[Federal Register Volume 63, Number 218 (Thursday, November 12, 1998)]
[Rules and Regulations]
[Pages 63191-63209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29967]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[AD-FRL-6185-4]
RIN 2060-ZA03


Federal Plan Requirements for Large Municipal Waste Combustors 
Constructed on or Before September 20, 1994

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates (adopts) a Federal plan to implement 
emission guidelines for MWC units located in areas not covered by an 
approved and currently effective State plan. The Federal plan is an 
interim action because on the effective date of an approved State plan, 
the Federal plan will no longer apply to MWC units covered by the State 
plan. This MWC Federal plan includes the same required elements as a 
State plan as specified in 40 CFR part 60, subpart B. These elements 
are: identification of legal authority; identification of mechanisms 
for implementation; inventory of affected facilities; emission 
inventory; emission limits; compliance schedules; public hearing 
requirements; reporting and recordkeeping requirements; and public 
progress reports.
    On December 19, 1995, EPA adopted emission guidelines for existing 
municipal waste combustor (MWC) units. Section 129 of the Clean Air Act 
(Act) requires States with existing MWC units subject to the guidelines 
to submit plans to EPA that implement and enforce the emission 
guidelines. The State plans were due on December 19, 1996. States 
without MWC units subject to the emission guidelines must submit a 
negative declaration letter. Following receipt of a State plan, EPA has 
up to 6 months to approve or disapprove the plan. If a State with 
existing MWC units does not submit an approvable plan within 2 years 
after promulgation of the guidelines (i.e., December 19, 1997), the Act 
requires EPA to develop, implement, and enforce a Federal Plan for MWC 
units in that State. This MWC Federal plan was proposed on January 23, 
1998 (63 FR 3509).

EFFECTIVE DATE: The effective date of this MWC Federal plan is December 
14, 1998. The incorporation by reference of certain publications listed 
in the rule is approved by the Director of the Federal Register as of 
December 14, 1998.
    Judicial Review. This section 111(d)/129 rule for municipal waste 
combustors was proposed on January 23, 1998 (63 FR 3509). This notice 
promulgating a rule for municipal waste combustors constitutes final 
administrative action concerning that proposal. Under section 307(b)(1) 
of the Act, judicial review of this final rule is available only by 
filing a petition for review in the U.S. Court of Appeals for the 
District of Columbia Circuit by January 11, 1999. Under section 
307(d)(7)(B) of the Act, only an objection to this rule that was raised 
with reasonable specificity during the period for public comment can be 
raised during judicial review. Moreover, under section 307(b)(2) of the 
Act, the requirements established by today's final action may not be 
challenged separately in any civil or criminal proceeding brought by 
the EPA to enforce these requirements.
ADDRESSES: Docket. Docket numbers A-89-08, A-90-45, and A-97-45 contain 
the supporting information for this promulgated rule and the supporting 
information for EPA's promulgation of emission guidelines for existing 
MWC units. Public comments on the proposed rule for this action were 
received in docket number A-97-45. The dockets are available for public 
inspection and copying between 8:00 a.m. and 5:30 p.m., Monday through 
Friday, at EPA's Air and Radiation Docket and Information Center (Mail 
Code 6102), 401 M Street, SW, Washington, DC 20460, or by calling (202) 
260-7548. The docket is located at the above address in Room M-1500, 
Waterside Mall (ground floor, central mall). A reasonable fee may be 
charged for copying.

FOR FURTHER INFORMATION CONTACT: For procedural and implementation 
information regarding this Federal Plan, contact Ms. Julie Andresen 
McClintock at (919) 541-5339, Program Review Group, Information 
Transfer and Program Integration Division (MD-12), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711. For 
technical information regarding State plans, contact Mr. Walt Stevenson 
at (919) 541-5264, Combustion Group, Emission Standards Division (MD-
13), U.S. Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711. For State-specific information regarding the 
implementation of this Federal plan, contact the appropriate Regional 
Office (table 2) as shown in section I of SUPPLEMENTARY INFORMATION.
    The following outline shows the organization of the SUPPLEMENTARY 
INFORMATION section of this preamble.

I. Background of MWC Regulations and Affected Facilities
    A. Background of MWC Regulations
    B. MWC Federal Plan and Affected Facilities
    C. Status of State Plans
II. Required Elements of the MWC Federal Plan
III. Changes Since Proposal
    A. Final Control Plan Requirements
    B. Dates for Increments of Progress
    C. Options 1, 2, and 3 and Site-specific Compliance Schedules
    D. Compliance Dates Already Achieved
    E. Subpart Cb Amended Emission Limits
IV. Summary of Federal Plan Emission Limits and Requirements
V. Implementation of Federal Plan and Delegation
    A. Background of Authority
    B. Delegation of the Federal Plan
    C. Mechanisms for Transferring Authority
VI. Title V
VII. Administrative Requirements
    A. Docket
    B. Paperwork Reduction Act
    C. Executive Order 12866
    D. Unfunded Mandates Reform Act of 1995
    E. Regulatory Flexibility Act/Small Business Regulatory 
Enforcement Fairness Act of 1996
    F. Submission to Congress and the General Accounting Office
    G. National Technology Transfer and Advancement Act
    H. Executive Order 12875
    I. Executive Order 13084
    J. Executive Order 13045

SUPPLEMENTARY INFORMATION: 

I. Background of MWC Regulations and Affected Facilities

A. Background of MWC Regulations

    On February 11, 1991 (56 FR 5488), EPA promulgated in the Federal 
Register emission guidelines for existing MWC units (40 CFR part 60, 
subpart Ca) under authority of section 111 of the Act as amended in 
1977. On September 20, 1994, EPA proposed revised emission guidelines 
for MWC units (40 CFR part 60, subpart Cb) under sections 111 and 129 
of the Act as amended in 1990. On December 19, 1995, EPA issued final 
emission guidelines applicable to small and large categories of MWC 
units.\1\ See 60 FR 65387. On April 8, 1997, the United States Court of 
Appeals for the District of Columbia Circuit vacated subpart Cb as it 
applies to MWC units with an individual capacity to combust less than 
or equal to 250 tons per day

[[Page 63192]]

of municipal solid waste (MSW) (small MWC units), 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), amended, 108 F.3d 1454 (D.C. Cir. 1997). As a result, subpart Cb 
applies to MWC units with an individual capacity to combust more than 
250 tons per day of MSW per unit (large MWC units). On August 25, 1997 
(62 FR 45116), EPA published changes to the emission guidelines to 
address the court decision. Those changes went into effect on October 
24, 1997 and State plans incorporating those changes were due on August 
25, 1998.
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    \1\ The small category comprised all MWC units located at 
facilities with total capacity to combust between 35 mg/day (40 tons 
per day), and 225 mg/day (250 tons per day) of MSW. The large 
category comprised all MWC units located at facilities with total 
capacity to combust greater than 250 tons per day of MSW.
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    States with existing large MWC units subject to the emission 
guidelines were required to submit to EPA a plan that implements and 
enforces the guidelines within 1 year after promulgation of the 
guidelines, or by December 19, 1996. As stated in the proposal 
preamble, the court's order that vacated the applicability of the 
guidelines to small MWC units and cement kilns did not affect the due 
date or the required content of State plans for Large MWC units. The 
due date for State plans remained December 19, 1996. Section 129(b)(3) 
of the Act requires EPA to develop, implement, and enforce a Federal 
plan for large units located in States that have not submitted an 
approvable plan within 2 years after promulgation of the guidelines, or 
by December 19, 1997.
    Today's action adopts a Federal plan for MWC units that are not yet 
covered by an approved State plan. The elements of the Federal plan are 
summarized in section II of this preamble. This MWC Federal plan was 
proposed in the Federal Register on January 23, 1998 (63 FR 3509). 
Comment letters were received through March 24, 1998. An opportunity 
for public hearing was offered, but no requests were received and a 
public hearing was not held. The public comments and EPA's responses 
are also documented in ``Municipal Waste Combustion: Background 
Information Document for Federal Plan--Public Comments and Responses'' 
(EPA-456/R-98-005), docket A-97-45, item III-B-1. The EPA's responses 
to the public comments and changes to the regulation are also 
summarized in section III of this preamble.

B. MWC Federal Plan and Affected Facilities

    This MWC Federal plan affects all MWC units with a combustion 
capacity greater than 250 tons per day of municipal solid waste (large 
MWC units) that commenced construction on or before September 20, 1994 
that are not covered by an EPA approved and currently effective State 
or Tribal plan. This Federal plan, or portions thereof, also applies to 
each affected facility in any State whose approved State plane is 
subsequently vacated in whole or in part.
    Section 129 of the Act specifies that the Federal plan applies to 
MWC units located in any State that has not submitted an ``approvable'' 
State plan by December 19, 1997. The EPA received several State plans 
before December 19, 1997 and those plans were approved; five more plans 
were approved by August 15, 1998. Any MWC units covered by plans 
submitted after December 19, 1997 are covered by the Federal plan until 
the State plan is approved and becomes effective. An approved State 
plan is a State plan that EPA has reviewed and approved based on the 
requirements in 40 CFR part 60, subpart B to implement and enforce 40 
CFR part 60, subpart Cb. The State plan is effective on the date 
specified in the notice published in the Federal Register announcing 
EPA's approval.
    Today's adoption of this MWC Federal plan does not preclude a State 
from submitting a State plan later. If a State submits a State plan 
after today's publication of the MWC Federal plan, EPA will review and 
approve or disapprove the State plan. If EPA approves the State plan, 
then the Federal plan no longer applies as of the effective date of the 
State plan. (See the discussion in State Submits A State Plan After 
Large MWC Units in the State Are Subject to the Federal Plan in section 
V of this preamble.)
    Sections 62.14100 and 62.14102 of subpart FFF describe the MWC 
units included and excluded from the Federal plan. The exclusion table 
in Sec. 62.14102 of subpart FFF lists those units, by State, to which 
the MWC Federal plan currently does not apply. The exclusion table is 
provided as a matter of convenience and is not controlling in 
determining whether a large MWC unit is subject to the Federal plan. 
Any large MWC unit not covered by an approved and currently effective 
State plan is subject to the Federal plan. As State plans are approved, 
EPA will periodically amend the exclusion table in Sec. 62.14102 of 
subpart FFF to identify MWC units covered in EPA-approved and currently 
effective State plans.
    If a large MWC unit was overlooked by a State and the State 
submitted a negative declaration letter, the large unit would be 
subject to this Federal plan. Also, the EPA believes that no large MWC 
units are located in Indian country. In the unlikely event that a large 
MWC unit is located in Indian country, then the unit would be covered 
by the Federal plan, unless it is covered by an approved and currently 
effective Tribal plan. The tribal Authority Rule authorizes eligible 
Tribal governments to submit to EPA a section 129/111(d) State plan for 
MWCs (63 FR 7254, February 12, 1998). The Tribal Authority Rule also 
contains a discussion on the EPA's authority to implement Clean Air Act 
programs in Indian country. See also the preamble discussion in the 
Federal Operating Permits Program proposed rule published on March 21, 
1997, 62 FR 13747.

C. Status of State Plans

    Many States are making significant progress on their State plans. 
Twenty-four States have large MWC units and require State plans. The 
EPA has approved the State plans for Florida (62 FR 36995), Georgia (63 
FR 27494), Illinois (62 FR 67570), Minnestoa (63 FR 43080), New York 
(63 FR 41427), Oregon (62 FR 36995), South Carolina (63 FR 40046), and 
Tennessee \2\ and the MWC units covered in those State plans are not 
covered by the MWC Federal plan, as of the effective date specified in 
the Federal Register notice announcing EPA's approval of the State 
plan. The EPA expects more State plans to be approved in the next few 
months. Table 1 summarizes the status of States without State plans. 
The table is based on information received from EPA Regional Offices 
(A-97-45, IV-J-2). The status of States without State plans as of July 
27, 1998 is as follows:

    \2\ Program approval of the State plan has been signed by the 
Regional Administrator, but not yet published in the Federal 
Register. If the approval of the State plan occurs in a timely 
fashion, the State plan and not the Federal plan will apply. 
However, if approval is delayed for reasons such as receipt of 
adverse comments, the Federal plan will apply for the short period 
until the State plan is approved. Any delay in the approval of a 
State plan will be announced in the Federal Register.
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     The EPA has received a negative declaration letter from 
States listed in section I of table 1 stating that there are no 
large MWC units in these States; thus EPA is not expecting a State 
plan to be submitted from these States. However, in the unlikely 
event that there are large MWC units located in any of these States, 
this Federal plan would automatically apply to them;
     The EPA has received a State plan from States listed in 
section II of table 1 and the State plans currently are being 
reviewed by EPA. The Federal plan covers large MWC units in these 
States until these State plans are approved by EPA and become 
effective;
     The EPA has received a State plan or a negative 
declaration letter from the States listed in section III of table 1. 
The large MWC

[[Page 63193]]

units in these States are subject to the MWC Federal plan until a 
State plan applicable to large MWC units is approved by EPA and 
become effective.

