[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18407-18415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7899]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2006-0534; FRL-9289-6]
RIN 2060-AQ24


Standards of Performance for New Stationary Sources and Emissions 
Guidelines for Existing Sources: Hospital/Medical/Infectious Waste 
Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendments.

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SUMMARY: On October 6, 2009, EPA promulgated its response to the remand 
of the new source performance standards and emissions guidelines for 
hospital/medical/infectious waste incinerators by the U.S. Court of 
Appeals for the District of Columbia Circuit and satisfied the Clean 
Air Act section 129(a)(5) requirement to conduct

[[Page 18408]]

a review of the standards every 5 years. This action promulgates 
amendments to the new source performance standards and emissions 
guidelines, correcting inadvertent drafting errors in the nitrogen 
oxides and sulfur dioxide emissions limits for large hospital/medical/
infectious waste incinerators in the new source performance standards, 
which did not correspond to our description of our standard-setting 
process, correcting erroneous cross-references in the reporting and 
recordkeeping requirements in the new source performance standards, 
clarifying that compliance with the emission guidelines must be 
expeditious if a compliance extension is granted, correcting the 
inadvertent omission of delegation of authority provisions in the 
emission guidelines, correcting errors in the units' description for 
several emissions limits in the emission guidelines and new source 
performance standards, and removing extraneous text from the hydrogen 
chloride emissions limit for large hospital/medical/infectious waste 
incinerators in the emission guidelines.

DATES: This rule is effective as of May 4, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-HQ-OAR-2006-0534 and Legacy Docket ID Number A-91-61. All 
documents in the docket are listed in the http://www.regulations.gov 
index. Although listed in the index, some information is not publicly 
available, e.g., confidential business information or other information 
which disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically at http://www.regulations.gov or in hard copy at the EPA 
Docket Center EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC 20460. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Hambrick, Fuels and 
Incineration Group, Sector Policies and Programs Division (E143-03), 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-0964; facsimile number: (919) 541-
3470; e-mail address: hambrick.amy@epa.gov.

SUPPLEMENTARY INFORMATION: Organization of This Document. The following 
outline is provided to aid in locating information in this preamble.

I. General Information
    A. Does the final action apply to me?
    B. Where can I get a copy of this document?
    C. Judicial Review
II. Background
III. Summary of the Final Amendments
    A. Nitrogen Oxides Emissions Limit
    B. Sulfur Dioxide Emissions Limit
    C. Reporting and Recordkeeping Requirements
    D. Expeditious Compliance
    E. Delegation of Authority Provisions
    F. Units Descriptions of Emissions Limits
    G. Extraneous Text
IV. Impacts of the Final Action
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

    A red-line version of the regulatory language that incorporates the 
changes in this action is available in the docket.

I. General Information

A. Does the final action apply to me?

    Regulated Entities. Categories and entities potentially affected by 
the final action are those which operate hospital/medical/infectious 
waste incinerators (HMIWI). The new source performance standards (NSPS) 
and emissions guidelines (EG) for HMIWI affect the following categories 
of sources:

----------------------------------------------------------------------------------------------------------------
                   Category                       NAICS code       Examples of potentially regulated entities
----------------------------------------------------------------------------------------------------------------
Industry......................................          622110  Private hospitals, other health care facilities,
                                                        622310   commercial research laboratories, commercial
                                                        325411   waste disposal companies, private universities.
                                                        325412
                                                        562213
                                                        611310
Federal Government............................          622110  Federal hospitals, other health care facilities,
                                                        541710   public health service, armed services.
                                                        928110
State/local/tribal Government.................          622110  State/local hospitals, other health care
                                                        562213   facilities, state/local waste disposal
                                                        611310   services, state universities.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by the final 
action. To determine whether your facility would be affected by the 
final action, you should examine the applicability criteria in 40 CFR 
60.50c of subpart Ec. If you have any questions regarding the 
applicability of the final action to a particular entity, contact the 
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

B. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
the final action is available on the Worldwide Web through the 
Technology Transfer Network Web site (TTN Web). Following signature, 
EPA posted a copy of the final action on the TTN's policy and guidance 
page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN Web provides information and technology exchange in 
various areas of air pollution control.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA or Act), judicial 
review of

