[Federal Register Volume 65, Number 132 (Monday, July 10, 2000)]
[Rules and Regulations]
[Pages 42292-42302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16515]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60, 63, 261, and 270
[FRL-6720-9]
RIN 2050-AE01
NESHAPS: Final Standards for Hazardous Air Pollutants for
Hazardous Waste Combustors
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
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SUMMARY: On September 30, 1999 the Environmental Protection Agency
(EPA) published the Hazardous Waste Combustors NESHAP Final Rule. On
November 19, 1999 EPA published the first technical correction of that
rule to address a time sensitive situation. Today's rule corrects
numerous typographical errors and clarifies several issues from the
September 30, 1999 rule, one issue from a closely-related June 19, 1998
rule, and makes one adjustment to the November 19, 1999 technical
correction. These corrections and clarifications will make the NESHAP
final rule easier to understand and implement.
DATES: This rule is effective on July 10, 2000.
ADDRESSES: The public may obtain a copy of this technical correction at
the RCRA Information Center (RIC), located at Crystal Gateway One, 1235
Jefferson Davis Highway, First Floor, Arlington, Virginia.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline at (800) 424-9346 (toll free) or (703) 412-9812 in the
Washington, D.C. metropolitan area. For information on this rule
contact David Hockey (5302W), Office of Solid Waste, Ariel Rios
[[Page 42293]]
Building, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460, at e-
mail address [email protected].
SUPPLEMENTARY INFORMATION:
I. Good Cause Exemption
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. EPA has determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because it merely corrects errors
and clarifies certain requirements in the Hazardous Waste Combustors
NESHAP Final Rule (64 FR 52828, September 30, 1999). Today's action
also supplies one omission from the emergency technical correction
published on November 19, 1999 (64 FR 63209) and makes one correction
to the related June 19, 1998 (63 FR 33783) final rule. With the
exception of the emergency technical correction published November 19,
1999, the final rules were subject to notice and comment. Thus, notice
and public procedure are unnecessary. EPA finds that this constitutes
good cause under 5 U.S.C. 553(b)(B).
II. Reasons and Basis for Today's Action
The Agency has received numerous comments from the regulated
community requesting clarification and correction of the rule
finalizing NESHAPS for hazardous waste combustors (64 FR 52828,
September 30, 1999). The Agency is correcting typographical errors and
misprints, as well as clarifying several matters related to preamble
statements and regulatory provisions. Today's action also supplies one
omission from the emergency technical correction published on November
19, 1999 (64 FR 63209) and makes one correction to the related June 19,
1998 (63 FR 33783) final rule.
The regulated community has also raised other issues and questions
through informal comments as well as through litigation that will in
many cases require notice and comment rulemaking. The Agency plans to
propose changes in the Federal Register as quickly as possible that
will address many of these other issues.
III. Corrections and Clarifications
A. Corrections to the September 30, 1999 Final Rule
1. Units for Particulate Matter in Appendix A, Method 5i Are Corrected
The unit for particulate matter (PM) concentration given in section
12.2 of Method 5i in appendix A of part 60 is ``mg/unit volume'' (see
64 FR 53030). However, in the preamble discussion on pages 52927-52928,
the PM concentration is expressed as ``mg/dscm.'' The Agency is
revising the mg/unit volume in Appendix A, because the PM criteria
would change depending on the volume measured. Dry standard cubic meter
(dscm) is the intended and more precise measure.
2. Sources That Have Initiated RCRA Closure Requirements Are Exempt:
Table 1 to Sec. 63.1200
Table 1 in Sec. 63.1200 (see page 64 FR 53038) explains the
exemptions from these regulations for hazardous waste combustors.
According to (1)(ii) of that table, previously affected sources have to
be in compliance with the closure requirements of subpart G of 40 CFR
part 63, 40 CFR part 264, or 40 CFR part 265 to be exempt from the
requirements of subpart EEE of part 63. The Agency agrees with
commenters that, under our existing regulations, previously affected
sources need only have initiated these closure requirements to be
exempt, and today we are revising Table 1 of Sec. 63.1200 to reflect
this change.
3. Continuous Monitoring of Both Hydrocarbons and Carbon Monoxide Is
Not Required: Secs. 63.1203, 63.1204, 63.1205, and 63.1209
The preamble to the September 30, 1999 rule states on page 52848
that, to comply with the carbon monoxide and hydrocarbon emission
standard, you must continuously monitor and comply with the emission
standard for either carbon monoxide or hydrocarbons. If you choose to
continuously monitor carbon monoxide, however, you must document
compliance with the hydrocarbon standard only during the destruction
and removal efficiency (DRE) test or its equivalent.
Several stakeholders note that the regulatory language implementing
this provision could be interpreted to mean that continuous monitoring
and compliance with both the carbon monoxide and hydrocarbon emissions
standards are required. The Agency is today revising the regulatory
language to clarify as intended that continuous monitoring and
compliance with either the carbon monoxide or hydrocarbon standard is
required. See revised Secs. 63.1203(a)(5)(i), 63.1203(b)(5)(i),
63.1204(a)(5)(i)(A), 63.1204(a)(5)(ii)(B), 63.1204(b)(5)(i)(A)(1),
63.1205(a)(5)(i), 63.1205(b)(5)(i), 63.1209(a)(1)(i), and
63.1209(a)(7).
4. References to Subparts BB and CC of Part 264 Are Redundant:
Secs. 63.1203(e), 63.1204(g), 63.1205(e)
The regulatory sections that prescribe emission standards for
hazardous waste burning incinerators (Sec. 63.1203), cement kilns
(Sec. 63.1204), and lightweight aggregate kilns (Sec. 63.1205) each
reference subparts BB and CC of 40 CFR part 264 that prescribe emission
standards for equipment leaks, tanks, surface impoundments, and
containers. Several commenters assert that is is redundant and
unnecessary to reference these subparts because they are separately
applicable under part 264. We agree and, to avoid redundancy, therefore
delete the references from this rule.
5. The 720 Hour Operating Limit is Renewable:
Secs. 63.1206(b)(5)(i)(C)(1) and 63.1207(h)(2)
The preamble to the September 30, 1999 rule states that the rule
allows you to operate after a failed test for purposes of pretesting or
performance testing for up to a total of 720 hours of operation,
renewable at the discretion of the Administrator. See 64 FR 52914 and
Sec. 63.1207(k)(2). We explain in the preamble that the 720 operating
period is renewable at the discretion of the Administrator in response
to commenters concerns about unforeseen delays in pretesting and
testing activities and given that current RCRA rules allow renewals.
