[Federal Register Volume 63, Number 218 (Thursday, November 12, 1998)]
[Rules and Regulations]
[Pages 63191-63209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29967]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[AD-FRL-6185-4]
RIN 2060-ZA03
Federal Plan Requirements for Large Municipal Waste Combustors
Constructed on or Before September 20, 1994
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action promulgates (adopts) a Federal plan to implement
emission guidelines for MWC units located in areas not covered by an
approved and currently effective State plan. The Federal plan is an
interim action because on the effective date of an approved State plan,
the Federal plan will no longer apply to MWC units covered by the State
plan. This MWC Federal plan includes the same required elements as a
State plan as specified in 40 CFR part 60, subpart B. These elements
are: identification of legal authority; identification of mechanisms
for implementation; inventory of affected facilities; emission
inventory; emission limits; compliance schedules; public hearing
requirements; reporting and recordkeeping requirements; and public
progress reports.
On December 19, 1995, EPA adopted emission guidelines for existing
municipal waste combustor (MWC) units. Section 129 of the Clean Air Act
(Act) requires States with existing MWC units subject to the guidelines
to submit plans to EPA that implement and enforce the emission
guidelines. The State plans were due on December 19, 1996. States
without MWC units subject to the emission guidelines must submit a
negative declaration letter. Following receipt of a State plan, EPA has
up to 6 months to approve or disapprove the plan. If a State with
existing MWC units does not submit an approvable plan within 2 years
after promulgation of the guidelines (i.e., December 19, 1997), the Act
requires EPA to develop, implement, and enforce a Federal Plan for MWC
units in that State. This MWC Federal plan was proposed on January 23,
1998 (63 FR 3509).
EFFECTIVE DATE: The effective date of this MWC Federal plan is December
14, 1998. The incorporation by reference of certain publications listed
in the rule is approved by the Director of the Federal Register as of
December 14, 1998.
Judicial Review. This section 111(d)/129 rule for municipal waste
combustors was proposed on January 23, 1998 (63 FR 3509). This notice
promulgating a rule for municipal waste combustors constitutes final
administrative action concerning that proposal. Under section 307(b)(1)
of the Act, judicial review of this final rule is available only by
filing a petition for review in the U.S. Court of Appeals for the
District of Columbia Circuit by January 11, 1999. Under section
307(d)(7)(B) of the Act, only an objection to this rule 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
Act, the requirements established by today's final action may not be
challenged separately in any civil or criminal proceeding brought by
the EPA to enforce these requirements.
ADDRESSES: Docket. Docket numbers A-89-08, A-90-45, and A-97-45 contain
the supporting information for this promulgated rule and the supporting
information for EPA's promulgation of emission guidelines for existing
MWC units. Public comments on the proposed rule for this action were
received in docket number A-97-45. The dockets are available for public
inspection and copying between 8:00 a.m. and 5:30 p.m., Monday through
Friday, at EPA's Air and Radiation Docket and Information Center (Mail
Code 6102), 401 M Street, SW, Washington, DC 20460, or by calling (202)
260-7548. The docket is located at the above address in Room M-1500,
Waterside Mall (ground floor, central mall). A reasonable fee may be
charged for copying.
FOR FURTHER INFORMATION CONTACT: For procedural and implementation
information regarding this Federal Plan, contact Ms. Julie Andresen
McClintock at (919) 541-5339, Program Review Group, Information
Transfer and Program Integration Division (MD-12), U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711. For
technical information regarding State plans, contact Mr. Walt Stevenson
at (919) 541-5264, Combustion Group, Emission Standards Division (MD-
13), U.S. Environmental Protection Agency, Research Triangle Park,
North Carolina 27711. For State-specific information regarding the
implementation of this Federal plan, contact the appropriate Regional
Office (table 2) as shown in section I of SUPPLEMENTARY INFORMATION.
The following outline shows the organization of the SUPPLEMENTARY
INFORMATION section of this preamble.
I. Background of MWC Regulations and Affected Facilities
A. Background of MWC Regulations
B. MWC Federal Plan and Affected Facilities
C. Status of State Plans
II. Required Elements of the MWC Federal Plan
III. Changes Since Proposal
A. Final Control Plan Requirements
B. Dates for Increments of Progress
C. Options 1, 2, and 3 and Site-specific Compliance Schedules
D. Compliance Dates Already Achieved
E. Subpart Cb Amended Emission Limits
IV. Summary of Federal Plan Emission Limits and Requirements
V. Implementation of Federal Plan and Delegation
A. Background of Authority
B. Delegation of the Federal Plan
C. Mechanisms for Transferring Authority
VI. Title V
VII. Administrative Requirements
A. Docket
B. Paperwork Reduction Act
C. Executive Order 12866
D. Unfunded Mandates Reform Act of 1995
E. Regulatory Flexibility Act/Small Business Regulatory
Enforcement Fairness Act of 1996
F. Submission to Congress and the General Accounting Office
G. National Technology Transfer and Advancement Act
H. Executive Order 12875
I. Executive Order 13084
J. Executive Order 13045
SUPPLEMENTARY INFORMATION:
I. Background of MWC Regulations and Affected Facilities
A. Background of MWC Regulations
On February 11, 1991 (56 FR 5488), EPA promulgated in the Federal
Register emission guidelines for existing MWC units (40 CFR part 60,
subpart Ca) under authority of section 111 of the Act as amended in
1977. On September 20, 1994, EPA proposed revised emission guidelines
for MWC units (40 CFR part 60, subpart Cb) under sections 111 and 129
of the Act as amended in 1990. On December 19, 1995, EPA issued final
emission guidelines applicable to small and large categories of MWC
units.\1\ See 60 FR 65387. On April 8, 1997, the United States Court of
Appeals for the District of Columbia Circuit vacated subpart Cb as it
applies to MWC units with an individual capacity to combust less than
or equal to 250 tons per day
[[Page 63192]]
of municipal solid waste (MSW) (small MWC units), and all cement kilns
combusting MSW, consistent with their opinion in Davis County Solid
Waste Management and Recovery District v. EPA, 101 F.3d 1395 (D.C. Cir.
1996), amended, 108 F.3d 1454 (D.C. Cir. 1997). As a result, subpart Cb
applies to MWC units with an individual capacity to combust more than
250 tons per day of MSW per unit (large MWC units). On August 25, 1997
(62 FR 45116), EPA published changes to the emission guidelines to
address the court decision. Those changes went into effect on October
24, 1997 and State plans incorporating those changes were due on August
25, 1998.
---------------------------------------------------------------------------
\1\ The small category comprised all MWC units located at
facilities with total capacity to combust between 35 mg/day (40 tons
per day), and 225 mg/day (250 tons per day) of MSW. The large
category comprised all MWC units located at facilities with total
capacity to combust greater than 250 tons per day of MSW.
---------------------------------------------------------------------------
States with existing large MWC units subject to the emission
guidelines were required to submit to EPA a plan that implements and
enforces the guidelines within 1 year after promulgation of the
guidelines, or by December 19, 1996. As stated in the proposal
preamble, the court's order that vacated the applicability of the
guidelines to small MWC units and cement kilns did not affect the due
date or the required content of State plans for Large MWC units. The
due date for State plans remained December 19, 1996. Section 129(b)(3)
of the Act requires EPA to develop, implement, and enforce a Federal
plan for large units located in States that have not submitted an
approvable plan within 2 years after promulgation of the guidelines, or
by December 19, 1997.
Today's action adopts a Federal plan for MWC units that are not yet
covered by an approved State plan. The elements of the Federal plan are
summarized in section II of this preamble. This MWC Federal plan was
proposed in the Federal Register on January 23, 1998 (63 FR 3509).
Comment letters were received through March 24, 1998. An opportunity
for public hearing was offered, but no requests were received and a
public hearing was not held. The public comments and EPA's responses
are also documented in ``Municipal Waste Combustion: Background
Information Document for Federal Plan--Public Comments and Responses''
(EPA-456/R-98-005), docket A-97-45, item III-B-1. The EPA's responses
to the public comments and changes to the regulation are also
summarized in section III of this preamble.
B. MWC Federal Plan and Affected Facilities
This MWC Federal plan affects all MWC units with a combustion
capacity greater than 250 tons per day of municipal solid waste (large
MWC units) that commenced construction on or before September 20, 1994
that are not covered by an EPA approved and currently effective State
or Tribal plan. This Federal plan, or portions thereof, also applies to
each affected facility in any State whose approved State plane is
subsequently vacated in whole or in part.
Section 129 of the Act specifies that the Federal plan applies to
MWC units located in any State that has not submitted an ``approvable''
State plan by December 19, 1997. The EPA received several State plans
before December 19, 1997 and those plans were approved; five more plans
were approved by August 15, 1998. Any MWC units covered by plans
submitted after December 19, 1997 are covered by the Federal plan until
the State plan is approved and becomes effective. An approved State
plan is a State plan that EPA has reviewed and approved based on the
requirements in 40 CFR part 60, subpart B to implement and enforce 40
CFR part 60, subpart Cb. The State plan is effective on the date
specified in the notice published in the Federal Register announcing
EPA's approval.
Today's adoption of this MWC Federal plan does not preclude a State
from submitting a State plan later. If a State submits a State plan
after today's publication of the MWC Federal plan, EPA will review and
approve or disapprove the State plan. If EPA approves the State plan,
then the Federal plan no longer applies as of the effective date of the
State plan. (See the discussion in State Submits A State Plan After
Large MWC Units in the State Are Subject to the Federal Plan in section
V of this preamble.)
Sections 62.14100 and 62.14102 of subpart FFF describe the MWC
units included and excluded from the Federal plan. The exclusion table
in Sec. 62.14102 of subpart FFF lists those units, by State, to which
the MWC Federal plan currently does not apply. The exclusion table is
provided as a matter of convenience and is not controlling in
determining whether a large MWC unit is subject to the Federal plan.
Any large MWC unit not covered by an approved and currently effective
State plan is subject to the Federal plan. As State plans are approved,
EPA will periodically amend the exclusion table in Sec. 62.14102 of
subpart FFF to identify MWC units covered in EPA-approved and currently
effective State plans.
If a large MWC unit was overlooked by a State and the State
submitted a negative declaration letter, the large unit would be
subject to this Federal plan. Also, the EPA believes that no large MWC
units are located in Indian country. In the unlikely event that a large
MWC unit is located in Indian country, then the unit would be covered
by the Federal plan, unless it is covered by an approved and currently
effective Tribal plan. The tribal Authority Rule authorizes eligible
Tribal governments to submit to EPA a section 129/111(d) State plan for
MWCs (63 FR 7254, February 12, 1998). The Tribal Authority Rule also
contains a discussion on the EPA's authority to implement Clean Air Act
programs in Indian country. See also the preamble discussion in the
Federal Operating Permits Program proposed rule published on March 21,
1997, 62 FR 13747.
C. Status of State Plans
Many States are making significant progress on their State plans.
Twenty-four States have large MWC units and require State plans. The
EPA has approved the State plans for Florida (62 FR 36995), Georgia (63
FR 27494), Illinois (62 FR 67570), Minnestoa (63 FR 43080), New York
(63 FR 41427), Oregon (62 FR 36995), South Carolina (63 FR 40046), and
Tennessee \2\ and the MWC units covered in those State plans are not
covered by the MWC Federal plan, as of the effective date specified in
the Federal Register notice announcing EPA's approval of the State
plan. The EPA expects more State plans to be approved in the next few
months. Table 1 summarizes the status of States without State plans.
The table is based on information received from EPA Regional Offices
(A-97-45, IV-J-2). The status of States without State plans as of July
27, 1998 is as follows:
\2\ Program approval of the State plan has been signed by the
Regional Administrator, but not yet published in the Federal
Register. If the approval of the State plan occurs in a timely
fashion, the State plan and not the Federal plan will apply.
However, if approval is delayed for reasons such as receipt of
adverse comments, the Federal plan will apply for the short period
until the State plan is approved. Any delay in the approval of a
State plan will be announced in the Federal Register.