[[Page 18409]]

this final rule is available only by filing a petition for review in 
the U.S. Court of Appeals for the District of Columbia Circuit (the 
Court) by June 3, 2011. Under section 307(d)(7)(B) of the CAA, only an 
objection to this final rule that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Section 307(d)(7)(B) of the CAA also provides a 
mechanism for EPA to convene a proceeding for reconsideration, ``[i]f 
the person raising an objection can demonstrate to EPA that it was 
impracticable to raise such objection within [the period for public 
comment] or if the grounds for such objection arose after the period 
for public comment (but within the time specified for judicial review) 
and if such objection is of central relevance to the outcome of the 
rule.'' Any person seeking to make such a demonstration to us should 
submit a Petition for Reconsideration to the Office of the 
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios 
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a 
copy to the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section, and the Associate General Counsel for the Air and 
Radiation Law Office, Office of General Counsel (Mail Code 2344A), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20004. Moreover, under section 307(b)(2) of the CAA, the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.

II. Background

    On September 15, 1997, EPA adopted NSPS (40 CFR part 60, subpart 
Ec) and EG (40 CFR part 60, subpart Ce) for HMIWI under the authority 
of sections 111 and 129 of the CAA. Emissions standards were adopted 
for the nine pollutants required to be regulated under CAA section 
129--particulate matter (PM), lead (Pb), cadmium (Cd), mercury (Hg), 
chlorinated dibenzo-p-dioxins/dibenzofurans, carbon monoxide, nitrogen 
oxides (NOX), hydrogen chloride (HCl), and sulfur dioxide 
(SO2). The EPA developed emissions limits for all nine 
pollutants for three HMIWI size subcategories (large, medium, and 
small) for the NSPS and four HMIWI size subcategories (large, medium, 
small, and small rural) for the EG.
    On March 2, 1999, the Court in Sierra Club v. EPA, 167 F.3d 658 (DC 
Cir. 1999) remanded the rule to EPA for further explanation regarding 
how EPA derived the maximum achievable control technology floors for 
new and existing HMIWI. The Court did not vacate the regulations, and 
the regulations remained in effect during the remand.
    On October 6, 2009, EPA promulgated its response to the Court's 
remand of the HMIWI regulations and also satisfied its requirement 
under CAA section 129(a)(5) to conduct a 5-year review of the HMIWI 
standards. The promulgated rule revised the NSPS and EG emissions 
limits for all nine of the CAA section 129 pollutants.
    Following promulgation of the revised emissions limits, an industry 
representative informed EPA of an error in the published NSPS emissions 
limit for NOX for large HMIWI, which did not appear to 
reflect EPA's described analytical process for adopting the revised 
standards. On review, EPA staff determined that the published revised 
NOX NSPS for large HMIWI indeed did not reflect EPA's intent 
in the final rule. EPA reviewed the other published NSPS and EG 
emissions limits for similar errors, and determined that the published 
revised SO2 NSPS for large HMIWI also did not reflect EPA's 
intent in the final rule. Also after promulgation, a state agency 
representative informed EPA of an error in the published NSPS reporting 
and recordkeeping requirements, which incorrectly referred to Sec.  
60.56, instead of Sec.  60.56c, in three separate paragraphs.
    To correct these errors, EPA issued proposed amendments on May 14, 
2010, to the NSPS emissions limits for NOX and 
SO2 for large HMIWI and the NSPS reporting and recordkeeping 
provisions that have the incorrect cross-reference (75 FR 27249 (May 
14, 2010)). EPA provided a public comment period that closed on June 
28, 2010. No public comments were received on the proposed amendments 
during that period. Consequently, today's final action promulgates the 
amendments as proposed, for the reasons explained in the proposal.
    Just prior to proposal of the May 14, 2010, amendments (but too 
late to be addressed in the proposed rule), EPA staff discovered that 
the HMIWI rule should be revised to clarify that compliance with the EG 
must be expeditious if a compliance extension is granted. After 
proposal of the May 14, 2010, amendments, EPA staff also noted that 
delegation of authority provisions had been inadvertently omitted from 
the EG for existing HMIWI. A state agency later informed EPA of an 
error in the units' description for the Cd and Hg emissions limits in 
Table 1B to subpart Ec (NSPS). EPA reviewed the other emissions limits 
tables in the NSPS and EG and found similar errors in the units 
descriptions for other emissions limits. To address these errors and 
omissions, EPA is issuing additional amendments to the NSPS and EG, to 
be effective upon the effective date of this final rule specified 
above.

