[Federal Register Volume 69, Number 197 (Wednesday, October 13, 2004)]
[Rules and Regulations]
[Pages 60813-60820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22871]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OGC-2004-0004; FRL-7826-2]


National Emission Standards for Hazardous Air Pollutants for Coke 
Ovens: Pushing, Quenching, and Battery Stacks

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; amendments.

-----------------------------------------------------------------------

SUMMARY: On April 14, 2003, pursuant to section 112 of the Clean Air 
Act (CAA), the EPA issued national emission standards to control 
hazardous air pollutants emitted from pushing, quenching, and battery 
stacks at new and existing coke oven batteries. This action amends the 
parametric operating limits and associated compliance provisions for 
capture systems used to control emissions from pushing. This action 
also amends the requirements for mobile scrubber cars that capture 
emissions which occur during pushing and travel.

DATES: The direct final rule amendments will be effective on January 
11, 2005, unless we receive significant adverse comments by November 
12, 2004, or by November 29, 2004 if a public hearing is requested. If 
such comments are received, we will publish a timely withdrawal in the 
Federal Register indicating which provisions will become effective and 
which provisions are being withdrawn due to adverse comment. Any 
distinct amendment, paragraph, or section of the final amendments for 
which we do not receive adverse comment will become effective on 
January 11, 2005.

ADDRESSES: Submit your comments, identified by Docket ID No. OGC-2004-
0004, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> Agency Website: http://www.epa.gov/edocket. EDOCKET, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#87e6aae6e9e3aaf5aae3e8e4ece2f3c7e2f7e6a9e0e8f1"><span class="__cf_email__" data-cfemail="9afbb7fbf4feb7e8b7fef5f9f1ffeedaffeafbb4fdf5ec">[email protected]</span></a>.
    <bullet> Fax: (202) 566-1741.
    <bullet> Mail: Proposed Settlement Agreement in AISI/ACCCI Coke 
Oven Environmental Task Force v. U.S. EPA, No. 03-1167 (DC Cir.) 
Docket, Environmental Protection Agency, Mailcode: 6102T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of 
two copies.
    <bullet> Hand Delivery: Environmental Protection Agency, 1301 
Constitution Avenue, NW., Room B102, Washington, DC. 20460. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. OGC-2004-0004. 
The EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov websites are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through EDOCKET or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other information, 
such as copyrighted materials, is not placed on the Internet and will 
be publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy form at the docket entitled ``Proposed Settlement Agreement in 
AISI/ACCCI Coke Oven Environmental Task Force v. U.S. EPA, No. 03-1167 
(DC Cir.),'' Docket ID No. OGC-2004-0004, EPA/DC, EPA West, Room B102, 
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the Air Docket is (202) 
566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Lula Melton, Emission Standards 
Division, Office of Air Quality Planning and Standards (C439-02), 
Environmental Protection Agency, Research Triangle Park, NC 27711, 
telephone number (919) 541-2910, fax number (919) 541-3207, e-mail 
address: <a href="/cdn-cgi/l/email-protection#d2bfb7bea6bdbcfcbea7beb392b7a2b3fcb5bda4"><span class="__cf_email__" data-cfemail="076a626b736869296b726b664762776629606871">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    Categories and entities potentially regulated by this action 
include:

------------------------------------------------------------------------
                                                   Examples of regulated
           Category               NAICS code \1\          entities
------------------------------------------------------------------------
Industry......................  331111, 324199...  Coke plants and
                                                    integrated iron and
                                                    steel mills.
Federal government............  .................  Not affected.

[[Page 60814]]

 
State/local/tribal government.  .................  Not affected.
------------------------------------------------------------------------
\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 regulated by this 
action. To determine whether your facility would be regulated by this 
action, you should examine the applicability criteria in Sec.  63.7281 
of the national emission standards for hazardous air pollutants 
(NESHAP) for coke ovens: Pushing, quenching, and battery stacks. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

B. What Should I Consider as I Prepare My Comments for EPA?

    Do not submit information containing CBI to EPA through EDOCKET, 
regulations.gov or e-mail. Send or deliver information identified as 
CBI only to the following address: Roberto Morales, OAQPS Document 
Control Officer (C404-02), U.S. EPA, Research Triangle Park, NC 27711, 
Attention Docket ID No. OGC-2004-0004. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information claimed as CBI. In addition to one complete 
version of the comment that includes information claimed as CBI, a copy 
of the comment that does not contain the information claimed as CBI 
must be submitted for inclusion in the public docket. Information so 
marked will not be disclosed except in accordance with procedures set 
forth in 40 CFR part 2.

