[Federal Register Volume 66, Number 154 (Thursday, August 9, 2001)]
[Rules and Regulations]
[Pages 41789-41793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20041]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4122a; FRL-7027-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; VOC and NOX RACT Determinations for the 
Allegheny Ludlum Corporation's Brackenridge Facility in the Pittsburgh-
Beaver Valley Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Commonwealth of Pennsylvania's State Implementation Plan (SIP). The 
revision was submitted by the Pennsylvania Department of Environmental 
Protection (PADEP) to establish and require reasonably available 
control technology (RACT) for the Allegheny Ludlum Corporation's 
Brackenridge facility, a major source of volatile organic compounds 
(VOC) and nitrogen oxides ( NOX) located in the Pittsburgh-
Beaver Valley ozone nonattainment area (the Pittsburgh area). EPA is 
approving this revision to establish RACT requirements in the SIP in 
accordance with the Clean Air Act (CAA).

DATES: This rule is effective on September 24, 2001 without further 
notice, unless EPA receives adverse written comment by September 10, 
2001. 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 David L. Arnold, Chief, 
Air Quality Planning & Information Services Branch, Air Protection 
Division, Mail code 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; the Air and Radiation Docket and 
Information Center, U.S. Environmental Protection Agency, 401 M Street, 
SW, Washington, DC 20460; and the Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Michael Ioff at (215) 814-2166, the 
EPA Region III address above or by e-mail at [email protected]. Please 
note that while questions may be posed via telephone and e-mail, formal 
comments must be submitted, in writing, as indicated in the ADDRESSES 
section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act 
(CAA), the Commonwealth of Pennsylvania (the Commonwealth or 
Pennsylvania) is required to establish and implement RACT for all major 
VOC and NOX

[[Page 41790]]

sources. The major source size is determined by its location, the 
classification of that area and whether it is located in the ozone 
transport region (OTR). Under section 184 of the CAA, RACT as specified 
in sections 182(b)(2) and 182(f)) applies throughout the OTR. The 
entire Commonwealth is located within the OTR. Therefore, RACT is 
applicable statewide in Pennsylvania.
    State implementation plan revisions imposing reasonably available 
control technology (RACT) for three classes of VOC sources are required 
under section 182(b)(2). The categories are: (1) All sources covered by 
a Control Technique Guideline (CTG) document issued between November 
15, 1990 and the date of attainment; (2) all sources covered by a CTG 
issued prior to November 15, 1990; and (3) all other major non-CTG 
rules were due by November 15, 1992. The Pennsylvania SIP has approved 
RACT regulations and requirements for all sources and source categories 
covered by the CTG's.
    On February 4, 1994, the Pennsylvania Department of Environmental 
Protection (PADEP) submitted a revision to its SIP to require major 
sources of NOX and additional major sources of VOC emissions 
(not covered by a CTG) to implement RACT. The February 4, 1994 
submittal was amended on May 3, 1994 to correct and clarify certain 
presumptive NOX RACT requirements. In the Pittsburgh area, a 
major source of VOC is defined as one having the potential to emit 50 
tons per year (tpy) or more, and a major source of NOX is 
defined as one having the potential to emit 100 tpy or more. 
Pennsylvania's RACT regulations require sources, in the Pittsburgh 
area, that have the potential to emit 50 tpy or more of VOC and sources 
which have the potential to emit 100 tpy or more of NOX 
comply with RACT by May 31, 1995. The regulations contain technology-
based or operational ``presumptive RACT emission limitations'' for 
certain major NOX sources. For other major NOX 
sources, and all major non-CTG VOC sources (not otherwise already 
subject to RACT under the Pennsylvania SIP), the regulations contain a 
``generic'' RACT provision. A generic RACT regulation is one that does 
not, itself, specifically define RACT for a source or source categories 
but instead allows for case-by-case RACT determinations. The generic 
provisions of Pennsylvania's regulations allow for PADEP to make case-
by case RACT determinations that are then to be submitted to EPA as 
revisions to the Pennsylvania SIP.
    On March 23, 1998 EPA granted conditional limited approval to the 
Commonwealth's generic VOC and NOX RACT regulations (63 FR 
13789). In that action, EPA stated that the conditions of its approval 
would be satisfied once the Commonwealth either (1) certifies that it 
has submitted case-by-case RACT proposals for all sources subject to 
the RACT requirements currently known to PADEP; or (2) demonstrates 
that the emissions from any remaining subject sources represent a de 
minimis level of emissions as defined in the March 23, 1998 rulemaking. 
On April 22, 1999, PADEP made the required submittal to EPA certifying 
that it had met the terms and conditions imposed by EPA in its March 
23, 1998 conditional limited approval of its VOC and NOX 
RACT regulations by submitting 485 case-by-case VOC/NOX RACT 
determinations as SIP revisions and making the demonstration described 
as condition 2, above. EPA determined that Pennsylvania's April 22, 
1999 submittal satisfied the conditions imposed in its conditional 
limited approval published on March 23, 1998. On May 3, 2001 (66 FR 
22123), EPA published a rulemaking action removing the conditional 
status of its approval of the Commonwealth's generic VOC and 
NOX RACT regulations on a statewide basis. The regulation 
currently retains its limited approval status. Once EPA has approved 
the case-by-case RACT determinations submitted by PADEP to satisfy the 
conditional approval for subject sources located in Allegheny, 
Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland 
Counties; the limited approval of Pennsylvania's generic VOC and 
NOX RACT regulations shall convert to a full approval for 
the Pittsburgh area.
    On July 1, 1997, PADEP submitted revisions to the Pennsylvania SIP 
which establish and imposes RACT for several sources of NOX 
and VOCs. This rulemaking pertains only to the RACT determination made 
for the Allegheny Ludlum Corporation's Brackenridge facility, a major 
source of VOC and NOX located in the Pittsburgh area. The 
RACT determinations submitted on July 1, 1997 for other sources are or 
have been the subject of separate rulemakings. The submittal for the 
Allegheny Ludlum Corporation's Brackenridge facility consists of Plan 
Approval Order and Agreement upon Consent (CO) No. 260 in which RACT 
has been established and imposed by the Allegheny County Health 
Department (ACHD). The PADEP submitted CO No. 260 on behalf of the ACHD 
as a SIP revision.

