NESHAP: National Emission Standards for Hazardous Air Pollutants:
Standards for Hazardous Waste Combustors (Reconsideration)
[Federal Register: September 6, 2006 (Volume 71, Number 172)]
[Proposed Rules]
[Page 52623-52653]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se06-42]
[[Page 52624]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 63, 264 and 266
[EPA-HQ-OAR-2004-0022; FRL-8215-3]
RIN 2050-AG29
NESHAP: National Emission Standards for Hazardous Air Pollutants:
Standards for Hazardous Waste Combustors (Reconsideration)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On October 12, 2005, EPA promulgated national emission
standards for hazardous air pollutants (NESHAP) for new and existing
hazardous waste combustors. Subsequently, the Administrator received
four petitions for reconsideration of the final rule. In this proposed
rule, EPA is granting reconsideration of and requesting comment on
several issues raised in the petitions of the Cement Kiln Recycling
Coalition, the Coalition for Responsible Waste Incineration, and the
Sierra Club. In addition, EPA is proposing several amendments and
corrections to the final rule to clarify some compliance and monitoring
issues raised by several entities affected by the final rule.
DATES: Comments. Written comments must be received by October 23, 2006.
Public Hearing. A public hearing will be held on September 21,
2006. For further information on the public hearing and requests to
speak, see the ADDRESSES section of this preamble.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2004-0022, by one of the following methods:
? Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
? E-mail: a-and-r-docket@epa.gov.
? Fax: 202-566-1741.
? Mail: U.S. Postal Service, send comments to: HQ EPA Docket
Center (6102T), Attention Docket ID No. EPA-HQ-OAR-2004-0022, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total
of two copies. We request that you also send a separate copy of each
comment to the contact person listed below (see FOR FURTHER INFORMATION
CONTACT).
? Hand Delivery: In person or by courier, deliver comments
to: HQ EPA Docket Center (6102T), Attention Docket ID No. EPA-HQ-OAR-
2004-0022, 1301 Constitution Avenue, NW., Room B-108, Washington, DC
20004. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. Please include a total of two copies.
We request that you also send a separate copy of each comment to the
contact person listed below (see FOR FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2004-0022. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal information
provided, unless the comments include information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. Send or deliver information identified
as CBI to only the following address: Ms. LaShan Haynes, RCRA Document
Control Officer, EPA (Mail Code 5305W), Attention Docket ID No. EPA-HQ-
OAR-2004-0022, 1200 Pennsylvania Avenue, Washington DC, 20460. Clearly
mark the part or all of the information that you claim to be CBI. The
http://www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through http://www.regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm. We also request
that interested parties who would like information they previously
submitted to EPA to be considered as part of this reconsideration
action identify the relevant information by docket entry numbers and
page numbers.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
the disclosure of which is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the HQ EPA
Docket Center, Docket ID No. EPA-HQ-OAR-2004-0022, EPA West Building,
Room B-102, 1301 Constitution Ave., NW., Washington, DC 20004. This
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The HQ EPA Docket Center telephone
number is (202) 566-1742. 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. A
reasonable fee may be charged for copying docket materials.
Note: The EPA Docket Center suffered damage due to flooding
during the last week of June 2006. The Docket Center is continuing
to operate. However, during the cleanup, there will be temporary
changes to Docket Center telephone numbers, addresses, and hours of
operation for people who wish to make hand deliveries or visit the
Public Reading Room to view documents. Consult EPA's Federal
Register notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at
http://www.epa.gov/epahome/dockets.htm for current information on
docket operations, locations and telephone numbers. The Docket
Center's mailing address for U.S. mail and the procedure for
submitting comments to http://www.regulations.gov are not affected by the
flooding and will remain the same.
Public Hearing. The public hearing will run from 9 a.m. to 5 p.m.,
Eastern standard time, and will be held at the Two Potomac Yard
building, 2733 S. Crystal Drive, Arlington, Virginia, 22202. Persons
interested in attending the hearing or wishing to present oral
testimony should notify Mr. Frank Behan at least 2 days in advance of
the public hearing (see FOR FURTHER INFORMATION CONTACT section of this
preamble). The public hearing will provide interested parties the
opportunity to present data, views, or arguments concerning this
notice. If no one contacts Mr. Behan in advance of the hearing with a
request to present oral testimony at the hearing, we will cancel the
hearing. The record for this action will remain open for 30 days after
the date of the hearing to accommodate submittal of information related
to the public hearing.
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FOR FURTHER INFORMATION CONTACT: For more information on this
rulemaking, contact Frank Behan at (703) 308-8476, or
behan.frank@epa.gov, Office of Solid Waste (MC: 5302W), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
SUPPLEMENTARY INFORMATION:
Outline. The information presented in this preamble is organized as
follows:
I. General Information
A. Does This Proposed Rule Apply to Me?
B. How Do I Obtain a Copy of This Document and Other Related
Information?
C. What Should I Consider as I Prepare My Comments for EPA?
II. Background
III. Summary of This Action
IV. Discussion of Issues Subject to Reconsideration
A. Subcategorization of Liquid Fuel Boilers by Heating Value
B. Correcting Total Chlorine (TCl) Data to 20 ppmv
C. Use of PS-11 and Procedure 2 as Guidance for Extrapolating
the Alarm Set-Point of a Particulate Matter Detection System (PMDS)
D. Tie-Breaking Procedure for New Source Standards
E. Beyond-the-Floor Analyses to Consider Multiple HAP That Are
Similarly Controlled
F. Dioxin/Furan Standard for Incinerators With Dry Air Pollution
Control Devices
G. Provisions of the Health-Based Compliance Alternative
V. Other Proposed Amendments
A. Sunset Provision for the Interim Standards
B. Operating Parameter Limits for Sources With Fabric Filters
C. Confirmatory Performance Testing Not Required for Sources
That Are Not Subject to a Numerical Dioxin/Furan Emission Standard
D. Periodic Performance Tests for Phase I Sources
E. Performance Test Waiver for Sources Subject to Hazardous
Waste Thermal Concentration Limits
F. Averaging Method When Calculating 12-Hour Rolling Average
Thermal Concentration Limits
G. Calculating Rolling Averages for Averaging Periods in Excess
of 12 Hours
H. Calculating Rolling Averages
I. Timing of the Periodic Review of Eligibility for the Health-
Based Compliance Alternatives for Total Chlorine
J. Expressing Particulate Matter Standards Using the
International System of Units (SI)
K. Mercury Standards for Cement Kilns
L. Facilities Operating Under RCRA Interim Status
VI. Revised Time Lines
VII. Technical Corrections and Other Clarification
A. What Typographical Errors Would We Correct?
B. What Citations Would We Correct?
C. Corrections to the NIC Provisions for New Units
D. Clarification of the Applicability of Title V Permit
Requirements to Phase 2 Area Sources
VIII. 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 of 1995
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 Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
I. General Information
A. Does This Proposed Rule Apply to Me?
Categories and entities potentially affected by this action include:
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Examples of potentially
Category NAICS code SIC code regulated entities
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Any industry that combusts hazardous 562211.......................... 4953 Incinerator, hazardous
waste as defined in the final rule. waste.
327310.......................... 3241 Cement manufacturing,
clinker production.
327992.......................... 3295 Ground or treated
mineral and earth
manufacturing.
325............................. 28 Chemical Manufacturers.
324............................. 29 Petroleum Refiners.
331............................. 33 Primary Aluminum.
333............................. 38 Photographic equipment
and supplies.
488, 561, 562................... 49 Sanitary Services,
N.E.C.
421............................. 50 Scrap and waste
materials.
422............................. 51 Chemical and Allied
Products, N.E.C.
512, 541, 561, 812.............. 73 Business Services,
N.E.C.
512, 514, 541, 711.............. 89 Services, N.E.C.
924............................. 95 Air, Water and Solid
Waste Management.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be impacted by this
action. This table lists examples of the types of entities EPA is now
aware could potentially be regulated by this action. Other types of
entities not listed could also be affected. To determine whether your
facility, company, business, organization, etc., is affected by this
action, you should examine the applicability criteria in 40 CFR
63.1200. If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
B. How Do I Obtain a Copy of This Document and Other Related Information?
In addition to being available in the docket, an electronic copy of
today's proposed rule will also be available on the Worldwide Web
(WWW). Following the Administrator's signature, a copy of this document
will be posted on the WWW at http://www.epa.gov/hwcmact. This Web site
also provides other information related to the NESHAP for hazardous
waste combustors.
C. What Should I Consider as I Prepare My Comments for EPA?
Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not
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contain the information claimed as CBI must be submitted for inclusion
in the public docket. Information so marked will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2.
Tips for Preparing Your Comments. When submitting comments,
remember to:
? Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
? Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
? Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
? Describe any assumptions and provide any technical
information and/or data that you used.
? If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow it to be
reproduced.
? Provide specific examples to illustrate your concerns, and
suggest alternatives.
? Explain your views as clearly as possible.
? Make sure to submit your comments by the comment period
deadline identified.
II. Background
Section 112 of the CAA requires that we establish NESHAP for the
control of hazardous air pollutants (HAP) from both new and existing
major sources. Major sources of HAP are those stationary sources or
groups of stationary sources that are located within a contiguous area
under common control that emit or have the potential to emit
considering controls, in the aggregate, 10 tons per year (tpy) or more
of any one HAP or 25 tpy or more of any combination of HAP. The CAA
requires the NESHAP to reflect the maximum degree of reduction in
emissions of HAP that is achievable. This level of control is commonly
referred to as MACT (for Maximum Achievable Control Technology). See
CAA section 112(d)(2).
The so-called MACT floor is the minimum control level allowed for
NESHAP and is defined under section 112(d)(3) of the CAA. In essence,
the MACT floor ensures that the standards are set at a level that
assures that all major sources achieve the level of control at least as
stringent as that already achieved by the better-controlled and lower-
emitting sources in each source category or subcategory. For new
sources, the MACT floor cannot be less stringent than the emission
control that is achieved in practice by the best-controlled similar
source. The MACT standards for existing sources can be less stringent
than standards for new sources, but they cannot be less stringent than
the average emission limitation achieved by the best-performing 12
percent of existing sources in the category or subcategory for which
the Administrator has emissions information (where there are 30 or more
sources in a category or subcategory).
In developing MACT standards, we also must consider control options
that are more stringent than the floor. We may establish standards more
stringent than the floor based on the consideration of the cost of
achieving the emissions reductions, any health and environmental
impacts, and energy requirements. See CAA section 112(d)(2). We call
these standards beyond-the-floor standards.
We proposed NESHAP for hazardous waste combustors on April 20, 2004
(69 FR 21198), and we published the final rule on October 12, 2005 (70
FR 59402). The preamble for the proposed rule described the rationale
for the proposed rule and solicited public comments. We received over
75 public comment letters on the proposed hazardous waste combustor
rule. Comments were submitted by industry trade associations, owners
and operators of hazardous waste combustors, environmental groups, and
State regulatory agencies and their representatives. We summarized the
major public comments on the proposed rule and our responses to public
comments in the preamble to the final rule and in a separate,
supporting ``response to comments'' document. See 70 FR at 59426 and
docket items EPA-HQ-OAR-2004-0022-0437 through 0445.
Following promulgation of the hazardous waste combustor final rule,
the Administrator received four petitions for reconsideration, pursuant
to section 307(d)(7)(B) of the CAA, from Ash Grove Cement Company, the
Cement Kiln Recycling Coalition (CKRC), the Coalition for Responsible
Waste Incineration (CRWI), and the Sierra Club.\1\ Under this section
of the CAA, the Administrator must initiate reconsideration proceedings
with respect to provisions that are of central relevance to the rule at
issue if the petitioner shows that it was impracticable to raise an
objection to a rule within the public comment period or that the
grounds for the objection arose after the public comment period but
within the period for filing petitions for judicial review.
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\1\ These petitions are included in the docket for this
proposal. See items EPA-HQ-OAR-2004-0022-0516 thru 0519. EPA also
received petitions from Ash Grove Cement Company and the CKRC,
Continental Cement Company, and Giant Cement Holding, Inc.
requesting that we stay the effective date of the particulate matter
standard for new cement kilns. See items EPA-HQ-OAR-2004-0022-0521
and 0523. In a notice published on March 23, 2006, EPA granted a
temporary three-month administrative stay while the particulate
matter standard is under reconsideration. See 71 FR 14655. In
addition, five petitions for judicial review of the final rule were
filed with the U.S. Court of Appeals for the District of Columbia
Circuit by the following entities: Ash Grove Cement Company, CKRC,
CRWI, the Environmental Technology Council, and the Sierra Club.
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On March 23, 2006, EPA published a proposed rule granting
reconsideration of one issue--the particulate matter (PM) standard for
new cement kilns--raised in the petitions of Ash Grove Cement Company
and CKRC. See 71 FR 14665. We intend to take final action on this
reconsideration issue as expeditiously as possible.
III. Summary of This Action
In today's notice, we are granting reconsideration of certain
issues raised by petitioners. We summarize below our responses to
petitions for reconsideration and provide detailed discussions in
Section IV of this preamble of the petitions we are granting. We also
are today proposing other amendments to correct or clarify provisions
of the final rule. See discussion in Section V of the preamble. We also
are presenting revised pictorial time lines (from those provided in the
final rule) that highlight various milestones of the MACT compliance
process. See discussion in Section VI of the preamble. Finally, we are
providing advance notice of technical corrections that we plan to
promulgate when we take final action on the amendments proposed today.
See discussion in Section VI below.
We are granting reconsideration of several issues (that are of
central relevance to the rule's outcome) raised by Sierra Club, the
Cement Kiln Recycling Coalition (CKRC),\2\ and the Coalition for
Responsible Waste Incineration (CRWI). Accordingly, we are requesting
comment on specific provisions of Subpart EEE of 40 CFR part 63: (1)
Subcategorization of liquid fuel boilers; (2) correcting total chlorine
emissions data below 20 ppmv; (3) use of PS-11 as a reference to
develop alarm set-point extrapolation procedures for particulate matter
detection systems
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(PMDS); (4) approach to identify the best performing single source when
two or more sources are tied for the lowest aggregate SRE/feedrate
score; (5) beyond-the-floor analyses to consider multiple HAP that are
controlled by a single control mechanism; (6) use of post-proposal data
to identify the dioxin/furan standard for incinerators with dry air
pollution control devices or waste heat boilers; and (7) three
provisions of the health-based compliance alternative for total
chlorine. See discussion of these topics in Section IV below.
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\2\ Ash Grove Cement Company also submitted to EPA a petition
for reconsideration. Ash Grove Cement's petition incorporated by
reference the petition of the CKRC.
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We are proposing changes to several other provisions in light of
petitioners' concerns or upon our own review, and also are requesting
comment on these proposed changes.
We are not reconsidering the remaining issues raised by Sierra Club
and CKRC \3\ and have included in the docket to this rulemaking letters
explaining our rationale to deny reconsideration. In summary:
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\3\ Note that, as discussed in Section II above, we previously
granted CKRC's request to reconsider the particulate matter standard
for new cement kilns given that new data indicate the single best
performing source could not achieve the new source standard.
Accordingly, we issued a stay of the new source standard for
particulate matter for cement kilns (71 FR 14655 (March 23, 2006))
and proposed to revise the new source standard for particulate
matter for cement kilns and make corresponding revisions to the new
source standards for incinerators and liquid fuel boilers (71 FR
14665 (March 23, 2006)).
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1. We deny Sierra Club's petition regarding our use of normal
emissions data, in addition to compliance test and in-between data, in
the regression analysis to calculate the baghouse universal variability
factor (UVF) for particulate matter. Among other things, including
normal data results in imputing a lower standard deviation for
particulate matter emissions variability, rather than a higher standard
deviation as Sierra Club incorrectly surmised.
2. We deny CKRC's petition regarding its concern that
subcategorizing liquid fuel boilers using a waste heating value
criterion of 10,000 Btu/lb to distinguish between boilers that are
burning waste entirely for energy recovery versus boilers that are
burning waste fuels at least in part for treatment is inconsistent with
the Agency's policy \4\ that wastes with a heating value greater than
5,000 Btu/lb are burned for energy recovery. The 5,000 Btu/lb criterion
for burning for energy recovery is a policy providing guidance on when
combustors are considered to burn hazardous waste as fuel that carries
specific regulatory implications. This criterion is not in any way
affected by the 10,000 Btu/lb criterion for subcategorizing liquid fuel
burners to establish MACT standards. The 10,000 Btu/lb criterion
divides liquid fuel burners into two categories based on the heating
value of the hazardous waste they burn, and is in no way intended to
replace the longstanding 5,000 Btu/lb criterion for energy recovery.
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\4\ See 48 FR at 49166-167 (March 16, 1983). Note that we
discuss in Section IV.A.2 below that, under the policy, we presume
wastes with a heating value of 5,000 Btu/lb or greater are burned
for energy recovery in a boiler or industrial furnace and
acknowledge that sources may be able to document that wastes with a
heating value below 5,000 Btu/lb are also burned for energy recovery
in particular situations.
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3. We deny Sierra Club's petitions to reconsider the following
provisions because the additional reasons we provide in the final rule
to support the provisions, or the information we use to support the
provision, are corroborative of information and rationales already
presented for public comment at proposal and therefore do not justify
reconsideration. The additional reasons embellish the rationale we
presented at proposal, generally in response to comments.
? Use of particulate matter as a surrogate for nonenumerated metals;
? Use of CO/HC as a surrogate for dioxin/furan and as a
surrogate for non-dioxin/furan organic HAP for Phase II sources
? Use of variability factors in setting MACT Floors;
? Approach to establishing the dioxin/furan standard for
cement kilns and for incinerators equipped with a wet particulate
matter air pollution control device or no air pollution control device;
? Subcategorization of incinerators to establish separate
dioxin/furan standards for incinerators equipped with a dry particulate
matter air pollution control device and those without a dry particulate
matter air pollution control device;
? Approach to establishing the mercury standard for cement
kilns using waste concentration data;
? Approach to evaluating a beyond-the-floor standard for
total chlorine for cement kilns; and
? Decision not to promulgate beyond-the-floor standards for
total chlorine for lightweight aggregate kilns and solid fuel boilers
using dry scrubbing.
4. We deny Sierra Club's petition that we reconsider the use of CO/
HC as surrogates for non-dioxin/furan organic HAP for Phase I sources
in this rulemaking. As we explained at proposal, we view the carbon
monoxide, hydrocarbon, and destruction and removal efficiency standards
as unaffected by the Court's vacature of the September 1999
``challenged regulations'' (see Cement Kiln Recycling Coalition v. EPA,
255 F. 3d 855, 872 (D.C. Cir. 2001)) for Phase I sources, since these
rules were not challenged. See 69 FR at 21221. We therefore did not
repropose those standards, and did not consider comments that they be
revised as part of this rulemaking.\5\
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\5\ Sierra Club has also filed a petition for judicial review
that challenges the use of CO/HC as a surrogate for non-dioxin/furan
for Phase II sources. Although we believe this surrogate approach is
appropriate, if our position is not upheld we would rethink this
surrogate approach for Phase I sources as well because the rationale
is the same for all hazardous waste combustor source categories.
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IV. Discussion of Issues Subject to Reconsideration
Stakeholders who would like for us to reconsider comments they
submitted to us previously and that are relevant to the reconsideration
issues presented below should identify the relevant docket entry
numbers and page numbers of their comments to facilitate expeditious
review during the reconsideration process. We plan to take final action
on today's reconsideration as expeditiously as possible.
A. Subcategorization of Liquid Fuel Boilers by Heating Value
In the final rule, we redefined the liquid fuel boiler subcategory
into two separate boiler subcategories based on the heating value of
the hazardous waste they burn: Those that burn waste with a heating
value below 10,000 Btu/lb, and those that burn hazardous waste with a
heating value of 10,000 Btu/lb or greater. See 70 FR at 59422. Sources
would shift from one subcategory to the other depending on the heating
value of the hazardous waste burned at the time. Id. at 59476.
