[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Rules and Regulations]
[Pages 45116-45121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22369]
[[Page 45115]]
_______________________________________________________________________
Part VI
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 60
Large Municipal Waste Combustion Units; Emission Guidelines; Final Rule
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules
and Regulations
[[Page 45116]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[AD-FRL-5879-6]
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: On December 19, 1995, pursuant to sections 111 and 129 of the
Clean Air Act, EPA promulgated emission guidelines applicable to
existing municipal waste combustor (MWC) units and new source
performance standards applicable to new MWC units. The guidelines and
standards are codified at 40 CFR Part 60, subparts Cb and Eb,
respectively. See 60 FR 65387. On April 8, 1997, the United States
Court of Appeals for the District of Columbia Circuit vacated subparts
Cb and Eb as they apply to MWC units with the capacity to combust less
than or equal to 250 tons per day of municipal solid waste (MSW), 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), as amended, 108 F.3d 1454 (D.C. Cir. 1997). As a
result, subparts Cb and Eb apply only to MWC units with the capacity to
combust more than 250 tons per day of MSW per unit (large MWC units).
This document amends the guidelines and the standards for MWC units
to make them consistent with the Davis decision and subsequent court
vacatur order. The guidelines and standards being amended have remained
in effect for large MWC units since December 19, 1995 because the court
did not vacate or stay the rules as they apply to these units.
The amended guidelines and standards result in the 1995 rule being
applicable only to MWC units with the capacity to combust greater than
250 tons per day of MSW per unit. In this document, these units are
referred to as large MWC units or large MWC's.
The amendments affect the applicability of the guidelines and
standards, and add supplemental emission limits for four pollutants
(hydrogen chloride, sulfur dioxide, nitrogen oxides, and lead) to the
guidelines. The amendments do not add any additional emission limits to
the standards.
The 1995 guidelines and standards applied to MWC units at plants
greater than 35 megagrams per day combustion capacity (approximately 39
tons per day). Because the amendments restrict coverage of the 1995
guidelines and standards to only MWC units with combustion capacities
greater than 250 tons per day consistent with the Davis decision, and
because no petitions to review the 1995 rules as they applied to large
MWC units were filed, the Agency does not anticipate receiving adverse
comments on these amendments.
DATES: The 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.
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
the proposal. If significant material adverse comments are received 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 this direct final
rule, then no further action will be taken on the companion proposal
and these amendments will become effective October 24, 1997.
Also being published in today's Federal Register are technical
amendments to the guidelines and standards. The technical amendments
are being published in a similar format to these court-related
amendments, with a direct final rule and a companion proposal.
I. Background
On December 20, 1989, under the authority of section 111(b) of the
Clean Air Act of 1977, EPA proposed guidelines and standards for MWC
units (40 CFR part 60, subparts Ca and Ea, respectively). The subpart
Ca guidelines and subpart Ea standards were promulgated on February 11,
1991. The 1990 Amendments to the Clean Air Act included a new section
129 applicable to MWC units, which required EPA to review the subpart
Ca guidelines and subpart Ea standards and determine if they were fully
consistent with the requirements of the new section. The EPA reviewed
the subpart Ca guidelines and subpart Ea standards and concluded that
they were not fully consistent with the requirements of the new section
129. The EPA proposed revised guidelines (subpart Cb) and standards
(subpart Eb) on September 20, 1994 to make the guidelines and standards
consistent with the requirements of section 129. The revised guidelines
and standards were adopted as final on December 19, 1995.
The 1995 rules subcategorized the MWC population into two
categories of MWC units based on the total capacity of the MWC plants
at which the MWC units were located. The large category included all
MWC units located at MWC plants with aggregate plant combustion
capacities greater than 250 tons per day (actually 225 megagrams per
day, which is approximately 249 tons per day); the small category was
comprised of all MWC units located at MWC plants with aggregate plant
combustion capacities equal to or less than 250 tons per day but larger
than 39 tons per day.
