[Federal Register: July 13, 2006 (Volume 71, Number 134)]
[Rules and Regulations]
[Page 39579-39592]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy06-24]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2002-0083; FRL-8196-6]
RIN 2060-AE48
National Emission Standards for Hazardous Air Pollutants for
Integrated Iron and Steel Manufacturing Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action amends the national emission standards for
hazardous air pollutants (NESHAP) for integrated iron and steel
manufacturing facilities. The final amendments add a new compliance
option, revise emission limitations, reduce the frequency of repeat
performance tests for certain emission units, add corrective action
requirements, and clarify monitoring, recordkeeping, and reporting
requirements.
DATES: Effective Date: This final rule is effective on July 13, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2002-0083. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., confidential business
information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Air & Radiation Docket, Docket ID No. EPA-HQ-OAR-2002-0083, EPA/DC,
EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Air
Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Phil Mulrine, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division,
Metals and Minerals Group (D243-02), Research Triangle Park, North
Carolina 27711, telephone number: (919) 541-5289, fax number: (919)
541-3207, e-mail address: mulrine.phil@epa.gov.
SUPPLEMENTARY INFORMATION:
Regulated Entities. The regulated categories and entities affected
by the NESHAP include:
------------------------------------------------------------------------
NAICS code Examples of regulated
Category \1\ entities
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Industry......................... 331111 Integrated iron and
steel mills, steel
companies, sinter
plants, blast furnaces,
basic oxygen process
furnace (BOPF) shops.
Federal government............... ........... Not affected.
State/local/tribal government.... ........... Not affected.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. To determine whether your facility is be regulated by this
action, you should examine the applicability criteria in 40 CFR 63.7781
of subpart FFFFF (NESHAP for Integrated Iron and Steel Manufacturing
Facilities). If you have any questions regarding the applicability of
this action to a particular entity, consult either the air permit
authority for the entity or your EPA regional representative as listed
in 40 CFR 63.13 of subpart A (General Provisions).
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's final action will also be available on
the Worldwide Web through the Technology Transfer Network (TTN).
Following signature, a copy of the final action will be posted on the
TTN's policy and guidance page for newly proposed or promulgated rules
at the following address: http://www.epa.gov/ttn/oarpg/. The TTN
provides information and technology exchange in various areas of air
pollution control.
Judicial Review. Under section 307(b)(1) of the Clean Air Act
(CAA), judicial review of the final rule amendments is available only
by filing a petition for review in the U.S. Court of Appeals for the
District of Columbia Circuit by September 11, 2006. Under section
307(d)(7)(B) of the CAA, only an objection to the final rule amendments
that was raised with reasonable specificity during the period for
public comment can be raised during judicial review. Moreover, under
section 307(b)(2) of the CAA, the requirements established by the final
rule amendments may not be challenged separately in any civil or
criminal proceedings brought by EPA to enforce these requirements.
Organization of This Document. The information presented in this
preamble is organized as follows:
I. Background
II. Summary of the Final Amendments
III. Impacts of the Final Amendments
IV. Response to Comments on the Proposed Amendments
A. Equivalency of Opacity Limit
B. Monitoring Requirements
C. Applicability to Sinter Coolers Without Stacks
D. Applicability to Discharges Inside Buildings
E. Operating Limit
F. Corrective Action
G. Startup, Shutdown, and Malfunctions
H. Applicability of MACT Standards
I. Subsequent Performance Tests for Baghouses
J. Opacity Observations for Sinter Cooler
K. Compliance Date
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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 and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Congressional Review Act
I. Background
On May 20, 2003 (68 FR 27646), we issued the NESHAP for integrated
iron and steel manufacturing facilities (40 CFR part 63, subpart
FFFFF). The NESHAP implement section 112(d) of the CAA by requiring all
major sources to meet emission standards for
[[Page 39580]]
hazardous air pollutants (HAP) reflecting application of the maximum
achievable control technology (MACT). The NESHAP establish emission
limitations for emission sources in each new or existing sinter plant,
blast furnace, and basic oxygen process furnace (BOPF) shop.
After publication of the NESHAP, five steel companies and one trade
association filed a petition for review challenging the final standards
(AK Steel Corporation et al. v. U.S. Environmental Protection Agency,
no. 03-1207, D.C. Cir.). The petitioners raised the following issues:
Failing to respond to substantive industry comments
questioning the definitions, subcategorization, control technologies
identified, emission standards, testing and monitoring, and other
aspects of the proposed rule;
Failing to provide justification for setting standards for
ladle metallurgy operations, sinter plant discharge ends, and sinter
coolers;
Requiring bag leak detection systems to be used for
positive pressure baghouse systems that discharge without stacks or
from baghouse systems with continuous emission monitors;
Applying emission standards to control devices that do not
discharge to the ambient air;
Imposing stringent testing, monitoring, inspection, and
reporting requirements on insignificant sources;
Providing for the establishment of source-specific opacity
limitations based on opacity observations made during required source
performance testing and by specifying use of infeasible technical
requirements for such observations; and
Failing to adequately consider health threshold levels and
to allow for alternative emission standards, performance testing
requirements or monitoring methods that are demonstrated to provide
comparable protection to public health and the environment.
EPA and industry petitioners entered into a settlement agreement
whereby EPA agreed to sign a notice proposing certain amendments by
September 23, 2005. See 70 FR 36383, June 23, 2005 (public notice of
settlement agreement pursuant to section 113 of the CAA; EPA received
no adverse comment on this notice of settlement). These amendments were
proposed on August 30, 2005 (70 FR 51306). Three organizations
commented on the proposed amendments during the 60-day comment period
which ended on October 31, 2005. EPA and the petitioners anticipate
that the final amendments to the NESHAP will resolve the petitioners'
concerns.
II. Summary of the Final Amendments
The final amendments revise the applicability of the emission
limits for sinter cooler stacks at new and existing sinter plants. The
revised limits apply to each sinter cooler instead of to each sinter
cooler stack. The final amendments also establish a 10 percent opacity
limit for a sinter cooler at an existing sinter plant instead of the
particulate matter (PM) emission limit of 0.03 grains per dry standard
cubic feet (gr/dscf). In response to comments, we have added a new
compliance date for a sinter cooler at an existing sinter plant and
require compliance by January 13, 2007. We have also added a provision
to the opacity test procedures which describes the general direction an
observer should take for observations of uncovered portions of sinter
coolers.
The final amendments add a new footnote to Table 1 of subpart FFFFF
to clarify that PM limits do not apply to discharges inside a building
or structure housing a discharge end at an existing sinter plant,
inside a casthouse at an existing blast furnace, or inside an existing
basic oxygen process furnace (BOPF) shop because these discharges are
subject to opacity limits. In response to comments, we have revised the
proposed footnote to clarify that it applies only to control devices
installed before August 30, 2005.
The frequency for conducting subsequent performance tests has been
changed from twice each permit term to once each permit term for
emission units equipped with a baghouse. Repeat performance tests are
still required at least twice each permit term for a sinter cooler at
an existing sinter plant, for each unit equipped with a control device
other than a baghouse, and each affected source without a title V
operating permit.
The final amendments also revise the operating limit in 40 CFR
63.7790(b)(3) for an electrostatic precipitator (ESP) that controls
emissions from a BOPF. The revised operating limit requires the plant
owner or operator to maintain the hourly average opacity of emissions
from the control device at or below 10 percent.
Section 63.7830(b) of the NESHAP requires a bag leak detection
system for each baghouse used to meet a PM limit. The final amendments
add an alternative allowing plants to use a continuous opacity
monitoring system (COMS) to monitor the opacity of emissions exiting
each control device stack. A bag leak detection system or COMS is not
required for a positive-pressure baghouse not equipped with exhaust gas
stacks that was installed before August 30, 2005.
