Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators, 18407-18415 [2011-7899]
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[FR Doc. 2011–7807 Filed 4–1–11; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2006–0534; FRL–9289–6]
RIN 2060–AQ24
Standards of Performance for New
Stationary Sources and Emissions
Guidelines for Existing Sources:
Hospital/Medical/Infectious Waste
Incinerators
Environmental Protection
Agency (EPA).
ACTION: Final rule; amendments.
AGENCY:
On October 6, 2009, EPA
promulgated its response to the remand
of the new source performance
standards and emissions guidelines for
hospital/medical/infectious waste
incinerators by the U.S. Court of
Appeals for the District of Columbia
Circuit and satisfied the Clean Air Act
section 129(a)(5) requirement to conduct
SUMMARY:
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a review of the standards every 5 years.
This action promulgates amendments to
the new source performance standards
and emissions guidelines, correcting
inadvertent drafting errors in the
nitrogen oxides and sulfur dioxide
emissions limits for large hospital/
medical/infectious waste incinerators in
the new source performance standards,
which did not correspond to our
description of our standard-setting
process, correcting erroneous crossreferences in the reporting and
recordkeeping requirements in the new
source performance standards,
clarifying that compliance with the
emission guidelines must be
expeditious if a compliance extension is
granted, correcting the inadvertent
omission of delegation of authority
provisions in the emission guidelines,
correcting errors in the units’
description for several emissions limits
in the emission guidelines and new
source performance standards, and
removing extraneous text from the
hydrogen chloride emissions limit for
large hospital/medical/infectious waste
incinerators in the emission guidelines.
DATES: This rule is effective as of May
4, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–HQ–OAR–2006–0534 and
Legacy Docket ID Number A–91–61. All
documents in the docket are listed in
the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
or other information which disclosure is
Category
State/local/tribal Government ...
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I. General Information
A. Does the final action apply to me?
B. Where can I get a copy of this
document?
C. Judicial Review
II. Background
III. Summary of the Final Amendments
A. Nitrogen Oxides Emissions Limit
B. Sulfur Dioxide Emissions Limit
C. Reporting and Recordkeeping
Requirements
A. Does the final action apply to me?
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by the final action. To
determine whether your facility would
be affected by the final action, you
should examine the applicability
criteria in 40 CFR 60.50c of subpart Ec.
If you have any questions regarding the
applicability of the final action to a
particular entity, contact the person
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A red-line version of the regulatory
language that incorporates the changes
in this action is available in the docket.
I. General Information
Regulated Entities. Categories and
entities potentially affected by the final
action are those which operate hospital/
medical/infectious waste incinerators
(HMIWI). The new source performance
standards (NSPS) and emissions
guidelines (EG) for HMIWI affect the
following categories of sources:
Examples of potentially regulated entities
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D. Expeditious Compliance
E. Delegation of Authority Provisions
F. Units Descriptions of Emissions Limits
G. Extraneous Text
IV. Impacts of the Final Action
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
NAICS code
Industry .....................................
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restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy form. Publicly available docket
materials are available either
electronically at https://
www.regulations.gov or in hard copy at
the EPA Docket Center EPA/DC, EPA
West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC 20460. The
Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the EPA
Docket Center is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Hambrick, Fuels and Incineration
Group, Sector Policies and Programs
Division (E143–03), Environmental
Protection Agency, Research Triangle
Park, North Carolina 27711; telephone
number: (919) 541–0964; facsimile
number: (919) 541–3470; e-mail address:
hambrick.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The
following outline is provided to aid in
locating information in this preamble.
Private hospitals, other health care facilities, commercial research laboratories, commercial
waste disposal companies, private universities.
Federal hospitals, other health care facilities, public health service, armed services.
State/local hospitals, other health care facilities, state/local waste disposal services, state universities.
B. Where can I get a copy of this
document?
In addition to being available in the
docket, an electronic copy of the final
action is available on the Worldwide
Web through the Technology Transfer
Network Web site (TTN Web).
Following signature, EPA posted a copy
of the final action on the TTN’s policy
and guidance page for newly proposed
or promulgated rules at https://
www.epa.gov/ttn/oarpg. The TTN Web
provides information and technology
exchange in various areas of air
pollution control.
C. Judicial Review
listed in the preceding FOR FURTHER
section.
INFORMATION CONTACT
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Under section 307(b)(1) of the Clean
Air Act (CAA or Act), judicial review of
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this final rule is available only by filing
a petition for review in the U.S. Court
of Appeals for the District of Columbia
Circuit (the Court) by June 3, 2011.
Under section 307(d)(7)(B) of the CAA,
only an objection to this final rule that
was raised with reasonable specificity
during the period for public comment
can be raised during judicial review.
Section 307(d)(7)(B) of the CAA also
provides a mechanism for EPA to
convene a proceeding for
reconsideration, ‘‘[i]f the person raising
an objection can demonstrate to EPA
that it was impracticable to raise such
objection within [the period for public
comment] or if the grounds for such
objection arose after the period for
public comment (but within the time
specified for judicial review) and if such
objection is of central relevance to the
outcome of the rule.’’ Any person
seeking to make such a demonstration to
us should submit a Petition for
Reconsideration to the Office of the
Administrator, Environmental
Protection Agency, Room 3000, Ariel
Rios Building, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460, with a
copy to the person listed in the
preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate
General Counsel for the Air and
Radiation Law Office, Office of General
Counsel (Mail Code 2344A),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20004. Moreover, under section
307(b)(2) of the CAA, the requirements
established by this final rule may not be
challenged separately in any civil or
criminal proceedings brought by EPA to
enforce these requirements.
II. Background
On September 15, 1997, EPA adopted
NSPS (40 CFR part 60, subpart Ec) and
EG (40 CFR part 60, subpart Ce) for
HMIWI under the authority of sections
111 and 129 of the CAA. Emissions
standards were adopted for the nine
pollutants required to be regulated
under CAA section 129—particulate
matter (PM), lead (Pb), cadmium (Cd),
mercury (Hg), chlorinated dibenzo-pdioxins/dibenzofurans, carbon
monoxide, nitrogen oxides (NOX),
hydrogen chloride (HCl), and sulfur
dioxide (SO2). The EPA developed
emissions limits for all nine pollutants
for three HMIWI size subcategories
(large, medium, and small) for the NSPS
and four HMIWI size subcategories
(large, medium, small, and small rural)
for the EG.
On March 2, 1999, the Court in Sierra
Club v. EPA, 167 F.3d 658 (DC Cir.
1999) remanded the rule to EPA for
further explanation regarding how EPA
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derived the maximum achievable
control technology floors for new and
existing HMIWI. The Court did not
vacate the regulations, and the
regulations remained in effect during
the remand.
On October 6, 2009, EPA promulgated
its response to the Court’s remand of the
HMIWI regulations and also satisfied its
requirement under CAA section
129(a)(5) to conduct a 5-year review of
the HMIWI standards. The promulgated
rule revised the NSPS and EG emissions
limits for all nine of the CAA section
129 pollutants.
Following promulgation of the revised
emissions limits, an industry
representative informed EPA of an error
in the published NSPS emissions limit
for NOX for large HMIWI, which did not
appear to reflect EPA’s described
analytical process for adopting the
revised standards. On review, EPA staff
determined that the published revised
NOX NSPS for large HMIWI indeed did
not reflect EPA’s intent in the final rule.
EPA reviewed the other published NSPS
and EG emissions limits for similar
errors, and determined that the
published revised SO2 NSPS for large
HMIWI also did not reflect EPA’s intent
in the final rule. Also after
promulgation, a state agency
representative informed EPA of an error
in the published NSPS reporting and
recordkeeping requirements, which
incorrectly referred to § 60.56, instead of
§ 60.56c, in three separate paragraphs.
To correct these errors, EPA issued
proposed amendments on May 14, 2010,
to the NSPS emissions limits for NOX
and SO2 for large HMIWI and the NSPS
reporting and recordkeeping provisions
that have the incorrect cross-reference
(75 FR 27249 (May 14, 2010)). EPA
provided a public comment period that
closed on June 28, 2010. No public
comments were received on the
proposed amendments during that
period. Consequently, today’s final
action promulgates the amendments as
proposed, for the reasons explained in
the proposal.
Just prior to proposal of the May 14,
2010, amendments (but too late to be
addressed in the proposed rule), EPA
staff discovered that the HMIWI rule
should be revised to clarify that
compliance with the EG must be
expeditious if a compliance extension is
granted. After proposal of the May 14,
2010, amendments, EPA staff also noted
that delegation of authority provisions
had been inadvertently omitted from the
EG for existing HMIWI. A state agency
later informed EPA of an error in the
units’ description for the Cd and Hg
emissions limits in Table 1B to subpart
Ec (NSPS). EPA reviewed the other
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emissions limits tables in the NSPS and
EG and found similar errors in the units
descriptions for other emissions limits.
