Emission Guidelines for Existing Sources and Standards of Performance for New Stationary Sources: Large Municipal Waste Combustion Units

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-5879-6]

RIN 2016-AD04

Emission Guidelines for Existing Sources and Standards of

Performance for New Stationary Sources: Large Municipal Waste

Combustion Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On December 19, 1995, pursuant to sections 111 and 129 of the

Clean Air Act, EPA promulgated emission guidelines applicable to

existing municipal waste combustor (MWC) units and new source

performance standards applicable to new MWC units. The guidelines and

standards are codified at 40 CFR Part 60, subparts Cb and Eb,

respectively. See 60 FR 65387. On April 8, 1997, the United States

Court of Appeals for the District of Columbia Circuit vacated subparts

Cb and Eb as they apply to MWC units with the capacity to combust less

than or equal to 250 tons per day of municipal solid waste (MSW), and

all cement kilns combusting MSW, consistent with their opinion in Davis

County Solid Waste Management and Recovery District v. EPA, 101 F.3d

1395 (D.C. Cir. 1996), as amended, 108 F.3d 1454 (D.C. Cir. 1997). As a

result, subparts Cb and Eb apply only to MWC units with the capacity to

combust more than 250 tons per day of MSW per unit (large MWC units).

This document amends the guidelines and the standards for MWC units

to make them consistent with the Davis decision and subsequent court

vacatur order. The guidelines and standards being amended have remained

in effect for large MWC units since December 19, 1995 because the court

did not vacate or stay the rules as they apply to these units.

The amended guidelines and standards result in the 1995 rule being

applicable only to MWC units with the capacity to combust greater than

250 tons per day of MSW per unit. In this document, these units are

referred to as large MWC units or large MWC's.

The amendments affect the applicability of the guidelines and

standards, and add supplemental emission limits for four pollutants

(hydrogen chloride, sulfur dioxide, nitrogen oxides, and lead) to the

guidelines. The amendments do not add any additional emission limits to

the standards.

The 1995 guidelines and standards applied to MWC units at plants

greater than 35 megagrams per day combustion capacity (approximately 39

tons per day). Because the amendments restrict coverage of the 1995

guidelines and standards to only MWC units with combustion capacities

greater than 250 tons per day consistent with the Davis decision, and

because no petitions to review the 1995 rules as they applied to large

MWC units were filed, the Agency does not anticipate receiving adverse

comments on these amendments.

DATES: The amendments to the guidelines (subpart Cb) and standards

(subpart Eb) are effective October 24, 1997 unless significant material

adverse comments are received by September 24, 1997. If significant

material adverse comments are received on the amendments to either the

guidelines or the standards, the direct final rule receiving comment

will be withdrawn.

FOR FURTHER INFORMATION CONTACT: Mr. Walter Stevenson at (919) 541-

5264, Combustion Group, Emission Standards Division (MD-13), U.S.

Environmental Protection Agency, Research Triangle Park, North Carolina

27711.

SUPPLEMENTARY INFORMATION: A companion proposal to this direct final

rule is being published in today's Federal Register and is identical to

this direct final rule. Any comments on the amendments should address

the proposal. If significant material adverse comments are received by

the date specified in the proposed amendments, this direct final rule

will be withdrawn and the comments on the proposed amendments will be

addressed by EPA in a subsequent final rule. If no significant material

adverse comments are received on any provision of this direct final

rule, then no further action will be taken on the companion proposal

and these amendments will become effective October 24, 1997.

Also being published in today's Federal Register are technical

amendments to the guidelines and standards. The technical amendments

are being published in a similar format to these court-related

amendments, with a direct final rule and a companion proposal.

