SUMMARY OF MAJOR FEDERAL REGISTER NOTICES PUBLISHED SINCE ENACTMENT OF THE CLEAN AIR ACT AMENDMENTS OF 1990 TITLE III 56 FR 5488 February 11, 1991 40 CFR Parts 51, 52, and 60 Standards of Performance for New Stationary Sources; Municipal Waste Combustors Action: Final rule. A consent decree required the Administrator of the EPA to sign proposed standards for new municipal waste combustors (MWCs) by November 30, 1989. The standards were signed on schedule and were published in the Federal Register on December 20, 1989 (54 FR 52251). The proposed standards applied to all new MWCs. Following the proposal, EPA held various public hearings, reviewed public comments, and revised the standards as appropriate. The consent decree also required the Administrator to sign final standards by December 31, 1990. On December 27, 1990, EPA filed a request for a modification of the consent decree to extend until January 31, 1991, the deadline for issuing the final standards. The court denied that motion but extended the deadline until January 11, 1991. This action complies with that requirement. On November 15, 1990, the Clean Air Act Amendments (CAAA) of 1990 became law, and they included among other things, a new Section 129 that applies to solid waste incinerators. Section 129 applies to a range of solid waste incinerators including MWCs, medical waste incinerators, infectious waste incinerators, and industrial waste incinerators. For MWCs, Section 129 directs that the standards be broadened beyond their present form in a number of ways and specifies the schedule for revision. First, Section 129 included a savings clause authorizing EPA to issue standards under the deadlines set forth in the consent decree in State of New York et. al. v. Reilly (No. 89-1729 D.D.C.), but limits applicability of those standards to combustion units with capacities greater than 225 megagrams per day (Mg/day)(250 tons per day [tpd]). Today's action complies with the terms of the consent decree. As directed by the Statement of Managers to the CAAA of 1990, EPA has made minor changes to this rule to ensure that it is not in direct conflict with any provision of Section 129. The changes are noted below. Second, Section 129 directs the EPA to review and revise today's standards within one year, to be fully consistent with Section 129. This will result in a number of additions to or revisions of the standards being promulgated today including the addition of numerical emission limits for mercury, cadmium, and lead. Third, Section 129 directs that standards, fully consistent with Section 129, be promulgated for MWCs of less than or equal to 225 Mg/day (250 tpd) unit capacity within two years. Subsequent Federal Register notices will address these other rulemakings. The standards being promulgated today are based on the Administrator's determination that emissions from MWCs cause or contribute significantly to air pollution which may reasonably be anticipated to endanger public health or welfare. The intended effect of these standards is to require new, modified, and reconstructed MWCs to control emissions to the level achievable by the best demonstrated system of continuous emission reductions considering costs, nonair quality health and environmental impacts and energy requirements. Emission guidelines that are to be used by State agencies to develop regulations for existing MWCs are also being promulgated in a separate section of today's Federal Register. ______________________________________________________________________________ 56 FR 5514 February 11, 1991 40 CFR Part 60 Emission Guidelines; Municipal Waste Combustors Action: Final Emission Guidelines A consent decree required the Administrator of the EPA to sign proposed emission guidelines for existing municipal waste combustors (MWCs) by November 30, 1989. The guidelines were signed on schedule and were published in the Federal Register on December 20, 1989. The proposed guidelines applied to both small and large existing MWCs. Following the proposal, EPA held various public hearings, reviewed public comments, and revised the guidelines as appropriate. The consent decree also required the Administrator to sign final emission guidelines by December 31, 1990. On December 27, 1990, EPA filed a request for a modification of the consent decree to extend until January 31, 1991, the deadline for issuing the guidelines. The court denied that motion but extended the deadline until January 11, 1991. This action complies with that requirement. On November 15, 1990, the Clean Air Act Amendments (CAAA) of 1990 became law, and they included among other things, a new Section 129 that applies to solid waste incinerators. Section 129 applies to a range of solid waste incinerators including MWCs, medical waste incinerators, infectious waste incinerators, and industrial waste incinerators. For MWCs, Section 129 directs that the standards be broadened beyond their present form in a number of ways and specifies the schedule for revision. First, Section 129 included a savings clause authorizing EPA to issue guidelines under the deadlines set forth in the consent decree in State of New York v. Reilly (No. 89-1729 D.D.C.), but limits applicability of these guidelines to combustors with unit capacities greater than 