Following promulgation, two petitions for review were filed with
the U.S. Court of Appeals for the District of Columbia Circuit
regarding use of aggregate plant capacity as the basis for initial
categorization in the 1995 promulgation. In addition, another petition
was filed which challenged the applicability of the rules to cement
kilns firing MSW. An initial opinion was issued by the District Court
on December 6, 1996. Davis County Solid Waste Management and Recovery
District v. EPA, 101 F.3d 1395 (D.C. Cir. 1996). The EPA filed a
petition for rehearing on February 4, 1997, requesting that the court
reconsider the remedy portion of its opinion and vacate the guidelines
and standards only as they apply to small MWC units (those units with
individual units capacity less than or equal to 250 tons per day) and
all cement kilns. The court granted EPA's petition in full and issued a
revised opinion on March 21, 1997. Davis County Solid Waste Management
and Recovery District v. EPA, 108 F.3d 1454 (D.C. Cir. 1997). On April
8, 1997 the court issued an order implementing its opinion. The final
opinion and order, to which this direct final rule responds, remanded
to EPA the MWC guidelines and standards for the large category for
amendment and vacated the guidelines
[[Page 45117]]
and standards as they applied to small units and all cement kilns. The
1995 guidelines have remained in effect since December 19, 1995 and
will remain in effect for large MWC units during the amendment of the
1995 rules.
The remand required EPA to recalculate the maximum achievable
control technology (MACT) floors for large MWC units consistent with
the court's opinion. For existing sources, because the large category
now includes only MWC units with combustion capacities greater than 250
tons per day, EPA must remove from the 1995 large category a total of
45 MWC units that have individual unit capacities of less than or equal
to 250 tons per day, but that are co-located with other MWC units at
MWC plants that have aggregate capacities greater than 250 tons per
day. These 45 units are commonly referred to as the Davis class
(referencing the name of the Court's opinion that clarifies that EPA
must categorize these units as small MWC units). The removal of the
Davis class units from the large MWC database used in 1995 to determine
the MACT floors results in slightly modified emission guidelines for
four pollutants; the other emission guideline limits are unaffected.
For new sources, the change in applicability does not affect the
calculation of the MACT floors or the resulting standards.
II. Summary of Amendments
A. Change in Applicability
As amended today, the guidelines and standards codified in subparts
Cb and Eb, respectively, apply only to MWC units with combustion
capacities greater than 250 tons per day per unit. This class of MWC
units are referred to as the ``large category'' and the individual
units are referred to as ``large MWC units'' or ``large MWC's.'' This
applicability requirement is different from the 1995 rule, which
applied to all MWC units at plants with aggregate plant combustion
capacities greater than 39 tons per day.
The amended guidelines and standards cover approximately 87 percent
of the MWC capacity covered by the 1995 rule. Consistent with the Davis
decision and court order, small MWC units (those with unit capacities
less than or equal to 250 tons per day) are not covered by the amended
rules and will be addressed in a separate rulemaking. Also consistent
with the Davis decision and court order, the amended rules further
exclude cement kilns firing MSW from coverage while EPA reassesses this
issue. Should EPA conclude that a rulemaking under section 129 is
appropriate for cement kilns combusting MSW, it will propose such
regulations in a separate rulemaking.
Although the 1995 rules referred to ``225 megagrams per day,''
which is equivalent to 248 tons per day, the rules as amended by this
action refer only to 250 tons per day capacity with no metric
conversion to be fully consistent with the language in the court's
decision and sections 129(a)(1) (B) and (C) of the Clean Air Act.
These applicability changes amend Secs. 60.32b, 60.50b, and 60.59b.
Associated with these changes, references to large and small plants
have been removed throughout subpart Cb to clarify the amended
guidelines.
