[Federal Register Volume 65, Number 132 (Monday, July 10, 2000)]
[Rules and Regulations]
[Pages 42292-42302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16515]


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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.

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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 closely-related 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

[[Page 42293]]

Building, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460, at e-
mail address <a href="/cdn-cgi/l/email-protection#e68e89858d839fc88287908f82a6839687c8818990"><span class="__cf_email__" data-cfemail="ff97909c949a86d19b9e89969bbf9a8f9ed1989089">[email protected]</span></a>.

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 Sec. 63.1200
    Table 1 in Sec. 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 Sec. 63.1200 to reflect 
this change.
3. Continuous Monitoring of Both Hydrocarbons and Carbon Monoxide Is 
Not Required: Secs. 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 Secs. 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: 
Secs. 63.1203(e), 63.1204(g), 63.1205(e)
    The regulatory sections that prescribe emission standards for 
hazardous waste burning incinerators (Sec. 63.1203), cement kilns 
(Sec. 63.1204), and lightweight aggregate kilns (Sec. 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: 
Secs. 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 
Sec. 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: Sec. 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 Sec. 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.

[[Page 42294]]

6. Average Limits Are Calculated as the Average of the Test Run 
Averages: Sec. 63.1209
    The preamble to the September 30, 1999 rule states that feedrate 
limits for mercury, semi-volatile metals, low-volatile 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 Sec. 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 low-volatile 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 Sec. 63.1211 Summarizing Recordkeeping Requirements Is 
Corrected
    Today's rule corrects the reference to Sec. 63.1206(c)(7), as well 
as adding a new reference to for Sec. 63.1206(c)(5), to the table of 
recordkeeping requirements found in Sec. 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 Sec. 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 Sec. 63.1211 to Sec. 63.1210, but 
failed to revise the citation of Sec. 63.1211 in Sec. 270.42. We are 
correcting this citation in today's rule.
10. Information Required To Be Included in the Performance Test Plan Is 
Consolidated: Sec. 63.1207(f)(1)
    The rule lists information that must be included in the 
comprehensive performance test plan under Sec. 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 Sec. 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: Sec. 63.1212(a)(2)
    We are revising the definition of a ``responsible official'' 
provided in Sec. 63.1212(a)(2) of the final rule so that it conforms to 
the definition in the Clean Air Act implementing regulations of 
Sec. 63.2. We did not intend to alter the statutory definition though 
Sec. 63.1212(a)(2).
12. Several Citations Are Corrected
    In the Sec. 63.1201(a) definition of an automatic waste feed cutoff 
system, we incorrectly cited Sec. 63.1206(c)(2)(viii) rather than 
Sec. 63.1206(c)(3)(viii). In Sec. 63.1210(c)(2), we incorrectly cited 
paragraph (b)(1) rather than (c)(1). In Secs. 63.1212(b)(1) and (2), we 
incorrectly cited requirements for Sec. 63.1206(a)(2) rather than 
Sec. 63.1206(a)(3). These citations are corrected in today's action.
13. Citation in Table 1 to Sec. 63.1200 Is Corrected
    Table 1 to Sec. 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 
Sec. 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 Sec. 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 Sec. 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 Sec. 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 Ten-Minute Average Limit for pH for 
HCl and Cl<INF>2</INF> Is Incorrect
    In Sec. 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

[[Page 42295]]

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 Cl<INF>2</INF> 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 Cl<INF>2</INF> 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 Sec. 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\
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    \1\ For instance, one of the sections in this document states 
``therefore, we have decided to follow commenters suggestions and 
allow a one-minute 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.
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    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., Sec. 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\
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    \2\ We note that the decision not to allow the use of averaging 
periods to comply with Sec. 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.
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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 
Sec. 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 Sec. 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.
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    \3\ The 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 Sec. 63.1200.
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6. Operator Training and Certification Requirement Is Clarified
    Many stakeholders have expressed concern that the operator training 
and certification requirements under Sec. 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 Sec. 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.

