[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Rules and Regulations]
[Pages 45124-45127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22370]
[[Page 45123]]
_______________________________________________________________________
Part VII
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 60
Emission Guidelines for Existing Sources and Standards of Performance
for New Stationary Sources: Large Municipal Waste Combustion Units;
Final Rule
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules
and Regulations
[[Page 45124]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[AD-FRL-5879-4]
RIN 2016-AD04
Emission Guidelines for Existing Sources and Standards of
Performance for New Stationary Sources: Large Municipal Waste
Combustion Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This action amends the emission guidelines (subpart Cb) and
the standards of performance (subpart Eb) for municipal waste
combustion (MWC) units. These amendments are companion amendments to
the court-ordered remand amendments published elsewhere in this Federal
Register. These amendments are being made to improve the clarity of
subparts Cb and Eb, and to make technical corrections that have been
brought to EPA's attention since the December 19, 1995 promulgation.
DATES: These amendments to the guidelines (subpart Cb) and standards
(subpart Eb) are effective October 24, 1997 unless significant material
adverse comments are received by September 24, 1997. If significant
material adverse comments are received on the amendments to either the
guidelines or the standards, the direct final rule receiving comment
will be withdrawn. In addition, the effective date for amendments for
Secs. 60.17, 60.23, 60.24, 60.30, and subpart Ca in a final rule
published on December 19, 1995 at 60 FR 65387 is established as
December 19, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Walter Stevenson at (919) 541-
5264, Combustion Group, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711.
SUPPLEMENTARY INFORMATION: A companion proposal to this direct final
rule is being published in today's Federal Register and is identical to
this direct final rule. Any comments on the amendments should address
that proposal. If significant material adverse comments are received on
the proposed amendments by the date specified in the proposed
amendments, this direct final rule will be withdrawn and the comments
on the proposed amendments will be addressed by EPA in a subsequent
final rule. If no significant material adverse comments are received on
any provision of the companion proposal, then no further action will be
taken on the proposal and these amendments will become effective
October 24, 1997.
Also being published in today's Federal Register are a separate
direct final rule and proposal amending the guidelines and standards in
response to specific court-mandated changes, consistent with the
decision of the U.S. Court of Appeals in Davis County Solid Waste
Management and Recovery District v. EPA, 101 F.3d 1395 (D.C. Cir.
1996), as amended, 108 F.3d 1454 (D.C. Cir. 1997), and the court's
vacatur order issued on April 8, 1997. Refer to the separate court-
related direct final rule for more background information regarding the
history of these subparts and the court opinion.
The amendments contained herein provide additional clarification to
the language of the subparts beyond the clarifications included in the
separate court-related amendments. In addition, these amendments
include corrections to cross-references and typographical errors in the
December 19, 1995 promulgation, and make technical corrections that
have been brought to EPA's attention since 1995.
I. Summary of Amendments
The amendments in this direct final rule are primarily to improve
the readability of the guidelines and standards reflecting revisions
related to the court's opinion. These modifications include overall
changes to the language used, changes to the definition section, the
inclusion of Method 3A in the performance testing options, the addition
of a refuse-derived fuel heating value, clarification of the fugitive
ash annual testing requirements, and other miscellaneous amendments.
A. Clarification of Language
To reflect the change in applicability from a plant basis to unit
basis as a result of the Davis decision and subsequent vacatur order,
references to small and large plants are removed throughout the rules.
In some cases, this change entails removing and reserving entire
paragraphs if the entire paragraph addressed small plants.
The lower size cut-off has been revised from 35 megagrams per day
plant capacity to 250 tons per day unit capacity. In addition, all
capacity designations have been changed to ``tons per day'' instead of
``megagrams per day'' to be consistent with the 250 tons per day lower
size cut-off specified by the court for large MWC units.
