42292 Federal Register / Vol. 65, No. 132 / Monday, July 10, 2000 / Rules and Regulations

Congress and to the Comptroller General

of the United States. 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. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2). Under

section 307(b)(1) of the Clean Air Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by September 8, 2000. Interested

parties should comment in response to

the proposed rule rather than petition

for judicial review, unless the objection

arises after the comment period allowed

for in the proposal. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for the purposes of judicial

review nor does it extend the time

within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons, Ozone.

Dated: June 12, 2000.

Mindy S. Lubber,

Regional Administrator, EPA New England.

Part 52 of chapter I, title 40 of the

Code of Federal Regulations is amended

as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

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

Subpart EE—New Hampshire

2. Section 52.1520 is amended by

adding paragraph (c)(67) to read as

follows:

§ 52.1520 Identification of plan.

* * * * *

(c) * * *

(67) Revisions to the State

Implementation Plan submitted by the

New Hampshire Air Resources Division

on September 11, 1998.

(i) Additional materials.

(A) Letter from the New Hampshire

Department of Environmental Services

dated September 11, 1998 stating a

negative declaration for the aerospace

coating operations Control Techniques

Guideline category.

Subpart OO—Rhode Island

3. Section 52.2070 is amended as

follows:

In paragraph (e), the table is amended

by adding at the end of the table new

citations for two negative declarations to

read as follows:

§ 52.2070 Identification of plan.

* * * * *

(e) Non Regulatory.

RHODE ISLAND NON REGULATORY

Name of non regulatory SIP provision

Applicable geographic or nonattainment area

State submittal date/effective date EPA approved date Explanations

*******

Negative Declaration for Synthetic Organic

Chemical Manufacturing Industry (SOCMI)

Distillation and Reactor Processes Control

Techniques Guideline Categories.

Statewide .............. Submitted 4/5/95 ......... 12/2/99, 64 FR 67495 ......

Negative Declaration for Aerospace Coating

Operations Control Techniques Guideline

Category.

Statewide .............. Submitted 3/28/00 ....... July 10, 2000 [Insert FR

citation from published

date].

Subpart UU—Vermont

4. Section 52.2370 is amended by

adding paragraph (c)(26) to read as

follows:

§ 52.2370 Identification of plan.

* * * * *

(c) * * *

(26) Revisions to the State

Implementation Plan submitted by the

Vermont Air Pollution Control Division

on July 28, 1998.

(i) Additional materials.

(A) Letter from the Vermont Air

Pollution Control Division dated July

28, 1998 stating a negative declaration

for the aerospace coating operations

Control Techniques Guideline category.

[FR Doc. 00–16626 Filed 7–7–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 60, 63, 261, and 270

[FRL–6720–9]

RIN 2050–AE01

NESHAPS: Final Standards for

Hazardous Air Pollutants for

Hazardous Waste Combustors

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical correction.

SUMMARY: On September 30, 1999 the

Environmental Protection Agency (EPA)

published the Hazardous Waste

Combustors NESHAP Final Rule. On

November 19, 1999 EPA published the

first technical correction of that rule to

address a time sensitive situation.

Today’s rule corrects numerous

typographical errors and clarifies

several issues from the September 30,

1999 rule, one issue from a closelyrelated June 19, 1998 rule, and makes

one adjustment to the November 19,

1999 technical correction. These

corrections and clarifications will make

the NESHAP final rule easier to

understand and implement.

DATES: This rule is effective on July 10,

2000.

ADDRESSES: The public may obtain a

copy of this technical correction at the

RCRA Information Center (RIC), located

at Crystal Gateway One, 1235 Jefferson

Davis Highway, First Floor, Arlington,

Virginia.

FOR FURTHER INFORMATION CONTACT: For

general information, contact the RCRA

Hotline at (800) 424–9346 (toll free) or

(703) 412–9812 in the Washington, D.C.

metropolitan area. For information on

this rule contact David Hockey (5302W),

Office of Solid Waste, Ariel Rios

Federal Register / Vol. 65, No. 132 / Monday, July 10, 2000 / Rules and Regulations 42293

Building, 1200 Pennsylvania Avenue,

N.W., Washington, DC 20460, at e-mail

address hockey.david@epa.gov.

SUPPLEMENTARY INFORMATION:

I. 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. 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 and clarifies certain requirements

in the Hazardous Waste Combustors

NESHAP Final Rule (64 FR 52828,

September 30, 1999). Today’s action

also supplies one omission from the

emergency technical correction

published on November 19, 1999 (64 FR

63209) and makes one correction to the

related June 19, 1998 (63 FR 33783)

final rule. With the exception of the

emergency technical correction

published November 19, 1999, the final

rules were subject to notice and

comment. Thus, notice and public

procedure are unnecessary. EPA finds

that this constitutes good cause under 5

U.S.C. 553(b)(B).

II. Reasons and Basis for Today’s

Action

The Agency has received numerous

comments from the regulated

community requesting clarification and

correction of the rule finalizing

NESHAPS for hazardous waste

combustors (64 FR 52828, September

30, 1999). The Agency is correcting

typographical errors and misprints, as

well as clarifying several matters related

to preamble statements and regulatory

provisions. Today’s action also supplies

one omission from the emergency

technical correction published on

November 19, 1999 (64 FR 63209) and

makes one correction to the related June

19, 1998 (63 FR 33783) final rule.

The regulated community has also

raised other issues and questions

through informal comments as well as

through litigation that will in many

cases require notice and comment

rulemaking. The Agency plans to

propose changes in the Federal Register

as quickly as possible that will address

many of these other issues.

III. Corrections and Clarifications

A. Corrections to the September 30,

1999 Final Rule

1. Units for Particulate Matter in

Appendix A, Method 5i Are Corrected

The unit for particulate matter (PM)

concentration given in section 12.2 of

Method 5i in appendix A of part 60 is

‘‘mg/unit volume’’ (see 64 FR 53030).

However, in the preamble discussion on

pages 52927–52928, the PM

concentration is expressed as ‘‘mg/

dscm.’’ The Agency is revising the mg/

unit volume in Appendix A, because the

PM criteria would change depending on

the volume measured. Dry standard

cubic meter (dscm) is the intended and

more precise measure.

2. Sources That Have Initiated RCRA

Closure Requirements Are Exempt:

Table 1 to § 63.1200

Table 1 in § 63.1200 (see page 64 FR

53038) explains the exemptions from

these regulations for hazardous waste

combustors. According to (1)(ii) of that

table, previously affected sources have

to be in compliance with the closure

requirements of subpart G of 40 CFR

part 63, 40 CFR part 264, or 40 CFR part

265 to be exempt from the requirements

of subpart EEE of part 63. The Agency

agrees with commenters that, under our

existing regulations, previously affected

sources need only have initiated these

closure requirements to be exempt, and

today we are revising Table 1 of

§ 63.1200 to reflect this change.

3. Continuous Monitoring of Both

Hydrocarbons and Carbon Monoxide Is

Not Required: §§ 63.1203, 63.1204,

63.1205, and 63.1209

The preamble to the September 30,

1999 rule states on page 52848 that, to

comply with the carbon monoxide and

hydrocarbon emission standard, you

must continuously monitor and comply

with the emission standard for either

carbon monoxide or hydrocarbons. If

you choose to continuously monitor

carbon monoxide, however, you must

document compliance with the

hydrocarbon standard only during the

destruction and removal efficiency

(DRE) test or its equivalent.