Several stakeholders noticed that we did not include allowance for
renewals of the 720 hour periods in two other similar provisions of the
rule: Sec. 63.1206(b)(5)(i)(C)(1) pertaining to restrictions on waste
burning after a change in design, operation, or maintenance that may
adversely affect compliance; and Sec. 63.1207(h)(2) pertaining to
pretesting and performance testing under waived operating limits to
satisfy the periodic comprehensive performance testing requirements.
This was a drafting oversight and we are today correcting the rule to
allow the Administrator to extend the 720 hours of operations for
pretesting and performance testing as warranted in these situations as
well.
[[Page 42294]]
6. Average Limits Are Calculated as the Average of the Test Run
Averages: Sec. 63.1209
The preamble to the September 30, 1999 rule states that feedrate
limits for mercury, semi-volatile metals, low-volatile metals, and
hydrochloric acid/chlorine gas must be determined by establishing the
``average of the test run averages'' from the comprehensive performance
test (see pages 64 FR 52943, 52946, and 52952, respectively). However,
in Sec. 63.1209, the requirement is incorrectly expressed as the
``average of the average hourly rolling averages for each run'' from
the comprehensive performance test. Today's rule amends the regulatory
language to read ``the average of the test run averages,'' which was
the intended phrase. We are also clarifying that the preamble summary
tables for semi-volatile metals and low-volatile metals (64 FR 52945)
and hydrochloric acid/chlorine gas (64 FR 52951) should state that
feedrate limits for 12-hour averaging periods are established by the
average of test run averages rather than the average of the average
hourly rolling averages for each run.
7. The Table in Sec. 63.1211 Summarizing Recordkeeping Requirements Is
Corrected
Today's rule corrects the reference to Sec. 63.1206(c)(7), as well
as adding a new reference to for Sec. 63.1206(c)(5), to the table of
recordkeeping requirements found in Sec. 63.1211 (see 64 FR 53065). No
substantive recordkeeping changes are made by this action; we are
merely updating the table's references to other sections where the
substantive recordkeeping requirements are lodged.
8. The Definition of Rolling Average in the Appendix to Subpart EEE of
Part 63 Is Corrected
In the definitions section of the appendix to subpart EEE, the
definition for a ``rolling average'' includes a sentence on continuous
emissions monitoring systems (CEMS) other than carbon monoxide and
total hydrocarbons CEMS. This sentence is unnecessary because we did
not finalize other CEMS-based emission standards; therefore, we are
removing this sentence from the appendix to subpart EEE.
9. The Citation in Sec. 270.42 of the Notification of Compliance Is
Corrected
The September 30, 1999 final rule moved the Notification of Intent
to Comply (NIC) requirements from Sec. 63.1211 to Sec. 63.1210, but
failed to revise the citation of Sec. 63.1211 in Sec. 270.42. We are
correcting this citation in today's rule.
10. Information Required To Be Included in the Performance Test Plan Is
Consolidated: Sec. 63.1207(f)(1)
The rule lists information that must be included in the
comprehensive performance test plan under Sec. 63.1207(f)(1). Several
stakeholders note, however, that the list is not complete. Several
types of additional information that must be included in the
comprehensive performance test plan were inadvertently omitted from the
summary list in Sec. 63.1207(f)(1). Accordingly, to avoid a misleading
summary list, we are revising the summary list to include all
information that various provisions of the rule require to be included
in the comprehensive performance test plan.
11. Definition of a Responsible Official Is Revised: Sec. 63.1212(a)(2)
We are revising the definition of a ``responsible official''
provided in Sec. 63.1212(a)(2) of the final rule so that it conforms to
the definition in the Clean Air Act implementing regulations of
Sec. 63.2. We did not intend to alter the statutory definition though
Sec. 63.1212(a)(2).
12. Several Citations Are Corrected
In the Sec. 63.1201(a) definition of an automatic waste feed cutoff
system, we incorrectly cited Sec. 63.1206(c)(2)(viii) rather than
Sec. 63.1206(c)(3)(viii). In Sec. 63.1210(c)(2), we incorrectly cited
paragraph (b)(1) rather than (c)(1). In Secs. 63.1212(b)(1) and (2), we
incorrectly cited requirements for Sec. 63.1206(a)(2) rather than
Sec. 63.1206(a)(3). These citations are corrected in today's action.
13. Citation in Table 1 to Sec. 63.1200 Is Corrected
Table 1 to Sec. 63.1200 (3) (see 64 FR 53038) provides an exemption
from the requirements of subpart EEE if you burn certain wastes exempt
from regulation under section 266; however, the exemption in the table
incorrectly cites section 266.100(b). The correct cite is section
266.100(c). We revised the regulations at section 266.100 as part of
the HWC MACT final rule, to include a new section 266.100(b) and
inadvertently failed to revise the corresponding cite in Table 1 to
reflect the change made to section 266.100. Today's action revises
Table 1 to reflect the correct cite to section 266.100(c).
B. Correction to the November 19, 1999 Technical Correction
In the November 19, 1999 rule, the Agency amended
Sec. 63.1210(b)(1)(iv) by replacing the word ``intent'' with ``intend''
(see 64 FR 63212). However, the Agency inadvertently deleted the words
``do not.'' Today's rule reinstates the words ``do not'' before
``intend'' in Sec. 63.1210(b)(1)(iv).
C. Corrections to the Related June 19, 1998 Final Rule
1. Gas Turbines Are Added to the List of Approved Burners for
Comparable Fuels
The June 19, 1998 (63 FR 33783) final rule establishing the
comparable fuels exclusion allows the burning of comparable fuels and
syngas fuels in certain combustion sources. We intended comparable
fuels and syngas fuels to be burned only in those units capable of
managing the excluded hazardous waste. Commenters noted that gas
turbines are capable of managing and burning syngas fuels. However, we
inadvertently excluded gas turbines from the list of approved
comparable/syngas fuel burners. Today's action adds gas turbines to the
list of approved comparable/syngas burners under Sec. 261.38(c)(ii)(2).
D. Clarifications of the September 30, 1999 Final Rule
1. Clarification That the Emergency Safety Vent Operating Plan Is To Be
Kept in the Operating Record
The preamble to the September 30, 1999 rule states on page 52907
that if you use an emergency safety vent (ESV) in your system design,
then you must develop and submit an ESV operating plan with the DOC and
NOC. However, there are no requirements in Sec. 63.1206(c)(4)(ii) for
submitting the plan because we intended that an ESV operating plan must
only be kept in the facility's operating record. The Agency wishes to
clarify today that the preamble language requiring submittal of the
plan with the DOC and NOC is incorrect and should be disregarded. The
ESV operating plan need only be kept in the source's operating record.