       Table 1.--Status of States Without an Approved State Plan a
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                    State                              Status c
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                I. Negative Declaration Submitted to EPA
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Region I:
  Rhode Island..............................  A
  Vermont...................................  A
Region II:
  Puerto Rico...............................  A
  Virgin Islands............................  A
Region III b:
  Delaware..................................  A
  District of Columbia......................  A
  West Virginia.............................  A
Region IV:
  Kentucky..................................  A
  Mississippi...............................  A
  North Carolina............................  A
Region V:
  Wisconsin.................................  A
Region VI:
  Arkansas..................................  A
  Louisiana.................................  A
  New Mexico................................  A
  Texas.....................................  A
Region VII:
  Iowa......................................  A
  Kansas....................................  A
  Missouri..................................  A
  Nebraska..................................  A
Region VIII:
  Colorado..................................  A
  Montana...................................  A
  North Dakota..............................  A
  South Dakota..............................  A
  Utah......................................  A
  Wyoming...................................  A
Region IX:
  American Samoa............................  A
  Arizona...................................  A
  Nevada....................................  A
  Northern Mariana Islands..................  A
Region X:
  Alaska....................................  A
  Idaho.....................................  A
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                     II. State plan submitted to EPA
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Region I:
  Maine.....................................  B
Region III:
  Maryland..................................  C
  Pennsylvania..............................  C
Region VI:
  Oklahoma..................................  B
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III. Neither a State plan nor a negative declaration letter submitted to
                                   EPA
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Region I:
  Connecticut...............................  D
  New Hampshire.............................  D
  Massachusetts.............................  D
Region II:
  New Jersey................................  D
Region III:
  Virginia..................................  D
Region IV:
  Alabama...................................  D
Region V:
  Indiana...................................  D
  Michigan..................................  D
  Ohio......................................  D
Region IX:
  California................................  D
  Guam......................................  D
  Hawaii....................................  D
Region X:
  Washington................................  D
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a Any large MWC units in these States are covered by the Federal plan.
b The City of Philadelphia and Allegheny County, Pennsylvania submitted
  documentation stating that they have no municipal waste combustors
  that would be subject to the emission guidelines; however, the
  Pennsylvania Department of Environmental Protection submitted a State
  plan.
c Status codes.
A=Negative declaration submitted. No State plan is expected. However, in
  the unlikely event that large MWC units are located in any of these
  States, this Federal plan would automatically apply to them.
B=State plan has been submitted and is being received by EPA. If the
  plan is approved and becomes effective, MWC units covered by the State
  plan would not be subject to the promulgated Federal plan.
C=State plan has been submitted, but is incomplete.
D=State plan or negative declaration submittal has not been received.

Regulated Entities
    Entities regulated by this action are existing MWC units with the 
capacity to combust greater than 250 tons per day of MSW unless the 
unit is subject to a section 111(d)/129 State plan that has been 
approved by EPA and is in effect. Today's MWC Federal plan will affect 
MWC units in 15 States. However, many State plans are expected to be 
approved in the next few months. Based on a 1997 MWC inventory and 
recent information from EPA Regional Offices (A-97-45, IV-J-2), this 
Federal plan is expected to affect MWC units in 16 States. Regulated 
categories and entities include:

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           Category                  Examples of regulated entities
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Industry and Local Government  Waste-to-energy plants that generate
 Agencies.                      electricity or steam from the combustion
                                of garbage by feeding municipal waste
                                into large furnaces.
                               Incinerators that combust trash but do
                                not recover energy from the waste.
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    The foregoing table is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be regulated 
by this MWC Federal plan. For specific applicability criteria, see 
Secs. 62.14100 and 62.14102 of subpart FFF.
Regional Office Contracts
    For information regarding the implementation of the MWC Federal 
Plan, contact the appropriate EPA Regional Office as shown in table 2.

                         Table 2.--EPA Regional Contacts for Municipal Waste Combustors
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                             Regional contact                                   Phone No.           Fax No.
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John Courcier, U.S. EPA, Region I (Connecticut, Maine, Massachusetts, New
 Hampshire, Rhode Island, Vermont), John F. Kennedy Federal Bldg., Boston,
 MA 02203-0001............................................................     (617) 565-9462     (617) 565-4940
Christine DeRosa, U.S. EPA, Region II (New Jersey, New York, Puerto Rico,
 Virgin Islands), 290 Broadway, New York, NY 10007-1866...................     (212) 637-4022     (212) 637-3901
James B. Topsale, U.S. EPA/3AP22, Region III (Delaware, District of
 Columbia, Maryland, Pennsylvania, Virginia, West Virginia), 1650 Arch
 Street, Philadelphia, PA 19103-2029......................................     (215) 814-2190     (215) 814-2134
Scott Davis, U.S. EPA/APTMD, Region IV (Alabama, Florida, Georgia,
 Kentucky, Mississippi, North Carolina, South Carolina, Tennessee), 345
 Courtland St., N.E., Atlanta, GA 30365...................................     (404) 562-9127     (404) 562-9095

[[Page 63194]]

Douglas Aburano (MN)......................................................     (312) 353-6960     (312) 886-5824
Mark Palermo (IL, IN, OH).................................................     (312) 886-6082  .................
Victoria Hayden (MI)......................................................     (312) 886-4023  .................
Charles Hatten (WI).......................................................     (312) 886-6031  .................
    U.S. EPA/AT18J, Region V (Illinois, Indiana, Michigan, Minnesota,
     Ohio, Wisconsin), 77 W. Jackson Blvd., Chicago, IL 60604
Mick Cote, U.S. EPA, Region VI (Arkansas, Louisiana, New Mexico, Oklahoma,
 Texas), 1445 Ross Ave., Suite 1200, Dallas, TX 75202-2733................     (214) 665-7219     (214) 665-7263
Wayne Kaiser, U.S. EPA, Region VII (Iowa, Kansas, Missouri, Nebraska), 726
 Minnesota Ave., Kansas City, KS 66101....................................     (913) 551-7603     (913) 551-7065
Mike Owens, U.S. EPA, Region VIII (Colorado, Montana, North Dakota, South
 Dakota, Utah, Wyoming), 999 18th Street, Suite 500, Denver, CO 80202-2466     (303) 312-6440     (303) 312-6064
Patricia Bowlin, U.S. EPA/Air 4, Region IX (American Samoa, Arizona,
 California, Guam, Hawaii, Northern Mariana Islands, Nevada), 75 Hawthorne
 Street, San Francisco, CA 94105..........................................     (415) 744-1188     (415) 744-1076
Catherine Woo, U.S. EPA, Region X (Alaska, Idaho, Oregon, Washington),
 1200 Sixth Ave., Seattle, WA 98101.......................................     (206) 553-1814     (206) 553-0404
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II. Required Elements of the MWC Federal Plan

    Sections 111(d) and 129 of the Act, as amended, 42 U.S.C. 7411(d) 
and 7429(b)(2), require States to develop and implement State plans for 
MWC units to implement and enforce the promulgated emission guidelines. 
Subparts B and Cb of 40 CFR part 60 require States to submit State 
plans that include specified elements. Because this Federal plan is 
being adopted in lieu of State plans, it includes the same essential 
elements: (1) Identification of legal authority, (2) identification of 
mechanisms for implementation, (3) inventory of affected facilities, 
(4) emissions inventory, (5) emission limits, (6) compliance schedules, 
(7) public hearing requirements, (8) reporting and recordkeeping 
requirements, and (9) public progress reports. Each State plan element 
was discussed in detail as it relates to the Federal plan in the 
preamble to the proposed rule (63 FR 3509). The following table (Table 
3) identifies each element and identifies where it is located or 
codified. The EPA received public comments on the emission limits, 
compliance schedules, and reporting presented in section III of this 
preamble.

                Table 3.--Required Elements and Location
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Require element of the MWC Federal plan           Where located
------------------------------------------------------------------------
1. Identification of legal authority...  Section 129(b)(3) of the Act.
2. Identification of mechanisms for      Section V of this preamble.
 implementation.
3. Inventory of affected facilities....  Docket A-97-45, item II-B-1.
4. Emissions inventory.................  Docket A-97-45, item II-B-1.
5. Emission limits.....................  40 CFR 62.14103, 62.14106, and
                                          62.14107 of subpart FFF.
6. Compliance schedules................  40 CFR 62.14108 of subpart FFF.
7. Public hearing requirements.........  63 FR 3517, January 23, 1998.
8. Reporting and recordkeeping           40 CFR 62.14109 of subpart FFF.
 requirements.
9. Public progress reports.............  63 FR 3517, January 23, 1998.
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III. Changes Since Proposal

    This section of the preamble discusses the changes to the MWC 
Federal plan resulting from public comments. The public comments 
received on the proposed Federal plan are summarized and addressed in 
the promulgation background information document (EPA-456/R-98-005, 
docket A-97-45, III-B-1).

A. Final Control Plan Requirements

    The proposed MWC Federal plan included specific requirements for 
the final control plan, which must be submitted to meet the first of 
five increments of progress toward retrofitting air pollution control 
equipment. Commenters indicated that the detailed requirements, 
including a requirement to prepare engineering drawings and 
specifications, go beyond the requirements in 40 CFR part 60, subparts 
B and Cb and EPA's State plan guidance document (EPA-456/R-96-003, 
docket A-97-45, II-A-7). Commenters requested that EPA revise the 
definition of final control plan to maintain consistency with subparts 
B and Cb and the State plan guidance document. This would allow owners 
and operators to better meet the increment 1 date and would be 
consistent with their efforts to prepare the same material for the 
State plan. In response to these comments, EPA revised the definition 
of final control plan to be consistent with 40 CFR part 60, subparts B 
and Cb and the State plan guidance document. The final rule requires a 
control plan, which can be a letter or brief document, that describes 
the controls or process changes that the source will use to comply with 
the emission limits and other requirements. The EPA recognizes the 
importance of maintaining consistency between the Federal plan and 
previous rules and guidance. By maintaining this consistency, MWC 
owners and operators will be preparing the same final control plan 
whether they are subject to the Federal plan or a subsequently approved 
State plan, unless the approved State plan contains requirements that 
are more stringent than those in the Federal plan. The EPA's goal is to 
allow owners and operators sufficient time to select a control 
technology, award contracts, and begin construction to achieve 
compliance by December 19, 2000.

