RIN 2060-AD00

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: December 19, 1995 (Volume 60, Number 243)]
[Rules and Regulations]
[Page 65387-65436]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60

[AD-FRL-5327-5]

RIN 2060-AD00

Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources
Municipal Waste Combustors
AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: This action adds standards of performance for new municipal
waste combustor (MWC) units and emission guidelines for existing MWC's.
The standards and guidelines implement sections 111 and 129 of the
Clean Air Act and are based on the Administrator's determination that
MWC's cause, or contribute significantly to, air pollution that may
reasonably be anticipated to endanger public health or welfare. The
standards and guidelines apply to MWC units at plants with aggregate
capacities to combust greater than 35 megagrams per day (Mg/day)
(approximately 40 tons per day) of municipal solid waste (MSW) and
require sources to achieve emission levels reflecting the maximum
degree of reduction in emissions of air pollutants that the
Administrator determined is achievable, taking into consideration the
cost of achieving such emission reduction, and any non-air-quality
health and environmental impacts and energy requirements. The
promulgated standards and guidelines establish emission levels for MWC
organics (dioxins/furans), MWC metals (cadmium (Cd), lead (Pb), mercury
(Hg), particulate matter (PM), and opacity), MWC acid gases (hydrogen
chloride (HCl) and sulfur dioxide (SO₂)), nitrogen oxides
(NO_X), and MWC fugitive ash emissions. Some of the pollutants
being regulated are considered to be carcinogens and at sufficient
concentrations can cause toxic effects following exposure. The
standards and guidelines also establish requirements for MWC operating
practices (carbon monoxide (CO), load, flue gas temperature at the PM
control device inlet, and operator training/certification).
Additionally, the standards for new MWC plants also require a siting
analysis and materials separation plan.

DATES: Effective Dates. June 19, 1996 for the standards for new sources
(Secs. 60.50b through 60.59b) and December 19, 1995 for the emission
guidelines for existing sources (Secs. 60.30b through 60.39b). The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register as of
June 19, 1996 for the standards for new sources. See table 3 of this
preamble for a summary of the retrofit schedules for existing MWC
sources. See SUPPLEMENTARY INFORMATION for a discussion of the schedule
for judicial review.
Comments. Comments on the Information Collection Request (ICR)
document associated with the final standards for new sources are
requested, as discussed in section VI.B of this preamble. Comments on
the ICR document must be received on or before February 20, 1996. Refer
to Section VI.B for further information on this request for comment.

ADDRESSES: Comments. As noted above, comments on the ICR document

[[Page 65388]]
associated with the final standards for new source are requested. See
section VI.B and the SUPPLEMENTARY INFORMATION section of this preamble
for further information on obtaining a copy of the ICR document and
addresses for submitting comments on the ICR document.
Background Information. The principal background information for
the final standards and guidelines includes: (1) A background
information document (BID) entitled, ``Municipal Waste Combustion:
Background Information for Promulgated Standards and Guidelines--
Summary of Public Comments and Responses'' (EPA-453/R-95-0136), which
contains a summary of all the significant public comments submitted
regarding the proposed standards and guidelines, the EPA's response to
these comments, and a summary of the changes made to the standards and
guidelines as a result of the comments; and (2) several technical
documents listed under SUPPLEMENTARY INFORMATION, including all of the
background information documents that supported the proposal and
promulgation of the subpart Ea standards and subpart Ca guidelines. A
document entitled ``FACT SHEET: New Municipal Waste Combustors--Subpart
Eb Standards,'' which succinctly summarizes the final standards, and a
document entitled ``FACT SHEET: Existing Municipal Waste Combustors--
Subpart Cb Emission Guidelines,'' which succinctly summarizes the
guidelines, are also available. See SUPPLEMENTARY INFORMATION for
instructions and addresses for obtaining these documents.
Docket. Docket Nos. A-90-45 and A-89-08, containing supporting
information used in developing the standards and guidelines, are
available for public inspection and copying between 8:00 a.m. and 4:00
p.m., Monday through Friday except for Federal holidays at the
following address: U.S. Environmental Protection Agency, Air and
Radiation Docket and Information Center (Mail Code 6102), 401 M Street
SW, Washington DC 20460 [phone: (202) 260-7548]. The docket is located
at the above address in room M-1500, Waterside Mall (ground floor,
central mall). A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Walter Stevenson at (919) 541-5264
or Mr. Fred Porter at (919) 541-5251, Combustion Group, Emission
Standards Division (MD-13), U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION:

Background Information.

