[Federal Register Volume 67, Number 200 (Wednesday, October 16, 2002)]
[Proposed Rules]
[Pages 64014-64022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26303]
[[Page 64013]]
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Part IV
Environmental Protection Agency
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40 CFR Part 60
Standards of Performance for Steel Plants: Electric Arc Furnaces
Constructed After October 21, 1974, and On or Before August 17, 1983;
and Standards of Performance for Steel Plants: Electric Arc Furnaces
and Argon-Oxygen Decarburization Vessels Constructed After August 17,
1983; Proposed Rule
Federal Register / Vol. 67, No. 200 / Wednesday, October 16, 2002 /
Proposed Rules
[[Page 64014]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[AD-FRL-7394-3]
RIN 2060-AJ68
Standards of Performance for Steel Plants: Electric Arc Furnaces
Constructed After October 21, 1974, and On or Before August 17, 1983;
and Standards of Performance for Steel Plants: Electric Arc Furnaces
and Argon-Oxygen Decarburization Vessels Constructed After August 17,
1983
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
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SUMMARY: The EPA is proposing to amend certain provisions in the new
source performance standards (NSPS) for electric arc furnaces (EAF)
constructed after October 21, 1974, and on or before August 17, 1983,
and the NSPS for EAF constructed after August 17, 1983. The proposed
changes add alternative requirements for monitoring emissions from EAF
exhausts. In addition, minor editorial corrections are being made.
DATES: Comments. Comments must be received on or before December 16,
2002.
Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing by November 5, 2002, a public hearing will be held on
November 15, 2002.
ADDRESSES: Comments. By U.S. Postal Service, send comments (in
duplicate if possible) to: Air and Radiation Docket and Information
Center (6102), Attention Docket Number A-79-33, U.S. EPA, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. In person or by
courier, deliver comments (in duplicate if possible) to: Air and
Radiation Docket and Information Center (6102), Attention Docket Number
A-79-33, U.S. EPA, Room Number M1500, 401 M Street, SW., Washington, DC
20460. Effective August 27, 2002, send comments (in duplicate if
possible) to: Air and Radiation Docket and Information Center (6102T),
Attention Docket Number A-79-33, U.S. EPA, 1301 Constitution Avenue,
NW., Room Number B108, Washington, DC 20460. We request that a separate
copy of each public comment be sent to the contact person listed below
(see For Further Information Contact).
Public Hearing. If a public hearing is held, it will be held at the
new EPA facility complex in Research Triangle Park, NC.
Docket. Docket No. A-79-33 contains supporting information used in
developing the standards. The docket is located at the U.S. EPA, 401 M
Street, SW., Washington, DC 20460 in Room M-1500, Waterside Mall
(ground floor), and may be inspected from 8:30 a.m. to 5:30 p.m.,
Monday through Friday, excluding legal holidays. Effective August 27,
2002, the docket will be located at: U.S. EPA, 1301 Constitution
Avenue, NW., Room Number B108, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Metals Group,
Emission Standards Division (C439-02), U.S. EPA, Research Triangle
Park, NC 27711, telephone number: (919) 541-2364, electronic mail
address: [email protected].
To request a public hearing, to request to speak at a public
hearing, or to find out if a public hearing will be held, contact Ms.
Cassie Posey, Metals Group, Emission Standards Division (C439-02), U.S.
EPA, Research Triangle Park, NC 27711, telephone number (919) 541-0069,
electronic mail address: [email protected].
For information concerning applicability and rule determinations,
contact your State or local permitting authority or the appropriate EPA
regional office representatives.
SUPPLEMENTARY INFORMATION: Comments. Comments and data may be submitted
by electronic mail (e-mail) to: [email protected]. Electronic
comments must be submitted as an ASCII file to avoid the use of special
characters and encryption problems and will also be accepted on disks
in WordPerfect format. All comments and data submitted in electronic
form must note the docket number: Docket No. A-79-33. No confidential
business information (CBI) should be submitted by e-mail. Electronic
comments may be filed online at many Federal Depository Libraries.
Commenters wishing to submit proprietary information for
consideration must clearly distinguish such information from other
comments and clearly label it as CBI. Send submissions containing such
proprietary information directly to the following address, and not to
the public docket, to ensure that proprietary information is not
inadvertently placed in the docket: OAQPS Document Control Office
(C404-02), Attention: Mr. Kevin Cavender, Emission Standards Division,
U.S. EPA, Research Triangle Park, NC 27711. The EPA will disclose
information identified as CBI only to the extent allowed by the
procedures set forth in 40 CFR part 2. If no claim of confidentiality
accompanies a submission when it is received by the EPA, the
information may be made available to the public without further notice
to the commenter.
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Ms.
Cassie Posey, telephone number: (919) 541-0069. Persons interested in
attending the public hearing must also contact Cassie Posey to verify
the time, date, and location of the hearing. The address, telephone
number, and e-mail address for Ms. Posey are listed in the preceding
FOR FURTHER INFORMATION CONTACT section. A public hearing, if held,
will provide interested parties the opportunity to present data, views,
or arguments concerning the proposed emission standards.