[[Page 63195]]

B. Dates for Increments of Progress

    The proposed MWC Federal plan included a generic compliance 
schedule with five increments of progress toward retrofitting air 
pollution control equipment. The proposed Federal plan would have 
required an owner or operator to submit the final control plan 
(increment 1) by September 21, 1998, award contracts (increment 2) by 
May 18, 1999, begin construction (increment 3) by November 14, 1999, 
finish construction (increment 4) by November 19, 2000, and achieve 
final compliance (increment 5) by December 19, 2000. The EPA received 
requests either to delay the increment 1 compliance date or ``float'' 
the increment dates relative to publication of the final rule in the 
Federal Register (i.e., each date would fall a certain number of months 
after publication). Commenters suggested that floating the dates would 
provide flexibility that would assist in achieving final compliance.
    To respond to these comments, EPA delayed the increment 1 
compliance date to allow sufficient notice and a reasonable amount of 
time for owners and operators to submit their control plans after the 
Federal plan rule is adopted. The revised increment 1 date is 60 days 
after today's publication of the Federal plan, which is about 2 months 
later than the proposed date of September 21, 1998. This will allow an 
owner or operator adequate time to prepare the final control plan, 
which is less detailed than would have been required in the proposal.
    The remaining dates (increments 2 through 5) in the generic 
compliance schedule remain the same as in the proposal. These dates 
were retained for two reasons. First, these dates are achievable and 
they are necessary for MWC owners and operators to stay on track to 
complete retrofits by December 19, 2000. Second, if alternative dates 
are needed, an owner or operator may request alternative dates for 
increments 2, 3, and 4 as discussed in the next section of this 
preamble.
    The EPA maintains that each date in the generic compliance schedule 
is achievable for MWC units. The generic schedule is based on four 
retrofit studies, which give a realistic estimate of the time required 
for an owner or operator to retrofit control equipment and reach final 
compliance. To provide maximum flexibility, the first three Federal 
plan increments are based on the maximum time required by any of the 
cases studied. The fourth increment was established to provide the 
maximum time to retrofit and still meet the final compliance date. The 
fifth and final increment is dictated by the Act. If the State or 
owners or operators wish to differ from the generic compliance 
schedule, they have the option of submitting alternative dates for 
increments 2 through 4, as described below. Because EPA is allowing 
this flexibility, EPA is not floating the generic compliance dates in 
the final Federal plan and is maintaining the proposed compliance dates 
for increments 2 through 5.
    The EPA also maintains that MWC owners and operators have had 
adequate notice to begin retrofits. MWC owners and operators have known 
that they would need to install controls by December 19, 2000 since the 
promulgation of the emission guidelines on December 19, 1995. In July 
of 1996, EPA published the EPA State plan guidance document (EPA-456/R-
96-003) that clearly describes the increments of progress and the final 
compliance date. Thus, MWC owners and operators had adequate time to 
develop their final control plans, plan their increments, and begin 
retrofits.

C. Options 1, 2, and 3 and Site-specific Compliance Schedules

    Commenters supported EPA's approach in providing options for 
establishing the dates for the five increments of progress and EPA is 
retaining the proposed approach in the final Federal plan. The proposed 
Federal plan included three options for establishing the increment 
dates. Under option 1, a facility subject to the Federal plan would 
follow the generic compliance schedule developed by EPA. Under option 
2, a State could submit alternative increment dates during the comment 
period that are consistent with the State plan. Under option 3, a State 
or the owner or operator could submit alternative dates for increments 
2 through 4 on or before the date the final control plan is due under 
the generic compliance schedule. In all options, increment 1 and 5 
dates must match increment 1 and 5 dates in the generic compliance 
schedule. In option 2, EPA reviewed the schedules submitted during the 
comment period and incorporated the approved schedules into the final 
Federal plan. In option 3, EPA would review the schedules before 
approving them and will periodically amend the site-specific table 
(table 6 of subpart FFF) to identify the MWC units with an EPA approved 
site-specific schedule.
    The EPA is keeping these options to maintain consistency with State 
plans and offer flexibility on intermediate increments so long as the 
increment 1 and 5 dates are met. Many States exercised option 2 and 
submitted site-specific compliance schedules during the comment period. 
The EPA reviewed all schedules submitted by States to determine if the 
schedules met the increment 1 and 5 compliance dates. The EPA reviewed 
justification letters for increments 2, 3, and 4, if the dates were 
later than the generic schedule. Based on this review, EPA approved the 
site-specific schedules for various MWC facilities in the following 
States: California, Maine, Maryland, New Jersey, Pennsylvania, and 
Virginia. These approved site-specific schedules appear in table 6 of 
subpart FFF. The background information document (EPA-456/R-98-005, A-
97-45, III-B-1) and a memorandum (A-97-45, IV-A-1) available in the 
docket provide details on the schedules submitted by the commenters and 
EPA's review process.
    Note that under option 3, MWC owners or operators and States still 
have the opportunity to submit site-specific alternative dates for 
increments 2, 3, and 4 for approval at the time the final control plan 
is due. MWC owners or operators must submit the dates and a 
justification to EPA and must provide the State a copy. The EPA will 
review and approve or disapprove the alternative compliance dates in a 
timely manner. In order to facilitate EPA review, the site-specific 
schedule requests should include a justification for the site-specific 
schedule. The date for achieving final compliance for all schedules 
cannot be later than December 19, 2000.

D. Compliance Dates Already Achieved

    At proposal, several States without approved State plans had 
submitted site-specific compliance schedules that included compliance 
dates that had already been achieved. To make it clear that these 
facilities must notify EPA when they meet an increment, EPA revised the 
format of the site-specific compliance schedule in the final rule. 
Rather than inserting ``NA'' (not applicable) for increment dates that 
have been achieved, EPA is inserting an increment compliance date that 
falls 60 days after publication of the final Federal plan. The owner or 
operator of an MWC unit that is not covered by an EPA approved and 
currently effective State plan must submit a notification to EPA 
stating that the increment was met. This is the same notification as 
required for all facilities subject to the Federal plan. The owner or 
operator must mail the (post-marked) notification to the applicable EPA 
Regional Office within 10 business days of the increment date defined 
in the Federal plan. For increments that have been achieved, the

[[Page 63196]]

due date for this notification is 70 days (60 days plus 10 days) after 
publication of this final rule. The EPA is requiring notification to 
ensure completion of increments so the facility will meet the final 
compliance deadline.

E. Subpart Cb Amended Emission Limits

    This MWC Federal plan implements the emission guidelines (40 CFR 
part 60, subpart Cb) for MWC units not covered by an EPA approved and 
currently effective State plan. Because this Federal plan is being 
adopted in lieu of State plans, it contains the same elements required 
by 40 CFR part 60, subparts B and Cb. Each element is described in the 
Federal plan proposal (62 FR 3509, January 23, 1998), including the 
subpart Cb emission limits. Subpart Cb was amended on August 25, 1997 
(62 FR 45116) to include revised emission limits for sulfur dioxide, 
hydrogen chloride, lead, and nitrogen oxides. States were required to 
incorporate the new limits in their State plans by August 25, 1998. The 
amended emission guidelines required final compliance with the amended 
emission limits no later than 5 years after promulgation (August 25, 
2002), consistent with section 129 of the Act. The EPA incorporated 
these revised emission limits in the proposed MWC Federal plan but 
proposed final compliance by December 19, 2000.
    One commenter requested that EPA stagger the compliance dates for 
the amended emission limits to August 25, 2002 to be consistent with 
the maximum time allowed by subpart Cb, as amended. The commenter was 
concerned that there may be a significant cost associated with 
requiring earlier compliance with the more strict standards. However, 
the commenter was not able to provide any specific cost information. 
The EPA maintains that requiring compliance with the revised limits by 
December 19, 2000 does not cause significant additional burden or costs 
to facilities. The same types of air pollution control technology 
served as the basis for both the 1995 limits and the 1997 amended 
limits: spray dryer/fabric filter or electrostatic precipitator (ESP), 
carbon injection, and selective non-catalytic reduction (SNCR) for non-
refractory combustor types. Large municipal waste combustor units need 
to install controls by December 19, 2000 to meet the original limits. 
As soon as these controls are installed, the units will also meet the 
final, amended limits. The EPA's test data used to develop the emission 
guidelines show that these controls actually achieve emission levels 
well below the 1995 and 1997 emission limits (docket A-89-08 and A-90-
45). The 1997 limits are only slightly different than the 1995 limits 
and will not require major operational changes or significantly 
increase costs. Section 129 of the Act and 40 CFR part 60, subpart B, 
require compliance ``as expeditiously as practicable'' and compliance 
with all limits by December 19, 2000 is practicable. Thus, EPA is not 
changing the proposed final compliance date for the amended 1997 limits 
from December 19, 2000.

IV. Summary of Federal Plan Emission Limits and Requirements

    The MWC Federal plan (40 CFR part 62, subpart FFF), which 
implements the emission guidelines, includes emission limits, operating 
practice requirements, operator training and certification 
requirements, and compliance and performance testing requirements. 
These emission limits and requirements are the same as those in the 
emission guidelines (40 CFR part 60, subpart Cb), as amended. Table 4 
summarizes the requirements of the Federal plan rule (40 CFR part 62, 
subpart FFF).

  Table 4.--Summary of Federal Plan Requirements for Existing MWCs a b
Applicability:
    The Federal plan applies to existing MWC units with capacities to
     combust greater than 250 tons per day of municipal solid waste
     unless the unit is subject to a section 111(d)/129 State plan that
     has been approved by EPA and is currently effective.


>250 tons per day (referred to as a large MWC  Subject to provisions listed below.
 unit).


Good Combustion Practices:
     A site-specific operator training manual is required to be
     developed and made available for MWC personnel.
     The EPA or a State MWC operator training course is required
     to be completed by the MWC chief facility operator, shift
     supervisors, and control room operators.
     The ASME (or State-equivalent) provisional and full
     operator certification is required to be obtained by the MWC chief
     facility operator (mandatory), shift supervisors (mandatory), and
     control room operators (optional).
     The MWC load level is required to be measured and not to
     exceed 100 percent of the maximum load level measured during the
     most recent dioxin/furan performance test.
     The maximum PM control device inlet flue gas temperature is
     required to be measured and not to exceed the temperature 17 deg.C
     above the maximum temperature measured during the most recent
     dioxin/furan performance test.
     The CO level is required to be measured using a CEMS, and
     the concentration in the flue gas is required not to exceed the
     following:


Modular starved-air and        50 ppmv...................  4-hour.
 excess-air.
Mass burn waterwall and        100 ppmv..................  4-hour.
 refractory.
Mass burn rotary refractory..  100 ppmv..................  24-hour.
Fluidized-bed combustion.....  100 ppmv..................  4-hour.
Pulverized coal/RDF mixed      150 ppmv..................  4-hour.
 fuel-fired.
Spreader stoker coal/RDF       200 ppmv..................  24-hour.
 mixed fuel-fired.
RDF stoker...................  200 ppmv..................  24-hour.
Mass burn rotary waterwall...  250 ppmv..................  24-hour.
MWC Organic Emissions
 (measured as total mass
 dioxins/furans):
     Dioxins/furans
     (performance test by EPA
     Reference Method 23).


MWC units utilizing an ESP-based air     60 ng/dscm total mass
 pollution control system.                (mandatory) or 15 ng/dscm
                                          total mass (optional to
                                          qualify for less frequent
                                          testing),c.
MWC units utilizing a nonESP-based air   30 ng/dscm total mass
 pollution control system.                (mandatory) or 15 ng/dscm
                                          total mass (optional to
                                          qualify for less frequent
                                          testing),c.


     Basis for dioxin/furan limits GCP and SD/ESP or GCP and SD/
     FF, as specified above.
MWC Metal Emissions:
     PM (performance test by EPA Reference Method 5).

[[Page 63197]]

        27 mg/dscm (0.012 gr/dscf).
     Opacity (performance test by EPA Reference Method 9).
        10 percent (6-minute average).
     Cd (performance test by EPA Reference Method 29).0.040 mg/
     dscm (18 gr/million dscf).
     Pb (performance test by EPA Reference Method 29).
        0.44 mg/dscm (200 gr/million dscf).
     Hg (performance test by EPA Reference Method 29).
        0.080 mg/dscm (35 gr/million dscf) or 85-percent reduction in Hg
         emissions.
     Basis for PM, opacity, Cd, Pb, and Hg limits GCP and SD/ESP/
     CI or GCP and SD/FF/CI.
MWC Acid Gas Emissions:
     SO2 (performance test by CEMS).
        29 ppmv or 75-percent reduction in SO2 emissions.
     HCl (performance test by EPA Reference Method 26).
        29 ppmv or 95-percent reduction in HCl emissions.
     Basis for SO2 and HCl limits.
        See basis for MWC metals.


Nitrogen Oxides Emissions:
     NOX (performance
     test by CEMS):
        Mass burn waterwall..  205 ppmv.
        Mass burn rotary       250 ppmv.
         waterwall.
        Refuse-derived fuel    250 ppmv.
         combustor.
        Fluidized bed          180 ppmv.
         combustor.
        Mass burn refractory.  No NOX control requirement.
     Basis for NOX
     limits:
        MWC units except       SNCR.
         refractory.
        Refractory MWC units.  No NOX control requirement.


Fugitive Ash Emissions:
     Fugitive emissions (performance test by EPA Reference
     Method 22).
        Visible emissions 5 percent of the time from ash transfer
         systems except for maintenance and repair activities.