225 megagrams per day (Mg/day)(250 tons per day [tpd]). Today's action complies with the terms of the consent decree as modified. Second, Section 129 directs the EPA to review and revise today's guidelines within one year, to be fully consistent with Section 129. This will result in a number of additions to or revisions of the guidelines being promulgated today including the addition of numerical emission limits for mercury, cadmium, and lead. Third, Section 129 directs that guidelines, fully consistent with Section 129, be promulgated for MWCs of less than or equal to 225 Mg/day (250 tpd) unit capacity within two years. Subsequent Federal Register notices will address these other rulemakings. The guidelines being promulgated today are based on the Administrator's determination that emissions from MWCs cause, or contribute significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare. The intended effect of these guidelines is to initiate State regulations controlling MWC emissions from existing MWCs to the level achievable by the best demonstrated system of continuous emission reduction, considering costs, nonair quality health, and environmental and energy impacts. New source performance standards (NSPS) applicable to new MWCs are also being promulgated in a separate section of today's Federal Register. ______________________________________________________________________ 56 FR 27338 June 13, 1991 40 CFR Part 63 (MACT Standard) National Emission Standards for Hazardous Air Pollutants for Source Categories: Proposed Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants Action: Proposed rule. The proposed rule would implement the provisions in Section 112(i)(5) of the Clean Air Act (CAA) as amended in 1990. Those provisions allow an existing source to obtain a six-year extension of compliance with an emission standard promulgated pursuant to Section 112(d) of the CAA if the source has achieved an emission reduction of 90 percent or more of hazardous air pollutants (95 percent or more for particulates) by certain dates specified in the CAA. If the source is granted a compliance extension, an alternative emission limitation would be established by permit to ensure continued achievement of the emission reduction. The intended effect of the proposed rule is to establish requirements and procedures for source owners and operators to follow in order to obtain compliance extensions and for reviewing agencies to follow in evaluating requests for extensions. ______________________________________________________________________________ 56 FR 28548 June 21, 1991 Preliminary Draft List of Categories and Subcategories Under Section 112 of the Clean Air Act Action: Notice of availability of preliminary draft list of categories and subcategories and request for information. This notice announces the availability of a preliminary draft of the list of categories and subcategories required under Section 112(c) of the Clean Air Act (CAA) as amended in 1990. The CAA requires that "a list of all categories and subcategories" (hereafter collectively referred to as categories) "of major sources and area sources" (listed under Section 112(c)(3)) of hazardous air pollutants (HAPs) be published within one year of enactment of the CAA Amendments of 1990. This notice provides the public with an opportunity to comment on the preliminary draft list of categories prior to the publication of the final list (scheduled to be published in November of 1991). Facilities within these categories of sources are potentially subject to emissions standards under Section 112 of the CAA. The schedule for promulgation of these standards will be published within two years of enactment of the CAA Amendments of 1990. The identification of categories and subcategories of major sources in this preliminary draft listing has no bearing on whether a particular facility or grouping is a "source" for purposes of the early reductions program under Section 112(i)(5), or a "major source" for purposes of Section 112(a)(1). The term "major source" is defined under Section 112(a)(1) in such a way that it refers to the emissions occurring from a contiguous area under common control. By contrast, EPA must identify "categories and subcategories" of major and area source generically for the purposes of today's preliminary draft list and standard setting under Section 112(d). In most cases, this identification will be made as product or process oriented groupings which will not affect the definition of "source" for purposes of either the early reductions under Section 112(i)(5) or the definition of a "major source" under Section 112(a)(1). The definition of source in the early reduction program is described in Section II.B. of the Proposed Regulations Governing Compliance Extensions for Early Reduction of Hazardous Air Pollutants (June 13, 1991, 56 FR 27338). Today's draft list is not the final list that EPA will use as the basis for publishing the scheduling for promulgation of emission standards in November 1992. The publication of a list of categories of major sources and area sources enables potentially affected sources, the public, and regulatory agencies to understand the scope of the HAP control program. Through this notice, the EPA solicits comment on the