C. Where Can I Get a Copy of This Document and Other Related 
Information?

    In addition to being available in the docket, an electronic copy of 
today's final amendments is also available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following the 
Administrator's signature, a copy of the final amendments will be 
placed on the TTN's policy and guidance page for newly proposed or 
promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides 
information and technology exchange in various areas of air pollution 
control. If more information regarding the TTN is needed, call the TTN 
HELP line at (919) 541-5384.

D. What Are the Judicial Review Requirements?

    Under section 307(b)(1) of the CAA, judicial review of the final 
amendments is available only by filing a petition for review in the 
U.S. Court of Appeals for the District of Columbia Circuit by December 
13, 2004. Under section 307(d)(7)(B) of the CAA, only an objection to 
the final amendments that was raised with reasonable specificity during 
the period for public comment can be raised during judicial review. 
Moreover, under section 307(b)(2) of the CAA, the requirements 
established by the final amendments may not be challenged separately in 
any civil or criminal proceedings brought by the EPA to enforce these 
requirements.

E. Why Are We Publishing the Amendments as a Direct Final Rule?

    We are publishing the amendments as a direct final rule without 
prior proposal because we view the amendments as noncontroversial and 
do not anticipate adverse comments. However, in the Proposed Rules 
section of this Federal Register, we are publishing a separate document 
that will serve as the proposal for the amendments contained in the 
direct final rule in the event that significant adverse comments are 
filed. If we receive any significant adverse comments on one or more 
distinct amendments, we will publish a timely withdrawal in the Federal 
Register informing the public which provisions will become effective 
and which provisions are being withdrawn due to adverse comment. We 
will address all public comments in a subsequent final rule based on 
the proposed rule (should we decide to issue a final rule). We will not 
institute a second comment period on the direct final rule. Any parties 
interested in commenting must do so at this time.

F. How Is This Document Organized?

    The information presented in this preamble is organized as follows:

II. Background
III. Summary of the Final Amendments
    A. What changes are we making as a result of the settlement 
agreement?
    B. What other changes are we making?
IV. Summary of Environmental, Energy, and Economic Impacts
V. 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 that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act

II. Background

    On April 14, 2003 (68 FR 18008), we issued national emission 
standards for the control of hazardous air pollutants (HAP) from 
pushing, quenching, and battery stacks at new and existing coke oven 
batteries (40 CFR part 63, subpart CCCCC). The NESHAP implements 
section 112(d) of the CAA by requiring all major sources to meet HAP 
emission standards reflecting application of the maximum achievable 
control technology (MACT).\1\
---------------------------------------------------------------------------

    \1\ The final rule should not be confused with the MACT 
standards for coke oven doors, lids, offtake systems, and charging 
which are the subject of special statutory provisions (CAA section 
112(d)(8), 112(i)(8)). The EPA adopted MACT standards for those 
emission points in 1993 (58 FR 57898, October 27, 1993), and 
recently proposed residual risk standards pursuant to CAA section 
112(f)(2) for these sources (69 FR 68338, August 9, 2004).
---------------------------------------------------------------------------

    After publication of the final rule, the American Iron and Steel 
Institute (AISI)/American Coke and Coal Chemicals Institute (ACCCI) 
Coke Oven Environmental Task Force (COETF) filed a petition for review 
challenging the final standards (AISI/ACCCI Coke Oven Environmental 
Task Force v. U.S. Environmental Protection Agency, no. 03-1167, D.C. 
Cir.). The petitioners raised issues concerning:
    <bullet> The provisions requiring owners or operators of coke 
plants having a pushing emission control device to install, operate and 
maintain devices to monitor daily average fan motor amps, (or 
volumetric flow rate at the inlet of the control device and maintain 
daily average volumetric flow rate) at or above minimum levels 
established during initial performance tests. These provisions are 
included in 40 CFR 63.7290, 63.7323(c), 63.7326(a)(4),

[[Page 60815]]

