[Federal Register Volume 64, Number 40 (Tuesday, March 2, 1999)]
[Rules and Regulations]
[Pages 10105-10111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4576]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6234-8]
RIN 2060-AH95


Amendment to National Standards of Performance for Steel Plants: 
Electric Arc Furnaces Constructed After October 21, 1974, and On or 
Before August 17, 1983, and Electric Arc Furnaces Constructed After 
August 17, 1983

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments to rule.

-----------------------------------------------------------------------

SUMMARY: This action amends the national standards of performance for 
new stationary sources (NSPS) for electric arc furnaces (EAF) 
constructed after October 21, 1974, and on or before August 17, 1983 
(40 CFR part 60, subpart AA), and the NSPS for EAF constructed after 
August 17, 1983 (40 CFR part 60, subpart AAa). Changes to both rules 
are being made to add alternative requirements for the monitoring of 
EAF capture systems in response to recommendations made by the Common 
Sense Initiative (CSI) subcommittee on iron and steel. The CSI was 
established by the Administrator to bring together affected 
stakeholders to find cleaner, cheaper, and smarter environmental 
management solutions.
    In addition, the EPA is revising two definitions for consistency 
and making a number of editorial changes. The EPA does not believe that 
these editorial changes will affect the applicability or requirements 
of the rule.

DATES: This rule will be effective without further notice on May 3, 
1999 unless the Agency receives adverse comments by April 1, 1999. 
Should the Agency receive such comments, it will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect. If a public hearing is requested, the comment 
period will end 30 days after the date of the public hearing, in which 
case EPA will publish a document in the Federal Register announcing the 
hearing information and the extended comment period.
    Public Hearing. Anyone requesting a public hearing must contact the 
person listed below under FOR FURTHER INFORMATION CONTACT no later than 
March 12, 1999. If a hearing is held, it will take place on March 17, 
1999, beginning at 10:00 a.m.

ADDRESSES: Docket. Docket No. A-79-33, containing information 
considered by the EPA in development of this action, is available for 
public inspection and copying between 8:00 a.m. and 5:30 p.m., Monday 
through Friday except for Federal holidays, at the following address: 
U.S. Environmental Protection Agency, Air and Radiation Docket and 
Information Center (MC-6102), 401 M Street, S.W., Washington, D.C. 
20460; telephone (202) 260-7548. The docket is located at the above 
address in Room M-1500, Waterside Mall (ground floor). A reasonable fee 
may be charged for copying.
    Comments. Written comments should be submitted to: Docket A-79-33, 
U.S. EPA, Air & Radiation Docket & Information Center, 401 M Street, 
S.W., Room 1500, Washington, D.C. 20460.
    Hearing. Inquiries regarding a public hearing should be directed to 
the person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Metals Group, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711; telephone (919) 
541-2364.

SUPPLEMENTARY INFORMATION:
    The EPA is publishing this rule without prior proposal because the 
Agency views these amendments as noncontroversial and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to amend 40 CFR part 60, subpart AA and 
40 CFR subpart AAa should adverse comments be filed. This rule will be 
effective May 3, 1999 without further notice unless the Agency receives 
adverse comments by April 1, 1999.
    If EPA receives such comments, the Agency will publish a timely 
withdrawal of the direct final rule informing the public that the rule 
will not take effect. All public comments received will be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on this rule. Parties interested in 
commenting on this rule should do so

[[Page 10106]]

at this time. If no such comments are received, the public is advised 
that this rule will be effective on May 3, 1999 and no further action 
will be taken on the proposed rule.
    The remainder of this preamble is organized as follows:
I. Background
    A. Process Description
    B. Current NSPS Shop Opacity Requirements
    C. CSI Iron and Steel Subcommittee Recommendation
II. Summary of Amendments
    A. Daily Visible Emissions Observations
    B. Location of Static Pressure Monitor
    C. Volumetric Flow Rate Monitoring
    D. Corrections to Definitions and Editorial Changes
III. Administrative Requirements
    A. Docket
    B. Executive Order 12866
    C. Unfunded Mandates Reform Act
    D. Executive Order 12875
    E. Executive Order 13084
    F. Paperwork Reduction Act
    G. Regulatory Flexibility
    H. Submission to Congress and the General Accounting Office
    I. National Technology Transfer and Advancement Act
    J. Protection of Children from Environmental Health Risks and 
Safety Risk Under Executive Order 13045
    K. Judicial Review