The final amendments revise the requirements for operation and
maintenance (O&M) plans. The corrective action procedures in 40 CFR
63.7800(b)(4) are expanded to apply to baghouses equipped with COMS in
addition to those with bag leak detection systems. Plants must initiate
corrective action if a bag leak detection system alarm is triggered or
if emissions from a baghouse equipped with a COMS exceed an hourly
average opacity of 5 percent.
Corrective action procedures also apply to other types of control
devices. If a venturi scrubber equipped with continuous parameter
monitoring systems (CPMS) or an ESP equipped with a COMS exceeds the
opacity operating limit, plants must take corrective action consistent
with their site-specific monitoring plan. New provisions added to 40
CFR 63.7833 require plants to initiate corrective action to determine
the cause of the exceedance within 1 hour and to measure operating
parameter value(s) for the emission unit within 24 hours of the
exceedance. If the measured value(s) meet the applicable operating
limit, the corrective action is successful and the emission unit is in
compliance with the applicable operating limit. If the initial
corrective action is not successful, additional corrective action is
required within the next 24 hours. Plants must re-measure the operating
parameter(s) and if the corrective action is successful, the emission
unit is in compliance with the applicable operating limit. If the
second attempt at corrective action is not successful, the plant must
report the exceedance as a deviation in the next semiannual compliance
report.
The final amendments also clarify the requirements for establishing
venturi scrubber parametric operating limits in 40 CFR 63.7824(b) by
stating that plants may establish the limit during the initial
performance test or during any other performance test that meets the
emission limit. We have also revised the definition of ``ladle
metallurgy'' by stating that vacuum degassing is not included in the
definition. The final amendments also make clarifying changes to
certain monitoring, recordkeeping, and reporting requirements cited in
Table 4 to subpart FFFFF (Applicability of General Provisions to
Subpart FFFFF) and correct errors in certain entries.
[[Page 39581]]
III. Impacts of the Final Amendments
The final amendments do not affect the level of emissions control
required by the existing NESHAP or the nonair, health, environmental,
and energy impacts. However, the costs of implementing the existing
rule will be reduced in future years. For example, the reduction in
subsequent performance tests for an emissions source equipped with a
baghouse will reduce the nationwide cost of PM testing over the next 5
years from $270,000/year to $180,000/year, a savings of $90,000/year.
IV. Response to Comments on the Proposed Amendments
A. Equivalency of Opacity Limit
Comment: One commenter asked if the opacity limit for sinter
coolers would achieve the same emission level, be equally protective of
public health, and measure the same pollutants and the same levels of
emissions as the PM limit of 0.03 gr/dscf?
Response: The opacity limit is a better representation of the MACT
floor and will ensure that all sinter coolers perform at the MACT level
of control or better. The limit will achieve lower emission levels (and
presumably be more protective of public health) than the concentration
limit of 0.03 gr/dscf in the current rule because it will apply to all
sinter coolers, not just to those with stacks. However, we did not
perform a risk analysis and evaluate protection of public health for
the MACT standard because residual risk will be assessed no later than
8 years following the promulgation of the MACT standard (section
112(f)(2) of the CAA). See Sierra Club v. EPA, 353 F.3d 976, 990 (D.C.
Cir. 2004) (Roberts, J.) (EPA is not to consider risk when promulgating
section 112(d) MACT standards because that is the province of the
residual risk analysis to be conducted under section 112(f)). The
opacity limit and concentration limit are a measure of the same
pollutant, PM, which is a surrogate for particulate metal HAP.
B. Monitoring Requirements
Comment: One commenter stated that the reason for changing to an
opacity limit was the inability to measure PM emissions from sinter
coolers without stacks. The commenter expressed concerne that the MACT
technology is not being achieved for monitoring or measuring emissions
and asked if this would be a problem if a facility were required to
modernize its monitoring equipment to implement MACT. The commenter
recommended that a MACT standard be implemented for monitoring to
ensure the best monitoring technology is in place.
Response: MACT standards are based on the level of control achieved
by the best-performing sources and a further evaluation of what further
reductions could be achieved considering cost, energy, and nonair
environmental impacts. Continuous monitoring requirements are not
determined by a MACT floor or beyond-the-floor analysis. The continuous
monitoring requirements are selected after consideration of many
factors, such as the type of control device, source characteristics,
and how to ensure that the MACT emission limit is being met on a
continuous basis. The standard requires monitoring of capture and
control systems to ensure they are operating properly, and these
monitoring requirements are provided in the section of the rule
entitled ``Continuous Compliance Requirements'' (40 CFR 63.7830 through
63.7835). See also Sierra Club, 353 F.3d at 991 (CAA section 114(a)(3)
does not require continuous monitoring). For fugitive emissions that by
definition are not emitted through stacks, opacity observations by EPA
Method 9 (40 CFR part 60, appendix A) are the most effective means of
monitoring to ensure compliance. We are not aware of a monitoring
technology that is better than Method 9 for fugitive emissions.
C. Applicability to Sinter Coolers Without Stacks
Comment: One commenter believed that the proposed amendments did
not apply an emission limit to sinter coolers without stacks.
Response: The commenter misunderstood the proposed rule amendments.
The proposed amendments applied a MACT emission limit of 10 percent
opacity to coolers without stacks.
D. Applicability to Discharges Inside Buildings
Comment: One commenter pointed out that the proposed amendments did
not apply to discharges inside buildings and asked if the health of
workers would be adequately protected from these emissions. Does this
open a loophole that allows a facility to discharge inside a building
to avoid an emission limit? What if the air discharged inside a
building is emitted to the ambient air through the ventilation system?
Response: The capture and control systems reduce worker exposure to
fugitive emissions that occur within the building. The air discharged
inside the building exits through the building's roof monitor. The
applicable emission limit for emissions from the building is the
opacity limit, and the air discharged inside the building is subject to
this limit. However, we agree that control devices installed on or
after proposal of the final amendments (August 30, 2005) should be
designed and operated to meet the PM emissions limit, and we are
including this provision in the final amendments.
E. Operating Limit
Comment: One commenter asked if the hourly average operating limit
for monitoring electrostatic precipitators (ESP) included time when the
facility is not operating. If so, the facility could average in zeros
to meet the hourly limit. The commenter stated that changing from a 6-
minute average to an hourly average did not appear to be protective of
public health.
Response: The hourly average does not include time when the
facility is not operating because BOPF shops contain two steelmaking
furnaces (a few have three furnaces), and at least one of these
furnaces is almost always at some point in the steel production cycle.
For example, if one furnace finishes a steelmaking ``heat'', the second
furnace begins a heat while the first furnace is being tapped. The
exception is during a shutdown, and in that case, parametric monitoring
is not required or relevant.
As we stated earlier, residual risk remaining after the MACT
standard and the extent to which further risk-based controls may be
needed to protect public health with an ample margin of safety will be
assessed 8 years following the promulgation of the MACT standard.
F. Corrective Action
Comment: One commenter said that the proposed corrective action
procedures for ESP and baghouses are flawed because they do not require
the facility to correct the problem and only require they report it in
their semiannual compliance report. The authorized agency should be
notified immediately of the violation. Otherwise, the agency may not
know about the violation until 6 months later. In general, EPA should
require monthly reports instead of semiannual reports so that the
implementing agency and public know much sooner when a violation
occurs, and an appropriate remedy can be instigated much sooner.
