15266 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Proposed Rules 

(ii) * * * 

(a) Multiplying the mass amount of 

emissions (tpy), for each of the six 

greenhouse gases in the pollutant GHGs, 

by the gas’s associated global warming 

potential published at Table A–1 to 

subpart A of part 98 of this chapter— 

Global Warming Potentials. For 

purposes of this paragraph (b)(48)(ii)(a), 

prior to [DATE 3 YEARS AFTER THE 

EFFECTIVE DATE OF THE FINAL 

DEFERRAL RULE], the mass of the 

greenhouse gas carbon dioxide shall not 

include carbon dioxide emissions 

resulting from the combustion or 

decomposition of non-fossilized and 

biodegradable organic material 

originating from plants, animals, or 

micro-organisms (including products, 

by-products, residues and waste from 

agriculture, forestry and related 

industries as well as the non-fossilized 

and biodegradable organic fractions of 

industrial and municipal wastes, 

including gases and liquids recovered 

from the decomposition of nonfossilized and biodegradable organic 

material). 

* * * * * 

PART 52—[AMENDED] 

3. The authority citation for part 52 

continues to read as follows: 

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

Subpart A—[Amended] 

4. Section 52.21 is amended by 

revising paragraph (b)(49)(ii)(a) to read 

as follows: 

§ 52.21 Prevention of significant 

deterioration of air quality. 

* * * * * 

(b) * * * 

(49) * * * 

(ii) * * * 

(a) Multiplying the mass amount of 

emissions (tpy), for each of the six 

greenhouse gases in the pollutant GHGs, 

by the gas’s associated global warming 

potential published at Table A–1 to 

subpart A of part 98 of this chapter— 

Global Warming Potentials. For 

purposes of this paragraph, prior to 

[DATE 3 YEARS AFTER THE 

EFFECTIVE DATE OF THE FINAL 

DEFERRAL RULE], the mass of the 

greenhouse gas carbon dioxide shall not 

include carbon dioxide emissions 

resulting from the combustion or 

decomposition of non-fossilized and 

biodegradable organic material 

originating from plants, animals, or 

micro-organisms (including products, 

by-products, residues and waste from 

agriculture, forestry and related 

industries as well as the non-fossilized 

and biodegradable organic fractions of 

industrial and municipal wastes, 

including gases and liquids recovered 

from the decomposition of nonfossilized and biodegradable organic 

material). 

* * * * * 

PART 70—[AMENDED] 

5. The authority citation for part 70 

continues to read as follows: 

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

6. Section 70.2 is amended by revising 

paragraph (2) of the definition of 

‘‘Subject to regulation’’ to read as 

follows: 

§ 70.2 Definitions. 

* * * * * 

Subject to regulation * * * 

(2) The term tpy CO2 equivalent 

emissions (CO2e) shall represent an 

amount of GHGs emitted, and shall be 

computed by multiplying the mass 

amount of emissions (tpy), for each of 

the six greenhouse gases in the pollutant 

GHGs, by the gas’s associated global 

warming potential published at Table 

A–1 to subpart A of part 98 of this 

chapter—Global Warming Potentials, 

and summing the resultant value for 

each to compute a tpy CO2e. For 

purposes of this paragraph, prior to 

[DATE 3 YEARS AFTER THE 

EFFECTIVE DATE OF THE FINAL 

DEFERRAL RULE], the mass of the 

greenhouse gas carbon dioxide shall not 

include carbon dioxide emissions 

resulting from the combustion or 

decomposition of non-fossilized and 

biodegradable organic material 

originating from plants, animals, or 

micro-organisms (including products, 

by-products, residues and waste from 

agriculture, forestry and related 

industries as well as the non-fossilized 

and biodegradable organic fractions of 

industrial and municipal wastes, 

including gases and liquids recovered 

from the decomposition of nonfossilized and biodegradable organic 

material). 