To address these errors and omissions,
EPA is issuing additional amendments
to the NSPS and EG, to be effective
upon the effective date of this final rule
specified above.
III. Summary of the Final Amendments
A. Nitrogen Oxides Emissions Limit
EPA received no public comments
regarding its proposed amendment to
the NOX NSPS limit for new large
HMIWI. For the reasons explained in
the proposed rule (see 75 FR at 27251/
col. 2–27252/col. 1), today’s final action
amends the HMIWI NSPS to include the
correct NOX NSPS limit of 140 parts per
million by volume (ppmv) for new large
HMIWI, which matches the final NOX
EG limit and reflects EPA’s intent in the
October 6, 2009, final rule.
B. Sulfur Dioxide Emissions Limit
EPA also received no public
comments on its proposed amendment
to the SO2 NSPS for new large HMIWI.
For the reasons explained in the
proposed rule (see 75 FR at 27252/cols.
1–2), this final action amends the
HMIWI NSPS to include the correct SO2
limit of 8.1 ppmv for new large HMIWI,
which reflects EPA’s intent in the
October 6, 2009, final rule.
C. Reporting and Recordkeeping
Requirements
The NSPS reporting and
recordkeeping requirements of the
October 6, 2009, final rule include three
separate cross-references to ‘‘§ 60.56(d),
(h), or (j).’’ The correct cross-reference in
each case should have been ‘‘§ 60.56c(d),
(h), or (j),’’ consistent with the section
numbering format for NSPS subpart Ec.
EPA received no public comments on its
proposed correction to the crossreferences. This final action amends the
HMIWI NSPS to correctly crossreference to sections 60.56c(d), (h), or
(j).
D. Expeditious Compliance
Section 129(f)(2) of the CAA states
that performance standards and other
requirements promulgated pursuant to
this section and Section 111 and
applicable to existing solid waste
incineration units shall be effective as
expeditiously as practicable after
approval of a State plan under
subsection (b)(2) (or promulgation of a
plan by the Administrator under
subsection (b)(3)) but in no event later
than 3 years after the State plan is
approved or 5 years after the date such
standards or requirements are
promulgated, whichever is earlier.
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Just prior to proposal of the May 14,
2010, amendments (but too late to be
addressed in the proposed rule), EPA
staff discovered that paragraph (d)(3) of
§ 60.39e (compliance times) should be
revised to clarify that compliance with
the guidelines must be expeditious if a
compliance extension is granted. We are
amending the HMIWI EG to include this
clarifying language. Specifically, we are
adding the word ‘‘expeditious’’ to
§ 60.39e(d)(3) to state that if an
extension is granted, require
expeditious compliance with the
emissions guidelines on or before the
date 3 years after EPA approval of the
State plan (but not later than September
16, 2002), for the emissions guidelines
as promulgated on September 15, 1997,
and on or before the date 3 years after
EPA approval of an amended State plan
(but not later than October 6, 2014), for
the emissions guidelines as amended on
October 6, 2009.
This action will ensure that
compliance with the EG will be
‘‘expeditious,’’ consistent with the
requirements of CAA section 129(f)(2).
E. Delegation of Authority Provisions
Provisions regarding delegation of
implementation and enforcement
authorities are already present in the
NSPS for new HMIWI. The NSPS
delegation of authority provisions in the
October 6, 2009, final rule specify that
the following authorities are to be
retained by the Administrator and not
transferred to a state:
• The requirements of § 60.56c(i)
establishing operating parameters when
using controls other than those listed in
§ 60.56c(d).
• Approval of alternative methods of
demonstrating compliance under § 60.8
including:
Æ Approval of continuous emissions
monitoring system (CEMS) for PM, HCl,
multi-metals, and Hg where used for
purposes of demonstrating compliance,
Æ Approval of continuous automated
sampling systems for dioxin/furan and
Hg where used for purposes of
demonstrating compliance, and
Æ Approval of major alternatives to
test methods;
• Approval of major alternatives to
monitoring;
• Waiver of recordkeeping
requirements; and
• Performance test and data reduction
waivers under § 60.8(b).
Following the May 14, 2010, proposal
of amendments to the October 6, 2009,
final rule, EPA staff discovered that
delegation of authority provisions had
been inadvertently omitted from the EG.
We are amending the HMIWI EG to
include these delegations of authority
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provisions. Specifically, we are adding
a paragraph to § 60.32e of the EG stating
that the authorities listed under
§ 60.50c(i) of the NSPS are to be
retained by the Administrator and not
be transferred to a state. This action will
ensure consistency between the NSPS
and EG regarding the implementation
and enforcement authorities and avoid
any confusion about which authorities
can be delegated and exercised by the
states and which authorities must be
retained by EPA.
F. Units Descriptions of Emissions
Limits
EPA was informed by a state agency
post-proposal that the units’ description
for the Cd and Hg emissions limits in
Table 1B to subpart Ec (NSPS) included
both the concentration units and the
not-promulgated percent reduction
alternative. Table 1B to subpart Ec
includes the amended emissions limits
for new HMIWI in the October 6, 2009,
final rule, which appropriately do not
include a not-promulgated percent
reduction alternative.
We are amending Table 1B to subpart
Ec effective immediately to remove the
units’ description for the notpromulgated percent reduction
alternative and avoid any confusion
regarding the elimination of the percent
reduction alternative for new HMIWI in
the October 6, 2009, final rule.
EPA found similar errors after
reviewing the other emissions limits
tables in the NSPS and EG. First, the
October 6, 2009, amendments to Table
1A to subpart Ce (EG) mistakenly
removed the units’ description for the
previously promulgated percent
reduction alternative for HCl, Pb, Cd,
and Hg. Table 1A to subpart Ce includes
the emissions limits from the September
15, 1997, EG, including the percent
reduction alternative, to which existing
HMIWI are subject until revised or new
state plans are issued based on the
October 6, 2009, amendments (which do
not include the percent reduction
alternative).
Second, the October 6, 2009,
amendments to Table 1A to subpart Ec
(NSPS) mistakenly removed the units’
description for the previously
promulgated percent reduction
alternative for HCl and Pb. Table 1A to
subpart Ec includes the emissions limits
from the September 15, 1997, NSPS,
including the percent reduction
alternative. Those emissions limits
apply to HMIWI that commenced
construction after June 20, 1996, but no
later than December 1, 2008, or
commenced modification after March
16, 1998, but no later than April 6, 2010,
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except where the emissions limits in the
amended EG are more stringent.
We are amending Table 1A to subpart
Ce and Table 1A to subpart Ec to restore
the units’ description for the percent
reduction alternative for these
pollutants and avoid any confusion
regarding the use of a percent reduction
alternative for existing and new HMIWI
under the original September 15, 1997,
rule.
G. Extraneous Text
In the course of reviewing the unit’s
descriptions of the emissions limits, we
discovered that some extraneous text
had been included with the HCl NSPS
limit for new large HMIWI in Table 1A
to subpart Ec. (As noted previously,
Table 1A to subpart Ec includes the
emissions limits from the September 15,
1997, NSPS.) We are amending Table
1A to subpart Ec to remove the
extraneous text and thereby avoid any
confusion regarding the HCl NSPS limit
for new large HMIWI in Table 1A to
subpart Ec.
IV. Impacts of the Final Action
Based on the stringency of the HMIWI
standards promulgated on October 6,
2009, sources would likely respond to
the HMIWI rule by choosing not to
construct new HMIWI and would use
alternative waste disposal options rather
than incur the costs of compliance.
Considering this information, we do not
anticipate any new HMIWI, and,
therefore, no costs or impacts are
associated with the final NSPS
amendments for NOX and SO2 for new
large units.
However, in the unlikely event that a
new unit is constructed, we estimated
costs and impacts expected for each of
three HMIWI model plants (large,
medium, and small), which we entered
into the docket for the October 6, 2009,
promulgation. (See 2009 memoranda
entitled ‘‘Revised Compliance Costs and
Economic Inputs for New HMIWI’’ and
‘‘Revised Baseline Emissions and
Emissions Reductions for Existing and
New HMIWI,’’ which are included in the
docket.) We estimated baseline NOX
emissions of 80 ppmv and baseline SO2
emissions of 0.84 ppmv for the large
HMIWI model plant, based on the
average NOX and SO2 emissions
measured at the latest large HMIWI to be
installed since the 1997 rule.