Sierra Club petitioned for reconsideration stating that EPA
developed this subcategorization approach after the period for public
comment and, thus, did not provide notice and opportunity for public
comment.\6\ We are granting reconsideration of this provision because
we determined that subcategorization of liquid fuel boilers was
appropriate in response to comments on the proposed rule, after the
period for public comment as Sierra Club states. Furthermore,
subcategorization significantly impacted the development of the
emission standards for liquid fuel boilers. Consequently, we are
accepting further comment on this approach to subcategorization but are
not proposing to change the approach. We believe the
[[Page 52628]]
subcategorization approach is warranted for the reasons provided in the
final rule and restate them below. Nonetheless, we are open to comment
and will determine whether a change is warranted.
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\6\ See letter from James Pew to Stephen Johnson, dated December
12, 2005, Section II, docket item EPA-HQ-OAR-2004-0022-0517.
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1. Rationale for Subcategorization
We explained in the final rule that we selected normalizing
parameters for emission standards that best fit the input to the
combustion device. See 70 FR at 59451. We used a thermal normalizing
parameter (i.e., expressing the standards in terms of amount of HAP
contributed by hazardous waste per thermal content of hazardous waste)
where hazardous waste is being used in energy-recovery devices as a
fuel. This avoided the necessity of subcategorizing based on unit size.
At proposal we used the thermal emissions format for the liquid
fuel boiler standards. See 69 FR at 21283. Commenters on the proposed
rule pointed out, however, that some liquid fuel boilers burn lower Btu
hazardous waste because that is the only waste available, and those
boilers with waste that has a low heating value are, in their words,
``penalized,'' compared to those boilers with waste that has a high(er)
heating value. Also, since these are not commercial combustion units,
they normally lack the opportunity to blend wastes of different heating
values to result in as-fired high heating value fuels. If all liquid
fuel boiler standards were normalized by hazardous waste heating value,
sources with lower heating value waste must either reduce the mass
concentration of HAP or increase the waste fuel heating value (or
increase the system removal efficiency) compared to sources with wastes
having the same mass concentration of HAP but higher heating value. See
70 FR at 59475. These measures would be problematic, however.
Increasing the waste fuel heating value or decreasing the mass
concentration of HAP in the waste is generally not possible because
boilers burn the waste generated by their facility--they are not
commercial combustion units. Decreasing the mass emission rate of HAP
by increasing the system removal efficiency would require boilers
burning lower heating value waste to incur costs to control HAP mass
emission rates to levels lower than required for boilers at facilities
that happen to generate waste with a higher heating value.
Moreover, the thermal normalizing parameter is not well suited for
a hazardous waste that is not burned entirely for its fuel value. In
cases where the lower heating value waste is burned, the boiler may be
serving in part as a treatment device for the lower heating value
hazardous waste. When this occurs, the better normalizing parameter is
the unit's gas flow (a different means of accounting for sources of
different size), where the standard is expressed as amount of HAP per
volume of gas flow (the same normalizing parameter used for most of the
other standards promulgated in the final rule.)
Given these concerns, we established two subcategories among the
liquid fuel boilers: Those burning high and those burning low heating
value hazardous waste. The normalizing parameter for sources burning
lower energy hazardous waste is the same parameter used for the other
hazardous waste treatment devices, gas flow rate, so that the standard
would be expressed as concentration of HAP per volume of gas flow (a
concentration-based form of the standard.) The normalizing parameter
for sources burning higher energy content hazardous waste is the
thermal parameter used for energy recovery devices, such as cement
kilns and lightweight aggregate kilns. For the purposes of calculating
MACT floors, the best performers are drawn from those liquid fuel
boilers burning lower energy hazardous waste for the lower heating
value subcategory, and from those liquid fuel boilers burning higher
energy hazardous waste for the higher heating value subcategory. (See
Section 23.2 of Volume III of the Technical Support Document for more
information.)
Moreover, liquid fuel boilers are not irrevocably placed in one or
the other of these subcategories. Rather, the source is subject to the
standard for one or the other of these subcategories based on the as-
fired heating value of the hazardous waste it burns at a given time.
Thus, when the source is burning for energy recovery, then the thermal
emissions-based standards apply. When the source is burning at least in
part for thermal destruction, then the concentration based standard
apply. This approach is similar to how we have addressed the issue of
normalization in other rules where single sources switch back and forth
among inputs that are sufficiently different to warrant separate
classification.
2. Selection of the Heating Value Threshold
We next considered what an appropriate as-fired heating value would
be for each liquid fuel boiler subcategory and adopted a value of
10,000 Btu/lb as the threshold for subcategorization. This is
approximately the heating value of commercial liquid fossil fuels. See
63 FR at 33782, 33788 (June 19, 1998). It is also typical of current
hazardous waste burned for energy recovery. Id. Moreover, EPA has used
this value in its comparable fuel specification as a means of
differentiating fuels from waste. See id. and Table 1 to 40 CFR 261.38,
showing that EPA normalizes all constituent concentrations to a 10,000
Btu/lb level in its specification for differentiating fuels from wastes.
We next examined the liquid waste fuel being burned at cement kilns
and lightweight aggregate kilns, that burn hazardous waste fuels to
drive the process chemistry to produce products, to cross-check whether
10,000 Btu/lb is a reasonable demarcation value for subcategorizing
liquid fuel boilers for the purposes of this MACT. We observed that
10,000 Btu/lb in practice is the minimum heating value (or close to the
minimum value) found in burn tank and test report data we have for
cement kilns and lightweight aggregate kilns.\7\ Therefore, we believe
the cement kiln and light weight aggregate kiln data confirm that this
is an appropriate cutpoint for subcategorizing boilers, since cement
kilns and lightweight aggregate kilns are energy recovery devices that
blend hazardous wastes into a consistent, high heating value fuel for
energy recovery in their manufacturing process.
---------------------------------------------------------------------------
\7\ The cement kiln burn tank data and test report data shows
the minimum heating values of 9,900 and 10,000 Btu/lb, respectively,
for the hazardous waste. The minimum lightweight aggregate kiln
heating values for hazardous waste was 10,000 Btu/ lb, excluding the
Norlite source.
---------------------------------------------------------------------------
We then separated the liquid fuel boiler emissions data we had into
two groups, sources burning hazardous waste fuel with less than 10,000
Btu/lb and all other liquid fuel boilers, and performed separate MACT
floor analyses. (See Sections 13.4, 13.6, 13.7, 13.8, and 22 of Volume
III of the Technical Support Document.) We calculated concentration-
based MACT standards for these sources from their respective mercury,
semivolatile metals, chromium, and total chlorine data.
The regulatory language implementing this subcategorization
approach is provided in Sec. Sec. 63.1209(l)(1)(ii), 63.1209(n)(2)(v),
63.1209(o)(1)(ii), and 63.1217.
B. Correcting Total Chlorine (TCl) Data to 20 ppmv
In the final rule, we corrected all the total chlorine measurements
in the data base that were below 20 ppmv to account for potential
systemic negative biases in the Method 0050 data. See
[[Page 52629]]
70 FR at 59427-29.\8\ Sierra Club petitioned for reconsideration stating
that EPA corrected the total chlorine measurements in response to
comments on the proposed rule--after the period for public comment--and
used the corrected data to revise the total chlorine emission standards.\9\
---------------------------------------------------------------------------
\8\ See also USEPA, ``Technical Support Document for HWC MACT
Standards, Volume III: Selection of MACT Standards,'' Section 5.5,
September 2005.
\9\ See letter from James Pew to Stephen Johnson, dated December
12, 2005, Section IV, docket item EPA-HQ-OAR-2004-0022-0517.
---------------------------------------------------------------------------
We are granting reconsideration of our approach to account for
these method biases to assess the true performance of the best
performing sources. Reconsideration is appropriate because, as Sierra
Club states, we determined to correct the total chlorine data after the
period for public comment on the proposed rule, and correcting the data
significantly impacted the development of the total chlorine emission
standards.
To account for the bias in the method, we corrected all total
chlorine emissions data that were below 20 ppmv to 20 ppmv. We
accounted for within-test condition emissions variability for the
corrected data by imputing a standard deviation that is based on a
regression analysis of run-to-run standard deviation versus emission
concentration for all data above 20 ppmv. This approach of using a
regression analysis to impute a standard deviation is similar to the
approach we used to account for total variability (i.e., test-to-test
and within test variability) of PM emissions for sources that use
fabric filters.
Under today's reconsideration notice, we are accepting further
comment on this approach to address method bias but are not proposing
to change the approach. We believe this data correction approach is
warranted for the reasons provided in the final rule and restate them
below. Nonetheless, we are open to comment and will determine whether a
change is warranted.
1. Effect of Moisture Vapor
Commenters on the proposed rule implied that stack gas with high
levels of gas phase water vapor will inherently have the potential to
be biased low, particularly at emissions less than 20 ppmv. We
concluded that there is no basis for claiming that water vapor, per se,
causes a bias in SW-846 Method 0050 or its equivalent, Method 26A.
Condensed moisture (i.e., water droplets), however, can cause a bias
because it can dissolve hydrogen chloride in the sampling train and
prevent it from being captured in the impingers if the sampling train
is not properly purged. Water droplets can potentially be present due
to entrainment from the wet scrubber, condensation in cooler regions of
the stack along the stack walls, and entrainment from condensed
moisture dripping down the stack wall across the inlet duct opening.
Although Method 0050 addresses the water droplet issue by use of a
cyclone and 45 minute purge, a study by Steger \10\ concludes that a 45
minute purge is not adequate to evaporate all water collected by the
cyclone in stacks with a total moisture content (vapor and condensed
moisture) of 7 to 9%. At those moisture levels, Steger documented the
negative bias that commenters reference. See 70 FR at 59427. Steger's
recommendation was to increase the heat input to the sample train by
increasing the train and filter temperature from 120 [deg]C (248
[deg]F) to 200 [deg]C (392 [deg]F). We agree that increasing the probe
and filter temperature will provide a better opportunity to evaporate
any condensed moisture, but another solution to the problem is to
require that the post-test purge be run long enough to evaporate all
condensed moisture. That is the approach used by Method 26A, that EPA
promulgated after Method 0050, and that sources must use to demonstrate
compliance with the final standards. Method 26A uses an extended purge
time rather than elevating the train temperature to address condensed
moisture because that approach can be implemented by the stack tester
at the site without using nonstandard equipment.
---------------------------------------------------------------------------
\10\ Steger, J.L., et al., ``Laboratory Evaluation of Method
0050 for Hydrogen Chloride'', Proc of 13th Annual Incineration
Conference, Houston, TX, May 1994.
---------------------------------------------------------------------------
We attempted to quantify the level of condensed moisture in the
Steger study and to compare it to the levels of condensed moisture that
may be present in hazardous waste combustor stack gas. This would
provide an indication if the bias that Steger quantified with a 45
minute purge might also be applicable to some hazardous waste
combustors. We concluded that this comparison would be problematic,
however, because: (1) Given the limited information available in the
Steger paper, it is difficult to quantify the level of condensed
moisture in his gas samples; and (2) we cannot estimate the levels of
condensed moisture in hazardous waste combustor stack gas because, even
though condensed moisture may have been present during a test, method
protocol is to report the saturation moisture level only (i.e., the
amount of water vapor present), and not the total moisture content
(i.e., both condensed and vapor phase moisture).
We did conclude, however, that, if hazardous waste combustor stack
gas were to contain the levels of condensed moisture present in the gas
that Steger tested, the 45 minute purge required by Method 0050 would
not be sufficient to avoid a negative bias. We also concluded that this
is potentially a practical issue and not merely a theoretical concern
because, as commenters note, hazardous waste combustors that use wet
scrubbers are often saturated with water vapor that will condense if
the flue gas cools.
2. Data From Wet Stacks When a Cyclone Was Not Used
The data for total chlorine underlying EPA's proposal came
exclusively from compliance testing. Commenters on the proposed rule
stated that Method 0050 procedures for addressing water droplets
(adequate or not, as discussed above) were not followed in many cases
because a low bias below 20 ppmv was not relevant to demonstrating
compliance with standards on the order of 100 ppmv. We do not know
which data sets may be problematic because, as previously stated, the
moisture concentration reported was often the saturation (vapor phase
only) moisture level and not the total (vapor and liquid) moisture in
the flue gas. We also have no documentation that a cyclone was used--
even in situations where the moisture content was documented to be
above the dew point. We therefore concluded that all data below 20 ppmv
from sources controlled with a wet scrubber are suspect and should be
corrected.
3. Potential Bias Due to Filter Affinity for Hydrogen Chloride
Studies by the American Society of Testing and Materials indicate
that the filter used in the Method 0050 train (and the M26/26A trains)
may adsorb/absorb hydrogen chloride and cause a negative bias at low
emission levels. (See ASTM D6735-01, section 11.1.3 and ``note 2'' of
section 14.2.3.) This inherent affinity for hydrogen chloride can be
satisfied by preconditioning the sampling train for one hour. None of
the tests in our database were preconditioned in such a manner.
We are normally not concerned about this type of bias because we
would expect the bias to apply to all sources equally (e.g., wet or dry
gas) and for all subsequent compliance tests. In other words, we are
ordinarily less concerned if a standard is based on biased data, as
long as the means by which the standard was developed and the means
[[Page 52630]]
of compliance would experience identical bias (since the level of
control would be reflected accurately). However, because we corrected
the wet gas measurements below 20 ppmv to address the potential low
bias caused by condensed moisture, this correction also corrected for
any potential bias caused by the filter's inherent affinity for
hydrogen chloride. This resulted in a data set that is only partially
corrected for this issue--sources with wet stacks were corrected for
this potential bias while sources with dry stacks were not corrected.
To address this unacceptable mix of potentially biased and unbiased
data (i.e., dry gas data biased due to affinity of filter for hydrogen
chloride and wet gas data corrected for condensed moisture and affinity
of filter for hydrogen chloride), we also corrected total chlorine
measurements from dry gas stacks (i.e., sources that do not use wet
scrubbers).
4. Deposition of Alkaline Particulate on the Filter
Commenters on the proposed rule were also concerned that hydrogen
chloride may react with alkaline compounds from the scrubber water
droplets that are collected on the filter ahead of the impingers.
Commenters suggested this potential cause for a low bias at total
chlorine levels below 20 ppmv is another reason not to use measurements
below 20 ppmv to establish the standards. Although alkaline particulate
deposition on the method filter causing a negative bias is a much
greater concern for sources that have stack gas containing high levels
of alkaline particulate (e.g., cement kilns, sources equipped with dry
scrubbers), we agreed with commenters that this may be of concern for
all sources equipped with wet scrubbers. Our approach to correct all
data below 20 ppmv addressed this concern.
5. Decision Unique to Hazardous Waste Combustors
We note that the rationale for correcting total chlorine data below
20 ppmv to account for the biases discussed above is unique to the
hazardous waste combustor MACT rule. Some sources apparently did not
follow Method 0050 procedures to minimize the low bias caused by
condensed moisture for understandable reasons. Even if sources had
followed Method 0050 procedures to minimize the bias (i.e., cyclone and
45 minute purge) there still may have been a substantial bias because
of insufficient purge time, as Steger's work may indicate. We note that
the total chlorine stack test method used by sources other than
hazardous waste combustors--Method 26A--requires that the cyclone and
sampling train be purged until all condensed moisture is evaporated. We
believed it was necessary to correct our data below 20 ppmv data
because of issues associated exclusively with Method 0050 and how it
was used to demonstrate compliance with these sources.
6. Determining Variability for Data at 20 ppmv
Correcting those total chlorine data below 20 ppmv to 20 ppmv
brought about a situation identical to the one we confronted with
nondetect data. See 70 FR at 59464-66. The corrected emissions data for
the MACT pool of best performing source(s) were now generally the same
values--20 ppmv. This had the effect of understating the variability
associated with these data. To address this concern, we took an
approach similar to the one we used to determine variability of PM
emissions for sources equipped with a fabric filter. In that case, we
performed a linear regression on the data, charting variability against
emissions, and used the variability that resulted from the linear
regression analysis as the variability for the sources' average
emissions. In this case, most or all of the incinerator and liquid fuel
boiler sources in the MACT pool had (corrected) average emissions of
TCl at or near 20 ppmv. We therefore performed a linear regression on
the total chlorine data charting average test condition results above
20 ppmv against the variability associated with that test condition.
The variability associated with 20 ppmv was the variability we used for
incinerator and liquid fuel boiler data sets affected by the 20 ppmv
correction.
We also considered using the statistical imputation approach we
used for nondetect values. See 70 FR at 59464. The statistical
imputation approach for correcting data below 20 ppmv without dampening
variability would involve imputing a value between the reported value
and 20 ppmv because the ``true'' value of the biased data would lie in
this interval. This approach would be problematic, however, given that
many of the reported values were much lower than 20 ppmv; our
statistical imputation approach would tend to overestimate the run to
run variability. Consequently, we concluded that a regression analysis
approach would be more appropriate. A regression analysis is
particularly pertinent in this situation because: (1) We consider data
above 20 ppmv used to develop the regression to be unbiased; and (2)
all the corrected data averages for which we imputed a standard
deviation from the regression curve are at or near 20 ppmv. Thus, any
potential concern about downward extrapolation from the regression was
minimized.
We note that, although a regression analysis is appropriate to
estimate run-to-run variability for the corrected total chlorine data,
we could not use a linear regression analysis to address variability of
nondetect values. To estimate a standard deviation from a regression
analysis, we would need to know the test condition average emissions.
This would not be feasible, however, because some or all of the run
measurements for a test condition are nondetect. In addition, we were
concerned that a regression analysis would not accurately estimate the
standard deviation at low emission levels because we would have to
extrapolate the regression downward to levels where we have few
measured data (i.e., data other than nondetect). Moreover, the
statistical imputation approach is more suitable for handling
nondetects because the approach calculates the run-to-run variability
by taking into account the percent nondetect for the emissions for each
run.\11\ A regression approach would be difficult to apply particularly
in the case of test conditions containing partial nondetects or a mix
of detect and nondetect values. Given these concerns with using a
regression analysis to estimate the standard deviation of test
conditions with runs that have one or more nondetect (or partial
nondetect) measurements, we concluded that the statistical imputation
approach best assures that the calculated floor levels account for run-
to-run emissions variability.
---------------------------------------------------------------------------
\11\ For multi-constituent HAP (e.g., semi-volatile metals) the
emissions for a run could be comprised of fully detected values for
some HAP and detection limits for other HAP that were nondetect.
---------------------------------------------------------------------------
C. Use of PS-11 and Procedure 2 as Guidance for Extrapolating the Alarm
Set-Point of a Particulate Matter Detection System (PMDS)
Petitioner CKRC asks that EPA reconsider its references to
Performance Specification 11 (PS-11) and Procedure 2 in the particulate
matter detection system (PMDS) provisions of the final rule. We are
granting reconsideration because we developed the procedures for
extrapolating the alarm set-point for PMDS, that included references to
PS-11 and Procedure 2, in response to comments on the proposed rule and
after the period for public comment. See 70 FR at 59490.
[[Page 52631]]
CKRC also states that the reference to PS-11 for particulate matter
CEMS (40 CFR part 60, appendix B) and Procedure 2 (Appendix F, Part 60)
for use as guidance to implement provisions to extrapolate the alarm
set-point of a PMDS may effectively prevent its members from utilizing
this option due to significant technical difficulties and excessive
costs.\12\ See Sec. 63.1206(c)(9)(iii)(B). CKRC further states that
PS-11 and Procedure 2 contain a number of problems as they would apply
to cement kilns. CKRC's petition does not identify any such problems or
technical difficulties, however, and only notes that it has filed a
petition for review in the U.S. Court of Appeals for the D.C. Circuit
challenging EPA's final rule adopting PS-11 and Procedure 2, which case
is being held in abeyance.
---------------------------------------------------------------------------
\12\ See letter from David P. Novello to Stephen L. Johnson
regarding ``Petition for Reconsideration of Certain Provisions of
Hazardous Waste Combustor MACT Replacement Standards Rule,'' dated
December 9, 2005, p. 9, docket item EPA-HQ-OAR-2004-0022-0520.