* * * * * 

PART 71—[AMENDED] 

7. The authority citation for part 51 

continues to read as follows: 

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

Subpart A—[Amended] 

8. Section 71.2 is amended by revising 

paragraph (2) of the definition of 

‘‘Subject to regulation’’ to read as 

follows: 

§ 71.2 Definitions. 

* * * * * 

Subject to regulation * * * 

(2) The term tpy CO2 equivalent 

emissions (CO2e) shall represent an 

amount of GHGs emitted, and shall be 

computed by multiplying the mass 

amount of emissions (tpy), for each of 

the six greenhouse gases in the pollutant 

GHGs, by the gas’s associated global 

warming potential published at Table 

A–1 to subpart A of part 98 of this 

chapter—Global Warming Potentials, 

and summing the resultant value for 

each to compute a tpy CO2e. For 

purposes of this paragraph, prior to 

[DATE 3 YEARS AFTER THE 

EFFECTIVE DATE OF THE FINAL 

DEFERRAL RULE], the mass of the 

greenhouse gas carbon dioxide shall not 

include carbon dioxide emissions 

resulting from the combustion or 

decomposition of non-fossilized and 

biodegradable organic material 

originating from plants, animals, or 

micro-organisms (including products, 

by-products, residues and waste from 

agriculture, forestry and related 

industries as well as the non-fossilized 

and biodegradable organic fractions of 

industrial and municipal wastes, 

including gases and liquids recovered 

from the decomposition of nonfossilized and biodegradable organic 

material). 

* * * * * 

[FR Doc. 2011–6438 Filed 3–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 63 

[EPA–HQ–OAR–2002–0058; EPA–HQ–OAR– 

2006–0790; EPA–HQ–OAR–2003–0119; 

FRL–9272–7] 

RIN 2060–AQ25; RIN 2060–AM44; RIN 2060– 

AO12 

National Emission Standards for 

Hazardous Air Pollutants; Notice of 

Reconsideration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of reconsideration of 

final rules. 

SUMMARY: EPA is initiating a 

reconsideration process with respect to 

certain aspects of the national emission 

standards for hazardous air pollutants 

(NESHAP) for new and existing sources 

for Major Source Industrial, 

Commercial, and Institutional Boilers 

and Process Heaters; the NESHAP for 

new and existing sources for Area 

Source Industrial, Commercial, and 

Institutional Boilers; and standards of 

performance for new Commercial and 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Proposed Rules 15267 

Industrial Solid Waste Incineration 

Units and emission guidelines for 

existing Commercial and Industrial 

Solid Waste Incineration Units 

published as final rules elsewhere in 

this issue of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

National Emission Standards for 

Hazardous Air Pollutants for Major 

Sources: Industrial, Commercial, and 

Institutional Boilers and Process 

Heaters: Mr. Brian Shrager, Energy 

Strategies Group, Sector Policies and 

Programs Division, (D243–01), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; Telephone number: (919) 541– 

7689; Fax number (919) 541–5450; Email address: shrager.brian@epa.gov. 

National Emission Standards for 

Hazardous Air Pollutants for Area 

Sources: Industrial, Commercial, and 

Institutional Boilers: Mr. Jim Eddinger, 

Energy Strategies Group, Sector Policies 

and Programs Division, (D243–01), 

Office of Air Quality Planning and 

Standards, U.S. Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711; telephone 

number: (919) 541–5426; Fax number 

(919) 541–5450; e-mail address: 

eddinger.jim@epa.gov. 