On December 20, 1989, the EPA proposed standards and guidelines for
MWC's in subparts Ea and Ca of 40 CFR 60, respectively. The subparts Ea
and Ca were promulgated on February 11, 1991 and were developed under
authority of paragraph (b) of section 111 of the Clean Air Act of 1977.
The 1990 Amendments to the Clean Air Act required the EPA to review
these emission standards and guidelines and determine if they were
fully consistent with the requirements of section 129. The EPA reviewed
the subpart Ea standards and subpart Ca guidelines and concluded that
they were not fully consistent with the requirements of section 129.
Therefore, the EPA proposed to revise the standards and guidelines in a
September 20, 1994 proposal to make the standards and guidelines fully
consistent with the requirements of section 129. Municipal waste
combustors that begin construction after September 20, 1994 or that
begin modification or reconstruction after June 19, 1996 and that meet
all other applicability criteria are subject to the revised standards
(subpart Eb). Municipal waste combustors that were constructed on or
before September 20, 1994 and that meet all other applicability
criteria are subject to the revised guidelines (subpart Cb). Municipal
waste combustors that were constructed after December 20, 1989 and on
or before September 20, 1994 and that meet all other applicability
criteria are subject to both the subpart Ea standards (1991 standards
for new sources) and the subpart Cb guidelines (1995 retrofit
guidelines for existing sources). In this final rule, the EPA is
withdrawing the subpart Ca guidelines (1991 guidelines for existing
sources). In a separate action in today's Federal Register the EPA is
publishing a direct final rule amending the text of subpart Ea.
This Federal Register final rule discusses: (1) The standards for
new MWC's, (2) the guidelines for existing MWC's, (3) the withdrawal of
the 1991 subpart Ca guidelines for existing MWC's, and (4) a request
for public comment on the ICR document. This preamble and regulatory
text are available on the EPA's Technology Transfer Network (TTN)
electronic bulletin board. Also available on the EPA's TTN are FACT
SHEETS, which summarize the final standards and guidelines. They are
suggested reading for persons requiring an overview of the standards
and guidelines. The FACT SHEETS can also be obtained by calling Donna
Collins at (919) 541-5578. The TTN contains 18 electronic bulletin
boards, and the following 5 items are included in the Clean Air Act
Amendments (CAAA) bulletin board under menu item ``Recently Signed
Rules'' in file ``MWC2.ZIP'':
(1) ``FACT SHEET: New Municipal Waste Combustors--Subpart Eb
Standards (1995).''
(2) ``FACT SHEET: Existing Municipal Waste Combustors--Subpart Cb
Emission Guidelines (1995).''
(3) Federal Register notice for this promulgation: ``Standards of
Performance for New Stationary Sources and Emission Guidelines for
Existing Sources: Municipal Waste Combustors'' (this document).
(4) ``Municipal Waste Combustion: Background Information for
Promulgated Standards and Guidelines--Summary of Public Comments and
Responses,'' EPA-453/R-95-0136.
(5) Information Collection Request document for these standards for
new sources: ``Standard Form 83 Supporting Statement for ICR No.
1506.5--1995 Standards for New Municipal Waste Combustors (Subpart
Eb),'' September 29, 1995.
The TTN is accessible 24 hours per day, 7 days per week except
Monday morning from 8:00 a.m. to 12:00 p.m. when the system is updated.
The service is free except for the cost of the phone call. Dial (919)
541-5742 to access the TTN. The TTN is compatible with up to a 14,400
bits-per-second (bps) modem. An alternative way to access the TTN is by
``telenet,'' using access code ``ttnbbs.rtpnc.epa.gov''. Further
instructions for accessing the TTN can be obtained by calling the help
desk at (919) 541-5384.
Documents in the Docket. The background information for today's
promulgation includes all of the documents that supported the proposal
and promulgation of the subpart Ea standards and subpart Ca guidelines
(docket No. A-90-45 and docket No. A-89-08). Key background information
documents used in developing the subpart Ea standards, the subpart Ca
guidelines, and today's promulgated standards and guidelines are as
follows:
(1) ``Municipal Waste Combustors--Background Information for
Proposed Standards: 111(b) Model Plant Description and Cost Report,''
EPA-450/3-89-27b, August 1989;
(2) ``Municipal Waste Combustors--Background Information for
Proposed Standards: Post-Combustion Technology Performance,'' EPA-450/
3-89-27c, August 1989;
(3) ``Municipal Waste Combustion Assessment: Combustion Control at

[[Page 65389]]
Existing Facilities,'' EPA-600/8-89-057, August 1989;
(4) ``Municipal Waste Combustion Assessment, Technical Basis for
Good Combustion Practices,'' EPA-600/8-89-063, August 1989;
(5) ``Municipal Waste Combustors--Background Information for
Proposed Standards: Control of NO_XEmissions,'' EPA-450/3-89-27d,
August 1989;
(6) ``Municipal Waste Combustors--Background Information for
Proposed Standards: Cost Procedures,'' EPA-450/3-89-27a, August 1989;
(7) ``Economic Impact Analysis for Proposed Emission Standards and
Guidelines for Municipal Waste Combustors,'' EPA-450/3-91-029, March
1994;
(8) ``Municipal Waste Combustors--Background Information for
Proposed Guidelines for Existing Facilities,'' EPA-450/3-89-27e, August
1989;
(9) ``Municipal Waste Combustion: Background Information for
Promulgated Standards and Guidelines--Summary of Public Comments and
Responses,'' EPA-453/R-95-0136, 1995.
These documents and additional technical information are contained
in dockets A-90-45 and A-89-08. Docket materials are available for
inspection and copying as described in the ADDRESSES section of this
preamble.
Judicial Review. Under section 307(b)(1) of the Clean Air Act,
judicial review of the actions taken by this notice is available by
filing of a petition for review in the U.S. Court of Appeals for the
District of Columbia Circuit within 60 days of today's publication of
this rule. Under section 307(b)(2) of the Clean Air Act, the
requirements that are in today's notice may not be challenged later in
the civil or criminal proceedings brought by the EPA to enforce these
requirements (42 U.S.C. 7607(b)).
Preamble Outline. The following outline is provided to aid in
locating information in the introductory text (preamble) to the final
standards and guidelines.

