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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
WV ID: [WV065-6034a; FRL-7653-8]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Direct final rule.
SUBJECT CATEGORY: Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Sulfur Dioxide Attainment Demonstration for the City of Weirton Including the Clay and Butler Magisterial Districts in Hancock County
DATES: This rule is effective on July 6, 2004, without further notice, unless EPA receives adverse written comment by June 4, 2004. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
DOCUMENT SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of West Virginia. This revision contains
enforceable emission limitations for the Weirton Steel Corporation, and
the WheelingPittsburgh Steel Corporation in Hancock County, West
Virginia. The revision provides for, and demonstrates, the attainment
of the national ambient air quality standards (NAAQS) for sulfur
oxides, measured as sulfur dioxide (SO
SUMMARY: West Virginia,
SUPPLEMENTAL INFORMATION
I. Background Following the Clean Air Act Amendments (CAA) of 1977, EPA published
a list of areas identified by the States as nonattainment, attainment,
or unclassifiable for SO
As described above, EPA is authorized to initiate the redesignation
of additional areas or portions of areas as nonattainment for
SO
Additional air quality monitors were added to the area surrounding
Weirton Steel based on ``hot spot'' modeling locations identified by EPA. Modeling
[[Page 24987]]
results indicated major contributors of SO
II. Summary of SIP Revision
On December 29, 2003, West Virginia submitted a formal SIP revision
for the City of Weirton, including the Clay and Butler Magisterial
Districts nonattainment area in Hancock County, West Virginia. The SIP
revision consists of an enforceable operating permit for the Wheeling
Pittsburgh Steel Corporation, and an individual CO entered into by and
between the State of West Virginia and the Weirton Steel Corporation in
Hancock County, West Virginia, establishing SO
Table 1 summarizes the requirements imposed upon the Weirton Steel Corporation facility to reduce SO
Table 1.Weirton Steel Corporation, Weirton Facility SO2 Reduction Measures
SO2 emissions unit SO2 emission limit
Sinter Plant....................... Shall not be operated by the Company.
High Pressure Boilers 1 and 2...... Shall not be operated by the Company.
Low Pressure Boilers LP1, LP2, LP3, Shall not be operated by the LP4, and LP15. Company.
Coal............................... Shall not be fired at any boiler
operated by the Company.
SO2 emissions from High Pressure Shall be limited by restricting the
Boilers 3, 4 and 5. firing of fuel oil to a rate
dependent upon the sulfur content
of the fuel oil fired as described
in Appendix A to the Consent
Order. The allowable fuel oil
firing rate shall be the 3hour
block average derived from
Appendix A expressed in total
gallons of fuel oil fired at High
Pressure Boilers 3, 4, and 5 over a 3hour period.
The percentage of sulfur contained Shall not exceed three percent. in the fuel oil purchased to be
fired at the company's high
pressure boilers.
Total fuel oil and sulfur content Shall be limited to the product of
fired at boilers 3, 4 and 5. gallons per minute (gpm) x
(percent Sulfur) being less than
or equal to the emission factor of
91.7 as per the curve in Appendix
A of the Consent Order.
The BOP Waste Heat Boiler.......... Shall be preheated using steam
sparging. Fuel fired at the Waste
Heat Boiler shall be limited to
Natural Gas, Mixed Gas, or steel making process gas.
Foster Wheeler Boilers
Blast Furnaces designated < greek Shall not recommence operation. i>2 and
Blast Furnace
Blast Furnace
Blast Furnace
Blast Furnace
Slag Granulator.................... Shall be limited to 50 lbs per hour of SO2.
With regard to the WheelingPittsburgh Steel Corporation's revised permit, as specified in Section B, Other Requirements, the permittee shall comply with all the applicable provisions of West Virginia regulations 45CSR4, 45CSR6, 45CSR10, 45CSR13, 45CSR14, and 45CSR30, provided that the permittee shall comply with any more stringent requirements as may be set forth under Section A, Specific Requirements, of the permit.
The specific requirements of Section A of the operating permit issued by the WVDEP to WheelingPittsburgh Steel Corporation (the permittee), are as follows:
A. Specific Requirements
1. Maximum emissions to the atmosphere from the Excess Coke Oven
Gas (COG) Flare (Emission Point 1EF) shall not exceed the limits listed in Table 2:
Table 2
Maximum hourly
emissions Annual
Hourly emissions (lbs./hr) during the emissions
desulfurization (tpy) outage
39.8................................... *396 294.0
* Annual emissions account for the desulfurization unit being down 672
hours per year for scheduled maintenance and maximum hydrogen sulfide concentration of 479 grains per 100 cu. ft. of COG.
