[Federal Register Volume 67, Number 244 (Thursday, December 19, 2002)]
[Rules and Regulations]
[Pages 77687-77692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31903]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 63 and 270

[FRL-7424-2]
RIN 2050-AE79


NESHAP: Standards for Hazardous Air Pollutants for Hazardous 
Waste Combustors-Corrections

AGENCY: Environmental Protection Agency (EPA).

ACTION: Technical correction.

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SUMMARY: On September 30, 1999, EPA promulgated regulations to control 
emissions of hazardous air pollutants from incinerators, cement kilns 
and lightweight aggregate kilns that burn hazardous wastes. EPA 
subsequently promulgated three rules that revised these regulations: a 
Direct Final Rule published on July 3, 2001, an Interim Standards Rule 
published on February 13, 2002, and a Final Amendments Rule published 
on February 14, 2002. In today's action, we are correcting technical 
errors in those regulations.

EFFECTIVE DATE: This rule is effective on December 19, 2002.

FOR FURTHER INFORMATION CONTACT: For general information, call the RCRA 
Call Center 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 Call Center is open 
Monday-Friday, 9 am to 4 pm, Eastern Standard Time. For more 
information about this technical correction, contact Michael Galbraith 
at 703-605-0567, or [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Are the Reasons and Basis for Today's Corrections?
II. What Corrections Are We Making to the Standards?
    A. Sources that Comply Early Are Not Required to Submit the NOC 
within 90 Days of Completing the Comprehensive Performance Test
    B. Conforming Change to the Hydrochloric Acid and Chlorine Gas 
Emission Standard for New Lightweight Aggregate Kilns
    C. Conforming Change to Delete the Minimum Power Requirement for 
Ionizing Wet Scrubbers
    D. Conforming Change to Delete the Requirement to Include a 
Carbon Bed Testing Schedule in the Performance Test Plan
    E. Conforming Changes to the Combustion System Leak Requirement
    F. Conforming Changes to the Compliance Date Extension 
Requirements
    G. Conforming Changes to the RCRA Permitting Requirements
    H. Conforming Change to the Limit on Waste Feedrate for 
Compliance with the D/F Emission Standard
    I. Conforming Change to the Limit on Maximum Ash Feedrate for 
Incinerators
    J. Conforming Change to the Sampling and Analysis Requirements
III. Good Cause Exemption
IV. Rationale for Immediate Effective Date
V. Analytic and Regulatory Requirements

I. What Are the Reasons and Basis for Today's Corrections?

    The Agency has received comments from the regulated community and 
States requesting clarification of certain aspects of the September 30, 
1999 Rule (64 FR 52828) as revised by three subsequent rules: the July 
3, 2001 Direct Final Rule (66 FR 35087), the February 13, 2002 Interim 
Standards Rule (67 FR 6792), and the February 14, 2002 Final Amendments 
Rule (67 FR 6968). Today's technical corrections respond to these 
comments.

II. What Corrections Are We Making to the Standards?

A. Sources That Comply Early Are Not Required To Submit the NOC Within 
90 Days of Completing the Comprehensive Performance Test

    In the July 3, 2001 Direct Final Rule, we revised the 1999 rule to 
encourage early compliance with the regulations. See 66 FR at 35098. We 
indicated that, in developing the 1999 rule, we did not consider 
situations where sources would conduct performance testing prior to the 
compliance date. Sources may choose to test prior to the compliance 
date for reasons including: (1) To begin complying with the regulations 
prior to the compliance date; (2) to coordinate RCRA and CAA testing; 
or (3) to ensure compliance with the requirement to commence the test 
not later than six months after the compliance date. In the Direct 
Final Rule, we eliminated two impediments