---------------------------------------------------------------------------
The EPA has received a negative declaration letter from
States listed in section I of table 1 stating that there are no
large MWC units in these States; thus EPA is not expecting a State
plan to be submitted from these States. However, in the unlikely
event that there are large MWC units located in any of these States,
this Federal plan would automatically apply to them;
The EPA has received a State plan from States listed in
section II of table 1 and the State plans currently are being
reviewed by EPA. The Federal plan covers large MWC units in these
States until these State plans are approved by EPA and become
effective;
The EPA has received a State plan or a negative
declaration letter from the States listed in section III of table 1.
The large MWC
[[Page 63193]]
units in these States are subject to the MWC Federal plan until a
State plan applicable to large MWC units is approved by EPA and
become effective.
Table 1.--Status of States Without an Approved State Plan a
------------------------------------------------------------------------
State Status c
------------------------------------------------------------------------
I. Negative Declaration Submitted to EPA
------------------------------------------------------------------------
Region I:
Rhode Island.............................. A
Vermont................................... A
Region II:
Puerto Rico............................... A
Virgin Islands............................ A
Region III b:
Delaware.................................. A
District of Columbia...................... A
West Virginia............................. A
Region IV:
Kentucky.................................. A
Mississippi............................... A
North Carolina............................ A
Region V:
Wisconsin................................. A
Region VI:
Arkansas.................................. A
Louisiana................................. A
New Mexico................................ A
Texas..................................... A
Region VII:
Iowa...................................... A
Kansas.................................... A
Missouri.................................. A
Nebraska.................................. A
Region VIII:
Colorado.................................. A
Montana................................... A
North Dakota.............................. A
South Dakota.............................. A
Utah...................................... A
Wyoming................................... A
Region IX:
American Samoa............................ A
Arizona................................... A
Nevada.................................... A
Northern Mariana Islands.................. A
Region X:
Alaska.................................... A
Idaho..................................... A
------------------------------------------------------------------------
II. State plan submitted to EPA
------------------------------------------------------------------------
Region I:
Maine..................................... B
Region III:
Maryland.................................. C
Pennsylvania.............................. C
Region VI:
Oklahoma.................................. B
------------------------------------------------------------------------
III. Neither a State plan nor a negative declaration letter submitted to
EPA
------------------------------------------------------------------------
Region I:
Connecticut............................... D
New Hampshire............................. D
Massachusetts............................. D
Region II:
New Jersey................................ D
Region III:
Virginia.................................. D
Region IV:
Alabama................................... D
Region V:
Indiana................................... D
Michigan.................................. D
Ohio...................................... D
Region IX:
California................................ D
Guam...................................... D
Hawaii.................................... D
Region X:
Washington................................ D
------------------------------------------------------------------------
a Any large MWC units in these States are covered by the Federal plan.
b The City of Philadelphia and Allegheny County, Pennsylvania submitted
documentation stating that they have no municipal waste combustors
that would be subject to the emission guidelines; however, the
Pennsylvania Department of Environmental Protection submitted a State
plan.
c Status codes.
A=Negative declaration submitted. No State plan is expected. However, in
the unlikely event that large MWC units are located in any of these
States, this Federal plan would automatically apply to them.
B=State plan has been submitted and is being received by EPA. If the
plan is approved and becomes effective, MWC units covered by the State
plan would not be subject to the promulgated Federal plan.
C=State plan has been submitted, but is incomplete.
D=State plan or negative declaration submittal has not been received.
Regulated Entities
Entities regulated by this action are existing MWC units with the
capacity to combust greater than 250 tons per day of MSW unless the
unit is subject to a section 111(d)/129 State plan that has been
approved by EPA and is in effect. Today's MWC Federal plan will affect
MWC units in 15 States. However, many State plans are expected to be
approved in the next few months. Based on a 1997 MWC inventory and
recent information from EPA Regional Offices (A-97-45, IV-J-2), this
Federal plan is expected to affect MWC units in 16 States. Regulated
categories and entities include:
------------------------------------------------------------------------
Category Examples of regulated entities
------------------------------------------------------------------------
Industry and Local Government Waste-to-energy plants that generate
Agencies. electricity or steam from the combustion
of garbage by feeding municipal waste
into large furnaces.
Incinerators that combust trash but do
not recover energy from the waste.
------------------------------------------------------------------------
The foregoing table is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be regulated
by this MWC Federal plan. For specific applicability criteria, see
Secs. 62.14100 and 62.14102 of subpart FFF.
Regional Office Contracts
For information regarding the implementation of the MWC Federal
Plan, contact the appropriate EPA Regional Office as shown in table 2.
Table 2.--EPA Regional Contacts for Municipal Waste Combustors
----------------------------------------------------------------------------------------------------------------
Regional contact Phone No. Fax No.
----------------------------------------------------------------------------------------------------------------
John Courcier, U.S. EPA, Region I (Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, Vermont), John F. Kennedy Federal Bldg., Boston,
MA 02203-0001............................................................ (617) 565-9462 (617) 565-4940
Christine DeRosa, U.S. EPA, Region II (New Jersey, New York, Puerto Rico,
Virgin Islands), 290 Broadway, New York, NY 10007-1866................... (212) 637-4022 (212) 637-3901
James B. Topsale, U.S. EPA/3AP22, Region III (Delaware, District of
Columbia, Maryland, Pennsylvania, Virginia, West Virginia), 1650 Arch
Street, Philadelphia, PA 19103-2029...................................... (215) 814-2190 (215) 814-2134
Scott Davis, U.S. EPA/APTMD, Region IV (Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina, Tennessee), 345
Courtland St., N.E., Atlanta, GA 30365................................... (404) 562-9127 (404) 562-9095
[[Page 63194]]
Douglas Aburano (MN)...................................................... (312) 353-6960 (312) 886-5824
Mark Palermo (IL, IN, OH)................................................. (312) 886-6082 .................
Victoria Hayden (MI)...................................................... (312) 886-4023 .................
Charles Hatten (WI)....................................................... (312) 886-6031 .................
U.S. EPA/AT18J, Region V (Illinois, Indiana, Michigan, Minnesota,
Ohio, Wisconsin), 77 W. Jackson Blvd., Chicago, IL 60604
Mick Cote, U.S. EPA, Region VI (Arkansas, Louisiana, New Mexico, Oklahoma,
Texas), 1445 Ross Ave., Suite 1200, Dallas, TX 75202-2733................ (214) 665-7219 (214) 665-7263
Wayne Kaiser, U.S. EPA, Region VII (Iowa, Kansas, Missouri, Nebraska), 726
Minnesota Ave., Kansas City, KS 66101.................................... (913) 551-7603 (913) 551-7065
Mike Owens, U.S. EPA, Region VIII (Colorado, Montana, North Dakota, South
Dakota, Utah, Wyoming), 999 18th Street, Suite 500, Denver, CO 80202-2466 (303) 312-6440 (303) 312-6064
Patricia Bowlin, U.S. EPA/Air 4, Region IX (American Samoa, Arizona,
California, Guam, Hawaii, Northern Mariana Islands, Nevada), 75 Hawthorne
Street, San Francisco, CA 94105.......................................... (415) 744-1188 (415) 744-1076
Catherine Woo, U.S. EPA, Region X (Alaska, Idaho, Oregon, Washington),
1200 Sixth Ave., Seattle, WA 98101....................................... (206) 553-1814 (206) 553-0404
----------------------------------------------------------------------------------------------------------------
II. Required Elements of the MWC Federal Plan
Sections 111(d) and 129 of the Act, as amended, 42 U.S.C. 7411(d)
and 7429(b)(2), require States to develop and implement State plans for
MWC units to implement and enforce the promulgated emission guidelines.
Subparts B and Cb of 40 CFR part 60 require States to submit State
plans that include specified elements. Because this Federal plan is
being adopted in lieu of State plans, it includes the same essential
elements: (1) Identification of legal authority, (2) identification of
mechanisms for implementation, (3) inventory of affected facilities,
(4) emissions inventory, (5) emission limits, (6) compliance schedules,
(7) public hearing requirements, (8) reporting and recordkeeping
requirements, and (9) public progress reports. Each State plan element
was discussed in detail as it relates to the Federal plan in the
preamble to the proposed rule (63 FR 3509). The following table (Table
3) identifies each element and identifies where it is located or
codified. The EPA received public comments on the emission limits,
compliance schedules, and reporting presented in section III of this
preamble.
Table 3.--Required Elements and Location
------------------------------------------------------------------------
Require element of the MWC Federal plan Where located
------------------------------------------------------------------------
1. Identification of legal authority... Section 129(b)(3) of the Act.
2. Identification of mechanisms for Section V of this preamble.
implementation.
3. Inventory of affected facilities.... Docket A-97-45, item II-B-1.
4. Emissions inventory................. Docket A-97-45, item II-B-1.
5. Emission limits..................... 40 CFR 62.14103, 62.14106, and
62.14107 of subpart FFF.
6. Compliance schedules................ 40 CFR 62.14108 of subpart FFF.
7. Public hearing requirements......... 63 FR 3517, January 23, 1998.
8. Reporting and recordkeeping 40 CFR 62.14109 of subpart FFF.
requirements.
9. Public progress reports............. 63 FR 3517, January 23, 1998.
------------------------------------------------------------------------
III. Changes Since Proposal
This section of the preamble discusses the changes to the MWC
Federal plan resulting from public comments. The public comments
received on the proposed Federal plan are summarized and addressed in
the promulgation background information document (EPA-456/R-98-005,
docket A-97-45, III-B-1).
A. Final Control Plan Requirements
The proposed MWC Federal plan included specific requirements for
the final control plan, which must be submitted to meet the first of
five increments of progress toward retrofitting air pollution control
equipment. Commenters indicated that the detailed requirements,
including a requirement to prepare engineering drawings and
specifications, go beyond the requirements in 40 CFR part 60, subparts
B and Cb and EPA's State plan guidance document (EPA-456/R-96-003,
docket A-97-45, II-A-7). Commenters requested that EPA revise the
definition of final control plan to maintain consistency with subparts
B and Cb and the State plan guidance document. This would allow owners
and operators to better meet the increment 1 date and would be
consistent with their efforts to prepare the same material for the
State plan. In response to these comments, EPA revised the definition
of final control plan to be consistent with 40 CFR part 60, subparts B
and Cb and the State plan guidance document. The final rule requires a
control plan, which can be a letter or brief document, that describes
the controls or process changes that the source will use to comply with
the emission limits and other requirements. The EPA recognizes the
importance of maintaining consistency between the Federal plan and
previous rules and guidance. By maintaining this consistency, MWC
owners and operators will be preparing the same final control plan
whether they are subject to the Federal plan or a subsequently approved
State plan, unless the approved State plan contains requirements that
are more stringent than those in the Federal plan. The EPA's goal is to
allow owners and operators sufficient time to select a control
technology, award contracts, and begin construction to achieve
compliance by December 19, 2000.
[[Page 63195]]
B. Dates for Increments of Progress
The proposed MWC Federal plan included a generic compliance
schedule with five increments of progress toward retrofitting air
pollution control equipment. The proposed Federal plan would have
required an owner or operator to submit the final control plan
(increment 1) by September 21, 1998, award contracts (increment 2) by
May 18, 1999, begin construction (increment 3) by November 14, 1999,
finish construction (increment 4) by November 19, 2000, and achieve
final compliance (increment 5) by December 19, 2000. The EPA received
requests either to delay the increment 1 compliance date or ``float''
the increment dates relative to publication of the final rule in the
Federal Register (i.e., each date would fall a certain number of months
after publication). Commenters suggested that floating the dates would
provide flexibility that would assist in achieving final compliance.
To respond to these comments, EPA delayed the increment 1
compliance date to allow sufficient notice and a reasonable amount of
time for owners and operators to submit their control plans after the
Federal plan rule is adopted. The revised increment 1 date is 60 days
after today's publication of the Federal plan, which is about 2 months
later than the proposed date of September 21, 1998. This will allow an
owner or operator adequate time to prepare the final control plan,
which is less detailed than would have been required in the proposal.