2. In order to maintain compliance with the annual emission limit,
the daily flow rate of COG to the excess COG flare (emission point 1EF) shall not exceed 7.1 MM standard cubic feet per
[[Page 24988]]
day over a thirtyday rolling average. The permittee shall keep daily
records of the flow rate of COG to the flare and correct the measured
flow rate to a standard temperature of 68[deg]F. Compliance shall be determined using a thirtyday rolling average.
3. Maximum SO
Table 3
Boiler Boiler
Annual SO2 Rate* (TPY)........................ 150.7 150.7
*Annual Emission accounts for the desulfurization unit being down 672
hours per year for scheduled maintenance and maximum hydrogen sulfide concentration of 479 grains per 100 cu. ft. of COG.
4. Boilers
5. In order to maintain compliance with the SO
6. In order to maintain compliance with the SO
7. The permittee shall be limited to a maximum of twentyeight (28)
days in any calendar year for planned maintenance outages of the
desulfurization unit in the cokebyproducts recovery plant. No single
outage period shall extend beyond 336 hours. The start of a planned
maintenance shall begin at the time of the first hour of a threehour
average concentration that is greater than 50 grains of H
8. The permittee shall notify the Director in writing thirty (30) days prior to undertaking any planned maintenance outage of the desulfurization unit, which shall include a detailed explanation of each and every maintenance and/or repair activity intended to be undertaken.
9. The permittee shall select the period for the planned
maintenance outage that would prevent, to the greatest extent
practicable, any violation of the NAAQS for SO
SO
10. Prior to any planned maintenance outage of the desulfurization
unit, the permittee shall prepare and submit an SO
11. No later than thirty (30) days after completing a planned
maintenance outage of the desulfurization unit, the permittee shall
submit a report identifying the SO
12. Visible emissions from the excess COG flare shall not exceed twenty percent opacity except upon the first eight (8) minutes of starting the thermal oxidizer. After this point, visible emissions from this emission point shall not exceed forty percent opacity for this time period. The permittee shall demonstrate compliance with this condition by taking visual observations using EPA Method 22 once a month. If the permittee observes visible emissions from the flare using Method 22, the permittee shall conduct an additional observation within 24 hours using EPA Method 9 to determine the opacity of the visible emissions being emitted from the flare.
13. The Sinter Plant shall not be operated by the permittee unless the proper permit is obtained from the Director prior to restarting the Sinter Plant.
14. The permittee shall operate and maintain a continuous hydrogen sulfide monitor and recorder for the purpose of monitoring the hydrogen sulfide concentration of the sweetened COG before it is routed to any combustion unit or source utilizing COG. This monitor shall be installed and maintained in accordance with Performance Specification 7 of Appendix B of 40 CFR 60.
15. The permittee shall maintain in accordance with the
manufacturer's instructions, flowmeasuring devices for the purpose of
measuring and recording the amount of COG consumed by the excess COG
flare and Boilers
16. The permittee shall maintain the automatic reignition system in accordance with the manufacturer's specifications.
17. The permittee shall not vent any noncombusted COG into the open atmosphere through the excess COG flare. The permittee shall record the date and time of an event when the flare was not in operation and COG was being emitted to the atmosphere through the excess COG flare. The permittee shall submit a report explaining the event and measures taken to prevent a recurrence of the event. These records shall be maintained on site for a period of at least five years.
18. No later than ninety (90) days after issuance of the permit, the permittee shall continuously maintain a system around the facility to prevent public access to the facility.
19. Compliance with the allowable emission limits of this permit shall be calculated using the appropriate amount of COG combustion by the excess COG flare on a volumetric basis, higher heat value of 568 Btu/cu. ft. for COG, and the following factors: Carbon Monoxide (0.37 lb/MM Btu), Nitrogen oxides (0.068 lb/MM Btu), Particulate Matter (0.012 lb/MM Btu), Particulate Matter 10 microns (0.012 lb/MM Btu), Volatile Organic Compounds (0.14 lb/MM Btu). The permittee shall determine the amount of each pollutant emitted on a monthly basis using the above mentioned information and appropriate engineering calculations. The permittee shall keep a 12month rolling total for each of the above mentioned pollutants.
