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[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Proposed Rules]
[Pages 15266-15267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4490]

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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.

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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

[[Page 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; E-mail 
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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