Response: This comment is beyond the scope of the proposed
amendments. We did not propose any changes to the NESHAP that affected
the semiannual reporting requirements or otherwise reopened the issue
of the
[[Page 39582]]
appropriateness of those requirements; consequently, they are not
subject to public comment. In the event any response is considered
necessary, however, we note that the semiannual reporting requirements
are consistent with Sec. 63.10(e)(3) of the General Provisions (40 CFR
part 63, subpart A), and we have no reason to impose more stringent
requirements for the integrated iron and steel industry.
For more background, the commenter should examine our responses to
public comments on semiannual reporting requirements in our final rule
amendments to the General Provisions that reduced recordkeeping and
reporting requirements (64 FR 7458, February 12, 1999). We explained
that:
* * * EPA's experience over the past ten years with a variety of
NSPS and NESHAP rulemakings covering industries of all types
suggests that semi-annual reporting provides sufficiently timely
information to both ensure compliance and enable adequate
enforcement of applicable requirements, while imposing less burden
on the affected industry than would quarterly reporting.
It is in the facility's interest to ensure that the corrective actions
are successful to avoid penalties and fines. The facility may be found
in violation and subject to penalties and fines if the corrective
actions continue to be unsuccessful. A continued pattern of non-
compliance may be considered in determining the magnitude of penalties.
G. Startup, Shutdown, and Malfunctions
Comment: One commenter stated that the startup, shutdown, and
malfunction (SSM) requirements were not protective enough because they
allow a facility to craft a plan such that an SSM event is not an
exceedance as long as the facility's response is consistent with the
SSM plan. Furthermore, the facility should not be allowed to modify the
SSM plan without prior Administrator approval.
Response: This comment is also beyond the scope of the proposed
amendments. We did not propose, solicit comment on, or otherwise reopen
this issue. If any response is considered necessary, however, we note
that the SSM requirements come directly from the NESHAP General
Provisions in 40 CFR part 63, and we have no reason to implement
different requirements for this standard.
For further information, the commenter can consult our proposed
amendments to the General Provisions (70 FR 43992, July 29, 2005). In
that notice we discuss the ``general duty clause'' in the General
Provisions and note that:
* * * following the SSM plan itself is no ``safe harbor'' for
sources if the plan is found to be deficient. That is, a source
could not use ``following the plan'' as a defense for an inadequate
program to minimize emissions.
With respect to review of the plan or revisions, we stated:
Review of each SSM plan, from each facility, by the permitting
authority, for adequacy prior to implementation is neither
reasonable nor necessary. There are thousands of sources required to
develop SSM plans, and each plan is tailored to its source. Some
plans are closely tied and cross referenced to other operating
materials at the source. Many, and perhaps most, plans contain CBI.
The burden on the permitting authorities to review every plan would
be enormous.
However, it is important to note that the Administrator (or an
authorized permitting authority) may at any time require a facility
owner or operator to submit a copy of an SSM plan.
H. Applicability of MACT Standards
Comment: One commenter asked if MACT standards were still in place
with the proposed change that requires bag leak detection systems only
for baghouses with stacks.
Response: The MACT standards are still in place for all affected
sources operating with baghouses. All such sources are subject to a
MACT PM emissions limit expressed in gr/dscf. In addition, all
baghouses are subject to extensive inspection and monitoring
requirements in Sec. 63.7831(b)(4). The requirements applying to all
baghouses include daily monitoring of pressure drop across each
baghouse cell, weekly visual inspections to confirm dust is removed
from hoppers, daily checks of compressed air supply for pulse-jet
baghouses, monitoring cleaning cycles, monthly checks of the bag
cleaning mechanism and bag tension, and inspections to assess physical
integrity and fan wear or corrosion.
I. Subsequent Performance Tests for Baghouses
Comment: One commenter objected to the change of requiring
performance tests every 2.5 years to every 5 years for baghouses. The
reasoning that bag leak detection systems are in place is not adequate
justification because they may not be working properly. The commenter
also asked EPA to clarify what a ``minor'' emission unit means and
asked if major units would be affected by the reduction in the
frequency of performance testing.
Response: A performance test provides a ``snap shot'' of
performance, usually as the average of three 1-hour runs. However, we
require continuous monitoring of the control device, and in this case,
bag leak detectors provide assurance of proper operation on a
continuous basis. Section 63.7831(f) of the rule provides detailed
requirements for the proper installation, operation, and maintenance of
bag leak detectors. Moreover, the monitoring requirements in Sec.
63.7830(b)(4) discussed earlier include inspections and other
monitoring in addition to the bag leak detection system. The
combination of bag leak detectors and the extensive inspection and
monitoring requirements for baghouses provide more assurance of proper
operation than would more frequent snapshot performance tests.
Consequently, we concluded that performance testing more frequently
than once per permit term for these baghouses was not necessary. This
testing frequency is consistent with many existing operating permits.
We used the term ``minor'' in a qualitative way (i.e., it is not a
term defined in the rule) to describe baghouses applied to ancillary
processes that do not generate the large volume of emissions associated
with primary production processes such as the sinter plant windboxes
and steelmaking furnaces. The ancillary processes include hot metal
transfer, desulfurization, and ladle metallurgy.
J. Opacity Observations of Sinter Cooler
Comment: In principle, the commenter supports EPA's decision to
revise the emission limit for sinter coolers from a grain loading limit
to an opacity limit because some sinter coolers are open to the ambient
air, with their emissions to the atmosphere being fugitive in nature,
rather than through a stack. However, the commenter feels that design
considerations at some sinter coolers that do not use a stack make
accurate opacity observations problematic. At the commenter's sinter
plant, air is forced upward through the cooler bed, a donut-shaped ring
approximately 5 feet wide and 50 feet in diameter at its outside edge.
Emissions rise upward from the bed and into the atmosphere. The
commenter contends that a visible emission observer would have a
difficult time accurately assessing opacity due to overlapping or
mingling of other plumes. These plumes are primarily from the discharge
end of the sinter strand, from material handling sources, and from the
side of the cooler that is directly opposite of the side from which the
observations are recorded. Similarly, the commenter feels that heat
waves from one side of the cooler can interfere with the accuracy of
opacity readings made from the other side of the cooler. The commenter
argues that these conditions can impart a positive bias to the
readings, which could raise the
[[Page 39583]]
potential for exceedances of the opacity standard. The commenter
requests language in the final rule that provides for a work practice/
operational standard in lieu of the opacity standard.
Response: Representatives of EPA and the State agency visited the
commenter's sinter plant and evaluated the commenter's concerns
regarding an observer's ability to perform accurate visible emissions
observations. We agree that performing visible emissions observations
at this source is more problematic than at most sources. First,
performing observations from ground level at this source does not give
the observer an adequate view of all potential emission sources in
proximity to the cooler. An observer could mistake emissions from the
sinter strand discharge end for cooler emissions, and therefore,
readings should be taken from some elevated level. We identified at
least two elevated positions at this source from which observations can
be made. However, while there are a number of platforms that are
adjacent to the cooler that are accessible for this purpose, we
acknowledge that the east platform is situated such that intense heat
from the bed is likely to disqualify this position as a safety matter.
Regarding the commenter's concerns related to emissions from one
side of the cooler interfering with the accurate observations of
emissions from the opposite side of the cooler, we concluded that this
issue is adequately addressed by existing rule language and guidance
for EPA Method 9 (40 CFR part 60, appendix A). While there can be
emissions from the feed end of the cooler, these emissions will
decrease essentially to zero a short distance from the feed end. When
no emissions are visible from the opposite side of the cooler, Method 9
observations of the sinter cooler can occur without multiple plume
distortion. As a regulatory matter, reading through multiple plumes is
essentially prohibited by section 2.1 of Method 9. Therefore, if any
visible emissions arise from the discharge side of the sinter cooler
during the Method 9 test that cause an interference with sinter cooler
readings, the test must be discontinued.
