[Federal Register Volume 65, Number 124 (Tuesday, June 27, 2000)]
[Proposed Rules]
[Pages 39581-39584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16073]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 63 and 266

[FRL-6721-8]


NESHAPS: Standards for Hazardous Air Pollutants for Hazardous 
Waste Boilers and Industrial Furnaces; Notice of Data Availability

AGENCY: Environmental Protection Agency.

ACTION: Notice of data availability for future Phase II combustion 
rulemaking.

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

SUMMARY: This notice of data availability presents for public comment 
the data base the Environmental Protection Agency (EPA or Agency) plans 
to use to propose National Emission Standards for Hazardous Air 
Pollutants (NESHAPs) for hazardous waste burning boilers, halogen acid 
furnaces, and sulfuric acid recovery furnaces (our Phase II combustion 
rulemaking). We are providing this opportunity for comment to ensure 
that the data base used to establish standards in the Phase II 
combustion rulemaking is as accurate and complete as possible.

DATES: Comments must be submitted by August 28, 2000.

ADDRESSES: If you wish to comment on this NODA, you must send an 
original and two copies of the comments referencing Docket Number F-
2000-RC2A-FFFFF to: RCRA Information Center (RIC), Office of Solid 
Waste (5305G), U.S. Environmental Protection Agency Headquarters (EPA 
HQ), Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 
20460-0002; or, (2) if using special delivery, such as overnight 
express service: RIC, Crystal Gateway One, 1235 Jefferson Davis 
Highway, First Floor, Arlington, VA 22202. You may also submit comments 
electronically following the directions in the SUPPLEMENTARY 
INFORMATION section below.
    You may view public comments and supporting materials in the RIC. 
The RIC is open from 9 am to 4 pm Monday through Friday, excluding 
Federal holidays. To review docket materials, we recommend that you 
make an appointment by calling 703-603-9230. You may copy up to 100 
pages from any regulatory document at no charge. Additional copies cost 
$ 0.15 per page. For information on accessing an electronic copy of the 
data base, see the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: For general information, call the RCRA 
Hotline at 1-800-424-9346 or TDD 1-800-553-7672 (hearing impaired). 
Callers within the Washington Metropolitan Area must dial 703-412-9810 
or TDD 703-412-3323 (hearing impaired). The RCRA Hotline is open 
Monday'-Friday, 9 am to 6 pm, Eastern Standard Time. For more 
information on specific aspects of this NODA, contact Mr. H. Scott 
Rauenzahn at 703-308-8477, [email protected], or write him at the 
Office of Solid Waste, 5302W, U.S. EPA, Ariel Rios Building, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION:

Submittal of Comments

    You may submit comments electronically by sending electronic mail 
through the Internet to: [email protected]. You should 
identify comments in electronic format with the docket number F-2000-
RC2A-FFFFF. You must submit all electronic comments as an ASCII (text) 
file, avoiding the use of special characters or any type of encryption. 
The official record for this action will be kept in the paper form. 
Accordingly, we will transfer all comments received electronically into 
paper form and place them in the official record which will also 
include all comments submitted directly in writing. The official record 
is the paper record maintained at the RIC as described above. We may 
seek clarification of electronic comments that are garbled in 
transmission or during conversion to paper form.
    You should not electronically submit any confidential business 
information (CBI). You must submit an original and two copies of CBI 
under separate cover to: RCRA CBI Document Control Officer, Office of 
Solid Waste (5305W), U.S. EPA, Ariel Rios Building, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460.
    If you do not submit comments electronically, we are asking 
prospective commenters to voluntarily submit one additional copy of 
their comments on labeled personal computer diskettes in ASCII (text) 
format or a word processing format that can be converted to ASCII 
(text). It is essential that you specify on the disk label the word 
processing software and version/edition as well as the commenter's 
name. This will allow us to convert the comments into one of the word 
processing formats used by the Agency. Please use mailing envelopes 
designed to protect the diskettes. We emphasize that submission of 
diskettes is not mandatory, nor will it result in any advantage or 
disadvantage to any commenter.

Obtaining the Database Electronically

    The data base can be obtained either from the RIC as described 
above in the Addresses section, or by downloading from the Internet. If 
you want to download the data base over the Internet, you can do so 
from our ``HWC MACT'' web site: http://www.epa.gov/hwcmact/ph2noda1. 
Please consult the web page for specific instructions on how to 
download the data base.

