45124 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[AD–FRL–5879–4]

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: This action amends the

emission guidelines (subpart Cb) and

the standards of performance (subpart

Eb) for municipal waste combustion

(MWC) units. These amendments are

companion amendments to the courtordered remand amendments published

elsewhere in this Federal Register.

These amendments are being made to

improve the clarity of subparts Cb and

Eb, and to make technical corrections

that have been brought to EPA’s

attention since the December 19, 1995

promulgation.

DATES: These 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receiving comment will be withdrawn.

In addition, the effective date for

amendments for §§ 60.17, 60.23, 60.24,

60.30, and subpart Ca in a final rule

published on December 19, 1995 at 60

FR 65387 is established as December 19,

1995.

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 that

proposal. If significant material adverse

comments are received on the proposed

amendments 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rule will be withdrawn and the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 the companion

proposal, then no further action will be

taken on the proposal and these

amendments will become effective

October 24, 1997.

Also being published in today’s

Federal Register are a separate direct

final rule and proposal amending the

guidelines and standards in response to

specific court-mandated changes,

consistent with the decision of the U.S.

Court of Appeals 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), and the court’s vacatur order

issued on April 8, 1997. Refer to the

separate court-related direct final rule

for more background information

regarding the history of these subparts

and the court opinion.

The amendments contained herein

provide additional clarification to the

language of the subparts beyond the

clarifications included in the separate

court-related amendments. In addition,

these amendments include corrections

to cross-references and typographical

errors in the December 19, 1995

promulgation, and make technical

corrections that have been brought to

EPA’s attention since 1995.

I. Summary of Amendments

The amendments in this direct final

rule are primarily to improve the

readability of the guidelines and

standards reflecting revisions related to

the court’s opinion. These modifications

include overall changes to the language

used, changes to the definition section,

the inclusion of Method 3A in the

performance testing options, the

addition of a refuse-derived fuel heating

value, clarification of the fugitive ash

annual testing requirements, and other

miscellaneous amendments.

A. Clarification of Language

To reflect the change in applicability

from a plant basis to unit basis as a

result of the Davis decision and

subsequent vacatur order, references to

small and large plants are removed

throughout the rules. In some cases, this

change entails removing and reserving

entire paragraphs if the entire paragraph

addressed small plants.

The lower size cut-off has been

revised from 35 megagrams per day

plant capacity to 250 tons per day unit

capacity. In addition, all capacity

designations have been changed to

‘‘tons per day’’ instead of ‘‘megagrams

per day’’ to be consistent with the 250

tons per day lower size cut-off specified

by the court for large MWC units.

B. Definitions

Several definitions are no longer

needed and have been removed,

including the definitions of municipal

waste combustor plant capacity, large

municipal waste combustor plant, and

small municipal waste combustor plant.

These changes are included in § 60.51b.

C. Performance Test Methods

It was intended that EPA Test

Methods 3, 3A, or 3B, as applicable, be

specified for use in measuring diluent

gas during performance testing or with

continuous monitoring systems. The

1995 rule only listed Method 3 for some

pollutants and listed Methods 3A or 3B

for other pollutants. This change is

included in § 60.58b.

D. Refuse-Derived Fuel Heating Value

To correct an oversight in the 1995

rules, a separate heating value for

combustors firing refuse-derived fuel

(RDF) has been added to take into

consideration the greater specific heat of

RDF. The heating value promulgated in

1995 remains the same for non-RDF.

E. Fugitive Ash Annual Test

Requirements

To clarify that fugitive emissions from

ash handling must be tested on an

annual basis, a new paragraph has been

added to § 60.58b, and cross references

have been corrected, consistent with

EPA’s intent that testing be done

annually (see 60 FR 65394 and 65400).

F. Miscellaneous Changes

The remaining changes have been

made to correct typographical errors, to

clarify, and to improve readability.