Docket. The docket is an organized and complete file of all the
information considered by the EPA in rule development. The docket is a
dynamic file because material is added throughout the rulemaking
process. The docketing system is intended to allow members of the
public and industries involved to readily identify and locate documents
so that they can effectively participate in the rulemaking process.
Along with the proposed and promulgated standards and their preambles,
the contents of the docket will serve as the record in the case of
judicial review. (See section 307(d)(7)(A) of the Clean Air Act (CAA).)
The regulatory text and other materials related to the rulemaking are
available for review in the docket or copies may be mailed on request
from the Air Docket by calling (202) 260-7548. A reasonable fee may be
charged for copying docket materials.
World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of today's proposed rule will also be available on
the WWW through the Technology Transfer Network (TTN). Following
signature, a copy of the proposed rule will be posted on the TTN's
policy and guidance page for newly proposed or promulgated rules at
http://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control. If more
information regarding the TTN is needed, call the TTN HELP line at
(919) 541-5384.
Regulated Entities. Entities potentially regulated by this action
include steel manufacturing facilities who operate electric arc
furnaces. Affected categories and entities include certain sources in
[[Page 64015]]
the North American Information Classification System code 331111.
This description is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be regulated
by this action. To determine whether your facility is regulated by this
action, you should examine the applicability criteria in the rule. If
you have any questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Outline. The information presented in this preamble is organized as
follows:
I. Background
A. What is an EAF?
B. What are the current NSPS requirements for an EAF?
C. Why are the current NSPS requirements being amended?
D. What is a bag leak detection system, and how is it used to
monitor baghouse performance?
II. Summary of Proposed Amendment
A. What is the alternative monitoring option being proposed?
B. What are the editorial corrections being made?
III. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
B. Executive Order 13132, Federalism
C. Executive Order 13175, Consultation and Coordination with
Indian Tribal Governments
D. Executive Order 13045, Protection of Children from
Environmental Health Risks and Safety Risks
E. Unfunded Mandates Reform Act of 1995
F. Regulatory Flexibility Act (RFA), as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.
G. Paperwork Reduction Act
H. National Technology Transfer and Advancement Act of 1995
I. Executive Order 13211, Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution or Use
I. Background
A. What Is an EAF?
An EAF is a metallurgical furnace used to produce carbon and alloy
steels. 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 to permit the
charge of scrap steel by overhead crane. Alloying agents and fluxing
materials usually are added through doors on the side of the furnace.
Electric current is passed between the electrodes and through the
scrap, generating arcing and the generation of enough heat to melt the
scrap steel charge. After the melting and refining periods, impurities
(in the form of a slag) and the refined 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 forming materials are added
for refining. Stages of each cycle normally are charging, melting,
refining (which usually includes oxygen blowing), and tapping.
All of those operations generate particulate matter (PM) emissions.
Emission control techniques involve an emission capture system and a
gas cleaning system. Emission capture systems used in the industry
include direct shell (fourth hole) evacuation, side draft hoods,
combination hoods, canopy hoods, scavenger ducts, and furnace
enclosures. Direct shell evacuation (DEC) consists of ductwork attached
to a separate opening, 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 offgases 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. Canopy hoods and scavenger ducts are used to
address charging and tapping emissions. Baghouses are typically used as
the gas cleaning system.
B. What Are the Current NSPS Requirements for an EAF?
The NSPS for EAF constructed after October 21, 1974, and on or
before August 17, 1983 (40 CFR part 60, subpart AA) were first
promulgated in the Federal Register on September 23, 1975 (40 FR
43850). The NSPS for EAF constructed after August 17, 1983 (40 CFR part
60, subpart AAa) were first promulgated in the Federal Register on
October 31, 1984 (49 FR 43845). Both subparts limit the allowable PM
concentration in the exhaust of an EAF emission control device to 12
milligrams per dry standard cubic meter (mg/dscm). In addition to the
PM emission limit, both subparts limit visible emissions from the EAF
control device to less than 3 percent opacity, as determined by EPA
Method 9 of 40 CFR part 60, appendix A.
In both subparts, if the control device is equipped with a single
stack, the owner or operator is required to install, calibrate,
maintain, and operate a continuous opacity monitoring system (COMS).
The owner and operator must report each 6-minute average COM reading of
3 percent or greater as an excess emission. A COMS is not required on
any modular or multiple-stack fabric filter if opacity readings are
taken at least once per day during a melting and refining period, in
accordance with EPA Method 9.
The subparts also contain requirements for the EAF capture systems.
However, those requirements are not being amended by today's action. As
such, we do not discuss the capture system requirements here.