Clarification of Comments Requested

    In today's NODA we request that owners and operators of hazardous 
waste burning boilers, halogen acid

[[Page 39582]]

furnaces, and sulfuric acid recovery furnaces review our data base to 
ensure that it is as accurate and complete as possible, and to provide 
corrections and additions in the form of comments to this notice. We 
request comment only on the accuracy and completeness of the data base 
at this time. We do not seek nor will we use or respond to comments on 
how to use the data base to establish MACT standards. Rather, we will 
publish for comment this subject and all other aspects of the NESHAPS 
rulemaking in a future notice of proposed rulemaking.

Table of Contents

I. Background
II. Am I Affected by This Document?
III. How Did EPA Obtain These Data?
IV. What Quality Assurance or Quality Control Did EPA Use When 
Creating the Data Base?
V. What Data and Information are Available and How is the Data Base 
Organized?
VI. What Data Handling Decisions Did EPA Make and What Are the Data 
Gaps?

I. Background

    This is a notice of data availability and invitation for comment on 
the data base we will use to support the future Phase II Maximum 
Achievable Control Technology (MACT) standards for hazardous waste 
combustors (HWCs). The Phase II HWC MACT rulemaking covers boilers, 
halogen acid furnaces (HAFs), and sulfuric acid recovery furnaces 
(burning hazardous waste for energy recovery and not those that are 
just processing spent sulfuric acid) (SARFs). We expect the MACT 
standards developed under the Phase II rulemaking will supersede the 
emission standards for these sources under authority of the Resource 
Conservation and Recovery Act (RCRA), codified at 40 CFR Part 266, 
Subpart H. Today's document is the first step in developing technology-
based MACT emissions standards for hazardous waste burning boilers, 
HAFs, and SARFs.
    Additionally, we are developing MACT standards for nonhazardous 
waste burning boilers and process heaters under a separate but parallel 
rulemaking. We divided the boiler universe into two separate 
rulemakings, because hazardous waste burning may affect the type and 
concentration of hazardous air pollutants and because hazardous waste 
burning boilers are currently subject to specific emission controls 
under RCRA. For information on the nonhazardous waste boiler 
rulemaking, you may contact Mr. James A. Eddinger on 919-541-5426.

II. Am I Affected by This Document?

    Sources affected by this document include all hazardous waste 
burning boilers, halogen acid furnaces, and sulfuric acid recovery 
furnaces (not including those furnaces just processing spent sulfuric 
acid), as defined in 40 CFR 260.10.

III. How Did EPA Obtain These Data?

    We gathered these data from information already submitted by these 
sources to EPA Regional Offices or State agencies about their most 
recent RCRA compliance testing, including certifications of compliance 
(CoC), trial burns, and risk burn testing. In total, we obtained test 
reports for 115 individual sources. An additional 38 sources are ``data 
in lieu of'' sources, i.e., sources for which data from a very similar 
source was accepted in lieu of performing a compliance test for that 
specific source. Thus, our current data base represents the most recent 
compliance test results for 153 individual boilers, HAFs, and SARFs 
(burning hazardous waste for energy recovery and not those that are 
just processing spent sulfuric acid) nationwide. With the exception of 
sources currently operating under the small quantity on-site burner 
exemption in 40 CFR 266.108, we believe this data base represents 
nearly all boilers, HAFs and SARFs subject to Part 266, Subpart H.
    Boilers, HAFs, and SARFs burning small quantities of hazardous 
waste are exempt from Part 266, Subpart H, under Sec. 266.108. 
Consequently, we do not have emissions or facility design and operation 
data for these sources. These sources are nonetheless potentially 
affected sources that will be evaluated for MACT emission standards at 
the same time we are evaluating other affected sources. To assist in 
the evaluation of these small quantity burners, we request that boiler, 
HAF, and SARF sources that are currently exempt under Sec. 266.108 
provide available information on the items listed in the Appendix to 
today's notice by the close of the comment period.

IV. What Quality Assurance or Quality Control Did EPA Use When 
Creating the Data Base?

    We took steps to ensure that all pertinent data were accurately 
extracted from the collected test reports and included in the data 
base. The data base report, explained in Section V below, contains a 
detailed description of the quality assurance and quality control steps 
taken to avoid inaccurate data interpretation and data entry errors. We 
recognize, however, that mistakes can occur and request that owners and 
operators review the data for their source(s) and provide any necessary 
corrections.