II. 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–E (see

DATES, ADDRESSES, and

SUPPLEMENTARY INFORMATION of
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 45125

the proposal notice published elsewhere

in today’s Federal Register for more

details). As discussed under the

SUPPLEMENTARY INFORMATION

section of this direct final promulgation

notice and 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.

III. 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

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. 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 would 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.

IV. Other Information

In addition to the amendment of

subparts Cb and Eb, this Federal

Register document addresses an

omission in the 1995 promulgation

notice. On December 19, 1995 at 60 FR

65387 EPA published a final rule which

inadvertently left out an effective date

for amendments 2., 3., 4., 5., and 5a. for

sections 60.17, 60.23, 60.24, 60.30, and

subpart Ca. Consistent with EPA’s intent

that those amendments be effective

immediately (see 60 FR 65387, 65390,

and 65414), the effective date was

December 19, 1995.

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.

§ 60.31 [Amended]

2. Amend § 60.31b to remove the

definition for ‘‘Municipal waste

combustor plant capacity’’.

§ 60.32 [Amended]

3. In § 60.32b paragraphs (b)(1), (d),

(e), (f)(1), and (i)(1) remove the word

‘‘Administrator’’ and add, in its place,

the words ‘‘EPA Administrator’’.

§ 60.33 [Amended]

4. In § 60.33b(a)(3) remove the phrase

‘‘(an 85-percent reduction by weight)’’

and add in its place the phrase ‘‘(85-

percent reduction by weight)’’;

§ 60.34 [Amended]

5. In § 60.34b amend table 3,

referenced in paragraph (a), to add the

superscript ‘‘b’’ to the end of the heading

of the third column, and add the

footnote ‘‘b Averaging times are 4-hour

or 24-hour block averages.’’.

§ 60.39 [Amended]

6. In § 60.39b(c)(4)(iii)(B) remove the

phrase ‘‘The owner or operator may

request that the Administrator’’ and

add, in its place, the phrase ‘‘The owner

or operator of a designated facility may

request that the EPA Administrator’’.

§ 60.50 [Amended]

7. Amend § 60.50b as follows:

a. In paragraphs (b)(1), (e), (f), (g)(1),

and (j)(1) remove the word
45126 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

‘‘Administrator’’ and add, in its place,

the words ‘‘EPA Administrator’’; and

b. In paragraph (j) introductory text

remove the phrase ‘‘located at a plant’’.

§ 60.51 [Amended]

8. Amend § 60.51b as follows:

a. Remove the definitions of ‘‘Large

municipal waste combustor plant’’,

‘‘Municipal waste combustor plant

capacity’’, and ‘‘Small municipal waste

combustor plant’’;

b. In the definition of ‘‘Municipal

waste combustor unit capacity’’ remove

the word ‘‘megagrams’’ and add, in its

place, the word ‘‘tons’’; and

c. Correct the definition title Refusederived/fuel to read Refuse-derived fuel.

§ 60.52 [Amended]

9. Amend § 60.52b as follows:

a. In paragraphs (a)(1), (a)(2), (a)(3),

(a)(4), (a)(5), (b)(1), (b)(2), and (c)(2)

remove the phrase ‘‘located within a

small or large municipal waste

combustor plant’’; and

b. In paragraphs (d)(1) and (d)(2)

remove the phrase ‘‘located within a

large municipal waste combustor

plant’’.

§ 60.53 [Amended]

10. Amend § 60.53b as follows:

a. In paragraphs (a) introductory text,

(b) introductory text, and (c)

introductory text remove the phrase

‘‘located within a small or large

municipal waste combustor plant’’; and

b. In table 1, referenced in paragraph

(a) introductory text, add the superscript

‘‘ b’’ to the end of the heading of the

third column, and add the footnote ‘‘ b

Averaging times are 4-hour or 24-hour

block averages.’’.

