
[Federal Register: April 8, 2008 (Volume 73, Number 68)]
[Rules and Regulations]               
[Page 18970-18984]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ap08-13]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 63, 264 and 266

[EPA-HQ-OAR-2004-0022; FRL-8549-4]
RIN 2050-AG35

 
NESHAP: National Emission Standards for Hazardous Air Pollutants: 
Standards for Hazardous Waste Combustors; Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing amendments to the national emission 
standards for hazardous air pollutants (NESHAP) for hazardous waste 
combustors, which

[[Page 18971]]

EPA promulgated on October 12, 2005. The amendments to the October 2005 
final rule clarify several compliance and monitoring provisions, and 
also correct several omissions and typographical errors in the final 
rule. We are finalizing the amendments to facilitate compliance and 
improve understanding of the final rule requirements. This rule does 
not address issues for which petitioners sought reconsideration. Nor 
does it address issues raised in EPA's comment solicitation of 
September 27, 2007.

DATES: The final rule is effective on April 8, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2004-0022. All documents in the docket are listed on 
http://www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information or other information the disclosure of which is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the HQ EPA Docket Center, Docket ID No. EPA-HQ-OAR-2004-0022, EPA West 
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004. 
This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The HQ EPA Docket Center 
telephone number is (202) 566-1742. 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. A reasonable fee may be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: For more information on this 
rulemaking, contact Frank Behan at (703) 308-8476, or 
behan.frank@epa.gov, Office of Solid Waste (MC: 5302P), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.

SUPPLEMENTARY INFORMATION: 
    Entities Potentially Affected by This Rule. Categories and entities 
potentially affected by this rule include:

------------------------------------------------------------------------
                                                         Potentially
             Category               NAICS code \a\    affected entities
------------------------------------------------------------------------
Petroleum and coal products                     324  Any entity that
 manufacturing.                                 325   combusts hazardous
Chemical manufacturing...........                     waste as defined
                                                      in the final rule.
Cement and concrete product                    3273  ...................
 manufacturing.
Other nonmetallic mineral product              3279  ...................
 manufacturing.
Waste treatment and disposal.....              5622  ...................
Remediation and other waste                    5629  ...................
 management services.
------------------------------------------------------------------------
\a\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be impacted by this 
rule. This table lists examples of the types of entities EPA is now 
aware could potentially be regulated by this action. Other types of 
entities not listed could also be affected. To determine whether your 
facility, company, business, organization, etc., is affected by this 
rule, you should examine the applicability criteria in 40 CFR 63.1200. 
If you have any questions regarding the applicability of this action to 
a particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    How Do I Obtain a Copy of This Document and Other Related 
Information? In addition to being available in the docket, an 
electronic copy of today's rule will also be available on the on the 
World Wide Web. Following the Administrator's signature, a copy of this 
document may be posted at http://www.epa.gov/hwcmact. This Web site 
also provides other information related to the NESHAP for hazardous 
waste combustors including the NESHAP issued on October 12, 2005 (70 FR 
59402).
    Judicial Review. Under section 307(b)(1) of the Clean Air Act, 
judicial review of the final action is available only by filing a 
petition for review in the United States Court of Appeals for the 
District of Columbia Circuit by June 9, 2008. Section 307(d)(7)(B) of 
the CAA provides that ``[o]nly an objection to a rule or procedure 
which was raised with reasonable specificity during the period for 
public comment (including any public hearing) may be raised during 
judicial review.'' This section also provides a mechanism for us to 
convene a proceeding for reconsideration, ``[i]f the person raising an 
objection can demonstrate to the 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, U.S. EPA, Room 
3000, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 
20460, with a copy to both 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), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 
20004. Moreover, under section 307(b)(2) of the CAA, the requirements 
established by the final action may not be challenged separately in any 
civil or criminal proceedings brought by EPA to enforce these 
requirements.
    Organization of This Document. The information presented in this 
preamble is organized as follows:

I. Background
    A. What Is the Source of Authority for the Development of 
NESHAP?
    B. How Did the Public Participate in Developing the Amendments 
to the Final Rule?
II. Summary of the Final Amendments
    A. Proposed Amendments for Which No Adverse Comments Were 
Received
    B. Proposed Amendments for Which Comments Were Received
    1. Calculating Rolling Averages
    2. Expressing Particulate Matter Standards Using the 
International System of Units
    3. Corrections to the Notice of Intent To Comply (NIC) 
Provisions for New Units
    C. Corrections to the Startup, Shutdown, and Malfunction Plan 
Provisions
    D. Time Lines
III. Impacts of the Final Rule
    A. What facilities are affected by the final amendments?
    B. What are the impacts of the final rule?
IV. 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

[[Page 18972]]

    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations 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

I. Background

A. What Is the Source of Authority for the Development of NESHAP?

    Section 112(c) of the Clean Air Act requires EPA to list categories 
and subcategories of major sources and area sources of hazardous air 
pollutants (HAP) and to establish NESHAP for the listed source 
categories and subcategories. Hazardous waste combustors include 
incinerators, cement kilns, lightweight aggregate kilns, boilers, and 
hydrochloric acid production furnaces that burn hazardous waste. EPA's 
initial list of categories of major and area sources of HAP was 
published on July 16, 1992 (57 FR 31576). Hazardous waste incinerators, 
Portland cement manufacturing, clay products manufacturing (including 
lightweight aggregate kilns), industrial/commercial/institutional 
boilers and process heaters, and hydrochloric acid production furnaces 
were among the listed categories of sources. Major sources of HAP are 
those sources that have the potential to emit at least 10 tons per year 
of any one HAP or 25 tons per year of any combination of HAP.

B. How Did the Public Participate in Developing the Amendments to the 
Final Rule?

    The final rule was published on October 12, 2005 (70 FR 59402) and 
codified in 40 CFR part 63, subpart EEE. Following publication of the 
final rule, two industry trade associations identified a number of 
typographical errors and suggested several potential compliance and 
monitoring amendments and clarifications to the rule.\1\ On September 
6, 2006, we published proposed amendments (71 FR at 52639) to address 
these issues and sought public comment on the proposed amendments.\2\ 
EPA received comments from five entities. Today's action presents EPA's 
responses to those comments and promulgates amendments to Subpart EEE 
of 40 CFR part 63.
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    \1\ See docket items EPA-HQ-OAR-2004-0022-0551 and 0552.
    \2\ In addition to soliciting comment on the rule amendments 
discussed in this action, EPA also requested comment on other issues 
in the September 6, 2006 proposed rule. The other issues related to 
our response to four petitions for reconsideration that were 
submitted to the Administrator pursuant to section 307(d)(7)(B) of 
the Clean Air Act. EPA's final response to the petitions for 
reconsideration is not included in today's action. See Sections II, 
III, and IV of the September 2006 notice for additional information 
on the reconsideration proceedings. Nor does this final rule address 
any of the issues raised by EPA's solicitation of comment published 
on September 27, 2007 (72 FR 54875).
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II. Summary of the Final Amendments

    In today's notice, we are announcing our final action on several 
amendments to Subpart EEE of 40 CFR part 63. The amendments revise 
several compliance and monitoring provisions in response to questions 
and issues raised by entities affected by the rule. The revised 
provisions are effective immediately, and today's final rule does not 
change the October 14, 2008 compliance date established by the October 
12, 2005 final rule. See also Section III (Time Lines for compliance 
activities) in today's action. Sources can readily comply with the 
revised provisions promulgated today within the compliance time frames 
established by the October 12, 2005 final rule. See Sec.  63.1206(a).