     Basis for fugitive          Wet ash handling or enclosed
     emission limit.                      ash handling.
Performance Testing and Monitoring
 Requirements:
     Reporting frequency.......  Annual (semiannual if
                                          violation).
     Load, flue gas temperature  Continuous monitoring, 4-hour
                                          block arithmetic average.
     CO........................  CEMS, 4-hour block or 24-hour
                                          daily arithmetic average, as
                                          applicable.
     Dioxins/furans, PM, Cd,     Annual stack test.
     Pb, HCl, and Hg.
     Opacity...................  COMS (6-minute average) and
                                          annual stack test.
     SO2.......................  CEMS 24-hour daily geometric
                                          mean.
         Fugitive ash emissions                    Annual test
     NOX.......................  CEMS, 24-hour daily arithmetic
                                          average.
Compliance Schedule:
    See Section III of this preamble
     and 40 CFR part 62, subpart FFF.
a All concentration levels in the table are converted to 7 percent O2,
  dry basis.
b List of acronyms and abbreviations.
  ASME--American Society of Mechanical Engineers.
  C--Celsius.
  Cd--cadmium.
  CEMS--continuous emissions monitoring system.
  CI--carbon injection.
  CO--carbon monoxide.
  COMS--continuous opacity monitoring system.
  ESP--electrostatic precipitator.
  FF--fabric filter.
  gr/dscm--grains per dry standard cubic meter.
  Hg--mercury.
  MSW--municipal solid waste.
  MWC--municipal waste combustor.
  ng/dscm--nanograms per dry standard cubic meter.
  NOX--nitrogen oxides.
  O2--oxygen.
  Pb--lead.
  PM--particulate matter.
  RDF--refuse-derived fuel.
  SD--spray dryer.
  SNCR--selective noncatalytic reduction.
  TEQ--toxic equivalency.
c Although not part of the dioxin/furan limit, the dioxin/furan total
  mass limits of 30 ng/dscm and 60 ng/dscm are equal to about 0.3 to 0.8
  ng/dscm TEQ and 0.7 to 1.4 ng/dscm TEQ, respectively. The optional
  reduced testing limit of 15 ng/dscm total mass is equal to about 0.1
  to 0.3 ng/dscm TEQ.

V. Implementation of Federal Plan and Delegation

A. Background of Authority

    Under sections 111(d) and 129 of the Act, the EPA is required to 
adopt emission guidelines that are applicable to existing solid waste 
incineration sources. The emission guidelines are not enforceable, 
however, until the EPA approves a State plan or adopts a Federal plan 
for implementing and enforcing them, and the State or Federal plan has 
become effective. In cases where a State has not submitted an 
approvable plan, the EPA must adopt a MWC Federal plan for sources in 
the State as an interim measure to

[[Page 63198]]

implement the emission guidelines until a State plan is approved and 
becomes effective. A few States may not submit a State plan at all.
    Congress has determined that the primary responsibility for air 
pollution prevention and control rests with State and local agencies. 
(See section 101(a)(3) of the Act.) Consistent with that overall 
determination, Congress established sections 111 and 129 of the Act 
with the intent that the States and local agencies take the primary 
responsibility for ensuring that the emission limitations and other 
requirements in the emission guidelines are achieved. Congress 
explicitly required that EPA establish procedures under section 111(d) 
that are similar to those under section 110(c) for State Implementation 
Plans. Congress has shown a consistent intent for the States and local 
agencies to hold the primary responsibility to implement and enforce 
the requirements of the emission guidelines. Congress has also required 
EPA to promulgate a Federal plan for States that fail to submit 
approvable State plans in time. Accordingly, EPA has strongly 
encouraged the States to submit approvable State plans on time, and for 
those States that are unable to submit approvable State plans on time, 
EPA strongly encourages them to request delegation of the Federal plan 
so that they can have the primary responsibility in their State, 
consistent with Congress' overarching intent.
    The EPA believes, more specifically, that the State and local 
agencies have the responsibility to design, adopt, and implement the 
control programs needed to meet the requirements of the MWC rules and 
the MWC Federal plan. The EPA also believes that these agencies possess 
appropriate enforcement resources and other practical advantages to 
ensure the highest rates of actual compliance in the field. For these 
reasons, EPA seeks to employ all available mechanisms to expedite 
program transfer to State and local agencies, where requests for 
delegations can be granted. For example, the EPA has encouraged States 
to help determine compliance schedules and to provide operator training 
and certification requirements for this MWC Federal plan.

B. Delegation of the Federal Plan

    For a State to request delegation of the Federal plan, the State 
must submit to the appropriate EPA Regional Administrator a written 
request for delegation of authority. The State must explain how the 
State meets the criteria for delegation. The minimum criteria include a 
demonstration that adequate resources and legal and enforcement 
authority to administer and enforce the program exist in the State 
requesting the delegation. If the State meets these criteria, EPA will 
approve the delegation of the Federal plan and will announce the 
approval of the delegation in a Federal Register notice. A Memorandum 
of Agreement between the appropriate EPA Regional Office and the State 
would set forth the terms and conditions of the delegation and would be 
used to transfer authority.
    An MWC owner or operator not covered by a State plan can submit 
requests for approvals to EPA directly and should copy the State on the 
request until the Federal Plan is delegated to the State. Actions that 
cannot be delegated, such as the approval of requests for waivers of 
operator training, should be sent to EPA and copied to the State. The 
EPA would, in conjunction with the State, make efforts to ensure that 
affected units are aware that the State has been delegated 
responsibility for implementation of the Federal Plan. The status of 
Federal plan delegations to the States will be posted on the EPA TTN 
Web Website: http://www.epa.gov/ttn/oarpg, along with an up-to-date 
list of State plan submittals.
    The EPA will continue to implement the Federal plan if a State does 
not qualify to take delegation. If a State fails to implement the 
delegated portion of the Federal plan, EPA will take responsibility for 
direct implementation and enforcement of the Federal rule. For all 
delegations, the EPA would still retain the authority to approve an 
alternative ``as protective as'' emission standard, major alternatives 
to test methods, major alternatives to monitoring or waiver of 
recordkeeping, or waiver of operator training and certification. Major 
alternatives include entirely new methods or alternative test methods 
or monitoring methods that use unproven technology or procedures. The 
EPA does not relinquish enforcement authority even when a State has 
received delegation.

C. Mechanisms for Transferring Authority

    There are three mechanisms for transferring implementation 
responsibility to State and local agencies: (1) If EPA approves a State 
plan submitted to EPA after the Federal plan is adopted, the State 
would by definition have authority to enforce and implement its State 
plan in lieu of the Federal plan upon the effective date of EPA's 
approval; (2) if a State does not submit and/or obtain approval of a 
State plan, EPA can delegate the authority to the State to perform 
certain implementation responsibilities for the Federal plan to the 
extent requested by the State and allowed by State law; and (3) if a 
State plan is modified such that it is no longer as protective as the 
emission guidelines, and thus EPA does not approve these less 
protective provisions of the State plan, then EPA could encourage the 
State to request delegation of the MWC Federal plan. Each of these 
different options is described in more detail below.
1. State Submits a State Plan After Large MWC Units Located in the 
State Are Subject to the Federal Plan
    After an MWC unit in a particular State becomes subject to this 
Federal plan, the State may still adopt and submit to EPA for approval 
a State plan which contains all the required elements of a State plan. 
The EPA will determine if the State plan is as protective as the 
emission guidelines. If EPA determines that the State plan is not as 
protective as the guidelines, EPA will disapprove the plan. Large MWC 
units covered in the State plan remain subject to the Federal plan. If 
EPA determines that the State plan is as protective as the emission 
guidelines, EPA will approve the State plan. The State will implement 
and enforce the State plan in lieu of the Federal plan. The approval of 
the State plan automatically conveys to a State the responsibility for 
the 1995 emission guidelines, as amended, through the State plan 
mechanism as intended by Congress.
    The EPA will periodically amend the Federal plan exclusion table to 
identify State that have approved State plans. MWC units covered in 
those approved and effective State plans are not subject to the Federal 
plan. The State plan is effective on the date specified in the notice 
publsihed in the Federal Register announcing EPA's approval, whether or 
not the exclusion table has been revised.
2. State Takes Delegation of the Federal Plan
    As a matter of convenience, States that do not have an approved 
State plan in effect can request responsibilities for implementing the 
Federal plan. The EPA believes that it is advantageous and the best use 
of resources for the State to agree to undertake administrative and 
substantive roles in implementing the Federal plan to the maximum 
extent allowed by law. These roles could include as a minimum: 
administration and oversight of compliance reporting and recordkeeping 
requirements, conduct of source inspections, and preparation of draft 
notices of violation. For some situations, the EPA could

[[Page 63199]]

retain primary responsibility for bringing enforcement actions against 
sources violating Federal plan provisions. These roles could include 
delegation of all substantive actions, including primary responsibility 
for enforcement of the requirements, as allowed by State law and 
approved by EPA.
3. An approved State Plan is No Longer as Protective as the Emission 
Guidelines
    The EPA could also delegate portions of the Federal plan to a State 
for special circumstances. An example would be a State with an approved 
State plan that only contains the 1995 emission limits. This State plan 
must incorporate the revised emission limits by August 25, 1998. If a 
State plan does not incorporate the amended emission limits by that 
date, the State plan would no longer be as protective as the emission 
guidelines. Rather than withdrawing its approval of the entire State 
plan, the EPA could, to the extent authorized by State law, delegate 
that portion of the Federal plan containing the revised emission limits 
(from the August 25, 1997 amendments) to the State. The State would 
have responsibility for implementation and enforcement of all MWC 
requirements, including those in the partially delegated Federal Plan.
    In the proposed Federal plan preamble EPA proposed another option 
for the delegation of the Federal plan in which a State adopts a State 
rule but does not submit a State plan. After considering all other 
proposed options, (e.g. the subsequent approval of a State plan, and 
the straight delegation of the Federal plan), EPA determined that this 
option was unnecessary, and could potentially result in the need to 
make equivalency determinations that would be resource intensive and 
complex to administer. The EPA believes that the preferred way to 
implement and enforce the emission guidelines after the State has 
adopted a State rule is for the State to submit a State plan that 
includes the State rule or other enforceable mechanism, as well as the 
other required elements of an approvable State plan. Upon EPA approval 
of the State plan that includes the enforceable mechanism, both the 
State and ETA are vested with full authority. Upon the effective date 
of EPA's approval of the State plan, the Federal plan will no longer 
apply to MWC units covered by the State plan.

VI. Title V

    All MWC sources subject to this MWC Federal plan must obtain a 
title V permit. Title V permits issued to these sources must include 
all applicable requirements of this Federal plan. (See 40 CFR 70.2 and 
71.2.) The permit must also contain all necessary terms and conditions 
to assure compliance with the applicable requirements.
    If a source is subject to both State and Federal plan requirements 
due to, for example, the delegation options outlined above, then the 
source's permit must contain the applicable provisions from each plan. 
Given that a title V permit for a MWC source may contain both State and 
Federal provisions, it is especially important that each title V permit 
issued to a MWC source clearly state the basis for each requirement 
consistent with 40 CFR 70.6(a)(1)(i) and 71.6(a)(1)(i).

VII. Administrative Requirements

    Since today's promulgated rule simply implements the MWC emission 
guidelines (40 CFR part 60, subpart Cb) promulgated on December 19, 
1995 (60 FR 65387) and amended on August 25, 1997 (62 FR 45116) as they 
apply to large MWC units and does not impose any new requirements, much 
of the following discussion of administrative requirements refers to 
the documentation of applicable administrative requirements as 
discussed in the preamble to the 1995 rule.

A. Docket

    The docket is an organized and complete file of all the information 
considered by EPA in the development of this rulemaking. The docket is 
a dynamic file, since material is added throughout the rulemaking 
development. The docketing system is intended to allow members of the 
public to identify and locate documents so that they can effectively 
participate in the rulemaking process. Along with the proposed and 
promulgated rule and EPA responses to significant comments, the 
contents of the docket will serve as the record in case of judicial 
review [see 42 U.S.C. 7607(d)(7)(A)]. Docket numbers A-89-08 and A-90-
45 contain the supporting information for the December 19, 1995 and 
August 25, 1997 emission guidelines. Because this promulgated rule 
implements the emission guidelines, these same dockets also contain the 
supporting information for this rulemaking. Public comments received on 
the proposed rule for this rulemaking and additional supporting 
information are included in docket number A-97-45.

