[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Rules and Regulations]
[Pages 8523-8534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3360]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[OAR-2002-0049; FRL-7874-9]
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: Final rule; amendments.
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SUMMARY: This action promulgates amendments to the new source
performance standards for electric arc furnaces constructed after
October 21, 1974, and on or before August 17, 1983, and the new source
performance standards for electric arc furnaces constructed after
August 17, 1983. The final amendments add alternative requirements for
monitoring emissions from furnace exhausts and make minor editorial
corrections.
EFFECTIVE DATE: February 22, 2005.
ADDRESSES: The EPA has established an official public docket for this
action including both Docket No. OAR-2002-0049 and Docket No. A-79-33.
All documents in the docket are listed in the EDOCKET index at http://www.epa.gov/edocket (or Docket No. A-79-33). Not all docket materials
are available electronically. The materials in Docket No. A-79-33 are
in hard copy form and are publicly available through the docket
facility as set forth below. Although listed in the index, some
information is not publicly available, i.e., confidential business
information or other information whose disclosure is restricted by
statute. Certain other information, such as copyrighted materials, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically in EDOCKET or in hard copy form at the New Source
Performance Standards for Electric Arc Furnaces Docket, Docket ID No.
OAR-2002-0049 (or A-79-33), EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.
FOR FURTHER INFORMATION CONTACT: Mr. Kevin Cavender, Emission Standards
Division, Office of Air Quality Planning and Standards (C439-02),
Environmental Protection Agency, Research Triangle Park, NC 27711,
telephone number (919) 541-2364, electronic mail (e-mail) address,
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
Categories and entities potentially regulated by this action
include:
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Examples of regulated
Category NAICS code \1\ entities
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Industry....................... 331111 Steel manufacturing
facilities that
operate electric arc
furnaces.
Federal government............. ............... Not affected.
State/local/tribal government.. ............... Not affected.
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\1\ North American Industry Classification System.
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 40 CFR 60.270
(for electric arc furnaces constructed after October 21, 1974, and on
or before August 17, 1983) or 40 CFR 60.270a (for electric arc furnaces
and argon-oxygen decarburization vessels constructed after August 7,
1983), as applicable. 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.
B. Where Can I Get a Copy of This Document and Other Related
Information?
In addition to being available in the docket, an electronic copy of
today's final rule amendments will also be available on the Worldwide
Web (WWW) through the Technology Transfer Network (TTN). Following the
Administrator's signature, a copy of the final rule amendments will be
placed on the TTN's policy and guidance page for 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.
C. What Are the Judicial Review Requirements?
Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of the final rule amendments is available only by filing a petition for
review in the U.S.
[[Page 8524]]
Court of Appeals for the District of Columbia Circuit by April 25,
2005. Under section 307(d)(7)(B) of the CAA, only an objection to the
final rule that was raised with reasonable specificity during the
period for public comment can be raised during judicial review. Under
section 307(b)(2) of the CAA, the requirements that are the subject of
today's final rule amendments may not be challenged separately in civil
or criminal proceedings brought by the EPA to enforce these
requirements.
D. How Is This Document Organized?
The information in this preamble is organized as follows:
II. Background
A. What Is an Electric Arc Furnace?
B. What Are the Current Requirements of the New Source
Performance Standards for Electric Arc Furnaces?
C. Why Are We Amending the New Source Performance Standards?
III. Summary of the Final Amendments
A. What Is the New Alternative Monitoring Option?
B. What Editorial Corrections Are We Making?
IV. Response to Comments
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health & Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Congressional Review Act
II. Background
A. What Is an Electric Arc Furnace?
An electric arc furnace (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, or fourth hole, in the furnace roof which draws
emissions to a gas cleaner. The DEC 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.
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 Requirements of the New Source Performance
Standards for Electric Arc Furnaces?
The new source performance standards (NSPS) for EAF constructed
after October 21, 1974, and on or before August 17, 1983 (40 CFR part
60, subpart AA) were first promulgated 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 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) or 0.0052 grains per dry standard cubic
foot (gr/dscf). In addition to the PM emission limit, both subparts
limit visible emissions from the EAF control device (typically a
baghouse) 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 or operator must report each 6-minute average COMS 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 We Amending the New Source Performance Standards?