Several stakeholders note that the

regulatory language implementing this

provision could be interpreted to mean

that continuous monitoring and

compliance with both the carbon

monoxide and hydrocarbon emissions

standards are required. The Agency is

today revising the regulatory language to

clarify as intended that continuous

monitoring and compliance with either

the carbon monoxide or hydrocarbon

standard is required. See revised

§§ 63.1203(a)(5)(i), 63.1203(b)(5)(i),

63.1204(a)(5)(i)(A), 63.1204(a)(5)(ii)(B),

63.1204(b)(5)(i)(A)(1), 63.1205(a)(5)(i),

63.1205(b)(5)(i), 63.1209(a)(1)(i), and

63.1209(a)(7).

4. References to Subparts BB and CC of

Part 264 Are Redundant: §§ 63.1203(e),

63.1204(g), 63.1205(e)

The regulatory sections that prescribe

emission standards for hazardous waste

burning incinerators (§ 63.1203), cement

kilns (§ 63.1204), and lightweight

aggregate kilns (§ 63.1205) each

reference subparts BB and CC of 40 CFR

part 264 that prescribe emission

standards for equipment leaks, tanks,

surface impoundments, and containers.

Several commenters assert that is is

redundant and unnecessary to reference

these subparts because they are

separately applicable under part 264.

We agree and, to avoid redundancy,

therefore delete the references from this

rule.

5. The 720 Hour Operating Limit is

Renewable: §§ 63.1206(b)(5)(i)(C)(1) and

63.1207(h)(2)

The preamble to the September 30,

1999 rule states that the rule allows you

to operate after a failed test for purposes

of pretesting or performance testing for

up to a total of 720 hours of operation,

renewable at the discretion of the

Administrator. See 64 FR 52914 and

§ 63.1207(k)(2). We explain in the

preamble that the 720 operating period

is renewable at the discretion of the

Administrator in response to

commenters concerns about unforeseen

delays in pretesting and testing

activities and given that current RCRA

rules allow renewals.

Several stakeholders noticed that we

did not include allowance for renewals

of the 720 hour periods in two other

similar provisions of the rule:

§ 63.1206(b)(5)(i)(C)(1) pertaining to

restrictions on waste burning after a

change in design, operation, or

maintenance that may adversely affect

compliance; and § 63.1207(h)(2)

pertaining to pretesting and

performance testing under waived

operating limits to satisfy the periodic

comprehensive performance testing

requirements. This was a drafting

oversight and we are today correcting

the rule to allow the Administrator to

extend the 720 hours of operations for

pretesting and performance testing as

warranted in these situations as well.

42294 Federal Register / Vol. 65, No. 132 / Monday, July 10, 2000 / Rules and Regulations

6. Average Limits Are Calculated as the

Average of the Test Run Averages:

§ 63.1209

The preamble to the September 30,

1999 rule states that feedrate limits for

mercury, semi-volatile metals, lowvolatile metals, and hydrochloric acid/

chlorine gas must be determined by

establishing the ‘‘average of the test run

averages’’ from the comprehensive

performance test (see pages 64 FR

52943, 52946, and 52952, respectively).

However, in § 63.1209, the requirement

is incorrectly expressed as the ‘‘average

of the average hourly rolling averages

for each run’’ from the comprehensive

performance test. Today’s rule amends

the regulatory language to read ‘‘the

average of the test run averages,’’ which

was the intended phrase. We are also

clarifying that the preamble summary

tables for semi-volatile metals and lowvolatile metals (64 FR 52945) and

hydrochloric acid/chlorine gas (64 FR

52951) should state that feedrate limits

for 12-hour averaging periods are

established by the average of test run

averages rather than the average of the

average hourly rolling averages for each

run.

7. The Table in § 63.1211 Summarizing

Recordkeeping Requirements Is

Corrected

Today’s rule corrects the reference to

§ 63.1206(c)(7), as well as adding a new

reference to for § 63.1206(c)(5), to the

table of recordkeeping requirements

found in § 63.1211 (see 64 FR 53065).

No substantive recordkeeping changes

are made by this action; we are merely

updating the table’s references to other

sections where the substantive

recordkeeping requirements are lodged.

8. The Definition of Rolling Average in

the Appendix to Subpart EEE of Part 63

Is Corrected

In the definitions section of the

appendix to subpart EEE, the definition

for a ‘‘rolling average’’ includes a

sentence on continuous emissions

monitoring systems (CEMS) other than

carbon monoxide and total

hydrocarbons CEMS. This sentence is

unnecessary because we did not finalize

other CEMS-based emission standards;

therefore, we are removing this sentence

from the appendix to subpart EEE.

9. The Citation in § 270.42 of the

Notification of Compliance Is Corrected

The September 30, 1999 final rule

moved the Notification of Intent to

Comply (NIC) requirements from

§ 63.1211 to § 63.1210, but failed to

revise the citation of § 63.1211 in

§ 270.42. We are correcting this citation

in today’s rule.

10. Information Required To Be

Included in the Performance Test Plan

Is Consolidated: § 63.1207(f)(1)

The rule lists information that must

be included in the comprehensive

performance test plan under

§ 63.1207(f)(1). Several stakeholders

note, however, that the list is not

complete. Several types of additional

information that must be included in

the comprehensive performance test

plan were inadvertently omitted from

the summary list in § 63.1207(f)(1).

Accordingly, to avoid a misleading

summary list, we are revising the

summary list to include all information

that various provisions of the rule

require to be included in the

comprehensive performance test plan.

11. Definition of a Responsible Official

Is Revised: § 63.1212(a)(2)

We are revising the definition of a

‘‘responsible official’’ provided in

§ 63.1212(a)(2) of the final rule so that

it conforms to the definition in the

Clean Air Act implementing regulations

of § 63.2. We did not intend to alter the

statutory definition though

§ 63.1212(a)(2).

12. Several Citations Are Corrected

In the § 63.1201(a) definition of an

automatic waste feed cutoff system, we

incorrectly cited § 63.1206(c)(2)(viii)

rather than § 63.1206(c)(3)(viii). In

§ 63.1210(c)(2), we incorrectly cited

paragraph (b)(1) rather than (c)(1). In

§§ 63.1212(b)(1) and (2), we incorrectly

cited requirements for § 63.1206(a)(2)

rather than § 63.1206(a)(3). These

citations are corrected in today’s action.

13. Citation in Table 1 to § 63.1200 Is

Corrected

Table 1 to § 63.1200 (3) (see 64 FR

53038) provides an exemption from the

requirements of subpart EEE if you burn

certain wastes exempt from regulation

under section 266; however, the

exemption in the table incorrectly cites

section 266.100(b). The correct cite is

section 266.100(c). We revised the

regulations at section 266.100 as part of

the HWC MACT final rule, to include a

new section 266.100(b) and

inadvertently failed to revise the

corresponding cite in Table 1 to reflect

the change made to section 266.100.

Today’s action revises Table 1 to reflect

the correct cite to section 266.100(c).

B. Correction to the November 19, 1999

Technical Correction

In the November 19, 1999 rule, the

Agency amended § 63.1210(b)(1)(iv) by

replacing the word ‘‘intent’’ with

‘‘intend’’ (see 64 FR 63212). However,

the Agency inadvertently deleted the

words ‘‘do not.’’ Today’s rule reinstates

the words ‘‘do not’’ before ‘‘intend’’ in

§ 63.1210(b)(1)(iv).

C. Corrections to the Related June 19,

1998 Final Rule

1. Gas Turbines Are Added to the List

of Approved Burners for Comparable

Fuels

The June 19, 1998 (63 FR 33783) final

rule establishing the comparable fuels

exclusion allows the burning of

comparable fuels and syngas fuels in

certain combustion sources. We

intended comparable fuels and syngas

fuels to be burned only in those units

capable of managing the excluded

hazardous waste. Commenters noted

that gas turbines are capable of

managing and burning syngas fuels.