 A. Proposed Amendments for Which No Adverse Comments Were Received

    In the September 6, 2006 proposal, we proposed several corrections 
and clarifications to the NESHAP for hazardous waste combustors. 71 FR 
at 52639-642, 52645-646. We received no adverse comments on the 
majority of the corrections and clarifications (see Table 1 below). 
Therefore, we are promulgating those provisions, as proposed, without 
further discussion.\3\ The reader is referred to the September 2006 
proposed rule for background on these changes.
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    \3\ Please note, however, that we have revised proposed Sec.  
63.1207(d)(2), which prescribes the schedule for confirmatory 
performance testing, to conform with existing Sec.  63.1207(b)(3) to 
clarify further that confirmatory performance testing is not 
required for sources that are not subject to a numerical D/F 
emission standard: solid fuel boilers and hydrochloric acid 
production furnaces; lightweight aggregate kilns that are not 
subject to a numerical dioxin/furan emission standard under Sec.  
63.1221; and liquid fuel boilers that are not subject to a numerical 
dioxin/furan emission standard under Sec.  63.1217.

   Table 1.--Summary of Amendments for Which No Adverse Comments Were
                                Received
------------------------------------------------------------------------
    Preamble section in                                Code of Federal
  September 2006  proposed    Subject of proposed      Register (CFR)
            rule                   amendment         section(s) amended
------------------------------------------------------------------------
V.A........................  Sunset Provision for   63.1203(e),
                              the Interim            63.1204(i),
                              Standards.             63.1205(e).
V.B........................  Operating Parameter    63.1206(c)(9).
                              Limits for Sources
                              with Fabric Filters.
V.C........................  Confirmatory           63.1207(b)(3)(vi).
                              Performance Testing
                              Not Required for
                              Sources That Are Not
                              Subject to a
                              Numerical Dioxin/
                              Furan Emission
                              Standard.
V.D........................  Periodic Performance   63.1207(d).
                              Test for Phase I
                              Sources.
V.E........................  Performance Test       63.1207(m).
                              Waiver for Sources
                              Subject to Hazardous
                              Waste Thermal
                              Concentration Limits.
V.F........................  Averaging Method When  63.1209(n)(2)(iii).
                              Calculating 12-Hour
                              Rolling Average
                              Thermal
                              Concentration Limits.
V.I........................  Timing of the          63.1215(h)(2)(i).
                              Periodic Review of
                              Eligibility for the
                              Health-Based
                              Compliance
                              Alternatives for
                              Total Chlorine.
V.K........................  Mercury Standards for  63.1220(a)(2) and
                              Cement Kilns.          (b)(2),
                                                     63.1209(l)(1)(iii).
V.L........................  Facilities Operating   None. Interpretation
                              Under RCRA Interim     of existing
                              Status.                regulations (see 71
                                                     FR at 52642).
VII.A......................  Miscellaneous          63.1206(a)(2)
                              Typographical Errors.  heading,
                                                     63.1206(a)(2)(ii)(A
                                                     ), 63.1206(b)(16),
                                                     63.1210(b),
                                                     63.1215(a)(2),
                                                     63.1215(b)(2),
                                                     63.1215(b)(3),
                                                     63.1215(b)(6)(ii)(C
                                                     ),
                                                     63.1215(f)(5)(ii)(A
                                                     ),
                                                     63.1217(a)(6)(ii),
                                                     63.1217(b)(6)(ii).

[[Page 18973]]


VII.B......................  Citation Corrections.  63.1206(b)(14)(iv),
                                                     63.1207(g)(2)(i)
                                                     and (ii),
                                                     63.1209(n)(2)(vii),
                                                     63.1215(a)(1)(i),
                                                     264.340(b),
                                                     266.100(b)(3).
VII.C......................  Corrections to the     63.1212(b)(1) and
                              NIC Provisions for     (b)(3).
                              New Units.
VII.D......................  Clarification of the   None. Interpretation
                              Applicability of       of existing
                              Title V Permit         regulations (see 71
                              Requirements to        FR at 52646).
                              Phase 2 Area Sources.
------------------------------------------------------------------------

    We also received no adverse comment on the proposed amendments 
described in Section V.G (Calculating Rolling Averages for Averaging 
Periods in Excess of 12 Hours) of the September 6, 2006 preamble 
citation. That discussion described our intent to simplify the 
monitoring requirements for sources that select mercury or semivolatile 
metal feedrate limits averaged over periods greater than 12 hours. As 
described in the preamble, this would require identical changes to four 
paragraphs of the regulation: Sec. Sec.  63.1209(n)(2)(v)(A)(2)(iv), 
63.1209(n)(2)(v)(A)(3)(v), 63.1209(l)(1)(ii)(B)(5), and 
63.1209(l)(1)(ii)(C)(5). However, corresponding regulatory changes to 
the latter three paragraphs were inadvertently omitted from the 
September 2006 proposed rule. In today's rule, we are correcting this 
oversight by promulgating the language proposed for Sec.  
63.1209(n)(2)(v)(A)(2)(iv) in all four paragraphs.

B. Proposed Amendments for Which Comments Were Received

1. Calculating Rolling Averages
    a. Summary of the Final Action. We are revising Sec. Sec.  
63.1209(n)(2)(v)(B)(1), 63.1209(n)(2)(v)(B)(2), and 
63.1209(o)(1)(ii)(A)(3) as proposed on September 6, 2006. 71 FR at 
52640. These changes are intended to clarify that data for 
demonstrating compliance with feed rate limits of up to a 12-hour 
rolling average must be updated each minute. In addition, Sec.  
63.1209(n)(2)(v)(B)(1)(i) is modified to confirm that the chromium feed 
rate limit for boilers burning liquid hazardous waste with a heating 
value of 10,000 Btu/lb or greater is a 12-hour rolling average limit.
    b. What Are the Responses to Major Comments?
    Comment: We received two comments on this topic. One supported the 
changes as proposed. The other commenter objected to updating the 12-
hour average every minute rather than every hour, arguing that this 
complicates data management and could require increased data storage.
    Response: We believe that complications to data management or 
increases in data storage requirements, if any, are negligible. Phase I 
sources--incinerators, cement kilns, and lightweight aggregate kilns--
have been complying with 12-hour averages updated each minute for 
several years without significant problems. Furthermore, data storage 
is not measurably affected. These continuous monitors are required to 
record a data point at least once each minute, regardless of the 
whether the rolling average value for determining compliance is updated 
each minute or each hour. Consequently, the amount of recorded data is 
not significantly affected under either approach to calculating the 
rolling average.
    Phase I sources have been required to update their 12-hour rolling 
average feed rate data each minute ever since the hazardous waste 
combustor MACT rule was first promulgated in 1999. A ``rolling 
average'' was defined in that rule as ``the average of all one-minute 
averages over the averaging period.'' That definition has remained the 
same through the interim standards (for Phase I sources) and the 
replacement standards. We have consistently interpreted the definition 
to require that a new rolling average be calculated each minute. See, 
for example, the preamble discussion in the September 30, 1999 rule 
which says, while discussing how to calculate rolling averages upon 
initial startup, ``Given that the one-hour, and 12-hour rolling 
averages for limits on various parameters must be updated each minute * 
* *'' 64 FR at 52924.
    In the 2004 replacement standards proposed rule, we first 
introduced the concept of hourly updates to rolling averages, but only 
in the context of monitoring compliance with annual rolling average 
feed rate limits. See 69 FR at 21312. At no time did we discuss or 
propose any change to the long-standing requirement that rolling 
averages of 12 hours or less be updated each minute. In fact, we 
reiterated the requirement for one-minute updates in discussing how 
compliance with the 12-hour thermal feed rate limits would be 
monitored. In that discussion we said that ``For compliance, you would 
continuously monitor the feed rate of hazardous waste on a 12-hour 
rolling average updated each minute or, for standards based on normal 
emissions, on an annual rolling average updated each hour.'' Id. at 
21312.
    Given that we have consistently required rolling averages of 12 
hours or less to be updated each minute and we have never discussed or 
proposed any changes to that approach, we find ample evidence that the 
addition of hourly updates for these parameters in the final 
replacement standards were, as we asserted in the proposed rule, 
inadvertent. Furthermore, we find no support for the commenter's claim 
that data management or data storage requirements are significantly 
affected under either approach. Therefore, we have removed the 
references to hourly updates, as proposed.
2. Expressing Particulate Matter Standards Using the International 
System of Units
    a. Summary of the Final Action. We proposed to revise the 
particulate matter standards expressed in English units (gr/dscf) in 
Sec. Sec.  63.1216 through 63.1221 by converting and expressing the 
standards using the International System of Units (SI). 71 FR at 52641. 
However, after considering the comments received in response to the 
proposed rule, we are not revising the standards as proposed. Thus, we 
are retaining the format of the particulate matter standards as 
promulgated in the October 12, 2005 final rule.
    b. What Are the Responses to Major Comments?
    Comment: We received three comments on this topic. One supported 
revising the particulate matter standards by expressing all particulate 
matter standards in SI units as proposed. Two other commenters opposed 
the proposed revisions because converting a standard from gr/dscf to 
mg/dscm and rounding to two significant figures can

