[Federal Register Volume 63, Number 15 (Friday, January 23, 1998)]
[Proposed Rules]
[Pages 3509-3530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1521]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[AD-FRL-5951-5]


Federal Plan Requirements for Large Municipal Waste Combustors 
Constructed on or Before September 20, 1994

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: On December 19, 1995, EPA adopted emission guidelines for 
existing municipal waste combustor (MWC) units. Section 129 of the Act 
requires States with existing MWC units subject to the guidelines to 
submit plans to EPA that implement and enforce the emission guidelines. 
The State plans were due on December 19, 1996. States without MWC units 
subject to the emission guidelines must submit a negative declaration 
letter. Following receipt of a State plan, EPA has up to 6 months to 
approve or disapprove the plan. If a State with existing MWC units does 
not submit an approvable plan within 2 years after promulgation of the 
guidelines (i.e., December 19, 1997), the Clean Air Act (ACT) requires 
EPA to develop, implement, and enforce a Federal plan for MWC units in 
that State. In this action EPA proposes a Federal plan to implement 
emission guidelines for MWC units located in States where State plans 
have not been approved. For most of these States, the Federal plan 
would be an interim action because when a State plan is approved, the 
Federal plan will no longer apply to MWC units covered by the State 
plan. This proposed MWC Federal plan includes the same required 
elements as a State plan as specified in 40 CFR part 60, subpart B. 
These elements are: identification of legal authority; identification 
of mechanisms for implementation; inventory of affected facilities; 
emission inventory; emission limits; compliance schedules; public 
hearing requirements; reporting and recordkeeping requirements; and 
public progress reports. Also discussed in this preamble is Federal 
plan implementation and delegation of authority.

DATES: Comments. Comments on this proposal must be received on or 
before March 24, 1998.
    Public Hearing. A public hearing will be held in Washington, DC if 
individuals request to speak. In addition, a public hearing will be 
held in any State with an MWC unit that would be covered by the 
proposed MWC Federal plan, if individuals request to speak. Requests to 
speak must be received by February 23, 1998. If requests to speak are 
received, one or more public hearings will be held. A message regarding 
the date and location of the public hearing(s) may be accessed by 
calling (919) 541-5339 after February 23, 1998.

ADDRESSES: Comments. Comments on this proposal should be submitted (in 
duplicate, if possible) to: Air and Radiation Docket and Information 
Center (MC-6102), Attention Docket No. A-97-45, U.S. Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460. Comments and 
data may be filed electronically by following the instructions in 
section I of Supplementary Information of this preamble.
    Public Hearing. If timely requests to speak at a public hearing are 
received, a public hearing will be held in Washington, DC or in any 
State with an MWC unit that would be covered by the proposed MWC 
Federal plan. Persons wishing to present oral testimony should notify 
Ms. Julie Andresen, Program Review Group, Information Transfer and 
Program Integration Division (MD-12), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711, telephone (919) 
541-5339 at EPA. A message regarding the date and location of the 
public hearing(s) may be accessed by calling (919) 541-5339.
    Docket. Docket numbers A-89-08, A-90-45, and A-97-45 contain the 
supporting information for this proposed rule and the supporting 
information for EPA's promulgation of emission guidelines for existing 
MWC units. These dockets are available for public inspection and 
copying between 8:00 a.m. and 5:30 p.m., Monday through Friday, at 
EPA's Air and Radiation Docket and Information Center (Mail Code 6102), 
401 M Street, SW, Washington, DC 20460, or by calling (202) 260-7548. 
The docket is located at the above address in Room M-1500, Waterside 
Mall (ground floor, central mall). A reasonable fee may be charged for 
copying.

FOR FURTHER INFORMATION CONTACT: For information regarding this 
proposal, contact Ms. Julie Andresen at (919) 541-5339, Program Review 
Group, Information Transfer and Program Integration Division (MD-12), 
U.S. Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711. For technical information, contact Mr. Walt Stevenson 
at (919) 541-5264, Combustion Group, Emission Standards Division (MD-
13), U.S.

[[Page 3510]]

Environmental Protection Agency, Research Triangle Park, North Carolina 
27711. For information regarding the implementation of this Federal 
plan, contact the appropriate Regional Office (table 2) as shown in 
section I of Supplementary Information.

SUPPLEMENTARY INFORMATION:

I. Background of MWC Regulations and Affected Facilities

A. Background of MWC Regulations

    On February 11, 1991 (56 FR 5488), EPA promulgated in the Federal 
Register emission guidelines for existing MWC units (40 CFR part 60, 
subpart Ca) under authority of section 111 of the Act as amended in 
1977. On September 20, 1994, EPA proposed revised emission guidelines 
for MWC units (40 CFR part 60, subpart Cb) under sections 111 and 129 
of the Act as amended in 1990. On December 19, 1995, EPA issued final 
emission guidelines applicable to small and large categories of MWC 
units.<SUP>1</SUP> See 60 FR 65387. On April 8, 1997, the United States 
Court of Appeals for the District of Columbia Circuit vacated subpart 
Cb as it applies to MWC units with an individual capacity to combust 
less than or equal to 250 tons per day of municipal solid waste (MSW) 
(small MWC units), 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), amended, 108 F.3d 1454 
(D.C. Cir. 1997). As a result, subpart Cb applies only to MWC units 
with an individual capacity to combust more than 250 tons per day of 
MSW per unit (large MWC units). On August 25, 1997 EPA published 
changes to the emission guidelines to address the court decision (62 FR 
45116). Those changes went into effect on October 24, 1997.
---------------------------------------------------------------------------

    \1\ The small category comprised all MWC units located at 
facilities with total capacity to combust between 35 mg/day (40 tons 
per day), and 225 mg/day (250 tons per day) of MSW. The large 
category comprised all MWC units located at facilities with total 
capacity to combust greater than 250 tons per day of MSW.
---------------------------------------------------------------------------

    States with existing large MWC units subject to the emission 
guidelines were required to submit to EPA a plan that implements and 
enforces the guidelines within 1 year after promulgation of the 
guidelines, or by December 19, 1996. The court's order that vacated the 
applicability of the guidelines to small MWC units and cement kilns did 
not affect the due date or the required content of State plans for 
large MWC units. The State plans due date remained December 19, 1996. 
Section 129(b)(3) of the Act requires EPA to develop, implement, and 
enforce a Federal plan for large units located in States that have not 
submitted an approvable plan within 2 years after promulgation of the 
guidelines, or by December 19, 1997. This action proposes a Federal 
plan for MWC units that are not covered by a State plan. The elements 
of the Federal plan are summarized in section II of this preamble.

B. MWC Federal Plan and Affected Facilities

    This proposed MWC Federal plan would affect all MWC units with a 
combustion capacity greater than 250 tons per day of municipal solid 
waste (large MWC units) that commenced construction on or before 
September 20, 1994 that are located in: (1) Any State for which a State 
plan has not been approved; (2) any State whose State plan has been 
approved and subsequently vacated in whole or in part; or (3) any State 
with an approved State plan that subsequently revises any component of 
the plan (e.g., the underlying legal authority or enforceable 
mechanism) such that the State plan is no longer as protective as the 
emission guidelines. The specific applicability of this plan is 
described in Secs. 62.14100 and 62.14102 of subpart FFF.
    This proposed MWC Federal plan would not affect an MWC unit covered 
by an EPA approved State plan. If a State submits a State plan and that 
State plan is approved before promulgation of the Federal plan, the 
promulgated MWC Federal plan would not apply to MWC units covered by 
that State plan. Furthermore, promulgation of this MWC Federal plan 
does not preclude a State from submitting a State plan later. If a 
State submits a State plan after promulgation of the MWC Federal plan, 
EPA will review and approve or disapprove the plan. Upon approval of 
the State plan, the Federal plan would no longer apply. The EPA will 
periodically amend the exclusion table in Sec. 62.14102 of subpart FFF 
to identify MWC units covered in the approved State plan that are 
excluded from Federal plan applicability. (See the discussion in State 
Submits a State Plan After Large MWC Units Located in the State Are 
Subject to the Federal Plan--Full Transfer of Authority Through State 
Plan Approval in section VI of this preamble.) States are, therefore, 
encouraged to continue their efforts to develop and submit State plans 
to EPA for approval.
    To clarify which MWC units would and would not be covered, this 
proposed Federal plan lists in the exclusion table in Sec. 62.14102 of 
subpart FFF those units, by State, to which the MWC Federal plan would 
not apply. Only the MWC units listed in that table are excluded from 
the proposed Federal plan. Large MWC units not listed in the exclusion 
table would be covered by the Federal plan. For example, if a large MWC 
is located in a State and the large unit is not either specifically 
listed in the applicability section of the State plan or covered by a 
general applicability clause in the State plan, the large MWC unit 
would be subject to the Federal plan. Also, large MWC units overlooked 
by a State that submitted a negative declaration letter would be 
subject to the Federal plan. As stated above, EPA expects additional 
State plans to be approved prior to promulgation of this rule. The 
promulgated Federal plan would list in the exclusion table, those 
additional units in States in which an approved State plan applies.

C. Status of State Plan Submittals

    Many States are making significant progress on their State plans 
and EPA expects many State plans to be submitted in the next few 
months. Table 1 summarizes the status of State plans and negative 
declarations. The table is based on information from Regional Offices 
(A-97-45, II-I-5). The status of State plan submittals as of December 
19, 1997 is as follows:

    <bullet> The EPA has approved the State plans for Oregon and 
Florida and the MWC units covered in those State plans would not be 
covered by the proposed MWC Federal plan (The EPA has reviewed and 
approved the State plan for Illinois. However, the Federal Register 
notice approving the plan has not been published. Therefore, the 
approval of the Illinois State plan is not reflected elsewhere in 
this proposal.);
    <bullet> The EPA has received a negative declaration letter from 
States listed in section I of table 1 stating that there are no 
large MWC units in these States; thus EPA is not expecting a State 
plan to be submitted from these States. However, in the unlikely 
event that large MWC units are subsequently identified in any of 
these States, this Federal plan would automatically apply to them;
    <bullet> The EPA has received a State plan from States listed in 
section II of table 1 and the State plans currently are being 
reviewed by EPA. The proposed Federal plan would cover large MWC 
units in these States, but if these State plans are approved, the 
promulgated Federal plan would not cover units addressed in the 
approved State plans.
    <bullet> The EPA has not received a State plan or a negative 
declaration letter from the States listed in section III of table 1. 
The large MWC units in these States would be subject to the proposed 
MWC Federal plan until a State plan applicable to large MWC units is 
approved by EPA.

[[Page 3511]]



       Table 1.--Status of States Without an Approved State Plan <SUP>a      
------------------------------------------------------------------------
                   State                               Status <SUP>b         
------------------------------------------------------------------------
                I. Negative declaration submitted to EPA                
------------------------------------------------------------------------
Region I:                                                               
  Rhode Island.............................  A                          
  Vermont..................................  A                          
Region II:                                                              
  Puerto Rico..............................  A                          
  Virgin Islands...........................  A                          
Region III:                                                             
  Delaware.................................  A                          
  District of Columbia.....................  A                          
  West Virginia............................  A                          
Region IV:                                                              
  Kentucky.................................  A                          
  Mississippi..............................  A                          
  North Carolina...........................  A                          
Region V:                                                               
  Wisconsin................................  A                          
Region VI:                                                              
  Arkansas.................................  A                          
  Louisiana................................  A                          
  New Mexico...............................  A                          
  Texas....................................  A                          
Region VII:                                                             
  Iowa.....................................  A                          
  Kansas...................................  A                          
  Missouri.................................  A                          
  Nebraska.................................  A                          
Region VIII:                                                            
  Colorado.................................  A                          
  Montana..................................  A                          
  North Dakota.............................  A                          
  South Dakota.............................  A                          
  Utah.....................................  A                          
  Wyoming..................................  A                          
Region IX:                                                              
  Arizona..................................  A                          
  Nevada...................................  A                          
Region X:                                                               
  Alaska...................................  A                          
  Idaho....................................  A                          
------------------------------------------------------------------------
                     II. State plan submitted to EPA                    
------------------------------------------------------------------------
Region II:                                                              
  New York.................................  B                          
Region III:                                                             
  Maryland.................................  B                          
Region IV:                                                              
  Georgia..................................  B                          
  Tennessee................................  B                          
Region V:                                                               
  Illinois.................................  B                          
------------------------------------------------------------------------
       III. State plan or negative declaration not submitted to EPA     
------------------------------------------------------------------------
Region I:                                                               
  Connecticut..............................  C                          
  New Hampshire............................  C                          
  Maine....................................  C                          
  Massachusetts............................  C                          
Region II:                                                              
  New Jersey...............................  C                          
Region III:                                                             
  Pennsylvania.............................  C                          
  Virginia.................................  C                          
Region IV:                                                              
  Alabama..................................  C                          
  South Carolina...........................  C                          
Region V:                                                               
  Indiana..................................  C                          
  Michigan.................................  C                          
  Minnesota................................  C                          
  Ohio.....................................  C                          
Region VI:                                                              
  Oklahoma.................................  C                          
Region VII:                                                             
  None.....................................                             
Region VIII:                                                            
  None.....................................                             
Region IX:                                                              
  American Samoa...........................  C                          
  California...............................  C                          
  Guam.....................................  C                          
  Hawaii...................................  C                          
  Northern Mariana Islands.................  C                          
Region X:                                                               
  Washington...............................  C                          
------------------------------------------------------------------------
<SUP>a Any large MWC units in these States are covered by the proposed       
  Federal plan.                                                         
<SUP>b Status codes.                                                         
A=Negative declaration submitted. No State plan is expected. However, in
  the unlikely event that large MWC units are subsequently identified in
  any of these States, this Federal plan would automatically apply to   
  them.                                                                 
B=State plan has been submitted and is being reviewed by EPA. If the    
  plan is approved, MWC units in these States would not be subject to   
  the promulgated Federal plan.                                         
C=State plan or negative declaration submittal has not been received.   

    While section 129 of the Act specifies that the Federal plan would 
apply to units in any State that has not submitted an ``approvable'' 
plan by December 19, 1997, the proposed language in Sec. 62.14100 
refers to units in States for which a State plan has not been 
``approved.'' Because this Federal plan will be promulgated in 1998, 
EPA expects to have approved or disapproved State plans that are 
submitted by December 19, 1997. Thus, when this Federal plan is 
promulgated, any ``approvable'' State plans that were submitted by 
December 19, 1997, will likely have been ``approved.''
    Regulated Entities. Entities regulated by this action are existing 
MWC units with capacities to combust greater than 250 tons per day of 
MSW unless the unit is subject to a section 111(d)/129 State plan that 
has been approved by EPA. The EPA projects that this proposed MWC 
Federal plan could initially affect up to 143 MWC units at 59 plants in 
23 States. However, many State plans are expected to be approved by the 
time the Federal plan is promulgated. Based on current expectations, 
this Federal plan may affect 53 MWC units at 21 plants by June 1998 and 
13 MWC units at 4 plants by June 1999. Regulated categories and 
entities include:

------------------------------------------------------------------------
           Category                  Examples of regulated entities     
------------------------------------------------------------------------
Industry and Local Government  Waste-to-energy plants that generate     
 Agencies.                      electricity or steam from the combustion
                                of garbage by feeding municipal waste   
                                into large furnaces.                    
                               Incinerators that combust trash but do   
                                not recover energy from the waste.      
------------------------------------------------------------------------

    The foregoing table is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be regulated 
by this MWC Federal plan. For specific applicability criteria, see 
Secs. 62.14100 and 62.14102 of subpart FFF.
    Electronic Submittal of Comments. Comments and data may be 
submitted electronically via electronic mail (E-mail) or on disk. 
Electronic comments on this proposed rule may be filed via E-mail at 
most Federal Depository Libraries. E-mail submittals should be sent to 
A-and-R-D<a href="/cdn-cgi/l/email-protection#f09f939b9584b09580919d91999cde958091de979f86"><span class="__cf_email__" data-cfemail="422d21292736022732232f232b2e6c2732236c252d34">[email protected]</span></a>. No confidential business information 
should be submitted through E-mail. Comments and data also will be 
accepted on disks in WordPerfect 5.1 or 6.1 file format or ASCII file 
format. Electronic comments must avoid the use of special characters 
and any form of encryption. All comments and data for this proposal, 
whether in paper form or electronic forms, must be identified by docket 
number A-97-45.
    Regional Office Contacts. For information regarding the 
implementation of the MWC Federal plan, contact the appropriate EPA 
Regional Office as shown in table 2.