I. Acronyms, Abbreviations, and Measurement Units

A. Acronyms
B. Abbreviations and Measurement Units

II. Background and Withdrawal of the 1991 Subpart Ca Emission
Guidelines

III. Summary of Considerations in Developing the 1995 Standards for New
Sources and Guidelines for Existing Sources

A. Purpose of the Standards and Guidelines
B. Technical Basis of the Standards and Guidelines
C. Stakeholders and Public Involvement

IV. Standards of Performance for New Sources (1995)--Summary of the
Standards, Impacts of the Standards, and Significant Issues and Changes
to the Proposed Standards

A. Summary of the Standards
B. Significant Issues and Changes to the Proposed Standards

Applicability
Emission Limits for MWC Metals, Acid Gases, Organics,
Nitrogen Oxides, and Ash Fugitive Emissions
Good Combustion Practices
Operator Training and Certification
Air Curtain Incinerators
Siting Analysis/Materials Separation Plan
Compliance and Performance Testing
Reporting and Recordkeeping Requirements
C. Impacts of the Standards

V. Guidelines for Existing Sources (1995)--Summary of the Guidelines,
Impacts of the Guidelines, and Significant Issues and Changes to the
Proposed Guidelines

A. Summary of the Guidelines
B. Significant Issues and Changes to the Proposed Guidelines

Designated Facilities
Emission Limits for MWC Metals, Acid Gases, Organics,
Nitrogen Oxides, and Fugitive Ash Emissions
Good Combustion Practices
Operator Training and Certification
Air Curtain Incinerators
Compliance and Performance Testing
Reporting and Recordkeeping Requirements and Compliance
Schedules
C. Impacts of the Guidelines

VI. Administrative Requirements

A. Docket
B. Paperwork Reduction Act
C. Executive Order 12866
D. Unfunded Mandates Act
E. Executive Order 12875
F. Regulatory Flexibility Act
G. Clean Air Act Procedural Requirements

I. Acronyms, Abbreviations, and Measurement Units

The following definitions, acronyms, and measurement units are
provided to clarify the preamble to the final standards and guidelines.

A. Acronyms

ASME American Society of Mechanical Engineers
BID Background Information Document
CEMS continuous emissions monitoring system(s)
COMS continuous opacity monitoring system(s) dioxins/furans
polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans
DSI dry sorbent injection
EPA U.S. Environmental Protection Agency
ESP electrostatic precipitator
FF fabric filter
GCP good combustion practices
ICR information collection request
MACT maximum achievable control technology
MSW municipal solid waste
MWC municipal waste combustor
MWI medical waste incinerator
NSR New Source Review
NO_Xnitrogen oxides
OAQPS Office of Air Quality Planning Standards
OMB Office of Management and Budget
PM particulate matter
RDF refuse-derived fuel
RFA Regulatory Flexibility Act
SD spray dryer
SNCR selective noncatalytic reduction
TEQ basis 2,3,7,8-tetrachlorinated dibenzo-p-dioxin toxic equivalent
based on the 1989 international toxic equivalency factors

B. Abbreviations and Measurement Units

deg.C=degrees Celsius (degrees Fahrenheit= deg.C*9/5+32)
Cd=cadmium
CO=carbon monoxide
CO<INF>2=carbon dioxide
dscf=dry standard cubic feet (at 14.7 pounds per square inch, 68
deg.F)
dscm=dry standard cubic meters (at 14 pounds per square inch, 68
deg.F)
g=gram (454 grams per pound)
g/yr=grams per year
gr=grains (7,000 grains per pound)
HCl=hydrogen chloride
Hg=mercury
kg=kilogram (0.454 kilograms per pound)
kg/yr=kilograms per year
m3=cubic meter (35.3 cubic feet per cubic meter)
mg=milligrams (10-3 grams)
Mg=megagram (1.1 tons)
Mg/d=megagrams per day
Mg/yr=megagrams per year
ng=nanogram (10-9 grams)
Pb=lead
ppmv=parts per million by volume
SO₂=sulfur dioxide
tons/d=tons per day
tons/yr=tons per year
total mass basis (dioxins/furans=total mass of tetra- through octachlorinated
dibenzo-p-dioxins and dibzofurans

II. Background and Withdrawal of the 1991 Subpart Ca Emission
Guidelines

By the mid-1980's, several studies had been performed to determine
whether MWC emissions should be regulated and, if so, under what
section of the Clean Air Act. As set forth in the Advanced Notice of
Proposed Rulemaking (52 FR 25399, July 7, 1987), the EPA decided to
regulate air emissions from MWC's under section 111 of the Clean Air
Act, and to base the