However, we inadvertently excluded gas

turbines from the list of approved

comparable/syngas fuel burners.

Today’s action adds gas turbines to the

list of approved comparable/syngas

burners under § 261.38(c)(ii)(2).

D. Clarifications of the September 30,

1999 Final Rule

1. Clarification That the Emergency

Safety Vent Operating Plan Is To Be

Kept in the Operating Record

The preamble to the September 30,

1999 rule states on page 52907 that if

you use an emergency safety vent (ESV)

in your system design, then you must

develop and submit an ESV operating

plan with the DOC and NOC. However,

there are no requirements in

§ 63.1206(c)(4)(ii) for submitting the

plan because we intended that an ESV

operating plan must only be kept in the

facility’s operating record. The Agency

wishes to clarify today that the

preamble language requiring submittal

of the plan with the DOC and NOC is

incorrect and should be disregarded.

The ESV operating plan need only be

kept in the source’s operating record.

2. Preamble Language Regarding a TenMinute Average Limit for pH for HCl

and Cl2 Is Incorrect

In § 63.1209, paragraph (o)(3)(iv)

requires owners/operators of

combustion facilities using wet

scrubbers to control hydrochloric acid

and chlorine gas to establish a limit on

the minimum pH on an hourly rolling

average basis (see 64 FR 53062).

However, the preamble states that the

minimum pH must be established by a

dual ten-minute and hourly rolling

average (see 64 FR 52952). As several

stakeholders pointed out, earlier in the

preamble (64 FR 52920) the Agency

concluded that, although there may be

site-specific circumstances that warrant

Federal Register / Vol. 65, No. 132 / Monday, July 10, 2000 / Rules and Regulations 42295

1For instance, one of the sections in this

document states ‘‘therefore, we have decided to

follow commenters suggestions and allow a oneminute averaging period to account for small

fluctuations in combustion chamber pressure due to

inaccurate readings of the monitor or feeding

practices that lead to brief increases in combustion

pressure.’’ See Final Response to Comments to the

Proposed HWC MACT Standards, Volume II,

Section Titled ‘‘Combustion Fugitive Emissions

Maximum Pressure Limit,’’ pages 5 and 6.

2We note that the decision not to allow the use

of averaging periods to comply with

§ 63.1206(c)(5)(i)(B) is reflected in the September

30, 1999 preamble (see 64 FR 52920) and the July

1999 Final Technical Support Document, Volume

IV, Chapter 2, Section 2.2.1, and Chapter 8.

3The provisions of subpart EEE apply to each

source firing hazardous waste on the effective date

of the rule unless a source can demonstrate that it

is exempt from subpart EEE because the source is

in compliance with one of the three provisions

identified in table 1 to § 63.1200.

shorter than one hour in duration, the

ten-minute rolling average is not

appropriate for a national regulation.

The Agency wishes to clarify that the

regulatory language is correct, and that

the preamble language found on page

52952 is incorrect and should be

disregarded.

3. Preamble Language Regarding Manual

Stack Methods for Compliance With the

HCl and Cl2 Standards Is Incorrect

On page 52958, we state that for

compliance with the hydrochloric acid

and chlorine standards, you must use

Method 26A in 40 CFR part 60,

appendix A. We also go on to say that

we reject other methods for HCl and Cl2

compliance. These preamble statements

are in error and should be disregarded.

In the final regulatory language we

allow the use of Methods 261, 320, or

321 for compliance.

4. The Response to Comments

Associated With Combustion System

Leaks Is Incorrect

The September 30, 1999 rule states

that a source must control combustion

system leaks by: (1) Keeping the

combustion zone sealed to prevent

combustion system leaks; (2)

maintaining the maximum combustion

zone pressure lower than ambient

pressure using an instantaneous

monitor; or, (3) upon written approval

of the Administrator, using an

alternative means of control to provide

control of combustion system leaks

equivalent to maintenance of

combustion pressure lower than

ambient pressure (see § 63.1206(c)(5)).

In our response to comments on the

proposed rule (see US EPA, ‘‘Final

Response to Comments to the Proposed

HWC MACT Standards: Volume II,’’

July 1999) we incorrectly implied that it

would be appropriate for a source to use

a one-minute averaging period to

comply with the provisions of option 2

above.1

The Agency today clarifies that the

response to comments language is

incorrect. We considered the

commenters’ suggested approach of

allowing the use of one-minute

averaging periods to comply with option

2 (i.e., § 63.1206(c)(5)(i)(B)), but later

rejected the approach because it did not

assure fugitive emissions would be

adequately controlled. The response to

comments document represents an

earlier point of view and inadvertently

was not updated to reflect our final

position.2

5. Clarification of Applicability of

Subpart EEE to Facilities Previously

Subject to Title V Permitting

Following promulgation of the

September 30, 1999 rule, we received a

number of questions regarding the

applicability of subpart EEE to sources

that operate, or are being constructed/

reconstructed, at facilities previously

subject to, or in possession of, a title V

permit. These questions arise in

response to the rule language of 40 CFR

63.1200 (a)(2) where we state that,

‘‘Both area sources and major sources,

not previously subject to title V

permitting, are immediately subject to

the requirement to apply for and obtain

a title V permit in all States, and in areas

covered by part 71 of this chapter.’’ In

today’s correction document we are

clarifying that the provisions of subpart

EEE apply to each hazardous waste

burning incinerator, cement kiln, and

lightweight aggregate kiln individually

firing hazardous waste on, or following,

the effective date of the final rule

(September 30, 1999).3 This includes

individual affected sources operating at

facilities currently in possession of a

title V permit due to other regulated

activities at the facility. The language of

§ 63.1200(a)(2) in no way limits the

need for facilities currently in

possession of a title V permit to fulfill

the requirements of subpart EEE as they

apply to each affected source operating

at the facility. Section 63.1200(a)(2) is

only meant to state that facilities in

possession of a title V permit do not

have to apply for a new title V permit

for the hazardous waste burning

activities regulated by subpart EEE. Our

presumption in promulgating

§ 63.1200(a)(2) is that sources currently

in possession of a title V permit must

follow the applicable requirements of

the general provisions found at 40 CFR

part 63, subpart A, and the permit

revision provisions of 40 CFR part 71,

subpart A.

6. Operator Training and Certification

Requirement Is Clarified

Many stakeholders have expressed

concern that the operator training and

certification requirements under

§ 63.1206(c)(6) could be interpreted to

require virtually every employee at the

facility to pass a technical training and

certification program equivalent to that

of the American Society of Mechanical

Engineers (ASME) QHO–1 program.

These stakeholders note that a formal

technical training and certification

program is not necessary or appropriate

for employees holding positions not

related to the emissions control aspects

of facilities operations—such as some of

the administrative staff, quarry workers

and raw material handlers.

We agree and are clarifying today that

we neither intended the facility to

subject all personnel to the training and

certification program requirements nor

intended the facility to establish a single

training and certification program

applicable to all categories of personnel

whose activities may reasonably be

expected to directly affect emissions of

hazardous air pollutants. Instead, we

contemplated a source having several

programs suitable for each category of

personnel, and that for control room

operators and shift supervisors, the

training and certification program

would certainly be of a technical level

similar to ASME QHO–1. For personnel

whose activities may reasonably be

expected to directly affect emissions,

the certification may simply consist of

documentation that they successfully

completed a training program

commensurate with the level of

responsibility for the particular

position. Personnel such as quarry

operators, raw material workers,

finished product handlers, some types

of process monitoring operations, and

much of the administrative staff whose

activities are not expected to directly

affect emissions of hazardous air

pollutants from the source are exempted

from the operator training and

certification requirements of

§ 63.1206(c)(6).