B. Definitions
Several definitions are no longer needed and have been removed,
including the definitions of municipal waste combustor plant capacity,
large municipal waste combustor plant, and small municipal waste
combustor plant. These changes are included in Sec. 60.51b.
C. Performance Test Methods
It was intended that EPA Test Methods 3, 3A, or 3B, as applicable,
be specified for use in measuring diluent gas during performance
testing or with continuous monitoring systems. The 1995 rule only
listed Method 3 for some pollutants and listed Methods 3A or 3B for
other pollutants. This change is included in Sec. 60.58b.
D. Refuse-Derived Fuel Heating Value
To correct an oversight in the 1995 rules, a separate heating value
for combustors firing refuse-derived fuel (RDF) has been added to take
into consideration the greater specific heat of RDF. The heating value
promulgated in 1995 remains the same for non-RDF.
E. Fugitive Ash Annual Test Requirements
To clarify that fugitive emissions from ash handling must be tested
on an annual basis, a new paragraph has been added to Sec. 60.58b, and
cross references have been corrected, consistent with EPA's intent that
testing be done annually (see 60 FR 65394 and 65400).
F. Miscellaneous Changes
The remaining changes have been made to correct typographical
errors, to clarify, and to improve readability.
II. Judicial Review
Under section 307(b)(1) of the Clean Air Act, judicial review of
the actions taken by these amendments only is available on the filing
of a petition for review in the U.S. Court of Appeals for the District
of Columbia Circuit within 60 days of today's publication of this
action. Under section 307(b)(2) of the Clean Air Act, the requirements
that are subject to today's notice may not be challenged later in civil
or criminal proceedings brought by EPA to enforce these requirements.
Under section 307(d)(7) of the Clean Air Act, only an objection to
a rule or procedure raised with reasonable specificity during the
period for public comment or public hearing may be raised during
judicial review. Public comments on the notice proposing these
amendments must be submitted to docket A-90-45/Section VIII-E (see
DATES, ADDRESSES, and SUPPLEMENTARY INFORMATION of
[[Page 45125]]
the proposal notice published elsewhere in today's Federal Register for
more details). As discussed under the SUPPLEMENTARY INFORMATION section
of this direct final promulgation notice and the proposal notice, if
significant material adverse comments are received on the companion
proposal, this direct final rule will be withdrawn and the comments
received on the proposal will be addressed in a separate rulemaking.
III. Administrative Requirements
A. Docket
The docket is an organized and complete file of all the information
considered in the development of this rulemaking. The principal
purposes of the docket are: (1) to allow interested parties to identify
and locate documents so that they can effectively participate in the
rulemaking process; and (2) to serve as the record in case of judicial
review, except for interagency review material. The docket number for
this rulemaking is A-90-45. Docket No. A-89-08 also includes background
information for this rulemaking and supported the proposal and
promulgation of the subpart Ca guidelines and subpart Ea standards.
Docket No. A-89-08 has been incorporated by reference. Refer to the
companion proposal in this Federal Register for docket address
information.
B. Paperwork Reduction Act
Today's action does not impose any new information collection
burden. The Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in these
regulations under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. and has assigned OMB control number 2060-0210 (EPA
ICR 1506.07). Copies of the ICR document(s) may be obtained from Sandy
Farmer, OPPE Regulatory Information Division; EPA; 401 M St., SW. (mail
code 2137); Washington, DC 20460 or by calling (202) 260-2740. Include
the ICR and/or OMB 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 considered the 1995 guidelines and standards to be
significant and the rules were reviewed by OMB in 1995 (see 60 FR
65405). The amendments issued today do not result in any additional
control requirements and this regulatory action is considered ``not
significant'' under Executive Order 12866.
D. Unfunded Mandates Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a statement to accompany any rule where the estimated
costs to State, local, or tribal governments, 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 impacted by the rule. An unfunded mandates
statement was prepared and published in the 1995 promulgation notice
(see 60 FR 65405 to 65412).