[[Page 77688]]

to early compliance: (1) The requirement to stop burning hazardous 
waste for sources that fail the initial comprehensive performance test 
if the test is conducted prior to the compliance date; and (2) the 
requirement for the Documentation of Compliance for sources that submit 
the Notification of Compliance (NOC) prior to the compliance date.
    We intended to eliminate a third impediment for sources that 
conduct the comprehensive performance test prior to the compliance date 
(since the purpose of the amendments was to remove impediments to early 
compliance): The requirement to submit the NOC within 90 days of 
completion of the performance test. The deadline for submitting the NOC 
is intended to require sources to document compliance with the emission 
standards as quickly as possible after the compliance date. The 
deadline is not necessary for sources that intend to comply early. We 
inadvertently included that amendment in a proposed Final Amendments 
Rule, also published on July 3, 2001 (66 FR 35126), rather than the 
Direct Final Rule. See proposed revisions to Sec.  63.1207(j)(1)(i) and 
(j)(5), 66 FR at 35153. We also inadvertently did not provide preamble 
language discussing that regulatory change in the proposed amendments.
    We are not amending the rule exactly as we proposed, however. We 
conclude that we need to revise the proposed regulatory language even 
though we did not receive adverse comment. Although we intended the 
waiver of the requirement (to submit the NOC within 90 days of 
completing the initial comprehensive performance test) to apply only to 
sources that comply early, the proposed regulatory language 
inadvertently did not restrict eligibility to early compliers. 
Accordingly, we have revised the amendment to require that a source 
that conducts the performance test prior to the compliance date, and 
that takes advantage of the waiver of the requirement to submit the NOC 
within 90 days of completing the test, must nonetheless submit the NOC 
by the compliance date or 90 days after completing the test, whichever 
is later. This provision ensures that sources using the waiver will 
begin complying with the emission standards using operating parameter 
limits documented by a performance test well before the regulatory 
deadline.\1\
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    \1\ Sources are required to: (1) Begin the initial comprehensive 
performance test not later than six months after the compliance 
date; (2) to complete testing within 60 days; and (3) to submit the 
NOC within 90 days of completing the testing. Upon postmark of the 
NOC, sources must begin complying with the operating parameter 
limits demonstrated during the performance test.
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    We have apprised key stakeholders of our intent to correct the 
standard to include this amendment, and did not receive adverse 
comment. Accordingly, we are amending Sec.  63.1207(j) by revising 
(j)(1)(i) and adding (j)(5), consistent with this preamble discussion.

B. Conforming Change to the Hydrochloric Acid and Chlorine Gas Emission 
Standard for New Lightweight Aggregate Kilns

    In the Interim Standards Rule, we explained that we were revising 
the hydrochloric acid/chlorine gas standard for new lightweight 
aggregate kilns to be 600 ppmv. See 67 FR at 6797. We failed, however, 
to make the corresponding change to the regulation. Therefore, in 
today's action, we are revising the regulation at Sec.  63.1205(b)(6) 
to include the correct standard of 600 ppmv for hydrochloric acid/
chlorine gas.

C. Conforming Change To Delete the Minimum Power Requirement for 
Ionizing Wet Scrubbers

    In the Interim Standards Rule, we deleted the limit on minimum 
total power to an ionizing wet scrubber required under Sec.  
63.1209(m)(1)(i)(D). The limit was intended to ensure compliance with 
the particulate matter standard. We determined, however, that a limit 
on total power may not ensure that the removal efficiency will be 
maintained for a multistage ionizing wet scrubber. We explained that 
until we evaluate other compliance alternatives and promulgate new 
requirements, sources and permit officials should use the alternative 
monitoring provisions of Sec.  63.1209(g) to identify appropriate 
compliance assurance controls for ionizing wet scrubbers on a site-
specific basis. See 67 FR at 6802. Although we deleted the limit for 
compliance with the particulate matter standard, we inadvertently did 
not make a conforming change to delete Sec.  63.1209(o)(3)(vi), which 
also requires a limit on minimum total power to an ionizing wet 
scrubber to ensure compliance with the total chlorine emission 
standard.\2\ To conform with our stated intent to delete the limit on 
minimum total power to an ionizing wet scrubber, we are today deleting 
Sec.  63.1209(o)(3)(vi).
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    \2\ Notwithstanding, we do not believe that power input to an 
ionizing wet scrubber is a primary control factor for chlorine 
emissions; rather, power input primarily controls metals and 
particulate matter.
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D. Conforming Change To Delete the Requirement To Include a Carbon Bed 
Testing Schedule in the Performance Test Plan

    In the Interim Standards Rule, we deleted the requirement to 
establish a limit on the useful life of a carbon bed or bed segment and 
associated requirements to conduct testing subsequent to the 
comprehensive performance test to verify performance of the carbon bed. 
In lieu of those requirements, the revised rule requires you to monitor 
performance of the bed according to manufacturer's specifications to 
ensure the bed has not reached the end of its useful life. See 67 FR at 
6803 and Sec.  63.1209(k)(7)(i).
    Although we deleted the requirement to confirm the useful life of a 
carbon bed by testing subsequent to the comprehensive performance test, 
we inadvertently did not make a conforming change to Sec.  
63.1207(f)(1)(xxi)(A). That provision requires you to include in the 
comprehensive performance test plan a schedule for conducting testing 
to verify bed performance. Accordingly, we are making that conforming 
change today by deleting Sec.  63.1207(f)(1)(xxi)(A).

