[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Rules and Regulations]
[Pages 45116-45121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22369]



[[Page 45115]]

_______________________________________________________________________

Part VI





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 60



Large Municipal Waste Combustion Units; Emission Guidelines; Final Rule

Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules 
and Regulations

[[Page 45116]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-5879-6]
RIN 2016-AD04


Emission Guidelines for Existing Sources and Standards of 
Performance for New Stationary Sources: Large Municipal Waste 
Combustion Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On December 19, 1995, pursuant to sections 111 and 129 of the 
Clean Air Act, EPA promulgated emission guidelines applicable to 
existing municipal waste combustor (MWC) units and new source 
performance standards applicable to new MWC units. The guidelines and 
standards are codified at 40 CFR Part 60, subparts Cb and Eb, 
respectively. See 60 FR 65387. On April 8, 1997, the United States 
Court of Appeals for the District of Columbia Circuit vacated subparts 
Cb and Eb as they apply to MWC units with the capacity to combust less 
than or equal to 250 tons per day of municipal solid waste (MSW), and 
all cement kilns combusting MSW, consistent with their opinion in Davis 
County Solid Waste Management and Recovery District v. EPA, 101 F.3d 
1395 (D.C. Cir. 1996), as amended, 108 F.3d 1454 (D.C. Cir. 1997). As a 
result, subparts Cb and Eb apply only to MWC units with the capacity to 
combust more than 250 tons per day of MSW per unit (large MWC units).
    This document amends the guidelines and the standards for MWC units 
to make them consistent with the Davis decision and subsequent court 
vacatur order. The guidelines and standards being amended have remained 
in effect for large MWC units since December 19, 1995 because the court 
did not vacate or stay the rules as they apply to these units.
    The amended guidelines and standards result in the 1995 rule being 
applicable only to MWC units with the capacity to combust greater than 
250 tons per day of MSW per unit. In this document, these units are 
referred to as large MWC units or large MWC's.
    The amendments affect the applicability of the guidelines and 
standards, and add supplemental emission limits for four pollutants 
(hydrogen chloride, sulfur dioxide, nitrogen oxides, and lead) to the 
guidelines. The amendments do not add any additional emission limits to 
the standards.
    The 1995 guidelines and standards applied to MWC units at plants 
greater than 35 megagrams per day combustion capacity (approximately 39 
tons per day). Because the amendments restrict coverage of the 1995 
guidelines and standards to only MWC units with combustion capacities 
greater than 250 tons per day consistent with the Davis decision, and 
because no petitions to review the 1995 rules as they applied to large 
MWC units were filed, the Agency does not anticipate receiving adverse 
comments on these amendments.

DATES: The amendments to the guidelines (subpart Cb) and standards 
(subpart Eb) are effective October 24, 1997 unless significant material 
adverse comments are received by September 24, 1997. If significant 
material adverse comments are received on the amendments to either the 
guidelines or the standards, the direct final rule receiving comment 
will be withdrawn.

FOR FURTHER INFORMATION CONTACT: Mr. Walter Stevenson at (919) 541-
5264, Combustion Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711.

SUPPLEMENTARY INFORMATION: A companion proposal to this direct final 
rule is being published in today's Federal Register and is identical to 
this direct final rule. Any comments on the amendments should address 
the proposal. If significant material adverse comments are received by 
the date specified in the proposed amendments, this direct final rule 
will be withdrawn and the comments on the proposed amendments will be 
addressed by EPA in a subsequent final rule. If no significant material 
adverse comments are received on any provision of this direct final 
rule, then no further action will be taken on the companion proposal 
and these amendments will become effective October 24, 1997.
    Also being published in today's Federal Register are technical 
amendments to the guidelines and standards. The technical amendments 
are being published in a similar format to these court-related 
amendments, with a direct final rule and a companion proposal.