II. Summary of the SIP Revision

    Allegheny Ludlum Corporation's Brackenridge facility is located in 
Allegheny County, Pennsylvania. The facility produces stainless steel 
and silicon strip steel from basic raw materials and metallic scrap. 
The facility consists of two basic oxygen furnaces (BOF), four electric 
arc furnaces (EAF), three electric induction furnaces (EIF), an argon-
oxygen decarburization (AOD) vessel, twenty-seven soaking pits and a 
large number of various metallurgical furnaces and related equipment. 
The facility's potential NOX and VOC emissions were 1,613 
tons per year and 1,371 tons per year, respectively. The ACHD specified 
RACT requirements for the facility in CO No. 260 with the effective 
date of December 19, 1996. Most of the NOX and VOC emitting 
installations and processes at this source are subject to specific SIP-
approved, presumptive RACT requirements. Other installations and 
processes are subject to the generic provisions of Pennsylvania's RACT 
regulation. The NOX and VOC emitting installations/processes 
and the RACT determinations are described below.

A. Descriptions of the NOX Emitting Installations and 
Processes

    The NOX emitting sources at the facility are comprised 
largely of BOFs, EAFs, and AOD vessel, soaking pits, and a large number 
of various natural gas fired heaters and preheating/heating/ reheating 
and annealing furnaces with rated heat inputs values ranging from less 
than 20 MMBTU/hr to no more than 50 MMBTU/hr with the exception of the 
three larger units: the Salem and Rust Reheat furnaces and the Hot Band 
Normalizing furnace with a rated heat input higher than 50 MMBTU/hr. 
Additional NOX emitting sources at the facility are certain 
pieces of the equipment at the annealing and pickling (A&P) lines Nos. 
1, 2 and 3, and two gas fired boilers with a maximum heat input rate of 
34 MMBTU/hr each.
    (1) The BOFs are barrel-shaped furnaces lined with refractories. 
The maximum production rate is 140 tons of steel per hour, combined. 
The furnaces are used to refine a charge of hot metal and metallic 
scrap by high-purity oxygen blown onto the bath at supersonic velocity 
through the oxygen lance. Various fluxes and alloying materials are 
added during the refining process to produce molten steel of the 
required purity and chemical composition.
    (2) The EAFs are refractory-lined furnaces are used to melt and 
partially refine a metal charge consisting of scrap materials, fluxes, 
and various alloying elements with maximum production rates ranging 
from 15 to 26 tons of steel per hour. The sufficient heating is