III. Summary of the Final Amendments

A. Nitrogen Oxides Emissions Limit

    EPA received no public comments regarding its proposed amendment to 
the NOX NSPS limit for new large HMIWI. For the reasons 
explained in the proposed rule (see 75 FR at 27251/col. 2-27252/col. 
1), today's final action amends the HMIWI NSPS to include the correct 
NOX NSPS limit of 140 parts per million by volume (ppmv) for 
new large HMIWI, which matches the final NOX EG limit and 
reflects EPA's intent in the October 6, 2009, final rule.

B. Sulfur Dioxide Emissions Limit

    EPA also received no public comments on its proposed amendment to 
the SO2 NSPS for new large HMIWI. For the reasons explained 
in the proposed rule (see 75 FR at 27252/cols. 1-2), this final action 
amends the HMIWI NSPS to include the correct SO2 limit of 
8.1 ppmv for new large HMIWI, which reflects EPA's intent in the 
October 6, 2009, final rule.

C. Reporting and Recordkeeping Requirements

    The NSPS reporting and recordkeeping requirements of the October 6, 
2009, final rule include three separate cross-references to ``Sec.  
60.56(d), (h), or (j).'' The correct cross-reference in each case 
should have been ``Sec.  60.56c(d), (h), or (j),'' consistent with the 
section numbering format for NSPS subpart Ec. EPA received no public 
comments on its proposed correction to the cross-references. This final 
action amends the HMIWI NSPS to correctly cross-reference to sections 
60.56c(d), (h), or (j).

D. Expeditious Compliance

    Section 129(f)(2) of the CAA states that performance standards and 
other requirements promulgated pursuant to this section and Section 111 
and applicable to existing solid waste incineration units shall be 
effective as expeditiously as practicable after approval of a State 
plan under subsection (b)(2) (or promulgation of a plan by the 
Administrator under subsection (b)(3)) but in no event later than 3 
years after the State plan is approved or 5 years after the date such 
standards or requirements are promulgated, whichever is earlier.

[[Page 18410]]

    Just prior to proposal of the May 14, 2010, amendments (but too 
late to be addressed in the proposed rule), EPA staff discovered that 
paragraph (d)(3) of Sec.  60.39e (compliance times) should be revised 
to clarify that compliance with the guidelines must be expeditious if a 
compliance extension is granted. We are amending the HMIWI EG to 
include this clarifying language. Specifically, we are adding the word 
``expeditious'' to Sec.  60.39e(d)(3) to state that if an extension is 
granted, require expeditious compliance with the emissions guidelines 
on or before the date 3 years after EPA approval of the State plan (but 
not later than September 16, 2002), for the emissions guidelines as 
promulgated on September 15, 1997, and on or before the date 3 years 
after EPA approval of an amended State plan (but not later than October 
6, 2014), for the emissions guidelines as amended on October 6, 2009.
    This action will ensure that compliance with the EG will be 
``expeditious,'' consistent with the requirements of CAA section 
129(f)(2).

E. Delegation of Authority Provisions

    Provisions regarding delegation of implementation and enforcement 
authorities are already present in the NSPS for new HMIWI. The NSPS 
delegation of authority provisions in the October 6, 2009, final rule 
specify that the following authorities are to be retained by the 
Administrator and not transferred to a state:
     The requirements of Sec.  60.56c(i) establishing operating 
parameters when using controls other than those listed in Sec.  
60.56c(d).
     Approval of alternative methods of demonstrating 
compliance under Sec.  60.8 including:
    [cir] Approval of continuous emissions monitoring system (CEMS) for 
PM, HCl, multi-metals, and Hg where used for purposes of demonstrating 
compliance,
    [cir] Approval of continuous automated sampling systems for dioxin/
furan and Hg where used for purposes of demonstrating compliance, and
    [cir] Approval of major alternatives to test methods;
     Approval of major alternatives to monitoring;
     Waiver of recordkeeping requirements; and
     Performance test and data reduction waivers under Sec.  
60.8(b).
    Following the May 14, 2010, proposal of amendments to the October 
6, 2009, final rule, EPA staff discovered that delegation of authority 
provisions had been inadvertently omitted from the EG. We are amending 
the HMIWI EG to include these delegations of authority provisions. 
Specifically, we are adding a paragraph to Sec.  60.32e of the EG 
stating that the authorities listed under Sec.  60.50c(i) of the NSPS 
are to be retained by the Administrator and not be transferred to a 
state. This action will ensure consistency between the NSPS and EG 
regarding the implementation and enforcement authorities and avoid any 
confusion about which authorities can be delegated and exercised by the 
states and which authorities must be retained by EPA.