I. Background

    On December 20, 1989, under the authority of section 111(b) of the 
Clean Air Act of 1977, EPA proposed guidelines and standards for MWC 
units (40 CFR part 60, subparts Ca and Ea, respectively). The subpart 
Ca guidelines and subpart Ea standards were promulgated on February 11, 
1991. The 1990 Amendments to the Clean Air Act included a new section 
129 applicable to MWC units, which required EPA to review the subpart 
Ca guidelines and subpart Ea standards and determine if they were fully 
consistent with the requirements of the new section. The EPA reviewed 
the subpart Ca guidelines and subpart Ea standards and concluded that 
they were not fully consistent with the requirements of the new section 
129. The EPA proposed revised guidelines (subpart Cb) and standards 
(subpart Eb) on September 20, 1994 to make the guidelines and standards 
consistent with the requirements of section 129. The revised guidelines 
and standards were adopted as final on December 19, 1995.
    The 1995 rules subcategorized the MWC population into two 
categories of MWC units based on the total capacity of the MWC plants 
at which the MWC units were located. The large category included all 
MWC units located at MWC plants with aggregate plant combustion 
capacities greater than 250 tons per day (actually 225 megagrams per 
day, which is approximately 249 tons per day); the small category was 
comprised of all MWC units located at MWC plants with aggregate plant 
combustion capacities equal to or less than 250 tons per day but larger 
than 39 tons per day.
    Following promulgation, two petitions for review were filed with 
the U.S. Court of Appeals for the District of Columbia Circuit 
regarding use of aggregate plant capacity as the basis for initial 
categorization in the 1995 promulgation. In addition, another petition 
was filed which challenged the applicability of the rules to cement 
kilns firing MSW. An initial opinion was issued by the District Court 
on December 6, 1996. Davis County Solid Waste Management and Recovery 
District v. EPA, 101 F.3d 1395 (D.C. Cir. 1996). The EPA filed a 
petition for rehearing on February 4, 1997, requesting that the court 
reconsider the remedy portion of its opinion and vacate the guidelines 
and standards only as they apply to small MWC units (those units with 
individual units capacity less than or equal to 250 tons per day) and 
all cement kilns. The court granted EPA's petition in full and issued a 
revised opinion on March 21, 1997. Davis County Solid Waste Management 
and Recovery District v. EPA, 108 F.3d 1454 (D.C. Cir. 1997). On April 
8, 1997 the court issued an order implementing its opinion. The final 
opinion and order, to which this direct final rule responds, remanded 
to EPA the MWC guidelines and standards for the large category for 
amendment and vacated the guidelines

[[Page 45117]]

and standards as they applied to small units and all cement kilns. The 
1995 guidelines have remained in effect since December 19, 1995 and 
will remain in effect for large MWC units during the amendment of the 
1995 rules.
    The remand required EPA to recalculate the maximum achievable 
control technology (MACT) floors for large MWC units consistent with 
the court's opinion. For existing sources, because the large category 
now includes only MWC units with combustion capacities greater than 250 
tons per day, EPA must remove from the 1995 large category a total of 
45 MWC units that have individual unit capacities of less than or equal 
to 250 tons per day, but that are co-located with other MWC units at 
MWC plants that have aggregate capacities greater than 250 tons per 
day. These 45 units are commonly referred to as the Davis class 
(referencing the name of the Court's opinion that clarifies that EPA 
must categorize these units as small MWC units). The removal of the 
Davis class units from the large MWC database used in 1995 to determine 
the MACT floors results in slightly modified emission guidelines for 
four pollutants; the other emission guideline limits are unaffected. 
For new sources, the change in applicability does not affect the 
calculation of the MACT floors or the resulting standards.

II. Summary of Amendments

A. Change in Applicability

    As amended today, the guidelines and standards codified in subparts 
Cb and Eb, respectively, apply only to MWC units with combustion 
capacities greater than 250 tons per day per unit. This class of MWC 
units are referred to as the ``large category'' and the individual 
units are referred to as ``large MWC units'' or ``large MWC's.'' This 
applicability requirement is different from the 1995 rule, which 
applied to all MWC units at plants with aggregate plant combustion 
capacities greater than 39 tons per day.
    The amended guidelines and standards cover approximately 87 percent 
of the MWC capacity covered by the 1995 rule. Consistent with the Davis 
decision and court order, small MWC units (those with unit capacities 
less than or equal to 250 tons per day) are not covered by the amended 
rules and will be addressed in a separate rulemaking. Also consistent 
with the Davis decision and court order, the amended rules further 
exclude cement kilns firing MSW from coverage while EPA reassesses this 
issue. Should EPA conclude that a rulemaking under section 129 is 
appropriate for cement kilns combusting MSW, it will propose such 
regulations in a separate rulemaking.
    Although the 1995 rules referred to ``225 megagrams per day,'' 
which is equivalent to 248 tons per day, the rules as amended by this 
action refer only to 250 tons per day capacity with no metric 
conversion to be fully consistent with the language in the court's 
decision and sections 129(a)(1) (B) and (C) of the Clean Air Act.
    These applicability changes amend Secs. 60.32b, 60.50b, and 60.59b. 
Associated with these changes, references to large and small plants 
have been removed throughout subpart Cb to clarify the amended 
guidelines.