C. Why Are the Current NSPS Requirements Being Amended?
Today's action is being taken in response to a petition to reopen
the NSPS that we received from the American Iron and Steel Institute
(AISI), the Specialty Steel Industry of North America (SSINA), and the
Steel Manufacturers Association (SMA), who jointly will be referred to
as ``the Petitioner.'' In their request to reopen the EAF NSPS, the
Petitioner argues that COMS are not capable of accurately monitoring
opacity emissions from an EAF shop at the 3 percent excess emissions
threshold level and that the EAF NSPS should be amended to address the
technological shortcomings associated with COMS. In making their
argument, the Petitioner points to our recent revision to the
performance specification for COMS (PS-1, 65 FR 48914) in which we
acknowledge that there is potential for measurement error associated
with COM readings. A conservative approach to estimating the upper
range of the potential measurement error resulted in an estimate of
approximately 4 percent opacity. The Petitioner also points out that
the American Society for Testing and Materials (ASTM) Standard for COMS
(ASTM D 6216-98), which is incorporated in PS-1, expressly limits the
scope of the ASTM Standard to COMS used to monitor opacity subject to
an opacity limit of 10 percent or greater due to the potential error
associated with opacity measurements.
The Petitioner argues that COMS generate inaccurate data which can
trigger Federal and State reporting requirements and expose a facility
to potential liability even when the facility is meeting the opacity
standard. As pointed out above, owners and operators are required by
the NSPS to report all 6-minute average COMS readings above 3 percent
as periods of excess emissions. Since the potential COMS measurement
error is high in comparison to the 3 percent opacity
[[Page 64016]]
standard, the Petitioner believes that the COMS can and do produce
readings above the 3 percent excess emissions threshold when the actual
opacity is below 3 percent. The Petitioner points out that the credible
evidence revisions (62 FR 8313, February 24, 1997) clarify our intent
to use COMS data as evidence of a potential emissions violation.
Therefore, the Petitioner argues, COMS data falsely indicating
emissions above 3 percent opacity could be used as evidence of
violations of the opacity standard. Even if the erroneous COMS data are
eventually determined not to be credible, the Petitioner argues,
companies must bear the burden and cost of defending against such
allegations.
The revisions to PS-1 explained that we did not believe it was
appropriate to limit the applicability of PS-1 based on the level of
the emission limit that would be monitored. Instead of limiting the
applicability of PS-1, we determined that PS-1 should acknowledge the
measurement uncertainty associated with COMS measurements below 10
percent opacity, and allow for a consideration of the potential error
(through statistical procedures or otherwise) when evaluating
compliance with opacity standards below 10 percent.
We agree that it is appropriate to provide an alternative
monitoring option for EAF owners and operators who are concerned with
the accuracy of COMS measurements at levels below 10 percent opacity.
In addition, we believe that bag leak detection systems, the
alternative monitoring option being proposed, are a viable alternative
to COMS for the purpose of monitoring the performance of baghouses.
D. What Is a Bag Leak Detection System, and How Is It Used To Monitor
Baghouse Performance?
A bag leak detection system is a device that is used to measure
relative particulate loadings in the exhaust of a baghouse on a
continuous basis in order to detect bag leaks and other conditions that
result in increases in particulate loadings. Bag leak detection systems
have been developed based on a number of principles including
triboelectric effect, electrodynamic effect, and light scattering. A
bag leak detection system does not need to provide an output in terms
of particulate concentration, but must provide an output that is
proportionate to the particulate concentration such that if particulate
concentrations increase the output from the bag leak detection system
increases.
A bag leak detection system identifies leaks by the resulting
increase in particulate loadings. A properly designed baghouse will
control particulate emissions to very low levels when in good operating
condition. However, if the baghouse develops a leak, due to a torn bag
or seal, there will be a measurable increase in particulate emissions.
A bag leak detection system is capable of quickly (within a few
seconds) determining that an abnormal increase in particulate
concentrations has occurred and can then trigger an alarm to alert the
operator so that the leak can be stopped as soon as possible. Bag leak
detection systems are capable of detecting small leaks while
particulate emissions are well below the levels that would result in
observable opacity. For that reason, we believe that bag leak detection
systems are well suited for monitoring the performance of a baghouse.
II. Summary of Proposed Amendment
A. What Is the Alternative Monitoring Option Being Proposed?
We are proposing bag leak detection coupled with a once per day
opacity observation as an alternative monitoring option to COMS. Under
the proposed alternative, a facility could elect to install, calibrate,
maintain, and operate a bag leak detection system. Owners or operators
would be required to develop a site specific monitoring plan describing
how the system would be selected, installed, and operated, including
how the alarm levels would be established. Within 30 minutes of an
alarm, the owner or operator would be required to initiate procedures
to determine the cause of the alarm and alleviate the cause of the
alarm within 3 hours. In addition, the owner or operator would be
required to maintain and operate their baghouse such that the alarm on
the bag leak detector does not alarm for more than 3 percent of the
operating hours in any 6-month reporting period.
The owner or operator would also be required to conduct an opacity
observation at least once per day when the furnace is in the melting or
refining operation day, in accordance with EPA Method 9. All opacity
observations greater than 3 percent opacity would be reported as a
violation of the opacity standard. In addition, if the alarm on the bag
leak detection system was not alarming during the time the opacity was
observed to be greater than 3 percent, the alarm on the bag leak
detection system would have to be lowered to a point that an alarm
would have occurred during the observation.