2. Preamble Language Regarding a Ten-Minute Average Limit for pH for
HCl and Cl2 Is Incorrect
In Sec. 63.1209, paragraph (o)(3)(iv) requires owners/operators of
combustion facilities using wet scrubbers to control hydrochloric acid
and chlorine gas to establish a limit on the minimum pH on an hourly
rolling average basis (see 64 FR 53062). However, the preamble states
that the minimum pH must be established by a dual ten-minute and hourly
rolling average (see 64 FR 52952). As several stakeholders pointed out,
earlier in the preamble (64 FR 52920) the Agency concluded that,
although there may be site-specific circumstances that warrant
[[Page 42295]]
shorter than one hour in duration, the ten-minute rolling average is
not appropriate for a national regulation. The Agency wishes to clarify
that the regulatory language is correct, and that the preamble language
found on page 52952 is incorrect and should be disregarded.
3. Preamble Language Regarding Manual Stack Methods for Compliance With
the HCl and Cl2 Standards Is Incorrect
On page 52958, we state that for compliance with the hydrochloric
acid and chlorine standards, you must use Method 26A in 40 CFR part 60,
appendix A. We also go on to say that we reject other methods for HCl
and Cl2 compliance. These preamble statements are in error
and should be disregarded. In the final regulatory language we allow
the use of Methods 261, 320, or 321 for compliance.
4. The Response to Comments Associated With Combustion System Leaks Is
Incorrect
The September 30, 1999 rule states that a source must control
combustion system leaks by: (1) Keeping the combustion zone sealed to
prevent combustion system leaks; (2) maintaining the maximum combustion
zone pressure lower than ambient pressure using an instantaneous
monitor; or, (3) upon written approval of the Administrator, using an
alternative means of control to provide control of combustion system
leaks equivalent to maintenance of combustion pressure lower than
ambient pressure (see Sec. 63.1206(c)(5)). In our response to comments
on the proposed rule (see US EPA, ``Final Response to Comments to the
Proposed HWC MACT Standards: Volume II,'' July 1999) we incorrectly
implied that it would be appropriate for a source to use a one-minute
averaging period to comply with the provisions of option 2 above.\1\
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\1\ For instance, one of the sections in this document states
``therefore, we have decided to follow commenters suggestions and
allow a one-minute averaging period to account for small
fluctuations in combustion chamber pressure due to inaccurate
readings of the monitor or feeding practices that lead to brief
increases in combustion pressure.'' See Final Response to Comments
to the Proposed HWC MACT Standards, Volume II, Section Titled
``Combustion Fugitive Emissions Maximum Pressure Limit,'' pages 5
and 6.
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The Agency today clarifies that the response to comments language
is incorrect. We considered the commenters' suggested approach of
allowing the use of one-minute averaging periods to comply with option
2 (i.e., Sec. 63.1206(c)(5)(i)(B)), but later rejected the approach
because it did not assure fugitive emissions would be adequately
controlled. The response to comments document represents an earlier
point of view and inadvertently was not updated to reflect our final
position.\2\
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\2\ We note that the decision not to allow the use of averaging
periods to comply with Sec. 63.1206(c)(5)(i)(B) is reflected in the
September 30, 1999 preamble (see 64 FR 52920) and the July 1999
Final Technical Support Document, Volume IV, Chapter 2, Section
2.2.1, and Chapter 8.
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5. Clarification of Applicability of Subpart EEE to Facilities
Previously Subject to Title V Permitting
Following promulgation of the September 30, 1999 rule, we received
a number of questions regarding the applicability of subpart EEE to
sources that operate, or are being constructed/reconstructed, at
facilities previously subject to, or in possession of, a title V
permit. These questions arise in response to the rule language of 40
CFR 63.1200 (a)(2) where we state that, ``Both area sources and major
sources, not previously subject to title V permitting, are immediately
subject to the requirement to apply for and obtain a title V permit in
all States, and in areas covered by part 71 of this chapter.'' In
today's correction document we are clarifying that the provisions of
subpart EEE apply to each hazardous waste burning incinerator, cement
kiln, and lightweight aggregate kiln individually firing hazardous
waste on, or following, the effective date of the final rule (September
30, 1999).\3\ This includes individual affected sources operating at
facilities currently in possession of a title V permit due to other
regulated activities at the facility. The language of
Sec. 63.1200(a)(2) in no way limits the need for facilities currently
in possession of a title V permit to fulfill the requirements of
subpart EEE as they apply to each affected source operating at the
facility. Section 63.1200(a)(2) is only meant to state that facilities
in possession of a title V permit do not have to apply for a new title
V permit for the hazardous waste burning activities regulated by
subpart EEE. Our presumption in promulgating Sec. 63.1200(a)(2) is that
sources currently in possession of a title V permit must follow the
applicable requirements of the general provisions found at 40 CFR part
63, subpart A, and the permit revision provisions of 40 CFR part 71,
subpart A.
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\3\ The provisions of subpart EEE apply to each source firing
hazardous waste on the effective date of the rule unless a source
can demonstrate that it is exempt from subpart EEE because the
source is in compliance with one of the three provisions identified
in table 1 to Sec. 63.1200.
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6. Operator Training and Certification Requirement Is Clarified
Many stakeholders have expressed concern that the operator training
and certification requirements under Sec. 63.1206(c)(6) could be
interpreted to require virtually every employee at the facility to pass
a technical training and certification program equivalent to that of
the American Society of Mechanical Engineers (ASME) QHO-1 program.
These stakeholders note that a formal technical training and
certification program is not necessary or appropriate for employees
holding positions not related to the emissions control aspects of
facilities operations--such as some of the administrative staff, quarry
workers and raw material handlers.
We agree and are clarifying today that we neither intended the
facility to subject all personnel to the training and certification
program requirements nor intended the facility to establish a single
training and certification program applicable to all categories of
personnel whose activities may reasonably be expected to directly
affect emissions of hazardous air pollutants. Instead, we contemplated
a source having several programs suitable for each category of
personnel, and that for control room operators and shift supervisors,
the training and certification program would certainly be of a
technical level similar to ASME QHO-1. For personnel whose activities
may reasonably be expected to directly affect emissions, the
certification may simply consist of documentation that they
successfully completed a training program commensurate with the level
of responsibility for the particular position. Personnel such as quarry
operators, raw material workers, finished product handlers, some types
of process monitoring operations, and much of the administrative staff
whose activities are not expected to directly affect emissions of
hazardous air pollutants from the source are exempted from the operator
training and certification requirements of Sec. 63.1206(c)(6).
