From: 
Green, Joseph J. <JGreen@KelleyDrye.com>
Sent:
Thursday, November 10, 2022 2:04 PM
To: 
Jones, DonnaLee <Jones.Donnalee@epa.gov>
Cc:
D'Angelo, Wayne J. <WDAngelo@KelleyDrye.com>
Subject: 
RE: comments on Proposed NSPS for Electric Arc Furnace Steel Plants


Hi again Dr. Jones  -  I neglected to mention that the current facility (JSW USA) does not charge hot metal from a blast furnace into the EAF as described in the comments as the blast furnace was demolished a few years ago.  Another company asked us to include the comment because they have (or in the future may have) operations that engage in hot metal charging.  
 
Regards
Joe
 
JOSEPH GREEN

Kelley Drye & Warren LLP
Tel: (202) 342-8849
Cell: (703) 795-0171

From: Green, Joseph J. 
Sent: Thursday, November 10, 2022 1:50 PM
To: 'Jones, DonnaLee' <Jones.Donnalee@epa.gov>
Cc: D'Angelo, Wayne J. <WDAngelo@KelleyDrye.com>
Subject: RE: comments on Proposed NSPS for Electric Arc Furnace Steel Plants
 
Hi Dr. Jones  -  
 
Attached is the complaint referenced in our comments concerning the "hot metal charge" issue.  Pages 73-74 of the attached complaint have the opacity data.  The mill is in Mingo Junction, OH (right across the river from West Virginia) and currently is owned and operated by JSW Steel USA.
 
Regarding a definition for high alloy/stainless facilities, I can get you one in short order.  We may want to use the following definition for "specialty steel" (which captures stainless and high alloy steel) from the Clean Water Act steel ELGs.  40 CFR 420.71(i) provides:  "The term specialty steel means those steel products containing alloying elements which are added to enhance the properties of the steel product when individual alloying elements (e.g., aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, vanadium, zirconium) exceed 3% or the total of all alloying elements exceed 5%."
 
Let me vet that definition with the industry and make sure it still works but I think it should.
 
Regards
Joe
 
 
JOSEPH GREEN

Kelley Drye & Warren LLP
Tel: (202) 342-8849
Cell: (703) 795-0171

<< Wheeling Pitt Complaint.pdf >>

 
From: Jones, DonnaLee <Jones.Donnalee@epa.gov> 
Sent: Thursday, November 10, 2022 12:21 PM
To: Green, Joseph J. <JGreen@KelleyDrye.com>
Cc: D'Angelo, Wayne J. <WDAngelo@KelleyDrye.com>
Subject: RE: comments on Proposed NSPS for Electric Arc Furnace Steel Plants
 
Hi Joe - Another question (#2) I want to add to today's agenda along with follow-up on my question (#1), below: 
 
                  #1: which WV facility was being discussed in the submitted comments on Complaint, Appendix F, United States and State of West Virginia v. RG Steel Wheeling, LLC, Civil Action No. 5:12-cv-19 (N.D.W.Va) (Feb. 6, 2012): "We are aware of one EAF steel facility operating in the United States that charges "Hot Metal" (i.e., molten iron from a blast furnace). EPA has shop opacity data from this unique facility that includes 77 non-zero six-minute average opacity readings from 2005-2008. See Complaint, Appendix F, United States and State of West Virginia v. RG Steel Wheeling, LLC, Civil Action No. 5:12-cv-19 (N.D.W.Va) (Feb. 6, 2012). " 
 
Question #2: Following up an industry comment on needing a subcategory for lb/ton PM limits because high alloy and stainless steel EAF facilities have higher PM emissions, what would be a good definition of a high alloy and stainless facility to distinguish these facilities from carbon steel facilities? The definition would need to be quantitative, e.g.,  >85% of the product in previous year, rolling 12-month average, etc. The problem with facilities that produce all types of steel, i.e., carbon, high alloy, and stainless, is that they would not want the uncertainty of which rule they would need to comply with if they had to wait until the end of a year or some other period. I may not be explaining this well, but hopefully you can see the problem with the specificity required in rule language. 
 
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
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