E. Conforming Changes to the Combustion System Leak Requirement

    In the proposed Final Amendments Rule (66 FR at 35132, July 3, 
2001), we proposed to make changes to Sec. Sec.  63.1201(a), 
63.1206(c)(5), and 63.1209(p) requiring sources to use a pressure 
monitor and recording frequency that is adequate to detect combustion 
system leak events. We also clarified that the intent of the combustion 
system leak requirement is to prevent fugitive emissions that originate 
from the combustion of hazardous waste, not fugitive emissions that 
originate from nonhazardous process streams. We also proposed 
regulatory language for these changes (see pages 35152 and 35154).
    In the Final Amendment Rule, we reiterated that we were finalizing 
these changes. See 67 FR at 6973. We failed, however, to make the 
necessary regulatory changes to Sec. Sec.  63.1201(a), 63.1206(c)(5), 
and 63.1209(p). We are, therefore, correcting these sections of the 
regulation by including the regulatory language that was set out in the 
proposed rule.

F. Conforming Changes to the Compliance Date Extension Requirements

    Section 63.1206(a)(1) requires existing sources to comply with the 
Subpart EEE emission standards no later than

[[Page 77689]]

September 30, 2003, unless the Administrator or State grants an 
extension of time under Sec. Sec.  63.6(i) or 63.1213. The Sec.  
63.1213 compliance extension may be granted for a period of up to one 
year and is designed to allow for the installation of pollution 
prevention or waste minimization measures that significantly reduce the 
amount and/or toxicity of hazardous wastes in the feedstream to the 
combustor. Section 63.6(i)(4) in the Part 63 General Provisions 
provides for a similar extension should a source need additional time 
for the installation of controls without which the source would not be 
able to comply with the emission standards.
    Both Sec. Sec.  63.1213 and 63.6(i)(4) initially required you to 
submit your extension request in writing no later than 12 months before 
the compliance date. On April 5, 2002, we amended Sec.  
63.6(i)(4)(i)(B) to allow sources to submit their extension requests no 
later than 120 days (four months) prior to the compliance date. See 67 
FR 16582. If the need for an extension arises later than 120 days prior 
to the compliance date, the amendment further allows sources to request 
an extension, but only if the need is due to circumstances beyond the 
reasonable control of the source that came to light after the extension 
deadline but before the actual compliance date. The amendment further 
provided that nonfrivolous extension requests would temporarily stay 
the applicability of the emission standards in question until the 
Administrator or State grants or denies the request.
    The extension provisions of Sec. Sec.  63.1213 and 63.6(i)(4) are 
similar in intent; both allow sources to request extensions to the 
compliance date for the installation of controls. As discussed in the 
preamble to the March 23, 2001 proposed amendments to the General 
Provisions (66 FR 16328), we believe that most sources will complete 
any necessary control installations well before the compliance date; 
however, we recognize that situations may arise prohibiting this. 
Sources acting in good faith may not be able to complete the 
installation, testing and implementation of additional controls due to 
circumstances or events not of their own making. Work stoppages at a 
control equipment supplier's factory, shortages of skilled design and 
construction engineers, and shortages of available technology are some 
of the examples of circumstances or events that may be beyond the 
influence of an individual source and that could impact that source's 
ability to properly install control equipment and measures. Sources 
that believed they would be able to meet the compliance date without an 
extension might be unduly penalized should any of these types of events 
occur within the 12 months prior to the compliance date. We do not 
believe that it is in the best interest of environmental protection to 
penalize sources that are actively improving upon their waste 
minimization and pollution prevention controls because of circumstances 
and events that are beyond their control occurring prior to the 
compliance date. Thus, we are making a conforming change to the Sec.  
63.1213 compliance date extension requirements to reflect the changes 
already put in place under Sec.  63.6(i)(4) of the General Provisions.
    We are also making a conforming change to the Sec.  63.1213 
applicability language to take into consideration the recently 
promulgated Subpart EEE Interim Standards Rule and our extension of the 
compliance date. Section 63.1213 requires that a source reasonably 
document if it cannot install the necessary control measures and comply 
with the emission standards and operating requirements within three 
years of the emission standards effective date. This ending phrase 
corresponded to the September 30, 1999 effective date of the original 
standards (i.e., the date of publication) and to the September 30, 2002 
original compliance date. On December 6, 2001, we extended the 
compliance date of those 1999 standards by one year, to September 30, 
2003. We also promulgated negotiated Interim Standards on February 13, 
2002 to temporarily replace the original 1999 standards. The Interim 
Standards were effective on the date of their promulgation. See 66 FR 
63313 and 67 FR 6792. We did not, however, make a conforming change to 
Sec.  63.1213(a) to address these changes. Therefore, in today's 
action, we are revising Sec.  63.1213(a) to state that when a source 
submits a request for an extension, it must document that it cannot 
install the necessary control measures and comply with the standards 
and operating requirements by the compliance date.