---------------------------------------------------------------------------
Finally, CKRC states that use of a regression analysis approach to
extrapolate the alarm set-point is not justified or necessary to
establish an approximate correlation between the particulate matter
detector system response and particulate matter concentrations. CKRC
suggests that an alternative approach would be based on a linear
relationship passing through zero and the mean of the PM comprehensive
performance test results.
When we reviewed the procedures in the final rule for establishing
the set-point in light of CKRC's concerns regarding use of a regression
analysis to extrapolate the set-point and use of PS-11 and Procedure 2
as guidance, we identified several shortcomings of the final rule: (1)
More than the required five test runs would be needed to perform a
meaningful statistical analysis of alternative correlation models to
identify the most appropriate model; (2) a general reference to use PS-
11 and Procedure 2 as guidance is overly broad given that those
provisions pertain to PM continuous emissions monitors (CEMS) and would
not be applicable to PMDS absent a specific PMDS requirement; and (3)
the final rule contemplated establishing the set-point after the
comprehensive performance test and, thus, did not provide for
operations under the Documentation of Compliance. Consequently, we are
today proposing to revise the provisions for establishing the alarm
set-point by extrapolation by: (1) Adding procedures to establish the
alarm set-point for operations under the Documentation of Compliance;
(2) revising procedures to extrapolate the alarm set-point for
operations under the Notification of Compliance; and (3) providing
specific rather than generic references to PS-11 and Procedure 2
provisions that must be followed to extrapolate the alarm set-point.
1. Summary of the PMDS Provisions in the Final Rule
The final rule established revised procedures for establishing the
alarm set-point if you elect to use a particulate matter detector
system (PMDS) in lieu of site-specific operating parameter limits for
compliance assurance \13\ for sources equipped with electrostatic
precipitators and ionizing wet scrubbers, and in lieu of a bag leak
detection system for sources equipped with a baghouse. See 70 FR at
59424 and 59490-91, and Sec. 63.1206(c)(9).\14\ The rule explicitly
allows you to maximize controllable operating parameters during the
comprehensive performance test to account for emissions variability by,
for example, detuning the air pollution control device (APCD) or
spiking ash to establish an alarm set-point that should be routinely
achievable considering controllable parameters. If you elect to use a
PMDS, the rule requires you to establish the set-point either as the
average of the test condition run average detector responses during the
comprehensive performance test or as the extrapolation of the detector
response after approximating the correlation between the detector
response and particulate matter emission concentrations. You may
extrapolate the detector response up to a response value that
corresponds to 50% of the particulate matter emission standard or 125%
of the highest particulate matter concentration used to develop the
correlation, whichever is greater. To establish an approximate
correlation of the detector response to particulate matter emission
concentrations, the rule recommends that you use as guidance
Performance Specification-11 for particulate matter CEMS (40 CFR part
60, appendix B), except that you need conduct only 5 runs to establish
the initial correlation rather than a minimum of 15 runs required by
PS-11. The final rule also recommends that, for quality assurance, you
should use Procedure 2 of Appendix F, Part 60, and the manufacturer's
recommended procedures for periodic quality assurance checks and tests,
except that: (1) You must conduct annual Relative Response Audits as
prescribed by Procedure 2; and (2) you need only conduct Relative
Response Audits on a 3-year interval after passing two sequential
annual Relative Response Audits.
---------------------------------------------------------------------------
\13\ That is, assurance of compliance with the PM emission
standard by continuous monitoring of a surrogate parameter--PMDS
detector response in this case--for PM emission concentrations.
\14\ See also USEPA, ``Technical Support Document for HWC MACT
Standards, Volume IV: Compliance with the HWC MACT Standards,''
September 2005, Appendix C.
---------------------------------------------------------------------------
2. Proposed Procedures To Establish the Set-Point for Operations Under
the Documentation of Compliance
The final rule was silent on how to establish the set-point for
operations under the Documentation of Compliance (i.e., in the interim
between the compliance date and submission of the Notification of
Compliance subsequent to the comprehensive performance test). Under
today's proposal, we would add a new provision that requires you to
obtain a minimum of three pairs of reference method data and PMDS data,
establish a zero point correlation value, and assume a linear
correlation model to extrapolate the alarm set point as the PMDS
response that corresponds to a PM concentration that is 50% of the PM
emission standard or 125% of the highest PM concentration used to
develop the correlation, whichever is greater. The extrapolated
emission concentration could not exceed the PM emission standard.
This is a reasonable approach to establish an interim set-point for
operations prior to conducting the comprehensive performance test to
document compliance with the emission standards. Requiring the
additional testing needed to obtain enough test runs to identify the
actual correlation mode--approximately 12 test runs--would discourage
use of PMDS because of the cost of the additional testing. This is
undesirable because a PMDS should provide better compliance assurance
than the alternatives of operating parameter limits for electrostatic
precipitators (ESPs) and ionizing wet scrubbers (IWSs) and a bag leak
detection system for fabric filters, even if the PMDS is only
approximately correlated with PM concentrations.\15\ In addition, we
note that the actual correlation model that best fits the combustor/
PMDS may in fact be linear or a concave down polynomial, logarithmic,
exponential, or power correlation where PM
[[Page 52632]]
concentrations increase less rapidly than the PMDS response (i.e., such
that assuming a linear correlation would be conservative).
Alternatively, the actual, best-fit correlation model may be nonlinear
and concave up such that a linear correlation assumption would not be
conservative. We specifically request comment on the extent that this
is problematic and approaches to address the issue.
---------------------------------------------------------------------------
\15\ See discussion of the limitations of operating parameter
limits for ESPs and IWSs and bag leak detection systems for fabric
filters (76 FR at 21346-47).
---------------------------------------------------------------------------
The rule would require you to extrapolate from the average of the
test condition run averages rather than from the highest run of the
test condition given that the runs were intended to replicate
controllable operating conditions. This would also provide a more
conservative extrapolation that is appropriate given that you would
assume a linear correlation model, as discussed above.
The rule would allow you to include a zero point correlation value
that you establish under procedures in Section 8.6 (5) of Performance
Specification-11 for PM CEMS (40 CFR part 60, appendix B). Use of a
zero point correlation value is necessary to establish a linear
correlation given that only three test runs would be required and is
consistent with PM CEMS correlation procedures.
In addition, the rule would allow you to use existing paired PM
emissions data and PMDS data that you may have. For example, if you
operate a COMS that meets the detection limit requirements of paragraph
(c)(9)(i)(A) and have continuous opacity monitoring system (COMS)
response data for PM test runs, you may use those data pairs to
establish a linear correlation to identify the initial set-point. To
help ensure that the data are representative of the current design and
operating conditions of the combustor and PMDS, the rule would require
that: (1) The data be no more than 60 months old consistent with the
data in lieu provisions of Sec. 63.1207(c)(2); and (2) the design and
operation of the combustor or PMDS must not have changed in a manner
that may adversely affect the correlation of PM concentrations and PMDS
response.
Finally, you would extrapolate the alarm set point to the PMDS
response that corresponds to a PM concentration that is 50% of the PM
emission standard or 125% of the highest PM concentration used to
develop the correlation, whichever is greater. Of course, the
extrapolated emission concentration must not exceed the PM emission
standard. Allowing this level of extrapolation is consistent with PS-11
procedures where the range of a PM CEMS is up to 125% of the highest PM
concentration used to develop the correlation. The range of the CEMS
for low emitting sources (i.e., defined by Section 3.16 of PS-11
generally as sources that do not emit PM at concentrations that exceed
50% of the PM standard during the most recent performance test or on a
daily average) is the greater of 50% of the PM standard or 125% of the
highest PM concentration used to develop the correlation.
3. Revised Procedures To Extrapolate the Alarm Set-Point for Operations
Under the Notification of Compliance
The final rule allowed you to establish the set-point following the
comprehensive performance test as the average of the test run average
PMDS response or by extrapolation. See Sec. 63.1206(9)(ii and iii).
Under the extrapolation option, you would use PS-11 and Procedure 2 as
guidance to identify the most appropriate correlation model based on
five correlation tests.
In retrospect, we now conclude (subject to consideration of
comment) that it would be difficult to use PS-11 procedures to evaluate
correlation models with only five correlation tests (plus a zero point
correlation value) to identify the most appropriate model to use for
extrapolating the set-point. The statistical criteria (i.e., confidence
interval half range percentage, tolerance interval half range
percentage, and correlation coefficient) used to evaluate alternative
correlation models \16\ are directly affected by the number of test
runs. With very few test runs, the confidence and tolerance intervals
would be relatively high and the correlation coefficient would be
relatively low as an artifact of the statistical procedures such that
it would be difficult to draw conclusions from the analyses. For
example, the rate of decrease of the statistical factors used to
calculate the confidence and tolerance intervals slows substantially at
10 degrees of freedom and greater, that corresponds to 12 or more test
runs. For 12 test runs, the value of the t-statistic provided in Table
1 of PS-11 for the half range of the 95 percent confidence interval for
the mean PM concentration would be 2.228 while for 5 test runs and 15
test runs the t-statistic would be 3.182 and 2.160, respectively. See
Table 1 in PS-11.
---------------------------------------------------------------------------
\16\ Alternative correlation models are: linear, polynomial,
logarithmic, exponential, and power function. See Section 12.3 of PS-11.
---------------------------------------------------------------------------
Given that, as just shown, a minimum of 12 test runs \17\ over the
range of PM concentrations would generally be needed to use the PS-11
procedures to identify the best correlation model, we considered
requiring an additional eight test runs during the comprehensive
performance test campaign to provide a pool of 12 paired (i.e., PMDS
response and PM concentration) data point: Three test runs and a zero
point used for the Documentation of Compliance extrapolation; three
test runs from the comprehensive performance test to document
compliance with the PM standard; and an additional five test runs over
a range of operating conditions during the comprehensive performance
test campaign. We are concerned, however, that requiring the additional
five test runs over the range of operating conditions could be a
disincentive to implement a PMDS in lieu of establishing operating
parameter limits for ESPs and IWSs and using a bag leak detector system
for fabric filters.\18\ In addition to the cost of the five additional
test runs, you would need to take measures to vary PM concentrations
during the testing to provide useful correlation data, that could be
problematic (i.e., cost would be incurred for modifications to design
or operations) for some sources.
---------------------------------------------------------------------------
\17\ This actually means 12 data points which could be comprised
of 11 test runs and a zero point correlation value.
\18\ Note that, if you nonetheless happen to obtain a minimum of
12 paired data points (e.g., from current or historical testing
within 60 months of the compliance date) that provide a range of
``as found'' and compliance test-level PM concentrations, the rule
would require that you use PS-11 procedures to identify the most
appropriate correlation model rather than to assume a linear model.
---------------------------------------------------------------------------
We considered whether it would be reasonable to continue with the
approach used for the Documentation of Compliance--to assume a linear
regression model given the burden of obtaining enough paired data to
identify the most appropriate correlation model. There would now be
seven paired data available to define the linear regression: the three
test runs and zero point from the Documentation of Compliance combined
with the three PM comprehensive performance test runs. We are
concerned, however, that the additional comprehensive performance test
data may provide little improvement in defining the linear regression
because those new data would likely be in the same PM concentration
range as the nonzero point test runs used for the Documentation of
Compliance--emissions that represent the high end of the range of
controllable emissions variability.
[[Page 52633]]
Consequently, we have tentatively concluded that three additional
test runs at ``as found'' (i.e., normal) operating conditions and PM
concentrations at some point during the comprehensive performance test
campaign \19\ should be required to expand the range and number of data
pairs to better define the assumed linear regression. This would
provide a pool of 10 data pairs: three test runs and a zero point used
for the Documentation of Compliance extrapolation; three test runs from
the comprehensive performance test to document compliance with the PM
standard; and three test runs under ``as found'' operations.\20\
We are proposing that you would use the linear regression defined
by these 10 paired data to extrapolate the alarm set-point to a
response value that corresponds to 50% of the PM emission standard or
125% of the highest PM concentration used to develop the correlation,
whichever is greater. It is reasonable to extrapolate from the highest
PM concentration in the correlation rather than the average of the test
condition averages (for the comprehensive performance test) as would be
required under the Documentation of Compliance because the additional
data pairs, and especially the ``as-found'' data pairs, better define
the linear regression and remove some uncertainty in the extrapolation.
---------------------------------------------------------------------------
\19\ The ``as-found'' test runs would be conducted during the
general time frame of the comprehensive performance test: before, in
between, or after comprehensive performance test runs.
\20\ If you operate a COMS that meets the detection limit
requirements of paragraph (c)(9)(i)(A) and have a minimum of three
data pairs under ``as found'' operations (or operations that result
in a substantial range of PM concentrations) that were obtained
within 60 months of the compliance date, you must use those data to
better define the linear regression used to extrapolate the set-
point for the Documentation of Compliance. You would not be
required, however, to conduct additional ``as found'' testing during
the comprehensive performance test campaign.
---------------------------------------------------------------------------
We considered whether removing the zero point correlation value may
improve the accuracy of the regression given that you would be assuming
a linear regression when the relationship between PMDS response and PM
concentrations may actually follow another model (e.g., logarithmic).
If the regression is in fact nonlinear, using only those data pairs in
the high end of the PM concentrations range--in the range of ``as-
found'' PM concentrations to performance test concentrations--may
better estimate through linear extrapolation the PMDS response at
higher PM concentrations. For situations where the correlation may be
nonlinear and concave up, retaining the zero point in the analysis may
result in a lower slope and thus a nonconservative (i.e., too high)
extrapolated set-point. We also considered, however, that if the PM
concentration range represented by the data pairs was not substantial,
deleting the zero point may introduce substantial additional
uncertainty in the regression. Therefore, we initially conclude that
the zero point should be retained to define the linear correlation.
Nonetheless, we specifically request comment on this issue.
4. Revising the Initial Notification of Compliance Set-Point
Established by Extrapolation
The extrapolated alarm set-point established in the initial
Notification of Compliance would be an interim extrapolated set-point.
We are proposing that you must revise the alarm set-point after each
Relative Response Audit (RRA).\21\
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\21\ Note that the rule continues to require you to conduct
annual RRAs as prescribed by Procedure 2, except that you need only
conduct RRA on a 3-year interval after passing two sequential annual
RRA. A RRA is performed by collecting three PMDS and PM
concentration pairs for ``as-found'' source operating conditions and
PM concentrations.
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After the initial RRA, you would have a pool of a minimum of 13
data pairs \22\ that should be enough to use PS-11 procedures under
Sections 12.3 and 12.4 to identify the most appropriate correlation
model rather than continuing to assume a linear correlation. Note that
the PMDS would not need to meet the PS-11 performance specifications.
The PMDS is used for compliance assurance and is not a PM CEMS that
would be used for compliance monitoring. Nonetheless, the statistical
criteria for evaluating the correlation for a PM CEMS are also
applicable to evaluating the correlation for a PMDS, and the criteria
can be compared for alternative correlation models to the PM CEMS
specifications in Section 13.2 of PS-11 to identify the most
appropriate correlation model.
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\22\ The 13 data pairs would be comprised of: three test runs
and a zero point used for the Documentation of Compliance
extrapolation; six test runs for the initial Notification of
Compliance extrapolation comprised of three test runs from the
comprehensive performance test to document compliance with the PM
standard and three test runs under ``as found'' operations; and
three test runs under ``as-found'' operations for the initial RRA.
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5. Specific Rather Than Generic References to PS-11 and Procedure 2
The final rule stated that you should use PS-11 as guidance to
establish a correlation and Procedure 2 for quality assurance. In
retrospect, we believe that those references are overly broad and could
result in a permitting authority inappropriately applying provisions
applicable to PM CEMS to a PMDS. Consequently, we propose to provide
specific references to PS-11 and Procedure 2 where compliance with
particular provisions would be required. Examples are the requirement
to use Section 12.3 procedures of PS-11 to characterize alternative
correlation models and Sections 12.4 and 13.2 procedures to identify
the most appropriate correlation model.
With respect to Procedure 2, there are many quality assurance
requirements for PM CEMS that are not appropriate for a PMDS, including
absolute correlation audits and response correlation audits.
Accordingly, we are proposing to require compliance with specific
Procedure 2 requirements rather than making a generic reference to use
Procedure 2 as guidance.
The Procedure 2 requirements that would apply to a PMDS are the
requirements to perform an RRA. See Section 10.3 (6) of Procedure 2. As
stated in the final rule, you must conduct an annual RRA, except that
you need only conduct it on a 3-year interval after passing two
sequential annual RRA. Today's proposal would expressly require you to
comply with the provisions of Section10.4 (6) that establish the
criteria for passing a RRA. Those provisions state that, if you fail
the RRA, the PMDS is out of control.
If the PMDS is out of control, today's proposal would also require
you to comply with Section 10.5 of Procedure 2 that requires you to
take corrective action until your PMDS passes the RRA criteria. If the
RRA criteria cannot be achieved, you would not be required to perform a
Relative Correlation Audit (RCA) as provided by Section 10.5 (1)(ii),
however. That provision is appropriate for a PM CEMS but not a PMDS. If
the RRA criteria cannot be achieved, today's rule would require you to
re-establish the alarm set-point without using extrapolation as the
average of the run averages of PMDS responses for the most recent
comprehensive performance test to demonstrate compliance with the PM
emission standard. See proposed paragraph (c)(9)(iii)(A).
6. Operations When the PMDS Is Malfunctioning
When reviewing the PMDS requirements in the final rule in response
to the reconsideration petition, we determined that the rule was silent
on operations when the PMDS is malfunctioning because it is out of
control or inoperable, for example. We believe it is reasonable to
require that
[[Page 52634]]
operations when the PMDS is unavailable be considered the same as
operations that exceed the alarm set-point given that there would be no
information to conclude otherwise. Thus, we are proposing to require
you to take corrective measures to correct the malfunction or minimize
emissions, and the duration of the malfunction would be added to the
time when the PMDS exceeds the alarm set-point. If the time of PMDS
malfunction and exceedance of the alarm set-point exceeds 5 percent of
the time during any 6-month block time period, you would have to submit
a notification to the Administrator within 30 days of the end of the 6-
month block time period that describes the causes of the exceedances
and PMDS malfunctions and the revisions to the design, operation, or
maintenance of the combustor, air pollution control equipment, or PMDS
you are taking to minimize exceedances.
We also determined that the bag leak detection system (BLDS)
requirements under Sec. 63.1209(c)(8) did not include provisions to
address periods of time when the BLDS is malfunctioning. Accordingly,
we are proposing to make similar revisions to the BLDS requirements.
D. Tie-Breaking Procedure for New Source Standards
In the notice of proposed rulemaking, we described methodologies
used to determine MACT floors for HAP, including the SRE/Feed approach
\23\ used specifically for those HAP whose emissions can be controlled
in part by controlling the amount of HAP in the hazardous waste fed to
the source. See 69 FR at 21223-25. In general, the SRE/Feed methodology
is applicable to HAP metals and chlorine. The SRE/Feed approach
identifies the sources in our data base with the lowest hazardous waste
feedrate of the HAP and the sources with the best system removal
efficiency for the same HAP. The best performing sources (MACT pool)
are those with the best combination of hazardous waste feedrate and
system removal efficiency as determined by our ranking procedure. We
then use the emission levels from these sources to calculate the
emission level achieved by the average of the best performing sources.
When determining the MACT floor for new sources, we use the emission
level from the single source with the best combination of hazardous
waste feedrate and system removal efficiency.
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\23\ SRE means system removal efficiency and is a measure of the
percentage of HAP that is removed prior to being emitted relative to
the amount fed to the unit from all inputs (e.g., hazardous waste,
fossil fuels, raw materials).
---------------------------------------------------------------------------
We also discussed how we determined which sources are included in
the MACT pool. First, we ranked each source's hazardous waste feedrate
against all the other sources' feedrates on a HAP-by-HAP (e.g.,
mercury) or HAP group (e.g., low volatile metals) basis. Then we
assigned a relative rank of 1 to the source with the lowest feedrate
level, a rank of 2 to the source with the second lowest feedrate, and
so on. Next, we applied the same ranking procedure to each source's
system removal efficiency for the same HAP. The source with the best
system removal efficiency is assigned a relative rank of 1, and so on.