F. Units Descriptions of Emissions Limits

    EPA was informed by a state agency post-proposal that the units' 
description for the Cd and Hg emissions limits in Table 1B to subpart 
Ec (NSPS) included both the concentration units and the not-promulgated 
percent reduction alternative. Table 1B to subpart Ec includes the 
amended emissions limits for new HMIWI in the October 6, 2009, final 
rule, which appropriately do not include a not-promulgated percent 
reduction alternative.
    We are amending Table 1B to subpart Ec effective immediately to 
remove the units' description for the not-promulgated percent reduction 
alternative and avoid any confusion regarding the elimination of the 
percent reduction alternative for new HMIWI in the October 6, 2009, 
final rule.
    EPA found similar errors after reviewing the other emissions limits 
tables in the NSPS and EG. First, the October 6, 2009, amendments to 
Table 1A to subpart Ce (EG) mistakenly removed the units' description 
for the previously promulgated percent reduction alternative for HCl, 
Pb, Cd, and Hg. Table 1A to subpart Ce includes the emissions limits 
from the September 15, 1997, EG, including the percent reduction 
alternative, to which existing HMIWI are subject until revised or new 
state plans are issued based on the October 6, 2009, amendments (which 
do not include the percent reduction alternative).
    Second, the October 6, 2009, amendments to Table 1A to subpart Ec 
(NSPS) mistakenly removed the units' description for the previously 
promulgated percent reduction alternative for HCl and Pb. Table 1A to 
subpart Ec includes the emissions limits from the September 15, 1997, 
NSPS, including the percent reduction alternative. Those emissions 
limits apply to HMIWI that commenced construction after June 20, 1996, 
but no later than December 1, 2008, or commenced modification after 
March 16, 1998, but no later than April 6, 2010, except where the 
emissions limits in the amended EG are more stringent.
    We are amending Table 1A to subpart Ce and Table 1A to subpart Ec 
to restore the units' description for the percent reduction alternative 
for these pollutants and avoid any confusion regarding the use of a 
percent reduction alternative for existing and new HMIWI under the 
original September 15, 1997, rule.

G. Extraneous Text

    In the course of reviewing the unit's descriptions of the emissions 
limits, we discovered that some extraneous text had been included with 
the HCl NSPS limit for new large HMIWI in Table 1A to subpart Ec. (As 
noted previously, Table 1A to subpart Ec includes the emissions limits 
from the September 15, 1997, NSPS.) We are amending Table 1A to subpart 
Ec to remove the extraneous text and thereby avoid any confusion 
regarding the HCl NSPS limit for new large HMIWI in Table 1A to subpart 
Ec.

IV. Impacts of the Final Action

    Based on the stringency of the HMIWI standards promulgated on 
October 6, 2009, sources would likely respond to the HMIWI rule by 
choosing not to construct new HMIWI and would use alternative waste 
disposal options rather than incur the costs of compliance. Considering 
this information, we do not anticipate any new HMIWI, and, therefore, 
no costs or impacts are associated with the final NSPS amendments for 
NOX and SO2 for new large units.
    However, in the unlikely event that a new unit is constructed, we 
estimated costs and impacts expected for each of three HMIWI model 
plants (large, medium, and small), which we entered into the docket for 
the October 6, 2009, promulgation. (See 2009 memoranda entitled 
``Revised Compliance Costs and Economic Inputs for New HMIWI'' and 
``Revised Baseline Emissions and Emissions Reductions for Existing and 
New HMIWI,'' which are included in the docket.) We estimated baseline 
NOX emissions of 80 ppmv and baseline SO2 
emissions of 0.84 ppmv for the large HMIWI model plant, based on the 
average NOX and SO2 emissions measured at the 
latest large HMIWI to be installed since the 1997 rule. Consequently, 
the NOX and SO2 emissions associated with the 
large HMIWI model plant are already below both the incorrect 
NOX and SO2 emissions limits of 130 ppmv and 1.6 
ppmv, respectively, promulgated in the October 6, 2009, Federal 
Register notice, and the correct NOX and SO2