63.7330(d), 63.7331(g) and (h), and 63.7333(d).
    <bullet> The provisions requiring monthly inspections of pressure 
sensors, dampers, damper switches and other equipment important to the 
performance of the total emissions capture system which also require 
that a facility's operation and maintenance plan include requirements 
to repair any defect or deficiency in the capture system before the 
next scheduled inspection. These provisions are included in 40 CFR 
63.7300(c)(1).
    The EPA and the petitioners anticipate that certain amendments to 
the final rule will resolve COETF's concerns. These amendments are set 
out in attachment A to a proposed settlement agreement between EPA and 
COETF. In accordance with section 113(g) of the CAA, EPA published a 
notice of the proposed settlement agreement (69 FR 31372, June 3, 2004) 
and provided a 30-day comment period which ended July 6, 2004. The EPA 
received no comments on the proposed settlement agreement. Under the 
terms of the proposed settlement agreement, EPA must submit proposed 
amendments for publication in the Federal Register within 90 days after 
review of public comments received in response to the notice of the 
settlement agreement. Within 120 days after the close of the comment 
period on the proposal, EPA must submit for publication in the Federal 
Register a notice setting forth the Administrator's final decision on 
the issues covered by the proposal.
    Concurrent with development of the proposed settlement agreement, a 
coke manufacturer constructing a new non-recovery plant noticed a gap 
in the promulgated rule. The new source is being constructed with a 
type of emission control system that is not addressed in the final 
rule. Therefore, the source requested EPA to develop an appropriate 
emission limit for that control system. In response, we are broadening 
the applicability of an existing emissions limit to include the control 
system and are adding appropriate implementation and compliance 
provisions.

III. Summary of the Final Amendments

A. What Changes Are We Making in Response to the Settlement Agreement?

    The petitioners argued that the operating limit in 40 CFR 
63.7290(3)(i) of the final rule for capture systems applied to pushing 
emissions (which requires the plant to maintain the daily average fan 
motor amperage at or above a certain level) was inappropriate for 
systems that did not use an electric motor to drive the fan. We agree 
with the petitioners because there are a few fans that are not powered 
by an electric motor. In response, we are amending the operating limit 
in 40 CFR 63.7290(b)(3)(i) to state that the requirement applies to 
capture systems that use an electric motor to drive the fan. We are 
adding a new operating limit in 40 CFR 63.7290(b)(3)(ii) that is 
appropriate for assessing the proper operation of a capture system that 
does not use an electric motor to drive the fan. The new operating 
limit requires the owner or operator to maintain the daily average 
static pressure at the inlet to the control device at an equal or 
greater vacuum than the level established during the initial 
performance test, or to maintain the daily average fan revolutions per 
minute (RPM) at or above the minimum level established during the 
initial performance test. We also renumbered the existing operating 
limit for the daily average volumetric flow rate in 40 CFR 
63.7290(b)(3)(ii) as 40 CFR 63.7290(b)(3).
    We also are adding requirements to the final rule for demonstrating 
initial and continuous compliance with the new operating limit for 
daily average static pressure or fan RPM. To establish the operating 
limit, a new procedure in 40 CFR 63.7323(c)(3) requires that the static 
pressure at the inlet of the control device or fan RPM during each push 
sampled for each particulate matter (PM) test run during the 
performance test be measured and recorded. The operating limit for 
static pressure is the minimum vacuum recorded during any of the three 
runs that meets the emission limit. The operating limit for fan RPM is 
the lowest RPM recorded during any of the three runs that meets the 
emission limit. To demonstrate initial compliance, a new provision in 
40 CFR 63.7326(a)(4) requires that the owner or operator have a record 
of the static pressure at the inlet of the control device or fan RPM 
measured during the performance test. To demonstrate continuous 
compliance, 40 CFR 63.7330(d) requires the owner or operator to monitor 
the static pressure or the fan RPM at all times according to the 
requirements in 40 CFR 63.7331(i), which requires a device to measure 
static pressure at the inlet of the control device or the fan RPM. A 
new provision in 40 CFR 63.7333(d) requires the owner or operator to 
maintain the daily average static pressure at the inlet to the control 
device at an equal or greater vacuum than established during the 
initial or subsequent performance test, or to maintain the daily 
average fan RPM at or above the minimum level established during the 
initial or subsequent performance test. The owner or operator also must 
check the static pressure or fan RPM at least every 8 hours to verify 
the daily average static pressure at the inlet to the control device, 
or the daily average fan RPM, is at or above the required values and to 
record the results of each check. We also made conforming amendments in 
each of the affected sections to account for changes in the regulatory 
citations.
    The petitioners also argued that the provision in 40 CFR 
63.7300(c)(1), which requires that the operation and maintenance plan 
include requirements to repair any defect or deficiency in the capture 
system before the next scheduled inspection, is unreasonable. We agree 
because there are a few repairs that may require more than 30 days to 
complete. Therefore, we are replacing the provision to complete all 
repairs within 30 days after the defect or deficiency is found to allow 
more time when necessary. If the repairs cannot be completed within 30 
days, the owner or operator must estimate the number of days in which 
repairs can be completed. We developed provisions for two additional 
situations (i.e., one for repairs that can be made within 60 days and 
one for repairs that will take longer than 60 days).
    If repairs can be completed within 60 days from the date that the 
problem is discovered, the owner or operator must submit a written 
notice to the permitting authority within 30 days after the date that 
the problem is discovered. The notice must contain specific 
information, including a description of the defect or deficiency, the 
steps needed to correct the problem, the interim steps needed to 
mitigate the emissions impact of the defect or deficiency, and an 
explanation of why the repairs cannot be completed within 30 days from 
the date that the problem is discovered.
    If the repairs cannot be completed within 60 days, the owner or 
operator must submit a written request to the permitting authority for 
an extension of time to complete the repairs. The owner or operator 
must submit this request to the permitting authority within 45 days 
after the date the defect or deficiency is discovered. The amendments 
require that this request include the information required for the 
previous notice, along with a detailed proposed schedule for completing 
the repairs and a request for approval of the proposed repair schedule. 
The permitting authority may consider all relevant factors in deciding 
whether to approved or deny the