B. Emission Limits

1. Emission Guidelines (Subpart Cb)
    As a result of the recalculation of the MACT floors, emission 
limits have been revised slightly from the 1995 promulgation. For a 
detailed discussion of the MACT floor analysis methodology, refer to 
the 1994 proposal preamble (59 FR 48228), the September 1995 report 
``Municipal Waste Combustion: Background Information Document for 
Promulgated Standards and Guidelines--Public Comments and Responses'' 
(EPA-453/R-95-013b), and docket A-90-45.
    In the 1995 promulgation, the MACT floors for each pollutant were 
based on the average emission limitation achieved by the best-
performing 25 MWC units (12 percent of the 209 units in the 1995 large 
category). In the 1995 promulgated emission guidelines, EPA established 
MACT standards for eight pollutants (60 FR 65401 and 65402). As 
discussed in the preamble to the proposed and promulgated guidelines, 
the MACT standards for three pollutants--dioxins/furans, mercury, and 
cadmium--were more stringent than their respective MACT floors (59 FR 
48246, and 60 FR 65401 and 65406), and the MACT standards for five 
pollutants--lead, particulate matter, sulfur dioxide, hydrogen 
chloride, and nitrogen oxides--were set at their respective MACT floors 
(59 FR 48246, and 60 FR 65401 and 65402).
    Of the 209 MWC units in the 1995 promulgated large category, as 
noted previously, 45 are MWC units that are directly affected by the 
Court's decision (i.e., there currently are 45 MWC units with 
individual unit capacity less than or equal to 250 tons per day that 
are located at plants with aggregate capacities greater than 250 tons 
per day). The Court held that these 45 units must be placed in the 
small unit category and the large category must be reexamined based on 
this change. This results in the revised large category containing 164 
MWC units (209-45=164). The MACT floors for each pollutant for the 
large category, therefore, must now be based on the average emission 
limitation achieved by the best-performing 20 MWC units in the large 
category (12 percent of 164), rather than the 25 units used in the 1995 
guidelines.
    The EPA calculated the revised MACT floors based on the best-
performing 20 units and determined that the MACT floors for seven 
pollutants have become more stringent than the 1995 MACT floors. 
However, after comparing the MACT floors for the revised large category 
to the 1995 emission guideline levels for MWC units at large plants, it 
was determined that the MACT emission limits would need to change for 
only four pollutants. The MACT emission limits for the other pollutants 
do not change as a result of the change in the large category, either 
because the MACT floor does not change and the emission limit was set 
at the MACT floor (i.e., particulate matter), or because the 1995 
emission limit is more stringent than either the 1995 MACT floor or the 
revised MACT floor (i.e., mercury, cadmium, dioxins/furans).
    The revised MACT floors have led to slightly more stringent MACT 
limits for lead, sulfur dioxide, hydrogen chloride limits, and the 
fluidized bed combustor nitrogen oxides limit. These additional limits 
are being added to the guidelines as supplemental limits, and 
compliance with the supplemental limits can be no later than 5 years 
after publication or 3 years after EPA's approval of a State plan 
incorporating these supplemental limits, whichever is first. The 
original 1995 limits for these pollutants remain in the guidelines for 
large MWC units, and compliance with them remains December 19, 2000 or 
3 years after EPA's approval of a State plan implementing these 
guidelines, whichever is first. The supplemental emission limits and 
their associated compliance dates are as follows:

[[Page 45118]]



               Amended Limits for Subpart Cb (Guidelines)               
------------------------------------------------------------------------
                                               Compliance    Compliance 
                  Pollutant                     by 2000 <SUP>a     by 2002 <SUP>b 
------------------------------------------------------------------------
Lead (mg/dscm)..............................          0.49          0.44
Sulfur Dioxide (ppmv).......................         31            29   
Hydrogen Chloride (ppmv)....................         31            29   
Nitrogen Oxides from Fluidized Bed                                      
 Combustors (ppmv)..........................        240          180    
------------------------------------------------------------------------
<SUP>a These limits and all other limits in the 1995 guidelines have remained
  in force since December 19, 1995, and compliance with them is required
  by December 19, 2000 or 3 years after approval of a State plan,       
  whichever is first.                                                   
<SUP>b These supplemental limits are being added to the guidelines and       
  compliance with them is required by 5 years after promulgation of     
  these amendments or 3 years after approval of a revised State plan    
  incorporating these amendments, whichever is first.                   