Consequently, the NOX and SO2
emissions associated with the large
HMIWI model plant are already below
both the incorrect NOX and SO2
emissions limits of 130 ppmv and 1.6
ppmv, respectively, promulgated in the
October 6, 2009, Federal Register
notice, and the correct NOX and SO2
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emissions limits of 140 ppmv and 8.1
ppmv, respectively, being promulgated
in today’s action. Therefore, even if a
new large unit were constructed, we
would estimate no cost savings or
negative impacts associated with today’s
final amendments to the NOX and SO2
emissions limits for new large HMIWI.
None of the other amendments in
today’s final action change the
requirements of the HMIWI rule, and,
therefore, will not result in any impacts.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This final action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is, therefore, not
subject to review under the Executive
Order.
B. Paperwork Reduction Act
This final action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501, et seq. Burden is
defined at 5 CFR 1320.3(b). This final
action only includes revised NOX and
SO2 emissions limits for new large
HMIWI, and, as noted previously, no
new HMIWI are anticipated.
Consequently, this final action will not
impose any additional information
collection burden for new sources.
sroberts on DSK69SOYB1PROD with RULES
C. Regulatory Flexibility Act
The Regulatory Flexibility Act
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedures Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of this final action on small entities,
small entity is defined as follows: (1) A
small business as defined by the Small
Business Administration’s regulations at
13 CFR 121.201; (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district, or special district with a
population of less than 50,000; or (3) a
small organization that is any not-forprofit enterprise that is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this final rule on small
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entities, I certify that this final action
will not have a significant economic
impact on a substantial number of small
entities. This final rule will not impose
any requirements on small entities. This
final action only includes revised NOX
and SO2 emissions limits for new large
HMIWI, and no new HMIWI are
anticipated.
D. Unfunded Mandates Reform Act
This action contains no federal
mandates under the provisions of Title
II of the Unfunded Mandates Reform
Act (UMRA), 2 U.S.C. 1531–1538 for
state, local, or tribal governments, or the
private sector. This final action imposes
no enforceable duty on any state, local,
or tribal governments, or the private
sector. Therefore, this final action is not
subject to the requirements of sections
202 or 205 of the UMRA.
This final action is also not subject to
the requirements of section 203 of
UMRA because it contains no regulatory
requirements that might significantly or
uniquely affect small governments.
Because this final rule’s requirements
apply equally to HMIWI units owned
and/or operated by governments or
HMIWI units owned and/or operated by
private entities, there would be no
requirements that uniquely apply to
such government or impose any
disproportionate impacts on them.
E. Executive Order 13132: Federalism
This final rule does not have
federalism implications. It will not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This final action
will not impose substantial direct
compliance costs on state or local
governments, and will not preempt state
law. Thus, Executive Order 13132 does
not apply to this rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249; November 9,
2000). EPA is not aware of any HMIWI
owned or operated by Indian tribal
governments. Thus, Executive Order
13175 does not apply to this final
action.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885; April 23, 1997) as
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18411
applying to those regulatory actions that
concern health or safety risks, such that
the analysis required under section 5–
501 of the Executive Order has the
potential to influence the regulation.
This action is not subject to Executive
Order 13045 because it is based solely
on technology performance.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards (VCS) in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by VCS bodies. The NTTAA
directs EPA to provide Congress,
through the Office of Management and
Budget, explanations when the Agency
decides not to use available and
applicable VCS.
This action does not involve technical
standards. Therefore, EPA did not
consider the use of any VCS.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice (EJ). Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make EJ part of their mission by
identifying and addressing, as
appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations, and low-income
populations in the United States.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This rule amendment
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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
affects only new large units, and no new
units are anticipated to be constructed.
This rule amendment does not relax the
control measures on sources regulated
by the rule will therefore not cause
emissions increased from these sources.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801, et seq., as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this final rule 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 this final rule in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). This final rule will
be effective on May 4, 2011.
List of Subjects in 40 CFR Part 60
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: March 29, 2011.
Lisa P. Jackson,
Administrator.
§ 60.32e
Designated facilities.
*
*
*
*
*
(k) The authorities listed under
§ 60.50c(i) shall be retained by the
Administrator and not be transferred to
a state.
3. Section 60.39e is amended by
revising paragraph (d)(3) to read as
follows:
■
§ 60.39e
Compliance times.
*
For the reasons stated in the
preamble, Title 40, chapter I, part 60 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, et seq.
Subpart Ce—[Amended]
2. Section 60.32e is amended by
adding paragraph (k) to read as follows:
■
*
*
*
*
(d) * * *
(3) If an extension is granted, require
expeditious compliance with the
emissions guidelines on or before the
date 3 years after EPA approval of the
state plan (but not later than September
16, 2002), for the emissions guidelines
as promulgated on September 15, 1997,
and on or before the date 3 years after
EPA approval of an amended state plan
(but not later than October 6, 2014), for
the emissions guidelines as amended on
October 6, 2009.
*
*
*
*
*
■ 4. Table 1A to subpart Ce is revised
to read as follows:
TABLE 1A TO SUBPART Ce OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT DESIGNATED
FACILITIES AS DEFINED IN § 60.32e(a)(1)
Emissions limits
Units (7 percent oxygen, dry basis)
Pollutant
Averaging time 1
HMIWI size
Small
Medium
Method for demonstrating compliance 2
EPA Reference Method 5 of appendix A–
3 of part 60, or EPA
Reference Method
26A or 29 of appendix A–8 of part 60.
EPA Reference Method 10 or 10B of appendix A–4 of part
60.
EPA Reference Method 23 of appendix
A–7 of part 60.
Large
Particulate matter .........
Milligrams per dry
standard cubic meter
(mg/dscm) (grains
per dry standard
cubic foot (gr/dscf)).
115 (0.05) .............
69 (0.03) ...............
34 (0.015) .............
3-run average (1-hour
minimum sample
time per run).
Carbon monoxide .........
Parts per million by
volume (ppmv).
40 .........................
40 .........................
40 .........................
3-run average (1-hour
minimum sample
time per run).
Dioxins/furans ...............
Nanograms per dry
standard cubic meter
total dioxins/furans
(ng/dscm) (grains
per billion dry standard cubic feet (gr/109
dscf)) or ng/dscm
TEQ (gr/109 dscf).
ppmv or percent reduction.
125 (55) or 2.3
(1.0).
125 (55) or 2.3
(1.0).
125 (55) or 2.3
(1.0).
3-run average (4-hour
minimum sample
time per run).
100 or 93% ...........
100 or 93% ...........
100 or 93% ...........
3-run average (1-hour
minimum sample
time per run).
Sulfur dioxide ...............
ppmv ...........................
55 .........................
55 .........................
55 .........................
Nitrogen oxides ............
ppmv ...........................
250 .......................
250 .......................
250 .......................
Lead .............................
mg/dscm (grains per
thousand dry standard cubic feet (gr/103
dscf)) or percent reduction.
mg/dscm (gr/103 dscf)
or percent reduction.
1.2 (0.52) or 70%
1.2 (0.52) or 70%
1.2 (0.52) or 70%
3-run average (1-hour
minimum sample
time per run).
3-run average (1-hour
minimum sample
time per run).
3-run average (1-hour
minimum sample
time per run).
EPA Reference Method 26 or 26A of appendix A–8 of part
60.
EPA Reference Method 6 or 6C of appendix A–4 of part 60.
EPA Reference Method 7 or 7E of appendix A–4 of part 60.
EPA Reference Method 29 of appendix
A–8 of part 60.
0.16 (0.07) or 65%
0.16 (0.07) or 65%
0.16 (0.07) or 65%
3-run average (1-hour
minimum sample
time per run).
EPA Reference Method 29 of appendix
A–8 of part 60.
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Hydrogen chloride ........
Cadmium ......................
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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
18413
TABLE 1A TO SUBPART Ce OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT DESIGNATED
FACILITIES AS DEFINED IN § 60.32e(a)(1)—Continued
Emissions limits
Units (7 percent oxygen, dry basis)
Pollutant
Averaging time 1
Small
Mercury ........................
Method for demonstrating compliance 2
3-run average (1-hour
minimum sample
time per run).
EPA Reference Method 29 of appendix
A–8 of part 60.
HMIWI size
Large
0.55 (0.24) or 85%
mg/dscm (gr/103 dscf)
or percent reduction.
Medium
0.55 (0.24) or 85%
0.55 (0.24) or 85%
1 Except
2 Does
as allowed under § 60.56c(c) for HMIWI equipped with CEMS.
not include CEMS and approved alternative non-EPA test methods allowed under § 60.56c(b).
