Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Rules and Regulations 28061

40 CFR Part 60

[AD–FRL–5211–4]

RIN 2060–AF92

Standards of Performance for New

Stationary Sources: IndustrialCommercial-Institutional Steam

Generating Units; Kentucky

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final revision of rule.

SUMMARY: New source performance

standards (NSPS) limiting emissions of

nitrogen oxides (NOX) from industrialcommercial-institutional steam

generating units capable of combusting

more than 100 million Btu per hour

were proposed on June 19, 1984 and

were promulgated on November 25,

1986. These standards limit NOX

emissions from the combustion of fossil

fuels, as well as the combustion of fossil

fuels with other fuels or wastes. The

standards include provisions for

facility-specific NOX standards for

steam generating units which

simultaneously combust fossil fuel and

chemical by-product waste(s) under

certain conditions. This document

promulgates a facility-specific NOX

standard for a steam generating unit

which simultaneously combusts fossil

fuel and chemical by-product waste at

the Rohm & Haas Kentucky Plant

located in Louisville, Kentucky.

EFFECTIVE DATE: May 30, 1995.

ADDRESSES: Docket. Docket Number A–

94–49, containing supporting

information used in developing the

proposed revision, is available for

public inspection and copying between

the hours of 8 a.m. and 5:30 p.m.,

Monday through Friday (except for

government holidays), at The Air and

Radiation Docket and Information

Center, 401 M Street, SW., Washington,

DC 20460. A reasonable fee may be

charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr.

George Smith at (919) 541–1549,

Combustion Group, Emission Standards

Division (MD–13), U.S. Environmental

Protection Agency, Research Triangle

Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION:

I. Background

The objective of the NSPS,

promulgated on November 25, 1986, is

to limit NOX emissions from the

combustion of fossil fuel. For steam

generating units combusting by-product

waste, the requirements of the NSPS

vary depending on the operation of the

steam generating units.

During periods when only fossil fuel

is combusted, the steam generating unit

must comply with the NOX emission

limits in the NSPS for fossil fuel. During

periods when only by-product waste is

combusted, the steam generating unit

may be subject to other requirements or

regulations which limit NOX emissions,

but it is not subject to NOX emission

limits under the NSPS. In addition, if

the steam generating unit is subject to

Federally enforceable permit conditions

limiting the amount of fossil fuel

combusted in the steam generating unit

to an annual capacity factor of 10

percent or less, the steam generating

unit is not subject to NOX emission

limits under the NSPS when it

simultaneously combusts fossil fuel and

by-product waste.

With the exception noted above,

during periods when fossil fuel and byproduct waste are simultaneously

combusted in a steam generating unit,

the unit must generally comply with

NOX emission limits under § 60.44b(e)

of the NSPS. Under § 60.44b(e) the

applicable NOX emission limit depends

on the nature of the by-product waste

combusted. In some situations,

however, ‘‘facility-specific’’ NOX

emission limits developed under

§ 60.44b(f) may apply. The order for

determining which NOX emission limit

applies is as follows.

A steam generating unit

simultaneously combusting fossil fuel

and by-product waste is expected to

comply with the NOX emission limit

under § 60.44b(e); only in a few

situations may NOX emission limits

developed under § 60.44b(f) apply.

Section 60.44b(e) includes an equation

to determine the NOX emission limit

applicable to a steam generating unit

when it simultaneously combusts fossil

fuel and by-product waste.

Only where a steam generating unit

which simultaneously combusts fossil

fuel and by-product waste is unable to

comply with the NOX emission limit

determined under § 60.44b(e), might a

facility-specific NOX emission limit

under § 60.44b(f) apply. This section

permits a steam generating unit to

petition the Administrator for a facilityspecific NOX emission limit. A facilityspecific NOX emission limit will be

proposed and promulgated by the

Administrator for the steam generating

unit, however, only where the petition

is judged to be complete.

To be considered complete, a petition

for a facility-specific NOX standard

under § 60.44b(f) consists of three

components. The first component is a

demonstration that the steam generating

unit is able to comply with the NOX

emission limit for fossil fuel when

combusting fossil fuel alone. The

purposes of this provision are to ensure

that the steam generating unit has

installed best demonstrated NOX control

technology, to identify the NOX control

technology installed, and to identify the

manner in which this technology is

operated to achieve compliance with the

NOX emission limit for fossil fuel.