[[Page 41791]]

generated inside the furnace by electrical current flowing between the 
three graphite electrodes and through the metallic charge. The EAFs 
largely transfer the generation of NOX emissions from the 
steelmaking facility to an electric generating unit at a utility plant 
where those emissions are controlled.
    (3) The AOD vessel is a refractory-lined furnace used in the ladle-
metallurgical argon-oxygen decarburization process to refine stainless 
steel outside the EAF. During the oxygen-argon blowing, fluxes and 
ferro silicon are added to the furnace. Immediately after the 
decarburization blow, molten steel is argon-stirred to achieve the 
desired chemical and temperature homogenization of the material.
    (4) The soaking pits and heating/reheating furnaces are used to 
bring ingots and semi-finished steel products to a uniform temperature 
in order to make them suitable for hot working. Annealing furnaces are 
used to refine the steel grain structure, to relief stresses induced by 
hot or cold working, and to alter the mechanical properties of steel in 
order to improve its machinability. Heat treatment of stainless and 
silicon steels is conducted at a slow rate and relatively low 
temperatures to minimize thermal stresses and to avoid distortion and 
cracking.

B. Description of the VOC Emitting Installations and Processes

    The major VOC emitting sources at the facility are comprised of two 
BOFs, four EAFs, AOD, scrap preheaters, various hot and cold rolling 
mills, and sources of fugitive VOC emissions associated with parts 
cleaners and miscellaneous paints.

C. Description of the Controls Imposed for NOX and VOCs

    (1) BOFs and VOD vessel: The sources generate only modest 
NOX emissions as a result of combustion of the waste off-
gases consisting chiefly of carbon monoxide. Modest VOC emissions are 
produced during charging of the BOF when the vessel is occasionally 
charged with scrap contaminated with oily residues. According to EPA 
publication ``Alternative Control Techniques Document--NOX 
Emissions from Iron and Steel Mills'' (EPA-453/R-94-065), there are no 
technically and/or economically feasible control options currently 
available to control NOX and VOC emissions from such 
sources, largely due to substantial fluctuations in the off-gas flow 
and temperatures. However, due to specific conditions at the 
Brackenridge facility (the presence of a wet scrubber) some post-
process controls could be technically feasible. Accordingly, a case-by-
case RACT analysis was performed for the sources. The control options 
reviewed in the analysis included, but were not limited to, selective 
catalytic reduction (SCR), selective non-catalytic reduction (SNCR) and 
flue gas recirculation (FGR) for NOX emissions and thermal 
oxidation, absorption, carbon adsorption, catalytic oxidation, inertial 
separation and condensation for VOC emissions. The ACHD concluded that 
the only technically and economically feasible option to impose as RACT 
for both NOX and VOCs is that this equipment operate and be 
maintained in accordance with manufacturer's specifications and good 
engineering and pollution control practices.
    (2) EAFs: As noted above, the EAF largely transfers the generation 
of NOX emissions from the steelmaking facility to an 
electric generating unit and thus does not represent a source of 
substantial NOX emissions. Modest VOC emissions are produced 
during charging of the EAF when the furnace is occasionally charged 
with stainless steel scrap contaminated with oily residues. There are 
no known cases where NOX or VOC controls have been 
retrofitted on existing EAFs. Nevertheless, a case-by-case RACT 
analysis for the source was performed to review various options such as 
SCR, NSCR, and FGR to control NOX emissions and thermal 
oxidation, absorption, carbon adsorption, and catalytic oxidation to 
control VOC emissions. The ACHD concluded that only technically and 
economically feasible option to impose as RACT for both NOX 
and VOCs is that this equipment operate and be maintained in accordance 
with manufacturer's specifications and good engineering and pollution 
control practices.
    (3) EIFs: These installations do not emit NOX or VOCs.
    (4) Salem and Rust Reheat Furnaces: Various NOX control 
options such as SCR, SNCR, FGR, Low NOX burners (LNB), and 
Low Excess Air (LEA) were considered for the furnaces. The ACHD has 
examined whether or not those options were technologically feasible and 
economically viable control methods. The ACHD determined that LEA is 
the only option both technically and economically feasible. Therefore, 
ACHD imposed LEA as NOX RACT for these emission units. The 
ACHD limited NOX emissions from each of these furnaces to 
0.15 lbs/MMBTU and to 175 tpy and 60 tpy for the Salem and Rust 
furnaces, respectively. Various VOC control options such as thermal 
oxidation, absorption, carbon absorption, catalytic oxidation, thermal 
separation and condensation were considered for the furnaces. The ACHD 
has examined whether or not these options were technologically and 
economically feasible control methods. The ACHD determined that none of 
these control options are technologically or economically reasonable 
for these furnaces. The ACHD concluded that a requirement to operate 
and maintain these installations in accordance with manufacturer's 
specifications and good engineering and pollution control practices 
constitutes RACT.
    (5) Hot Band Normalizing Furnace: The ACHD considered whether or 
not the NOX and VOC control options analyzed for the Salem 
and Rust Reheat furnaces were technologically feasible and economically 
viable control methods for this furnace. The ACHD concluded that a 
requirement to operate and maintain these installations in accordance 
with manufacturer's specifications and good engineering and pollution 
control practices constitutes RACT.
    (6) Boilers NO. 1 and 2: The ACHD has determined that based upon 
the gross heat input rate of 34 MMBTU/hr, the units are subject to the 
presumptive SIP-approved NOX RACT requirements.
    (7) Miscellaneous Painting/Coating Activities: The ACHD has 
concluded that utilization of the compliant paints/coatings with a 
maximum VOC content not to exceed specified limits combined with a 
requirement to maintain all pertinent records will constitute RACT 
requirements for those activities.