[[Page 60816]]

request, including feasibility and safety, and may request 
modifications to the proposed schedule. If the permitting authority 
approves the request, the approved schedule must provide for completion 
of repairs as soon as practicable. This new requirement provides 
flexibility for unforeseen circumstances but also requires 
accountability for making needed repairs.

B. What Other Changes Are We Making?

    A new non-recovery coke plant now under construction will use flat 
car pushing along with a mobile control system (closed hood capture 
system vented to a multicyclone) to control PM emissions during pushing 
and travel to the quench tower. There are no test data for the proposed 
control system because no such system has been built. Consequently, we 
cannot develop an alternative emissions limit. However, the existing 
emission limit of 0.04 pound per ton of coke in 40 CFR 63.7290(a)(4), 
which applies to mobile scrubber cars that capture emissions during 
travel, covers a comparable situation. Therefore, we are changing the 
applicability of the limit from ``mobile scrubber car'' to ``mobile 
control device.'' Thus, the existing limit will apply to any type of 
mobile control device applied to pushing emissions that also captures 
emissions during travel at a new or existing coke oven battery.
    While the existing rule contains monitoring provisions for 
scrubbers, baghouse, and capture systems, it does not include 
requirements applicable to multicyclones. Therefore, we have added an 
operating limit to the final rule, along with requirements for 
demonstrating initial and continuous compliance. Based on information 
in EPA's 1998 ``Compliance Assurance Monitoring Technical Guidance 
Document'' (available at http://www.epa.gov/ttn/emc/cam), we selected 
pressure drop as the indicator of proper control device performance. 
For multicyclones, control efficiency is a function of inlet velocity, 
and changes in velocity result in changes in pressure drop across the 
device. If the inlet velocity exceeds a certain level, turbulence 
becomes excessive and control efficiency decreases. Therefore, the 
operating limit requires the owner or operator to maintain the pressure 
drop at or below the level established during the initial performance 
test. A continuous parameter monitoring system (CPMS) is required to 
measure and record the pressure drop across the device. We also added 
rule provisions for establishing an operating limit; demonstrating 
initial compliance; installing, operating, and maintaining the CPMS; 
and demonstrating continuous compliance with the parametric operating 
limit.