We are amending the NSPS in response to a petition to reopen the
NSPS filed by the American Iron and Steel Institute (AISI), the
Speciality Steel Industry of North America (SSINA), and the Steel
Manufacturers Association (SMA) (``the Petitioner''). In the request to
reopen, the Petitioner argues that COMS are not capable of accurately
monitoring opacity emissions from an EAF shop at the 3 percent excess
emission threshold level, and that the EAF NSPS should be amended to
address the technological shortcomings associated with COMS. In making
this argument, the Petitioner points to our recent revision (65 FR
48914, August 10, 2000) to performance specification 1 (PS-1) for COMS
(40 CFR part 60, appendix B) in which we acknowledge that there is
potential for measurement error associated with COMS readings. On
October 16, 2002 (67 FR 64014), in response to the petition, we
proposed amendments to the NSPS that would allow bag leak detection
systems as an alternative monitoring option. More information on the
industry petition can be found in the preamble to the proposed
amendments.
Today's final rule amendments reflect our full consideration of the
petition, including all of the public comments received. The petition
to reopen is granted to the extent provided in today's final action
adding an alternative to COMS for monitoring emissions from EAF control
devices. The petition is denied in all other respects. For the reasons
stated in the response to comments below, we have determined that the
alternatives suggested by the Petitioner are inappropriate, and that
other measures, including the bag leak detection system monitoring
alternative finalized today, adequately address its concerns about
potential measurement error.
[[Page 8525]]
III. Summary of the Final Amendments
A. What Is the New Alternative Monitoring Option?
The final rule amendments allow plants to use a bag leak detection
system on all single stack fabric filters as an alternative monitoring
option to COMS. Owners or operators are required to develop a site-
specific monitoring plan describing how the system will be selected,
installed, and operated, including how the alarm levels will be
established. In the event a bag leak detection system alarm is
triggered, the owner or operator must initiate corrective action to
determine the cause of the alarm within 1 hour of the alarm and
alleviate the cause of the alarm within 3 hours. An approved site-
specific monitoring plan may allow more than 3 hours for alleviating a
specified condition where an explanation is provided justifying a
longer time period.
The owner or operator also must conduct an opacity observation at
least once per day when the furnace is in the melting and refining
period, in accordance with EPA Method 9 (40 CFR part 60, appendix A).
All opacity observations greater than 3 percent opacity must 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 must be lowered to a point that an alarm
would have occurred during the observation.
B. What Editorial Corrections Are We Making?
Two typographical errors are corrected in the amendments. In 40 CFR
60.274(c) and in 40 CFR 60.274a(c), the references to paragraphs (b)(1)
and (2) are 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
corrected to refer to paragraph (e).
In addition, 40 CFR 60.274a(d) and 40 CFR 60.274a(e) are 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). These revisions do not
change the rules requirements because owners and operators are
currently allowed to petition for alternative monitoring requirements
under 40 CFR 60.13(i) of the NSPS General Provisions (40 CFR part 60,
subpart A).
IV. Response to Comments
We received a total of 20 comment letters on the proposed
amendments from representatives of three industry trade associations,
one State agency, one steelmaking company, the steelworkers labor
union, three equipment vendors, and two private citizens. We offered to
provide interested individuals the opportunity for oral presentations
of data, views, or arguments concerning the proposed amendments, but a
public hearing was not requested. Today's final rule amendments reflect
our full consideration of all the comments received.
Comment: We received comments supporting bag leak detection systems
as an alternative to COMS from two equipment vendors, representatives
of three industry trade associations, and one steelmaker. Two vendors
express support for bag leak detection systems based on comparative
study results and the lower operation and maintenance costs. The
industry commenters express support for this alternative monitoring
system because of a reported potential for measurement error associated
with COMS at levels below 10 percent opacity, which they believe is
evidenced by the revisions to PS-1 for COMS (65 FR 48914, August 10,
2000).
We received comments opposing bag leak detection systems as an
alternative to COMS from 11 members of one equipment vending firm, two
private citizens, one State environmental agency, and representatives
of the steelworker's union. These commenters do not agree that the
proposed alternative is necessary because revisions to PS-1 (40 CFR
part 60, appendix B) in EPA's 2002 ``Conditional Performance
Specification for Measurement 0-10% Opacity'' (designed specifically
for EAF) ensure accurate COMS measurements below 10 percent opacity.
The conditional performance specification addresses the limitations of
PS-1 and the technical problems described in the industry's study. In
addition, a low-opacity COMS that meets PS-1 and the conditional
performance specification has been installed and certified on EAF. The
low-opacity COMS costs only 15 percent more than a standard COMS and is
easy to use. One commenter also contends that EPA has not shown in the
administrative record that steel mini-mills have been improperly
burdened by enforcement actions based on erroneous opacity readings
below 10 percent. Another stated that allowing the proposed alternative
will increase emissions and noncompliance.
