98-29967. Federal Plan Requirements for Large Municipal Waste Combustors Constructed on or Before September 20, 1994  

  • [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]
    
    
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    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.
    
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    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.
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        \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.
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        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.
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         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
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                        State                              Status c
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                    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
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    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:
    
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               Category                  Examples of regulated entities
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    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
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                                 Regional contact                                   Phone No.           Fax No.
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    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
    
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    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
    
    
    

Document Information

Effective Date:
12/14/1998
Published:
11/12/1998
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-29967
Dates:
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.
Pages:
63191-63209 (19 pages)
Docket Numbers:
AD-FRL-6185-4
RINs:
2060-ZA03
PDF File:
98-29967.pdf
CFR: (21)
40 CFR 60.58b(j)
40 CFR 62.14109(c)
40 CFR 62.14109(g)
40 CFR 62.14106
40 CFR 62.14107
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