The second component of a complete

petition is a demonstration that this

NOX control technology does not enable

compliance with the NOX emission

limit for fossil fuel when the steam

generating unit simultaneously

combusts fossil fuel with chemical byproduct waste under the same

conditions used to demonstrate

compliance on fossil fuel alone. In

addition, this component of the petition

must identify what unique and specific

properties of the chemical by-product

waste(s) are responsible for preventing

the steam generating unit from

complying with the NOX emission limit

for fossil fuel.

The third component of a complete

petition consists of data and/or analysis

to support a facility-specific NOX

standard for the steam generating unit

when it simultaneously combusts fossil

fuel and chemical by-product waste and

operates the NOX control technology in

the same manner in which it would be

operated to demonstrate and maintain

compliance with the NOX emission

limit for fossil fuel, if only fossil fuel

were combusted. This component of the

petition must identify the NOX emission

limit(s) and/or operating parameter

limits, and appropriate testing,

monitoring, reporting and

recordkeeping requirements which will

ensure operation of the NOX control

technology and minimize NOX

emissions at all times.

Upon receipt of a complete petition,

the Administrator will propose a

facility-specific NOX standard for the

steam generating unit when it

simultaneously combusts chemical byproduct waste with fossil fuel. The NOX

standard will include the NOX emission

limit(s) and/or operating parameter

limit(s) to ensure operation of the NOX

control technology at all times, as well

as appropriate testing, monitoring,

reporting and recordkeeping

requirements.

II. Comments on the Proposed

Standards

Two comment letters were received

on the proposed standards. In general,

most of the comments in these letters

were not within the scope of this

rulemaking. Today’s action in the

Federal Register, as was pointed out in

the proposal that preceded it (59 FR
28062 Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Rules and Regulations

66852, [December 28, 1994]), is simply

implementing provisions in the 1984

NSPS. The 1984 NSPS contains

provisions for approval of facilityspecific NOX standards. The proposal

preceding today’s action was not

intended to reconsider the 1984 NSPS;

it was only intended to implement the

provisions in the NSPS that allows for

facility-specific NOX standards.

Comments were received on

employing the best NOX control, the

effects these NOX levels would have on

local ozone attainment, evaluation of

dioxin formation as a result of the

allowed NOX levels, what level of NOX

under what conditions would be

appropriate, and revisions to other parts

of the 1984 NSPS. It appears the

commenters misunderstood the narrow

focus of this rulemaking.

The focus of this rulemaking is to

adopt a facility-specific NOX standard

for the steam generating unit when it

simultaneously combusts fossil fuel and

chemical by-product waste which

effectively requires that the NOX control

technology be operated in the same

manner in which it would be operated

to demonstrate and maintain

compliance with the NOX emission

limit for fossil fuel, if only fossil fuel

were combusted.

One commenter expressed concern

that the facility-specific standard be

strictly limited to those instances in

which the high nitrogen waste is being

combusted. The standard does this.

Section 60.49b(t)(2)(i) states that when

fossil fuel alone is combusted, the lower

NOX emission limit of 0.2 pounds per

million Btu for fossil fuel in section

60.44b(a) applies. Only, when the high

nitrogen waste is being combusted with

the fossil fuel does the facility-specific

standard apply.

Another commenter believed that a

measurement of the position of the air

ratio control damper would be more

appropriate inside the boiler, rather

than outside of the boiler by the

position of the tee handle. While the

Administrator would agree with the

commenter that a measurement inside

the boiler, rather than outside, would

provide a more direct indication of

compliance with the intent of the

standard, it would be much more

burdensome to check, particularly given

the requirement to check this parameter

during each 8-hour operating shift. If a

change is made to the boiler tee handle,

the change must be reported to the EPA

or the delegated local agency, and an

appropriate alternative compliance

method will need to be determined.

Consequently, this aspect of the

proposed standard has not been revised.

III. Administrative Requirements

A. Executive Order 12866

Under Executive Order 12866 (58 FR

51735, [October 4, 1993]), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to OMB review and the

requirements of the Executive Order.

The Order defines a ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

1. Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

2. Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

3. Materially alter the budgetary

impact of entitlements, grants, user fees,

or land programs, or the rights and

obligations of recipients thereof; or

4. Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

This rule was classified ‘‘nonsignificant’’ under Executive Order

12866 and therefore was not reviewed

by the Office of Management and

Budget.

