National Emission Standards for Hazardous Air Pollutants; Notice of Reconsideration, 15266-15267 [2011-4490]

Download as PDF 15266 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Proposed Rules (ii) * * * (a) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential published at Table A–1 to subpart A of part 98 of this chapter— Global Warming Potentials. For purposes of this paragraph (b)(48)(ii)(a), prior to [DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE FINAL DEFERRAL RULE], the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material). * * * * * PART 52—[AMENDED] 3. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. Subpart A—[Amended] 4. Section 52.21 is amended by revising paragraph (b)(49)(ii)(a) to read as follows: § 52.21 Prevention of significant deterioration of air quality. mstockstill on DSKH9S0YB1PROD with PROPOSALS * * * * * (b) * * * (49) * * * (ii) * * * (a) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential published at Table A–1 to subpart A of part 98 of this chapter— Global Warming Potentials. For purposes of this paragraph, prior to [DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE FINAL DEFERRAL RULE], the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of VerDate Mar<15>2010 16:12 Mar 18, 2011 Jkt 223001 industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material). * * * * * PART 70—[AMENDED] 5. The authority citation for part 70 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. 6. Section 70.2 is amended by revising paragraph (2) of the definition of ‘‘Subject to regulation’’ to read as follows: § 70.2 Definitions. * * * * * Subject to regulation * * * (2) The term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed by multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential published at Table A–1 to subpart A of part 98 of this chapter—Global Warming Potentials, and summing the resultant value for each to compute a tpy CO2e. For purposes of this paragraph, prior to [DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE FINAL DEFERRAL RULE], the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material). * * * * * PART 71—[AMENDED] 7. The authority citation for part 51 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. Subpart A—[Amended] 8. Section 71.2 is amended by revising paragraph (2) of the definition of ‘‘Subject to regulation’’ to read as follows: § 71.2 * PO 00000 Definitions. * * Frm 00043 * Fmt 4702 * Sfmt 4702 Subject to regulation * * * (2) The term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed by multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential published at Table A–1 to subpart A of part 98 of this chapter—Global Warming Potentials, and summing the resultant value for each to compute a tpy CO2e. For purposes of this paragraph, prior to [DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE FINAL DEFERRAL RULE], the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material). * * * * * [FR Doc. 2011–6438 Filed 3–18–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60 and 63 [EPA–HQ–OAR–2002–0058; EPA–HQ–OAR– 2006–0790; EPA–HQ–OAR–2003–0119; FRL–9272–7] RIN 2060–AQ25; RIN 2060–AM44; RIN 2060– AO12 National Emission Standards for Hazardous Air Pollutants; Notice of Reconsideration Environmental Protection Agency (EPA). ACTION: Notice of reconsideration of final rules. AGENCY: EPA is initiating a reconsideration process with respect to certain aspects of the national emission standards for hazardous air pollutants (NESHAP) for new and existing sources for Major Source Industrial, Commercial, and Institutional Boilers and Process Heaters; the NESHAP for new and existing sources for Area Source Industrial, Commercial, and Institutional Boilers; and standards of performance for new Commercial and SUMMARY: E:\FR\FM\21MRP1.SGM 21MRP1 Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Proposed Rules Industrial Solid Waste Incineration Units and emission guidelines for existing Commercial and Industrial Solid Waste Incineration Units published as final rules elsewhere in this issue of this Federal Register. FOR FURTHER INFORMATION CONTACT: National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters: Mr. Brian Shrager, Energy Strategies Group, Sector Policies and Programs Division, (D243–01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; Telephone number: (919) 541– 7689; Fax number (919) 541–5450; Email address: shrager.brian@epa.gov. National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers: Mr. Jim Eddinger, Energy Strategies Group, Sector Policies and Programs Division, (D243–01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541–5426; Fax number (919) 541–5450; e-mail address: eddinger.jim@epa.gov. Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration (CISWI) Units: Ms. Toni Jones, Natural Resource and Commerce Group, Sector Policies and Programs Division (E143–03), Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541–0316; fax number: (919) 541–3470; e-mail address: jones.toni@epa.gov. SUPPLEMENTARY INFORMATION: mstockstill on DSKH9S0YB1PROD with PROPOSALS I. General Information A. Reconsideration of the Emissions Standards for Major Boilers and Process Heaters, Area Source Boilers, and Commercial and Industrial Solid Waste Incinerators In separate final rules documents published elsewhere in today’s Federal Register, EPA is issuing emissions standards for new and existing sources in the following source categories: Major source boilers and process heaters, area source boilers, and commercial and industrial solid waste incinerators. In this notice, we are convening a proceeding for reconsideration of certain portions of these emissions standards. The Agency is in the process of developing a proposed reconsideration notice that identifies the VerDate Mar<15>2010 16:12 Mar 18, 2011 Jkt 223001 specific elements of the rules for which we believe further public comment is appropriate and any provisions that we propose to modify after more fully evaluating the data and comments already received. At that time, we may also seek public comment on other aspects of the portions of the rules we decide to reconsider in addition to other provisions in these rules. We will also evaluate any petitions submitted to the Agency by members of the public requesting that the Agency reconsider any aspects of these rules. We intend to consider for inclusion in any forthcoming proposed reconsideration notice all additional issues for which we determine that reconsideration is appropriate. We recognize that certain issues of central relevance to these rules arose after the period for public comment or may have been impracticable to comment upon. Therefore, we believe that reconsideration is appropriate under section 307(d)(7)(B) of the Clean Air Act. While we have taken final action on the rules identified above, and believe that the final rules reflect reasonable approaches consistent with the requirements of the Clean Air Act, some of the issues identified in the comments raise difficult technical issues that we believe may benefit from additional public involvement. Therefore, we are initiating reconsideration of a number of issues in the major and area sources boilers rules, and the commercial and industrial solid waste incineration rule. The following issues concern provisions in the final rules that are appropriate and consistent with the requirements of the Act, but for which we believe reconsideration and additional opportunity for public review and comment should be obtained: • Revisions to the proposed subcategories in the major source boilers rule. • Establishment of a fuel specification in the major source boilers rule through which gas-fired boilers that use a fuel other than natural gas may be considered Gas 1 units. • Establishing work practice standards for limited use major source boilers. • Establishment of standards for biomass and oil-fired area source boilers based on generally available control technology. • Revision of the proposed subcategory for energy recovery units for CISWI units. • Establishment of limitations on fuel switching provisions for CISWI units. • Revision to the proposed definition of CISWI to exclude cyclonic burn barrels. PO 00000 Frm 00044 Fmt 4702 Sfmt 9990 15267 • Providing an affirmative defense for malfunction events for major and area source boilers and for CISWI units. The following additional issues concern actions taken in the final rules for which we believe reconsideration under section 307(d) and, potentially, further revisions may be warranted because they involve issues of central relevance that arose after the period for public comment or may have been impracticable to comment upon: • Revisions to the proposed monitoring requirements for carbon monoxide for major source boilers and for CISWI units. • Revisions to the proposed dioxin emission limit and testing requirement for major source boilers. • Establishing a full-load stack test requirement for carbon monoxide coupled with continuous oxygen monitoring for major source boilers and CISWI units. • Establishing a definition of ‘‘homogenous waste’’ in the CISWI rule. • Setting PM standards under generally available control technology for oil-fired area source boilers. • Certain findings regarding the applicability of Title V permitting requirements for area source boilers. Additional information concerning issues and concerns presented by commenters can be found in the dockets accompanying each of the rules under reconsideration in today’s notice. List of Subjects 40 CFR Part 60 Environmental protection, Air pollution control, Hazardous substances, Reporting and recordkeeping requirements. 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, Reporting and recordkeeping requirements. Dated: February 21, 2011. Lisa P. Jackson, Administrator. [FR Doc. 2011–4490 Filed 3–18–11; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\21MRP1.SGM 21MRP1