Subpart Ec—[Amended]
5. Section 60.58c is amended by
revising paragraphs (d)(1) through (3) to
read as follows:
■
§ 60.58c Reporting and recordkeeping
requirements.
*
*
*
*
*
(d) * * *
(1) The values for the site-specific
operating parameters established
pursuant to § 60.56c(d), (h), or (j), as
applicable.
(2) The highest maximum operating
parameter and the lowest minimum
operating parameter, as applicable, for
each operating parameter recorded for
the calendar year being reported,
pursuant to § 60.56c(d), (h), or (j), as
applicable.
(3) The highest maximum operating
parameter and the lowest minimum
operating parameter, as applicable, for
each operating parameter recorded
pursuant to § 60.56c(d), (h), or (j) for the
calendar year preceding the year being
reported, in order to provide the
Administrator with a summary of the
performance of the affected facility over
a 2-year period.
*
*
*
*
*
■ 6. Table 1A to subpart Ec is revised to
read as follows:
TABLE 1A TO SUBPART Ec OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT AFFECTED
FACILITIES AS DEFINED IN § 60.50c(a)(1) AND (2)
Emissions limits
Units (7 percent oxygen, dry basis)
Pollutant
Averaging time 1
HMIWI size
Small
Medium
Large
Method
for
demonstrating
compliance 2
Particulate matter .........
Milligrams per dry
standard cubic meter
(grains per dry
standard cubic foot).
69 (0.03) ...............
34 (0.015) .............
34 (0.015) .............
3-run average (1-hour
minimum sample
time per run).
Carbon monoxide .........
Parts per million by
volume.
40 .........................
40 .........................
40 .........................
3-run average (1-hour
minimum sample
time per run).
Dioxins/furans ...............
Nanograms per dry
standard cubic meter
total dioxins/furans
(grains per billion dry
standard cubic feet)
or nanograms per
dry standard cubic
meter TEQ (grains
per billion dry standard cubic feet).
Parts per million by
volume or percent
reduction.
125 (55) or 2.3
(1.0).
25 (11) or 0.6
(0.26).
25 (11) or 0.6
(0.26).
3-run average (4-hour
minimum sample
time per run).
15 or 99% .............
15 or 99% .............
15 or 99% .............
3-run average (1-hour
minimum sample
time per run).
Sulfur dioxide ...............
Parts per million by
volume.
55 .........................
55 .........................
55 .........................
Nitrogen oxides ............
Parts per million by
volume.
250 .......................
250 .......................
250 .......................
Lead .............................
Milligrams per dry
standard cubic meter
(grains per thousand
dry standard cubic
feet) or percent reduction.
Milligrams per dry
standard cubic meter
(grains per thousand
dry standard cubic
feet) or percent reduction.
1.2 (0.52) or 70%
0.07 (0.03) or 98%
0.07 (0.03) or 98%
3-run average (1-hour
minimum sample
time per run).
3-run average (1-hour
minimum sample
time per run).
3-run average (1-hour
minimum sample
time per run).
EPA Reference Method 26 or 26A of appendix A–8 of part
60.
EPA Reference Method 6 or 6C of appendix A–4 of part 60.
EPA Reference Method 7 or 7E of appendix A–4 of part 60.
EPA Reference Method 29 of appendix
A–8 of part 60.
0.16 (0.07) or 65%
0.04 (0.02) or 90%
0.04 (0.02) or 90%
3-run average (1-hour
minimum sample
time per run).
EPA Reference Method 29 of appendix
A–8 of part 60.
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Hydrogen chloride ........
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04APR1
EPA Reference Method 5 of appendix A–
3 of part 60, or EPA
Reference Method M
26A or 29 of appendix A–8 of part 60.
EPA Reference Method 10 or 10B of appendix A–4 of part
60.
EPA Reference Method 23 of appendix
A–7 of part 60.
18414
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
TABLE 1A TO SUBPART Ec OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT AFFECTED
FACILITIES AS DEFINED IN § 60.50c(a)(1) AND (2)—Continued
Emissions limits
Units (7 percent oxygen, dry basis)
Pollutant
Averaging time 1
Small
Mercury ........................
Method
for
demonstrating
compliance 2
3-run average (1-hour
minimum sample
time per run).
EPA Reference Method 29 of appendix
A–8 of part 60.
HMIWI size
Milligrams per dry
standard cubic meter
(grains per thousand
dry standard cubic
feet) or percent reduction.
Medium
Large
0.55 (0.24) or 85%
0.55 (0.24) or 85%
0.55 (0.24) or 85%
1 Except
2 Does
as allowed under § 60.56c(c) for HMIWI equipped with CEMS.
not include CEMS and approved alternative non-EPA test methods allowed under § 60.56c(b).
■ 7. Table 1B to Subpart Ec is revised
to read as follows:
TABLE 1B TO SUBPART Ec OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT AFFECTED
FACILITIES AS DEFINED IN § 60.50C(a)(3) AND (4)
Emissions limits
Units
(7 percent oxygen,
dry basis)
Pollutant
HMIWI size
Averaging time 1
Small
Medium
Method for
demonstrating
compliance 2
Large
Particulate matter .........
Milligrams per dry
standard cubic meter
(grains per dry
standard cubic foot).
66 (0.029) .............
22 (0.0095) ...........
18 (0.0080) ...........
3-run average (1-hour
minimum sample
time per run).
Carbon monoxide .........
Parts per million by
volume.
20 .........................
1.8 ........................
11 .........................
3-run average (1-hour
minimum sample
time per run).
Dioxins/furans ...............
Nanograms per dry
standard cubic meter
total dioxins/furans
(grains per billion dry
standard cubic feet)
or nanograms per
dry standard cubic
meter TEQ (grains
per billion dry standard cubic feet).
Parts per million by
volume.
16 (7.0) or 0.013
(0.0057).
0.47 (0.21) or
0.014 (0.0061).
9.3 (4.1) or 0.035
(0.015).
3-run average (4-hour
minimum sample
time per run).
15 .........................
7.7 ........................
5.1 ........................
3-run average (1-hour
minimum sample
time per run).
Sulfur dioxide ...............
Parts per million by
volume.
1.4 ........................
1.4 ........................
8.1 ........................
Nitrogen oxides ............
Parts per million by
volume.
67 .........................
67 .........................
140 .......................
Lead .............................
Milligrams per dry
standard cubic meter
(grains per thousand
dry standard cubic
feet).
Milligrams per dry
standard cubic meter
(grains per thousand
dry standard cubic
feet).
Milligrams per dry
standard cubic meter
(grains per thousand
dry standard cubic
feet).
0.31 (0.14) ............
0.018 (0.0079) ......
0.00069 (0.00030)
3-run average (1-hour
minimum sample
time per run).
3-run average (1-hour
minimum sample
time per run).
3-run average (1-hour
minimum sample
time per run).
EPA Reference Method 26 or 26A of appendix A–8 of part
60.
EPA Reference Method 6 or 6C of appendix A–4 of part 60.
EPA Reference Method 7 or 7E of appendix A–4 of part 60.
EPA Reference Method 29 of appendix
A–8 of part 60.
0.017 (0.0074) ......
0.0098 (0.0043) ....
0.00013
(0.000057).
3-run average (1-hour
minimum sample
time per run).
EPA Reference Method 29 of appendix
A–8 of part 60.
0.014 (0.0061) ......
0.0035 (0.0015) ....
0.0013 (0.00057) ..
3-run average (1-hour
minimum sample
time per run).
EPA Reference Method 29 of appendix
A–8 of part 60.
Hydrogen chloride ........
Cadmium ......................
sroberts on DSK69SOYB1PROD with RULES
Mercury ........................
1 Except
2 Does
as allowed under § 60.56c(c) for HMIWI equipped with CEMS.
not include CEMS and approved alternative non-EPA test methods allowed under § 60.56c(b).
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EPA Reference Method 5 of appendix A–
3 of part 60, or EPA
Reference Method M
26A or 29 of appendix A–8 of part 60.
EPA Reference Method 10 or 10B of appendix A–4 of part
60.
EPA Reference Method 23 of appendix
A–7 of part 60.
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 75
Continuous Emission Monitoring
CFR Correction
In Title 40 of the Code of Federal
Regulations, Parts 72 to 80, revised as of
July 1, 2010, on page 219, in § 75.11,
paragraph (f) is added to read as follows:
§ 75.11 Specific provisions for monitoring
SO2 emissions.
*
*
*
*
*
(f) Other units. The owner or operator
of an affected unit that combusts wood,
refuse, or other material in addition to
oil or gas shall comply with the
monitoring provisions for coal-fired
units specified in paragraph (a) of this
section, except where the owner or
operator has an approved petition to use
the provisions of paragraph (e)(1) of this
section.