[[Page 18974]]

increase (and apparently does for at least one affected source) the 
stringency of the standard.
    Response: Given that the proposed conversion to SI units can 
increase the stringency of the promulgated standard in some instances, 
we are not revising the particulate matter standards as proposed. We do 
not believe the proposed revisions are appropriate because a source 
currently complying with the standard expressed in English units could 
find itself suddenly out of compliance if the standard were converted 
to SI units, after rounding the result to two significant figures. We 
believe this would be an inappropriate outcome for this 
``housekeeping'' amendment.
3. Corrections to the Notice of Intent To Comply (NIC) Provisions for 
New Units
    a. Summary of the Final Action. We proposed several corrections to 
the NIC regulatory provisions for new units to accurately reflect the 
time frames for holding the informal public meeting and submitting a 
final NIC. See 71 FR at 52645-646. Specifically, we made corrections to 
the time line (Figure 2; 71 FR at 52644), and proposed to revise Sec.  
63.1210(b)(3) and (c)(1), which are the core requirements for the 
informal public meeting and final NIC. We explained that it was our 
intent to clarify that existing units' NIC deadlines were based upon 
the effective date of the rule (e.g., ``* * * no later than one year 
following the effective date * * *''), whereas new units'' NIC 
deadlines were based upon a set number of days between NIC compliance 
activities (e.g., ``* * * or 60 days following the informal public 
meeting''). This was necessary because the final rule effective date 
has no bearing on new units. We further explained that since the public 
meetings for the NIC and the RCRA pre-application are to occur 
simultaneously for new units, we anticipate new units will plan 
accordingly and work with their permitting authorities to determine the 
most suitable time to begin the NIC compliance process.
    Today we are amending Sec.  63.1210(b)(3) and (c)(1) to accurately 
reflect the time frames for holding the informal public meeting and 
submitting a final NIC for new units. However, the amendments are not 
finalized as proposed, but rather were revised to reflect a comment we 
received (see below). We are now further subdividing the paragraphs to 
explicitly differentiate between ``existing units'' and ``new units.'' 
Also, to further clarify that new units are subject to the same NIC 
requirements, we have added a new paragraph (b)(5) to Sec.  63.1212 
with respect to the final NIC. While it essentially mirrors Sec.  
63.1210(b)(3), we believe it is important to clearly indicate all 
applicable NIC provisions for new units in Sec.  63.1212.
    b. What Are the Responses to Major Comments?
    Comment: One comment was received in response to the proposed 
amendments. The commenter noted that the proposed Sec.  63.1210(c)(1) 
language retains the 10 month deadline, but also requires that the 
meeting must be held no later than 30 days following the notice. The 30 
day advance notice language of Sec.  63.1210(c)(3) was retained. This 
puts the facility in a position of having to issue the public notice 
precisely 30 days before the public meeting (i.e., facilities have two 
30 day deadlines, one working backward from the meeting date and one 
working forward from the notice date). The commenter suggested that the 
requirements for new units and existing units be presented as two 
separate paragraphs to better represent the timelines for each.
    Response: We agree with the commenter. The few words added to Sec.  
63.1210(c)(1) do not clearly differentiate between existing and new 
units' NIC deadlines. The reference in Sec.  63.1210(c)(1) to the ``* * 
* no later than 10 months after the effective date * * *'' was intended 
only for existing units and the proposed reference to ``* * * or 30 
days following notice * * *'' was intended only for new units. The way 
the paragraph reads gives the appearance that both references may be 
applicable to all units. Therefore, if one reads the 30 day reference 
in Sec.  63.1210(c)(1) to also apply to existing units, along with the 
30 day reference which was retained in Sec.  63.1210(c)(3), it creates 
the situation which the commenter correctly identifies.
    We have subdivided Sec.  63.1210(c)(1) (as well as Sec.  
63.1210(b)(3)) to clearly designate applicability for existing and new 
units as the commenter suggests. Section 63.1210(c)(1) is revised to 
require the informal public meeting for new units to be held no earlier 
than 30 days following notice of the informal meeting, as opposed to no 
later than 30 days following the notice. Also, we have revised Sec.  
63.1212(b)(4) to state that the informal public meeting must be held no 
earlier than 30 days following notice of the meeting, so that it is 
consistent with Sec.  63.1210(c)(1). Finally, as noted above, a new 
paragraph (b)(5) is added to Sec.  63.1212 regarding submission of the 
final NIC.

C. Corrections to the Startup, Shutdown, and Malfunction Plan 
Provisions

    This action also corrects a ministerial error by EPA that lead to 
inadvertent revision of Sec.  63.1206(c)(2)(v). In a 2006 final rule 
amending the Part 63 general provisions, EPA made conforming changes to 
many individual MACT standards that merely incorporate the startup, 
shutdown and malfunction (SSM) requirements of the general provisions. 
71 FR 20446 (April 20, 2006). In doing so, EPA inadvertently revised 
the SSM provisions tailored specifically for HWC facilities. Today, we 
are correcting that inadvertent error. Accordingly, we are revising 
Sec.  63.1206(c)(2)(v)(A)(2) and (c)(2)(v)(B)(4) so that they read as 
they did before the April 20, 2006 revisions.

D. Time Lines

    In the September 2006 proposed rule, we noted several errors in the 
time lines published in the October 12, 2005 final rule. See 70 FR 
59524-525 and 71 FR at 52642-644. Consequently, we revised the time 
lines, Figures 1 and 2, to reflect the correct dates and time frames 
associated with compliance activities for Phase 1 (i.e., incinerators, 
cement kilns, and lightweight aggregate kilns) and Phase 2 sources 
(i.e., liquid and solid fuel boilers and hydrochloric acid production 
furnaces). In addition, we discussed the time line revisions and why 
the changes were necessary, as well as providing some clarifying 
remarks.
    We did not receive any public comments on the revised time lines 
that were published in the proposed rule. For the reader's convenience, 
we are publishing the time lines again in today's final rule. Please 
refer to the proposal for the accompanying discussion of the time 
lines. 71 FR at 52642-643.
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[GRAPHIC] [TIFF OMITTED] TR08AP08.001

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[[Page 18977]]

III. Impacts of the Final Rule

A. What facilities are affected by the final amendments?

    A description of the affected source categories is discussed in the 
April 20, 2004 proposed rule. 69 FR at 21207-09. In the October 12, 
2005 final rule, we estimated that there are a total of 267 sources 
subject to the rule requirements, including 116 boilers (104 liquid 
fuel boilers and 12 solid fuel boilers), 92 on-site incinerators, 25 
cement kilns, 15 commercial incinerators, 9 lightweight aggregate 
kilns, and 10 hydrochloric acid production furnaces. 70 FR at 59530. 
While we are aware of several changes to the universe of operating 
hazardous waste combustors, these estimates remain a reasonable 
representation of existing operating sources.\4\
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    \4\ Given the small size of the lightweight aggregate kiln 
category, it is worth mentioning that the Solite Cascade plant in 
Virginia has ceased operations. Prior to closure, this plant 
operated four kiln sources. See also 70 FR at 59426.
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B. What are the impacts of the final rule?