G. Conforming Changes to the RCRA Permitting Requirements

    In the proposed Final Amendments Rule, published on July 3, 2001, 
we proposed to clarify the applicability and introductory language in 
40 CFR 270.19(e), 270.22, 270.62, and 270.66 regarding the reference to 
the Notification of Compliance (NOC). See 66 FR 35126. These sections 
currently state that once a source demonstrates compliance with the 
Subpart EEE standards by conducting a comprehensive performance test 
and submitting a NOC, the requirements of each section no longer apply 
(except with respect to certain startup, shutdown, and malfunction 
requirements). We proposed to specify that in order for the part 270 
requirements to no longer apply, the NOC must actually document 
compliance with the Subpart EEE standards and requirements. While we 
did receive public comments on other proposed changes to the RCRA 
permitting requirements in the July 3, 2001 action (which we are not 
finalizing in today's action), we did not receive any comments on our 
proposal to specify in part 270 that the NOC must document compliance.
    Under Sec. Sec.  63.1207(j) and 63.1210, sources are required to 
postmark and submit to the Administrator a Notification of Compliance 
(NOC). This notification must document compliance or noncompliance with 
the Subpart EEE standards and requirements. As the regulatory language 
of part 270 currently states, the RCRA permitting requirements no 
longer apply only after the source demonstrates compliance. This can 
only be accomplished by conducting the comprehensive performance test 
and submitting a NOC that documents compliance. Obviously, the 
submittal of a NOC that does not document compliance should not 
constitute an opportunity to be relieved of the RCRA combustion 
permitting requirements. We should also note that the applicability 
language in 40 CFR 264.340(b), 265.340(b), and 266.100(b) specify that 
those sections no longer apply only after the source demonstrates 
compliance by conducting a comprehensive performance test and 
submitting a NOC that documents compliance. Therefore, in today's 
action we are finalizing the correction we proposed in the July 3, 2001 
notice to add documenting compliance to the part 270 applicability 
language.

H. Conforming Change to the Limit on Waste Feedrate for Compliance With 
the D/F Emission Standard

    Section 63.1209(k)(4) of the rule requires you to establish a limit 
on the maximum waste feedrate to ensure compliance with the dioxin/
furan emission standard. Commenters have brought to our attention that 
preamble discussion explaining the rationale for this requirement 
refers to a limit on the maximum hazardous waste feedrate. (64 FR at 
52937, September 30, 1999) As the preamble states, we intended the 
limit to apply to the hazardous waste feedrate, not the feedrate of 
hazardous and nonhazardous waste combined.

[[Page 77690]]

Accordingly, we are correcting Sec.  63.1209(k)(4) to conform with the 
preamble discussion.

I. Conforming Change to the Limit on Maximum Ash Feedrate for 
Incinerators

    Section 63.1209(m)(3) requires owners and operators of hazardous 
waste incinerators to establish a maximum ash feedrate limit as the 
average of the test run averages. The preamble discussion states that 
you must establish a maximum 12-hour rolling average feedrate limit 
based on operations during the comprehensive performance test. (64 FR 
at 52955, September 30, 1999.) However, we failed to specify the 
averaging period for this limit in the regulation. We are correcting 
Sec.  63.1209(m)(3) to conform with the preamble language by adding a 
requirement to establish the maximum ash feedrate limit based on a 12-
hour rolling average.