B. Paperwork Reduction Act

    The information collection requirements in this rule have been 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document has been prepared by EPA 
(ICR No. 1847.01) and a copy may be obtained from Sandy Farmer by mail 
at OPPE Regulatory Information Division; U.S. Environmental Protection 
Agency (2137); 401 M St., S.W.; Washington, DC 20460, by e-mail at 
[email protected], or by calling (202) 260-2740. A copy may 
also be downloaded off the internet at http://www.epa.gov/icr. The 
information requirements are not effective until OMB approves them.
    The information required under this rule is needed by the Agency to 
ensure that the MWC Federal plan requirements are implemented and are 
complied with on a continuous basis. Required records and reports are 
necessary to identify MWC units that may not be in compliance with the 
MWC Federal plan requirements. Based on reported information, EPA will 
decide which units should be inspected and what records or processes 
should be inspected. The records that owners and operators of units 
maintain will indicate whether MWC personnel are operating and 
maintaining control equipment properly.
    The EPA based its ICR calculations on a 1997 MWC inventory (A-97-
45, II-B-1) and information from EPA Regional Offices (A-97-45, IV-J-
1). As of June 1998 when the ICR was submitted, the Federal plan was 
projected to affect 135 MWC units at 56 plants located in 19 States. 
The EPA expected that 12 additional State plans would be approved 
within the year following promulgation and four additional State plans 
will be approved within 2 years following promulgation. (Since June 
1998, the EPA has approved 4 additional State plans.) When a State plan 
is approved and becomes effective, the Federal plan no longer applies 
to MWC units covered in that State plan; therefore, the estimated 
burden will continue to decrease. The estimated annual burden for 
industry averaged over the first 3 years after the implementation of 
the Federal plan is 16,907 hours annually at a cost of $6,285,923 
(including $657,885 in labor costs) per year to meet the monitoring, 
recordkeeping, and reporting requirements. The estimated annual burden 
for the Agency averaged over the first 3 years would be 2,850 hours at 
a cost of $115,003 (including travel expenses) per year.
    Burden means total time, effort, or financial resources expended by 
persons

[[Page 63200]]

to generate, maintain, retain, disclose, or provide information to or 
for a Federal agency. This includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing and 
providing information; adjust the existing ways to comply with any 
previously applicable instructions and requirements; train personnel to 
be able to respond to a collection of information; search data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information. An Agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. 
The OMB control numbers for EPA's regulations are listed in 40 CFR part 
9 and 48 CFR part 15.
    Send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques to the Director, OPPE Regulatory 
Information Division; U.S. Environmental Protection Agency (2137); 401 
M St., S.W.; Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th St., 
N.W., Washington, DC 20503, marked ``Attention: Desk Officer for EPA.'' 
Comments are requested by December 14, 1998. Include the ICR 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 and OMB determine that this regulatory action is ``not 
significant'' under Executive Order 12866. This promulgated Federal 
plan simply implements the 1995 MWC emission guidelines (as amended in 
1997) and does not result in any additional control requirements or 
impose any additional costs above those previously considered during 
promulgation of the 1995 MWC emission guidelines. The EPA considered 
the 1995 emission guidelines and standards to be significant and the 
rules were reviewed by OMB in 1995 (see 60 FR 65405).

D. Unfunded Mandates Reform Act of 1995

    Under section 202 of the Unfunded Mandates Act of 1995, signed into 
law on March 22, 1995, EPA must prepare a budgetary impact statement to 
accompany any rule where the estimated costs to State, local or tribal 
governments in the aggregate, 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 or uniquely impacted by the rule. Under section 205, the 
EPA must select the most cost-effective and least burdensome 
alternative that achieves the objectives of the rule and is consistent 
with statutory requirements. An unfunded mandates statement was 
prepared and published in the 1995 promulgation notice for the emission 
guidelines and standards (see 60 FR 65405 to 65412).
    The EPA has determined that this promulgated Federal plan does not 
include any new Federal mandates or additional requirements above those 
previously considered during promulgation of the 1995 MWC emission 
guidelines. Therefore, the requirements of the Unfunded Mandates Act do 
not apply to this promulgated rule.

E. Regulatory Flexibility Act/Small Business Regulatory Enforcement 
Fairness Act of 1996

    The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601, et 
seq.), as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA), requires Federal agencies to give special 
consideration to the impacts of regulations on small entities, which 
are defined as small businesses, small organizations, and small 
governments. During the 1995 MWC emission guidelines 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). This final 
Federal plan does not establish any new requirements. Therefore, 
pursuant to the provisions of 5 U.S.C. 605(b), EPA certifies that this 
Federal plan 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 General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the SBREFA of 1996, generally provides that before a rule may take 
effect, the Agency adopting the rule must submit a rule report, which 
includes a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. The EPA submitted a report 
containing this rule 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 this rule in the Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

G. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (the NTTAA), Pub. L. No. 104-113, Sec. 12(d) (15 U.S.C. 272 
note), directs the EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices, etc.) that are developed or 
adopted by voluntary consensus standard bodies. The NTTAA requires the 
EPA to provide Congress, through OMB, explanations when the Agency 
decides not to use available and applicable voluntary consensus 
standards.
    This promulgated MWC Federal plan does not establish any new 
requirements for MWC units. Therefore, the requirements of the NTTAA 
are not applicable to this final rule.

H. Executive Order 12875

    To reduce the burden of Federal regulations on States and small 
governments, the President issued Executive Order 12875, entitled 
Enhancing the Intergovernmental Partnership, on October 26, 1993. 
Executive Order 12875 prohibits the EPA, to the extent feasible and 
permitted by the law, from promulgating any regulation that is not 
required by statute and creates a mandate upon a State, local, or 
Tribal government unless the Federal government provides the funds 
necessary to pay the direct costs incurred by the State, local, or 
Tribal government in complying with the mandate. If the mandate is 
unfunded, the EPA must provide the Office of Management and Budget a 
description of the extent of EPA's prior consultation with 
representatives of affected State, local, or Tribal governments, the 
nature of those entities' concerns, any written communications 
submitted to EPA by

[[Page 63201]]

such units of government and the EPA's position supporting the need to 
issue the regulation. Executive Order 12875 further requires EPA to 
develop an effective process to permit elected officials and other 
representatives of State, local, and Tribal governments, ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing the significant unfunded mandates.''
    The EPA has determined that this promulgated Federal plan does not 
include any new Federal mandates or additional requirements above those 
previously considered during promulgation of the 1995 MWC emissions 
guidelines. Accordingly, the requirements of Executive Order 12875 do 
not apply. However, to ensure a smoother transition for facilities that 
are initially covered by the Federal plan but are later covered by a 
State plan, EPA has involved State and local governments in the 
development of this rule. During development of the Federal plan, EPA 
worked with the Regional Offices to identify and address State issues. 
The EPA invited States to identify State operator training and 
certification to be incorporated in the Federal plan and is, as a 
result, incorporating the Connecticut and Maryland State certifications 
for MWC operators and the Connecticut State operator training course. 
In addition, EPA requested compliance schedules from States that want a 
schedule in the Federal plan consistent with the State plan until the 
State plan becomes effective. Nine States submitted compliance 
schedules. Also, the EPA received comments from ten States and local 
agencies and considered them in developing the final rule.

I. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian Tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities''.
    The Federal plan adopted today does not significantly or uniquely 
affect communities of Indian tribal governments. As noted previously in 
this preamble, EPA believes that no large MWC units are located in 
Indian country. In addition, the EPA has determined that this 
promulgated Federal plan does not include any new Federal mandates or 
additional requirements above those previously considered during 
promulgation of the 1995 MWC emission guidelines. (See the discussion 
in Executive Order 12875 in this section.) Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

J. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997), applies to any rule that the EPA determines (1) is economically 
significant as defined under Executive Order 12866, and (2) the 
environmental health or safety risk addressed by the rule has a 
disproportionate effect on children. If the regulatory action meets 
both criteria, then EPA must evaluate the environmental health or 
safety effects of the planned rule on children and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This final rule is not subject to Executive Order 13045 because it 
is not an economically significant regulatory action as defined by 
Executive Order 12866, and it does not address an environmental health 
or safety risk that would have a disproportionate effect on children.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Report and 
recordkeeping requirements, Incorporation by reference.

    Dated: October 30, 1998.
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 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. Amend Sec. 62.02 by revising paragraph (a) and adding paragraph 
(g) to read as follows:


Sec. 62.02   Introduction.

    (a) This part sets forth the Administrator's approval and 
disapproval of State plans for the control of pollutants and facilities 
under section 111(d), and section 129 as applicable, of the Act, and 
the Administrator's promulgation of such plans or portions of plans 
thereof. Approval of a plan or any portion of a plan is based on a 
determination by the Administrator that it meets the requirements of 
section 111(d), and section 129 as applicable, of the Act and 
provisions of part 60 of this chapter.
* * * * *
    (g) Substitute plans promulgated by the Administrator for States 
that do not have approved plans are contained in separate subparts that 
appear after the subparts for States. These Federal plans include 
sections identifying the applicability of the plan, emission limits, 
compliance schedules, recordkeeping and reporting, performance testing, 
and monitoring requirements.
    3. Amend subpart A by adding Sec. 62.13 to read as follows:


Sec. 62.13   Federal plans.

    The Federal plans apply to owners and operators of affected 
facilities that are not covered by an EPA approved and currently 
effective State or Tribal plan. This Federal plan, or portions thereof, 
also applies to each affected facility located in any State or portion 
of Indian country whose approved State or Tribal plan for that area is 
subsequently vacated in whole or in part. Affected facilities are 
defined in each Federal plan.
    (a) The substantive requirements of the municipal waste combustor 
Federal plan are contained in subpart FFF of this part. These 
requirements include emission limits, compliance schedules, testing, 
monitoring, and reporting and recordkeeping requirements.
    (b) The substantive requirements of the municipal solid waste 
landfills Federal plan are contained in subpart GGG of this part. These 
requirements include emission limits, compliance schedules, testing, 
monitoring, and reporting and recordkeeping requirements.
    (c) Medical waste incinerator Federal plan. [Reserved]

[[Page 63202]]

    4. Amend part 62 by adding and by reserving subparts DDD and EEE as 
follows:

Subpart DDD--[Reserved]

Subpart EEE--[Reserved]

    5. Amend part 62 by adding subpart FFF consisting of Secs. 62.14100 
through 62.14109 to read as follows:

Subpart FFF--Federal Plan Requirements for Large Municipal Waste 
Combustors Constructed on or Before September 20, 1994

Sec.
62.14100  Scope and delegation of authority.
62.14101  Definitions.
62.14102  Affected facilities.
62.14103  Emission limits for municipal waste combustor metals, acid 
gases, organics, and nitrogen oxides.
62.14104  Requirements for municipal waste combustor operating 
practices.
62.14105  Requirements for municipal waste combustor operating 
training and certification.
62.14106  Emission limits for municipal waste combustor fugitive ash 
emissions.
62.14107  Emission limits for air curtain incinerators.
62.14108  Compliance schedules.
62.14109  Reporting and recordkeeping, and compliance and 
performance testing.
Table 1 of Subpart FFF--Units Excluded From Subpart FFF
Table 2 of Subpart FFF--Nitrogen Oxides Requirements for Affected 
Facilities
Table 3 of Subpart FFF--Municipal Waste Combustor Operating 
Requirements
Table 4 of Subpart FFF--Generic Compliance Schedules and Increments 
of Progress (Pre-1987 MWCs)
Table 5 of Subpart FFF--Generic Compliance Schedules and Increments 
of Progress (Post-1987 MWCs)
Table 6 of Subpart FFF--Site-specific Compliance Schedules and 
Increments of Progress

Subpart FFF--Federal Plan Requirements for Large Municipal Waste 
Combustors Constructed on or Before September 20, 1994


Sec. 62.14100  Scope and delegation of authority.

    (a) This subpart contains emission requirements and compliance 
schedules for the control of pollutants from certain municipal waste 
combustors in accordance with section 111(d) and section 129 of the 
Clean Air Act and 40 CFR part 60, subparts B and Cb. This municipal 
waste combustor Federal plan applies to each affected facility as 
defined in Sec. 62.14102 that is not covered by an EPA approved and 
currently effective State or Tribal plan. This Federal plan, or 
portions thereof, also applies to each affected facility in any State 
whose approved State plan is subsequently vacated in whole or in part. 
This Federal plan, or portions thereof, also applies to each affected 
facility located in Indian country if the approved Tribal plan for that 
area is subsequently vacated in whole or in part.
    (b) The following authorities shall be retained by the EPA 
Administrator and not transferred to the State upon delegation of 
authority to the State to implement and enforce the Federal plan:
    (1) An alternative emission standard;
    (2) Major alternatives to test methods;
    (3) Major alternatives to monitoring;
    (4) Waiver of recordkeeping; and
    (5) Waiver of training requirement for chief facility operators, 
shift supervisors, and control room operators who have obtained 
provisional certification on or before the effective date of this 
subpart, as provided in Sec. 62.14105(d)(2) of this subpart.