[[Page 18411]]

emissions limits of 140 ppmv and 8.1 ppmv, respectively, being 
promulgated in today's action. Therefore, even if a new large unit were 
constructed, we would estimate no cost savings or negative impacts 
associated with today's final amendments to the NOX and 
SO2 emissions limits for new large HMIWI.
    None of the other amendments in today's final action change the 
requirements of the HMIWI rule, and, therefore, will not result in any 
impacts.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This final action is not a ``significant regulatory action'' under 
the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and 
is, therefore, not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This final action does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et 
seq. Burden is defined at 5 CFR 1320.3(b). This final action only 
includes revised NOX and SO2 emissions limits for 
new large HMIWI, and, as noted previously, no new HMIWI are 
anticipated. Consequently, this final action will not impose any 
additional information collection burden for new sources.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedures 
Act or any other statute unless the agency certifies that the rule will 
not have a significant economic 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 final action on small 
entities, small entity is defined as follows: (1) A small business as 
defined by the Small Business Administration's regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district, or special district with a 
population of less than 50,000; or (3) a small organization that is any 
not-for-profit enterprise that is independently owned and operated and 
is not dominant in its field.
    After considering the economic impacts of this final rule on small 
entities, I certify that this final action will not have a significant 
economic impact on a substantial number of small entities. This final 
rule will not impose any requirements on small entities. This final 
action only includes revised NOX and SO2 
emissions limits for new large HMIWI, and no new HMIWI are anticipated.

D. Unfunded Mandates Reform Act

    This action contains no federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1531-1538 
for state, local, or tribal governments, or the private sector. This 
final action imposes no enforceable duty on any state, local, or tribal 
governments, or the private sector. Therefore, this final action is not 
subject to the requirements of sections 202 or 205 of the UMRA.
    This final action is also not subject to the requirements of 
section 203 of UMRA because it contains no regulatory requirements that 
might significantly or uniquely affect small governments. Because this 
final rule's requirements apply equally to HMIWI units owned and/or 
operated by governments or HMIWI units owned and/or operated by private 
entities, there would be no requirements that uniquely apply to such 
government or impose any disproportionate impacts on them.

E. Executive Order 13132: Federalism

    This 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 final action will not 
impose substantial direct compliance costs on state or local 
governments, and will not preempt state law. Thus, Executive Order 
13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249; November 9, 2000). EPA is not aware 
of any HMIWI owned or operated by Indian tribal governments. Thus, 
Executive Order 13175 does not apply to this final action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885; April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the 
Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it is based 
solely on technology performance.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards (VCS) 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, and business practices) that are developed or 
adopted by VCS bodies. The NTTAA directs EPA to provide Congress, 
through the Office of Management and Budget, explanations when the 
Agency decides not to use available and applicable VCS.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any VCS.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice (EJ). Its main 
provision directs federal agencies, to the greatest extent practicable 
and permitted by law, to make EJ part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations, and low-income populations in the 
United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This rule amendment

[[Page 18412]]

affects only new large units, and no new units are anticipated to be 
constructed. This rule amendment does not relax the control measures on 
sources regulated by the rule will therefore not cause emissions 
increased from these sources.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act 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 Congress and to the Comptroller General 
of the United States. EPA will submit a report containing this final 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of this final rule in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2). This final rule will be effective on May 4, 2011.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: March 29, 2011.
Lisa P. Jackson,
Administrator.

    For the reasons stated in the preamble, Title 40, chapter I, part 
60 of the Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

Subpart Ce--[Amended]

0
2. Section 60.32e is amended by adding paragraph (k) to read as 
follows:


Sec.  60.32e  Designated facilities.

* * * * *
    (k) The authorities listed under Sec.  60.50c(i) shall be retained 
by the Administrator and not be transferred to a state.


0
3. Section 60.39e is amended by revising paragraph (d)(3) to read as 
follows:


Sec.  60.39e  Compliance times.