[[Page 3512]]



                         Table 2.--EPA Regional Contacts for Municipal Waste Combustors                         
----------------------------------------------------------------------------------------------------------------
                             Regional contact                                   Phone No.           Fax No.     
----------------------------------------------------------------------------------------------------------------
John Courcier, U.S. EPA, Region I (Connecticut, Maine, Massachusetts, New                                       
 Hampshire, Rhode Island, Vermont), John F. Kennedy Federal Bldg., Boston,                                      
 MA 02203-0001............................................................     (617) 565-9462     (617) 565-4940
Christine DeRosa, U.S. EPA, Region II (New Jersey, New York, Puerto Rico,                                       
 Virgin Islands), 290 Broadway, New York, NY 10007-1866...................     (212) 637-4022     (212) 637-3901
James B. Topsale, U.S. EPA/3AP22, Region III (Delaware, District of                                             
 Columbia, Maryland, Pennsylvania, Virginia, West Virginia), 841 Chestnut                                       
 Bldg., Philadelphia, PA 19107............................................     (215) 556-2190     (215) 566-2134
Brian Beals, Scott Davis, U.S. EPA/APTMD, Region IV (Alabama, Florida,                                          
 Georgia, Kentucky, Mississippi, North Carolina, South Carolina,                                                
 Tennessee), 345 Courtland St., N.E., Atlanta, GA 30365...................     (404) 562-9098                   
                                                                               (404) 562-9127     (404) 562-9095
Douglas Aburano (MN), Mark Palermo (IL, IN, OH), Rick Tonielli (MI),                                            
 Charles Hatten (WI), U.S. EPA/AT18J, Region V (Illinois, Indiana,                                              
 Michigan, Minnesota, Ohio, Wisconsin), 77 W. Jackson Blvd., Chicago, IL                                        
 60604....................................................................     (312) 353-6960                   
                                                                               (312) 886-6082                   
                                                                               (312) 886-6068                   
                                                                               (312) 886-6031     (312) 886-5824
Mick Cote, U.S. EPA, Region VI (Arkansas, Louisiana, New Mexico, Oklahoma,                                      
 Texas), 1445 Ross Ave., Suite 1200, Dallas, TX 75202-2733................     (214) 665-7219     (214) 665-7263
Wayne Kaiser, U.S. EPA, Region VII (Iowa, Kansas, Missouri, Nebraska), 726                                      
 Minnesota Ave., Kansas City, KS 66101....................................     (913) 551-7603     (913) 551-7065
Mike Owens, U.S. EPA, Region VIII (Colorado, Montana, North Dakota, South                                       
 Dakota, Utah, Wyoming), 999 18th Street, Suite 500, Denver, CO 80202-2466     (303) 312-6440     (303) 312-6064
Patricia Bowlin, U.S. EPA/Air 4, Region IX (American Somoa, Arizona,                                            
 California, Guam, Hawaii, Northern Mariana Islands, Nevada), 75 Hawthorne                                      
 Street, San Francisco, CA 94105..........................................     (415) 744-1188     (415) 744-1076
Catherine Woo, U.S. EPA, Region X (Alaska, Idaho, Oregon, Washington),                                          
 1200 Sixth Ave., Seattle, WA 98101.......................................     (206) 553-1814     (206) 553-0404
----------------------------------------------------------------------------------------------------------------

II. Required Elements of the Proposed MWC Federal Plan

    Sections 111(d) and 129 of the Act, as amended, 42 U.S.C. 7411(d) 
and 7429(b)(2), require States to develop and implement State plans for 
MWC units to implement and enforce the promulgated emission guidelines. 
Subparts B and Cb of 40 CFR part 60 require States to submit State 
plans that include specified elements. Because this Federal plan is 
being proposed in lieu of State plans, it includes the same essential 
elements: (1) identification of legal authority, (2) identification of 
mechanisms for implementation, (3) inventory of affected facilities, 
(4) emission inventory, (5) emission limits, (6) compliance schedules, 
(7) public hearing requirements, (8) reporting and recordkeeping 
requirements, and (9) public progress reports. Each State plan element 
is summarized below as it relates to this proposed MWC Federal plan.

A. Legal Authority and Mechanisms for Implementation

    As a required element of a State plan, a State must demonstrate 
that it has the legal authority to adopt and implement the emission 
requirements and compliance schedules in the State plan. The State also 
must identify the enforceable State mechanism for implementing the 
emission guidelines (e.g., a State rule or other State enforcement 
mechanism). Section 129(b)(3) of the Act requires EPA to develop a 
Federal plan for States that do not submit an approvable State plan 
within 2 years after promulgation of the emission guidelines. By 
proposing this MWC Federal plan, EPA is fulfilling its obligation under 
the Act to establish emission limits and other requirements for MWC 
units in States that have not yet submitted approvable plans. The EPA 
is proposing a Federal regulation under the legal authority of the Act 
as the mechanism to implement the emission guidelines. However, as 
discussed in section VI of this preamble, implementation and 
enforcement of the Federal plan can be delegated to State and local 
agencies. Furthermore, when a State plan is approved, the Federal plan 
will no longer apply to MWC units covered by a State plan.

B. Inventory of Affected MWC Units

    As a required element, a State plan must include a complete source 
inventory of MWC units affected by the emission guidelines. Consistent 
with the requirement for State plans to include an inventory of MWC 
units, docket A-97-45 contains an inventory of large MWC units covered 
by this proposed MWC Federal plan. The inventory is contained in a 
memorandum entitled ``Inventory and Emission Estimates for Large 
Municipal Waste Combustor Units Covered by the Proposed Federal Section 
111(d)/129 Plan'' (A-97-45, II-B-1). Item II-B-1 serves both the MWC 
inventory requirement and the MWC emission inventory requirement, which 
will be discussed in the following section. The inventory is based on 
information available to EPA during development of the 1995 emission 
guidelines and recent information from EPA Regional Offices.

C. Inventory of Emissions

    As a required element, a State plan must include an emission 
inventory for MWC units subject to the emission guidelines. The 
pollutants to be inventoried include dioxins/furans, cadmium (Cd), lead 
(Pb), mercury (Hg), particulate matter (PM), hydrogen chloride (HCl), 
nitrogen oxides (NO<INF>X</INF>), carbon monoxide (CO), and sulfur 
dioxide (SO<INF>2</INF>). For this proposal, EPA has estimated the 
emissions from each MWC unit that would be covered by the Federal plan 
for all pollutants regulated by the Federal plan. This emission 
inventory is item II-B-1 in docket A-97-45. Table 3 of this preamble 
summarizes the results of the inventory for those States that do not 
have an approved State plan. Pollutant emissions are expressed in 
megagrams per year (Mg/yr) for most pollutants and grams per year (g/
yr) for dioxins. The emission inventory is based on information known 
about the combustor and uses emission factors contained in 
``Compilation of Air Pollutant Emission Factors'' (AP-42). Refer to the 
emission estimates memorandum in docket A-97-45 for the complete 
emissions inventory and details on the calculations.

[[Page 3513]]



                                          Table 3.--Summary of Current Emissions From Large MWC Units by State                                          
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Dioxins/                                                                                   
                       Region/state                         furans  (g/  Cd  (Mg/yr)   Pb  (Mg/yr)   Hg  (Mg/yr)  PM  (Mg/  HCl (Mg/  SO<INF>2 (Mg/  NO<INF>X (Mg/
                                                                yr)                                                  yr)       yr)       yr)       yr)  
--------------------------------------------------------------------------------------------------------------------------------------------------------
Region I:                                                                                                                                               
    Connecticut...........................................          53         0.027         0.477          1.74        78       144       476      3684
    Maine.................................................          56         0.006         0.296          0.06        32        24       145      1334
    Massachusetts.........................................         673         0.103         1.86           4.13       126       543      1466      5866
    New Hampshire.........................................          15         0.002         0.024          0.2         13        48       109       277
    Rhode Island..........................................           0         0             0              0            0         0         0         0
    Vermont...............................................           0         0             0              0            0         0         0         0
Region II:                                                                                                                                              
    New Jersey............................................         394         0.014         0.521          2.35        56       145       499      2737
    New York..............................................         619         0.304         1.33           4.61       156      2492      1911      5293
    Puerto Rico...........................................           0         0             0              0            0         0         0         0
Region III:                                                                                                                                             
    Delaware..............................................           0         0             0              0            0         0         0         0
    District of Columbia..................................           0         0             0              0            0         0         0         0
    Maryland..............................................         493         0.277         1.084          2.47        89      2241      1332      1964
    Pennsylvania..........................................         178         0.092         0.506          3.23        93       714       918      3571
    Virginia..............................................          46         0.034         0.712          1.34        58       144       464      3007
    Virgin Islands........................................           0         0             0              0            0         0         0         0
    West Virginia.........................................           0         0             0              0            0         0         0         0
Region IV:                                                                                                                                              
    Alabama...............................................           2         0.003         0.025          0.05         7        22        58       383
    Georgia...............................................         108         0.06          0.226          0.52        16       485       263       277
    Kentucky..............................................           0         0             0              0            0         0         0         0
    Mississippi...........................................           0         0             0              0            0         0         0         0
    South Carolina........................................          69         0.001         0.81           0.36         7        15        59       333
    Tennessee.............................................         227         0.125         0.475          1.09        33      1019       551       583
Region V:                                                                                                                                               
    Illinois..............................................           4         0.001         0.3            0.02        14         9         4       283
    Indiana...............................................          28         0.011         0.087          0.96        23        75       199      1311
    Michigan..............................................         465         0.084         0.837          1.03        89       627       589      3085
    Minnesota.............................................         268         0.039         0.807          0.8        168       983       676      2717
    Ohio..................................................          18         0.01          0.264          0.44         5        25        87       206
    Wisconsin.............................................           0         0             0              0            0         0         0         0
Region VI:                                                                                                                                              
    Arkansas..............................................           0         0             0              0            0         0         0         0
    Louisiana.............................................           0         0             0              0            0         0         0         0
    New Mexico............................................           0         0             0              0            0         0         0         0
    Oklahoma..............................................         244         0.134         0.509          1.17        36      1092       590       624
    Texas.................................................           0         0             0              0            0         0         0         0
Region VII:                                                                                                                                             
    Kansas................................................           0         0             0              0            0         0         0         0
    Iowa..................................................           0         0             0              0            0         0         0         0
    Missouri..............................................           0         0             0              0            0         0         0         0
    Nebraska..............................................           0         0             0              0            0         0         0         0
Region VIII:                                                                                                                                            
    Colorado..............................................           0         0             0              0            0         0         0         0
    Montana...............................................           0         0             0              0            0         0         0         0
    North Dakota..........................................           0         0             0              0            0         0         0         0
    South Dakota..........................................           0         0             0              0            0         0         0         0
    Utah..................................................           0         0             0              0            0         0         0         0
    Wyoming...............................................           0         0             0              0            0         0         0         0
Region IX:                                                                                                                                              
    American Samoa........................................           0         0             0              0            0         0         0         0
    Arizona...............................................           0         0             0              0            0         0         0         0
    California............................................          31         0.011         0.094          1.04        25        81       216      1017
    Guam..................................................           0         0             0              0            0         0         0         0
    Hawaii................................................          35         0.026         0.387          0.14        32        58       523      1646
    Nevada................................................           0         0             0              0            0         0         0         0
    Northern Mariana Islands..............................           0         0             0              0            0         0         0         0
Region X:                                                                                                                                               
    Alaska................................................           0         0             0              0            0         0         0         0
    Idaho.................................................           0         0             0              0            0         0         0         0
    Washington............................................          10         0.004         0.029          1.19         8        25        67       318
--------------------------------------------------------------------------------------------------------------------------------------------------------

D. Emission Limits

    Emission Limits. As a required element, a State plan must include 
emission limits. Section 129(b)(2) requires these emission limits to be 
``at least as protective as'' those in the emission guidelines. The 
emission limits in this proposed MWC Federal plan are the same as those 
contained in

