[Federal Register Volume 66, Number 147 (Tuesday, July 31, 2001)]
[Proposed Rules]
[Pages 39471-39473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19046]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD117-3070; FRL-7021-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; RACT for the Control VOC Emissions from Iron and Steel 
Production Installations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Maryland. The intended effect of 
this action is to propose approval of this revision, which establishes 
reasonably available control technology (RACT) for the control of 
emissions of volatile organic compounds (VOCs) from iron and steel 
production installations in Maryland. The Maryland Department of the 
Environment submitted the SIP revision on January 8, 2001. The revision 
applies to integrated steel mills in Maryland and provides for limits 
on emissions of VOCs from these facilities. Currently, there is only 
one integrated steel mill in Maryland, the Bethlehem Steel Corporation 
located at Sparrows Point in Baltimore County. Volatile organic 
compounds are a precursor of ground-level ozone, commonly known as 
smog. EPA is proposing to approve this revision in accordance with the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before August 30, 2001.

ADDRESSES: Written comments may be mailed to David L. Arnold, Chief, 
Air Quality Programs and Information Services Branch, Mailcode 3AP21, 
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; 
Maryland Department of the Environment, 2500 Broening Highway, 
Baltimore, Maryland, 21224. We recommend that you contact Catherine 
Magliocchetti, Chemical Engineer, at (215) 814-2174 if you wish to 
visit the Region III office to review the docket.

FOR FURTHER INFORMATION CONTACT: Catherine L. Magliocchetti, Chemical 
Engineer, at (215) 814-2174, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' are used to refer to the Environmental Protection Agency 
(EPA). This notice is organized as follows:

I. What is EPA Approving in this Action?
II. Why Did Maryland Submit a Regulation to Require RACT for the 
Control VOC Emissions from Iron and Steel Production Installations 
to EPA as a SIP Revision?
III. Who is Affected by Maryland's RACT Regulation to Control VOCs 
from Iron and Steel Production?
IV. What Does the Maryland Regulation Require as RACT to Control 
VOCs from Iron and Steel Production Installations?

[[Page 39472]]

V. Where is the Maryland RACT Regulation to Control VOCs from Iron 
and Steel Production Installations Codified?
VI. What Public Review Procedures Did Maryland Conduct?
VII. EPA's Proposed Rulemaking Action.
VIII. Administrative Requirements.

I. What is EPA Approving in this Action?

    We are approving Code of Maryland Regulations (COMAR) 26.11.10 
Control of Iron and Steel Production Installations, that establishes 
and imposes RACT to control emissions of VOCs from steel mill sinter 
plants in Maryland. Our approval will make the Maryland Iron and Steel 
Production regulation part of the federally enforceable SIP under the 
Clean Air Act (CAA).

II. Why Did Maryland Submit a Regulation to Require RACT for the 
Control VOC Emissions from Iron and Steel Production Installations 
to EPA as a SIP Revision?

    Baltimore County is classified under the CAA as a severe 
nonattainment area for ozone. The CAA requires that RACT be imposed to 
control VOC emissions from major sources. In a severe ozone 
nonattainment area, such as Baltimore County, a major source of VOCs is 
defined as a source with the potential to emit 25 tons per year (TPY) 
or more. The CAA requires that RACT be implemented by May of 1995. The 
production of iron and steel emits significant amounts of VOCs from the 
sintering process, hot and cold rolling operations, the continuous 
caster process and production furnaces at steel mills. Maryland has 
identified reductions in emissions from these processes as making an 
important contribution toward improving air quality and attaining the 
national ambient ozone air quality standard to protect public health.

III. Who is Affected by Maryland's RACT Regulation to Control VOCs 
from Iron and Steel Production?

    The SIP revision requirements are applicable to a person who owns 
or operates an installation that has actual VOC emissions of 20 pounds 
or more per day located at an iron and steel production facility that 
has the potential to emit total plant wide VOC emissions of 25 tons or 
more per year. Currently, the only integrated steel mill in Maryland is 
the Bethlehem Steel Corporation located in Sparrows Point in Baltimore 
County. This facility is subject to COMAR 26.11.10 Control of Iron and 
Steel Production Installations.

IV. What does the Maryland Regulation Require as RACT to Control 
VOCs from Iron and Steel Production Installations?

    The Maryland regulation establishes controls on: (A) sinter plant 
operations, (B) hot and cold rolling operations, (C) continuous casters 
operations and (D) production furnaces at integrated steel mills as 
follows:
    A. For sinter plant operations, the regulation requires compliance 
with an emission standard of 0.25 pounds of VOC per ton of sinter 
produced, calculated on a daily average basis; interim stack testing, 
and the installation of a continuous emission monitoring system (CEM) 
system on the sinter plant discharge stacks.
    B. For hot and cold rolling operations, the regulation requires use 
of low volatility oil with a vapor pressure of one millimeter of 
mercury or less at 25 degrees Celsius.
    C. For continuous casters operations, the regulation requires the 
oil and grease to be skimmed off the cooling water at the waste water 
treatment facility before being recycled back to the process, to 
prevent evaporation of the oil.
    D. For production furnaces, the regulation requires that ``good 
management practices'' are followed for the operation of such furnaces 
at integrated steel mills.

V. Where is the Maryland RACT Regulation to Control VOCs from Iron 
and Steel Production Installations Codified?

    Maryland codified its RACT regulation to control VOC emissions from 
iron and steel production installations at COMAR 26.11.10. The 
regulation was adopted on December 5, 2000 and became effective on 
December 25, 2000. The proposed rule was published in the Maryland 
Register on October 20, 2000, and the final rule was published on 
December 15, 2000.

VI. What Public Review Procedures Did Maryland Conduct?

    The proposed rule was published for comment in the Maryland 
Register on October 20, 2000. A public hearing was held on November 21, 
2000, and adequate public notice of the hearing was provided in six 
major newspapers within the State of Maryland. The Maryland Department 
of the Environment (MDE) received written comments from EPA and from 
the Bethlehem Steel Corporation. EPA has determined that Maryland 
adequately responded to these comments prior to adoption of the final 
regulation.

VII. EPA Rulemaking Action

    EPA is proposing to approve the SIP revision submitted by MDE on 
SIP January 8, 2001, consisting of COMAR 26.11.10 Control of Iron and 
Steel Production Installations. This regulation establishes RACT to 
control VOC emissions from iron and steel production installations, 
including sinter plants, hot and cold rolling operations, continuous 
casters, and production furnaces. EPA is proposing approval because we 
concur that the control requirements established and imposed by COMAR 
26.11.10 Control of Iron and Steel Production Installations constitute 
RACT to reduce VOCs. We are soliciting public comments on the issues 
discussed in this document or on other relevant matters. These comments 
will be considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA Regional office listed in the ADDRESSES section of 
this document.

VIII. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (See 66 FR 28355, May 22, 2001). 
This action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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). This proposed rule also does not have a 
substantial direct effect on one or more Indian tribes, 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, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor

[[Page 39473]]

will it 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 proposes to approve 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 proposed rule also is not subject to Executive Order 
13045 (62 FR 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 proposed 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 proposed rule to approve Maryland's RACT regulation to control 
VOCs from iron and steel production installations do not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

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

    Dated: July 20, 2001.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 01-19046 Filed 7-30-01; 8:45 am]
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