    In addition to the more stringent limits described above, the 
revised MACT floors for nitrogen oxides have led to a slightly less 
stringent limit for mass-burn waterwall combustors. EPA will approve 
State plans that include the less restrictive nitrogen oxide limit of 
205 ppmv for mass burn waterwall combustors prior to the effective date 
of these amendments, consistent with the Davis decision. Also, the 
``other'' combustor type subcategory for nitrogen oxides that was 
included in the 1995 guidelines was determined to be unnecessary 
because all known existing large MWC units fit into the first five 
subcategories (i.e., mass burn waterwall, mass burn rotary waterwall, 
refuse-derived fuel, fluidized bed, or mass burn refractory 
combustors).
    The revised emission limits for all four pollutants can be achieved 
using the same types of air pollution control technology that served as 
the basis of the 1995 promulgated limits: spray dryer/electrostatic 
precipitator/carbon injection or spray dryer/fabric filter/carbon 
injection, and selective noncatalytic reduction for non-refractory 
combustor types.
2. Standards of Performance (Subpart Eb)
    Since no Davis class units were used as the basis for the emission 
limits in the standards for the large category in the 1995 rules, there 
is no change to the MACT floor, the technology determined to be MACT, 
or the MACT emission limits that were established in the 1995 
promulgation of the standards.

C. Compliance Times and State Plan Revisions for Existing MWC units

    Under section 129(b)(2), emission guidelines are not directly 
enforceable; rather, States must develop section 111(d)/129 State plans 
that implement and enforce the guidelines. The State plans implementing 
the 1995 guidelines for large MWC units were due December 1996. State 
plans adding the supplemental limits discussed above are due within 1 
year after promulgation of these amendments.
    All large MWC units must be in compliance with the 1995 emission 
limits within 3 years of State plan approval or by December 19, 2000, 
whichever is first, and must be in compliance with the supplemental 
emission limits promulgated today no later than August 26, 2002 or 3 
years after EPA approval of a State plan implementing these limits, 
whichever is first, consistent with sections 129(b) (2) and (3) of the 
Clean Air Act.

D. Definitions

    The definition of MWC plant in Sec. 60.51b of the 1995 standards 
referred to units that were ``constructed, modified, or reconstructed 
after September 20, 1994'' which contradicts the applicability dates 
for modified or reconstructed units specified in the applicability 
section. Under the applicability section, the date of September 20, 
1994 is used to determine applicability of the standards to newly 
constructed units and the date of June 19, 1996 is used to determine 
applicability of the standards to modified/reconstructed units, 
consistent with sections 129 (f)(1), (g)(2), and (g)(3) of the Clean 
Air Act. To correct this, the amended MWC plant definition 
(Sec. 60.51b) now refers only to ``affected facilities'' and directs 
the reader to the applicability section (Sec. 60.50b) to determine what 
constitutes an affected facility. A similar change was made to 
Sec. 60.31b of the guidelines. The definition of MWC unit in 
Sec. 60.51b was amended to add language exempting all cement kilns 
firing MSW, consistent with the Davis decision.

E. Other Changes

    The heading of subpart Cb was revised to include the date of 
September 20, 1994. This change was made to correct the subpart Cb 
heading listed in the introduction to part 60 which erroneously 
included the date of December 19, 1995. The heading of subpart Eb and 
the language of Sec. 60.52b(c)(1) were amended to avoid confusion 
regarding the applicability to modified or reconstructed units.

