65382 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[AD–FRL–5327–3]

Standards of Performance for

Municipal Waste Combustors

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action amends the

‘‘Standards of Performance for

Municipal Waste Combustors’’ (subpart

Ea). These amendments are being made

to improve the clarity of subpart Ea and

to make subpart Ea consistent with

subparts Eb and Cb.

DATES: The direct final rule §§ 60.17,

60.50a, 60.51a, 60.56a, 60.58a, and

60.59a will be effective January 29, 1996

unless significant adverse comments are

received by January 18, 1996. If

significant adverse comments are

received on any amendment in this rule,

that amendment will be withdrawn by

timely publication in the Federal

Register. The incorporation by reference

of certain publications listed in this

regulation is approved by the Director of

the Federal Register as of January 29,

1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Walter Stevenson at (919) 541–5264 or

Mr. Fred Porter at (919) 541–5251,

Combustion Group, Emission Standards

Division (MD–13), U.S. Environmental

Protection Agency, Research Triangle

Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: If

significant adverse comments are

received on any amendment of this

direct final rule, the comments will be

addressed in a subsequent rulemaking

in the Federal Register based on those

provisions of the proposed rule

contained in the Proposed Rules Section

of this Federal Register that is identical

to this direct final rule. The

amendments in question will be

withdrawn from this direct final rule.

Amendments of the direct final rule that

do not receive any significant adverse

comments will become final 40 days

from today’s Federal Register notice. If

no significant adverse comments are

filed on any provision of this direct final

rule, then the entire direct final rule will

become effective 40 days from today’s

Federal Register notice and no further

action is contemplated on the parallel

proposal published today.

On February 11, 1991 (56 FR 5488),

the EPA promulgated in the Federal

Register new source performance

standards (NSPS) for municipal waste

combustors (MWC’s) for which

construction, modification, or

reconstruction is commenced after

December 20, 1989. The regulations

were promulgated as subpart Ea in 40

CFR part 60.

Today’s action modifies the

applicability and definitions sections of

the final regulation to improve clarity

and make them consistent with those of

subparts Eb (standards of performance

for new MWC’s for which construction

commenced after September 20, 1994 or

modification or reconstruction

commenced after June 19, 1996, and Cb

(emission guidelines for existing MWC’s

for which construction commenced on

or before September 20, 1994) that are

being promulgated in a separate section

of today’s Federal Register. Today’s

changes do not significantly modify the

requirements of the regulation. The

revisions are discussed in the order in

which they appear in the subpart Ea

regulation.

Preamble Outline: The following

outline is provided to aid in locating

information in this preamble.

I. Description of Changes

A. Dates of Applicability

B. Applicability of Cofired Combustors and

Tire-Burning Facilities

C. Applicability of Subpart Ea to Certain

Other Facilities

D. Definitions

1. Definitions of Modification and

Reconstruction

2. Definition of MSW and Calculation of

MWC Unit Capacity

3. Definition of an MWC

E. Clarification of the Carbon Monoxide

Standard

F. Update of Operator Training

Specifications

G. Clarification of MWC Unit Load

Measurement

II. Judicial Review

III. Administrative

A. Paperwork Reduction Act

B. Executive Order 12291 Review

C. Regulatory Flexibility Act

I. Description of Changes

A. Dates of Applicability

Subpart Ea is applicable to MWC

units with capacities greater than 225

megagrams per day (Mg/day) of

municipal solid waste (MSW) for which

construction, modification, or

reconstruction was commenced after

December 20, 1989. To avoid overlap

with the subpart Eb NSPS, the dates for

applicability for subpart Ea specified in

§ 60.50a(a) are being changed to apply to

MWC’s (1) commencing construction

after December 20, 1989 and on or

before September 20, 1994 or (2)

commencing modification or

reconstruction after December 20, 1989

and on or before June 19, 1996. The

MWC plants that commence

construction after September 20, 1994 or

that commence modification or

reconstruction after June 19, 1996 are

subject to subpart Eb, which is more

stringent than subpart Ea. The change is

also being made to subpart Ea to avoid

the same MWC plant being subject to

duplicative requirements under two

NSPS (subparts Ea and Eb). This change

is reflected in the definitions for ‘‘MWC

plant’’ and ‘‘MWC plant capacity’’ in

§ 60.51a. It should be noted that plants

that are subject to subpart Ea will also

be subject to the emission guidelines

contained in subpart Cb, which apply to

plants constructed on or before

September 20, 1994.

