Document jgLwjwVw04n7nn7a0doGgzgrQ

overly burdensome, lack scientific merit, and accomplish nothing in the way of emissions minimization. The methods EPA used to establish the new pushing limits are arbitrary and capricious for the following reasons: EPA relied upon combined data from SunCoke's heat non-recovery plants and byproduct plants. Byproduct plants use dramatically different coking processes and emissions controls. In contrast, heat non-recovery plants have been declared by EPA as the maximum achievable control technology:' Conflating data from these two different processes is arbitrary and capricious. EPA not only used data from byproduct plants to set new pushing limits applicable to HNR facilities, EPA included data from idled byproduct plants as one of the "best performing sources." A source that is idled is not performing at all, so using data from a non-performing source is arbitrary and capricious:9 Further, EPA confirmed that those idled plants permanently shut down before issuance of the Final Rule.fi1) For heat non-recovery plants, EPA used HCN emission test data from an obsolete test method (2016 ICR test data from the SunCoke Middletown facility) that was collected using the Zinc Acetate method, which EPA earlier had abandoned due to its limited dynamic range ofmeasurement.61 For Hg, the emissions are too low to permit scientific measurement (at or below detection, within the noise of the test instrument) and the limit fails to consider the wide variability of Hg content in metallurgical coal (ranging from 0.008 to 0.360 parts per 'Ile variability in concentrations of I Ig (and other HAP-related constituents) in emissions from these sources is directly proportional to the concentration of these constituents that natu- rally occur in raw materials (i.e., metallurgical coals) used in the HNR cokemaking process. With respect to HNR facilities, the emission of. these HAP from pushing arc de minimis. Pushing operations are intermittent (less than three hours per day) and emissions arc less than one ton per year. EPA already set a PM limit on pushing prior to this rulemaking, which sufficiently minimizes pushing emissions, including emissions of Hg, AG, IICN, and PAH. EPA should have made surrogacy determinations, instead of establishing new MAC-IT floor limits, to the extent that the LEAN decision required gap filling. There is no reasonable basis for treating the I IAP differently in the Final Rule. EPA's MAGI. floor limits for pushing arc based on insufficient data. Because the surrogacy determinations for the five newly regulated IIAP were added after the close of the public comment period, SunCoke did not have an opportunity to comment on EPA's choice See SunCoke comment letter, p 1, n.6. See SunCoke comment letter, p 30 (11' 89 Fcd. Reg at 55692 (confiming that Cleveland Cliffs' Follansbee, West Virginia, facility and Middletown, Ohio, facility permanently closed in 2022 and 2023, respectively). tinu :lceirt Srunpling Aleihodfor Hydrogen Cvanide N. Shappley, U S Environmental Protection Agency, Research Triangle Park, and I) Maxwell, A ECOM E, Austin, TX Presentation at the 41st Stationary Source Sampling and Analysis for Air Pollutants, Tucson, AZ, April 9-14, 2017, Docket I Ds EPA-I IQ-OAR-2002-0085 and EPAR)-OAR -2003 -0051 - 10 - Sierra Club FOIA 2025-EPA-04883 ED_018388_00000109-00070 SC_EVERSPLIT0005744