B. Emission Limits
1. Emission Guidelines (Subpart Cb)
As a result of the recalculation of the MACT floors, emission
limits have been revised slightly from the 1995 promulgation. For a
detailed discussion of the MACT floor analysis methodology, refer to
the 1994 proposal preamble (59 FR 48228), the September 1995 report
``Municipal Waste Combustion: Background Information Document for
Promulgated Standards and Guidelines--Public Comments and Responses''
(EPA-453/R-95-013b), and docket A-90-45.
In the 1995 promulgation, the MACT floors for each pollutant were
based on the average emission limitation achieved by the best-
performing 25 MWC units (12 percent of the 209 units in the 1995 large
category). In the 1995 promulgated emission guidelines, EPA established
MACT standards for eight pollutants (60 FR 65401 and 65402). As
discussed in the preamble to the proposed and promulgated guidelines,
the MACT standards for three pollutants--dioxins/furans, mercury, and
cadmium--were more stringent than their respective MACT floors (59 FR
48246, and 60 FR 65401 and 65406), and the MACT standards for five
pollutants--lead, particulate matter, sulfur dioxide, hydrogen
chloride, and nitrogen oxides--were set at their respective MACT floors
(59 FR 48246, and 60 FR 65401 and 65402).
Of the 209 MWC units in the 1995 promulgated large category, as
noted previously, 45 are MWC units that are directly affected by the
Court's decision (i.e., there currently are 45 MWC units with
individual unit capacity less than or equal to 250 tons per day that
are located at plants with aggregate capacities greater than 250 tons
per day). The Court held that these 45 units must be placed in the
small unit category and the large category must be reexamined based on
this change. This results in the revised large category containing 164
MWC units (209-45=164). The MACT floors for each pollutant for the
large category, therefore, must now be based on the average emission
limitation achieved by the best-performing 20 MWC units in the large
category (12 percent of 164), rather than the 25 units used in the 1995
guidelines.
The EPA calculated the revised MACT floors based on the best-
performing 20 units and determined that the MACT floors for seven
pollutants have become more stringent than the 1995 MACT floors.
However, after comparing the MACT floors for the revised large category
to the 1995 emission guideline levels for MWC units at large plants, it
was determined that the MACT emission limits would need to change for
only four pollutants. The MACT emission limits for the other pollutants
do not change as a result of the change in the large category, either
because the MACT floor does not change and the emission limit was set
at the MACT floor (i.e., particulate matter), or because the 1995
emission limit is more stringent than either the 1995 MACT floor or the
revised MACT floor (i.e., mercury, cadmium, dioxins/furans).
The revised MACT floors have led to slightly more stringent MACT
limits for lead, sulfur dioxide, hydrogen chloride limits, and the
fluidized bed combustor nitrogen oxides limit. These additional limits
are being added to the guidelines as supplemental limits, and
compliance with the supplemental limits can be no later than 5 years
after publication or 3 years after EPA's approval of a State plan
incorporating these supplemental limits, whichever is first. The
original 1995 limits for these pollutants remain in the guidelines for
large MWC units, and compliance with them remains December 19, 2000 or
3 years after EPA's approval of a State plan implementing these
guidelines, whichever is first. The supplemental emission limits and
their associated compliance dates are as follows:
[[Page 45118]]
Amended Limits for Subpart Cb (Guidelines)
------------------------------------------------------------------------
Compliance Compliance
Pollutant by 2000 a by 2002 b
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Lead (mg/dscm).............................. 0.49 0.44
Sulfur Dioxide (ppmv)....................... 31 29
Hydrogen Chloride (ppmv).................... 31 29
Nitrogen Oxides from Fluidized Bed
Combustors (ppmv).......................... 240 180
------------------------------------------------------------------------
a These limits and all other limits in the 1995 guidelines have remained
in force since December 19, 1995, and compliance with them is required
by December 19, 2000 or 3 years after approval of a State plan,
whichever is first.
b These supplemental limits are being added to the guidelines and
compliance with them is required by 5 years after promulgation of
these amendments or 3 years after approval of a revised State plan
incorporating these amendments, whichever is first.