B. Applicability to Cofired Combustors

and Tire-Burning Facilities

The wording in § 60.50a (c), (d), and

(e) is being changed so that cofired

facilities and facilities that only burn

tires are clearly defined as not being

subject to any sections of subpart Ea.

Currently, they are exempt from all

requirements of subpart Ea except

recordkeeping requirements. This

change will make subpart Ea consistent

with subparts Eb and Cb. It will also

clarify that, for purposes of the title V

operating permits program, such

facilities are not considered subject to

subpart Ea. In addition, because the

applicability to cofired combustors has

been clarified, the definition of ‘‘cofired

combustor’’ has been revised in

§ 60.51a. Relative to these changes,

§ 60.58(j)(3) is being removed and items

in § 60.59a (a)(1), (b)(14), and (m) are

being moved to § 60.50a(d).

C. Applicability of Subpart Ea to Certain

Other Facilities

Section 129 of the Clean Air Act (Act)

specifies that qualifying cogeneration

facilities, qualifying small independent

power producers, Solid Waste Disposal

Act section 3005 permitted facilities,

and materials recovery facilities

recovering metals are not MWC’s and

are not regulated under section 129.

Subparts Eb and Cb specify that these

units are not subject to subparts Eb and

Cb. Additionally, subparts Eb and Cb

specify that pyrolysis/combustion units

that are an integrated part of a plastics/

rubber processing unit are not subject to

the MWC regulations. These exemptions

are being incorporated into subpart Ea

(§ 60.50a (g), (h), (i), (j), and (k)) to be

consistent with subparts Eb and Cb.

D. Definitions

Revisions are being made to 13

definitions, 13 new definitions are being

added, and 2 are being deleted to clarify

subpart Ea and make it consistent with
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Rules and Regulations 65383

the terms defined in subpart Eb. Several

of these definitions are discussed below.

1. Definitions of Modification and

Reconstruction

Two new terms, ‘‘modification’’ (or

‘‘modified municipal waste combustor’’)

and ‘‘reconstruction’’, are being added

to § 60.51a to incorporate the section

129 definition of ‘‘modified solid waste

incineration unit.’’ These definitions are

very similar to the definitions of these

two terms in §§ 60.14 and 60.15 of 40

CFR 60 subpart A (the NSPS general

provisions). The addition of these

definitions will clarify subpart Ea and

make the terms used in subparts Ea, Eb,

Cb, and section 129 relating to

modification and reconstruction

consistent with each other.

2. Definition of MSW and Calculation of

MWC Unit Capacity

To avoid confusion and possible

conflict with the pending medical waste

incinerator (MWI) regulations which

were proposed in February 1995 and are

scheduled to be promulgated in the near

future, the definition of MSW in

§ 60.51a of subpart Ea is being revised

to be consistent with subparts Eb and

Cb. Additionally, the determination of

‘‘MWC unit capacity’’ in § 60.58a(j)(4)

and its definition in § 60.51a are being

revised so that only a single heat input

value is used for MSW. This change is

being made so that subpart Ea will be

consistent with subparts Eb and Cb.

Section 60.59a(b)(15) is also being

deleted.

In addition to the clarification

concerning medical waste, the

definition of MSW in § 60.51a is being

revised to specify that ‘‘clean wood’’ is

excluded, while refuse-derived fuel

(RDF) and yard waste are included. To

ensure clarity, definitions for ‘‘clean

wood’’, ‘‘untreated lumber’’, and ‘‘yard

waste’’ are being added to § 60.51a.

Because the definition of MSW is being

revised to clarify that RDF is a type of

preprocessed MSW and not a different

type of waste, the phrase ‘‘MSW or

RDF’’ in several paragraphs is being

replaced with ‘‘MSW’’ to avoid

redundancy. These clarifications are

consistent with the intent of subpart Ea,

and will make the definition of MSW

consistent with subparts Eb and Cb.

3. Definition of an MWC

The definition of an MWC in § 60.51a

is being revised to be consistent with

that in subpart Eb. The most significant

difference is the addition of a

description of the physical boundaries

of an MWC. The clarification of the

boundaries of the affected facility will

assist in considering cost for making

reconstruction determinations.