7. Part 60, Appendix A, Method 5i,

Section 12.2b—Relative Standard

Deviation (RSD) Criteria for Emissions

Less Than 1 mg/dscm Are Clarified

Part 60, appendix A, Method 5i,

section 12.2b includes a graduated

precision criteria for eliminating

imprecise data. Section 12.2a includes a

simplified equation for calculating the

precision criteria, called the Relative

Standard Deviation, or RSD. The

proposal to include a precision criteria

in Method 5i was widely endorsed.

42296 Federal Register / Vol. 65, No. 132 / Monday, July 10, 2000 / Rules and Regulations

The precision criteria currently state

that if the average of paired train data

is greater than 10 mg/dscm, the

resulting RSD must not be greater than

10%. At a paired train data average of

1 mg/dscm, the RSD must not be greater

than 25%. Between 1 and 10 mg/dscm,

the RSD is linearly scaled from 25 to

10% based on the actual mean value

recorded. The method is silent about

what the RSD is if the mean emissions

are less than 1 mg/dscm.

We intended there to be no RSD

criteria if the average emissions from the

paired data trains is less than 1 mg/

dscm. In other words, no precision

criteria exist and all average results less

than 1 mg/dscm are acceptable.

IV. Administrative 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 I above, that

this action is not subject to notice-andcomment 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) (Public Law 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 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 rule

is discussed in the September 30, 1999

Federal Register document.

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 therefor, and established an

effective date of July 10, 2000. 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).

V. Immediate Effective Date

EPA is making this rule effective

immediately. The rule adopts

amendments which are purely technical

in that they correct mistakes which are

clearly inconsistent with the Agency’s

stated intent. This rule also clarifies

ambiguities or errors in preamble

statements to help stakeholders better

understand the regulations themselves.

Comment on such changes is

unnecessary within the meaning of 5

U.S.C. 553(b)(3)(B). For the same

reasons, there is good cause to make the

rule effective immediately pursuant to 5

U.S.C. 553 (d)(3).

List of Subjects

40 CFR Part 60

Environmental protection,

Administrative practice and procedure,

Air pollution control, Aluminum,

Ammonium sulfate plants, Batteries,

Beverages, Carbon monoxide, Cement

industry, Coal, Copper, Dry cleaners,

Electric power plants, Fertilizers,

Fluoride, Gasoline, Glass and glass

products, Grains, Graphic arts industry,

Heaters, Household appliances,

Insulation, Intergovernmental relations,

Iron, Labeling, Lead, Lime, Metallic and

nonmetallic mineral processing plants,

Metals, Motor vehicles, Natural gas,

Nitric acid plants, Nitrogen dioxide,

Paper and paper products industry,

Particulate matter, Paving and roofing

materials, Petroleum, Phosphate,

Plastics materials and synthetics,

Polymers, Reporting and recordkeeping

requirements, Sewage disposal, Steel,

Sulfur oxides, Sulfuric acid plants,

Tires, Urethane, Vinyl, Volatile organic

compounds, Waste treatment and

disposal, Zinc.

40 CFR Part 63

Environmental protection, Air

pollution control, Hazardous

substances, Reporting and

recordkeeping requirements.

40 CFR Part 261

Environmental protection,

Comparable fuels, Syngas fuels,

Excluded hazardous waste, Hazardous

waste, 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: June 13, 2000.

Michael Shapiro,

Principal Deputy Assistant Administrator,

Office of Solid Waste and Emergency

Response.

For the reasons set out in the

preamble, title 40 of the Code of Federal

Regulations is amended as follows:

PART 60—STANDARDS OF

PERFORMANCE FOR NEW

STATIONARY SOURCES

1. The authority citation for part 60

continues to read as follows:

Authority: 42 U.S.C. 7401, 7411, 7414,

7416, 7429, and 7601.

Federal Register / Vol. 65, No. 132 / Monday, July 10, 2000 / Rules and Regulations 42297

2. Appendix A in part 60 is amended

by revising paragraph 12.2(b) in test

method 5i to read as follows:

Appendix A—Test Methods

* * * * *

Method 5I—Determination of Low Level

Particulate Matter Emissions From

Stationary Sources

* * * * *

12.2 * * *

b. A minimum precision criteria for

Reference Method PM data is that RSD

for any data pair must be less than 10%

as long as the mean PM concentration

is greater than 10 mg/dscm. If the mean

PM concentration is less than 10 mg/

dscm higher RSD values are acceptable.

At mean PM concentration of 1 mg/

dscm acceptable RSD for paired trains is

25%. Between 1 and 10 mg/dscm

acceptable RSD criteria should be

linearly scaled from 25% to 10%. Pairs

of manual method data exceeding these

RSD criteria should be eliminated from

the data set used to develop a PM CEMS

correlation or to assess RCA. If the mean

PM concentration is less than 1 mg/

dscm, RSD does not apply and the mean

result is acceptable.

* * * * *

PART 63—NATIONAL EMISSION

STANDARDS FOR HAZARDOUS AIR

POLLUTANTS FOR SOURCE

CATEGORIES

3. The authority citation for part 63

continues to read as follows:

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

Subpart EEE—National Emission

Standards for Hazardous Air Pollutants

from Hazardous Waste Combustors

4. Section 63.1200 is amended by

revising Table 1 in paragraph (b) to read

as follows:

§ 63.1200 Who is subject to these

regulations?

* * * * *

(b) * * *

TABLE 1 TO § 63.1200.—HAZARDOUS WASTE COMBUSTORS EXEMPT FROM SUBPART EEE

If And if Then

(1) You are a previously affected

source.

(i) You ceased feeding hazardous waste for a period of time greater

than the hazardous waste residence time (i.e., hazardous waste no

longer resides in the combustion chamber);.

(ii) You have initiated the closure requirements of subpart G, parts

264 or 265 of this chapter;.

(iii) You begin complying with the requirements of all other applicable

standards of this part (Part 63); and.

(iv) You notify the Administrator in writing that you are no longer an

affected source under this subpart (Subpart EEE).

You are no longer subject to this

subpart (Subpart EEE).

(2) You are a research, development, and demonstration source.You operate for no longer than one year after first burning hazardous

waste (Note that the Administrator can extent this one-year restriction on a case-by-case basis upon your written request documenting when you first burned hazardous waste and the justification for needing additional time to perform research, development,

or demonstration operations.).

You are not subject to this subpart

(Subpart EEE). This exemption

applies even if there is a hazardous waste combustor at the

plant site that is regulated under

this subpart. You still, however,

remain subject to § 270.65 of

this chapter.

(3) The only hazardous wastes you

burn are exempt from regulation

under § 266.100(c) of this chapter.

................................................................................................................ You are not subject to the requirements of this subpart (Subpart

EEE).

* * * * *

5. Section 63.1201 is amended by

revising the definition of Automatic

waste feed cutoff (AWFCO) system in

paragraph (a) to read as follows:

§ 63.1201 Definitions and acronyms used

in this subpart.

(a) * * *

Automatic waste feed cutoff (AWFCO)

system means a system comprised of

cutoff valves, actuator, sensor, data

manager, and other necessary

components and electrical circuitry

designed, operated and maintained to

stop the flow of hazardous waste to the

combustion unit automatically and

immediately (except as provided by

§ 63.1206(c)(3)(viii)) when any operating

requirement is exceeded.

* * * * *

6. Section 63.1203 is amended by

revising paragraphs (a)(3), (a)(4),

(a)(5)(i), and (b)(5)(i) and removing

paragraph (e) to read as follows:

§ 63.1203 What are the standards for

hazardous waste incinerators?