Then each source's feedrate ranking score and system removal efficiency
score were summed to obtain an SRE/Feed aggregated score. Finally, we
arrayed the SRE/Feed aggregated scores from lowest to highest and the
MACT pool was comprised of the required number of sources with the
lowest SRE/Feed aggregated scores. For new sources the MACT pool for a
given HAP or HAP group is comprised of the single best performing
source, that is, the source with lowest SRE/Feed aggregated score. See
69 FR at 21224.
In the final rule, we used the SRE/Feed methodology for determining
MACT floors for HAP metals and total chlorine.\24\ The preamble to the
final rule also presented a summary of our responses to significant
comments regarding the SRE/Feed approach. See 70 FR at 59441-47. We
also noted that two analyses for new incinerators identified multiple
sources with identical single best SRE/Feed aggregated scores.\25\ This
resulted in a tie for the single best performing source for the mercury
and low volatile metals new source standards for incinerators. See 70
FR at 59447. In these instances, we applied a tie-breaking procedure to
identify the single best performing source and we selected the source
with the lowest emissions (of the tied sources) as the criterion to
break the tie.
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\24\ As noted in the preamble, there were a few instances where
the SRE/Feed methodology was not used to determine the MACT floor
for HAP metals and total chlorine. See, for example, 69 FR at 21224.
However, we did use the SRE/Feed approach for the standards
addressed by CRWI's petition for reconsideration.
\25\ USEPA, ``Technical Support Document for HWC MACT Standards,
Volume III: Selection of MACT Standards,'' September 2005, Appendix
E, Tables ``SF-INC-HG'' and ``SF-INC-LVM.''
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The CRWI states that EPA's tie-breaking procedure has not been the
subject of direct opportunity for public comment. We agree with
petitioner CRWI. Because there were no ties for the single best
performing source in the proposal rule, we did not discuss the concept
of selecting the source with the lowest emissions as the criterion to
break ties. In addition, the tie-breaking procedure (in the rare
instances when a tie occurs) is a key step in setting standards because
the selected directly affects the stringency of the emission standard.
Therefore, we conclude that there was no opportunity to comment on this
tie-breaking procedure and grant CRWI's petition for reconsideration.
The CRWI states in their petition that EPA's decision to break the
tie by selecting the source with the lowest emissions results in a MACT
floor that is below (more stringent) what the other best performers of
the tied sources are achieving.\26\ CRWI argues that selecting the
source with the lowest emissions is inconsistent with the statutory
mandate. Additionally, CRWI argues that relying on emission levels as
the tie-breaker between best performing sources is inconsistent with
EPA's MACT floor methodology because EPA adopted the SRE/Feed approach
while rejecting an emissions-based approach.
---------------------------------------------------------------------------
\26\ The two instances in which there was a tie for the single
best performing source include mercury and low volatile metals for
incinerators. The two sources tied in the mercury analysis had
emissions, including variability (the 99th percentile upper
prediction limit), of 8.1 and 907 ug/dscm. The low volatile metals
MACT floor analysis included a three-way tie. The three sources had
emissions of 23, 129, and 198 ug/dscm. See USEPA, ``Technical
Support Document for HWC MACT Standards, Volume III: Selection of
MACT Standards,'' September 2005, Appendix E, Tables ``SF-INC-HG''
and ``SF-INC-LVM.''
---------------------------------------------------------------------------
The arguments presented in CRWI's petition for reconsideration have
not persuaded us that our tie-breaking procedure--selecting the source
(of the tied sources) with the lowest emissions as the single best
performing source--was erroneous or inappropriate. We believe this
approach is a reasonable interpretation of section 112(d)(3), that
states the new source standard shall not be less stringent than the
emission control that is achieved in practice by the best controlled
similar source (``source'' being singular, not plural). Moreover, we
believe use of the emission level as the tie-breaking criterion is
reasonable, not only because it is a measure of control, but because we
have already fully accounted for hazardous waste feedrate control and
system removal efficiency in the SRE/Feed ranking methodology. To
choose either of these factors to break the tie would give that factor
disproportionate weight. Nevertheless, given that the tie-breaker issue
came up between proposal and promulgation of the final rule and so has
not been the subject of direct opportunity for public comment, in
[[Page 52635]]
today's notice of reconsideration we are requesting public comment on
our decision to select the source (of all tied sources) with the lowest
emissions as the single best performing source for purposes of new
source floor determinations. In addition, we are seeking comment on
alternative tie-breaking criteria suggested by the CRWI such as the
single source (of the tied sources) with the best system removal
efficiency, the single source (of the tied sources) with the worst
system removal efficiency, or some form of averaging (e.g., the 99th
percentile upper prediction limit) of the tied sources.
Because we are proposing to retain the same tie-breaker procedure
as in the final rule, the new source emission standards promulgated for
mercury and low volatile metals under Sec. 63.1219(b)(2) and (b)(4)
would not change.
E. Beyond-the-Floor Analyses To Consider Multiple HAP That Are
Similarly Controlled
In developing MACT standards, we also must determine whether
further emission reductions are achievable using different or
additional control technologies. We may establish standards more
stringent than the MACT floor based on the consideration of the cost of
achieving the emissions reductions, any non-air health and
environmental impacts, and energy requirements. CAA section 112(d)(2).
We call these standards beyond-the-floor standards.
In the notice of proposed rulemaking, we evaluated beyond-the-floor
standards for each HAP or HAP group (i.e., semivolatile metals
comprised of lead and cadmium, low volatile metals comprised of
arsenic, beryllium, and chromium). The beyond-the-floor evaluations
were discussed in the preamble and presented in the technical support
document.\27\ As explained in the technical support document, each
beyond-the-floor analysis was done separately by HAP. For example, when
evaluating the cost of a beyond-the-floor standard for dioxin/furans
based on activated carbon injection, we applied the full cost of an
activated carbon injection system to the beyond-the-floor. In a
separate analysis, the same approach was used when evaluating a beyond-
the-floor standard for mercury based on activated carbon injection. We
received a public comment that the beyond-the-floor analyses for
similarly controlled HAP by a single type of control device (e.g.,
activated carbon injection) overestimate the costs for an individual
HAP because the control system would reduce multiple HAP.\28\ The
commenter argued that EPA may have found additional beyond-the-floor
results acceptable had the control device costs been apportioned
properly among the HAP.
---------------------------------------------------------------------------
\27\ See HAP-specific discussions in preamble (69 FR at 21240-
21297). See also USEPA, ``Draft Technical Support Document for HWC
MACT Standards, Volume V: Emissions Estimates and Engineering
Costs,'' March 2004, Section 4.6, Appendices F and G.
\28\ See comments of Sierra Club, docket item EPA-HQ-OAR-2004-
0022-0292, page 30.
---------------------------------------------------------------------------
To address this comment in the final rule, we revised the beyond-
the-floor analyses to include an additional analysis evaluating
multiple HAP that can be controlled by a single control device (i.e.,
activated carbon injection for dioxin/furans and mercury and improved
particulate matter control for the nonvolatile metals and particulate
matter).\29\ Noting that the first appearance of these new beyond-the-
floor analyses was in the final rule, the Sierra Club's petition for
reconsideration argues that EPA provided no opportunity to comment on
these analyses. We agree with petitioner Sierra Club because we
included these additional analyses in the final rule in response to a
public comment. Therefore, we are granting the Sierra Club's request
for reconsideration of the beyond-the-floor analyses that are based on
activated carbon injection and improved particulate matter control. In
today's notice, we are providing an opportunity for public comment on
these beyond-the-floor analyses.
---------------------------------------------------------------------------
\29\ USEPA, ``Response to Comments on April 20, 2004 HWC MACT
Proposed Rule, Volume I: MACT Issues,'' September 2005, pages 152-153.
---------------------------------------------------------------------------
In addition, after reexamining the beyond-the-floor analyses used
in the final rule for similarly controllable HAP by a single control
device and also the issues raised in the petition for reconsideration
of the Sierra Club, we are proposing to revise the beyond-the-floor
methodology. The methodology is presented in the technical support
document supporting this rulemaking; however, a brief discussion of the
methodology is presented below.\30\ The results of the proposed beyond-
the-floor analyses are also presented in this support document.
---------------------------------------------------------------------------
\30\ USEPA, ``Draft Technical Support Document for HWC MACT
Standards--Reconsideration of the Beyond-the-Floor Evaluations,'' July 2006.
---------------------------------------------------------------------------
The initial step would be to identify a suite of beyond-the-floor
standards for each HAP or HAP group for each source category or
subcategory. The six HAP or HAP groups include dioxin/furans, mercury,
particulate matter (as a surrogate for the unenumerated metals
antimony, cobalt, manganese, nickel, and selenium), semivolatile
metals, low volatile metals, and hydrogen chloride and chlorine (total
chlorine). We call this the comprehensive beyond-the-floor analysis.
For reasons discussed below, beyond-the-floor evaluations for carbon
monoxide and hydrocarbons are done separately. Next we identify an air
pollution control strategy capable of achieving the potential beyond-
the-floor standards and estimate costs of these controls using, when
available, standardized and peer reviewed cost models developed by
EPA.\31\ In the case of control devices that are capable of reducing
emissions of more than one HAP or HAP group, including activated carbon
injection (or carbon beds) and improved particulate matter control, we
apportioned the total costs of the control device to those HAP that
would be controlled by the technology. HAP emission reductions and non-
air quality health and environmental impacts and energy requirements
were then estimated.
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\31\ USEPA, ``EPA Air Pollution Control Cost Manual,'' available
at http://www.epa.gov/ttn/catc/products.html.
---------------------------------------------------------------------------
We next determined whether the comprehensive beyond-the-floor
analysis was achievable by applying the statutory factors of the cost
of achieving the emission reductions, any non-air quality health and
environmental impacts, and energy requirements for each HAP or HAP
group. The cost metric we would use to consider the cost of achieving
emissions reductions is cost-effectiveness--dollars per unit mass
reduction (e.g., $ per ton removed), a reasonable means of assessing
cost of control technologies and strategies. See, e.g. Husqvarna AB v.
EPA, 254 F. 3d 195, 200 (D.C. Cir. 2001). After considering these
statutory factors, we evaluated each of the six HAP or HAP groups of
the comprehensive analysis to identify those beyond-the-floor standards
where further emission reductions appear achievable. If emission
reductions appear achievable for all six HAP or HAP groups, then we
would propose beyond-the-floor standards for these HAP. For co-
controlled HAP, however, if some results appeared achievable while
others did not, we conducted a subsequent analysis whereby the costs
associated with the unachievable HAP are reapportioned to those co-
controlled HAP appearing achievable. We believe this reapportioning
step is necessary to prevent costs of control of a co-controlled HAP
from being diluted by costs from unachievable (too costly) reductions
of another co-controlled HAP. Without the reapportionment of
[[Page 52636]]
costs, these costs would be assigned to a rejected beyond-the-floor
standard.\32\ We then evaluated the beyond-the-floor results after
reapportioning costs to the remaining co-controlled HAP to determine
whether the further emissions reductions are achievable. This iterative
process continues until we determine all standards appear achievable or
no beyond-the-floor standards appear achievable. This iterative process
for co-controlled HAP continues until all remaining co-controlled HAP
are judged achievable or no beyond-the-floor standards appear
achievable for co-controlled HAP.
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\32\ Even though costs would be reapportioned under this
proposed approach, we note that emissions reductions from a rejected
beyond-the-floor standard of a co-controlled HAP would remain a
collateral benefit of other accepted co-controlled HAP.
---------------------------------------------------------------------------
Applying this proposed methodology would yield the same results as
the methodology used in the final rule. These are beyond-the-floor
standards of 68 mg/dscm \33\ (0.030 gr/dscf) for existing sources and
34 mg/dscm (0.015 gr/dscf) for new sources, and beyond-the-floor
standards for liquid fuel boilers for the dry air pollution control
device subcategory of 0.40 ng TEQ/dscm for existing and new sources.
Since the standards would not change, we are not reproposing them. We
are, however, soliciting comment on the revised methodology for
assessing achievability of standards for co-controlled HAP.
---------------------------------------------------------------------------
\33\ Note that we are proposing to revise this standard from 68
mg/dscm to 69 mg/dscm in today's notice. See Section V. J below.
---------------------------------------------------------------------------
As mentioned above, carbon monoxide and hydrocarbons \34\ are not
included in the comprehensive beyond-the-floor analysis. While a
beyond-the-floor technology such as activated carbon injection may
provide additional control of certain organic hazardous air pollutants
(HAP), we believe it is inappropriate to evaluate (under this
comprehensive option) numerical beyond-the-floor standards for carbon
monoxide and hydrocarbons. When complying with the current standards
for carbon monoxide and hydrocarbons, sources can elect to comply with
either standard (e.g., 70 FR at 59410-59411). With respect to the
carbon monoxide standard, the use of activated carbon injection (or any
other beyond-the-floor techniques evaluated in the comprehensive
analysis) would not reduce or affect emissions of carbon monoxide.
Thus, there is no way to identify a numerical emissions limit for
carbon monoxide that would reflect potential reductions in organic HAP
emissions because there is no direct correlation between carbon
monoxide and emissions of organic HAP. Given that we cannot identify a
numerical beyond-the-floor standard for carbon monoxide and given that
the majority of sources elect to comply with the carbon monoxide
standard rather than the hydrocarbon standard, we believe it is not
appropriate to include carbon monoxide in the comprehensive beyond-the-
floor analysis.
---------------------------------------------------------------------------
\34\ Carbon monoxide and hydrocarbons are widely accepted
indicators of combustion conditions and are used (along with the
destruction and removal efficiency standard) as surrogates to
control emissions of nondioxin/furan organic hazardous air pollutants.
---------------------------------------------------------------------------
We also have concerns about identifying a beyond-the-floor standard
for hydrocarbons under this comprehensive option. As we document in the
technical support document, a significant percentage of total stack
organics (that would be measured by a hydrocarbon monitor) are not
organic HAP (e.g., short-chain aliphatic compounds like methane,
propane, and acetylene).\35\ We estimate that the organic HAP emissions
comprise approximately 20% of total hydrocarbon emissions. Furthermore,
activated carbon injection is estimated to capture only a small
fraction--13%--of the organic HAP emissions. Thus, we estimate that the
use of activated carbon injection would reduce organic HAP emissions by
less than 3% on average. This estimate would allow us to identify a
potential numerical beyond-the-floor standard for hydrocarbons that
would reflect reductions achieved by activated carbon injection.\36\
However, we believe it would be inappropriate to identify a beyond-the-
floor standard as part of the comprehensive analysis because there is
much uncertainty in the 3% estimate.\37\ Furthermore, there are
numerous factors that affect combustion efficiency, and, subsequently,
hydrocarbon emissions. Thus, a source may not be able to replicate its
hydrocarbon emissions levels (and other sources may not be able to
duplicate those emission levels) if the quantity of organic HAP that
are amenable to capture with activate carbon injection decreases as a
result of one of the many factors that affect combustion efficiency.
Finally, given that very few sources elect to comply with the
hydrocarbon standard rather than the carbon monoxide standard (a
standard for which we cannot identify a numerical beyond-the-floor
level based on activated carbon injection), we believe that it is more
appropriate to present estimated reductions of organic HAP emissions
that would result from an activated carbon injection beyond-the-floor
option in lieu of identifying explicit beyond-the-floor standards for
carbon monoxide and hydrocarbons.
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\35\ USEPA, ``Draft Technical Support Document for HWC MACT
Standards--Reconsideration of the Beyond-the-Floor Evaluations,''
July 2006, Section 4.
\36\ For example, the beyond-the-floor standard for a
hydrocarbon MACT floor of 10 ppmv would be 9.7 ppmv.
\37\ USEPA, ``Draft Technical Support Document for HWC MACT
Standards--Reconsideration of the Beyond-the-Floor Evaluations,''
July 2006, Section 4.1.1
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In its petition for reconsideration, the Sierra Club also opposes
inclusion of costs associated with the disposal of spent carbon as a
solid and/or hazardous waste when carbon injection is used as a beyond-
the-floor control technology.\38\ We disagree because disposal costs
are one of the many direct costs associated with operating a carbon
injection system (as well as an example of a non-air quality health and
environmental impact). As mentioned above, our cost estimates are based
on standardized and peer reviewed cost models developed by EPA. Indeed,
the ``EPA Air Pollution Control Cost Manual'' includes specific cost
inputs for disposal costs not only for the disposal of solid waste from
carbon adsorber systems, but also wastewater disposal costs for wet
scrubbers for acid gas control, dust disposal cost for baghouses and
electrostatic precipitators for particulate matter control, and waste
liquid collection and disposal costs for wet scrubbers for particulate
matter control.\39\ Therefore, the cost estimates presented in the
technical support document include disposal costs for certain beyond-
the-floor controls.\40\
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\38\ See petition for reconsideration of the Sierra Club, docket
item EPA-HQ-OAR-2004-0022-0517, page 26.
\39\ USEPA, ``EPA Air Pollution Control Cost Manual,'' EPA/452/
B-02-001, January 2002, sections 3.1, 5.2, and 6.
\40\ Nonetheless, we also conducted the comprehensive analysis
for new sources to investigate the extent that disposal costs of
spent activated carbon injection would impact the achievability of
potential beyond-the-floor standards. As presented in the technical
support document, when disposal costs are (inappropriately)
eliminated (reduced to zero), there would be no changes to the
conclusions proposed regarding those standards that appear
achievable. See ``Draft Technical Support Document for HWC MACT
Standards `` Reconsideration of the Beyond-the-Floor Evaluations,''
July 2006, Section 5.2.
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In summary, we are accepting public comment on the revised beyond-
the-floor analyses and the conclusions.
F. Dioxin/Furan Standard for Incinerators With Dry Air Pollution
Control Devices
We proposed to subcategorize incinerators between wet or no air
pollution control devices and incinerators equipped with dry air
pollution control devices or waste heat
[[Page 52637]]
boilers.\41\ See 69 FR at 21214 (This is not subcategorizing on the
basis of an emission control technology, but rather on the basis of a
basic difference in process). Accordingly, we proposed separate
emission standards for each subcategory for incinerators for dioxin/
furans.\42\ 69 FR at 21240-42. The standard proposed for existing
incinerators with dry air pollution control devices or waste heat
boilers (the standard at issue in this discussion) was 0.28 ng TEQ/
dscm.\43\ 69 FR at 21240. As discussed in the proposal, this standard
was based on an evaluation of compliance test emissions data of the
MACT pool sources comprising this subcategory of incinerators. As noted
in the petition of the Sierra Club, one of the five MACT pool sources
was the Clean Harbors Aragonite incinerator located in Utah.\44\ The
consideration of these data in the MACT floor analysis is the specific
point in contention in the Sierra Club's petition for reconsideration.
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\41\ In its petition for reconsideration, the Sierra Club also
petitioned EPA to reconsider the decision to subcategorize the
hazardous waste incinerator source category. As discussed in Section
III above, we have denied their request for reconsideration.
Therefore, we are neither soliciting comments nor will we consider
any comments received on the decision to subcategorize the
incinerator category.
\42\ Sierra Club also petitioned EPA to reconsider the dioxin/
furan standard for the subcategory of incinerators with wet or no
air pollution control devices. This standard is not discussed in
today's proposed rule because EPA has denied the reconsideration
request as discussed in Section III above. Therefore, we are neither
requesting comments nor will we consider any comments received on
the dioxin/furan standard for incinerators with wet or no air
pollution control devices.
\43\ See USEPA, ``Draft Technical Support Document for HWC MACT
Standards, Volume III: Selection of MACT Standards,'' March 2004,
Appendix C, Table ``E-INC/D+WHB-DF.'' Note that because the issue
raised in the Sierra Club's petition does not affect the dioxin/
furan standard for new incinerators, the scope of this discussion
will be limited to existing incinerators.