[[Page 3514]]

the emission guidelines (40 CFR part 60, subpart Cb) as amended on 
August 25, 1997 (62 FR 45116). The emission limits and additional 
requirements are summarized in section V of this preamble. (See the 
discussion in An Approved State Plan Is No Longer As Protective As The 
Emission Guidelines--Partial Transfer of Authority Through Delegation 
in section VI of this preamble for a discussion of State plans that do 
not include the amended emission limits.)
    The emission limits for all pollutants except NO<INF>X</INF> can be 
achieved by the combination of good combustion practices (GCP), post-
combustion control by a spray dryer with either an electrostatic 
precipitator (ESP) or a fabric filter, and supplemented with activated 
carbon injection. For MWC units requiring NO<INF>X</INF> control, the 
limits can be achieved using selective noncatalytic reduction (SNCR). 
This combination of controls was determined to represent the Maximum 
Achievable Control Technology (MACT) under the section 129 guidelines. 
An MWC owner or operator is free to employ any techniques to comply 
with the proposed MWC Federal plan, as long as the numerical emission 
limits for all pollutants are met.
    The emission guidelines, as amended on August 25, 1997, apply the 
emission limits for SO<INF>2</INF>, HCl, Pb, and NO<INF>X</INF> in two 
stages. The final guidelines require compliance with the emission 
limits in the 1995 guidelines by December 19, 2000 and compliance with 
the four amended emission limits by August 25, 2002. Specifically, the 
final emission guidelines require compliance with SO<INF>2</INF> and 
HCl limits of 31 parts per million by volume (ppmv) by December 19, 
2000 and 29 ppmv by August 25, 2002. The lead limit is 0.49 milligrams 
per dry standard cubic meter (mg/dscm) by December 19, 2000, and 0.44 
mg/dscm by August 25, 2002. The NO<INF>X</INF> limit for one type of 
MWC, fluidized bed combustors, decreases. The four amended limits were 
added as a result of a court decision, as described in 62 FR 45116 
(August 25, 1997).
    This proposed Federal plan addresses the emission limits in 40 CFR 
part 60, subpart Cb, including the final amended limits for the four 
pollutants, and would require compliance with all limits by December 
19, 2000. The same types of air pollution control technology served as 
the basis for both the 1995 and the amended limits: spray dryer/fabric 
filter or ESP, carbon injection, and SNCR for non-refractory combustor 
types. Large MWC units would need to install these controls by December 
19, 2000 to meet the original limits, and as soon as the controls are 
installed, they will also meet the final, amended limits. Thus, for 
simplicity, this proposed Federal plan includes only the final, amended 
emission limits for these four pollutants.
    Operator Training and Certification. The emission guidelines 
require American Society of Mechanical Engineers (ASME) or a comparable 
State program for operator certification for chief facility operators 
and shift supervisors, and an EPA or State MWC operator training course 
for chief facility operators. In States that have not yet submitted 
State plans or that do not have State operator training and 
certification programs, ASME certification and the EPA operator 
training course would be required. However, some States already have 
submitted to EPA either a partial or a complete State plan allowing 
State training courses and/or State certification programs. The EPA is 
reviewing these plans, but has not approved them yet, so the facilities 
in these States would be covered by this proposed MWC Federal plan 
until EPA approves the State plan. Because this Federal plan is an 
interim action until State plans are approved, the Federal plan 
includes State certification and State training courses if submitted in 
a State plan. Therefore, this proposed Federal plan would allow ASME or 
State certification in Connecticut and Maryland. This proposed Federal 
plan also would allow EPA or State operator training courses in 
Connecticut. The EPA requests information on whether other States that 
will be submitting plans in the near future have State certification 
programs and/or State operator training courses. If States submit this 
information to EPA before the end of the comment period for this 
proposal (March 24, 1998), EPA intends to allow State certification and 
State operator training courses in the promulgated Federal plan for 
those States.
    NO<INF>X</INF> Trading. The emission guidelines [Sec. 60.33b(d)] 
allow States to establish programs to allow owners or operators of 
existing MWC units to trade nitrogen oxide emission credits. At this 
time, no State has submitted such a program for approval as part of 
their State plan. However, a State could include such a program in a 
future State plan submittal for approval by the Administrator on a 
case-by-case basis prior to implementation. Trading programs are not 
included in the proposed MWC Federal plan for the following reasons: 
(1) No State has requested such a trading program; (2) these trading 
programs, if approved by the State, are to be proposed by the State for 
potential approval by EPA; and (3) at least one State has specifically 
excluded MWC units from their State trading program. States may still 
allow an owner or operator to use that State's NO<INF>X</INF> trading 
program to meet the Federal plan emission limits. For example, if a 
State allows an owner or operator to use that State's NO<INF>X</INF> 
trading program to meet the emission limits rather than retrofit 
control equipment, then the owner or operator would submit its trading 
approach to the State for case-by-case approval. Then, the State would 
follow that State's approved procedures for approving the owner or 
operator's approach and then the owner or operator would submit the 
State-approved, source-specific trading approach to EPA for case-by-
case approval in time to commence the trading program by the date the 
final control plan is due for the specific MWC units. (See section II.E 
for additional discussion on determining the dates for achieving the 
increments of progress.) Please note that both the owner or operator 
and the State must act expeditiously in order to ensure that the public 
and EPA have sufficient time to review the specifics of the proposed 
trade. In general, EPA supports open market concepts, including 
trading, especially when they can be harnessed to achieve environmental 
limits, minimize costs, and EPA can ensure the technical validity and 
appropriate tracking of the parameters of the trade.
    NO<INF>X</INF> Emission Averaging. The emission guidelines allow 
States to allow the owner or operator of an affected facility to 
implement a NO<INF>X</INF> emission averaging plan within an MWC plant 
with multiple MWC units. (See 40 CFR 60.33b(d), subpart Cb.) At this 
time, no State has submitted such plant-wide emission averaging for 
approval as part of their State plan, nor have any States approved such 
averaging as part of the initial compliance report as specified in 40 
CFR 60.59b(f) or the annual compliance report specified in 40 CFR 
60.59b(g), as applicable. Therefore, no source-specific averaging plans 
are included in this Federal plan. However, a State could propose a 
NO<INF>X</INF> emission averaging plan in a future State plan submittal 
for potential approval by EPA prior to implementation. Furthermore, an 
owner or operator may propose to use plant-wide NO<INF>X</INF> emission 
averaging to meet the Federal plan NO<INF>X</INF> emission limits. The 
proposed NO<INF>X</INF> emission averaging plan must be submitted in 
the initial compliance report specified in 40 CFR 60.59b(f) or annual 
compliance report

[[Page 3515]]

specified in 40 CFR 60.39b(g), as applicable, prior to implementation.

E. Compliance Schedules and Increments of Progress

    As a required element, a State plan must include compliance 
schedules for retrofitting controls to comply with the emission 
guidelines. Because this proposed MWC Federal plan is being implemented 
in lieu of State plans, its compliance schedule includes the same five 
increments of progress as required in a State plan. The Federal plan 
increments of progress are consistent with the State plan requirements 
in 40 CFR 60.24 of subpart B. These increments of progress are required 
for compliance schedules that are longer than 12 months. The increments 
of progress in the Federal plan (and any approved State plan) are the 
primary mechanism for ensuring progress toward final compliance. Each 
increment of progress has a specified date for achievement.
    This proposed Federal plan includes the five increments of progress 
and provides three options to establish the increment dates. Under all 
three options the five increment dates are defined and are enforceable. 
The Federal plan could function with only one option, but in order to 
provide maximum flexibility, this proposal includes three options. The 
EPA requests comments on each of the options and on the desirability of 
including these multiple options in the final Federal plan. Based on 
comments received, the final Federal plan will include one, two, or 
three options. All three options are discussed in more detail following 
the definitions for the increments of progress as listed below.
1. Increments of Progress
    The increments of progress to be measured are: (1) Submitting a 
final control plan, (2) awarding contracts for control systems or 
process modifications or orders for purchase of components, (3) 
beginning on-site construction or installation of the air pollution 
control device(s) or process changes, (4) completing on-site 
construction or installation of the air pollution control device(s) or 
process changes, and (5) final compliance.
    The MWC owner or operator is responsible for meeting each of these 
five increments of progress for each MWC unit no later than the 
applicable compliance date. The owner or operator must notify EPA as 
each increment of progress is achieved (or missed). The notification 
must identify the increment and the date the achieved increment was met 
(or missed). For an increment achieved late, the notification must 
identify the increment and the date the increment was ultimately 
achieved.
    The owner or operator must mail the (post-marked) notification to 
the applicable EPA Regional Office within 10 business days of the 
increment date defined in the Federal plan. (See table 2 under the 
``Supplementary Information'' section of this document for a list of 
Regional Offices.) The definition of each increment of progress 
follows:
    Submit a Final Control Plan. To meet this increment, the owner or 
operator of each MWC unit must submit a plan that describes the air 
pollution control devices or process changes that will be employed so 
that each MWC unit complies with the emission limits and other 
requirements. The plan must include a complete analysis of the 
applicable regulatory requirements and methods of compliance and 
selected control technology options available to meet these 
requirements. (The EPA intends to provide compliance assistance 
information to MWC owners and operators upon request.) The final 
control plan also must contain engineering specifications and drawings 
of all air pollution control equipment planned to be installed and/or 
descriptions of planned process changes. The owner or operator of an 
MWC unit will typically use the services of architectural and 
engineering (A/E) firms to obtain the design drawings and other 
operational characteristics of air pollution control devices to include 
in the final control plan. The final control plan must include 
information of sufficient detail to be used to solicit bids to install 
the air pollution control devices or initiate the process changes. If 
an MWC owner or operator plans to close a unit rather than retrofit 
controls to comply with the Federal plan by the applicable compliance 
date, a final control plan for that unit is not required. The owner or 
operator, however, must notify EPA of such a cease operation decision 
by the date the final control plan is due. The owner or operator must 
also submit a legally enforceable cease operation agreement documenting 
the date by which the unit will cease operation if operations cease 
later than 1 year after promulgation of the Federal plan. (See section 
IV of this preamble for additional discussion of closed and closing 
units.)
    Award Contract. To award contract means the MWC owner or operator 
enters into legally binding agreements or contractual obligations that 
cannot be canceled or modified without substantial financial loss to 
the owner or operator. The EPA anticipates that the owner or operator 
may award a number of contracts to complete the retrofit. To meet this 
increment of progress, the MWC owner or operator must award a contract 
or contracts to initiate on-site construction, initiate on-site 
installation of air pollution control devices, and/or incorporate 
process changes. The owner or operator must mail a copy of the signed 
contract(s) to EPA within 10 business days of entering the contract(s).
    Initiate On-site Construction. To initiate on-site construction, 
installation of air pollution control devices, or process change means 
to begin any of the following:

    <bullet> Installation of an air pollution control device to be 
used to comply with the final emission limits as outlined in the 
final control plan;
    <bullet> Physical preparation necessary for the installation of 
an air pollution control device to be used to comply with the final 
emission limits as outlined in the final control plan;
    <bullet> Alteration of an existing air pollution control device 
to be used to comply with the final emission limits as outlined in 
the final control plan;
    <bullet> Alteration of the municipal waste combustion process to 
accommodate installation of an air pollution control device to be 
used to comply with the final emission limits as outlined in the 
final control plan; or
    <bullet> Process changes identified in the final control plan 
being made to meet the emission standards.

    Complete On-site Construction. To complete on-site construction 
means that all necessary air pollution control devices or process 
changes identified in the final control plan are in place, on site, and 
ready for operation on the MWC unit. If the owner or operator of an MWC 
unit is unable to complete on-site construction prior to December 19, 
2000 and, therefore ceases an MWC unit's operation and plans to restart 
it, the owner or operator must notify EPA and enter into a legally 
enforceable cease operation agreement by the date the final control 
plan is due. (See section IV of this preamble for additional discussion 
of closed and closing units.)
    Final Compliance. To be in final compliance means to incorporate 
all process changes or complete retrofit construction as designed in 
the final control plan and to connect the air pollution control 
equipment or process changes with the affected facility identified in 
the final control plan such that if the affected facility is brought on 
line all necessary process changes or air pollution control equipment 
are operating as designed. Within 180 days after the date the facility 
is required to achieve final compliance, the initial performance test 
must be conducted. On

[[Page 3516]]

or after the date the initial performance test is completed or is 
required to be completed, whichever is earlier, no pollutant may be 
discharged into the atmosphere from an affected facility in excess of 
the applicable emission limits.
2. Summary of Three Options for Determining Schedule Increment Dates
    The proposed Federal plan includes three options for establishing 
the increment dates. The compliance schedule for facilities affected by 
this MWC Federal plan could be established by option 1 (generic 
compliance schedule proposed by EPA), option 2 (facility-specific 
schedule consistent with the State plan submitted to EPA by the State), 
or option 3 (facility-specific schedule submitted to EPA by the owner 
or operator of the MWC unit or the State). Under all three options the 
five increment dates would be defined and are enforceable.
    In cases where option 2 or 3 has not been exercised, the owner or 
operator of an affected facility would be subject to option 1 (generic 
schedule). However, if the State or the MWC owner or operator submits a 
schedule that EPA approves (option 2 or 3), the owner or operator would 
be subject to that alternative schedule. Under option 2, States may 
submit increment schedules to EPA prior to the end of the comment 
period for this proposal March 24, 1998. Under option 3, an MWC owner 
or operator or the State may submit a schedule to EPA at the time the 
final control plan is due under the option 1 generic compliance 
schedule September 21, 1998. In options 2 and 3, EPA would review the 
schedules and incorporate them into the Federal plan. Each of the 
options is discussed in detail below.
    Option 1. Generic Compliance Schedule. Option 1 is the generic 
default alternative. For MWC units covered by the Federal plan where 
State plans or compliance schedules have not been submitted, EPA is 
proposing generic compliance schedules and increments of progress. 
Alone, option 1 could be unnecessarily inflexible and reflects past 
approaches to regulatory compliance. However, option 1 is necessary to 
establish a baseline where neither option 2 nor 3 is exercised. Within 
option 1, the same generic schedule would apply to each MWC unit for 
all pollutants except dioxin and mercury. The compliance schedule for 
dioxin and mercury depends on the date of the MWC unit's construction, 
as described below.
    The emission guidelines and section 129(b)(2) allow MWC units to 
complete retrofits or close no later than December 19, 2000. To be 
consistent with the emission guidelines, the final compliance date (for 
all pollutants except mercury and dioxin) in the proposed Federal plan 
is December 19, 2000. Because many MWC units are expected to retrofit 
combustion controls, as well as acid gas, PM, mercury, and/or 
NO<INF>X</INF> controls to meet the emission limits (e.g., spray dryer/
fabric filter or ESP, carbon injection, and/or SNCR), under this 
proposal they are given the maximum time (until December 19, 2000) to 
complete retrofits.
    The emission guidelines require MWC units that commenced 
construction, reconstruction, or modification after June 26, 1987 to 
achieve compliance with the mercury and dioxin limits within 1 year 
after State plan approval (or 1 year after a revised construction 
permit or a revised operating permit is issued, if a permit 
modification is required, whichever is later). The EPA is, therefore, 
proposing to require compliance with the mercury and dioxin limits 
within 1 year after promulgation of the MWC Federal plan (or 1 year 
after a revised construction permit or a revised operating permit is 
issued, if a permit modification is required, whichever is later).
    The EPA is proposing increments of progress as part of the generic 
compliance schedule. Tables in subpart FFF show the proposed increments 
of progress for pre-1987 units (December 19, 2000 schedule for all 
pollutants) and post-1987 units (1 year schedule for dioxin and 
mercury, December 19, 2000 schedule for all other pollutants).
    While the generic compliance schedule is ambitious, EPA believes it 
is achievable because MWC owners and operators and States have known 
that they would need to install controls by December 19, 2000 as a 
result of the promulgation of the emission guidelines on December 19, 
1995. Thus, MWC units already should have been developing their final 
control plans and should be ready to begin retrofits quickly. 
Furthermore, EPA believe that the generic compliance schedules are 
necessary to ensure final compliance by December 19, 2000.
    The generic compliance schedule and increments of progress are 
based on case studies of four MWC plants that either completed or are 
in the process of completing retrofits of the controls needed to meet 
the subpart Cb emission limits. The EPA reviewed the retrofit schedules 
for MWC units at four MWC plants containing 12 MWC units. The retrofit 
case studies are documented in docket A-97-45 (II-A-1 through II-A-5).
    The EPA compared the four retrofits to the increments of progress 
required by subpart B and determined appropriate time intervals for 
each increment. To provide maximum flexibility, the first three Federal 
plan increments are based on the maximum time required by any of the 
retrofits studied. The fourth increment was established to provide the 
maximum time to complete retrofits and still meet the final compliance 
date. The final increment (final compliance by December 19, 2000) is 
dictated by the Act.
    The generic compliance schedule would apply to all MWC units 
subject to this MWC Federal plan, except those units that are subject 
to site-specific compliance schedules as submitted under option 2 or 3. 
If a large MWC unit will not complete construction and achieve final 
compliance by December 19, 2000, the guidelines allow and this proposed 
Federal plan would allow the unit to cease operation by December 19, 
2000, complete the retrofit while not operating, and comply upon 
restarting. (See section IV of this preamble for a discussion of closed 
and closing units.)
    Option 2. Site-specific Compliance Schedules Submitted by States. 
Under option 2, States would submit increment dates as negotiated with 
MWC owners or operators to EPA before the end of the comment period of 
this proposal. Following review and approval of these schedules, EPA 
would add them to the Federal plan. This assures the Federal plan is 
fully consistent with State plans that are approved after the Federal 
plan is promulgated. In some cases the State already has negotiated a 
retrofit schedule with the MWC owner or operator, determined what 
retrofit schedule is feasible, held public hearings, and considered 
public comments.
    Several States have already submitted compliance schedules to EPA 
and these site-specific compliance schedules are included in this 
proposed Federal plan. The following States have submitted compliance 
schedules as of December 19, 1997: Georgia, New York, New Jersey, 
Maine, Maryland, Michigan, Minnesota, Pennsylvania, Tennessee, and 
Virginia. Some schedules have already been reviewed by EPA. Other 
schedules have not yet been reviewed because of their late arrival. The 
EPA will review these schedules concurrently with other compliance 
schedules submitted under this option. The site-specific compliance 
schedule table in subpart FFF contains the site-specific compliance 
schedules submitted to EPA. Some MWC units have already met some of 
their increments of progress.