The EPA has determined that these amendments do not include any new
Federal mandates. Therefore, the requirements of the Unfunded Mandates
Act do not apply to this direct final rule.
E. Regulatory Flexibility Act
Section 605 of the RFA requires Federal agencies to give special
consideration to the impacts of regulations on small entities, which
are small businesses, small organizations, and small governments.
During the 1995 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). The rules as amended today would not establish any new
requirements; therefore, pursuant to the provisions of 5 U.S.C. 605(b),
EPA certifies that the amendments to the guidelines and standards 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 Comptroller General
Under 5 U.S.C. Sec. 801(a)(1)(A), as added by the Small Business
Regulatory Enforcement Fairness Act (SBREFA) of 1996, EPA submitted a
report containing these amendments 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 these rules in
today's Federal Register. These amendments are not a ``major rule'' as
defined by 5 U.S.C. 804(2) and a SBREFA analysis is not required.
IV. Other Information
In addition to the amendment of subparts Cb and Eb, this Federal
Register document addresses an omission in the 1995 promulgation
notice. On December 19, 1995 at 60 FR 65387 EPA published a final rule
which inadvertently left out an effective date for amendments 2., 3.,
4., 5., and 5a. for sections 60.17, 60.23, 60.24, 60.30, and subpart
Ca. Consistent with EPA's intent that those amendments be effective
immediately (see 60 FR 65387, 65390, and 65414), the effective date was
December 19, 1995.
List of Subjects in 40 CFR Part 60
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: August 15, 1997.
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 60--[AMENDED]
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.
Sec. 60.31 [Amended]
2. Amend Sec. 60.31b to remove the definition for ``Municipal waste
combustor plant capacity''.
Sec. 60.32 [Amended]
3. In Sec. 60.32b paragraphs (b)(1), (d), (e), (f)(1), and (i)(1)
remove the word ``Administrator'' and add, in its place, the words
``EPA Administrator''.
Sec. 60.33 [Amended]
4. In Sec. 60.33b(a)(3) remove the phrase ``(an 85-percent
reduction by weight)'' and add in its place the phrase ``(85-percent
reduction by weight)'';
Sec. 60.34 [Amended]
5. In Sec. 60.34b amend table 3, referenced in paragraph (a), to
add the superscript ``b'' to the end of the heading of the
third column, and add the footnote ``b Averaging times are
4-hour or 24-hour block averages.''.
Sec. 60.39 [Amended]
6. In Sec. 60.39b(c)(4)(iii)(B) remove the phrase ``The owner or
operator may request that the Administrator'' and add, in its place,
the phrase ``The owner or operator of a designated facility may request
that the EPA Administrator''.
Sec. 60.50 [Amended]
7. Amend Sec. 60.50b as follows:
a. In paragraphs (b)(1), (e), (f), (g)(1), and (j)(1) remove the
word
[[Page 45126]]
``Administrator'' and add, in its place, the words ``EPA
Administrator''; and
b. In paragraph (j) introductory text remove the phrase ``located
at a plant''.
Sec. 60.51 [Amended]
8. Amend Sec. 60.51b as follows:
a. Remove the definitions of ``Large municipal waste combustor
plant'', ``Municipal waste combustor plant capacity'', and ``Small
municipal waste combustor plant'';
b. In the definition of ``Municipal waste combustor unit capacity''
remove the word ``megagrams'' and add, in its place, the word ``tons'';
and
c. Correct the definition title Refuse-derived/fuel to read Refuse-
derived fuel.
Sec. 60.52 [Amended]
9. Amend Sec. 60.52b as follows:
a. In paragraphs (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (b)(1),
(b)(2), and (c)(2) remove the phrase ``located within a small or large
municipal waste combustor plant''; and
b. In paragraphs (d)(1) and (d)(2) remove the phrase ``located
within a large municipal waste combustor plant''.