I. Background

On December 20, 1989, under the authority of section 111(b) of the

Clean Air Act of 1977, EPA proposed guidelines and standards for MWC

units (40 CFR part 60, subparts Ca and Ea, respectively). The subpart

Ca guidelines and subpart Ea standards were promulgated on February 11,

1991. The 1990 Amendments to the Clean Air Act included a new section

129 applicable to MWC units, which required EPA to review the subpart

Ca guidelines and subpart Ea standards and determine if they were fully

consistent with the requirements of the new section. The EPA reviewed

the subpart Ca guidelines and subpart Ea standards and concluded that

they were not fully consistent with the requirements of the new section

129. The EPA proposed revised guidelines (subpart Cb) and standards

(subpart Eb) on September 20, 1994 to make the guidelines and standards

consistent with the requirements of section 129. The revised guidelines

and standards were adopted as final on December 19, 1995.

The 1995 rules subcategorized the MWC population into two

categories of MWC units based on the total capacity of the MWC plants

at which the MWC units were located. The large category included all

MWC units located at MWC plants with aggregate plant combustion

capacities greater than 250 tons per day (actually 225 megagrams per

day, which is approximately 249 tons per day); the small category was

comprised of all MWC units located at MWC plants with aggregate plant

combustion capacities equal to or less than 250 tons per day but larger

than 39 tons per day.

Following promulgation, two petitions for review were filed with

the U.S. Court of Appeals for the District of Columbia Circuit

regarding use of aggregate plant capacity as the basis for initial

categorization in the 1995 promulgation. In addition, another petition

was filed which challenged the applicability of the rules to cement

kilns firing MSW. An initial opinion was issued by the District Court

on December 6, 1996. Davis County Solid Waste Management and Recovery

District v. EPA, 101 F.3d 1395 (D.C. Cir. 1996). The EPA filed a

petition for rehearing on February 4, 1997, requesting that the court

reconsider the remedy portion of its opinion and vacate the guidelines

and standards only as they apply to small MWC units (those units with

individual units capacity less than or equal to 250 tons per day) and

all cement kilns. The court granted EPA's petition in full and issued a

revised opinion on March 21, 1997. Davis County Solid Waste Management

and Recovery District v. EPA, 108 F.3d 1454 (D.C. Cir. 1997). On April

8, 1997 the court issued an order implementing its opinion. The final

opinion and order, to which this direct final rule responds, remanded

to EPA the MWC guidelines and standards for the large category for

amendment and vacated the guidelines

[[Page 45117]]

and standards as they applied to small units and all cement kilns. The

1995 guidelines have remained in effect since December 19, 1995 and

will remain in effect for large MWC units during the amendment of the

1995 rules.

The remand required EPA to recalculate the maximum achievable

control technology (MACT) floors for large MWC units consistent with

the court's opinion. For existing sources, because the large category

now includes only MWC units with combustion capacities greater than 250

tons per day, EPA must remove from the 1995 large category a total of

45 MWC units that have individual unit capacities of less than or equal

to 250 tons per day, but that are co-located with other MWC units at

MWC plants that have aggregate capacities greater than 250 tons per

day. These 45 units are commonly referred to as the Davis class

(referencing the name of the Court's opinion that clarifies that EPA

must categorize these units as small MWC units). The removal of the

Davis class units from the large MWC database used in 1995 to determine

the MACT floors results in slightly modified emission guidelines for

four pollutants; the other emission guideline limits are unaffected.

For new sources, the change in applicability does not affect the

calculation of the MACT floors or the resulting standards.

II. Summary of Amendments

A. Change in Applicability

As amended today, the guidelines and standards codified in subparts

Cb and Eb, respectively, apply only to MWC units with combustion

capacities greater than 250 tons per day per unit. This class of MWC

units are referred to as the ``large category'' and the individual

units are referred to as ``large MWC units'' or ``large MWC's.'' This

applicability requirement is different from the 1995 rule, which

applied to all MWC units at plants with aggregate plant combustion

capacities greater than 39 tons per day.

The amended guidelines and standards cover approximately 87 percent

of the MWC capacity covered by the 1995 rule. Consistent with the Davis

decision and court order, small MWC units (those with unit capacities

less than or equal to 250 tons per day) are not covered by the amended

rules and will be addressed in a separate rulemaking. Also consistent

with the Davis decision and court order, the amended rules further

exclude cement kilns firing MSW from coverage while EPA reassesses this

issue. Should EPA conclude that a rulemaking under section 129 is

appropriate for cement kilns combusting MSW, it will propose such

regulations in a separate rulemaking.