[[Page 3517]]

    Option 3. Site-specific Compliance Schedules Submitted by MWC 
Owners or Operators or the State. The third option for determining the 
compliance dates is for the MWC owner or operator or the State to 
submit a site-specific date for achieving increments 2, 3, and 4 to EPA 
for approval. The dates for increment 1 (submitting a final control 
plan) and increment 5 (achieving final compliance) would be the same as 
option 1. As documented in the retrofit studies (docket A-97-45), the 
date for achieving the first increment (September 21, 1998) reflects 
the maximum time required by any of the retrofits studied. The final 
increment compliance date (December 19, 2000) is dictated by the Act.
    The EPA recognizes that flexibility may be needed for the award 
contract date, the start construction date, and the finish construction 
date given facility-specific retrofit considerations and constraints. 
Therefore, under option 3, EPA is requesting facility-specific 
compliance schedules from MWC owners or operators or the State.
    The State or the MWC owner or operator (preferably after consulting 
with the State) would submit alternative dates for increments 2, 3, and 
4 to EPA on September 21, 1998, at the time the final control plan is 
due. The MWC owner or operator would submit a copy of the compliance 
schedule to both EPA and the State. The EPA would review the schedule 
and coordinate with the owner or operator and the State. Following EPA 
approval, EPA would add the schedule to the site-specific compliance 
schedule table in subpart FFF as a technical amendment.
    In summary, the proposed MWC Federal plan includes three options 
for defining the five increment dates. The EPA believes including all 
three options in the Federal plan maximizes flexibility and increases 
regulatory efficiency. The EPA specifically requests comments on each 
of the options provided in this proposal, as well as comments on the 
desirability of including only a subset of the options in the final 
Federal plan.

F. Record of Public Hearings

    As a required element of a State plan, a State must include 
opportunity for public participation in developing, adopting, and 
implementing the State plan. For this MWC Federal plan, a public 
hearing will be held in Washington, DC, if individuals request to 
speak. In addition, a public hearing will be held in any State with an 
MWC unit covered by the proposed MWC Federal plan, if individuals 
request to speak. (See the Dates section of this preamble.) The hearing 
record will appear in docket A-97-45. A hearing would be held in 
Washington, DC because most of the MWC units affected by the Federal 
plan are located in the eastern United States and Washington, DC is 
easily accessible. Written public comments also are solicited. (See the 
Addresses section of this document.) The EPA will review and consider 
the oral and written comments in developing the final Federal plan.

G. Testing, Monitoring, Recordkeeping, and Reporting

    As a required element, a State plan must include the test methods 
listed in 40 CFR 60.58b of subpart Eb and the recordkeeping and 
reporting requirements listed in 40 CFR 60.59b of subpart Eb. The 
proposed MWC Federal plan includes the same provisions.

H. Progress Reports

    As a required element of a State plan, a State must submit to EPA 
annual reports on progress in the implementation of the emission 
guidelines. Emissions data would be reported to the Aerometric 
Emissions Information Retrieval System Facility Subsystem as specified 
in 40 CFR part 60, appendix D. If a State has been delegated authority 
to implement and enforce the proposed Federal plan, the State would 
submit annual progress reports to EPA, as required by 40 CFR 60.25(e) 
of subpart B. These reports can be combined with the State 
Implementation Plan report required by 40 CFR 51.32 of subpart Q, in 
order to avoid duplicative reporting. Each progress report should 
include compliance status, enforcement actions, increments of progress, 
identification of sources that have ceased operation or started 
operation, updated emission inventory and compliance information, and 
copies of technical reports on any performance testing and monitoring. 
For MWC units in States where authority has not been delegated, EPA 
intends to prepare annual progress reports.

III. Proposed Amendments to General Provisions of 40 CFR Part 62

    The proposed Federal plan would be added as a new subpart to 40 CFR 
part 62. Part 62 currently contains approvals and promulgations of 
State plans developed under section 111(d) of the Act. The MWC Federal 
plan is developed under both sections 111(d) and 129 of the Act. This 
proposal would amend the general provisions (subpart A) of part 62 to 
specify that Federal plans are contained in part 62. It would also 
amend the introductory text in Sec. 62.02 to refer to section 129, as 
applicable, in addition to section 111(d). This is necessary because 
MWC State plans that are approved and published in part 62, as well as 
the proposed Federal plan, are developed to meet the requirements of 
both sections 111(d) and 129 of the Act.

IV. Implications for Closed Units, Units That Plan To Close, and 
Units That Plan To De-Rate

    The emission guidelines (40 CFR part 60, subpart Cb) require MWC 
units to comply with the emission limits or close within 3 years 
following approval of a State plan, but no later than December 19, 
2000. Units subject to the Federal plan would also be required to 
comply or close by December 19, 2000. The Federal plan, consistent with 
the emission guidelines, would further require that if the owner or 
operator of a large MWC unit is planning to cease operation of the 
unit, the owner or operator must either cease operation of the unit 
within 1 year of promulgation of this Federal plan or submit a 
``closure agreement'' (i.e., a cease operation agreement) that defines 
the date operation will cease. Cease operation agreements must be 
legally enforceable.
    This section describes how this Federal plan addresses various 
categories of closed MWC units and de-rated MWC units, including:

    <bullet> Dismantled MWC units;
    <bullet> MWC units that have ceased operation;
    <bullet> MWC units that will cease operation within 1 year of 
Federal plan promulgation;
    <bullet> MWC units that will cease operation later than 1 year 
after Federal plan promulgation;
    <bullet> MWC units that will cease operation and plan to restart 
after December 19, 2000; and
    <bullet> MWC units that will de-rate (reduce capacity).

A. Dismantled Units

    Units that are partially or fully dismantled are not required to be 
included in the MWC unit inventory that is an element of a State plan 
or this Federal plan. MWC units are partially or fully dismantled if 
they have been physically altered so they cannot operate. Dismantled 
units cannot be restarted without extensive work; and if they were 
restarted, they would be considered a new unit and would be subject to 
the subpart Eb new source performance standard (NSPS) rather than to 
the State or Federal plan for existing units.

B. Units That Have Ceased Operation

    MWC units that are known to have ceased operation already (but are 
not known to be dismantled) are included in the inventory element of 
this proposed Federal plan. Such units must

[[Page 3518]]

also be identified in any State plans submitted to EPA. If the owner or 
operator of these inactive MWC units plans to restart these units 
before December 19, 2000, the units would be required to achieve the 
same compliance schedule required for other MWC units and final 
compliance would be achieved for all pollutants no later than December 
19, 2000. In order to assure compliance by the required date, the owner 
or operator of units that have ceased operation, but who plans to 
restart the units before December 19, 2000, must submit a final control 
plan and the units must comply with the five increments of progress on 
the same generic schedule as other MWC units subject to this Federal 
plan. (See section II.E for a discussion of compliance schedules and 
increments of progress.)
    If inactive MWC units will not be restarted until after December 
19, 2000, a control plan would not be needed. However, the proposed 
Federal plan specifies that any units that have ceased operation and 
are planned to be restarted after December 19, 2000, must complete 
retrofit and comply with the emission limits and operational 
requirements immediately upon restarting. Performance testing to 
demonstrate compliance would be required within 180 days after 
restarting. The dates for increments of progress that lead to final 
compliance (e.g., awarding contracts, initiating on-site construction, 
completing on-site construction) would not need to be specified for 
units that have ceased operation and plan to restart after December 19, 
2000, because these activities would occur before restart while the 
units are closed and have no emissions. If a unit was operated after 
December 19, 2000 without complying, it would be a violation of the 
Federal plan.

C. Units That Will Cease Operation Within 1 Year of Federal Plan 
Promulgation

    The owner or operator of currently operating MWC units subject to 
this Federal plan who will cease operation of the units rather than 
comply with the emission limits would be required to notify EPA at the 
time that final control plans are due. The owner operator would specify 
whether the MWC units will cease operation within 1 year or at a later 
date. If the owner or operator notifies EPA that the MWC units will 
cease operation within 1 year of promulgation of this Federal plan, the 
owner or operator would not be required to enter into a cease operation 
agreement. However, if the owner or operator does not cease operation 
of the units by the date 1 year after promulgation, it would be a 
violation of the Federal plan.

D. Units That Will Cease Operation Later Than 1 Year After Federal Plan 
Promulgation

    The owner or operator of an MWC unit that will cease operations 
more than 1 year after promulgation of the Federal plan would be 
required to notify EPA at the time the final control plan is due that 
the owner or operator will cease operation of the unit. The owner or 
operator of such an MWC unit also would need to enter into a legally 
enforceable cease operation agreement with EPA by the date the final 
control plan is due. The cease operation agreement would include the 
date that operation will cease. The owner or operator of an affected 
MWC unit that is ceasing operation more than 1 year after promulgation 
of this Federal plan would also submit data for dioxin/furan emission 
tests by the date 1 year after promulgation of this Federal plan per 
Sec. 62.14109 of the proposed Federal plan rule. This requirement is 
consistent with subpart Cb. The cease operation agreement ensures that 
the MWC unit will cease operation by an agreed-upon enforceable date. 
In all cases, this date would be no later than December 19, 2000.

E. Units That Will Cease Operation and Plan to Restart After December 
19, 2000

    MWC units covered by this Federal plan that will cease operation 
can be restarted after December 19, 2000 if the units achieve 
compliance upon restarting. The proposed Federal plan allows for MWC 
units that cease operation by December 19, 2000 and then restart as 
part of their retrofit schedule, because it may not be feasible for the 
owner or operator of every MWC unit at every MWC plant to complete 
every unit's retrofit by December 19, 2000. Some owners or operators 
will wish to stagger retrofit of their units to maintain service. For 
example, an MWC plant owner or operator may complete retrofits on two 
of three MWC units before December 19, 2000 and those two units could 
remain in operation. The owner or operator could cease operation of the 
third unit on December 19, 2000 and complete the unit's retrofit prior 
to restarting. (Performance testing on the third unit would be 
conducted within 180 days of restarting the retrofitted MWC unit.)
    If the owner or operator of MWC units covered by this Federal plan 
wishes to include ceasing operations as part of the retrofit schedule, 
the owner or operator would be required to notify EPA at the time the 
final control plan is due. The owner or operator would also enter into 
a cease operation agreement if the unit ceases operation later than 1 
year after Federal plan promulgation as described in section IV.D. The 
proposed Federal plan specifies that when an MWC unit restarts after 
December 19, 2000, it must comply with the Federal plan emission limits 
and operational requirements upon restarting. There would be no need to 
establish and meet specific dates for the remaining increments of 
progress (i.e., awarding contracts, initiating on-site construction, 
completing on-site construction, and final compliance) because these 
increments would be completed while the unit is closed and there are no 
emissions. The proposed Federal plan specifies that the unit must 
achieve final compliance with the Federal plan emission limits and 
operating requirements as soon as it is restarted. The performance test 
to demonstrate compliance would be required within 180 days after 
restarting.

F. Units That Plan To De-rate

    The proposed Federal plan would allow the owner or operator of an 
MWC unit to de-rate the capacity of an MWC unit to below 250 tons per 
day. Therefore, the MWC unit would be no longer be subject to the MWC 
Federal plan. De-rating means a permanent change that physically 
reduces the capacity of the MWC unit to less than 250 tons per day of 
MSW. (De-rating cannot be a permit provision, but must be a permanent 
physical restriction). The owner or operator that plans to de-rate an 
MWC unit would de-rate the unit on the same schedule and increments 
that the MWC unit would have had to follow if it were to be retrofit to 
meet the emission limits. For example, the owner or operator of an MWC 
unit that commenced construction before June 1987 that is subject to 
the proposed generic compliance schedule would need to submit a plan 
describing the specific physical changes and schedule for accomplishing 
the de-rating on the date the final control plan is due. The owner or 
operator would need to award a contract for the physical changes to the 
units to accomplish the de-rating by the date MWC units are required to 
award contracts for retrofit of air pollution control equipment. The 
owner or operator would need to initiate on-site construction and 
complete on-site construction to accomplish the de-rating by the dates 
for these increments specified in the proposed generic compliance 
schedule. Once the MWC unit physically is unable to combust

[[Page 3519]]

more than 250 tons per day, it would no longer subject to the MWC 
Federal plan.

V. Summary of Federal Plan Emission Limits and Requirements

    The proposed MWC Federal plan (40 CFR part 62, subpart FFF), which 
will implement the emission guidelines, includes emission limits, 
operating practice requirements, operator training and certification 
requirements, and compliance and performance testing requirements. 
These emission limits and requirements are the same as those in the 
emission guidelines (40 CFR part 60, subpart Cb), as amended. Table 4 
summarizes the requirements of the Federal plan rule (40 CFR part 62, 
subpart FFF).