[FR Doc. 2011–8004 Filed 4–1–11; 8:45 am]
BILLING CODE 1505–01–D
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 09–123; RM–11546,
DA 11–501]
Television Broadcasting Services; New
Haven, CT
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Commission grants a
petition for rulemaking filed by
Connecticut Public Broadcasting, Inc.
(‘‘CPBI’’), the licensee of noncommercial
educational station WEDY, New Haven,
Connecticut, requesting the substitution
of channel *41 for channel *6 at New
Haven. CPBI’s channel *6 facility is
subject to substantial levels of new
interference from other post-transition
stations’ power increases, and the
substitution of channel *41 will resolve
any interference being experienced by
CPBI’s viewers.
DATES: This rule is effective May 4,
2011.
SUMMARY:
sroberts on DSK69SOYB1PROD with RULES
This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 09–123,
adopted March 15, 2011, and released
March 16, 2011. The full text of this
document is available for public
inspection and copying during normal
business hours in the FCC’s Reference
Information Center at Portals II, CY–
A257, 445 12th Street, SW.,
Washington, DC 20554. This document
will also be available via ECFS (https://
fjallfoss.fcc.gov/ecfs/). This document
may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone
1–800–478–3160 or via the company’s
Web site, https://www.bcipweb.com. To
request materials in accessible formats
for people with disabilities (braille,
large print, electronic files, audio
format), send an e-mail to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (tty).
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
information collection burden ‘‘for small
business concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional review Act, see 5 U.S.C.
801(a)(1)(A).
§ 73.622
List of Subjects in 47 CFR Part 73
SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION:
[FR Doc. 2011–7899 Filed 4–1–11; 8:45 am]
Television.
Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Division, Media Bureau.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
FOR FURTHER INFORMATION CONTACT:
■
Joyce L. Bernstein,
joyce.bernstein@fcc.gov, Media Bureau,
(202) 418–1600.
Authority: 47 U.S.C. 154, 303, 334, 336,
and 339.
VerDate Mar<15>2010
18:24 Apr 01, 2011
Jkt 223001
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
18415
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under Connecticut, is amended by
adding channel *41 and removing
channel *6 at New Haven.
■
[FR Doc. 2011–7789 Filed 4–1–11; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 001005281–0369–02]
RIN 0648–XA01
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic;
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS closes the northern
Florida west coast subzone to the
commercial harvest of king mackerel in
or from the exclusive economic zone
(EEZ). This closure is necessary to
protect the Gulf king mackerel resource.
DATES: This rule is effective 12:01 a.m.,
local time, April 04, 2011, until 12:01
a.m., local time, July 1, 2011, unless
changed by further notice in the Federal
Register.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, telephone: 727–824–
5305, or e-mail:
susan.gerhart@noaa.gov.
SUMMARY:
The
fishery for coastal migratory pelagic fish
(king mackerel, Spanish mackerel, cero,
cobia, little tunny, and, in the Gulf of
Mexico (Gulf) only, dolphin and
bluefish) is managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and South Atlantic (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
Management Councils (Councils) and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
On April 27, 2000, NMFS
implemented the final rule (65 FR
16336, March 28, 2000) that divided the
Florida west coast subzone of the Gulf
E:\FR\FM\04APR1.SGM
04APR1
Agencies
[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18407-18415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7899]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2006-0534; FRL-9289-6]
RIN 2060-AQ24
Standards of Performance for New Stationary Sources and Emissions
Guidelines for Existing Sources: Hospital/Medical/Infectious Waste
Incinerators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; amendments.
-----------------------------------------------------------------------
SUMMARY: On October 6, 2009, EPA promulgated its response to the remand
of the new source performance standards and emissions guidelines for
hospital/medical/infectious waste incinerators by the U.S. Court of
Appeals for the District of Columbia Circuit and satisfied the Clean
Air Act section 129(a)(5) requirement to conduct
[[Page 18408]]
a review of the standards every 5 years. This action promulgates
amendments to the new source performance standards and emissions
guidelines, correcting inadvertent drafting errors in the nitrogen
oxides and sulfur dioxide emissions limits for large hospital/medical/
infectious waste incinerators in the new source performance standards,
which did not correspond to our description of our standard-setting
process, correcting erroneous cross-references in the reporting and
recordkeeping requirements in the new source performance standards,
clarifying that compliance with the emission guidelines must be
expeditious if a compliance extension is granted, correcting the
inadvertent omission of delegation of authority provisions in the
emission guidelines, correcting errors in the units' description for
several emissions limits in the emission guidelines and new source
performance standards, and removing extraneous text from the hydrogen
chloride emissions limit for large hospital/medical/infectious waste
incinerators in the emission guidelines.
DATES: This rule is effective as of May 4, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-HQ-OAR-2006-0534 and Legacy Docket ID Number A-91-61. All
documents in the docket are listed in the https://www.regulations.gov
index. Although listed in the index, some information is not publicly
available, e.g., confidential business information or other information
which disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically at https://www.regulations.gov or in hard copy at the EPA
Docket Center EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the EPA Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Hambrick, Fuels and
Incineration Group, Sector Policies and Programs Division (E143-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-0964; facsimile number: (919) 541-
3470; e-mail address: hambrick.amy@epa.gov.
SUPPLEMENTARY INFORMATION: Organization of This Document. The following
outline is provided to aid in locating information in this preamble.
I. General Information
A. Does the final action apply to me?
B. Where can I get a copy of this document?
C. Judicial Review
II. Background
III. Summary of the Final Amendments
A. Nitrogen Oxides Emissions Limit
B. Sulfur Dioxide Emissions Limit
C. Reporting and Recordkeeping Requirements
D. Expeditious Compliance
E. Delegation of Authority Provisions
F. Units Descriptions of Emissions Limits
G. Extraneous Text
IV. Impacts of the Final Action
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
A red-line version of the regulatory language that incorporates the
changes in this action is available in the docket.
I. General Information
A. Does the final action apply to me?
Regulated Entities. Categories and entities potentially affected by
the final action are those which operate hospital/medical/infectious
waste incinerators (HMIWI). The new source performance standards (NSPS)
and emissions guidelines (EG) for HMIWI affect the following categories
of sources:
----------------------------------------------------------------------------------------------------------------
Category NAICS code Examples of potentially regulated entities
----------------------------------------------------------------------------------------------------------------
Industry...................................... 622110 Private hospitals, other health care facilities,
622310 commercial research laboratories, commercial
325411 waste disposal companies, private universities.
325412
562213
611310
Federal Government............................ 622110 Federal hospitals, other health care facilities,
541710 public health service, armed services.
928110
State/local/tribal Government................. 622110 State/local hospitals, other health care
562213 facilities, state/local waste disposal
611310 services, state universities.
----------------------------------------------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by the final
action. To determine whether your facility would be affected by the
final action, you should examine the applicability criteria in 40 CFR
60.50c of subpart Ec. If you have any questions regarding the
applicability of the final action to a particular entity, contact the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
B. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
the final action is available on the Worldwide Web through the
Technology Transfer Network Web site (TTN Web). Following signature,
EPA posted a copy of the final action on the TTN's policy and guidance
page for newly proposed or promulgated rules at https://www.epa.gov/ttn/oarpg. The TTN Web provides information and technology exchange in
various areas of air pollution control.
C. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA or Act), judicial
review of
[[Page 18409]]
this final rule is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit (the
Court) by June 3, 2011. Under section 307(d)(7)(B) of the CAA, only an
objection to this final rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Section 307(d)(7)(B) of the CAA also provides a
mechanism for EPA to convene a proceeding for reconsideration, ``[i]f
the person raising an objection can demonstrate to EPA that it was
impracticable to raise such objection within [the period for public
comment] or if the grounds for such objection arose after the period
for public comment (but within the time specified for judicial review)
and if such objection is of central relevance to the outcome of the
rule.'' Any person seeking to make such a demonstration to us should
submit a Petition for Reconsideration to the Office of the
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a
copy to the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate General Counsel for the Air and
Radiation Law Office, Office of General Counsel (Mail Code 2344A),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20004. Moreover, under section 307(b)(2) of the CAA, the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by EPA to
enforce these requirements.