E. Clarification of the Carbon Monoxide

Standard

The specifications for the carbon

monoxide (CO) standards in §§ 60.56a(a)

and 60.58(a) (h)(1) and (h)(2) are being

revised to clarify the EPA’s intent as to

which standard applies to which

combustor type. It was intended that the

mass burn refractory unit CO standard

apply to both mass burn refractory units

and rotary mass burn refractory units.

This was not clear in the promulgated

regulation because the definition in

§ 60.51a of mass burn refractory units

excluded rotary mass burn refractory

units. In order to clarify this, the

definition of mass burn refractory unit

is being clarified to include rotary mass

burn rotary refractory units.

It was also intended that the CO

standard for coal/RDF mixed fuel-fired

units be applicable to pulverized coaltype units, as opposed to spreader

stoker-type units that would fall under

the RDF stoker standard. Accordingly,

the coal/RDF mixed fuel-fired

combustor CO standard is being

renamed the pulverized coal/RDF mixed

fuel-fired combustor CO standard, and a

CO standard for spreader stoker coal/

RDF mixed fuel-fired combustors

equivalent to the RDF stoker standard is

being listed separately. Corresponding

definitions are being added and revised

in § 60.51a.

F. Update of Operator Training

Specifications

The operator training requirements in

§ 60.56a(d) specify that provisional or

operator certification shall be obtained

in accordance with the American

Society of Mechanical Engineers

(ASME) QRO–1–1989 requirements or

an equivalent State-approved

certification program. The ASME

standard was updated in 1994 and so,

to be consistent with subparts Eb and

Cb, the reference is being updated to

QRO–1–1994.

G. Clarification of MWC Unit Load

Measurement

The MWC unit load measurement

specified in § 60.58a(h)(6) is being

modified to include feedwater flow

monitoring as an alternative to steam

flow measurement. The wording of this

section is being revised to match the

wording in subparts Eb and Cb and a

definition of ‘‘MWC unit load’’ is being

added to § 60.51a.

II. Judicial Review

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

judicial review of the actions taken by

this final rule is available only on the

filing of a petition for review in the U.S.

Court of Appeals for the District of

Columbia Circuit within 60 days of

today’s publication of this action. Under

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

requirements that are subject to today’s

rule may not be challenged later in civil

or criminal proceedings brought by the

EPA to enforce these requirements.

III. Administrative

A. Paperwork Reduction Act

The information collection

requirements of the previously

promulgated NSPS were submitted to

and approved by the Office of

Management and Budget (OMB). A copy

of this Information Collection Request

(ICR) document (the ICR number is

1506.4, with an OMB approval number

2060–0210) may be obtained from

Sandy Farmer, Regulatory Information

Division (Code 2136), U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460 or

by calling (202) 260–2740.

Today’s changes to the NSPS will

have no significant impact on the

information collection burden estimates

made previously. The burden will be

reduced slightly. Consequently, the ICR

has not been revised.

B. Executive Order 12291 Review

The MWC NSPS promulgated on

February 11, 1991 was considered a

‘‘major rule’’ under Executive Order

12291 and a regulatory impact analysis

(RIA) was prepared. The amendments

issued today clarify the rule and do not

add any additional control

requirements. The EPA concludes these

amendments would have a negligible

impact on the results of the RIA and the

change is considered to be within the

flexibility of the analysis.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980

requires the identification of potentially

adverse impacts of Federal regulations

upon small business entities. The Act

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.

List of Subjects in 40 CFR Part 60

Environmental protection, Air

pollution control, Incorporation by

reference, Reporting and recordkeeping

requirements.
65384 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Rules and Regulations

Dated: October 31, 1995.

Carol M. Browner,

Administrator.

For reasons set out in the preamble,

title 40, chapter I, part 60, subpart Ea of

the Code of Federal Regulations is

corrected as follows:

PART 60—[AMENDED]

1. The authority citation for part 60 is

revised to read as follows:

Authority: 42 U.S.C. 7401, 7411, 7414,

7416, 7429, and 7601.

Subpart Ea Heading—[Revised]

2. The heading for subpart Ea is

revised to read as follows:

Subpart Ea—Standards of

Performance for Municipal Waste

Combustors for which Construction is

Commenced after December 20, 1989

and on or before September 20, 1994

3. Section 60.17 of subpart A of part

60 is amended by revising paragraphs

(h)(1), (h)(2), and (h)(3) to read as

follows:

§ 60.17 Incorporation by reference.