B. What Are the Editorial Corrections Being Made?
Two typographical errors are being corrected in the amendment. In
40 CFR 60.274(c) and in 40 CFR 60.274a(c), the references to paragraphs
(b)(1) and (2) are being corrected to refer to paragraph (b). The
paragraphs (b)(1) and (2) of 40 CFR 60.274(c) and 40 CFR 60.274a(c)
were incorporated into paragraph (b) during the last revision to the
NSPS (64 FR 10105, March 2, 1999). In 40 CFR 60.274a(b), the reference
to paragraph (d) is being corrected to refer to paragraph (e).
In addition, 40 CFR 60.274a(d) and 40 CFR 60.274a(e) are being
revised to clarify that owners and operators may petition the
Administrator to approve alternatives to the monitoring requirements
specified in 40 CFR 60.274a(b), as well as alternatives to the monthly
operational status inspections specified in 40 CFR 60.274a(d). This
revision does not change the rule requirements because owners and
operators are currently allowed to petition for alternative monitoring
requirements under 40 CFR 60.13(i) of the General Provisions.
III. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether the regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) 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 an 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 obligation 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.
Pursuant to the terms of Executive Order 12866, it has been
determined that the proposed rule amendments are not a ``significant
regulatory action'' because none of the listed criteria apply
[[Page 64017]]
to the action. Consequently, the action was not submitted to OMB for
review under Executive Order 12866.
B. Executive Order 13132, Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires us to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
The proposed rule amendments do not have federalism implications.
They 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. None of the affected
facilities are owned or operated by State governments, and the
requirements of the proposed rule amendments will not supercede State
regulations that are more stringent. Thus, Executive Order 13132 does
not apply to the proposed rule amendments.
In the spirit of Executive Order 13132 and consistent with our
policy to promote communications between us and State and local
governments, we specifically solicit comments on the proposed rule
amendments from State and local officials.
C. Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires us to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
federal government and Indian tribes.''
The proposed rule amendments do not have tribal implications. They
will not have substantial direct effects on tribal governments, 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 in Executive Order 13175. No
tribal governments own or operate an affected source. Thus, Executive
Order 13175 does not apply to the proposed rule amendments.
D. Executive Order 13045, Protection of Children from Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that we have reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, we must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
rule is preferable to other potentially effective and reasonably
feasible alternatives that we considered.
We interpret Executive Order 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 Executive Order has
the potential to influence the rule. The proposed rule amendments are
not subject to Executive Order 13045 because they are based on
technology performance and not on health or safety risks. No children's
risk analysis was performed because the action only provides affected
EAF owners and operators with alternative monitoring options.
Furthermore, the proposed rule amendments have been determined not to
be ``economically significant'' as defined under Executive Order 12866.
E. Unfunded Mandates Reform Act of 1995
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 sector. Under section 202 of the UMRA, we
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
1 year. Before promulgating a rule for which a written statement is
needed, section 205 of the UMRA generally requires us 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 us 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 we establish any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, we 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 our regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
We have determined that the proposed rule amendments do not contain
a Federal mandate that may result in estimated costs of $100 million or
more for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. The maximum total annual cost of the
proposed rule amendments for any year has been estimated to be less
than $62,000. Thus, today's proposed rule amendments are not subject to
the requirements of sections 202 and 205 of the UMRA. In addition, we
have determined that the proposed rule amendments contain no regulatory
requirements that might significantly or uniquely affect small
governments because they contain no requirements that apply to such
governments or impose obligations upon them. Therefore, today's
proposed rule amendments are not subject to the requirements of section
203 of the UMRA.
F. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1966 (SBREFA), 5 U.S.C. 601 et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis for any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses,
[[Page 64018]]
small organizations, and small governmental jurisdictions. The proposed
amendments will not have a significant impact on a substantial number
of small entities because the amendments only provide alternative
compliance options designed to provide facilities with increased
flexibility. Therefore, I certify that the action will not have a
significant economic impact on a substantial number of small entities.
G. Paperwork Reduction Act
The information collection requirements in the proposed rule
amendments have been submitted for approval to OMB under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. We have prepared an Information
Collection Request (ICR) document (ICR No. 1060.11), and you may obtain
a copy from Susan Auby by mail at the Office of Environmental
Information, Collection Strategies Division, U.S. EPA (2822), 1200
Pennsylvania Avenue NW., Washington, DC 20460; by e-mail at
[email protected]; or by calling (202) 566-1672. You may also download
a copy off the Internet at http://www.epa.gov/icr. The information
requirements are not effective until OMB approves them.
The information requirements are based on notification,
recordkeeping, and reporting requirements in the NSPS General
Provisions (40 CFR part 60, subpart A), which are mandatory for all
operators subject to NSPS. The recordkeeping and reporting requirements
are specifically authorized by section 114 of the CAA (42 U.S.C. 7414).
All information submitted to us pursuant to the recordkeeping and
reporting requirements for which a claim of confidentiality is made is
safeguarded according to our policies set forth in 40 CFR part 2,
subpart B.