The commenters argue that plants cannot use bag leak detection
systems to certify continuous compliance because they are not accurate
enough and do not actually measure PM or opacity. In addition, Method 9
(40 CFR part 60, appendix B) cannot provide a reasonable check of bag
leak detection systems because: (1) The method is good only at opacity
levels of 7 to 8 percent; (2) COMS are necessary for some facilities
where Method 9 is not applicable or accurate due to factors such as
baghouse orientation or extreme southern latitudes, (3) the periodic
readings are taken only once daily for 18 minutes during daylight hours
and not during the operations that generate the most emissions, or (4)
are subject to manipulation.
Response: We disagree with commenters that bag leak detectors are
ineffective or inappropriate. We have required bag leak detection
systems as monitoring systems in numerous national emission standards
for hazardous air pollutants (NESHAP) developed under section 112 of
the Clean Air Act (CAA). We are not aware of any States or EPA Regions
with concerns about certifying continuous compliance for the numerous
existing rules that utilize bag leak detection systems, and the
commenters did not provide any specific information in support of their
assertions. These systems have been demonstrated to be very effective
at detecting leaks and bag failures on a continuing basis in many
different applications. The systems provide timely information that can
be used to reduce excess emissions that occur when unexpected leaks or
failures occur.
Bag leak detection systems offer a viable and effective alternative
to COMS for monitoring the performance of baghouses. While bag leak
detection systems do not directly measure PM or opacity, they sense any
increase in PM concentration at very low levels before emissions rise
to a level that would result in observable opacity. Given the
sensitivity of bag leak detection systems to changes in PM
concentration, along with the daily Method 9 observations to verify the
performance of the bag leak detection systems, allowing bag leak
detections systems as an alternative to COMS will not increase
emissions or noncompliance. In fact, the opposite is true. By requiring
owners and operators to identify leaks quickly and to make prompt
repairs, we expect facilities that elect to use the bag leak detection
alternative will reduce emissions.
[[Page 8526]]
Upon further review of the appropriateness of bag leak detection
systems for the final rules, we became aware that the proposed minimum
sensitivity of 10 milligrams per actual cubic meter (0.0044 grains per
actual cubic foot) was near the level of the PM standard (12 mg/dscm or
0.0052 gr/dscf). However, based on consultation with vendors of bag
leak detections systems, it was determined that standard bag leak
detections systems are easily capable of measuring baseline emissions
of 1 milligram per actual cubic meter or lower. As a result, we are
lowering the minimum sensitivity to 1 milligram per actual cubic meter
(0.00044 grains per actual cubic foot). This change does not represent
a significant departure from our proposed amendments because it does
not affect the selection or cost of the bag leak detection systems
available to owners or operators, but merely provides a more accurate
representation of the minimum sensitivity of existing bag leak
detection systems.
We disagree that Method 9 observations are inadequate to verify the
performance of the bag leak detection systems. Although the human eye
may not be able to distinguish opacity to the nearest 1 percent
opacity, Method 9 observations were used as a basis for the 3 percent
opacity limit. Method 9 involves 15 second opacity readings that are
recorded at discrete values to the nearest 5 percent opacity, i.e.,
values of either 0, 5, 10, or 15 percent, etc. Over a 6-minute period,
Method 9 produces 24 readings that are used to develop the 6-minute
average values. Method 9 readings were used to develop the original 3
percent opacity standard and continues to be the performance test
method for determining compliance identified for these final rules as
well as many others for measurement of opacity. As such, the proposed
daily Method 9 observations are directly applicable and appropriate for
the verification of the performance of the bag leak detection systems
(as well as their direct use to assess compliance).
We do not agree that the commenter's concerns about limitations on
the times that Method 9 may be conducted necessitate the use of COMS.
Method 9 and 40 CFR 60.273(c) and 40 CFR 60.273a(c) specify the
conditions under which the tests are to be conducted. Owners and
operators must schedule and conduct the daily Method 9 reading such
that these conditions are met. We do not know of any EAF facility that
would be unable to meet the Method 9 requirements due to baghouse
orientation and extreme southern latitude, and the commenter did not
provide any specific information in support of their assertions. Also,
the requirement to perform the Method 9 observation during melting and
refining is consistent with the existing requirements for Method 9
observations on EAF stacks that are not equipped with COMS (40 CFR
60.273(c), 60.273a(c), 60.275(i) and 60.275a(i)).