7. Part 60, Appendix A, Method 5i, Section 12.2b--Relative Standard
Deviation (RSD) Criteria for Emissions Less Than 1 mg/dscm Are
Clarified
Part 60, appendix A, Method 5i, section 12.2b includes a graduated
precision criteria for eliminating imprecise data. Section 12.2a
includes a simplified equation for calculating the precision criteria,
called the Relative Standard Deviation, or RSD. The proposal to include
a precision criteria in Method 5i was widely endorsed.
[[Page 42296]]
The precision criteria currently state that if the average of
paired train data is greater than 10 mg/dscm, the resulting RSD must
not be greater than 10%. At a paired train data average of 1 mg/dscm,
the RSD must not be greater than 25%. Between 1 and 10 mg/dscm, the RSD
is linearly scaled from 25 to 10% based on the actual mean value
recorded. The method is silent about what the RSD is if the mean
emissions are less than 1 mg/dscm.
We intended there to be no RSD criteria if the average emissions
from the paired data trains is less than 1 mg/dscm. In other words, no
precision criteria exist and all average results less than 1 mg/dscm
are acceptable.
IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget. Because the
agency has made a ``good cause'' finding, see Section I above, that
this action is not subject to notice-and-comment requirements under the
Administrative Procedure Act or any other statute, it is not subject to
the regulatory flexibility provisions of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded
Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). In addition,
this action does not significantly or uniquely affect small governments
or impose a significant intergovernmental mandate, as described in
sections 203 and 204 of UMRA. This rule also does not significantly or
uniquely affect the communities of tribal governments, as specified by
Executive Order 13084 (63 FR 27655, May 10, 1998). This rule will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This rule also is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant.
This technical correction action does not involve technical
standards; thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). In issuing this rule, we have
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct, as required by section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630
(53 FR 8859, March 15, 1988) by examining the takings implications of
the rule in accordance with the ``Attorney General's Supplemental
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings' issued under the executive order. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Our compliance with
these statutes and Executive Orders for the underlying rule is
discussed in the September 30, 1999 Federal Register document.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
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. Section 808 allows the issuing agency to make a good
cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding, including the
reasons therefor, and established an effective date of July 10, 2000.
EPA will submit 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
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
V. Immediate Effective Date
EPA is making this rule effective immediately. The rule adopts
amendments which are purely technical in that they correct mistakes
which are clearly inconsistent with the Agency's stated intent. This
rule also clarifies ambiguities or errors in preamble statements to
help stakeholders better understand the regulations themselves. Comment
on such changes is unnecessary within the meaning of 5 U.S.C.
553(b)(3)(B). For the same reasons, there is good cause to make the
rule effective immediately pursuant to 5 U.S.C. 553 (d)(3).
List of Subjects
40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Aluminum, Ammonium sulfate plants, Batteries,
Beverages, Carbon monoxide, Cement industry, Coal, Copper, Dry
cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline, Glass
and glass products, Grains, Graphic arts industry, Heaters, Household
appliances, Insulation, Intergovernmental relations, Iron, Labeling,
Lead, Lime, Metallic and nonmetallic mineral processing plants, Metals,
Motor vehicles, Natural gas, Nitric acid plants, Nitrogen dioxide,
Paper and paper products industry, Particulate matter, Paving and
roofing materials, Petroleum, Phosphate, Plastics materials and
synthetics, Polymers, Reporting and recordkeeping requirements, Sewage
disposal, Steel, Sulfur oxides, Sulfuric acid plants, Tires, Urethane,
Vinyl, Volatile organic compounds, Waste treatment and disposal, Zinc.
40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
40 CFR Part 261
Environmental protection, Comparable fuels, Syngas fuels, Excluded
hazardous waste, Hazardous waste, Reporting and recordkeeping
requirements.
40 CFR Part 270
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Reporting and recordkeeping requirements, Water
pollution control, Water supply.
Dated: June 13, 2000.
Michael Shapiro,
Principal Deputy Assistant Administrator, Office of Solid Waste and
Emergency Response.
For the reasons set out in the preamble, title 40 of the Code of
Federal Regulations is amended as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.
[[Page 42297]]
2. Appendix A in part 60 is amended by revising paragraph 12.2(b)
in test method 5i to read as follows:
Appendix A--Test Methods
* * * * *
Method 5I--Determination of Low Level Particulate Matter Emissions From
Stationary Sources
* * * * *
12.2 * * *
b. A minimum precision criteria for Reference Method PM data is
that RSD for any data pair must be less than 10% as long as the mean PM
concentration is greater than 10 mg/dscm. If the mean PM concentration
is less than 10 mg/dscm higher RSD values are acceptable. At mean PM
concentration of 1 mg/dscm acceptable RSD for paired trains is 25%.
Between 1 and 10 mg/dscm acceptable RSD criteria should be linearly
scaled from 25% to 10%. Pairs of manual method data exceeding these RSD
criteria should be eliminated from the data set used to develop a PM
CEMS correlation or to assess RCA. If the mean PM concentration is less
than 1 mg/dscm, RSD does not apply and the mean result is acceptable.
* * * * *
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
3. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart EEE--National Emission Standards for Hazardous Air
Pollutants from Hazardous Waste Combustors
4. Section 63.1200 is amended by revising Table 1 in paragraph (b)
to read as follows:
Sec. 63.1200 Who is subject to these regulations?
* * * * *
(b) * * *
Table 1 to Sec. 63.1200.--Hazardous Waste Combustors Exempt From
Subpart EEE
------------------------------------------------------------------------
If And if Then
------------------------------------------------------------------------
(1) You are a previously (i) You ceased feeding You are no
affected source. hazardous waste for a longer subject
period of time to this subpart
greater than the (Subpart EEE).
hazardous waste
residence time (i.e.,
hazardous waste no
longer resides in the
combustion chamber);.
(ii) You have
initiated the closure
requirements of
subpart G, parts 264
or 265 of this
chapter;.
(iii) You begin
complying with the
requirements of all
other applicable
standards of this
part (Part 63); and.
(iv) You notify the
Administrator in
writing that you are
no longer an affected
source under this
subpart (Subpart EEE).