* * * * *
    (d) * * *
    (3) If an extension is granted, require expeditious compliance with 
the emissions guidelines on or before the date 3 years after EPA 
approval of the state plan (but not later than September 16, 2002), for 
the emissions guidelines as promulgated on September 15, 1997, and on 
or before the date 3 years after EPA approval of an amended state plan 
(but not later than October 6, 2014), for the emissions guidelines as 
amended on October 6, 2009.
* * * * *

0
4. Table 1A to subpart Ce is revised to read as follows:

    Table 1A to Subpart Ce of Part 60--Emissions Limits for Small, Medium, and Large HMIWI at Designated Facilities as Defined in Sec.   60.32e(a)(1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Emissions limits
                               Units (7 percent ---------------------------------------------------------------------                      Method for
          Pollutant               oxygen, dry                                 HMIWI size                               Averaging time     demonstrating
                                    basis)      ---------------------------------------------------------------------        \1\         compliance \2\
                                                         Small                  Medium                 Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter...........  Milligrams per    115 (0.05)...........  69 (0.03)............  34 (0.015)...........  3-run average (1- EPA Reference
                                dry standard                                                                           hour minimum      Method 5 of
                                cubic meter (mg/                                                                       sample time per   appendix A-3 of
                                dscm) (grains                                                                          run).             part 60, or EPA
                                per dry                                                                                                  Reference
                                standard cubic                                                                                           Method 26A or
                                foot (gr/dscf)).                                                                                         29 of appendix
                                                                                                                                         A-8 of part 60.
Carbon monoxide..............  Parts per         40...................  40...................  40...................  3-run average (1- EPA Reference
                                million by                                                                             hour minimum      Method 10 or
                                volume (ppmv).                                                                         sample time per   10B of appendix
                                                                                                                       run).             A-4 of part 60.
Dioxins/furans...............  Nanograms per     125 (55) or 2.3 (1.0)  125 (55) or 2.3 (1.0)  125 (55) or 2.3 (1.0)  3-run average (4- EPA Reference
                                dry standard                                                                           hour minimum      Method 23 of
                                cubic meter                                                                            sample time per   appendix A-7 of
                                total dioxins/                                                                         run).             part 60.
                                furans (ng/
                                dscm) (grains
                                per billion dry
                                standard cubic
                                feet (gr/10\9\
                                dscf)) or ng/
                                dscm TEQ (gr/
                                10\9\ dscf).
Hydrogen chloride............  ppmv or percent   100 or 93%...........  100 or 93%...........  100 or 93%...........  3-run average (1- EPA Reference
                                reduction.                                                                             hour minimum      Method 26 or
                                                                                                                       sample time per   26A of appendix
                                                                                                                       run).             A-8 of part 60.
Sulfur dioxide...............  ppmv............  55...................  55...................  55...................  3-run average (1- EPA Reference
                                                                                                                       hour minimum      Method 6 or 6C
                                                                                                                       sample time per   of appendix A-4
                                                                                                                       run).             of part 60.
Nitrogen oxides..............  ppmv............  250..................  250..................  250..................  3-run average (1- EPA Reference
                                                                                                                       hour minimum      Method 7 or 7E
                                                                                                                       sample time per   of appendix A-4
                                                                                                                       run).             of part 60.
Lead.........................  mg/dscm (grains   1.2 (0.52) or 70%....  1.2 (0.52) or 70%....  1.2 (0.52) or 70%....  3-run average (1- EPA Reference
                                per thousand                                                                           hour minimum      Method 29 of
                                dry standard                                                                           sample time per   appendix A-8 of
                                cubic feet (gr/                                                                        run).             part 60.
                                10\3\ dscf)) or
                                percent
                                reduction.
Cadmium......................  mg/dscm (gr/      0.16 (0.07) or 65%...  0.16 (0.07) or 65%...  0.16 (0.07) or 65%...  3-run average (1- EPA Reference
                                10\3\ dscf) or                                                                         hour minimum      Method 29 of
                                percent                                                                                sample time per   appendix A-8 of
                                reduction.                                                                             run).             part 60.

[[Page 18413]]

 
Mercury......................  mg/dscm (gr/      0.55 (0.24) or 85%...  0.55 (0.24) or 85%...  0.55 (0.24) or 85%...  3-run average (1- EPA Reference
                                10\3\ dscf) or                                                                         hour minimum      Method 29 of
                                percent                                                                                sample time per   appendix A-8 of
                                reduction.                                                                             run).             part 60.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec.   60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec.   60.56c(b).

Subpart Ec--[Amended]

0
5. Section 60.58c is amended by revising paragraphs (d)(1) through (3) 
to read as follows:


Sec.  60.58c  Reporting and recordkeeping requirements.