The availability of low opacity COMS also does not warrant
withholding bag leak detection systems as an alternative monitoring
option. Although the installation and certification of new low-opacity
COMS technology and the development of the conditional performance
specification appear promising, additional steps are needed in the
process before we can require their application. The conditional
performance specification still must be approved as an alternative
method or a revision to PS-1 before a source may use it to meet Federal
requirements under 40 CFR part 60, 61, or 63. During that process, the
specification is potentially subject to change based on the review of
additional validation studies or on public comments as part of the
process for adoption as an EPA test method or as a revision to PS-1.
Nonetheless, an owner or operator who would prefer to use a low-opacity
COMS could install a low-opacity COMS and certify it using PS-1, or
apply to certify the low opacity COMS based on the conditional
performance specification as an alternative monitoring option as
allowed under the NSPS General Provisions (40 CFR part 60, appendix A).
Based on a review of public comments, we maintain that the bag leak
detection systems provide a reasonable alternative to the COMS
requirements.
Comment: Two industry commenters state that the bag leak detection
system alternative does not resolve the potential measurement error
associated with COMS readings at the 3 percent opacity level and thus
does not resolve the petition to reopen the NSPS. The commenters cite
statements in the rulemaking for PS-1 regarding the technological
limitations of COMS, including a comment by an American Society for
Testing and Materials (ASTM) representative that the ASTM standard for
COMS (ASTM D6216-98), which is incorporated in PS-1, ensures accurate
COMS measurements only at sources with opacity limits of 10 percent or
greater. They also cite EPA's estimate of the upper range of potential
measurement error of 4 percent opacity, and an industry study finding
that COMS complying with PS-1 requirements have a potential error band
of 7.5 percent.
The commenters stated that inaccurate data results in negative
legal implications, such as exposure to inappropriate enforcement
actions, hurdles to certifications of continuous compliance in the
title V permitting program, and the triggering of additional excess
emissions reports for false positive COMS readings. One commenter adds
that false positive readings from COMS have occurred, as evidenced by
simultaneous information from both COMS and Method 9 readings. The
commenters stated that the proposed option does not resolve the
industry's petition because it does not address the COMS error band
issue. Not all facilities affected by the error band issue can replace
COMS with bag leak detection systems due to costs, permit requirements,
and the reluctance of EPA Regional Offices to approve the change. They
request that EPA raise the excess reporting threshold to account for
the error band, acknowledge that the COMS data within the error band
are not credible evidence of opacity violations, or eliminate the COMS
requirement in its entirety.
One commenter suggests that EPA retain the COMS requirements but
require plants to report only the data that exceeds 10 percent opacity
to address the error band issue. Opacity data less than 10 percent
should not be recorded or reported.
Response: The alternatives suggested by the commenters do not
provide adequate assurance and documentation that the opacity standard
is being continuously maintained. Raising the excess reporting
threshold would preclude the permitting authority and the public from
obtaining information on any opacity exceedances falling below the new
higher threshold (as high as 10 percent under the commenters' view) and
thus undermine accountability to the 3 percent opacity standard.
Eliminating the COMS requirement would result in the wholesale loss of
continuous opacity measurements, even where exceedances are far above
the potential error band.
The revisions to PS-1 explained that it was not appropriate to
limit the applicability of PS-1 based on the level of the emission
limit that would be measured. We determined that PS-1 should
acknowledge the uncertainty associated with COMS measurements below 10
percent opacity and allow for consideration of the potential error
(through statistical procedures or otherwise) when evaluating
compliance with opacity standards below 10 percent. As commenters
acknowledge,
[[Page 8527]]
EPA conducted a very conservative analysis of the upper range of
potential measurement error that may be associated with COMS meeting
PS-1 and found the upper range of potential measurement error to be
about 4 percent. We also noted that a ``properly operating and aligned
COMS should experience measurement error significantly less than this
magnitude.'' Thus, instead of broadly limiting the applicability of
COMS, any uncertainty should be addressed on a case-by-case basis.
We note that while COMS is the required monitoring method (in the
absence of a source choosing the alternative monitoring option
finalized today), Method 9 remains the performance test method and, as
such, is the benchmark against which other data are compared in
determining source compliance.\1\ If the company believes the COMS data
are not credible evidence of an opacity violation, it may dispute the
materiality of such data in its compliance certification or excess
emissions report.\2\ It may also challenge the relevance and accuracy
of the COMS data in a judicial or administrative tribunal.\3\ Thus, it
is not necessary or appropriate to make a broad determination that COMS
data within the potential error band are not credible evidence of
opacity violations.