\44\ EPA's data base contains emissions data from Clean Harbors
Aragonite for six different test conditions. The proposed dioxin/
furan standard was based, in part, on the trial burn data from Clean
Harbors Aragonite that was conducted in June 2001.
---------------------------------------------------------------------------
In the final rule, we adopted this same subcategorization scheme
and promulgated separate dioxin/furan emissions standards for each
subcategory of incinerators. See 70 FR at 59420, 59467. Our revised
MACT floor analysis yielded a calculated floor level of 0.42 ng TEQ/
dscm, that reflected emissions variability. We then evaluated whether
this calculated floor level was less stringent than the interim dioxin/
furan standard under Sec. 63.1203(a)(1). Because we concluded the
calculated floor level of 0.42 ng TEQ/dscm was less stringent than the
interim dioxin/furan standard, we promulgated the interim dioxin/furan
standard as the standard.\45\ Thus, the emission standard promulgated
for existing incinerators with dry air pollution control devices or
waste heat boilers was either 0.20 ng TEQ/dscm or 0.40 ng TEQ/dscm
provided that the combustion gas temperature at the inlet to the
initial particulate matter control device is 400 [deg]F or lower (Sec.
63.1219(a)(1)). The analyses supporting these standards are included in
the technical support document.\46\
---------------------------------------------------------------------------
\45\ Replacement standards can be no less stringent than
existing standards, including the interim standards under Sec. Sec.
63.1203-1205. See 70 FR at 59457-58.
\46\ See USEPA, ``Technical Support Document for the HWC MACT
Standards, Volume III: Selection of MACT Standards,'' September
2005, Appendix E, Table ``E-INCDWHB-DF.''
---------------------------------------------------------------------------
As discussed in the final rule, the calculated MACT floor increased
from 0.28 ng TEQ/dscm to 0.42 ng TEQ/dscm because we were alerted in
comments to the proposed rule that our MACT pool analysis considered
dioxin/furan data that should not have been included. Commenters stated
that the Clean Harbors Aragonite incinerator (source 327C10 in the data
base) encountered problems with its carbon injection system during the
emissions test from which the data were obtained and subsequently used
in the MACT floor analysis for this incinerator subcategory.\47\ We
investigated the commenters' claims after proposal and confirmed the
problems that were encountered during testing. See 70 FR at 59419,
59432. Importantly, we determined that these dioxin/furan emissions
data were not used to establish operating parameter limits for the
carbon injection system based on this test.\48\ Therefore, we no longer
designate this test condition as ``compliance test'' data, that is the
type of data upon which this MACT standard is based. After concluding
that these emissions data are not appropriate for inclusion in the MACT
floor analysis, we instead substituted in its place other readily
available compliance test emissions data in our data base for that
facility. While the substituted emissions data are indeed older than
the problematic data, these data are the most recent valid compliance
data available to us for this source. As a result of this data handling
decision, the calculated MACT floor increased as discussed earlier.
---------------------------------------------------------------------------
\47\ See USEPA, ``Response to Comments on April 20, 2004 HWC
MACT Proposed Rule, Volume I, MACT Issues,'' September 2005, Section
1.3.2, and ``Technical Support Document for the HWC MACT Standards,
Volume III: Selection of MACT Standards,'' September 2005, Section 10.1.1.
\48\ See docket item EPA-HQ-OAR-2004-0022-0401.
---------------------------------------------------------------------------
The Sierra Club notes in its petition that the promulgated MACT
standard for this subcategory of incinerators increased from that
proposed as a result of EPA's decision to use different dioxin/furan
emissions data from the Clean Harbors Aragonite incinerator. The Sierra
Club states that EPA had provided no opportunity to comment on this
data handling decision because it was not reflected in the proposed
rule. We agree with petitioner Sierra Club that it was impracticable
for them to raise its concern about the use of the Clean Harbors
Aragonite emissions data. Therefore, we are granting the Sierra Club's
petition for reconsideration for this issue.
The Sierra Club contends that EPA's data substitution for the Clean
Harbors Aragonite incinerator is arbitrary and capricious because EPA
rejected the newer test data to use older and worse test data. The
Sierra Club states that a source encountering problems with its air
pollution control equipment does not justify using other data from an
earlier test with higher emissions because EPA had no reason to
conclude that the incinerator would perform worse than the level it
achieved while encountering problems.
The arguments presented in the petition for reconsideration have
not persuaded us, subject to consideration of further comment, that our
MACT floor determination in the final rule was inappropriate. We
believe we correctly identified the MACT floor for this incinerator
subcategory based on the available emissions data. The Clean Harbors
Aragonite data from 2001 cannot be used in the MACT floor analysis
because these data simply are not representative of performance due to
problems encountered. We note that the substituted Clean Harbors
Aragonite data considered in the final rule MACT floor analysis were
not included in the pool of the five best performing sources for the
dioxin/furan standard. If we had simply excluded the problematic data
(and not substituted the older data), then we would have promulgated
the identical emission standard because the substituted data for Clean
Harbors Aragonite had no direct impact on the floor analysis (i.e., the
data were not included in the MACT pool). Nevertheless, because we
changed the floor determination between proposal and promulgation in
response to comments received on the proposal, and because we also made
certain data editing decisions (again in response to public comment)
that resulted in a different data base being used for the
[[Page 52638]]
floor determination than we used at proposal, we are requesting public
comments on the MACT floor analysis that supported the final rule.
Specifically, we are soliciting comment on the final rule MACT floor
analysis that included our decision to replace the 2001 Clean Harbors
Aragonite data with other dioxin/furan emissions data in our data base.
Because we are proposing to retain the final rule MACT floor
analysis for the subcategory of incinerators equipped with dry air
pollution control devices or waste heat boilers, the emission standards
promulgated for dioxin/furans under Sec. 63.1219(a)(1)(i) and
(b)(1)(i) would not change (subject to consideration of public comment).
G. Provisions of the Health-Based Compliance Alternative
The final rule allows you to establish and comply with health-based
compliance alternatives for total chlorine for hazardous waste
combustors other than hydrochloric acid production furnaces in lieu of
the MACT technology-based emission standards established under
Sec. Sec. 63.1216, 63.1217, 63.1219, 63.1220, and 63.1221. See 70 FR
at 59413-19 and Sec. 63.1215.
Sierra Club petitioned for reconsideration stating that EPA changed
several provisions of the health-based compliance alternative after the
period for public comment and therefore did not provide notice and
opportunity for public comment.\49\ In addition, Sierra Club states
that three new provisions are problematic: (1) It is unlawful to allow
sources to comply with the health-based compliance alternative without
prior approval from the permitting authority; (2) it is unlawful to
allow a source to obtain an unlimited extension of the compliance date
if their eligibility demonstration is disapproved and the source is
unable to change the design or operation of the source to comply with
the MACT emission standards by the compliance date; and (3) the Agency
cannot rely on the Title V program as the vehicle for establishing
health-based compliance alternatives.
---------------------------------------------------------------------------
\49\ See letter from James Pew to Stephen Johnson, dated
December 12, 2005, Section XII, docket item EPA-HQ-OAR-2004-0022-0517.
---------------------------------------------------------------------------
We are granting reconsideration of these provisions because we
developed them in response to comments on the proposed rule, after the
period for public comment as Sierra Club states. Furthermore, to
address Sierra Club's concerns, we are proposing to revise the rule
pertaining to these provisions as follows: (1) The rule would state
that the operating requirements specified in the eligibility
demonstration are ``applicable requirements'' as defined in 40 CFR 70.2
or 71.2 and therefore must be incorporated in the Title V permit; (2) a
source may comply with the health-based compliance alternative without
prior approval from the permitting authority provided that the source
has made a good faith effort to provide complete and accurate
information and to respond to any requests for additional information;
and (3) the compliance date extension cannot exceed one year if the
eligibility demonstration is disapproved and the source is unable to
change the design or operation to comply with the MACT emission
standards by the compliance date. These provisions are discussed below.
Note that we are accepting further comment on these provisions in
general in addition to requesting comment on the proposed revisions to
the provisions. We believe the provisions in general are warranted for
the reasons provided in the final rule and restate these reasons below.
Nonetheless, we are open to comment and will determine whether changes
are warranted other than those we are proposing.
1. Complying With the Health-Based Compliance Alternative Without Prior
Approval From the Permitting Authority Would Be Conditional
The final rule does not require prior approval of the eligibility
demonstration for existing sources. If your permitting authority has
not approved your eligibility demonstration by the compliance date, and
has not issued a notice of intent to disapprove your demonstration, you
may nonetheless begin complying, on the compliance date, with the HCl-
equivalent emission rate limits and associated chlorine feedrate limits
you present in your eligibility demonstration. See 70 FR at 59484 and
Sec. 63.1215(e)(2)(i)(C).
We are today providing an opportunity to comment on this provision
in general and on a proposal to revise the rule to clarify that a time
extension is conditioned on your making a good faith effort to submit
complete and accurate information and to respond in a timely manner to
any requests for additional information.
Many commenters on the proposed rule stated that requiring prior
approval of the eligibility demonstration would be unworkable.
Commenters were concerned that the permitting authority may not approve
the demonstration prior to the compliance date, even though the source
has submitted complete and accurate information and has responded to
any requests for additional information in good faith. A commenter
suggested that, if the permitting authority has neither approved nor
disapproved the eligibility demonstration by the compliance date, the
source may begin complying on the compliance date with the alternative
health-based limits specified in the eligibility demonstration.
We agreed with commenters that requiring prior approval of the
eligibility demonstration may be unworkable for the reason commenters
suggested. Accordingly, the final rule does not require prior approval
of the eligibility demonstration for existing sources. If your
permitting authority has not approved your eligibility demonstration by
the compliance date, and has not issued a notice of intent to
disapprove your demonstration, you may nonetheless begin complying, on
the compliance date, with the HCl-equivalent emission rate limits and
associated chlorine feedrate limits you present in your eligibility
demonstration.
When reviewing this provision in response to Sierra Club's petition
for reconsideration, we noticed that the regulatory language at Sec.
63.1215(e)(2)(i)(C) simply stated that you could begin complying on the
compliance date with the health-based alternative compliance
requirements absent approval from the permitting authority if the
permitting authority had not issued a notice of approval or intent to
disapprove your eligibility demonstration by the compliance date. We
inadvertently did not make the provision conditional on your making a
good faith effort to provide complete and accurate information and to
respond to any requests for additional information in a timely manner.
Accordingly, we propose today to revise that regulatory provision to say:
? If your permitting authority has not approved your
eligibility demonstration by the compliance date, and has not issued
a notice of intent to disapprove your demonstration, you may begin
complying, on the compliance date, with the HCl-equivalent emission
rate limits you present in your eligibility demonstration provided
that you have made a good faith effort to provide complete and
accurate information and to respond to any requests for additional
information in a timely manner.
If the permitting authority believes that you have not made a good
faith effort to provide complete and accurate information or to respond
to any requests for additional information, the authority may notify
you in writing by the compliance date that you have not
[[Page 52639]]
met the conditions for complying with the health-based compliance
alternative without prior approval.
2. An Extension of the Compliance Date Granted Upon Disapproval of an
Eligibility Demonstration Cannot Exceed One Year
The final rule states that the permitting authority should notify
you of approval or intent to disapprove your eligibility demonstration
within 6 months after receipt of the original demonstration, and within
3 months after receipt of any supplemental information that you submit.
A notice of intent to disapprove your eligibility demonstration,
whether before or after the compliance date, will identify incomplete
or inaccurate information or noncompliance with prescribed procedures
and specify how much time you will have to submit additional
information or comply with the total chlorine MACT standards. The
permitting authority may extend the compliance date of the total
chlorine MACT standards to allow you to make changes to the design or
operation of the combustor or related systems as quickly as practicable
to enable you to achieve compliance with the total chlorine MACT
standards. See 70 FR at 59484 and Sec. 63.1215(e)(2)(i)(B) and (D).
We are today providing an opportunity for comment on this provision
in general and on a proposal to revise the rule to limit the time
extension to (up to) one year. We are tentatively persuaded by Sierra
Club's argument that this limitation is needed to be consistent with
CAA section 112(i)(3)(B) (and the General Provisions under Subpart A--
Sec. 63.6(i)(4)(i)(A)).
Commenters on the proposed rule were concerned that the permitting
authority may disapprove the eligibility demonstration for the health-
based compliance alternative too late for the source to make changes to
the design or operation of the combustor or related systems to enable
the source to comply with the total chlorine MACT standard. See 70 FR
at 59484. We agreed with that concern and therefore allowed the
permitting authority to extend the compliance date. We inadvertently
did not limit the extension of the compliance date to one year, however,
consistent with the General Provisions and CAA section 112(i)(3)(B).
3. The Health-Based Compliance Alternative Requirements Are Applicable
Requirements
We stated in the preamble to the final rule in response to comments
that, because the health-based compliance alternative requirements are
clearly defined (e.g., HCl-equivalent emission limits, chlorine
feedrate limits), and because any standards or requirements created
under CAA section 112 are considered applicable requirements under 40
CFR part 70, the compliance alternatives would be incorporated into
Title V permits. See 70 FR at 59481.
Nonetheless, petitioner Sierra Club states that the Agency cannot
rely on the Title V program as the vehicle for establishing health-
based compliance alternatives.
We are today providing an opportunity for comment on this provision
in general and on a proposal to revise the rule to add clarifying
regulatory language stating that Sec. 63.1215 requirements are
applicable requirements under part 70 and therefore must be included in
the Title V permit as would any other applicable requirement. We note
that the final rule specifies that operating requirements in the
Notification of Compliance are applicable requirements for purposes of
parts 70 and 71 of this chapter, and that the operating requirements
specified in the Notification of Compliance will be incorporated in the
Title V permit. See Sec. 63.1206(c)(1)(iv)-(v). The health-based
compliance alternative is implemented using an eligibility
demonstration that is independent from the Notification of Compliance.
See Sec. 63.1215(c) and (e). Accordingly, we propose today to add new
Sec. 63.1215(e)(3) to clarify that the health-based compliance
alternative requirements established in an approved eligibility
demonstration are applicable requirements and must be included in the
Title V permit.
V. Other Proposed Amendments
A. Sunset Provision for the Interim Standards
In the preamble to the final rule (70 FR at 59503) we indicated in
response to a comment that we were including a sunset provision for the
interim standards in the final rule. However, that provision was
inadvertently omitted from the rule. In today's rule we propose to
incorporate sunset provisions into Sec. Sec. 63.1203, 63.1204, and
63.1205. As indicated in the referenced preamble, the Interim Standards
will be superseded by the final replacement standards on the compliance
date for the replacement standards. See proposed additions to
Sec. Sec. 63.1203(e), 63.1204(i), and 63.1205(e).
B. Operating Parameter Limits for Sources With Fabric Filters
In the final rule, we promulgated a new paragraph Sec.
63.1206(c)(8) that sets forth operating parameter limits for sources
equipped with a baghouse (fabric filter) (70 FR at 59486). If you use a
baghouse to comply with one or more emission standard(s), you are
either required to use a bag leak detection system that meets the
specifications of Sec. 63.1206(c)(8)(ii), or meet the particulate
matter detection system requirements specified in Sec. 63.1206(c)(9).
However, the current language of Sec. 63.1206(c)(9) appears to
restrict the particulate matter detection system requirement to
electrostatic precipitators and ionizing wet scrubbers. This was never
our intent. Consequently, in today's notice we are proposing to amend
Sec. 63.1206(c)(9) to include baghouses.
C. Confirmatory Performance Testing Not Required for Sources That Are
Not Subject to a Numerical Dioxin/Furan Emission Standard
Section 63.1207(b)(3) of the final rule requires a one-time only
test for dioxin/furan emissions for those sources that are not required
to meet a numerical dioxin/furan emission standard. You are only
required to repeat this test if you change the design or operation of
the source in a manner that may increase dioxin/furan emissions.
Because dioxin/furan testing is the only component of the confirmatory
performance test (see Sec. 63.1207(b)(2)), it logically follows that
confirmatory performance testing is not required for these sources.
Nevertheless, the final rule did not include an explicit exemption from
the confirmatory performance test requirement. In today's notice, we
are proposing to add a new paragraph (vi) to Sec. 63.1207(b)(3) to
clarify this point.
D. Periodic Performance Tests for Phase I Sources
Section 63.1207(d)(1) requires periodic comprehensive performance
testing to begin no later than 61 months after commencing the previous
comprehensive performance test. Section 63.1207(d)(2) requires
confirmatory performance testing to begin no later than 31 months after
commencing the previous performance test. However, in the Interim
Standards Rule, promulgated on February 13, 2002, we added Sec.
63.1207(d)(4) that waived these periodic test requirements under the
interim standards (67 FR at 6815).
Section 63.1207(d)(4) also includes language reinstating the
periodic test requirements upon promulgation of the final replacement
standards (i.e., October 12, 2005). Our intent was to reinstate
periodic testing only for sources operating under the October 12, 2005
replacement standards, not the
[[Page 52640]]
interim standards. However, the current language could also be
misinterpreted to require periodic testing by sources that remain under
the interim standards. In today's rule, we propose to amend Sec.
63.1207(d) to clarify that periodic comprehensive performance testing
and confirmatory performance testing are only required for sources
operating under the final replacement standards. For the reasons
discussed in the preamble to the interim standards rule (67 FR at
6802), periodic testing is not required for sources that remain
operating under the interim standards.
E. Performance Test Waiver for Sources Subject to Hazardous Waste
Thermal Concentration Limits
In the 1999 final rule (64 FR at 52828), we waived the performance
test requirement for mercury, semivolatile metals, low volatile metals,
or hydrogen chloride/chlorine gas for sources that demonstrated that
the maximum theoretical emission concentration (MTEC) did not exceed
the emission standard for that HAP. See Sec. 63.1207(m). In essence,
this provision waives the performance test if the constituent feed rate
(after conversion to an exhaust gas concentration using continuously
monitored exhaust gas flow data) is less than the applicable emission
rate, assuming that 100% of the constituent in the feed is emitted from
the combustion unit.
In the 2005 final rule (70 FR at 59402), for certain source
categories (i.e., liquid fuel boilers, cement kilns, and lightweight
aggregate kilns), we limited the feedrate of these same constituents in
proportion to the heat input from hazardous waste. See, for example,
Sec. 63.1217(a)(2)(ii). We refer to these as hazardous waste thermal
concentration emission limits.\50\ In today's notice, we propose to
amend Sec. 63.1207(m) to waive performance tests for any constituent
whose thermal concentration in the waste feed is at or below the
applicable thermal concentration emission limit. This is analogous to
the performance test waiver for sources that comply with MTEC
standards. Although performance tests would not be required, the
thermal concentration emission limits would remain in effect during
source operations.
---------------------------------------------------------------------------
\50\ Note that are granting reconsideration of the decision to
subcategorize the liquid fuel boiler source category by heating
value, which includes standards based on this potential normalizing
parameter. See Section IV.A above.
---------------------------------------------------------------------------
F. Averaging Method When Calculating 12-Hour Rolling Average Thermal
Concentration Limits
The replacement standards for cement kilns and lightweight
aggregate kilns limit the emissions of semivolatile metals (cadmium and
lead) and low volatile metals (arsenic, beryllium, and chromium) from
hazardous waste feeds relative to the heating value of those feeds. In
order to monitor compliance with those requirements, Sec.
63.1209(n)(2)(iii) requires the source to establish a 12-hour rolling
average feedrate limit for those metals on a thermal concentration
(e.g., pounds per million British thermal unit) basis. The limits are
derived from operating levels during the comprehensive performance test.
For reasons discussed in the 1999 final rule (64 FR at 52922), EPA
has consistently required sources to calculate most of their operating
parameter limits as the average of each relevant test run average
recorded during the comprehensive performance test. Section
63.1209(n)(2)(iii) describes how to calculate the average thermal
concentration of metals for each test run, but it does not explicitly
describe how to calculate the thermal concentration limit. In today's
notice, we are proposing to amend Sec. 63.1209(n)(2)(iii) to indicate
that the metal thermal concentration limit is the average of the
individual test run averages.