* * * * *
    (d) * * *
    (1) The values for the site-specific operating parameters 
established pursuant to Sec.  60.56c(d), (h), or (j), as applicable.
    (2) The highest maximum operating parameter and the lowest minimum 
operating parameter, as applicable, for each operating parameter 
recorded for the calendar year being reported, pursuant to Sec.  
60.56c(d), (h), or (j), as applicable.
    (3) The highest maximum operating parameter and the lowest minimum 
operating parameter, as applicable, for each operating parameter 
recorded pursuant to Sec.  60.56c(d), (h), or (j) for the calendar year 
preceding the year being reported, in order to provide the 
Administrator with a summary of the performance of the affected 
facility over a 2-year period.
* * * * *

0
6. Table 1A to subpart Ec is revised to read as follows:

 Table 1A to Subpart Ec of Part 60--Emissions Limits for Small, Medium, and Large HMIWI at Affected Facilities as Defined in Sec.   60.50c(a)(1) and (2)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Emissions limits
                               Units (7 percent ---------------------------------------------------------------------                      Method for
          Pollutant               oxygen, dry                                 HMIWI size                               Averaging time     demonstrating
                                    basis)      ---------------------------------------------------------------------        \1\         compliance \2\
                                                         Small                  Medium                 Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter...........  Milligrams per    69 (0.03)............  34 (0.015)...........  34 (0.015)...........  3-run average (1- EPA Reference
                                dry standard                                                                           hour minimum      Method 5 of
                                cubic meter                                                                            sample time per   appendix A-3 of
                                (grains per dry                                                                        run).             part 60, or EPA
                                standard cubic                                                                                           Reference
                                foot).                                                                                                   Method M 26A or
                                                                                                                                         29 of appendix
                                                                                                                                         A-8 of part 60.
Carbon monoxide..............  Parts per         40...................  40...................  40...................  3-run average (1- EPA Reference
                                million by                                                                             hour minimum      Method 10 or
                                volume.                                                                                sample time per   10B of appendix
                                                                                                                       run).             A-4 of part 60.
Dioxins/furans...............  Nanograms per     125 (55) or 2.3 (1.0)  25 (11) or 0.6 (0.26)  25 (11) or 0.6 (0.26)  3-run average (4- EPA Reference
                                dry standard                                                                           hour minimum      Method 23 of
                                cubic meter                                                                            sample time per   appendix A-7 of
                                total dioxins/                                                                         run).             part 60.
                                furans (grains
                                per billion dry
                                standard cubic
                                feet) or
                                nanograms per
                                dry standard
                                cubic meter TEQ
                                (grains per
                                billion dry
                                standard cubic
                                feet).
Hydrogen chloride............  Parts per         15 or 99%............  15 or 99%............  15 or 99%............  3-run average (1- EPA Reference
                                million by                                                                             hour minimum      Method 26 or
                                volume or                                                                              sample time per   26A of appendix
                                percent                                                                                run).             A-8 of part 60.
                                reduction.
Sulfur dioxide...............  Parts per         55...................  55...................  55...................  3-run average (1- EPA Reference
                                million by                                                                             hour minimum      Method 6 or 6C
                                volume.                                                                                sample time per   of appendix A-4
                                                                                                                       run).             of part 60.
Nitrogen oxides..............  Parts per         250..................  250..................  250..................  3-run average (1- EPA Reference
                                million by                                                                             hour minimum      Method 7 or 7E
                                volume.                                                                                sample time per   of appendix A-4
                                                                                                                       run).             of part 60.
Lead.........................  Milligrams per    1.2 (0.52) or 70%....  0.07 (0.03) or 98%...  0.07 (0.03) or 98%...  3-run average (1- EPA Reference
                                dry standard                                                                           hour minimum      Method 29 of
                                cubic meter                                                                            sample time per   appendix A-8 of
                                (grains per                                                                            run).             part 60.
                                thousand dry
                                standard cubic
                                feet) or
                                percent
                                reduction.
Cadmium......................  Milligrams per    0.16 (0.07) or 65%...  0.04 (0.02) or 90%...  0.04 (0.02) or 90%...  3-run average (1- EPA Reference
                                dry standard                                                                           hour minimum      Method 29 of
                                cubic meter                                                                            sample time per   appendix A-8 of
                                (grains per                                                                            run).             part 60.
                                thousand dry
                                standard cubic
                                feet) or
                                percent
                                reduction.

[[Page 18414]]

 
Mercury......................  Milligrams per    0.55 (0.24) or 85%...  0.55 (0.24) or 85%...  0.55 (0.24) or 85%...  3-run average (1- EPA Reference
                                dry standard                                                                           hour minimum      Method 29 of
                                cubic meter                                                                            sample time per   appendix A-8 of
                                (grains per                                                                            run).             part 60.
                                thousand dry
                                standard cubic
                                feet) or
                                percent
                                reduction.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec.   60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec.   60.56c(b).


