[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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