
[Federal Register: December 1, 2008 (Volume 73, Number 231)]
[Proposed Rules]               
[Page 72756-72758]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de08-24]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2004-0083; FRL-8747-2]
RIN 2060-AM71

 
Amendments to National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Electric Arc Furnace Steelmaking 
Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend the national emission standards for 
electric arc furnace (EAF) steelmaking facilities that are area sources 
of hazardous air pollutants published on December 28, 2007. The 
amendments to the area source standards for EAF steelmaking facilities 
would clarify applicability of the opacity limit, make the performance 
test requirements for particulate matter consistent with requirements 
in the new source performance standards for EAF steelmaking facilities, 
allow title V test data to be used to demonstrate compliance, and 
revise the definition of ``scrap provider'' to include electric are 
furnace steelmaking facilities that own and operate a scrap shredder. 
In the ``Rules and Regulations'' section of this Federal Register, we 
are amending the area source standards for EAF steelmaking facilities 
as a direct final rule without a prior proposed rule. If we receive no 
adverse comment, we will not take further action on this proposed rule.

DATES: Written comments must be received by December 31, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0083, by mail to National Emission Standards for Hazardous Air 
Pollutants for Area Sources: Electric Arc Furnace Steelmaking 
Facilities Docket, Environmental Protection Agency, Mailcode: 6102T, 
1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a 
total of two copies. Comments may also be submitted electronically or 
through hand delivery/courier by following the detailed instructions in 
the ADDRESSES section of the direct final rule located in the rules 
section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Mr. Phil Mulrine, Sector Policies and 
Programs Division, Office of Air Quality Planning and Standards (D243-
02), Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711, telephone number: (919) 541-5289; fax number: (919) 
541-3207; e-mail address: mulrine.phil@epa.gov.

SUPPLEMENTARY INFORMATION: The information presented in this document 
is organized as follows:

I. Why is EPA issuing this proposed rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. 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 and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. Why is EPA issuing this proposed rule?

    This document proposes to take action on amendments to the national 
emission standards for EAF steelmaking area sources (40 CFR part 63, 
subpart YYYYY). We have published a direct final rule amending the area 
source standards for EAF steelmaking facilities in the ``Rules and 
Regulations'' section of this Federal Register because we view this as 
a noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the amendments in the direct final rule or certain amendments in the 
direct final rule and those amendments will not take effect. We would 
address all public comments in any subsequent final rule based on this 
proposed rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. Does this action apply to me?

    Categories and entities potentially regulated by the proposed rule 
include:

------------------------------------------------------------------------
                                                   Examples of regulated
            Category              NAICS code\1\          entities
------------------------------------------------------------------------
 Industry......................   331111........   Steel mills with
                                                   electric arc furnace
                                                   steelmaking
                                                   facilities that are
                                                   area sources.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
proposed action. To determine whether your facility would be regulated 
by this proposed action, you should examine the applicability criteria 
in 40 CFR 63.10680 of subpart YYYYY (National Emission Standards for 
Hazardous Air Pollutants for Area Sources: Electric Arc Furnace 
Steelmaking Facilities). If you have any questions regarding the 
applicability of this action to a particular entity, consult either the 
air permit authority for the entity or your EPA regional representative 
as listed in 40 CFR 63.13 of subpart A (General Provisions).

III. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this proposed action will also be available

[[Page 72757]]

on the Worldwide Web (WWW) through the Technology Transfer Network 
(TTN). Following signature, a copy of this proposed action will be 
posted on the TTN's policy and guidance page for newly proposed or 
promulgated rules at the following address: http://www.epa.gov/ttn/
oarpg/. The TTN provides information and technology exchange in various 
areas of air pollution control.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This proposed action is not a ``significant regulatory action'' 
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) 
and is therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
These final amendments clarify applicability of the opacity limit, make 
the performance test requirements for particulate matter consistent 
with requirements in the new source performance standards for electric 
arc furnace steelmaking facilities, allow title V test data to be used 
to demonstrate compliance, and revise the definition of ``scrap 
provider'' to include electric arc furnace steelmaking facilities that 
own and operate a scrap shredder. No new burden is associated with 
these requirements because the burden was included in the approved 
information request (ICR) for the existing rule. However, the Office of 
Management and Budget (OMB) has previously approved the information 
collection requirements contained in the existing regulations (40 CFR 
part 63 subpart YYYYY) under the provisions of the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-
0608. The OMB control numbers for EPA's regulations in 40 CFR are 
listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule will 
not have a significant economic impact on a substantial number of small 
entities. Small entities include small businesses, small organizations, 
and small governmental jurisdictions.
    For the purposes of assessing the impacts of this proposed rule on 
small entities, small entity is defined as: (1) A small business that 
meets the Small Business Administration size standards for small 
businesses at 13 CFR 121.201 (whose parent company has fewer than 1,000 
employees for NAICS code 331111); (2) a small governmental 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 is not dominant in its field.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this proposed action will not have a 
significant economic impact on a substantial number of small entities. 
We have determined that the nine small entities in this area source 
category will not incur any adverse impacts because this proposed 
action makes only technical corrections and clarifications that do not 
create any new requirements or burdens. No costs are associated with 
these proposed amendments to the NESHAP.
    We continue to be interested in the potential impacts of the 
proposed corrections and clarifications on small entities and welcome 
comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. The action imposes no enforceable duty on any State, local or 
tribal governments or the private sector. The term ``enforceable duty'' 
does not include duties and conditions in voluntary Federal contracts 
for goods and services.
    Therefore, this action is not subject to the requirements of 
sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. The technical 
corrections and clarifications made through this action contain no 
requirements that apply to such governments, impose no obligations upon 
them, and will not result in any expenditures by them or any 
disproportionate impacts on them.

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.''
    This proposed rule does not have federalism implications. It 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. This proposed rule makes certain 
technical corrections and clarifications to the NESHAP for EAF 
steelmaking area sources. These proposed corrections and clarifications 
do not impose requirements on State or local governments. Thus, 
Executive Order 13132 does not apply to this proposed rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This proposed action does not have tribal implications, as 
specified in Executive Order 13175 (65 FR 67249, November 9, 2000). 
This proposed rule makes certain technical corrections and 
clarifications to the NESHAP for EAF steelmaking area sources. These 
proposed corrections and clarifications do not impose requirements on 
tribal governments. They also have no 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. Thus, Executive Order 
13175 does not apply to this proposed action. EPA specifically solicits 
additional comment on this proposed action from tribal officials.

[[Page 72758]]

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    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 Order has the 
potential to influence the regulation. This proposed action is not 
subject to Executive Order 13045 because it makes technical corrections 
and clarifications to the area source NESHAP for EAF steelmaking 
facilities which is based solely on technology performance.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    The proposed action is not subject to Executive Order 13211 (66 FR 
28355, May 22, 2001) because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer Advancement Act 
of 1995 (NTTAA), Public Law No. 104-113, Sec.  12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. VCS are technical standards 
(e.g., materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by VCS bodies. The 
NTTAA directs EPA to provide Congress, through the Office of Management 
and Budget, explanations when EPA decides not to use available and 
applicable voluntary consensus standards.
    This proposed rule does not involve technical standards. Therefore, 
EPA is not considering the use of any VCS.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12848 (58 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The technical corrections and clarifications in this 
proposed rule do not change the level of control required by the 
NESHAP.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: November 24, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-28456 Filed 11-28-08; 8:45 am]

BILLING CODE 6560-50-P