The remaining dates (increments 2 through 5) in the generic
compliance schedule remain the same as in the proposal. These dates
were retained for two reasons. First, these dates are achievable and
they are necessary for MWC owners and operators to stay on track to
complete retrofits by December 19, 2000. Second, if alternative dates
are needed, an owner or operator may request alternative dates for
increments 2, 3, and 4 as discussed in the next section of this
preamble.
The EPA maintains that each date in the generic compliance schedule
is achievable for MWC units. The generic schedule is based on four
retrofit studies, which give a realistic estimate of the time required
for an owner or operator to retrofit control equipment and reach final
compliance. To provide maximum flexibility, the first three Federal
plan increments are based on the maximum time required by any of the
cases studied. The fourth increment was established to provide the
maximum time to retrofit and still meet the final compliance date. The
fifth and final increment is dictated by the Act. If the State or
owners or operators wish to differ from the generic compliance
schedule, they have the option of submitting alternative dates for
increments 2 through 4, as described below. Because EPA is allowing
this flexibility, EPA is not floating the generic compliance dates in
the final Federal plan and is maintaining the proposed compliance dates
for increments 2 through 5.
The EPA also maintains that MWC owners and operators have had
adequate notice to begin retrofits. MWC owners and operators have known
that they would need to install controls by December 19, 2000 since the
promulgation of the emission guidelines on December 19, 1995. In July
of 1996, EPA published the EPA State plan guidance document (EPA-456/R-
96-003) that clearly describes the increments of progress and the final
compliance date. Thus, MWC owners and operators had adequate time to
develop their final control plans, plan their increments, and begin
retrofits.
C. Options 1, 2, and 3 and Site-specific Compliance Schedules
Commenters supported EPA's approach in providing options for
establishing the dates for the five increments of progress and EPA is
retaining the proposed approach in the final Federal plan. The proposed
Federal plan included three options for establishing the increment
dates. Under option 1, a facility subject to the Federal plan would
follow the generic compliance schedule developed by EPA. Under option
2, a State could submit alternative increment dates during the comment
period that are consistent with the State plan. Under option 3, a State
or the owner or operator could submit alternative dates for increments
2 through 4 on or before the date the final control plan is due under
the generic compliance schedule. In all options, increment 1 and 5
dates must match increment 1 and 5 dates in the generic compliance
schedule. In option 2, EPA reviewed the schedules submitted during the
comment period and incorporated the approved schedules into the final
Federal plan. In option 3, EPA would review the schedules before
approving them and will periodically amend the site-specific table
(table 6 of subpart FFF) to identify the MWC units with an EPA approved
site-specific schedule.
The EPA is keeping these options to maintain consistency with State
plans and offer flexibility on intermediate increments so long as the
increment 1 and 5 dates are met. Many States exercised option 2 and
submitted site-specific compliance schedules during the comment period.
The EPA reviewed all schedules submitted by States to determine if the
schedules met the increment 1 and 5 compliance dates. The EPA reviewed
justification letters for increments 2, 3, and 4, if the dates were
later than the generic schedule. Based on this review, EPA approved the
site-specific schedules for various MWC facilities in the following
States: California, Maine, Maryland, New Jersey, Pennsylvania, and
Virginia. These approved site-specific schedules appear in table 6 of
subpart FFF. The background information document (EPA-456/R-98-005, A-
97-45, III-B-1) and a memorandum (A-97-45, IV-A-1) available in the
docket provide details on the schedules submitted by the commenters and
EPA's review process.
Note that under option 3, MWC owners or operators and States still
have the opportunity to submit site-specific alternative dates for
increments 2, 3, and 4 for approval at the time the final control plan
is due. MWC owners or operators must submit the dates and a
justification to EPA and must provide the State a copy. The EPA will
review and approve or disapprove the alternative compliance dates in a
timely manner. In order to facilitate EPA review, the site-specific
schedule requests should include a justification for the site-specific
schedule. The date for achieving final compliance for all schedules
cannot be later than December 19, 2000.
D. Compliance Dates Already Achieved
At proposal, several States without approved State plans had
submitted site-specific compliance schedules that included compliance
dates that had already been achieved. To make it clear that these
facilities must notify EPA when they meet an increment, EPA revised the
format of the site-specific compliance schedule in the final rule.
Rather than inserting ``NA'' (not applicable) for increment dates that
have been achieved, EPA is inserting an increment compliance date that
falls 60 days after publication of the final Federal plan. The owner or
operator of an MWC unit that is not covered by an EPA approved and
currently effective State plan must submit a notification to EPA
stating that the increment was met. This is the same notification as
required for all facilities subject to the Federal plan. The owner or
operator must mail the (post-marked) notification to the applicable EPA
Regional Office within 10 business days of the increment date defined
in the Federal plan. For increments that have been achieved, the
[[Page 63196]]
due date for this notification is 70 days (60 days plus 10 days) after
publication of this final rule. The EPA is requiring notification to
ensure completion of increments so the facility will meet the final
compliance deadline.
E. Subpart Cb Amended Emission Limits
This MWC Federal plan implements the emission guidelines (40 CFR
part 60, subpart Cb) for MWC units not covered by an EPA approved and
currently effective State plan. Because this Federal plan is being
adopted in lieu of State plans, it contains the same elements required
by 40 CFR part 60, subparts B and Cb. Each element is described in the
Federal plan proposal (62 FR 3509, January 23, 1998), including the
subpart Cb emission limits. Subpart Cb was amended on August 25, 1997
(62 FR 45116) to include revised emission limits for sulfur dioxide,
hydrogen chloride, lead, and nitrogen oxides. States were required to
incorporate the new limits in their State plans by August 25, 1998. The
amended emission guidelines required final compliance with the amended
emission limits no later than 5 years after promulgation (August 25,
2002), consistent with section 129 of the Act. The EPA incorporated
these revised emission limits in the proposed MWC Federal plan but
proposed final compliance by December 19, 2000.
One commenter requested that EPA stagger the compliance dates for
the amended emission limits to August 25, 2002 to be consistent with
the maximum time allowed by subpart Cb, as amended. The commenter was
concerned that there may be a significant cost associated with
requiring earlier compliance with the more strict standards. However,
the commenter was not able to provide any specific cost information.
The EPA maintains that requiring compliance with the revised limits by
December 19, 2000 does not cause significant additional burden or costs
to facilities. The same types of air pollution control technology
served as the basis for both the 1995 limits and the 1997 amended
limits: spray dryer/fabric filter or electrostatic precipitator (ESP),
carbon injection, and selective non-catalytic reduction (SNCR) for non-
refractory combustor types. Large municipal waste combustor units need
to install controls by December 19, 2000 to meet the original limits.
As soon as these controls are installed, the units will also meet the
final, amended limits. The EPA's test data used to develop the emission
guidelines show that these controls actually achieve emission levels
well below the 1995 and 1997 emission limits (docket A-89-08 and A-90-
45). The 1997 limits are only slightly different than the 1995 limits
and will not require major operational changes or significantly
increase costs. Section 129 of the Act and 40 CFR part 60, subpart B,
require compliance ``as expeditiously as practicable'' and compliance
with all limits by December 19, 2000 is practicable. Thus, EPA is not
changing the proposed final compliance date for the amended 1997 limits
from December 19, 2000.
IV. Summary of Federal Plan Emission Limits and Requirements
The MWC Federal plan (40 CFR part 62, subpart FFF), which
implements the emission guidelines, includes emission limits, operating
practice requirements, operator training and certification
requirements, and compliance and performance testing requirements.
These emission limits and requirements are the same as those in the
emission guidelines (40 CFR part 60, subpart Cb), as amended. Table 4
summarizes the requirements of the Federal plan rule (40 CFR part 62,
subpart FFF).
Table 4.--Summary of Federal Plan Requirements for Existing MWCs a b
Applicability:
The Federal plan applies to existing MWC units with capacities to
combust greater than 250 tons per day of municipal solid waste
unless the unit is subject to a section 111(d)/129 State plan that
has been approved by EPA and is currently effective.
>250 tons per day (referred to as a large MWC Subject to provisions listed below.
unit).
Good Combustion Practices:
A site-specific operator training manual is required to be
developed and made available for MWC personnel.
The EPA or a State MWC operator training course is required
to be completed by the MWC chief facility operator, shift
supervisors, and control room operators.
The ASME (or State-equivalent) provisional and full
operator certification is required to be obtained by the MWC chief
facility operator (mandatory), shift supervisors (mandatory), and
control room operators (optional).
The MWC load level is required to be measured and not to
exceed 100 percent of the maximum load level measured during the
most recent dioxin/furan performance test.
The maximum PM control device inlet flue gas temperature is
required to be measured and not to exceed the temperature 17 deg.C
above the maximum temperature measured during the most recent
dioxin/furan performance test.
The CO level is required to be measured using a CEMS, and
the concentration in the flue gas is required not to exceed the
following:
Modular starved-air and 50 ppmv................... 4-hour.
excess-air.
Mass burn waterwall and 100 ppmv.................. 4-hour.
refractory.
Mass burn rotary refractory.. 100 ppmv.................. 24-hour.
Fluidized-bed combustion..... 100 ppmv.................. 4-hour.
Pulverized coal/RDF mixed 150 ppmv.................. 4-hour.
fuel-fired.
Spreader stoker coal/RDF 200 ppmv.................. 24-hour.
mixed fuel-fired.
RDF stoker................... 200 ppmv.................. 24-hour.
Mass burn rotary waterwall... 250 ppmv.................. 24-hour.
MWC Organic Emissions
(measured as total mass
dioxins/furans):
Dioxins/furans
(performance test by EPA
Reference Method 23).
MWC units utilizing an ESP-based air 60 ng/dscm total mass
pollution control system. (mandatory) or 15 ng/dscm
total mass (optional to
qualify for less frequent
testing),c.
MWC units utilizing a nonESP-based air 30 ng/dscm total mass
pollution control system. (mandatory) or 15 ng/dscm
total mass (optional to
qualify for less frequent
testing),c.
Basis for dioxin/furan limits GCP and SD/ESP or GCP and SD/
FF, as specified above.
MWC Metal Emissions:
PM (performance test by EPA Reference Method 5).
[[Page 63197]]
27 mg/dscm (0.012 gr/dscf).
Opacity (performance test by EPA Reference Method 9).
10 percent (6-minute average).
Cd (performance test by EPA Reference Method 29).0.040 mg/
dscm (18 gr/million dscf).
Pb (performance test by EPA Reference Method 29).
0.44 mg/dscm (200 gr/million dscf).
Hg (performance test by EPA Reference Method 29).
0.080 mg/dscm (35 gr/million dscf) or 85-percent reduction in Hg
emissions.
Basis for PM, opacity, Cd, Pb, and Hg limits GCP and SD/ESP/
CI or GCP and SD/FF/CI.
MWC Acid Gas Emissions:
SO2 (performance test by CEMS).
29 ppmv or 75-percent reduction in SO2 emissions.
HCl (performance test by EPA Reference Method 26).
29 ppmv or 95-percent reduction in HCl emissions.
Basis for SO2 and HCl limits.
See basis for MWC metals.
Nitrogen Oxides Emissions:
NOX (performance
test by CEMS):
Mass burn waterwall.. 205 ppmv.
Mass burn rotary 250 ppmv.
waterwall.
Refuse-derived fuel 250 ppmv.
combustor.
Fluidized bed 180 ppmv.
combustor.
Mass burn refractory. No NOX control requirement.
Basis for NOX
limits:
MWC units except SNCR.
refractory.
Refractory MWC units. No NOX control requirement.
Fugitive Ash Emissions:
Fugitive emissions (performance test by EPA Reference
Method 22).
Visible emissions 5 percent of the time from ash transfer
systems except for maintenance and repair activities.
Basis for fugitive Wet ash handling or enclosed
emission limit. ash handling.
Performance Testing and Monitoring
Requirements:
Reporting frequency....... Annual (semiannual if
violation).
Load, flue gas temperature Continuous monitoring, 4-hour
block arithmetic average.
CO........................ CEMS, 4-hour block or 24-hour
daily arithmetic average, as
applicable.
Dioxins/furans, PM, Cd, Annual stack test.
Pb, HCl, and Hg.