Although the 1995 rules referred to ``225 megagrams per day,''

which is equivalent to 248 tons per day, the rules as amended by this

action refer only to 250 tons per day capacity with no metric

conversion to be fully consistent with the language in the court's

decision and sections 129(a)(1) (B) and (C) of the Clean Air Act.

These applicability changes amend Secs. 60.32b, 60.50b, and 60.59b.

Associated with these changes, references to large and small plants

have been removed throughout subpart Cb to clarify the amended

guidelines.

B. Emission Limits

1. Emission Guidelines (Subpart Cb)

As a result of the recalculation of the MACT floors, emission

limits have been revised slightly from the 1995 promulgation. For a

detailed discussion of the MACT floor analysis methodology, refer to

the 1994 proposal preamble (59 FR 48228), the September 1995 report

``Municipal Waste Combustion: Background Information Document for

Promulgated Standards and Guidelines--Public Comments and Responses''

(EPA-453/R-95-013b), and docket A-90-45.

In the 1995 promulgation, the MACT floors for each pollutant were

based on the average emission limitation achieved by the best-

performing 25 MWC units (12 percent of the 209 units in the 1995 large

category). In the 1995 promulgated emission guidelines, EPA established

MACT standards for eight pollutants (60 FR 65401 and 65402). As

discussed in the preamble to the proposed and promulgated guidelines,

the MACT standards for three pollutants--dioxins/furans, mercury, and

cadmium--were more stringent than their respective MACT floors (59 FR

48246, and 60 FR 65401 and 65406), and the MACT standards for five

pollutants--lead, particulate matter, sulfur dioxide, hydrogen

chloride, and nitrogen oxides--were set at their respective MACT floors

(59 FR 48246, and 60 FR 65401 and 65402).

Of the 209 MWC units in the 1995 promulgated large category, as

noted previously, 45 are MWC units that are directly affected by the

Court's decision (i.e., there currently are 45 MWC units with

individual unit capacity less than or equal to 250 tons per day that

are located at plants with aggregate capacities greater than 250 tons

per day). The Court held that these 45 units must be placed in the

small unit category and the large category must be reexamined based on

this change. This results in the revised large category containing 164

MWC units (209-45=164). The MACT floors for each pollutant for the

large category, therefore, must now be based on the average emission

limitation achieved by the best-performing 20 MWC units in the large

category (12 percent of 164), rather than the 25 units used in the 1995

guidelines.

The EPA calculated the revised MACT floors based on the best-

performing 20 units and determined that the MACT floors for seven

pollutants have become more stringent than the 1995 MACT floors.

However, after comparing the MACT floors for the revised large category

to the 1995 emission guideline levels for MWC units at large plants, it

was determined that the MACT emission limits would need to change for

only four pollutants. The MACT emission limits for the other pollutants

do not change as a result of the change in the large category, either

because the MACT floor does not change and the emission limit was set

at the MACT floor (i.e., particulate matter), or because the 1995

emission limit is more stringent than either the 1995 MACT floor or the

revised MACT floor (i.e., mercury, cadmium, dioxins/furans).

The revised MACT floors have led to slightly more stringent MACT

limits for lead, sulfur dioxide, hydrogen chloride limits, and the

fluidized bed combustor nitrogen oxides limit. These additional limits

are being added to the guidelines as supplemental limits, and

compliance with the supplemental limits can be no later than 5 years

after publication or 3 years after EPA's approval of a State plan

incorporating these supplemental limits, whichever is first. The

original 1995 limits for these pollutants remain in the guidelines for

large MWC units, and compliance with them remains December 19, 2000 or

3 years after EPA's approval of a State plan implementing these

guidelines, whichever is first. The supplemental emission limits and

their associated compliance dates are as follows:

[[Page 45118]]

Amended Limits for Subpart Cb (Guidelines)

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Compliance Compliance

Pollutant by 2000 a by 2002 b

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Lead (mg/dscm).............................. 0.49 0.44

Sulfur Dioxide (ppmv)....................... 31 29

Hydrogen Chloride (ppmv).................... 31 29

Nitrogen Oxides from Fluidized Bed

Combustors (ppmv).......................... 240 180

------------------------------------------------------------------------

a These limits and all other limits in the 1995 guidelines have remained

in force since December 19, 1995, and compliance with them is required

by December 19, 2000 or 3 years after approval of a State plan,

whichever is first.

b These supplemental limits are being added to the guidelines and

compliance with them is required by 5 years after promulgation of

these amendments or 3 years after approval of a revised State plan

incorporating these amendments, whichever is first.

