Federal Plan Requirements for Large Municipal Waste Combustors Constructed On or Before September 20, 1994

Related Material

Other Related Documents

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

[Federal Register: May 24, 2000 (Volume 65, Number 101)]
[Rules and Regulations]
[Page 33461-33469]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my00-11]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[AD-FRL-6603-5]
RIN 2060-ZA03

Federal Plan Requirements for Large Municipal Waste Combustors
Constructed On or Before September 20, 1994

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action on the ``Federal Plan
Requirements for Large Municipal Waste Combustors Constructed on or
Before September 20, 1994.'' The amendments in this document clarify
the final compliance date, update the list of which large municipal
waste combustor (MWC) units are affected by the Federal plan, and add a
site-specific compliance schedule for one MWC unit.
On November 12, 1998, the EPA adopted the Federal plan to implement
emission guidelines for large MWC units located in areas that are not
covered by an approved and currently effective State plan. We are
updating the MWC Federal plan to identify large MWC units for which a
State plan was approved and became effective since adoption of the
Federal plan (November 12, 1998). We are also amending certain
regulations to reflect receipt of negative declarations from States
that have certified that there are no large MWC units located in the
State that would be subject to the Federal plan. We are also amending a
table in the Federal plan to clarify that in all cases for all large
MWC units, final compliance with all emission limits including the
mercury (Hg) and dioxins/furans emission limits must be achieved by
December 19, 2000. Finally, we are amending a table to add the site-
specific compliance schedule for one additional MWC unit. Today's
action does not change the emission limits for large MWC units nor does
it change the level of health protection that the Federal plan
provides.

DATES: These amendments to part 62 are effective on July 24, 2000,
without further notice unless we receive significant material adverse
comments by June 23, 2000. If we receive such comments, we will
publish, on or before this rule's effective date, a document in the
Federal Register withdrawing this direct final rule and informing the
public that this direct final rule will not take effect.

ADDRESSES: Comments should be submitted (in duplicate, if possible) to:
Air and Radiation Docket and Information Center (MC-6102), Attn: Docket
No. A-97-45/Category V-D, U.S. Environmental Protection Agency, 401 M
Street SW, Washington, DC 20460. Comments may also be submitted
electronically. For information on submitting comments electronically,
see the SUPPLEMENTARY INFORMATION section. Address all comments and
data for this action, whether on paper or in electronic form, such as
through e-mail or disk, to Docket No. A-97-45/Category V-D.

FOR FURTHER INFORMATION CONTACT: For procedural and implementation
information regarding these amendments, contact Ms. Julie Andresen
McClintock at (919) 541-5339, Program Implementation and Review Group,
Information Transfer and Program Integration Division (MD-12), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711. For State-specific information regarding the implementation of
this Federal plan, contact the appropriate Regional Office (table 1) as
shown in SUPPLEMENTARY INFORMATION:
Docket. Docket No. A-97-45 contains information considered by EPA
in developing the MWC Federal plan and this action. You can inspect the
docket and copy materials from 8 a.m. to 5:30 p.m., Monday through
Friday, excluding legal holidays. The docket is located at the EPA's
Air and Radiation Docket and Information Center, Waterside Mall, Room
M1500, 1st Floor, 401 M Street, SW., Washington, DC 20460; telephone
(202) 260-7548 or fax (202) 260-4400. A reasonable fee may be charged
for copying.

SUPPLEMENTARY INFORMATION: We are publishing these amendments without
prior proposal because we view these amendments as noncontroversial and
anticipate no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register publication, we are publishing a
separate document that will serve as the proposal to these amendments
if adverse comments are filed. These amendments will be effective on
July 24, 2000, without further notice unless we receive adverse comment
on the parallel proposal by June 23, 2000. If we receive such comments,
we will publish a timely withdrawal in the Federal Register informing
the public that these amendments will not take effect. We will address
all public comments in a subsequent final amendment package based on
the proposed amendments. We will not institute a second comment period
on this action. Any parties interested in commenting must do so at this
time. If no comments are received, the public is advised that these
amendments will be effective on July 24, 2000, and no further action
will be taken on these amendments.

Regulated Entities

Entities regulated by this action are existing MWC units with the
capacity to combust greater than 250 tons per day of municipal solid
waste (MSW) (large MWC units) unless the unit is subject to a section
111(d)/129 State plan that has been approved by EPA and is currently in
effect. Regulated categories and entities include the following North
American Industrial Classification System (NAICS) codes and Standard
Industrial Classification System (SIC) codes.

----------------------------------------------------------------------------------------------------------------
Category NAICS codes SIC codes Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry and local government agencies........ 562213 4953 Waste-to-energy plants that generate
92411 9511 electricity or steam from the
combustion of garbage by feeding
municipal waste into large furnaces.
Incinerators that combust trash but do
not recover energy from the waste.
----------------------------------------------------------------------------------------------------------------

The foregoing table is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be regulated
by the MWC Federal plan. For specific applicability criteria, see 40
CFR 62.14100 and 62.14102.