Opacity................... COMS (6-minute average) and
annual stack test.
SO2....................... CEMS 24-hour daily geometric
mean.
Fugitive ash emissions Annual test
NOX....................... CEMS, 24-hour daily arithmetic
average.
Compliance Schedule:
See Section III of this preamble
and 40 CFR part 62, subpart FFF.
a All concentration levels in the table are converted to 7 percent O2,
dry basis.
b List of acronyms and abbreviations.
ASME--American Society of Mechanical Engineers.
C--Celsius.
Cd--cadmium.
CEMS--continuous emissions monitoring system.
CI--carbon injection.
CO--carbon monoxide.
COMS--continuous opacity monitoring system.
ESP--electrostatic precipitator.
FF--fabric filter.
gr/dscm--grains per dry standard cubic meter.
Hg--mercury.
MSW--municipal solid waste.
MWC--municipal waste combustor.
ng/dscm--nanograms per dry standard cubic meter.
NOX--nitrogen oxides.
O2--oxygen.
Pb--lead.
PM--particulate matter.
RDF--refuse-derived fuel.
SD--spray dryer.
SNCR--selective noncatalytic reduction.
TEQ--toxic equivalency.
c Although not part of the dioxin/furan limit, the dioxin/furan total
mass limits of 30 ng/dscm and 60 ng/dscm are equal to about 0.3 to 0.8
ng/dscm TEQ and 0.7 to 1.4 ng/dscm TEQ, respectively. The optional
reduced testing limit of 15 ng/dscm total mass is equal to about 0.1
to 0.3 ng/dscm TEQ.
V. Implementation of Federal Plan and Delegation
A. Background of Authority
Under sections 111(d) and 129 of the Act, the EPA is required to
adopt emission guidelines that are applicable to existing solid waste
incineration sources. The emission guidelines are not enforceable,
however, until the EPA approves a State plan or adopts a Federal plan
for implementing and enforcing them, and the State or Federal plan has
become effective. In cases where a State has not submitted an
approvable plan, the EPA must adopt a MWC Federal plan for sources in
the State as an interim measure to
[[Page 63198]]
implement the emission guidelines until a State plan is approved and
becomes effective. A few States may not submit a State plan at all.
Congress has determined that the primary responsibility for air
pollution prevention and control rests with State and local agencies.
(See section 101(a)(3) of the Act.) Consistent with that overall
determination, Congress established sections 111 and 129 of the Act
with the intent that the States and local agencies take the primary
responsibility for ensuring that the emission limitations and other
requirements in the emission guidelines are achieved. Congress
explicitly required that EPA establish procedures under section 111(d)
that are similar to those under section 110(c) for State Implementation
Plans. Congress has shown a consistent intent for the States and local
agencies to hold the primary responsibility to implement and enforce
the requirements of the emission guidelines. Congress has also required
EPA to promulgate a Federal plan for States that fail to submit
approvable State plans in time. Accordingly, EPA has strongly
encouraged the States to submit approvable State plans on time, and for
those States that are unable to submit approvable State plans on time,
EPA strongly encourages them to request delegation of the Federal plan
so that they can have the primary responsibility in their State,
consistent with Congress' overarching intent.
The EPA believes, more specifically, that the State and local
agencies have the responsibility to design, adopt, and implement the
control programs needed to meet the requirements of the MWC rules and
the MWC Federal plan. The EPA also believes that these agencies possess
appropriate enforcement resources and other practical advantages to
ensure the highest rates of actual compliance in the field. For these
reasons, EPA seeks to employ all available mechanisms to expedite
program transfer to State and local agencies, where requests for
delegations can be granted. For example, the EPA has encouraged States
to help determine compliance schedules and to provide operator training
and certification requirements for this MWC Federal plan.
B. Delegation of the Federal Plan
For a State to request delegation of the Federal plan, the State
must submit to the appropriate EPA Regional Administrator a written
request for delegation of authority. The State must explain how the
State meets the criteria for delegation. The minimum criteria include a
demonstration that adequate resources and legal and enforcement
authority to administer and enforce the program exist in the State
requesting the delegation. If the State meets these criteria, EPA will
approve the delegation of the Federal plan and will announce the
approval of the delegation in a Federal Register notice. A Memorandum
of Agreement between the appropriate EPA Regional Office and the State
would set forth the terms and conditions of the delegation and would be
used to transfer authority.
An MWC owner or operator not covered by a State plan can submit
requests for approvals to EPA directly and should copy the State on the
request until the Federal Plan is delegated to the State. Actions that
cannot be delegated, such as the approval of requests for waivers of
operator training, should be sent to EPA and copied to the State. The
EPA would, in conjunction with the State, make efforts to ensure that
affected units are aware that the State has been delegated
responsibility for implementation of the Federal Plan. The status of
Federal plan delegations to the States will be posted on the EPA TTN
Web Website: http://www.epa.gov/ttn/oarpg, along with an up-to-date
list of State plan submittals.
The EPA will continue to implement the Federal plan if a State does
not qualify to take delegation. If a State fails to implement the
delegated portion of the Federal plan, EPA will take responsibility for
direct implementation and enforcement of the Federal rule. For all
delegations, the EPA would still retain the authority to approve an
alternative ``as protective as'' emission standard, major alternatives
to test methods, major alternatives to monitoring or waiver of
recordkeeping, or waiver of operator training and certification. Major
alternatives include entirely new methods or alternative test methods
or monitoring methods that use unproven technology or procedures. The
EPA does not relinquish enforcement authority even when a State has
received delegation.
C. Mechanisms for Transferring Authority
There are three mechanisms for transferring implementation
responsibility to State and local agencies: (1) If EPA approves a State
plan submitted to EPA after the Federal plan is adopted, the State
would by definition have authority to enforce and implement its State
plan in lieu of the Federal plan upon the effective date of EPA's
approval; (2) if a State does not submit and/or obtain approval of a
State plan, EPA can delegate the authority to the State to perform
certain implementation responsibilities for the Federal plan to the
extent requested by the State and allowed by State law; and (3) if a
State plan is modified such that it is no longer as protective as the
emission guidelines, and thus EPA does not approve these less
protective provisions of the State plan, then EPA could encourage the
State to request delegation of the MWC Federal plan. Each of these
different options is described in more detail below.
1. State Submits a State Plan After Large MWC Units Located in the
State Are Subject to the Federal Plan
After an MWC unit in a particular State becomes subject to this
Federal plan, the State may still adopt and submit to EPA for approval
a State plan which contains all the required elements of a State plan.
The EPA will determine if the State plan is as protective as the
emission guidelines. If EPA determines that the State plan is not as
protective as the guidelines, EPA will disapprove the plan. Large MWC
units covered in the State plan remain subject to the Federal plan. If
EPA determines that the State plan is as protective as the emission
guidelines, EPA will approve the State plan. The State will implement
and enforce the State plan in lieu of the Federal plan. The approval of
the State plan automatically conveys to a State the responsibility for
the 1995 emission guidelines, as amended, through the State plan
mechanism as intended by Congress.
The EPA will periodically amend the Federal plan exclusion table to
identify State that have approved State plans. MWC units covered in
those approved and effective State plans are not subject to the Federal
plan. The State plan is effective on the date specified in the notice
publsihed in the Federal Register announcing EPA's approval, whether or
not the exclusion table has been revised.
2. State Takes Delegation of the Federal Plan
As a matter of convenience, States that do not have an approved
State plan in effect can request responsibilities for implementing the
Federal plan. The EPA believes that it is advantageous and the best use
of resources for the State to agree to undertake administrative and
substantive roles in implementing the Federal plan to the maximum
extent allowed by law. These roles could include as a minimum:
administration and oversight of compliance reporting and recordkeeping
requirements, conduct of source inspections, and preparation of draft
notices of violation. For some situations, the EPA could
[[Page 63199]]
retain primary responsibility for bringing enforcement actions against
sources violating Federal plan provisions. These roles could include
delegation of all substantive actions, including primary responsibility
for enforcement of the requirements, as allowed by State law and
approved by EPA.
3. An approved State Plan is No Longer as Protective as the Emission
Guidelines
The EPA could also delegate portions of the Federal plan to a State
for special circumstances. An example would be a State with an approved
State plan that only contains the 1995 emission limits. This State plan
must incorporate the revised emission limits by August 25, 1998. If a
State plan does not incorporate the amended emission limits by that
date, the State plan would no longer be as protective as the emission
guidelines. Rather than withdrawing its approval of the entire State
plan, the EPA could, to the extent authorized by State law, delegate
that portion of the Federal plan containing the revised emission limits
(from the August 25, 1997 amendments) to the State. The State would
have responsibility for implementation and enforcement of all MWC
requirements, including those in the partially delegated Federal Plan.
In the proposed Federal plan preamble EPA proposed another option
for the delegation of the Federal plan in which a State adopts a State
rule but does not submit a State plan. After considering all other
proposed options, (e.g. the subsequent approval of a State plan, and
the straight delegation of the Federal plan), EPA determined that this
option was unnecessary, and could potentially result in the need to
make equivalency determinations that would be resource intensive and
complex to administer. The EPA believes that the preferred way to
implement and enforce the emission guidelines after the State has
adopted a State rule is for the State to submit a State plan that
includes the State rule or other enforceable mechanism, as well as the
other required elements of an approvable State plan. Upon EPA approval
of the State plan that includes the enforceable mechanism, both the
State and ETA are vested with full authority. Upon the effective date
of EPA's approval of the State plan, the Federal plan will no longer
apply to MWC units covered by the State plan.
VI. Title V
All MWC sources subject to this MWC Federal plan must obtain a
title V permit. Title V permits issued to these sources must include
all applicable requirements of this Federal plan. (See 40 CFR 70.2 and
71.2.) The permit must also contain all necessary terms and conditions
to assure compliance with the applicable requirements.
If a source is subject to both State and Federal plan requirements
due to, for example, the delegation options outlined above, then the
source's permit must contain the applicable provisions from each plan.
Given that a title V permit for a MWC source may contain both State and
Federal provisions, it is especially important that each title V permit
issued to a MWC source clearly state the basis for each requirement
consistent with 40 CFR 70.6(a)(1)(i) and 71.6(a)(1)(i).
VII. Administrative Requirements
Since today's promulgated rule simply implements the MWC emission
guidelines (40 CFR part 60, subpart Cb) promulgated on December 19,
1995 (60 FR 65387) and amended on August 25, 1997 (62 FR 45116) as they
apply to large MWC units and does not impose any new requirements, much
of the following discussion of administrative requirements refers to
the documentation of applicable administrative requirements as
discussed in the preamble to the 1995 rule.
A. Docket
The docket is an organized and complete file of all the information
considered by EPA in the development of this rulemaking. The docket is
a dynamic file, since material is added throughout the rulemaking
development. The docketing system is intended to allow members of the
public to identify and locate documents so that they can effectively
participate in the rulemaking process. Along with the proposed and
promulgated rule and EPA responses to significant comments, the
contents of the docket will serve as the record in case of judicial
review [see 42 U.S.C. 7607(d)(7)(A)]. Docket numbers A-89-08 and A-90-
45 contain the supporting information for the December 19, 1995 and
August 25, 1997 emission guidelines. Because this promulgated rule
implements the emission guidelines, these same dockets also contain the
supporting information for this rulemaking. Public comments received on
the proposed rule for this rulemaking and additional supporting
information are included in docket number A-97-45.
B. Paperwork Reduction Act
The information collection requirements in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request (ICR) document has been prepared by EPA
(ICR No. 1847.01) and a copy may be obtained from Sandy Farmer by mail
at OPPE Regulatory Information Division; U.S. Environmental Protection
Agency (2137); 401 M St., S.W.; Washington, DC 20460, by e-mail at
farmer.sand@epamail.epa.gov, or by calling (202) 260-2740. A copy may
also be downloaded off the internet at http://www.epa.gov/icr. The
information requirements are not effective until OMB approves them.
The information required under this rule is needed by the Agency to
ensure that the MWC Federal plan requirements are implemented and are
complied with on a continuous basis. Required records and reports are
necessary to identify MWC units that may not be in compliance with the
MWC Federal plan requirements. Based on reported information, EPA will
decide which units should be inspected and what records or processes
should be inspected. The records that owners and operators of units
maintain will indicate whether MWC personnel are operating and
maintaining control equipment properly.
