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

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[Federal Register: May 24, 2000 (Volume 65, Number 101)]
[Proposed Rules]
[Page 33504-33506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my00-24]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[AD-FRL-6603-4]
RIN 2060-ZA03


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to take action on the ``Federal Plan
Requirements for Large Municipal Waste Combustors Constructed on or
Before September 20, 1994.'' This action would 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

[[Page 33505]]

effective State plan. In a direct final rule published elsewhere in the
issue of the Federal Register, 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 part 62 of title 40 of the Code of Federal
Regulations (CFR) 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 and dioxins/furans emission limits must be
achieved by December 19, 2000. Finally, we are amending a table to add
a 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.
    In the ``Rules and Regulations'' section of the Federal Register,
we are amending part 62 as a direct final rule without prior proposal
because we view the amendments as noncontroversial and anticipate no
adverse comment. The amendments to the regulatory text appear in the
direct final rule and are not published as proposed amendments with
this proposed rule. We have explained our reasons for the amendments in
the preamble to the direct final rule. If we receive no adverse comment
on this rule, we will not take further action on this proposed rule. If
we receive adverse comment, we will withdraw the direct final rule and
it will not take effect. We will address all public comments in a
subsequent final rule based on this proposed rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.

DATES: Written comments must be received by June 23, 2000.

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, Ariel
Rios Building, 1200 Pennsylvania, NW, 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 proposal, 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.

SUPPLEMENTARY INFORMATION: This document concerns amendments to
``Federal Plan Requirements for Large Municipal Waste Combustors
Constructed on or Before September 20, 1994.'' For further information,
the detailed rationale, the administrative requirements, and the
specific amendments being made, please see the information provided in
the direct final action that is located in the ``Rules and
Regulations'' section of this Federal Register publication. We are
publishing the amendments as a direct final rule because we view the
amendments as noncontroversial and anticipate no adverse comment.
    Electronic Submittal of Comments. Comments may be submitted
electronically. Send electronic submittals to: ``A-and-R-
Docket@epamail.epa.gov''. Submit 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 these proposed emission guidelines 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 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.
    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
it was published on November 12, 1998 (63 FR 63193).

     Table 1.--EPA Regional Contacts for Municipal Waste Combustors
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          Regional contact                Phone No.          Fax No.
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John Courcier, U.S. EPA, Region I     (617) 918-1659    (617) 918-1505
 (Connecticut, Maine, Massachusetts,
 New Hampshire, Rhode Island,
 Vermont), 1 Congress Street, Suite
 1100 (CAP), Boston, MA 02114-2023.
Kirk Wieber, Argie Cirillo, Craig     (212) 637-3381    (212) 637-3901
 Flamm, U.S. EPA, Region II (New      (212) 637-3203
 Jersey, New York, Puerto Rico,       (212) 637-4021
 Virgin Islands) 290 Broadway, New
 York, NY 10007-1866.
James B. Topsale, U.S. EPA/3AP22,     (215) 814-2190    (215) 814-2114
 Region III (Delaware, District of
 Columbia, Maryland, Pennsylvania,
 Virginia, West Virginia) 1650 Arch
 Street, Philadelphia, PA 19103-2029.
Scott Davis, U.S. EPA/APTMD, Region   (404) 562-9127    (404) 562-9095
 IV (Alabama, Florida, Georgia,
 Kentucky, Mississippi, North
 Carolina, South Carolina,
 Tennessee) Sam Nunn Atlanta Federal
 Center, 61 Forsyth Street, SW,
 Atlanta, GA 30303.

[[Page 33506]]

Douglas Aburano (MN), Mark Palermo    (312) 353-6960    (312) 886-5824
 (IL, IN, OH), Charles Hatten (MI,    (312) 886-6082
 WI), U.S. EPA/AT18J, Region V        (312) 886-6031
 (Illinois, Indiana, Michigan,
 Minnesota, Ohio, Wisconsin), 77 W.
 Jackson Blvd., Chicago, IL 60604.
Mick Cote, U.S. EPA, Region VI        (214) 665-7219    (214) 665-7263
 (Arkansas, Louisiana, New Mexico,
 Oklahoma, Texas), 1445 Ross Ave.,
 Suite 1200, Dallas, TX 75202-2733.
Wayne Kaiser, U.S. EPA, Region VII    (913) 551-7603    (913) 551-7065
 (Iowa, Kansas, Missouri, Nebraska),
 726 Minnesota Ave., Kansas City, KS
 66101.
Mike Owens, U.S. EPA, Region VIII     (303) 312-6440    (303) 312-6064
 (Colorado, Montana, North Dakota,
 South Dakota, Utah, Wyoming), 999
 18th Street, Suite 500, Denver, CO
 80202-2466.
Patricia Bowlin, U.S. EPA/Air 4,      (415) 744-1188    (415) 744-1076
 Region IX (American Samoa, Arizona,
 California, Guam, Hawaii, Northern
 Mariana Islands, Nevada), 75
 Hawthorne Street, San Francisco, CA
 94105.
Catherine Woo, U.S. EPA, Region X     (206) 553-1814    (206) 553-0110
 (Alaska, Idaho, Oregon,
 Washington), 1200 Sixth Ave.,
 Seattle, WA 98101.
------------------------------------------------------------------------

Administrative Requirements

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 this action 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.
    This 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). Therefore,
pursuant to the provisions of 5 U.S.C. 605(b), EPA certifies that the
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.

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.
[FR Doc. 00-11812 Filed 5-23-00; 8:45 am]
BILLING CODE 6560-50-P

 
 

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