Electronic Submittal of Comments

Comments may be submitted electronically. Send electronic
submittals to: ``A-and-R-Docket@epamail.epa.gov''. Submit

[[Page 33462]]

electronic comments in American Standard Code for Information
Interchange (ASCII) format. Avoid the use of special characters and any
form of encryption. Electronic comments on the proposed amendments to
the Federal plan may be filed online at any Federal Depository Library.
Comments and data will also be accepted on disks in
WordPerfect version 5.1 or 6.1 file format (or ASCII file
format). Address all comments and data for the proposal, whether on
paper or in electronic form, such as through e-mail or disk, to Docket
No. A-97-45/ Category V-D.

Regional Office Contacts

For information regarding the implementation of the MWC Federal
plan, contact the appropriate EPA Regional Office as shown in table 1.
This table has been updated since published on November 12, 1998 (63 FR
63193).

Table 1.--EPA Regional Contacts for Municipal Waste Combustors
----------------------------------------------------------------------------------------------------------------
Regional contact Phone No. Fax No.
----------------------------------------------------------------------------------------------------------------
John Courcier, U.S. EPA, Region I (Connecticut, Maine, Massachusetts, New (617) 918-1659 (617) 918-1505
Hampshire, Rhode Island, Vermont), 1 Congress Street, Suite 1100 (CAP)
Boston, MA 02114-2023....................................................
Kirk Wieber............................................................... (212) 637-3381 (212) 637-3901
Argie Cirillo............................................................. (212) 637-3203
Craig Flamm............................................................... (212) 637-4021
U.S. EPA, Region II (New Jersey, New York, Puerto Rico, Virgin Islands),
290 Broadway, New York, NY 10007-1866
James B. Topsale, U.S. EPA/3AP22, Region III (Delaware, District of (215) 814-2190 (215) 814-2114
Columbia, Maryland, Pennsylvania, Virginia, West Virginia), 1650 Arch
Street, Philadelphia, PA 19103-2029......................................
Scott Davis, U.S. EPA/APTMD, Region IV (Alabama, Florida, Georgia, (404) 562-9127 (404) 562-9095
Kentucky, Mississippi, North Carolina, South Carolina, Tennessee), Sam
Nunn Atlanta Federal Center, 61 Forsyth Street, SW, Atlanta, GA 30303....
Douglas Aburano (MN)...................................................... (312) 353-6960 (312) 886-5824
Mark Palermo (IL, IN, OH)................................................. (312) 886-6082
Charles Hatten (MI, WI)................................................... (312) 886-6031
U.S. EPA/AT18J, Region V (Illinois, Indiana, Michigan, Minnesota, Ohio,
Wisconsin), 77 W. Jackson Blvd., Chicago, IL 60604
Mick Cote, U.S. EPA, Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, (214) 665-7219 (214) 665-7263
Texas), 1445 Ross Ave., Suite 1200, Dallas, TX 75202-2733................
Wayne Kaiser, U.S. EPA, Region VII (Iowa, Kansas, Missouri, Nebraska), 726 (913) 551-7603 (913) 551-7065
Minnesota Ave., Kansas City, KS 66101....................................
Mike Owens, U.S. EPA, Region VIII (Colorado, Montana, North Dakota, South (303) 312-6440 (303) 312-6064
Dakota, Utah, Wyoming), 999 18th Street, Suite 500, Denver, CO 80202-2466
Patricia Bowlin, U.S. EPA/Air 4, Region IX (American Samoa, Arizona, (415) 744-1188 (415) 744-1076
California, Guam, Hawaii, Northern Mariana Islands, Nevada), 75 Hawthorne
Street, San Francisco, CA 94105..........................................
Catherine Woo, U.S. EPA, Region X (Alaska, Idaho, Oregon, Washington), (206) 553-1814 (206) 553-0110
1200 Sixth Ave., Seattle, WA 98101.......................................
----------------------------------------------------------------------------------------------------------------

Outline

The information presented in this preamble is organized as follows:

I. Amendments to Part 62--Negative Declarations
II. Amendments to Part 62, Subpart FFF
A. Amendment to Table 1
B. Amendment to Table 5
C. Amendment to Table 6
D. Amendment to Table 6
III. Administrative Requirements
A. Docket
B. Paperwork Reduction Act
C. Executive Order 12866--Regulatory Planning and Review
D. Executive Order 13084--Consultation and Coordination With
Indian Tribal Governments
E. Regulatory Flexibility Act/Small Business Regulatory
Enforcement Fairness Act
F. Unfunded Mandates Reform Act of 1995
G. Congressional Review Act
H. National Technology Transfer and Advancement Act
I. Executive Order 13045--Protection of Children from
Environmental Health Risks and Safety Risks
J. Executive Order 13132--Federalism