The annual increase to monitoring, recordkeeping, and reporting
burden for the proposed rule amendments are estimated at 1750 labor
hours at a total cost of $61,267 nationwide, and the annual average
increase in burden is 175 labor hours and $6,127 per source. We
estimate that there will be no increase in the annualized capital costs
due to the proposed rule amendments. We estimate that the annualized
costs associated with purchasing and installing a bag leak detection
system are equal to the offsetting annualized cost savings associated
with the discontinued use and periodic replacement of a COMS. In making
the estimates, it was assumed that ten existing facilities currently
required to install and operate COMS would elect to use the proposed
alternative monitoring option. The cost estimates reflect increased
costs associated with the installation and operation of a bag leak
detection system and with daily opacity observations partially offset
by the cost savings from no longer having to operate and maintain a
COMS.
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 information;
search existing 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 our
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
Comments are requested on our need for the information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden, including through the use of
automated collection techniques. Send comments on the ICR to the
Director, Collection Strategies Division, U.S. EPA (2822), 1200
Pennsylvania Avenue NW., Washington, DC 20460; and to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street NW., Washington, DC 20503; marked ``Attention: Desk
Officer for EPA.'' Include the ICR number in any correspondence. Since
OMB is required to make a decision concerning the ICR between 30 and 60
days after October 16, 2002, a comment to OMB is best assured of having
its full effect if OMB receives it by November 15, 2002. The final
action will respond to any OMB or public comments on the information
collection requirements contained in this proposal.
H. National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) Public Law 104-113 (15 U.S.C. 272 note) directs us
to use voluntary consensus standards in our regulatory and procurement
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, business practices) developed or adopted by one or more
voluntary consensus bodies. The NTTAA directs us to provide Congress,
through annual reports to OMB, with explanations when an agency does
not use available and applicable voluntary consensus standards. The
proposed rulemaking does not involve a technical standard.
I. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
The proposed rule amendments are not subject to Executive Order
13211 (66 FR 28355, May 22, 2001) because it is not a significant
regulatory action under Executive Order 12866.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: October 9, 2002.
Christine Todd Whitman,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Section 60.271 is amended by adding new paragraphs (o) and (p)
to read as follows:
Sec. 60.271 Definitions.
* * * * *
(o) Bag Leak detection system means a system that is capable of
continuously monitoring relative particulate matter (dust) loadings in
the exhaust of a baghouse to detect bag leaks and other conditions that
result in increases in particulate loadings. A bag leak detection
system includes, but is not limited to, an instrument that operates on
triboelectric, electrodynamic, light scattering, light transmittance,
or other effect to continuously monitor relative particulate matter
loadings.
(p) Operating time means the period of time in hours that an
affected source is in operation beginning at a startup and ending at
the next shutdown.
[[Page 64019]]
3. Section 60.273 is amended by revising paragraph (c) and adding
new paragraphs (e), (f), (g), and (h) to read as follows:
Sec. 60.273 Emission monitoring.
* * * * *
(c) A continuous monitoring system for the measurement of the
opacity of emissions discharged into the atmosphere from the control
device(s) is not required on any modular, multi-stack, negative-
pressure or positive-pressure fabric filter if observations of the
opacity of the visible emissions from the control device are performed
by a certified visible emission observer; or on any single-stack fabric
filter if visible emissions from the control device are performed by a
certified visible emission observer and the owner installs and
continuously operates a bag leak detection system according to
paragraph (e) of this section. Visible emission observations shall be
conducted at least once per day for at least three 6-minute periods
when the furnace is operating in the melting and refining period. All
visible emissions observations shall be conducted in accordance with
Method 9 of appendix A to this part. If visible emissions occur from
more than one point, the opacity shall be recorded for any points where
visible emissions are observed. Where it is possible to determine that
a number of visible emission sites relate to only one incident of the
visible emission, only one set of three 6-minute observations will be
required. In that case, the Method 9 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.
Records shall be maintained of any 6-minute average that is in excess
of the emission limit specified in Sec. 60.272(a).
* * * * *
(e) A bag leak detection system must be installed and continuously
operated on all single-stack fabric filters if the owner or operator
elects not to install and operate a continuous opacity monitoring
system as provided for under paragraph (c) of this section. In
addition, the owner or operator shall meet the visible emissions
observation requirements in paragraph (c) of this section. The bag leak
detection system must meet the specifications and requirements of
paragraphs (e)(1) through (8) of this section.
(1) The bag leak detection system must be certified by the
manufacturer to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter (0.0044 grains
per actual cubic foot) or less.
(2) The bag leak detection system sensor must provide output of
relative particulate matter loadings and the owner or operator shall
continuously record the output from the bag leak detection system using
electronic or other means (e.g., using a strip chart recorder or a data
logger.)
(3) The bag leak detection system must be equipped with an alarm
system that will sound when an increase in relative particulate loading
is detected over the alarm set point established according to paragraph
(e)(4) of this section, and the alarm must be located such that it can
be heard by the appropriate plant personnel.
(4) For each bag leak detection system required by paragraph (e) of
this section, the owner or operator shall develop and submit, to the
Administrator or delegated authority, for approval, a site-specific
monitoring plan that addresses the items identified in paragraphs
(e)(4)(i) through (v) of this section. For each bag leak detection
system that operates based on the triboelectric effect, the monitoring
plan shall be consistent with the recommendations contained in the U.S.
