August
25,
2004
Mr.
James
S.
Pew
Earthjustice
Legal
Defense
Fund
1625
Massachusetts
Avenue,
NW
Suite
702
Washington,
D.
C.
20036­
2212
Dear
Mr.
Pew,

Thank
you
for
your
comment
on
the
direct
final
rule
(
69
FR
40770)
pertaining
to
a
petition
for
a
facility­
specific
nitrogen
oxide
(
NOx)
emission
limit
for
an
industrial
boiler
currently
subject
to
the
new
source
performance
standard
(
NSPS)
for
industrial
boilers
(
40
CFR
part
60,
subpart
Db).
Your
comment
has
been
entered
in
the
docket
(
OAR­
2004­
0068,
Item
0009).

In
your
comment,
you
expressed
concerns
that
the
boiler
addressed
in
the
petition
was
being
regulated
under
section
111
of
the
Clean
Air
Act
instead
of
under
section
129
which
applies
to
solid
waste
combustion
units.
As
stated
in
the
direct
final
rule,
there
is
a
provision
in
subpart
Db,
promulgated
under
section
111,
that
allows
for
a
facility
to
petition
the
Administrator
for
a
facility­
specific
NOx
limit
for
a
boiler
simultaneously
combusting
fossil
fuel
and
byproduct/
waste
if
certain
conditions
are
met.
You
commented
that
the
Weyerhaeuser
boiler,
or
any
other
facility,
that
combusts
solid
waste
is
a
solid
waste
combustor
when
it
combusts
"
chemical
by­
product
wastes"
and,
therefore,
must
comply
with
all
relevant
section
129
standards
at
those
times.
The
boiler
addressed
in
the
Weyerhaeuser
petition
is
not
a
solid
waste
combustor
since
the
byproduct/
waste
being
combusted
is
not
a
solid
waste
but
an
off­
gas
from
their
steam
stripper.
Based
on
our
review,
your
comment
deals
specifically
with
the
combustion
of
solid
waste.
The
direct
final
rule
amends
subpart
Db
to
add
a
facility­
specific
NOx
limit
for
a
boiler,
currently
subject
to
subpart
Db,
that
combusts
residual
oil
and
a
waste
gas.
Our
approval
of
the
facilityspecific
NOx
limit
is
based
on
Weyerhaeuser's
representation
in
its
petition
that
this
is
the
combination
of
fuels
that
will
be
used
in
the
specified
boiler.
Before
switching
to
another
combination
of
fuels,
Weyerhaeuser
would
need
to
submit
a
petition
seeking
a
new
facilityspecific
NOx
limit
based
on
the
use
of
that
particular
combination
of
fuels
in
the
specified
boiler.
Therefore,
your
comment
is
considered
not
germane
to
the
direct
final
rule.
2
Again,
thank
you
for
your
comment.
Your
letter
and
this
response
will
be
entered
into
the
docket
for
consideration
in
any
future
rulemaking.

Sincerely,

James
A.
Eddinger
Combustion
Group
Emission
Standards
Division
cc:
Air
and
Radiation
Docket
(
6102)