I. Amendments to Part 62--Negative Declarations

We are amending part 62 to reflect the receipt of negative
declaration letters. A negative declaration letter is a letter from a
State authority certifying that there are no designated facilities (MWC
units with a capacity to combust greater than 250 tons per day of
municipal solid waste) in the State. The negative declaration letter is
submitted in lieu of a State plan. We are documenting the receipt of
negative declarations by amending 40 CFR part 62, subparts C (Alaska),
D (Arizona), E (Arkansas), G (Colorado), I (Delaware), J (District of
Columbia), N (Idaho), S (Kentucky), T (Louisiana), Z (Mississippi), BB
(Montana), DD (Nevada), GG (New Mexico), JJ (North Dakota), NN
(Pennsylvania), QQ (South Dakota), SS (Texas), TT (Utah), XX (West
Virginia), YY (Wisconsin), ZZ (Wyoming), BBB (Puerto Rico), and CCC
(Virgin Islands).

II. Amendments to Part 62, Subpart FFF

We published in the Federal Register of November 12, 1998 (63 FR
63191) the final rule establishing a Federal plan to implement emission
guidelines for large MWC units located in areas not covered by an
approved and currently effective State plan. We are making the
following technical amendments and updates to the MWC Federal plan.

A. Amendments to Table 1

We are amending table 1 of subpart FFF (40 CFR part 62) to add MWC
units for which a State plan was approved and became effective since
the final MWC Federal plan was published in November 1998. MWC units
covered by the State plans for Alabama, Maine, Maryland, Oklahoma,
Pennsylvania and Washington are added to table 1 of subpart FFF.

B. Amendment to Table 5

We are amending table 5 of subpart FFF (40 CFR part 62) by adding
footnote e to clarify that in all cases for all large MWC units, final
compliance with all emission limits including the mercury and dioxins/
furans emission limits must be achieved no later than December 19,
2000. This footnote was inadvertently omitted from the final MWC
Federal

[[Page 33463]]

plan. The addition of this footnote makes table 5 consistent with the
requirements of the Clean Air Act, the emission guidelines, and tables
4 and 6 of subpart FFF. Sections 129(b)(2) and (3) of the Clean Air Act
require State and Federal plans to ensure that each unit subject to the
emission guidelines is in compliance with all requirements of the
guidelines not later than 5 years after the guidelines are promulgated.
Section 60.39b(d) of the emission guidelines requires each unit subject
to the emission guidelines to be in compliance with the mercury and
dioxins/furans emission limits no later than 5 years after promulgation
of the guidelines. The emission guidelines, which are implemented by
either the Federal or a State plan, were promulgated on December 19,
1995, making the final compliance date for mercury and dioxins/furans
for all large MWC units December 19, 2000. The emission guidelines
require that the owner or operator of an affected facility that began
construction, modification or reconstruction after June 26, 1987
achieve final compliance with the mercury and dioxins/furans emission
limits within 1 year after promulgation of subpart FFF (i.e., by
November 12, 1999) or 1 year after permit issuance.

C. Amendment to Table 6

We are amending table 6 of subpart FFF (40 CFR part 62) by adding
footnote c to clarify that the owner or operator of an affected
facility that began construction, modification, or reconstruction after
June 26, 1987 must achieve final compliance with the mercury and
dioxins/furans emission limits within 1 year after promulgation of
subpart FFF (i.e., by November 12, 1999) or 1 year after permit
issuance. Permit issuance is issuance of a revised construction permit
or revised operating permit, if a permit modification is required to
retrofit controls. Consistent with Sec. 60.39b(c)(5), we included the
provision pertaining to permit modification in the Federal plan in
recognition of the fact that some owners or operators of affected
facilities would need to obtain a permit modification before they could
retrofit controls. We never intended for this accommodation to be
construed as relieving an owner or operator of the obligation to be in
compliance with all emission limits by no later than 5 years after
promulgation of the emission guidelines (i.e., December 19, 2000). The
addition of this footnote makes table 6 consistent with table 5 of
subpart FFF and the emission guidelines. The emission guidelines
(Sec. 60.39b(c)(5)) require MWC units that commenced construction,
reconstruction, or modification after June 26, 1987 to achieve
compliance with the mercury and dioxins/furans emission limits within 1
year after State plan approval (or permit modification).
The footnote also clarifies that in all cases for all large MWC
units, final compliance must be achieved no later than December 19,
2000. (See explanation in Section II.B above.) This footnote was not
originally included in the final MWC Federal plan. The addition of this
footnote makes it clear that table 6 is consistent with the
requirements of the Clean Air Act and the emission guidelines. Sections
129(b)(2) and (3) of the Clean Air Act require State and Federal plans
to ensure that each unit subject to the emission guidelines is in
compliance with all requirements of the guidelines not later than 5
years after the guidelines are promulgated. Section 60.39b(d) of the
emission guidelines requires each unit subject to the emission
guidelines to be in compliance with the mercury and dioxins/furans
emission limits no later than 5 years after promulgation of the
guidelines (i.e., by December 19, 2000).