    The rule amendments do not change any of the impacts presented in 
the preamble to the October 12, 2005 final rule. See 70 FR at 59529-35.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This 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 OMB review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden 
because there is no additional burden on affected sources as a result 
of the final rule. However, the Office of Management and Budget (OMB) 
has previously approved the information collection requirements 
contained in the existing regulations (see 40 CFR part 9) under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2050-0171, EPA ICR number 1773.08. A 
copy of the OMB approved Information Collection Request (ICR) may be 
obtained by writing to: Director, Collection Strategies Division; U.S. 
Environmental Protection Agency (2822T); 1200 Pennsylvania Ave., NW., 
Washington, DC 20460 or by calling (202) 566-1700.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure 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 today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) 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; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. As discussed 
in the October 12, 2005 final rule (which today's final rule amends), 
we determined that hazardous waste combustion facilities are not owned 
by small governmental jurisdictions or nonprofit organizations. 70 FR 
at 59538. Therefore, in that rule only small businesses were analyzed 
for small entity impacts (a small entity was defined either by the 
number of employees or by the dollar amount of sales). We found that 
few--a total of eight out of 145 facilities--of the sources affected by 
the October 2005 rule were owned by small businesses. Finally, our 
analysis indicated that none of these facilities are likely to incur 
annualized compliance costs greater than one percent of gross annual 
corporate revenues. Cost impacts were found to range from less than 
0.01 percent to 0.46 percent of annual gross corporate revenues. 70 FR 
at 59538.
    Although this final rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this rule on small entities. We note that 
today's final rule does not alter the number or type of small 
businesses that were discussed in the October 12, 2005 final rule. 
Additionally today's rule does not have any significant new regulatory 
requirements as compared to the requirements discussed in the October 
12, 2005 final rule.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially

[[Page 18978]]

affected small governments, enabling officials of affected small 
governments to have meaningful and timely input in the development of 
EPA regulatory proposals with significant Federal intergovernmental 
mandates, and informing, educating, and advising small governments on 
compliance with the regulatory requirements.
    EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any one year. This is because today's final rule does not add 
new requirements that would increase the costs of the original NESHAP 
for hazardous waste combustors. The NESHAP was published on September 
30, 1999, and October 12, 2005, and had aggregated annualized social 
costs between $50 to $63 million (64 FR at 53022) and $22.6 million (70 
FR at 59538), respectively. Thus, today's final rule is not subject to 
the requirements of sections 202 and 205 of the UMRA. In addition, EPA 
has determined that this final rule does not significantly or uniquely 
affect small governments because it contains no requirements that apply 
to such governments or impose obligations upon them. Therefore, this 
final rule is not subject to section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This final rule does not have federalism implications. The final 
rule does 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, because State and 
local governments do not own or operate any sources that would be 
subject to the requirements of the final rule and as such would not 
bear substantial costs of effects. Thus, Executive Order 13132 does not 
apply to this rule.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This final rule does not have 
tribal implications, as specified in Executive Order 13175, because 
tribal governments do not own or operate any sources subject to today's 
action. Thus, Executive Order 13175 does not apply to this rule.

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

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) is determined to be ``economically significant'' as 
defined under EO 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying to those 
regulatory actions that concern health or safety risks, such that the 
analysis required under section 5-501 of the Order has the potential to 
influence the regulation. This final rule is not subject to Executive 
Order 13045 because it is based solely on technology performance and 
not on health or safety risks. Furthermore, this final rule is not 
considered ``economically significant'' as defined under EO 12866.

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

    This rule is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 
(May 22, 2001)) because it is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy. Further, we have 
concluded that this rule is not likely to have any adverse energy 
effects.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, Section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law 
No. 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standards bodies. The NTTAA directs EPA to provide Congress, through 
OMB, explanations when the Agency decides not to use available and 
applicable voluntary consensus standards.
    This action involves technical standards. During the development of 
the final rule, EPA searched for voluntary consensus standards that 
might be applicable. EPA adopted the following standards as practical 
alternatives to specified EPA test methods in the final rule: (1) 
American Society for Testing and Materials (ASTM) D6735-01, ``Standard 
Test Method for Measurement of Gaseous Chlorides and Fluorides from 
Mineral Calcining Exhaust Sources--Impinger Method,'' and (2) American 
Society of Mechanical Engineers (ASME) standard QHO-1-2004, ``Standard 
for the Qualification and Certification of Hazardous Waste Incinerator 
Operators.''
    Section 63.1208 lists the test methods to determine compliance with 
the emission standards in the final rule. Under Sec.  63.7(f) of the 
general provisions, a source may apply to EPA for permission to use 
alternative test methods in place of any required testing method, 
performance specification, or procedure.

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

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice 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

[[Page 18979]]

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 the provisions 
contained within do not affect the level of protection to human health 
of the environment. The final amendments to the hazardous waste 
combustor NESHAP (40 CFR part 63 subpart EEE) are comprised of 
clarifications and revisions to current compliance and monitoring 
provisions that do not affect the current level of control at 
facilities subject to these rules.

K. Congressional Review

    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 the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action 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 the 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 April 8, 2008.

List of Subjects

40 CFR Part 63

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

40 CFR Part 264

    Environmental protection, Air pollution control, Hazardous waste, 
Insurance, Packaging and containers, Reporting and recordkeeping 
requirements, Security measures, Surety bonds.

40 CFR Part 266

    Environmental protection, Energy, Hazardous waste, Recycling, 
Reporting and recordkeeping requirements.

    Dated: March 26, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 63--NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

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


0
2. Section 63.1203 is amended by adding paragraph (e) to read as 
follows:


Sec.  63.1203  What are the standards for hazardous waste incinerators 
that are effective until compliance with the standards under Sec.  
63.1219?

* * * * *
    (e) The provisions of this section no longer apply after any of the 
following dates, whichever occurs first:
    (1) The date that your source begins to comply with Sec.  63.1219 
by placing a Documentation of Compliance in the operating record 
pursuant to Sec.  63.1211(c);
    (2) The date that your source begins to comply with Sec.  63.1219 
by submitting a Notification of Compliance pursuant to Sec.  
63.1210(b); or
    (3) The date for your source to comply with Sec.  63.1219 pursuant 
to Sec.  63.1206 and any extensions granted there under.

0
3. Section 63.1204 is amended by adding paragraph (i) to read as 
follows:


Sec.  63.1204  What are the standards for hazardous waste burning 
cement kilns that are effective until compliance with the standards 
under Sec.  63.1220?

* * * * *
    (i) The provisions of this section no longer apply after any of the 
following dates, whichever occurs first:
    (1) The date that your source begins to comply with Sec.  63.1220 
by placing a Documentation of Compliance in the operating record 
pursuant to Sec.  63.1211(c);
    (2) The date that your source begins to comply with Sec.  63.1220 
by submitting a Notification of Compliance pursuant to Sec.  
63.1210(b); or
    (3) The date for your source to comply with Sec.  63.1220 pursuant 
to Sec.  63.1206 and any extensions granted there under.

