[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will be withdrawn.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