In addition to the more stringent limits described above, the

revised MACT floors for nitrogen oxides have led to a slightly less

stringent limit for mass-burn waterwall combustors. EPA will approve

State plans that include the less restrictive nitrogen oxide limit of

205 ppmv for mass burn waterwall combustors prior to the effective date

of these amendments, consistent with the Davis decision. Also, the

``other'' combustor type subcategory for nitrogen oxides that was

included in the 1995 guidelines was determined to be unnecessary

because all known existing large MWC units fit into the first five

subcategories (i.e., mass burn waterwall, mass burn rotary waterwall,

refuse-derived fuel, fluidized bed, or mass burn refractory

combustors).

The revised emission limits for all four pollutants can be achieved

using the same types of air pollution control technology that served as

the basis of the 1995 promulgated limits: spray dryer/electrostatic

precipitator/carbon injection or spray dryer/fabric filter/carbon

injection, and selective noncatalytic reduction for non-refractory

combustor types.

2. Standards of Performance (Subpart Eb)

Since no Davis class units were used as the basis for the emission

limits in the standards for the large category in the 1995 rules, there

is no change to the MACT floor, the technology determined to be MACT,

or the MACT emission limits that were established in the 1995

promulgation of the standards.

C. Compliance Times and State Plan Revisions for Existing MWC units

Under section 129(b)(2), emission guidelines are not directly

enforceable; rather, States must develop section 111(d)/129 State plans

that implement and enforce the guidelines. The State plans implementing

the 1995 guidelines for large MWC units were due December 1996. State

plans adding the supplemental limits discussed above are due within 1

year after promulgation of these amendments.

All large MWC units must be in compliance with the 1995 emission

limits within 3 years of State plan approval or by December 19, 2000,

whichever is first, and must be in compliance with the supplemental

emission limits promulgated today no later than August 26, 2002 or 3

years after EPA approval of a State plan implementing these limits,

whichever is first, consistent with sections 129(b) (2) and (3) of the

Clean Air Act.

D. Definitions

The definition of MWC plant in Sec. 60.51b of the 1995 standards

referred to units that were ``constructed, modified, or reconstructed

after September 20, 1994'' which contradicts the applicability dates

for modified or reconstructed units specified in the applicability

section. Under the applicability section, the date of September 20,

1994 is used to determine applicability of the standards to newly

constructed units and the date of June 19, 1996 is used to determine

applicability of the standards to modified/reconstructed units,

consistent with sections 129 (f)(1), (g)(2), and (g)(3) of the Clean

Air Act. To correct this, the amended MWC plant definition

(Sec. 60.51b) now refers only to ``affected facilities'' and directs

the reader to the applicability section (Sec. 60.50b) to determine what

constitutes an affected facility. A similar change was made to

Sec. 60.31b of the guidelines. The definition of MWC unit in

Sec. 60.51b was amended to add language exempting all cement kilns

firing MSW, consistent with the Davis decision.

E. Other Changes

The heading of subpart Cb was revised to include the date of

September 20, 1994. This change was made to correct the subpart Cb

heading listed in the introduction to part 60 which erroneously

included the date of December 19, 1995. The heading of subpart Eb and

the language of Sec. 60.52b(c)(1) were amended to avoid confusion

regarding the applicability to modified or reconstructed units.

III. Judicial Review

Under section 307(b)(1) of the Clean Air Act, judicial review of

the actions taken by these amendments only is available 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 Clean Air Act, the requirements

that are subject to today's notice may not be challenged later in civil

or criminal proceedings brought by EPA to enforce these requirements.