G. Calculating Rolling Averages for Averaging Periods in Excess of 12
Hours
The final rule allows operators of liquid fuel boilers to average
certain feed rate limits over a period of up to one year. This applies
to the mercury and semivolatile feed rate limits. Sec. Sec.
63.1209(n)(2)(v)(A)(iv) and (n)(3)(v) as well as Sec. Sec.
63.1209(l)(1)(ii)(B)(5) and (l)(1)(C)(5) all describe the same method
for calculating averages of longer than 12 hours upon initial
compliance with the rule. They require that you calculate the average
of all 1-minute average values until you have acquired data for the
full averaging period (i.e., up to one year). Thereafter, you are
required to update this value each hour using the 60-minute average
feedrate from the previous hour.
EPA recognizes that these approaches may needlessly complicate data
management and could require increased data storage. Therefore, we are
proposing to amend these sections of the regulation in two ways. The
first change will explicitly allow you to calculate long-term rolling
averages using only the 1-minute data that you are otherwise required
to record. If you choose this approach, you would calculate long-term
averages in exactly the same manner as all other rolling averages, with
the value being updated every minute. There would be no requirement to
switch to a different system after completion of the initial averaging
period. Alternatively, you may still choose to use the hourly update
option specified in the current regulations. If you choose this latter
option, however, we are proposing to allow you to begin using hourly
updates after completing at least 12 hours of monitoring using 1-minute
updates. (The current regulation only allows hourly updates after
completing the first long-term averaging period, that could be up to
one year.) We believe that this will allow you to begin ``normal''
monitoring operations as soon as possible without any significant
effect on accuracy.
We wish to emphasize that the definition of continuous monitor
requires that you maintain all one-minute average values in your
operating record regardless of whether you elect one-minute or hourly
updates to the rolling average. Pursuant to Sec. 63.10(b)(1) of the
MACT General Provisions, these data must be retained for a period of at
least five years.
H. Calculating Rolling Averages
Most of the feed rate, emission rate, and operating parameter
limits established in the HWC MACT rule are monitored on a rolling
average basis that varies from hourly to annually. Continuously
monitored parameters must be recorded at least once each minute. The
rolling average is then calculated as the average of the one-minute
values for the duration of the most recent averaging period. For
example, a one-hour rolling average temperature value would be
calculated by averaging the 60 most recent one-minute temperature
readings, with a new hourly rolling average value being generated every
minute.
In the 1999 final rule, the longest permissible rolling average
period was 12 hours. However, in the 2005 final rule, we allowed up to
annual averaging for those emission standards that are based on
``normal'' feed data. (See the liquid fuel boiler standards for mercury
and semivolatile metals under Sec. 63.1217.) In recognition of the
fact that these long-term averages would not vary significantly over
short time periods, we chose to allow you to update these rolling
averages hourly, rather than every minute. Our intent was to retain
one-minute updates for averaging periods up to 12 hours while allowing
[[Page 52641]]
hourly updates for longer averaging periods. However, we inadvertently
specified hourly updates for several parameters that are not subject to
long-term (i.e., greater than 12-hour) averaging. This occurred for
three parameters: the chromium feedrate in liquid fuel boilers burning
hazardous waste with a heating value of 10,000 Btu per pound or greater
under Sec. 63.1209(n)(2)(v)(B)(1)(i), the chromium feedrate in liquid
fuel boilers burning hazardous waste with a heating value of less than
10,000 Btu per pound under Sec. 63.1209(n)(2)(v)(B)(2), and the
chlorine thermal concentration feedrate limit for liquid fuel boilers
burning hazardous waste with a heating value of not less than 10,000
Btu per pound under Sec. 63.1209(o)(1)(ii)(A)(3). In today's notice,
we are proposing to delete the hourly update references for these three
parameters.
I. Timing of the Periodic Review of Eligibility for the Health-Based
Compliance Alternatives for Total Chlorine
If you choose to comply with the health-based compliance
alternatives for total chlorine, Sec. 63.1215(h)(2)(i) requires you to
review your eligibility under that alternative at least every five
years. The results must be submitted to the regulatory authority for
review and approval. However, there is some ambiguity in the exact
timing of that submission in the current regulatory language.
In this action, we propose to eliminate the ambiguity by amending
Sec. 63.1215(h)(2)(i) to indicate that the results of your 5-year
review are due to the permitting authority at the time you submit your
comprehensive performance test plan (as specified in the current rule).
This will most likely be approximately four years (not five, as
indicated in the current rule) after your last comprehensive
performance test.
J. Expressing Particulate Matter Standards Using the International
System of Units (SI)
In the final rule, we expressed the particulate matter standards
for incinerators, cement kilns, and lightweight aggregate kilns using
English units (gr/dscf) while expressing the particulate matter
standards for liquid and solid fuel boilers using SI units (mg/dscm).
Our preference is to express all particulate matter standards in SI
units and we are proposing to revise the particulate matter standards
in Sec. Sec. 63.1216 through 63.1221 by expressing the standards in SI
units.\51\ When making the conversion from English units to SI units,
we are proposing to convert the calculated particulate matter results
prior to the step in which the results were rounded to two significant
figures. For example, the calculated MACT floor for existing
incinerators was 0.0133 gr/dscf, that was rounded to 0.013 gr/dscf (the
latter being the promulgated standard).\52\ Thus, our proposed approach
would convert 0.0133 gr/dscf to SI units. We believe this approach for
converting English to SI units more accurately reflects the MACT
standards identified in the final rule because making the conversion to
SI units after rounding the results (in English units) can introduce
imprecision. In addition, we also would recalculate and revise as
necessary the liquid and solid fuel boiler standards using the same
approach (i.e., existing solid fuel boilers and existing liquid fuel
boilers). The table below shows the results of the conversion to SI units.
---------------------------------------------------------------------------
\51\ We are not proposing to revise the particulate matter
standards in Sec. Sec. 63.1203 thru 63.1205 because affected
sources are already complying with these standards.
\52\ See USEPA, ``Technical Support Document for HWC MACT
Standards, Volume III: Selection of MACT Standards,'' September
2005, Appendix F, Table ``APCD-INC-PM.''
Proposed Particulate Matter Standards Expressed in SI Units
----------------------------------------------------------------------------------------------------------------
Proposed standard in
Source category Type of source Promulgated standard SI units
----------------------------------------------------------------------------------------------------------------
Solid Fuel Boilers (Sec. Existing New............. 68 mg/dscm 69 mg/dscm
63.1216). 34 mg/dscm 34 mg/dscm
Liquid Fuel Boilers (Sec. Existing New............. 80 mg/dscm 79 mg/dscm
63.1217). 20 mg/dscm 20 mg/dscm
Incinerators (Sec. 63.1219).... Existing New............. 0.013 gr/dscf 30 mg/dscm
0.0015 gr/dscf 3.5 mg/dscm
Cement Kilns (Sec. 63.1220).... Existing New............. 0.028 gr/dscf 65 mg/dscm
0.0023 gr/dscf 5.3 mg/dscm
Lightweight Aggregate Kilns (Sec. Existing New............. 0.025 gr/dscf 57 mg/dscm
63.1221). 0.0098 gr/dscf 22 mg/dscm
----------------------------------------------------------------------------------------------------------------
We acknowledge that several of the particulate matter standards
shown in the table above may be revised as a result of the
reconsideration of the particulate matter standard for new cement kilns
(71 FR at 14665). If any particulate matter standards are revised, we
would apply the same procedure to convert the new standards to SI units.
Accordingly, we propose to revise the following particulate matter
standards: Sec. Sec. 63.1216(a)(7); 63.1217(a)(7); 63.1219(a)(7) and
(b)(7); 63.1220(a)(7)(i) and (b)(7)(i); and 63.1221(a)(7) and (b)(7).
K. Mercury Standards for Cement Kilns
In the final rule, we intended to establish a two-pronged approach
for controlling mercury emissions from cement kilns. See preamble
discussion at 70 FR at 59468. Step one establishes a maximum
concentration of mercury in the hazardous waste feed. Step two allows
the source to choose between either a traditional approach of limiting
the total mercury feed rate and relevant operating parameters, or a
maximum theoretical emission concentration (MTEC) approach. The MTEC is
calculated as described in Sec. 63.1207(m)(2) except that, in this
case, it is calculated for the hazardous waste feed(s) only.
Although we believe that the preamble description of this approach
is clear, the regulatory language, promulgated in Sec. Sec.
63.1220(a)(2) and (b)(2), is not.\53\ Our intent was to require all
affected cement kilns to comply with Sec. 63.1220(a)(2)(i). In
addition, the source has the option of complying with either Sec.
63.1220(a)(2)(ii) or (a)(2)(iii). However, the current language could
be misinterpreted to allow the source to comply only with Sec.
63.1220(a)(2)(iii).
[[Page 52642]]
Today, we are proposing to amend Sec. 63.1220(a)(2) to more clearly
reflect our original intent. Conforming changes to the mercury
monitoring requirements of Sec. 63.1209(l)(1)(iii) and (iv) are also
proposed.
---------------------------------------------------------------------------
\53\ For brevity, the remaining regulatory citations refer only
to the standards for existing cement kilns. However, the same
changes are proposed for both existing and new kilns.
---------------------------------------------------------------------------
L. Facilities Operating Under RCRA Interim Status
In response to the proposed rule (69 FR at 21198), one commenter
expressed concern that sources operating under Resource Conservation
and Recovery Act (RCRA) interim status would have to obtain approval of
the RCRA implementing authority before proceeding with facility
modifications required to meet the MACT standards. The commenter noted
that delays in gaining that approval would adversely affect a source's
ability to comply with the MACT standards on time. We responded to this
issue in our response to comments document.\54\ However, we did not
address it in either the preamble or the final rule itself.
Consequently, this appears to be an ongoing source of confusion among
affected sources, as well as some regulatory agencies. In order to
promote consistent interpretation of the RCRA interim status
requirements across all jurisdictions, the discussion that follows
reiterates EPA's long-standing position previously set forth in the
comment response document. States are strongly encouraged to adhere to
this interpretation in order to facilitate timely compliance with the
HWC MACT replacement standards.
---------------------------------------------------------------------------
\54\ USEPA, ``Response to Comments on April 20, 2004 HWC MACT
Proposed Rule, Volume IV: Permitting,'' September 2005, Pages 16-17.
---------------------------------------------------------------------------
At issue here is the interpretation of Sec. 270.72(a)(3), that
requires sources operating under interim status to obtain approval from
the regulatory authority for ``Changes in the processes for the
treatment, storage, or disposal of hazardous waste or addition of
processes * * *'' The term ``process'' refers to the general category
of waste treatment, storage, or disposal (e.g., incinerator, cement
kiln, boiler, etc.) as indicated on the Part A permit form (EPA Form
8700-23). It does not include air pollution control devices, monitoring
equipment, or process controls, none of which are identified on the
Part A form. Consequently, changes to those monitoring and control
systems do not require approval under Sec. 270.72(a)(3). Neither would
a change in operating conditions (e.g., an increase in the combustion
temperature) be subject to Sec. 272.72(a)(3) because operating
conditions are also not included in the Part A permit form.
We note that sources subject to the boiler and industrial furnace
(BIF) requirements (40 CFR part 266, subpart H) under RCRA would be
required to submit revised certifications of compliance when making any
changes that could affect emissions or operating parameter limits.
However, those changes do not require prior approval of the regulatory
authority so they should not impede your compliance with the HWC MACT
standards.
VI. Revised Time Lines
The time line labeled as Figure 1 published in the final rule at 70
FR at 59524, depicts an incorrect ``effective'' date for the Phase 1
Replacement Standards and Phase 2 Standards final rule. As a result,
all subsequent dates on the time line are also incorrect. The time line
labeled as Figure 2 published in the final rule at 70 FR at 59525
incorrectly includes the rule's effective date, as well as subsequent
dates based on the effective date. Today's notice revises both time
lines to reflect the correct dates or time frames associated with the
compliance activities for both Phase 1 and Phase 2 sources. In addition
to revising the dates, we felt it would be helpful to include the
following remarks for both Figures 1 and 2.
With respect to figure 1, the time line is now broken into three
sections to reflect the separate requirements (i.e., different time
frames) negotiated for Phase 1 sources for the Replacement Standards.
The first section of the time line, beginning with the promulgation
date, provides compliance activities and dates applicable to both Phase
1 and Phase 2 sources. The second and third portions of the time line
represent Phase 1 and Phase 2 sources individually, beginning with the
first compliance activity that specifies a different deadline; that is,
the comprehensive performance test (CPT) plan and continuous monitoring
system (CMS) performance evaluation test plan due date.
Note that the dates on the time line generally do not apply to
sources that elect to comply with the final standards early, as well as
to sources that have received site-specific compliance date or
performance test date extensions. Also, as a result of expanding the
time line into three sections from the previous two, we have removed
the note at the bottom of the page, identified by an asterisk that
discussed Title V requirements, to provide better visual clarity.
Rather, we have chosen to reiterate it here in this notice. Therefore,
for the activity identified as Include NOC in Title V Permit, we note
that because of the variability of the Title V program requirements,
most Title V permit actions (application due dates, revisions,
reopenings, etc.) are not included in this time line. Please refer to
the particular source's current Title V permit status, Title V
regulations, and individual permitting authority's requirements.
Finally, the compliance activity dates that are tied to when
sources commence their performance test are identified with an
asterisk. We characterize these dates as ``no later than dates.'' This
assumes that the source commences testing on the last allowable day.
All compliance activities marked with an asterisk would therefore shift
back by the number of days the source commences testing prior to the
last allowable day. For example, if a Phase 2 source commences testing
on April 4, 2009 (versus the 14th, which is the last allowable day
without an extension), then it must submit its CPT plan and CMS
performance evaluation test plan on April 4, 2008. Also, that source
must complete its CPT by June 4, 2009 and submit its notification of
compliance no later than September 4, 2009.
In regard to Figure 2, we have removed the dates from the time
line, since they would not be representative of a new unit's compliance
deadlines. A new unit's compliance activity deadlines are based on when
it begins operations, which is the unit's compliance date and the date
it must place a Documentation of Compliance in the operating record.
Thus, the effective date of the rule is not applicable to new units and
consequently, the Notice of Intent to Comply (NIC) provisions in
Sec. Sec. 63.1210(b)(3) and (c)(1) that specify a deadline based on
the effective date of the rule, also would not apply. Since we have
always intended that new units follow the same NIC procedures as
existing units, we have revised Sec. Sec. 63.1210(b)(3) and (c)(1) to
also include the period of time between the NIC activities so that they
correctly apply to both existing and new units. (See Section VII.C
(Clarifications to the NIC Provisions for New Units) below for
additional discussion.) The time line now reflects the period of time
that elapses between public review of the draft NIC and CPT plan, the
NIC public meeting, and the final NIC submission deadline. Aside from
the corrections
[[Page 52643]]
made to this time line, we would like to remind readers that the
preamble to the final rule contains a detailed discussion of the
compliance activities listed on Figure 2. See 70 FR at 59522-59523.
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VII. Technical Corrections and Other Clarification
We identified minor drafting errors and inadvertent omissions after
promulgation of the HWC NESHAP. In this section we are providing
advance notice of technical corrections that we plan to promulgate when
we take final action on this proposed rule. In addition, we provide
clarification of the applicability of Title V permit requirements to
Phase 2 area sources.
A. What Typographical Errors Would We Correct?
We would revise Sec. 63.1206(a)(2)(ii)(A) to correct the cut-off
date after which a new or reconstructed source is subject to the new
source emission standards. Currently, this paragraph incorrectly
specifies October 12, 2005, which is the date the final rule was
published, instead of April 20, 2004, which is the date the proposed
rule was published. See proposed revision to Sec.
63.1206(a)(2)(ii)(A).
We also would correct the paragraph heading to Sec. 63.1206(a)(2)
that currently refers to ``hydrogen chloride production furnaces''
instead of ``hydrochloric acid production furnaces.'' See proposed
revision to Sec. 63.1206(a)(2). In addition, we would correct a
provision that inadvertently uses incorrect terminology when referring
to emissions of ``hydrogen chloride and chlorine gas.'' See proposed
revision Sec. 63.1206(b)(16).
We also would revise Sec. 63.1210(b) to clarify that the public
meeting and notice requirements of the notice of intent to comply (NIC)
provisions under paragraph (c) of this section do not apply to sources
that have already submitted their NIC. We would also revise Sec.
63.1210(b) to make clear that the NIC certification requirements under
Sec. 63.1212(a) likewise do not apply to sources that have already
submitted their NIC. See proposed revision to Sec. 63.1210(b).
We also would correct the formula under Sec. 63.1215(b)(2) that is
used to calculate the annual average toxicity-weighted HCl-equivalent
emission rate for each hazardous waste combustor under the health-based
compliance alternatives for total chlorine. The formula uses
incorrectly the term ERtw instead of ERLTtw for
the annual average HCl toxicity-weighted emission rate considering
long-term exposures. See proposed revision to Sec. 63.1215(b)(2).
We also would correct several other typographical errors in Sec.
63.1215. First, paragraph (b)(6)(ii)(C) would be revised by replacing
the word ``the se'' with ``these'' and the term ``Method 26/26a'' with
``Method 26/26A.'' Additionally, paragraph (f)(5)(ii)(A) would be
revised by replacing the word ``you'' with ``your.'' Finally, we would
revise paragraphs (a)(2) and (b)(3) so that the term ``aREL'' (acute
reference exposure level) is used consistently throughout Sec.
63.1215. See proposed revisions to Sec. Sec. 63.1215(a)(2), (b)(3),
(b)(6)(ii)(C) and (f)(5)(ii)(A).
We also would revise the total chlorine standards for existing and
new liquid fuel boilers that burn hazardous waste with an as-fired
heating value of 10,000 Btu/lb or greater by expressing the emission
standard with two significant figures. Currently, the total chlorine
standards under Sec. Sec. 63.1217(a)(6)(ii) and (b)(6)(ii) are
expressed with three significant figures. This is inconsistent with how
emission standards are expressed in the HWC NESHAP (see Sec.
63.1217(d) and 64 FR at 52848). Therefore, we would revise the total
chlorine standard from 5.08E-02 to 5.1E-02 lb combined emissions of
hydrogen chloride and chlorine gas attributable to the hazardous waste
per million Btu heat input from the hazardous waste. See proposed
revisions to Sec. 63.1217(a)(6)(ii) and (b)(6)(ii).
B. What Citations Would We Correct?
We would revise an incorrect citation in Sec. 63.1206(b)(14)(iv)
that refers inadvertently to paragraphs (e)(2) and (e)(3) instead of
(b)(14)(ii) and (iii) in Sec. 63.1206. See proposed revision to Sec.
63.1206(b)(14)(iv).
Paragraphs (g)(2)(i) and (ii) under Sec. 63.1209 refer
inadvertently to paragraph (g)(2)(iv) instead of (g)(2)(v). We would
revise these incorrect citations. See proposed revisions to Sec. Sec.
63.1209(g)(2)(i) and (ii).
We also would revise an incorrect citation in Sec.
63.1209(n)(2)(vii) that refers inadvertently to paragraphs (l)(1)(i)
through (iii) instead of (n)(2)(ii) through (vi). See proposed revision
to Sec. 63.1209(n)(2)(vii).
We also would revise an incorrect citation in Sec.
63.1215(a)(1)(i). This paragraph refers inadvertently to paragraph
(b)(4) instead of (b)(7) of Sec. 63.1215. See proposed revision to
Sec. 63.1215(a)(1)(i).
In the final rule, we amended Sec. 264.340(b) by adding a new
paragraph (b)(5) stating that the particulate matter standard under
Sec. 264.343(c) remains in effect for incinerators that elect to
comply with the alternative to the particulate matter standards under
Sec. Sec. 63.1206(b)(14) and 63.1219(e). However, the addition of
paragraph (b)(5) included a requirement that was redundant to existing
requirements under paragraph (b)(3) of that same section. We would
remove this redundancy by combining the requirements of paragraphs
(b)(3) and (b)(5) into a revised paragraph (b)(3). See proposed
revision to Sec. 264.340(b).