* * * * *

(h) * * *

(1) ASME QRO–1–1994, Standard for

the Qualification and Certification of

Resource Recovery Facility Operators,

IBR approved for § 60.56a.

(2) ASME PTC 4.1–1964 (Reaffirmed

1991), Power Test Codes: Test Code for

Steam Generating Units (with 1968 and

1969 Addenda), IBR approved for

§§ 60.46b and 60.58a(h)(6)(ii).

(3) ASME Interim Supplement 19.5 on

Instruments and Apparatus:

Application, Part II of Fluid Meters, 6th

Edition (1971), IBR approved for

§ 60.58a(h)(6)(ii).

* * * * *

4. Section 60.50a is amended by

revising paragraphs (a), (c), (d), (e), and

(f), removing paragraph (g),

redesignating paragraph (h) as

paragraph (l), redesignating paragraph

(i) as paragraph (m), and adding new

paragraphs (g), (h), (i), (j), and (k) to read

as follows:

§ 60.50a Applicability and delegation of

authority.

(a) The affected facility to which this

subpart applies is each municipal waste

combustor unit with a municipal waste

combustor unit capacity greater than

225 megagrams per day (250 tons per

day) of municipal solid waste for which

construction, modification, or

reconstruction is commenced as

specified in paragraphs (a)(1) and (a)(2)

of this section.

(1) Construction is commenced after

December 20, 1989 and on or before

September 20, 1994.

(2) Modification or reconstruction is

commenced after December 20, 1989

and on or before June 19, 1996.

* * * * *

(c) 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 Administrator of an

exemption claim; and

(2) Provides data documenting that

the unit qualifies for this exemption.

(d) Any cofired combustor, as defined

under § 60.51a, located at a plant 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 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.

(e) Any cofired combustor that is

subject to a federally enforceable permit

limiting the operation of the combustor

to no more than 225 megagrams per day

(250 tons per day) of municipal solid

waste is not subject to this subpart.

(f) Physical or operational changes

made to an existing municipal waste

combustor unit primarily for the

purpose of complying with emission

guidelines under subpart Cb are not

considered a modification or

reconstruction and do not result in an

existing municipal waste combustor

unit becoming subject to this subpart.

(g) 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 Administrator of an

exemption claim and provides data

documenting that the facility qualifies

for this exemption.

(h) 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 Administrator of an

exemption claim and provides data

documenting that the facility qualifies

for this exemption.

(i) Any unit required to have a permit

under section 3005 of the Solid Waste

Disposal Act is not subject to this

subpart.

(j) 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.

(k) Pyrolysis/combustion units that

are an integrated part of a plastics/

rubber recycling unit (as defined in

§ 60.51a) 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.

* * * * *

5. Section 60.51a is amended:

a. by removing the definitions of

‘‘coal/RDF mixed fuel fired combustor’’,

‘‘large MWC plant’’, ‘‘mass burn

refractory MWC’’, ‘‘mass burn rotary

waterwall MWC’’, ‘‘mass burn waterwall

MWC’’, ‘‘maximum demonstrated MWC

unit load’’, ‘‘medical waste’’,

‘‘municipal-type solid waste or MSW’’,

‘‘municipal waste combustor or MWC

unit’’, ‘‘MWC plant’’, ‘‘MWC plant

capacity’’, and ‘‘MWC unit capacity’’,

and;

b. by revising the definitions for

‘‘cofired combustor’’, ‘‘maximum

demonstrated particulate matter control

device temperature’’, and ‘‘standard

conditions’’, and;

c. by adding new entries to the

section. The revised entries and the new

entries are set out to read as follows:

§ 60.51a Definitions.

* * * * *

Calendar quarter means a consecutive

3-month period (nonoverlapping)

beginning on January 1, April 1, July 1,

and October 1.

* * * * *
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Rules and Regulations 65385

Clean wood means untreated wood or

untreated wood products including

clean untreated lumber, tree stumps

(whole or chipped), and tree limbs

(whole or chipped). Clean wood does

not include yard waste, which is

defined elsewhere in this section, or

construction, renovation, and

demolition wastes (which includes but

is not limited to railroad ties and

telephone poles), which are exempt

from the definition of municipal solid

waste in this section.