A similar issue is the potential interference from heat waves. We
agree that heat waves can have an influence (positive bias) on
readings, depending on their intensity and relative location to the
observer and the plume that is being read. Additional language in
section 2.1 of Method 9 provides direction on how this should be
addressed: ``The qualified observer shall stand at a distance
sufficient to provide a clear view of the emissions * * *''. This
language dictates that the observer must be far enough from the heat
waves and at such an angle to ensure that observations are made at such
a height as to remove any potential interference. We feel that this
language also addresses the commenter's concerns regarding other
potential emission sources. Consequently, we do not see a need to
change the rule language to address this issue.
We decided that two other issues raised by the commenter during the
site visit warrant discussion. One issue is that Method 9 does not
address in what general direction an observer should be viewing an
emission source of this type. If the observer is looking tangentially
along the arc of the cooler, readings would have a positive bias
compared to the observer looking approximately perpendicular to the
tangent of the bed generally toward the center of the cooler. We have
added language to the rule to clarify this. The second issue relates to
potential positive bias due to luminescence of the plume and background
used. This is mentioned in the preamble to Method 9 as exerting an
influence on the appearance of a plume. Numerous structures near the
sinter plant cooler can cause the plume being observed and/or the
background to be in shadows. Consistent with Method 9, observers of
sinter coolers should not read opacity when shadows may influence
observations. Because this issue is discussed in the preamble to Method
9, we decided that the language in the current rule should not be
changed.
We have considered the commenter's request for the option of an
alternative work practice or operating standard, in lieu of an opacity
standard. However, there are too many process variables that can affect
emissions from the cooler to provide for a meaningful alternative.
These variables include the types of raw materials used in the
sintering process, bed depth, bed speed, uniformity of the surface of
the bed, fan speed, and the condition of the grates, windbox ductwork,
and fan. Changing just one of these variables may be insufficient to
affect cooler emissions. Changes to a combination of variables may be
needed at one point in time, where a different combination may be
needed at another point in time.
K. Compliance Date
Comment: Sinter coolers without stacks were not regulated under the
original PM limit, but would be regulated for the first time under the
proposed opacity limit. Two commenters requested a 3-year extension
from the compliance date of the original rule (May 22, 2006). This
would allow time to design a compliance strategy, evaluate control
options, and install controls that may be necessary to comply with the
new standard.
Response: We agree that the 10 percent opacity limit is a new
standard for sinter coolers. We concluded that it is permissible for us
to establish a new compliance date for the sinter cooler standard,
i.e., a compliance date not tied to the compliance date of the previous
standard for sinter coolers in the original rule. See CAA section
112(i)(3)(A) (which ties compliance dates to the effective dates of
``any emissions standard'' promulgated under section 112, and so does
not tie the date to an initially adopted standard). However, compliance
is still to be as expeditious as possible. It is our engineering
judgment that 6 months from date of publication is a reasonable time
for compliance for most sources because most sources will not have to
install additional controls. It is possible that individual sources may
require more time to comply and may petition EPA for more time pursuant
to the case-by-case extension mechanism in CAA section 112(i)(3)(B),
which is codified in 40 CFR 63.6(i)(4)(i). This provision allows
individual sources to submit compliance extension requests of up to 1
year where the extension is necessary for the installation of controls.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines a ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
[[Page 39584]]
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that the final rule amendments are not a
``significant regulatory action'' under the terms of Executive Order
12866 and are, therefore, not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
The final amendments provide additional flexibility through revised
requirements for monitoring operational parameters which would not
increase the existing information collection burden. Other changes,
such as the reduction in subsequent PM performance tests for certain
emissions sources, are expected to decrease the information collection
burden in future years. However, OMB has previously approved the
information collection requirements contained in the existing
regulations (40 CFR part 63, subpart FFFFF) under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and has assigned OMB
control number 2060-0517, EPA Information Collection Request (ICR)
number 2003.02. A copy of the OMB-approved ICR may be obtained from
Susan Auby, Collection Strategies Division, U.S. EPA (2822T), 1200
Pennsylvania Ave., NW., Washington, DC 20460, by e-mail at
auby.susan@epa.gov, or by calling (202) 566-1672.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR part 63 are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with these final rule amendments.
For the purposes of assessing the impacts of today's proposed
amendments on small entities, small entity is defined as: (1) A small
business as defined by the Small Business Administration at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district, or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's final rule
amendments on small entities, EPA has concluded that this action will
not have a significant economic impact on a substantial number of small
entities. The final rule amendments will not impose any requirements on
small entities. None of the regulated integrated iron and steel
manufacturing facilities are small businesses.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that the final rule amendments do not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or to the
private sector in any 1 year. Thus, today's final rule amendments are
not subject to the requirements of sections 202 and 205 of the UMRA. In
addition, EPA has determined that the final rule amendments contain no
regulatory requirements that might significantly or uniquely affect
small governments, because they contain no requirements that apply to
such governments or impose obligations upon them.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999) requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that 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.''
The final rule amendments do not have federalism implications. They
would 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, as specified in Executive Order 13132. None of the affected
plants are owned or operated by State governments. Thus, Executive
Order 13132 does not apply to the final rule amendments.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA
[[Page 39585]]
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' The final rule amendments do not have
tribal implications, as specified in Executive Order 13175. No tribal
governments own plants subject to the MACT standards for integrated
iron and steel manufacturing. Thus, Executive Order 13175 does not
apply to the final rule amendments.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant,'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by EPA.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The final rule amendments
are not subject to the Executive Order because they are based on
control technology and not on health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
The final rule amendments are not subject to Executive Order 13211
(66 FR 28355, May 22, 2001) because they are not a significant
regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 15 U.S.C. 272 note) directs
EPA to use voluntary consensus standards (VCS) in its regulatory
activities, unless to do so would be inconsistent with applicable law
or otherwise impractical. The VCS are technical standards (e.g.,
materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by one or more VCS
bodies. The NTTAA directs EPA to provide Congress, through OMB,
explanations when the Agency does not use available and applicable VCS.
The final rule amendments do not involve technical standards.
Therefore, EPA is not considering the use of any VCS.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing the
final amendments and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the final amendments in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). The final amendments are
effective on July 13, 2006.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: July 6, 2006.
Stephen L. Johnson,
Administrator.
0
For the reasons stated in the preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart FFFFF--[AMENDED]
0
2. Section 63.7783 is amended by revising paragraph (a) to read as
follows:
Sec. 63.7783 When do I have to comply with this subpart?
(a) If you have an existing affected source, you must comply with
each emission limitation and operation and maintenance requirement in
this subpart that applies to you by the dates specified in paragraphs
(a)(1) and (2) of this section.
(1) No later than May 22, 2006 for all emissions sources at an
existing affected source except for a sinter cooler at an existing
sinter plant.
(2) No later than January 13, 2007 for a sinter cooler at an
existing sinter plant.
* * * * *
0
3. Section 63.7790 is amended by revising paragraph (b)(3) to read as
follows:
Sec. 63.7790 What emission limitations must I meet?
* * * * *
(b) * * *
(3) For each electrostatic precipitator applied to emissions from a
BOPF, you must maintain the hourly average opacity of emissions exiting
the control device at or below 10 percent.
* * * * *
0
4. Section 63.7800 is amended by:
0
a. Revising the second sentence in paragraph (b) introductory text;
0
b. Revising paragraph (b)(4) introductory text;
0
c. Revising paragraph (b)(4)(vi);
0
d. Redesignating paragraph (b)(5) as (b)(7); and
0
e. Adding new paragraphs (b)(5) and (b)(6) to read as follows:
Sec. 63.7800 What are my operation and maintenance requirements?