                        Table 4.--Summary of Federal Plan Requirements for Existing MWCs<SUP>a                       
                                                                                                                
                                                                                                                
Applicability:                                                                                                  
    The Federal                                                                                                 
     plan would                                                                                                 
     apply to                                                                                                   
     existing MWC                                                                                               
     units with                                                                                                 
     capacities to                                                                                              
     combust                                                                                                    
     greater than                                                                                               
     250 tons per                                                                                               
     day of                                                                                                     
     municipal                                                                                                  
     solid waste                                                                                                
     unless the                                                                                                 
     unit is                                                                                                    
     subject to a                                                                                               
     section 111(d)/                                                                                            
     129 State plan                                                                                             
     that has been                                                                                              
     approved by                                                                                                
     EPA.                                                                                                       


                                                                                                                
     Unit size (MSW combustion capacity)                                  Requirement                           
> 250 tons per day (referred to as a large     Subject to provisions listed below.                              
 MWC unit).                                                                                                     


Good Combustion Practices:                                              
    <bullet> A site-specific operator training manual would be required 
     to be developed and made available for MWC personnel.              
    <bullet> The EPA or a State MWC operator training course would be   
     required to be completed by the MWC chief facility operator, shift 
     supervisors, and control room operators.                           
    <bullet> The ASME (or State-equivalent) provisional and full        
     operator certification would be required to be obtained by the MWC 
     chief facility operator (mandatory), shift supervisors (mandatory),
     and control room operators (optional).                             
    <bullet> The MWC load level would be required to be measured and not
     to exceed 110 percent of the maximum load level measured during the
     most recent dioxin/furan performance test.                         
    <bullet> The maximum PM control device inlet flue gas temperature   
     would be required to be measured and not to exceed the temperature 
     17 deg.C above the maximum temperature measured during the most    
     recent dioxin/furan performance test.                              
    <bullet> The CO level would be required to be measured using a CEMS,
     and the concentration in the flue gas would be required not to     
     exceed the following:                                              
                                                                        


                                                                        
                                                             Averaging  
           MWC type                     CO level                time    
                                                                        
Modular starved-air and        50 ppmv...................  4-hour.      
 excess-air.                                                            
Mass burn waterwall and        100 ppmv..................  4-hour.      
 refractory.                                                            
Mass burn rotary refractory..  100 ppmv..................  24-hour.     
Fluidized-bed combustion.....  100 ppmv..................  4-hour.      
Pulverized coal/RDF mixed      150 ppmv..................  4-hour.      
 fuel-fired.                                                            
Spreader stoker coal/RDF       200 ppmv..................  24-hour.     
 mixed fuel-fired.                                                      
RDF stoker...................  200 ppmv..................  24-hour.     
Mass burn rotary waterwall...  250 ppmv..................  24-hour.     
MWC Organic Emissions                                                   
 (measured as total mass                                                
 dioxins/furans):                                                       
  <bullet> Dioxins/furans (performance test by EPA Reference Method 23).
                                                                        


MWC units utilizing an ESP-based air     60 ng/dscm total mass          
 pollution control system.                (mandatory) or 15 ng/dscm     
                                          total mass (optional to       
                                          qualify for less frequent     
                                          testing).<SUP>b                    
MWC units utilizing a nonESP-based air   30 ng/dscm total mass          
 pollution control system.                (mandatory) or 15 ng/dscm     
                                          total mass (optional to       
                                          qualify for less frequent     
                                          testing).<SUP>b                    
                                                                        


    <bullet> Basis for dioxin/furan limits GCP and SD/ESP or GCP and SD/
     FF, as specified above.                                            
MWC Metal Emissions:                                                    
    <bullet> PM (performance test by EPA Reference Method 5)            
        27 mg/dscm (0.012 gr/dscf).                                     
    <bullet> Opacity (performance test by EPA Reference Method 9).      
        10 percent (6-minute average).                                  
    <bullet> Cd (performance test by EPA Reference Method 29).          
        0.040 mg/dscm (18 gr/million dscf).                             
    <bullet> Pb (performance test by EPA Reference Method 29).          
        0.44 mg/dscm (200 gr/million dscf).                             
    <bullet> Hg (performance test by EPA Reference Method 29).          
        0.080 mg/dscm (35 gr/million dscf) or 85-percent reduction in Hg
         emissions.                                                     
    <bullet> Basis for PM, opacity, Cd, Pb, and Hg limits GCP and SD/ESP/
     CI or GCP and SD/FF/CI.                                            
MWC Acid Gas Emissions:                                                 
    <bullet> SO<INF>2 (performance test by CEMS).                            
        29 ppmv or 80-percent reduction in SO<INF>2 emissions.               
    <bullet> HCl (performance test by EPA Reference Method 26).         
        29 ppmv or 95-percent reduction in HCl emissions.               
    <bullet> Basis for SO<INF>2 and HCl limits.                              
        See basis for MWC metals.                                       
                                                                        


Nitrogen Oxides Emissions:                                              
    <bullet> NO<INF>X (performance                                           
     test by CEMS):                                                     
        Mass burn waterwall..  205 ppmv.                                
        Mass burn rotary       250 ppmv.                                
         waterwall.                                                     
        Refuse-derived fuel    250 ppmv.                                
         combustor.                                                     
        Fluidized bed          180 ppmv.                                
         combustor.                                                     
        Mass burn refractory.  No NO<INF>X control requirement.              

[[Page 3520]]

                                                                        
    <bullet> Basis for NO<INF>X                                              
     limits:                                                            
        MWC units except       SNCR.                                    
         refractory.                                                    
        Refractory MWC units.  No NO<INF>X control requirement.              
                                                                        


Fugitive Ash Emissions:                                                 
    <bullet> Fugitive Emissions (performance test by EPA Reference      
     Method 22).                                                        
        Visible emissions 5 percent of the time from ash transfer       
         systems except for maintenance and repair activities.          
                                                                        


    <bullet> Basis for fugitive          Wet ash handling or enclosed   
     emission limit.                      ash handling.                 
Performance Testing and Monitoring                                      
 Requirements:                                                          
    <bullet> Reporting frequency.......  Annual (semiannual if          
                                          violation).                   
    <bullet> Load, flue gas temperature  Continuous monitoring, 4-hour  
                                          block arithmetic average.     
    <bullet> CO........................  CEMS, 4-hour block or 24-hour  
                                          daily arithmetic average, as  
                                          applicable.                   
    <bullet> Dioxins/furans, PM, Cd,     Annual stack test.             
     Pb, HCl, and Hg.                                                   
    <bullet> Opacity...................  COMS (6-minute average) and    
                                          annual stack test.            
    <bullet> SO<INF>2.......................  CEMS, 24-hour daily geometric  
                                          mean.                         
                                                                        
         Fugitive ash emissions                    Annual test          
                                                                        
    <bullet> NO<INF>X.......................  CEMS, 24-hour daily arithmetic 
                                          average.                      
Compliance Schedule:                                                    
    See Section II.E of this preamble.                                  
------------------------------------------------------------------------
                                                                        
<SUP>a All concentration levels in the table are converted to 7 percent O<INF>2,  
  dry basis.                                                            
<SUP>b Although not part of the dioxin/furan limit, the dioxin/furan total   
  mass limits of 30 ng/dscm and 60 ng/dscm are equal to about 0.3 to 0.8
  ng/dscm TEQ and 0.7 to 1.4 ng/dscm TEQ, respectively. The optional    
  reduced testing limit of 15 ng/dscm total mass is equal to about 0.1  
  to 0.3 ng/dscm TEQ.                                                   

VI. Implementation of Federal Plan and Delegation

    The EPA is required to promulgate emission guidelines that are 
applicable to existing solid waste incineration sources under sections 
111(d) and 129 of the Act. However, the emission guidelines are not 
enforceable until EPA approves a State plan or promulgates a Federal 
Plan. In cases where a State has not submitted an approvable plan, the 
EPA must promulgate a MWC Federal plan for sources in the State as a 
``stop-gap'' measure to implement the emission guidelines.
    Congress has determined that the primary responsibility for air 
pollution control rests with State and local agencies. See the Act 
101(a)(3). Sections 111 and 129 of the Act also intend for the States 
to take the primary responsibility for ensuring that emission reduction 
targets are met. The daily administration of a comprehensive air 
pollution control initiative, such as this MWC Federal plan, cannot be 
easily accomplished by EPA. Unnecessary Federal intrusion would 
inevitably result if EPA were to assume the primary burden of enforcing 
the MWC Federal plan. Accordingly, the EPA has designed the MWC Federal 
plan to facilitate the transfer of authority from EPA to State and 
local agencies. For example, the EPA has encouraged States to help 
determine compliance schedules and to provide operator training and 
certification requirements for this MWC Federal plan. The EPA has 
encouraged States to participate in the development of the MWC Federal 
plan to facilitate the transfer of implementation responsibility.
    There are four mechanisms for transferring implementation 
responsibility to State and local agencies: (1) If EPA approves a State 
plan submitted to EPA after the Federal plan is promulgated, the State 
would automatically have authority to enforce and implement the State 
plan upon EPA approval; (2) if a State does not submit a State plan and 
does not have a State rule, EPA can use general delegation authority to 
delegate to State agencies authority to perform certain implementation 
responsibilities for this Federal plan to the extent allowed by State 
law; (3) if a State does not submit a State plan but adopts a State 
rule that is identical to, or as protective as, this Federal plan, then 
EPA can delegate implementation responsibilities to the State, and (4) 
if a State plan is modified such that it is no longer as protective as 
the emission guidelines, then EPA may delegate a portion of the Federal 
plan. Each of these different options is described in more detail 
below.

A. State Submits a State Plan After Large MWC Units Located in the 
State Are Subject to the Federal Plan--Full Transfer of Authority 
Through State Plan Approval

    Even after an MWC unit in a particular State becomes subject to the 
Federal plan, the State or a local agency may still adopt and submit to 
EPA for approval a State plan (i.e., a State plan containing a State 
rule or other enforceable mechanism, inventories, records of public 
hearings, and all other required elements of a State plan). The EPA 
will determine if the State plan is as protective as the emission 
guidelines. If EPA determines that the State plan is as protective as 
the emission guidelines, EPA will approve the State plan. Upon approval 
of the State plan, the Federal plan will no longer apply to MWC units 
covered by the State plan and the State will implement and enforce the 
State plan in lieu of the Federal plan. (The EPA will periodically 
amend the Federal plan to identify MWC units that are covered in the 
approved State plan and, therefore, are not subject to the Federal 
plan.) Making the State plan effective immediately upon approval 
expedites a State's assumption of responsibility for implementing the 
1995 emission guidelines through the State plan mechanism as intended 
by Congress. However, if EPA determines that the State plan is not as 
protective as the guidelines, EPA cannot approve the State plan.

B. State Takes Delegation of the Federal Plan (No State Plan or State 
Rule)--Partial Transfer of Authority Through Delegation

    The State may assume implementation responsibilities even if there 
is no State plan or State rule in effect. To the extent authorized by 
State law, the EPA believes it is advantageous for State agencies to 
agree to undertake, on the EPA's behalf, administrative and substantive 
roles in implementing the Federal plan. These roles could include: 
procedural and engineering review of certain permit applications, 
administration and oversight of compliance reporting and recordkeeping 
requirements, conduct of source inspections, and preparation of draft 
notices of violation. The EPA would

[[Page 3521]]

retain responsibility for bringing enforcement actions against sources 
violating Federal plan provisions, as well as the authority to 
terminate, modify, or revoke permits. A Memorandum of Agreement between 
the appropriate EPA Regional Office and the air pollution control 
officer or executive officer of the responsible State agency would be 
used to transfer partial authority. The EPA would announce the terms of 
the partial delegation in a Federal Register notice, and would inform 
affected sources.

C. State Adopts a State Rule and Does Not Submit a State Plan--Full 
Transfer of Authority Through Delegation

    A State may adopt a State rule that is identical to, or as 
protective as, the MWC Federal plan. The State can then be delegated 
authority to enforce the State rule, which serves to implement the 
Federal plan. Such a State can be delegated authority without 
submitting a full State plan (i.e., without a plan containing an 
inventory of emissions, public hearings, and all of the other State 
plan elements) because these elements would be included in the Federal 
plan that is being delegated to the State. The EPA would evaluate the 
State rule and, if it is identical to or as protective as the Federal 
plan, EPA will delegate authority to the State to implement the Federal 
plan by implementing and enforcing the approved State rule.
    To assure timely transfer of implementation authority to States, it 
is desirable that each State (in which MWC units subject to the MWC 
Federal plan are located) quickly adopt a State rule that is identical 
to, or as protective as, the MWC Federal plan. If a State adopts an 
essentially indistinguishable rule, the EPA intends to delegate full 
implementation responsibilities to that State immediately following 
State adoption. The EPA would publish a notice of this delegation of 
the MWC Federal plan in the Federal Register and would, in conjunction 
with the State, make efforts to ensure that affected sources are aware 
that a State has assumed responsibility for implementing the MWC 
Federal plan.
    In the event that the State fails to implement its own State rule 
or subsequently amends the State rule so that it is not as protective 
as the MWC Federal plan, the EPA will resume direct enforcement of the 
affected provisions of the MWC Federal plan and withdraw the delegation 
in whole or in part, as appropriate.

D. An Approved State Plan Is No Longer as Protective as the Emission 
Guidelines--Partial Transfer of Authority Through Delegation

    The EPA could also delegate portions of the Federal Plan to a State 
under certain circumstances. An example would be a State with an 
approved State Plan that contains the 1995 emission limits. A State 
plan must incorporate the revised emission limits by 1 year after 
promulgation of the amendments. If a State plan does not incorporate 
the amended emission limits by August 25, 1998 (1 year after the 
promulgation of the amendments to the emission guidelines), then the 
State plan would no longer be as protective as the emission guidelines. 
Rather than withdrawing its approval of the entire State plan, the EPA 
could (to the extent authorized by State law) delegate that portion of 
the Federal Plan containing the revised emission limits (from the 
August 25, 1997 amendments) to the State. The State would retain 
responsibilities for all implementation and enforcement.

VII. Title V Operating Permits

    All MWC sources subject to this MWC Federal plan must obtain a 
title V permit. Title V permits issued to sources subject to this MWC 
Federal plan must include all applicable requirements of this plan. 
Permitting authorities will enforce these requirements.

VIII. Units Subject to This Federal Plan and New Source Performance 
Standards

    This section describes the relationship between the Federal plan 
and the three NSPS in terms of applicability and emission limits. The 
MWC emission guidelines apply and this proposed Federal plan would 
apply to MWC units larger than 250 tons per day in combustion capacity 
that commenced construction before September 20, 1994. There are also 
three new source performance standards (NSPS) that apply to MWC units.
    The first NSPS for MWC units, 40 CFR part 60 subpart E, was 
promulgated in 1971. It applies to incinerators charging more than 45 
Mg per day (50 tons per day) of MSW that were constructed or modified 
after August 17, 1971. Subpart E units that combust greater than 225 mg 
per day (250 tons per day) could also be subject to the Federal plan. 
The only pollutant regulated by subpart E is PM, and the PM limit is 
higher than the limit in the proposed Federal plan. Thus, MWC units 
complying with the Federal plan PM limit would also comply with the 
subpart E NSPS emission limit for PM.
    The second NSPS, subpart Ea, was promulgated on February 11, 1991 
and revised on December 19, 1995. This NSPS applies to MWC units with 
capacities to combust greater than 250 tons per day, that:

    <bullet> Commenced construction after December 20, 1989 and on 
or before September 20, 1994; or
    <bullet> Commenced modification or reconstruction after December 
20, 1989 and on or before June 19, 1996. (``Modification'' and 
``reconstruction'' are defined in 40 CFR part 60, subpart A.)

    MWC units that started construction between December 20, 1989 and 
September 20, 1994 could be subject to both this proposed Federal plan 
(or an approved State plan) and the subpart Ea NSPS. MWC units must 
comply with the more stringent emission limit. The emission limits in 
the subpart Ea NSPS are as stringent or more stringent than the Federal 
plan (limits for the same pollutants) except for the PM and 
SO<INF>2</INF> limits. The PM and SO<INF>2</INF> limits in this Federal 
plan are slightly more stringent, but could be met using the same 
controls. Also this Federal plan has limits for three metals and 
fugitive ash that are not regulated by subpart Ea. Units already 
complying with subpart Ea also should be meeting the Federal plan 
emission limits, but will need to verify that they are indeed in 
compliance with the slightly more stringent PM, SO<INF>2</INF>, and 
metals limits contained in the Federal plan.
    The third NSPS, subpart Eb, applies to MWC units that:
    (1) Commence construction after September 20, 1994, or
    (2) Commence modification or reconstruction after June 19,1996. 
There is no overlap between the proposed Federal plan and the subpart 
Eb NSPS sources would not be subject to both rules. The emission limits 
in subpart Eb are as stringent or more stringent than the proposed 
Federal plan.