Cofired combustor means a unit

combusting municipal solid waste with

nonmunicipal solid waste fuel (e.g.,

coal, industrial process waste) and

subject to a federally enforceable permit

limiting the unit to combusting a fuel

feed stream, 30 percent or less of the

weight of which is comprised, in

aggregate, of municipal solid waste as

measured on a calendar quarter basis.

* * * * *

Large municipal waste combustor

plant means a municipal waste

combustor plant with a municipal waste

combustor aggregate plant capacity for

affected facilities that is greater than 225

megagrams per day (250 tons per day)

of municipal solid waste.

Mass burn refractory municipal waste

combustor means a field-erected

combustor that combusts municipal

solid waste in a refractory wall furnace.

Unless otherwise specified, this

includes combustors with a cylindrical

rotary refractory wall furnace.

Mass burn rotary waterwall municipal

waste combustor means a field-erected

combustor that combusts municipal

solid waste in a cylindrical rotary

waterwall furnace.

Mass burn waterwall municipal waste

combustor means a field-erected

combustor that combusts municipal

solid waste in a waterwall furnace.

Maximum demonstrated municipal

waste combustor unit load means the

highest 4-hour arithmetic average

municipal waste combustor unit load

achieved during four consecutive hours

during the most recent dioxin/furan

performance test demonstrating

compliance with the applicable limit for

municipal waste combustor organics

specified under § 60.53a.

Maximum demonstrated particulate

matter control device temperature

means the highest 4-hour arithmetic

average flue gas temperature measured

at the particulate matter control device

inlet during four consecutive hours

during the most recent dioxin/furan

performance test demonstrating

compliance with the applicable limit for

municipal waste combustor organics

specified under § 60.53a.

* * * * *

Modification or modified municipal

waste combustor unit means a

municipal waste combustor unit to

which changes have been made if the

cumulative cost of the changes, over the

life of the unit, exceed 50 percent of the

original cost of construction and

installation of the unit (not including

the cost of any land purchased in

connection with such construction or

installation) updated to current costs; or

any physical change in the municipal

waste combustor unit or change in the

method of operation of the municipal

waste combustor unit increases the

amount of any air pollutant emitted by

the unit for which standards have been

established under section 129 or section

111. Increases in the amount of any air

pollutant emitted by the municipal

waste combustor unit are determined at

100-percent physical load capability

and downstream of all air pollution

control devices, with no consideration

given for load restrictions based on

permits or other nonphysical

operational restrictions.

* * * * *

Municipal solid waste or municipaltype solid waste or MSW means

household, commercial/retail, and/or

institutional waste. Household waste

includes material discarded by single

and multiple residential dwellings,

hotels, motels, and other similar

permanent or temporary housing

establishments or facilities.

Commercial/retail waste includes

material discarded by stores, offices,

restaurants, warehouses,

nonmanufacturing activities at

industrial facilities, and other similar

establishments or facilities. Institutional

waste includes material discarded by

schools, nonmedical waste discarded by

hospitals, material discarded by

nonmanufacturing activities at prisons

and government facilities, and material

discarded by other similar

establishments or facilities. Household,

commercial/retail, and institutional

waste does not include used oil; sewage

sludge; wood pallets; construction,

renovation, and demolition wastes

(which includes but is not limited to

railroad ties and telephone poles); clean

wood; industrial process or

manufacturing wastes; medical waste; or

motor vehicles (including motor vehicle

parts or vehicle fluff). Household,

commercial/retail, and institutional

wastes include:

(1) Yard waste;

(2) Refuse-derived fuel; and

(3) Motor vehicle maintenance

materials limited to vehicle batteries

and tires except as specified in

§ 60.50a(c).

Municipal waste combustor, MWC, or

municipal waste combustor unit: (1)

Means any setting or equipment that

combusts solid, liquid, or gasified MSW

including, but not limited to, fielderected incinerators (with or without

heat recovery), modular incinerators

(starved-air or excess-air), boilers (i.e.,

steam-generating units), furnaces

(whether suspension-fired, grate-fired,

mass-fired, air curtain incinerators, or

fluidized bed-fired), and pyrolysis/

combustion units. Municipal waste

combustors do not include pyrolysis/

combustion units located at plastics/

rubber recycling units (as specified in

§ 60.50a(k) of this section). Municipal

waste combustors do not include

internal combustion engines, gas

turbines, or other combustion devices

that combust landfill gases collected by

landfill gas collection systems.