III. EPA's Evaluation of Pennsylvania's SIP Revisions

    EPA is approving Pennsylvania's SIP submittal for the Allegheny 
Ludlum Corporation's Brackenridge facility because CO No. 260 
establishes and imposes RACT requirements in accordance with the 
criteria set forth in the SIP-approved RACT regulations and also 
imposes record-keeping, monitoring, and testing requirements sufficient 
to determine compliance with the applicable RACT determinations.

IV. Final Action

    EPA is approving the SIP revision submitted by PADEP on behalf of 
ACHD to establish and require VOC and NOX RACT for the 
Allegheny Ludlum Corporation's Brackenridge facility. 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

[[Page 41792]]

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 September 24, 2001 without further notice unless EPA 
receives adverse comment by September 10, 2001. 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.

V. 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. 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 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). This 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 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 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 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. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding today's action under section 801 
because this is a rule of particular applicability establishing source-
specific requirements for one named source.

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 9, 2001. 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 action approving the Commonwealth's source-
specific RACT requirements to control VOC and NOX from the 
Allegheny Ludlum Corporation's Brackenridge facility 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, Hydrocarbons, 
Incorporation by reference, Nitrogen Oxides, Ozone, Reporting and 
recordkeeping requirements.

    Dated: August 1, 2001.
Thomas C. Voltaggio,
Deputy 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 NN-Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(159) to read 
as follows:


Sec. 52.2020  Identification of plan.

* * * * *
    (c) * * *
    (159) Revision pertaining to VOC and NOX RACT for the 
Allegheny Ludlum Corporation, Brackenridge facility, submitted by the 
Pennsylvania Department of Environmental Protection on July 1, 1997.
    (i) Incorporation by reference.
    (A) Letter submitted on July 1, 1997 by the Pennsylvania Department 
of Environmental Protection transmitting source-specific VOC and/or 
NOX RACT determinations.
    (B) Consent Order No. 260, effective December 19, 1996, for the 
Allegheny Ludlum Corporation, Brackenridge facility, except for 
conditions 1.8 and 2.5.

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    (ii) Additional Materials--Other materials submitted by the 
Commonwealth of Pennsylvania in support of and pertaining to the RACT 
determination for the source listed in (i)(B), above.
[FR Doc. 01-20041 Filed 8-8-01; 8:45 am]
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