus,
requests comment on the corrections described in this rule. The EPA is
not reopening for comment any provisions of the 2023 final rule other
than the specific provisions that are expressly amended in this interim
final rule.
V. 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, as Amended by
Executive Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094, and was
therefore not subject to a requirement for Executive Order 12866
review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. The Office of Management and Budget (OMB) has previously
approved the information collection activities that apply to the EAF
facilities affected by this action and has assigned OMB control number
2060-0038. This action does not change the information collection
requirements.
C. 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.
D. Unfunded Mandates Reform Act of 1995 (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
[[Page 11204]]
uniquely affect small governments. The action imposes no enforceable
duty on any state, local or tribal governments or the private sector.
This rule corrects unintended errors in previous rule.
E. 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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. This rule will implement corrections and
clarifications to rule text applicable directly to the regulated
industry that needed clarification or that were erroneously included in
final rule. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 directs Federal agencies to include an
evaluation of the health and safety effects of the planned regulation
on children in Federal health and safety standards and explain why the
regulation is preferable to potentially effective and reasonably
feasible alternatives. This action is not subject to Executive Order
13045 because it is not a significant regulatory action under section
3(f)(1) of 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. The EPA does not believe
there are disproportionate risks to children because of this action
since it will not result in any changes to the control of air
pollutants.
H. 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.
I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51
This action does not involve technical standards; therefore, the
NTTAA does not apply.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
The EPA believes that this type of action does not concern human
health or environmental conditions and, therefore, cannot be evaluated
with respect to potentially disproportionate and adverse effects on
communities with environmental justice concerns.
K. Congressional Review Act (CRA)
This action is subject to the Congressional Review Act (CRA), 5
U.S.C. 801-808, and the EPA will submit a rule report to each House of
the Congress and to the Comptroller General of the United States. The
CRA allows the issuing agency to make a rule effective sooner than
otherwise provided by the CRA if the agency makes a good cause finding
that notice and comment rulemaking procedures are impracticable,
unnecessary, or contrary to the public interest (5 U.S.C. 808(2)). The
EPA has made a good cause finding for this rule as discussed in section
III. of this document, including the basis for that finding.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedures,
Air pollution control, Incorporation by reference, Reporting and
recordkeeping requirements.
Michael S. Regan,
Administrator.
For the reasons set forth in the preamble, the EPA amends 40 CFR
part 60 as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Standards of Performance for Steel Plants: Electric Arc
Furnaces Constructed After October 21, 1974, and On or Before
August 17, 1983
0
2. Amend Sec. 60.273 by revising paragraphs (c) and (d)(2) to read as
follows:
Sec. 60.273 Emission monitoring.
* * * * *
(c)(1) A continuous monitoring system for the measurement of the
opacity of emissions discharged into the atmosphere from the control
device(s) is not required:
(i) On any modular, multistack, negative-pressure or positive-
pressure fabric filter if observations of the opacity of the visible
emission from the control device are performed by a certified visible
emission observer; or
(ii) On any single-stack fabric filter if observations of the
opacity of the visible emissions from the control device are performed
by a certified visible emission observer and the owner installs and
operates a bag leak detection system according to paragraph (e) of this
section whenever the control device is being used to remove particulate
matter from the EAF.
(2) Visible emission observations shall be conducted at least once
per day of the control device for at least three 6-minute periods when
the furnace is operating in the melting and refining period. All
visible emissions observations shall be conducted in accordance with
EPA Method 9 of appendix A to this part, or, as an alternative,
according to ASTM D7520-16 (incorporated by reference, see Sec.
60.17), with the caveats described under Shop opacity in Sec. 60.271.
(3) If visible emissions occur from more than one point, the
opacity shall be recorded for any points where visible emissions are
observed. Where it is possible to determine that a number of visible
emission points relate to only one incident of the visible emission,
only one set of three 6-minute observations will be required. In that
case, EPA Method 9 observations must be made for the point of highest
opacity that directly relates to the cause (or location) of visible
emissions observed during a single incident. Records shall be
maintained of any 6-minute average that is in excess of the emission
limit specified in Sec. 60.272(a)(2).
(d) * * *
(2) No less than once per week, during a heat time as defined in
Sec. 60.271, a melt shop with more than one EAF shall conduct these
readings while all EAFs are in operation. All EAFs are not required to
be on the same schedule for tapping.