[[Page 24989]]
20. In the event of unforeseen circumstances beyond the control of
the permittee during an approved planned maintenance outage, the
permittee may exceed the SO
21. Boiler
22. The permittee shall fire only natural gas at coke plant boiler
23. Sulfur dioxide emissions from pushing Coke Oven Batteries
24. Sulfur dioxide emissions from pushing at Coke Oven Battery
25. Compliance with the allowable emission limits established in
provisions
III. Evaluation of the State Submittal
The CAA requires States to submit implementation plans that
indicate how each State intends to attain and maintain the NAAQS. The
1977 Amendments established specific requirements for implementation
plans in nonattainment areas in part D, sections 171178. The 1990
Amendments did not change these requirements in any significant way
with regard to SO
1. Reasonably Available Control Technology (RACT)
West Virginia's SIP revision provides for reasonable available
control technology (RACT). The definition for RACT for SO
2. Reasonable Further Progress (RFP)
West Virginia's SIP revision provides for reasonable further
progress (RFP). Sulfur dioxide emission reductions that provide for
attainment in an area are achieved at a limited, readilydefined number
of sources, using control measures that immediately improve air
quality. Therefore, RFP for SO
3. Emissions Inventory
West Virginia's SIP revision provides an adequate emissions
inventory from Weirton Steel Corporation and WheelingPittsburgh Steel
Corporation, as well as from all relevant sources of SO
4. Identification and Quantification
This information is unnecessary because the area has not been identified as a zone for which economic development should be targeted. 5. Permits for New and Modified Major Stationary Sources
The Federal requirements for new source review (NSR) in nonattainment areas are contained in section 172(c)(5). Any new or modified source constructed in the area must comply with a state submitted and federally approved New Source Review Program (NSR). No modifications or installations have been made that detrimentally affect the modeling results. Presently, any major sources wishing to construct or make a major modification within the nonattainment area are required to obtain an NSR permit through SIPapproved State Regulation 45CSR19. Subsequent to redesignation of the area to attainment, any source wishing to construct or modify will be required to obtain a Prevention of Significant Deterioration (PSD) permit through SIPapproved State Regulation 45CSR14. The PSD program would require that a modeling demonstration be performed to ensure continued NAAQS attainment and maintenance. These along with requirements of the minor source permit program covered under State Regulation 45CSR13 would assure the maintenance of the NAAQS.
6. Other Measures
The plan provides for immediate attainment of the NAAQS for
SO
7. Compliance With Section110(a)(2)
This submission complies with section 110(a)(2). All of the applicable provisions of section 110(a)(2) are
[[Page 24990]]
already met by West Virginia's Federallyapproved SIP.
8. Equivalent Techniques
The modeling for this SIP submittal was conducted using EPA's ``Guideline on Air Quality Models (Revised)'' (GAQM). Two models, AERMOD and CALPUFF are designed to handle complex terrain features. AERMOD was selected as the best performing model for this situation and was chosen as the appropriate model for this SIP demonstration. 9. Contingency Measures
West Virginia's SIP revision provides for adequate contingency
measures. The State's plan includes the continuous review of air
quality monitoring data in the area of concern, the review of local
monitored meteorological data, and the assessment of compliance of
local targeted facilities to verify continued attainment of the area.
The State will review the annual emissions inventory for the Weirton
area at a minimum of once every three years. In the event of a
certified violation, West Virginia intends to assess all source
compliance with existing rules, regulations and permits, and assess
fuel switching at fuel burning units. The supporting documentation
(ambient air quality data) indicates that the Weirton, West Virginia
area has shown attainment of the NAAQS for SO
B. The Attainment Demonstration
The SIP revision includes a dispersion modeling analysis which was
performed to demonstrate compliance with the NAAQS for SO
The modeling inventory included all sources within the Weirton nonattainment area, and all sources within 100 kilometers of the area with a significant impact within the area. A significant impact was defined by the Federal significance criteria of 1 microgram per cubic meter ([mu]g/m3) annually, 5 [mu]g/m3 on a 24 hour average, and 25 [mu]g/m3 on a 3hour average. For Weirton Steel, four operating scenarios were evaluated to provide for flexibility with regard to fuel switching capabilities, fuel consumption rates and sulfur content. The four modeling scenarios are:
a. Firing fuel oil containing 1.29% sulfur at HP Boilers 3, 4, and 5 with Foster Wheeler Boilers 101 & 102 firing Blast Furnace Gas.
b. Firing fuel oil containing 1.29% sulfur at HP Boilers 3, 4, and 5 with Foster Wheeler Boilers 101 & 102 offline and flaring excess Blast Furnace Gas.
c. Firing fuel oil containing 1.81% sulfur at HP Boilers 3 and 5 with Foster Wheeler Boilers 101 & 102 firing Blast Furnace Gas.
d. Firing fuel oil containing 1.81% sulfur at HP Boilers 3 and 5 with Foster Wheeler Boilers 101 & 102 offline and flaring excess Blast Furnace Gas.