Environmental Protection Agency guidance document ``Fabric Filter Bag
Leak Detection Guidance'' (EPA-454/R-98-015). The owner or operator
shall operate and maintain the bag leak detection system according to
the site-specific monitoring plan at all times. The plan shall
describe:
(i) Installation of the bag leak detector system;
(ii) Initial and periodic adjustment of the bag leak detector
system including how the alarm set-point will be established;
(iii) Operation of the bag leak detection system including quality
assurance procedures;
(iv) How the bag leak detection system will be maintained including
a routine maintenance schedule and spare parts inventory list; and
(v) How the bag leak detection system output shall be recorded and
stored.
(5) The initial adjustment of the system shall, at a minimum,
consist of establishing the baseline output by adjusting the
sensitivity (range) and the averaging period of the device, and
establishing the alarm set points and the alarm delay time (if
applicable).
(6) Following initial adjustment, the owner or operator shall not
adjust the averaging period, alarm set point, or alarm delay time
without approval from the Administrator or delegated authority except
as provided for in paragraphs (e)(6)(i) and (ii) of this section.
(i) Once per quarter, the owner or operator may adjust the
sensitivity of the bag leak detection system to account for seasonal
effects including temperature and humidity according to the procedures
identified in the site-specific monitoring plan required under
paragraph (e)(4) of this section.
(ii) If opacities greater than zero percent are observed over four
consecutive 15-second observations during the daily opacity
observations required under paragraph (c) of this section and the alarm
on the bag leak detection system does not sound, the owner or operator
shall lower the alarm set point on the bag leak detection system to a
point where the alarm would have sounded during the period when the
opacity observations were made.
(7) For negative pressure, induced air baghouses, and positive
pressure baghouses that are discharged to the atmosphere through a
stack, the bag leak detector sensor must be installed downstream of the
baghouse and upstream of any wet scrubber.
(8) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(f) For each bag leak detection system installed according to
paragraph (e) of this section, the owner or operator shall initiate
procedures to determine the cause of all alarms within 30 minutes of an
alarm. The cause of the alarm must be alleviated within 3 hours of the
time the alarm occurred by taking whatever corrective action(s) are
necessary. If additional time is required to alleviate the cause of the
alarm, the owner or operator shall notify the Administrator or
delegated authority. Corrective actions may include, but are not
limited to the following:
(1) Inspecting the baghouse for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
particulate emissions;
(2) Sealing off defective bags or filter media;
(3) Replacing defective bags or filter media, or otherwise
repairing the control device;
(4) Sealing off a defective baghouse compartment;
(5) Cleaning the bag leak detection system probe, or otherwise
repairing the bag leak detection system; or
(6) Shutting down the process producing the particulate emissions.
(g) The owner or operator shall maintain each baghouse monitored by
a bag leak detection system such that the alarm on the bag leak
detection system does not sound for more than 3 percent
[[Page 64020]]
of the total operating time in a 6-month reporting period.
(h) The percentage of time the alarm on a bag leak detection system
sounds shall be determined according to paragraphs (h)(1) through (5)
of this section.
(1) An alarm that occurs due solely to a malfunction of the bag
leak detection system shall not be included in the calculation.
(2) An alarm that occurs during startup, shutdown, or malfunction
shall not be included in the calculation if the owner or operator
follows all requirements contained in Sec. 60.11(d).
(3) For each alarm where the owner or operator initiates procedures
to determine the cause of an alarm within 1 hour of the alarm, 1 hour
of alarm time shall be counted.
(4) For each alarm where the owner or operator does not initiate
procedures to determine the cause of the alarm within 1 hour of the
alarm, alarm time will be counted as the actual amount of time taken by
the owner or operator to initiate procedures to determine the cause of
the alarm.
(5) The percentage of time the alarm on the bag leak detection
system sounds shall be calculated as the ratio of the sum of alarm
times to the total operating time multiplied by 100.
4. Section 60.274 is amended by revising the first sentence of
paragraph (c) to read as follows:
Sec. 60.274 Monitoring of operations.
* * * * *
(c) When the owner or operator of an affected facility 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 CAA, 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) of this
section. * * *
* * * * *
5. Section 60.275 is amended by revising paragraph (i) to read as
follows:
Sec. 60.275 Test methods and procedures.
* * * * *
(i) If visible emissions observations are made in lieu of using a
continuous opacity monitoring system, as allowed for by Sec.
60.273(c), visible emission observations shall be conducted at least
once per day for at least three 6-minute periods when the furnace is
operating in the melting and refining period. All visible emissions
observations shall be conducted in accordance with Method 9. If visible
emissions occur from more than one point, the opacity shall be recorded
for any points where visible emissions are observed. Where it is
possible to determine that a number of visible emission sites relate to
only one incident of the visible emission, only one set of three 6-
minute observations will be required. In that case, the Method 9
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. Records shall be maintained of any 6-minute average
that is in excess of the emission limit specified in Sec. 60.272(a).
* * * * *
6. Section 60.276 is amended by adding new paragraphs (e) and (f)
to read as follows:
Sec. 60.276 Recordkeeping and reporting requirements.