* * * * *
0
3. Amend Sec. 60.274 by revising paragraphs (b)(1), (b)(3), (c), and
(i)(9) to read as follows:
Sec. 60.274 Monitoring of operations.
* * * * *
(b) * * *
(1) Monitor and record once per shift the block 15-minute average
furnace static pressure (if a DEC system is in
[[Page 11205]]
use, and a furnace static pressure gauge is installed according to
paragraph (f) of this section) and either:
(i) Install, calibrate, and maintain a monitoring device that
continuously records the capture system fan motor amperes and damper
position(s); or
(ii) Monitor and record as no greater than 15-minute integrated
block average basis the volumetric flow rate through each separately
ducted hood; or
(iii) Install, calibrate, and maintain a monitoring device that
continuously records the volumetric flow rate at the control device
inlet and record damper position(s).
* * * * *
(3) Parameters monitored pursuant to this paragraph, excluding
damper position, shall be recorded as integrated block averages not to
exceed 15 minutes.
(c)(1) When the owner or operator of an affected facility is
required to demonstrate compliance with the standards under Sec.
60.272(a)(3) and at any other time that the Administrator may require
(under section 114 of the CAA, as amended), the owner or operator
shall, during periods in which a hood is operated for the purpose of
capturing emissions from the affected facility subject to paragraph (b)
of this section, either:
(i) Monitor and record the fan motor amperes at each damper
position, and damper position consistent with paragraph (i)(5) of this
section; or
(ii) Monitor and record as no greater than 15-minute integrated
block average basis the volumetric flow rate through each separately
ducted hood; or
(iii) Install, calibrate, and maintain a monitoring device that
continuously records the volumetric flow rate at the control device
inlet and monitor and record the damper position consistent with
paragraph (i)(5) of this section.
(2) Parameters monitored pursuant to this paragraph, excluding
damper position, shall be recorded as integrated block averages not to
exceed 15 minutes.
(3) The owner or operator may petition the Administrator or
delegated authority for reestablishment of these parameters whenever
the owner or operator can demonstrate to the Administrator's or
delegated authority's satisfaction that the EAF operating conditions
upon which the parameters were previously established are no longer
applicable. The values of the parameters as determined during the most
recent demonstration of compliance shall be the appropriate operational
range or control set point throughout each applicable period. Operation
at values beyond the accepted operational range or control set point
may be subject to the requirements of Sec. 60.276(a).
* * * * *
(i) * * *
(9) Parameters monitored pursuant to paragraphs (i)(6) through (8)
of this section shall be recorded as integrated block averages not to
exceed 15 minutes.
0
4. Amend Sec. 60.276 by revising paragraph (a) to read as follows:
Sec. 60.276 Recordkeeping and reporting requirements.
(a) Continuous operation at a furnace static pressure that exceeds
the operational range or control setting under Sec. 60.274(g), for
owners and operators that elect to install a furnace static pressure
monitoring device under Sec. 60.274(f) and either operation of control
system motor amperes at values exceeding 15 percent of the
value established under Sec. 60.274(c) or operation at flow rates
lower than those established under Sec. 60.274(c) may be considered by
the Administrator or delegated authority to be unacceptable operation
and maintenance of the affected facility. Operation at such values
shall be reported to the Administrator or delegated authority
semiannually.
* * * * *
0
5. Amend the subpart AAa heading by revising it to read as follows:
Subpart AAa--Standards of Performance for Steel Plants: Electric
Arc Furnaces and Argon-Oxygen Decarbonization Vessels Constructed
After August 17, 1983, and On or Before May 16, 2022
* * * * *
0
6. Amend Sec. 60.273a by revising paragraphs (c) and (d)(2) to read as
follows:
Sec. 60.273a Emission monitoring.
* * * * *
(c)(1) A continuous monitoring system for the measurement of the
opacity of emissions discharged into the atmosphere from the control
device(s) is not required:
(i) On any modular, multistack, negative-pressure or positive-
pressure fabric filter if observations of the opacity of the visible
emission from the control device are performed by a certified visible
emission observer; or
(ii) On any single-stack fabric filter if observations of the
opacity of the visible emissions from the control device are performed
by a certified visible emission observer and the owner installs and
operates a bag leak detection system according to paragraph (e) of this
section whenever the control device is being used to remove particulate
matter from the EAF or AOD.