§ 60.54 [Amended]

11. Amend § 60.54b as follows:

a. In paragraphs (a), (b), (c)

introductory text, (d), (e) introductory

text, and (f) introductory text remove

the phrase ‘‘located within a small or

large municipal waste combustor

plant’’; and

b. Redesignate paragraphs (c)(i) and

(c)(ii) as (c)(1) and (c)(2), respectively.

§ 60.55 [Amended]

12. In § 60.55b(a) remove the phrase

‘‘located within a small or large

municipal waste combustor plant’’.

§ 60.56 [Amended]

13. In § 60.56b remove the phrase

‘‘located at a plant with a plant capacity

to combust greater than 35 megagrams’’

and add, in its place, the phrase ‘‘with

the capacity to combust greater than 250

tons’’.

§ 60.57 [Amended]

14. In § 60.57b (a) introductory text,

(b) introductory text, and (c) remove the

phrase ‘‘located within a small or large

municipal waste combustor plant,’’.

§ 60.58 [Amended]

15. Amend § 60.58b as follows:

a. In paragraph (b) introductory text

remove the phrase ‘‘operator of a small

or large municipal waste combustor

plant shall’’ and add, in its place, the

phrase ‘‘operator of an affected facility

shall’’;

b. In paragraph (b)(3) remove the

phrase ‘‘startup of the municipal waste

combustor’’ and add, in its place, the

phrase ‘‘startup of the affected facility’’;

c. In paragraph (b)(6)(i) remove the

words ‘‘The emission rate correction

factor and the integrated bag sampling

and analysis procedure of EPA

Reference Method 3B shall’’ and add, in

their place, the words ‘‘The fuel factor

equation in Method 3B shall be used to

determine the relationship between

oxygen and carbon dioxide at a

sampling location. Method 3, 3A, or 3B,

as applicable, shall’’;

d. In paragraphs (c)(2), (d)(1)(ii),

(d)(2)(ii), and (g)(2) remove the words

‘‘Method 3’’ and add, in their place, the

words ‘‘Method 3, 3A, or 3B, as

applicable,’’;

e. In paragraphs (c)(4), (d)(1)(v),

(d)(2)(vii), (e)(3), (f)(4), (g)(8), (h)(2),

(i)(5) remove the phrase ‘‘An owner or

operator may request’’ and add, in its

place, the phrase ‘‘The owner or

operator of an affected facility may

request’’;

f. In paragraphs (c)(7), (c)(11), and

(d)(2)(viii) remove the phrase ‘‘located

within a small or large municipal waste

combustor plant’’;

g. In paragraphs (c)(9), (d)(1)(vii),

(d)(2)(ix), (f)(7), (h)(3), and (h)(4) remove

the phrase ‘‘located within a large

municipal waste combustor plant’’;

h. Remove and reserve paragraphs

(c)(10), (d)(1)(viii), (d)(1)(ix), (d)(2)(x),

(f)(8), and (g)(5)(ii);

i. In paragraphs (e)(12)(i)(B),

(h)(10)(i)(B), and (i)(3)(ii)(B) remove the

words ‘‘Method 3A or 3B’’ and add, in

their place, the words ‘‘Method 3, 3A,

or 3B, as applicable’’;

j. In paragraphs (g)(5) introductory

text and (g)(5)(i) remove the phrase

‘‘located within small and large

municipal waste combustor plants’’;

k. In paragraphs (h)(10) introductory

text and (m)(3) introductory text remove

the phrase ‘‘The owner or operator

shall’’ and add, in its place, the phrase

‘‘The owner or operator of an affected

facility shall’’;

l. In paragraphs (j)(1) introductory text

and (j)(2) remove the phrase ‘‘, in

megagrams per day of municipal solid

waste combusted,’’ and in paragraph

(j)(2) remove the phrase ‘‘in megagrams

per day of municipal solid waste’’;

m. In paragraph (j)(1)(i) remove the

words ‘‘10,500 kilojoules per kilogram’’

