[Federal Register Volume 59, Number 23 (Thursday, February 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2437]

[[Page Unknown]]

[Federal Register: February 3, 1994]



40 CFR Part 60



Standards of Performance for New Stationary Sources; Sewage 
Treatment Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendment of requirements.

SUMMARY: This action amends 40 CFR part 60, subpart O, Standards of 
Performance for Sewage Treatment Plants. Specifically, provisions 
requiring metals analysis of air samples and sludge samples are 
deleted. This deletion is occasioned by the promulgation of final 
regulations under section 405(a) of the Clean Water Act (CWA) on 
February 19, 1993, which eliminates the reason for metals testing under 
this subpart.

EFFECTIVE DATE: This action will be effective April 4, 1994 unless 
notice has been received, within 30 days from the publication of this 
rule, that adverse or critical comments will be submitted by an 
interested party. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Written comments should be submitted to: Mr. Eugene 
Crumpler, U.S. Environmental Protection Agency, Industrial Studies 
Branch, Emission Standards Division (MD-13), Research Triangle Park, 
North Carolina, 27711. Telephone: (919) 541-0881.

FOR FURTHER INFORMATION CONTACT: Eugene P. Crumpler, Industrial Studies 
Branch, Emission Standards Division (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, (919) 



    Subpart O of 40 CFR part 60 establishes New Source Performance 
Standards (NSPS), pursuant to section 111 of the Clean Air Act (Act) 
for new, modified or reconstructed sewage sludge incinerators. The NSPS 
limits emissions of particulate matter (PM) discharged to the 
atmosphere to 0.65 g/kg dry sludge input (1.30 lb/ton dry sludge input) 
and the opacity of any gases discharged to 20 percent.
    Furthermore, the NSPS presents test methods and procedures for 
compliance demonstration. Among these is paragraph 60.154(d) (3)-(5) 
which calls for the analysis of air emissions samples collected by EPA 
method 5 and composite samples of sludge for ten metals. This 
requirement was added to the October 6, 1988 regulation because, ``* * 
* EPA's intention (is) to consolidate existing waste management 
authorities with the broad authorities provided under section 405 of 
the CWA. Section 405(d) of the CWA requires EPA to develop regulations 
for the use and disposal of sewage sludge. The measurement of metals 
will assist the Agency in establishing guidelines for State and local 
sludge management programs. Also, this will assist the Agency in 
determining if future regulatory action is warranted.''

Need for the Action

    As EPA has promulgated the final sewage sludge regulations pursuant 
to section 405(d) of the CWA (published February 19, 1993 (58 FR 
9248)), with requirements for testing and control of metals from sewage 
sludge incinerators that supersede the provisions of Sec. 60.154(d)(3) 
through (5), there is no longer a need to collect data on metals 
emissions and the metals content of sludge for the development of the 
CWA regulations pursuant to Sec. 60.154(d)(3) through (5). Therefore, 
60 days after the date of publication of this notice, paragraphs (d)(3) 
through (5) shall be deleted from Sec. 60.154.
    The EPA hereby publishes this amendment to Subpart O to delete 
paragraphs (d)(3) through (5) to eliminate duplicate and conflicting 
metal testing requirements for sewage sludge incinerators that are 
regulated under the Act and the CWA.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. This action will be effective April 4, 1994 
unless, within 30 days of publication, notice is received that adverse 
or critical comments will be submitted.
    If such notice is received, this action will be withdrawn before 
the effective date by publication of a further notice. That notice will 
withdraw the final action and begin a new rulemaking by proposing the 
action and establishing a comment period.

List of Subjects in 40 CFR Part 60

    Air pollution control, Incorporation by reference, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Sewage treatment plants.

    For the reason set out in the preamble, 40 CFR part 60 is amended 
as follows:
    1. The authority citation for part 60 continues to read as follows:

    Authority: Secs. 101, 111, 114, 116, and 301, of the Clean Air 
Act as amended (42 U.S.C. 7401, 7411, 7414, 7416, 7601).

Sec. 60.154  [Amended]

    2. In Sec. 60.154, paragraphs (d) (3) through (5) are removed.

    Dated: January 27, 1994.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
[FR Doc. 94-2437 Filed 2-2-94; 8:45 am]