B. Paperwork Reduction Act

The information collection

requirements of the previously

promulgated NSPS under 40 CFR Part

60, Subpart Db were submitted to and

approved by the Office of Management

and Budget. A copy of this Information

Collection Request (ICR) document

(OMB control number 2060–0135) may

be obtained from Sandy Farmer,

Information Policy Branch (PM–223Y);

U.S. Environmental Protection Agency;

401 M Street, SW; Washington, DC

20460 or by calling (202) 260–2740.

Today’s changes to the NSPS do not

affect the information collection burden

estimates made previously. The

information that is required to be

collected for this facility-specific NOX

standard is the same as for all other

affected facilities subject to these NSPS.

Therefore, the ICR has not been revised.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

of 1980 requires the identification of

potentially adverse impacts of federal

regulations upon small business

entities. The RFA specifically requires

the completion of a Regulatory

Flexibility Analysis in those instances

where small business impacts are

possible. Because this rulemaking

imposes no adverse economic impacts,

a Regulatory Flexibility Analysis has not

been prepared.

D. Judicial Review

Under section 307(b)(1) of the Act,

judicial review of the actions taken by

this final rule is available only by the

filing of a petition for review in the U.

S. Court of Appeals for the District of

Columbia Circuit within 60 days of

publication of this action. Under section

307(b)(2) of the Act, the requirements

that are the subject of this final rule may

not be challenged later in civil or

criminal proceedings brought by EPA to

enforce these requirements.

Pursuant to the provisions of 5 U.S.C.

605(b), I hereby certify that this rule will

not have a significant economic impact

on a substantial number of small

business entities.Q

Dated: May 22, 1995.

Craol M. Browner,

Administrator.

List of Subjects in 40 CFR 60

Environmental protection,

Administrative practice and procedure,

Air pollution control, Electric power

plants, Gasoline, Heaters,

Intergovernmental relations, Nitrogen

dioxide, Petroleum, Reporting and

recordkeeping requirements.

Title 40, chapter I, part 60, of the

Code of Federal Regulations is amended

to read as follows:

PART 60—STANDARDS OF

PERFORMANCE FOR NEW

STATIONARY SOURCES

1. The authority citation for part 60

continues to read as follows:

Authority: 42 U.S.C. 7411, 7414, and

7601(a).

Subpart Db—Standards of

Performance for IndustrialCommercial-Institutional Steam

Generating Units

2. Section 60.49b is amended by

reserving paragraph (s) and adding

paragraph (t) as follows:

§ 60.49b Reporting and recordkeeping

requirements.

* * * * *

(s) [Reserved]

(t) Facility-specific nitrogen oxides

standard for Rohm and Haas Kentucky

Incorporated’s Boiler No. 100 located in

Louisville, Kentucky:

(1) Definitions.

Air ratio control damper is defined as

the part of the low nitrogen oxides

burner that is adjusted to control the

split of total combustion air delivered to
Federal Register / Vol. 60, No. 103 / Tuesday, May 30, 1995 / Rules and Regulations 28063

the reducing and oxidation portions of

the combustion flame.

Flue gas recirculation line is defined

as the part of Boiler No. 100 that

recirculates a portion of the boiler flue

gas back into the combustion air.

(2) Standard for nitrogen oxides. (i)

When fossil fuel alone is combusted, the

nitrogen oxides emission limit for fossil

fuel in § 60.44b(a) applies.

(ii) When fossil fuel and chemical byproduct waste are simultaneously

combusted, the nitrogen oxides

emission limit is 473 ng/J (1.1 lb/million

Btu), and the air ratio control damper

tee handle shall be at a minimum of 5

inches (12.7 centimeters) out of the

boiler, and the flue gas recirculation line

shall be operated at a minimum of 10

percent open as indicated by its valve

opening position indicator.

(3) Emission monitoring for nitrogen

oxides. (i) The air ratio control damper

tee handle setting and the flue gas

recirculation line valve opening

position indicator setting shall be

recorded during each 8-hour operating

shift.

(ii) The nitrogen oxides emission limit

shall be determined by the compliance

and performance test methods and

procedures for nitrogen oxides in

§ 60.46b.

(iii) The monitoring of the nitrogen

oxides emission limit shall be

performed in accordance with § 60.48b.

(4) Reporting and recordkeeping

requirements. (i) The owner or operator

of Boiler No. 100 shall submit a report

on any excursions from the limits

required by paragraph (b)(2) of this

section to the Administrator with the

quarterly report required by § 60.49b(i).