IX. Administrative Requirements

    This section addresses the following administrative requirements: 
Docket, Paperwork Reduction Act, Executive Order 12866, Unfunded 
Mandates Reform Act, and Regulatory Flexibility Act. Many of these 
administrative requirements were addressed in the preamble to the 1995 
emission guidelines (60 FR 65404-65413). Since today's proposed rule 
merely would implement the emission guidelines promulgated on December 
19, 1995 (40 CFR part 60, subpart Cb) as they apply to large MWC units 
and does not impose any new requirements, many of the

[[Page 3522]]

following administrative requirements refer to the administrative 
requirements in the preamble to the 1995 rule.

A. Docket

    As discussed above, a docket has been prepared for this action 
pursuant to the procedural requirements of section 307(d) of the Act, 
42 U.S.C. 7607(d). Docket numbers A-89-08 and A-90-45 contain the 
supporting information for the December 19, 1995 promulgated emission 
guidelines. Because this proposed rule implements the emission 
guidelines, these same dockets also contain the supporting information 
for this proposed rule. Additional supporting information for this 
proposed rule is contained in docket number A-97-45.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule will 
be submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document has been prepared by EPA 
(ICR No. 1847.01) and a copy may be obtained from Sandy Farmer, OPPE 
Regulatory Information Division; U.S. Environmental Protection Agency 
(2137), 401 M St., S.W., Washington, DC 20460 or by calling (202) 260-
2740.
    The information required by the Federal plan would be used by the 
Agency to ensure that the MWC Federal plan requirements are implemented 
and are complied with on a continuous basis. Required records and 
reports are necessary for EPA to identify MWC units that may not be in 
compliance with the MWC Federal plan requirements. Based on reported 
information, EPA would decide which units should be inspected and what 
records or processes should be inspected. The records that owners and 
operators of units maintain would indicate to EPA whether MWC personnel 
are operating and maintaining control equipment properly.
    Because the MWC Federal plan is an interim action, EPA is 
presenting a range of estimated burden. The maximum burden reflects a 
worst-case scenario in which no additional State plans are approved 
within 3 years of the Federal plan promulgation. The minimum estimate 
reflects a more likely scenario in which all remaining State plans are 
in place at some point within 3 years following promulgation of the MWC 
Federal plan.
    Based on a 1995 MWC inventory and recent information from EPA 
Regional Offices, this Federal plan is projected to affect a maximum of 
143 MWC units at 59 plants in 23 States. A number of additional State 
plans will be approved by the time the Federal plan is promulgated, or 
within the year following promulgation. When a State plan is approved, 
the Federal plan no longer applies to MWC units covered in that State 
plan. Thus, the rule will more likely affect about 53 units at 21 
plants as of June 1998 and 13 units at 4 plants as of June 1999. The 
burden has been estimated under both scenarios and is presented as a 
range.
    The maximum estimated average annual burden for industry for the 
first 3 years after the implementation of the Federal plan would be 
40,132 hours annually at a cost of $15,463,317 (including $1,561,654 in 
labor costs) per year to meet the monitoring, recordkeeping, and 
reporting requirements. The maximum estimated average annual burden, 
over the first 3 years, for the Agency would be 7,254 hours at a cost 
of $327,844 (including travel expenses) per year.
    The minimum estimated average annual burden for industry for the 
first 3 years after the implementation of the Federal plan would be 
2,677 hours annually at a cost of $1,285,000 (including $104,185 in 
labor costs) per year to meet the monitoring, recordkeeping and 
reporting requirements. The minimum estimated average annual burden for 
the first 3 years for the Agency would be 827 hours at a cost of 
$36,000 (including travel expenses) per year. The minimum burden is 
calculated for affected facilities in 5 States for the first year. The 
minimum burden is reduced to affected facilities in two States for the 
second year and no states are affected in the third year.
    Burden means total time, effort, or financial resources expended by 
persons to generate, maintain, retain, disclose, or provide information 
to or for a Federal agency. This includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing and 
providing information; adjust the existing ways to comply with any 
previously applicable instructions and requirements; train personnel to 
be able to respond to a collection of information; search data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information. An agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. 
The OMB control numbers for EPA's regulations are listed in 40 CFR part 
9 and 48 CFR part 15.

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 and OMB determined that this regulatory action is ``not 
significant'' under Executive Order 12866. The proposed Federal plan 
would simply implement the 1995 guidelines and does not result in any 
additional control requirements or impose any additional costs above 
those previously considered during promulgation of the 1995 emission 
guidelines. The EPA considered the 1995 emission guidelines and 
standards to be significant and the rules were reviewed by OMB in 1995 
(see 60 FR 65405).

D. Unfunded Mandates Act

    Under section 202 of the Unfunded Mandates 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 the proposed Federal plan does not 
include any new Federal mandates or additional requirements above those 
previously considered during promulgation of the 1995 emission 
guidelines. Therefore, the requirements of the Unfunded Mandates Act do 
not apply to this proposed rule.

E. Regulatory Flexibility Act (RFA)

    Section 605 of the RFA requires Federal agencies to give special 
consideration to the impacts of regulations on small entities, which 
are defined as 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). This proposed Federal plan would not 
establish any new requirements; therefore, pursuant to the provisions 
of

[[Page 3523]]

5 U.S.C. 605(b), EPA certifies that this Federal plan will not have a 
significant impact on a substantial number of small entities, and a 
regulatory flexibility analysis is not required.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Reporting and 
recordkeeping requirements, Incorporation by reference.

    Dated: January 14, 1997.
Carol M. Browner,
Administrator.
    For reasons set out in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401-7642.

    2. Amend Sec. 62.02 by revising paragraph (a) and adding paragraph 
(g) to read as follows:


Sec. 62.02  Introduction.

    (a) This part sets forth the Administrator's approval and 
disapproval of State plans for the control of pollutants and facilities 
under section 111(d), and section 129 as applicable, of the Act, and 
the Administrator's promulgation of such plans or portions of plans 
thereof. Approval of a plan or any portion of a plan is based on a 
determination by the Administrator that it meets the requirements of 
section 111(d), and section 129 as applicable, of the Act and 
provisions of part 60 of this chapter.
* * * * *
    (g) Substitute plans promulgated by the Administrator for States 
that do not have approved plans are contained in separate subparts that 
appear after the subparts for States. These Federal plans include 
sections identifying the applicability of the plan, emission limits, 
compliance schedules, recordkeeping and reporting, performance testing, 
and monitoring requirements.
    3. Amend subpart A by adding Sec. 62.13.


Sec. 62.13  Federal plans.

    The Federal plans apply to owners and operators of affected 
facilities that are not covered by an approved State plan, are located 
in any State for which a State plan has not been approved, or are 
located in any State whose State plan has been vacated in whole or in 
part. Affected facilities are defined in each Federal plan.
    (a) The Federal plan for municipal waste combustors is contained in 
subpart FFF of this part.
    (b) Landfills Federal plan. [Reserved]
    (c) Medical waste incinerator Federal plan. [Reserved]
    4. Amend part 62 by adding and by reserving subparts DDD and EEE as 
follows:

Subpart DDD--[Reserved]

Subpart EEE--[Reserved]

    5. Amend part 62 by adding subpart FFF consisting of Secs. 62.14100 
through 62.14109 to read as follows:
Subpart FFF--Federal Plan Requirements for Large Municipal Waste 
Combustors Constructed on or Before September 20, 1994
Sec.
62.14100  Scope.
62.14101  Definitions.
62.14102  Affected facilities.
62.14103  Emission limits for municipal waste combustor metals, acid 
gases, organics, and nitrogen oxides.
62.14104  Requirements for municipal waste combustor operating 
practices.
62.14105  Requirements for municipal waste combustor operator 
training and certification.
62.14106  Emission limits for municipal waste combustor fugitive ash 
emissions.
62.14107  Emission limits for air curtain incinerators.
62.14108  Compliance schedules.
62.14109  Reporting and recordkeeping, and compliance and 
performance testing.
Table 1 of Subpart FFF--Units Excluded From Subpart FFF
Table 2 of Subpart FFF--Nitrogen Oxides Requirements for Affected 
Facilities
Table 3 of Subpart FFF--Municipal Waste Combustor Operating 
Requirements
Table 4 of Subpart FFF--Generic Compliance Schedules and Increments 
of Progress (Pre-1987)
Table 5 of Subpart FFF--Generic Compliance Schedules and Increments 
of Progress (Post-1987)
Table 6 of Subpart FFF--Site-specific Compliance Schedules and 
Increments of Progress

Subpart FFF--Federal Plan Requirements for Large Municipal Waste 
Combustors Constructed on or Before September 20, 1994


Sec. 62.14100  Scope.

    This subpart contains emission requirements and compliance 
schedules for the control of pollutants from certain municipal waste 
combustors in accordance with section 111(d) and section 129 of the 
Clean Air Act and 40 CFR part 60, subpart B. This municipal waste 
combustor Federal plan applies to each affected facility as defined in 
Sec. 62.14102 that is not covered by a currently approved State plan.


Sec. 62.14101  Definitions.

    Terms used but not defined in this subpart have the meaning given 
to them in the Clean Air Act and 40 CFR part 60, subparts A, B, and Eb.
    Contract means a legally binding agreement or obligation that 
cannot be canceled or modified without substantial financial loss.
    De-rate means to make a permanent physical change to the municipal 
waste combustor unit that reduces the maximum combustion capacity of 
the unit to less than or equal to 250 tons per day of municipal solid 
waste. A permit restriction or a change in operation does not qualify 
as de-rating. (See the procedures specified in 40 CFR 60.58b(j) of 
subpart Eb for calculating municipal waste combustor unit capacity.)
    Municipal waste combustor plant means one or more affected 
facilities (as defined in Sec. 62.14102) at the same location.
    Protectorate means American Samoa, the Commonwealth of Puerto Rico, 
the District of Columbia, Guam, the Northern Mariana Islands, and the 
Virgin Islands.
    State means any of the 50 United States and the protectorates of 
the United States.
    State plan means a plan submitted pursuant to section 111(d) and 
section 129(b)(2) of the Clean Air Act and 40 CFR part 60, subpart B 
that implements and enforces 40 CFR part 60, subpart Cb.


Sec. 62.14102  Affected facilities.

    (a) The affected facility to which this subpart applies is each 
municipal waste combustor unit with a capacity to combust greater than 
250 tons per day of municipal solid waste for which construction was 
commenced on or before September 20, 1994, in all States and 
protectorates except for the affected facilities listed in table 1 of 
this subpart. Notwithstanding the exclusions in table 1 of this subpart 
applies to affected facilities in any State that does not have a State 
plan currently approved.
    (b) A municipal waste combustor unit regulated by an EPA approved 
State plan is not regulated by this subpart.
    (c) Any municipal waste combustor unit that has the capacity to 
combust 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:
    (1) Notifies the EPA Administrator of an exemption claim;

[[Page 3524]]

    (2) Provides a copy of the Federally enforceable permit that limits 
the firing of municipal solid waste to less than 11 tons per day; and
    (3) Keeps records of the amount of municipal solid waste fired on a 
daily basis.
    (d) Physical or operational changes made to an existing municipal 
waste combustor unit primarily for the purpose of complying with the 
emission requirements of this subpart are not considered in determining 
whether the unit is a modified or reconstructed facility under 40 CFR 
part 60, subpart Ea or subpart Eb.
    (e) A qualifying small power production facility, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that 
burns homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy is 
not subject to this subpart if the owner or operator of the facility 
notifies the EPA Administrator of this exemption and provides data 
documenting that the facility qualifies for this exemption.
    (f) A qualifying cogeneration facility, as defined in section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns 
homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy 
and steam or forms of useful energy (such as heat) that are used for 
industrial, commercial, heating, or cooling purposes, is not subject to 
this subpart if the owner or operator of the facility notifies the EPA 
Administrator of this exemption and provides data documenting that the 
facility qualifies for this exemption.
    (g) Any unit combusting a single-item waste stream of tires is not 
subject to this subpart if the owner or operator of the unit:
    (1) Notifies the EPA Administrator of an exemption claim; and
    (2) Provides data documenting that the unit qualifies for this 
exemption.
    (h) Any unit required to have a permit under section 3005 of the 
Solid Waste Disposal Act is not subject to this subpart.
    (i) Any materials recovery facility (including primary or secondary 
smelters) that combusts waste for the primary purpose of recovering 
metals is not subject to this subpart.
    (j) Any cofired combustor, as defined under 40 CFR 60.51b of 
subpart Eb that meets the capacity specifications in paragraph (a) of 
this section is not subject to this subpart if the owner or operator of 
the cofired combustor:
    (1) Notifies the EPA Administrator of an exemption claim;
    (2) Provides a copy of the Federally enforceable permit (specified 
in the definition of cofired combustor in this section); and
    (3) Keeps a record on a calendar quarter basis of the weight of 
municipal solid waste combusted at the cofired combustor and the weight 
of all other fuels combusted at the cofired combustor.
    (k) Air curtain incinerators, as defined under 40 CFR 60.51b of 
subpart Eb, that meet the capacity specifications in paragraph (a) of 
this section, and that combust a fuel stream composed of 100 percent 
yard waste are exempt from all provisions of this subpart except the 
opacity standard under Sec. 62.14107, and the testing procedures and 
the reporting and recordkeeping provisions under Sec. 62.14109.
    (l) Air curtain incinerators that meet the capacity specifications 
in paragraph (a) of this section and that combust municipal solid waste 
other than yard waste are subject to all provisions of this subpart.
    (m) Pyrolysis/combustion units that are an integrated part of a 
plastics/rubber recycling unit (as defined in 40 CFR 60.51b of subpart 
Eb) are not subject to this subpart if the owner or operator of the 
plastics/rubber recycling unit keeps records of the weight of plastics, 
rubber, and/or rubber tires processed on a calendar quarter basis; the 
weight of chemical plant feedstocks and petroleum refinery feedstocks 
produced and marketed on a calendar quarter basis; and the name and 
address of the purchaser of the feedstocks. The combustion of gasoline, 
diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum 
coke, liquified petroleum gas, propane, or butane produced by chemical 
plants or petroleum refineries that use feedstocks produced by 
plastics/rubber recycling units are not subject to this subpart.
    (n) Cement kilns firing municipal solid waste are not subject to 
this subpart.


Sec. 62.14103  Emission limits for municipal waste combustor metals, 
acid gases, organics, and nitrogen oxides.

    (a) The emission limits for municipal waste combustor metals are 
specified in paragraphs (a)(1) through (a)(3) of this section.
    (1) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain: particulate matter in excess of 27 milligrams per dry 
standard cubic meter, corrected to 7 percent oxygen; and opacity in 
excess of 10 percent (6-minute average).
    (2) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain: cadmium in excess of 0.040 milligrams per dry standard 
cubic meter, corrected to 7 percent oxygen; and lead in excess of 0.44 
milligrams per dry standard cubic meter, corrected to 7 percent oxygen.
    (3) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain mercury in excess of 0.080 milligrams per dry standard 
cubic meter or 15 percent of the potential mercury emission 
concentration (85-percent reduction by weight), corrected to 7 percent 
oxygen, whichever is less stringent.
    (b) The emission limits for municipal waste combustor acid gases, 
expressed as sulfur dioxide and hydrogen chloride, are specified in 
paragraphs (b)(1) and (b)(2) of this section.
    (1) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain sulfur dioxide in excess of 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.
    (2) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain hydrogen chloride in excess of 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.
    (c) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain municipal waste combustor organics, expressed as total 
mass dioxins/furans, in excess of the emission limits specified in 
either paragraph (c)(1) or (c)(2) of this section, as applicable.
    (1) The emission limit for affected facilities that employ an 
electrostatic precipitator-based emission control system is 60 
nanograms per dry standard cubic meter (total mass), corrected to 7 
percent oxygen.