IV. Summary of Environmental, Energy, and Economic Impacts

    The final rule amendments will have no effect on environmental, 
energy, or non-air health impacts because none of the changes affect 
the stringency of the existing emission limits. No costs or economic 
impacts are associated with the amendments.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. The Executive Order 
defines a ``significant regulatory action'' as one that is likely to 
result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this action is not a ``significant 
regulatory action'' under the terms of Executive Order 12866, and is, 
therefore, not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The costs of the information collection requirements associated with 
the provisions related to the settlement agreement do not increase the 
existing burden estimates for the final rule. The OMB has previously 
approved the information collection requirements contained in the 
existing rule (40 CFR part 63, subpart CCCCC) under the provisions of 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned 
OMB control number 2060-0521, EPA ICR number 1995.02. A copy of the 
approved Information Collection Request (ICR) may be obtained from 
Susan Auby, Collection Strategies Division, U.S. Environmental 
Protection Agency (2822T), 1200 Pennsylvania Ave., NW., Washington, DC 
20460 or by calling (202) 566-1672.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR part 63 are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with the final rule 
amendments.
    For the purposes of assessing the impacts of today's final 
amendments on small entities, small entity is defined as: (1) A small 
business having no more than 1,000 employees, as defined by the Small 
Business Administration for NAICS codes 331111 and 324199; (2) a 
government 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 that is not 
dominant in its field.
    After considering the economic impacts of today's final amendments 
on small entities, the EPA has concluded that this action will not have 
a significant economic impact on a substantial number of small 
entities. In determining whether a rule has a significant economic 
impact on a substantial number of small entities, the impact of concern 
is any significant adverse economic impact on small

[[Page 60817]]

entities, since the primary purpose of the regulatory flexibility 
analyses is to identify and address regulatory alternatives ``which 
minimize any significant economic impact of the proposed rule on small 
entities'' (5 U.S.C. 603 and 604). Thus, an agency may conclude that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, or 
otherwise has a positive economic effect on all of the small entities 
subject to the rule.
    We believe there will be a positive impact on small entities 
because the final rule amendments add new compliance provisions to 
increase flexibility. These changes are voluntary and do not impose new 
costs. We have, therefore, concluded that today's final rule amendments 
will relieve regulatory burden for all small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any 1 year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires the EPA to identify and consider a reasonable number of 
regulatory alternatives and adopt the least costly, most cost-
effective, or least-burdensome alternative that achieves the objectives 
of the rule. The provisions of section 205 do not apply when they are 
inconsistent with applicable law. Moreover, section 205 allows the EPA 
to adopt an alternative other than the least-costly, most cost-
effective, or least-burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before the EPA establishes any regulatory requirements 
that may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that the final amendments do not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in the aggregate, or to the 
private sector in any 1 year. No new costs are attributable to the 
final amendments. Thus, the final rule amendments are not subject to 
the requirements of sections 202 and 205 of the UMRA. The EPA has also 
determined that the final rule amendments contain no regulatory 
requirements that might significantly or uniquely affect small 
governments because they contain no requirements that apply to such 
governments or impose obligations upon them. Therefore, the final rule 
amendments are not subject to section 203 of the UMRA.

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.''
    The final rule amendments do not have federalism implications. They 
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. None of the affected 
plants are owned or operated by State governments. Thus, Executive 
Order 13132 does not apply to the final rule amendments.

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

    Executive Order 13175 (65 FR 67249, November 6, 2000) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' The final rule amendments do not have 
tribal implications, as specified in Executive Order 13175, because 
tribal governments do not own or operate any sources subject to the 
final rule amendments. Thus, Executive Order 13175 does not apply to 
the final rule amendments.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant,'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the EPA must evaluate the environmental health or safety 
effects of the planned rule on children and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by the Agency.
    We interpret 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 Executive Order has 
the potential to influence the regulation. The final rule amendments 
are not subject to Executive Order 13045 because the final rule (and 
these amendments) are based on technology performance and not on health 
or safety risks.

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

    These final amendments are not subject to Executive Order 13211 (66 
FR 28355, May 22, 2001) because they are not a significant regulatory 
action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    As noted in the proposed amendments, Section 112(d) of the National 
Technology Transfer and Advancement Act (NTTAA) of 1995 (Pub. L. 104-
113; 15 U.S.C 272 note) directs the EPA to use voluntary consensus 
standards in their regulatory and procurement activities unless to do 
so would be inconsistent with applicable law or otherwise 
impracticable. Voluntary consensus standards are technical standards 
(e.g., material specifications, test methods, sampling procedures, 
business practices) developed or adopted by one or more voluntary 
consensus bodies. The NTTAA requires EPA to provide Congress, through 
the OMB,

[[Page 60818]]

explanations when the Agency decides not to use available and 
applicable voluntary consensus standards.
    The EPA's compliance with section 112(d) of the NTTAA has been 
addressed in the preamble to the existing rule (68 FR 18025, April 14, 
2003). The final rule amendments do not involve technical standards. 
Therefore, EPA is not considering the use of any voluntary consensus 
standards.