* * * * *
(e) The owner or operator shall maintain the following records for
each bag leak detection system required under Sec. 60.273(e):
(1) Records of the bag leak detection system output;
(2) Records of bag leak detection system adjustments, including the
date and time of the adjustment, the initial bag leak detector
settings, and the final bag leak detector settings;
(3) An identification of the date and time of all bag leak
detection system alarms, the time that procedures to determine the
cause of the alarm were initiated, if procedures were initiated within
30 minutes of the alarm, the cause of the alarm, an explanation of the
actions taken, the date and time the cause of the alarm was alleviated,
and if the alarm was alleviated within 3 hours of the alarm; and
(4) The calculation of the percent of time the alarm on the bag
leak detection system sounded during each 6-month reporting period.
(f) In addition to the information required by Sec. 60.7(c), the
percent of time the alarm on the bag leak detection system sounded
during each 6-month reporting period shall be reported to the
Administrator semi-annually.
7. Section 60.271(a) is amended by adding, in alphabetical order,
definitions for ``Bag leak detection system'' and ``Operating time'' as
follows:
Sec. 60.271a Definitions.
Bag leak detection system means a system that is capable of
continuously monitoring relative particulate matter (dust) loadings in
the exhaust of a baghouse to detect bag leaks and other conditions that
result in increases in particulate loadings. A bag leak detection
system includes, but is not limited to, an instrument that operates on
triboelectric, electrodynamic, light scattering, light transmittance,
or other effect to continuously monitor relative particulate matter
loadings.
* * * * *
Operating time means the period of time in hours that an affected
source is in operation beginning at a startup and ending at the next
shutdown.
* * * * *
8. Section 60.273a is amended by revising paragraph (c) and adding
new paragraphs (e), (f), (g), and (h) to read as follows:
Sec. 60.273a Emission monitoring.
* * * * *
(c) A continuous monitoring system for the measurement of the
opacity of emissions discharged into the atmosphere from the control
device(s) is not required on any modular, multi-stack, negative-
pressure or positive-pressure fabric filter if observations of the
opacity of the visible emissions from the control device are performed
by a certified visible emission observer; or on any single-stack fabric
filter if visible emissions from the control device are performed by a
certified visible emission observer and the owner installs and
continuously operates a bag leak detection system according to
paragraph (e) of this section. Visible emission observations shall be
conducted at least once per day for at least three 6-minute periods
when the furnace is operating in the melting and refining period. All
visible emissions observations shall be conducted in accordance with
Method 9. If visible emissions occur from more than one point, the
opacity shall be recorded for any points where visible emissions are
observed. Where it is possible to determine that a number of visible
emission sites relate to only one incident of the visible emission,
only one set of three 6-minute observations will be required. In that
case, the Method 9 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. Records shall be
maintained of any 6-minute average that
[[Page 64021]]
is in excess of the emission limit specified in Sec. 60.272a(a).
* * * * *
(e) A bag leak detection system must be installed and continuously
operated on all single-stack fabric filters if the owner or operator
elects not to install and operate a continuous opacity monitoring
system as provided for under paragraph (c) of this section. In
addition, the owner or operator shall meet the visible emissions
observation requirements in paragraph (c) of this section. The bag leak
detection system must meet the specifications and requirements of
paragraphs (e)(1) through (8) of this section.
(1) The bag leak detection system must be certified by the
manufacturer to be capable of detecting particulate matter emissions at
concentrations of 10 milligrams per actual cubic meter (0.0044 grains
per actual cubic foot) or less.
(2) The bag leak detection system sensor must provide output of
relative particulate matter loadings and the owner or operator shall
continuously record the output from the bag leak detection system using
electronic or other means (e.g., using a strip chart recorder or a data
logger.)
(3) The bag leak detection system must be equipped with an alarm
system that will sound when an increase in relative particulate loading
is detected over the alarm set point established according to paragraph
(e)(4) of this section, and the alarm must be located such that it can
be heard by the appropriate plant personnel.
(4) For each bag leak detection system required by paragraph (e) of
this section, the owner or operator shall develop and submit, to the
Administrator or delegated authority, for approval, a site-specific
monitoring plan that addresses the items identified in paragraphs
(e)(4)(i) through (v) of this section. For each bag leak detection
system that operates based on the triboelectric effect, the monitoring
plan shall be consistent with the recommendations contained in the U.S.
Environmental Protection Agency guidance document ``Fabric Filter Bag
Leak Detection Guidance'' (EPA-454/R-98-015). The owner or operator
shall operate and maintain the bag leak detection system according to
the site-specific monitoring plan at all times. The plan shall describe
the following:
(i) Installation of the bag leak detector system;
(ii) Initial and periodic adjustment of the bag leak detector
system including how the alarm set-point will be established;
(iii) Operation of the bag leak detection system including quality
assurance procedures;
(iv) How the bag leak detection system will be maintained including
a routine maintenance schedule and spare parts inventory list; and
(v) How the bag leak detection system output shall be recorded and
stored.
(5) The initial adjustment of the system shall, at a minimum,
consist of establishing the baseline output by adjusting the
sensitivity (range) and the averaging period of the device, and
establishing the alarm set points and the alarm delay time (if
applicable).