(a) * * *

(3) Lead and cadmium in excess of

240 μg/dscm, combined emissions,

corrected to 7 percent oxygen;

(4) Arsenic, beryllium, and chromium

in excess of 97 μg/dscm, combined

emissions, corrected to 7 percent

oxygen;

(5) * * *

(i) Carbon monoxide in excess of 100

parts per million by volume, over an

hourly rolling average (monitored

continuously with a continuous

emissions monitoring system), dry basis

and corrected to 7 percent oxygen. If

you elect to comply with this carbon

monoxide standard rather than the

hydrocarbon standard under paragraph

(a)(5)(ii) of this section, you must also

document that, during the destruction

and removal efficiency (DRE) test runs

or their equivalent as provided by

§ 63.1206(b)(7), hydrocarbons do not

exceed 10 parts per million by volume

during those runs, over an hourly

rolling average (monitored continuously

with a continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane; or

* * * * *

(b) * * *

(5) * * *

(i) Carbon monoxide in excess of 100

parts per million by volume, over an

hourly rolling average (monitored

continuously with a continuous

emissions monitoring system), dry basis

and corrected to 7 percent oxygen. If

you elect to comply with this carbon

monoxide standard rather than the

hydrocarbon standard under paragraph

(b)(5)(ii) of this section, you must also

42298 Federal Register / Vol. 65, No. 132 / Monday, July 10, 2000 / Rules and Regulations

document that, during the destruction

and removal efficiency (DRE) test runs

or their equivalent as provided by

§ 63.1206(b)(7), hydrocarbons do not

exceed 10 parts per million by volume

during those runs, over an hourly

rolling average (monitored continuously

with a continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane; or

* * * * *

7. Section 63.1204 is amended by

revising paragraphs (a)(5)(i)(A),

(a)(5)(ii)(B), and (b)(5)(i)(A)(l) and by

removing and reserving paragraph (g) to

read as follows:

§ 63.1204 What are the standards for

hazardous waste burning cement kilns?

(a) * * *

(5) * * *

(i) * * *

(A) Carbon monoxide in the by-pass

duct or mid-kiln gas sampling system in

excess of 100 parts per million by

volume, over an hourly rolling average

(monitored continuously with a

continuous emissions monitoring

system), dry basis and corrected to 7

percent oxygen. If you elect to comply

with this carbon monoxide standard

rather than the hydrocarbon standard

under paragraph (a)(5)(i)(B) of this

section, you must also document that,

during the destruction and removal

efficiency (DRE) test runs or their

equivalent as provided by

§ 63.1206(b)(7), hydrocarbons in the bypass duct or mid-kiln gas sampling

system do not exceed 10 parts per

million by volume during those runs,

over an hourly rolling average

(monitored continuously with a

continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane; or

* * * * *

(ii) * * *

(B) Carbon monoxide in the main

stack in excess of 100 parts per million

by volume, over an hourly rolling

average (monitored continuously with a

continuous emissions monitoring

system), dry basis and corrected to 7

percent oxygen. If you elect to comply

with this carbon monoxide standard

rather than the hydrocarbon standard

under paragraph (a)(5)(ii)(A) of this

section, you also must document that,

during the destruction and removal

efficiency (DRE) test runs or their

equivalent as provided by

§ 63.1206(b)(7), hydrocarbons in the

main stack do not exceed 20 parts per

million by volume during those runs,

over an hourly rolling average

(monitored continuously with a

continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane.

* * * * *

(b) * * *

(5) * * *

(i) * * *

(A) * * *

(1) Carbon monoxide in excess of 100

parts per million by volume, over an

hourly rolling average (monitored

continuously with a continuous

emissions monitoring system), dry basis

and corrected to 7 percent oxygen. If

you elect to comply with this carbon

monoxide standard rather than the

hydrocarbon standard under paragraph

(b)(5)(i)(A)(2) of this section, you also

must document that, during the

destruction and removal efficiency

(DRE) test runs or their equivalent as

provided by § 63.1206(b)(7),

hydrocarbons do not exceed 10 parts per

million by volume during those runs,

over an hourly rolling average

(monitored continuously with a

continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane; or

* * * * *

8. Section 63.1205 is amended by

revising paragraph (a)(5)(i); by

redesignating paragraph (b)(5)

introductory text as paragraph (b)(5)(i)

and revising it; and by removing

paragraph (e), to read as follows:

§ 63.1205 What are the standards for

hazardous waste burning lightweight

aggregate kilns?

(a) * * *

(5) * * *

(i) Carbon monoxide in excess of 100

parts per million by volume, over an

hourly rolling average (monitored

continuously with a continuous

emissions monitoring system), dry basis

and corrected to 7 percent oxygen. If

you elect to comply with this carbon

monoxide standard rather than the

hydrocarbon standard under paragraph

(a)(5)(ii) of this section, you also must

document that, during the destruction

and removal efficiency (DRE) test runs

or their equivalent as provided by

§ 63.1206(b)(7), hydrocarbons do not

exceed 20 parts per million by volume

during those runs, over an hourly

rolling average (monitored continuously

with a continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane; or

* * * * *

(b) * * *

(5) Carbon monoxide and

hydrocarbons. (i) Carbon monoxide in

excess of 100 parts per million by

volume, over an hourly rolling average

(monitored continuously with a

continuous emissions monitoring

system), dry basis and corrected to 7

percent oxygen. If you elect to comply

with this carbon monoxide standard

rather than the hydrocarbon standard

under paragraph (b)(5)(ii) of this section,

you also must document that, during the

destruction and removal efficiency

(DRE) test runs or their equivalent as

provided by § 63.1206(b)(7),

hydrocarbons do not exceed 20 parts per

million by volume during those runs,

over an hourly rolling average

(monitored continuously with a

continuous emissions monitoring

system), dry basis, corrected to 7

percent oxygen, and reported as

propane; or

* * * * *

9. Section 63.1206 is amended by

revising paragraph (b)(5)(i) introductory

text, (b)(5)(i)(C)(1), (b)(5)(iii), and

(c)(6)(i) to read as follows:

§ 63.1206 When and how must you comply

with the standards and operating

requirements?

* * * * *

(b) * * *

(5) Changes in design, operation, or

maintenance. (i) Changes that may

adversely affect compliance. If you plan

to change (as defined in paragraph

(b)(5)(iii) of this section) the design,

operation, or maintenance practices of

the source in a manner that may

adversely affect compliance with any

emission standard that is not monitored

with a CEMS:

* * * * *

(C) * * *

(1) Except as provided by paragraph

(b)(5)(i)(C)(2) of this section, after the

change and prior to submitting the

notification of compliance, you must

not burn hazardous waste for more than

a total of 720 hours (renewable at the

discretion of the Administrator) and

only for the purposes of pretesting or

comprehensive performance testing.

Pretesting is defined at § 63.1207(h)(2)(i)

and (ii).

* * * * *

(iii) Definition of ‘‘change.’’ For

purposes of paragraph (b)(5) of this

section, ‘‘change’’ means any change in

design, operation, or maintenance

practices that were documented in the

comprehensive performance test plan,

Notification of Compliance, or startup,

shutdown, and malfunction plan.

* * * * *

(c) * * *

Federal Register / Vol. 65, No. 132 / Monday, July 10, 2000 / Rules and Regulations 42299

(6) Operator training and certification.