II. Background
On September 15, 1997, EPA adopted NSPS (40 CFR part 60, subpart
Ec) and EG (40 CFR part 60, subpart Ce) for HMIWI under the authority
of sections 111 and 129 of the CAA. Emissions standards were adopted
for the nine pollutants required to be regulated under CAA section
129--particulate matter (PM), lead (Pb), cadmium (Cd), mercury (Hg),
chlorinated dibenzo-p-dioxins/dibenzofurans, carbon monoxide, nitrogen
oxides (NOX), hydrogen chloride (HCl), and sulfur dioxide
(SO2). The EPA developed emissions limits for all nine
pollutants for three HMIWI size subcategories (large, medium, and
small) for the NSPS and four HMIWI size subcategories (large, medium,
small, and small rural) for the EG.
On March 2, 1999, the Court in Sierra Club v. EPA, 167 F.3d 658 (DC
Cir. 1999) remanded the rule to EPA for further explanation regarding
how EPA derived the maximum achievable control technology floors for
new and existing HMIWI. The Court did not vacate the regulations, and
the regulations remained in effect during the remand.
On October 6, 2009, EPA promulgated its response to the Court's
remand of the HMIWI regulations and also satisfied its requirement
under CAA section 129(a)(5) to conduct a 5-year review of the HMIWI
standards. The promulgated rule revised the NSPS and EG emissions
limits for all nine of the CAA section 129 pollutants.
Following promulgation of the revised emissions limits, an industry
representative informed EPA of an error in the published NSPS emissions
limit for NOX for large HMIWI, which did not appear to
reflect EPA's described analytical process for adopting the revised
standards. On review, EPA staff determined that the published revised
NOX NSPS for large HMIWI indeed did not reflect EPA's intent
in the final rule. EPA reviewed the other published NSPS and EG
emissions limits for similar errors, and determined that the published
revised SO2 NSPS for large HMIWI also did not reflect EPA's
intent in the final rule. Also after promulgation, a state agency
representative informed EPA of an error in the published NSPS reporting
and recordkeeping requirements, which incorrectly referred to Sec.
60.56, instead of Sec. 60.56c, in three separate paragraphs.
To correct these errors, EPA issued proposed amendments on May 14,
2010, to the NSPS emissions limits for NOX and
SO2 for large HMIWI and the NSPS reporting and recordkeeping
provisions that have the incorrect cross-reference (75 FR 27249 (May
14, 2010)). EPA provided a public comment period that closed on June
28, 2010. No public comments were received on the proposed amendments
during that period. Consequently, today's final action promulgates the
amendments as proposed, for the reasons explained in the proposal.
Just prior to proposal of the May 14, 2010, amendments (but too
late to be addressed in the proposed rule), EPA staff discovered that
the HMIWI rule should be revised to clarify that compliance with the EG
must be expeditious if a compliance extension is granted. After
proposal of the May 14, 2010, amendments, EPA staff also noted that
delegation of authority provisions had been inadvertently omitted from
the EG for existing HMIWI. A state agency later informed EPA of an
error in the units' description for the Cd and Hg emissions limits in
Table 1B to subpart Ec (NSPS). EPA reviewed the other emissions limits
tables in the NSPS and EG and found similar errors in the units
descriptions for other emissions limits. To address these errors and
omissions, EPA is issuing additional amendments to the NSPS and EG, to
be effective upon the effective date of this final rule specified
above.
III. Summary of the Final Amendments
A. Nitrogen Oxides Emissions Limit
EPA received no public comments regarding its proposed amendment to
the NOX NSPS limit for new large HMIWI. For the reasons
explained in the proposed rule (see 75 FR at 27251/col. 2-27252/col.
1), today's final action amends the HMIWI NSPS to include the correct
NOX NSPS limit of 140 parts per million by volume (ppmv) for
new large HMIWI, which matches the final NOX EG limit and
reflects EPA's intent in the October 6, 2009, final rule.
B. Sulfur Dioxide Emissions Limit
EPA also received no public comments on its proposed amendment to
the SO2 NSPS for new large HMIWI. For the reasons explained
in the proposed rule (see 75 FR at 27252/cols. 1-2), this final action
amends the HMIWI NSPS to include the correct SO2 limit of
8.1 ppmv for new large HMIWI, which reflects EPA's intent in the
October 6, 2009, final rule.
C. Reporting and Recordkeeping Requirements
The NSPS reporting and recordkeeping requirements of the October 6,
2009, final rule include three separate cross-references to ``Sec.
60.56(d), (h), or (j).'' The correct cross-reference in each case
should have been ``Sec. 60.56c(d), (h), or (j),'' consistent with the
section numbering format for NSPS subpart Ec. EPA received no public
comments on its proposed correction to the cross-references. This final
action amends the HMIWI NSPS to correctly cross-reference to sections
60.56c(d), (h), or (j).
D. Expeditious Compliance
Section 129(f)(2) of the CAA states that performance standards and
other requirements promulgated pursuant to this section and Section 111
and applicable to existing solid waste incineration units shall be
effective as expeditiously as practicable after approval of a State
plan under subsection (b)(2) (or promulgation of a plan by the
Administrator under subsection (b)(3)) but in no event later than 3
years after the State plan is approved or 5 years after the date such
standards or requirements are promulgated, whichever is earlier.
[[Page 18410]]
Just prior to proposal of the May 14, 2010, amendments (but too
late to be addressed in the proposed rule), EPA staff discovered that
paragraph (d)(3) of Sec. 60.39e (compliance times) should be revised
to clarify that compliance with the guidelines must be expeditious if a
compliance extension is granted. We are amending the HMIWI EG to
include this clarifying language. Specifically, we are adding the word
``expeditious'' to Sec. 60.39e(d)(3) to state that if an extension is
granted, require expeditious compliance with the emissions guidelines
on or before the date 3 years after EPA approval of the State plan (but
not later than September 16, 2002), for the emissions guidelines as
promulgated on September 15, 1997, and on or before the date 3 years
after EPA approval of an amended State plan (but not later than October
6, 2014), for the emissions guidelines as amended on October 6, 2009.
This action will ensure that compliance with the EG will be
``expeditious,'' consistent with the requirements of CAA section
129(f)(2).
E. Delegation of Authority Provisions
Provisions regarding delegation of implementation and enforcement
authorities are already present in the NSPS for new HMIWI. The NSPS
delegation of authority provisions in the October 6, 2009, final rule
specify that the following authorities are to be retained by the
Administrator and not transferred to a state:
The requirements of Sec. 60.56c(i) establishing operating
parameters when using controls other than those listed in Sec.
60.56c(d).
Approval of alternative methods of demonstrating
compliance under Sec. 60.8 including:
[cir] Approval of continuous emissions monitoring system (CEMS) for
PM, HCl, multi-metals, and Hg where used for purposes of demonstrating
compliance,
[cir] Approval of continuous automated sampling systems for dioxin/
furan and Hg where used for purposes of demonstrating compliance, and
[cir] Approval of major alternatives to test methods;
Approval of major alternatives to monitoring;
Waiver of recordkeeping requirements; and
Performance test and data reduction waivers under Sec.
60.8(b).
Following the May 14, 2010, proposal of amendments to the October
6, 2009, final rule, EPA staff discovered that delegation of authority
provisions had been inadvertently omitted from the EG. We are amending
the HMIWI EG to include these delegations of authority provisions.
Specifically, we are adding a paragraph to Sec. 60.32e of the EG
stating that the authorities listed under Sec. 60.50c(i) of the NSPS
are to be retained by the Administrator and not be transferred to a
state. This action will ensure consistency between the NSPS and EG
regarding the implementation and enforcement authorities and avoid any
confusion about which authorities can be delegated and exercised by the
states and which authorities must be retained by EPA.
F. Units Descriptions of Emissions Limits
EPA was informed by a state agency post-proposal that the units'
description for the Cd and Hg emissions limits in Table 1B to subpart
Ec (NSPS) included both the concentration units and the not-promulgated
percent reduction alternative. Table 1B to subpart Ec includes the
amended emissions limits for new HMIWI in the October 6, 2009, final
rule, which appropriately do not include a not-promulgated percent
reduction alternative.
We are amending Table 1B to subpart Ec effective immediately to
remove the units' description for the not-promulgated percent reduction
alternative and avoid any confusion regarding the elimination of the
percent reduction alternative for new HMIWI in the October 6, 2009,
final rule.
EPA found similar errors after reviewing the other emissions limits
tables in the NSPS and EG. First, the October 6, 2009, amendments to
Table 1A to subpart Ce (EG) mistakenly removed the units' description
for the previously promulgated percent reduction alternative for HCl,
Pb, Cd, and Hg. Table 1A to subpart Ce includes the emissions limits
from the September 15, 1997, EG, including the percent reduction
alternative, to which existing HMIWI are subject until revised or new
state plans are issued based on the October 6, 2009, amendments (which
do not include the percent reduction alternative).