In addition to the more stringent limits described above, the
revised MACT floors for nitrogen oxides have led to a slightly less
stringent limit for mass-burn waterwall combustors. EPA will approve
State plans that include the less restrictive nitrogen oxide limit of
205 ppmv for mass burn waterwall combustors prior to the effective date
of these amendments, consistent with the Davis decision. Also, the
``other'' combustor type subcategory for nitrogen oxides that was
included in the 1995 guidelines was determined to be unnecessary
because all known existing large MWC units fit into the first five
subcategories (i.e., mass burn waterwall, mass burn rotary waterwall,
refuse-derived fuel, fluidized bed, or mass burn refractory
combustors).
The revised emission limits for all four pollutants can be achieved
using the same types of air pollution control technology that served as
the basis of the 1995 promulgated limits: spray dryer/electrostatic
precipitator/carbon injection or spray dryer/fabric filter/carbon
injection, and selective noncatalytic reduction for non-refractory
combustor types.
2. Standards of Performance (Subpart Eb)
Since no Davis class units were used as the basis for the emission
limits in the standards for the large category in the 1995 rules, there
is no change to the MACT floor, the technology determined to be MACT,
or the MACT emission limits that were established in the 1995
promulgation of the standards.
C. Compliance Times and State Plan Revisions for Existing MWC units
Under section 129(b)(2), emission guidelines are not directly
enforceable; rather, States must develop section 111(d)/129 State plans
that implement and enforce the guidelines. The State plans implementing
the 1995 guidelines for large MWC units were due December 1996. State
plans adding the supplemental limits discussed above are due within 1
year after promulgation of these amendments.
All large MWC units must be in compliance with the 1995 emission
limits within 3 years of State plan approval or by December 19, 2000,
whichever is first, and must be in compliance with the supplemental
emission limits promulgated today no later than August 26, 2002 or 3
years after EPA approval of a State plan implementing these limits,
whichever is first, consistent with sections 129(b) (2) and (3) of the
Clean Air Act.
D. Definitions
The definition of MWC plant in Sec. 60.51b of the 1995 standards
referred to units that were ``constructed, modified, or reconstructed
after September 20, 1994'' which contradicts the applicability dates
for modified or reconstructed units specified in the applicability
section. Under the applicability section, the date of September 20,
1994 is used to determine applicability of the standards to newly
constructed units and the date of June 19, 1996 is used to determine
applicability of the standards to modified/reconstructed units,
consistent with sections 129 (f)(1), (g)(2), and (g)(3) of the Clean
Air Act. To correct this, the amended MWC plant definition
(Sec. 60.51b) now refers only to ``affected facilities'' and directs
the reader to the applicability section (Sec. 60.50b) to determine what
constitutes an affected facility. A similar change was made to
Sec. 60.31b of the guidelines. The definition of MWC unit in
Sec. 60.51b was amended to add language exempting all cement kilns
firing MSW, consistent with the Davis decision.
E. Other Changes
The heading of subpart Cb was revised to include the date of
September 20, 1994. This change was made to correct the subpart Cb
heading listed in the introduction to part 60 which erroneously
included the date of December 19, 1995. The heading of subpart Eb and
the language of Sec. 60.52b(c)(1) were amended to avoid confusion
regarding the applicability to modified or reconstructed units.
III. 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-D (see
DATES, ADDRESSES, and SUPPLEMENTARY INFORMATION of the proposal notice
published elsewhere in today's Federal Register for more details). As
discussed under the SUPPLEMENTARY INFORMATION section of this direct
final rule and also as discussed in 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.
IV. 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
[[Page 45119]]
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. Today's action reduces the coverage of the 1995 standards and
the burden of the 1995 standards. 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 do 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.
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.