(2) You are a research, You operate for no You are not
development, and longer than one year subject to this
demonstration source. after first burning subpart
hazardous waste (Note (Subpart EEE).
that the This exemption
Administrator can applies even if
extent this one-year there is a
restriction on a case- hazardous waste
by-case basis upon combustor at
your written request the plant site
documenting when you that is
first burned regulated under
hazardous waste and this subpart.
the justification for You still,
needing additional however, remain
time to perform subject to Sec.
research, 270.65 of this
development, or chapter.
demonstration
operations.).
(3) The only hazardous wastes ...................... You are not
you burn are exempt from subject to the
regulation under Sec. requirements of
266.100(c) of this chapter. this subpart
(Subpart EEE).
------------------------------------------------------------------------
* * * * *
5. Section 63.1201 is amended by revising the definition of
Automatic waste feed cutoff (AWFCO) system in paragraph (a) to read as
follows:
Sec. 63.1201 Definitions and acronyms used in this subpart.
(a) * * *
Automatic waste feed cutoff (AWFCO) system means a system comprised
of cutoff valves, actuator, sensor, data manager, and other necessary
components and electrical circuitry designed, operated and maintained
to stop the flow of hazardous waste to the combustion unit
automatically and immediately (except as provided by
Sec. 63.1206(c)(3)(viii)) when any operating requirement is exceeded.
* * * * *
6. Section 63.1203 is amended by revising paragraphs (a)(3),
(a)(4), (a)(5)(i), and (b)(5)(i) and removing paragraph (e) to read as
follows:
Sec. 63.1203 What are the standards for hazardous waste incinerators?
(a) * * *
(3) Lead and cadmium in excess of 240 g/dscm, combined
emissions, corrected to 7 percent oxygen;
(4) Arsenic, beryllium, and chromium in excess of 97 g/
dscm, combined emissions, corrected to 7 percent oxygen;
(5) * * *
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If you elect to comply with this carbon monoxide
standard rather than the hydrocarbon standard under paragraph
(a)(5)(ii) of this section, you must also document that, during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7), hydrocarbons do not exceed 10 parts
per million by volume during those runs, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane; or
* * * * *
(b) * * *
(5) * * *
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If you elect to comply with this carbon monoxide
standard rather than the hydrocarbon standard under paragraph
(b)(5)(ii) of this section, you must also
[[Page 42298]]
document that, during the destruction and removal efficiency (DRE) test
runs or their equivalent as provided by Sec. 63.1206(b)(7),
hydrocarbons do not exceed 10 parts per million by volume during those
runs, over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane; or
* * * * *
7. Section 63.1204 is amended by revising paragraphs (a)(5)(i)(A),
(a)(5)(ii)(B), and (b)(5)(i)(A)(l) and by removing and reserving
paragraph (g) to read as follows:
Sec. 63.1204 What are the standards for hazardous waste burning cement
kilns?
(a) * * *
(5) * * *
(i) * * *
(A) Carbon monoxide in the by-pass duct or mid-kiln gas sampling
system in excess of 100 parts per million by volume, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis and corrected to 7 percent oxygen. If you
elect to comply with this carbon monoxide standard rather than the
hydrocarbon standard under paragraph (a)(5)(i)(B) of this section, you
must also document that, during the destruction and removal efficiency
(DRE) test runs or their equivalent as provided by Sec. 63.1206(b)(7),
hydrocarbons in the by-pass duct or mid-kiln gas sampling system do not
exceed 10 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
* * * * *
(ii) * * *
(B) Carbon monoxide in the main stack in excess of 100 parts per
million by volume, over an hourly rolling average (monitored
continuously with a continuous emissions monitoring system), dry basis
and corrected to 7 percent oxygen. If you elect to comply with this
carbon monoxide standard rather than the hydrocarbon standard under
paragraph (a)(5)(ii)(A) of this section, you also must document that,
during the destruction and removal efficiency (DRE) test runs or their
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons in the main
stack do not exceed 20 parts per million by volume during those runs,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis, corrected to 7
percent oxygen, and reported as propane.
* * * * *
(b) * * *
(5) * * *
(i) * * *
(A) * * *
(1) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If you elect to comply with this carbon monoxide
standard rather than the hydrocarbon standard under paragraph
(b)(5)(i)(A)(2) of this section, you also must document that, during
the destruction and removal efficiency (DRE) test runs or their
equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons do not
exceed 10 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
* * * * *
8. Section 63.1205 is amended by revising paragraph (a)(5)(i); by
redesignating paragraph (b)(5) introductory text as paragraph (b)(5)(i)
and revising it; and by removing paragraph (e), to read as follows:
Sec. 63.1205 What are the standards for hazardous waste burning
lightweight aggregate kilns?
(a) * * *
(5) * * *
(i) Carbon monoxide in excess of 100 parts per million by volume,
over an hourly rolling average (monitored continuously with a
continuous emissions monitoring system), dry basis and corrected to 7
percent oxygen. If you elect to comply with this carbon monoxide
standard rather than the hydrocarbon standard under paragraph
(a)(5)(ii) of this section, you also must document that, during the
destruction and removal efficiency (DRE) test runs or their equivalent
as provided by Sec. 63.1206(b)(7), hydrocarbons do not exceed 20 parts
per million by volume during those runs, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis, corrected to 7 percent oxygen, and reported as propane; or
* * * * *
(b) * * *
(5) Carbon monoxide and hydrocarbons. (i) Carbon monoxide in excess
of 100 parts per million by volume, over an hourly rolling average
(monitored continuously with a continuous emissions monitoring system),
dry basis and corrected to 7 percent oxygen. If you elect to comply
with this carbon monoxide standard rather than the hydrocarbon standard
under paragraph (b)(5)(ii) of this section, you also must document
that, during the destruction and removal efficiency (DRE) test runs or
their equivalent as provided by Sec. 63.1206(b)(7), hydrocarbons do not
exceed 20 parts per million by volume during those runs, over an hourly
rolling average (monitored continuously with a continuous emissions
monitoring system), dry basis, corrected to 7 percent oxygen, and
reported as propane; or
* * * * *
9. Section 63.1206 is amended by revising paragraph (b)(5)(i)
introductory text, (b)(5)(i)(C)(1), (b)(5)(iii), and (c)(6)(i) to read
as follows:
Sec. 63.1206 When and how must you comply with the standards and
operating requirements?
