Withdrawal of the 1991 Emission Guidelines for Municipal Waste Combustors

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-5068-8]

Withdrawal of the 1991 Emission Guidelines for Municipal Waste

Combustors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed withdrawal of 1991 emission guidelines (subpart Ca)

and request for comment.

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SUMMARY: The EPA proposes to withdraw the emission guidelines for

existing municipal waste combustors (MWC's) that were promulgated on

February 11, 1991 in 40 CFR part 60, subpart Ca. The February 11, 1991

subpart Ca emission guidelines for MWC's would be replaced by more

stringent guidelines being proposed under section 129 of the Clean Air

Act (Act) as amended in 1990 (1990 Amendments). New emission guidelines

that would replace those being proposed to be withdrawn in this

document are being proposed in a separate document in today's Federal

Register.

DATES: Comments. Comments concerning this proposal to withdraw the

subpart Ca emission guidelines must be submitted on or before November

4, 1994.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if

possible) to: Air and Radiation Docket and Information Center (Mail

Code 6102), Attention: Docket No. A-89-08, room M1500, Central Mall,

401 M Street, SW., Washington, DC 20460.

Docket. The docket is available for public inspection and copying

between the hours of 8 a.m. and 4 p.m., Monday through Friday, at the

EPA's Air and Radiation Docket and Information Center (Mail Code 6102),

Attention: Docket No. A-89-08, room M1500, Central Mall, 401 M Street,

SW., Washington, DC 20460. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For additional information contact Mr.

Walter Stevenson at (919) 541-5264 or Mr. Fred Porter at (919) 541-

5251, Standards Development Branch, Emission Standards Division (MD-

13), U.S. Environmental Protection Agency, Research Triangle Park,

North Carolina 27711.

SUPPLEMENTARY INFORMATION: An electronic copy of this document is

available from the EPA's Technology Transfer Network (TTN) electronic

bulletin board system. The TTN contains 18 electronic bulletin boards,

and this document is included in the Clean Air Act Amendments (CAAA)

bulletin board. The TTN is accessible 24 hours per day, 7 days per

week, except Monday morning from 8 a.m. to 12 p.m., when the system is

updated. The service is free except for the cost of the phone call.

Dial (919) 541-5742 to access the TTN. The TTN is compatible with up to

a 14,400 bits-per-second (bps) modem. Further instructions for

accessing the TTN can be obtained by calling the help desk at (919)

541-5384.

Summary of Proposed Withdrawal of the 1991 Emission Guidelines (Subpart

Ca)

On December 20, 1989, the EPA proposed emission guidelines for all

sizes of existing MWC's (54 FR 52209). Those proposed guidelines were

developed under section 111(d) of the Act as amended in 1977 and were

promulgated on February 11, 1991. Section 111(d) of the Act of 1977

requires emission guidelines for designated existing sources of air

pollution to reflect the application of best demonstrated technology

(BDT).

On November 15, 1990, just prior to the EPA's scheduled

promulgation of the section 111(d) guidelines, the Act Amendments of

1990 were adopted. The 1990 Amendments added a new section 129 to the

Act that applies to solid waste combustors including MWC's. Under

authority of sections 111 and 129 of the Act of 1990, the EPA is

required to promulgate revised guidelines for MWC's based upon the

application of maximum achievable control technology (MACT). However,

section 129 included a clause that directed the EPA to issue the

emission guidelines developed based on BDT under the deadlines imposed

in the consent decree issued from State of New York et al. v. Reilly

(No. 89-1729 D.D.C.). Additionally, section 129 of the Act of 1990

directed the EPA to limit applicability of BDT-based guidelines to

those MWC's with a unit capacity greater than 225 Mg/day (250 tons per

day). Section 129 specified that revised MACT-based guidelines for

units larger than 225 Mg/day capacity were to be adopted by the EPA

within 1 year and that revised MACT-based guidelines for units smaller

than 225 Mg/day were to be adopted within 2 years. Consistent with

section 129, the EPA redrafted the BDT-based guidelines and limited

applicability of the 1991 guidelines to MWC units larger than 225 Mg/

day capacity.

In a separate document in today's Federal Register, the EPA is

proposing emission guidelines for MWC's that reflect the application of

MACT as required by section 129. The proposed MACT-based guidelines are

more stringent than the February 11, 1991 BDT-based guidelines and

would apply to MWC units at plants with a capacity of greater than 35

Mg/day. The MACT-based guidelines would require MWC facilities to

purchase and install different types of air pollution control equipment

than the BDT-based guidelines. Therefore, the EPA proposes to withdraw

the February 11, 1991 guidelines since their implementation would not

be consistent with the MACT requirements of section 129. The February

11, 1991 emission guidelines were promulgated in 40 CFR part 60,

subpart Ca. The MACT-based guidelines proposed in a separate document

in today's Federal Register are proposed as 40 CFR part 60, subpart Cb.

This notice proposes to withdraw the subpart Ca emission guidelines.

List of Subjects in 40 CFR Part 60

Air pollution control, Incorporation by reference,

Intergovernmental relations, Reporting and recordkeeping.

Dated: September 1, 1994.

Jonathan Z. Cannon,

Acting Administrator.

Part 60, chapter I, title 40 of the Code of Federal Regulations is

proposed to be amended as follows:

PART 60--[AMENDED]

1. The authority citation for part 60 continues to read as follows:

Authority: 42 U.S.C. 7401, 7411, 7414, 7416, 7429, and 7601.

Subpart Ca [Removed and Reserved]

2. Subpart Ca is removed and reserved.

Sec. 60.30 [Amended]

3. Section 60.30 is amended by removing and reserving paragraph

(a).

[FR Doc. 94-22346 Filed 9-19-94; 8:45 am]

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