[Federal Register Volume 71, Number 56 (Thursday, March 23, 2006)]
[Rules and Regulations]
[Pages 14655-14656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2702]
[[Page 14655]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2004-0022; FRL-8047-7]
RIN 2050-AG29
NESHAP: National Emission Standards for Hazardous Air Pollutants:
Standards for Hazardous Air Pollutants for Hazardous Waste Combustors
AGENCY: Environmental Protection Agency (EPA).
ACTION: Administrative stay.
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SUMMARY: Pursuant to section 307(d)(7)(B) of the Clean Air Act (CAA),
EPA is issuing an administrative stay of one requirement of the
national emissions standards for hazardous air pollutants (NESHAP) for
hazardous waste combustors that were issued October 12, 2005, under
section 112 of the CAA. EPA is staying the effective date of the
standard for particulate matter for new cement kilns that burn
hazardous waste while EPA reconsiders this provision. The length of the
stay is three months, until June 23, 2006. During the period the stay
is in effect, new cement kilns are subject to the particulate matter
standard that was applicable prior to promulgation of the standard.
DATES: This final rule is effective on March 23, 2006. Section
63.1220(b)(7)(i) is stayed from March 23, 2006 until June 23, 2006.
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 the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
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 B-102, 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.
FOR FURTHER INFORMATION CONTACT: For more information on this
rulemaking, contact Frank Behan at (703) 308-8476, or
[email protected], Office of Solid Waste (MC: 5302W), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
SUPPLEMENTARY INFORMATION:
I. Regulated Entities
Entities potentially affected are those industrial facilities that
manufacture Portland cement. Portland cement manufacturing is
classified under Standard Industrial Classification (SIC) code 3241 and
the North American Industry Classification System (NAICS) code is
327310. Other types of entities could also be affected. To determine
whether your facility, company, business, organization, etc., is
regulated by this action, 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.
II. Administrative Stay
As proposed elsewhere in today's Federal Register, EPA is granting
the petition of Ash Grove Cement Company and the petition of the Cement
Kiln Recycling Coalition, Continental Cement Company, and Giant Cement
Holding, Inc. to reconsider the new source standard for particulate
matter for cement kilns that burn hazardous waste. That standard is
0.0023 gr/dscf corrected to 7 percent oxygen. 40 CFR 63.1220(b)(7)(i)
(70 FR at 59573 (October 12, 2005)).\1\ As set out in that notice, EPA
is proposing this action because it appears that the promulgated
standard is overly stringent in that it does not fully reflect the
variability of the best performing source over time. Additional
performance data from the source whose performance was the basis for
the standard supports this conclusion.
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\1\ The new source standard also contains an opacity
requirement. 40 CFR 63.1220(b)(7)(ii). EPA is not reconsidering or
staying that provision.
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EPA also has decided to stay the effective date of the new source
standard, pursuant to section 307(d)(7)(B) of the CAA. The duration of
this stay is consequently three months (``the rule may be stayed during
such reconsideration * * * by the Administrator * * * for a period not
to exceed three months''). We believe this administrative stay is
justified not only because the petitions for reconsideration appear to
have merit, but also because if the standard remains in place, new
cement kilns (and there are several contemplated) could decide not to
burn hazardous waste because they are unable to achieve the promulgated
standard. The kilns would then be subject to the less stringent
standard for particulate matter applicable to Portland cement kilns
that do not burn hazardous waste. 40 CFR 63.1343(c)(1). There is, thus,
a potential environmental detriment associated with the current
standard.
Accordingly, the effective date of 40 CFR 63.1220(b)(7)(i) is
stayed until June 23, 2006.\2\ In this action we are revising 40 CFR
63.1220(b)(7)(i) to reflect the dates that the administrative stay will
remain in effect. In addition, we are adding a new provision requiring
that new cement kiln sources must instead comply with the particulate
matter standard specified in 40 CFR 63.1204(b)(7) during the period of
the administrative stay. See 40 CFR 63.1220(b)(7)(iii). We want to
emphasize that all new sources will be subject to the particulate
matter standard of 40 CFR 63.1220(b)(7), whether or not it is revised
after EPA completes the reconsideration process for this standard.
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\2\ The opacity standard specified in 40 CFR 63.1220(b)(7)(ii)
is not affected by this stay and remains in effect as promulgated.
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List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: March 15, 2006.
Stephen L. Johnson,
Administrator.
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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
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1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 63.1220 is amended by revising paragraph (b)(7) to read as
follows:
Sec. 63.1220 What are the replacement standards for hazardous waste
burning cement kilns?
* * * * *
(b) * * *
[[Page 14656]]
(7) For particulate matter:
(i) Except as provided by paragraph (b)(7)(iii) of this section,
particulate matter emissions in excess of 0.0023 gr/dscf corrected to 7
percent oxygen.
(ii) Opacity greater than 20 percent, unless your source is
equipped with a bag leak detection system under Sec. 63.1206(c)(8) or
a particulate matter detection system under Sec. 63.1206(c)(9).
(iii) The particulate matter standard specified in paragraph
(b)(7)(i) of this section is stayed from March 23, 2006 to June 23,
2006. During the period that this stay is in effect, you must not emit
particulate matter in excess of 0.15 kg/Mg dry feed, as determined
according to the requirements under Sec. 63.1204(b)(7)(i) through
(iii).
* * * * *
[FR Doc. 06-2702 Filed 3-22-06; 8:45 am]
BILLING CODE 6560-50-P