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\1\ See Credible Evidence Revisions (62 FR 8314, February 24,
1997) (``the reference tests remain the benchmark against which * *
* other information will be evaluated.'').
\2\ See Natural Resources Defense Council v. EPA, 194 F.3d 130,
138 (D.C. Cir. 1999) (``[N]othing precludes an owner from adding a
caveat to its certification to the effect that, while it is
providing other evidence which EPA might find material, the
submitter disputes its materiality and reserves the right to
challenge the use of the evidence in court.'').
\3\ See 62 FR at 8322; Grand Canyon Trust v. Public Serv. Co. of
New Mexico, 294 F. Supp. 2d 1246 (D.N.M. 2003).
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In addition, the bag leak detection system alternative provides
owners or operators who are concerned with the accuracy of COMS
measurements the option to use bag leak detection systems instead of
COMS. Case-by-case approval of this alternative monitoring method by
EPA Regional Offices will no longer be necessary after the alternative
is incorporated into the NSPS through today's final rule amendments.
Comment: Comments from the industry trade associations support the
proposed alternative but oppose certain provisions. They suggest that:
(1) Facilities should be allowed 1 hour (rather than 30 minutes) to
initiate procedures to determine the cause of an alarm, (2) the
proposed 3-hour limit for alleviating the cause of an alarm be replaced
with ``as soon as practicable'' or ``within a reasonable time'' to
account for scenarios that may take longer than 3 hours to identify and
fix, and (3) facilities should not have to receive advance approval of
their site-specific monitoring plan.
Response: A key and necessary component of the bag leak detection
system alternative is the requirement to initiate corrective action and
alleviate the cause of alarms as soon as possible. Providing specific
time requirements makes the standard much clearer for both the
regulators and the regulated community. Based on our experience with
baghouses, bag leak detectors, and the various corrective actions that
may be required, we determined that the 30-minute period to initiate
corrective action was insufficient and should be revised to 1 hour.
This change is consistent with the bag leak detection requirements we
have promulgated in other rules.
We agree that the cause of the alarm should be alleviated as soon
as practicable; however, the 3-hour limit is reasonable and necessary
to ensure that corrective action needed to alleviate the cause of the
alarm be taken to ensure timely action and to protect the environment.
Most causes of an alarm can be fixed within the 3-hour limit. For
example, modern baghouses have multiple compartments so that one
compartment can be quickly isolated (i.e., taken out of service) to
perform maintenance or to isolate a leaking bag without requiring the
process to be shut down. Nonetheless, we have added a provision to the
final rule amendments stating that, as part of the site-specific
monitoring plan, the Administrator or delegated authority may approve
such additional time as necessary to ensure corrective action as
expeditiously as practicable where the owner or operator identifies the
condition that could lead to an alarm and adequately explains why the
3-hour limit for the condition is not feasible. This adequately
addresses those few scenarios where more than 3 hours is necessary to
alleviate the cause of the alarm.
We are retaining the requirement to receive advance approval of
site-specific monitoring plans. Pre-approval of the monitoring plans
serves several purposes. First, it provides EPA an indication of which
monitoring method the facility will use. Second, it ensures that the
monitors will be properly installed for all applicable emission points.
In addition, it provides the owner or operator some assurance that the
proposed monitoring approach will be satisfactory and may avoid
unnecessary expenditures if the monitoring approach was found to be
inadequate after it was implemented.
Comment: One commenter proposed a change to 40 CFR
60.723(e)(6)(ii), which reads: ``opacity over zero percent would
require an adjustment of the bag leak detection system alarm levels.''
The commenter stated this should read ``over three percent.''
Response: As discussed above, a Method 9 opacity observation is
composed of 24 individual, 15 second opacity readings. Each individual
reading is recorded in 5 percent increments. As such, any visible
emissions would be recorded as 5 percent opacity or greater. Baghouses
in good working condition control emissions to below the level that
would result in visible emissions (i.e., zero percent). If visible
emissions are observed from a baghouse, it is an indication that a leak
has occurred, and the bag leak detection system should be adjusted to
ensure the alarm sounds at that point or below.
Comment: One commenter stated the proposed amendment improperly
relaxes monitoring requirements by allowing excursions from bag leak
detection system operational parameters for up to 3 percent of facility
operating hours. The commenter stated that this provision does not
ensure continuous compliance with the opacity and particulate emission
limits.