0
4. Section 63.1205 is amended by adding paragraph (e) to read as 
follows:


Sec.  63.1205  What are the standards for hazardous waste burning 
lightweight aggregate kilns that are effective until compliance with 
the standards under Sec.  63.1221?

* * * * *
    (e) The provisions of this section no longer apply after any of the 
following dates, whichever occurs first:
    (1) The date that your source begins to comply with Sec.  63.1221 
by placing a Documentation of Compliance in the operating record 
pursuant to Sec.  63.1211(c);
    (2) The date that your source begins to comply with Sec.  63.1221 
by submitting a Notification of Compliance pursuant to Sec.  
63.1210(b); or
    (3) The date for your source to comply with Sec.  63.1221 pursuant 
to Sec.  63.1206 and any extensions granted there under.

0
5. Section 63.1206 is amended as follows:
0
a. By revising paragraph (a)(2) heading and the first sentence of 
paragraph (a)(2)(ii)(A).
0
b. By revising paragraphs (b)(14)(iv) and (b)(16) introductory text.
0
c. By revising paragraphs (c)(2)(v)(A)(2), (c)(2)(v)(B)(4), and (c)(9) 
introductory text.


Sec.  63.1206  When and how must you comply with the standards and 
operating requirements?

    (a) * * *
    (2) Compliance date for solid fuel boilers, liquid fuel boilers, 
and hydrochloric acid production furnaces that burn hazardous waste for 
standards under Sec. Sec.  63.1216, 63.1217, and 63.1218.
* * * * *
    (ii) * * * (A) If you commenced construction or reconstruction of 
your hazardous waste combustor after April 20, 2004, you must comply 
with the new source emission standards of this subpart by the later of 
October 12, 2005, or the date the source starts operations, except as 
provided by paragraph (a)(2)(ii)(B) of this section. * * *
* * * * *
    (b) * * *
    (14) * * *
    (iv) Operating limits. Semivolatile and low volatile metal 
operating parameter limits must be established to ensure compliance 
with the alternative emission limitations described in paragraphs 
(b)(14)(ii) and (iii) of this section pursuant to Sec.  63.1209(n), 
except that semivolatile metal feedrate limits apply to lead, cadmium, 
and selenium, combined, and low volatile metal feedrate limits apply to 
arsenic, beryllium, chromium, antimony, cobalt, manganese, and nickel, 
combined.
* * * * *
    (16) Compliance with subcategory standards for liquid fuel boilers. 
You must comply with the mercury, semivolatile metals, low volatile 
metals, and hydrogen chloride and chlorine standards for liquid fuel 
boilers under Sec.  63.1217 as follows:
* * * * *
    (c) * * *
    (2) * * *
    (v) * * *
    (A) * * *

[[Page 18980]]

    (2) Although the automatic waste feed cutoff requirements continue 
to apply during a malfunction, an exceedance of an emission standard 
monitored by a CEMS or COMS or operating limit specified under Sec.  
63.1209 is not a violation of this subpart if you take the corrective 
measures prescribed in the startup, shutdown, and malfunction plan.
* * * * *
    (B) * * *
    (4) Although the automatic waste feed cutoff requirements of this 
paragraph apply during startup and shutdown, an exceedance of an 
emission standard or operating limit is not a violation of this subpart 
if you comply with the operating procedures prescribed in the startup, 
shutdown, and malfunction plan.
* * * * *
    (9) Particulate matter detection system requirements. If you 
combustor is equipped with an electrostatic precipitator or ionizing 
wet scrubber and you elect not to establish under Sec.  
63.1209(m)(1)(iv) site-specific control device operating parameter 
limits that are linked to the automatic waste feed cutoff system under 
paragraph (c)(3) of this section, or your combustor is equipped with a 
fabric filter and you elect to use a particulate matter detection 
system pursuant to paragraph (c)(8)(i)(B) of this section, you must 
continuously operate a particulate matter detection system that meets 
the specifications and requirements of paragraphs (c)(9)(i) through 
(iii) of this section and you must comply with the corrective measures 
and notification requirements of paragraphs (c)(9)(iv) through (v) of 
this section.
* * * * *

0
6. Section 63.1207 is amended as follows:
0
a. By adding paragraph (b)(3)(vi).
0
b. By revising paragraphs (d)(1), (d)(2), and (d)(4).
0
c. By revising the first sentence of paragraphs (g)(2)(i) and 
(g)(2)(ii).
0
d. By revising paragraph (m).


Sec.  63.1207  What are the performance testing requirements?

* * * * *
    (b) * * *
    (3) * * *
    (vi) Sources that are required to perform the one-time dioxin/furan 
test pursuant to paragraph (b)(3) of this section are not required to 
perform confirmatory performance tests.
* * * * *
    (d) * * *
    (1) Comprehensive performance testing. Except as otherwise 
specified in paragraph (d)(4) of this section, you must commence 
testing no later than 61 months after the date of commencing the 
previous comprehensive performance test used to show compliance with 
Sec. Sec.  63.1216, 63.1217, 63.1218, 63.1219, 63.1220, or 63.1221. If 
you submit data in lieu of the initial performance test, you must 
commence the subsequent comprehensive performance test within 61 months 
of commencing the test used to provide the data in lieu of the initial 
performance test.
    (2) Confirmatory performance testing. Except as otherwise specified 
in paragraph (d)(4) of this section, you must commence confirmatory 
performance testing no later than 31 months after the date of 
commencing the previous comprehensive performance test used to show 
compliance with Sec. Sec.  63.1217, 63.1219, 63.1220, or 63.1221. If 
you submit data in lieu of the initial performance test, you must 
commence the initial confirmatory performance test within 31 months of 
the date six months after the compliance date. To ensure that the 
confirmatory test is conducted approximately midway between 
comprehensive performance tests, the Administrator will not approve a 
test plan that schedules testing within 18 months of commencing the 
previous comprehensive performance test.
* * * * *
    (4) Applicable testing requirements under the interim standards. 
(i) Waiver of periodic comprehensive performance tests. Except as 
provided by paragraph (c)(2) of this section, you must conduct only an 
initial comprehensive performance test under the interim standards 
(Sec. Sec.  63.1203 through 63.1205); all subsequent comprehensive 
performance testing requirements are waived under the interim 
standards. The provisions in the introductory text to paragraph (d) and 
in paragraph (d)(1) of this section apply only to tests used to 
demonstrate compliance with the replacement standards promulgated on or 
after October 12, 2005.
    (ii) Waiver of confirmatory performance tests. You are not required 
to conduct a confirmatory test under the interim standards (Sec. Sec.  
63.1203 through 63.1205). The confirmatory testing requirements in the 
introductory text to paragraph (d) and in paragraph (d)(2) of this 
section apply only after you have demonstrated compliance with the 
replacement standards promulgated on or after October 12, 2005.
* * * * *
    (g) * * *
    (2) * * *
    (i) Carbon monoxide (or hydrocarbon) CEMS emissions levels must be 
within the range of the average value to the maximum value allowed, 
except as provided by paragraph (g)(2)(v) of this section. * * *
    (ii) Each operating limit (specified in Sec.  63.1209) established 
to maintain compliance with the dioxin/furan emission standard must be 
held within the range of the average value over the previous 12 months 
and the maximum or minimum, as appropriate, that is allowed, except as 
provided by paragraph (g)(2)(v) of this section. * * *
* * * * *
    (m) Waiver of performance test. You are not required to conduct 
performance tests to document compliance with the mercury, semivolatile 
metals, low volatile metals, or hydrogen chloride/chlorine gas emission 
standards under the conditions specified in paragraphs (m)(1) or (m)(2) 
of this section. The waiver provisions of this paragraph apply in 
addition to the provisions of Sec.  63.7(h).
    (1) Emission standards based on exhaust gas flow rate. (i) You are 
deemed to be in compliance with an emission standard based on the 
volumetric flow rate of exhaust gas (i.e. [mu]g/dscm or ppmv) if the 
twelve-hour rolling average maximum theoretical emission concentration 
(MTEC) determined as specified below does not exceed the emission 
standard:
    (A) Determine the feedrate of mercury, semivolatile metals, low 
volatile metals, or total chlorine and chloride from all feedstreams;
    (B) Determine the stack gas flowrate; and
    (C) Calculate a MTEC for each standard assuming all mercury, 
semivolatile metals, low volatile metals, or total chlorine (organic 
and inorganic) from all feedstreams is emitted;
    (ii) To document compliance with this provision, you must:
    (A) Monitor and record the feedrate of mercury, semivolatile 
metals, low volatile metals, and total chlorine and chloride from all 
feedstreams according to Sec.  63.1209(c);
    (B) Monitor with a CMS and record in the operating record the gas 
flowrate (either directly or by monitoring a surrogate parameter that 
you have correlated to gas flowrate);
    (C) Continuously calculate and record in the operating record the 
MTEC under the procedures of paragraph (m)(1)(i) of this section; and
    (D) Interlock the MTEC calculated in paragraph (m)(1)(i)(C) of this 
section to the AWFCO system to stop hazardous waste burning when the 
MTEC exceeds the emission standard.

