Standards of Performance for New Stationary Sources; Sewage Treatment Plants

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-4833-1]

Standards of Performance for New Stationary Sources; Sewage

Treatment Plants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendment of requirements.

SUMMARY: This action amends 40 CFR part 60, subpart O, Standards of

Performance for Sewage Treatment Plants. Specifically, provisions

requiring metals analysis of air samples and sludge samples are

deleted. This deletion is occasioned by the promulgation of final

regulations under section 405(a) of the Clean Water Act (CWA) on

February 19, 1993, which eliminates the reason for metals testing under

this subpart.

EFFECTIVE DATE: This action will be effective April 4, 1994 unless

notice has been received, within 30 days from the publication of this

rule, that adverse or critical comments will be submitted by an

interested party. If the effective date is delayed, timely notice will

be published in the Federal Register.

ADDRESSES: Written comments should be submitted to: Mr. Eugene

Crumpler, U.S. Environmental Protection Agency, Industrial Studies

Branch, Emission Standards Division (MD-13), Research Triangle Park,

North Carolina, 27711. Telephone: (919) 541-0881.

FOR FURTHER INFORMATION CONTACT: Eugene P. Crumpler, Industrial Studies

Branch, Emission Standards Division (MD-13), U.S. Environmental

Protection Agency, Research Triangle Park, North Carolina 27711, (919)

541-0881.

SUPPLEMENTARY INFORMATION:

Background

Subpart O of 40 CFR part 60 establishes New Source Performance

Standards (NSPS), pursuant to section 111 of the Clean Air Act (Act)

for new, modified or reconstructed sewage sludge incinerators. The NSPS

limits emissions of particulate matter (PM) discharged to the

atmosphere to 0.65 g/kg dry sludge input (1.30 lb/ton dry sludge input)

and the opacity of any gases discharged to 20 percent.

Furthermore, the NSPS presents test methods and procedures for

compliance demonstration. Among these is paragraph 60.154(d) (3)-(5)

which calls for the analysis of air emissions samples collected by EPA

method 5 and composite samples of sludge for ten metals. This

requirement was added to the October 6, 1988 regulation because, ``* *

* EPA's intention (is) to consolidate existing waste management

authorities with the broad authorities provided under section 405 of

the CWA. Section 405(d) of the CWA requires EPA to develop regulations

for the use and disposal of sewage sludge. The measurement of metals

will assist the Agency in establishing guidelines for State and local

sludge management programs. Also, this will assist the Agency in

determining if future regulatory action is warranted.''

Need for the Action

As EPA has promulgated the final sewage sludge regulations pursuant

to section 405(d) of the CWA (published February 19, 1993 (58 FR

9248)), with requirements for testing and control of metals from sewage

sludge incinerators that supersede the provisions of Sec. 60.154(d)(3)

through (5), there is no longer a need to collect data on metals

emissions and the metals content of sludge for the development of the

CWA regulations pursuant to Sec. 60.154(d)(3) through (5). Therefore,

60 days after the date of publication of this notice, paragraphs (d)(3)

through (5) shall be deleted from Sec. 60.154.

The EPA hereby publishes this amendment to Subpart O to delete

paragraphs (d)(3) through (5) to eliminate duplicate and conflicting

metal testing requirements for sewage sludge incinerators that are

regulated under the Act and the CWA.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. This action will be effective April 4, 1994

unless, within 30 days of publication, notice is received that adverse

or critical comments will be submitted.

If such notice is received, this action will be withdrawn before

the effective date by publication of a further notice. That notice will

withdraw the final action and begin a new rulemaking by proposing the

action and establishing a comment period.

List of Subjects in 40 CFR Part 60

Air pollution control, Incorporation by reference,

Intergovernmental relations, Reporting and recordkeeping requirements,

Sewage treatment plants.

For the reason set out in the preamble, 40 CFR part 60 is amended

as follows:

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

Authority: Secs. 101, 111, 114, 116, and 301, of the Clean Air

Act as amended (42 U.S.C. 7401, 7411, 7414, 7416, 7601).

Sec. 60.154 [Amended]

2. In Sec. 60.154, paragraphs (d) (3) through (5) are removed.

Dated: January 27, 1994.

Mary D. Nichols,

Assistant Administrator for Air and Radiation.

[FR Doc. 94-2437 Filed 2-2-94; 8:45 am]

BILLING CODE 6560-50-P