[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Proposed Rules]
[Pages 72756-72758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28456]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2004-0083; FRL-8747-2]
RIN 2060-AM71
Amendments to National Emission Standards for Hazardous Air
Pollutants for Area Sources: Electric Arc Furnace Steelmaking
Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to amend the national emission standards for
electric arc furnace (EAF) steelmaking facilities that are area sources
of hazardous air pollutants published on December 28, 2007. The
amendments to the area source standards for EAF steelmaking facilities
would clarify applicability of the opacity limit, make the performance
test requirements for particulate matter consistent with requirements
in the new source performance standards for EAF steelmaking facilities,
allow title V test data to be used to demonstrate compliance, and
revise the definition of ``scrap provider'' to include electric are
furnace steelmaking facilities that own and operate a scrap shredder.
In the ``Rules and Regulations'' section of this Federal Register, we
are amending the area source standards for EAF steelmaking facilities
as a direct final rule without a prior proposed rule. If we receive no
adverse comment, we will not take further action on this proposed rule.
DATES: Written comments must be received by December 31, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0083, by mail to National Emission Standards for Hazardous Air
Pollutants for Area Sources: Electric Arc Furnace Steelmaking
Facilities Docket, Environmental Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a
total of two copies. Comments may also be submitted electronically or
through hand delivery/courier by following the detailed instructions in
the ADDRESSES section of the direct final rule located in the rules
section of this Federal Register.
FOR FURTHER INFORMATION CONTACT: Mr. Phil Mulrine, Sector Policies and
Programs Division, Office of Air Quality Planning and Standards (D243-
02), Environmental Protection Agency, Research Triangle Park, North
Carolina 27711, telephone number: (919) 541-5289; fax number: (919)
541-3207; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION: The information presented in this document
is organized as follows:
I. Why is EPA issuing this proposed rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. 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. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. Why is EPA issuing this proposed rule?
This document proposes to take action on amendments to the national
emission standards for EAF steelmaking area sources (40 CFR part 63,
subpart YYYYY). We have published a direct final rule amending the area
source standards for EAF steelmaking facilities in the ``Rules and
Regulations'' section of this Federal Register because we view this as
a noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the amendments in the direct final rule or certain amendments in the
direct final rule and those amendments will not take effect. We would
address all public comments in any subsequent final rule based on this
proposed rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
II. Does this action apply to me?
Categories and entities potentially regulated by the proposed rule
include:
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Examples of regulated
Category NAICS code\1\ entities
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Industry...................... 331111........ Steel mills with
electric arc furnace
steelmaking
facilities that are
area sources.
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\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
proposed action. To determine whether your facility would be regulated
by this proposed action, you should examine the applicability criteria
in 40 CFR 63.10680 of subpart YYYYY (National Emission Standards for
Hazardous Air Pollutants for Area Sources: Electric Arc Furnace
Steelmaking 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).
III. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this proposed action will also be available
[[Page 72757]]
on the Worldwide Web (WWW) through the Technology Transfer Network
(TTN). Following signature, a copy of this proposed 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.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This proposed action is not a ``significant regulatory action''
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under the Executive Order.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
These final amendments clarify applicability of the opacity limit, make
the performance test requirements for particulate matter consistent
with requirements in the new source performance standards for electric
arc furnace steelmaking facilities, allow title V test data to be used
to demonstrate compliance, and revise the definition of ``scrap
provider'' to include electric arc furnace steelmaking facilities that
own and operate a scrap shredder. No new burden is associated with
these requirements because the burden was included in the approved
information request (ICR) for the existing rule. However, the Office of
Management and Budget (OMB) has previously approved the information
collection requirements contained in the existing regulations (40 CFR
part 63 subpart YYYYY) under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-
0608. The OMB control numbers for EPA's regulations in 40 CFR are
listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For the purposes of assessing the impacts of this proposed rule on
small entities, small entity is defined as: (1) A small business that
meets the Small Business Administration size standards for small
businesses at 13 CFR 121.201 (whose parent company has fewer than 1,000
employees for NAICS code 331111); (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 this proposed rule on
small entities, I certify that this proposed action will not have a
significant economic impact on a substantial number of small entities.
We have determined that the nine small entities in this area source
category will not incur any adverse impacts because this proposed
action makes only technical corrections and clarifications that do not
create any new requirements or burdens. No costs are associated with
these proposed amendments to the NESHAP.
We continue to be interested in the potential impacts of the
proposed corrections and clarifications on small entities and welcome
comments on issues related to such impacts.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. The term ``enforceable duty''
does not include duties and conditions in voluntary Federal contracts
for goods and services.
Therefore, this action is not subject to the requirements of
sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The technical
corrections and clarifications made through this action contain no
requirements that apply to such governments, impose no obligations upon
them, and will not result in any expenditures by them or any
disproportionate impacts on them.
E. Executive Order 13132: Federalism
Executive Order 13132 (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'' is 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.''
This proposed rule 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,
as specified in Executive Order 13132. This proposed rule makes certain
technical corrections and clarifications to the NESHAP for EAF
steelmaking area sources. These proposed corrections and clarifications
do not impose requirements on State or local governments. Thus,
Executive Order 13132 does not apply to this proposed rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed action does not have tribal implications, as
specified in Executive Order 13175 (65 FR 67249, November 9, 2000).
This proposed rule makes certain technical corrections and
clarifications to the NESHAP for EAF steelmaking area sources. These
proposed corrections and clarifications do not impose requirements on
tribal governments. They also have no direct effects on tribal
governments, on the relationship between the Federal government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes. Thus, Executive Order
13175 does not apply to this proposed action. EPA specifically solicits
additional comment on this proposed action from tribal officials.
[[Page 72758]]
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
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 Order has the
potential to influence the regulation. This proposed action is not
subject to Executive Order 13045 because it makes technical corrections
and clarifications to the area source NESHAP for EAF steelmaking
facilities which is based solely on technology performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
The proposed action is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law No. 104-113, Sec. 12(d) (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. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies. The
NTTAA directs EPA to provide Congress, through the Office of Management
and Budget, explanations when EPA decides not to use available and
applicable voluntary consensus standards.
This proposed rule does not involve technical standards. Therefore,
EPA is not considering the use of any VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12848 (58 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The technical corrections and clarifications in this
proposed rule do not change the level of control required by the
NESHAP.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: November 24, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-28456 Filed 11-28-08; 8:45 am]
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