From: 
Jones, DonnaLee <Jones.Donnalee@epa.gov>
Sent:
Thursday, May 13, 2021 5:51 PM
To: 
Paul Balserak <pbalserak@steel.org>
Subject: 
RE: EAF NSPS



Hi Paul  -  Although I always enjoy talking directly to the facility representatives, the SMA asked me the same thing and I told them no because I have provided all I can already to you and SMA so I didn't want to disappoint anyone who might be thinking that something new might be discussed beyond my summary. I think you were on the call with SMA and their attorneys when we last talked.

Here is what I can say about the rule:

Summary of NSPS work for the EAF NSPS technology review.

Required by CAA section 111(b)(1)(B) which  requires the EPA to review and revise, if appropriate, the NSPS every eight years.

AA/AAa: Looking at changes to current rule to reflect suggestions for improvements/clarifications made by facilities and also (so far) Region V enforcement, the EPA test method specialist for the project, the project attorney, OECA member for the project, and myself.

Potential new rule: Looking at PM and opacity test data acquired in 2010/2011 as part of the ICR for Hg (reports from 31 facilities dating over 2005-2011) to see if a new rule would be warranted. The new rule would affect facilities built after 11/1/21, the consent decree date for the EAF NSPS proposal. The test reports are in the EAF docket and a list of the facilities and dates of the reports has been provided in the docket, as well. I've attached the list here. The reports are in Docket ID No. EPA-HQ-OAR-2002-0049, in Federal eRulemaking Portal https://www.regulations.gov.

Whereas we develop MACT floors for NESHAP limits, for NSPS we follow CAA section 111(a)(1), which says that performance standards are to "reflect the degree of emission limitation achievable through the application of the best system of emission reduction which (taking into account the cost of achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated." We refer to this level of control as the best system of emission reduction (BSER).

That's pretty much all I can say. If you like, you can send me their questions if you accumulate them for me, and I will answer them if I can and send back in time for your meeting. I will also thank them for their comments. 
 
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.


<< List of EAF facilities with data-NSPS.pdf >>



From: Paul Balserak <pbalserak@steel.org> 
Sent: Thursday, May 13, 2021 4:37 PM
To: Jones, DonnaLee <Jones.Donnalee@epa.gov>
Subject: EAF NSPS

Dear Dr. Jones,
 
I wanted to ask if you would speak to my Environment Committee, virtually, regarding the EAF NSPS rule.  This would be a 30 min time slot on Wednesday, June 2.  You could have any (1/2) hour slot between 1:00pm and 3:30pm.  You could just give a high level overview of the rulemaking for approximately 20 mins and then allow a brief time for questions.  My Environment Committee is made up of approximately 25 or 30 environmental managers at both EAF and integrated plants.  These are the people who helped to craft the draft edits to the reg text provided to you in November and January.  There would not be any detailed questions about where the agency will come out exactly on a particular issue, so this is in no way setting you up for a hard discussion.  They would simply appreciate an opportunity to hear from you on the rule.
 
I am happy to answer any questions.  Please let me know if you are willing and able to speak.
 
Thank you,
Paul
 
Paul Balserak
Vice President, Environment
 
American Iron and Steel Institute    
25 Massachusetts Ave.  NW, Suite 800
Washington, DC  20001
202 452-7122 (office)
703 969-1789 (mobile)