On the other hand, comments from industry trade associations oppose
the 3 percent limit on alarms because: (1) It undermines the purpose of
bag leak detection systems, which is to detect emissions before they
become exceedances; and (2) the limit assumes that alarms equate to
exceedances or that the alarms indicate poor operation. The number of
alarms may reflect only how low a facility sets the alarm level, and
the operating limit serves to increase the stringency of the emission
limit. Instead, the commenter suggests that EPA adopt an alarm
threshold above which plants would be required to implement a quality
improvement plan or adopt a threshold of 5 percent as it has done in
other rules. The proposed amendments should also describe more clearly
how operating time is to be calculated and confirm what operations
would constitute a startup, shutdown, or malfunction.
Response: We reconsidered the 3 percent limit on alarms for
baghouse leak detection system alarms as applied to EAF. We have no
data indicating that the 3 percent limit on alarms has been applied to
these operations, and we have no firm basis for determining what level,
if any, might be appropriate for these operations. We agree that the
[[Page 8528]]
purpose of bag leak detection systems is to detect emissions before
they become exceedances. For these reasons, we have dropped the 3
percent limit on alarms. However, it is important that corrective
action be initiated promptly; consequently, we require that corrective
actions be initiated within 1 hour of an alarm to ensure baghouses are
well maintained and operated properly on a continuing basis. Excessive
alarms are effectively limited by the general duty under 40 CFR
60.11(d) to maintain and operate air pollution control equipment in a
manner consistent with good air pollution control practices for
minimizing emissions.
In response to the comments, we have not included the following
proposed provisions in the final rule amendments: (1) The definition of
``operating time'' in 40 CFR 60.271(p) and 60.271a, (2) the proposed
operating limit in 40 CFR 63.273(g) and 63.273a(g), (3) associated
provisions in 40 CFR 63.273(h) and 63.273a(h) for determining how to
calculate the percentage of time the alarm sounds, and (4) associated
recordkeeping and recording requirements in 40 CFR 63.276(e) and (f)
and 40 CFR 63.276a(h)(4) and (i).
Comment: One commenter asks EPA to specify whether bag leak
detection system records must be reported according to the requirements
in 40 CFR 70.6(c) and 71.6(c) and whether the records may be used to
establish violations under the NSPS credible evidence requirements in
40 CFR 60.11. Should EPA remove the 3 percent allowance for operation
of the EAF and fume collection system while the bag leak detection
system indicates bag leaks or pressure loss, the amendments should
clarify that any system failures that cause an alarm are evidence of a
violation.
Response: With regard to recordkeeping and reporting requirements
under 40 CFR part 70, 40 CFR 70.6(c) and 71.6(c) clearly require that
title V permits include recordkeeping and reporting provisions covering
the bag leak detection system records in this NSPS (40 CFR 60.273(c),
60.273a(c), 60.276(e), and 60.276a(h)). The part 70 regulations state
that title V permits must contain recordkeeping and reporting
requirements consistent with 40 CFR 70.6(a)(3) and 71.6(a)(3),
respectively. Those provisions further provide that the permit must
incorporate ``all applicable recordkeeping requirements, including
``[r]ecords of required monitoring information,'' and ``all applicable
reporting requirements.'' They also require ``[s]ubmittal of reports of
any required monitoring at least every six months.''
Whether such records establish violations of the opacity limit will
vary depending on the circumstances presented. As stated previously,
the purpose of bag leak detection systems is to detect emissions before
they become exceedances. Whether a particular alarm or exceedance can
be used as credible evidence of such a violation depends upon the facts
presented in each case. Additionally, as we stated in the preamble to
the credible evidence rule, ``what evidence is credible and admissible
will be determined by * * * taking into account how the evidence was
gathered and the specifics of the emission standard and any associated
reference method.'' (62 FR 8314, 8323, February 24, 1997).\4\
---------------------------------------------------------------------------
\4\ The Agency further explained that it would not issue lists
of presumptively credible evidence, explaining that ``both judicial
and administrative tribunals routinely make determinations
concerning the admissibility and weight of evidence on a case-by-
case basis.'' (See 62 FR 8316.) Such case-by-case evaluations would
apply to data generated by bag leak detection systems.
---------------------------------------------------------------------------
Independent of whether a particular alarm or exceedance is credible
evidence of a violation of the opacity limit, sources have a duty to
comply with the baghouse leak detection system monitoring requirements
where a source chooses such monitoring as an alternative to COMS, and
failure to comply with the monitoring requirements could give rise to
an enforcement action under section 113(a)(3) or section 304(a) of the
CAA.