I. Background

A. Process Description

    An EAF is used to produce carbon and alloy steels (two digit SIC 
Code 33--Primary Metal Industries). The input material to an EAF is 
typically 100 percent scrap steel. Cylindrical, refractory lined EAF 
are equipped with carbon electrodes to be raised or lowered through the 
furnace roof. With electrodes retracted the furnace roof can be rotated 
aside to permit the charge of scrap steel by overhead crane. Alloying 
agents and fluxing materials usually are added through the doors on the 
side of the furnace. Electric current of the opposite polarity is 
passed between the electrodes and through the scrap, generating heat. 
After melting and refining periods, the slag and steel are poured from 
the furnace.
    The production of steel in an EAF is a batch process. Cycles, or 
``heats'', range from about 1\1/2\ to 5 hours to produce carbon steel 
and from 5 to 10 hours to produce alloy steel. Scrap steel is charged 
to begin a cycle, and alloying agents and slag materials are added for 
refining. Stages of each cycle normally are charging, melting, refining 
(which usually includes oxygen blowing), and tapping.
    All of these operations generate particulate emissions. Emission 
control techniques involve an emission capture system and a gas 
cleaning system. Five emission capture systems used in the industry are 
direct shell (fourth hole) evacuation, side draft hood, combination 
hood, canopy hood, and furnace enclosures. Direct shell evacuation 
(DEC) consists of ductwork attached to a separate, or fourth hole, in 
the furnace roof which draws emissions to a gas cleaner. The direct 
shell evacuation system works only when the furnace is up-right and the 
roof is in place. The side draft hoods collect furnace off gases from 
around the electrode holes and the work doors after the gases leave the 
furnace. The combination hood incorporates elements from the side draft 
and direct shell evacuation systems.

B. Current NSPS Shop Opacity Requirements

    The NSPS for EAF constructed after October 21, 1974, and on or 
before August 17, 1983 (40 CFR part 60, subpart AA) was first 
promulgated in the Federal Register on September 23, 1975 (40 FR 
43850). Subpart AA establishes a shop opacity limit of less than 6 
percent during melting and refining, less than 20 percent during 
charging, and less than 40 percent during tapping. Shop opacity is 
defined in the rule as the arithmetic average of 24 or more opacity 
observations of emissions from the shop taken in accordance with EPA 
Reference Method 9. However, the shop opacity emission limits are only 
applicable during periods when control system parameters are being 
established. The rule relies on control system monitoring to ensure 
adequate capture of emissions from the EAF.
    The NSPS for EAF constructed after August 17, 1983 (40 CFR part 60, 
subpart AAa) was first promulgated in the Federal Register on October 
31, 1984 (49 FR 43845). Subpart AAa establishes a shop opacity limit of 
less than 6 percent which is applicable at all times. Also, shop 
opacity is defined as the arithmetic average of 24 opacity observations 
of emissions from the shop taken in accordance with EPA Reference 
Method 9.
    In both subparts, when an owner or operator is required to 
demonstrate compliance with the shop opacity limits, they are also 
required to establish the furnace pressures (if a direct shell 
evacuation capture system is used), and either the capture system fan 
motor amperes and damper positions or the capture system flow rates in 
each separately ducted hood. Once established, the owner or operator is 
required to maintain these parameters (within certain tolerances) at 
the levels established during the shop opacity compliance 
demonstration. Monitoring of these parameters provides indirect 
evidence of continued capture effectiveness.