Under section 307(d)(7) of the Clean Air Act, only an objection to

a rule or procedure raised with reasonable specificity during the

period for public comment or public hearing may be raised during

judicial review. Public comments on the notice proposing these

amendments must be submitted to docket A-90-45/Section VIII-D (see

DATES, ADDRESSES, and SUPPLEMENTARY INFORMATION of the proposal notice

published elsewhere in today's Federal Register for more details). As

discussed under the SUPPLEMENTARY INFORMATION section of this direct

final rule and also as discussed in the proposal notice, if significant

material adverse comments are received on the companion proposal, this

direct final rule will be withdrawn and the comments received on the

proposal will be addressed in a separate rulemaking.

IV. Administrative Requirements

A. Docket

The docket is an organized and complete file of all the information

considered in the development of this rulemaking. The principal

purposes of the docket are: (1) To allow interested parties to identify

and locate documents so that they can effectively participate in the

rulemaking process; and (2) to serve as the record in case of judicial

review, except for interagency review material. The docket number for

this rulemaking is A-90-45. Docket No. A-89-08 also includes background

information for this rulemaking and supported the proposal and

[[Page 45119]]

promulgation of the subpart Ca guidelines and subpart Ea standards.

Docket No. A-89-08 has been incorporated by reference. Refer to the

companion proposal in this Federal Register for docket address

information.

B. Paperwork Reduction Act

Today's action does not impose any new information collection

burden. Today's action reduces the coverage of the 1995 standards and

the burden of the 1995 standards. The Office of Management and Budget

(OMB) has previously approved the information collection requirements

contained in these regulations under the provisions of the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control

number 2060-0210 (EPA ICR 1506.07). Copies of the ICR document(s) may

be obtained from Sandy Farmer, OPPE, Regulatory Information Division;

EPA; 401 M St., SW. (mail code 2137); Washington, DC 20460 or by

calling (202) 260-2740. Include the ICR and/or OMB number in any

correspondence.

C. Executive Order 12866

Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA

must determine whether the regulatory action is ``significant'' and,

therefore, subject to OMB review and the requirements of the Executive

Order. The EPA considered the 1995 guidelines and standards to be

significant and the rules were reviewed by OMB in 1995 (see 60 FR

65405). The amendments issued today do not result in any additional

control requirements and this regulatory action is considered ``not

significant'' under Executive Order 12866.

D. Unfunded Mandates Act

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a statement to accompany any rule where the estimated

costs to State, local, or tribal governments, or to the private sector

will be $100 million or more in any 1 year. Section 203 requires EPA to

establish a plan for informing and advising any small governments that

may be significantly impacted by the rule. An unfunded mandates

statement was prepared and published in the 1995 promulgation notice

(see 60 FR 65405 to 65412).

The EPA has determined that these amendments do not include any new

Federal mandates. Therefore, the requirements of the Unfunded Mandates

Act do not apply to this direct final rule.

E. Regulatory Flexibility Act

Section 605 of the RFA requires Federal agencies to give special

consideration to the impacts of regulations on small entities, which

are small businesses, small organizations, and small governments.

During the 1995 rulemaking, EPA estimated that few, if any, small

entities would be affected by the promulgated guidelines and standards

and, therefore, a regulatory flexibility analysis was not required (see

60 FR 65413). The rules as amended today do not establish any new

requirements; therefore, pursuant to the provisions of 5 U.S.C. 605(b),

EPA certifies that the amendments to the guidelines and standards will

not have a significant impact on a substantial number of small

entities, and a regulatory flexibility analysis is not required.

F. Submission to Congress and the Comptroller General

Under 5 U.S.C. Sec. 801(a)(1)(A), as added by the Small Business

Regulatory Enforcement Fairness Act (SBREFA) of 1996, EPA submitted a

report containing these amendments and other required information to

the U.S. Senate, the U.S. House of Representatives, and the Comptroller

General of the United States prior to publication of these rules in

today's Federal Register. These amendments are not a ``major rule'' as

defined by 5 U.S.C. 804(2) and a SBREFA analysis is not required.