* * * * *
(b) * * * Each plan must address the elements in paragraphs (b)(1)
through (7) of this section.
* * * * *
(4) Corrective action procedures for baghouses equipped with bag
leak detection systems or continuous opacity monitoring systems (COMS).
In the event a bag leak detection system alarm is triggered or
emissions from a baghouse equipped with a COMS exceed an hourly average
opacity of 5 percent, you must initiate corrective action to determine
the cause of the alarm within 1 hour of the alarm, initiate corrective
action to correct the cause of the problem within 24 hours of the
alarm, and complete the corrective action as soon as practicable.
Corrective actions may include, but are not limited to:
* * * * *
(vi) Shutting down the process producing the particulate emissions.
(5) Corrective action procedures for venturi scrubbers equipped
with continuous parameter monitoring systems (CPMS). In the event a
venturi scrubber exceeds the operating limit in Sec. 63.7790(b)(2),
you must take corrective actions consistent with your site-specific
monitoring plan in accordance with Sec. 63.7831(a).
(6) Corrective action procedures for electrostatic precipitators
equipped with COMS. In the event an electrostatic
[[Page 39586]]
precipitator exceeds the operating limit in Sec. 63.7790(b)(3), you
must take corrective actions consistent with your site-specific
monitoring plan in accordance with Sec. 63.7831(a).
* * * * *
0
5. Section 63.7821 is revised to read as follows:
(a) You must conduct subsequent performance tests to demonstrate
compliance with all applicable PM and opacity limits in Table 1 to this
subpart at the frequencies specified in paragraphs (b) through (d) of
this section.
(b) For each sinter cooler at an existing sinter plant and each
emissions unit equipped with a control device other than a baghouse,
you must conduct subsequent performance tests no less frequently than
twice (at mid-term and renewal) during each term of your title V
operating permit.
(c) For each emissions unit equipped with a baghouse, you must
conduct subsequent performance tests no less frequently than once
during each term of your title V operating permit.
(d) For sources without a title V operating permit, you must
conduct subsequent performance tests every 2.5 years.
0
6. Section 63.7823 is amended by adding paragraph (e) to read as
follows:
Sec. 63.7823 What test methods and other procedures must I use to
demonstrate initial compliance with the opacity limits?
* * * * *
(e) To determine compliance with the applicable opacity limit in
Table 1 to this subpart for a sinter cooler at an existing sinter
plant:
(1) Using a certified observer, determine the opacity of emissions
according to Method 9 in appendix A to part 60 of this chapter.
(2) Obtain a minimum of 30 6-minute block averages.
(3) Make visible emission observations of uncovered portions of
sinter plant coolers with the observer's line of sight generally in the
direction of the center of the cooler.
0
7. Section 63.7824 is amended by:
0
a. Adding a second sentence to the end of paragraph (b) introductory
text;
0
b. Revising paragraph (b)(1);
0
c. Removing paragraph (c);
0
d. Redesignating paragraphs (d) through (g) as paragraphs (c) through
(f);
0
e. Revising newly designated paragraph (c) introductory text and newly
designated paragraph (c)(3);
0
f. Revising newly designated paragraph (d) introductory text; and
0
g. Revising newly designated paragraph (e) introductory text and newly
designated paragraph (e)(4) to read as follows:
Sec. 63.7824 What test methods and other procedures must I use to
establish and demonstrate initial compliance with operating limits?
* * * * *
(b) * * * You may establish the parametric monitoring limit during
the initial performance test or during any other performance test run
that meets the emission limit.
(1) Using the CPMS required in Sec. 63.7830(c), measure and record
the pressure drop and scrubber water flow rate during each run of the
particulate matter performance test.
* * * * *
(c) You may change the operating limits for a capture system or
venturi scrubber if you meet the requirements in paragraphs (c)(1)
through (3) of this section.
* * * * *
(3) Establish revised operating limits according to the applicable
procedures in paragraphs (a) and (b) of this section for a control
device or capture system.
(d) For each sinter plant subject to the operating limit for the
oil content of the sinter plant feedstock in Sec. 63.7790(d)(1), you
must demonstrate initial compliance according to the procedures in
paragraphs (d)(1) through (3) of this section.
* * * * *
(e) To demonstrate initial compliance with the alternative
operating limit for volatile organic compound emissions from the sinter
plant windbox exhaust stream in Sec. 63.7790(d)(2), follow the test
methods and procedures in paragraphs (e)(1) through (5) of this
section.
* * * * *
(4) Continue the sampling and analysis procedures in paragraphs
(e)(1) through (3) of this section for 30 consecutive days.
* * * * *
0
8. Section 63.7825 is amended by:
0
a. Revising paragraphs (a)(2) and (a)(3);
0
b. Removing paragraph (a)(4); and
0
c. Revising paragraph (b) to read as follows:
Sec. 63.7825 How do I demonstrate initial compliance with the
emission limitations that apply to me?
(a) * * *
(2) For each capture system subject to the operating limit in Sec.
63.7790(b)(1), you have established appropriate site-specific operating
limit(s) and have a record of the operating parameter data measured
during the performance test in accordance with Sec. 63.7824(a)(1); and
(3) For each venturi scrubber subject to the operating limits for
pressure drop and scrubber water flow rate in Sec. 63.7790(b)(2), you
have established appropriate site-specific operating limits and have a
record of the pressure drop and scrubber water flow rate measured
during the performance test in accordance with Sec. 63.7824(b).
(b) For each existing or new sinter plant subject to the operating
limit in Sec. 63.7790(d)(1), you have demonstrated initial compliance
if the 30-day rolling average of the oil content of the feedstock,
measured during the initial performance test in accordance with Sec.
63.7824(d) is no more than 0.02 percent. For each existing or new
sinter plant subject to the alternative operating limit in Sec.
63.7790(d)(2), you have demonstrated initial compliance if the 30-day
rolling average of the volatile organic compound emissions from the
sinter plant windbox exhaust stream, measured during the initial
performance test in accordance with Sec. 63.7824(e) is no more than
0.2 lb/ton of sinter produced.
* * * * *
0
9. Section 63.7826 is amended by revising paragraph (b)(1) to read as
follows:
Sec. 63.7826 How do I demonstrate initial compliance with the
operation and maintenance requirements that apply to me?
* * * * *
(b) * * *
(1) Prepared the control device operation and maintenance plan
according to the requirements of Sec. 63.7800(b), including a
preventative maintenance schedule and, as applicable, detailed
descriptions of the corrective action procedures for baghouses and
other control devices;
* * * * *
0
10. Section 63.7830 is amended by revising paragraphs (b), (d), (e)(1),
and (e)(2) to read as follows:
Sec. 63.7830 What are my monitoring requirements?
* * * * *
(b) Except as provided in paragraph (b)(3) of this section, you
must meet the requirements in paragraph (b)(1) or (2) of this section
for each baghouse applied to meet any particulate emission limit in
Table 1 to this subpart. You must conduct inspections of each baghouse
according to the requirements in paragraph (b)(4) of this section.
(1) Install, operate, and maintain a bag leak detection system
according to Sec. 63.7831(f) and monitor the relative change in
particulate matter loadings
[[Page 39587]]
according to the requirements in Sec. 63.7832; or
(2) If you do not install and operate a bag leak detection system,
you must install, operate, and maintain a COMS according to the
requirements in Sec. 63.7831(h) and monitor the hourly average opacity
of emissions exiting each control device stack according to the
requirements in Sec. 63.7832.
(3) A bag leak detection system and COMS are not required for a
baghouse that meets the requirements in paragraphs (b)(3)(i) and (ii)
of this section.