[[Page 42296]]

    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-and-comment requirements under the 
Administrative Procedure Act or any other statute, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded 
Mandates Reform Act of 1995 (UMRA) (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.


[[Page 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:


Sec. 63.1200  Who is subject to these regulations?

* * * * *
    (b) * * *

    Table 1 to Sec.  63.1200.--Hazardous Waste Combustors Exempt From
                               Subpart EEE
------------------------------------------------------------------------
              If                        And if                Then
------------------------------------------------------------------------
(1) You are a previously        (i) You ceased feeding  You are no
 affected source.                hazardous waste for a   longer subject
                                 period of time          to this subpart
                                 greater than the        (Subpart EEE).
                                 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).
(2) You are a research,         You operate for no      You are not
 development, and                longer than one year    subject to this
 demonstration source.           after first burning     subpart
                                 hazardous waste (Note   (Subpart EEE).
                                 that the                This exemption
                                 Administrator can       applies even if
                                 extent this one-year    there is a
                                 restriction on a case-  hazardous waste
                                 by-case basis upon      combustor at
                                 your written request    the plant site
                                 documenting when you    that is
                                 first burned            regulated under
                                 hazardous waste and     this subpart.
                                 the justification for   You still,
                                 needing additional      however, remain
                                 time to perform         subject to Sec.
                                 research,                270.65 of this
                                 development, or         chapter.
                                 demonstration
                                 operations.).
(3) The only hazardous wastes   ......................  You are not
 you burn are exempt from                                subject to the
 regulation under Sec.                                   requirements of
 266.100(c) of this chapter.                             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:


Sec. 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 
Sec. 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:


Sec. 63.1203  What are the standards for hazardous waste incinerators?

    (a) * * *
    (3) Lead and cadmium in excess of 240 <greek-m>g/dscm, combined 
emissions, corrected to 7 percent oxygen;
    (4) Arsenic, beryllium, and chromium in excess of 97 <greek-m>g/
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 Sec. 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

[[Page 42298]]

document that, during the destruction and removal efficiency (DRE) test 
runs or their equivalent as provided by Sec. 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:


Sec. 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 Sec. 63.1206(b)(7), 
hydrocarbons in the by-pass 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 Sec. 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 Sec. 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:


Sec. 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 Sec. 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 Sec. 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:


Sec. 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 Sec. 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) * * *

[[Page 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:


Sec. 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 Sec. 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 Sec. 63.1208(b)(8); and
* * * * *
    (ix) A determination of the hazardous waste residence time as 
required by Sec. 63.1206(b)(11);
    (x) If you are requesting to extrapolate metal feedrate limits from 
comprehensive performance test levels under Secs. 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 Sec. 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 Sec. 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 Sec. 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 
Sec. 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 Sec. 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 Sec. 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 
Sec. 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 Sec. 63.1209(g)(1) not later than with the 
comprehensive performance test plan, as required by 
Sec. 63.1209(g)(1)(iii)(A).
    (xix) You must document the temperature location measurement in the 
comprehensive performance test plan, as required by 
Secs. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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

[[Page 42300]]

type of inhibitor used during the comprehensive performance test, as 
required by Sec. 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 Sec. 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 
Sec. 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 
Sec. 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 
Sec. 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 Sec. 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:


Sec. 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 Sec. 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:


Sec. 63.1210  What are the notification requirements?

* * * * *
    (b) * * *
    (1) * * *

[[Page 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:


Sec. 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),            Documentation that a substitute activated
 63.1209(k)(7)(ii),             carbon, dioxin/furan formation reaction
 63.1209(k)(9)(ii),             inhibitor, or dry scrubber sorbent will
 63.1209(o)(4)(iii).            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:


Sec. 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 Sec. 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 
Secs. 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 Secs. 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, O<INF>2</INF>, 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:
[GRAPHIC][TIFF OMITTED]TR10JY00.004

Where:

c = the one minute average
c<INF>i</INF> = 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

[[Page 42302]]

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:


Sec. 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:


Sec. 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


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