0
7. Table 1B to Subpart Ec is revised to read as follows:

 Table 1B to Subpart Ec of Part 60--Emissions Limits for Small, Medium, and Large HMIWI at Affected Facilities as Defined in Sec.   60.50c(a)(3) and (4)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Emissions limits
                                   Units  (7    ---------------------------------------------------------------------                      Method for
          Pollutant             percent oxygen,                               HMIWI size                              Averaging time 1    demonstrating
                                  dry basis)    ---------------------------------------------------------------------                     compliance 2
                                                         Small                  Medium                 Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter...........  Milligrams per    66 (0.029)...........  22 (0.0095)..........  18 (0.0080)..........  3-run average (1- EPA Reference
                                dry standard                                                                           hour minimum      Method 5 of
                                cubic meter                                                                            sample time per   appendix A-3 of
                                (grains per dry                                                                        run).             part 60, or EPA
                                standard cubic                                                                                           Reference
                                foot).                                                                                                   Method M 26A or
                                                                                                                                         29 of appendix
                                                                                                                                         A-8 of part 60.
Carbon monoxide..............  Parts per         20...................  1.8..................  11...................  3-run average (1- EPA Reference
                                million by                                                                             hour minimum      Method 10 or
                                volume.                                                                                sample time per   10B of appendix
                                                                                                                       run).             A-4 of part 60.
Dioxins/furans...............  Nanograms per     16 (7.0) or 0.013      0.47 (0.21) or 0.014   9.3 (4.1) or 0.035     3-run average (4- EPA Reference
                                dry standard      (0.0057).              (0.0061).              (0.015).               hour minimum      Method 23 of
                                cubic meter                                                                            sample time per   appendix A-7 of
                                total dioxins/                                                                         run).             part 60.
                                furans (grains
                                per billion dry
                                standard cubic
                                feet) or
                                nanograms per
                                dry standard
                                cubic meter TEQ
                                (grains per
                                billion dry
                                standard cubic
                                feet).
Hydrogen chloride............  Parts per         15...................  7.7..................  5.1..................  3-run average (1- EPA Reference
                                million by                                                                             hour minimum      Method 26 or
                                volume.                                                                                sample time per   26A of appendix
                                                                                                                       run).             A-8 of part 60.
Sulfur dioxide...............  Parts per         1.4..................  1.4..................  8.1..................  3-run average (1- EPA Reference
                                million by                                                                             hour minimum      Method 6 or 6C
                                volume.                                                                                sample time per   of appendix A-4
                                                                                                                       run).             of part 60.
Nitrogen oxides..............  Parts per         67...................  67...................  140..................  3-run average (1- EPA Reference
                                million by                                                                             hour minimum      Method 7 or 7E
                                volume.                                                                                sample time per   of appendix A-4
                                                                                                                       run).             of part 60.
Lead.........................  Milligrams per    0.31 (0.14)..........  0.018 (0.0079).......  0.00069 (0.00030)....  3-run average (1- EPA Reference
                                dry standard                                                                           hour minimum      Method 29 of
                                cubic meter                                                                            sample time per   appendix A-8 of
                                (grains per                                                                            run).             part 60.
                                thousand dry
                                standard cubic
                                feet).
Cadmium......................  Milligrams per    0.017 (0.0074).......  0.0098 (0.0043)......  0.00013 (0.000057)...  3-run average (1- EPA Reference
                                dry standard                                                                           hour minimum      Method 29 of
                                cubic meter                                                                            sample time per   appendix A-8 of
                                (grains per                                                                            run).             part 60.
                                thousand dry
                                standard cubic
                                feet).
Mercury......................  Milligrams per    0.014 (0.0061).......  0.0035 (0.0015)......  0.0013 (0.00057).....  3-run average (1- EPA Reference
                                dry standard                                                                           hour minimum      Method 29 of
                                cubic meter                                                                            sample time per   appendix A-8 of
                                (grains per                                                                            run).             part 60.
                                thousand dry
                                standard cubic
                                feet).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec.   60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec.   60.56c(b).


[[Page 18415]]

[FR Doc. 2011-7899 Filed 4-1-11; 8:45 am]
BILLING CODE 6560-50-P