Agencies

[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Proposed Rules]
[Pages 15266-15267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4490]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2002-0058; EPA-HQ-OAR-2006-0790; EPA-HQ-OAR-2003-0119; FRL-
9272-7]
RIN 2060-AQ25; RIN 2060-AM44; RIN 2060-AO12


National Emission Standards for Hazardous Air Pollutants; Notice 
of Reconsideration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of reconsideration of final rules.

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

SUMMARY: EPA is initiating a reconsideration process with respect to 
certain aspects of the national emission standards for hazardous air 
pollutants (NESHAP) for new and existing sources for Major Source 
Industrial, Commercial, and Institutional Boilers and Process Heaters; 
the NESHAP for new and existing sources for Area Source Industrial, 
Commercial, and Institutional Boilers; and standards of performance for 
new Commercial and

[[Page 15267]]

Industrial Solid Waste Incineration Units and emission guidelines for 
existing Commercial and Industrial Solid Waste Incineration Units 
published as final rules elsewhere in this issue of this Federal 
Register.

FOR FURTHER INFORMATION CONTACT: National Emission Standards for 
Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and 
Institutional Boilers and Process Heaters: Mr. Brian Shrager, Energy 
Strategies Group, Sector Policies and Programs Division, (D243-01), 
Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
Telephone number: (919) 541-7689; Fax number (919) 541-5450; E-mail 
address: shrager.brian@epa.gov.
    National Emission Standards for Hazardous Air Pollutants for Area 
Sources: Industrial, Commercial, and Institutional Boilers: Mr. Jim 
Eddinger, Energy Strategies Group, Sector Policies and Programs 
Division, (D243-01), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-5426; Fax number (919) 541-5450; e-
mail address: eddinger.jim@epa.gov.
    Standards of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources: Commercial and Industrial Solid Waste 
Incineration (CISWI) Units: Ms. Toni Jones, Natural Resource and 
Commerce Group, Sector Policies and Programs Division (E143-03), 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-0316; fax number: (919) 541-3470; e-
mail address: jones.toni@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Reconsideration of the Emissions Standards for Major Boilers and 
Process Heaters, Area Source Boilers, and Commercial and Industrial 
Solid Waste Incinerators

    In separate final rules documents published elsewhere in today's 
Federal Register, EPA is issuing emissions standards for new and 
existing sources in the following source categories: Major source 
boilers and process heaters, area source boilers, and commercial and 
industrial solid waste incinerators. In this notice, we are convening a 
proceeding for reconsideration of certain portions of these emissions 
standards. The Agency is in the process of developing a proposed 
reconsideration notice that identifies the specific elements of the 
rules for which we believe further public comment is appropriate and 
any provisions that we propose to modify after more fully evaluating 
the data and comments already received. At that time, we may also seek 
public comment on other aspects of the portions of the rules we decide 
to reconsider in addition to other provisions in these rules. We will 
also evaluate any petitions submitted to the Agency by members of the 
public requesting that the Agency reconsider any aspects of these 
rules. We intend to consider for inclusion in any forthcoming proposed 
reconsideration notice all additional issues for which we determine 
that reconsideration is appropriate.
    We recognize that certain issues of central relevance to these 
rules arose after the period for public comment or may have been 
impracticable to comment upon. Therefore, we believe that 
reconsideration is appropriate under section 307(d)(7)(B) of the Clean 
Air Act. While we have taken final action on the rules identified 
above, and believe that the final rules reflect reasonable approaches 
consistent with the requirements of the Clean Air Act, some of the 
issues identified in the comments raise difficult technical issues that 
we believe may benefit from additional public involvement.
    Therefore, we are initiating reconsideration of a number of issues 
in the major and area sources boilers rules, and the commercial and 
industrial solid waste incineration rule. The following issues concern 
provisions in the final rules that are appropriate and consistent with 
the requirements of the Act, but for which we believe reconsideration 
and additional opportunity for public review and comment should be 
obtained:
     Revisions to the proposed subcategories in the major 
source boilers rule.
     Establishment of a fuel specification in the major source 
boilers rule through which gas-fired boilers that use a fuel other than 
natural gas may be considered Gas 1 units.
     Establishing work practice standards for limited use major 
source boilers.
     Establishment of standards for biomass and oil-fired area 
source boilers based on generally available control technology.
     Revision of the proposed subcategory for energy recovery 
units for CISWI units.
     Establishment of limitations on fuel switching provisions 
for CISWI units.
     Revision to the proposed definition of CISWI to exclude 
cyclonic burn barrels.
     Providing an affirmative defense for malfunction events 
for major and area source boilers and for CISWI units.
    The following additional issues concern actions taken in the final 
rules for which we believe reconsideration under section 307(d) and, 
potentially, further revisions may be warranted because they involve 
issues of central relevance that arose after the period for public 
comment or may have been impracticable to comment upon:
     Revisions to the proposed monitoring requirements for 
carbon monoxide for major source boilers and for CISWI units.
     Revisions to the proposed dioxin emission limit and 
testing requirement for major source boilers.
     Establishing a full-load stack test requirement for carbon 
monoxide coupled with continuous oxygen monitoring for major source 
boilers and CISWI units.
     Establishing a definition of ``homogenous waste'' in the 
CISWI rule.
     Setting PM standards under generally available control 
technology for oil-fired area source boilers.
     Certain findings regarding the applicability of Title V 
permitting requirements for area source boilers.
    Additional information concerning issues and concerns presented by 
commenters can be found in the dockets accompanying each of the rules 
under reconsideration in today's notice.

List of Subjects

40 CFR Part 60

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: February 21, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011-4490 Filed 3-18-11; 8:45 am]
BILLING CODE 6560-50-P
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