(2) Visible emission observations shall be conducted at least once
per day of the control device for at least three 6-minute periods when
the furnace is operating in the melting and refining period. All
visible emissions observations shall be conducted in accordance with
EPA Method 9 of appendix A to this part, or, as an alternative,
according to ASTM D7520-16 (incorporated by reference, see Sec.
60.17), with the caveats described under Shop opacity in Sec. 60.271.
(3) If visible emissions occur from more than one point, the
opacity shall be recorded for any points where visible emissions are
observed. Where it is possible to determine that a number of visible
emission points relate to only one incident of the visible emission,
only one set of three 6-minute observations will be required. In that
case, EPA Method 9 observations must be made for the point of highest
opacity that directly relates to the cause (or location) of visible
emissions observed during a single incident. Records shall be
maintained of any 6-minute average that is in excess of the emission
limit specified in Sec. 60.272(a)(2).
(d) * * *
(2) No less than once per week, during the heat cycle as defined in
Sec. 60.271a, melt shop with more than one EAF shall conduct these
readings while all EAFs are in operation. All EAFs are not required to
be on the same schedule for tapping.
* * * * *
0
7. Amend Sec. 60.274a by revising paragraphs (b)(1), (b)(3), (c), and
(h)(9) to read as follows:
Sec. 60.274a Monitoring of operations.
* * * * *
(b) * * *
(1) Monitor and record once per shift the block 15-minute average
furnace static pressure (if a DEC system is in use, and a furnace
static pressure gauge is installed according to paragraph (f) of this
section) and either:
(i) Install, calibrate, and maintain a monitoring device that
continuously records the capture system fan motor amperes and damper
position(s);
(ii) Monitor and record as no greater than 15-minute integrated
block average basis the volumetric flow rate through each separately
ducted hood; or
(iii) Install, calibrate, and maintain a monitoring device that
continuously records the volumetric flow rate at the
[[Page 11206]]
control device inlet and record damper positions(s).
* * * * *
(3) Parameters monitored pursuant to this paragraph, excluding
damper position, shall be recorded as integrated block averages not to
exceed 15 minutes.
(c)(1) When the owner or operator of an affected facility is
required to demonstrate compliance with the standards under Sec.
60.272a(a)(3) and at any other time that the Administrator may require
(under section 114 of the CAA, as amended), the owner or operator
shall, during periods in which a hood is operated for the purpose of
capturing emissions from the affected facility subject to paragraph (b)
of this section, either:
(i) Install, calibrate, and maintain a monitoring device that
continuously records the fan motor amperes at each damper position, and
damper position consistent with paragraph (h)(5) of this section; or
(ii) Monitor and record as no greater than 15-minute integrated
block average basis the volumetric flow rate through each separately
ducted hood; or
(iii) Install, calibrate, and maintain a monitoring device that
continuously records the volumetric flow rate at the control device
inlet and monitor and record the damper position consistent with
paragraph (h)(5) of this section.
(2) Parameters monitored pursuant to this paragraph, excluding
damper position, shall be recorded as integrated block averages not to
exceed 15 minutes.
(3) The owner or operator may petition the Administrator or
delegated authority for reestablishment of these parameters whenever
the owner or operator can demonstrate to the Administrator's or
delegated authority's satisfaction that the affected facility operating
conditions upon which the parameters were previously established are no
longer applicable. The values of the parameters as determined during
the most recent demonstration of compliance shall be the appropriate
operational range or control set point throughout each applicable
period. Operation at values beyond the accepted operational range or
control set point may be subject to the requirements of Sec.
60.276a(c).
* * * * *
(h) * * *
(9) Parameters monitored pursuant to paragraphs (h)(6) through (8)
of this section shall be recorded as integrated block averages not to
exceed 15 minutes.
0
8. Amend Sec. 60.276a by revising paragraph (c) to read as follows:
Sec. 60.276a Recordkeeping and reporting requirements.
* * * * *
(c) Continuous operation at a furnace static pressure that exceeds
the operational range or control setting under Sec. 60.274a(g), for
owners and operators that elect to install a furnace static pressure
monitoring device under Sec. 60.274a(f) and either operation of
control system fan motor amperes at values exceeding 15
percent of the value established under Sec. 60.274a(c) or operation at
flow rates lower than those established under Sec. 60.274a(c) may be
considered by the Administrator or delegated authority to be
unacceptable operation and maintenance of the affected facility.