2. Revise the heading for subpart Cb to read as follows:
Subpart Cb--Emission Guidelines and Compliance Times for Large
Municipal Waste Combustors That Are Constructed on or Before
September 20, 1994
3. In Sec. 60.31b revise the definition of ``Municipal waste
combustor plant'' to read as follows:
Sec. 60.31b Definitions.
* * * * *
Municipal waste combustor plant means one or more designated
facilities (as defined in Sec. 60.32b) at the same location.
* * * * *
4. Amend Sec. 60.32b as follows:
a. In paragraph (b)(2) remove the words ``10 megagrams'' and add,
in their place, the words ``11 tons'';
b. Revise paragraph (a) and the introductory text of paragraph (b),
and add new paragraph (m) to read as follows:
Sec. 60.32b Designated facilities.
(a) The designated facility to which these guidelines apply is each
municipal waste combustor unit with a combustion capacity greater than
250 tons per day of municipal solid waste for which construction was
commenced on or before September 20, 1994.
(b) Any municipal waste combustion unit that is capable of
combusting 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
or equal to 11 tons per day is not subject to this subpart if the owner
or operator:
* * * * *
(m) Cement kilns firing municipal solid waste are not subject to
this subpart.
5. Amend Sec. 60.33b as follows:
a. In paragraphs (a)(1)(i), (a)(2)(i), (a)(2)(iii), (b)(1)(i),
(b)(2)(i), and (c)(1) introductory text remove the phrase ``located
within a large municipal waste combustor plant'';
b. In paragraphs (a)(1)(iii) and (a)(3) remove the phrase ``located
within a small or large municipal waste combustor plant'';
c. Remove and reserve paragraphs (a)(1)(ii), (a)(2)(ii),
(a)(2)(iv), (b)(1)(ii), (b)(2)(ii), and (c)(2);
d. In paragraph (d) introductory text remove the phrase ``located
within large municipal waste combustor plants'';
e. In table 1, referenced in paragraph (d) introductory text,
remove the phrase ``AT LARGE MUNICIPAL WASTE COMBUSTOR PLANTS'' from
the title; remove the mass burn waterwall nitrogen oxides emission
limit of ``200'' and add, in its place, the emission limit of ``205'';
remove the last line of the table ``Other b 200''; and
remove the footnote `` b Excludes mass burn refractory
municipal waste combustors.'';
f. In paragraph (d)(1)(i) remove the phrase ``An owner or operator
of a large
[[Page 45120]]
municipal'' and add, in its place, the phrase ``The owner or operator
of a municipal'';
g. In table 2, referenced in paragraph (d)(1)(iii), remove the
title ``NITROGEN OXIDES LIMITS FOR EXISTING DESIGNATED FACILITIES
INCLUDED IN AN EMISSIONS AVERAGING PLAN AT LARGE MUNICIPAL WASTE
COMBUSTOR PLANTS'' and add, in its place, the title ``NITROGEN OXIDES
LIMITS FOR EXISTING DESIGNATED FACILITIES INCLUDED IN AN EMISSIONS
AVERAGING PLAN AT A MUNICIPAL WASTE COMBUSTOR PLANT a '';
remove the mass burn waterwall nitrogen oxides emission limit of
``180'' and add, in its place, the emission limit of ``185''; remove
the superscript `` a '' from the end of the heading of the
second column and add, in its place, the superscript `` b
''; remove the line ``Other b 180'' from the table; remove
footnote b; redesignate footnote `` a '' as ``b
'' ; and add the footnote `` a mass burn refractory
municipal waste combustors and other MWC technologies not listed above
may not be included in an emissions averaging plan.''; and
h. Revise paragraph (d)(1)(i)(B), and add paragraphs (a)(4),
(b)(3), and (d)(3) to read as follows:
Sec. 60.33b Emission guidelines for municipal waste combustor metals,
acid gases, organics, and nitrogen oxides.