Sec. 60.53 [Amended]
10. Amend Sec. 60.53b as follows:
a. In paragraphs (a) introductory text, (b) introductory text, and
(c) introductory text remove the phrase ``located within a small or
large municipal waste combustor plant''; and
b. In table 1, referenced in paragraph (a) introductory text, add
the superscript `` b'' to the end of the heading of the
third column, and add the footnote `` b Averaging times are
4-hour or 24-hour block averages.''.
Sec. 60.54 [Amended]
11. Amend Sec. 60.54b as follows:
a. In paragraphs (a), (b), (c) introductory text, (d), (e)
introductory text, and (f) introductory text remove the phrase
``located within a small or large municipal waste combustor plant'';
and
b. Redesignate paragraphs (c)(i) and (c)(ii) as (c)(1) and (c)(2),
respectively.
Sec. 60.55 [Amended]
12. In Sec. 60.55b(a) remove the phrase ``located within a small or
large municipal waste combustor plant''.
Sec. 60.56 [Amended]
13. In Sec. 60.56b remove the phrase ``located at a plant with a
plant capacity to combust greater than 35 megagrams'' and add, in its
place, the phrase ``with the capacity to combust greater than 250
tons''.
Sec. 60.57 [Amended]
14. In Sec. 60.57b (a) introductory text, (b) introductory text,
and (c) remove the phrase ``located within a small or large municipal
waste combustor plant,''.
Sec. 60.58 [Amended]
15. Amend Sec. 60.58b as follows:
a. In paragraph (b) introductory text remove the phrase ``operator
of a small or large municipal waste combustor plant shall'' and add, in
its place, the phrase ``operator of an affected facility shall'';
b. In paragraph (b)(3) remove the phrase ``startup of the municipal
waste combustor'' and add, in its place, the phrase ``startup of the
affected facility'';
c. In paragraph (b)(6)(i) remove the words ``The emission rate
correction factor and the integrated bag sampling and analysis
procedure of EPA Reference Method 3B shall'' and add, in their place,
the words ``The fuel factor equation in Method 3B shall be used to
determine the relationship between oxygen and carbon dioxide at a
sampling location. Method 3, 3A, or 3B, as applicable, shall'';
d. In paragraphs (c)(2), (d)(1)(ii), (d)(2)(ii), and (g)(2) remove
the words ``Method 3'' and add, in their place, the words ``Method 3,
3A, or 3B, as applicable,'';
e. In paragraphs (c)(4), (d)(1)(v), (d)(2)(vii), (e)(3), (f)(4),
(g)(8), (h)(2), (i)(5) remove the phrase ``An owner or operator may
request'' and add, in its place, the phrase ``The owner or operator of
an affected facility may request'';
f. In paragraphs (c)(7), (c)(11), and (d)(2)(viii) remove the
phrase ``located within a small or large municipal waste combustor
plant'';
g. In paragraphs (c)(9), (d)(1)(vii), (d)(2)(ix), (f)(7), (h)(3),
and (h)(4) remove the phrase ``located within a large municipal waste
combustor plant'';
h. Remove and reserve paragraphs (c)(10), (d)(1)(viii), (d)(1)(ix),
(d)(2)(x), (f)(8), and (g)(5)(ii);
i. In paragraphs (e)(12)(i)(B), (h)(10)(i)(B), and (i)(3)(ii)(B)
remove the words ``Method 3A or 3B'' and add, in their place, the words
``Method 3, 3A, or 3B, as applicable'';
j. In paragraphs (g)(5) introductory text and (g)(5)(i) remove the
phrase ``located within small and large municipal waste combustor
plants'';
k. In paragraphs (h)(10) introductory text and (m)(3) introductory
text remove the phrase ``The owner or operator shall'' and add, in its
place, the phrase ``The owner or operator of an affected facility
shall'';
l. In paragraphs (j)(1) introductory text and (j)(2) remove the
phrase ``, in megagrams per day of municipal solid waste combusted,''
and in paragraph (j)(2) remove the phrase ``in megagrams per day of
municipal solid waste'';
m. In paragraph (j)(1)(i) remove the words ``10,500 kilojoules per
kilogram'' and add, in their place, the words ``12,800 kilojoules per
kilogram for combustors firing refuse-derived fuel and a heating value
of 10,500 kilojoules per kilogram for combustors firing municipal solid
waste that is not refuse-derived fuel'';
n. In paragraph (j)(2) remove the words ``10,500 kilojoules per
kilogram for all municipal solid waste'' and add, in their place, the
words ``12,800 kilojoules per kilogram for combustors firing refuse-
derived fuel and a heating value of 10,500 kilojoules per kilogram for
combustors firing municipal solid waste that is not refuse-derived
fuel''; and
o. Revise paragraph (b)(7), the first sentence of paragraph
(g)(5)(iii), paragraph (h) introductory text, paragraph (k)
introductory text, and add paragraph (k)(4) to read as follows:
Sec. 60.58b Compliance and performance testing.
