[Federal Register Volume 65, Number 171 (Friday, September 1, 2000)]
[Rules and Regulations]
[Pages 53180-53181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22375]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD008/052-3052; FRL-6845-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland ; Control of Iron and Steel Production Installations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Maryland State Implementation Plan (SIP). The revisions provide for the 
establishment of a visible emission standard applicable to blast 
furnaces constructed on or after January 1, 1977. In particular this 
revision effects the casthouse building at the ``L'' Blast Furnace at 
Bethlehem Steel Corporation--Sparrows Point Plant. EPA is approving 
these revisions in accordance with the requirements of the Clean Air 
Act.

DATES: This rule is effective on October 31, 2000 without further 
notice, unless EPA receives adverse written comment by October 2, 2000. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Written comments should be mailed to Ms. Makeba A. Morris, 
Chief, Technical Assessment Branch, Mailcode 3AP22, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania 19103. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460; Maryland Department of 
the Environment, 2500 Broening Highway, Baltimore, Maryland, 21224.

FOR FURTHER INFORMATION CONTACT: Ruth E. Knapp, (215) 814-2191, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION:   

I. Summary of the SIP Revision

    On March 30, 1987 and on December 15, 1987, the State of Maryland 
submitted a formal revision to its State Implementation Plan (SIP). The 
SIP revision consists of an amendment to COMAR 10.18.10.03B(3) 
(currently COMAR 26.11.10.03B(2)) to add a visible emissions standard 
for blast furnaces constructed on or after January 1, 1977. In 
particular the revision effects the casthouse building at the ``L'' 
Blast Furnace at Bethlehem Steel Corporation's Sparrows Point Plant.
    Bethlehem's Steel's ``L'' Blast Furnace functions to reduce iron 
ore to usable molten iron for further processing in a basic oxygen 
furnaces and open hearths. Particulate emissions from the casthouse are 
controlled by local hoods over the taphole, trough, skimmer and molten 
liquid transfer points and by a system of trough and runner covers. 
Whenever a taphole is open, the entire control system will normally be 
operational except the trough cover, which must be removed for brief 
periods to allow access for the taphole drill and for the mudgun. Fumes 
collected from the capture system of hoods and covers are exhausted 
into the baghouse that is subject to a no visible emission standard. It 
is estimated that particulate emissions from the casthouse in 1984 were 
98 lbs/day.
    The State of Maryland's SIP currently contains no measurable 
opacity limit on the ``L'' Blast Furnace. This revision affects only 
visible emissions from blast furnaces constructed on or after January 
1, 1977. At the time of the revision, only one facility, Bethlehem 
Steel Corporation's ``L'' Blast Furnace Casthouse was effected by the 
change. The revision is based on 1984-1986 levels of production and 
effectiveness of control equipment at this facility. The standard is 
based on 35 separate visible emissions observations of the casthouse 
building taken during 1984-1986. Many of the observations were made 
while the ``L'' Blast Furnace was operating in the range of its 
original design capacity production rate. The new provision requires 
that the ``L'' Blast Furnace Casthouse and any blast furnace built on 
or after January 1, 1977 meet an opacity standard of 5% except during 
drilling, oxygen lancing, and plugging of furnace tapholes. During 
these periods, an opacity standard of 20% must be met.

II. Final Action

    EPA is approving revisions to the Maryland SIP submitted on March 
30, 1987 and December 15, 1987. The revisions to the COMAR 10.18.10 
.03B(3) (currently COMAR 26.11.10.03B(2)) consist of an amendment to 
establish a visible emission standard for blast furnaces constructed on 
or after January 1, 1977. EPA is publishing this rule without prior 
proposal because the Agency views this as a noncontroversial amendment 
and anticipates no adverse comment. However, in the ``Proposed Rules'' 
section of today's Federal Register, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision if 
adverse comments are filed. This rule will be effective on October 31, 
2000 without further notice unless EPA receives adverse comment by 
October 2, 2000. If EPA receives adverse comment, EPA will publish a 
timely withdrawal in the Federal Register informing the public that the 
rule will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

III. Administrative Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule 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 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR

[[Page 53181]]

19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'''' issued under the executive 
order. This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. 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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action, approving visible emission standards 
for blast furnaces at iron and steel installations built in the State 
of Maryland on or after January 1, 1977, must be filed in the United 
States Court of Appeals for the appropriate circuit by October 31, 
2000. Filing a petition for reconsideration by the Administrator of 
this final rule does not affect the finality of this rule for the 
purposes of judicial review nor does it extend the time within which a 
petition for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. This rule may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

Thomas Voltaggio,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

    2. Section 52.1070 is amended by adding paragraphs (c)(150) to read 
as follows:


Sec. 52.1070  Identification of plan.

* * * * *
    (c) * * *
    (150 ) Revisions to the Maryland Regulations related to visible 
emissions standards for iron and steel installations submitted on March 
30, 1987 and December 15, 1987 by the Maryland Department of Health and 
Mental Hygiene (currently known as the Maryland Department of the 
Environment):
    (i) Incorporation by reference.
    (A) Letters of March 30, 1987 and December 15, 1987 from the 
Maryland Department of Health and Mental Hygiene (currently known as 
the Maryland Department of the Environment) transmitting revisions 
related to visible emissions standards for iron and steel 
installations.
    (B) Revisions to COMAR 10.18.10.03B(3) [currently COMAR 
26.11.10.03B(2)], effective March 24, 1987.
    (C) Revisions to COMAR 10.18.10.03B(3) [currently COMAR 
26.11.10.03B(2)], effective January 5, 1988.
    (ii) Additional Material. Remainder of the March 30, 1987 and 
December 15, 1987 submittals.

[FR Doc. 00-22375 Filed 8-31-00; 8:45 am]
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