Sec. 62.14101  Definitions.

    Terms used but not defined in this subpart have the meaning given 
to them in the Clean Air Act and 40 CFR part 60, subparts A, B, and Eb.
    Contract means a legally binding agreement or obligation that 
cannot be canceled or modified without substantial financial loss.
    De-rate means to make a permanent physical change to the municipal 
waste combustor unit that reduces the maximum combustion capacity of 
the unit to less than or equal to 250 tons per day of municipal solid 
waste. A permit restriction or a change in the method of operation does 
not qualify as de-rating. (See the procedures specified in 40 CFR 
60.58b(j) of subpart Eb for calculating municipal waste combustor unit 
capacity.)
    EPA approved State plan means a State plan that EPA has reviewed 
and approved based on the requirements in 40 CFR part 60, subpart B to 
implement and enforce 40 CFR part 60, subpart Cb. An approved State 
plan becomes effective on the date specified in the notice published in 
the Federal Register announcing EPA's approval.
    Municipal waste combustor plant means one or more affected 
facilities (as defined in Sec. 62.14102) at the same location.
    Protectorate means American Samoa, the Commonwealth of Puerto Rico, 
the District of Columbia, Guam, the Northern Mariana Islands, and the 
Virgin Islands.
    State means any of the 50 United States and the protectorates of 
the United States.
    State plan means a plan submitted pursuant to section 111(d) and 
section 129(b)(2) of the Clean Air Act and 40 CFR part 60, subpart B 
that implements and enforces 40 CFR part 60, subpart Cb.
    Tribal plan means a plan submitted by a Tribal Authority pursuant 
to 40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40 
CFR part 60, subpart Cb.


Sec. 62.14102  Affected facilities.

    (a) The affected facility to which this subpart applies is each 
municipal waste combustor unit with a capacity to combust greater than 
250 tons per day of municipal solid waste for which construction was 
commenced on or before September 20, 1994, that is not regulated by an 
EPA approved and currently effective State or Tribal plan. Table 1 of 
this subpart lists those units regulated by an EPA approved State plan. 
Notwithstanding the exclusions in table 1 of this subpart, this subpart 
applies to affected facilities not regulated by an EPA approved and 
currently effective State or Tribal plan.
    (b) A municipal waste combustor unit regulated by an EPA approved 
and currently effective State or Tribal plan is not regulated by this 
subpart.
    (c) Any municipal waste combustor unit that has the capacity to 
combust 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 
11 tons per day is not subject to this subpart if the owner or 
operator:
    (1) Notifies the EPA Administrator of an exemption claim;
    (2) Provides a copy of the Federally enforceable permit that limits 
the firing of municipal solid waste to less than 11 tons per day; and
    (3) Keeps records of the amount of municipal solid waste fired on a 
daily basis.
    (d) Physical or operational changes made to an existing municipal 
waste combustor unit primarily for the purpose of complying with the 
emission requirements of this subpart are not considered in determining 
whether the unit is a modified or reconstructed facility under 40 CFR 
part 60, subpart Ea or subpart Eb.
    (e) A qualifying small power production facility, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that 
burns homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy is 
not subject to this subpart if the owner or operator of the facility 
notifies the EPA Administrator of this exemption and provides data

[[Page 63203]]

documenting that the facility qualifies for this exemption.
    (f) A qualifying cogeneration facility, as defined in section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns 
homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy 
and steam or forms of useful energy (such as heat) that are used for 
industrial, commercial, heating, or cooling purposes, is not subject to 
this subpart if the owner or operator of the facility notifies the EPA 
Administrator of this exemption and provides data documenting that the 
facility qualifies for this exemption.
    (g) Any unit combusting a single-item waste stream of tires is not 
subject to this subpart if the owner or operator of the unit:
    (1) Notifies the EPA Administrator of an exemption claim; and
    (2) Provides data documenting that the unit qualifies for this 
exemption.
    (h) Any unit required to have a permit under section 3005 of the 
Solid Waste Disposal Act is not subject to this subpart.
    (i) Any materials recovery facility (including primary or secondary 
smelters) that combusts waste for the primary purpose of recovering 
metals is not subject to this subpart.
    (j) Any cofired combustor, as defined under 40 CFR 60.51b of 
subpart Eb that meets the capacity specifications in paragraph (a) of 
this section is not subject to this subpart if the owner or operator of 
the cofired combustor:
    (1) Notifies the EPA Administrator of an exemption claim;
    (2) Provides a copy of the Federally enforceable permit (specified 
in the definition of cofired combustor in this section); and
    (3) Keeps a record on a calendar quarter basis of the weight of 
municipal solid waste combusted at the cofired combustor and the weight 
of all other fuels combusted at the cofired combustor.
    (k) Air curtain incinerators, as defined under 40 CFR 60.51b, that 
meet the capacity specifications in paragraph (a) of this section, and 
that combust a fuel stream composed of 100 percent yard waste are 
exempt from all provisions of this subpart except the opacity standard 
under Sec. 62.14107, and the testing procedures and the reporting and 
recordkeeping provisions under Sec. 62.14109.
    (l) Air curtain incinerators that meet the capacity specifications 
in paragraph (a) of this section and that combust municipal solid waste 
other than yard waste are subject to all provisions of this subpart.
    (m) Pyrolysis/combustion units that are an integrated part of a 
plastics/rubber recycling unit (as defined in 40 CFR 60.51b) are not 
subject to this subpart if the owner or operator of the plastics/rubber 
recycling unit keeps records of the weight of plastics, rubber, and/or 
rubber tires processed on a calendar quarter basis; the weight of 
chemical plant feedstocks and petroleum refinery feedstocks produced 
and marketed on a calendar quarter basis; and the name and address of 
the purchaser of the feedstocks. The combustion of gasoline, diesel 
fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, 
liquefied petroleum gas, propane, or butane produced by chemical plants 
or petroleum refineries that use feestocks produced by plastics/rubber 
recycling units are not subject to this subpart.
    (n) Cement kilns firing municipal solid waste are not subject to 
this subpart.


Sec. 62.14103  Emission limits for municipal waste combustor metals, 
acid gases, organics, and nitrogen oxides.

    (a) The emission limits for municipal waste combustor metals are 
specified in paragraphs (a)(1) through (a)(3) of this section.
    (1) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain: particulate matter in excess of 27 milligrams per dry 
standard cubic meter, corrected to 7 percent oxygen; and opacity in 
excess of 10 percent (6-minute average).
    (2) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain: cadmium in excess of 0.040 milligrams per dry standard 
cubic meter, corrected to 7 percent oxygen; and lead in excess of 0.44 
milligrams per dry standard cubic meter, corrected to 7 percent oxygen.
    (3) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain mercury in excess of 0.080 milligrams per dry standard 
cubic meter or 15 percent of the potential mercury emission 
concentration (85-percent reduction by weight), corrected to 7 percent 
oxygen, whichever is less stringent.
    (b) The emission limits for municipal waste combustor acid gases, 
expressed as sulfur dioxide and hydrogen chloride, are specified in 
paragraphs (b)(1) and (b)(2) of this section.
    (1) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain sulfur dioxide in excess of 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.
    (2) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain hydrogen chloride in excess of 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.
    (c) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain municipal waste combustor organics, expressed as total 
mass dioxins/furans, in excess of the emission limits specified in 
either paragraph (c)(1) or (c)(2) of this section, as applicable.
    (1) The emission limit for affected facilities that employ an 
electrostatic precipitator-based emission control system is 60 
nanograms per dry standard cubic meter (total mass), corrected to 7 
percent oxygen.
    (2) The emission limit for affected facilities that do not employ 
an electrostatic precipitator-based emission control system is 30 
nanograms per dry standard cubic meter (total mass), corrected to 7 
percent oxygen.
    (d) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain nitrogen oxides in excess of the emission limits listed in 
table 2 of this subpart for affected facilities. Table 2 of this 
subpart provides emission limits for the nitrogen oxides concentration 
level for each type of affected facility.


Sec. 62.14104  Requirements for municipal waste combustor operating 
practices.

    (a) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain carbon monoxide in excess of the emission limits listed in 
table 3 of this subpart. Table 3 provides emission

[[Page 63204]]

limits for the carbon monoxide concentration level for each type of 
affected facility.
    (b) The owner or operator of an affected facility must comply with 
the municipal waste combustor operating practice requirements listed in 
40 CFR 60.53b(b) and (c) of subpart Eb. For calculating the steam (or 
feedwater) flow required under 40 CFR 60.58(i)(6)(i), proceed in 
accordance with ASME PTC 4.1-1964 (Reaffirmed 1991), Power Test Codes: 
Test Code for Steam Generating Units (with 1968 and 1969 Addenda). For 
design, construction, installation, calibration, and use of nozzles and 
orifices required in 40 CFR 60.58(i)(6)(ii), proceed in accordance with 
the recommendations in ASME Interim Supplement 19.5 on Instruments and 
Apparatus: Application, Part II of Fluid Meters, 6th Edition (1971). 
The Director of the Federal Register approves these incorporations by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
obtain a copy from the American Society of Mechanical Engineers, 
Service Center, 22 Law Drive, Post Office Box 2900, Fairfield, NJ 
07007. You may inspect a copy at the Office of Air Quality Planning and 
Standards Air Docket, EPA, Mutual Building, Room 540, 411 West Chapel 
Hill Street, Durham, NC 27701, or at the Office of the Federal 
Register, 800 North Capitol Street, NW., Suite 700, Washington, D.C.


Sec. 62.14105  Requirements for municipal waste combustor operator 
training and certification.