preliminary draft list of categories of major and area sources subject to standards. The EPA also solicits comment on the procedures used to develop this list and alternative interpretations of the subject legislation. ______________________________________________________________________________ 56 FR 64382 December 9, 1991 40 CFR Part 60 Standards of Performance for New Stationary Sources; Perchloroethylene Dry Cleaners Action: Proposed rule; Withdrawal. The proposed new source performance standards (NSPS) for limiting emissions of volatile organic compounds (VOC) from new, modified, and reconstructed perchloroethylene (perc) dry cleaners published in the Federal Register on November 25, 1980 (45 FR 78174) is being withdrawn. The proposed standards implemented Section 111 of the Clean Air Act (CAA) and were based on the Administrator's determination that perc dry cleaners contribute significantly to air pollution that may reasonably be anticipated to endanger public health or welfare. The intent of this notice is to notify owners and operators of dry cleaning facilities that EPA's proposal to regulate the proposed NSPS under Section 111 of the CAA is being withdrawn and that dry cleaning facilities will be regulated instead under Section 112 of the Clean Air Act Amendments of 1990. The notice of proposed rulemaking under Section 112 is published elsewhere in today's Federal Register. ----------------------------------------------------------------------- 57 FR 31576 July 16, 1992 Initial List of Categories of Sources Under Section 112(c)(1) of the Clean Air Act Amendments of 1990 Action: Notice of initial list of categories of major and area sources. This notice publishes an initial list of categories of major and area sources of hazardous air pollutants (HAP's), as required under Section 112(c)(1) of the Clean Air Act (CAA) as amended in 1990. The statute requires the Agency to promulgate regulations, over the 10 years following amendment of the CAA, establishing emission standards for each listed category of major sources and area sources. Today's list does not constitute completion of the listing requirements under Section 112(c)(3), pursuant to the area source program under Section 112(k)(3)(B), or the listing requirements under Section 112(c)(6), relating to sources of specific pollutants. Today's notice does not contain guidance or procedures for filing petitions to delete listed categories of sources, as allowed under Section 112(c)(9)(B). Moreover, because of uncertainties in the available data bases concerning sources and emissions of HAP's, all categories of major and area sources meeting the listing criteria in Section 112(c)(1) may not be included on today's list. In addition, all categories of sources may not be disaggregated to the extent necessary eventually for the establishment of emission standards. Descriptions of the categories on today's list are included in the docket, to identify industry sectors, processes and equipment that may constitute each listed category. The Agency considers the listing of categories of sources under Section 112(c)(1) to be an ongoing process. Under Section 112(c)(1), the Agency is obligated to revise the list if appropriate, in response to public comment or new information, from "time to time, but no less often than every 8 years." The Agency intends to maintain the list as part of the regulatory development process of establishing emission standards and may revise the list on the basis of deletion determinations as part of the source category deletion process to be defined in a later FEDERAL REGISTER notice. ______________________________________________________________________ 57 FR 44147 September 24, 1992 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants: Notice of Availability: Draft Schedule for the Promulgation of Emission Standards ACTION: Notice of availability. This notice announces the availability for comment of a draft schedule for the promulgation of emission standards as required under Section 112(e) of the Clean Air Act (CAA), as amended in 1990. Section 112(e) requires that EPA publish a schedule for promulgating emission standards for those categories of sources emitting hazardous air pollutants (HAP's) listed under Section 112(c). The CAA directs the EPA to publish the final schedule by November 15, 1992, after opportunity for public comment. This notice provides the public with an opportunity to comment on the draft schedule prior to publication of the final schedule. Sources within the listed categories of sources will be subject to emission standards developed in accordance with the final schedule. In the event an applicable standard is not promulgated on schedule for a listed category of sources, the owner or operator of a source in such category may be subject to emission limitations determined on a case-by-case basis, pursuant to Section 112(j). Emission limitations established pursuant to Section 112(j) are required to be equivalent to the limitations that would apply if emission standards had been promulgated according to the schedule. ______________________________________________________________________ 57 FR 45363 October 1, 1992 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Emissions from Dry Cleaning Facilities