Operation at such values shall be reported to the Administrator or
delegated authority semiannually.
* * * * *
Subpart AAb--Standards of Performance for Steel Plants: Electric
Arc Furnaces and Argon-Oxygen Decarbonization Vessels Constructed
After May 16, 2022
0
9. Amend Sec. 60.271b by revising the definition ``Shop opacity'' to
read as follows:
Sec. 60.271b Definitions.
* * * * *
Shop opacity means the arithmetic average of 24 observations of the
opacity of any EAF or AOD emissions emanating from, and not within, the
shop, during melting and refining, and during tapping, taken in
accordance with Method 9 of appendix A of this part; and during
charging, according to the procedures in section 2.5 of Method 9 in
appendix A to part 60 of this chapter, with the following
modifications: begin reading opacity when charging is first initiated
and continue reading until melting and refining begins, or for a
minimum of 3 minutes total. From the readings collected, take the
average of the highest 12 15-second opacity observations (total of 3
minutes) during this period to determine the 3-minute opacity average
associated with charging. For the daily opacity observation during
melting and refining, facilities may measure opacity by EPA Method 22
of appendix A of this part, modified to require the recording of the
aggregate duration of visible emissions at 15-second intervals.
Alternatively, ASTM D7520-16 (incorporated by reference, see Sec.
60.17), may be used with the following five conditions:
(1) During the digital camera opacity technique (DCOT)
certification procedure outlined in section 9.2 of ASTM D7520-16
(incorporated by reference, see Sec. 60.17), the owner or operator or
the DCOT vendor must present the plumes in front of various backgrounds
of color and contrast representing conditions anticipated during field
use such as blue sky, trees, and mixed backgrounds (clouds and/or a
sparse tree stand);
(2) The owner or operator must also have standard operating
procedures in place including daily or other frequency quality checks
to ensure the equipment is within manufacturing specifications as
outlined in section 8.1 of ASTM D7520-16 (incorporated by reference,
see Sec. 60.17);
(3) The owner or operator must follow the recordkeeping procedures
outlined in Sec. 60.7(f) for the DCOT certification, compliance
report, data sheets, and all raw unaltered JPEGs used for opacity and
certification determination;
(4) The owner or operator or the DCOT vendor must have a minimum of
four independent technology users apply the software to determine the
visible opacity of the 300 certification plumes. For each set of 25
plumes, the user may not exceed 15 percent opacity of any one reading
and the average error must not exceed 7.5 percent opacity;
(5) Use of this approved alternative does not provide or imply a
certification or validation of any vendor's hardware or software. The
onus to maintain and verify the certification and/or training of the
DCOT camera, software, and operator in accordance with ASTM D7520-16
(incorporated by reference, see Sec. 60.17) and these requirements is
on the facility, DCOT operator, and DCOT vendor.
* * * * *
0
10. Amend Sec. 60.272b by revising paragraph (a)(3) to read as
follows:
Sec. 60.272b Standard for particulate matter.
(a) * * *
(3) Exit from a shop and, due solely to the operations of any
affected EAF(s) or AOD vessel(s) during melting and refining exhibit
greater than 0 percent opacity, and during tapping exhibit greater than
6 percent opacity, as measured in accordance with Method 9 of appendix
A of this part; and during charging, exhibit greater than 6 percent
opacity, as measured according to the procedures in section 2.5 of
Method 9 in appendix A to part 60 of this chapter, with the
modification of this section of Method 9, as follows: begin reading
opacity when charging is first initiated and continue reading until
melting and refining begins, or for a minimum of 3 minutes total. From
the readings
[[Page 11207]]
collected, take the average of the highest 12 15-second opacity
observations (total of 3 minutes) during this period to determine the
3-minute opacity average associated with charging. For the daily
opacity observation during melting and refining, facilities may measure
opacity by EPA Method 22 of appendix A of this part, modified to
require the recording of the aggregate duration of visible emissions at
15-second intervals. As an alternative, facilities may measure opacity
according to ASTM D7520-16 (incorporated by reference, see Sec.
