[Federal Register Volume 66, Number 134 (Thursday, July 12, 2001)]
[Proposed Rules]
[Pages 36547-36548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17331]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-7010-2]
RIN A2060-AJ51


Standards of Performance for Large Municipal Waste Combustors for 
Which Construction Is Commenced After September 20, 1994 or for Which 
Modification or Reconstruction Is Commenced After June 19, 1996 and 
Emissions Guidelines and Compliance Times for Large Municipal Waste 
Combustors That are Constructed On or Before September 20, 1994

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendment.

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

SUMMARY: We are proposing to amend the standards of performance for 
large municipal waste combustors (MWC) by expanding the definition of 
mass burn rotary waterwall municipal waste combustors to include mass 
burn tumbling-tile grate waterwall municipal waste combustors. This 
change ensures that the same emission limit is established for both 
types of MWC designs since they exhibit similar combustion 
characteristics. Since the emissions guidelines for large municipal 
waste combustors reference the definitions included in the standards of 
performance, this amendment to the standards has the effect of amending 
both the standards and the guidelines.
    In the Rules and Regulations section of this Federal Register, we 
are making this amendment in a direct final rule, without prior 
proposal, because we view this revision as noncontroversial, and we 
anticipate no significant adverse comments. We have explained our 
reasons for this amendment in the preamble to the direct final rule.
    If we receive no significant adverse comments, we will take no 
further action on this proposed rule. If an adverse comment applies to 
an amendment, paragraph, or section of the rule, and that provision may 
be addressed separately from the remainder of the rule, we will 
withdraw only those provisions on which we received adverse comments. 
We will publish a timely withdrawal in the Federal Register indicating 
which provisions will become effective and which provisions are being 
withdrawn.

DATES: Comments. Submit comments on or before August 13, 2001.
    Public Hearing. If anyone contacts us requesting to speak at a 
public hearing by August 1, 2001, we will hold a public hearing on 
August 13, 2001. Persons interested in attending the hearing should 
call Mrs. Kelly Hayes at (919) 541-5578 to verify that a hearing will 
be held.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in 
duplicate if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention Docket Number A-90-45, Subcategory IX-D, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. In person or by courier, deliver comments (in 
duplicate if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention Docket Number A-90-45, Subcategory IX-D, U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460. The EPA requests that a separate copy of each public comment be 
sent to the contact person listed below.
    Public Hearing. If a public hearing is held, it will be held at 
10:00 a.m. in our Office of Administration Auditorium, Research 
Triangle Park, North Carolina, or at an alternate site nearby.
    Docket. Docket No. A-90-45 contains supporting information used in 
developing the standards and guidelines. The docket is located at the 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460 in room M-1500, Waterside Mall (ground floor), and may be 
inspected from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding 
legal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Fred Porter, Combustion Group, 
Emission Standards Division (MD-13), U.S. EPA, Research Triangle Park, 
North Carolina 27711; telephone number (919) 541-5251; facsimile number 
(919) 541-5450; electronic mail address [email protected].

SUPPLEMENTARY INFORMATION: Comments. Comments and data may be submitted 
by electronic mail (e-mail) to: [email protected]. Electronic 
comments must be submitted as an ASCII file to avoid the use of special 
characters and encryption problems and will also be accepted on disks 
in WordPerfect'' version 5.1, 6.1 or Corel 8 file format. All 
comments and data submitted in electronic form must note the docket 
number A-90-45. No confidential business information (CBI) should be 
submitted by e-mail. Electronic comments may be filed online at many 
Federal Depository Libraries.
    Commenters wishing to submit propriety information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
propriety information directly to the following address, and not to the 
public docket, to ensure that propriety information is not 
inadvertently placed in the docket: Attention: Mr. Roberto Morales, 
U.S. EPA, OAQPS Document Control Officer, 411 W. Chapel Hill Street, 
Room 740, Durham NC 27701. The EPA will disclose information identified 
as CBI only to the extent allowed by the procedures set forth in 40 CFR 
part 2. If no claim of confidentiality accompanies a submission when it 
is received by the EPA, the information may be made available to the 
public without further notice to the commenter.
    Docket. The docket is an organized and complete file of information 
compiled by EPA in development of this rulemaking. The docket is a 
dynamic file because material is added throughout the rulemaking 
process. The docketing system is intended to allow members of the 
public and industries involved to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the proposed and promulgated standards and their preambles, 
the docket contains the record in the case of judicial review. The 
docket number for this rulemaking is A-90-45, which contains supporting 
information used in developing the standards and guidelines. An index 
for each docket, as well as individual items contained within the 
dockets, may be obtained by calling (202) 260-7548 or (202) 260-7549. A 
reasonable fee may be charged for copying docket materials. Docket 
indexes are also available by facsimile, as described on the Office of 
Air and Radiation, Docket and Information Center Website at http://www.epa.gov/airprogm/oar/docket/faxlist.html.
    World Wide Web. In addition to being available in the docket, an 
electronic copy of today's action will be posted on the Technology 
Transfer Network's (TTN) policy and guidance information page http://
www/epa/gov/ttn/caaa. The TTN provides information and technology 
exchange in various areas of

[[Page 36548]]

air pollution control. If more information regarding the TTN is needed, 
call the TTN HELP line at (919) 541-5384.
    Regulated Entities. The regulated categories and entities that 
potentially will be affected by this amendment include the following:

----------------------------------------------------------------------------------------------------------------
                   Category                     NAICS codes   SIC codes             Regulated entities
----------------------------------------------------------------------------------------------------------------
Industry, Federal government, and State/local/       562213         4953  Solid waste combustors or incinerators
 tribal governments.                                  92411         9511   at waste-to-energy facilities that
                                                                           generate electricity or steam from
                                                                           the combustion of garbage (typically
                                                                           municipal waste); and solid waste
                                                                           combustors or incinerators at
                                                                           facilities that combust garbage
                                                                           (typically municipal waste) and do
                                                                           not recover energy from the waste.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that we are now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility, company, business, organization, etc., is regulated by 
this action, you should carefully examine the applicability criteria in 
Secs. 60.50b and 60.32b of the rules. If you have questions regarding 
the applicability of this action to a particular entity, consult the 
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

What Are the Administrative Requirements for This Action?

    For a complete discussion of all of the administrative requirements 
applicable to this action see the parallel direct final rule in the 
Rules and Regulations section of this Federal Register.

Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedures Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on 
small entities, small entity is defined as: (1) a small business in the 
regulated industry that has a gross annual revenue less than $6 
million; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; or (3) a small organization that is any 
not-for-profit enterprise that is independently owned and operated and 
is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule will not impose any requirements on small entities 
because it does not impose any additional regulatory requirements.
    For additional information, see the direct final rule published in 
the Rules and Regulations section of this Federal Register publication.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: July 3, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-17331 Filed 7-11-01; 8:45 am]
BILLING CODE 6560-50-P