* * * * *
(b) * * *
(7) The relationship between carbon dioxide and oxygen
concentrations that is established in accordance with paragraph (b)(6)
of this section shall be submitted to the EPA Administrator as part of
the initial performance test report and, if applicable, as part of the
annual test report if the relationship is reestablished during the
annual performance test.
* * * * *
(g) * * *
(5) * * *
(iii) Where all performance tests over a 2-year period indicate
that dioxin/furan emissions are less than or equal to 7 nanograms per
dry standard cubic meter (total mass) 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. * * *
* * * * *
(h) The procedures and test methods specified in paragraphs (h)(1)
through (h)(12) of this section shall be used to determine compliance
with the nitrogen oxides emission limit for affected facilities under
Sec. 60.52b(d).
* * * * *
(k) The procedures specified in paragraphs (k)(1) through (k)(4) of
this
[[Page 45127]]
section shall be used for determining compliance with the fugitive ash
emission limit under Sec. 60.55b.
* * * * *
(4) Following the date that the initial performance test for
fugitive ash emissions is completed or is required to be completed
under Sec. 60.8 of subpart A of this part for an affected facility, the
owner or operator shall conduct a performance test for fugitive ash
emissions on an annual basis (no more than 12 calendar months following
the previous performance test).
* * * * *
Sec. 60.59 [Amended]
16. Amend Sec. 60.59b as follows:
a. In paragraph (b)(4) remove the phrase ``, municipal waste
combustion plant capacity,'';
b. In paragraph (d) introductory text remove the phrase ``located
within a small or large municipal waste combustor plant and'';
c. In paragraphs (d)(2)(i)(C), (d)(2)(ii)(B), and (d)(6)(ii) remove
the phrase ``(large municipal waste combustor plants only)'';
d. In paragraph (d)(3) remove the phrase ``(d)(2)(ii)(A) through
(d)(2)(ii)(E)'' and add, in its place the phrase ``(d)(2)(ii)(A)
through (d)(2)(ii)(D)'';
e. In paragraph (d)(8) remove the phrase ``(large municipal waste
combustors only)'';
f. In paragraph (d)(11) remove ``municipal waste combustor'' and
add, in its place, ``affected facility'';
g. In paragraph (d)(12)(ii) remove the phrase ``as required by
Sec. 60.54b(a)'' and add, in its place, the phrase ``as required by
Sec. 60.54b(b)'';
h. In paragraphs (f) introductory text, (g) introductory text, and
(h) introductory text remove the phrase ``located within a small or
large municipal waste combustor plant'';
i. In paragraph (l) remove the phrase ``If an owner or operator
would prefer to select'' and add, in its place, ``If the owner or
operator of an affected facility would prefer'';
[FR Doc. 97-22370 Filed 8-22-97; 8:45 am]
BILLING CODE 6560-50-P