We also would revise an incorrect citation in Sec. 266.100(b)(3)
that contains two subparagraphs designated as (b)(3)(ii). This revision
would redesignate the second paragraph (b)(3)(ii) as (b)(3)(iii). See
proposed revision to Sec. 266.100(b)(3).
C. Corrections to the NIC Provisions for New Units
In the final rule, we established additional Notice of Intent to
Comply (NIC) provisions for new units to ensure that the public would
be provided opportunities to participate early in the regulatory
development process. This included providing the public with combustor-
specific information equivalent to what would be required via the RCRA
permitting process for hazardous waste combustors. Recall that we no
longer require new units to develop trial burn plans and provide
suggested conditions for the various phases of operation in their
permit applications or permit modification requests. See 70 FR at
59520. The NIC provisions for new units, located under Sec. Sec.
63.1212(b) and (c), were developed with the above in mind.
While revising the time line for new units (see Figure 2 shown
above in Section VI (Revised Time Lines)) it became apparent that we
overlooked the fact that the final rule's effective date has no bearing
on new units. A new unit's compliance activity deadlines are based on
when it begins operations, which is the unit's compliance date and the
date it must place a Documentation of Compliance in the operating
record. Therefore, the NIC deadlines are only based upon each
individual NIC compliance activity. For example, the clock will begin
when the new unit provides the draft NIC and draft CPT plan to the
public for review. Once the draft NIC and draft CPT plan are made
available for public review, the combined public meeting must occur 30
days later, followed by the final NIC submission an additional 60 days
later. Since the public meetings for the NIC and the RCRA pre-
application or modification request must occur simultaneously, we
anticipate that the new unit will plan accordingly and work with its
permitting authorities to determine the most suitable time to begin the
NIC compliance process.
Although the time line for new units has been corrected to remove
the effective date and the dates listed for the NIC activities, the NIC
regulatory
[[Page 52646]]
language in Sec. 63.1210(b)(3) and (c)(1) must be amended to also
account for new units. While the additional NIC provisions for new
units are located in Sec. 63.1212(b) and (c), they contain several
references to the core NIC provisions in Sec. 63.1210(b) and (c).
Obviously, we have always intended that new units follow the same NIC
procedures as existing units, in additionto the supplemental
requirements for new units. In developing the additional requirements
under Sec. 63.1212, we inadvertently neglected to revise Sec.
63.1210(b)(3) and (c)(1) to include a specific number of days between
NIC compliance activities in addition to the effective date. Therefore,
the NIC provisions under Sec. Sec. 63.1210(b)(3) and (c)(1) would be
revised to correctly apply to both existing and new units.
Lastly, upon review of the regulations at Sec. 63.1212, we have
discovered that paragraph (b)(4) should have included references to
Sec. 63.1210(c)(1) and (c)(2). As discussed above, it has always been
our intent that new units follow the same NIC procedures as existing
units. However, without the proper references in Sec. 63.1212(b)(4),
the requirements of Sec. 63.1210(c)(1) and (c)(2) could be read to not
apply to new units. Section 63.1212(b)(4) would be revised to clarify
that the core NIC provisions continue to be applicable. Also, Sec.
63.1212 (b)(1) would be revised to remove ``according to'' and ``per''
and add the words ``pursuant to'' so that it is consistent with other
paragraphs in (b); and Sec. 63.1212(b)(3) would be revised to correct
a typographical error.
D. Clarification of the Applicability of Title V Permit Requirements to
Phase 2 Area Sources
In the preamble to the final rule, we discuss the applicability of
Title V permit requirements to Phase 2 area sources (see 70 FR at
59523). For example, we note that in the 2004 proposal we stated that
we were not making a positive area source finding for Phase 2 area
sources as we have for Phase 1 area sources (69 FR at 21212 and 21325).
Regardless of this, however, we explain that Phase 2 area sources are
still subject to the requirement to obtain a Title V permit because
they are subject to section 112 standards. See section 502(a) of the
CAA and 40 CFR 70.3(b)(2) and 71.3(b)(2).
On this same page in the final rule preamble, we further explain
that, in accordance with 40 CFR 70.3(c) and 70.5(c)(3), a Title V
permit application needs to include emissions information relative to
all regulated air pollutants that are emitted from the subject units,
not just the specific HAP pollutants regulated by the MACT standards.
However, we then say, ``Although, the permit itself would contain
standards only for the HAP subject to MACT standards (the section
112(c)(6) HAP).'' Initially this phrase was part of a longer sentence
in a draft version of the preamble and was inadvertently incorporated
into the final preamble. While the intent of the sentence was to note
that a source cannot be required to control more HAP than is regulated
by the relevant MACT standards, this sentence is not needed given that
Title V permits cannot modify applicable requirements to address
additional HAP. Moreover, this phrase is confusing given that all
applicable requirements that apply to the subject area source units,
not just the relevant MACT standard requirements, are required to be
included in the permits for these units. Lastly, this phrase is
confusing because it was included at a point in the discussion where
permit applications, not permits, were being discussed.
Therefore, in this action, we reiterate that a Title V permit
application needs to include emissions information relative to all
regulated air pollutants that are emitted from the units subject to the
MACT standards, not just the specific HAP pollutants regulated by the
MACT standards. Additionally, all MACT standards that apply to the
subject units (e.g., subpart EEE for hazardous waste burning boilers
and subpart DDDDD for non-hazardous waste burning boilers, etc.), as
well as all other applicable requirements that apply to these subject
units, e.g., State Implementation Plan requirements, are required to be
included in the Title V permits for Phase 2 area sources.
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action.'' Pursuant to the
terms of Executive Order 12866, it has been determined that today's
proposed rule constitutes a ``significant regulatory action'' because
this action raises novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order. Accordingly, EPA submitted this action to the
Office of Management and Budget (OMB) for review under EO 12866 and any
changes made in response to OMB recommendations have been documented in
the docket for this action.
This proposed rule is not considered to be an economically
significant action because the total social costs for this proposed
rule are significantly below the $100 million threshold established for
economically significant actions.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
because there is no additional burden on the industry as a result of
the proposed rule, and the ICR has not been revised.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure 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 impact of today's proposed rule on
small entities, a small entity is defined as: (1) A small business as
defined by the Small Business Administrations' 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; and (3) a small organization that is
any not-for-profit enterprise which is independently
[[Page 52647]]
owned and operated and is not dominant in the field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. EPA has
determined that none of the small entities will experience a
significant economic impact because the notice imposes no additional
regulatory requirements on owners or operators of affected sources. We
continue to be interested in the potential impacts of the proposed rule
on small entities and welcome comments on issues related to such
impacts.
D. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that today's notice of reconsideration does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, or tribal governments, in the
aggregate, or to the private sector in any one year. Although our best
estimate of total social costs of the final rule was $22.6 million per
year, today's notice does not add new requirements that would increase
this cost. See 70 FR at 59532. Thus, today's proposed rule is not
subject to sections 202 and 205 of the UMRA. EPA has also determined
that the notice of reconsideration contains no regulatory requirements
that might significantly or uniquely affect small governments because
it contains no regulatory requirements that apply to such governments
or impose obligations upon them. Thus, today's proposed rule is not
subject to the requirements of section 203.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
Today's proposed 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 rule, as
proposed, is not projected to result in economic impacts to privately
owned hazardous waste combustion facilities. Marginal administrative
burden impacts may occur at selected States and/or EPA regional offices
if these entities experience increased administrative needs or
information requests. Thus, Executive Order 13132 does not apply to
this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This notice of
reconsideration does not have tribal implications, as specified in
Executive Order 13175. No affected facilities are owned or operated by
Indian tribal governments. Thus, Executive Order 13175 does not apply
to this notice of reconsideration.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997) applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
Today's proposed rule is not subject to E.O. 13045 because it is
not economically significant as defined under point one of the Order,
and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 Fed Reg
28355 (May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
we have concluded that this rule is not likely to have any adverse
energy effects.
I. National Technology Transfer and Advancement Act
As described in the October 2005 final rule, Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (``NTTAA''),
Public Law No. 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use
voluntary consensus standards in its regulatory activities
[[Page 52648]]
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 voluntary
consensus standards bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable voluntary consensus standards. During the development of
the final rule, EPA searched for voluntary consensus standards that
might be applicable. The search identified the following consensus
standards that were considered practical alternatives to the specified
EPA test methods: (1) American Society for Testing and Materials (ASTM)
D6735-01, ``Standard Test Method for Measurement of Gaseous Chlorides
and Fluorides from Mineral Calcining Exhaust Sources--Impinger
Method,'' and (2) American Society of Mechanical Engineers (ASME)
standard QHO-1-2004, ``Standard for the Qualification and Certification
of Hazardous Waste Incineration Operators.'' Today's notice of
reconsideration does not propose the use of any additional technical
standards beyond those cited in the final rule. Therefore, EPA is not
considering the use of any additional voluntary consensus standards for
this notice.
List of Subjects
40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
40 CFR Part 264
Environmental protection, Air pollution control, Hazardous waste,
Insurance, Packaging and containers, Reporting and recordkeeping
requirements, Security measures, Surety bonds.
40 CFR Part 266
Environmental protection, Energy, Hazardous waste, Recycling,
Reporting and recordkeeping requirements.
Dated: August 24, 2006.
Stephen L. Johnson,
Administrator.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:
PART 63--NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Section 63.1203 is amended by adding paragraph (e) to read as
follows:
Sec. 63.1203 What are the standards for hazardous waste incinerators
that are effective until compliance with the standards under Sec. 63.1219?
* * * * *
(e) The provisions of this section no longer apply after any of the
following dates, whichever occurs first:
(1) The date that your source begins to comply with Sec. 63.1219
by placing a Documentation of Compliance in the operating record
pursuant to Sec. 63.1211(c);
(2) The date that your source begins to comply with Sec. 63.1219
by submitting a Notification of Compliance pursuant to Sec.
63.1210(b); or
(3) The date for your source to comply with Sec. 63.1219 pursuant
to Sec. 63.1206 and any extensions granted thereunder.
3. Section 63.1204 is amended by adding paragraph (i) to read as
follows:
Sec. 63.1204 What are the standards for hazardous waste burning
cement kilns that are effective until compliance with the standards
under Sec. 63.1220?
* * * * *
(i) The provisions of this section no longer apply after any of the
following dates, whichever occurs first:
(1) The date that your source begins to comply with Sec. 63.1220
by placing a Documentation of Compliance in the operating record
pursuant to Sec. 63.1211(c);
(2) The date that your source begins to comply with Sec. 63.1220
by submitting a Notification of Compliance pursuant to Sec.
63.1210(b); or
(3) The date for your source to comply with Sec. 63.1220 pursuant
to Sec. 63.1206 and any extensions granted thereunder.
4. Section 63.1205 is amended by adding paragraph (e) to read as
follows:
Sec. 63.1205 What are the standards for hazardous waste burning
lightweight aggregate kilns that are effective until compliance with
the standards under Sec. 63.1221?
* * * * *
(e) The provisions of this section no longer apply after any of the
following dates, whichever occurs first:
(1) The date that your source begins to comply with Sec. 63.1221
by placing a Documentation of Compliance in the operating record
pursuant to Sec. 63.1211(c);
(2) The date that your source begins to comply with Sec. 63.1221
by submitting a Notification of Compliance pursuant to Sec.
63.1210(b); or
(3) The date for your source to comply with Sec. 63.1221 pursuant
to Sec. 63.1206 and any extensions granted thereunder.
5. Section 63.1206 is amended as follows:
a. By revising paragraph (a)(2) paragraph heading and the first
sentence of paragraph (a)(2)(ii)(A).
b. By revising paragraphs (b)(14)(iv) and (b)(16) introductory text.
c. By revising paragraph (c)(9) introductory text.
Sec. 63.1206 When and how must you comply with the standards and
operating requirements?
(a) * * *
(2) Compliance date for solid fuel boilers, liquid fuel boilers,
and hydrochloric acid production furnaces that burn hazardous waste for
standards under Sec. Sec. 63.1216, 63.1217, and 63.1218. * * *
* * * * *
(ii) * * * (A) If you commenced construction or reconstruction of
your hazardous waste combustor after April 20, 2004, you must comply
with the new source emission standards of this subpart by the later of
October 12, 2005, or the date the source starts operations, except as
provided by paragraph (a)(2)(ii)(B) of this section. * * *
* * * * *
(b) * * *
(14) * * *
(iv) Operating limits. Semivolatile and low volatile metal
operating parameter limits must be established to ensure compliance
with the alternative emission limitations described in paragraphs
(b)(14)(ii) and (iii) of this section pursuant to Sec. 63.1209(n),
except that semivolatile metal feedrate limits apply to lead, cadmium,
and selenium, combined, and low volatile metal feedrate limits apply to
arsenic, beryllium, chromium, antimony, cobalt, manganese, and nickel,
combined.
* * * * *
(16) Compliance with subcategory standards for liquid fuel boilers.
You must comply with the mercury, semivolatile metals, low volatile
metals, and hydrogen chloride and chlorine gas standards for liquid
fuel boilers under Sec. 63.1217 as follows:
(c) * * *
(9) Particulate matter detection system requirements. If your
combustor is equipped with an electrostatic precipitator or ionizing
wet scrubber and you elect not to establish under Sec.
63.1209(m)(1)(iv) site-specific control
[[Page 52649]]
device operating parameter limits that are linked to the automatic
waste feed cutoff system under paragraph (c)(3) of this section, or
your combustor is equipped with a fabric filter and you elect to use a
particulate matter detection system pursuant to paragraph (c)(8)(i)(B)
of this section, you must continuously operate a particulate matter
detection system that meets the specifications and requirements of
paragraph (c)(9)(i) through (iii) of this section and you must comply
with the corrective measures and notification requirements of
paragraphs (c)(9)(iv) through (v) of this section.
* * * * *
6. Section 63.1207 is amended as follows:
a. By adding paragraph (b)(3)(vi).
b. By revising paragraphs (d)(1), (d)(2), and (d)(4).
c. By revising the first sentence of paragraphs (g)(2)(i) and
(g)(2)(ii).
d. By revising paragraph (m).
Sec. 63.1207 What are the performance testing requirements?
* * * * *
(b) * * *
(3) * * *
(vi) Sources that are required to perform the one-time dioxin/furan
test pursuant to paragraph (b)(3) of this section are not required to
perform confirmatory performance tests.
* * * * *
(d) * * *
(1) Comprehensive performance testing. Except as otherwise
specified in paragraph (d)(4) of this section, you must commence
testing no later than 61 months after the date of commencing the
previous comprehensive performance test used to show compliance with
Sec. Sec. 63.1216, 63.1217, 63.1218, 63.1219, 63.1220, or 63.1221. If
you submit data in lieu of the initial performance test, you must
commence the subsequent comprehensive performance test within 61 months
of commencing the test used to provide the data in lieu of the initial
performance test.
(2) Confirmatory performance testing. Except as otherwise specified
in paragraph (d)(4) of this section, you must commence confirmatory
performance testing no later than 31 months after the date of
commencing the previous comprehensive performance test used to show
compliance with Sec. Sec. 63.1216, 63.1217, 63.1218, 63.1219, 63.1220,
or 63.1221. If you submit data in lieu of the initial performance test,
you must commence the initial confirmatory performance test within 31
months of the date six months after the compliance date. To ensure that
the confirmatory test is conducted approximately midway between
comprehensive performance tests, the Administrator will not approve a
test plan that schedules testing within 18 months of commencing the
previous comprehensive performance test.
* * * * *
(4) Applicable testing requirements under the interim standards.
(i) Waiver of periodic comprehensive performance tests. Except as
provided by paragraph (c)(2) of this section, you must conduct only an
initial comprehensive performance test under the interim standards
(i.e., the standards published in the Federal Register on February 13,
2002); all subsequent comprehensive performance testing requirements
are waived under the interim standards. The provisions in the
introductory text to paragraph (d) and in paragraph (d)(1) of this
section apply only to tests used to demonstrate compliance with the
permanent replacement standards promulgated on or after October 12, 2005.
(ii) Waiver of confirmatory performance tests. You are not required
to conduct a confirmatory test under the interim standards (i.e., the
standards published in the Federal Register on February 13, 2002). The
confirmatory testing requirements in the introductory text to paragraph
(d) and in paragraph (d)(2) of this section apply only after you have
demonstrated compliance with the permanent replacement standards
promulgated on or after October 12, 2005.
* * * * *
(g) * * *
(2) * * *
(i) Carbon monoxide (or hydrocarbon) CEMS emissions levels must be
within the range of the average value to the maximum value allowed,
except as provided by paragraph (g)(2)(v) of this section. * * *
(ii) Each operating limit (specified in Sec. 63.1209) established
to maintain compliance with the dioxin/furan emission standard must be
held within the range of the average value over the previous 12 months
and the maximum or minimum, as appropriate, that is allowed, except as
provided by paragraph (g)(2)(v) of this section. * * *
* * * * *
(m) Waiver of performance test. You are not required to conduct
performance tests to document compliance with the mercury, semivolatile
metals, low volatile metals, or hydrogen chloride/chlorine gas emission
standards under the conditions specified in paragraphs (m)(1) or (m)(2)
of this section. The waiver provisions of this paragraph apply in
addition to the provisions of Sec. 63.7(h).
(1) Emission standards based on exhaust gas flow rate. (i) You are
deemed to be in compliance with an emission standard based on the
volumetric flow rate of exhaust gas (i.e. [mu]g/dscm or ppmv) if the
twelve-hour rolling average maximum theoretical emission concentration
(MTEC) determined as specified below does not exceed the emission standard:
(A) Determine the feedrate of mercury, semivolatile metals, low
volatile metals, or total chlorine and chloride from all feedstreams;
(B) Determine the stack gas flowrate; and
(C) Calculate a MTEC for each standard assuming all mercury,
semivolatile metals, low volatile metals, or total chlorine (organic
and inorganic) from all feedstreams is emitted;
(ii) To document compliance with this provision, you must:
(A) Monitor and record the feedrate of mercury, semivolatile
metals, low volatile metals, and total chlorine and chloride from all
feedstreams according to Sec. 63.1209(c);
(B) Monitor with a CMS and record in the operating record the gas
flowrate (either directly or by monitoring a surrogate parameter that
you have correlated to gas flowrate);
(C) Continuously calculate and record in the operating record the
MTEC under the procedures of paragraph (m)(1)(i) of this section; and
(D) Interlock the MTEC calculated in paragraph (m)(1)(i)(C) of this
section to the AWFCO system to stop hazardous waste burning when the
MTEC exceeds the emission standard.
(iii) In lieu of the requirement in paragraphs (m)(1)(ii)(C) and
(D) of this section, you may:
(A) Identify in the Notification of Compliance a minimum gas
flowrate limit and a maximum feedrate limit of mercury, semivolatile
metals, low volatile metals, and/or total chlorine and chloride from
all feedstreams that ensures the MTEC as calculated in paragraph
(m)(1)(i)(C) of this section is below the applicable emission standard;
and
(B) Interlock the minimum gas flowrate limit and maximum feedrate
limit of paragraph (m)(1)(iii)(A) of this section to the AWFCO system
to stop hazardous waste burning when the gas flowrate or mercury,
semivolatile metals, low volatile metals, and/or total chlorine and
chloride feedrate exceeds the limits of paragraph (m)(1)(iii)(A) of
this section.
(2) Emission standards based on hazardous waste thermal concentration.
[[Page 52650]]
(i) You are deemed to be in compliance with an emission standard
specified on a hazardous waste thermal concentration basis (i.e.,
pounds emitted per million Btu of heat input) if the HAP thermal
concentration in the waste feed does not exceed the allowable HAP
thermal concentration emission rate.