(6) Following initial adjustment, the owner or operator shall not
adjust the averaging period, alarm set point, or alarm delay time
without approval from the Administrator or delegated authority except
as provided for in paragraphs (e)(6)(i) and (ii) of this section.
(i) Once per quarter, the owner or operator may adjust the
sensitivity of the bag leak detection system to account for seasonal
effects including temperature and humidity according to the procedures
identified in the site-specific monitoring plan required under
paragraph (e)(4) of this section.
(ii) If opacities greater than zero percent are observed over four
consecutive 15-second observations during the daily opacity
observations required under paragraph (c) of this section and the alarm
on the bag leak detection system does not sound, the owner or operator
shall lower the alarm set point on the bag leak detection system to a
point where the alarm would have sounded during the period when the
opacity observations were made.
(7) For negative pressure, induced air baghouses, and positive
pressure baghouses that are discharged to the atmosphere through a
stack, the bag leak detector sensor must be installed downstream of the
baghouse and upstream of any wet scrubber.
(8) Where multiple detectors are required, the system's
instrumentation and alarm may be shared among detectors.
(f) For each bag leak detection system installed according to
paragraph (e) of this section, the owner or operator shall initiate
procedures to determine the cause of all alarms within 30 minutes of an
alarm. The cause of the alarm must be alleviated within 3 hours of the
time the alarm occurred by taking whatever corrective action(s) are
necessary. If additional time is required to alleviate the cause of the
alarm, the owner or operator shall notify the Administrator or
delegated authority. Corrective actions may include, but are not
limited to, the following:
(1) Inspecting the baghouse for air leaks, torn or broken bags or
filter media, or any other condition that may cause an increase in
particulate emissions;
(2) Sealing off defective bags or filter media.
(3) Replacing defective bags or filter media, or otherwise
repairing the control device;
(4) Sealing off a defective baghouse compartment.
(5) Cleaning the bag leak detection system probe, or otherwise
repairing the bag leak detection system; and
(6) Shutting down the process producing the particulate emissions.
(g) The owner or operator shall maintain each baghouse monitored by
a bag leak detection system such that the alarm on the bag leak
detection system does not sound for more than 3 percent of the total
operating time in a 6-month reporting period.
(h) The percentage of time the alarm on a bag leak detection system
sounds shall be determined according to paragraphs (h)(1) through (5)
of this section.
(1) An alarm that occurs due solely to a malfunction of the bag
leak detection system shall not be included in the calculation.
(2) An alarm that occurs during startup, shutdown, or malfunction
shall not be included in the calculation if the owner or operator
follows all requirements contained in Sec. 60.11(d).
(3) For each alarm where the owner or operator initiates procedures
to determine the cause of an alarm within 1 hour of the alarm, 1 hour
of alarm time shall be counted.
(4) For each alarm where the owner or operator does not initiate
procedures to determine the cause of the alarm within 1 hour of the
alarm, alarm time will be counted as the actual amount of time taken by
the owner or operator to initiate procedures to determine the cause of
the alarm.
(5) The percentage of time the alarm on the bag leak detection
system sounds shall be calculated as the ratio of the sum of alarm
times to the total operating time multiplied by 100.
9. Section 60.274a is amended by revising the first sentence of
paragraph (b), revising the first sentence of paragraph (c), revising
the first sentence of paragraph (d), and revising paragraph (e) to read
as follows:
Sec. 60.274a Monitoring of operations.
* * * * *
(b) Except as provided under paragraph (e) of this section, the
owner
[[Page 64022]]
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. * * *
(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 CAA, 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) of this
section. * * *
(d) Except as provided under paragraph (e) of this section, the
owner or operator shall perform monthly operational status inspections
of the equipment that is important to the performance of the total
capture system (i.e., pressure sensors, dampers, and damper switches).
* * *
(e) The owner or operator may petition the Administrator to approve
any alternative to either the monitoring requirements specified in
paragraph (b) of this section or the monthly operational status
inspections specified in paragraph (d) of this section if the
alternative will provide a continuous record of operation of each
emission capture system.
* * * * *
10. Section 60.276a is amended by adding new paragraphs (h) and (i)
to read as follows:
Sec. 60.276a Recordkeeping and reporting requirements.
* * * * *
(h) The owner or operator shall maintain the following records for
each bag leak detection system required under Sec. 60.273a(e):
(1) Records of the bag leak detection system output;
(2) Records of bag leak detection system adjustments, including the
date and time of the adjustment, the initial bag leak detector
settings, and the final bag leak detector settings;
(3) An identification of the date and time of all bag leak
detection system alarms, the time that procedures to determine the
cause of the alarm were initiated, if procedures were initiated within
30 minutes of the alarm, the cause of the alarm, an explanation of the
actions taken, the date and time the cause of the alarm was alleviated,
and if the alarm was alleviated within 3 hours of the alarm; and
(4) The calculation of the percent of time the alarm on the bag
leak detection system sounded during each 6-month reporting period.
(i) In addition to the information required by Sec. 60.7(c), the
percent of time the alarm on the bag leak detection system sounded
during each 6-month reporting period shall be reported to the
Administrator semi-annually.
[FR Doc. 02-26303 Filed 10-15-02; 8:45 am]
BILLING CODE 6560-50-P