The EPA based its ICR calculations on a 1997 MWC inventory (A-97-
45, II-B-1) and information from EPA Regional Offices (A-97-45, IV-J-
1). As of June 1998 when the ICR was submitted, the Federal plan was
projected to affect 135 MWC units at 56 plants located in 19 States.
The EPA expected that 12 additional State plans would be approved
within the year following promulgation and four additional State plans
will be approved within 2 years following promulgation. (Since June
1998, the EPA has approved 4 additional State plans.) When a State plan
is approved and becomes effective, the Federal plan no longer applies
to MWC units covered in that State plan; therefore, the estimated
burden will continue to decrease. The estimated annual burden for
industry averaged over the first 3 years after the implementation of
the Federal plan is 16,907 hours annually at a cost of $6,285,923
(including $657,885 in labor costs) per year to meet the monitoring,
recordkeeping, and reporting requirements. The estimated annual burden
for the Agency averaged over the first 3 years would be 2,850 hours at
a cost of $115,003 (including travel expenses) per year.
Burden means total time, effort, or financial resources expended by
persons
[[Page 63200]]
to generate, maintain, retain, 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 are listed in 40 CFR part
9 and 48 CFR part 15.
Send comments on the Agency's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden, including through the use of
automated collection techniques to the Director, OPPE Regulatory
Information Division; U.S. Environmental Protection Agency (2137); 401
M St., S.W.; Washington, DC 20460; and to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th St.,
N.W., Washington, DC 20503, marked ``Attention: Desk Officer for EPA.''
Comments are requested by December 14, 1998. Include the ICR number in
any correspondence.
C. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to OMB review and the requirements of the Executive
Order. The EPA and OMB determine that this regulatory action is ``not
significant'' under Executive Order 12866. This promulgated Federal
plan simply implements the 1995 MWC emission guidelines (as amended in
1997) and does not result in any additional control requirements or
impose any additional costs above those previously considered during
promulgation of the 1995 MWC emission guidelines. The EPA considered
the 1995 emission guidelines and standards to be significant and the
rules were reviewed by OMB in 1995 (see 60 FR 65405).
D. Unfunded Mandates Reform Act of 1995
Under section 202 of the Unfunded Mandates Act of 1995, signed into
law on March 22, 1995, EPA must prepare a budgetary impact statement to
accompany any rule where the estimated costs to State, local or tribal
governments in the aggregate, or to the private sector, will be $100
million or more in any 1 year. Section 203 requires EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule. Under section 205, the
EPA must select the most cost-effective and least burdensome
alternative that achieves the objectives of the rule and is consistent
with statutory requirements. An unfunded mandates statement was
prepared and published in the 1995 promulgation notice for the emission
guidelines and standards (see 60 FR 65405 to 65412).
The EPA has determined that this promulgated Federal plan does not
include any new Federal mandates or additional requirements above those
previously considered during promulgation of the 1995 MWC emission
guidelines. Therefore, the requirements of the Unfunded Mandates Act do
not apply to this promulgated rule.
E. Regulatory Flexibility Act/Small Business Regulatory Enforcement
Fairness Act of 1996
The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601, et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA), requires Federal agencies to give special
consideration to the impacts of regulations on small entities, which
are defined as small businesses, small organizations, and small
governments. During the 1995 MWC emission guidelines rulemaking, EPA
estimated that few, if any, small entities would be affected by the
promulgated guidelines and standards, and therefore, a regulatory
flexibility analysis was not required (see 60 FR 65413). This final
Federal plan does not establish any new requirements. Therefore,
pursuant to the provisions of 5 U.S.C. 605(b), EPA certifies that this
Federal plan will not have a significant impact on a substantial number
of small entities, and a regulatory flexibility analysis is not
required.
F. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the SBREFA of 1996, generally provides that before a rule may take
effect, the Agency adopting 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 submitted 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 this rule in the Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
G. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (the NTTAA), Pub. L. No. 104-113, Sec. 12(d) (15 U.S.C. 272
note), directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, business practices, etc.) that are developed or
adopted by voluntary consensus standard bodies. The NTTAA requires the
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
This promulgated MWC Federal plan does not establish any new
requirements for MWC units. Therefore, the requirements of the NTTAA
are not applicable to this final rule.
H. Executive Order 12875
To reduce the burden of Federal regulations on States and small
governments, the President issued Executive Order 12875, entitled
Enhancing the Intergovernmental Partnership, on October 26, 1993.
Executive Order 12875 prohibits the EPA, to the extent feasible and
permitted by the law, from promulgating any regulation that is not
required by statute and creates a mandate upon a State, local, or
Tribal government unless the Federal government provides the funds
necessary to pay the direct costs incurred by the State, local, or
Tribal government in complying with the mandate. If the mandate is
unfunded, the EPA must provide the Office of Management and Budget a
description of the extent of EPA's prior consultation with
representatives of affected State, local, or Tribal governments, the
nature of those entities' concerns, any written communications
submitted to EPA by
[[Page 63201]]
such units of government and the EPA's position supporting the need to
issue the regulation. Executive Order 12875 further requires EPA to
develop an effective process to permit elected officials and other
representatives of State, local, and Tribal governments, ``to provide
meaningful and timely input in the development of regulatory proposals
containing the significant unfunded mandates.''
The EPA has determined that this promulgated Federal plan does not
include any new Federal mandates or additional requirements above those
previously considered during promulgation of the 1995 MWC emissions
guidelines. Accordingly, the requirements of Executive Order 12875 do
not apply. However, to ensure a smoother transition for facilities that
are initially covered by the Federal plan but are later covered by a
State plan, EPA has involved State and local governments in the
development of this rule. During development of the Federal plan, EPA
worked with the Regional Offices to identify and address State issues.
The EPA invited States to identify State operator training and
certification to be incorporated in the Federal plan and is, as a
result, incorporating the Connecticut and Maryland State certifications
for MWC operators and the Connecticut State operator training course.
In addition, EPA requested compliance schedules from States that want a
schedule in the Federal plan consistent with the State plan until the
State plan becomes effective. Nine States submitted compliance
schedules. Also, the EPA received comments from ten States and local
agencies and considered them in developing the final rule.
I. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian Tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities''.
The Federal plan adopted today does not significantly or uniquely
affect communities of Indian tribal governments. As noted previously in
this preamble, EPA believes that no large MWC units are located in
Indian country. In addition, the EPA has determined that this
promulgated Federal plan does not include any new Federal mandates or
additional requirements above those previously considered during
promulgation of the 1995 MWC emission guidelines. (See the discussion
in Executive Order 12875 in this section.) Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this rule.
J. Executive Order 13045
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), applies to any rule that the EPA determines (1) is economically
significant as defined under Executive Order 12866, and (2) the
environmental health or safety risk addressed by the rule has a
disproportionate effect on children. If the regulatory action meets
both criteria, then 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.
This final rule is not subject to Executive Order 13045 because it
is not an economically significant regulatory action as defined by
Executive Order 12866, and it does not address an environmental health
or safety risk that would have a disproportionate effect on children.
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Report and
recordkeeping requirements, Incorporation by reference.
Dated: October 30, 1998.
Carol M. Browner,
Administrator.
For reasons set out in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:
PART 62--[AMENDED]
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Amend Sec. 62.02 by revising paragraph (a) and adding paragraph
(g) to read as follows:
Sec. 62.02 Introduction.
(a) This part sets forth the Administrator's approval and
disapproval of State plans for the control of pollutants and facilities
under section 111(d), and section 129 as applicable, of the Act, and
the Administrator's promulgation of such plans or portions of plans
thereof. Approval of a plan or any portion of a plan is based on a
determination by the Administrator that it meets the requirements of
section 111(d), and section 129 as applicable, of the Act and
provisions of part 60 of this chapter.
* * * * *
(g) Substitute plans promulgated by the Administrator for States
that do not have approved plans are contained in separate subparts that
appear after the subparts for States. These Federal plans include
sections identifying the applicability of the plan, emission limits,
compliance schedules, recordkeeping and reporting, performance testing,
and monitoring requirements.
3. Amend subpart A by adding Sec. 62.13 to read as follows:
Sec. 62.13 Federal plans.
The Federal plans apply to owners and operators of affected
facilities that are not covered by an EPA approved and currently
effective State or Tribal plan. This Federal plan, or portions thereof,
also applies to each affected facility located in any State or portion
of Indian country whose approved State or Tribal plan for that area is
subsequently vacated in whole or in part. Affected facilities are
defined in each Federal plan.
(a) The substantive requirements of the municipal waste combustor
Federal plan are contained in subpart FFF of this part. These
requirements include emission limits, compliance schedules, testing,
monitoring, and reporting and recordkeeping requirements.
(b) The substantive requirements of the municipal solid waste
landfills Federal plan are contained in subpart GGG of this part. These
requirements include emission limits, compliance schedules, testing,
monitoring, and reporting and recordkeeping requirements.
(c) Medical waste incinerator Federal plan. [Reserved]
[[Page 63202]]
4. Amend part 62 by adding and by reserving subparts DDD and EEE as
follows:
Subpart DDD--[Reserved]
Subpart EEE--[Reserved]
5. Amend part 62 by adding subpart FFF consisting of Secs. 62.14100
through 62.14109 to read as follows:
Subpart FFF--Federal Plan Requirements for Large Municipal Waste
Combustors Constructed on or Before September 20, 1994
Sec.
62.14100 Scope and delegation of authority.
62.14101 Definitions.
62.14102 Affected facilities.
62.14103 Emission limits for municipal waste combustor metals, acid
gases, organics, and nitrogen oxides.
62.14104 Requirements for municipal waste combustor operating
practices.
62.14105 Requirements for municipal waste combustor operating
training and certification.
62.14106 Emission limits for municipal waste combustor fugitive ash
emissions.
62.14107 Emission limits for air curtain incinerators.
62.14108 Compliance schedules.
62.14109 Reporting and recordkeeping, and compliance and
performance testing.
Table 1 of Subpart FFF--Units Excluded From Subpart FFF
Table 2 of Subpart FFF--Nitrogen Oxides Requirements for Affected
Facilities
Table 3 of Subpart FFF--Municipal Waste Combustor Operating
Requirements
Table 4 of Subpart FFF--Generic Compliance Schedules and Increments
of Progress (Pre-1987 MWCs)
Table 5 of Subpart FFF--Generic Compliance Schedules and Increments
of Progress (Post-1987 MWCs)
Table 6 of Subpart FFF--Site-specific Compliance Schedules and
Increments of Progress
Subpart FFF--Federal Plan Requirements for Large Municipal Waste
Combustors Constructed on or Before September 20, 1994
Sec. 62.14100 Scope and delegation of authority.
(a) This subpart contains emission requirements and compliance
schedules for the control of pollutants from certain municipal waste
combustors in accordance with section 111(d) and section 129 of the
Clean Air Act and 40 CFR part 60, subparts B and Cb. This municipal
waste combustor Federal plan applies to each affected facility as
defined in Sec. 62.14102 that is not covered by an EPA approved and
currently effective State or Tribal plan. This Federal plan, or
portions thereof, also applies to each affected facility in any State
whose approved State plan is subsequently vacated in whole or in part.
This Federal plan, or portions thereof, also applies to each affected
facility located in Indian country if the approved Tribal plan for that
area is subsequently vacated in whole or in part.
(b) The following authorities shall be retained by the EPA
Administrator and not transferred to the State upon delegation of
authority to the State to implement and enforce the Federal plan:
(1) An alternative emission standard;
(2) Major alternatives to test methods;
(3) Major alternatives to monitoring;
(4) Waiver of recordkeeping; and
(5) Waiver of training requirement for chief facility operators,
shift supervisors, and control room operators who have obtained
provisional certification on or before the effective date of this
subpart, as provided in Sec. 62.14105(d)(2) of this subpart.
Sec. 62.14101 Definitions.