J. Conforming Change to the Sampling and Analysis Requirements

    Section 63.1209(c)(2)(v) requires you to obtain a representative 
sample of each feedstream to be analyzed using sampling methods 
described in Appendix I, Part 26, or an equivalent method. This is an 
incorrect cite. The correct cite is Appendix IX, Part 266. Also, please 
note that Appendix IX simply refers you to sampling and analysis 
methods published in ``Test Methods for Evaluating Solid Waste, 
Physical/Chemical Methods,'' EPA Publication SW-846. Thus, the sampling 
method for any feedstream must be either that specified in SW-846, or 
an equivalent method.

III. 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.\3\ 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 
in the September 30, 1999 Rule (64 FR 52828), as revised by three 
subsequent rules: the July 3, 2001 Direct Final Rule (66 FR 35087), the 
February 13, 2002 Interim Standards Rule (67 FR 6792), and the February 
14, 2002 Final Amendments Rule (67 FR 6968). These final rules were 
subject to notice and comment, and the clarified regulatory language 
reflects the Agency's views already set out during the rulemaking and 
in past Agency statements (notably the applicable preambles). EPA also 
provided opportunity for further comment on most of these provisions by 
means of telephone calls and other communications with key stakeholders 
before issuing these amendments. Thus, EPA finds that further notice 
and opportunity for public participation in this action are 
unnecessary, and hence that good cause exists to issue the rule without 
further notice and further opportunities for comment.
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    \3\ The good cause exemption in 5 U.S.C. section 553 (b) applies 
here, even though this is a rulemaking otherwise subject to the 
procedural standards set out in section 307 (d) of the Clean Air 
Act. See CAA section 307 (d) (1) (final sentence).
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IV. Rationale for Immediate Effective Date

    Today's action does not create any new regulatory requirements; 
rather, it corrects errors in the September 30, 1999 Rule (64 FR 
52828), as revised by three subsequent rules: The July 3, 2001 Direct 
Final Rule (66 FR 35087), the February 13, 2002 Interim Standards Rule 
(67 FR 6792), and the February 14, 2002 Final Amendments Rule (67 FR 
6968). For this reason, we find that good cause exists under 5 U.S.C. 
553(d)(3) to waive the requirement that regulations be published at 
least 30 days before they become effective.

V. Analytic and Regulatory 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 III 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) (Pub. L. 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 interpretive clarification and 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 rules are discussed in the July 3, 2001, the February 
13, 2002, and February 14, 2002 Federal Register notices.
    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 therefore, and 
established an effective date of December 19, 2002. 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).

[[Page 77691]]

List of Subjects

40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, 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: December 12, 2002.
Marianne L. Horinko,
Assistant Administrator, Office of Solid Waste and Emergency Response.

    For the reasons set out in the preamble, title 40 chapter I of the 
Code of Federal Regulations is amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


    2. Section 63.1201 is amended by revising the definition of 
``Instantaneous monitoring'' in paragraph (a) to read as follows:


Sec.  63.1201  Definitions and acronyms used in this subpart.

    (a) * * *
    Instantaneous monitoring for combustion system leak control means 
detecting and recording pressure, without use of an averaging period, 
at a frequency adequate to detect combustion system leak events from 
hazardous waste combustion.
* * * * *

    3. Section 63.1205 is amended by revising paragraph (b)(6) to read 
as follows:


Sec.  63.1205  What are the standards for hazardous waste burning 
lightweight aggregate kilns?

* * * * *
    (b) * * *
    (6) Hydrochloric acid and chlorine gas in excess of 600 parts per 
million by volume, combined emissions, expressed as hydrochloric acid 
equivalents, dry basis and corrected to 7 percent oxygen; and
* * * * *

    4. Section 63.1206 is amended by revising paragraph (c)(5)(ii) to 
read as follows:.


Sec.  63.1206  When and how must you comply with the standards and 
operating requirements?