Second, the October 6, 2009, amendments to Table 1A to subpart Ec
(NSPS) mistakenly removed the units' description for the previously
promulgated percent reduction alternative for HCl and Pb. Table 1A to
subpart Ec includes the emissions limits from the September 15, 1997,
NSPS, including the percent reduction alternative. Those emissions
limits apply to HMIWI that commenced construction after June 20, 1996,
but no later than December 1, 2008, or commenced modification after
March 16, 1998, but no later than April 6, 2010, except where the
emissions limits in the amended EG are more stringent.
We are amending Table 1A to subpart Ce and Table 1A to subpart Ec
to restore the units' description for the percent reduction alternative
for these pollutants and avoid any confusion regarding the use of a
percent reduction alternative for existing and new HMIWI under the
original September 15, 1997, rule.
G. Extraneous Text
In the course of reviewing the unit's descriptions of the emissions
limits, we discovered that some extraneous text had been included with
the HCl NSPS limit for new large HMIWI in Table 1A to subpart Ec. (As
noted previously, Table 1A to subpart Ec includes the emissions limits
from the September 15, 1997, NSPS.) We are amending Table 1A to subpart
Ec to remove the extraneous text and thereby avoid any confusion
regarding the HCl NSPS limit for new large HMIWI in Table 1A to subpart
Ec.
IV. Impacts of the Final Action
Based on the stringency of the HMIWI standards promulgated on
October 6, 2009, sources would likely respond to the HMIWI rule by
choosing not to construct new HMIWI and would use alternative waste
disposal options rather than incur the costs of compliance. Considering
this information, we do not anticipate any new HMIWI, and, therefore,
no costs or impacts are associated with the final NSPS amendments for
NOX and SO2 for new large units.
However, in the unlikely event that a new unit is constructed, we
estimated costs and impacts expected for each of three HMIWI model
plants (large, medium, and small), which we entered into the docket for
the October 6, 2009, promulgation. (See 2009 memoranda entitled
``Revised Compliance Costs and Economic Inputs for New HMIWI'' and
``Revised Baseline Emissions and Emissions Reductions for Existing and
New HMIWI,'' which are included in the docket.) We estimated baseline
NOX emissions of 80 ppmv and baseline SO2
emissions of 0.84 ppmv for the large HMIWI model plant, based on the
average NOX and SO2 emissions measured at the
latest large HMIWI to be installed since the 1997 rule. Consequently,
the NOX and SO2 emissions associated with the
large HMIWI model plant are already below both the incorrect
NOX and SO2 emissions limits of 130 ppmv and 1.6
ppmv, respectively, promulgated in the October 6, 2009, Federal
Register notice, and the correct NOX and SO2
[[Page 18411]]
emissions limits of 140 ppmv and 8.1 ppmv, respectively, being
promulgated in today's action. Therefore, even if a new large unit were
constructed, we would estimate no cost savings or negative impacts
associated with today's final amendments to the NOX and
SO2 emissions limits for new large HMIWI.
None of the other amendments in today's final action change the
requirements of the HMIWI rule, and, therefore, will not result in any
impacts.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This final action is not a ``significant regulatory action'' under
the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and
is, therefore, not subject to review under the Executive Order.
B. Paperwork Reduction Act
This final action does not impose an information collection burden
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et
seq. Burden is defined at 5 CFR 1320.3(b). This final action only
includes revised NOX and SO2 emissions limits for
new large HMIWI, and, as noted previously, no new HMIWI are
anticipated. Consequently, this final action will not impose any
additional information collection burden for new sources.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedures
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impacts of this final action on small
entities, small entity is defined as follows: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district, or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise that is independently owned and operated and
is not dominant in its field.
After considering the economic impacts of this final rule on small
entities, I certify that this final action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not impose any requirements on small entities. This final
action only includes revised NOX and SO2
emissions limits for new large HMIWI, and no new HMIWI are anticipated.
D. Unfunded Mandates Reform Act
This action contains no federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1531-1538
for state, local, or tribal governments, or the private sector. This
final action imposes no enforceable duty on any state, local, or tribal
governments, or the private sector. Therefore, this final action is not
subject to the requirements of sections 202 or 205 of the UMRA.
This final action is also not subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments. Because this
final rule's requirements apply equally to HMIWI units owned and/or
operated by governments or HMIWI units owned and/or operated by private
entities, there would be no requirements that uniquely apply to such
government or impose any disproportionate impacts on them.
E. Executive Order 13132: Federalism
This final rule does not have federalism implications. It will not
have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This final action will not
impose substantial direct compliance costs on state or local
governments, and will not preempt state law. Thus, Executive Order
13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249; November 9, 2000). EPA is not aware
of any HMIWI owned or operated by Indian tribal governments. Thus,
Executive Order 13175 does not apply to this final action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885; April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it is based
solely on technology performance.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
through the Office of Management and Budget, explanations when the
Agency decides not to use available and applicable VCS.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice (EJ). Its main
provision directs federal agencies, to the greatest extent practicable
and permitted by law, to make EJ part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations, and low-income populations in the
United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This rule amendment
[[Page 18412]]
affects only new large units, and no new units are anticipated to be
constructed. This rule amendment does not relax the control measures on
sources regulated by the rule will therefore not cause emissions
increased from these sources.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of Congress and to the Comptroller General
of the United States. EPA will submit a report containing this final
rule 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 this final rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2). This final rule will be effective on May 4, 2011.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: March 29, 2011.
Lisa P. Jackson,
Administrator.
For the reasons stated in the preamble, Title 40, chapter I, part
60 of the Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart Ce--[Amended]
0
2. Section 60.32e is amended by adding paragraph (k) to read as
follows:
Sec. 60.32e Designated facilities.
* * * * *
(k) The authorities listed under Sec. 60.50c(i) shall be retained
by the Administrator and not be transferred to a state.
0
3. Section 60.39e is amended by revising paragraph (d)(3) to read as
follows:
Sec. 60.39e Compliance times.
* * * * *
(d) * * *
(3) If an extension is granted, require expeditious compliance with
the emissions guidelines on or before the date 3 years after EPA
approval of the state plan (but not later than September 16, 2002), for
the emissions guidelines as promulgated on September 15, 1997, and on
or before the date 3 years after EPA approval of an amended state plan
(but not later than October 6, 2014), for the emissions guidelines as
amended on October 6, 2009.
* * * * *
0
4. Table 1A to subpart Ce is revised to read as follows:
Table 1A to Subpart Ce of Part 60--Emissions Limits for Small, Medium, and Large HMIWI at Designated Facilities as Defined in Sec. 60.32e(a)(1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emissions limits
Units (7 percent --------------------------------------------------------------------- Method for
Pollutant oxygen, dry HMIWI size Averaging time demonstrating
basis) --------------------------------------------------------------------- \1\ compliance \2\
Small Medium Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter........... Milligrams per 115 (0.05)........... 69 (0.03)............ 34 (0.015)........... 3-run average (1- EPA Reference
dry standard hour minimum Method 5 of
cubic meter (mg/ sample time per appendix A-3 of
dscm) (grains run). part 60, or EPA
per dry Reference
standard cubic Method 26A or
foot (gr/dscf)). 29 of appendix
A-8 of part 60.
Carbon monoxide.............. Parts per 40................... 40................... 40................... 3-run average (1- EPA Reference
million by hour minimum Method 10 or
volume (ppmv). sample time per 10B of appendix
run). A-4 of part 60.
Dioxins/furans............... Nanograms per 125 (55) or 2.3 (1.0) 125 (55) or 2.3 (1.0) 125 (55) or 2.3 (1.0) 3-run average (4- EPA Reference
dry standard hour minimum Method 23 of
cubic meter sample time per appendix A-7 of
total dioxins/ run). part 60.
furans (ng/
dscm) (grains
per billion dry
standard cubic
feet (gr/10\9\
dscf)) or ng/
dscm TEQ (gr/
10\9\ dscf).
Hydrogen chloride............ ppmv or percent 100 or 93%........... 100 or 93%........... 100 or 93%........... 3-run average (1- EPA Reference
reduction. hour minimum Method 26 or
sample time per 26A of appendix
run). A-8 of part 60.
Sulfur dioxide............... ppmv............ 55................... 55................... 55................... 3-run average (1- EPA Reference
hour minimum Method 6 or 6C
sample time per of appendix A-4
run). of part 60.
Nitrogen oxides.............. ppmv............ 250.................. 250.................. 250.................. 3-run average (1- EPA Reference
hour minimum Method 7 or 7E
sample time per of appendix A-4
run). of part 60.
