[Federal Register Volume 71, Number 56 (Thursday, March 23, 2006)]
[Rules and Regulations]
[Pages 14655-14656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2702]



[[Page 14655]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2004-0022; FRL-8047-7]
RIN 2050-AG29


NESHAP: National Emission Standards for Hazardous Air Pollutants: 
Standards for Hazardous Air Pollutants for Hazardous Waste Combustors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Administrative stay.

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SUMMARY: Pursuant to section 307(d)(7)(B) of the Clean Air Act (CAA), 
EPA is issuing an administrative stay of one requirement of the 
national emissions standards for hazardous air pollutants (NESHAP) for 
hazardous waste combustors that were issued October 12, 2005, under 
section 112 of the CAA. EPA is staying the effective date of the 
standard for particulate matter for new cement kilns that burn 
hazardous waste while EPA reconsiders this provision. The length of the 
stay is three months, until June 23, 2006. During the period the stay 
is in effect, new cement kilns are subject to the particulate matter 
standard that was applicable prior to promulgation of the standard.

DATES: This final rule is effective on March 23, 2006. Section 
63.1220(b)(7)(i) is stayed from March 23, 2006 until June 23, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2004-0022. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
disclosure of which is restricted by statute. Certain other material, 
such as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy at the HQ EPA Docket Center, Docket 
ID No. EPA-HQ-OAR-2004-0022, EPA West Building, Room B-102, 1301 
Constitution Ave., NW., Washington, DC 20004. This Docket Facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The HQ EPA Docket Center telephone number is (202) 566-
1742. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Public Reading Room is (202) 566-1744.

FOR FURTHER INFORMATION CONTACT: For more information on this 
rulemaking, contact Frank Behan at (703) 308-8476, or 
[email protected], Office of Solid Waste (MC: 5302W), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.

SUPPLEMENTARY INFORMATION: 

I. Regulated Entities

    Entities potentially affected are those industrial facilities that 
manufacture Portland cement. Portland cement manufacturing is 
classified under Standard Industrial Classification (SIC) code 3241 and 
the North American Industry Classification System (NAICS) code is 
327310. Other types of entities could also be affected. To determine 
whether your facility, company, business, organization, etc., is 
regulated by this action, you should examine the applicability criteria 
in 40 CFR 63.1200. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.

II. Administrative Stay

    As proposed elsewhere in today's Federal Register, EPA is granting 
the petition of Ash Grove Cement Company and the petition of the Cement 
Kiln Recycling Coalition, Continental Cement Company, and Giant Cement 
Holding, Inc. to reconsider the new source standard for particulate 
matter for cement kilns that burn hazardous waste. That standard is 
0.0023 gr/dscf corrected to 7 percent oxygen. 40 CFR 63.1220(b)(7)(i) 
(70 FR at 59573 (October 12, 2005)).\1\ As set out in that notice, EPA 
is proposing this action because it appears that the promulgated 
standard is overly stringent in that it does not fully reflect the 
variability of the best performing source over time. Additional 
performance data from the source whose performance was the basis for 
the standard supports this conclusion.
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    \1\ The new source standard also contains an opacity 
requirement. 40 CFR 63.1220(b)(7)(ii). EPA is not reconsidering or 
staying that provision.
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    EPA also has decided to stay the effective date of the new source 
standard, pursuant to section 307(d)(7)(B) of the CAA. The duration of 
this stay is consequently three months (``the rule may be stayed during 
such reconsideration * * * by the Administrator * * * for a period not 
to exceed three months''). We believe this administrative stay is 
justified not only because the petitions for reconsideration appear to 
have merit, but also because if the standard remains in place, new 
cement kilns (and there are several contemplated) could decide not to 
burn hazardous waste because they are unable to achieve the promulgated 
standard. The kilns would then be subject to the less stringent 
standard for particulate matter applicable to Portland cement kilns 
that do not burn hazardous waste. 40 CFR 63.1343(c)(1). There is, thus, 
a potential environmental detriment associated with the current 
standard.
    Accordingly, the effective date of 40 CFR 63.1220(b)(7)(i) is 
stayed until June 23, 2006.\2\ In this action we are revising 40 CFR 
63.1220(b)(7)(i) to reflect the dates that the administrative stay will 
remain in effect. In addition, we are adding a new provision requiring 
that new cement kiln sources must instead comply with the particulate 
matter standard specified in 40 CFR 63.1204(b)(7) during the period of 
the administrative stay. See 40 CFR 63.1220(b)(7)(iii). We want to 
emphasize that all new sources will be subject to the particulate 
matter standard of 40 CFR 63.1220(b)(7), whether or not it is revised 
after EPA completes the reconsideration process for this standard.
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    \2\ The opacity standard specified in 40 CFR 63.1220(b)(7)(ii) 
is not affected by this stay and remains in effect as promulgated.
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List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: March 15, 2006.
Stephen L. Johnson,
Administrator.

0
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 EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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

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


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2. Section 63.1220 is amended by revising paragraph (b)(7) to read as 
follows:


Sec.  63.1220  What are the replacement standards for hazardous waste 
burning cement kilns?

* * * * *
    (b) * * *

[[Page 14656]]

    (7) For particulate matter:
    (i) Except as provided by paragraph (b)(7)(iii) of this section, 
particulate matter emissions in excess of 0.0023 gr/dscf corrected to 7 
percent oxygen.
    (ii) Opacity greater than 20 percent, unless your source is 
equipped with a bag leak detection system under Sec.  63.1206(c)(8) or 
a particulate matter detection system under Sec.  63.1206(c)(9).
    (iii) The particulate matter standard specified in paragraph 
(b)(7)(i) of this section is stayed from March 23, 2006 to June 23, 
2006. During the period that this stay is in effect, you must not emit 
particulate matter in excess of 0.15 kg/Mg dry feed, as determined 
according to the requirements under Sec.  63.1204(b)(7)(i) through 
(iii).
* * * * *
[FR Doc. 06-2702 Filed 3-22-06; 8:45 am]
BILLING CODE 6560-50-P