* * * * *
(b) * * *
(5) Changes in design, operation, or maintenance. (i) Changes that
may adversely affect compliance. If you plan to change (as defined in
paragraph (b)(5)(iii) of this section) the design, operation, or
maintenance practices of the source in a manner that may adversely
affect compliance with any emission standard that is not monitored with
a CEMS:
* * * * *
(C) * * *
(1) Except as provided by paragraph (b)(5)(i)(C)(2) of this
section, after the change and prior to submitting the notification of
compliance, you must not burn hazardous waste for more than a total of
720 hours (renewable at the discretion of the Administrator) and only
for the purposes of pretesting or comprehensive performance testing.
Pretesting is defined at Sec. 63.1207(h)(2)(i) and (ii).
* * * * *
(iii) Definition of ``change.'' For purposes of paragraph (b)(5) of
this section, ``change'' means any change in design, operation, or
maintenance practices that were documented in the comprehensive
performance test plan, Notification of Compliance, or startup,
shutdown, and malfunction plan.
* * * * *
(c) * * *
[[Page 42299]]
(6) Operator training and certification. (i) You must establish
training programs for all categories of personnel whose activities may
reasonably be expected to directly affect emissions of hazardous air
pollutants from the source. Such persons include, but are not limited
to, chief facility operators, control room operators, continuous
monitoring system operators, persons that sample and analyze
feedstreams, persons that manage and charge feedstreams to the
combustor, persons that operate emission control devices, and ash and
waste handlers. Each training program shall be of a technical level
commensurate with the person's job duties specified in the training
manual. Each commensurate training program shall require an examination
to be administered by the instructor at the end of the training course.
Passing of this test shall be deemed the ``certification'' for
personnel, except that for control room operators and shift
supervisors, the training and certification program shall be as
specified in paragraphs (c)(6)(iii) and (iv) of this section.
* * * * *
10. Section 63.1207 is amended by revising paragraphs
(f)(1)(ii)(A), (f)(1)(ii)(B), (f)(1)(ix), (f)(1)(x), (f)(1)(xi),
(f)(1)(xii), (h)(2) introductory text, and (j)(1)(i); redesignating
paragraph (f)(1)(xiii) as (f)(1)(xxvi); and adding paragraphs
(f)(1)(xiii) through (f)(1)(xxv), to read as follows:
Sec. 63.1207 What are the performance testing requirements?
* * * * *
(f) * * *
(1) * * *
(ii) * * *
(A) An identification of such organic hazardous air pollutants that
are present in the feedstream, except that you need not analyze for
organic hazardous air pollutants that would reasonably not be expected
to be found in the feedstream. You must identify any constituents you
exclude from analysis and explain the basis for excluding them. You
must conduct the feedstream analysis according to Sec. 63.1208(b)(8).;
(B) An approximate quantification of such identified organic
hazardous air pollutants in the feedstreams, within the precision
produced by the analytical procedures of Sec. 63.1208(b)(8); and
* * * * *
(ix) A determination of the hazardous waste residence time as
required by Sec. 63.1206(b)(11);
(x) If you are requesting to extrapolate metal feedrate limits from
comprehensive performance test levels under Secs. 63.1209(l)(1)(i) or
63.1209(n)(2)(ii))(A):
(A) A description of the extrapolation methodology and rationale
for how the approach ensures compliance with the emission standards;
(B) Documentation of the historical range of normal (i.e., other
than during compliance testing) metals feedrates for each feedstream;
(C) Documentation that the level of spiking recommended during the
performance test will mask sampling and analysis imprecision and
inaccuracy to the extent that extrapolation of feedrates and emission
rates from performance test data will be as accurate and precise as if
full spiking were used;
(xi) If you do not continuously monitor regulated constituents in
natural gas, process air feedstreams, and feedstreams from vapor
recovery systems under Sec. 63.1209(c)(5), you must include
documentation of the expected levels of regulated constituents in those
feedstreams;
(xii) Documentation justifying the duration of system conditioning
required to ensure the combustor has achieved steady-state operations
under performance test operating conditions, as provided by paragraph
(g)(1)(iii) of this section;
(xiii) For cement kilns with in-line raw mills, if you elect to use
the emissions averaging provision of Sec. 63.1204(d), you must notify
the Administrator of your intent in the initial (and subsequent)
comprehensive performance test plan, and provide the information
required under Sec. 63.1204(d)(ii)(B).
(xiv) For preheater or preheater/precalciner cement kilns with dual
stacks, if you elect to use the emissions averaging provision of
Sec. 63.1204(e), you must notify the Administrator of your intent in
the initial (and subsequent) comprehensive performance test plan, and
provide the information required under Sec. 63.1204(e)(2)(iii)(A).
(xv) For incinerators and lightweight aggregate kilns equipped with
a baghouse, you must submit the baghouse operation and maintenance plan
required under Sec. 63.1206(c)(7)(ii) with the initial comprehensive
performance test plan.
(xvi) If you are not required to conduct performance testing to
document compliance with the mercury, semivolatile metal, low volatile
metal, or hydrochloric acid/chlorine gas emission standards under
paragraph (m) of this section, you must include with the comprehensive
performance test plan documentation of compliance with the provisions
of that section.
(xvii) If you propose to use a surrogate for measuring or
monitoring gas flowrate, you must document in the comprehensive
performance test plan that the surrogate adequately correlates with gas
flowrate, as required by paragraph (m)(7) of this section, and
Sec. 63.1209(j)(2), (k)(3), (m)(2)(i), (m)(5)(i), and (o)(2)(i).
(xviii) You must submit an application to request alternative
monitoring under Sec. 63.1209(g)(1) not later than with the
comprehensive performance test plan, as required by
Sec. 63.1209(g)(1)(iii)(A).
(xix) You must document the temperature location measurement in the
comprehensive performance test plan, as required by
Secs. 63.1209(j)(1)(i) and 63.1209(k)(2)(i).
(xx) If your source is equipped with activated carbon injection,
you must document in the comprehensive performance test plan:
(A) The manufacturer specifications for minimum carrier fluid
flowrate or pressure drop, as required by Sec. 63.1209(k)(6)(ii); and
(B) Key parameters that affect carbon adsorption, and the operating
limits you establish for those parameters based on the carbon used
during the performance test, if you elect not to specify and use the
brand and type of carbon used during the comprehensive performance
test, as required by Sec. 63.1209(k)(6)(iii).
(xxi) If your source is equipped with a carbon bed system, you must
include in the comprehensive performance test plan:
(A) A recommended schedule for conducting a subsequent performance
test to document compliance with the dioxin/furan and mercury emission
standards if you use manufacturer specifications rather than actual bed
age at the time of the test to establish the initial limit on bed age,
as required by Sec. 63.1209(k)(7)(i)(C); and
(B) Key parameters that affect carbon adsorption, and the operating
limits you establish for those parameters based on the carbon used
during the performance test, if you elect not to specify and use the
brand and type of carbon used during the comprehensive performance
test, as required by Sec. 63.1209(k)(7)(ii).