The final dispersion modeling, based upon the SO
The modeled impacts with the maximum Weirton Steel scenarios, including background concentrations, are provided in Table 4. Table 4.Predicted Maximum Sulfur Dioxide Impacts [Micrograms per cubic meter] NAAQS Period Armed Background Total NAAQS (percent) 3Hour......................................... 1216.01 81.22 1297.23 1300 99.79 24Hour........................................ 329.02 31.44 360.46 365 98.76 Annual......................................... 65.58 5.24 70.82 80 88.53
Federal regulations, 40 CFR 51.112, require nonattainment plans to include a demonstration of the adequacy of the plan's control strategy. This demonstration must include the following information: model selection and descriptions; model application and assumptions made during application of selected models; receptor grids; meteorological data; ambient air monitoring data and background concentration, model source input, and modeling results. This information is described in detail in the Technical Support Document (TSD) prepared for this rulemaking.
The SO
[[Page 24991]]
accordance with 40 CFR part 58, and recorded into EPA new ambient air
quality data system known as the Air Quality Subsystem (AQS), indicates
that there have been no monitored NAAQS violations recorded for a
period of time nearing 10 years. These sites have monitored no 24hour
average values above 365 [mu]g/m3, no annual average values
above 80 [mu]g/m3, and no monitored 3hour average values
above 1300 [mu]g/m3. Reductions in SO
EPA's review of the entire submittal indicates that West Virginia's SIP revision provides for the attainment of the NAAQS for
SO
IV. Final Action
EPA is approving the SO
V. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves preexisting requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 1044). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, 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, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does 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 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve State choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness 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. EPA will submit a report containing this rule 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 publication of the rule in the Federal Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 6, 2004.
Filing a petition for reconsideration by the Administrator of this
final rule, approving the SO
[[Page 24992]]
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: April 20, 2004.
James W. Newsom,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XXWest Virginia
2. Section 52.2520 is amended by adding paragraph (c)(59) to read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
(59) Revisions to the West Virginia Regulations to attain and
maintain the National Ambient Air Quality Standards (NAAQS) for sulfur
dioxide in the City of Weirton, including Clay and Butler Magisterial
Districts, in Hancock County, West Virginia, submitted on December 29,
2003, by the West Virginia Department of Environmental Protection: (i) Incorporation by reference.
(A) Letter of December 29, 2003, from the West Virginia Department
of Environmental Protection, transmitting a revision to the State
Implementation Plan (SIP) for attainment and maintenance of the sulfur
dioxide NAAQS for the City of Weirton, including the Clay and Butler Magisterial Districts in Hancock County, West Virginia.
(B) The following Companies' Consent Order and Operating Permit:
(1) WheelingPittsburgh Steel Corporation, Operating Permit R13 1939A, effective August 19, 2003.
(2) Weirton Steel Corporation Consent Order, COSIPC200328, effective August 4, 2003.
(ii) Additional Material.
(A) Remainder of the State submittal pertaining to the revision listed in paragraph (c)(59)(i) of this section.
(B) Letter of February 10, 2004, from the West Virginia Department
of Environmental Protection providing clarification to permit R13
1939A, condition B.4. issued to the WheelingPittsburgh Steel Corporation.
3. Section 52.2525 is amended by adding paragraph (b) to read as follows:
Sec. 52.2525 Control strategy: Sulfur oxides.
* * * * *
(b) EPA approves the attainment demonstration State Implementation
Plan for the City of Weirton, including the Clay and Butler Magisterial
Districts area in Hancock County, West Virginia, submitted by the West
Virginia Department of Environmental Protection on December 29, 2003. [FR Doc. 0410095 Filed 5404; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Denis Lohman, at (215) 814-2192, or
Ellen Wentworth, at (215) 8142034, or by email at
lohman.denny@epa.gov or wentworth.ellen@epa.gov.
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