III. Judicial Review

    Under section 307(b)(1) of the Clean Air Act, judicial review of 
the actions taken by these amendments only is available on the filing 
of a petition for review in the U.S. Court of Appeals for the District 
of Columbia Circuit within 60 days of today's publication of this 
action. Under section 307(b)(2) of the Clean Air Act, the requirements 
that are subject to today's notice may not be challenged later in civil 
or criminal proceedings brought by EPA to enforce these requirements.
    Under section 307(d)(7) of the Clean Air Act, only an objection to 
a rule or procedure raised with reasonable specificity during the 
period for public comment or public hearing may be raised during 
judicial review. Public comments on the notice proposing these 
amendments must be submitted to docket A-90-45/Section VIII-D (see 
DATES, ADDRESSES, and SUPPLEMENTARY INFORMATION of the proposal notice 
published elsewhere in today's Federal Register for more details). As 
discussed under the SUPPLEMENTARY INFORMATION section of this direct 
final rule and also as discussed in the proposal notice, if significant 
material adverse comments are received on the companion proposal, this 
direct final rule will be withdrawn and the comments received on the 
proposal will be addressed in a separate rulemaking.

IV. Administrative Requirements

A. Docket

    The docket is an organized and complete file of all the information 
considered in the development of this rulemaking. The principal 
purposes of the docket are: (1) To allow interested parties to identify 
and locate documents so that they can effectively participate in the 
rulemaking process; and (2) to serve as the record in case of judicial 
review, except for interagency review material. The docket number for 
this rulemaking is A-90-45. Docket No. A-89-08 also includes background 
information for this rulemaking and supported the proposal and

[[Page 45119]]

promulgation of the subpart Ca guidelines and subpart Ea standards. 
Docket No. A-89-08 has been incorporated by reference. Refer to the 
companion proposal in this Federal Register for docket address 
information.

B. Paperwork Reduction Act

    Today's action does not impose any new information collection 
burden. Today's action reduces the coverage of the 1995 standards and 
the burden of the 1995 standards. The Office of Management and Budget 
(OMB) has previously approved the information collection requirements 
contained in these regulations under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control 
number 2060-0210 (EPA ICR 1506.07). Copies of the ICR document(s) may 
be obtained from Sandy Farmer, OPPE, Regulatory Information Division; 
EPA; 401 M St., SW. (mail code 2137); Washington, DC 20460 or by 
calling (202) 260-2740. Include the ICR and/or OMB number in any 
correspondence.

C. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to OMB review and the requirements of the Executive 
Order. The EPA considered the 1995 guidelines and standards to be 
significant and the rules were reviewed by OMB in 1995 (see 60 FR 
65405). The amendments issued today do not result in any additional 
control requirements and this regulatory action is considered ``not 
significant'' under Executive Order 12866.

D. Unfunded Mandates Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a statement to accompany any rule where the estimated 
costs to State, local, or tribal governments, or to the private sector 
will be $100 million or more in any 1 year. Section 203 requires EPA to 
establish a plan for informing and advising any small governments that 
may be significantly impacted by the rule. An unfunded mandates 
statement was prepared and published in the 1995 promulgation notice 
(see 60 FR 65405 to 65412).
    The EPA has determined that these amendments do not include any new 
Federal mandates. Therefore, the requirements of the Unfunded Mandates 
Act do not apply to this direct final rule.

E. Regulatory Flexibility Act

    Section 605 of the RFA requires Federal agencies to give special 
consideration to the impacts of regulations on small entities, which 
are small businesses, small organizations, and small governments. 
During the 1995 rulemaking, EPA estimated that few, if any, small 
entities would be affected by the promulgated guidelines and standards 
and, therefore, a regulatory flexibility analysis was not required (see 
60 FR 65413). The rules as amended today do not establish any new 
requirements; therefore, pursuant to the provisions of 5 U.S.C. 605(b), 
EPA certifies that the amendments to the guidelines and standards will 
not have a significant impact on a substantial number of small 
entities, and a regulatory flexibility analysis is not required.

F. Submission to Congress and the Comptroller General

    Under 5 U.S.C. Sec. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act (SBREFA) of 1996, EPA submitted a 
report containing these amendments 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 these rules in 
today's Federal Register. These amendments are not a ``major rule'' as 
defined by 5 U.S.C. 804(2) and a SBREFA analysis is not required.

List of Subjects in 40 CFR Part 60

    Environmental Protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: August 15, 1997.
Carol M. Browner,
Administrator.
    For reasons set out in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.

    2. Revise the heading for subpart Cb to read as follows:

Subpart Cb--Emission Guidelines and Compliance Times for Large 
Municipal Waste Combustors That Are Constructed on or Before 
September 20, 1994

    3. In Sec. 60.31b revise the definition of ``Municipal waste 
combustor plant'' to read as follows:


Sec. 60.31b  Definitions.