D. Amendment to Table 6

We are amending table 6 of subpart FFF (40 CFR part 62) by adding a
site-specific compliance schedule and increments of progress for unit
3A at the New Hanover County Waste-to-Energy Conversion facility in
Wilmington, North Carolina. Unit 3A at the New Hanover County MWC
facility had not been identified as a large MWC unit (capacity greater
than 250 tpd) when subpart FFF was promulgated in November 1998. Prior
to November 1998, the State of North Carolina submitted a negative
declaration letter to certify that there were no large MWC units in
North Carolina. Subsequently, the State obtained new information and
notified EPA that it believed that Unit 3A at the New Hanover County
MWC facility might be a large MWC unit and thus subject to subpart FFF.
We confirmed that Unit 3A at the New Hanover County MWC facility is a
large unit, and thus subject to subpart FFF. The negative declaration
letter is, therefore, no longer applicable. Unit 3A is larger than 250
tons per day (tpd) and is covered by subpart FFF.
Due to the confusion over the size of Unit 3A, the owner/operator
of the New Hanover County MWC did not have the opportunity to submit a
site-specific compliance schedule. In developing the promulgated
Federal plan, EPA provided the owner or operator of a large MWC unit
the opportunity to submit a site-specific compliance schedule. Unit 3A
at the New Hanover County MWC facility is already equipped with an air
pollution control system incorporating a spray dryer/fabric filter, and
selective noncatalytic reduction. Subpart FFF will only require the
addition of carbon injection (or some other mechanism for meeting the
applicable dioxins/furans and mercury emission limits), upgrading the
continuous emissions monitoring system, and other less extensive
changes. For these reasons, we determined that it was appropriate to
allow the owner/operator of the New Hanover County MWC facility to
submit a site-specific schedule for Unit 3A. The owner/operator of the
New Hanover County MWC facility has since submitted such a schedule and
we are amending table 6 to add that site-specific schedule for unit 3A.
The site-specific compliance schedule achieves final compliance with
all applicable requirements no later than December 19, 2000, the same
date as required for all other MWC units subject to subpart FFF.

III. Administrative Requirements

A. Docket

The docket is an organized and complete file of all the information
considered by EPA in the development of this rulemaking. The docket is
a dynamic file, since material is added throughout the rulemaking
development. The docketing system is intended to allow members of the
public to identify and locate documents so that they can effectively
participate in the rulemaking process. Along with the proposed and
promulgated rule and EPA responses to significant comments, the
contents of the docket will serve as the record in case of judicial
review (see 42 U.S.C. 7607(d)(7)(A)). Docket numbers A-89-08 and A-90-
45 contain the supporting information for the December 19, 1995
emission guidelines. Because the MWC Federal plan implements the
emission guidelines, these dockets also contain the supporting
information for the MWC Federal plan. Public comments received on the
MWC Federal plan are included in docket number A-97-45.

B. Paperwork Reduction Act

The information collection requirements in the MWC Federal plan
have been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An
Information Collection Request (ICR) document has been prepared by EPA
(ICR No. 1847.01) and a copy may be obtained from Sandy Farmer by mail
at

[[Page 33464]]

the U.S. Environmental Protection Agency; Office of Environmental
Information, Collection Strategies Division (2822); 1200 Pennsylvania
Avenue, NW, Washington, DC 20460; by e-mail at
``farmer.sandy@epa.gov'', or by calling (202) 260-2740. A copy may also
be downloaded off the internet at ``http://www.epa.gov/icr''. OMB
approved ICR 1847.01 in December 1998 and the OMB approval number is
#20600390.
Today's direct final rule will have no effect on the estimates of
the information collection burden. The technical changes clarify
requirements and do not impose additional requirements. Therefore, we
have not revised the ICR.

C. Executive Order 12866--Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether a regulatory action is ``significant'' and therefore
subject to OMB review and the requirements of the Executive Order. The
Executive Order defines ``significant regulatory action'' as one that
is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Today's direct final rule includes only minor amendments.
Therefore, we have determined that this action is not significant and
OMB has waived review. OMB determined that the promulgated Federal plan
was ``not significant'' under Executive Order 12866. The promulgated
Federal plan simply implements the 1995 MWC emission guidelines (as
amended in 1997) and does not result in any additional control
requirements or impose any additional costs above those previously
considered during promulgation of the 1995 MWC emission guidelines. The
EPA considered the 1995 emission guidelines and standards to be
significant and the rules were reviewed by OMB in 1995 (see 60 FR
65405).

