[Federal Register Volume 62, Number 131 (Wednesday, July 9, 1997)]
[Rules and Regulations]
[Pages 36664-36665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17947]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[FRL-5855-4]
Air Pollution; Standards of Performance for New Stationery
Sources; Municipal Waste Combustors
AGENCY: Environmental Protection Agency (EPA).
ACTION: Revised notice of determination of part 60 applicability.
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SUMMARY: The Environmental Protection Agency (EPA) has revised its
determination that the 1995 ``Standards of Performance for Municipal
Waste Combustors'' (Part 60, Subpart Eb) will apply to all three
municipal waste combustor units in a ``waste-to-energy'' conversion
project proposed by the Central Wayne Energy Recovery Limited
Partnership (Central Wayne), necessary to be consistent with a recent
court opinion that vacated in part the 1995 standards.
EFFECTIVE DATE: This determination took effect on June 3, 1997.
Petitions for review of this determination must be filed on or before
September 8, 1997 in accordance with the provisions of section
307(b)(1) of the Clean Air Act.
ADDRESSES: The related material in support of this decision may be
examined during normal business hours at the United States
Environmental Protection Agency, Air and Radiation Division, Air
Enforcement and Compliance Assurance Branch, 17th Floor, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Jeffrey L. Gahris of U.S. EPA Region
5, Air Enforcement and Compliance Assurance Branch (AE-17J), 77 West
Jackson Boulevard, Chicago, Illinois 60604. Telephone (312) 886-6794.
SUPPLEMENTARY INFORMATION: On August 16, 1995, the Director of Wayne
County, Michigan's Air Quality Management Division, requested a
determination on the applicability of the New Source Performance
Standards for New Stationary Sources (NSPS) to a ``waste-to-energy''
conversion project proposed by the Central Wayne Energy Limited
Partnership for the municipal waste combustor facility located in
Dearborn Heights, Michigan. After requesting and receiving additional
clarifying information, EPA responded to Wayne County's request by
means of a letter dated October 11, 1996 (62 FR 4463, January 30,
1997). EPA determined that each of the MWC units at the facility will
become subject to the NSPS for municipal waste combustors (40 CFR Part
60, Subpart Eb, as promulgated on December 19, 1995). This
determination was based on the NSPS and emissions guidelines that were
published in the Federal Register on December 19, 1995, and codified at
40 CFR Part 60, Subparts Eb and Cb, respectively.
Subsequent to this determination, however, the United States Court
of Appeals for the District of Columbia Circuit held that the EPA had
set standards improperly for facilities with multiple MWC units, and
indicated its intention to vacate the 1995 standards in their entirety.
Davis County Solid Waste Management v. EPA, 101 F.3d 1395 (D.C. Cir.
1996). On March 21, 1997, the Court amended its opinion (see 108 F.3d
1454 (D.C. Cir. 1997)), and on April 8, 1997, the Court vacated the
1995 standards as they apply to MWC units with capacities to combust
less than or equal to 250 tons per day of municipal solid waste
(``small units'') and all cement kilns. The 1995 standards, however,
have remained in effect for units with capacity greater than 250 tons
per day (``large MWC units'') since their promulgation. Because Units 1
and 2 at Central Wayne's proposed facility each have capacities of 250
tons per day, they are small units; therefore, EPA has revised its
determination to exclude Units 1 and 2 from its previous determination
because Subparts Cb and Eb have been vacated as they apply to small
units such as these. Unit 3, because it is a large unit unaffected by
the court opinion, is not affected by this decision.
In addition, EPA's revised applicability determination provides
clarification to Wayne County Department of Environment's question on
how to apply emission limits in situations where several units share
the same stack, which is the case for Central Wayne's facility as
presently proposed. In EPA's October 11, 1996 applicability
determination, EPA indicated it was EPA's policy and practice to apply
the strictest standard to all of the units. In its June 3, 1997 revised
applicability determination, EPA indicated that, in light of the Davis
decision, Central Wayne may propose a redesign or reconfiguration of
its facility by which it can demonstrate that each unit is in
compliance with the applicable emission standards by testing while
operating only one unit at time, or by any alternate means it may
suggest for EPA's review and approval. If the source cannot meet this
showing, then the EPA policy of applying the strictest standard will
govern.
In addition to the publication of this action, EPA is placing a
copy of this
[[Page 36665]]
determination on its Technology Transfer Network (TTN) bulletin board
service.
(Sec. 111 and Sec.129, Clean Air Act (42 U.S.C. 7411))
Date: June 26, 1997.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 97-17947 Filed 7-8-97; 8:45 am]
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