(i) You must establish training programs

for all categories of personnel whose

activities may reasonably be expected to

directly affect emissions of hazardous

air pollutants from the source. Such

persons include, but are not limited to,

chief facility operators, control room

operators, continuous monitoring

system operators, persons that sample

and analyze feedstreams, persons that

manage and charge feedstreams to the

combustor, persons that operate

emission control devices, and ash and

waste handlers. Each training program

shall be of a technical level

commensurate with the person’s job

duties specified in the training manual.

Each commensurate training program

shall require an examination to be

administered by the instructor at the

end of the training course. Passing of

this test shall be deemed the

‘‘certification’’ for personnel, except that

for control room operators and shift

supervisors, the training and

certification program shall be as

specified in paragraphs (c)(6)(iii) and

(iv) of this section.

* * * * *

10. Section 63.1207 is amended by

revising paragraphs (f)(1)(ii)(A),

(f)(1)(ii)(B), (f)(1)(ix), (f)(1)(x), (f)(1)(xi),

(f)(1)(xii), (h)(2) introductory text, and

(j)(1)(i); redesignating paragraph

(f)(1)(xiii) as (f)(1)(xxvi); and adding

paragraphs (f)(1)(xiii) through

(f)(1)(xxv), to read as follows:

§ 63.1207 What are the performance

testing requirements?

* * * * *

(f) * * *

(1) * * *

(ii) * * *

(A) An identification of such organic

hazardous air pollutants that are present

in the feedstream, except that you need

not analyze for organic hazardous air

pollutants that would reasonably not be

expected to be found in the feedstream.

You must identify any constituents you

exclude from analysis and explain the

basis for excluding them. You must

conduct the feedstream analysis

according to § 63.1208(b)(8).;

(B) An approximate quantification of

such identified organic hazardous air

pollutants in the feedstreams, within the

precision produced by the analytical

procedures of § 63.1208(b)(8); and

* * * * *

(ix) A determination of the hazardous

waste residence time as required by

§ 63.1206(b)(11);

(x) If you are requesting to extrapolate

metal feedrate limits from

comprehensive performance test levels

under §§ 63.1209(l)(1)(i) or

63.1209(n)(2)(ii))(A):

(A) A description of the extrapolation

methodology and rationale for how the

approach ensures compliance with the

emission standards;

(B) Documentation of the historical

range of normal (i.e., other than during

compliance testing) metals feedrates for

each feedstream;

(C) Documentation that the level of

spiking recommended during the

performance test will mask sampling

and analysis imprecision and

inaccuracy to the extent that

extrapolation of feedrates and emission

rates from performance test data will be

as accurate and precise as if full spiking

were used;

(xi) If you do not continuously

monitor regulated constituents in

natural gas, process air feedstreams, and

feedstreams from vapor recovery

systems under § 63.1209(c)(5), you must

include documentation of the expected

levels of regulated constituents in those

feedstreams;

(xii) Documentation justifying the

duration of system conditioning

required to ensure the combustor has

achieved steady-state operations under

performance test operating conditions,

as provided by paragraph (g)(1)(iii) of

this section;

(xiii) For cement kilns with in-line

raw mills, if you elect to use the

emissions averaging provision of

§ 63.1204(d), you must notify the

Administrator of your intent in the

initial (and subsequent) comprehensive

performance test plan, and provide the

information required under

§ 63.1204(d)(ii)(B).

(xiv) For preheater or preheater/

precalciner cement kilns with dual

stacks, if you elect to use the emissions

averaging provision of § 63.1204(e), you

must notify the Administrator of your

intent in the initial (and subsequent)

comprehensive performance test plan,

and provide the information required

under § 63.1204(e)(2)(iii)(A).

(xv) For incinerators and lightweight

aggregate kilns equipped with a

baghouse, you must submit the

baghouse operation and maintenance

plan required under § 63.1206(c)(7)(ii)

with the initial comprehensive

performance test plan.

(xvi) If you are not required to

conduct performance testing to

document compliance with the

mercury, semivolatile metal, low

volatile metal, or hydrochloric acid/

chlorine gas emission standards under

paragraph (m) of this section, you must

include with the comprehensive

performance test plan documentation of

compliance with the provisions of that

section.

(xvii) If you propose to use a surrogate

for measuring or monitoring gas

flowrate, you must document in the

comprehensive performance test plan

that the surrogate adequately correlates

with gas flowrate, as required by

paragraph (m)(7) of this section, and

§ 63.1209(j)(2), (k)(3), (m)(2)(i), (m)(5)(i),

and (o)(2)(i).

(xviii) You must submit an

application to request alternative

monitoring under § 63.1209(g)(1) not

later than with the comprehensive

performance test plan, as required by

§ 63.1209(g)(1)(iii)(A).

(xix) You must document the

temperature location measurement in

the comprehensive performance test

plan, as required by §§ 63.1209(j)(1)(i)

and 63.1209(k)(2)(i).

(xx) If your source is equipped with

activated carbon injection, you must

document in the comprehensive

performance test plan:

(A) The manufacturer specifications

for minimum carrier fluid flowrate or

pressure drop, as required by

§ 63.1209(k)(6)(ii); and

(B) Key parameters that affect carbon

adsorption, and the operating limits you

establish for those parameters based on

the carbon used during the performance

test, if you elect not to specify and use

the brand and type of carbon used

during the comprehensive performance

test, as required by § 63.1209(k)(6)(iii).

(xxi) If your source is equipped with

a carbon bed system, you must include

in the comprehensive performance test

plan:

(A) A recommended schedule for

conducting a subsequent performance

test to document compliance with the

dioxin/furan and mercury emission

standards if you use manufacturer

specifications rather than actual bed age

at the time of the test to establish the

initial limit on bed age, as required by

§ 63.1209(k)(7)(i)(C); and

(B) Key parameters that affect carbon

adsorption, and the operating limits you

establish for those parameters based on

the carbon used during the performance

test, if you elect not to specify and use

the brand and type of carbon used

during the comprehensive performance

test, as required by § 63.1209(k)(7)(ii).

(xxii) If you feed a dioxin/furan

inhibitor into the combustion system,

you must document in the

comprehensive performance test plan

key parameters that affect the

effectiveness of the inhibitor, and the

operating limits you establish for those

parameters based on the inhibitor fed

during the performance test, if you elect

not to specify and use the brand and

42300 Federal Register / Vol. 65, No. 132 / Monday, July 10, 2000 / Rules and Regulations

type of inhibitor used during the

comprehensive performance test, as

required by § 63.1209(k)(9)(ii).

(xxiii) If your source is equipped with

a wet scrubber and you elect to monitor

solids content of the scrubber liquid

manually but believe that hourly

monitoring of solids content is not

warranted, you must support an

alternative monitoring frequency in the

comprehensive performance test plan,

as required by

§ 63.1209(m)(1)(i)(B)(1)(i).

(xxiv) If your source is equipped with

a particulate matter control device other

than a wet scrubber, baghouse, or

electrostatic precipitator, you must

include in the comprehensive

performance test plan:

(A) Documentation to support the

operating parameter limits you establish

for the control device, as required by

§ 63.1209(m)(1)(iv)(A)(4); and

(B) Support for the use of

manufacturer specifications if you

recommend such specifications in lieu

of basing operating limits on

performance test operating levels, as

required by § 63.1209(m)(1)(iv)(D).

(xxv) If your source is equipped with

a dry scrubber to control hydrochloric

acid and chlorine gas, you must

document in the comprehensive

performance test plan key parameters

that affect adsorption, and the limits

you establish for those parameters based

on the sorbent used during the

performance test, if you elect not to

specify and use the brand and type of

sorbent used during the comprehensive

performance test, as required by

§ 63.1209(o)(4)(iii)(A); and

* * * * *

(h) * * *

(2) Current operating parameter limits

are also waived during pretesting

prescribed in the approved test plan

prior to comprehensive performance

testing for an aggregate time not to

exceed 720 hours of operation

(renewable at the discretion of the

Administrator). Pretesting means:

* * * * *

(j) * * *

(1) * * *

(i) Within 90 days of completion of a

comprehensive performance test, you

must postmark a Notification of

Compliance documenting compliance or

noncompliance with the emission

standards and continuous monitoring

system requirements, and identifying

operating parameter limits under

§ 63.1209.