C. CSI Iron and Steel Subcommittee Recommendation

    The CSI Council is established under a charter approved pursuant to 
the Federal Advisory Committee Act (FACA). The purpose of the CSI is to 
advise, consult with, and make recommendations to the Administrator 
with respect to matters pertaining to improvements in the nation's 
pollution control and prevention programs. The CSI brings affected 
stakeholders together to find cleaner, cheaper, and smarter 
environmental management solutions. The CSI members consist of 
independent experts selected from among the national and local 
environmental interest groups, industry, State and local governments, 
and other stakeholders such as labor organizations, environmental 
justice organizations, and the Federal government. Six subcommittees 
were created including the iron and steel subcommittee.
    Today's action implements recommendations received from the CSI 
Iron and Steel Subcommittee (Docket ID No. IV-B-4). Concerns were 
raised to the CSI regarding the use of a pressure monitoring system in 
the free space above an EAF when it is equipped with a direct shell 
evacuation system. The free space above an EAF is subject to severe 
conditions of high temperature and dust. Several owners and operators 
have had problems with frequent plugging of the pressure monitoring 
sensor. Due to the location of the sensor, maintenance and repair can 
be both difficult and dangerous. Industry representatives sought a more 
practical means of monitoring.
    Following discussions and negotiations between the various 
subcommittee members, the subcommittee recommended daily visible 
emissions observations as an alternative to pressure monitoring. As 
discussed above, pressure monitoring provides an indirect indication of 
continued capture effectiveness. Daily visible emissions observations 
will provide direct evidence of continued capture effectiveness.
    The second concern regards the monitoring of fan amperage. Both 
subparts give the owners and operators the option of either monitoring 
flow rates in each separately ducted hood, or monitoring fan amperage 
in conjunction with damper positions. Fan amperage is used as an 
indicator of total flow rate.

[[Page 10107]]

A concern was raised that fan amperage was not necessarily directly 
correlated to exhaust flow rates, and could be affected by other 
factors such as ambient temperature. Therefore, it was recommended that 
owners and operators be given the option to monitor total flow rate 
directly, rather than using fan amperage as an indicator.
    The CSI subcommittee also requested that the EPA clarify the 
conditions under which alternative monitoring requirements can be 
approved under 40 CFR 60.13(i). Section 60.13(i) states, ``After 
receipt and consideration of written application, the Administrator may 
approve alternatives to any monitoring procedures or requirements of 
this part including, but not limited to the following: . . .'' A list 
of conditions under which alternative monitoring requirements can be 
approved is also provided. The EPA wishes to clarify that the list of 
conditions given is not all inclusive. The Administrator may approve 
alternatives due to other conditions based on his or her judgement that 
an alternative monitoring procedure is warranted.

II. Summary of Amendments

    The EPA is amending the two EAF rules to implement the CSI 
recommendations. The changes will not remove any of the rules' 
requirements, but will add alternative monitoring options that will 
provide owners and operators more flexibility in complying with the 
rules while not reducing environmental benefit. The EPA is also taking 
this opportunity to make several minor editorial corrections to the 
rules and to clarify two definitions. These amendments will (1) add 
daily shop opacity observations as an alternative to monitoring furnace 
static pressure for furnaces with DEC systems, (2) allow facilities to 
locate the furnace static pressure monitor in the EAF or DEC duct prior 
to the introduction of ambient air, (3) add control system volumetric 
flow rate monitoring as an alternative to monitoring control system fan 
amperage, and (4) make editorial changes and clarify definitions.

A. Daily Visible Emissions Observations

    The EPA is amending both subpart AA and subpart AAa to allow daily 
visual emissions observations as an alternative to furnace static 
pressure monitoring. Under this alternative, an owner or operator will 
be required to perform shop opacity observations once per day during a 
meltdown and refining period. Records shall be maintained of all 
observations, and observations of shop opacity at or above six percent 
during a meltdown and refining period shall be reported to the 
Administrator semi-annually as an excess emission.