Comment: Comments from industry trade associations do not oppose
the editorial corrections to 40 CFR 60.274(c) and 60.274a(c), but the
commenter questions why the proposed wording of the regulatory text
differs from the existing rule. The existing rule was amended on
October 17, 2000, to read:
(c) When the owner or operator of an affected facility is required
to demonstrate compliance with the standards under Sec.
63.272(a)(3) and at any other time that the Administrator may
require (under section 114 of the CAA, as amended) either * * *.
The proposed regulatory text reads ``at any other time the
Administrator may require that''. The industry commenters believe the
location of the word ``that'' could change the meaning of the
paragraph. The paragraph could be interpreted as allowing the
Administrator to choose which of the three monitoring options a
facility must follow. To clarify this issue, the word ``that'' should
follow ``at any other time.''
Response: We did not intend to alter the placement of the word
``that'' in 40 CFR 60.274(c) and 60.274a(c). We have revised the
placement of the word ``that'' in the final rule amendment to follow
``at any other time,'' as suggested by the commenter, to clarify that
the Administrator does not choose which of the three monitoring options
a facility must use.
V. Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
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 a ``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 entitlement, 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 the final rule amendments are not a
``significant regulatory action'' under the terms of Executive Order
12866 and are, therefore, not subject to OMB review.
B. Paperwork Reduction Act
The information collection requirements in the final rule
amendments have been submitted for approval to OMB under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. The information collection
requirements are not enforceable until OMB approves them.
The information requirements in the final rule amendments 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 records and reports required by
these rule amendments are necessary for EPA to: (1) Identify new,
modified, or reconstructed sources subject to the
[[Page 8529]]
rule; (2) ensure that the rule requirements are being properly applied;
and (3) ensure that the emission control devices are being properly
operated and maintained on a continuous basis. Based on the reported
information, EPA can decide which plants, records, or processes should
be inspected. The recordkeeping and reporting requirements are
specifically authorized by section 114 of the CAA (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 policies in 40 CFR part 2, subpart B.
The annual increase to monitoring, recordkeeping, and reporting
burden for the final rule amendments are estimated at 1,750 labor hours
at a total cost of $96,145 nationwide, and the annual average increase
in burden is 175 labor hours and $9,615 per source. The estimate of the
increase in annual monitoring, recordkeeping, and reporting annual cost
in the final rule amendment is higher than the estimate made in the
proposal by $34,878, which is due to the use of a higher cost of labor
estimate ($26.16/hr, $54.94/hr including overhead) than was used in the
proposal ($16.67/hr, $35.01/hr including overhead). We estimate that
there will be no increase in the annualized capital costs due to the
final 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 purpose 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 respond to a collection of 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 number for EPA's
regulations in 40 CFR part 60 are listed in 40 CFR part 9. When this
ICR is approved by OMB, the Agency will publish a technical amendment
to 40 CFR part 9 in the Federal Register to display the OMB control
number for the approved information collection requirements contained
in these final rule amendments.
C. Regulatory Flexibility Analysis
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with the final rule
amendments. For the purposes of assessing the economic impact of
today's final rule amendments on small entities, small entity is
defined as: (1) A small business according to U.S. Small Business
Administration size standards for NAICS code 331111 having no more than
1,000 employees; (2) a small government jurisdiction that is a
government of a city, county, town, school district or special district
with a population of less than 50,000; and (3) a small organization
that is any not-for-profit enterprise which is independently owned and
operated and that is not dominant in its field.
After considering the economic impacts of today's final rule
amendments on small entities, EPA has concluded that this action will
not have a significant economic impact on a substantial number of small
entities. In determining whether a rule has a significant economic
impact on a substantial number of small entities, the impact of concern
is any significant adverse economic impact on small entities since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities'' (5 U.S.C. 603
and 604). Thus, an agency may conclude that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic impact on all of the small entities subject to the rule.
The final rule amendments provide a new compliance option for all
facilities (large or small) that is designed to increase flexibility.
We have, therefore, concluded that today's final rule amendments will
relieve regulatory burden for all small entities.
D. 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
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
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 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 an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the 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 the 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 the 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 the final rule amendments do not
contain a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments, in the
aggregate, or to the private sector in any 1 year. The maximum total
annualized costs of the final rule amendments for any year is estimated
at less than $97,000. Thus, today's final rule amendments are not
subject to sections 202 and 205 of the UMRA. The EPA has also
determined
[[Page 8530]]
that the final 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. Thus, today's final rule amendments are not
subject to the requirements of section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
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 final 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 final rule amendments will not supersede State
regulations that are more stringent. Thus, Executive Order 13132 does
not apply to the final rule amendments.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input in the development of regulatory policies on matters that have
tribal implications.''