* * * * *
    Municipal waste combustor plant means one or more designated 
facilities (as defined in Sec. 60.32b) at the same location.
* * * * *
    4. Amend Sec. 60.32b as follows:
    a. In paragraph (b)(2) remove the words ``10 megagrams'' and add, 
in their place, the words ``11 tons'';
    b. Revise paragraph (a) and the introductory text of paragraph (b), 
and add new paragraph (m) to read as follows:


Sec. 60.32b  Designated facilities.

    (a) The designated facility to which these guidelines apply is each 
municipal waste combustor unit with a combustion capacity greater than 
250 tons per day of municipal solid waste for which construction was 
commenced on or before September 20, 1994.
    (b) Any municipal waste combustion unit that is capable of 
combusting more than 250 tons per day of municipal solid waste and is 
subject to a federally enforceable permit limiting the maximum amount 
of municipal solid waste that may be combusted in the unit to less than 
or equal to 11 tons per day is not subject to this subpart if the owner 
or operator:
* * * * *
    (m) Cement kilns firing municipal solid waste are not subject to 
this subpart.
    5. Amend Sec. 60.33b as follows:
    a. In paragraphs (a)(1)(i), (a)(2)(i), (a)(2)(iii), (b)(1)(i), 
(b)(2)(i), and (c)(1) introductory text remove the phrase ``located 
within a large municipal waste combustor plant'';
    b. In paragraphs (a)(1)(iii) and (a)(3) remove the phrase ``located 
within a small or large municipal waste combustor plant'';
    c. Remove and reserve paragraphs (a)(1)(ii), (a)(2)(ii), 
(a)(2)(iv), (b)(1)(ii), (b)(2)(ii), and (c)(2);
    d. In paragraph (d) introductory text remove the phrase ``located 
within large municipal waste combustor plants'';
    e. In table 1, referenced in paragraph (d) introductory text, 
remove the phrase ``AT LARGE MUNICIPAL WASTE COMBUSTOR PLANTS'' from 
the title; remove the mass burn waterwall nitrogen oxides emission 
limit of ``200'' and add, in its place, the emission limit of ``205''; 
remove the last line of the table ``Other <SUP>b</SUP> 200''; and 
remove the footnote `` <SUP>b</SUP> Excludes mass burn refractory 
municipal waste combustors.'';
    f. In paragraph (d)(1)(i) remove the phrase ``An owner or operator 
of a large

[[Page 45120]]

municipal'' and add, in its place, the phrase ``The owner or operator 
of a municipal'';
    g. In table 2, referenced in paragraph (d)(1)(iii), remove the 
title ``NITROGEN OXIDES LIMITS FOR EXISTING DESIGNATED FACILITIES 
INCLUDED IN AN EMISSIONS AVERAGING PLAN AT LARGE MUNICIPAL WASTE 
COMBUSTOR PLANTS'' and add, in its place, the title ``NITROGEN OXIDES 
LIMITS FOR EXISTING DESIGNATED FACILITIES INCLUDED IN AN EMISSIONS 
AVERAGING PLAN AT A MUNICIPAL WASTE COMBUSTOR PLANT <SUP>a</SUP> ''; 
remove the mass burn waterwall nitrogen oxides emission limit of 
``180'' and add, in its place, the emission limit of ``185''; remove 
the superscript `` <SUP>a</SUP> '' from the end of the heading of the 
second column and add, in its place, the superscript `` <SUP>b</SUP> 
''; remove the line ``Other <SUP>b</SUP> 180'' from the table; remove 
footnote b; redesignate footnote `` <SUP>a</SUP> '' as ``<SUP>b</SUP> 
'' ; and add the footnote `` <SUP>a</SUP> mass burn refractory 
municipal waste combustors and other MWC technologies not listed above 
may not be included in an emissions averaging plan.''; and
    h. Revise paragraph (d)(1)(i)(B), and add paragraphs (a)(4), 
(b)(3), and (d)(3) to read as follows:


Sec. 60.33b  Emission guidelines for municipal waste combustor metals, 
acid gases, organics, and nitrogen oxides.