    The owner or operator of an affected facility must comply with the 
municipal waste combustor operator training and certification 
requirements listed in paragraphs (a) through (g) of this section. For 
affected facilities, compliance with the municipal waste combustor 
operator training and certification requirements specified under 
paragraphs (a), (b), (d), and (g) of this section must be no later than 
12 months after the effective date of this subpart.
    (a) Each chief facility operator and shift supervisor must obtain 
and maintain a current provisional operator certification from either 
the American Society of Mechanical Engineers QRO-1-1994 or a State 
certification program in Connecticut and Maryland (if the affected 
facility is located in either of the respective States). If ASME 
certification is chosen, proceed in accordance with ASME QRO-1-1994, 
Standard for the Qualification and Certification of Resource Recovery 
Facility Operators. The Director of the Federal Register approves this 
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. You may obtain a copy from the American Society of Mechanical 
Engineers, Service Center, 22 Law Drive, Post Office Box 2900, 
Fairfield, NJ 07007. You may inspect a copy at the Office of Air 
Quality Planning and Standards Air Docket, EPA, Mutual Building, Room 
540, 411 West Chapel Hill Street, Durham, NC 27701 or at the Office of 
the Federal Register, 800 North Capitol Street, NW., Suite 700, 
Washington, DC.
    (b) Each chief facility operator and shift supervisor must have 
completed full certification or must have scheduled a full 
certification exam with either the American Society of Mechanical 
Engineers QRO-1-1994 or a State certification program in Connecticut 
and Maryland (if the affected facility is located in either of the 
respective States). If ASME certification is chosen, proceed in 
accordance with ASME QRO-1-1994, Standard for the Qualification and 
Certification of Resource Recovery Facility Operators. The Director of 
the Federal Register approves this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a 
copy from the American Society of Mechanical Engineers, Service Center, 
22 Law Drive, Post Office Box 2900, Fairfield, NJ 07007. You may 
inspect a copy at the Office of Air Quality Planning and Standards Air 
Docket, EPA, Mutual Building, Room 540, 411 West Chapel Hill Street, 
Durham, NC 27701 or at the Office of the Federal Register, 800 North 
Capitol Street, NW., Suite 700, Washington, DC.
    (c) The owner or operator of an affected facility must not allow 
the facility to be operated at any time unless one of the following 
persons is on duty at the affected facility: a fully certified chief 
facility operator; a provisionally certified chief facility operator 
who is scheduled to take the full certification exam no later than 12 
months after the effective date of this subpart; a fully certified 
shift supervisor; or a provisionally certified shift supervisor who is 
scheduled to take the full certification exam no later than 12 months 
after the effective date of this subpart. If one of the persons listed 
in this paragraph must leave the affected facility during their 
operating shift, a provisionally certified control room operator who is 
onsite at the affected facility may fulfill the requirement in this 
paragraph.
    (d)(1) Each chief facility operator, shift supervisor, and control 
room operator at an affected facility must complete the EPA municipal 
waste combustor operator training course or the State municipal waste 
combustor operator training course in Connecticut (if the affected 
facility is located in Connecticut).
    (2) The requirement specified in this paragraph does not apply to 
chief facility operators, shift supervisors, and control room operators 
who have obtained full certification from the American Society of 
Mechanical Engineers on or before the effective date of this subpart. 
The owner or operator of an affected facility may request that the EPA 
Administrator waive the requirement specified in this paragraph for 
chief facility operators, shift supervisors, and control room operators 
who have obtained provisional certification from the American Society 
of Mechanical Engineers on or before the effective date of this 
subpart.
    (e) The owner or operator of an affected facility must develop and 
update on a yearly basis a site-specific operating manual that must, at 
a minimum, address the elements of municipal waste combustor unit 
operation specified in paragraphs (e)(1) through (e)(11) of this 
section.
    (1) A summary of the applicable standards under this subpart;
    (2) A description of basic combustion theory applicable to a 
municipal waste combustor unit;
    (3) Procedures for receiving, handling, and feeding municipal solid 
waste;
    (4) Procedures for municipal waste combustor unit startup, 
shutdown, and malfunction;
    (5) Procedures for maintaining proper combustion air supply levels;
    (6) Procedures for operating the municipal waste combustor unit 
within the standards established under this subpart;
    (7) Procedures for responding to periodic upset or off-
specification conditions;
    (8) Procedures for minimizing particulate matter carryover;
    (9) Procedures for handling ash;
    (10) Procedures for monitoring municipal waste combustor unit 
emissions; and
    (11) Reporting and recordkeeping procedures.
    (f) The owner or operator of an affected facility must establish a 
training program to review the operating manual according to the 
schedule specified in paragraphs (f)(1) and (f)(2) of this section with 
each person who has responsibilities affecting the operation of an 
affected facility including, but not limited to, chief facility 
operators, shift supervisors, control room operators, ash

[[Page 63205]]

handlers, maintenance personnel, and crane/load handlers.
    (1) Each person specified in paragraph (f) of this section must 
undergo initial training no later than the date specified in paragraph 
(f)(1)(i) or (f)(1)(ii) of this section, whichever is later.
    (i) The date prior to the day the person assumes responsibilities 
affecting municipal waste combustor unit operation; or
    (ii) The date 12 months after the effective date of this subpart.
    (2) Annually, following the initial review required by paragraph 
(f)(1) of this section.
    (g) The operating manual required by paragraph (e) of this section 
must be kept in a location readily accessible to each person required 
to undergo training under paragraph (f) of this section. The operating 
manual and records of training must be available for inspection by the 
EPA or its delegated enforcement agency upon request.


Sec. 62.14106  Emission limits for municipal waste combustor fugitive 
ash emissions.

    (a) The owner or operator of an affected facility must not cause to 
be discharged to the atmosphere from that affected facility visible 
emissions of combustion ash from an ash conveying system (including 
conveyor transfer points) in excess of 5 percent of the observation 
period (i.e., 9 minutes per 3-hour period), as determined by EPA 
Reference Method 22 observations as specified in 40 CFR 60.58b(k) of 
subpart Eb, except as provided in paragraphs (b) and (c) of this 
section.
    (b) The emission limit specified in paragraph (a) of this section 
does not cover visible emissions discharged inside buildings or 
enclosures of ash conveying systems; however, the emission limit 
specified in paragraph (a) of this section does cover visible emissions 
discharged to the atmosphere from buildings or enclosures of ash 
conveying systems.
    (c) The provisions specified in paragraph (a) of this section do 
not apply during maintenance and repair of ash conveying systems.


Sec. 62.14107  Emission limits for air curtain incinerators.

    The owner or operator of an air curtain incinerator with the 
capacity to combust greater than 250 tons per day of municipal solid 
waste and that combusts a fuel feed stream composed of 100 percent yard 
waste and no other municipal solid waste materials must not (at any 
time) cause to be discharged into the atmosphere from that incinerator 
any gases that exhibit greater than 10-percent opacity (6-minute 
average), except that an opacity level of up to 35 percent (6-minute 
average) is permitted during startup periods during the first 30 
minutes of operation of the unit.


Sec. 62.14108  Compliance schedules.

    (a) The owner or operator of an affected facility must achieve the 
increments of progress specified in paragraphs (a)(1) through (a)(5) to 
retrofit air pollution control devices to meet the emission limits of 
this subpart. As specified in 40 CFR part 60, subpart B, the compliance 
schedules and increments of progress apply to each owner or operator of 
an affected facility who is taking longer than 1 year after the date of 
publication of this subpart FFF final rule to comply with the emission 
limits specified in this subpart.
    (1) Submit a final control plan according to the requirements of 
Sec. 62.14109(g).
    (2) Award contract(s): Award contract(s) to initiate on-site 
construction, initiate on-site installation of emission control 
equipment, or incorporate process changes. The owner or operator must 
submit a signed copy of the contract(s) awarded according to the 
requirements of Sec. 62.14109(h).
    (3) Initiate on-site construction: Initiate on-site construction, 
initiate on-site installation of emission control equipment, or 
initiate process changes needed to meet the emission limits as outlined 
in the final control plan.
    (4) Complete on-site construction: Complete on-site construction 
and installation of emission control equipment or complete process 
changes.
    (5) Achieve final compliance: Incorporate all process changes or 
complete retrofit construction as designed in the final control plan 
and connect the air pollution control equipment or process changes with 
the affected facility identified in the final control plan such that if 
the affected facility is brought on line, all necessary process changes 
or air pollution control equipment are operating fully. Within 180 days 
after the date the affected facility is required to achieve final 
compliance, the initial performance test must be conducted.
    (b) The owner or operator of an affected facility must achieve the 
increments of progress specified in paragraphs (a)(1) through (a)(5) of 
this section according to the schedule specified in paragraphs (b)(1) 
through (b)(4) of this section, except as provided in paragraphs (c), 
(d), and (e) of this section.
    (1) The owner or operator of an affected facility that commenced 
construction, modification, or reconstruction on or before June 26, 
1987 and will take longer than 1 year after the date of publication of 
this subpart FFF (or 1 year after a revised construction permit or a 
revised operating permit is issued, if a permit modification is 
required) to comply with the emission limits of this subpart must 
achieve the increments of progress according to the schedule in table 4 
of this subpart, except for those affected facilities specified in 
paragraphs (b)(3) and (b)(4) of this section.
    (2) The owner or operator of an affected facility that began 
construction, modification, or reconstruction after June 26, 1987 must 
achieve the increments of progress according to the schedule in table 5 
of this subpart to comply with the emission limits of this subpart, 
except for those affected facilities specified in paragraphs (b)(3) and 
(b)(4) of this section.
    (3) The owner or operator of each specified affected facility in 
table 6 of this subpart must achieve the increments of progress 
according to the schedule in table 6 of this subpart.
    (4) For affected facilities that are subject to the schedule 
requirements of paragraph (b)(1) or (b)(2) of this section, the owner 
or operator (or the State air pollution control authority) may submit 
for approval alternative dates for achieving increments 2, 3, and 4. 
The owner or operator (or the State air pollution control authority) 
that is submitting these alternative dates must meet the reporting 
requirements of Sec. 62.14109(m).
    (c) The owner or operator of an affected facility that has ceased 
operation but will reopen prior to the applicable final compliance date 
specified in paragraphs (b)(1) through (b)(4) of this section must meet 
the same compliance dates and increments of progress specified in 
paragraphs (b)(1) through (b)(4) of this section.
    (d) The owner or operator of an affected facility that has ceased 
or ceases operation of an affected facility and restarts the affected 
facility after the compliance dates specified in paragraphs (b)(1) 
through (b)(4) of this section must comply with the emission limits, 
requirements for combustor operating practices, and operator training 
and certification requirements of this subpart upon the date the 
affected facility restarts. The initial performance tests required by 
Sec. 62.14109(c) must be conducted within 180 days after the date the 
unit restarts.
    (e) The owner or operator of an affected facility that will be de-
rated prior to the applicable final compliance date instead of 
complying with the

[[Page 63206]]

emission limits of this subpart must meet the same increments of 
progress and achieve the de-rating by the final compliance date 
(specified in paragraphs (b)(1) through (b)(4) of this section) that 
would be applicable to the affected facility if it did not de-rate. The 
owner or operator of an affected facility that will be de-rated must 
meet the reporting requirements of Sec. 62.14109k. After de-rating is 
accomplished, the municipal waste combustor affected facility is no 
longer subject to this subpart.


Sec. 62.14109  Reporting and recordkeeping and compliance and 
performance testing.

    (a) The owner or operator of an affected facility must comply with 
the reporting and recordkeeping provisions listed in 40 CFR 60.59b of 
subpart Eb, except as provided in paragraphs (a)(1) through (a)(3) of 
this section.
    (1) The siting requirements under 40 CFR 60.59b(a), (b)(5), and 
(d)(11) of subpart Eb and the notification of construction requirements 
under 40 CFR 60.59b(b) and (c) of subpart Eb do not apply.
    (2) 40 CFR 60.54b, 60.56b, and 60.58b(g)(5)(iii) of subpart Eb do 
not apply to this subpart (see Secs. 62.14105 and 62.14107 of this 
subpart).
    (b) The owner or operator of an affected facility must comply with 
the compliance and performance testing methods and procedures listed in 
40 CFR 60.58b of subpart Eb, except as provided in paragraphs (c) and 
(d) of this section.
    (c) The initial performance test must be completed within 180 days 
after the date of final compliance specified in Sec. 62.14108, rather 
than the date for the initial performance test specified in 40 CFR 
60.58b of subpart Eb.
    (d) The owner or operator of an affected facility may follow the 
alternative performance testing schedule for dioxin/furan emissions 
specified in paragraph (d)(1) of this section.
    (1) If all performance tests for all affected facilities at the MWC 
plant over a 2-year period indicate that dioxin/furan emissions are 
less than or equal to 15 nanograms per dry standard cubic meter total 
mass, corrected to 7 percent oxygen 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. At a minimum, a performance test for dioxin/
furan emissions shall be conducted annually (no more than 12 months 
following the previous performance test) for one affected facility at 
the municipal waste combustor plant. Each year a different affected 
facility at the municipal waste combustor plant shall be tested, and 
the affected facilities at the plant shall be tested in sequence (e.g., 
unit 1, unit 2, unit 3, as applicable). If each annual performance test 
continues to indicate a dioxin/furan emission level less than or equal 
to 15 nanograms per dry standard cubic meter (total mass), the owner or 
operator may continue conducting a performance test on only one 
affected facility per year. If any annual performance test indicates a 
dioxin/furan emission level greater than 15 nanograms per dry standrd 
cubic meter (total mass), performance tests thereafter shall be 
conducted annually on all affected facilities at the plant until and 
unless all annual performance tests for all affected facilities at the 
plant over a 2-year period indicate a dioxin/furan emission level less 
than or equal to 15 nanograms per dry standard cubic meter (total 
mass).
    (2) The owner or operator who is following the alternative 
performance testing schedule for dioxin/furan emissions specified in 
paragraph (d)(1) of this section may choose an alternative testing 
sequence (e.g., unit 1, 3, 2, 4) for affected facilities at the 
municipal waste combustor plant. The owner or operator must submit a 
request to EPA for approval of the alternative testing sequence. After 
approval, the alternative testing sequence is effective until a 
different testing sequence is received and approved by EPA.
    (e) The owner or operator of an affected facility that is taking 
longer than 1 year after the date of publication of this subpart FFF 
final rule to comply with the emission limits of this subpart must 
submit notification to the EPA Regional Office within 10 business days 
of completing each increment. Each notification must indicate which 
increment of progress specified in Sec. 62.14108(a)(1) through (a)(5) 
has been achieved. The notification must be signed by the owner or 
operator of the affected facility.
    (f) The owner or operator of an affected facility that is taking 
longer than 1 year after the date of publication of this subpart FFF to 
comply with the emission limits of this subpart who fails to meet any 
increment of progress specified in Sec. 62.14108(a)(1) through (a)(5) 
according to the applicable schedule in Sec. 62.14108 must submit 
notification to the EPA Regional Office within 10 business days of the 
applicable date in Sec. 62.14108 that the owner or operator failed to 
meet the increment.
    (g) The owner or operator of an affected facility that is taking 
longer than 1 year after the date of publication of this subpart FFF to 
comply with the emission limits of this subpart must submit a final 
control plan by the date specified in Sec. 62.14108(b) with the 
notification required by Sec. 62.14109(e). The final control plan must, 
at a minimum, include a description of the air pollution control 
devices or process changes that will be employed for each unit to 
comply with the emission limits and other requirements of this subpart.
    (h) The owner or operator of an affected facility that is taking 
longer than 1 year after the date of publication of this subpart FFF to 
comply with the emission limits of this subpart must submit a signed 
copy of the contract or contracts awarded according to the requirements 
of Sec. 62.14108(a)(2) with the notification required by 
Sec. 62.14109(e).
    (i) The owner or operator of an affected facility that is taking 
longer than 1 year after the date of publication of this subpart FFF to 
comply with the emission limits of this subpart must keep on site a 
copy of the final control plan required by Sec. 62.14109(g).
    (j) The owner or operator of an affected facility that plans to 
cease operation of the affected facility on or before December 19, 2000 
rather than comply with the emission limits of this subpart by the 
applicable compliance date specified in Sec. 62.14208 must submit a 
notification by the date specified for the final control plan according 
to the schedule specified in paragraphs Sec. 62.14108(b)(1) through 
(b)(4), as applicable. (Affected facilities that cease operation on or 
before December 19, 2000, rather than comply with the emission limits 
of this subpart by the compliance date specified in Sec. 62.14108 are 
not required to submit a final control plan.) The notification must 
state the date by which the affected facility will cease operation. If 
the cease operation date is later than 1 year after the date of 
publication of this subpart FFF, the owner or operator must enter into 
a legally binding closure agreement with EPA by the date the final 
control plan is due. The agreement must specify the date by which 
operation will cease.
    (k) The owner or operator of an affected facility that plans to de-
rate the affected facility on or before December 19, 2000 rather than 
comply with the emission limits of this subpart by the compliance date 
specified in Sec. 62.14108 must submit a final control plan as required 
by paragraph (g) of this section and submit notification of increments 
of progress as required by paragraphs (e)