The final rule amendments do not have tribal implications, as
specified in Executive Order 13175. 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.
No tribal governments own or operate an affected source. Thus,
Executive Order 13175 does not apply to the final rule amendments.
G. Executive Order 13045: Protection of Children From Environmental
Health & 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 EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the EPA 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.
The EPA interprets 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 regulation. The final rule amendments
are not subject to Executive Order 13045 because they are based on
control technology and not on health or safety risks. No children's
risk analysis was performed because the action only provides EAF owners
and operators with an alternative monitoring option. Furthermore, the
final rule amendments have been determined not to be ``economically
significant'' as defined under Executive Order 12866.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
The final rule amendments are not subject to Executive Order 13211
(66 FR 28355, May 22, 2001) because they are not a significant
regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. No. 104-113; 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., materials specifications, test methods, sampling procedures,
business practices) developed or adopted by one or more voluntary
consensus bodies. The NTTAA directs EPA to provide Congress, through
annual reports to the OMB, with explanations when the Agency decides
not to use available and applicable voluntary consensus standards. The
final rule amendments do not involve voluntary consensus standards.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement 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 has submitted a report containing the final rule
amendments 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 the publication of the final rule amendments in today's
Federal Register. The final rule amendments are not a ``major rule'' as
defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedures,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: February 14, 2005.
Stephen L. Johnson,
Acting Administrator.
0
For the reasons set out in the preamble, title 40, chapter I, part 60
of the Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Subpart AA--[Amended]
Authority: 42 U.S.C. 7401, et seq.
0
2. Section 60.271 is amended by adding new paragraph (o) 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.
0
3. Section 60.273 is amended by revising paragraph (c) and adding new
[[Page 8531]]
paragraphs (e), (f), and (g) 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 1 milligram per actual cubic meter (0.00044 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 (i)
through (v) of this paragraph (e)(4). 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 detection system;
(ii) Initial and periodic adjustment of the bag leak detection
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
paragraphs (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 detection 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 1 hour of an
alarm. Except as provided for in paragraph (g) of this section, 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.
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) In approving the site-specific monitoring plan required in
paragraph (e)(4) of this section, the Administrator or delegated
authority may allow owners or operators more than 3 hours to alleviate
specific conditions that cause an alarm if the owner or operator
identifies the condition that could lead to an alarm in the monitoring
plan,
[[Page 8532]]
adequately explains why it is not feasible to alleviate the condition
within 3 hours of the time the alarm occurred, and demonstrates that
the requested additional time will ensure alleviation of the condition
as expeditiously as practicable.
0
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 that the Administrator may require (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. * * *
* * * * *
0
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).
* * * * *
0
6. Section 60.276 is amended by adding new paragraph (e) 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 detection system
settings, and the final bag leak detection system settings; and
(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
1 hour 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.
Subpart AAa--[Amended]
0
7. Section 60.271a is amended by adding, in alphabetical order, a
definition for ``Bag leak detection system'' 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.
* * * * *
0
8. Section 60.273a is amended by revising paragraph (c) and adding new
paragraphs (e) and (f) 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 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 1 milligram per actual cubic meter (0.00044 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,
[[Page 8533]]
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 (i) through (v) of this
paragraph (e)(4). 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 detection system;
(ii) Initial and periodic adjustment of the bag leak detection
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
paragraphs (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 detection 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 1 hour of an
alarm. Except as provided for under paragraph (g) of this section, 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.
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) In approving the site-specific monitoring plan required in
paragraph (e)(4) of this section, the Administrator or delegated
authority may allow owners or operators more than 3 hours to alleviate
specific conditions that cause an alarm if the owner or operator
identifies the condition that could lead to an alarm in the monitoring
plan, adequately explains why it is not feasible to alleviate the
condition within 3 hours of the time the alarm occurred, and
demonstrates that the requested additional time will ensure alleviation
of the condition as expeditiously as practicable.
0
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 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 that the Administrator may require (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.
* * * * *
0
10. Section 60.276a is amended by adding new paragraph (h) 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
[[Page 8534]]
and time of the adjustment, the initial bag leak detection system
settings, and the final bag leak detection system settings; and
(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
1 hour 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.
* * * * *
[FR Doc. 05-3360 Filed 2-18-05; 8:45 am]
BILLING CODE 6560-50-P