(a) * * *
(4) For approval, a State plan shall be submitted by August 25,
1998 and shall include an emission limit for lead at least as
protective as the emission limit for lead specified in this paragraph.
The emission limit for lead contained in the gases discharged to the
atmosphere from a designated facility is 0.44 milligrams per dry
standard cubic meter, corrected to 7 percent oxygen.
(b) * * *
(3) For approval, a State plan shall be submitted by August 25,
1998 and shall include emission limits for sulfur dioxide and hydrogen
chloride at least as protective as the emission limits specified in
paragraphs (b)(3)(i) and (b)(3)(ii) of this section.
(i) The emission limit for sulfur dioxide contained in the gases
discharged to the atmosphere from a designated facility is 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.
(ii) The emission limit for hydrogen chloride contained in the
gases discharged to the atmosphere from a designated facility is 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.
* * * * *
(d) * * *
(1) * * *
(i) * * *
(B) Mass burn refractory municipal waste combustor units and other
municipal waste combustor technologies not listed in paragraph
(d)(1)(iii) of this section may not be included in the emissions
averaging plan.
* * * * *
(3) For approval, a State plan shall be submitted by August 25,
1998 and shall include emission limits for nitrogen oxides from
fluidized bed combustors at least as protective as the emission limits
listed in paragraphs (d)(3)(i) and (d)(3)(ii) of this section.
(i) The emission limit for nitrogen oxides contained in the gases
discharged to the atmosphere from a designated facility that is a
fluidized bed combustor is 180 parts per million by volume, corrected
to 7 percent oxygen.
(ii) If a State plan allows nitrogen oxides emissions averaging as
specified in paragraphs (d)(1)(i) through (d)(1)(v) of this section,
the emission limit for nitrogen oxides contained in the gases
discharged to the atmosphere from a designated facility that is a
fluidized bed combustor is 165 parts per million by volume, corrected
to 7 percent oxygen.
Sec. 60.34b [Amended]
6. In Sec. 60.34b(a) remove the phrase ``located within a small or
large municipal waste combustor plant''.
Sec. 60.35b [Amended]
7. In Sec. 60.35b remove the phrase ``located within small or large
municipal waste combustor plants''.
Sec. 60.38b [Amended]
8. In Sec. 60.38b remove the phrase ``at large municipal waste
combustor plants'' from paragraph (b), and remove and reserve paragraph
(c).
9. Amend Sec. 60.39b as follows:
a. In paragraphs (c)(1) introductory text and (c)(4)(ii) remove the
phrase ``located within large municipal waste combustor plants'';
b. In paragraph (c)(2) remove the phrase ``located within a large
municipal waste combustor plant'';
c. Remove and reserve paragraphs (c)(3) and (c)(4)(i);
d. In paragraph (c)(4)(iii) introductory text remove the phrase
``located within small or large municipal waste combustor plants'';
e. In paragraph (c)(5) remove the phrase ``that are located within
a large municipal waste combustor plant''; and
f. Revise the first sentence of paragraph (b), revise paragraph
(d), and add paragraphs (e) and (f) to read as follows:
Sec. 60.39b Reporting and recordkeeping guidelines and compliance
schedules.
* * * * *
(b) Not later than December 19, 1996, each State in which a
designated facility is located shall submit to the EPA Administrator a
plan to implement and enforce all provisions of this subpart except
those specified under Sec. 60.33b (a)(4), (b)(3), and (d)(3). * * *
* * * * *
(d) In the event no plan for implementing the emission guidelines
is approved by EPA, all designated facilities meeting the applicability
requirements under Sec. 60.32b shall be in compliance with all of the
guidelines, except those specified under Sec. 60.33b (a)(4), (b)(3),
and (d)(3), no later than December 19, 2000.