(i) The baghouse is a positive pressure baghouse and is not
equipped with exhaust gas stacks; and
(ii) The baghouse was installed before August 30, 2005.
(4) You must conduct inspections of each baghouse at the specified
frequencies according to the requirements in paragraphs (b)(4)(i)
through (viii) of this section.
(i) Monitor the pressure drop across each baghouse cell each day to
ensure pressure drop is within the normal operating range identified in
the manual.
(ii) Confirm that dust is being removed from hoppers through weekly
visual inspections or other means of ensuring the proper functioning of
removal mechanisms.
(iii) Check the compressed air supply for pulse-jet baghouses each
day.
(iv) Monitor cleaning cycles to ensure proper operation using an
appropriate methodology.
(v) Check bag cleaning mechanisms for proper functioning through
monthly visual inspection or equivalent means.
(vi) Make monthly visual checks of bag tension on reverse air and
shaker-type baghouses to ensure that bags are not kinked (kneed or
bent) or laying on their sides. You do not have to make this check for
shaker-type baghouses using self-tensioning (spring-loaded) devices.
(vii) Confirm the physical integrity of the baghouse through
quarterly visual inspections of the baghouse interior for air leaks.
(viii) Inspect fans for wear, material buildup, and corrosion
through quarterly visual inspections, vibration detectors, or
equivalent means.
* * * * *
(d) For each electrostatic precipitator subject to the opacity
operating limit in Sec. 63.7790(b)(3), you must install, operate, and
maintain a COMS according to the requirements in Sec. 63.7831(h) and
monitor the hourly average opacity of emissions exiting each control
device stack according to the requirements in Sec. 63.7832.
(e) * * *
(1) Compute and record the 30-day rolling average of the oil
content of the feedstock for each operating day using the procedures in
Sec. 63.7824(d); or
(2) Compute and record the 30-day rolling average of the volatile
organic compound emissions (lbs/ton of sinter) for each operating day
using the procedures in Sec. 63.7824(e).
0
11. Section 63.7831 is amended by:
0
a. Revising paragraphs (a) introductory text, (a)(5) and (a)(6), and
adding new paragraphs (a)(7) and (a)(8);
0
b. Revising paragraph (f) introductory text; and
0
c. Revising paragraphs (h) introductory text and (h)(4) to read as
follows:
Sec. 63.7831 What are the installation, operation, and maintenance
requirements for my monitors?
(a) For each CPMS required in Sec. 63.7830, you must develop and
make available for inspection upon request by the permitting authority
a site-specific monitoring plan that addresses the requirements in
paragraphs (a)(1) through (8) of this section.
* * * * *
(5) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec. 63.8(d);
(6) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec. Sec. 63.10(c), (e)(1), and
(e)(2)(i);
(7) Corrective action procedures you will follow in the event a
venturi scrubber exceeds the operating limit in Sec. 63.7790(b)(2);
and
(8) Corrective action procedures you will follow in the event an
electrostatic precipitator exceeds the operating limit in Sec.
63.7790(b)(3).
* * * * *
(f) For each baghouse equipped with a bag leak detection system
according to Sec. 63.7830(b)(1), you must install, operate, and
maintain the bag leak detection system according to the requirements in
paragraphs (f)(1) through (7) of this section.
* * * * *
(h) For each electrostatic precipitator subject to the opacity
operating limit in Sec. 63.7790(b)(3) and each baghouse equipped with
a COMS according to Sec. 63.7830(b)(2), you must install, operate, and
maintain each COMS according to the requirements in paragraphs (h)(1)
through (4) of this section.
* * * * *
(4) COMS data must be reduced to 6-minute averages as specified in
Sec. 63.8(g)(2) and to hourly averages where required by this subpart.
0
12. Section 63.7833 is amended by:
0
a. Revising paragraph (c);
0
b. Revising paragraph (d) introductory text and adding new paragraph
(d)(4);
0
c. Revising paragraphs (e) introductory text, and (e)(1), and adding
new paragraph (e)(3);
0
d. Revising paragraphs (f)(1)(i) and (f)(2)(i); and
0
e. Adding new paragraph (g) to read as follows:
Sec. 63.7833 How do I demonstrate continuous compliance with the
emission limitations that apply to me?
* * * * *
(c) For each baghouse applied to meet any particulate emission
limit in Table 1 to this subpart, you must demonstrate continuous
compliance by meeting the requirements in paragraph (c)(1) or (2) of
this section as applicable, and paragraphs (c)(3) and (4) of this
section:
(1) For a baghouse equipped with a bag leak detection system,
operating and maintaining each bag leak detection system according to
Sec. 63.7831(f) and recording all information needed to document
conformance with these requirements. If you increase or decrease the
sensitivity of the bag leak detection system beyond the limits
specified in Sec. 63.7831(f)(6), you must include a copy of the
required written certification by a responsible official in the next
semiannual compliance report.
(2) For a baghouse equipped with a COMS, operating and maintaining
each COMS and reducing the COMS data according to Sec. 63.7831(h).
(3) Inspecting each baghouse according to the requirements in Sec.
63.7830(b)(4) and maintaining all records needed to document
conformance with these requirements.
(4) Maintaining records of the time you initiated corrective action
in the event of a bag leak detection system alarm or when the hourly
average opacity exceeded 5 percent, the corrective action(s) taken, and
the date on which corrective action was completed.
(d) For each venturi scrubber subject to the operating limits for
pressure drop and scrubber water flow rate in Sec. 63.7790(b)(2), you
must demonstrate continuous compliance by meeting the requirements of
paragraphs (d)(1) through (4) of this section:
* * * * *
(4) If the hourly average pressure drop or scrubber water flow rate
is below the operating limits, you must follow the corrective action
procedures in paragraph (g) of this section.
(e) For each electrostatic precipitator subject to the opacity
operating limit in Sec. 63.7790(b)(3), you must demonstrate
[[Page 39588]]
continuous compliance by meeting the requirements of paragraphs (e)(1)
through (3) of this section:
(1) Maintaining the hourly average opacity of emissions no higher
than 10 percent; and
* * * * *
(3) If the hourly average opacity of emissions exceeds 10 percent,
you must follow the corrective action procedures in paragraph (g) of
this section.
(f) * * *
(1) * * *
(i) Computing and recording the 30-day rolling average of the
percent oil content for each operating day according to the performance
test procedures in Sec. 63.7824(d);
* * * * *
(2) * * *
(i) Computing and recording the 30-day rolling average of the
volatile organic compound emissions for each operating day according to
the performance test procedures in Sec. 63.7824(e);
* * * * *
(g) If the hourly average pressure drop or water flow rate for a
venturi scrubber or hourly average opacity for an electrostatic
precipitator exceeds the operating limit, you must follow the
procedures in paragraphs (g)(1) through (4) of this section.
(1) You must initiate corrective action to determine the cause of
the exceedance within 1 hour. During any period of corrective action,
you must continue to monitor and record all required operating
parameters for equipment that remains in operation. Within 24 hours of
the exceedance, you must measure and record the hourly average
operating parameter value for the emission unit on which corrective
action was taken. If the hourly average parameter value meets the
applicable operating limit, then the corrective action was successful
and the emission unit is in compliance with the applicable operating
limit.
(2) If the initial corrective action required in paragraph (g)(1)
of this section was not successful, you must complete additional
corrective action within the next 24 hours (48 hours from the time of
the exceedance). During any period of corrective action, you must
continue to monitor and record all required operating parameters for
equipment that remains in operation. After this second 24-hour period,
you must again measure and record the hourly average operating
parameter value for the emission unit on which corrective action was
taken. If the hourly average parameter value meets the applicable
operating limit, then the corrective action was successful and the
emission unit is in compliance with the applicable operating limit.