    (a) * * *
    (4) For approval, a State plan shall be submitted by August 25, 
1998 and shall include an emission limit for lead at least as 
protective as the emission limit for lead specified in this paragraph. 
The emission limit for lead contained in the gases discharged to the 
atmosphere from a designated facility is 0.44 milligrams per dry 
standard cubic meter, corrected to 7 percent oxygen.
    (b) * * *
    (3) For approval, a State plan shall be submitted by August 25, 
1998 and shall include emission limits for sulfur dioxide and hydrogen 
chloride at least as protective as the emission limits specified in 
paragraphs (b)(3)(i) and (b)(3)(ii) of this section.
    (i) The emission limit for sulfur dioxide contained in the gases 
discharged to the atmosphere from a designated facility is 29 parts per 
million by volume or 25 percent of the potential sulfur dioxide 
emission concentration (75-percent reduction by weight or volume), 
corrected to 7 percent oxygen (dry basis), whichever is less stringent. 
Compliance with this emission limit is based on a 24-hour daily 
geometric mean.
    (ii) The emission limit for hydrogen chloride contained in the 
gases discharged to the atmosphere from a designated facility is 29 
parts per million by volume or 5 percent of the potential hydrogen 
chloride emission concentration (95-percent reduction by weight or 
volume), corrected to 7 percent oxygen (dry basis), whichever is less 
stringent.
* * * * *
    (d) * * *
    (1) * * *
    (i) * * *
    (B) Mass burn refractory municipal waste combustor units and other 
municipal waste combustor technologies not listed in paragraph 
(d)(1)(iii) of this section may not be included in the emissions 
averaging plan.
* * * * *
    (3) For approval, a State plan shall be submitted by August 25, 
1998 and shall include emission limits for nitrogen oxides from 
fluidized bed combustors at least as protective as the emission limits 
listed in paragraphs (d)(3)(i) and (d)(3)(ii) of this section.
    (i) The emission limit for nitrogen oxides contained in the gases 
discharged to the atmosphere from a designated facility that is a 
fluidized bed combustor is 180 parts per million by volume, corrected 
to 7 percent oxygen.
    (ii) If a State plan allows nitrogen oxides emissions averaging as 
specified in paragraphs (d)(1)(i) through (d)(1)(v) of this section, 
the emission limit for nitrogen oxides contained in the gases 
discharged to the atmosphere from a designated facility that is a 
fluidized bed combustor is 165 parts per million by volume, corrected 
to 7 percent oxygen.


Sec. 60.34b   [Amended]

    6. In Sec. 60.34b(a) remove the phrase ``located within a small or 
large municipal waste combustor plant''.


Sec. 60.35b   [Amended]

    7. In Sec. 60.35b remove the phrase ``located within small or large 
municipal waste combustor plants''.


Sec. 60.38b   [Amended]

    8. In Sec. 60.38b remove the phrase ``at large municipal waste 
combustor plants'' from paragraph (b), and remove and reserve paragraph 
(c).
    9. Amend Sec. 60.39b as follows:
    a. In paragraphs (c)(1) introductory text and (c)(4)(ii) remove the 
phrase ``located within large municipal waste combustor plants'';
    b. In paragraph (c)(2) remove the phrase ``located within a large 
municipal waste combustor plant'';
    c. Remove and reserve paragraphs (c)(3) and (c)(4)(i);
    d. In paragraph (c)(4)(iii) introductory text remove the phrase 
``located within small or large municipal waste combustor plants'';
    e. In paragraph (c)(5) remove the phrase ``that are located within 
a large municipal waste combustor plant''; and
    f. Revise the first sentence of paragraph (b), revise paragraph 
(d), and add paragraphs (e) and (f) to read as follows:


Sec. 60.39b  Reporting and recordkeeping guidelines and compliance 
schedules.