Action: Notice of availability of new information on control of perchloroethylene (PCE) emissions during clothing transfer at dry cleaning facilities which use transfer dry cleaning machines. National emission standards for hazardous air pollutants (NESHAP) for PCE dry cleaning facilities were proposed in the FEDERAL REGISTER on December 9, 1991 (56 FR 64382). This notice announces the availability of new information on control of PCE emissions during clothing transfer at dry cleaning facilities which use transfer machines. This notice solicits public review of this information and public comment on the use of this information in developing NESHAP limiting PCE emissions from dry cleaning facilities. ______________________________________________________________________ 57 FR 57534 December 4, 1992 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants for Source Categories; Coke Oven Batteries Action: Proposed rule and notice of public hearing. The proposed standards would establish visible emission limitations, equipment and performance standards, and work practice requirements for new and existing coke oven batteries. Test Methods 303 and 303A for the determination of visible emissions from by-product and nonrecovery coke oven batteries also are proposed for addition to the regulations. The proposed national emission standards for hazardous air pollutants (NESHAP) implement section 112 of the Clean Air Act as amended, which requires the Administrator to regulate emissions of hazardous air pollutants listed in section 112(b) of the Act, one of which is coke oven emissions. The proposed standards also implement section 112(d)(8) of the Act, which contains provisions specific to the regulation of coke oven emissions. ______________________________________________________________________ 57 FR 61970 December 29, 1992 40 CFR PART 63 National Emission Standards for Hazardous Air Pollutants: Compliance Extensions For Early Reductions Action: Final Rule. Regulations governing compliance extensions for early reductions of hazardous air pollutants (HAP's) were proposed in the FEDERAL REGISTER on June 13, 1991 (56 FR 27338). This action promulgates these regulations and implements the provisions of section 112(i)(5) of the Clean Air Act (CAA) (as amended in 1990). This rule establishes requirements and procedures for source owners or operators to obtain compliance extensions from section 112(d) standards and for reviewing agencies to follow in evaluating requests for extensions. ______________________________________________________________________ 57 FR 62608 December 31, 1992 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants for Source Categories: Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry and Seven Other Processes ACTION: Proposed rule and notice of public hearing. The EPA is proposing to regulate the emissions of certain organic hazardous air pollutants from the synthetic organic chemical manufacturing industry (SOCMI) production processes which are part of major sources under Section 112 of the Clean Air Act as amended in 1990 (the Act). The proposed rule, referred to as the hazardous organic NESHAP or the HON, would require sources to achieve emission limits reflecting the application of the maximum achievable control technology consistent with Section 112(d) of the Act. The proposed rule would reduce the emissions of 149 of the organic chemicals identified in the Act's list of 189 hazardous air pollutants at both new and existing SOCMI sources and from equipment leaks at sources in the following processes: styrene/butadiene rubber production; polybutadiene production; chlorine production; pesticide production; chlorinated hydrocarbon use; pharmaceutical production; and miscellaneous butadiene use. The EPA is also proposing Methods 304 and 305 with the standard. These methods can be used to demonstrate compliance with control requirements for wastewater streams. A public hearing will be held, if requested, to provide interested persons with an opportunity for oral presentation of data, views, or arguments concerning the proposed rule. ______________________________________________________________________ 58 FR 3072 January 7, 1993 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants: Benzene Waste Operations Action: Notice of final rule. EPA is clarifying widely misunderstood provisions to the national emission standards for hazardous air pollutants (NESHAPS) for benzene emissions from benzene waste operations, subpart FF to 40 CFR Part 61. Sources affected by Subpart FF include chemical manufacturing plants, coke by-product recovery plants, petroleum refineries, and facilities at which waste management units are used to treat, store, or dispose of waste generated by chemical manufacturing plants, coke by-product recovery plants, or petroleum refineries. The final amendments clarify points on which there has been confusion and provide additional options for compliance that give owners and operators increased flexibility in meeting the requirements of the rule while still meeting the NESHAP goals for health risk protection. ______________________________________________________________________ 58 FR 13174 March 9, 1993 40 CFR Part 68 List of Regulated Substances and Thresholds for