J. Congressional Review Act

    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. The 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 action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2). The final rule 
amendments will be effective on January 11, 2005.

List of Subjects in 40 CFR Part 63

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

    Dated: October 4, 2004.
Michael O. Leavitt,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I, part 63 
of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart CCCCC--[Amended]

0
2. Section 63.7290 is amended by revising paragraphs (a)(4), (b) 
introductory text, and (b)(3) and by adding new paragraph (b)(4) to 
read as follows:


Sec.  63.7290  What emission limitations must I meet for capture 
systems and control devices applied to pushing emissions?

    (a) * * *
    (4) 0.04 lb/ton of coke if a mobile control device that captures 
emissions during travel is used.
    (b) You must meet each operating limit in paragraphs (b)(1) through 
(4) of this section that applies to you for a new or existing coke oven 
battery.
* * * * *
    (3) For each capture system applied to pushing emissions, you must 
maintain the daily average volumetric flow rate at the inlet of the 
control device at or above the minimum level established during the 
initial performance test; or
    (i) For each capture system that uses an electric motor to drive 
the fan, you must maintain the daily average fan motor amperes at or 
above the minimum level established during the initial performance 
test; and
    (ii) For each capture system that does not use a fan driven by an 
electric motor, you must maintain the daily average static pressure at 
the inlet to the control device at an equal or greater vacuum than the 
level established during the initial performance test or maintain the 
daily average fan revolutions per minute (RPM) at or above the minimum 
level established during the initial performance test.
    (4) For each multicyclone, you must maintain the daily average 
pressure drop at or below the minimum level established during the 
initial performance test.

0
3. Section 63.7300 is amended as follows:
0
a. Removing the third (last) sentence in paragraph (c)(1) and adding in 
its place a new sentence; and
0
b. Adding new paragraphs (c)(1)(i) and (ii).


Sec.  63.7300  What are my operation and maintenance requirements?

* * * * *
    (c) * * *
    (1) * * * In the event a defect or deficiency is found in the 
capture system (during a monthly inspection or between inspections), 
you must complete repairs within 30 days after the date that the defect 
or deficiency is discovered except as specified in paragraphs (c)(1)(i) 
and (ii) of this section.
    (i) If you determine that the repairs can be completed within 60 
days, you must submit a written notice that must be received by the 
permitting authority within 30 days after the date that the defect or 
deficiency is discovered. Your notice must contain a description of the 
defect or deficiency, the steps needed and taken to correct the 
problem, the interim steps being taken to mitigate the emissions impact 
of the defect or deficiency, and an explanation of why the repairs 
cannot be completed within 30 days. You must then complete the repairs 
within 60 days after the date that the defect or deficiency is 
discovered.
    (ii) In those rare instances when repairs cannot be completed 
within 60 days, you must submit a written request for extension of time 
to complete the repairs. The request must be received by the permitting 
authority not more than 45 days after the date that the defect or 
deficiency is discovered. The request must contain all of the 
information required for the written notice described in paragraph 
(c)(1)(i) of this section, along with a detailed proposed schedule for 
completing the repairs and a request for approval of the proposed 
repair schedule. The permitting authority may consider all relevant 
factors in deciding whether to approve or deny the request (including 
feasibility and safety). Each approved schedule must provide for 
completion of repairs as expeditiously as practicable, and the 
permitting authority may request modifications to the proposed schedule 
as part of the approval process.
* * * * *

0
4. Section 63.7323 is amended as follows:
0
a. Revising paragraph (c);
0
b. Redesignating paragraph (d) as (e);
0
c. Adding new paragraph (d); and
0
d. Revising newly designated paragraph (e) introductory text and 
revising newly designated paragraph (e)(3).


Sec.  63.7323  What procedures must I use to establish operating 
limits?