Standards of Performance for New 

Stationary Sources and Emission 

Guidelines for Existing Sources: 

Commercial and Industrial Solid Waste 

Incineration (CISWI) Units: Ms. Toni 

Jones, Natural Resource and Commerce 

Group, Sector Policies and Programs 

Division (E143–03), Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711; telephone 

number: (919) 541–0316; fax number: 

(919) 541–3470; e-mail address: 

jones.toni@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Reconsideration of the Emissions 

Standards for Major Boilers and Process 

Heaters, Area Source Boilers, and 

Commercial and Industrial Solid Waste 

Incinerators 

In separate final rules documents 

published elsewhere in today’s Federal 

Register, EPA is issuing emissions 

standards for new and existing sources 

in the following source categories: Major 

source boilers and process heaters, area 

source boilers, and commercial and 

industrial solid waste incinerators. In 

this notice, we are convening a 

proceeding for reconsideration of 

certain portions of these emissions 

standards. The Agency is in the process 

of developing a proposed 

reconsideration notice that identifies the 

specific elements of the rules for which 

we believe further public comment is 

appropriate and any provisions that we 

propose to modify after more fully 

evaluating the data and comments 

already received. At that time, we may 

also seek public comment on other 

aspects of the portions of the rules we 

decide to reconsider in addition to other 

provisions in these rules. We will also 

evaluate any petitions submitted to the 

Agency by members of the public 

requesting that the Agency reconsider 

any aspects of these rules. We intend to 

consider for inclusion in any 

forthcoming proposed reconsideration 

notice all additional issues for which we 

determine that reconsideration is 

appropriate. 

We recognize that certain issues of 

central relevance to these rules arose 

after the period for public comment or 

may have been impracticable to 

comment upon. Therefore, we believe 

that reconsideration is appropriate 

under section 307(d)(7)(B) of the Clean 

Air Act. While we have taken final 

action on the rules identified above, and 

believe that the final rules reflect 

reasonable approaches consistent with 

the requirements of the Clean Air Act, 

some of the issues identified in the 

comments raise difficult technical 

issues that we believe may benefit from 

additional public involvement. 

Therefore, we are initiating 

reconsideration of a number of issues in 

the major and area sources boilers rules, 

and the commercial and industrial solid 

waste incineration rule. The following 

issues concern provisions in the final 

rules that are appropriate and consistent 

with the requirements of the Act, but for 

which we believe reconsideration and 

additional opportunity for public review 

and comment should be obtained: 

• Revisions to the proposed 

subcategories in the major source boilers 

rule. 

• Establishment of a fuel specification 

in the major source boilers rule through 

which gas-fired boilers that use a fuel 

other than natural gas may be 

considered Gas 1 units. 

• Establishing work practice 

standards for limited use major source 

boilers. 

• Establishment of standards for 

biomass and oil-fired area source boilers 

based on generally available control 

technology. 

• Revision of the proposed 

subcategory for energy recovery units 

for CISWI units. 

• Establishment of limitations on fuel 

switching provisions for CISWI units. 

• Revision to the proposed definition 

of CISWI to exclude cyclonic burn 

barrels. 

• Providing an affirmative defense for 

malfunction events for major and area 

source boilers and for CISWI units. 

The following additional issues 

concern actions taken in the final rules 

for which we believe reconsideration 

under section 307(d) and, potentially, 

further revisions may be warranted 

because they involve issues of central 

relevance that arose after the period for 

public comment or may have been 

impracticable to comment upon: 

• Revisions to the proposed 

monitoring requirements for carbon 

monoxide for major source boilers and 

for CISWI units. 

• Revisions to the proposed dioxin 

emission limit and testing requirement 

for major source boilers. 

• Establishing a full-load stack test 

requirement for carbon monoxide 

coupled with continuous oxygen 

monitoring for major source boilers and 

CISWI units. 

• Establishing a definition of 

‘‘homogenous waste’’ in the CISWI rule. 

• Setting PM standards under 

generally available control technology 

for oil-fired area source boilers. 

• Certain findings regarding the 

applicability of Title V permitting 

requirements for area source boilers. 

Additional information concerning 

issues and concerns presented by 

commenters can be found in the dockets 

accompanying each of the rules under 

reconsideration in today’s notice. 

List of Subjects 

40 CFR Part 60 

Environmental protection, Air 

pollution control, Hazardous 

substances, Reporting and 

recordkeeping requirements. 

40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, Reporting and 

recordkeeping requirements. 

Dated: February 21, 2011. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2011–4490 Filed 3–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

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