Lead......................... mg/dscm (grains 1.2 (0.52) or 70%.... 1.2 (0.52) or 70%.... 1.2 (0.52) or 70%.... 3-run average (1- EPA Reference
per thousand hour minimum Method 29 of
dry standard sample time per appendix A-8 of
cubic feet (gr/ run). part 60.
10\3\ dscf)) or
percent
reduction.
Cadmium...................... mg/dscm (gr/ 0.16 (0.07) or 65%... 0.16 (0.07) or 65%... 0.16 (0.07) or 65%... 3-run average (1- EPA Reference
10\3\ dscf) or hour minimum Method 29 of
percent sample time per appendix A-8 of
reduction. run). part 60.
[[Page 18413]]
Mercury...................... mg/dscm (gr/ 0.55 (0.24) or 85%... 0.55 (0.24) or 85%... 0.55 (0.24) or 85%... 3-run average (1- EPA Reference
10\3\ dscf) or hour minimum Method 29 of
percent sample time per appendix A-8 of
reduction. run). part 60.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec. 60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec. 60.56c(b).
Subpart Ec--[Amended]
0
5. Section 60.58c is amended by revising paragraphs (d)(1) through (3)
to read as follows:
Sec. 60.58c Reporting and recordkeeping requirements.
* * * * *
(d) * * *
(1) The values for the site-specific operating parameters
established pursuant to Sec. 60.56c(d), (h), or (j), as applicable.
(2) The highest maximum operating parameter and the lowest minimum
operating parameter, as applicable, for each operating parameter
recorded for the calendar year being reported, pursuant to Sec.
60.56c(d), (h), or (j), as applicable.
(3) The highest maximum operating parameter and the lowest minimum
operating parameter, as applicable, for each operating parameter
recorded pursuant to Sec. 60.56c(d), (h), or (j) for the calendar year
preceding the year being reported, in order to provide the
Administrator with a summary of the performance of the affected
facility over a 2-year period.
* * * * *
0
6. Table 1A to subpart Ec is revised to read as follows:
Table 1A to Subpart Ec of Part 60--Emissions Limits for Small, Medium, and Large HMIWI at Affected Facilities as Defined in Sec. 60.50c(a)(1) and (2)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emissions limits
Units (7 percent --------------------------------------------------------------------- Method for
Pollutant oxygen, dry HMIWI size Averaging time demonstrating
basis) --------------------------------------------------------------------- \1\ compliance \2\
Small Medium Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter........... Milligrams per 69 (0.03)............ 34 (0.015)........... 34 (0.015)........... 3-run average (1- EPA Reference
dry standard hour minimum Method 5 of
cubic meter sample time per appendix A-3 of
(grains per dry run). part 60, or EPA
standard cubic Reference
foot). Method M 26A or
29 of appendix
A-8 of part 60.
Carbon monoxide.............. Parts per 40................... 40................... 40................... 3-run average (1- EPA Reference
million by hour minimum Method 10 or
volume. sample time per 10B of appendix
run). A-4 of part 60.
Dioxins/furans............... Nanograms per 125 (55) or 2.3 (1.0) 25 (11) or 0.6 (0.26) 25 (11) or 0.6 (0.26) 3-run average (4- EPA Reference
dry standard hour minimum Method 23 of
cubic meter sample time per appendix A-7 of
total dioxins/ run). part 60.
furans (grains
per billion dry
standard cubic
feet) or
nanograms per
dry standard
cubic meter TEQ
(grains per
billion dry
standard cubic
feet).
Hydrogen chloride............ Parts per 15 or 99%............ 15 or 99%............ 15 or 99%............ 3-run average (1- EPA Reference
million by hour minimum Method 26 or
volume or sample time per 26A of appendix
percent run). A-8 of part 60.
reduction.
Sulfur dioxide............... Parts per 55................... 55................... 55................... 3-run average (1- EPA Reference
million by hour minimum Method 6 or 6C
volume. sample time per of appendix A-4
run). of part 60.
Nitrogen oxides.............. Parts per 250.................. 250.................. 250.................. 3-run average (1- EPA Reference
million by hour minimum Method 7 or 7E
volume. sample time per of appendix A-4
run). of part 60.
Lead......................... Milligrams per 1.2 (0.52) or 70%.... 0.07 (0.03) or 98%... 0.07 (0.03) or 98%... 3-run average (1- EPA Reference
dry standard hour minimum Method 29 of
cubic meter sample time per appendix A-8 of
(grains per run). part 60.
thousand dry
standard cubic
feet) or
percent
reduction.
Cadmium...................... Milligrams per 0.16 (0.07) or 65%... 0.04 (0.02) or 90%... 0.04 (0.02) or 90%... 3-run average (1- EPA Reference
dry standard hour minimum Method 29 of
cubic meter sample time per appendix A-8 of
(grains per run). part 60.
thousand dry
standard cubic
feet) or
percent
reduction.
[[Page 18414]]
Mercury...................... Milligrams per 0.55 (0.24) or 85%... 0.55 (0.24) or 85%... 0.55 (0.24) or 85%... 3-run average (1- EPA Reference
dry standard hour minimum Method 29 of
cubic meter sample time per appendix A-8 of
(grains per run). part 60.
thousand dry
standard cubic
feet) or
percent
reduction.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec. 60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec. 60.56c(b).
0
7. Table 1B to Subpart Ec is revised to read as follows:
Table 1B to Subpart Ec of Part 60--Emissions Limits for Small, Medium, and Large HMIWI at Affected Facilities as Defined in Sec. 60.50c(a)(3) and (4)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emissions limits
Units (7 --------------------------------------------------------------------- Method for
Pollutant percent oxygen, HMIWI size Averaging time 1 demonstrating
dry basis) --------------------------------------------------------------------- compliance 2
Small Medium Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter........... Milligrams per 66 (0.029)........... 22 (0.0095).......... 18 (0.0080).......... 3-run average (1- EPA Reference
dry standard hour minimum Method 5 of
cubic meter sample time per appendix A-3 of
(grains per dry run). part 60, or EPA
standard cubic Reference
foot). Method M 26A or
29 of appendix
A-8 of part 60.
Carbon monoxide.............. Parts per 20................... 1.8.................. 11................... 3-run average (1- EPA Reference
million by hour minimum Method 10 or
volume. sample time per 10B of appendix
run). A-4 of part 60.
Dioxins/furans............... Nanograms per 16 (7.0) or 0.013 0.47 (0.21) or 0.014 9.3 (4.1) or 0.035 3-run average (4- EPA Reference
dry standard (0.0057). (0.0061). (0.015). hour minimum Method 23 of
cubic meter sample time per appendix A-7 of
total dioxins/ run). part 60.
furans (grains
per billion dry
standard cubic
feet) or
nanograms per
dry standard
cubic meter TEQ
(grains per
billion dry
standard cubic
feet).
Hydrogen chloride............ Parts per 15................... 7.7.................. 5.1.................. 3-run average (1- EPA Reference
million by hour minimum Method 26 or
volume. sample time per 26A of appendix
run). A-8 of part 60.
Sulfur dioxide............... Parts per 1.4.................. 1.4.................. 8.1.................. 3-run average (1- EPA Reference
million by hour minimum Method 6 or 6C
volume. sample time per of appendix A-4
run). of part 60.
Nitrogen oxides.............. Parts per 67................... 67................... 140.................. 3-run average (1- EPA Reference
million by hour minimum Method 7 or 7E
volume. sample time per of appendix A-4
run). of part 60.
Lead......................... Milligrams per 0.31 (0.14).......... 0.018 (0.0079)....... 0.00069 (0.00030).... 3-run average (1- EPA Reference
dry standard hour minimum Method 29 of
cubic meter sample time per appendix A-8 of
(grains per run). part 60.
thousand dry
standard cubic
feet).
Cadmium...................... Milligrams per 0.017 (0.0074)....... 0.0098 (0.0043)...... 0.00013 (0.000057)... 3-run average (1- EPA Reference
dry standard hour minimum Method 29 of
cubic meter sample time per appendix A-8 of
(grains per run). part 60.
thousand dry
standard cubic
feet).
Mercury...................... Milligrams per 0.014 (0.0061)....... 0.0035 (0.0015)...... 0.0013 (0.00057)..... 3-run average (1- EPA Reference
dry standard hour minimum Method 29 of
cubic meter sample time per appendix A-8 of
(grains per run). part 60.
thousand dry
standard cubic
feet).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec. 60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec. 60.56c(b).
[[Page 18415]]
[FR Doc. 2011-7899 Filed 4-1-11; 8:45 am]
BILLING CODE 6560-50-P