* * * * *
    (c) For a capture system applied to pushing emissions from a coke 
oven battery, you must establish a site-specific operating limit 
according to the procedures in paragraphs (c)(1), (2), or (3) of this 
section.
    (1) If you elect the operating limit in Sec.  63.7290(b)(3) for 
volumetric flow rate, measure and record the total volumetric flow rate 
at the inlet of the control device during each push sampled for each 
particulate matter test run. Your operating limit is the lowest 
volumetric flow rate recorded during any of the three runs that meet 
the emission limit.
    (2) If you elect the operating limit in Sec.  63.7290(b)(3)(i) for 
fan motor amperes, measure and record the fan motor amperes during each 
push sampled for each particulate matter test run. Your operating limit 
is the lowest fan motor amperes recorded during any of the three runs 
that meet the emission limit.
    (3) If you elect the operating limit in Sec.  63.7290(b)(3)(ii) for 
static pressure or fan RPM, measure and record the static pressure at 
the inlet of the control device or fan RPM during each push sampled for 
each particulate matter test

[[Page 60819]]

run. Your operating limit for static pressure is the minimum vacuum 
recorded during any of the three runs that meets the emission limit. 
Your operating limit for fan RPM is the lowest fan RPM recorded during 
any of the three runs that meets the emission limit.
    (d) For a multicyclone applied to pushing emissions from a coke 
oven battery, you must establish a site-specific operating limit for 
pressure drop according to the procedures in paragraphs (d)(1) and (2) 
of this section.
    (1) Using the CPMS required in Sec.  63.7330(f), measure and record 
the pressure drop for each particulate matter test run during periods 
of pushing. A minimum of one pressure drop measurement must be obtained 
for each push.
    (2) Compute and record the average pressure drop for each test run. 
Your operating limit is the highest average pressure drop value 
recorded during any of the three runs that meet the emission limit.
    (e) You may change the operating limit for a venturi scrubber, 
capture system, or mobile control device that captures emissions during 
pushing if you meet the requirements in paragraphs (e)(1) through (3) 
of this section.
* * * * *
    (3) Establish revised operating limits according to the applicable 
procedures in paragraphs (a) through (d) of this section.

0
5. Section 63.7326 is amended as follows:
0
a. Revising paragraph (a)(1)(iii);
0
b. Revising paragraphs (a)(4)(i) and (a)(4)(ii);
0
c. Adding paragraph (a)(4)(iii); and
0
d. Adding paragraph (a)(5).


Sec.  63.7326  How do I demonstrate initial compliance with the 
emission limitations that apply to me?

    (a) * * *
    (1) * * *
    (iii) 0.04 lb/ton of coke if a mobile control device that captures 
emissions during travel is used.
* * * * *
    (4) * * *
    (i) If you elect the operating limit in Sec.  63.7290(b)(3) for 
volumetric flow rate, you have a record of the total volumetric flow 
rate at the inlet of the control device measured during the performance 
test in accordance with Sec.  63.7323(c)(1); or
    (ii) If you elect the operating limit in Sec.  63.7290(b)(3)(i) for 
fan motor amperes, you have a record of the fan motor amperes during 
the performance test in accordance with Sec.  63.7323(c)(2); or
    (iii) If you elect the operating limit in Sec.  63.7290(b)(3)(ii) 
for static pressure or fan RPM, you have a record of the static 
pressure at the inlet of the control device or fan RPM measured during 
the performance test in accordance with Sec.  63.7323(c)(3).
    (5) For each multicyclone applied to pushing emissions, you have 
established an appropriate site-specific operating limit and have a 
record of the pressure drop measured during the performance test in 
accordance with Sec.  63.7323(d).
* * * * *

0
6. Section 63.7330 is amended by revising paragraphs (d) and (e) and by 
adding paragraph (f) to read as follows:


Sec.  63.7330  What are my monitoring requirements?

* * * * *
    (d) For each capture system applied to pushing emissions, you must 
at all times monitor the volumetric flow rate according to the 
requirements in Sec.  63.7331(g), the fan motor amperes according to 
the requirements in Sec.  63.7331(h), or the static pressure or the fan 
RPM according to the requirements in Sec.  63.7331(i).
    (e) For each by-product coke oven battery, you must monitor at all 
times the opacity of emissions exiting each stack using a COMS 
according to the requirements in Sec.  63.7331(j).
    (f) For each multicyclone applied to pushing emissions, you must 
monitor at all times the pressure drop using a CPMS according to the 
requirements in Sec.  63.7331(k).