B. Location of Static Pressure Monitor

    The EPA is amending subpart AA to allow owners or operators to 
locate the furnace static pressure monitor in the DEC duct prior to the 
introduction of ambient air. This change is consistent with the 
requirements in subpart AAa, and will provide greater flexibility in 
locating the pressure sensors where plugging may not be as serious of a 
problem.

C. Volumetric Flow Rate Monitoring

    The EPA is amending both subpart AA and subpart AAa to allow 
monitoring of exhaust flow rate at the inlet of the air pollution 
control device as an alternative to monitoring fan amperage. Under this 
alternative, the owner or operator is required to install, calibrate, 
and maintain a monitoring device that continuously records the 
volumetric flow rate at the air pollution control device inlet. A shop 
opacity compliance demonstration will be performed to establish 
volumetric flow rate and damper positions. Operations at volumetric 
flow rates below the value established during the compliance 
demonstration shall be reported to the Administrator semi-annually.

D. Corrections to Definitions and Editorial Changes

    The EPA is making the following corrections and editorial changes 
that were identified during the development of this amendment:
    (1) The date in the title to subpart AAa is being corrected to 
August 17, 1983. This change will not affect the applicability 
determinations for any facilities since the date was correctly 
identified in the applicability section, Sec. 60.270a.
    (2) The definition of tapping period is being revised in subpart AA 
and added to subpart AAa to account for bottom tapping furnaces, which 
do not tilt.
    (3) The definition of meltdown and refining period in subpart AA is 
being revised to exclude periods where power to the EAF is off. This 
change is being made to ensure that power to the EAF is on during shop 
opacity observations. This definition is also being added to subpart 
AAa for the purpose of consistency between the two rules.
    (4) The reference to a 15-minute integrated average for the furnace 
static pressure is being removed from subpart AAa, Sec. 60.274a(g). 
Unlike subpart AA, subpart AAa does not require continuous recording of 
pressure, and does not contain any requirements for establishing a 15-
minute integrated average.

III. Administrative Requirements

A. Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in the development of this rulemaking. The docket 
is a dynamic file, since material is added throughout the rulemaking 
development. The docket system is intended to allow members of the 
public and affected industries to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the background information documents (BIDs) and preambles to 
the proposed and promulgated standards, the contents of the docket, 
excluding interagency review materials, will serve as the official 
record in case of judicial review (section 307(d)(7)(A) of the Act).

B. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether a regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Executive Order defines ``significant regulatory 
action'' as one that is likely to result in a rule that may:
    (1) Have a 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 entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (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 these amendments to the final EAF rules 
are not a ``significant regulatory action'' under the terms of the 
Executive Order and are therefore not subject to OMB review.

C. 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

[[Page 10108]]

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 
to State, local, and tribal governments, in the aggregate, or to the 
private sector, of $100 million or more in any one 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.
    The EPA has determined that this rule does 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 the private 
sector in any one year. This action only provides affected EAF owners 
and operators with alternative monitoring options. Thus, today's rule 
is not subject to the requirements of sections 202 and 205 of the UMRA.

D. Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.'' 
Today's amendments do not create a mandate on State, local or tribal 
governments. The amendments do not impose any enforceable duties on 
these entities. Accordingly, the requirements of section 1(a) of 
Executive Order 12875 do not apply to these amendments.

E. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.'' Today's 
amendments do not significantly or uniquely affect the communities of 
Indian tribal governments. This action only provides affected EAF 
owners and operators with alternative monitoring options. Accordingly, 
the requirements of section 3(b) of Executive Order 13084 do not apply 
to this action.