* * * * *
    (c) * * *
    (5) * * *
    (ii) You must specify in the performance test workplan and 
Notification of Compliance the method that will be used to control 
combustion system leaks. If you control combustion system leaks by 
maintaining the combustion zone pressure lower than ambient pressure 
using an instantaneous monitor, you must also specify in the 
performance test workplan and Notification of Compliance the monitoring 
and recording frequency of the pressure monitor, and specify how the 
monitoring approach will be integrated into the automatic waste feed 
cutoff system.
* * * * *

    5. Section 63.1207 is amended by:
    a. Revising paragraph (f)(1)(xxi).
    b. Revising paragraph (j)(1)(i).
    c. Adding paragraph (j)(5)
    The revisions and addition read as follows:


Sec.  63.1207  What are the performance testing requirements?

* * * * *
    (f) * * *
    (1) * * *
    (xxi) If your source is equipped with a carbon bed system, and you 
elect not to specify and use the brand and type of carbon used during 
the comprehensive performance test, you must include in the 
comprehensive performance test plan key parameters that affect carbon 
adsorption, and the operating limits you establish for those parameters 
based on the carbon used during the performance test, as required by 
Sec.  63.1209(k)(7)(ii).
* * * * *
    (j) * * *
    (1) * * *
    (i) Except as provided by paragraphs (j)(4) and (j)(5) of this 
section, within 90 days of completion of a comprehensive performance 
test, you must postmark a Notification of Compliance documenting 
compliance with the emission standards and continuous monitoring system 
requirements, and identifying operating parameter limits under Sec.  
63.1209.
* * * * *
    (5) Early compliance. If you conduct the initial comprehensive 
performance test prior to the compliance date, you must postmark the 
Notification of Compliance within 90 days of completion of the 
performance test or by the compliance date, whichever is later.
* * * * *

    6. Section 63.1209 is amended by:
    a. Revising paragraph (c)(2)(v).
    b. Revising paragraphs (k)(4) introductory text, and (k)(4)(i).
    c. Revising paragraph (m)(3).
    d. Removing paragraph (o)(3)(vi).
    e. Revising paragraph (p).
    The revisions read as follows:


Sec.  63.1209  What are the monitoring requirements?

* * * * *
    (c) * * *
    (2) * * *
    (v) The sampling method which you will use to obtain a 
representative sample of each feedstream to be analyzed using sampling 
methods described in appendix IX, part 266 of this chapter, or an 
equivalent method; and
* * * * *
    (k) * * *
    (4) Maximum hazardous waste feedrate. (i) You must establish limits 
on the maximum pumpable and total (pumpable and nonpumpable) hazardous 
waste feedrate for each location where waste is fed.
* * * * *
    (m) * * *
    (3) Maximum ash feedrate. Owners and operators of hazardous waste 
incinerators must establish a maximum ash feedrate limit as a 12-hour 
rolling average based on the average of the test run averages.
* * * * *
    (p) Maximum combustion chamber pressure. If you comply with the 
requirements for combustion system leaks under Sec.  63.1206(c)(5) by 
maintaining the maximum combustion chamber zone pressure lower than 
ambient pressure to prevent combustion systems leaks from hazardous 
waste combustion, you must perform instantaneous monitoring of pressure 
and the automatic waste feed cutoff system must be engaged when 
negative pressure is not adequately maintained.
* * * * *

    7. Section 63.1213 is amended by revising paragraphs (a) and (b)(1) 
introductory text to read as follows:


Sec.  63.1213  How can the compliance date be extended to install 
pollution prevention or waste minimization controls?

    (a) Applicability. You may request from the Administrator or State 
with an approved Title V program an extension of the compliance date of 
up to one year. An extension may be granted if you can reasonably 
document that the

[[Page 77692]]

installation of pollution prevention or waste minimization measures 
will significantly reduce the amount and/or toxicity of hazardous 
wastes entering the feedstream(s) of the hazardous waste combustor(s), 
and that you could not install the necessary control measures and 
comply with the emission standards and operating requirements of this 
subpart by the compliance date.
    (b) * * * (1) You must make your requests for an (up to) one-year 
extension in writing in accordance with Sec.  63.6(i)(4)(B) and (C). 
The request must contain the following information:
* * * * *

PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE 
PERMIT PROGRAM

    8. The authority citation for part 270 continues to read as 
follows:

    Authority : 42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 
6974.


    9. Section 270.19 is amended by revising paragraph (e) to read as 
follows:


Sec.  270.19  Specific part B information requirements for 
incinerators.