[[Page 18981]]

    (iii) in lieu of the requirement in paragraphs (m)(1)(ii)(C) and 
(D) of this section, you may:
    (A) Identify in the Notification of Compliance a minimum gas 
flowrate limit and a maximum feedrate limit of mercury, semivolatile 
metals, low volatile metals, and/or total chlorine and chloride from 
all feedstreams that ensures the MTEC as calculated in paragraph 
(m)(1)(i)(C) of this section is below the applicable emission standard; 
and
    (B) Interlock the minimum gas flowrate limit and maximum feedrate 
limit of paragraph (m)(1)(iii)(A) of this section to the AWFCO system 
to stop hazardous waste burning when the gas flowrate or mercury, 
semivolatile metals, low volatile metals, and/or total chlorine and 
chloride feedrate exceeds the limits of paragraph (m)(1)(iii)(A) of 
this section.
    (2) Emission standards based on hazardous waste thermal 
concentration. (i) You are deemed to be in compliance with an emission 
standard specified on a hazardous waste thermal concentration basis 
(i.e., pounds emitted per million Btu of heat input) if the HAP thermal 
concentration in the waste feed does not exceed the allowable HAP 
thermal concentration emission rate.
    (ii) To document compliance with this provision, you must:
    (A) Monitor and record the feedrate of mercury, semivolatile 
metals, low volatile metals, and total chlorine and chloride from all 
hazardous waste feedstreams in accordance with Sec.  63.1209(c);
    (B) Determine and record the higher heating value of each hazardous 
waste feed;
    (C) Continuously calculate and record the thermal feed rate of all 
hazardous waste feedstreams by summing the products of each hazardous 
waste feed rate multiplied by the higher heating value of that 
hazardous waste;
    (D) Continuously calculate and record the total HAP thermal feed 
concentration for each constituent by dividing the HAP feedrate 
determined in paragraph (m)(2)(ii)(A) of this section by the thermal 
feed rate determined in paragraph (m)(2)(ii)(C) of this section for all 
hazardous waste feedstreams;
    (E) Interlock the HAP thermal feed concentration for each 
constituent with the AWFCO to stop hazardous waste feed when the 
thermal feed concentration exceeds the applicable thermal emission 
standard.
    (3) When you determine the feedrate of mercury, semivolatile 
metals, low volatile metals, or total chlorine and chloride for 
purposes of this provision, except as provided by paragraph (m)(4) of 
this section, you must assume that the analyte is present at the full 
detection limit when the feedstream analysis determines that the 
analyte in not detected in the feedstream.
    (4) Owners and operators of hazardous waste burning cement kilns 
and lightweight aggregate kilns may assume that mercury is present in 
raw material at half the detection limit when the raw material 
feedstream analysis determines that mercury is not detected.
    (5) You must state in the site-specific test plan that you submit 
for review and approval under paragraph (e) of this section that you 
intend to comply with the provisions of this paragraph. You must 
include in the test plan documentation that any surrogate that is 
proposed for gas flowrate adequately correlates with the gas flowrate.

0
7. Section 63.1209 is amended as follows:
0
a. By revising paragraphs (l)(1)(ii)(B)(5) and (l)(1)(ii)(C)(5).
0
b. By revising paragraphs (l)(1)(iii)(B) and (l)(1)(iii)(C) 
introductory text.
0
c. By revising paragraphs (l)(1)(iii)(D)(1), and (l)(1)(iii)(D)(2).
0
d. By revising paragraph (n)(2)(iii)(A).
0
e. By revising paragraphs (n)(2)(v)(A)(2)(iv) and (n)(2)(v)(A)(3)(v)
0
f. By revising paragraphs (n)(2)(v)(B)(1)(i), (n)(2)(v)(B)(1)(ii), and 
(n)(2)(v)(B)(2).
0
g. By revising the first sentence of paragraph (n)(2)(vii) introductory 
text.
0
h. By revising paragraph (o)(1)(ii)(A)(3).


Sec.  63.1209  What are the monitoring requirements?

* * * * *
    (l) * * *
    (1) * * *
    (ii) * * *
    (B) * * *
    (5) If you select an averaging period for the feedrate limit that 
is greater than a 12-hour rolling average, you must calculate the 
initial rolling average as though you had selected a 12-hour rolling 
average, as provided by paragraph (b)(5)(i) of this section. 
Thereafter, you must calculate rolling averages using either one-minute 
or one-hour updates. Hourly updates shall be calculated using the 
average of the one-minute average data for the preceding hour. For the 
period beginning with initial operation under this standard until the 
source has operated for the full averaging period that you select, the 
average feedrate shall be based only on actual operation under this 
standard.
    (C) * * *
    (5) If you select an averaging period for the feedrate limit that 
is greater than a 12-hour rolling average, you must calculate the 
initial rolling average as though you had selected a 12-hour rolling 
average, as provided by paragraph (b)(5)(i) of this section. 
Thereafter, you must calculate rolling averages using either one-minute 
or one-hour updates. Hourly updates shall be calculated using the 
average of the one-minute average data for the preceding hour. For the 
period beginning with initial operation under this standard until the 
source has operated for the full averaging period that you select, the 
average feedrate shall be based only on actual operation under this 
standard.
    (iii) * * *
    (B) When complying with the emission standards under Sec. Sec.  
63.1204 and 63.1220(a)(2)(ii)(A) and (b)(2)(ii)(A), you must establish 
a 12-hour rolling average limit for the feedrate of mercury in all 
feedstreams as the average of the test run averages;
    (C) Except as provided by paragraph (l)(1)(iii)(D) of this section, 
when complying with the hazardous waste maximum theoretical emission 
concentration (MTEC) under Sec.  63.1220(a)(2)(ii)(B) and 
(b)(2)(ii)(B), you must:
* * * * *
    (D) * * *
    (1) Identify in the Notification of Compliance a minimum gas 
flowrate limit and a maximum feedrate limit of mercury from all 
hazardous waste feedstreams that ensures the MTEC calculated in 
paragraph (l)(1)(iii)(C)(4) of this section is below the operating 
requirement under paragraphs Sec. Sec.  63.1220(a)(2)(ii)(B) and 
(b)(2)(ii)(B); and
    (2) Initiate an automatic waste feed cutoff that immediately and 
automatically cuts off the hazardous waste feed when either the gas 
flowrate or mercury feedrate exceeds the limits identified in paragraph 
(l)(1)(iii)(D)(1) of this section.
* * * * *
    (n) * * *
    (2) * * *
    (iii) * * * (A) When complying with the emission standards under 
Sec.  63.1220(a)(3)(i), (a)(4)(i), (b)(3)(i), and (b)(4)(i), you must 
establish 12-hour rolling average feedrate limits for semivolatile and 
low volatile metals as the thermal concentration of semivolatile metals 
or low volatile metals in all hazardous waste feedstreams. You must 
calculate hazardous waste thermal concentrations for semivolatile 
metals and low volatile metals for each run as the total mass feedrate 
of semivolatile metals or low volatile metals for all hazardous waste 
feedstreams divided by the total heat