(3) For purposes of paragraphs (g)(1) and (2) of this section, in
the case of an exceedance of the hourly average opacity operating limit
for an electrostatic precipitator, measurements of the hourly average
opacity based on visible emission observations in accordance with
Method 9 (40 CFR part 60, appendix A) may be taken to evaluate the
effectiveness of corrective action.
(4) If the second attempt at corrective action required in
paragraph (g)(2) of this section was not successful, you must report
the exceedance as a deviation in your next semiannual compliance report
according to Sec. 63.7841(b).
0
13. Section 63.7834 is amended by revising paragraph (a) to read as
follows:
Sec. 63.7834 How do I demonstrate continuous compliance with the
operation and maintenance requirements that apply to me?
(a) For each capture system and control device subject to an
operating limit in Sec. 63.7790(b), you must demonstrate continuous
compliance with the operation and maintenance requirements in Sec.
63.7800(b) by meeting the requirements of paragraphs (a)(1) through (4)
of this section:
(1) Making monthly inspections of capture systems and initiating
corrective action according to Sec. 63.7800(b)(1) and recording all
information needed to document conformance with these requirements;
(2) Performing preventative maintenance according to Sec.
63.7800(b)(2) and recording all information needed to document
conformance with these requirements;
(3) Initiating and completing corrective action for a baghouse
equipped with a bag leak detection system or COMS according to Sec.
63.7800(b)(4) and recording all information needed to document
conformance with these requirements, including the time you initiated
corrective action, the corrective action(s) taken, and date on which
corrective action was completed.
(4) Initiating and completing corrective action for a venturi
scrubber equipped with a CPMS or an electrostatic precipitator equipped
with a COMS according to Sec. 63.7833(g) and recording all information
needed to document conformance with these requirements, including the
time you initiated corrective action, the corrective action(s) taken
within the first 24 hours according to Sec. 63.7833(g)(1) and whether
they were successful, the corrective action(s) taken within the second
24 hours according to Sec. 63.7833(g)(2) and whether they were
successful, and the date on which corrective action was completed.
* * * * *
0
14. Section 63.7835 is amended by revising the first sentence in
paragraph (a) to read as follows:
Sec. 63.7835 What other requirements must I meet to demonstrate
continuous compliance?
(a) Deviations. Except as provided in Sec. 63.7833(g), you must
report each instance in which you did not meet each emission limitation
in Sec. 63.7790 that applies to you. * * *
* * * * *
0
15. Section 63.7851 is amended by revising paragraph (c)(2) to read as
follows:
Sec. 63.7851 Who implements and enforces this subpart?
* * * * *
(c) * * *
(2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90, except for
approval of an alternative method for the oil content of the sinter
plant feedstock or volatile organic compound measurements for the
sinter plant windbox exhaust stream stack as provided in Sec.
63.7824(f).
* * * * *
0
16. Section 63.7852 is amended by revising the definition of term
``Ladle metallurgy'' to read as follows:
Sec. 63.7852 What definitions apply to this subpart?
* * * * *
Ladle metallurgy means a secondary steelmaking process that is
performed typically in a ladle after initial refining in a basic oxygen
process furnace to adjust or amend the chemical and/or mechanical
properties of steel. This definition does not include vacuum degassing.
* * * * *
0
17. Table 1 to subpart FFFFF of part 63 is amended by revising entries
3, 5, 6, 7, 9, 10, and 11; and by revising the footnotes to read as
follows:
[[Page 39589]]
Table 1 to Subpart FFFFF of Part 63.--Emission and Opacity Limits
* * * * * * *
------------------------------------------------------------------------
You must comply with each of
For . . . the following . . .
------------------------------------------------------------------------
* * * * * * *
3. Each discharge end at an existing a. You must not cause to be
sinter plant. discharged to the atmosphere
any gases that exit from one
or more control devices that
contain, on a flow-weighted
basis, particulate matter in
excess of 0.02 gr/dscf \1\
\2\; and
b. You must not cause to be
discharged to the atmosphere
any secondary emissions that
exit any opening in the
building or structure housing
the discharge end that exhibit
opacity greater than 20
percent (6-minute average).
* * * * * * *
5. Each sinter cooler at an existing You must not cause to be
sinter plant. discharged to the atmosphere
any emissions that exhibit
opacity greater than 10
percent (6-minute average).
6. Each sinter cooler at a new sinter You must not cause to be
plant. discharged to the atmosphere
any gases that contain
particulate matter in excess
of 0.01 gr/dscf.
7. Each casthouse at an existing blast a. You must not cause to be
furnace. discharged to the atmosphere
any gases that exit from a
control device that contain
particulate matter in excess
of 0.01 gr/dscf \2\; and
b. You must not cause to be
discharged to the atmosphere
any secondary emissions that
exit any opening in the
casthouse or structure housing
the blast furnace that exhibit
opacity greater than 20
percent (6-minute average).
* * * * * * *
9. Each BOPF at a new or existing shop. a. You must not cause to be
discharged to the atmosphere
any gases that exit from a
primary emission control
system for a BOPF with a
closed hood system at a new or
existing BOPF shop that
contain, on a flow-weighted
basis, particulate matter in
excess of 0.03 gr/dscf during
the primary oxygen blow \2\
\3\; and
b. You must not cause to be
discharged to the atmosphere
any gases that exit from a
primary emission control
system for a BOPF with an open
hood system that contain, on a
flow-weighted basis,
particulate matter in excess
of 0.02 gr/dscf during the
steel production cycle for an
existing BOPF shop \2\ \3\ or
0.01 gr/dscf during the steel
production cycle for a new
BOPF shop \3\; and
c. You must not cause to be
discharged to the atmosphere
any gases that exit from a
control device used solely for
the collection of secondary
emissions from the BOPF that
contain particulate matter in
excess of 0.01 gr/dscf for an
existing BOPF shop \2\ or
0.0052 gr/dscf for a new BOPF
shop.
10. Each hot metal transfer, skimming, You must not cause to be
and desulfurization operation at a new discharged to the atmosphere
or existing BOPF shop. any gases that exit from a
control device that contain
particulate matter in excess
of 0.01 gr/dscf for an
existing BOPF shop \2\ or
0.003 gr/dscf for a new BOPF
shop.
11. Each ladle metallurgy operation at You must not cause to be
a new or existing BOPF shop. discharged to the atmosphere
any gases that exit from a
control device that contain
particulate matter in excess
of 0.01 gr/dscf for an
existing BOPF shop \2\ or
0.004 gr/dscf for a new BOPF
shop.
* * * * * * *
------------------------------------------------------------------------
\1\ This limit applies if the cooler is vented to the same control
device as the discharge end.
\2\ This concentration limit (gr/dscf) for a control device does not
apply to discharges inside a building or structure housing the
discharge end at an existing sinter plant, inside a casthouse at an
existing blast furnace, or inside an existing BOPF shop if the control
device was installed before August 30, 2005.
\3\ This limit applies to control devices operated in parallel for a
single BOPF during the oxygen blow.
0
18. Table 2 to subpart FFFFF of part 63 is amended by revising entries
5 and 6 to read as follows:
Table 2 to Subpart FFFFF of Part 63.--Initial Compliance With Emission
and Opacity Limits
* * * * * * *
------------------------------------------------------------------------
You have demonstrated initial
For . . . compliance if . . .
------------------------------------------------------------------------
[[Page 39590]]
* * * * * * *
5. Each sinter cooler at an existing The opacity of emissions,
sinter plant. determined according to the
performance test procedures in
Sec. 63.7823(e), did not
exceed 10 percent (6-minute
average).