[[Page 65390]]
regulation on best demonstrated technology, as required by section 111.
On December 20, 1989, the EPA proposed standards for new MWC's and
guidelines for existing MWC's (54 FR 52251 and 54 FR 52209,
respectively). On November 15, 1990, 1990 Amendments to the Clean Air
Act were enacted and added section 129 to the Clean Air Act. Section
129 of the Clean Air Act specifies that revised standards and
guidelines must be developed for MWC's in accordance with the
requirements of both section 111 and new section 129. Section 129
further specifies that revised standards and guidelines be developed
for both large and small MWC plants and that the revised standards and
guidelines must reflect more restrictive performance levels. Section
129 includes a schedule for revising the 1991 standards and guidelines.
When the EPA did not comply with the section 129 schedule, the
Sierra Club, the Natural Resources Defense Council, and the Integrated
Waste Services Association filed complaints with the U.S. District
Court for the Eastern District of New York. The resulting consent
decree required the EPA Administrator to sign a notice of proposed
rulemaking not later than September 1, 1994 and a notice of
promulgation not later than October 31, 1995 (Nos. CV-92-2093, CV-93-
0284, and CV-93-5144). The proposal notice for the standards and
guidelines was signed as scheduled and published on September 20, 1994
(59 FR 48198 and 59 FR 48228, respectively). This notice responds to
the requirement for the Administrator to sign the final standards and
guidelines by October 31, 1995.
The standards and guidelines promulgated on February 11, 1991 (56
FR 5488 and 56 FR 5514, respectively) apply to only large MWC's
(capacities above 225 Mg/day) and reflect best demonstrated technology.
Today's notice promulgates revised standards and guidelines that are
fully consistent with sections 111 and 129 of the Clean Air Act and
extend coverage of the revised standards and guidelines to MWC units
located at MWC plants with aggregate plant capacity above 35 Mg/day.
Today's promulgated standards for new sources are more stringent
than the standards promulgated on February 11, 1991. Today's
promulgated standards will apply to plants for which construction
commenced after September 20, 1994 or for which reconstruction or
modification commenced after June 19, 1996. The guidelines will apply
to all MWC's constructed prior to September 20, 1994. The February 11,
1991 subpart Ea standards will remain in effect for plants constructed,
modified, or reconstructed between December 20, 1989 and September 20,
1994. Sources subject to the February 11, 1991 subpart Ea standards are
also subject to the guidelines being promulgated today under subpart
Cb. In some cases, the promulgated subpart Cb guidelines are more
stringent than the existing subpart Ea standards. The control
technologies being used to meet the emission limits included in the
1991 subpart Ea standards will be able to comply with the promulgated
subpart Cb guidelines, except supplemental controls would be required
to reduce Hg emissions and fugitive ash emissions. The direct final
rule also being published in today's Federal Register will provide
consistency between the subpart Ea and Cb rules.
Today's promulgated guidelines under subpart Cb for existing
sources are more stringent than the guidelines promulgated under
subpart Ca on February 11, 1991. Today's promulgated guidelines will
apply to MWC's for which construction commenced on or before September
20, 1994. Today's promulgated guidelines are based on maximum
achievable control technology, or MACT, and will require MWC plants to
purchase and install different types of air pollution control equipment
than the best demonstrated technology-based guidelines promulgated in
1991 under subpart Ca. In consideration of public comments, which
supported the withdrawal of subpart Ca, and to satisfy the MACT
requirements of section 129 of the Clean Air Act, the EPA is
withdrawing the 1991 subpart Ca guidelines as a part of today's action.

III. Summary of Considerations in Developing the 1995 Standards for New
Sources and Guidelines for Existing Sources

A. Purpose of the Standards and Guidelines

Under sections 111 and 129 of the Clean Air Act, the EPA is
required to develop and adopt performance standards and guidelines for
MWC's. Congress specifically added section 129 to the Clean Air Act to
address public concerns about MWC's and other solid waste combustion
units. Under section 111, performance standards and guidelines must be
developed for new and existing stationary sources that may contribute
to air pollution and that may reasonably be anticipated to endanger
public health or welfare. Under section 129 of the Clean Air Act, the
standards and guidelines adopted for MWC's must be based on MACT.
Independent of Clean Air Act requirements, the general public is
concerned about emissions from all sources including MWC's. This is
understandable considering (1) about two-thirds of the MWC population
is located in air quality nonattainment areas with high population
densities, and (2) the EPA's 1994 MWC Dioxin Survey identified a
limited number of older poorly controlled MWC's with atypically high
dioxin/furan emissions (interim corrective actions have been taken at
these MWC's).
The MWC industry has aggressively controlled new MWC plants built
since 1990, and almost half of the existing population currently is
equipped with high efficiency air pollution control equipment. The
other older half of the population has control equipment with lower
efficiency. As mentioned earlier, health effects are associated with
many of the pollutants emitted from MWC's, and the standards and
guidelines being promulgated today will bring all MWC units up to the
same high performance level.
The EPA estimates that in the United States, there are about 307
operating MWC units at 128 plants, providing a total U.S. MSW
combustion capacity of about 94,000 Mg/day. Approximately 16 percent of
MSW generated in the United States is combusted.
Emissions from MWC's contain organics (dioxins/furans), metals (Cd,
Pb, Hg, PM, and opacity), acid gases (Hcl and SO₂), and NO<INF>X.
These pollutants can have adverse effects on both public health and
welfare. The EPA recently released a draft report reassessing the
health effects of human exposure to dioxins/furans. In the draft
report, which is currently undergoing review, MWC's are identified as
one source of dioxin/furan emissions. Other MWC emissions of principal
concern include Pb, Cd, and Hg. Acid gas and NO_Xemissions
contribute to acid rain when emissions of SO₂ and NO_Xare
chemically transformed in the atmosphere into sulfuric and nitric acids
and return to earth as wet deposition such as rain, fog, or snow, or as
dry deposition such as fine particles or gases. Acid deposition damages
lakes and harms forests and buildings. Nitrogen oxides also contribute
to low-level ozone and urban area smog formation.
Today's standards and guidelines are set forth as emission limits
and will significantly reduce MWC emissions.

