45116 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

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.

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

§§ 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 bestperforming 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:
45118 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

AMENDED LIMITS FOR SUBPART CB (GUIDELINES)

Pollutant Compliance

by 2000 a

Compliance

by 2002 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

aThese 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. bThese 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, refusederived 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 nonrefractory 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

§ 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

(§ 60.51b) now refers only to ‘‘affected

facilities’’ and directs the reader to the

applicability section (§ 60.50b) to

determine what constitutes an affected

facility. A similar change was made to

§ 60.31b of the guidelines. The

definition of MWC unit in § 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

§ 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
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 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. § 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 § 60.31b revise the definition of

‘‘Municipal waste combustor plant’’ to

read as follows:

§ 60.31b Definitions.

* * * * *

Municipal waste combustor plant

means one or more designated facilities

(as defined in § 60.32b) at the same

location.

* * * * *

4. Amend § 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:

§ 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 § 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 b 200’’; and remove the

footnote ‘‘ b Excludes mass burn

refractory municipal waste

combustors.’’;

f. In paragraph (d)(1)(i) remove the

phrase ‘‘An owner or operator of a large
45120 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

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

PLANTa ’’; remove the mass burn

waterwall nitrogen oxides emission

limit of ‘‘180’’ and add, in its place, the

emission limit of ‘‘185’’; remove the

superscript ‘‘ a ’’ from the end of the

heading of the second column and add,

in its place, the superscript ‘‘ b ’’; remove

the line ‘‘Other b 180’’ from the table;

remove footnote b; redesignate footnote

‘‘ a ’’ as ‘‘b ’’ ; and add the footnote ‘‘ a

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:

§ 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.

§ 60.34b [Amended]

6. In § 60.34b(a) remove the phrase

‘‘located within a small or large

municipal waste combustor plant’’.

§ 60.35b [Amended]

7. In § 60.35b remove the phrase

‘‘located within small or large

municipal waste combustor plants’’.

§ 60.38b [Amended]

8. In § 60.38b remove the phrase ‘‘at

large municipal waste combustor

plants’’ from paragraph (b), and remove

and reserve paragraph (c).

9. Amend § 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:

§ 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 § 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 § 60.32b shall be in

compliance with all of the guidelines,

except those specified under § 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 § 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 § 60.32b shall be in

compliance with all of the guidelines,

including those specified under § 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 § 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:
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 45121

§ 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 § 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:

§ 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 § 60.50b(m)).

Municipal waste combustors do not

include cement kilns firing municipal

solid waste (as specified in § 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 § 60.50b) at the same

location.

* * * * *

13. In § 60.52b(c)(1) revise the first

sentence to read as follows:

§ 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 § 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. * *

*

* * * * *

§ 60.59b [Amended]

14. In § 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