0
7. Section 63.7331 is amended as follows:
0
a. Revising paragraphs (g) and (h);
0
b. Redesignating paragraph (i) as (j) and revising newly designated 
paragraph (j) introductory text;
0
c. Adding new paragraph (i); and
0
d. Adding new paragraph (k).


Sec.  63.7331  What are the installation, operation, and maintenance 
requirements for my monitors?

* * * * *
    (g) If you elect the operating limit in Sec.  63.7290(b)(3) for a 
capture system applied to pushing emissions, you must install, operate, 
and maintain a device to measure the total volumetric flow rate at the 
inlet of the control device.
    (h) If you elect the operating limit in Sec.  63.7290(b)(3)(i) for 
a capture system applied to pushing emissions, you must install, 
operate, and maintain a device to measure the fan motor amperes.
    (i) If you elect the operating limit in Sec.  63.7290(b)(3)(ii) for 
a capture system applied to pushing emissions, you must install, 
operate and maintain a device to measure static pressure at the inlet 
of the control device or the fan RPM.
    (j) For each by-product coke oven battery, you must install, 
operate, and maintain a COMS to measure and record the opacity of 
emissions exiting each stack according to the requirements in 
paragraphs (j)(1) through (5) of this section.
* * * * *
    (k) For each multicyclone applied to pushing emissions, you must 
install, operate, and maintain CPMS to measure and record the pressure 
drop across each multicyclone during each push according to the 
requirements in paragraphs (b) through (d) of this section except as 
specified in paragraphs (e)(1) through (3) of this section.

0
8. Section 63.7333 is amended as follows:
0
a. Revising paragraph (d);
0
b. Revising paragraph (e)(2); and
0
c. Adding new paragraph (h).


Sec.  63.7333  How do I demonstrate continuous compliance with the 
emission limitations that apply to me?

* * * * *
    (d) For each capture system applied to pushing emissions and 
subject to the operating limit in Sec.  63.7290(b)(3), you must 
demonstrate continuous compliance by meeting the requirements in 
paragraph (d)(1), (2), or (3) of this section:
    (1) If you elect the operating limit for volumetric flow rate in 
Sec.  63.7290(b)(3):
    (i) Maintaining the daily average volumetric flow rate at the inlet 
of the control device at or above the minimum level established during 
the initial or subsequent performance test; and
    (ii) Checking the volumetric flow rate at least every 8 hours to 
verify the daily average is at or above the minimum level established 
during the initial or subsequent performance test and recording the 
results of each check.
    (2) If you elect the operating limit for fan motor amperes in Sec.  
63.7290(b)(3)(i):
    (i) Maintaining the daily average fan motor amperages at or above 
the minimum level established during the initial or subsequent 
performance test; and
    (ii) Checking the fan motor amperage at least every 8 hours to 
verify the daily average is at or above the minimum level established 
during the initial or subsequent performance test and recording the 
results of each check.
    (3) If you elect the operating limit for static pressure or fan RPM 
in Sec.  63.7290(b)(3)(ii):
    (i) Maintaining the daily average static pressure at the inlet to 
the control device at an equal or greater vacuum

[[Page 60820]]

than established during the initial or subsequent performance test or 
the daily average fan RPM at or above the minimum level established 
during the initial or subsequent performance test; and
    (ii) Checking the static pressure or fan RPM at least every 8 hours 
to verify the daily average static pressure at the inlet to the control 
device is at an equal or greater vacuum than established during the 
initial or subsequent performance test or the daily average fan RPM is 
at or above the minimum level established during the initial or 
subsequent performance test and recording the results of each check.
    (e) * * *
    (2) Operating and maintaining a COMS and collecting and reducing 
the COMS data according to Sec.  63.7331(j).
* * * * *
    (h) For each multicyclone applied to pushing emissions and subject 
to the operating limit in Sec.  63.7290(b)(4), you must demonstrate 
compliance by meeting the requirements in paragraphs (h)(1) through (3) 
of this section.
    (1) Maintaining the daily average pressure drop at a level at or 
below the level established during the initial or subsequent 
performance test.
    (2) Operating and maintaining each CPMS according to Sec.  
63.7331(k) and recording all information needed to document conformance 
with these requirements.
    (3) Collecting and reducing monitoring data for pressure drop 
according to Sec.  63.7331(e)(1) through (3).

[FR Doc. 04-22871 Filed 10-12-04; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>