and add, in their place, the words

‘‘12,800 kilojoules per kilogram for

combustors firing refuse-derived fuel

and a heating value of 10,500 kilojoules

per kilogram for combustors firing

municipal solid waste that is not refusederived fuel’’;

n. In paragraph (j)(2) remove the

words ‘‘10,500 kilojoules per kilogram

for all municipal solid waste’’ and add,

in their place, the words ‘‘12,800

kilojoules per kilogram for combustors

firing refuse-derived fuel and a heating

value of 10,500 kilojoules per kilogram

for combustors firing municipal solid

waste that is not refuse-derived fuel’’;

and

o. Revise paragraph (b)(7), the first

sentence of paragraph (g)(5)(iii),

paragraph (h) introductory text,

paragraph (k) introductory text, and add

paragraph (k)(4) to read as follows:

§ 60.58b Compliance and performance

testing.

* * * * *

(b) * * *

(7) The relationship between carbon

dioxide and oxygen concentrations that

is established in accordance with

paragraph (b)(6) of this section shall be

submitted to the EPA Administrator as

part of the initial performance test

report and, if applicable, as part of the

annual test report if the relationship is

reestablished during the annual

performance test.

* * * * *

(g) * * *

(5) * * *

(iii) Where all performance tests over

a 2-year period indicate that dioxin/

furan emissions are less than or equal to

7 nanograms per dry standard cubic

meter (total mass) for all affected

facilities located within a municipal

waste combustor plant, the owner or

operator of the municipal waste

combustor plant may elect to conduct

annual performance tests for one

affected facility (i.e., unit) per year at

the municipal waste combustor plant.

* * *

* * * * *

(h) The procedures and test methods

specified in paragraphs (h)(1) through

(h)(12) of this section shall be used to

determine compliance with the nitrogen

oxides emission limit for affected

facilities under § 60.52b(d).

* * * * *

(k) The procedures specified in

paragraphs (k)(1) through (k)(4) of this
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 45127

section shall be used for determining

compliance with the fugitive ash

emission limit under § 60.55b.

* * * * *

(4) Following the date that the initial

performance test for fugitive ash

emissions is completed or is required to

be completed under § 60.8 of subpart A

of this part for an affected facility, the

owner or operator shall conduct a

performance test for fugitive ash

emissions on an annual basis (no more

than 12 calendar months following the

previous performance test).

* * * * *

§ 60.59 [Amended]

16. Amend § 60.59b as follows:

a. In paragraph (b)(4) remove the

phrase ‘‘, municipal waste combustion

plant capacity,’’;

b. In paragraph (d) introductory text

remove the phrase ‘‘located within a

small or large municipal waste

combustor plant and’’;

c. In paragraphs (d)(2)(i)(C),

(d)(2)(ii)(B), and (d)(6)(ii) remove the

phrase ‘‘(large municipal waste

combustor plants only)’’;

d. In paragraph (d)(3) remove the

phrase ‘‘(d)(2)(ii)(A) through

(d)(2)(ii)(E)’’ and add, in its place the

phrase ‘‘(d)(2)(ii)(A) through

(d)(2)(ii)(D)’’;

e. In paragraph (d)(8) remove the

phrase ‘‘(large municipal waste

combustors only)’’;

f. In paragraph (d)(11) remove

‘‘municipal waste combustor’’ and add,

in its place, ‘‘affected facility’’;

g. In paragraph (d)(12)(ii) remove the

phrase ‘‘as required by § 60.54b(a)’’ and

add, in its place, the phrase ‘‘as required

by § 60.54b(b)’’;

h. In paragraphs (f) introductory text,

(g) introductory text, and (h)

introductory text remove the phrase

‘‘located within a small or large

municipal waste combustor plant’’;

i. In paragraph (l) remove the phrase

‘‘If an owner or operator would prefer to

select’’ and add, in its place, ‘‘If the

owner or operator of an affected facility

would prefer’’;

[FR Doc. 97–22370 Filed 8–22–97; 8:45 am]

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