ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-.2010-0010; FRL Approval and Promulgation ofAir Quality Implementation Plans; Maryland; Control ofCarbon Monoxide Emissions from Basic Oxygen Furnaces AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final actionto approve revisions to the Maryland State Implementation Plan (SIP). The revision, State ofMaryland SIP Revision #05-08, replaces the current SIP requirements for the control ofcarbon monoxide (CO) emissions from basic oxygen furnaces (BOFs) at steel mills in the State ofMaryland with a new, equivalent CO standard. EPA is approving this revisionto the Maryland SIP in accordance withthe requirements ofthe Clean Air Act (CAA). DATES: This rule is effective on [Insert date 60 days afterpublication in the Federal Register] withoutfurther notice, unless EPA receives adverse written commentby [Insert date 30 days afterpublication inthe Federal Registerl. IfEPA receives such comments, it will publish a timely withdrawal ofthe direct final rule in the Federal Register and inform the public thatthe rule will nottake effect.
ADDRESSES: Submit your Comments, identifiedby DocketID Number EPA-R03-OAR2010-0010 by one ofthe following methods: A. www.regulations.gov. Followthe on-line instructions for submitting comments. B: E-mail: fernandez.cristinaepa.govC. Mail: EPA-R03-OAR-2010-0010, Cristina Fernandez, Associate Director, Office ofAir Program Planning, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: Atthe previously-listed EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours ofoperation, and special arrangements should be made for deliveries ofboxed information.
Instructions: Direct your comments to DocketID No. EPA-R03-OAR-2010-OO1O. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including anypersonal 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 considerto be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body ofyour comment. Ifyou send an e-mail comment directlyto EPA without going through www.regulations.gov, your e-mail address will-be automatically capturethand included as partof the comment that is placed in the public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends thatyou include your name and other contact information in the body ofyour comment and with any disk or CD-ROM you submit. IfEPA cannotread your comment due to technical difficulties and cannot contactyou for clarification, EPA may notbe able to consider your comment. Electronic files should avoid the use ofspecial characters, any form ofencryption, and be free ofany defects or viruses.
2Docket: All documents in the electronic docket are listed in the www.regulations.gov index. 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 material, such as copyrighted material, is notplaced onthe Internet and will be publicly available only in hard copy form. Publicly available docketmaterials are available either electronically in www.regulations.gov or in hard copy during normal business hours atthe Air Protection Division, U.S. Environmental •Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Maryland Department ofthe Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230. FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by e-mail at pino.mariaepa.gov.
SUPPLEMENTARY INFORMATION: Throughoutthis document, whenever “we,” “us,” or “our” is used, we mean EPA.
I. Background On October 31, 2005, the State ofMaryland submitted a formal revisionto its SIP. The SIP revision consists ofestablishmentofa new standard for CO emissions from BOFs at steel mills. This SIP revisionreplaces the current SIP requirements forthe control ofCO emissions from BOFs, which Maryland had previously withdrawn from the Code ofMaryland Administrative

3Regulations (COMAR). However, those requirements were not withdrawn from Maryland’s SIP.
CO is generated in large quantities in BOFs at steel mills. BOFs contain hot metal from the blast furnace and scrap metal which is heated with oxygen to produce molten metal. The molten metal is ultimately cast into steel slabs. The BOFs are equipped with a gas collection system orhoods that exhaustthe gases into awater scrubber systemthat is usedprimarily for control of particulate matter.
II. Summary ofSIP Revision This SIP revision establishes a new CO standard for BOFs at steel mills by adding new regulation COMAR 26.11.10.05-ito the Maryland SIP. This new regulation requires affected sources to demonstrate that the CO concentration in its gas stream does not exceed 1 percentby volume andto demonstrate compliance by conducting an initial stacktest and additional stack tests every 2.5 years. COMAR 26.11.10.05-1 replaces the CO emission requirements currently in the Maryland SIP, COMAR 26.1 l.10.06[2].
COMAR26. 11.10.06[2] required aperson who operated ablast furnace, grey iron cupola or.BOF to burn the gas with excess oxygen at not less than 1300°F for at least 0.3 seconds in a direct flame afterburner. In addition, COMAR 26.11 .10.06[2] allowed an equivalent control method which reduces the concentration ofCO in the effluentto 1.0 percentby volume or less. Maryland withdrew that regulation because: (1) blast furnace gas is not controlled but is used as fuel in on site fuel burning equipment; (2) there are no grey iron cupolas located at steel mills and cupolas not located at steel mills are subjectto the CO emissions requirements in COMAR
426.11.06 and (3) CO emissions from BOFs are not controlled in that manner. When the furnaces are operating, the flames extend into the hood and incinerate the CO before it is exhausted throughthe scrubbers.
The 1 percentby volume CO emissions limit in the new regulation, COMAR 26.11.10.05-1, is equivalentto the limit allowed by COMAR 26.11.1 0.06[2]. In addition, replacing COMAR 26.1 1.10.06[2] with COMAR 26.11.10.05-1 strengthens the Maryland SIP by clarifying the standard for CO emissions from BOFs and removing extraneous requirements. Therefore, EPA is approving COMAR 26.11.10.05-1 in the Maryland SIP, and removing COMAR 26.11.lO.06[2].
III. Final Action EPA is approving Maryland’s SIP Revision#05-08, which revises the Maryland SIP by adding a newregulation, COMAR 26.11.10.05-1. This new regulation establishes standards for CO emissions from BOFs at steel mills in Maryland. EPA is approving this revisionto the Maryland SIP in accordance with the requirements ofthe CAA. EPA is also removing the existing requirements for the control ofCO emissions from BOFs, COMAR 26.11 .10.06[2], fromthe Maryland SIP. COMAR 26.11.10.05-1 replaces COMAR 26.11.1 0.06[2] and requires an equivalent level ofcontrol.
EPA is publishing this rule withoutprior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comment. However, in the “Proposed Rules” section oftoday’s Federal Register, EPA is publishing a separate documentthat will serve
5as the proposal to approve the SIP revision ifadverse comments are filed. This rule will be effective on [Insert date 60 days from date ofpublication in the Federal Register] without further •notice unless EPA receives adverse commentby [Insert date 30 days from date ofpublication in the Federal Register]. IfEPA receives adverse comment, EPA will publish atimely withdrawal inthe Federal Register informing the public thatthe rule will nottake effect. EPA will address all public comments in a subsequent final rule based onthe proposed rule; EPA will not institute a second cormnent period on this action.. Any parties interested in commenting must do so atthis time.
IV. Statutory and Executive Order Reviews A. General Requirements Underthe Clean AirAct, the Administrator is required to approve a SIP submission that complies with the provisions ofthe Act and applicable Federal regulations 42 US.C. 74 10(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, providedthat they meet the criteria ofthe CleanAir Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyondthose--imposed-bystate1aw.- Forthat-reason, this-action:

o is not a ‘significant regulatory action” subjectto reviewby the Office ofManagement and Budgetunder Executive Order 12866 (58 FR 51735, October 4, 1993);

o. does not impose an information collectionburden underthe provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

o is certified as not having a significant economic impact on a substantial number ofsmall entities underthe Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
6e does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the UnfundedMandates Reform Act of 1995 (Public Law 104-4);

o does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

o is not an economically significant,regulatory action based on health or safetyrisks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

o is not a significantregulatory action subject to Executive Order 13211 (66 FR 28355, May22, 2001);

o is not subjectto requirements ofSection 12(d) ofthe National Technology Transfer and Advancement.Actof 1995 (15 U.S.C. 272 note) because application ofthose requirements would be inconsistentwith the Clean Air Act; and

• does notprovide EPA with the discretionary authority to address, as. appropriate, disproportionate human health or environmental effects, using practicable andlegally permissible methods, underExecutive Order 12898 (59 FR 7629, February 16, 1994). Iifaddition, thig rule does’ nothave triba1 implications as ‘specified byE’xecutive Order 13 1’75’(65 FR 67249, November 9, 2000), becausethe SIP is not approved to apply in Indian country located inthe state, and EPA notes that it will not impose substantial direct costs ontribal governments orpreempt‘tribal law.
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
7EnforcementFairness Act of1996, generally provides thatbefore arule may take effect, the agency promulgating the rule must submit arule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller Generalofthe United States. EPA will submit a report containing this action and otherrequired informationto the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States priorto publication ofthe rule in the Federal Register. A majorrule cannottake effectuntil 60 days after it is published in the Federal Register. This action is not a “major rule” as definedby 5 U.S.C. 804(2).
C. Petitions for Judicial Review Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review Ofthis action mustbe filed in the United States Court ofAppeals forthe appropriate circuitby [Insert date 60 days from date ofpublication ofthis document in the Federal Register]. Filing apetition for reconsideration by the Administrator ofthis final rule does not affect the finality ofthis action for the purposes of judicial reviewnor does it extend the time within which apetition forjudicial review may be filed, and shall not postpone the effectiveness ofsuchrule or action. Parties with

-objections-to-this- direct—final-rule areencouraged-to filea:commentinresponseto. the-parallel.

notice ofproposed rulemaking for this actionpublished inthe proposed rules section oftoday’s Federal Register, ratherthan file an immediatepetition forjudicial review ofthis direct final rule, s that EPA can withdrawthis direct final rule and address the comment in the proposed

8rulemaking. This action, which replaces existing requirements forthe control ofCO emissions from BOFs at steel mills in Maryland with anew, equivalent standard for CO emissions from steel mill BOFs, may notbe challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)
List ofSubjects in 40 CFR Part 52 Environmental protection, Airpollution control, Carbon monoxide, W.( Regiom 

### JAt42ZZO1U Dated: __Shawn M. Garvin, Regional Adminh Region III. byreference.

940 CFRpart 52 is amended as follows: PART 52- [AMENDED] 1. The authority citation forpart 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. SubpartV

— Maryland 2. In §52.1070, the table inparagraph (c) is amendedby removing the entry for COMAR 26.1 1.10.06[2] and by adding new COMAR 26.11.10.05-ito read as follows: 52.i070 Identification ofplan.

* * * * * (c) * * * EPA-APPROVED REGULATIONS N THE MARYLAND SIP Code ofMaryland Title/subject State EPA approval AdditiOnal Administrative effective •date explanation! Regulations date citation at 40 (COMAR) citation CFR 52.1100
* * * * * * * 26.11.10 Control ofIron and Steel Production Installations
* * * * * * * 26.11.10.05-1 Control ofCarbon 9/12/05 [InsertFederal Monoxide Register Emissions from publication date] Basic Oxygen [Insertpage Furnaces number where the documentbegins]

* * * * * * *

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