(ii) To document compliance with this provision, you must:
(A) Monitor and record the feedrate of mercury, semivolatile
metals, low volatile metals, and total chlorine and chloride from all
hazardous waste feedstreams in accordance with Sec. 63.1209(c);
(B) Determine and record the higher heating value of each hazardous
waste feed;
(C) Continuously calculate and record the thermal feed rate of all
hazardous waste feedstreams by summing the products of each hazardous
waste feed rate multiplied by the higher heating value of that
hazardous waste;
(D) Continuously calculate and record the total HAP thermal feed
concentration for each constituent by dividing the HAP feedrate
determined in paragraph (m)(2)(ii)(A) of this section by the thermal
feed rate determined in paragraph (m)(2)(ii)(C) of this section for all
hazardous waste feedstreams;
(E) Interlock the HAP thermal feed concentration for each
constituent with the AWFCO to stop hazardous waste feed when the
thermal feed concentration exceeds the applicable thermal emission
standard.
(3) When you determine the feedrate of mercury, semivolatile
metals, low volatile metals, or total chlorine and chloride for
purposes of this provision, except as provided by paragraph (m)(4) of
this section, you must assume that the analyte is present at the full
detection limit when the feedstream analysis determines that the
analyte is not detected is the feedstream.
(4) Owners and operators of hazardous waste burning cement kilns
and lightweight aggregate kilns may assume that mercury is present in
raw material at half the detection limit when the raw material
feedstream analysis determines that mercury is not detected.
(5) You must state in the site-specific test plan that you submit
for review and approval under paragraph (e) of this section that you
intend to comply with the provisions of this paragraph. You must
include in the test plan documentation that any surrogate that is
proposed for gas flowrate adequately correlates with the gas flowrate.
7. Section 63.1209 is amended as follows:
a. By revising paragraphs (l)(1)(iii)(B), (l)(1)(iii)(C)
introductory text, (l)(1)(iii)(D)(1), and (l)(1)(iii)(D)(2).
b. By revising paragraphs (n)(2)(iii)(A), (n)(2)(v)(A)(2)(iv),
(n)(2)(v)(B)(1)(i), (n)(2)(v)(B)(1)(ii), (n)(2)(v)(B)(2), and the first
sentence of paragraph (n)(2)(vii) introductory text.
c. By revising paragraph (o)(1)(ii)(A)(3).
Sec. 63.1209 What are the monitoring requirements?
* * * * *
(l) * * *
(1) * * *
(iii) * * *
(B) When complying with the emission standards under Sec. Sec.
63.1204 and 63.1220(a)(2)(ii)(A) and (b)(2)(ii)(A), you must establish
a 12-hour rolling average limit for the feedrate of mercury in all
feedstreams as the average of the test run averages;
(C) Except as provided by paragraph (l)(1)(iii)(D) of this section,
when complying with the hazardous waste maximum theoretical emission
concentration (MTEC) under Sec. 63.1220(a)(2)(ii)(B) and
(b)(2)(ii)(B), you must:
* * * * *
(D) * * *
(1) Identify in the Notification of Compliance a minimum gas
flowrate limit and a maximum feedrate limit of mercury from all
hazardous waste feedstreams that ensures the MTEC calculated in
paragraph (l)(1)(iii)(C)(4) of this section is below the operating
requirement under paragraphs Sec. Sec. 63.1220(a)(2)(ii)(B) and
(b)(2)(ii)(B); and
(2) Initiate an automatic waste feed cutoff that immediately and
automatically cuts off the hazardous waste feed when either the gas
flowrate or mercury feedrate exceeds the limits identified in paragraph
(l)(1)(iii)(D)(1) of this section.
* * * * *
(n) * * *
(2) * * *
(iii) * * * (A) When complying with the emission standards under
Sec. 63.1220(a)(3)(i), (a)(4)(i), (b)(3)(i), and (b)(4)(i), you must
establish 12-hour rolling average feedrate limits for semivolatile and
low volatile metals as the thermal concentration of semivolatile metals
or low volatile metals in all hazardous waste feedstreams. You must
calculate hazardous waste thermal concentrations for semivolatile
metals and low volatile metals for each run as the total mass feedrate
of semivolatile metals or low volatile metals for all hazardous waste
feedstreams divided by the total heat input rate for all hazardous
waste feedstreams. The 12-hour rolling average feedrate limits for
semivolatile metals and low volatile metals are the average of the test
run averages, calculated on a thermal concentration basis, for all
hazardous waste feeds.
* * * * *
(v) * * *
(A) * * *
(2) * * *
(iv) If you select an averaging period for the feedrate limit that
is greater than a 12-hour rolling average, you must calculate the
initial rolling average as though you had selected a 12-hour rolling
average, as provided by paragraph (b)(5)(i) of this section.
Thereafter, you must calculate rolling averages using either one-minute
or one-hour updates. Hourly updates shall be calculated using the
average of the one-minute average data for the preceding hour. For the
period beginning with initial operation under this standard until the
source has operated for the full averaging period that you select, the
average feedrate shall be based only on actual operation under this
standard.
* * * * *
(B) * * *
(1) * * *
(i) The 12-hour rolling average feedrate limit is a hazardous waste
thermal concentration limit expressed as pounds of chromium in all
hazardous waste feedstreams per million Btu of hazardous waste fed to
the boiler. You must establish the 12-hour rolling average feedrate
limit as the average of the test run averages.
(ii) You must comply with the hazardous waste chromium thermal
concentration limit by determining the feedrate of chromium in all
hazardous waste feedstreams (lb/hr) and the hazardous waste thermal
feedrate (MMBtu/hr) at least once each minute as [hazardous waste
chromium feedrate (lb/hr)/hazardous waste thermal feedrate (MMBtu/hr)].
(2) Boilers that feed hazardous waste with a heating value less
than 10,000 Btu/lb. You must establish a 12-hour rolling average limit
for the total feedrate (lb/hr) of chromium in all feedstreams as the
average of the test run averages.
* * * * *
(vii) Extrapolation of feedrate levels. In lieu of establishing
feedrate limits as specified in paragraphs (n)(2)(ii) through (vi) of
this section, you may request as part of the performance test plan
under Sec. Sec. 63.7(b) and (c) and Sec. Sec. 63.1207(e) and (f) to
use the semivolatile metal and low volatile metal feedrates and
associated emission
[[Page 52651]]
rates during the comprehensive performance test to extrapolate to
higher allowable feedrate limits and emission rates. * * *
* * * * *
(o) * * *
(1) * * *
(ii) * * *
(A) * * *
(3) You must comply with the feedrate limit by determining the mass
feedrate of hazardous waste feedstreams (lb/hr) at least once a minute
and by knowing the chlorine content (organic and inorganic, lb of
chlorine/lb of hazardous waste) and heating value (Btu/lb) of hazardous
waste feedstreams at all times to calculate a 1-minute average feedrate
measurement as [hazardous waste chlorine content (lb of chlorine/lb of
hazardous waste feed)/hazardous waste heating value (Btu/lb of
hazardous waste)]. You must update the rolling average feedrate each
hour with this 60-minute average feedrate measurement.
* * * * *
8. Section 63.1210 is amended by revising paragraphs (b)
introductory text, (b)(3), and (c)(1) to read as follows:
Sec. 63.1210 What are the notification requirements?
* * * * *
(b) Notification of intent to comply (NIC). These procedures apply
to sources that have not previously complied with the requirements of
paragraphs (b) and (c) of this section, and to sources that previously
complied with the NIC requirements of Sec. Sec. 63.1210 and
63.1212(a), which were in effect prior to October 11, 2000, that must
make a technology change requiring a Class 1 permit modification to
meet the standards of Sec. Sec. 63.1219, 63.1220, and 63.1221.
* * * * *
(3) You must submit the final NIC to the Administrator no later
than one year following the effective date of the emission standards of
this subpart or 60 days following the informal public meeting.
(c) * * * (1) Prior to the submission of the NIC to the permitting
agency, and no later than 10 months after the effective date of the
emission standards of this subpart or 30 days following notice of the
informal public meeting, you must hold at least one informal meeting
with the public to discuss the anticipated activities described in the
draft NIC for achieving compliance with the emission standards of this
subpart. You must post a sign-in sheet or otherwise provide a voluntary
opportunity for attendees to provide their names and addresses.
* * * * *
9. Section 63.1212 is amended by revising paragraphs (b)(1),
(b)(3), and (b)(4) to read as follows:
Sec. 63.1212 What are the other requirements pertaining to the NIC?
* * * * *
(b) * * *
(1) Prepare a draft NIC pursuant to Sec. 63.1210(b) and make it
available to the public upon issuance of the notice of public meeting
pursuant to Sec. 63.1210(c)(3);
* * * * *
(3) Provide notice to the public of a pre-application meeting
pursuant to Sec. 124.30 of this chapter or notice to the public of a
permit modification request pursuant to Sec. 270.42 of this chapter;
and
(4) Hold an informal public meeting, pursuant to Sec. Sec.
63.1210(c)(1) and (c)(2), 30 days following notice of the NIC public
meeting and notice of the pre-application meeting or notice of the
permit modification request to discuss anticipated activities described
in the draft NIC and pre-application or permit modification request for
achieving compliance with the emission standards of this subpart.
* * * * *
10. Section 63.1215 is amended as follows:
a. By revising paragraph (a)(1)(i).
b. By revising the definitions of ``1-Hour Average HCl-Equivalent
Emission Rate'' and ``1-Hour Average HCl-Equivalent Emission Rate
Limit'' in paragraph (a)(2).
c. By revising paragraphs (b)(2), (b)(3), and (b)(6)(ii)(C).
d. By revising paragraphs (e)(2)(i)(B), (e)(2)(i)(C), and
(e)(2)(i)(D).
e. By adding paragraph (e)(3).
f. By revising paragraph (f)(5)(ii)(A).
g. By revising paragraph (h)(2)(i).
Sec. 63.1215 What are health-based compliance alternatives for total
chlorine?
(a) * * *
(1)
(i) Identify a total chlorine emission concentration (ppmv)
expressed as chloride (Cl(-)) equivalent for each on-site hazardous
waste combustor. You may select total chlorine emission concentrations
as you choose to demonstrate eligibility for the risk-based limits
under this section, except as provided by paragraph (b)(7) of this section;
* * * * *
(2) * * *
1-Hour Average HCl-Equivalent Emission Rate means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of
chlorine to HCl using aRELs as the health risk metric for acute exposure.
1-Hour Average HCl-Equivalent Emission Rate Limit means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of
chlorine to HCl using aRELs as the health risk metric for acute
exposure and which ensures that maximum 1-hour average ambient
concentrations of HCl-equivalents do not exceed a Hazard Index of 1.0,
rounded to the nearest tenths decimal place (0.1), at an off-site
receptor location.
* * * * *
(b) * * *
(2) Annual average rates. You must calculate annual average
toxicity-weighted HCl-equivalent emission rates for each combustor as
follows:
ERLTtw = ERHCl + ERCl2 x
(RfCHCl/RfCCl2)
Where:
ERLTtw is the annual average HCl toxicity-weighted emission
rate (HCl-equivalent emission rate) considering long-term exposures, lb/hr
ERHCl is the emission rate of HCl in lbs/hr
ERCl2 is the emission rate of chlorine in lbs/hr
RfCHCl is the reference concentration of HCl
RfCCl2 is the reference concentration of chlorine
(3) 1-hour average rates. You must calculate 1-hour average
toxicity-weighted HCl-equivalent emission rates for each combustor as
follows:
ERSTtw = ERHCl + ERCl2 x
(aRELHCl/aRELCl2)
Where:
ERSTtw is the 1-hour average HCl-toxicity-weighted emission
rate (HCl-equivalent emission rate) considering 1-hour (short-term)
exposures, lb/hr
ERHCl is the emission rate of HCl in lbs/hr
ERCl2 is the emission rate of chlorine in lbs/hr
aRELHCl is the aREL for HCl
aRELCl2 is the aREL for chlorine
* * * * *
(6) * * *
(ii) * * *
(C) You must calculate the 1-hour average HCl-equivalent emission
rate using these HCl and Cl2 emission rates and the equation
in paragraph (b)(3) of this section.
* * * * *
(e) * * *
(2) * * *
(i) * * *
[[Page 52652]]
(B) Your permitting authority should notify you of approval or
intent to disapprove your eligibility demonstration within 6 months
after receipt of the original demonstration, and within 3 months after
receipt of any supplemental information that you submit. A notice of
intent to disapprove your eligibility demonstration, whether before or
after the compliance date, will identify incomplete or inaccurate
information or noncompliance with prescribed procedures and specify how
much time you will have to submit additional information or to achieve
the MACT standards for total chlorine under Sec. Sec. 63.1216,
63.1217, 63.1219, 63.1220, and 63.1221. If your eligibility
demonstration is disapproved, the permitting authority may extend the
compliance date of the total chlorine standards up to one year to allow
you to make changes to the design or operation of the combustor or
related systems as quickly as practicable to enable you to achieve
compliance with the MACT total chlorine standards.
(C) If your permitting authority has not approved your eligibility
demonstration by the compliance date, and has not issued a notice of
intent to disapprove your demonstration, you may begin complying, on
the compliance date, with the HCl-equivalent emission rate limits you
present in your eligibility demonstration provided that you have made a
good faith effort to provide complete and accurate information and to
respond to any requests for additional information in a timely manner.
If the permitting authority believes that you have not made a good
faith effort to provide complete and accurate information or to respond
to any requests for additional information, however, the authority may
notify you in writing by the compliance date that you have not met the
conditions for complying with the health-based compliance alternative
without prior approval. Such notice will explain the basis for
concluding that you have not made a good faith effort to comply with
the health-based compliance alternative by the compliance date.
(D) If your permitting authority issues a notice of intent to
disapprove your eligibility demonstration after the compliance date,
the authority will identify the basis for that notice and specify how
much time you will have to submit additional information or to comply
with the MACT standards for total chlorine under Sec. Sec. 63.1216,
63.1217, 63.1219, 63.1220, and 63.1221. The permitting authority may
extend the compliance date of the total chlorine standards up to one-
year to allow you to make changes to the design or operation of the
combustor or related systems as quickly as practicable to enable you to
achieve compliance with the MACT standards for total chlorine.
* * * * *
(3) The operating requirements in the eligibility demonstration are
applicable requirements for purposes of parts 70 and 71 of this chapter
and will be incorporated in the title V permit.
(f) * * *
(5) * * *
(ii) * * *
(A) You must determine your chlorine emissions to be the higher of
the value measured by Method 26/26A, or an equivalent method, or the
value calculated by the difference between the combined hydrogen
chloride and chlorine levels measured by Method 26/26A, or an
equivalent method, and the hydrogen chloride measurement from EPA
Method 320/321 or ASTM D 6735-01, or an equivalent method.
* * * * *
(h) * * *
(2) * * *
(i) Proactive review. You must submit for review and approval with
each comprehensive performance test plan either a certification that
the information used in your eligibility demonstration has not changed
in a manner that would decrease the annual average or 1-hour average
HCl-equivalent emission rate limit, or a revised eligibility
demonstration.
* * * * *
11. Section 63.1216 is amended by revising paragraph (a)(7) to read
as follows:
Sec. 63.1216 What are the standards for solid fuel boilers that burn
hazardous waste?
(a) * * *
(7) For particulate matter, except for an area source as defined
under Sec. 63.2 or as provided by paragraph (e) of this section,
emissions in excess of 69 mg/dscm corrected to 7 percent oxygen.
* * * * *
12. Section 63.1217 is amended by revising paragraphs (a)(6)(ii),
(a)(7), and (b)(6)(ii) to read as follows:
Sec. 63.1217 What are the standards for liquid fuel boilers that burn
hazardous waste?
(a) * * *
(6) * * *
(ii) When you burn hazardous waste with an as-fired heating value
of 10,000 Btu/lb or greater, emissions in excess of 5.1 x 10
-\2\ lbs combined emissions of hydrogen chloride and
chlorine gas attributable to the hazardous waste per million Btu heat
input from the hazardous waste;
(7) For particulate matter, except for an area source as defined
under Sec. 63.2 or as provided by paragraph (e) of this section,
emissions in excess of 79 mg/dscm corrected to 7 percent oxygen.
* * * * *
(b) * * *
(6) * * *
(ii) When you burn hazardous waste with an as-fired heating value
of 10,000 Btu/lb or greater, emissions in excess of 5.1 x 10
-2 lbs combined emissions of hydrogen chloride and chlorine
gas attributable to the hazardous waste per million Btu heat input from
the hazardous waste;
* * * * *
13. Section 63.1219 is amended by revising paragraphs (a)(7) and
(b)(7) to read as follows:
Sec. 63.1219 What are the replacement standards for hazardous waste
incinerators?
(a) * * *
(7) Except as provided by paragraph (e) of this section,
particulate matter in excess of 30 mg/dscm corrected to 7 percent oxygen.
(b) * * *
(7) Except as provided by paragraph (e) of this section,
particulate matter in excess of 3.5 mg/dscm corrected to 7 percent oxygen.
* * * * *
14. Section 63.1220 is amended as follows:
a. By revising paragraphs (a)(2)(ii) and (a)(7)(i).
b. By revising paragraphs (b)(2)(ii) and (b)(7)(i).
Sec. 63.1220 What are the replacement standards for hazardous waste
burning cement kilns?
(a) * * *
(2) * * *
(ii) Either:
(A) Emissions in excess of 120 [mu]g/dscm, corrected to 7 percent
oxygen, or
(B) A hazardous waste feed maximum theoretical emission
concentration (MTEC) in excess of 120 [mu]g/dscm;
* * * * *
(7) * * *
(i) Emissions in excess of 65 mg/dscm corrected to 7 percent
oxygen; and
* * * * *
(b) * * *
(2) * * *
(ii) Either:
(A) Emissions in excess of 120 [mu]g/dscm, corrected to 7 percent
oxygen, or
(B) A hazardous waste feed maximum theoretical emission
concentration (MTEC) in excess of 120 [mu]g/dscm;
* * * * *
(7) * * *
[[Page 52653]]
(i) Emissions in excess of 5.3 mg/dscm corrected to 7 percent
oxygen; and
* * * * *
15. Section 63.1221 is amended by revising paragraphs (a)(7) and
(b)(7) to read as follows:
Sec. 63.1221 What are the replacement standards for hazardous waste
burning lightweight aggregate kilns?
(a) * * *
(7) Particulate matter emissions in excess of 57 mg/dscm corrected
to 7 percent oxygen.
(b) * * *
(7) Particulate matter emissions in excess of 22 mg/dscm corrected
to 7 percent oxygen.
* * * * *
PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
16. The authority citation for part 264 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925.
17. Section 264.340 is amended as follows:
a. By revising the first sentence of paragraph (b)(1) and paragraph
(b)(3).
b. By removing paragraph (b)(5).
Sec. 264.340 Applicability.
* * * * *
(b) * * * (1) Except as provided by paragraphs (b)(2) through
(b)(4) of this section, the standards of this part do not apply to a
new hazardous waste incineration unit that becomes subject to RCRA
permit requirements after October 12, 2005; or no longer apply when an
owner or operator of an existing hazardous waste incineration unit
demonstrates compliance with the maximum achievable control technology
(MACT) requirements of part 63, subpart EEE, of this chapter by
conducting a comprehensive performance test and submitting to the
Administrator a Notification of Compliance under Sec. Sec. 63.1207(j)
and 63.1210(d) of this chapter documenting compliance with the
requirements of part 63, subpart EEE, of this chapter. * * *
* * * * *
(3) The particulate matter standard of Sec. 264.343(c) remains in
effect for incinerators that elect to comply with the alternative to
the particulate matter standard under Sec. Sec. 63.1206(b)(14) and
63.1219(e) of this chapter.
* * * * *
PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
18. The authority citation for part 266 continues to read as follows:
Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 6905, 6906,
6912, 6921, 6922, 6924-6927, 6934, and 6937.
19. Section 266.100 is amended by redesignating the second
paragraph (b)(3)(ii) as (b)(3)(iii).
Sec. 266.100 [Amended]
[FR Doc. 06-7251 Filed 9-5-06; 8:45 am]
BILLING CODE 6560-50-P
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