(xxii) If you feed a dioxin/furan inhibitor into the combustion
system, you must document in the comprehensive performance test plan
key parameters that affect the effectiveness of the inhibitor, and the
operating limits you establish for those parameters based on the
inhibitor fed during the performance test, if you elect not to specify
and use the brand and
[[Page 42300]]
type of inhibitor used during the comprehensive performance test, as
required by Sec. 63.1209(k)(9)(ii).
(xxiii) If your source is equipped with a wet scrubber and you
elect to monitor solids content of the scrubber liquid manually but
believe that hourly monitoring of solids content is not warranted, you
must support an alternative monitoring frequency in the comprehensive
performance test plan, as required by Sec. 63.1209(m)(1)(i)(B)(1)(i).
(xxiv) If your source is equipped with a particulate matter control
device other than a wet scrubber, baghouse, or electrostatic
precipitator, you must include in the comprehensive performance test
plan:
(A) Documentation to support the operating parameter limits you
establish for the control device, as required by
Sec. 63.1209(m)(1)(iv)(A)(4); and
(B) Support for the use of manufacturer specifications if you
recommend such specifications in lieu of basing operating limits on
performance test operating levels, as required by
Sec. 63.1209(m)(1)(iv)(D).
(xxv) If your source is equipped with a dry scrubber to control
hydrochloric acid and chlorine gas, you must document in the
comprehensive performance test plan key parameters that affect
adsorption, and the limits you establish for those parameters based on
the sorbent used during the performance test, if you elect not to
specify and use the brand and type of sorbent used during the
comprehensive performance test, as required by
Sec. 63.1209(o)(4)(iii)(A); and
* * * * *
(h) * * *
(2) Current operating parameter limits are also waived during
pretesting prescribed in the approved test plan prior to comprehensive
performance testing for an aggregate time not to exceed 720 hours of
operation (renewable at the discretion of the Administrator).
Pretesting means:
* * * * *
(j) * * *
(1) * * *
(i) Within 90 days of completion of a comprehensive performance
test, you must postmark a Notification of Compliance documenting
compliance or noncompliance with the emission standards and continuous
monitoring system requirements, and identifying operating parameter
limits under Sec. 63.1209.
* * * * *
11. Section 63.1209 is amended by revising the word ``standards''
in the first sentence of paragraph (a)(7) to read ``standard'' and by
revising paragraphs (a)(1)(i), (a)(1)(iii), (a)(6)(iii)(A), (b)(2)
introductory text, (l)(1), (l)(3), (l)(4), (m)(3), (n)(2)(i)(A), (B)
and (C), (n)(4), and (o)(1) to read as follows:
Sec. 63.1209 What are the monitoring requirements?
(a) * * *
(1)(i) You must use either a carbon monoxide or hydrocarbon CEMS to
demonstrate and monitor compliance with the carbon monoxide and
hydrocarbon standard under this subpart. You must also use an oxygen
CEMS to continuously correct the carbon monoxide or hydrocarbon level
to 7 percent oxygen.
* * * * *
(iii) You must install, calibrate, maintain, and operate a
particulate matter CEMS to demonstrate and monitor compliance with the
particulate matter standards under this subpart. However, compliance
with the requirements in this section to install, calibrate, maintain
and operate the PM CEMS is not required until such time that the Agency
promulgates all performance specifications and operational requirements
applicable to PM CEMS.
* * * * *
(6) * * *
(iii) Calculation of rolling averages when the hazardous waste feed
is cutoff. (A) Except as provided by paragraph (a)(6)(iii)(B) of this
section, you must continue monitoring carbon monoxide and hydrocarbons
when the hazardous waste feed is cutoff if the source is operating. You
must not resume feeding hazardous waste if the emission levels exceed
the standard.
* * * * *
(b) * * *
(2) Except as specified in paragraphs (b)(2)(i) and (ii) of this
section, you must install and operate continuous monitoring systems
other than CEMS in conformance with Sec. 63.8(c)(3) that requires you,
at a minimum, to comply with the manufacturer's written specifications
or recommendations for installation, operation, and calibration of the
system:
* * * * *
(l) * * *
(1) Feedrate of total mercury. You must establish a 12-hour rolling
average limit for the total feedrate of mercury in all feedstreams as
the average of the test run averages, unless mercury feedrate limits
are extrapolated from performance test feedrate levels under the
following provisions.
* * * * *
(3) Activated carbon injection. If your combustor is equipped with
an activated carbon injection system, you must establish operating
parameter limits prescribed by paragraph (k)(6) of this section.
(4) Activated carbon bed. If your combustor is equipped with a
carbon bed system, you must establish operating parameter limits
prescribed by paragraph (k)(7) of this section.
* * * * *
(m) * * *
(3) Maximum ash feedrate. Owners and operators of hazardous waste
incinerators must establish a maximum ash feedrate limit as the average
of the test run averages.
* * * * *
(n) * * *
(2) * * *
(i) * * *
(A) You must establish a 12-hour rolling average limit for the
feedrate of cadmium and lead, combined, in all feedstreams as the
average of the test run averages;
(B) You must establish a 12-hour rolling average limit for the
feedrate of arsenic, beryllium, and chromium, combined, in all
feedstreams as the average of the test run averages; and
(C) You must establish a 12-hour rolling average limit for the
feedrate of arsenic, beryllium, and chromium, combined, in all pumpable
feedstreams as the average of the test run averages. Dual feedrate
limits for both pumpable and total feedstreams are not required,
however, if you base the total feedrate limit solely on the feedrate of
pumpable feedstreams.
* * * * *
(4) Maximum total chlorine and chloride feedrate. You must
establish a 12-hour rolling average limit for the feedrate of total
chlorine and chloride in all feedstreams as the average of the test run
averages.
* * * * *
(o) * * *
(1) Feedrate of total chlorine and chloride. You must establish a
12-hour rolling average limit for the total feedrate of chlorine
(organic and inorganic) in all feedstreams as the average of the test
run averages.
* * * * *
12. Section 63.1210 is amended by revising paragraphs (b)(1)(iv)
introductory text and (c)(2) to read as follows:
Sec. 63.1210 What are the notification requirements?