List of Subjects in 40 CFR Part 60

Environmental Protection, Air pollution control, Intergovernmental

relations, Reporting and recordkeeping requirements.

Dated: August 15, 1997.

Carol M. Browner,

Administrator.

For reasons set out in the preamble, title 40, chapter I, of the

Code of Federal Regulations is 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.

2. Revise the heading for subpart Cb to read as follows:

Subpart Cb--Emission Guidelines and Compliance Times for Large

Municipal Waste Combustors That Are Constructed on or Before

September 20, 1994

3. In Sec. 60.31b revise the definition of ``Municipal waste

combustor plant'' to read as follows:

Sec. 60.31b Definitions.

* * * * *

Municipal waste combustor plant means one or more designated

facilities (as defined in Sec. 60.32b) at the same location.

* * * * *

4. Amend Sec. 60.32b as follows:

a. In paragraph (b)(2) remove the words ``10 megagrams'' and add,

in their place, the words ``11 tons'';

b. Revise paragraph (a) and the introductory text of paragraph (b),

and add new paragraph (m) to read as follows:

Sec. 60.32b Designated facilities.

(a) The designated facility to which these guidelines apply is each

municipal waste combustor unit with a combustion capacity greater than

250 tons per day of municipal solid waste for which construction was

commenced on or before September 20, 1994.

(b) Any municipal waste combustion unit that is capable of

combusting more than 250 tons per day of municipal solid waste and is

subject to a federally enforceable permit limiting the maximum amount

of municipal solid waste that may be combusted in the unit to less than

or equal to 11 tons per day is not subject to this subpart if the owner

or operator:

* * * * *

(m) Cement kilns firing municipal solid waste are not subject to

this subpart.

5. Amend Sec. 60.33b as follows:

a. In paragraphs (a)(1)(i), (a)(2)(i), (a)(2)(iii), (b)(1)(i),

(b)(2)(i), and (c)(1) introductory text remove the phrase ``located

within a large municipal waste combustor plant'';

b. In paragraphs (a)(1)(iii) and (a)(3) remove the phrase ``located

within a small or large municipal waste combustor plant'';

c. Remove and reserve paragraphs (a)(1)(ii), (a)(2)(ii),

(a)(2)(iv), (b)(1)(ii), (b)(2)(ii), and (c)(2);

d. In paragraph (d) introductory text remove the phrase ``located

within large municipal waste combustor plants'';

e. In table 1, referenced in paragraph (d) introductory text,

remove the phrase ``AT LARGE MUNICIPAL WASTE COMBUSTOR PLANTS'' from

the title; remove the mass burn waterwall nitrogen oxides emission

limit of ``200'' and add, in its place, the emission limit of ``205'';

remove the last line of the table ``Other b 200''; and

remove the footnote `` b Excludes mass burn refractory

municipal waste combustors.'';

f. In paragraph (d)(1)(i) remove the phrase ``An owner or operator

of a large

[[Page 45120]]

municipal'' and add, in its place, the phrase ``The owner or operator

of a municipal'';

g. In table 2, referenced in paragraph (d)(1)(iii), remove the

title ``NITROGEN OXIDES LIMITS FOR EXISTING DESIGNATED FACILITIES

INCLUDED IN AN EMISSIONS AVERAGING PLAN AT LARGE MUNICIPAL WASTE

COMBUSTOR PLANTS'' and add, in its place, the title ``NITROGEN OXIDES

LIMITS FOR EXISTING DESIGNATED FACILITIES INCLUDED IN AN EMISSIONS

AVERAGING PLAN AT A MUNICIPAL WASTE COMBUSTOR PLANT a '';

remove the mass burn waterwall nitrogen oxides emission limit of

``180'' and add, in its place, the emission limit of ``185''; remove

the superscript `` a '' from the end of the heading of the

second column and add, in its place, the superscript `` b

''; remove the line ``Other b 180'' from the table; remove

footnote b; redesignate footnote `` a '' as ``b

'' ; and add the footnote `` a mass burn refractory

municipal waste combustors and other MWC technologies not listed above

may not be included in an emissions averaging plan.''; and

h. Revise paragraph (d)(1)(i)(B), and add paragraphs (a)(4),

(b)(3), and (d)(3) to read as follows:

Sec. 60.33b Emission guidelines for municipal waste combustor metals,

acid gases, organics, and nitrogen oxides.