[[Page 65391]]

B. Technical Basis of Standards and Guidelines

Section 129(a)(2) of the Clean Air Act requires the revised
standards for new MWC's and revised guidelines for existing MWC's to
reflect the maximum degree of reduction in emissions of designated air
pollutants, taking into consideration the cost of achieving such
emission reduction, and any non-air-quality health and environmental
impacts and energy requirements that the Administrator determines are
achievable for a particular category of sources. (This control level is
commonly referred to as the ``maximum achievable control technology, or
``MACT''.) Section 129 also provides that standards for new sources may
not be less stringent than the emissions control achieved in practice
by the best controlled similar unit. This is commonly referred to as
the ``MACT floor'' for new MWC units. Additionally, section 129
provides that the emission limitations in the guidelines for existing
MWC's may not be less stringent than the average emission limitations
achieved by the best performing 12 percent of units in the category.
This is commonly referred to as the ``MACT floor'' for existing MWC
units. Emission control options less stringent than the MACT floor can
not be considered in developing section 129 standards and guidelines.
Technical data on the number and size of MWC's, control
technologies in use, permit emission limits, and emission test data
were used to determine the MACT floor for new and existing MWC's and to
define control alternatives. The types of data EPA considered in
selecting final standards and guidelines included the following: (1)
Over 100 MWC plant-specific questionnaires; (2) emissions information
from literature, and State and local agencies; and (3) EPA and industry
test reports. Overall, the EPA used performance test data from over 60
MWC plants to develop the standards and guidelines. After proposal, the
EPA reviewed additional data submitted with public comments on the
proposal and data that EPA gathered from States and industry. Based on
the new information, the EPA reviewed both the proposed MACT
determinations for new and existing MWC's and the regulatory
alternatives. The reassessment of the standards and guidelines in light
of the new data resulted in the EPA revising the MACT emission rates
for some pollutants.
The most significant changes to the standards and guidelines since
proposal are summarized in sections IV.B and V.B., respectively, of
this preamble. The rationales for these changes as well as other
changes are summarized in the preamble and discussed in more detail in
the BID. In keeping with the Administrator's ``reinventing government''
initiative, several of the changes to the guidelines and standards were
made to streamline the regulations and provide increased flexibility
while optimizing environmental control by using common sense
initiatives. Examples of these changes include the following: (1)
Reduced dioxin/furan testing for MWC plants with low dioxin/furan
emission levels; (2) NO_Xguidelines for large MWC plants that
allow plants to use an emissions averaging plan to demonstrate
compliance for two or more existing MWC units located at the same
facility; (3) clarification of siting requirements for new MWC's; (4)
providing additional time for MWC operators to obtain operator training
and certification; (5) replacing quarterly reporting with annual
reporting (semiannual reporting if noncompliance); (6) revised text to
clarify that the regulations do not apply to MWC plants with combustion
capacity less than 35 Mg/day; (7) exemption for plants firing small
amounts of MSW (10 Mg/day or less); (8) exemption for combustion of
clean wood; and (9) allowing certain records to be maintained in either
electronic or paper format without duplication. All of these changes
are discussed further in sections IV and V of this preamble, and
represent changes that improve the effectiveness and efficiency of the
standards and guidelines without any reduction in environmental
protection.

C. Stakeholders and Public Involvement

Prior to proposal, in accordance with section 117 of the Clean Air
Act, the EPA consulated with advisory committees, independent experts,
Federal departments and agencies, and owners, operators, and
manufacturers of MWC's. Numerous discussions were held with
governmental entities, industry representatives, and environmental
groups including, but not limited to, the following groups: the U.S.
Conference of Majors, the National League of Cities, the National
Association of Counties, the Municipal Waste Management Association,
the Solid Waste Association of North America, the Integrated Waste
Services Association, the Sierra Club, and the Natural Resources
Defense Council.
The standards and guidelines being adopted today were proposed in
the Federal Register on September 20, 1994 (59 FR 48198 and 59 FR
48228, respectively). The preambles for the proposed standards and
guidelines describe the rationale for the proposed standards and
guidelines. After proposal, the EPA provided interested persons the
opportunity to comment through a written comment period. The public
comment period was from September 20, 1994 to November 21, 1994.
Comments were received from private citizens, industry representatives,
environmental groups, and governmental entities. The comments have been
carefully considered, and changes have been made in the standards and
guidelines where appropriate. Sections IV and V of this preamble
discuss the major revisions to the standards and guidelines to address
the commenters' concerns.