(2) The boundaries of an MWC are

defined as follows. The MWC unit

includes, but is not limited to, the MSW

fuel feed system, grate system, flue gas

system, bottom ash system, and the

combustor water system. The MWC

boundary starts at the MSW pit or

hopper and extends through:

(i) The combustor flue gas system,

which ends immediately following the

heat recovery equipment or, if there is

no heat recovery equipment,

immediately following the combustion

chamber;

(ii) The combustor bottom ash system,

which ends at the truck loading station

or similar ash handling equipment that

transfer the ash to final disposal,

including all ash handling systems that

are connected to the bottom ash

handling system; and

(iii) The combustor water system,

which starts at the feed water pump and

ends at the piping exiting the steam

drum or superheater.

(3) The MWC unit does not include

air pollution control equipment, the

stack, water treatment equipment, or the

turbine generator set.

* * * * *

Municipal waste combustor plant

means one or more MWC units at the

same location for which construction,

modification, or reconstruction is

commenced after December 20, 1989

and on or before September 20, 1994.

Municipal waste combustor plant

capacity means the aggregate MWC unit

capacity of all MWC units at an MWC

plant for which construction,

modification, or reconstruction of the

units commenced after December 20,
65386 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Rules and Regulations

1989 and on or before September 20,

1994. Any MWC units for which

construction, modification, or

reconstruction is commenced on or

before December 20, 1989 or after

September 20, 1994 are not included for

determining applicability under this

subpart.

Municipal waste combustor unit

capacity means the maximum design

charging rate of an MWC unit expressed

in megagrams per day (tons per day) of

MSW combusted, calculated according

to the procedures under § 60.58a(j).

Municipal waste combustor unit

capacity is calculated using a design

heating value of 10,500 kilojoules per

kilogram (4,500 British thermal units

per pound) for MSW. The calculational

procedures under § 60.58a(j) include

procedures for determining MWC unit

capacity for continuous and batch feed

MWC’s.

Municipal waste combustor unit load

means the steam load of the MWC unit

measured as specified in § 60.58a(h)(6).

* * * * *

Plastics/rubber recycling unit means

an integrated processing unit where

plastics, rubber, and/or rubber tires are

the only feed materials (incidental

contaminants may be included in the

feed materials) and they are processed

into a chemical plant feedstock or

petroleum refinery feedstock, where the

feedstock is marketed to and used by a

chemical plant or petroleum refinery as

input feedstock. The combined weight

of the chemical plant feedstock and

petroleum refinery feedstock produced

by the plastics/rubber recycling unit on

a calendar quarter basis shall be more

than 70 percent of the combined weight

of the plastics, rubber, and rubber tires

processed by the plastics/rubber

recycling unit on a calendar quarter

basis. The plastics, rubber, and/or

rubber tire feed materials to the plastics/

rubber recycling unit may originate from

the separation or diversion of plastics,

rubber, or rubber tires from MSW or

industrial solid waste, and may include

manufacturing scraps, trimmings, and

off-specification plastics, rubber, and

rubber tire discards. The plastics,

rubber, and rubber tire feed materials to

the plastics/rubber recycling unit may

contain incidental contaminants (e.g.,

paper labels on plastic bottles, metal

rings on plastic bottle caps, etc.).

* * * * *

Pulverized coal/refuse-derived fuel

mixed fuel-fired combustor or

pulverized coal/RDF mixed fuel-fired

combustor means a combustor that fires

coal and RDF simultaneously, in which

pulverized coal is introduced into an air

stream that carries the coal to the

combustion chamber of the unit where

it is fired in suspension. This includes

both conventional pulverized coal and

micropulverized coal.

Pyrolysis/combustion unit means a

unit that produces gases, liquids, or

solids through the heating of MSW, and

the gases, liquids, or solids produced

are combusted and emissions vented to

the atmosphere.

Reconstruction means rebuilding an

MWC unit for which the cumulative

costs of the construction over the life of

the unit exceed 50 percent of the

original cost of construction and

installation of the unit (not including

any cost of land purchased in

connection with such construction or

installation) updated to current costs

(current dollars).

Refractory unit or refractory wall

furnace means a combustion unit

having no energy recovery (e.g., via a

waterwall) in the furnace (i.e., radiant

heat transfer section) of the combustor.