60.17), with the caveats described under Shop opacity in Sec. 60.271
or, for the daily opacity observations during melting and refining,
exhibit 0 seconds of visible emissions as measured by EPA Method 22 of
appendix A of this part, modified to require the recording of the
aggregate duration of visible emissions at 15-second intervals. Shop
opacity shall be recorded for any point(s) during melting and refining,
during charging, and during tapping where visible emissions are
observed. Where it is possible to determine that a number of visible
emission sites relate to only one incident of visible emissions during
melting and refining, during charging, or during tapping, only one
observation of shop opacity or visible emissions will be required
during melting and refining, during charging, or during tapping. In
this case, the shop opacity or visible emissions observations must be
made for the point of highest emissions during melting and refining,
during charging, or during tapping that directly relates to the cause
(or location) of visible emissions observed during a single incident.
* * * * *
0
11. Amend Sec. 60.273b by revising paragraphs (c), (d)(2), (d)(3), and
(e) introductory text to read as follows:
Sec. 60.273b Emission monitoring.
* * * * *
(c)(1) A continuous monitoring system for the measurement of the
opacity of emissions discharged into the atmosphere from the control
device(s) is not required:
(i) On any modular, multistack, negative-pressure or positive-
pressure fabric filter if observations of the opacity of the visible
emission from the control device are performed by a certified visible
emission observer; or
(ii) On any single-stack fabric filter if observations of the
opacity of the visible emissions from the control device are performed
by a certified visible emission observer and the owner installs and
operates a bag leak detection system according to paragraph (e) of this
section whenever the control device is being used to remove particulate
matter from the EAF or AOD.
(2) Visible emission observations shall be conducted at least once
per day of the control device for at least three 6-minute periods when
the furnace is operating in the melting and refining period. All
visible emissions observations shall be conducted in accordance with
EPA Method 9 of appendix A to this part, or, as an alternative,
according to ASTM D7520-16 (incorporated by reference, see Sec.
60.17), with the caveats described under Shop opacity in Sec. 60.271.
(3) If visible emissions occur from more than one point, the
opacity shall be recorded for any points where visible emissions are
observed. Where it is possible to determine that a number of visible
emission points relate to only one incident of the visible emission,
only one set of three 6-minute observations will be required. In that
case, EPA Method 9 observations must be made for the point of highest
opacity that directly relates to the cause (or location) of visible
emissions observed during a single incident. Records shall be
maintained of any 6-minute average that is in excess of the emission
limit specified in Sec. 60.272b(a)(2).
(d) * * *
(2) No less than once per week, during the heat cycle as defined in
Sec. 60.271b, a melt shop with more than one EAF shall conduct these
readings while all EAFs are in operation. All EAFs are not required to
be on the same schedule for tapping.
(3) Shop opacity shall be determined as the arithmetic average of
24 consecutive 15-second opacity observations of emissions from the
shop taken in accordance with Method 9 during melting and refining and
during tapping; and during charging determined according to the
procedures in section 2.5 of Method 9 in appendix A to part 60 of this
chapter, with the modification as follows: begin reading opacity when
charging is first initiated and continue reading until melting and
refining begins, or for a minimum of 3 minutes total. From the readings
collected, take the average of the highest 12 15-second opacity
observations (total of 3 minutes) during this period to determine the
3-minute opacity average associated with charging. For the daily
opacity observation during melting and refining, facilities may measure
opacity by EPA Method 22 of appendix A of this part, modified to
require the recording of the aggregate duration of visible emissions at
15-second intervals. As an alternative, facilities may measure the
opacity according to ASTM D7520-16 (incorporated by reference, see
Sec. 60.17), with the caveats described under Shop opacity in Sec.
60.271, or, during melting and refining, as the total duration of
visible emissions measured according to EPA Method 22 over a 6-minute
period, modified to require the recording of the aggregate duration of
visible emissions at 15-second intervals. Shop opacity shall be
recorded for any point(s) where visible emissions are observed. Where
it is possible to determine that a number of visible emission points
relate to only one incident of visible emissions, only one observation
of shop opacity will be required. In this case, the shop opacity
observations must be made for the point of highest opacity that
directly relates to the cause (or location) of visible emissions
observed during a single incident. Shop opacity shall be determined
daily during melting and refining, during charging, and during tapping.
(e) A bag leak detection system must be installed and operated on
all single-stack fabric filters whenever the control device is being
used to remove particulate matter from the EAF or AOD vessel if the
owner or operator elects not to install and operate a continuous
opacity monitoring system as provided for under paragraph (c) of this
section. In addition, the owner or operator shall meet the visible
emissions observation requirements in paragraph (c) of this section.
The bag leak detection system must meet the specifications and
requirements of paragraphs (e)(1) through (8) of this section.