D. Executive Order 13084--Consultation and Coordination With Indian
Tribal Governments

Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities unless the Federal
Government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to OMB, in a separately identified section of
the preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected
officials and other representatives of Indian tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.''
Today's direct final rule does not significantly or uniquely affect
the communities of Indian tribal governments. The Federal plan adopted
on November 12, 1998 does not significantly or uniquely affect
communities of Indian tribal governments. We believe that no large MWC
units are located in Indian country. In addition, we have determined
that the promulgated Federal plan does not include any new Federal
mandates or additional requirements above those previously considered
during promulgation of the 1995 MWC emission guidelines. (See the
discussion above on Executive Order 12875 in this section.)
Accordingly, the requirements of section 3(b) of Executive Order 13084
do not apply to this direct final rule.

E. Regulatory Flexibility Act/Small Business Regulatory Enforcement
Fairness Act of 1996

The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601, et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA), generally requires EPA to prepare a regulatory
flexibility analysis of any rule subject to notice and comment under
the Administrative Procedure Act or any other statute unless EPA
certifies that the rule will not have a significant impact on a
substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business in this
industry with a gross annual revenue less than $6 million; (2) a small
governmental jurisdiction that is a government of a city, county, town
school district or special district or a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise that is independently owned and operated and not dominant in
its field.
Today's action is not subject to the requirements of the RFA as
modified by SBREFA because it only makes minor technical amendments to
some of the rule's requirements and it does not impose any additional
requirements. During the 1995 MWC emission guidelines rulemaking, EPA
estimated that few, if any, small entities would be affected by the
promulgated guidelines and standards, and therefore, a regulatory
flexibility analysis was not required (see 60 FR 65413). The EPA has
concluded that these amendments to the MWC Federal plan will not have a
significant impact on a substantial number of small entities and a
regulatory flexibility analysis is not required.

F. 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
1 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

[[Page 33465]]

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.
The EPA has determined that this direct final rule does not include
a Federal mandate that may result in estimated costs of $100 million or
more to either State, local, or tribal governments in the aggregate, or
to the private sector in any 1 year. Therefore, the requirements of
sections 202 and 205 of the UMRA do not apply to this action. The EPA
has likewise determined that today's amendments to the rule do not
include regulatory requirements that would significantly or uniquely
affect small governments. Thus, today's action is not subject to the
requirements of section 203 of the UMRA.

G. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the SBREFA of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. The EPA will submit a
report containing this rule, its amendments, and other required
information to the United States Senate, the United States House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2). This rule will be
effective July 24, 2000.

H. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note), directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, business practices) that are developed or adopted
by voluntary consensus standard bodies. The NTTAA requires EPA to
provide Congress, through OMB, explanations when EPA decides not to use
available and applicable voluntary consensus standards.
Today's action does not amend or modify technical standards,
therefore, the requirements of the NTTAA do not apply.

I. Executive Order 13045--Protection of Children and Environmental
Health Risks and Safety Risks

Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), applies to any rule that EPA determines (1) is economically
significant as defined under Executive Order 12866, and (2) for which
the environmental health or safety risk addressed by the rule has a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA 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 EPA.
Today's action is not subject to Executive Order 13045 because it
is not an economically significant regulatory action as defined by
Executive Order 12866. Further, EPA interprets Executive Order 13045 as
applying only to those regulatory actions that are based on health or
safety risks, such that the analysis required under section 5-501 of
the order has the potential to influence the regulation. This rule is
based on technology performance and not on health or safety risks.

J. 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.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal Government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. The EPA also may not issue a
regulation that has federalism implications and that preempts State
law, unless the EPA consults with State and local officials early in
the process of developing the proposed regulation.
If EPA complies by consulting, Executive Order 13132 requires EPA
to provide to the Office of Management and Budget (OMB), in a
separately identified section of the preamble to the rule, a federalism
summary impact statement (FSIS). The FSIS must include a description of
the extent of EPA's prior consultation with State and local officials,
a summary of the nature of their concerns and EPA's position supporting
the need to issue the regulation, and a statement of the extent to
which the concerns of State and local officials have been met. Also,
when EPA transmits a draft final rule with federalism implications to
OMB for review pursuant to Executive Order 12866, EPA must include a
certification from the agency's Federalism Official stating that EPA
has met the requirements of Executive Order 13132 in a meaningful and
timely manner.
This direct final rule does not have Federalism implications. It
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. This direct final
rule clarifies the final compliance date, updates the status of which
MWC units are affected by the Federal plan, and adds a site-specific
compliance schedule for one MWC unit. These amendments would primarily
affect private industry, and do not impose significant economic costs
on State or local governments.
Although section 6 of Executive Order 13132 does not apply to these
proposed amendments, EPA consulted with representatives of State and
local governments during development of the Federal plan to enable them
to provide meaningful and timely input (see 63 FR 63201, November 12,
1998).

[[Page 33466]]

List of Subjects in 40 CFR Part 62

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

Dated: May 2, 2000.
Carol M. Browner,
Administrator.