Terms used but not defined in this subpart have the meaning given
to them in the Clean Air Act and 40 CFR part 60, subparts A, B, and Eb.
Contract means a legally binding agreement or obligation that
cannot be canceled or modified without substantial financial loss.
De-rate means to make a permanent physical change to the municipal
waste combustor unit that reduces the maximum combustion capacity of
the unit to less than or equal to 250 tons per day of municipal solid
waste. A permit restriction or a change in the method of operation does
not qualify as de-rating. (See the procedures specified in 40 CFR
60.58b(j) of subpart Eb for calculating municipal waste combustor unit
capacity.)
EPA approved State plan means a State plan that EPA has reviewed
and approved based on the requirements in 40 CFR part 60, subpart B to
implement and enforce 40 CFR part 60, subpart Cb. An approved State
plan becomes effective on the date specified in the notice published in
the Federal Register announcing EPA's approval.
Municipal waste combustor plant means one or more affected
facilities (as defined in Sec. 62.14102) at the same location.
Protectorate means American Samoa, the Commonwealth of Puerto Rico,
the District of Columbia, Guam, the Northern Mariana Islands, and the
Virgin Islands.
State means any of the 50 United States and the protectorates of
the United States.
State plan means a plan submitted pursuant to section 111(d) and
section 129(b)(2) of the Clean Air Act and 40 CFR part 60, subpart B
that implements and enforces 40 CFR part 60, subpart Cb.
Tribal plan means a plan submitted by a Tribal Authority pursuant
to 40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40
CFR part 60, subpart Cb.
Sec. 62.14102 Affected facilities.
(a) The affected facility to which this subpart applies is each
municipal waste combustor unit with a capacity to combust greater than
250 tons per day of municipal solid waste for which construction was
commenced on or before September 20, 1994, that is not regulated by an
EPA approved and currently effective State or Tribal plan. Table 1 of
this subpart lists those units regulated by an EPA approved State plan.
Notwithstanding the exclusions in table 1 of this subpart, this subpart
applies to affected facilities not regulated by an EPA approved and
currently effective State or Tribal plan.
(b) A municipal waste combustor unit regulated by an EPA approved
and currently effective State or Tribal plan is not regulated by this
subpart.
(c) Any municipal waste combustor unit that has the capacity to
combust more than 250 tons per day of municipal solid waste and is
subject to a Federally enforceable permit limiting the maximum amount
of municipal solid waste that may be combusted in the unit to less than
11 tons per day is not subject to this subpart if the owner or
operator:
(1) Notifies the EPA Administrator of an exemption claim;
(2) Provides a copy of the Federally enforceable permit that limits
the firing of municipal solid waste to less than 11 tons per day; and
(3) Keeps records of the amount of municipal solid waste fired on a
daily basis.
(d) Physical or operational changes made to an existing municipal
waste combustor unit primarily for the purpose of complying with the
emission requirements of this subpart are not considered in determining
whether the unit is a modified or reconstructed facility under 40 CFR
part 60, subpart Ea or subpart Eb.
(e) A qualifying small power production facility, as defined in
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that
burns homogeneous waste (such as automotive tires or used oil, but not
including refuse-derived fuel) for the production of electric energy is
not subject to this subpart if the owner or operator of the facility
notifies the EPA Administrator of this exemption and provides data
[[Page 63203]]
documenting that the facility qualifies for this exemption.
(f) A qualifying cogeneration facility, as defined in section
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns
homogeneous waste (such as automotive tires or used oil, but not
including refuse-derived fuel) for the production of electric energy
and steam or forms of useful energy (such as heat) that are used for
industrial, commercial, heating, or cooling purposes, is not subject to
this subpart if the owner or operator of the facility notifies the EPA
Administrator of this exemption and provides data documenting that the
facility qualifies for this exemption.
(g) Any unit combusting a single-item waste stream of tires is not
subject to this subpart if the owner or operator of the unit:
(1) Notifies the EPA Administrator of an exemption claim; and
(2) Provides data documenting that the unit qualifies for this
exemption.
(h) Any unit required to have a permit under section 3005 of the
Solid Waste Disposal Act is not subject to this subpart.
(i) Any materials recovery facility (including primary or secondary
smelters) that combusts waste for the primary purpose of recovering
metals is not subject to this subpart.
(j) Any cofired combustor, as defined under 40 CFR 60.51b of
subpart Eb that meets the capacity specifications in paragraph (a) of
this section is not subject to this subpart if the owner or operator of
the cofired combustor:
(1) Notifies the EPA Administrator of an exemption claim;
(2) Provides a copy of the Federally enforceable permit (specified
in the definition of cofired combustor in this section); and
(3) Keeps a record on a calendar quarter basis of the weight of
municipal solid waste combusted at the cofired combustor and the weight
of all other fuels combusted at the cofired combustor.
(k) Air curtain incinerators, as defined under 40 CFR 60.51b, that
meet the capacity specifications in paragraph (a) of this section, and
that combust a fuel stream composed of 100 percent yard waste are
exempt from all provisions of this subpart except the opacity standard
under Sec. 62.14107, and the testing procedures and the reporting and
recordkeeping provisions under Sec. 62.14109.
(l) Air curtain incinerators that meet the capacity specifications
in paragraph (a) of this section and that combust municipal solid waste
other than yard waste are subject to all provisions of this subpart.
(m) Pyrolysis/combustion units that are an integrated part of a
plastics/rubber recycling unit (as defined in 40 CFR 60.51b) are not
subject to this subpart if the owner or operator of the plastics/rubber
recycling unit keeps records of the weight of plastics, rubber, and/or
rubber tires processed on a calendar quarter basis; the weight of
chemical plant feedstocks and petroleum refinery feedstocks produced
and marketed on a calendar quarter basis; and the name and address of
the purchaser of the feedstocks. The combustion of gasoline, diesel
fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke,
liquefied petroleum gas, propane, or butane produced by chemical plants
or petroleum refineries that use feestocks produced by plastics/rubber
recycling units are not subject to this subpart.
(n) Cement kilns firing municipal solid waste are not subject to
this subpart.
Sec. 62.14103 Emission limits for municipal waste combustor metals,
acid gases, organics, and nitrogen oxides.
(a) The emission limits for municipal waste combustor metals are
specified in paragraphs (a)(1) through (a)(3) of this section.
(1) The owner or operator of an affected facility must not cause to
be discharged into the atmosphere from that affected facility any gases
that contain: particulate matter in excess of 27 milligrams per dry
standard cubic meter, corrected to 7 percent oxygen; and opacity in
excess of 10 percent (6-minute average).
(2) The owner or operator of an affected facility must not cause to
be discharged into the atmosphere from that affected facility any gases
that contain: cadmium in excess of 0.040 milligrams per dry standard
cubic meter, corrected to 7 percent oxygen; and lead in excess of 0.44
milligrams per dry standard cubic meter, corrected to 7 percent oxygen.
(3) The owner or operator of an affected facility must not cause to
be discharged into the atmosphere from that affected facility any gases
that contain mercury in excess of 0.080 milligrams per dry standard
cubic meter or 15 percent of the potential mercury emission
concentration (85-percent reduction by weight), corrected to 7 percent
oxygen, whichever is less stringent.
(b) The emission limits for municipal waste combustor acid gases,
expressed as sulfur dioxide and hydrogen chloride, are specified in
paragraphs (b)(1) and (b)(2) of this section.
(1) The owner or operator of an affected facility must not cause to
be discharged into the atmosphere from that affected facility any gases
that contain sulfur dioxide in excess of 29 parts per million by volume
or 25 percent of the potential sulfur dioxide emission concentration
(75-percent reduction by weight or volume), corrected to 7 percent
oxygen (dry basis), whichever is less stringent. Compliance with this
emission limit is based on a 24-hour daily geometric mean.
(2) The owner or operator of an affected facility must not cause to
be discharged into the atmosphere from that affected facility any gases
that contain hydrogen chloride in excess of 29 parts per million by
volume or 5 percent of the potential hydrogen chloride emission
concentration (95-percent reduction by weight or volume), corrected to
7 percent oxygen (dry basis), whichever is less stringent.
(c) The owner or operator of an affected facility must not cause to
be discharged into the atmosphere from that affected facility any gases
that contain municipal waste combustor organics, expressed as total
mass dioxins/furans, in excess of the emission limits specified in
either paragraph (c)(1) or (c)(2) of this section, as applicable.
(1) The emission limit for affected facilities that employ an
electrostatic precipitator-based emission control system is 60
nanograms per dry standard cubic meter (total mass), corrected to 7
percent oxygen.
(2) The emission limit for affected facilities that do not employ
an electrostatic precipitator-based emission control system is 30
nanograms per dry standard cubic meter (total mass), corrected to 7
percent oxygen.
(d) The owner or operator of an affected facility must not cause to
be discharged into the atmosphere from that affected facility any gases
that contain nitrogen oxides in excess of the emission limits listed in
table 2 of this subpart for affected facilities. Table 2 of this
subpart provides emission limits for the nitrogen oxides concentration
level for each type of affected facility.
Sec. 62.14104 Requirements for municipal waste combustor operating
practices.
(a) The owner or operator of an affected facility must not cause to
be discharged into the atmosphere from that affected facility any gases
that contain carbon monoxide in excess of the emission limits listed in
table 3 of this subpart. Table 3 provides emission
[[Page 63204]]
limits for the carbon monoxide concentration level for each type of
affected facility.
(b) The owner or operator of an affected facility must comply with
the municipal waste combustor operating practice requirements listed in
40 CFR 60.53b(b) and (c) of subpart Eb. For calculating the steam (or
feedwater) flow required under 40 CFR 60.58(i)(6)(i), proceed in
accordance with ASME PTC 4.1-1964 (Reaffirmed 1991), Power Test Codes:
Test Code for Steam Generating Units (with 1968 and 1969 Addenda). For
design, construction, installation, calibration, and use of nozzles and
orifices required in 40 CFR 60.58(i)(6)(ii), proceed in accordance with
the recommendations in ASME Interim Supplement 19.5 on Instruments and
Apparatus: Application, Part II of Fluid Meters, 6th Edition (1971).
The Director of the Federal Register approves these incorporations by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may
obtain a copy from the American Society of Mechanical Engineers,
Service Center, 22 Law Drive, Post Office Box 2900, Fairfield, NJ
07007. You may inspect a copy at the Office of Air Quality Planning and
Standards Air Docket, EPA, Mutual Building, Room 540, 411 West Chapel
Hill Street, Durham, NC 27701, or at the Office of the Federal
Register, 800 North Capitol Street, NW., Suite 700, Washington, D.C.
Sec. 62.14105 Requirements for municipal waste combustor operator
training and certification.
The owner or operator of an affected facility must comply with the
municipal waste combustor operator training and certification
requirements listed in paragraphs (a) through (g) of this section. For
affected facilities, compliance with the municipal waste combustor
operator training and certification requirements specified under
paragraphs (a), (b), (d), and (g) of this section must be no later than
12 months after the effective date of this subpart.
(a) Each chief facility operator and shift supervisor must obtain
and maintain a current provisional operator certification from either
the American Society of Mechanical Engineers QRO-1-1994 or a State
certification program in Connecticut and Maryland (if the affected
facility is located in either of the respective States). If ASME
certification is chosen, proceed in accordance with ASME QRO-1-1994,
Standard for the Qualification and Certification of Resource Recovery
Facility Operators. The Director of the Federal Register approves this
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. You may obtain a copy from the American Society of Mechanical
Engineers, Service Center, 22 Law Drive, Post Office Box 2900,
Fairfield, NJ 07007. You may inspect a copy at the Office of Air
Quality Planning and Standards Air Docket, EPA, Mutual Building, Room
540, 411 West Chapel Hill Street, Durham, NC 27701 or at the Office of
the Federal Register, 800 North Capitol Street, NW., Suite 700,
Washington, DC.