F. Paperwork Reduction Act

    The Office of Management and Budget (OMB) approved the information 
collection requirements contained in the two final EAF rules under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
assigned the OMB control number 2060-0038.
    The information collection requirements in these amendments will be 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
information Collection Request (ICR) document has been prepared by EPA 
(ICR No. 1060.09) and copies may be obtained from Sandy Farmer by mail 
at OP Regulatory Information Division; U.S. Environmental Protection 
Agency (2137); 401 M St., S.W.; Washington, DC 20460, by email at 
[email protected], or by calling (202) 260-2740. A copy may also be 
downloaded off the Internet at http://www.epa.gov/icr. The information 
requirements in these amendments are not effective until OMB approves 
them.
    The new information requirements are based on recordkeeping, and 
reporting requirements in the NSPS general provisions (40 CFR part 60, 
subpart A), which are mandatory for all owners or operators of sources 
subject to new source performance standards. These recordkeeping and 
reporting requirements are specifically authorized by section 114 of 
the Act (42 U.S.C. 7414). All information submitted to the EPA pursuant 
to the recordkeeping and reporting requirements for which a claim of 
confidentiality is made is safeguarded according to Agency procedures 
set forth in 40 CFR part 2, subpart B.
    The annual increase to monitoring, recordkeeping, and reporting 
burden for this amendment is estimated at 11,375 labor hours at a total 
cost of $398,238.75 nationwide, and the annual average increase in 
burden is 175 labor hours and $6,126.75 per source. This estimate 
includes daily shop opacity observations and associated semi-annual 
excess emissions reports and recordkeeping. There will be no increase 
in annualized capital/startup costs as a result of the new alternative 
monitoring requirements.
    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

[[Page 10109]]

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 are listed in 40 CFR part 9 and 48 CFR Chapter 15.
    Send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques to the Director, OP Regulatory 
Information Division; U.S. Environmental Protection Agency (2137); 401 
M St., S.W.; Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
N.W., Washington, DC 20503, marked ``Attention: Desk Officer for EPA.'' 
Comments are requested within April 1, 1999. Include the ICR number in 
any correspondence.

G. Regulatory Flexibility

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this final rule. This rule only 
provides alternative compliance options designed to provide facilities 
with increased flexibility. As such, the EPA has determined that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

H. Submission to Congress and the General Accounting Office

    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. The EPA will submit a report containing this rule 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 rule 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). This action will be effective May 3, 1999 unless the Agency 
receives adverse comments by April 1, 1999.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., material specifications, test methods, 
sampling and analytical procedures, business practices) that are 
developed or adopted by voluntary consensus standards bodies. The NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable voluntary consensus 
standards. This action does not involve technical standards other than 
those already specified in the original EAF rules.

J. Protection of Children from Environmental Health Risks and Safety 
Risk Under Executive Order 13045

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that (1): Is determined to be ``economically significant'' 
as defined under E.O. 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, the Agency 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 the Agency.
    EPA interprets E.O. 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 action is not subject to E.O. 13045 
because it does not establish an environmental standard intended to 
mitigate health or safety risks.

K. Judicial Review

    Under section 307(b)(1) of the Act, judicial review of a NSPS is 
available only by filing a petition for review in the U.S. Court of 
Appeals for the District of Columbia Circuit within 60 days of today's 
publication of this final rule. Under section 307(b)(2) of the Act, the 
requirements that are the subject of today's action may not be 
challenged later in civil or criminal proceedings brought by the EPA to 
enforce these requirements.

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Electric arc 
furnace, Monitoring requirements, Reporting and recordkeeping 
requirements.

    Dated: February 17, 1999.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble title 40, chapter I, of the 
Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

    1. The authority for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7411, 7413, 7414, 7416, 7429, 7601 
and 7602.

    2. Section 60.271 is amended by revising paragraphs (h) and (j) to 
read as follows:


Sec. 60.271  Definitions.

* * * * *
    (h) Tapping period means the time period commencing at the moment 
an EAF begins to pour molten steel and ending either three minutes 
after steel ceases to flow from an EAF, or six minutes after steel 
begins to flow, whichever is longer.
* * * * *
    (j) Meltdown and refining period means the time period commencing 
at the termination of the initial charging period and ending at the 
initiation of the tapping period, excluding any intermediate charging 
periods and times when power to the EAF is off.
* * * * *
    3. Section 60.272 is amended by revising paragraph (a)(3)(iii) to 
read as follows:


Sec. 60.272  Standard for particulate matter.