(ii) The owner or operator of Boiler

No. 100 shall keep records of the

monitoring required by paragraph (b)(3)

of this section for a period of 2 years

following the date of such record.

(iii) The owner of operator of Boiler

No. 100 shall perform all the applicable

reporting and recordkeeping

requirements of § 60.49b.

[FR Doc. 95–13154 Filed 5–26–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 721

[OPPTS–50601E; FRL–4919–7]

Pentaerythritol, Mixed Esters With

Carboxylic Acids; Revocation of a

Significant New Use Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is revoking the

significant new use rule (SNUR)

promulgated under section 5(a)(2) of the

Toxic Substances Control Act (TSCA)

for pentaerythritol, mixed esters with

carboxylic acids, based on receipt of

toxicity data. The data indicate that, for

purposes of TSCA section 5, the

substance will not present an

unreasonable risk to health.

EFFECTIVE DATE: The effective date of

this rule is June 29, 1995.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Environmental Protection

Agency, Rm. E–543A, 401 M St., SW.,

Washington, DC 20460, Telephone:

(202) 554–1404, TDD: (202) 554–0551.

SUPPLEMENTARY INFORMATION: In the

Federal Register of September 23, 1992

(57 FR 44050), EPA issued a SNUR

establishing significant new uses for

pentaerythritol, mixed esters with

carboxylic acids (P–91–1250). Because

of additional data EPA has received for

this substance, EPA is revoking this

SNUR.

I. Background

The Agency proposed the revocation

of the SNUR for this substance in the

Federal Register of August 2, 1994 (59

FR 40001). The background and reasons

for the revocation of the SNUR are set

forth in the preamble to the proposed

revocation. The Agency received no

public comments concerning the

proposed revocation. As a result, EPA is

revoking the SNUR.

II. Rationale for Revocation of the Rule

During review of the PMN submitted

for the chemical substance that is the

subject of this revocation, EPA

concluded that regulation was

warranted under section 5(e) of TSCA

pending the development of information

sufficient to make a reasoned evaluation

of the health effects of the substance,

and that the substance is expected to be

produced in substantial quantities and

there may be significant or substantial

environmental exposure. EPA identified

the tests necessary to make a reasoned

evaluation of the risks posed by the

substance to human health. Based on

these findings, a section 5(e) consent

order was negotiated with the PMN

submitter and a SNUR was

promulgated.

EPA reviewed testing conducted by

the PMN submitter pursuant to the

section 5(e) consent order for the

substance and determined that the

information available was sufficient to

make a reasoned evaluation of the

health effects of the substance. EPA

concluded that, for the purposes of

TSCA section 5, the substance will not

present an unreasonable risk and

consequently revoked the section 5(e)

consent order. The revocation of SNUR

provisions for the substance designated

herein is consistent with the revocation

of the section 5(e) order.

In light of the above, EPA is revoking

the SNUR provisions for this chemical

substance. EPA will no longer require

notice of any company’s intent to

manufacture, import, or process this

substance. In addition, export

notification under section 12(b) of TSCA

will no longer be required.

III. Rulemaking Record

The record for the rule which EPA is

revoking was established at OPPTS–

50601 (P–91–1250). This record

includes information considered by the

Agency in developing this rule and

includes the test data that formed the

basis for this revocation.

IV. Regulatory Assessment

Requirements

EPA is revoking the requirements of

this rule. Any costs or burdens

associated with this rule will also be

eliminated when the rule is revoked.

Therefore, EPA finds that no costs or

burdens must be assessed under

Executive Order 12866, the Regulatory

Flexibility Act (5 U.S.C. 605(b)), or the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

List of Subjects in 40 CFR Part 721

Environmental protection, Chemicals,

Hazardous materials, Reporting and

recordkeeping requirements, Significant

new uses.

Dated: May 16, 1995.

Charles M. Auer,

Director, Chemical Control Division, Office

of Pollution Prevention and Toxics.

Therefore, 40 CFR part 721 is

amended as follows:

PART 721—[AMENDED]

1. The authority citation for part 721

continues to read as follows:

Authority: 15 U.S.C. 2604, 2607, and

2625(c).

§ 721.5660 [Removed]

2. By removing § 721.5660.

[FR Doc. 95–13134 Filed 5–26–95; 8:45 am]

BILLING CODE 6560–50–F