6. Each sinter cooler at a new sinter The average concentration of
plant. particulate matter, measured
according to the performance
test procedures in Sec.
63.7822(b), did not exceed
0.01 gr/dscf.
* * * * * * *
------------------------------------------------------------------------
0
19. Table 3 to subpart FFFFF of part 63 is revised to read as follows:
Table 3 to Subpart FFFFF of Part 63.--Continuous Compliance With
Emission and Opacity Limits
[As required in Sec. 63.7833(a), you must demonstrate continuous
compliance with the emission and opacity limits according to the
following table.]
------------------------------------------------------------------------
You must demonstrate continuous
For . . . compliance by . . .
------------------------------------------------------------------------
1. Each windbox exhaust stream at an a. Maintaining emissions of
existing sinter plant. particulate matter at or below
0.4 lb/ton of product sinter;
and
b. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
2. Each windbox exhaust stream at a new a. Maintaining emissions of
sinter plant. particulate matter at or below
0.3 lb/ton of product sinter;
and
b. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
3. Each discharge end at an existing a. Maintaining emissions of
sinter plant. particulate matter from one or
more control devices at or
below 0.02 gr/dscf; and
b. Maintaining the opacity of
secondary emissions that exit
any opening in the building or
structure housing the
discharge end at or below 20
percent (6-minute average);
and
c. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
4. Each discharge end at a new sinter a. Maintaining emissions of
plant. particulate matter from one or
more control devices at or
below 0.01 gr/dscf; and
b. Maintaining the opacity of
secondary emissions that exit
any opening in the building or
structure housing the
discharge end at or below 10
percent (6-minute average);
and
c. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
5. Each sinter cooler at an existing a. Maintaining the opacity of
sinter plant. emissions that exit any sinter
cooler at or below 10 percent
(6-minute average); and
b. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
6. Each sinter cooler at a new sinter a. Maintaining emissions of
plant. particulate matter at or below
0.1 gr/dscf; and
b. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
7. Each casthouse at an existing blast a. Maintaining emissions of
furnace. particulate matter from a
control device at or below
0.01 gr/dscf; and
b. Maintaining the opacity of
secondary emissions that exit
any opening in the casthouse
or structure housing the
casthouse at or below 20
percent (6-minute average);
and
c. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
8. Each casthouse at a new blast a. Maintaining emissions of
furnace. particulate matter from a
control device at or below
0.003 gr/dscf; and
b. Maintaining the opacity of
secondary emissions that exit
any opening in the casthouse
or structure housing the
casthouse at or below 15
percent (6-minute average);
and
c. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
9. Each BOPF at a new or existing BOPF a. Maintaining emissions of
shop. particulate matter from the
primary control system for a
BOPF with a closed hood system
at or below 0.03 gr/dscf; and
[[Page 39591]]
b. Maintaining emissions of
particulate matter from the
primary control system for a
BOPF with an open hood system
at or below 0.02 gr/dscf for
an existing BOPF shop or 0.01
gr/dscf for a new BOPF shop;
and
c. Maintaining emissions of
particulate matter from a
control device applied solely
to secondary emissions from a
BOPF at or below 0.01 gr/dscf
for an existing BOPF shop or
0.0052 gr/dscf for a new BOPF
shop; and
d. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
10. Each hot metal transfer, skimming, a. Maintaining emissions of
and desulfurization operation at a new particulate matter from a
or existing BOPF shop. control device at or below
0.01 gr/dscf at an existing
BOPF or 0.003 gr/dscf for a
new BOPF; and
b. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
11. Each ladle metallurgy operation at a. Maintaining emissions of
a new or existing BOPF shop. particulate matter from a
control device at or below
0.01 gr/dscf at an existing
BOPF shop or 0.004 gr/dscf for
a new BOPF shop; and
b. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
12. Each roof monitor at an existing a. Maintaining the opacity of
BOPF shop. secondary emissions that exit
any opening in the BOPF shop
or other building housing the
BOPF shop or shop operation at
or below 20 percent (3-minute
average); and
b. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
13. Each roof monitor at a new BOPF a. Maintaining the opacity (for
shop. any set of 6-minute averages)
of secondary emissions that
exit any opening in the BOPF
shop or other building housing
a bottom-blown BOPF or shop
operation at or below 10
percent, except that one 6-
minute period greater than 10
percent but no more than 20
percent may occur once per
steel production cycle; and
b. Maintaining the opacity (for
any set of 3-minute averages)
of secondary emissions that
exit any opening in the BOPF
shop or other building housing
a top-blown BOPF or shop
operation at or below 10
percent, except that one 3-
minute period greater than 10
percent but less than 20
percent may occur once per
steel production cycle; and
c. Conducting subsequent
performance tests at the
frequencies specified in Sec.
63.7821.
------------------------------------------------------------------------
0
20. Table 4 to subpart FFFFF of part 63 is amended as follows:
0
a. By revising entry Sec. 63.6(h)(2)(i).
0
b. By adding entries Sec. 63.6(i) and Sec. 63.6(j).
0
c. By revising entries Sec. Sec. 63.8 through 63.10.
* * * * *
Table 4 to Subpart FFFFF of part 63.--Applicability of General Provisions to Subpart FFFFF
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Applies to Subpart
Citation Subject FFFFF Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 63.6(h)(2)(i)................. Determining Compliance No..................... Subpart FFFFF specifies
with Opacity and VE methods and procedures
Standards. for determining
compliance with
opacity emission and
operating limits.
Sec. 63.6(i)....................... Extension of Compliance Yes....................
with Emission
Standards.
Sec. 63.6(j)....................... Exemption from Yes....................
Compliance with
Emission Standards.
* * * * * * *
Sec. 63.8(a)(1)-(3), (b), (c)(1)- Monitoring Requirements Yes.................... CMS requirements in
(3), (c)(4)(i)-(ii), (c)(5)-(6), Sec. Sec.
(c)(7)-(8), (f)(1)-(5), (g)(1)-(4). 63.8(c)(4)(i)-(ii),
(c)(5)-(6), (d), and
(e) apply only to
COMS.
[[Page 39592]]
Sec. 63.8(a)(4).................... Additional Monitoring No..................... Subpart FFFFF does not
Requirements for require flares.
Control Devices in
Sec. 63.11.
Sec. 63.8(c)(4).................... Continuous Monitoring No..................... Subpart FFFFF specifies
System Requirements. requirements for
operation of CMS.
Sec. 63.8(f)(6).................... RATA Alternative....... No.....................
Sec. 63.8(g)(5).................... Data Reduction......... No..................... Subpart FFFFF specifies
data reduction
requirements.
Sec. 63.9.......................... Notification Yes.................... Additional
Requirements. notifications for CMS
in Sec. 63.9(g)
apply only to COMS.
Sec. 63.10(a), (b)(1), (b)(2)(i)- Recordkeeping and Yes.................... Additional records for
(xii), (b)(2)(xiv), (b)(3), (c)(1)- Reporting Requirements. CMS in Sec.
(6), (c)(9)-(15), (d), (e)(1)-(2), 63.10(c)(1)-(6), (9)-
(e)(4), (f). (15), and reports in
Sec. 63.10(d)(1)-(2)
apply only to COMS.
Sec. 63.10(b)(2) (xiii)............ CMS Records for RATA No.....................
Alternative.
Sec. 63.10(c)(7)-(8)............... Records of Excess No..................... Subpart FFFFF specifies
Emissions and record requirements.
Parameter Monitoring
Exceedances for CMS.
Sec. 63.10(e)(3)................... Excess Emission Reports No..................... Subpart FFFFF specifies
reporting requirements
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 06-6174 Filed 7-12-06; 8:45 am]
BILLING CODE 6560-50-P