* * * * *
0
12. Amend Sec. 60.274b by revising paragraphs (b), (c), and (h)(9) to
read as follows:
Sec. 60.274b Monitoring of operations.
* * * * *
(b) Except as provided under paragraph (e) of this section, the
owner or operator subject to the provisions of this subpart shall
conduct the following monitoring of the capture system to demonstrate
continuous compliance:
(1) If a DEC system is in use, according to paragraph (f) of this
section, monitor and record once per shift the block 15-minute average
furnace static pressure and any one of (2) through (4) in this
paragraph:
(2) Install, calibrate, and maintain a monitoring device that
continuously records the fan motor amperes at each damper position, and
damper position consistent with paragraph (h)(5) of this section; or
(3) Monitor and record as no greater than 15-minute integrated
block average basis the volumetric air flow rate at each separately
ducted hood; or
[[Page 11208]]
(4) Install, calibrate, and maintain a monitoring device that
continuously records the volumetric flow rate at the control device
inlet and monitor and record the damper position consistent with
paragraph (h)(5) of this section.
(5) The furnace static pressure monitoring device(s) shall be
installed in an EAF or DEC duct prior to combining with other ducts and
prior to the introduction of ambient air, at a location that has no
flow disturbance due to the junctions.
(6) The volumetric flow monitoring device(s) may be installed in
any appropriate location in the capture system such that reproducible
flow rate monitoring will result. The flow rate monitoring device(s)
shall have an accuracy of 10 percent over its normal
operating range and shall be calibrated according to the manufacturer's
instructions. The Administrator may require the owner or operator to
demonstrate the accuracy of the monitoring device(s) relative to EPA
Methods 1 and 2 of appendix A of this part.
(7) Parameters monitored pursuant to this paragraph, excluding
damper position, shall be recorded as integrated block averages not to
exceed 15 minutes.
(c)(1) When the owner or operator of an affected facility is
required to demonstrate compliance with the standards under Sec.
60.272b(a)(3) and at any other time that the Administrator may require
(under section 114 of the CAA, as amended), the owner or operator
shall, during all periods in which a hood is operated for the purpose
of capturing emissions from the affected facility subject to paragraph
(b) of this section, either:
(i) Install, calibrate, and maintain a monitoring device that
continuously records the fan motor amperes at each damper position, and
damper position consistent with paragraph (h)(5) of this section;
(ii) Monitor and record as no greater than 15-minute integrated
block average basis the volumetric flow rate through each separately
ducted hood; or
(iii) Install, calibrate, and maintain a monitoring device that
continuously records the volumetric flow rate at the control device
inlet, and monitor and record the damper position consistent with
paragraph (h)(5) of this section.
(2) Parameters monitored pursuant to this paragraph, excluding
damper position, shall be recorded as integrated block averages not to
exceed 15 minutes.
(3) The owner or operator may petition the Administrator or
delegated authority for reestablishment of these parameters whenever
the owner or operator can demonstrate to the Administrator's or
delegated authority's satisfaction that the affected facility operating
conditions upon which the parameters were previously established are no
longer applicable. The values of the parameters as determined during
the most recent demonstration of compliance shall be the appropriate
operational range or control set point throughout each applicable
period. Operation at values beyond the accepted operational range or
control set point may be subject to the requirements of Sec.
60.276b(c).
* * * * *
(h) * * *
(9) Parameters monitored pursuant to paragraphs (h)(6) through (8)
of this section shall be recorded as integrated block averages not to
exceed 15 minutes.
0
13. Amend Sec. 60.276b by revising paragraph (c) to read as follows:
Sec. 60.276b Recordkeeping and reporting requirements.
* * * * *
(c) Operation at a furnace static pressure that exceeds the
operational range or control setting under Sec. 60.274b(g), for owners
and operators that elect to install a furnace static pressure
monitoring device under Sec. 60.274b(f) and either operation of
control system fan motor amperes at values exceeding 15
percent of the value established under Sec. 60.274b(c) or operation
ranges or control settings outside of those established under Sec.
60.274b(c) may be considered by the Administrator or delegated
authority to be unacceptable operation and maintenance of the affected
facility. Operation at such values shall be reported to the
Administrator or delegated authority semiannually.
* * * * *
[FR Doc. 2024-02634 Filed 2-13-24; 8:45 am]
BILLING CODE 6560-50-P