Part 62, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
1. The authority citation for part 62 continues to read as follows:

Authority: 42 U.S.C. 7401-7671 et seq.

Subpart C--Alaska

2. Amend subpart C by adding an undesignated center heading and
Sec. 62.354 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.354 Identification of plan--negative declaration.

Letter from the Department of Environmental Conservation submitted
June 30, 1997 certifying that there are no existing municipal waste
combustor units in the State of Alaska that are subject to part 60,
subpart Cb, of this chapter.

Subpart D--Arizona

3. Amend subpart D by adding an undesignated center heading, and
adding Sec. 62.620 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.620 Identification of plan--negative declaration.

Letter from the Department of Environmental Quality submitted June
7, 1996 certifying that there are no existing municipal waste combustor
units in the State of Arizona that are subject to part 60, subpart Cb,
of this chapter.

Subpart E--Arkansas

4. Amend subpart E by adding an undesignated center heading and
adding Sec. 62.875 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.875 Identification of plan--negative declaration.

Letter from the Department of Pollution Control and Ecology
submitted July 1, 1997 certifying that there are no existing municipal
waste combustor units in the State of Arkansas that are subject to part
60, subpart Cb, of this chapter.
5. Amend subpart G by adding a title, adding an undesignated center
heading, and adding Sec. 62.1370 to read as follows:

Subpart G--Colorado

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.1370 Identification of plan--negative declaration.

Letter from the Department of Public Health and Environment
submitted July 30, 1996 certifying that there are no existing municipal
waste combustor units in the State of Colorado that are subject to part
60, subpart Cb, of this chapter.

Subpart I--Delaware

6. Amend subpart I by adding an undesignated center heading and
adding Sec. 62.1960 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.1960 Identification of plan--negative declaration.

Letter from the Department of Natural Resources and Environmental
Control submitted March 26, 1996 certifying that there are no existing
municipal waste combustor units in the State of Delaware that are
subject to part 60, subpart Cb, of this chapter.

Subpart J--District of Columbia

7. Amend subpart J by adding an undesignated center heading and
adding Sec. 62.2130 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.2130 Identification of plan--negative declaration.

Letter from the Department of Consumer and Regulatory Affairs
submitted July 6, 1992 certifying that there are no existing municipal
waste combustor units in the District of Columbia that are subject to
part 60, subpart Cb, of this chapter.

Subpart N--Idaho

8. Amend subpart N by adding an undesignated center heading and
adding Sec. 62.3130 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.3130 Identification of plan--negative declaration.

Letter from the Department of Health and Welfare submitted October
28, 1996 certifying that there are no existing municipal waste
combustor units in the State of Idaho that are subject to part 60,
subpart Cb, of this chapter.

Subpart S--Kentucky

9. Amend subpart S by adding an undesignated center heading and
adding Sec. 62.4370 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.4370 Identification of plan--negative declaration.

Letter from the Department for Environmental Protection submitted
December 18, 1996 certifying that there are no existing municipal waste
combustor units in the State of Kentucky that are subject to part 60,
subpart Cb, of this chapter.

Subpart T--Louisiana

10. Amend subpart T by adding an undesignated center heading and
adding Sec. 62.4650 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.4650 Identification of plan--negative declaration.

Letter From the Department of Environmental Quality submitted May
21, 1996 certifying that there are no existing municipal waste
combustor units in the State of Louisiana that are subject to part 60,
subpart Cb, of this chapter.

Subpart Z--Mississippi

11. Amend subpart Z by adding Sec. 62.6125 to read as follows:

Sec. 62.6125 Identification of plan--negative declaration.

Letter from the Department of Environmental Quality submitted
September 24, 1997 certifying that there are no existing municipal
waste combustor units in the State of Mississippi that are subject to
part 60, subpart Cb, of this chapter.

[[Page 33467]]

Subpart BB--Montana

12. Amend subpart BB by adding an undesignated center heading, and
adding Sec. 62.6620 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.6620 Identification of plan--negative declaration.

Letter from the Department of Environmental Quality submitted June
3, 1997 certifying that there are no existing municipal waste combustor
units in the State of Montana that are subject to part 60, subpart Cb,
of this chapter.

Subpart DD--Nevada

13. Amend subpart DD by adding an undesignated center heading, and
adding Sec. 62.7120 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.7120 Identification of plan--negative declaration.

Letter from the Nevada Division of Environmental Protection
submitted March 26, 1997 certifying that there are no existing
municipal waste combustor units in the State of Nevada that are subject
to part 60, subpart Cb, of this chapter.
14. Amend subpart GG by adding an undesignated center heading and
adding Sec. 62.7857 to read as follows:

Subpart GG--New Mexico

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.7857 Identification of plan--negative declaration.

Letter from the Environment Department submitted January 10, 1997
certifying that there are no existing municipal waste combustor units
in the State of New Mexico that are subject to part 60, subpart Cb, of
this chapter.