* * * * *

11. Section 63.1209 is amended by

revising the word ‘‘standards’’ in the

first sentence of paragraph (a)(7) to read

‘‘standard’’ and by revising paragraphs

(a)(1)(i), (a)(1)(iii), (a)(6)(iii)(A), (b)(2)

introductory text, (l)(1), (l)(3), (l)(4),

(m)(3), (n)(2)(i)(A), (B) and (C), (n)(4),

and (o)(1) to read as follows:

§ 63.1209 What are the monitoring

requirements?

(a) * * *

(1)(i) You must use either a carbon

monoxide or hydrocarbon CEMS to

demonstrate and monitor compliance

with the carbon monoxide and

hydrocarbon standard under this

subpart. You must also use an oxygen

CEMS to continuously correct the

carbon monoxide or hydrocarbon level

to 7 percent oxygen.

* * * * *

(iii) You must install, calibrate,

maintain, and operate a particulate

matter CEMS to demonstrate and

monitor compliance with the particulate

matter standards under this subpart.

However, compliance with the

requirements in this section to install,

calibrate, maintain and operate the PM

CEMS is not required until such time

that the Agency promulgates all

performance specifications and

operational requirements applicable to

PM CEMS.

* * * * *

(6) * * *

(iii) Calculation of rolling averages

when the hazardous waste feed is cutoff.

(A) Except as provided by paragraph

(a)(6)(iii)(B) of this section, you must

continue monitoring carbon monoxide

and hydrocarbons when the hazardous

waste feed is cutoff if the source is

operating. You must not resume feeding

hazardous waste if the emission levels

exceed the standard.

* * * * *

(b) * * *

(2) Except as specified in paragraphs

(b)(2)(i) and (ii) of this section, you must

install and operate continuous

monitoring systems other than CEMS in

conformance with § 63.8(c)(3) that

requires you, at a minimum, to comply

with the manufacturer’s written

specifications or recommendations for

installation, operation, and calibration

of the system:

* * * * *

(l) * * *

(1) Feedrate of total mercury. You

must establish a 12-hour rolling average

limit for the total feedrate of mercury in

all feedstreams as the average of the test

run averages, unless mercury feedrate

limits are extrapolated from

performance test feedrate levels under

the following provisions.

* * * * *

(3) Activated carbon injection. If your

combustor is equipped with an

activated carbon injection system, you

must establish operating parameter

limits prescribed by paragraph (k)(6) of

this section.

(4) Activated carbon bed. If your

combustor is equipped with a carbon

bed system, you must establish

operating parameter limits prescribed by

paragraph (k)(7) of this section.

* * * * *

(m) * * *

(3) Maximum ash feedrate. Owners

and operators of hazardous waste

incinerators must establish a maximum

ash feedrate limit as the average of the

test run averages.

* * * * *

(n) * * *

(2) * * *

(i) * * *

(A) You must establish a 12-hour

rolling average limit for the feedrate of

cadmium and lead, combined, in all

feedstreams as the average of the test

run averages;

(B) You must establish a 12-hour

rolling average limit for the feedrate of

arsenic, beryllium, and chromium,

combined, in all feedstreams as the

average of the test run averages; and

(C) You must establish a 12-hour

rolling average limit for the feedrate of

arsenic, beryllium, and chromium,

combined, in all pumpable feedstreams

as the average of the test run averages.

Dual feedrate limits for both pumpable

and total feedstreams are not required,

however, if you base the total feedrate

limit solely on the feedrate of pumpable

feedstreams.

* * * * *

(4) Maximum total chlorine and

chloride feedrate. You must establish a

12-hour rolling average limit for the

feedrate of total chlorine and chloride in

all feedstreams as the average of the test

run averages.

* * * * *

(o) * * *

(1) Feedrate of total chlorine and

chloride. You must establish a 12-hour

rolling average limit for the total

feedrate of chlorine (organic and

inorganic) in all feedstreams as the

average of the test run averages.

* * * * *

12. Section 63.1210 is amended by

revising paragraphs (b)(1)(iv)

introductory text and (c)(2) to read as

follows:

§ 63.1210 What are the notification

requirements?

* * * * *

(b) * * *

(1) * * *

Federal Register / Vol. 65, No. 132 / Monday, July 10, 2000 / Rules and Regulations 42301

(iv) If you do not intend to comply,

but will not stop burning hazardous

waste by October 1, 2001, a certification

that:

* * * * *

(c) * * *

(2) You must submit a summary of the

meeting, along with the list of attendees

and their addresses, developed under

paragraph (c)(1) of this section, and

copies of any written comments or

materials submitted at the meeting, to

the Administrator as part of the final

NIC, in accordance with paragraph

(b)(1)(iii) of this section.

* * * * *

13. Section 63.1211 is amended by

revising the table in paragraph (c) to

read as follows:

§ 63.1211 What are the recordkeeping and

reporting requirements?

* * * * *

(c) * * *

Reference Document, data, or information

63.1201(a), 63.10(b) and (c) ................ General. Information required to document and maintain compliance with the regulations of this Subpart

EEE, including data recorded by continuous monitoring systems (CMS), and copies of all notifications, reports, plans, and other documents submitted to the Administrator.

63.1211(d) ............................................ Documentation of compliance.

63.1206(c)(3)(vii) .................................. Documentation and results of the automatic waste feed cutoff operability testing.

63.1209(c)(2) ........................................ Feedstream analysis plan.

63.1204(d)(3) ........................................ Documentation of compliance with the emission averaging requirements for cement kilns with in-line

raw mills.

63.1204(e)(3) ........................................ Documentation of compliance with the emission averaging requirements for preheater or preheater/

precalciner kilns with dual stacks.

63.1206(b)(1)(ii)(B) ............................... If you elect to comply with all applicable requirements and standards promulgated under authority of

the Clean Air Act, including Sections 112 and 129, in lieu of the requirements of this Subpart EEE

when not burning hazardous waste, you must document in the operating record that you are in compliance with those requirements.

63.1206(c)(2) ........................................ Startup, shutdown, and malfunction plan.

63.1206(c)(3)(v) .................................... Corrective measures for any automatic waste feed cutoff that results in an exceedance of an emission

standard or operating parameter limit.

63.1206(c)(4)(ii) .................................... Emergency safety vent operating plan.

63.1206(c)(4)(iii) ................................... Corrective measures for any emergency safety vent opening.

63.1206(c)(5)(ii) .................................... Method used for control of combustion system leaks.

63.1206(c)(6) ........................................ Operator training and certification program.

63.1206(c)(7)(i)(D) ................................ Operation and maintenance plan.

63.1209(k)(6)(iii), 63.1209(k)(7)(ii),

63.1209(k)(9)(ii), 63.1209(o)(4)(iii).

Documentation that a substitute activated carbon, dioxin/furan formation reaction inhibitor, or dry scrubber sorbent will provide the same level of control as the original material.

* * * * *

14. Section 63.1212 is amended by

revising paragraphs (a)(2), (b)(1), and

(b)(2) introductory text to read as

follows:

§ 63.1212 What are the other requirements

pertaining to the NIC and associated

progress reports?