(b) Each chief facility operator and shift supervisor must have
completed full certification or must have scheduled a full
certification exam with either the American Society of Mechanical
Engineers QRO-1-1994 or a State certification program in Connecticut
and Maryland (if the affected facility is located in either of the
respective States). If ASME certification is chosen, proceed in
accordance with ASME QRO-1-1994, Standard for the Qualification and
Certification of Resource Recovery Facility Operators. The Director of
the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a
copy from the American Society of Mechanical Engineers, Service Center,
22 Law Drive, Post Office Box 2900, Fairfield, NJ 07007. You may
inspect a copy at the Office of Air Quality Planning and Standards Air
Docket, EPA, Mutual Building, Room 540, 411 West Chapel Hill Street,
Durham, NC 27701 or at the Office of the Federal Register, 800 North
Capitol Street, NW., Suite 700, Washington, DC.
(c) The owner or operator of an affected facility must not allow
the facility to be operated at any time unless one of the following
persons is on duty at the affected facility: a fully certified chief
facility operator; a provisionally certified chief facility operator
who is scheduled to take the full certification exam no later than 12
months after the effective date of this subpart; a fully certified
shift supervisor; or a provisionally certified shift supervisor who is
scheduled to take the full certification exam no later than 12 months
after the effective date of this subpart. If one of the persons listed
in this paragraph must leave the affected facility during their
operating shift, a provisionally certified control room operator who is
onsite at the affected facility may fulfill the requirement in this
paragraph.
(d)(1) Each chief facility operator, shift supervisor, and control
room operator at an affected facility must complete the EPA municipal
waste combustor operator training course or the State municipal waste
combustor operator training course in Connecticut (if the affected
facility is located in Connecticut).
(2) The requirement specified in this paragraph does not apply to
chief facility operators, shift supervisors, and control room operators
who have obtained full certification from the American Society of
Mechanical Engineers on or before the effective date of this subpart.
The owner or operator of an affected facility may request that the EPA
Administrator waive the requirement specified in this paragraph for
chief facility operators, shift supervisors, and control room operators
who have obtained provisional certification from the American Society
of Mechanical Engineers on or before the effective date of this
subpart.
(e) The owner or operator of an affected facility must develop and
update on a yearly basis a site-specific operating manual that must, at
a minimum, address the elements of municipal waste combustor unit
operation specified in paragraphs (e)(1) through (e)(11) of this
section.
(1) A summary of the applicable standards under this subpart;
(2) A description of basic combustion theory applicable to a
municipal waste combustor unit;
(3) Procedures for receiving, handling, and feeding municipal solid
waste;
(4) Procedures for municipal waste combustor unit startup,
shutdown, and malfunction;
(5) Procedures for maintaining proper combustion air supply levels;
(6) Procedures for operating the municipal waste combustor unit
within the standards established under this subpart;
(7) Procedures for responding to periodic upset or off-
specification conditions;
(8) Procedures for minimizing particulate matter carryover;
(9) Procedures for handling ash;
(10) Procedures for monitoring municipal waste combustor unit
emissions; and
(11) Reporting and recordkeeping procedures.
(f) The owner or operator of an affected facility must establish a
training program to review the operating manual according to the
schedule specified in paragraphs (f)(1) and (f)(2) of this section with
each person who has responsibilities affecting the operation of an
affected facility including, but not limited to, chief facility
operators, shift supervisors, control room operators, ash
[[Page 63205]]
handlers, maintenance personnel, and crane/load handlers.
(1) Each person specified in paragraph (f) of this section must
undergo initial training no later than the date specified in paragraph
(f)(1)(i) or (f)(1)(ii) of this section, whichever is later.
(i) The date prior to the day the person assumes responsibilities
affecting municipal waste combustor unit operation; or
(ii) The date 12 months after the effective date of this subpart.
(2) Annually, following the initial review required by paragraph
(f)(1) of this section.
(g) The operating manual required by paragraph (e) of this section
must be kept in a location readily accessible to each person required
to undergo training under paragraph (f) of this section. The operating
manual and records of training must be available for inspection by the
EPA or its delegated enforcement agency upon request.
Sec. 62.14106 Emission limits for municipal waste combustor fugitive
ash emissions.
(a) The owner or operator of an affected facility must not cause to
be discharged to the atmosphere from that affected facility visible
emissions of combustion ash from an ash conveying system (including
conveyor transfer points) in excess of 5 percent of the observation
period (i.e., 9 minutes per 3-hour period), as determined by EPA
Reference Method 22 observations as specified in 40 CFR 60.58b(k) of
subpart Eb, except as provided in paragraphs (b) and (c) of this
section.
(b) The emission limit specified in paragraph (a) of this section
does not cover visible emissions discharged inside buildings or
enclosures of ash conveying systems; however, the emission limit
specified in paragraph (a) of this section does cover visible emissions
discharged to the atmosphere from buildings or enclosures of ash
conveying systems.
(c) The provisions specified in paragraph (a) of this section do
not apply during maintenance and repair of ash conveying systems.
Sec. 62.14107 Emission limits for air curtain incinerators.
The owner or operator of an air curtain incinerator with the
capacity to combust greater than 250 tons per day of municipal solid
waste and that combusts a fuel feed stream composed of 100 percent yard
waste and no other municipal solid waste materials must not (at any
time) cause to be discharged into the atmosphere from that incinerator
any gases that exhibit greater than 10-percent opacity (6-minute
average), except that an opacity level of up to 35 percent (6-minute
average) is permitted during startup periods during the first 30
minutes of operation of the unit.
Sec. 62.14108 Compliance schedules.
(a) The owner or operator of an affected facility must achieve the
increments of progress specified in paragraphs (a)(1) through (a)(5) to
retrofit air pollution control devices to meet the emission limits of
this subpart. As specified in 40 CFR part 60, subpart B, the compliance
schedules and increments of progress apply to each owner or operator of
an affected facility who is taking longer than 1 year after the date of
publication of this subpart FFF final rule to comply with the emission
limits specified in this subpart.
(1) Submit a final control plan according to the requirements of
Sec. 62.14109(g).
(2) Award contract(s): Award contract(s) to initiate on-site
construction, initiate on-site installation of emission control
equipment, or incorporate process changes. The owner or operator must
submit a signed copy of the contract(s) awarded according to the
requirements of Sec. 62.14109(h).
(3) Initiate on-site construction: Initiate on-site construction,
initiate on-site installation of emission control equipment, or
initiate process changes needed to meet the emission limits as outlined
in the final control plan.
(4) Complete on-site construction: Complete on-site construction
and installation of emission control equipment or complete process
changes.
(5) Achieve final compliance: Incorporate all process changes or
complete retrofit construction as designed in the final control plan
and connect the air pollution control equipment or process changes with
the affected facility identified in the final control plan such that if
the affected facility is brought on line, all necessary process changes
or air pollution control equipment are operating fully. Within 180 days
after the date the affected facility is required to achieve final
compliance, the initial performance test must be conducted.
(b) The owner or operator of an affected facility must achieve the
increments of progress specified in paragraphs (a)(1) through (a)(5) of
this section according to the schedule specified in paragraphs (b)(1)
through (b)(4) of this section, except as provided in paragraphs (c),
(d), and (e) of this section.
(1) The owner or operator of an affected facility that commenced
construction, modification, or reconstruction on or before June 26,
1987 and will take longer than 1 year after the date of publication of
this subpart FFF (or 1 year after a revised construction permit or a
revised operating permit is issued, if a permit modification is
required) to comply with the emission limits of this subpart must
achieve the increments of progress according to the schedule in table 4
of this subpart, except for those affected facilities specified in
paragraphs (b)(3) and (b)(4) of this section.
(2) The owner or operator of an affected facility that began
construction, modification, or reconstruction after June 26, 1987 must
achieve the increments of progress according to the schedule in table 5
of this subpart to comply with the emission limits of this subpart,
except for those affected facilities specified in paragraphs (b)(3) and
(b)(4) of this section.
(3) The owner or operator of each specified affected facility in
table 6 of this subpart must achieve the increments of progress
according to the schedule in table 6 of this subpart.
(4) For affected facilities that are subject to the schedule
requirements of paragraph (b)(1) or (b)(2) of this section, the owner
or operator (or the State air pollution control authority) may submit
for approval alternative dates for achieving increments 2, 3, and 4.
The owner or operator (or the State air pollution control authority)
that is submitting these alternative dates must meet the reporting
requirements of Sec. 62.14109(m).
(c) The owner or operator of an affected facility that has ceased
operation but will reopen prior to the applicable final compliance date
specified in paragraphs (b)(1) through (b)(4) of this section must meet
the same compliance dates and increments of progress specified in
paragraphs (b)(1) through (b)(4) of this section.
(d) The owner or operator of an affected facility that has ceased
or ceases operation of an affected facility and restarts the affected
facility after the compliance dates specified in paragraphs (b)(1)
through (b)(4) of this section must comply with the emission limits,
requirements for combustor operating practices, and operator training
and certification requirements of this subpart upon the date the
affected facility restarts. The initial performance tests required by
Sec. 62.14109(c) must be conducted within 180 days after the date the
unit restarts.
(e) The owner or operator of an affected facility that will be de-
rated prior to the applicable final compliance date instead of
complying with the
[[Page 63206]]
emission limits of this subpart must meet the same increments of
progress and achieve the de-rating by the final compliance date
(specified in paragraphs (b)(1) through (b)(4) of this section) that
would be applicable to the affected facility if it did not de-rate. The
owner or operator of an affected facility that will be de-rated must
meet the reporting requirements of Sec. 62.14109k. After de-rating is
accomplished, the municipal waste combustor affected facility is no
longer subject to this subpart.
Sec. 62.14109 Reporting and recordkeeping and compliance and
performance testing.
(a) The owner or operator of an affected facility must comply with
the reporting and recordkeeping provisions listed in 40 CFR 60.59b of
subpart Eb, except as provided in paragraphs (a)(1) through (a)(3) of
this section.
(1) The siting requirements under 40 CFR 60.59b(a), (b)(5), and
(d)(11) of subpart Eb and the notification of construction requirements
under 40 CFR 60.59b(b) and (c) of subpart Eb do not apply.
(2) 40 CFR 60.54b, 60.56b, and 60.58b(g)(5)(iii) of subpart Eb do
not apply to this subpart (see Secs. 62.14105 and 62.14107 of this
subpart).
(b) The owner or operator of an affected facility must comply with
the compliance and performance testing methods and procedures listed in
40 CFR 60.58b of subpart Eb, except as provided in paragraphs (c) and
(d) of this section.
(c) The initial performance test must be completed within 180 days
after the date of final compliance specified in Sec. 62.14108, rather
than the date for the initial performance test specified in 40 CFR
60.58b of subpart Eb.
(d) The owner or operator of an affected facility may follow the
alternative performance testing schedule for dioxin/furan emissions
specified in paragraph (d)(1) of this section.
(1) If all performance tests for all affected facilities at the MWC
plant over a 2-year period indicate that dioxin/furan emissions are
less than or equal to 15 nanograms per dry standard cubic meter total
mass, corrected to 7 percent oxygen for all affected facilities located
within a municipal waste combustor plant, the owner or operator of the
municipal waste combustor plant may elect to conduct annual performance
tests for one affected facility (i.e., unit) per year at the municipal
waste combustor plant. At a minimum, a performance test for dioxin/
furan emissions shall be conducted annually (no more than 12 months
following the previous performance test) for one affected facility at
the municipal waste combustor plant. Each year a different affected
facility at the municipal waste combustor plant shall be tested, and
the affected facilities at the plant shall be tested in sequence (e.g.,
unit 1, unit 2, unit 3, as applicable). If each annual performance test
continues to indicate a dioxin/furan emission level less than or equal
to 15 nanograms per dry standard cubic meter (total mass), the owner or
operator may continue conducting a performance test on only one
affected facility per year. If any annual performance test indicates a
dioxin/furan emission level greater than 15 nanograms per dry standrd
cubic meter (total mass), performance tests thereafter shall be
conducted annually on all affected facilities at the plant until and
unless all annual performance tests for all affected facilities at the
plant over a 2-year period indicate a dioxin/furan emission level less
than or equal to 15 nanograms per dry standard cubic meter (total
mass).