Subpart JJ--North Dakota

15. Amend subpart JJ by adding an undesignated center heading and
adding Sec. 62.8620 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.8620 Identification of plan--negative declaration.

Letter from the Department of Health submitted May 1, 1996
certifying that there are no existing municipal waste combustor units
in the State of North Dakota that are subject to part 60, subpart Cb,
of this chapter.

Subpart NN--Pennsylvania

16. Amend subpart NN by adding an undesignated center heading and
adding Sec. 62.9643 and 62.9644 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.9643 Identification of plan--negative declaration.

Letter from the Allegheny County Health Department submitted March
14, 1996 certifying that there are no existing municipal waste
combustor units in Allegheny County that are subject to part 60,
subpart Cb, of this chapter.

Sec. 62.9644 Identification of plan--negative declaration.

Letter from the City of Philadelphia Department of Public Health
submitted February 14, 1997 certifying that there are no existing
municipal waste combustor units in the City of Philadelphia that are
subject to part 60, subpart Cb, of this chapter.

Subpart QQ--South Dakota

17. Amend subpart QQ by adding an undesignated center heading, and
adding Sec. 62.10370 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.10370 Identification of plan--negative declaration.

Letter from the Department of Environment and Natural Resources
submitted June 20, 1997 certifying that there are no existing municipal
waste combustor units in the State of South Dakota that are subject to
part 60, subpart Cb, of this chapter.

Subpart SS--Texas

18. Amend subpart SS by adding an undesignated center heading and
adding Sec. 62.10890 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.10890 Identification of plan--negative declaration.

Letter from the Texas Natural Resource Conservation Commission
submitted May 13, 1997 certifying that there are no existing municipal
waste combustor units in the State of Texas that are subject to part
60, subpart Cb, of this chapter.

Subpart TT--Utah

19. Amend subpart TT by adding an undesignated center heading and
adding Sec. 62.11130 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.11130 Identification of plan--negative declaration.

Letter from the Department of Environmental Quality submitted June
16, 1997 certifying that there are no existing municipal waste
combustor units in the State of Utah that are subject to part 60,
subpart Cb, of this chapter.

Subpart XX--West Virginia

20. Amend subpart XX by adding an undesignated center heading and
adding Sec. 62.12110 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.12110 Identification of plan--negative declaration.

Letter from the Division of Environmental Protection submitted
March 11, 1996 certifying that there are no existing municipal waste
combustor units in the State of West Virginia that are subject to part
60, subpart Cb, of this chapter.

Subpart YY--Wisconsin

21. Amend subpart YY by adding an undesignated center heading and
adding Sec. 62.12360 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.12360 Identification of plan--negative declaration.

Letter from the Department of Natural Resources submitted September
26, 1997 certifying that there are no existing

[[Page 33468]]

municipal waste combustor units in the State of Wisconsin that are
subject to part 60, subpart Cb, of this chapter.

Subpart ZZ--Wyoming

22. Amend subpart ZZ by adding an undesignated center heading and
adding Sec. 62.12620 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.12620 Identification of plan--negative declaration.

Letter from the Department of Environmental Quality submitted
October 29, 1996 certifying that there are no existing municipal waste
combustor units in the State of Wyoming that are subject to part 60,
subpart Cb, of this chapter.

Subpart BBB--Puerto Rico

23. Amend subpart BBB by adding an undesignated center heading and
adding Sec. 62.13104 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.13104 Identification of plan--negative declaration.

Letter from the Office of the Governor submitted December 12, 1996
certifying that there are no existing municipal waste combustor units
in the Territory of Puerto Rico that are subject to part 60, subpart
Cb, of this chapter.

Subpart CCC--Virgin Islands

24. Amend subpart CCC by adding an undesignated center heading and
adding Sec. 62.13354 to read as follows:

Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater Than 250 Tons Per Day of Municipal Solid
Waste

Sec. 62.13354 Identification of plan--negative declaration.

Letter from the Department of Planning and Natural Resources
submitted September 29, 1997 certifying that there are no existing
municipal waste combustor units in the Territory of Virgin Islands that
are subject to part 60, subpart Cb, of this chapter.
25. Amend table 1 of subpart FFF by adding the following five
entries in alphabetical order.

Table 1 of Subpart FFF--Municipal Waste Combustor Units (MWC Units)
Excluded From SubparT FFF¹
------------------------------------------------------------------------
State MWC units
------------------------------------------------------------------------
Alabama........................... Existing facilities with an MWC unit
capacity greater than 250 tons per
day of municipal solid waste at the
following MWC sites:
(a) Solid Waste Disposal Authority
of the City of Huntsville, Alabama.