V. What Data and Information are Available and How Is the Data Base 
Organized?

    Today's document covers: (1) A data base report; (2) performance 
data and information files for individual sources; (3) an emissions and 
feedrate data summary sheet; and (4) a facility description summary 
sheet. Each of these items is explained below. This information is 
available both at the RCRA docket and electronically on our web site at 
www.epa.gov/hwcmact/ph2noda1.

1. Data Base Report

    The Phase II HWC MACT Data Base Report discusses the organization 
of the data base, describes the test report information collected from 
Regional and state offices, and discusses the quality assurance and 
quality control plan. This report also describes the type of data and 
information extracted from the test reports of affected sources.

2. Data and Information File for Individual Sources

    Each individual source with test data has a separate file 
containing performance data and operation information. The data base 
contains all available stack gas emissions data (including data on 
metals, chlorine, particulate matter, dioxins and furans, carbon 
monoxide, and hydrocarbons), process operating data (including 
hazardous waste and auxiliary fuel compositions and feedrates), and 
facility equipment design and operational data (including combustor and 
air pollution control device temperatures, pressures, etc.).
    These individual source files are provided on the internet in two 
electronic file formats: Portable Document Format (PDF) and 
spreadsheet. PDF files can be viewed and printed using the free 
software program Adobe Acrobat. One limitation of PDF is that you are 
unable to see the formulas we used to perform calculations required to 
present all data in consistent units. If you would like to review these 
formulas, you need to download the data in spreadsheet format. To use 
the spreadsheets, you must use Microsoft Excel or another program that 
can read Excel 97 format files.

[[Page 39583]]

3. Emissions and Feedrate Data Summary Sheet

    This sheet aggregates key emissions and feedrate information from 
individual source files. The sheet includes information on the source's 
air pollution control system, system design, types of hazardous waste 
and auxiliary fuel used, heat input capacity, stack gas emission 
concentrations of individual hazardous air pollutants, metals, and 
chlorine feedrates, and stack gas conditions.

4. Facility Description Summary Sheet

    This sheet aggregates descriptive information for sources. The 
sheet includes the facility name and location, identification number, 
system design, air pollution control system, types of hazardous waste 
and auxiliary fuel used, and heat input capacity.

VI. What Data Handling Decisions Did EPA Make and What Are the Data 
Gaps?

    In this section, we describe the data handling protocol used during 
development of the data base. We also identify additional data that we 
want and request that commenters submit such information as available.

1. Excluding Data From Sources No Longer Burning Hazardous Waste

    The data base does not include information from sources no longer 
burning hazardous waste. If, during our data collection effort, we 
learned that a source had stopped burning hazardous waste and is 
undergoing, or has indicated to regulatory officials its plan to begin, 
RCRA closure procedures, then we did not obtain a copy of that source's 
test report(s). Although such data may or may not indicate the 
capabilities of control equipment in general, we have concluded that 
the data collected from currently operating combustors represent the 
source categories and is adequate to develop future emission standards 
under Section 112(d).

2. Excluding Data From Previous Compliance Testing

    As mentioned earlier, we collected only the most recent testing 
information for a source because these data best represent current 
design and operation. In nearly all instances, the dates of the test 
reports collected were either 1998 or 1999. If a more recent RCRA 
compliance test report is available (i.e., more recent than the test 
report entered into our current data base), we encourage owners and 
operators to submit a copy of this more recent report as a comment to 
this notice. We request that commenters not submit data from testing 
conducted prior to the date of the test report in the data base, nor do 
we intend to use these older data.

3. The Format of the Feed Constituent Data

    The data base contains concentrations of various chemicals in the 
feed to the boiler or furnace during a given test condition. The units 
of measurement used to report feed stream concentrations are not 
uniform across all sources. For example, feed chemicals may be reported 
as ``grams per hour'' in one test report, and ``parts per million by 
weight'' in another. To make the feed data consistent across all 
sources, we converted all feedstream concentrations to a common unit 
called the ``maximum theoretical emissions concentration'' or MTEC. The 
MTEC is calculated by dividing the constituent feedrate by the gas flow 
rate. The MTEC is expressed in the units of the associated emission 
standard.