* * * * *
(b) * * *
(1) * * *
[[Page 42301]]
(iv) If you do not intend to comply, but will not stop burning
hazardous waste by October 1, 2001, a certification that:
* * * * *
(c) * * *
(2) You must submit a summary of the meeting, along with the list
of attendees and their addresses, developed under paragraph (c)(1) of
this section, and copies of any written comments or materials submitted
at the meeting, to the Administrator as part of the final NIC, in
accordance with paragraph (b)(1)(iii) of this section.
* * * * *
13. Section 63.1211 is amended by revising the table in paragraph
(c) to read as follows:
Sec. 63.1211 What are the recordkeeping and reporting requirements?
* * * * *
(c) * * *
------------------------------------------------------------------------
Reference Document, data, or information
------------------------------------------------------------------------
63.1201(a), 63.10(b) and (c). General. Information required to document
and maintain compliance with the
regulations of this Subpart EEE,
including data recorded by continuous
monitoring systems (CMS), and copies of
all notifications, reports, plans, and
other documents submitted to the
Administrator.
63.1211(d)................... Documentation of compliance.
63.1206(c)(3)(vii)........... Documentation and results of the
automatic waste feed cutoff operability
testing.
63.1209(c)(2)................ Feedstream analysis plan.
63.1204(d)(3)................ Documentation of compliance with the
emission averaging requirements for
cement kilns with in-line raw mills.
63.1204(e)(3)................ Documentation of compliance with the
emission averaging requirements for
preheater or preheater/precalciner kilns
with dual stacks.
63.1206(b)(1)(ii)(B)......... If you elect to comply with all
applicable requirements and standards
promulgated under authority of the Clean
Air Act, including Sections 112 and 129,
in lieu of the requirements of this
Subpart EEE when not burning hazardous
waste, you must document in the
operating record that you are in
compliance with those requirements.
63.1206(c)(2)................ Startup, shutdown, and malfunction plan.
63.1206(c)(3)(v)............. Corrective measures for any automatic
waste feed cutoff that results in an
exceedance of an emission standard or
operating parameter limit.
63.1206(c)(4)(ii)............ Emergency safety vent operating plan.
63.1206(c)(4)(iii)........... Corrective measures for any emergency
safety vent opening.
63.1206(c)(5)(ii)............ Method used for control of combustion
system leaks.
63.1206(c)(6)................ Operator training and certification
program.
63.1206(c)(7)(i)(D).......... Operation and maintenance plan.
63.1209(k)(6)(iii), Documentation that a substitute activated
63.1209(k)(7)(ii), carbon, dioxin/furan formation reaction
63.1209(k)(9)(ii), inhibitor, or dry scrubber sorbent will
63.1209(o)(4)(iii). provide the same level of control as the
original material.
------------------------------------------------------------------------
* * * * *
14. Section 63.1212 is amended by revising paragraphs (a)(2),
(b)(1), and (b)(2) introductory text to read as follows:
Sec. 63.1212 What are the other requirements pertaining to the NIC and
associated progress reports?
(a) * * *
(2) An authorized representative is the same as a ``responsible
official'' as defined under Sec. 63.2.
(b) * * *
(1) If you begin to burn hazardous waste after September 30, 1999
but prior to June 30, 2000 you must comply with the requirements of
Secs. 63.1206(a)(3), 63.1210(b) and (c), 63.1211(b), and paragraph (a)
of this section, and associated time frames for public meetings and
document submittals.
(2) If you intend to begin burning hazardous waste after June 30,
2000 you must comply with the requirements of Secs. 63.1206(a)(3),
63.1210(b) and (c), 63.1211(b), and paragraph (a) of this section prior
to burning hazardous waste. In addition:
* * * * *
15. The appendix to subpart EEE of part 63 is amended by revising
sections 1.1, and 2.8, redesignating sections c and d as 3 and 4,
respectively, by revising the header for section 5, and by revising
section 6.5.1 to read as follows:
Appendix to Subpart EEE of Part 63--Quality Assurance Procedures
for Continuous Emissions Monitors Used for Hazardous Waste
Combustors
* * * * *
1.1 Applicability. These quality assurance requirements are used
to evaluate the effectiveness of quality control (QC) and quality
assurance (QA) procedures and the quality of data produced by
continuous emission monitoring systems (CEMS) that are used for
determining compliance with the emission standards on a continuous
basis as specified in the applicable regulation. The QA procedures
specified by these requirements represent the minimum requirements
necessary for the control and assessment of the quality of CEMS data
used to demonstrate compliance with the emission standards provided
under this subpart EEE of part 63. Owners and operators must meet these
minimum requirements and are encouraged to develop and implement a more
extensive QA program. These requirements supersede those found in part
60, Appendix F, of this chapter. Appendix F does not apply to hazardous
waste-burning devices.
* * * * *
2.8 Rolling Average. The average emissions, based on some
(specified) time period, calculated every minute from a one-minute
average of four measurements taken at 15-second intervals.
* * * * *
5. Performance Evaluation for CO, O2, and HC CEMS
* * * * *
6.5.1 One-Minute Average for CO and HHC CEMS. One-minute averages
are the arithmetic average of the four most recent 15-second
observations and must be calculated using the following equation:
[GRAPHIC][TIFF OMITTED]TR10JY00.004
Where:
c = the one minute average
ci = a fifteen-second observation from the CEM
Fifteen second observations must not be rounded or smoothed.
Fifteen-second observations may be disregarded only as a result of a
failure in the CEMS and allowed in the source's quality
[[Page 42302]]
assurance plan at the time of the CEMS failure. One-minute averages
must not be rounded, smoothed, or disregarded.
* * * * *
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
16. The authority citation for part 261 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938.
17. Section 261.38 is amended by adding paragraph (c)(2)(iv) to
read as follows:
Sec. 261.38 Comparable/Syngas Fuel Exclusion.
* * * * *
(c) * * *
(2) * * *
(iv) Gas turbines used to produce electric power, steam, heated or
cooled air, or other gases or fluids for sale.
* * * * *
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE
PERMIT PROGRAM
18. The authority citation for part 270 continues to read as
follows:
Authority: 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and
6974.
19. Section 270.42 is amended by revising paragraph (j)(1) to read
as follows:
Sec. 270.42 Permit modification at the request of the permittee.
* * * * *
(j) * * *
(1) Facility owners or operators must comply with the Notification
of Intent to Comply (NIC) requirements of 40 CFR 63.1210(b) and (c)
before a permit modification can be requested under this section.
* * * * *
[FR Doc. 00-16515 Filed 7-7-00; 8:45 am]
BILLING CODE 6560-50-P