`[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Rules and Regulations]
[Pages 65382-65387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30254]




[[Page 65381]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 60



Standards of Performance for Municipal Waste Combustors and Emission 
Guidelines; Final Rules, Proposed Rule and Notice

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

[[Page 65382]]


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 Secs. 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rule, that amendment will be withdrawn by timely publication in the 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 The amendments in question will be withdrawn from this direct 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 Sec. 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 Sec. 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 Sec. 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 Sec. 60.51a. Relative to these changes, 
Sec. 60.58(j)(3) is being removed and items in Sec. 60.59a (a)(1), 
(b)(14), and (m) are being moved to Sec. 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 
(Sec. 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 

[[Page 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 Sec. 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 Secs. 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 Sec. 60.51a of subpart Ea is being revised to be 
consistent with subparts Eb and Cb. Additionally, the determination of 
``MWC unit capacity'' in Sec. 60.58a(j)(4) and its definition in 
Sec. 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 Sec. 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 
Sec. 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 Sec. 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 
Secs. 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 Sec. 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 coal-type 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 Sec. 60.51a.

F. Update of Operator Training Specifications

    The operator training requirements in Sec. 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 Sec. 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 Sec. 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.


[[Page 65384]]

    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:


Sec. 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 
Sec. 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 Secs. 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 Sec. 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:


Sec. 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 Sec. 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 Sec. 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:


Sec. 60.51a  Definitions.

* * * * *
    Calendar quarter means a consecutive 3-month period 
(nonoverlapping) beginning on January 1, April 1, July 1, and October 
1.
* * * * * 

[[Page 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 
Sec. 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 Sec. 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 municipal-type 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 Sec. 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, field-erected incinerators 
(with or without heat recovery), modular incinerators (starved-air or 
excess-air), boilers (i.e., steam-generating units), furnaces (whether 
suspension-fired, grate-fired, mass-fired, air curtain incinerators, or 
fluidized bed-fired), and pyrolysis/combustion units. Municipal waste 
combustors do not include pyrolysis/combustion units located at 
plastics/ rubber recycling units (as specified in Sec. 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, 

[[Page 65386]]
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 
Sec. 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 Sec. 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 Sec. 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 fuel-fired 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  deg.C (68  deg.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, 
pigment-stained, or ``pressure-treated.'' Pressure-treating 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:


Sec. 60.56a  Standards for municipal waste combustor operating 
practices.

    (a) * * *

                    Table 1.--MWC Operating Standards                   
------------------------------------------------------------------------
                                                         Carbon monoxide
                                                         emission limit 
                    MWC technology                         (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 Sec.  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 

[[Page 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 Sec. 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:


Sec. 60.58a  Compliance and performance testing.

* * * * *
    (h) * * *
    (1) Compliance with the carbon monoxide emission limits in 
Sec. 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 fuel-fired 
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 Sec. 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 
Sec. 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 Sec. 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.

* * * * *

Sec. 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`