Federal Register: November 9, 2000 (Volume 65, Number 218)
DOCID: FR Doc 00-28710
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 63
RIN ID: RIN 2050-AE01
FRL ID: [FRL-6898-8]
ACTION: Air pollutants, hazardous; national emission standards:
DOCUMENT ACTION: Final rule; Interpretive Clarification and Technical Correction.
NESHAPS: Final Standards for Hazardous Air Pollutants for Hazardous Waste Combustors; Final Rule--Interpretive Clarification; Technical Correction
DATES: This rule is effective on November 9, 2000.
On September 30, 1999 (64 FR 52828), EPA issued a final rule promulgating revised standards for hazardous waste incinerators, hazardous waste burning cement kilns, and hazardous waste burning lightweight aggregate kilns. These standards were promulgated under joint authority of the Clean Air Act (CAA) and Resource Conservation and Recovery Act (RCRA). Sources subject to these standards have raised questions regarding the applicability of new source versus existing source standards for hazardous waste incinerators. In part one of today's rule, we clarify the original intent of our rule on these issues. In part two of today's rule, we make three technical corrections.
Hazardous waste combustors; Clarification and technical corrections,
Table of Contents
Part One: Clarifications
I. What Is the Purpose of This Section?
II. What is the Scope of the Definition of Hazardous Waste Incinerator?
III. Clarification of ``Reconstructed Sources''
Part Two: Technical Corrections
I. What Is the Purpose of This Section?
II. The Deadline for Conducting the Subsequent Comprehensive Performance Test After Using Data in Lieu of the Initial Performance Test is Corrected
III. The Confusion between Continuous Monitoring System Evaluation Plan and Evaluation Test Plan is Corrected
IV. Procedures to Begin Calculating Continuous Monitoring System
Rolling Averages is Corrected for Sources That Comply Early Part Three: Good Cause Exemption
Part Four: How is the Program Delegated Under the Clean Air Act? Part Five: Analytic and Regulatory Requirements
Part one: Clarifications
I. What Is the Purpose of This Section?
EPA promulgated emission standards for hazardous wasteburning incinerators, lightweight aggregate kilns and cement kilns on September 30, 1999. 64 FR 52828. These standards implement section 112(d) of the Clean Air Act and reflect the performance of the Maximum Available Control Technology (or MACT). The standards themselves are normally called National Emission Standards for Hazardous Air Pollutants (NESHAP).
The Hazardous Waste Combustor (HWC) NESHAP contains two sets of emission standards: One set for existing sources and a second, generally more stringent, set for new sources. Several incinerators subject to this NESHAP have requested clarification as to the applicability of new versus existing source standards in situations when existing incinerators are modified to comply with the emission standards. Specifically, these incinerators have requested clarification on two issues that affect the applicability of new versus existing source standards. First, incinerator commenters want to know if an incinerator's air pollution control device is considered to be part of the ``affected source'' for purposes of this rule. Second, these commenters want to know if the costs of replacement or retrofitting of air pollution control equipment, installed to comply with the HWC NESHAP (incurred between the proposal and source's compliance date), are to be considered as ``reconstruction'' costs in determining if new source standards apply.
After receiving these comments, we further studied the regulatory
text and determined that the definitions are either ambiguous or
contain (unintended) gaps on several points. In this rule, therefore,
we set out our interpretation of these provisions and add clarifying
language to the rules to remove ambiguity or gaps and to better express
our original intent. We note further, that these interpretations apply
to this NESHAP alone and so have no precedential value for interpreting any other NESHAP or any other Clean Air Act regulation.
II. What Is the Scope of the Definition of Hazardous Waste Incinerator?
The HWC MACT standards apply to, among other sources, ``hazardous waste incinerators.'' These are defined at 40 CFR 260.10, as (for purposes relevant here) ``any enclosed device that [u]ses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial furnace.'' This definition does not explicitly address whether air pollution control equipment and other hazardous waste burning equipment, e.g., the waste firing system, is considered to be part of the incinerator.
The relationship of this definition to the question of new source standard applicability is that, as provided in Sec. 63.1206(a)(3), ``if you commenced construction or reconstruction of your hazardous waste combustor after April 19, 1996'', the source is subject to the new source standards. If pollution control equipment is part of the incinerator, then an incinerator that began retrofitting pollution control equipment before April 19, 1996 ordinarily would not be subject to the new source standards. Conversely, if only the combustion chamber is considered to be the source, then only changes to the combustion chamber begun before April 19, 1996 would be relevant in assessing new source standard applicability.
As described by commenters, the definition of an incinerator at 40
CFR 260.10 is unclear with regard to whether the ``enclosed device''
includes the air pollution control device (APCD). In one instance, the
enclosed device can be interpreted to include only the burn chamber,
typically either a box or cylindrical configuration, into which waste
is fed and burned using controlled flame combustion. However, the
definition also can be read to include not only the burn chamber, but
also to include other parts of the device through which combustion off
gases, that can contain significant concentrations of hazardous air [[Page 67269]]
pollutants (HAPs), flow prior to release to the environment. These APCDs, of course, are also enclosed and so are part of the device preventing release of HAPs until the end of the combustion process. These gases continue to be regulated, as is the APCD itself.
In promulgating the HWC NESHAP rule, we intended that the incinerator source include not only the combustion chamber, but also the waste firing system and the APCD. The commercial purpose of an HWC is the safe treatment (destruction) of hazardous organic pollutants. In order to provide safe treatment, other HAPs may require capture, additional treatment, and disposal. For hazardous waste incinerators, we regulate, through specific operating conditions and monitoring requirements, all aspects of the source that may affect emissions of HAPs from the burning of hazardous wastes. See 64 FR at 5305553062. Because the APCD affects emissions of HAPs, e.g., dioxin/furan formation, toxic metals capture, acid gas removal, we consider the APCD integral to the treatment process, and, therefore, to the source as a whole. For example, when describing the applicability of requirements in response to comments, we say that requirements apply to ``* * * all components of the combustor, including associated pollution control equipment.'' US EPA, Response to Comments Background Document, Volume
FOR FURTHER INFORMATION CONTACT
For general information or to order paper copies of this Federal Register document, contact the RCRA Hotline Monday through Friday between 9 a.m. and 6 p.m. EST, toll free at (800) 4249346; or (703) 4129810 from Government phones or if in the Washington, DC local calling area; or (800) 5537672 for the hearing impaired. For information on this rule contact David Hockey (5302W), Office of Solid Waste, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, or at firstname.lastname@example.org, or at telephone number 7033088846.