[[Page 18982]]

input rate for all hazardous waste feedstreams. The 12-hour rolling 
average feedrate limits for semivolatile metals and low volatile metals 
are the average of the test run averages, calculated on a thermal 
concentration basis, for all hazardous waste feeds.
* * * * *
    (v) * * *
    (A) * * *
    (2) * * *
    (iv) If you select an averaging period for the feedrate limit that 
is greater than a 12-hour rolling average, you must calculate the 
initial rolling average as though you had selected a 12-hour rolling 
average, as provided by paragraph (b)(5)(i) of this section. 
Thereafter, you must calculate rolling averages using either one-minute 
or one-hour updates. Hourly updates shall be calculated using the 
average of the one-minute average data for the preceding hour. For the 
period beginning with initial operation under this standard until the 
source has operated for the full averaging period that you select, the 
average feedrate shall be based only on actual operation under this 
standard.
* * * * *
    (3) * * *
    (v) If you select an averaging period for the feedrate limit that 
is greater than a 12-hour rolling average, you must calculate the 
initial rolling average as though you had selected a 12-hour rolling 
average, as provided by paragraph (b)(5)(i) of this section. 
Thereafter, you must calculate rolling averages using either one-minute 
or one-hour updates. Hourly updates shall be calculated using the 
average of the one-minute average data for the preceding hour. For the 
period beginning with initial operation under this standard until the 
source has operated for the full averaging period that you select, the 
average feedrate shall be based only on actual operation under this 
standard.
    (B) * * *
    (1) * * * (i) The 12-hour rolling average feedrate limit is a 
hazardous waste thermal concentration limit expressed as pounds of 
chromium in all hazardous waste feedstreams per million Btu of 
hazardous waste fed to the boiler. You must establish the 12-hour 
rolling average feedrate limit as the average of the test run averages.
    (ii) You must comply with the hazardous waste chromium thermal 
concentration limit by determining the feedrate of chromium in all 
hazardous waste feedstreams (lb/hr) and the hazardous waste thermal 
feedrate (MMBtu/hr) at least once each minute as [hazardous waste 
chromium feedrate (lb/hr)/hazardous waste thermal feedrate (MMBtu/hr)].
    (2) Boilers that feed hazardous waste with a heating value less 
than 10,000 Btu/lb. You must establish a 12-hour rolling average limit 
for the total feedrate (lb/hr) of chromium in all feedstreams as the 
average of the test run averages.
* * * * *
    (vii) Extrapolation of feedrate levels. In lieu of establishing 
feedrate limits as specified in paragraphs (n)(2)(ii) through (vi) of 
this section, you may request as part of the performance test plan 
under Sec. Sec.  63.7(b) and (c) and Sec. Sec.  63.1207(e) and (f) to 
use the semivolatile metal and low volatile metal feedrates and 
associated emission rates during the comprehensive performance test to 
extrapolate to higher allowable feedrate limits and emission rates. * * 
*
* * * * *
    (o) * * *
    (1) * * *
    (ii) * * *
    (A) * * *
    (3) You must comply with the feedrate limit by determining the mass 
feedrate of hazardous waste feedstreams (lb/hr) at least once a minute 
and by knowing the chlorine content (organic and inorganic, lb of 
chlorine/lb of hazardous waste) and heating value (Btu/lb) of hazardous 
waste feedstreams at all times to calculate a 1-minute average feedrate 
measurement as [hazardous waste chlorine content (lb of chlorine/lb of 
hazardous waste feed)/hazardous waste heating value (Btu/lb of 
hazardous waste)]. You must update the rolling average feedrate each 
hour with this 60-minute average feedrate measurement.
* * * * *

0
8. Section 63.1210 is amended by revising paragraphs (b) introductory 
text, (b)(3), and (c)(1) to read as follows:


Sec.  63.1210  What are the notification requirements?

* * * * *
    (b) Notification of intent to comply (NIC). These procedures apply 
to sources that have not previously complied with the requirements of 
paragraphs (b) and (c) of this section, and to sources that previously 
complied with the NIC requirements of Sec. Sec.  63.1210 and 
63.1212(a), which were in effect prior to October 11, 2000, that must 
make a technology change requiring a Class 1 permit modification to 
meet the standards of Sec. Sec.  63.1219, 63.1220, and 63.1221.
* * * * *
    (3) You must submit the final NIC to the Administrator:
    (i) Existing units. No later than one year following the effective 
date of the emission standards of this subpart; or
    (ii) New units. No later than 60 days following the informal public 
meeting.
    (c) * * * (1) Prior to the submission of the NIC to the permitting 
agency and:
    (i) Existing units. No later than 10 months after the effective 
date of the emission standards of this subpart, you must hold at least 
one informal meeting with the public to discuss the anticipated 
activities described in the draft NIC for achieving compliance with the 
emission standards of this subpart. You must post a sign-in sheet or 
otherwise provide a voluntary opportunity for attendees to provide 
their names and addresses.
    (ii) New units. No earlier than thirty (30) days following notice 
of the informal public meeting, you must hold at least one informal 
meeting with the public to discuss the anticipated activities described 
in the draft NIC for achieving compliance with the emission standards 
of this subpart. You must post a sign-in sheet or otherwise provide a 
voluntary opportunity for attendees to provide their names and 
addresses.
* * * * *

0
9. Section 63.1212 is amended by revising paragraphs (b)(1), (b)(3), 
and (b)(4) and adding paragraph (b)(5) to read as follows:


Sec.  63.1212  What are the other requirements pertaining to the NIC?

* * * * *
    (b) * * *
    (1) Prepare a draft NIC pursuant to Sec.  63.1210(b) and make it 
available to the public upon issuance of the notice of public meeting 
pursuant to Sec.  63.1210(c)(3);
* * * * *
    (3) Provide notice to the public of a pre-application meeting 
pursuant to Sec.  124.31 of this chapter or notice to the public of a 
permit modification request pursuant to Sec.  270.42 of this chapter;
    (4) Hold an informal public meeting [pursuant to Sec.  
63.1210(c)(1) and (c)(2)] no earlier than 30 days following notice of 
the NIC public meeting and notice of the pre-application meeting or 
notice of the permit modification request to discuss anticipated 
activities described in the draft NIC and pre-application or permit 
modification request for achieving compliance with the emission 
standards of this subpart; and
    (5) Submit a final NIC pursuant to Sec.  63.1210(b)(3).
* * * * *

0
10. Section 63.1215 is amended as follows:
0
a. By revising paragraph (a)(1)(i).