* * * * *

Spreader stoker coal/refuse-derived

fuel mixed fuel-fired combustor or

spreader stoker coal/RDF mixed fuelfired combustor means a combustor that

fires coal and refuse-derived fuel

simultaneously, in which coal is

introduced to the combustion zone by a

mechanism that throws the fuel onto a

grate from above. Combustion takes

place both in suspension and on the

grate.

Standard conditions means a

temperature of 20 °C (68 °F) and a

pressure of 101.3 kilopascals (29.92

inches of mercury).

* * * * *

Untreated lumber means wood or

wood products that have been cut or

shaped and include wet, air-dried, and

kiln-dried wood products. Untreated

lumber does not include wood products

that have been painted, pigmentstained, or ‘‘pressure-treated.’’ Pressuretreating compounds include, but are not

limited to, chromate copper arsenate,

pentachlorophenol, and creosote.

Waterwall furnace means a

combustion unit having energy (heat)

recovery in the furnace (i.e., radiant heat

transfer section) of the combustor.

Yard waste means grass, grass

clippings, bushes, shrubs, and clippings

from bushes and shrubs that are

generated by residential, commercial/

retail, institutional, and/or industrial

sources as part of maintenance activities

associated with yards or other private or

public lands. Yard waste does not

include construction, renovation, and

demolition wastes, which are exempt

from the definition of MSW in this

section. Yard waste does not include

clean wood, which is exempt from the

definition of MSW in this section.

6. Section 60.56a, paragraph (a), Table

1, is amended by removing the entry for

‘‘Coal/RDF mixed fuel-fired

combustors’’ and adding entries for

‘‘Pulverized coal/RDF mixed fuel-fired

combustor’’ and ‘‘Spreader stoker coal/

RDF mixed fuel-fired combustor’’ to the

end of the table; by revising paragraph

(d); and by removing and reserving

paragraph (f)(9) to read as follows:

§ 60.56a Standards for municipal waste

combustor operating practices.

(a) * * *

TABLE 1.—MWC OPERATING STANDARDS

MWC technology

Carbon monoxide emission

limit (parts per

million by volume)1

* * * * * * *

Pulverized coal/RDF mixed fuel-fired combustor ............................................................................................................................ 150

Spreader stoker coal/RDF mixed fuel-fired combustor ................................................................................................................... 150

1 Measured at the combustor outlet in conjunction with a measurement of oxygen concentration, corrected to 7 percent oxygen (dry basis). The

averaging times are specified in § 60.58a(h).

* * * * * (d) Within 24 months from the date of

start-up of an affected facility or before

February 11, 1993, whichever is later,

each chief facility operator and shift
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Rules and Regulations 65387

supervisor of an affected faciltiy located

within a large MWC plant shall obtain

and keep current either a provisional or

operator certification in accordance

with ASME QRO–1–1994 (incorporated

by reference, see § 60.17) or an

equivalent State-approved certification

program.

* * * * *

(f) * * *

(9) [Reserved]

* * * * *

7. Section 60.58a is amended by

revising paragraphs (h)(1), (h)(2),

(h)(6)(i), (h)(6)(ii), and (h)(10),

redesignating paragraph (h)(6)(iii) as

paragraph (h)(6)(v), adding new

paragraphs (h)(6)(iii) and (h)(6)(iv),

removing and reserving paragraph (j)(3),

and revising paragraph (j)(4), to read as

follows:

§ 60.58a Compliance and performance

testing.

* * * * *

(h) * * *

(1) Compliance with the carbon

monoxide emission limits in § 60.56a(a)

shall be determined using a 4-hour

block arithmetic average for all types of

affected facilities except mass burn

rotary waterwall MWC’s, RDF stokers,

and spreader stoker/RDF mixed fuelfired combustors.

(2) For affected mass burn rotary

waterwall MWC’s, RDF stokers, and

spreader stoker/RDF mixed fuel-fired

combustors, compliance with the carbon

monoxide emission limits in § 60.56a(a)

shall be determined using a 24-hour

daily arithmetic average.

* * * * *

(6) * * *

(i) The owner or operator of an

affected facility with steam generation

capability shall install, calibrate,

maintain, and operate a steam flow

meter or a feedwater flow meter;

measure steam or feedwater flow in

kilograms per hour (pounds per hour)

on a continuous basis; and record the

output of the monitor. Steam or

feedwater flow shall be calculated in 4-

hour block arithmetic averages.