(e) Not later than August 25, 1998, each State in which a
designated facility is operating shall submit to the EPA Administrator
a plan to implement and enforce all provisions of this subpart
specified in Sec. 60.33b (a)(4), (b)(3), and (d)(3).
(f) In the event no plan for implementing the emission guidelines
is approved by EPA, all designated facilities meeting the applicability
requirements under Sec. 60.32b shall be in compliance with all of the
guidelines, including those specified under Sec. 60.33b (a)(4), (b)(3),
and (d)(3), no later than August 26, 2002.
10. Revise the heading for subpart Eb to read as follows:
Subpart Eb--Standards of Performance for Large Municipal Waste
Combustors for Which Construction Is Commenced After September 20,
1994 or for Which Modification or Reconstruction Is Commenced After
June 19, 1996
11. Amend Sec. 60.50b as follows:
a. In paragraph (b)(2) remove the words ``10 megagrams'' and add,
in their place, the words ``11 tons'';
b. Revise paragraphs (a) and (b) introductory text, and add
paragraph (p) to read as follows:
[[Page 45121]]
Sec. 60.50b Applicability and delegation of authority.
(a) The affected facility to which this subpart applies is each
municipal waste combustor unit with a combustion capacity greater than
250 tons per day of municipal solid waste for which construction is
commenced after September 20, 1994 or for which modification or
reconstruction is commenced after June 19, 1996.
(b) Any waste combustion unit that is capable of combusting 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 or equal to
11 tons per day is not subject to this subpart if the owner or
operator:
* * * * *
(p) Cement kilns firing municipal solid waste are not subject to
this subpart.
12. Amend Sec. 60.51b to revise paragraph (1) of the ``Municipal
waste combustor, MWC, or municipal waste combustor unit'' definition
and to revise the ``Municipal waste combustor plant'' definition to
read as follows:
Sec. 60.51b Definitions.
* * * * *
Municipal waste combustor, MWC, or municipal waste combustor unit:
(1) Means any setting or equipment that combusts solid, liquid, or
gasified municipal solid waste including, but not limited to, field-
erected incinerators (with or without heat recovery), modular
incinerators (starved-air or excess-air), boilers (i.e., steam
generating units), furnaces (whether suspension-fired, grate-fired,
mass-fired, air curtain incinerators, or fluidized bed-fired), and
pyrolysis/combustion units. Municipal waste combustors do not include
pyrolysis/combustion units located at a plastics/rubber recycling unit
(as specified in Sec. 60.50b(m)). Municipal waste combustors do not
include cement kilns firing municipal solid waste (as specified in
Sec. 60.50b(p)). Municipal waste combustors do not include internal
combustion engines, gas turbines, or other combustion devices that
combust landfill gases collected by landfill gas collection systems.
* * * * *
Municipal waste combustor plant means one or more affected
facilities (as defined in Sec. 60.50b) at the same location.
* * * * *
13. In Sec. 60.52b(c)(1) revise the first sentence to read as
follows:
Sec. 60.52b Standards for municipal waste combustor metals, acid
gases, organics, and nitrogen oxides.
* * * * *
(c) * * *
(1) On and after the date on which the initial performance test is
completed or is required to be completed under Sec. 60.8 of subpart A
of this part, no owner or operator of an affected facility for which
construction, modification or reconstruction commences on or before
November 20, 1997 shall cause to be discharged into the atmosphere from
that affected facility any gases that contain dioxin/furan emissions
that exceed 30 nanograms per dry standard cubic meter (total mass),
corrected to 7 percent oxygen, for the first 3 years following the date
of initial startup. * * *
* * * * *
Sec. 60.59b [Amended]
14. In Sec. 60.59b paragraphs (a) introductory text and (b)
introductory text remove the phrase ``located at a municipal waste
combustor plant'', and remove the words ``35 megagrams'' and add, in
their place, the words ``250 tons''.
[FR Doc. 97-22369 Filed 8-22-97; 8:45 am]
BILLING CODE 6560-50-P