[[Page 18983]]

0
b. By revising the definitions of ``1-Hour Average HCl-Equivalent 
Emission Rate'' and ``1-Hour Average HCl-Equivalent Emission Rate 
Limit'' in paragraph (a)(2).
0
c. By revising paragraphs (b)(2), (b)(3), and (b)(6)(ii)(C).
0
d. By revising paragraph (f)(5)(ii)(A).
0
e. By revising paragraph (h)(2)(i).


Sec.  63.1215  What are health-based compliance alternatives for total 
chlorine?

* * * * *
    (a) * * *
    (1) * * *
    (i) Identify a total chlorine emission concentration (ppmv) 
expressed as chloride (Cl(-)) equivalent for each on site hazardous 
waste combustor. You may select total chlorine emission concentrations 
as you choose to demonstrate eligibility for the risk-based limits 
under this section, except as provided by paragraph (b)(7) of this 
section;
* * * * *
    (2) * * *
    1-Hour Average HCl-Equivalent Emission Rate means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of 
chlorine to HCl using aRELs as the health risk metric for acute 
exposure.
    1-Hour Average HCl-Equivalent Emission Rate Limit means the HCl-
equivalent emission rate (lb/hr) determined by equating the toxicity of 
chlorine to HCl using aRELs as the health risk metric for acute 
exposure and which ensures that maximum 1-hour average ambient 
concentrations of HCl-equivalents do not exceed a Hazard Index of 1.0, 
rounded to the nearest tenths decimal place (0.1), at an off-site 
receptor location.
* * * * *
    (b) * * *
    (2) Annual average rates. You must calculate annual average 
toxicity-weighted HCl-equivalent emission rates for each combustor as 
follows:

ERLTtw = ERHCl + ERCl2 x 
(RfCHCl/RfCCl2)

Where:

ERLTtw is the annual average HCl toxicity-weighted 
emission rate (HCl-equivalent emission rate) considering long-term 
exposures, lb/hr
ERHCl is the emission rate of HCl in lbs/hr
ERCl2 is the emission rate of chlorine in lbs/hr
RfCHCl is the reference concentration of HCl
RfCCl2 is the reference concentration of chlorine

    (3) 1-hour average rates. You must calculate 1-hour average 
toxicity-weighted HCl-equivalent emission rates for each combustor as 
follows:

ERSTtw = ERHCl + ERCl2 x 
(aRELHCl/aRELCl2)

Where:

ERSTtw is the 1-hour average HCl-toxicity-weighted 
emission rate (HCl-equivalent emission rate) considering 1-hour 
(short-term) exposures, lb/hr
ERHCl is the emission rate of HCl in lbs/hr
ERCl2 is the emission rate of chlorine in lbs/hr
aRELHCl is the aREL for HCl
aRELCl2 is the aREL for chlorine
* * * * *
    (6) * * *
    (ii) * * *
    (C) You must calculate the 1-hour average HCl-equivalent emission 
rate using these HCl and Cl2 emission rates and the equation 
in paragraph (b)(3) of this section.
* * * * *
    (f) * * *
    (5) * * *
    (ii) * * *
    (A) You must determine your chlorine emissions to be the higher of 
the value measured by Method 26/26A as provided in appendix A-8, part 
60 of this chapter, or an equivalent method, or the value calculated by 
the difference between the combined hydrogen chloride and chlorine 
levels measured by Method 26/26A as provided in appendix A-8, part 60 
of this chapter, or an equivalent method, and the hydrogen chloride 
measurement from EPA Method 320/321 as provided in appendix A, part 63 
of this chapter, or ASTM D 6735-01 as described under Sec.  
63.1208(b)(5)(i)(C), or an equivalent method.
* * * * *
    (h) * * *
    (2) * * *
    (i) Proactive review. You must submit for review and approval with 
each comprehensive performance test plan either a certification that 
the information used in your eligibility demonstration has not changed 
in a manner that would decrease the annual average or 1-hour average 
HCl-equivalent emission rate limit, or a revised eligibility 
demonstration.
* * * * *

0
11. Section 63.1217 is amended by revising paragraphs (a)(6)(ii) and 
(b)(6)(ii) to read as follows:


Sec.  63.1217  What are the standards for liquid fuel boilers that burn 
hazardous waste?

    (a) * * *
    (6) * * *
    (ii) When you burn hazardous waste with an as-fired heating value 
of 10,000 Btu/lb or greater, emissions in excess of 5.1 x 
10-2 lbs combined emissions of hydrogen chloride and 
chlorine gas attributable to the hazardous waste per million Btu heat 
input from the hazardous waste;
* * * * *
    (b) * * *
    (6) * * *
    (ii) When you burn hazardous waste with an as-fired heating value 
of 10,000 Btu/lb or greater, emissions in excess of 5.1 x-2 
lbs combined emissions of hydrogen chloride and chlorine gas 
attributable to the hazardous waste per million Btu heat input from the 
hazardous waste;
* * * * *

0
12. Section 63.1220 is amended by revising paragraphs (a)(2)(ii) and 
(b)(2)(ii) to read as follows:


Sec.  63.1220  What are the replacement standards for hazardous waste 
burning cement kilns?

    (a) * * *
    (2) * * *
    (ii) Either:
    (A) Emissions in excess of 120 [mu]g/dscm, corrected to 7 percent 
oxygen, or
    (B) A hazardous waste feed maximum theoretical emission 
concentration (MTEC) in excess of 120 [mu]g/dscm;
* * * * *
    (b) * * *
    (2) * * *
    (ii) Either:
    (A) Emissions in excess of 120 [mu]g/dscm, corrected to 7 percent 
oxygen, or
    (B) A hazardous waste feed maximum theoretical emission 
concentration (MTEC) in excess of 120 [mu]g/dscm;
* * * * *

PART 264--STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 
TREATMENT, STORAGE, AND DISPOSAL FACILITIES

0
13. The authority citation for part 264 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924 and 6925.


0
14. Section 264.340 is amended as follows:
0
a. By revising the first sentence of paragraph (b)(1) and paragraph 
(b)(3).
0
b. By removing paragraph (b)(5).


Sec.  264.340  Applicability.

* * * * *
    (b) * * *
    (1) Except as provided by paragraphs (b)(2) through (b)(4) of this 
section, the standards of this part do not apply to a new hazardous 
waste incineration unit that becomes subject to RCRA permit 
requirements after October 12, 2005; or no longer apply when an owner 
or operator of an existing hazardous waste incineration unit 
demonstrates

[[Page 18984]]

compliance with the maximum achievable control technology (MACT) 
requirements of part 63, subpart EEE, of this chapter by conducting a 
comprehensive performance test and submitting to the Administrator a 
Notification of Compliance under Sec. Sec.  63.1207(j) and 63.1210(d) 
of this chapter documenting compliance with the requirements of part 
63, subpart EEE, of this chapter. * * *
* * * * *
    (3) The particulate matter standard of Sec.  264.343(c) remains in 
effect for incinerators that elect to comply with the alternative to 
the particulate matter standard under Sec. Sec.  63.1206(b)(14) and 
63.1219(e) of this chapter.
* * * * *

PART 266--STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES 
AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES

0
15. The authority citation for part 266 continues to read as follows:

    Authority: 42 U.S.C. 1006, 2002(a), 3001-3009, 3014, 6905, 6906, 
6912, 6921, 6922, 6924-6927, 6934, and 6937.


Sec.  266.100  [Amended]

0
16. Section 266.100 is amended by redesignating the second paragraph 
(b)(3)(ii) as (b)(3)(iii).

[FR Doc. E8-6667 Filed 4-7-08; 8:45 am]

BILLING CODE 6560-50-P