* * * * * * *
Maine............................. Existing facilities with an MWC unit
capacity greater than 250 tons per
day of municipal solid waste at the
following MWC sites:
(a) Penobscot Energy Recovery
Company, Orrington, Maine.
(b) Maine Energy Recovery Company,
Biddeford, Maine.
(c) Regional Waste Systems, Inc.,
Portland, Maine.
------------------------------------------------------------------------
Maryland.......................... Existing MWC facilities with an MWC
unit capacity greater than 250 tons
per day of municipal solid waste.
------------------------------------------------------------------------

* * * * * * *
Oklahoma.......................... Existing MWC facilities with an MWC
unit capacity greater than 250 tons
per day of municipal solid waste at
the following MWC site:
Ogden-Martin Systems of Tulsa,
Incorporated, 2122 South Yukon
Avenue, Tulsa, Oklahoma.

* * * * * * *
Pennsylvania...................... Existing MWC facilities with an MWC
unit capacity greater than 250 tons
per day of municipal solid waste at
the following MWC site:
(a) American Ref-fuel of Delaware
Valley, LP (formerly Delaware
County Resource Recovery facility),
City of Chester, PA.
(b) Harrisburg Materials, Energy,
Recycling and Recovery Facility,
City of Harrisburg, PA.
(c) Lancaster County Solid Waste
Management Authority, Conoy
Township, Lancaster County, PA.
(d) Montenay Montgomery Limited
Partnership, Plymouth Township,
Montgomery County, PA.
(e) Wheelabrator Falls, Inc., Falls
Township, Bucks County, PA.
(f) York County Solid Waste and
Refuse Authority, York, PA.

* * * * * * *
------------------------------------------------------------------------
Notwithstanding the exclusions in table 1 of this subpart, this subpart
applies to affected facilities not regulated by an EPA-approved and
currently effective State or Tribal plan.

26. Amend table 5 of subpart FFF by revising entry number 1
``Emission limits for Hg, dioxins/furans'' to read as follows:

[[Page 33469]]

Table 5 of Subpart FFF--Generic Compliance Schedules and Increments of Progress (Post-1987 MWCs) ^a, ^b
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increment 1 Submit Increment 2 Award Increment 3 Begin on- Increment 4 Complete Increment 5 Final
Affected facilities final control plan contracts site construction on-site construction compliance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Affected facilities that commenced
construction, modification, or
reconstruction after June 26,
1987
1. Emission limits for Hg, NA^c.................. NA^c.................. NA^c.................. NA^c................. 11/12/99 or 1 year after
dioxin/furan. permit issuance ^d, ^e

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
^a Table 4 or 5 of this subpart applies to MWC units subject to the Federal plan except those with site-specific compliance schedules shown in table 6 of
this subpart.
^b As an alternative to this schedule, the unit may close by December 19, 2000, complete retrofit while closed, and achieve final compliance upon
restarting. See Secs. 62.14108(c), 62.14108(d), and 62.14109(i) of this subpart.
^c Because final compliance is achieved in 1 year, no increments of progress are required.
^d Permit issuance is issuance of a revised construction permit or revised operating permit, if a permit modification is required to retrofit controls.
^e Final compliance must be achieved no later than December 19, 2000, even if the date ``1 year after permit issuance'' exceeds December 19, 2000.

27. Amend table 6 of subpart FFF by revising the table headings,
adding a footnote ``c'' and adding a new entry at the end of the table
to read as follows:

Table 6 of Subpart FFF--Site-Specific Compliance Schedules and Increments of Progress ^a
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increment
1 Submit Increment Increment 3 Increment 4 Increment 5
Affected facilities at the following MWC sites City, State final 2 Award Begin on- Complete on- Final
control contracts site site compliance
plan construction construction ^c
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
New Hanover County, Unit 3A..................... Wilmington, North Carolina............. 09/15/99 03/01/00 07/01/00 11/19/00 12/19/00
--------------------------------------------------------------------------------------------------------------------------------------------------------
^a These schedules have been reviewed and determined to be acceptable by EPA.
^b This schedule applies to HCl, SO2, PM, Pb, Cd, CO, and NO_X. However, owners and operators of large MWC units in New Jersey have the option of
reserving the portion of their control plan that addresses NO_X. Owners and operators must submit the reserved portion to EPA by December 15, 1999.
^c The owner or operator of an affected facility that began construction, modification, or reconstruction after June 26, 1987 must achieve final
compliance with the mercury and dioxins/furans limits within 1 year after promulgation of subpart FFF (i.e., by 11/12/99) or 1 year after permit
issuance. Permit issuance is issuance of a revised construction permit or revised operating permit if a permit modification is required to retrofit
controls. Final compliance must be achieved no later than December 19, 2000, even if the date ``1 year after permit issuance'' exceeds December 19,
2000.

[FR Doc. 00-11811 Filed 5-23-00; 8:45 am]
BILLING CODE 6560-50-P

Notices For
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Federal Plan Requirements for Large Municipal Waste Combustors Constructed On or Before September 20, 1994

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