(ii) The method included in

‘‘American Society of Mechanical

Engineers Power Test Codes: Test Code

for Steam Generating Units, Power Test

Code 4.1—1964’’, Section 4

(incorporated by reference, see § 60.17)

shall be used for calculating the steam

(or feedwater flow) required under

paragraph (h)(6)(i) of this section. The

recommendations of ‘‘American Society

of Mechanical Engineers Interim

Supplement 19.5 on Instruments and

Apparatus: Application, Part II of Fluid

Meters, 6th edition (1971),’’ chapter 4

(incorporated by reference, see § 60.17)

shall be followed for design,

construction, installation, calibration,

and use of nozzles and orifices except

as specified in (h)(6)(iii) of this section.

(iii) Measurement devices such as

flow nozzles and orifices are not

required to be recalibrated after they are

installed.

(iv) All signal conversion elements

associated with steam (or feedwater

flow) measurements must be calibrated

according to the manufacturer’s

instructions before each dioxin/furan

compliance and performance test, and at

least once per year.

* * * * *

(10) At a minimum, valid CEMS data

for carbon monoxide, steam or

feedwater flow, and particulate matter

control device inlet temperature shall be

obtained 75 percent of the hours per day

for 75 percent of the days per month the

affected facility is operated and

combusting MSW.

* * * * *

(j) * * *

(3) [Reserved]

(4) The MWC unit capacity shall be

calculated using a design heating value

of 10,500 kilojoules per kilogram (4,500

British thermal units per pound) for all

MSW.

* * * * *

§ 60.59a [Amended]

8. Section 60.59a is amended by

removing paragraphs (a)(1), (b)(14),

(b)(15), and (m), and removing the third

sentence of paragraph (e).

[FR Doc. 95–30254 Filed 12–18–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 60

[AD-FRL–5327–5]

RIN 2060–AD00

Standards of Performance for New

Stationary Sources and Emission

Guidelines for Existing Sources

Municipal Waste Combustors

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This action adds standards of

performance for new municipal waste

combustor (MWC) units and emission

guidelines for existing MWC’s. The

standards and guidelines implement

sections 111 and 129 of the Clean Air

Act and are based on the

Administrator’s determination that

MWC’s cause, or contribute significantly

to, air pollution that may reasonably be

anticipated to endanger public health or

welfare. The standards and guidelines

apply to MWC units at plants with

aggregate capacities to combust greater

than 35 megagrams per day (Mg/day)

(approximately 40 tons per day) of

municipal solid waste (MSW) and

require sources to achieve emission

levels reflecting the maximum degree of

reduction in emissions of air pollutants

that the Administrator determined is

achievable, taking into consideration the

cost of achieving such emission

reduction, and any non-air-quality

health and environmental impacts and

energy requirements. The promulgated

standards and guidelines establish

emission levels for MWC organics

(dioxins/furans), MWC metals

(cadmium (Cd), lead (Pb), mercury (Hg),

particulate matter (PM), and opacity),

MWC acid gases (hydrogen chloride

(HCl) and sulfur dioxide (SO2)), nitrogen

oxides (NOX), and MWC fugitive ash

emissions. Some of the pollutants being

regulated are considered to be

carcinogens and at sufficient

concentrations can cause toxic effects

following exposure. The standards and

guidelines also establish requirements

for MWC operating practices (carbon

monoxide (CO), load, flue gas

temperature at the PM control device

inlet, and operator training/

certification). Additionally, the

standards for new MWC plants also

require a siting analysis and materials

separation plan.

DATES: Effective Dates. June 19, 1996 for

the standards for new sources (§§ 60.50b

through 60.59b) and December 19, 1995

for the emission guidelines for existing

sources (§§ 60.30b through 60.39b). The

incorporation by reference of certain

publications listed in the regulations is

approved by the Director of the Federal

Register as of June 19, 1996 for the

standards for new sources. See table 3

of this preamble for a summary of the

retrofit schedules for existing MWC

sources. See SUPPLEMENTARY

INFORMATION for a discussion of the

schedule for judicial review.

Comments. Comments on the

Information Collection Request (ICR)

document associated with the final

standards for new sources are requested,

as discussed in section VI.B of this

preamble. Comments on the ICR

document must be received on or before

February 20, 1996. Refer to Section VI.B

for further information on this request

for comment.

ADDRESSES: Comments. As noted above,

comments on the ICR document