Wednesday, October 12, 2005 Part II Environmental Protection Agency 40 CFR Parts 9, 63, 260 et al. National Emission Standards for Hazardous Air Pollutants: Final Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II); Final Rule VerDate Aug<31>2005 20:20 Oct 11, 2005 Jkt 208001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12OCR2.SGM 12OCR2 59402 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Rules and Regulations ENVIRONMENTAL PROTECTION chromium, dioxins and furans, DATES: The final rule is effective AGENCY hydrogen chloride and chlorine gas, December 12, 2005. The incorporation lead, manganese, and mercury. by reference of Method 0023A into 40 CFR Parts 9, 63, 260, 264, 265, 266, Exposure to these substances has been § 63.14 is approved by the Director of 270 and 271 demonstrated to cause adverse health the Federal Register as of December 12, [FRL–7971–8] effects such as irritation to the lung, 2005. skin, and mucus membranes, effects on ADDRESSES: The official public docket is RIN 2050–AE01 the central nervous system, kidney the collection of materials that is National Emission Standards for damage, and cancer. The adverse health available for public viewing at the Hazardous Air Pollutants: Final effects associated with exposure to these Office of Air and Radiation Docket and Standards for Hazardous Air Pollutants specific HAP are further described in Information Center (Air Docket) in the for Hazardous Waste Combustors the preamble. For many HAP, these EPA Docket Center, Room B–102, 1301 (Phase I Final Replacement Standards findings have only been shown with Constitution Ave., NW., Washington, and Phase II) concentrations higher than those DC. typically in the ambient air. FOR FURTHER INFORMATION CONTACT: For AGENCY: Environmental Protection This action also presents our decision Agency (EPA). more information concerning regarding the February 28, 2002 petition applicability and rule determinations, ACTION: Final rule. for rulemaking submitted by the Cement contact your State or local SUMMARY: This action finalizes national Kiln Recycling Coalition, relating to representative or appropriate EPA emission standards (NESHAP) for EPA’s implementation of the so-called Regional Office representative. For hazardous air pollutants for hazardous omnibus permitting authority under information concerning rule waste combustors (HWCs): hazardous section 3005(c) of the Resource development, contact Michael waste burning incinerators, cement Conservation and Recovery Act (RCRA). Galbraith, Waste Treatment Branch, kilns, lightweight aggregate kilns, That section requires that each permit Hazardous Waste Minimization and industrial/commercial/institutional issued under RCRA contain such terms Management Division, (5302W), U.S. boilers and process heaters, and and conditions as permit writers EPA, 1200 Pennsylvania Avenue, NW., hydrochloric acid production furnaces. determine to be necessary to protect Washington DC 20460, telephone EPA has identified HWCs as major human health and the environment. In number (703) 605–0567, fax number sources of hazardous air pollutant that petition, the Cement Kiln Recycling (703) 308–8433, electronic mail address (HAP) emissions. These standards Coalition requested that we repeal the [email protected]. implement section 112(d) of the Clean existing site-specific risk assessment SUPPLEMENTARY INFORMATION: Air Act (CAA) by requiring hazardous policy and technical guidance for Regulated Entities waste combustors to meet HAP emission hazardous waste combustors and that standards reflecting the performance of we promulgate the policy and guidance The promulgation of the final rule the maximum achievable control as rules in accordance with the would affect the following North technology (MACT). Administrative Procedure Act if we American Industrial Classification The HAP emitted by HWCs include continue to believe that site-specific risk System (NAICS) and Standard Industrial arsenic, beryllium, cadmium, assessments may be necessary. Classification (SIC) codes: SIC Category NAICS code code Examples of potentially regulated entities Any industry that combusts hazardous waste as defined in the final rule. 562211 4953 Incinerator, hazardous waste 327310 3241 Cement manufacturing, clinker production 327992 3295 Ground or treated mineral and earth manufac- turing 325 28 Chemical Manufacturers 324 29 Petroleum Refiners 331 33 Primary Aluminum 333 38 Photographic equipment and supplies 488, 561, 562 49 Sanitary Services, N.E.C. 421 50 