[[Page 63207]]

and (f) of this section and Sec. 62.14108(e) of this subpart.
    (1) The final control plan must, at a minimum, include the 
information in paragraphs (k)(1)(i) and (k)(1)(ii) of this section 
rather than the information in paragraph (g) of this section.
    (i) A description of the physical changes that will be made to 
accomplish the de-rating.
    (ii) Calculations of the current maximum combustion capacity and 
the planned maximum combustion capacity after the de-rating. (See the 
procedures specified in 40 CFR 60.58b(j) of subpart Eb for calculating 
municipal waste combustor unit capacity.)
    (2) The owner or operator must submit a signed copy of the contract 
or contracts awarded to initiate the de-rating with the notification 
required by paragraph (e) of this section.
    (l) The owner or operator of an affected facility that is ceasing 
operation more than 1 year following the date of publication of this 
subpart FFF must submit performance test results for dioxin/furan 
emissions conducted during or after 1990 for each affected facility by 
the date 1 year after the date of publication of this subpart FFF. The 
performance test shall be conducted according to the procedure in 
paragraph (b) of this section.
    (m) The owner or operator (or the State air pollution control 
authority) that is submitting alternative dates for increments 2, 3, 
and 4 according to Sec. 62.14108(b)(4) must submit the alternative 
dates by the date specified for the final control plan according to the 
schedule specified in paragraphs Sec. 62.14108 (b)(1) and (b)(2), as 
applicable. The owner or operator (or the State air pollution control 
authority) must submit a justification if any of the alternative dates 
are later than the increment dates in tables 4 or 5 of this subpart. 
The owner or operator must also submit the alternative dates and 
justification to the State.
Tables to Subpart FFF

        Table 1 of Subpart FFF--Municipal Waste Combustor Units (MWC Units) Excluded from Subpart FFF \1\
----------------------------------------------------------------------------------------------------------------
                 State                                                  MWC units
----------------------------------------------------------------------------------------------------------------
Florida................................  Existing MWC units with capacity to combust more than 250 tons per day
                                          of municipal solid waste.
Georgia................................  Existing facilities with a MWC unit capacity greater than 250 tons per
                                          day of municipal solid waste at the following MWC sites:
                                           (a) Savannah Energy Systems Company, Savannah, Georgia.
Illinois...............................  Existing MWC units located at Robbins Resource Recovery Center,
                                          Robbins, Illinois.
Minnesota..............................  All MWC units with unit capacities greater than 93.75 million British
                                          thermal units per hour on a heat input basis (250 tons per day)
                                          located in Minnesota.
New York...............................  Existing MWC units with capacity to combust more than 250 tons per day
                                          of municipal solid waste.
Oregon.................................  Existing facilities at the following MWC sites:
                                           (a) Ogden Martin Systems, Marion County, Oregon.
                                           (b) Coos County, Coos Bay, Oregon.
South Carolina.........................  Existing facilities with a MWC unit capacity greater than 250 tons per
                                          day of municipal solid waste at the following MWC sites:
                                           (a) Foster Wheeler Charleston Resource Recovery Facility, Charleston,
                                          South Carolina.
Tennessee..............................  Existing MWC units with capacity to combust more than 250 tons per day
                                          of municipal solid waste.
----------------------------------------------------------------------------------------------------------------
\1\ Notwithstanding the exclusions in table 1 of this subpart, this subpart applies to affected facilities not
  regulated by an EPA approved and currently effective State or Tribal plan.


    Table 2 of Subpart FFF--Nitrogen Oxides Requirements for Affected
                               Facilities
------------------------------------------------------------------------
                                                      Nitrogen oxides
                                                   emission limit (parts
       Municipal waste combustor technology            per million by
                                                         volume) a
------------------------------------------------------------------------
Mass burn waterwall..............................  205.
Mass burn rotary waterwall.......................  250.
Refuse-derived fuel combustor....................  250.
Fluidized bed combustor..........................  180.
Mass burn refractory combustors..................  No limit.
------------------------------------------------------------------------
a Corrected to 7 percent oxygen, dry basis.


Table 3 of Subpart FFF--Municipal Waste Combustor Operating Requirements
------------------------------------------------------------------------
                                              Carbon
                                             monoxide
                                             emissions    Averaging time
  Municipal waste combustor technology     level (parts       (hrs) b
                                          per million by
                                             volume) a
------------------------------------------------------------------------
Mass burn waterwall.....................             100               4
Mass burn refractory....................             100               4
Mass burn rotary refractory.............             100              24
Mass burn rotary waterwall..............             250              24
Modular starved air.....................              50               4
Modular excess air......................              50               4

[[Page 63208]]

Refuse-derived fuel stoker..............             200              24
Bubbling fluidized bed combustor........             100               4
Circulating fluidized bed combustor.....             100               4
Pulverized coal/refuse-derived fuel
 mixed fuel-fired combustor.............             150               4
Spreader stoker coal/refuse-derived fuel
 mixed fuel-fired combustor.............             200              24
------------------------------------------------------------------------
a Measured at the combustor outlet in conjunction with a measurement of
  oxygen concentration, corrected to 7 percent oxygen, dry basis.
  Calculated as an arithmetic average.
b Averaging times are 4-hour or 24-hour block averages.


                           Table 4 of Subpart FFF--Generic Compliance Schedule and Increments of Progress (Pre-1987 MWCs) a b
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                            Increment 4
                                                                                            Increment 2     Increment 3    Complete on-     Increment 5
           Affected facilities                 Increment 1 Submit final control plan           Award       Begin on-site       site            Final
                                                                                             contracts     construction    construction     compliance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Affected facilities that commenced         January 11, 1999.............................        05/18/99        11/16/99        11/19/00        12/19/00
 construction, modification, or
 reconstruction on or before June 26,
 1987 (All pollutants).
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Table 4 or 5 of this subpart applies to MWC units subject to the Federal plan except those with site-specific compliance schedules shown in Table 6 of
  this subpart.
b As an alternative to this schedule, the owner or operator may close the affected facility by December 19, 2000, complete the retrofit while the
  affected facility is closed, and achieve final compliance upon restarting. See Secs.  62.14108(c), 62.14108(d), and 62.14109(i) of this subpart.


                                     Table 5 of Subpart FFF--Generic Compliance Schedules and Increments of Progress
                                                                  [Post-1987 MWCs] a, b
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   Increment 3   Increment 4
                                  Increment 1 Submit final control   Increment 2    Begin on-   Complete on-
      Affected facilities                       plan                    Award         site          site             Increment 5 Final compliance
                                                                      contracts   construction  construction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Affected facilities that
 commenced construction
 modification, or
 reconstruction after June 26,
 1987:
    1. Emission limits for Hg,  c NA...............................         c NA          c NA          c NA  1 year after promulgation of this subpart
     dioxin/furan.                                                                                             or 1 year after permit issuance.d
    2. Emission limits for      January 11, 1999...................     05/18/99      11/16/99      11/19/00  12/19/00.
     SO2, HCl, PM, Pb, Cd,
     opacity CO, NOX.
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Table 4 or 5 of this subpart applies to MWC units subject to the Federal plan except those with site-specific compliance schedules shown in Table 6 of
  this subpart.
b As an alternative to this schedule, the unit may close by December 19, 2000, complete retrofit while closed, and achieve final compliance upon
  restarting. See Sec.  Sec.  62.14108(c), 62.14108(d), and 62.14109(i) of this subpart.
c Because final compliance is achieved in 1 year, no increments of progress are required.
d Permit issuance is issuance of a revised construction permit or revised operating permit, if a permit modification is required to retrofit controls.


                                 Table 6 of Subpart FFF--Site-Specific Compliance Schedules and Increments of Progress a
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                Increment 4
    Affected facilities at the                               Increment 1 Submit     Increment 2 Award    Increment 3 Begin on- Complete on-  Increment 5
        following MWC sites              City, State         final control plan         contracts          site construction       site         Final
                                                                                                                               construction   compliance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stanislaus Resource Recovery        Crows Landing,         January 11, 1999.....  01/19/02.............  05/19/00............      11/19/00     12/19/00
 Facility.                           California.
Southeast Resource Recovery         Long Beach,            January 11, 1999.....  04/30/99.............  10/31/99............      04/30/00     12/19/00
 Facility.                           California.
All large MWC units...............  Maine................  January 11, 1999.....  01/01/99.............  07/01/99............      09/01/00     12/19/00
Baltimore Resco...................  Baltimore, Maryland..  January 11, 1999.....  January 11, 1999.....  January 11, 1999....      09/01/00     12/19/00
All large MWC units...............  New Jersey b.........  January 11, 1999.....  05/18/99.............  11/14/99............      11/19/00     12/19/00
American Ref-Fuel.................  Delaware County,       11/01/98.............  05/18/99.............  11/14/99............      11/19/00     12/19/00
                                     Pennsylvania.
Montenay Energy Resource..........  Montgomery County,     11/01/98.............  05/18/99.............  11/14/99............      11/19/00     12/19/00
                                     Pennsylvania.

[[Page 63209]]

I-95 Energy/Resource Recovery       Lorton, Virginia.....  January 11, 1999.....  10/15/99.............  03/01/00............      11/19/00     12/19/00
 Facility.
--------------------------------------------------------------------------------------------------------------------------------------------------------
a These schedules have been reviewed and determined to be acceptable by EPA.
b This schedule applies to HC1 SO2, PM, Pb, Cd, CO, and NOX. However, owners and operators of large MWC units in New Jersey have the option of reserving
  the portion of their control plan that addresses NOX. Owners and operators must submit the reserved portion to EPA by December 15, 1999.

[FR Doc. 98-29967 Filed 11-10-98; 8:45 am]
BILLING CODE 6560-50-M