From: 
D'Angelo, Wayne J. <WDAngelo@KelleyDrye.com>
Sent:
Tuesday, February 23, 2021 9:11 AM
To: 
Jones, DonnaLee <jones.donnalee@epa.gov>
Cc:
Stuart, Eric <stuart@steelnet.org>; Balserak, Paul <pbalserak@steel.org>; Green, Joseph J. <JGreen@KelleyDrye.com>; Raymond, Gabrielle <graymond@rti.org>
Subject: 
RE: Another question re: NSPS for EAF


Dr. Jones, as a quick follow up to this email, I can now confirm that the Optimus steel facility in Beaumont, TX is not subject to the NSPS.  We are also still working to provide you feedback on the spreadsheet of EAFs subject to the NSPS.  We hope to have that to you shortly.
Best,
Wayne


WAYNE D'ANGELO

Kelley Drye & Warren LLP
Tel: (202) 342-8525
Cell: (202) 329-3977


From: D'Angelo, Wayne J. <WDAngelo@KelleyDrye.com> 
Sent: Friday, February 12, 2021 10:50 AM
To: 'Jones, DonnaLee' <Jones.Donnalee@epa.gov>
Cc: Stuart, Eric <stuart@steelnet.org>; Balserak, Paul <pbalserak@steel.org>; Green, Joseph J. <JGreen@KelleyDrye.com>; GABRIELLE RAYMOND <graymond@rti.org>
Subject: RE: Another question re: NSPS for EAF

Dr. Jones,   Attached please find the steel associations' answers to your questions on our proposed edits to the EAF NSPS.   I apologize again that it has taken so long to get these to you.    I'm hopeful we are now in a position to respond more quickly and am looking forward a continued dialogue.   As such, please let me know if you have questions about our responses.    

To your questions below, please note that we believe there are two EAFs that remain subject to Subpart AA:
1.           Timken, Harrison, OH (confirmed through OH Title V permit database)
2.           Gerdau, Jackson Michigan (presently idled)

The EAFs at the Gerdau mills in Jackson, Tennessee; St. Paul, Minnesota; and Wilton, Iowa are all now subject to Subpart AAa. 
You are correct that the EAF at Alton Steel is not subject to the NSPS.   I will need to get back to you regarding the EAF at the Beaumont, Texas mill.  That mill is identified below as owned by Gerdau in your table below.  It has since been acquired by Opimus Steel.  I've reached out to the company to see if they have become subject to Subpart AAa and will get back to you.   I will also need to get back to your more recent email asking the steel associations to review and suggest revisions to the spreadsheet of domestic EAFs subject to the NSPS.   The steel associations are reviewing the lists and reaching out to member companies.   I will compile those answers/insights and get them to you as quickly as possible.   

Thanks again for your patience.  Once you have reviewed our edits, I would like to schedule a zoom conference with you and the representatives of the steel associations to discuss our proposed edits, any other input EPA has received on the Subpart AAa review, and to better understand the Agency's overall process/information needs.   Please let me know if you are amenable to such a meeting.

Thanks again and be well,
Wayne

WAYNE D'ANGELO

Kelley Drye & Warren LLP
Tel: (202) 342-8525
Cell: (202) 329-3977

From: Jones, DonnaLee <Jones.Donnalee@epa.gov> 
Sent: Wednesday, December 23, 2020 6:48 PM
To: D'Angelo, Wayne J. <WDAngelo@KelleyDrye.com>
Cc: Stuart, Eric <stuart@steelnet.org>; Balserak, Paul <pbalserak@steel.org>; Green, Joseph J. <JGreen@KelleyDrye.com>; GABRIELLE RAYMOND <graymond@rti.org>
Subject: RE: Another question re: NSPS for EAF

Wayne, et al  -  Another question or two. Do your edits also apply to subpart AA, if similar language is there? It would be easier for me to not include AA but I can do it if you think some facility would benefit. 

Also, do you know approximately how many facilities comply with subpart AA (built before 8.17.1983 but after 10.21.1974)? From my records, which I have thanks to the EPA ICR and SMA facility list updates (the latest of which was in 2018), I know of three facilities subject to AA, listed below . 