* * * * *
    (b) Not later than December 19, 1996, each State in which a 
designated facility is located shall submit to the EPA Administrator a 
plan to implement and enforce all provisions of this subpart except 
those specified under Sec. 60.33b (a)(4), (b)(3), and (d)(3). * * *
* * * * *
    (d) In the event no plan for implementing the emission guidelines 
is approved by EPA, all designated facilities meeting the applicability 
requirements under Sec. 60.32b shall be in compliance with all of the 
guidelines, except those specified under Sec. 60.33b (a)(4), (b)(3), 
and (d)(3), no later than December 19, 2000.
    (e) Not later than August 25, 1998, each State in which a 
designated facility is operating shall submit to the EPA Administrator 
a plan to implement and enforce all provisions of this subpart 
specified in Sec. 60.33b (a)(4), (b)(3), and (d)(3).
    (f) In the event no plan for implementing the emission guidelines 
is approved by EPA, all designated facilities meeting the applicability 
requirements under Sec. 60.32b shall be in compliance with all of the 
guidelines, including those specified under Sec. 60.33b (a)(4), (b)(3), 
and (d)(3), no later than August 26, 2002.
    10. Revise the heading for subpart Eb to read as follows:

Subpart Eb--Standards of Performance for Large Municipal Waste 
Combustors for Which Construction Is Commenced After September 20, 
1994 or for Which Modification or Reconstruction Is Commenced After 
June 19, 1996

    11. Amend Sec. 60.50b as follows:
    a. In paragraph (b)(2) remove the words ``10 megagrams'' and add, 
in their place, the words ``11 tons'';
    b. Revise paragraphs (a) and (b) introductory text, and add 
paragraph (p) to read as follows:

[[Page 45121]]

Sec. 60.50b  Applicability and delegation of authority.

    (a) The affected facility to which this subpart applies is each 
municipal waste combustor unit with a combustion capacity greater than 
250 tons per day of municipal solid waste for which construction is 
commenced after September 20, 1994 or for which modification or 
reconstruction is commenced after June 19, 1996.
    (b) Any waste combustion unit that is capable of combusting more 
than 250 tons per day of municipal solid waste and is subject to a 
federally enforceable permit limiting the maximum amount of municipal 
solid waste that may be combusted in the unit to less than or equal to 
11 tons per day is not subject to this subpart if the owner or 
operator:
* * * * *
    (p) Cement kilns firing municipal solid waste are not subject to 
this subpart.
    12. Amend Sec. 60.51b to revise paragraph (1) of the ``Municipal 
waste combustor, MWC, or municipal waste combustor unit'' definition 
and to revise the ``Municipal waste combustor plant'' definition to 
read as follows:


Sec. 60.51b  Definitions.

* * * * *
    Municipal waste combustor, MWC, or municipal waste combustor unit: 
(1) Means any setting or equipment that combusts solid, liquid, or 
gasified municipal solid waste including, but not limited to, field-
erected incinerators (with or without heat recovery), modular 
incinerators (starved-air or excess-air), boilers (i.e., steam 
generating units), furnaces (whether suspension-fired, grate-fired, 
mass-fired, air curtain incinerators, or fluidized bed-fired), and 
pyrolysis/combustion units. Municipal waste combustors do not include 
pyrolysis/combustion units located at a plastics/rubber recycling unit 
(as specified in Sec. 60.50b(m)). Municipal waste combustors do not 
include cement kilns firing municipal solid waste (as specified in 
Sec. 60.50b(p)). Municipal waste combustors do not include internal 
combustion engines, gas turbines, or other combustion devices that 
combust landfill gases collected by landfill gas collection systems.
* * * * *
    Municipal waste combustor plant means one or more affected 
facilities (as defined in Sec. 60.50b) at the same location.
* * * * *
    13. In Sec. 60.52b(c)(1) revise the first sentence to read as 
follows:


Sec. 60.52b  Standards for municipal waste combustor metals, acid 
gases, organics, and nitrogen oxides.

* * * * *
    (c) * * *
    (1) On and after the date on which the initial performance test is 
completed or is required to be completed under Sec. 60.8 of subpart A 
of this part, no owner or operator of an affected facility for which 
construction, modification or reconstruction commences on or before 
November 20, 1997 shall cause to be discharged into the atmosphere from 
that affected facility any gases that contain dioxin/furan emissions 
that exceed 30 nanograms per dry standard cubic meter (total mass), 
corrected to 7 percent oxygen, for the first 3 years following the date 
of initial startup. * * *
* * * * *


Sec. 60.59b  [Amended]

    14. In Sec. 60.59b paragraphs (a) introductory text and (b) 
introductory text remove the phrase ``located at a municipal waste 
combustor plant'', and remove the words ``35 megagrams'' and add, in 
their place, the words ``250 tons''.

[FR Doc. 97-22369 Filed 8-22-97; 8:45 am]
BILLING CODE 6560-50-P