(a) * * *

(4) For approval, a State plan shall be submitted by August 25,

1998 and shall include an emission limit for lead at least as

protective as the emission limit for lead specified in this paragraph.

The emission limit for lead contained in the gases discharged to the

atmosphere from a designated facility is 0.44 milligrams per dry

standard cubic meter, corrected to 7 percent oxygen.

(b) * * *

(3) For approval, a State plan shall be submitted by August 25,

1998 and shall include emission limits for sulfur dioxide and hydrogen

chloride at least as protective as the emission limits specified in

paragraphs (b)(3)(i) and (b)(3)(ii) of this section.

(i) The emission limit for sulfur dioxide contained in the gases

discharged to the atmosphere from a designated facility is 29 parts per

million by volume or 25 percent of the potential sulfur dioxide

emission concentration (75-percent reduction by weight or volume),

corrected to 7 percent oxygen (dry basis), whichever is less stringent.

Compliance with this emission limit is based on a 24-hour daily

geometric mean.

(ii) The emission limit for hydrogen chloride contained in the

gases discharged to the atmosphere from a designated facility is 29

parts per million by volume or 5 percent of the potential hydrogen

chloride emission concentration (95-percent reduction by weight or

volume), corrected to 7 percent oxygen (dry basis), whichever is less

stringent.

* * * * *

(d) * * *

(1) * * *

(i) * * *

(B) Mass burn refractory municipal waste combustor units and other

municipal waste combustor technologies not listed in paragraph

(d)(1)(iii) of this section may not be included in the emissions

averaging plan.

* * * * *

(3) For approval, a State plan shall be submitted by August 25,

1998 and shall include emission limits for nitrogen oxides from

fluidized bed combustors at least as protective as the emission limits

listed in paragraphs (d)(3)(i) and (d)(3)(ii) of this section.

(i) The emission limit for nitrogen oxides contained in the gases

discharged to the atmosphere from a designated facility that is a

fluidized bed combustor is 180 parts per million by volume, corrected

to 7 percent oxygen.

(ii) If a State plan allows nitrogen oxides emissions averaging as

specified in paragraphs (d)(1)(i) through (d)(1)(v) of this section,

the emission limit for nitrogen oxides contained in the gases

discharged to the atmosphere from a designated facility that is a

fluidized bed combustor is 165 parts per million by volume, corrected

to 7 percent oxygen.

Sec. 60.34b [Amended]

6. In Sec. 60.34b(a) remove the phrase ``located within a small or

large municipal waste combustor plant''.

Sec. 60.35b [Amended]

7. In Sec. 60.35b remove the phrase ``located within small or large

municipal waste combustor plants''.

Sec. 60.38b [Amended]

8. In Sec. 60.38b remove the phrase ``at large municipal waste

combustor plants'' from paragraph (b), and remove and reserve paragraph

(c).

9. Amend Sec. 60.39b as follows:

a. In paragraphs (c)(1) introductory text and (c)(4)(ii) remove the

phrase ``located within large municipal waste combustor plants'';

b. In paragraph (c)(2) remove the phrase ``located within a large

municipal waste combustor plant'';

c. Remove and reserve paragraphs (c)(3) and (c)(4)(i);

d. In paragraph (c)(4)(iii) introductory text remove the phrase

``located within small or large municipal waste combustor plants'';

e. In paragraph (c)(5) remove the phrase ``that are located within

a large municipal waste combustor plant''; and

f. Revise the first sentence of paragraph (b), revise paragraph

(d), and add paragraphs (e) and (f) to read as follows:

Sec. 60.39b Reporting and recordkeeping guidelines and compliance

schedules.

