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

Federal RegisterMar 2, 1999

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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

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.

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