[[Page 3525]]

    (2) The emission limit for affected facilities that do not employ 
an electrostatic precipitator-based emission control system is 30 
nanograms per dry standard cubic meter (total mass), corrected to 7 
percent oxygen.
    (d) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain nitrogen oxides in excess of the emission limits listed in 
table 2 of this subpart for affected facilities. Table 2 of this 
subpart provides emission limits for the nitrogen oxides concentration 
level for each type of affected facility.


Sec. 62.14104  Requirements for municipal waste combustor operating 
practices.

    (a) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain carbon monoxide in excess of the emission limits listed in 
table 3 of this subpart. Table 3 provides emission limits for the 
carbon monoxide concentration level for each type of affected facility.
    (b) The owner or operator of an affected facility must comply with 
the municipal waste combustor operating practice requirements listed in 
40 CFR 60.53b (b) and (c).


Sec. 62.14105  Requirements for municipal waste combustor operator 
training and certification.

    The owner or operator of an affected facility must comply with the 
municipal waste combustor operator training and certification 
requirements listed in paragraphs (a) through (g) of this section. For 
affected facilities, compliance with the municipal waste combustor 
operator training and certification requirements specified under 
paragraphs (a) through (d), and (g) of this section must be no later 
than 12 months after the effective date of this subpart.
    (a) Each chief facility operator and shift supervisor must obtain 
and maintain a current provisional operator certification from either 
the American Society of Mechanical Engineers [QRO-1-1994 (incorporated 
by reference--see 40 CFR 60.17(h)(1) of subpart A)] or a State 
certification program in Connecticut and Maryland (if the affected 
facility is located in the respective State).
    (b) Each chief facility operator and shift supervisor must have 
completed full certification or must have scheduled a full 
certification exam with either the American Society of Mechanical 
Engineers [QRO-1-1994 (incorporated by reference--see 40 CFR 
60.17(h)(1) of subpart A)] or a State certification program in 
Connecticut and Maryland (if the affected facility is located in the 
respective State).
    (c) The owner or operator of an affected facility must not allow 
the facility to be operated at any time unless one of the following 
persons is on duty at the affected facility: A fully certified chief 
facility operator; a provisionally certified chief facility operator 
who is scheduled to take the full certification exam no later than 12 
months after the effective date of this subpart; a fully certified 
shift supervisor; or a provisionally certified shift supervisor who is 
scheduled to take the full certification exam no later than 12 months 
after the effective date of this subpart. If one of the persons listed 
in this paragraph must leave the affected facility during their 
operating shift, a provisionally certified control room operator who is 
onsite at the affected facility may fulfill the requirement in this 
paragraph.
    (d)(1) Each chief facility operator, shift supervisor, and control 
room operator at an affected facility must complete the EPA municipal 
waste combustor operator training course or the State municipal waste 
combustor operator training course in Connecticut (if the affected 
facility is located in Connecticut).
    (2) The requirement specified in this paragraph does not apply to 
chief facility operators, shift supervisors, and control room operators 
who have obtained full certification from the American Society of 
Mechanical Engineers on or before the effective date of this subpart. 
The owner or operator of an affected facility may request that the EPA 
Administrator waive the requirement specified in this paragraph for 
chief facility operators, shift supervisors, and control room operators 
who have obtained provisional certification from the American Society 
of Mechanical Engineers on or before the effective date of this 
subpart.
    (e) The owner or operator of an affected facility must develop and 
update on a yearly basis a site-specific operating manual that must, at 
a minimum, address the elements of municipal waste combustor unit 
operation specified in paragraphs (e)(1) through (e)(11) of this 
section.
    (1) A summary of the applicable standards under this subpart;
    (2) A description of basic combustion theory applicable to a 
municipal waste combustor unit;
    (3) Procedures for receiving, handling, and feeding municipal solid 
waste;
    (4) Procedures for municipal waste combustor unit startup, 
shutdown, and malfunction;
    (5) Procedures for maintaining proper combustion air supply levels;
    (6) Procedures for operating the municipal waste combustor unit 
within the standards established under this subpart;
    (7) Procedures for responding to periodic upset or off-
specification conditions;
    (8) Procedures for minimizing particulate matter carryover;
    (9) Procedures for handling ash;
    (10) Procedures for monitoring municipal waste combustor unit 
emissions; and
    (11) Reporting and recordkeeping procedures.
    (f) The owner or operator of an affected facility must establish a 
training program to review the operating manual according to the 
schedule specified in paragraphs (f)(1) and (f)(2) of this section with 
each person who has responsibilities affecting the operation of an 
affected facility including, but not limited to, chief facility 
operators, shift supervisors, control room operators, ash handlers, 
maintenance personnel, and crane/load handlers.
    (1) Each person specified in paragraph (f) of this section must 
undergo initial training no later than the date specified in paragraph 
(f)(1)(i) or (f)(1)(ii) of this section, whichever is later.
    (i) The date prior to the day the person assumes responsibilities 
affecting municipal waste combustor unit operation; or
    (ii) The date 12 months after the effective date of this subpart.
    (2) Annually, following the initial review required by paragraph 
(f)(1) of this section.
    (g) The operating manual required by paragraph (e) of this section 
must be kept in a readily accessible location for each person required 
to undergo training under paragraph (f) of this section. The operating 
manual and records of training must be available for inspection by the 
EPA or its delegated enforcement agency upon request.


Sec. 62.14106  Emission limits for municipal waste combustor fugitive 
ash emissions.

    (a) The owner or operator of an affected facility must not cause to 
be discharged to the atmosphere from that affected facility visible 
emissions of combustion ash from an ash conveying system (including 
conveyor transfer points) in excess of 5 percent of the observation 
period (i.e., 9 minutes per 3-hour period), as determined by EPA 
Reference Method 22 observations as specified in 40 CFR 60.58b(k) of 
subpart

[[Page 3526]]

Eb, except as provided in paragraphs (b) and (c) of this section.
    (b) The emission limit specified in paragraph (a) of this section 
does not cover visible emissions discharged inside buildings or 
enclosures of ash conveying systems; however, the emission limit 
specified in paragraph (a) of this section does cover visible emissions 
discharged to the atmosphere from buildings or enclosures of ash 
conveying systems.
    (c) The provisions specified in paragraph (a) of this section do 
not apply during maintenance and repair of ash conveying systems.


Sec. 62.14107  Emission limits for air curtain incinerators.

    The owner or operator of an air curtain incinerator with the 
capacity to combust greater than 250 tons per day of municipal solid 
waste and that combusts a fuel feed stream composed of 100 percent yard 
waste and no other municipal solid waste materials must not (at any 
time) cause to be discharged into the atmosphere from that incinerator 
any gases that exhibit greater than 10-percent opacity (6-minute 
average), except that an opacity level of up to 35 percent (6-minute 
average) is permitted during startup periods during the first 30 
minutes of operation of the unit.


Sec. 62.14108  Compliance schedules.

    (a) The owner or operator of an affected facility must achieve the 
increments of progress specified in paragraphs (a)(1) through (a)(5) to 
retrofit air pollution control devices to meet the emission limits of 
this subpart. As specified in 40 CFR part 60, subpart B, the compliance 
schedules and increments of progress apply to each owner or operator of 
an affected facility who is taking longer than 1 year after [date of 
publication of the final rule] to comply with the emission limits 
specified in this subpart.
    (1) Submit a final control plan according to the requirements of 
Sec. 62.14109(g).
    (2) Award contract(s): Award contract(s) to initiate on-site 
construction, initiate on-site installation of emission control 
equipment, or incorporate process changes. The owner or operator must 
submit a signed copy of the contract(s) awarded according to the 
requirements of Sec. 62.14109(h).
    (3) Initiate on-site construction: Initiate on-site construction, 
initiate on-site installation of emission control equipment, or 
initiate process changes needed to meet the emission limits as outlined 
in the final control plan.
    (4) Complete on-site construction: Complete on-site construction 
and installation of emission control equipment or complete process 
changes.
    (5) Achieve final compliance: Incorporate all process changes or 
complete retrofit construction as designed in the final control plan 
and connect the air pollution control equipment or process changes with 
the affected facility identified in the final control plan such that if 
the affected facility is brought on line, all necessary process changes 
or air pollution control equipment are operating fully. Within 180 days 
after the date the affected facility is required to achieve final 
compliance, the initial performance test must be conducted. On and 
after the date the initial performance test is completed or is required 
to be completed, whichever is earlier, no pollutant may be discharged 
into the atmosphere from the affected facility in excess of the 
emission limits of this subpart.
    (b) The owner or operator of an affected facility must achieve the 
increments of progress specified in paragraphs (a)(1) through (a)(5) of 
this section according to the schedule specified in paragraphs (b)(1) 
through (b)(4) of this section, except as provided in paragraphs (c), 
(d), and (e) of this section.
    (1) The owner or operator of an affected facility that commenced 
construction, modification, or reconstruction on or before June 26, 
1987 and will take longer than 1 year after [date of publication of 
final rule] (or 1 year after a revised construction permit or a revised 
operating permit is issued, if a permit modification is required) to 
comply with the emission limits of this subpart must achieve the 
increments of progress according to the schedule in table 4 of this 
subpart, except for those affected facilities specified in paragraphs 
(b)(3) and (b)(4) of this section.
    (2) The owner or operator of an affected facility that began 
construction, modification, or reconstruction after June 26, 1987 must 
achieve the increments of progress according to the schedule in table 5 
of this subpart to comply with the emission limits of this subpart, 
except for those affected facilities specified in paragraphs (b)(3) and 
(b)(4) of this section.
    (3) The owner or operator of each specified affected facility in 
table 6 of this subpart must achieve the increments of progress 
according to the schedule in table 6 of this subpart.
    (4) For affected facilities that are subject to the schedule 
requirements of paragraph (b)(1) or (b)(2) of this section, the owner 
or operator (or the State air pollution control authority) may submit 
for approval alternative dates for achieving increments 2, 3, and 4. 
The owner or operator that is submitting these alternative dates must 
meet the reporting requirements of Sec. 62.14109(l).
    (c) The owner or operator of an affected facility that has ceased 
operation but will reopen prior to the applicable final compliance date 
specified in paragraphs (b)(1) through (b)(4) of this section must meet 
the same compliance dates and increments of progress specified in 
paragraphs (b)(1) through (b)(4) of this section.
    (d) The owner or operator of an affected facility that has ceased 
or ceases operation of an affected facility and restarts the affected 
facility after the compliance dates specified in paragraphs (b)(1) 
through (b)(4) of this section must comply with the emission limits, 
requirements for combustor operating practices, and operator training 
and certification requirements of this subpart upon the date the 
affected facility restarts. The initial performance tests required by 
Sec. 62.14109(c) must be conducted within 180 days after the date the 
unit restarts.
    (e) The owner or operator of an affected facility that will be de-
rated prior to the applicable final compliance date instead of 
complying with the emission limits of this subpart must meet the same 
increments of progress and achieve the de-rating by the final 
compliance date (specified in paragraphs (b)(1) through (b)(4) of this 
section) that would be applicable to the affected facility if it did 
not de-rate. The owner or operator of an affected facility that will be 
de-rated must meet the reporting requirements of Sec. 62.14109(j). 
After de-rating is accomplished, the municipal waste combustor affected 
facility is no longer subject to this subpart.


Sec. 62.14109  Reporting and recordkeeping and compliance and 
performance testing.

    (a) The owner or operator of an affected facility must comply with 
the reporting and recordkeeping provisions listed in 40 CFR 60.59b, 
except as provided in paragraphs (a)(1) through (a)(3) of this section.
    (1) The siting requirements under 40 CFR 60.59b(a), (b)(5), and 
(d)(11) and the notification of construction requirements under 40 CFR 
60.59b (b) and (c) do not apply.
    (2) 40 CFR 60.54b and 60.56b of Subpart Eb do not apply to this 
subpart (see Secs. 62.14105 and 62.14107 of this subpart).
    (b) The owner or operator of an affected facility must comply with 
the compliance and performance testing

[[Page 3527]]

