[Federal Register Volume 66, Number 59 (Tuesday, March 27, 2001)]
[Rules and Regulations]
[Pages 16605-16606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7398]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-6939-9]
RIN 2060-AF91


Standards of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources: Commercial and Industrial Solid Waste 
Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: Final standards and guidelines for new commercial and 
industrial solid waste incineration units were promulgated on December 
1, 2000 (65 FR 75338). Table 1 to Subpart CCCC--Emission Limitations 
(65 FR 75360) inadvertently omitted two emission limits (cadmium and 
carbon monoxide). As a result, we are republishing Table 1.

EFFECTIVE DATE: March 27, 2001.
    Docket. Docket No. A-94-63 contains the supporting information used 
in developing the final standards and guidelines and is available for 
public inspection and copying between 8 a.m. and 5:30 p.m., Monday 
through Friday, at the Air and Radiation Docket and Information Center, 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460, telephone (202) 260-7548, fax (202) 260-4000. The docket is 
available at the above address in Room M-1500, Waterside Mall (ground 
floor, central mall). A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Fred Porter, Combustion Group, 
Emission Standards Division (MD-13), U.S. EPA, Research Triangle Park, 
North Carolina 27711, (919) 541-5251, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

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 
we have made a ``good cause'' finding 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 action also does not significantly or uniquely affect 
the communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). On January 1, 2001, Executive Order 
13084 was superseded by Executive Order 13175; however, this rule was 
developed during the period when Executive Order 13084 was still in 
force, and so tribal considerations were addressed under Executive 
Order 13084. This action 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 action also is not subject to 
Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not 
economically significant.
    This 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. This action 
also does not involve special consideration of environmental justice 
related issues as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994). In taking this action, 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). We have complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of this action 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 action does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.). The EPA's compliance with these 
statutes and Executive Orders for the underlying standards and 
guidelines is discussed in the December 1, 2000, Federal Register 
notice promulgating the final standards and guidelines (65 FR 75338).
    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 rule effective sooner than otherwise provided by the 
Congressional Review Act if the agency makes 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, we have made such a 
good cause finding, including the reasons therefore. The EPA will 
submit a report containing this action 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 
rules in the Federal Register. This action is not a ``major rule'' as 
defined by 5 U.S.C. 804(a).

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Carbon monoxide, 
Metals, Nitrogen dioxide, Particulate matter, Sulfur oxides, Waste 
treatment and disposal.

    Dated: January 19, 2001.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.

    For the reasons stated in the preamble, title 40, chapter I, part 
60 of the Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.

[[Page 16606]]


    2. Subpart CCCC is amended by revising Table 1 to read as follows:

                                 Table 1 to Subpart CCCC.--Emission Limitations
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                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                        emission  limitation a            time                    method
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Cadmium..............................  0.004 milligrams per     3-run average (1 hour    Performance test
                                        dry standard cubic       minimum sample time      (Method 29 of appendix
                                        meter.                   per run).                A of this part).
Carbon monoxide......................  157 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 10, 10A, or
                                                                 per run).                10B of appendix A of
                                                                                          this part).
Dioxins/furans (toxic equivalency      0.41 nanograms per dry   3-run average (1 hour    Performance test
 basis).                                standard cubic meter.    minimum sample time      (Method 23 of Appendix
                                                                 per run).                A of this part).
Hydrogen chloride....................  62 parts per million by  3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 26A of
                                                                 per run).                appendix A of this
                                                                                          part).
Lead.................................  0.04 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Mercury..............................  0.47 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Opacity..............................  10 percent.............  6-minute averages......  Performance test
                                                                                          (Method 9 of appendix
                                                                                          A of this part).
Oxides of nitrogen...................  388 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 7, 7A, 7C, 7D,
                                                                 per run).                or 7E of appendix A of
                                                                                          this part).
Particulate matter...................  70 milligrams per dry    3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 5 or 29 of
                                                                 per run).                appendix A of this
                                                                                          part).
Sulfur dioxide.......................  20 parts per million by  3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A of this
                                                                                          part.
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a All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.

[FR Doc. 01-7398 Filed 3-26-01; 8:45 am]
BILLING CODE 6560-50-M