* * * * *

(b) Not later than December 19, 1996, each State in which a

designated facility is located shall submit to the EPA Administrator a

plan to implement and enforce all provisions of this subpart except

those specified under Sec. 60.33b (a)(4), (b)(3), and (d)(3). * * *

* * * * *

(d) In the event no plan for implementing the emission guidelines

is approved by EPA, all designated facilities meeting the applicability

requirements under Sec. 60.32b shall be in compliance with all of the

guidelines, except those specified under Sec. 60.33b (a)(4), (b)(3),

and (d)(3), no later than December 19, 2000.

(e) Not later than August 25, 1998, each State in which a

designated facility is operating shall submit to the EPA Administrator

a plan to implement and enforce all provisions of this subpart

specified in Sec. 60.33b (a)(4), (b)(3), and (d)(3).

(f) In the event no plan for implementing the emission guidelines

is approved by EPA, all designated facilities meeting the applicability

requirements under Sec. 60.32b shall be in compliance with all of the

guidelines, including those specified under Sec. 60.33b (a)(4), (b)(3),

and (d)(3), no later than August 26, 2002.

10. Revise the heading for subpart Eb to read as follows:

Subpart Eb--Standards of Performance for Large Municipal Waste

Combustors for Which Construction Is Commenced After September 20,

1994 or for Which Modification or Reconstruction Is Commenced After

June 19, 1996

11. Amend Sec. 60.50b as follows:

a. In paragraph (b)(2) remove the words ``10 megagrams'' and add,

in their place, the words ``11 tons'';

b. Revise paragraphs (a) and (b) introductory text, and add

paragraph (p) to read as follows:

[[Page 45121]]

Sec. 60.50b Applicability and delegation of authority.

(a) The affected facility to which this subpart applies is each

municipal waste combustor unit with a combustion capacity greater than

250 tons per day of municipal solid waste for which construction is

commenced after September 20, 1994 or for which modification or

reconstruction is commenced after June 19, 1996.

(b) Any waste combustion unit that is capable of combusting more

than 250 tons per day of municipal solid waste and is subject to a

federally enforceable permit limiting the maximum amount of municipal

solid waste that may be combusted in the unit to less than or equal to

11 tons per day is not subject to this subpart if the owner or

operator:

* * * * *

(p) Cement kilns firing municipal solid waste are not subject to

this subpart.

12. Amend Sec. 60.51b to revise paragraph (1) of the ``Municipal

waste combustor, MWC, or municipal waste combustor unit'' definition

and to revise the ``Municipal waste combustor plant'' definition to

read as follows:

Sec. 60.51b Definitions.

* * * * *

Municipal waste combustor, MWC, or municipal waste combustor unit:

(1) Means any setting or equipment that combusts solid, liquid, or

gasified municipal solid waste 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 a plastics/rubber recycling unit

(as specified in Sec. 60.50b(m)). Municipal waste combustors do not

include cement kilns firing municipal solid waste (as specified in

Sec. 60.50b(p)). 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.

* * * * *

Municipal waste combustor plant means one or more affected

facilities (as defined in Sec. 60.50b) at the same location.

* * * * *

13. In Sec. 60.52b(c)(1) revise the first sentence to read as

follows:

Sec. 60.52b Standards for municipal waste combustor metals, acid

gases, organics, and nitrogen oxides.

* * * * *

(c) * * *

(1) On and after the date on which the initial performance test is

completed or is required to be completed under Sec. 60.8 of subpart A

of this part, no owner or operator of an affected facility for which

construction, modification or reconstruction commences on or before

November 20, 1997 shall cause to be discharged into the atmosphere from

that affected facility any gases that contain dioxin/furan emissions

that exceed 30 nanograms per dry standard cubic meter (total mass),

corrected to 7 percent oxygen, for the first 3 years following the date

of initial startup. * * *

* * * * *

Sec. 60.59b [Amended]

14. In Sec. 60.59b paragraphs (a) introductory text and (b)

introductory text remove the phrase ``located at a municipal waste

combustor plant'', and remove the words ``35 megagrams'' and add, in

their place, the words ``250 tons''.

[FR Doc. 97-22369 Filed 8-22-97; 8:45 am]

BILLING CODE 6560-50-P