(2) The owner or operator who is following the alternative
performance testing schedule for dioxin/furan emissions specified in
paragraph (d)(1) of this section may choose an alternative testing
sequence (e.g., unit 1, 3, 2, 4) for affected facilities at the
municipal waste combustor plant. The owner or operator must submit a
request to EPA for approval of the alternative testing sequence. After
approval, the alternative testing sequence is effective until a
different testing sequence is received and approved by EPA.
(e) The owner or operator of an affected facility that is taking
longer than 1 year after the date of publication of this subpart FFF
final rule to comply with the emission limits of this subpart must
submit notification to the EPA Regional Office within 10 business days
of completing each increment. Each notification must indicate which
increment of progress specified in Sec. 62.14108(a)(1) through (a)(5)
has been achieved. The notification must be signed by the owner or
operator of the affected facility.
(f) The owner or operator of an affected facility that is taking
longer than 1 year after the date of publication of this subpart FFF to
comply with the emission limits of this subpart who fails to meet any
increment of progress specified in Sec. 62.14108(a)(1) through (a)(5)
according to the applicable schedule in Sec. 62.14108 must submit
notification to the EPA Regional Office within 10 business days of the
applicable date in Sec. 62.14108 that the owner or operator failed to
meet the increment.
(g) The owner or operator of an affected facility that is taking
longer than 1 year after the date of publication of this subpart FFF to
comply with the emission limits of this subpart must submit a final
control plan by the date specified in Sec. 62.14108(b) with the
notification required by Sec. 62.14109(e). The final control plan must,
at a minimum, include a description of the air pollution control
devices or process changes that will be employed for each unit to
comply with the emission limits and other requirements of this subpart.
(h) The owner or operator of an affected facility that is taking
longer than 1 year after the date of publication of this subpart FFF to
comply with the emission limits of this subpart must submit a signed
copy of the contract or contracts awarded according to the requirements
of Sec. 62.14108(a)(2) with the notification required by
Sec. 62.14109(e).
(i) The owner or operator of an affected facility that is taking
longer than 1 year after the date of publication of this subpart FFF to
comply with the emission limits of this subpart must keep on site a
copy of the final control plan required by Sec. 62.14109(g).
(j) The owner or operator of an affected facility that plans to
cease operation of the affected facility on or before December 19, 2000
rather than comply with the emission limits of this subpart by the
applicable compliance date specified in Sec. 62.14208 must submit a
notification by the date specified for the final control plan according
to the schedule specified in paragraphs Sec. 62.14108(b)(1) through
(b)(4), as applicable. (Affected facilities that cease operation on or
before December 19, 2000, rather than comply with the emission limits
of this subpart by the compliance date specified in Sec. 62.14108 are
not required to submit a final control plan.) The notification must
state the date by which the affected facility will cease operation. If
the cease operation date is later than 1 year after the date of
publication of this subpart FFF, the owner or operator must enter into
a legally binding closure agreement with EPA by the date the final
control plan is due. The agreement must specify the date by which
operation will cease.
(k) The owner or operator of an affected facility that plans to de-
rate the affected facility on or before December 19, 2000 rather than
comply with the emission limits of this subpart by the compliance date
specified in Sec. 62.14108 must submit a final control plan as required
by paragraph (g) of this section and submit notification of increments
of progress as required by paragraphs (e)
[[Page 63207]]
and (f) of this section and Sec. 62.14108(e) of this subpart.
(1) The final control plan must, at a minimum, include the
information in paragraphs (k)(1)(i) and (k)(1)(ii) of this section
rather than the information in paragraph (g) of this section.
(i) A description of the physical changes that will be made to
accomplish the de-rating.
(ii) Calculations of the current maximum combustion capacity and
the planned maximum combustion capacity after the de-rating. (See the
procedures specified in 40 CFR 60.58b(j) of subpart Eb for calculating
municipal waste combustor unit capacity.)
(2) The owner or operator must submit a signed copy of the contract
or contracts awarded to initiate the de-rating with the notification
required by paragraph (e) of this section.
(l) The owner or operator of an affected facility that is ceasing
operation more than 1 year following the date of publication of this
subpart FFF must submit performance test results for dioxin/furan
emissions conducted during or after 1990 for each affected facility by
the date 1 year after the date of publication of this subpart FFF. The
performance test shall be conducted according to the procedure in
paragraph (b) of this section.
(m) The owner or operator (or the State air pollution control
authority) that is submitting alternative dates for increments 2, 3,
and 4 according to Sec. 62.14108(b)(4) must submit the alternative
dates by the date specified for the final control plan according to the
schedule specified in paragraphs Sec. 62.14108 (b)(1) and (b)(2), as
applicable. The owner or operator (or the State air pollution control
authority) must submit a justification if any of the alternative dates
are later than the increment dates in tables 4 or 5 of this subpart.
The owner or operator must also submit the alternative dates and
justification to the State.
Tables to Subpart FFF
Table 1 of Subpart FFF--Municipal Waste Combustor Units (MWC Units) Excluded from Subpart FFF \1\
----------------------------------------------------------------------------------------------------------------
State MWC units
----------------------------------------------------------------------------------------------------------------
Florida................................ Existing MWC units with capacity to combust more than 250 tons per day
of municipal solid waste.
Georgia................................ Existing facilities with a MWC unit capacity greater than 250 tons per
day of municipal solid waste at the following MWC sites:
(a) Savannah Energy Systems Company, Savannah, Georgia.
Illinois............................... Existing MWC units located at Robbins Resource Recovery Center,
Robbins, Illinois.
Minnesota.............................. All MWC units with unit capacities greater than 93.75 million British
thermal units per hour on a heat input basis (250 tons per day)
located in Minnesota.
New York............................... Existing MWC units with capacity to combust more than 250 tons per day
of municipal solid waste.
Oregon................................. Existing facilities at the following MWC sites:
(a) Ogden Martin Systems, Marion County, Oregon.
(b) Coos County, Coos Bay, Oregon.
South Carolina......................... Existing facilities with a MWC unit capacity greater than 250 tons per
day of municipal solid waste at the following MWC sites:
(a) Foster Wheeler Charleston Resource Recovery Facility, Charleston,
South Carolina.
Tennessee.............................. Existing MWC units with capacity to combust more than 250 tons per day
of municipal solid waste.
----------------------------------------------------------------------------------------------------------------
\1\ Notwithstanding the exclusions in table 1 of this subpart, this subpart applies to affected facilities not
regulated by an EPA approved and currently effective State or Tribal plan.
Table 2 of Subpart FFF--Nitrogen Oxides Requirements for Affected
Facilities
------------------------------------------------------------------------
Nitrogen oxides
emission limit (parts
Municipal waste combustor technology per million by
volume) a
------------------------------------------------------------------------
Mass burn waterwall.............................. 205.
Mass burn rotary waterwall....................... 250.
Refuse-derived fuel combustor.................... 250.
Fluidized bed combustor.......................... 180.
Mass burn refractory combustors.................. No limit.
------------------------------------------------------------------------
a Corrected to 7 percent oxygen, dry basis.
Table 3 of Subpart FFF--Municipal Waste Combustor Operating Requirements
------------------------------------------------------------------------
Carbon
monoxide
emissions Averaging time
Municipal waste combustor technology level (parts (hrs) b
per million by
volume) a
------------------------------------------------------------------------
Mass burn waterwall..................... 100 4
Mass burn refractory.................... 100 4
Mass burn rotary refractory............. 100 24
Mass burn rotary waterwall.............. 250 24
Modular starved air..................... 50 4
Modular excess air...................... 50 4
[[Page 63208]]
Refuse-derived fuel stoker.............. 200 24
Bubbling fluidized bed combustor........ 100 4
Circulating fluidized bed combustor..... 100 4
Pulverized coal/refuse-derived fuel
mixed fuel-fired combustor............. 150 4
Spreader stoker coal/refuse-derived fuel
mixed fuel-fired combustor............. 200 24
------------------------------------------------------------------------
a Measured at the combustor outlet in conjunction with a measurement of
oxygen concentration, corrected to 7 percent oxygen, dry basis.
Calculated as an arithmetic average.
b Averaging times are 4-hour or 24-hour block averages.
Table 4 of Subpart FFF--Generic Compliance Schedule and Increments of Progress (Pre-1987 MWCs) a b
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increment 4
Increment 2 Increment 3 Complete on- Increment 5
Affected facilities Increment 1 Submit final control plan Award Begin on-site site Final
contracts construction construction compliance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Affected facilities that commenced January 11, 1999............................. 05/18/99 11/16/99 11/19/00 12/19/00
construction, modification, or
reconstruction on or before June 26,
1987 (All pollutants).
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Table 4 or 5 of this subpart applies to MWC units subject to the Federal plan except those with site-specific compliance schedules shown in Table 6 of
this subpart.
b As an alternative to this schedule, the owner or operator may close the affected facility by December 19, 2000, complete the retrofit while the
affected facility is closed, and achieve final compliance upon restarting. See Secs. 62.14108(c), 62.14108(d), and 62.14109(i) of this subpart.
Table 5 of Subpart FFF--Generic Compliance Schedules and Increments of Progress
[Post-1987 MWCs] a, b
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increment 3 Increment 4
Increment 1 Submit final control Increment 2 Begin on- Complete on-
Affected facilities plan Award site site Increment 5 Final compliance
contracts construction construction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Affected facilities that
commenced construction
modification, or
reconstruction after June 26,
1987:
1. Emission limits for Hg, c NA............................... c NA c NA c NA 1 year after promulgation of this subpart
dioxin/furan. or 1 year after permit issuance.d
2. Emission limits for January 11, 1999................... 05/18/99 11/16/99 11/19/00 12/19/00.
SO2, HCl, PM, Pb, Cd,
opacity CO, NOX.
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Table 4 or 5 of this subpart applies to MWC units subject to the Federal plan except those with site-specific compliance schedules shown in Table 6 of
this subpart.
b As an alternative to this schedule, the unit may close by December 19, 2000, complete retrofit while closed, and achieve final compliance upon
restarting. See Sec. Sec. 62.14108(c), 62.14108(d), and 62.14109(i) of this subpart.
c Because final compliance is achieved in 1 year, no increments of progress are required.
d Permit issuance is issuance of a revised construction permit or revised operating permit, if a permit modification is required to retrofit controls.
Table 6 of Subpart FFF--Site-Specific Compliance Schedules and Increments of Progress a
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increment 4
Affected facilities at the Increment 1 Submit Increment 2 Award Increment 3 Begin on- Complete on- Increment 5
following MWC sites City, State final control plan contracts site construction site Final
construction compliance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stanislaus Resource Recovery Crows Landing, January 11, 1999..... 01/19/02............. 05/19/00............ 11/19/00 12/19/00
Facility. California.
Southeast Resource Recovery Long Beach, January 11, 1999..... 04/30/99............. 10/31/99............ 04/30/00 12/19/00
Facility. California.
All large MWC units............... Maine................ January 11, 1999..... 01/01/99............. 07/01/99............ 09/01/00 12/19/00
Baltimore Resco................... Baltimore, Maryland.. January 11, 1999..... January 11, 1999..... January 11, 1999.... 09/01/00 12/19/00
All large MWC units............... New Jersey b......... January 11, 1999..... 05/18/99............. 11/14/99............ 11/19/00 12/19/00
American Ref-Fuel................. Delaware County, 11/01/98............. 05/18/99............. 11/14/99............ 11/19/00 12/19/00
Pennsylvania.
Montenay Energy Resource.......... Montgomery County, 11/01/98............. 05/18/99............. 11/14/99............ 11/19/00 12/19/00
Pennsylvania.
[[Page 63209]]
I-95 Energy/Resource Recovery Lorton, Virginia..... January 11, 1999..... 10/15/99............. 03/01/00............ 11/19/00 12/19/00
Facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------
a These schedules have been reviewed and determined to be acceptable by EPA.
b This schedule applies to HC1 SO2, PM, Pb, Cd, CO, and NOX. However, owners and operators of large MWC units in New Jersey have the option of reserving
the portion of their control plan that addresses NOX. Owners and operators must submit the reserved portion to EPA by December 15, 1999.
[FR Doc. 98-29967 Filed 11-10-98; 8:45 am]
BILLING CODE 6560-50-M