(a) * * *

(2) An authorized representative is the

same as a ‘‘responsible official’’ as

defined under § 63.2.

(b) * * *

(1) If you begin to burn hazardous

waste after September 30, 1999 but prior

to June 30, 2000 you must comply with

the requirements of §§ 63.1206(a)(3),

63.1210(b) and (c), 63.1211(b), and

paragraph (a) of this section, and

associated time frames for public

meetings and document submittals.

(2) If you intend to begin burning

hazardous waste after June 30, 2000 you

must comply with the requirements of

§§ 63.1206(a)(3), 63.1210(b) and (c),

63.1211(b), and paragraph (a) of this

section prior to burning hazardous

waste. In addition:

* * * * *

15. The appendix to subpart EEE of

part 63 is amended by revising sections

1.1, and 2.8, redesignating sections c

and d as 3 and 4, respectively, by

revising the header for section 5, and by

revising section 6.5.1 to read as follows:

Appendix to Subpart EEE of Part 63—

Quality Assurance Procedures for

Continuous Emissions Monitors Used

for Hazardous Waste Combustors

* * * * *

1.1 Applicability. These quality

assurance requirements are used to

evaluate the effectiveness of quality

control (QC) and quality assurance (QA)

procedures and the quality of data

produced by continuous emission

monitoring systems (CEMS) that are

used for determining compliance with

the emission standards on a continuous

basis as specified in the applicable

regulation. The QA procedures specified

by these requirements represent the

minimum requirements necessary for

the control and assessment of the

quality of CEMS data used to

demonstrate compliance with the

emission standards provided under this

subpart EEE of part 63. Owners and

operators must meet these minimum

requirements and are encouraged to

develop and implement a more

extensive QA program. These

requirements supersede those found in

part 60, Appendix F, of this chapter.

Appendix F does not apply to

hazardous waste-burning devices.

* * * * *

2.8 Rolling Average. The average

emissions, based on some (specified)

time period, calculated every minute

from a one-minute average of four

measurements taken at 15-second

intervals.

* * * * *

5. Performance Evaluation for CO, O2,

and HC CEMS

* * * * *

6.5.1 One-Minute Average for CO

and HHC CEMS. One-minute averages

are the arithmetic average of the four

most recent 15-second observations and

must be calculated using the following

equation:

c

ci

i

=

=

∑ 4 1

4

Where:

c

 ̄ = the one minute average

ci = a fifteen-second observation from

the CEM

Fifteen second observations must not

be rounded or smoothed. Fifteen-second

observations may be disregarded only as

a result of a failure in the CEMS and

allowed in the source’s quality

42302 Federal Register / Vol. 65, No. 132 / Monday, July 10, 2000 / Rules and Regulations

assurance plan at the time of the CEMS

failure. One-minute averages must not

be rounded, smoothed, or disregarded.

* * * * *

PART 261—IDENTIFICATION AND

LISTING OF HAZARDOUS WASTE

16. The authority citation for part 261

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921,

6922, and 6938.

17. Section 261.38 is amended by

adding paragraph (c)(2)(iv) to read as

follows:

§ 261.38 Comparable/Syngas Fuel

Exclusion.

* * * * *

(c) * * *

(2) * * *

(iv) Gas turbines used to produce

electric power, steam, heated or cooled

air, or other gases or fluids for sale.

* * * * *

PART 270—EPA ADMINISTERED

PERMIT PROGRAMS: THE

HAZARDOUS WASTE PERMIT

PROGRAM

18. The authority citation for part 270

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912, 6924,

6925, 6927, 6939, and 6974.

19. Section 270.42 is amended by

revising paragraph (j)(1) to read as

follows:

§ 270.42 Permit modification at the request

of the permittee.

* * * * *

(j) * * *

(1) Facility owners or operators must

comply with the Notification of Intent to

Comply (NIC) requirements of 40 CFR

63.1210(b) and (c) before a permit

modification can be requested under

this section.

* * * * *

[FR Doc. 00–16515 Filed 7–7–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 000623193–0193–01; I.D.

060800D]

Fisheries of the Exclusive Economic

Zone Off Alaska; Prohibited Species

Catch in the Bering Sea and Aleutian

Islands

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final 2000 harvest

specifications; technical amendment.

SUMMARY: NMFS issues a technical

amendment to the Final 2000 Harvest

Specifications for Groundfish for the

Bering Sea and Aleutian Islands (BSAI).

A revision to Table 7 of the Final 2000

Harvest Specifications, which is

prohibited species bycatch allowances

for the BSAI trawl and non-trawl

groundfish fisheries, is necessary to

reflect reduced prohibited species

bycatch allowances under Amendment

57 to the Fishery Management Plan for

the Groundfish Fishery of the Bering

Sea and Aleutian Islands Area (FMP).

DATES: Effective June 15, 2000, through

2400 hrs A.l.t. December 31, 2000.

FOR FURTHER INFORMATION CONTACT:

Andrew N. Smoker, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

BSAI according to the FMP prepared by

the North Pacific Fishery Management

Council (Council) under authority of the

Magnuson-Stevens Fishery

Conservation and Management Act.

Regulations governing fishing by U.S.

vessels in accordance with the FMP

appear at subpart H of 50 CFR part 600

and 50 CFR part 679.

The Council, at its December 1999

meeting, recommended that the Final

2000 Harvest Specifications include

prohibited species bycatch allowances

proportionally reduced to reflect

reduced prohibited species catch (PSC)

limits under pending Amendment 57.

Because the Final Harvest Specifications

for Groundfish of the BSAI (65 FR 8282,

February 18, 2000) were issued prior to

Amendment 57 being approved by

NMFS and implemented by regulations,

the specifications set forth prohibited

species bycatch allowances for the BSAI

trawl fisheries based on the following

pre-FMP Amendment 57 PSC limits:

Pacific halibut, 3,775 mt; Zone 1 red

king crab, 100,000 animals;

Chionoecetes (C.) opilio, 4,500,000

animals; C. bairdi Zone 1, 900,000; and

C. bairdi Zone 2, 2,550,000 animals.

Under the regulations implementing

Amendment 57 to the FMP (65 FR

31105, May 16, 2000), which became

effective June 15, 2000, the 2000 Pacific

halibut and crab PSC limits for the BSAI

trawl fisheries were reduced to the

following amounts: Pacific halibut,

3,675 mt; Zone 1 red king crab, 97,000

animals; C. opilio, 4,350,000 animals; C.

bairdi Zone 1,830,000; and C. bairdi

Zone 2, 2,520,000 animals. The

corresponding prohibited species

bycatch allowances were reduced

proportionally.

This technical amendment revises

Table 7 of the Final 2000 Harvest

Specifications for Groundfish of the

BSAI accordingly to read as follows:

TABLE 7.—PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL AND NON-TRAWL FISHERIES 1

[All amounts are in metric tons]

Prohibited Species and Zone

Halibut mortality (mt)

BSAI

Herring (mt)

BSAI

Red King

Crab (animals) Zone

1

C. opilio

(animals)

COBLZ 2

C. bairdi (animals)

Zone 1 Zone 2

Trawl Fisheries:

Yellowfin sole ............................................................ 886 169 11655 2,876,579 288,750 1,514,683

January 20–March 31 ........................................ 262

April 1–May 20 .................................................. 196

May 21–July 3 ................................................... 48

July 4–December 31 ......................................... 380

Rocksole/oth. flat/flat sole 3 ...................................... 779 24 42,090 869,934 309,326 504,894

January 20–March 31 ........................................ 448

April 1–July 31 ................................................... 64

July 4–December 31 ......................................... 167

Turbot/sablefish/arrowtooth 4 .................................... .................... 11 .................... 41,043