[Federal Register Volume 65, Number 101 (Wednesday, May 24, 2000)]
[Proposed Rules]
[Pages 33504-33506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11812]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[AD-FRL-6603-4]
RIN 2060-ZA03


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is proposing to take action on the ``Federal Plan 
Requirements for Large Municipal Waste Combustors Constructed on or 
Before September 20, 1994.'' This action would clarify the final 
compliance date, update the list of which large municipal waste 
combustor (MWC) units are affected by the Federal plan, and add a site-
specific compliance schedule for one MWC unit.
    On November 12, 1998, the EPA adopted the Federal plan to implement 
emission guidelines for large MWC units located in areas that are not 
covered by an approved and currently

[[Page 33505]]

effective State plan. In a direct final rule published elsewhere in the 
issue of the Federal Register, we are updating the MWC Federal plan to 
identify large MWC units for which a State plan was approved and became 
effective since adoption of the Federal plan (November 12, 1998). We 
are also amending part 62 of title 40 of the Code of Federal 
Regulations (CFR) to reflect receipt of negative declarations from 
States that have certified that there are no large MWC units located in 
the State that would be subject to the Federal plan. We are also 
amending a table in the Federal plan to clarify that in all cases for 
all large MWC units, final compliance with all emission limits 
including the mercury and dioxins/furans emission limits must be 
achieved by December 19, 2000. Finally, we are amending a table to add 
a site-specific compliance schedule for one additional MWC unit. 
Today's action does not change the emission limits for large MWC units 
nor does it change the level of health protection that the Federal plan 
provides.
    In the ``Rules and Regulations'' section of the Federal Register, 
we are amending part 62 as a direct final rule without prior proposal 
because we view the amendments as noncontroversial and anticipate no 
adverse comment. The amendments to the regulatory text appear in the 
direct final rule and are not published as proposed amendments with 
this proposed rule. We have explained our reasons for the amendments in 
the preamble to the direct final rule. If we receive no adverse comment 
on this rule, we will not take further action on this proposed rule. If 
we receive adverse comment, we will withdraw the direct final rule and 
it will not take effect. We will address all public comments in a 
subsequent final rule based on this proposed rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

DATES: Written comments must be received by June 23, 2000.

ADDRESSES: Comments should be submitted (in duplicate, if possible) to: 
Air and Radiation Docket and Information Center (MC-6102), Attn: Docket 
No. A-97-45/Category V-D, U.S. Environmental Protection Agency, Ariel 
Rios Building, 1200 Pennsylvania, NW, Washington, DC 20460. Comments 
may also be submitted electronically. For information on submitting 
comments electronically, see the SUPPLEMENTARY INFORMATION section. 
Address all comments and data for this proposal, whether on paper or in 
electronic form, such as through e-mail or disk, to Docket No. A-97-45/
Category V-D.

FOR FURTHER INFORMATION CONTACT: For procedural and implementation 
information regarding these amendments, contact Ms. Julie Andresen 
McClintock at (919) 541-5339, Program Implementation and Review Group, 
Information Transfer and Program Integration Division (MD-12), 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 1) as 
shown in SUPPLEMENTARY INFORMATION.

SUPPLEMENTARY INFORMATION: This document concerns amendments to 
``Federal Plan Requirements for Large Municipal Waste Combustors 
Constructed on or Before September 20, 1994.'' For further information, 
the detailed rationale, the administrative requirements, and the 
specific amendments being made, please see the information provided in 
the direct final action that is located in the ``Rules and 
Regulations'' section of this Federal Register publication. We are 
publishing the amendments as a direct final rule because we view the 
amendments as noncontroversial and anticipate no adverse comment.
    Electronic Submittal of Comments. Comments may be submitted 
electronically. Send electronic submittals to: ``[email protected]''. Submit electronic comments in American 
Standard Code for Information Interchange (ASCII) format. Avoid the use 
of special characters and any form of encryption. Electronic comments 
on these proposed emission guidelines may be filed online at any 
Federal Depository Library. Comments and data will also be accepted on 
disks in WordPerfect version 5.1 or 6.1 file format (or ASCII 
file format). Address all comments and data for this action, whether on 
paper or in electronic form, such as through e-mail or disk, to Docket 
No. A-97-45/ Category V-D.
    Regional Office Contacts. For information regarding the 
implementation of the MWC Federal plan, contact the appropriate EPA 
Regional Office as shown in table 1. This table has been updated since 
it was published on November 12, 1998 (63 FR 63193).