4. Missing Source Description Information

    Some test reports omitted source description information. For 
example, many of the boiler source descriptions are incomplete. A 
report might simply say the source is a boiler, but not whether it is a 
watertube or firetube boiler. In other cases, we were unable to 
determine what emission control equipment, if any, is installed on the 
source. We request that owners and operators provide any such missing 
source description information as a comment to this notice.
    We also request additional information regarding the heat recovery 
systems used at many HAFs. In a few cases, the test report was not 
clear whether the HAF has a waste heat boiler (i.e., a boiler that is 
not integrally designed with the combustion chamber), whether the HAF 
has a boiler that is integrally designed with the combustion chamber, 
or whether the HAF has no energy recovery features. This information is 
useful in evaluating whether design and operating features can affect 
emissions of hazardous air pollutants and control strategies.
    We also request process information for HAFs with waste heat 
boilers. We would like information on the flue gas temperature profile 
across the waste heat boiler, or at a minimum, the entrance and exit 
flue gas temperatures, and the temperature of the inlet water and exit 
steam (or heated water) across the tubes to accurately evaluate these 
systems. We ask owners and operators of HAFs with waste heat boilers to 
provide this information, if it exists, regarding the operation of the 
waste heat boiler during each test condition.
    Some test reports for boilers list ``HCl Absorbers'' as an 
emissions control device. However, we understand that HCl absorbers are 
generally used by HAFs to produce HCl. To properly classify these 
devices, we request clarification as to whether these sources use the 
HCl absorber to produce HCl product, or whether the absorber is used as 
a wet scrubber.

5. Submitting Additional Emissions Data and Corrections to the Data 
Base

    As stated earlier, we encourage submittal of more recent test data 
than now appear in our data base. If the data are generated during a 
CoC, Trial Burn, or Risk Burn test that must be submitted to a 
regulatory authority, we will infer that the QA/QC of your data is 
satisfactory. In this case, please submit the pages from the test 
report that document the missing or incorrect results and the cover 
page of the test report as reference. If the results come from other 
tests, you should send us the complete test report, including the QA/QC 
procedures followed.
    In addition, we request that you submit the feed constituent 
information (i.e., the concentration or mass flow rate of metals, 
chlorine, and when applicable, organic chemicals) and the process 
information (i.e., how the combustion source and emissions control 
devices were operating) observed at the time of the test. Both the feed 
constituent and process conditions impact the resulting emissions and, 
more importantly, help us to understand the circumstances surrounding a 
particular test outcome.

    Dated: June 16, 2000.
Elizabeth A. Cotsworth,
Director, Office of Solid Waste.

    Note: the following appendix will not appear in the CFR.

Appendix

Data Request Information for Small Quantity Burners

    1. EPA Facility ID No. (i.e., TXD012345678).
    2. Company, Operator, and Facility Name.
    3. Facility Location (City, State).
    4. Name of Combustor Unit Used by Facility (e.g., Boiler No. 1).
    5. Combustor Type and Characteristics including combustion 
device and design, manufacturer, installation date, size, fuel input 
capacity, and steam generating characteristics.
    6. Air Pollution Control System and Characteristics including 
device design and operating characteristics.
    7. Hazardous Waste Characteristics including types, physical 
properties

[[Page 39584]]

(viscosity, form), heating value, and the concentrations of 
chlorine, arsenic, beryllium, cadmium, chromium, cobalt, lead, 
mercury, nickel, and selenium
    8. Other Fuels Burned (e.g., natural gas, fuel oil, etc.).
    9. Hazardous Waste and Other Fuel Feedrates (e.g., lb/yr for 
waste streams and fuel oils, ft3/yr for natural gas, etc.).
    10. Stack Characteristics including stack height, diameter, and 
stack gas velocity and temperature.
    11. Stack Gas Emissions Testing Results including:
     Stack gas emissions rates of particulate matter
     HCl
     Cl2
     Metals
     CO
     HC
     Information on stack gas flow rate
     Temperature
     Sootblowing (and whether and how PM and metals 
emissions data have been adjusted to account for soot blowing)
     Oxygen level
     Description of purpose of testing
     Test operating conditions
     Quality assurance/quality control procedures.

[FR Doc. 00-16073 Filed 6-26-00; 8:45 am]
BILLING CODE 6560-50-P