methods and procedures listed in 40 CFR 60.58b of Subpart Eb, except as 
provided in paragraphs (c) and (d) of this section.
    (c) The initial performance test must be completed within 180 days 
after the date of final compliance specified in Sec. 62.14108, rather 
than the date for the initial performance test specified in 40 CFR 
60.58b of Subpart Eb.
    (d) The owner or operator of an affected facility may follow the 
alternative performance testing schedule for dioxin/furan emissions 
specified in 40 CFR 60.58b(g)(5)(iii) if all performance tests for all 
affected facilities at the MWC plant over a 2-year period indicate that 
dioxin/furan emissions are less than or equal to 15 nanograms per dry 
standard cubic meter total mass, corrected to 7 percent oxygen (instead 
of 7 nanograms specified in Sec. 60.58b(g)(5)(iii) of Subpart Eb).
    (e) The owner or operator of an affected facility that is taking 
longer than 1 year after [date of publication of the final rule] to 
comply with the emission limits of this subpart must submit 
notification to the EPA Regional Office within 10 business days of 
completing each increment. Each notification must indicate which 
increment of progress specified in Sec. 62.14108 (a)(1) through (a)(5) 
has been achieved. The notification must be signed by the owner or 
operator of the affected facility.
    (f) The owner or operator of an affected facility that is taking 
longer than 1 year after [date of publication of the final rule] to 
comply with the emission limits of this subpart who fails to meet any 
increment of progress specified in Sec. 62.14108 (a)(1) through (a)(5) 
according to the applicable schedule in Sec. 62.14108 must submit 
notification to the EPA Regional Office within 10 business days of the 
applicable date in Sec. 62.14108 that the owner or operator failed to 
meet the increment.
    (g) The owner or operator of an affected facility that is taking 
longer than 1 year after [date of publication of the final rule] to 
comply with the emission limits of this subpart must submit a final 
control plan by the date specified in Sec. 62.14108(b) with the 
notification required by Sec. 62.14109(e). The final control plan must, 
at a minimum, include the items in paragraphs (g)(1) through (g)(4) of 
this section.
    (1) A complete analysis of the applicable regulatory requirements 
and methods of compliance and selected control technology options 
available to meet the requirements.
    (2) A description of the air pollution control devices or process 
changes that will be employed for each unit to comply with the emission 
limits and other requirements of this subpart.
    (3) Engineering specifications and drawings of the air pollution 
control equipment and/or process changes that will be employed to 
comply with the emission limits and other requirements of this subpart.
    (4) The same information that will be used to solicit bids to 
install the air pollution control devices or initiate the process 
changes.
    (h) The owner or operator of an affected facility that is taking 
longer than 1 year after [date of publication of the final rule] to 
comply with the emission limits of this subpart must submit a signed 
copy of the contract or contracts awarded according to the requirements 
of Sec. 62.14108(a)(2) with the notification required by 
Sec. 62.14109(e).
    (i) The owner or operator of an affected facility that plans to 
cease operation of an affected facility on or before December 19, 2000 
rather than comply with the emission limits of this subpart by the 
applicable compliance date specified in Sec. 62.14108 must submit a 
notification by the date specified for the final control plan according 
to the schedule specified in paragraphs Sec. 62.14108 (b)(1) through 
(b)(4), as applicable. (Affected facilities that cease operation on or 
before December 19, 2000 rather than comply with the emission limits of 
this subpart by the compliance date specified in Sec. 62.14108 are not 
required to submit a final control plan.) The notification must state 
the date by which the affected facility will cease operation. If the 
cease operation date is later than 1 year after [date of publication of 
the final rule], the owner or operator must enter into a legally 
binding closure agreement with EPA by the date the final control plan 
is due. The agreement must specify the date by which operation will 
cease.
    (j) The owner or operator of an affected facility that plans to de-
rate the affected facility on or before December 19, 2000 rather than 
comply with the emission limits of this subpart by the compliance date 
specified in Sec. 62.14108 must submit a final control plan as required 
by paragraph (g) of this section and submit notification of increments 
of progress as required by paragraphs (e) and (f) of this section and 
Sec. 62.14108(e) of this subpart.
    (1) The final control plan must contain the information in 
paragraphs (j)(1)(i) through (j)(1)(iv) of this section rather than the 
information in paragraph (g)(1) through (g)(4) of this section.
    (i) A description of the physical changes that will be made to 
accomplish the de-rating.
    (ii) Calculations of the current maximum combustion capacity and 
the planned maximum combustion capacity after the de-rating. (See the 
procedures specified in 40 CFR 60.58b(j) of Subpart Eb for calculating 
municipal waste combustor unit capacity.)
    (iii) Engineering specifications and drawings of the physical 
changes that will be made to accomplish the de-rating.
    (iv) The same information that will be used to solicit bids to 
initiate the physical changes.
    (2) The owner or operator must submit a signed copy of the contract 
or contracts awarded to initiate the de-rating with the notification 
required by paragraph (e) of this section.
    (k) The owner or operator of an affected facility that is ceasing 
operation more than 1 year following [date of publication of the final 
rule] must submit performance test results by the date 1 year after the 
[date of publication of the final rule] for dioxin/furan emissions 
conducted during or after 1990 for each affected facility. The 
performance test shall be conducted according to the procedure in 
paragraph (b) of this section.
    (l) The owner or operator (or the State air pollution control 
authority) that is submitting alternative dates for increments 2, 3, 
and 4 according to Sec. 62.14108(b)(4) must submit the alternative 
dates by the date specified for the final control plan according to the 
schedule specified in paragraphs Sec. 62.14108 (b)(1) and (b)(2), as 
applicable. The owner or operator must also submit the alternative 
dates to the State.

Tables to Subpart FFF

   Table 1 of Subpart FFF--Municipal Waste Combustor Units (MWC Units)  
                        Excluded From Subpart FFF                       
------------------------------------------------------------------------
                State                              MWC units            
------------------------------------------------------------------------
Oregon..............................  MWC units at the following MWC    
                                       sites:                           
                                        (a) Ogden Martin Systems, Marion
                                         County Oregon.                 
                                        (b) Coos County, Coos Bay,      
                                         Oregon.                        
Florida.............................  All affected facilities, as       
                                       defined in Sec.  62.14102,       
                                       located in Florida.              
------------------------------------------------------------------------


[[Page 3528]]


    Table 2 of Subpart FFF--Nitrogen Oxides Requirements for Affected   
                               Facilities                               
------------------------------------------------------------------------
                                                Nitrogen oxides emission
     Municipal waste combustor  technology      limit (parts per million
                                                      by volume) <SUP>a      
------------------------------------------------------------------------
Mass burn waterwall...........................                     205. 
Mass burn rotary waterwall....................                     250. 
Refuse-derived fuel combustor.................                     250. 
Fluidized bed combustor.......................                     180. 
Mass burn refractory combustors...............                No limit. 
------------------------------------------------------------------------
<SUP>a Corrected to 7 percent oxygen, dry basis.                             


Table 3 of Subpart FFF--Municipal Waste Combustor Operating Requirements
------------------------------------------------------------------------
                                    Carbon monoxide                     
    Municipal waste combustor       emissions level     Averaging time  
           technology             (parts per million        (hrs) <SUP>b     
                                     by volume) <SUP>a                       
------------------------------------------------------------------------
Mass burn waterwall.............                 100                   4
Mass burn refractory............                 100                   4
Mass burn rotary refractory.....                 100                  24
Mass burn rotary waterwall......                 250                  24
Modular starved air.............                  50                   4
Modular excess air..............                  50                   4
Refuse-derived fuel stoker......                 200                  24
Bubbling fluidized bed combustor                 100                   4
Circulating fluidized bed                                               
 combustor......................                 100                   4
Pulverized coal/refuse-derived                                          
 fuel mixed fuel-fired combustor                 150                   4
Spreader stoker coal/refuse-                                            
 derived fuel mixed fuel-fired                                          
 combustor......................                 200                  24
------------------------------------------------------------------------
<SUP>a Measured at the combustor outlet in conjunction with a measurement of 
  oxygen concentration, corrected to 7 percent oxygen, dry basis.       
  Calculated as an arithmetic average.                                  
<SUP>b Averaging times are 4-hour or 24-hour block averages.                 


         Table 4 of Subpart FFF--Generic Compliance Schedule and Increments of Progress (Pre-1987) <SUP>a, <SUP>b         
                                                                                                                
                                                                                   Complete on-                 
     Affected facilities         Submit final   Award contracts   Begin on-site        site            Final    
                                 control plan                      construction    construction     compliance  
                               Increment 1....  Increment 2....  Increment 3....     Increment 4     Increment 5
----------------------------------------------------------------------------------------------------------------
Affected facilities that       [Insert date     [Insert date     [Insert date           11/19/00       12/19/00 
 commenced construction,        240 days after   480 days after   660 days after                                
 modification, or               publication in   publication in   publication in                                
 reconstruction on or before    the Federal      the Federal      the Federal                                   
 June 26, 1987 (All             Register].       Register].       Register].                                    
 pollutants).                                                                                                   
----------------------------------------------------------------------------------------------------------------
<SUP>a Table 4 or 5 of this subpart applies to MWC units subject to the Federal plan except those with site-specific 
  compliance schedules shown in Table 6 of this subpart.                                                        
<SUP>b As an alternative to this schedule, the owner or operator may close the affected facility by December 19,     
  2000, complete the retrofit while the affected facility is closed, and achieve final compliance upon          
  restarting. See Secs.  62.14108(c), 62.14108(d), and 62.14109(i) of this subpart.                             


                             Table 5 of Subpart FFF--Generic Compliance Schedules and Increments of Progress (Post-1987)<SUP>a, <SUP>b                            
                                                                                                                                                        
                                      Submit final control                               Begin on-site         Complete on-site                         
        Affected facilities                   plan               Award contracts          construction           construction         Final compliance  
                                     Increment 1...........  Increment 2...........  Increment 3..........  Increment 4..........  Increment 5          
--------------------------------------------------------------------------------------------------------------------------------------------------------
Affected facilities that commenced                                                                                                                      
 construction modification, or                                                                                                                          
 reconstruction after June 26,                                                                                                                          
 1987:                                                                                                                                                  
  1. Emission limits for Hg, dioxin/ NA<SUP>c...................  NA<SUP>c...................  NA<SUP>c..................  NA<SUP>c..................  1 year after         
   furan.                                                                                                                           promulgation of this
                                                                                                                                    subpart or 1 year   
                                                                                                                                    after permit        
                                                                                                                                    issuance.<SUP>d          

[[Page 3529]]

                                                                                                                                                        
  2. Emission limits for SO<INF>2, HCl,   [Insert date 240 days   [Insert date 480 days   [Insert date 660 days  11/19/00.............  12/19/00.            
   PM, Pb, Cd, opacity CO, NO<INF>X.       after publication in    after publication in    after publication in                                              
                                      the Federal Register].  the Federal Register].  the Federal                                                       
                                                                                      Register].                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
<SUP>a Table 4 or 5 of this subpart applies to MWC units subject to the Federal plan except those with site-specific compliance schedules shown in Table 6 of
  this subpart.                                                                                                                                         
<SUP>b As an alternative to this schedule, the unit may close by December 19, 2000, complete retrofit while closed, and achieve final compliance upon        
  restarting. See Secs.  62.14108(c), 62.14108(d), and 62.14109(i) of this subpart.                                                                     
<SUP>c Because final compliance is achieved in 1 year, no increments of progress are required.                                                               
<SUP>d Permit issuance is issuance of a revised construction permit or revised operating permit, if a permit modification is required to retrofit controls.  


                                  Table 6 of Subpart FFF--Site-Specific Compliance Schedules and Increments of Progress                                 
                                                                                                                                                        
   Affected facilities at the                            Submit final                                              Complete on-site                     
       following MWC sites            City, State        control plan       Award contracts   Begin construction      compliance       Final compliance 
                                    ................  Increment 1.......  Increment 2.......  Increment 3.......  Increment 4.......  Increment 5       
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Group A                                                                                                                                    
Savannah Energy Systems Co......  Savannah, Georgia.  NA................  NA................  NA................  12/31/97..........  02/28/98.         
Nashville Thermal Transfer Corp.  Nashville,          NA................  NA................  NA................  05/01/99..........  07/01/99.         
                                   Tennessee.                                                                                                           
            Group B <SUP>a                                                                                                                                   
All large MWC units.............  Maine.............  10/01/98..........  01/01/99..........  07/01/99..........  09/01/00..........  12/19/00.         
Baltimore Resco.................  Baltimore,          NA................  NA................  04/01/98..........  09/01/00..........  12/19/00.         
                                   Maryland.                                                                                                            
Hennepin Energy Resource Corp...  Minneapolis,        NA................  NA................  NA................  NA................  04/30/98.         
                                   Minnesota.                                                                                                           
United Power Association........  Elk River,          NA................  NA................  12/30/99..........  06/30/99..........  12/19/00.         
                                   Minnesota.                                                                                                           
Northern States Power--Wilmarth.  Mankato, Minnesota  10/30/98..........  03/01/99..........  09/01/99..........  11/19/00..........  12/19/00.         
Northern States Power--Red Wing.  Red Wing,           01/30/99..........  07/30/99..........  04/30/00..........  11/19/00..........  12/19/00.         
                                   Minnesota.                                                                                                           
All large MWC units.............  Michigan..........  03/01/99..........  09/01/99..........  12/01/99..........  11/19/00..........  12/19/00 <SUP>b.       
Any facility complying by use of  New Jersey........  12/15/99..........  01/15/00..........  03/15/00..........  07/15/00..........  12/19/00.         
 NO<INF>X trading <SUP>c.                                                                                                                                         
Westchester RESCO...............  Westchester         NA................  NA................  01/01/98..........  12/19/00..........  12/19/00.         
                                   County, New York.                                                                                                    
Adirondack Resource Recovery      Hudson Falls, New   10/16/98..........  01/15/00..........  04/08/00..........  11/14/00..........  12/19/00.         
 Facility.                         York.                                                                                                                
Onandaga County Resource          Onandaga County,    No date required <SUP>d  No date required <SUP>d  No date required <SUP>d  No date required <SUP>d  Within 1 year     
 Recovery Facility.                New York.                                                                                           after State plan 
                                                                                                                                       approval [or     
                                                                                                                                       Federal plan     
                                                                                                                                       promulgation].   
Niagra Resource Recovery          Niagra Falls, New   No date required <SUP>d  No date required <SUP>d  No date required <SUP>d  No date required <SUP>d  Within 1 year     
 Facility.                         York.                                                                                               after State plan 
                                                                                                                                       approval [or     
                                                                                                                                       Federal plan     
                                                                                                                                       promulgation].   
Huntington Resource Recovery      East Northport,     10/01/99..........  10/15/99..........  03/15/00..........  07/15/00..........  08/01/00.         
 Facility.                         New York.                                                                                                            
Babylon Resource Recovery         West Babylon, New   09/15/99..........  10/15/99..........  2/15/00...........  07/01/00..........  07/19/00.         
 Facility.                         York.                                                                                                                

[[Page 3530]]

                                                                                                                                                        
Hempstead Resource Recovery       Westbury, New York  05/09/98..........  TBD <SUP>e.............  TBD <SUP>e.............  TBD <SUP>e.............  12/19/00.         
 Facility.                                                                                                                                              
Whellabrator Falls; Harrisburg    Pennsylvania......  3 months after      3 months after      18 months after     30 months after     12/19/00.<SUP>g        
 Authority; American Ref-Fuel;                         issuance of FESOP   issuance of FESOP   issuance of FESOP   issuance of FESOP                    
 Lancaster Resource Energy;                            <SUP>f [or Federal       <SUP>f [or Federal       <SUP>f [or Federal       <SUP>f [or Federal                        
 Monteney Energy Resource of                           plan                plan                plan                plan                                 
 Montgomery County; York County                        promulgation].      promulgation].      promulgation].      promulgation].                       
 Solid Waste and Refuse                                                                                                                                 
 Authority.                                                                                                                                             
I-95 Energy/Resource Recovery     Lorton, Virginia..  06/01/98..........  08/01/98..........  12/01/98..........  10/01/99..........  11/01/99.         
 Facility.                                                                                                                                              
Alexandria/ Arlington Resource    Alexandria,         06/01/98..........  08/01/98..........  12/01/98..........  10/01/99..........  11/01/99.         
 Recovery Facility.                Virginia.                                                                                                            
--------------------------------------------------------------------------------------------------------------------------------------------------------
NA=not applicable; increment already met.                                                                                                               
TBD=to be determined.                                                                                                                                   
                                                                                                                                                        
<SUP>a The schedules from Group B have not been reviewed by EPA due to their recent arrival. They will be examined for acceptability at the same time as     
  those received during the comment period of this proposal. All schedules contained in the final Federal plan will be reviewed and approved by EPA.    
<SUP>b For mercury and dioxins, combustors that commenced construction after June 26, 1987, must comply by 09/01/99 or within 12 months of issuance of permit
  to install, whichever is later.                                                                                                                       
  [Note: 09/01/99 date may be modified to 1 year after Federal plan promulgation].                                                                      
<SUP>c Applies only to NO<INF>X emission limits. Other pollutants would follow Federal plan generic schedule.                                                     
<SUP>d Because final compliance is achieved in 1 year, no increments of progress are required.                                                               
<SUP>e The facility will propose these increments in the control plan to be submitted on 05/09/98.                                                           
<SUP>f Pennsylvania is implementing their State plan through Federally Enforceable State Operating Permits (FESOP).                                          
<SUP>g Pennsylvania proposes 08/26/02 final compliance date for supplemental emission limits in 40 CFR 60, subpart Cb promulgated August 25, 1997. For       
  mercury and dioxins, 1 year after State plan approval [or Federal plan promulgation] or 1 year after issuance of a revised permit if a permit         
  modification is required.                                                                                                                             

[FR Doc. 98-1521 Filed 1-22-98; 8:45 am]
BILLING CODE 6560-50-P


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