IV. Standards of Performance for New Sources (1995)--Summary of the
Standards, Impacts of the Standards, and Significant Issues and Changes
to the Proposed Standards

This section presents a summary of the final standards, including
identification of the source category and pollutants being regulated,
and presentation of the final emission limits and their associated
performance testing, monitoring, recordkeeping and reporting
requirements. This section also discusses the most significant changes
to the proposed standards. Also discussed are the impacts of the final
standards.

A. Summary of the Standards

The final standards (subpart Eb) apply to each new MWC unit located
at an MWC facility that has an aggregate plant capacity to combust over
35 Mg/day of MSW, for which construction commenced after September 20,
1994 or modification or reconstruction commenced after June 19, 1996.
Municipal waste combustors that commenced construction on or before
September 20, 1994 are not covered under the subpart Eb standards.
Municipal waste combustors constructed on or before September 20, 1994
are considered existing sources and are subject to the guidelines that
are addressed in section V of this notice.
An MWC is defined as any setting or equipment that combusts MSW
including air curtain incinerators. Municipal solid waste combustion
includes the direct combustion of MSW or the combustion of MSW gases
from pyrolysis or gasification. The MWC unit includes any type of
setting or equipment including combustion equipment with or without
heat recovery.

[[Page 65392]]

Municipal solid waste is defined as a mixture or a single-item
waste stream of household, commercial, and/or institutional discards.
This would include materials such as paper, yard waste, plastics,
leather, rubber, glass, metals, and other combustible and
noncombustible materials. The final MSW definition is revised slightly
from proposal to make it clear that MSW does not include used motor
oil; sewage sludge; wood pallets; construction, renovation, and
demolition wastes (including but not limited to railroad ties and
telephone poles); clean wood; industrial process or manufacturing
wastes; medical waste; or motor vehicles. Although these wastes are not
MSW, they can be intermixed with MSW and can be combusted in MWC
plants. The regulations do not prohibit their combustion. The
definition of MSW includes RDF, which is municipal solid waste that is
shredded (or pelletized) before combustion. Any medical, industrial, or
other type of waste combustor plant with capability to combust greater
than 35 Mg/day of MSW and is in compliance with a federally enforceable
permit to combust less than 10 Mg/day of MSW is not covered by this
standard. Furthermore, cofired MWC plants that combust less than 30
percent MSW (on a calendar quarter basis) are exempt. A summary of the
final standards is presented in table 1. In table 1, significant
revisions made since proposal are marked with an asterisk (*) and are
discussed in section IV.B.

Table 1.--Summary of Standards for new MWC's (Subpart Eb)a
[* indicates a significant change since proposal and the change is
discussed in this preamble]

Applicability
The final standards apply to new MWC
units located at plants with
capacities to combust greater than 35
Mg/day of residential, commercial, and/
or institutional discards. Industrial
manufacturing discards are not covered
by the standards. Any medical,
industrial manufacturing, municipal,
or other type of waste combustor plant
with capacity to combust greater than
35 Mg/day of MSW and with a federally
enforceable permit to combust less
than 10 Mg/day of MSW is not covered.*

Plant Size (MSW combustion capacity) Requirement.
(referred to as small MWC plants). below.
plants). below.
Good Combustion Practices
<bullet> Applies to large and small MWC plants.
developed and made available for MWC personnel.
operators.
dioxin/furan performance test.
performance test.

Averaging
MWC type CO level time
(hours)
fired.
fired.
MWC Organic Emissions (measured as
total mass dioxins/furans):
<bullet> Dioxins/furans
(performance test by EPA Reference
Method 23)
(mandatory) or 7 ng/
dscm total mass
(optional to qualify
for less frequent
testing).*b.

limit injection.
MWC Metal Emissions:
<bullet> PM (performance test by
EPA Reference Method 5)
dscf).*
<bullet> Opacity (performance test
by EPA Reference Method 9)
average)
<bullet> Cd (performance test by
EPA Reference Method 29)
million dscf).*
<bullet> Pb (performance test by
EPA Reference Method 29)
million dscf).*
<bullet> Hg (performance test by
EPA Reference Method 29)
million dscf) or 85-
percent reduction in
Hg emissions
<bullet> Basis for PM, opacity, Cd,
Pb, and Hg limits
furan limit
MWC Acid Gas Emissions:
<bullet> SO₂ (performance test by
CEMS)
reduction in SO₂
emissions
<bullet> HCl (performance test by
EPA Reference Method 26)
reduction in HCl
emissions
limits furan limit..
Nitrogen Oxides Emissions:
<bullet> NOx (performance test by
CEMS)

ppmv is allowed for
the first year of
operation.*
Small MWC plants................. No NO_Xcontrol
requirement

<bullet> Basis for NO_Xlimit

Large MWC plants................. SNCR
Small MWC plants................. No NO_Xcontrol
requirement.