* * * * *
    (e) When an owner or operator demonstrates compliance with the air 
emission standards and limitations in part 63, subpart EEE, of this 
chapter (i.e., by conducting a comprehensive performance test and 
submitting a Notification of Compliance under Sec. Sec.  63.1207(j) and 
63.1210(b) of this chapter documenting compliance with all applicable 
requirements of part 63, subpart EEE, of this chapter), the 
requirements of this section do not apply, except those provisions the 
Director determines are necessary to ensure compliance with Sec. Sec.  
264.345(a) and 264.345(c) of this chapter if you elect to comply with 
Sec.  270.235(a)(1)(i) to minimize emissions of toxic compounds from 
startup, shutdown, and malfunction events. Nevertheless, the Director 
may apply the provisions of this section, on a case-by-case basis, for 
purposes of information collection in accordance with Sec. Sec.  
270.10(k) and 270.32(b)(2).

    10. Section 270.22 is amended by revising the introductory text to 
read as follows:


Sec.  270.22  Specific part B information requirements for boilers and 
industrial furnaces burning hazardous waste.

    When an owner or operator of a cement or lightweight aggregate kiln 
demonstrates compliance with the air emission standards and limitations 
in part 63, subpart EEE, of this chapter (i.e., by conducting a 
comprehensive performance test and submitting a Notification of 
Compliance under Sec. Sec.  63.1207(j) and 63.1210(b) of this chapter 
documenting compliance with all applicable requirements of part 63, 
subpart EEE, of this chapter), the requirements of this section do not 
apply, except those provisions the Director determines are necessary to 
ensure compliance with Sec. Sec.  266.102(e)(1) and 266.102(e)(2)(iii) 
of this chapter if you elect to comply with Sec.  270.235(a)(1)(i) to 
minimize emissions of toxic compounds from startup, shutdown, and 
malfunction events. Nevertheless, the Director may apply the provisions 
of this section, on a case-by-case basis, for purposes of information 
collection in accordance with Sec. Sec.  270.10(k) and 270.32(b)(2).
* * * * *

    11. Section 270.62 is amended by revising the introductory text to 
read as follows:


Sec.  270.62  Hazardous waste incinerator permits.

    When an owner or operator demonstrates compliance with the air 
emission standards and limitations in part 63, subpart EEE, of this 
chapter (i.e., by conducting a comprehensive performance test and 
submitting a Notification of Compliance under Sec. Sec.  63.1207(j) and 
63.1210(b) of this chapter documenting compliance with all applicable 
requirements of part 63, subpart EEE, of this chapter), the 
requirements of this section do not apply, except those provisions the 
Director determines are necessary to ensure compliance with Sec. Sec.  
264.345(a) and 264.345(c) of this chapter if you elect to comply with 
Sec.  270.235(a)(1)(i) to minimize emissions of toxic compounds from 
startup, shutdown, and malfunction events. Nevertheless, the Director 
may apply the provisions of this section, on a case-by-case basis, for 
purposes of information collection in accordance with Sec. Sec.  
270.10(k) and 270.32(b)(2).
* * * * *

    12. Section 270.66 is amended by revising the introductory text to 
read as follows:


Sec.  270.66  Permits for boilers and industrial furnaces burning 
hazardous waste.

    When an owner or operator of a cement or lightweight aggregate kiln 
demonstrates compliance with the air emission standards and limitations 
in part 63, subpart EEE, of this chapter (i.e., by conducting a 
comprehensive performance test and submitting a Notification of 
Compliance under Sec. Sec.  63.1207(j) and 63.1210(b) of this chapter 
documenting compliance with all applicable requirements of part 63, 
subpart EEE, of this chapter), the requirements of this section do not 
apply, except those provisions the Director determines are necessary to 
ensure compliance with Sec. Sec.  266.102(e)(1) and 266.102(e)(2)(iii) 
of this chapter if you elect to comply with Sec.  270.235(a)(1)(i) to 
minimize emissions of toxic compounds from startup, shutdown, and 
malfunction events. Nevertheless, the Director may apply the provisions 
of this section, on a case-by-case basis, for purposes of information 
collection in accordance with Sec. Sec.  270.10(k) and 270.32(b)(2).
* * * * *
[FR Doc. 02-31903 Filed 12-18-02; 8:45 am]
BILLING CODE 6560-50-U