* * * * *
    (a) * * *
    (3) * * *
    (iii) The shop opacity standards under paragraph (a)(3) of this 
section shall apply only during periods when the monitoring parameter 
limits specified in Sec. 60.274(b) are being established according to 
Sec. 60.274(c) and (g), unless the owner or operator elects to perform 
daily shop opacity observations in lieu of furnace static pressure 
monitoring as provided for under Sec. 60.273(d).
* * * * *
    4. Section 60.273 is amended by revising paragraph (b) and adding 
paragraph (d) to read as follows:


Sec. 60.273  Emission monitoring.

* * * * *

[[Page 10110]]

    (b) For the purpose of reports under Sec. 60.7(c), all six-minute 
periods during which the average opacity is three percent or greater 
shall indicate a period of excess emission, and shall be reported to 
the Administrator semi-annually.
* * * * *
    (d) A furnace static pressure monitoring device is not required on 
any EAF equipped with a DEC system if observations of shop opacity are 
performed by a certified visible emission observer as follows: Shop 
opacity observations shall be conducted at least once per day when the 
furnace is operating in the meltdown and refining period. Shop opacity 
shall be determined as the arithmetic average of 24 or more consecutive 
15-second opacity observations of emissions from the shop taken in 
accordance with Method 9. Shop opacity shall be recorded for any 
point(s) where visible emissions are observed in proximity to an 
affected EAF. Where it is possible to determine that a number of 
visible emission sites relate to only one incident of visible 
emissions, only one observation of shop opacity will be required. In 
this case, the shop opacity observations must be made for the site of 
highest opacity that directly relates to the cause (or location) of 
visible emissions observed during a single incident.
    5. Section 60.274 is amended by revising paragraphs (b), (c), (f) 
and (g) to read as follows:


Sec. 60.274  Monitoring of operations.

* * * * *
    (b) Except as provided under paragraph (d) of this section, the 
owner or operator subject to the provisions of this subpart shall check 
and record on a once-per-shift basis furnace static pressure (if a DEC 
system is in use, and a furnace static pressure gauge is installed 
according to paragraph (f) of this section) and either: check and 
record the control system fan motor amperes and damper positions on a 
once-per-shift basis; install, calibrate, and maintain a monitoring 
device that continuously records the volumetric flow rate through each 
separately ducted hood; or install, calibrate, and maintain a 
monitoring device that continuously records the volumetric flow rate at 
the control device inlet and check and record damper positions on a 
once-per-shift basis. The monitoring device(s) may be installed in any 
appropriate location in the exhaust duct such that reproducible flow 
rate monitoring will result. The flow rate monitoring device(s) shall 
have an accuracy of 10 percent over its normal operating 
range and shall be calibrated according to the manufacturer's 
instructions. The Administrator may require the owner or operator to 
demonstrate the accuracy of the monitoring device(s) relative to 
Methods 1 and 2 of appendix A of this part.
    (c) When the owner or operator of an EAF is required to demonstrate 
compliance with the standards under Sec. 60.272(a)(3) and at any other 
time the Administrator may require that (under section 114 of the Act, 
as amended) either: the control system fan motor amperes and all damper 
positions; the volumetric flow rate through each separately ducted 
hood; or the volumetric flow rate at the control device inlet and all 
damper positions shall be determined during all periods in which a hood 
is operated for the purpose of capturing emissions from the EAF subject 
to paragraph (b)(1) or (b)(2) of this section. The owner or operator 
may petition the Administrator for reestablishment of these parameters 
whenever the owner or operator can demonstrate to the Administrator's 
satisfaction that the EAF operating conditions upon which the 
parameters were previously established are no longer applicable. The 
values of these parameters as determined during the most recent 
demonstration of compliance shall be maintained at the appropriate 
level for each applicable period. Operation at other than baseline 
values may be subject to the requirements of Sec. 60.276(a).
* * * * *
    (f) Except as provided for under Sec. 60.273(d), where emissions 
during any phase of the heat time are controlled by use of a direct 
shell evacuation system, the owner or operator shall install, 
calibrate, and maintain a monitoring device that continuously records 
the pressure in the free space inside the EAF. The pressure shall be 
recorded as 15-minute integrated averages. The monitoring device may be 
installed in any appropriate location in the EAF or DEC duct prior to 
the introduction of ambient air such that reproducible results will be 
obtained. The pressure monitoring device shall have an accuracy of 
5 mm of water gauge over its normal operating range and 
shall be calibrated according to the manufacturer's instructions.
    (g) Except as provided for under Sec. 60.273(d), when the owner or 
operator of an EAF is required to demonstrate compliance with the 
standard under Sec. 60.272(a)(3) and at any other time the 
Administrator may require (under section 114 of the Act, as amended), 
the pressure in the free space inside the furnace shall be determined 
during the meltdown and refining period(s) using the monitoring device 
under paragraph (f) of this section. The owner or operator may petition 
the Administrator for reestablishment of the 15-minute integrated 
average pressure whenever the owner or operator can demonstrate to the 
Administrator's satisfaction that the EAF operating conditions upon 
which the pressures were previously established are no longer 
applicable. The pressure determined during the most recent 
demonstration of compliance shall be maintained at all times the EAF is 
operating in a meltdown and refining period. Operation at higher 
pressures may be considered by the Administrator to be unacceptable 
operation and maintenance of the affected facility.
* * * * *
    6. Section 60.276(d) is added to read as follows:


Sec. 60.276  Recordkeeping and reporting requirements.

* * * * *
    (d) The owner or operator shall maintain records of all shop 
opacity observations made in accordance with Sec. 60.273(d). All shop 
opacity observations in excess of the emission limit specified in 
Sec. 60.272(a)(3) of this subpart shall indicate a period of excess 
emission, and shall be reported to the Administrator semi-annually, 
according to Sec. 60.7(c).
    7. The Title to subpart AAa is revised to read as follows:

Subpart AAa--Standards of Performance for Steel Plants: Electric 
Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed 
After August 17, 1983

    8. Section 60.271a is amended by adding the following definition in 
alphabetical order:


Sec. 60.271a  Definitions.

* * * * *
    Meltdown and refining period means the time period commencing at 
the termination of the initial charging period and ending at the 
initiation of the tapping period, excluding any intermediate charging 
periods and times when power to the EAF is off.
* * * * *
    Tapping period means the time period commencing at the moment an 
EAF begins to pour molten steel and ending either three minutes after 
steel ceases to flow from an EAF, or six minutes after steel begins to 
flow, whichever is longer.
* * * * *

[[Page 10111]]

    9. Section 60.273a(d) is added to read as follows:


Sec. 60.273a  Emission monitoring.

* * * * *
    (d) A furnace static pressure monitoring device is not required on 
any EAF equipped with a DEC system if observations of shop opacity are 
performed by a certified visible emission observer as follows: Shop 
opacity observations shall be conducted at least once per day when the 
furnace is operating in the meltdown and refining period. Shop opacity 
shall be determined as the arithmetic average of 24 consecutive 15-
second opacity observations of emissions from the shop taken in 
accordance with Method 9. Shop opacity shall be recorded for any 
point(s) where visible emissions are observed. Where it is possible to 
determine that a number of visible emission sites relate to only one 
incident of visible emissions, only one observation of shop opacity 
will be required. In this case, the shop opacity observations must be 
made for the site of highest opacity that directly relates to the cause 
(or location) of visible emissions observed during a single incident.
    10. Section 60.274a is amended by revising paragraphs (b), (c), 
(f), and (g) to read as follows:


Sec. 60.274a  Monitoring of operations.