Fugitive Ash Emissions:
<bullet> Fugitive emissions
(performance test by EPA Reference
Method 22)
than 5 percent of the
time from the ash
transfer system
except during
maintenance and
repair activities.*.
Siting Requirements:
plants. (2) materials
separation plan, and
(3) public meetings
(including response
to comments)
Performance Testing and Monitoring
Requirements:
violation).*
temperature. 4-hour block
arithmetic average.
24-hour daily
arithmetic average,
as applicable.
<bullet> Dioxins/furans, PM, Cd,
Pb, HC1, and Hg
reduced testing
option for low
emitters of dioxins/
furans).*
stack test.*
<bullet> Opacity................. COMS (6-minute
average) and annual
stack test.
geometric mean.

only). arithmetic average.
<bullet> Fugitive ash emissions.. Annual test.
this preamble.
dry basis.
0.2 ng/dscm TEQ.

Increment of
promulgated
Parameter standards over 1991 Standards Total b
the 1991 a
standards
New MWC's subject to Standards in the Fifth Year After
Promulgation:
Cost (1990 Dollars):
Annual Emissions Reduction (Mg/yr):
standards.
the promulgated standards over a pre-1989 baseline.
discussed in this preamble]

Applicability
The final guidelines apply to existing
MWC's located at plants with
capacities to combust greater than 35
Mg/day of residential, commercial, and/
or institutional discards. Industrial
manufacturing discards are not covered
by the guidelines. Any medical,
industrial manufacturing, municipal,
or other type of waste combustor plant
with capacity to combust greater than
35 Mg/day of MSW and with a federally
enforceable permit to combust less
than 10 Mg/day of MSW is not covered.*

Plant Size (MSW combustion capacity) Requirement
(referred to as small MWC plants). below.
plants). below.
Good Combustion Practices
<bullet> Applies to large and small MWC plants.
developed and made available for MWC personnel.
supervisors, and control room operators.
(optional).*
dioxin/furan performance test.
furan performance test.

Averaging
MWC type CO level time
(hours)
fired.
fired.
Large MWC plants
total mass (optional to
qualify for less frequent
testing).* c
total mass (optional to
qualify for less frequent
testing).* c
(mandatory) or 30 ng/dscm
total mass (optional to
qualify for less frequent
testing).* c
<bullet> Basis for dioxin/furan limits
FF, as specified above.
MWC Metal Emissions:
dscf).
dscf).
dscf).*
dscf).
dscf) or 85-percent reduction
in Hg emissions.
<bullet> Basis for PM, opacity, Cd, Pb, and Hg limits
FF/CI

MWC Acid Gas Emissions:
<bullet> SO₂ (performance test by CEMS)
in SO₂ emissions.*
in SO₂ emissions.
in HCl emissions.*
reduction in HCl emissions.
<bullet> Basis for SO₂ and HCl limits
Nitrogen Oxides Emissions
<bullet> NO_X(performance test by CEMS)
Large MWC plants:
Mass burn waterwall................ 200 ppmvb.
Mass burn rotary waterwall......... 250 ppmvb.
Refuse-derived fuel combustor...... 250 ppmvb.
Fluidized bed combustor.............. 240 ppmvb.
Other................................ 200 ppmvb.
<bullet> Basis for NO_Xlimits
Large MWC plants..................... SNCR.
Fugitive Ash Emissions:
<bullet> Fugitive Emissions
(performance test by EPA Reference
Method 22)
the time from ash transfer
systems except for maintenance
and repair activities.*
limit ash handling.
Performance Testing and Monitoring
Requirements:
violation)*.
block arithmetic average
<bullet> CO CEMS, 4-hour block or 24-hour
daily arithmetic average, as
applicable
<bullet> Dioxins/furans, PM, Cd, Pb,
HCl, and Hg
test.
<bullet> Opacity COMS (6-minute average) and
annual stack test.
<bullet> SO₂ CEMS, 24-hour daily geometric
mean.
average.
Compliance Schedule:
<bullet> Large MWC plants
toward compliance).
<bullet> Small MWC plants
State plans must require full
compliance or closure with
regulatory requirements in 3 years
or less following issuance of a
revised construction or operation
permit if a permit modification is
required, or within 3 years
following EPA approval of the State
plan if a permit modification is not
required.
the State plan, whichever is later.
<bullet> State plans are required to
specify that owners or operators of
MWC's comply with the operator
training and certification
requirements by 6 months after startup
or 1 year after State plan approval by
the EPA, whichever is later, for large
plants and by 6 months after startup
or 18 months after State plan approval
by the EPA, whichever is later, for
small plants.
preamble.
dry basis.
dscm TEQ and 0.3 to 0.8 ng/dscm TEQ, respectively.
Increment of
promulgated 1995
1991 subpart Ca Promulgated 1995 subpart Cb
Parameter guidelines a subpart Cb guidelines over
guidelines a the 1991 subpart
Ca guidelines b
Characteristics of Existing MWC's:
Cost (1990 Dollars):
Annual Emissions Reduction (Mg/yr):
guidelines).
the promulgated 1995 subpart Cb guidelines (based on a pre-1989 baseline).
Ownership
---------------------------------------------------------------------
Model planta Public Private Total
throughput (Mg/ Public throughput (Mg/ Private throughput (Mg/
yr) share () yr) share () yr)