                                   Facility
Subject to NSPS?
                                  Which NSPS?
                                    Status
Ger-Jackson-TN
                                      Yes
                                  Subpart AA
                                     Open
Ger-StPaul-MN
                                      Yes
                                  Subpart AA
                                     Open
Tim-Harrison-OH
                               Yes (1 of 2 EAF)
                                  Subpart AA 
                                     Open
Alton-Alton-IL
                                      No
                                      NA
Open
Ger-Wilton-IA
                                      No
                                      NA
Open
Ger-Beaumont-TX
                                      No
                                      NA
Closed
. 


Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:  (919)  541-5251  Fax  (919)  541-3207
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.

From: D'Angelo, Wayne J. <WDAngelo@KelleyDrye.com> 
Sent: Friday, December 18, 2020 5:54 PM
To: Jones, DonnaLee <Jones.Donnalee@epa.gov>
Cc: Stuart, Eric <stuart@steelnet.org>; Balserak, Paul <pbalserak@steel.org>; Green, Joseph J. <JGreen@KelleyDrye.com>
Subject: RE: Steel Industry's Proposed Redlines to Subpart AAa NSPS for EAF and AOD

Thank you, Dr. Jones.  Our proposed edit were based on input from a number of companies and so it will take a bit of time to compile responses to you questions.  We'll get to work on those answers and expect to be able to be able to provide answers next month.  Thanks very much for your thoughtful review.  We look forward to discussing these proposed changes with you.   Happy holidays and best wishes for 2021!
Best,
Wayne


WAYNE D'ANGELO

Kelley Drye & Warren LLP
Tel: (202) 342-8525
Cell: (202) 329-3977

From: Jones, DonnaLee <Jones.Donnalee@epa.gov> 
Sent: Friday, December 18, 2020 5:14 PM
To: D'Angelo, Wayne J. <WDAngelo@KelleyDrye.com>
Cc: Stuart, Eric <stuart@steelnet.org>; Balserak, Paul <pbalserak@steel.org>; Green, Joseph J. <JGreen@KelleyDrye.com>
Subject: RE: Steel Industry's Proposed Redlines to Subpart AAa NSPS for EAF and AOD

Hi Wayne, et al. Thanks again for the mark-up of AAa. The EAF rule team found many of the edits useful/good edits. Others we might not be able to or want to make, which we can discuss at a later time. There are some edits for which we wanted more information as to why industry thought the changes were warranted and/or industry background experience with enforcement. In some cases, we have provided potential alternative text. All these changes are in the attached documents.

Let  me know if you have any questions. We can discuss after the new year. Happy holidays to everyone!

From: D'Angelo, Wayne J. <WDAngelo@KelleyDrye.com> 
Sent: Tuesday, November 24, 2020 10:47 AM
To: Jones, DonnaLee <Jones.Donnalee@epa.gov>
Cc: Stuart, Eric <stuart@steelnet.org>; Balserak, Paul <pbalserak@steel.org>; Green, Joseph J. <JGreen@KelleyDrye.com>
Subject: Steel Industry's Proposed Redlines to Subpart AAa NSPS for EAF and AOD


Dear Dr. Jones,    I hope you are doing well.  On behalf of the Steel Manufacturers Association (SMA), American Iron & Steel Institute (AISI), and Specialty Steel Industry of North America (SSINA), I am attaching the steel industry's proposed redline edits to the Subpart AAa NSPS for Electric Arc Furnaces (EAFs) and Argon-Oxygen Decarburization vessels (AOD).   We recognize that it has taken us a long time to get these to you, but the time was not wasted; We were able to compile and coordinate feedback and recommendations from all three steel associations and each of their participating member companies.  And as a result of that collaborative process, I believe we were able to develop recommendations that can help EPA clarify and improve the structure of the NSPS.  
 
We appreciate you allowing us to provide these proposed edits and recommendations, and we look forward to discussing them with you at your convenience.  To that end, I plan to reach out to you again in early December to schedule a follow-up discussion with representatives of the three steel associations (copied here).   In the meantime, please let me know if you have any questions or issues you would like to discuss.  Until then, I hope you and yours have a very happy Thanksgiving.
 
Best wishes,
Wayne
 
WAYNE D'ANGELO
Partner
Kelley Drye & Warren LLP
Washington Harbour
3050 K Street NW, Suite 400
Washington, DC 20007
Tel: (202) 342-8525
Cell: (202) 329-3977

WWW.KELLEYDRYE.COM

wdangelo@kelleydrye.com