Accidental Release Prevention; Requirements for Petitions under Section 112(r) of the Clean Air Act as Amended Action: Proposed rule. The Clean Air Act Amendments of 1990, signed into law on November 15, 1990, include provisions for chemical accident prevention. The Environmental Protection Agency is proposing a list of regulated substances and threshold quantities as required under section 112(r) of the Clean Air Act as amended. The list is composed of three distinct categories: list of 100 toxic substances, list of 62 flammable substances (gases and volatile liquids), and commercial explosives as defined by the Department of Transportation (DOT) in Division 1.1 (explosives with mass explosion hazard); individual explosives are not included. The list and threshold quantities will determine the need for owners and operators of facilities to comply with future regulations addressing the prevention and detection of accidental releases to be proposed later. EPA is also publishing the requirements for the petition process that will be used to add or delete chemicals from the final list. ----------------------------------------------------------------------- 58 FR 29296 May 19, 1993 40 CFR Part 63 Subpart E Approval of State Programs and Delegation of Federal Authorities Action: Proposed Rule. The EPA is proposing a new subpart E of part 63 of chapter I of title 40 of the Code of Federal Regulations (CFR). This subpart will provide guidance, relating to approval of State programs, that EPA is required to publish under section 112(l) of the Clean Air Act Amendments (CAA) of 1990. Section 112(l)(2) of the CAA requires EPA to publish guidance useful to States in developing programs for implementing and enforcing emission standards and other requirements for hazardous air pollutants (HAP's) and guidance concerning requirements for the prevention and mitigation of accidental releases of toxic substances into the ambient air. The proposed rule in today's notice contains guidance specifically relating to the approval of rules or programs that States can implement and enforce in place of certain Federal section 112 rules, and the delegation of Federal authorities and responsibilities associated therewith. Submission of such rules or programs by the States is entirely voluntary. Approval of State rules or programs under today's proposed rule requires an EPA determination that the State rules or programs meet specific criteria. The most important of these criteria is that the approved State rules or programs will not result in emission standards or accidental release prevention requirements less stringent than any otherwise applicable Federal rules under section 112. Under today's proposed rule, State rules can be approved that involve specific adjustments to specific Federal section 112 rules or that involve significant changes in the form or structure of specific Federal section 112 rules. In addition, State programs can be approved which replace a number of Federal section 112 emission standards if such programs include a legally binding commitment to reflect certain conditions in the 40 CFR part 70 operating permits for each affected source or emission point. Under today's proposed rule, States may exercise none, some or all of these approval options. Any program submitted by a State under today's proposed rule may provide for partial or complete delegation of EPA's authorities and responsibilities under section 112 to implement and enforce emission standards and accidental release prevention requirements. Once granted approval, State rules and 40 CFR part 70 operating permit conditions resulting from approved State programs would be Federally enforceable and replace the otherwise applicable Federal requirements within a State or local jurisdiction. EPA approval of State rules and programs may be withdrawn for specific reasons cited in today's proposed rule, after which the Federal rules once again become the applicable requirements. Section 112(l) requires EPA to publish guidance for States regarding the implementation and enforcement of section 112(r), including the registration of facilities subject to these requirements. Today's proposed rule completes this requirement, however, EPA intends to publish further program specific guidance addressing the development of State accident release prevention (ARP) programs. The criteria set out in today's proposed rule would provide guidance to States on the minimum program elements needed to ensure that a State program can adequately implement and enforce section 112(r). These minima apply both to approval under this subpart and to delegation that does not include any changes to the Federal program. Section 112(l) also requires EPA to publish guidance providing for additional related programs: to review high-risk point sources; to establish and to maintain various technical assistance activities, including an air toxics clearinghouse; to establish a grant mechanism for the purpose of assisting States in developing and implementing air toxics programs. These additional requirements will be addressed in future notices. Under the proposed regulation, if a State request satisfies certain criteria, the Administrator will approve the State rule or program and thereby delegate