1994).
Matter, and Metals Control

GCP + ESP
GCP + DSI/ESP
GCP + DSI/FF
GCP + SD/ESP
GCP + SD/FF

Regulatory Alternatives a b
Size Classification (Mg MSW/day)
APCD Small (35 to 225) Large (over 225)
Reg. Alt. I:
No control........................... GCP+ESP GCP+SD/FF+CI+SNCR
ESP (low)............................ GCP+ESP GCP+SD/ESP(m)+CI+SNCR
SD/ESP............................... GCP+SD/ESP GCP+SD/ESP(m)+CI+SNCR
SD/FF................................ GCP+SD/FF GCP+SD/FF+CI+SNCR
Reg. Alt. II-A:
No control........................... GCP+DSI/FF+CI GCP+SD/FF+CI+SNCR
SD/ESP............................... GCP+SD/ESP+CI GCP+SD/ESP(m)+CI+SNCR
SD/FF................................ GCP+SD/FF+CI GCP+SD/FF+CI+SNCR
Reg. Alt. II-B:
No control........................... GCP+DSI/FF+CI GCP+SD/FF+CI+SNCR
ESP (low)............................ GCP+DSI/ESP+CI GCP+SD/FF+CI+SNCR
SD/ESP............................... GCP+SD/ESP+CI GCP+SD/ESP(m)+CI+SNCR
SD/FF................................ GCP+SD/FF+CI GCP+SD/FF+CI+SNCR
Reg. Alt. III;
No control........................... GCP+SD/FF+CI GCP+SD/FF+CI+SNCR
ESP (low)............................ GCP+SD/FF+CI GCP+SD/FF+CI+SNCR
SD/ESP............................... GCP+SD/FF+CI GCP+SD/FF+CI+SNCR
SD/FF................................ GCP+SD/FF+CI GCP+SD/FF+CI+SNCR
MACT Floor:
No control............................. GCP+DSI/FF GCP+SD/FF+SNCR
ESP (low).............................. GCP+DSI/ESP GCP+SD/ESP(M)+SNCR
SD/ESP................................. GCP+SD/ESP GCP+SD/ESP(m)+SNCR
SD/FF.................................. GCP+SD/FF GCP+SD/FF+SNCR
SUPPLEMENTARY INFORMATION for information on obtaining this document.
control requirements, no additional costs are incurred.
b CI=carbon injection.
Alternatives a
Regulatory alternative
cost ($1990 10 6/yr) Reg. alt. II- Reg. alt. II-
Reg. alt. I A B Reg. alt. III Mact floor

SUPPLEMENTARY INFORMATION for information on obtaining this document.
control requirements, no additional costs are incurred.
the MACT floor is not provided in the ``Economic Impacts Analysis.''
Annual
Annual operating Annual Total
Ownership category capital and MIRR annual
costs maintenance costs a costs
costs
a MIRR=Monitoring, inspection, reporting, and recordkeeping.
Small MWC Large MWC
plants (35 plants a
to 225 Mg/ (over 225 Mg/
Ownership day MSW) day MSW)
(percent (percent
change) change)
1993) converted to 1990 dollars.
Total
social
Ownership category costs Share
($10 \3\ (percent)
per year)
Costs ($1990 x 10 6)
Plant size (Mg/day) MWC type -------------------------- Model plant
Capital Annual number
Municipal Waste Combustors'' (EPA-450/3-91-029) for more information.
<bullet> Carcinogenicity.
damage.
<bullet> Hypertension.
<bullet> Central nervous
system injury.
<bullet> Renal dysfunction.
<bullet> Dental erosion.
<bullet> Acid rain.
<bullet> Mortality, morbidity.
<bullet> Respiratory tract
problems, permanent harm to
lung.
<bullet> Soiling and materials
damage.
<bullet> Reduced agricultural
yield.
<bullet> Ozone formation.
<bullet> Eye and throat
irritation, bronchitis, lung
damage.
<bullet> Impaired visibility.
<bullet> Soiling and materials
damage.
by Ownership ($1990)
Social benefits ($10 \3\ per
year) a b
PM SO₂ Total
their share of the total annual costs.
control.
Total Partial
Ownership category social social
costs benefits
Municipal Waste Combustor Plants
Nitrogen
oxides
emission
per million
by volume) a
a Corrected to 7 percent oxygen, dry basis.
Combustor Plants
Nitrogen
oxides
emission
per million
by volume)a
a Corrected to 7 percent oxygen, dry basis.
emissions averaging plan.
Carbon
monoxide
emissions
(parts per time (hrs)
million by
volume)a
Pulverized coal/refuse-derived fuel mixed fuel-
Spreader stoker coal/refuse-derived fuel mixed
Calculated as an arithmetic average.
Carbon monoxide
emission limit
million by (hours)
volume) a
Pulverized coal/refuse-derived fuel
Spreader stoker coal/refuse-derived

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

RIN 2060-AD00

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