     Table 1.--EPA Regional Contacts for Municipal Waste Combustors
------------------------------------------------------------------------
          Regional contact                Phone No.          Fax No.
------------------------------------------------------------------------
John Courcier, U.S. EPA, Region I     (617) 918-1659    (617) 918-1505
 (Connecticut, Maine, Massachusetts,
 New Hampshire, Rhode Island,
 Vermont), 1 Congress Street, Suite
 1100 (CAP), Boston, MA 02114-2023.
Kirk Wieber, Argie Cirillo, Craig     (212) 637-3381    (212) 637-3901
 Flamm, U.S. EPA, Region II (New      (212) 637-3203
 Jersey, New York, Puerto Rico,       (212) 637-4021
 Virgin Islands) 290 Broadway, New
 York, NY 10007-1866.
James B. Topsale, U.S. EPA/3AP22,     (215) 814-2190    (215) 814-2114
 Region III (Delaware, District of
 Columbia, Maryland, Pennsylvania,
 Virginia, West Virginia) 1650 Arch
 Street, Philadelphia, PA 19103-2029.
Scott Davis, U.S. EPA/APTMD, Region   (404) 562-9127    (404) 562-9095
 IV (Alabama, Florida, Georgia,
 Kentucky, Mississippi, North
 Carolina, South Carolina,
 Tennessee) Sam Nunn Atlanta Federal
 Center, 61 Forsyth Street, SW,
 Atlanta, GA 30303.

[[Page 33506]]

 
Douglas Aburano (MN), Mark Palermo    (312) 353-6960    (312) 886-5824
 (IL, IN, OH), Charles Hatten (MI,    (312) 886-6082
 WI), U.S. EPA/AT18J, Region V        (312) 886-6031
 (Illinois, Indiana, Michigan,
 Minnesota, Ohio, Wisconsin), 77 W.
 Jackson Blvd., Chicago, IL 60604.
Mick Cote, U.S. EPA, Region VI        (214) 665-7219    (214) 665-7263
 (Arkansas, Louisiana, New Mexico,
 Oklahoma, Texas), 1445 Ross Ave.,
 Suite 1200, Dallas, TX 75202-2733.
Wayne Kaiser, U.S. EPA, Region VII    (913) 551-7603    (913) 551-7065
 (Iowa, Kansas, Missouri, Nebraska),
 726 Minnesota Ave., Kansas City, KS
 66101.
Mike Owens, U.S. EPA, Region VIII     (303) 312-6440    (303) 312-6064
 (Colorado, Montana, North Dakota,
 South Dakota, Utah, Wyoming), 999
 18th Street, Suite 500, Denver, CO
 80202-2466.
Patricia Bowlin, U.S. EPA/Air 4,      (415) 744-1188    (415) 744-1076
 Region IX (American Samoa, Arizona,
 California, Guam, Hawaii, Northern
 Mariana Islands, Nevada), 75
 Hawthorne Street, San Francisco, CA
 94105.
Catherine Woo, U.S. EPA, Region X     (206) 553-1814    (206) 553-0110
 (Alaska, Idaho, Oregon,
 Washington), 1200 Sixth Ave.,
 Seattle, WA 98101.
------------------------------------------------------------------------

Administrative Requirements

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), generally requires EPA to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment under 
the Administrative Procedure Act or any other statute unless EPA 
certifies that the rule will not have a significant impact on a 
substantial number of small entities. Small entities include small 
businesses, small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this action on small 
entities, small entity is defined as: (1) A small business in this 
industry with a gross annual revenue less than $6 million; (2) a small 
governmental jurisdiction that is a government of a city, county, town 
school district or special district or a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise that is independently owned and operated and not dominant in 
its field.
    This action is not subject to the requirements of the RFA as 
modified by SBREFA because it only makes minor technical amendments to 
some of the rule's requirements and it does not impose any additional 
requirements. 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). Therefore, 
pursuant to the provisions of 5 U.S.C. 605(b), EPA certifies that the 
amendments to the MWC Federal plan will not have a significant impact 
on a substantial number of small entities and a regulatory flexibility 
analysis is not required.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Reporting and 
recordkeeping requirements.

    Dated: May 2, 2000.
Carol M. Browner,
Administrator.
[FR Doc. 00-11812 Filed 5-23-00; 8:45 am]
BILLING CODE 6560-50-P