authority to implement and enforce that rule or program in lieu of the otherwise applicable Federal requirements. If a State wishes only to implement and enforce section 112 requirements exactly as promulgated by the Administrator, approval of the State's operating permit program under 40 CFR part 70 will suffice to satisfy the approval criteria of section 112(l)(5) for delegation of Federal requirements without changes under section 112. Therefore, nothing in today's proposed rule imposes any approval requirements on a State that will implement and enforce all applicable section 112 provisions without changes. Only States seeking to implement and enforce some provisions of their own air toxics programs in lieu of rules resulting from the Federal program under section 112 need to obtain approval under today's proposed rule. Note that States seeking to implement and enforce accidental release prevention programs that include sources not permitted under 40 CFR part 70 may need to make an additional demonstration to satisfy the criteria of section 112(l)(5). ----------------------------------------------------------------------- 40 CFR Parts 60, 61, and 63 National Emission Standards for Hazardous Air Pollutants for Source Categories: General Provisions Action: Proposed rule and opportunity for public hearing. This action proposes general provisions for national emission standards for hazardous air pollutants (NESHAP) and other regulatory requirements pursuant to section 112 of the Clean Air Act (Act) as amended November 15, 1990. The general provisions, located in subpart A of part 63 of title 40 of the Code of Federal Regulations, codify procedures and criteria to implement emission standards for stationary sources that emit (or have the potential to emit) one or more of the 189 substances listed as hazardous air pollutants (HAP) in section 112(b) of the Act. The general provisions eliminate the need to repeat general information and requirements within these standards. This action also proposes amendments to subpart A of parts 60 and 61 of title 40 of the Code of Federal Regulations to bring them up to date with the amended Act and, where appropriate, to make them consistent with requirements in subpart A of part 63. ----------------------------------------------------------------------- 58 FR 37778 July 13, 1993 40 CFR Part 63 Hazardous Air Pollution: Proposed Regulations Governing Equivalent Emission Limitations by Permit Action: Proposed Rule The proposed rule would implement section 112(j) of the Clean Air Act (as amended in 1990) ("the Act"). Section 112(j) applies to the owner or operator of a major source of hazardous air pollutant(s) (HAP's) in a source category for which the EPA was scheduled to, but failed to promulgate a maximum achievable control technology (MACT) standard under 112(d) or 112(h) of the Act. Section 112(j) requirements apply to major sources in a source category 18 months after a date listed in the source category schedule for standards. After the effective date of a Title V permit program in a State (but not before May 15, 1994), each owner or operator of a major source in such a source category would be required to submit an application for a permit, permit revision, or permit renewal containing case-by-case MACT emission limits that are at least as stringent as the Federal MACT standard would have been. The proposed rule establishes requirements and procedures for the owners or operators to follow in order to comply with section 112(j). The proposed rule also contains guidance for reviewing agencies in implementing section 112(j), to maintain consistency in these reviews. ______________________________________________________________________ 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities Action: Final Rule. National emission standards for hazardous air pollutants (NESHAP) for perchloroethylene (PCE) dry cleaning facilities were proposed in the Federal Register on December 9, 1991 (56 FR 64382). A notice of availability of new information on control of PCE emissions during clothing transfer at dry cleaning facilities that use transfer dry cleaning machines was published on October 1, 1992 (57 FR 45363). This action promulgates national emission standards for PCE dry cleaning facilities. These standards implement section 112 of the Clean Air Act (Act) and are based on the Administrator's determination that PCE is a hazardous air pollutant (HAP) and that emissions, ambient concentrations, bioaccumulation, or deposition of PCE are known to cause or may reasonably be anticipated to cause adverse effects to human health or the environment. The intended effect of this NESHAP is to require all new and existing major source dry cleaning facilities (emitting or with the potential to emit greater than 9.1 megagrams (Mg) [10 tons] per year of PCE) to control emissions to the level of the maximum achievable control technology (MACT), as specified in section 112 of the Act. The intended effect of this NESHAP is also to require all new and existing area source dry cleaning facilities (emitting or with the potential to emit 9.1 Mg [10 tons] per year or less of PCE) to control PCE emissions to the level achieved by generally available control technologies (GACT) or management practices.