* * * * *
    (b) Except as provided under paragraph (d) of this section, the 
owner or operator subject to the provisions of this subpart shall check 
and record on a once-per-shift basis the furnace static pressure (if 
DEC system is in use, and a furnace static pressure gauge is installed 
according to paragraph (f) of this section) and either: check and 
record the control system fan motor amperes and damper position on a 
once-per-shift basis; install, calibrate, and maintain a monitoring 
device that continuously records the volumetric flow rate through each 
separately ducted hood; or install, calibrate, and maintain a 
monitoring device that continuously records the volumetric flow rate at 
the control device inlet and check and record damper positions on a 
once-per-shift basis. The monitoring device(s) may be installed in any 
appropriate location in the exhaust duct such that reproducible flow 
rate monitoring will result. The flow rate monitoring device(s) shall 
have an accuracy of 10 percent over its normal operating 
range and shall be calibrated according to the manufacturer's 
instructions. The Administrator may require the owner or operator to 
demonstrate the accuracy of the monitoring device(s) relative to 
Methods 1 and 2 of appendix A of this part.
    (c) When the owner or operator of an affected facility is required 
to demonstrate compliance with the standards under Sec. 60.272a(a)(3) 
and at any other time the Administrator may require that (under section 
114 of the Act, as amended) either: the control system fan motor 
amperes and all damper positions; the volumetric flow rate through each 
separately ducted hood; or the volumetric flow rate at the control 
device inlet and all damper positions shall be determined during all 
periods in which a hood is operated for the purpose of capturing 
emissions from the affected facility subject to paragraph (b)(1) or 
(b)(2) of this section. The owner or operator may petition the 
Administrator for reestablishment of these parameters whenever the 
owner or operator can demonstrate to the Administrator's satisfaction 
that the affected facility operating conditions upon which the 
parameters were previously established are no longer applicable. The 
values of these parameters as determined during the most recent 
demonstration of compliance shall be maintained at the appropriate 
level for each applicable period. Operation at other than baseline 
values may be subject to the requirements of Sec. 60.276a(c).
* * * * *
    (f) Except as provided for under Sec. 60.273a(d), if emissions 
during any phase of the heat time are controlled by the use of a DEC 
system, the owner or operator shall install, calibrate, and maintain a 
monitoring device that allows the pressure in the free space inside the 
EAF to be monitored. The monitoring device may be installed in any 
appropriate location in the EAF or DEC duct prior to the introduction 
of ambient air such that reproducible results will be obtained. The 
pressure monitoring device shall have an accuracy of 5 mm 
of water gauge over its normal operating range and shall be calibrated 
according to the manufacturer's instructions.
    (g) Except as provided for under Sec. 60.273a(d), when the owner or 
operator of an EAF controlled by a DEC is required to demonstrate 
compliance with the standard under Sec. 60.272a(a)(3), and at any other 
time the Administrator may require (under section 114 of the Clean Air 
Act, as amended), the pressure in the free space inside the furnace 
shall be determined during the meltdown and refining period(s) using 
the monitoring device required under paragraph (f) of this section. The 
owner or operator may petition the Administrator for reestablishment of 
the pressure whenever the owner or operator can demonstrate to the 
Administrator's satisfaction that the EAF operating conditions upon 
which the pressures were previously established are no longer 
applicable. The pressure determined during the most recent 
demonstration of compliance shall be maintained at all times when the 
EAF is operating in a meltdown and refining period. Operation at higher 
pressures may be considered by the Administrator to be unacceptable 
operation and maintenance of the affected facility.
* * * * *
    11. Section 60.276a(g) is added to read as follows:


Sec. 60.276a  Recordkeeping and reporting requirements.

* * * * *
    (g) The owner or operator shall maintain records of all shop 
opacity observations made in accordance with Sec. 60.273a(d). All shop 
opacity observations in excess of the emission limit specified in 
Sec. 60.272a(a)(3) of this subpart shall indicate a period of excess 
emission, and shall be reported to the administrator semi-annually, 
according to Sec. 60.7(c).

[FR Doc. 99-4576 Filed 3-1-99; 8:45 am]
BILLING CODE 6560-50-P