Scrap and waste materials 422 51 Chemical and Allied Products, N.E.C 512, 541, 561, 812 73 Business Services, N.E.C. 512, 514, 541, 711 89 Services, N.E.C. 924 95 Air, Water and Solid Waste Management This table is not intended to be company, business, organization, etc., is Abbreviations and Acronyms Used in exhaustive, but rather provides a guide regulated by this action, you should This Document for readers regarding entities likely to be examine the applicability criteria in Part acfm actual cubic feet per minute regulated by this action. This table lists II of this preamble. If you have any Btu British thermal units examples of the types of entities EPA is questions regarding the applicability of CAA Clean Air Act now aware could potentially be this action to a particular entity, consult CFR Code of Federal Regulations regulated by this action. Other types of the person listed in the preceding FOR DRE destruction and removal efficiency entities not listed could also be affected. FURTHER INFORMATION CONTACT section. dscf dry standard cubic foot To determine whether your facility, dscm dry standard cubic meter VerDate Aug<31>2005 21:46 Oct 11, 2005 Jkt 208001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12OCR2.SGM 12OCR2 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Rules and Regulations 59403 EPA Environmental Protection Agency F. Testing Requirements IV. Use of Surrogates FR Federal Register G. Monitoring Requirements A. Particulate Matter as Surrogate for Metal gr/dscf grains per dry standard cubic foot H. Relationship Among Emission Rates, HAP HAP hazardous air pollutant(s) Emission Rate Limits, and Feedrate B. Carbon Monoxide/Hydrocarbons and ICR Information Collection Request Limits DRE as Surrogates for Dioxin/Furan kg/hr kilograms per hour I. Changes C. Use of Carbon Monoxide and Total kW-hour kilo Watt hour X. Overview on Floor Methodologies Hydrocarbons as Surrogate for Non- MACT Maximum Achievable Control Part Three: What Are the Major Changes Dioxin Organic HAP Technology Since Proposal? V. Additional Issues Relating to Variability mg/dscm milligrams per dry standard cubic I. Database and Statistics meter A. Hazardous Burning Incinerators A. Data Sets Containing Nondetects MMBtu million British thermal unit B. Hazardous Waste Cement Kilns B. Using Statistical Imputation to Address ng/dscm nanograms per dry standard cubic C. Hazardous Waste Lightweight Aggregate Variability of Nondetect Values meter Kilns C. Analysis of Variance Procedures to NESHAP national emission standards for D. Liquid Fuel Boilers Assess Subcategorization HAP E. HCl Production Furnaces VI. Emission Standards ng nanograms F. Total Chlorine Emissions Data Below 20 A. Incinerators POHC principal organic hazardous ppmv B. Cement Kilns constituent II. Emission Limits C. Lightweight Aggregate Kilns ppmv parts per million by volume A. Incinerators D. Liquid Fuel Boilers ppmw parts per million by weight B. Hazardous Waste Burning Cement Kilns E. General Pub. L. Public Law C. Hazardous Waste Burning Lightweight VII. Health-Based Compliance Alternative for RCRA Resource Conservation and Recovery Aggregate Kilns Total Chlorine Act D. Solid Fuel Boilers A. Authority for Health-Based Compliance SRE system removal efficiency E. Liquid Fuel Boilers Alternatives TEQ toxicity equivalence F. Hydrochloric Acid Production Furnaces B. Implementation of the Health-Based µg/dscm micrograms per dry standard cubic G. Dioxin/Furan Testing for Sources Not Standards meter Subject to a Numerical Standard C. National Health-Based Standards for U.S.C. United States Code III. Statistics and Variability Cement Kilns. A. Using Statistical Imputation to Address VIII. Implementation and Compliance Table of Contents Variability of Nondetect Values A. Compliance Assurance Issues for both Part One: Background and Summary B. Degrees of Freedom when Imputing a Fabric Filters and Electrostatic I. What Is the Statutory Authority for this Standard Deviation Using the Universal Precipitators (and Ionizing Wet Standard? Variability Factor for Particulate Matter Scrubbers) II. What Is the Regulatory Development Controlled by a Fabric Filter B. Compliance Assurance Issues for Fabric Background of the Source Categories in IV. Compliance Assurance for Fabric Filters, Filters the Final Rule? Electrostatic Precipitators, and Ionizing C. Compliance Issues for Electrostatic A. Phase I Source Categories Wet Scrubbers Precipitators and Ionizing Wet Scrubbers B. Phase II Source Categories V. Health-Based Compliance Alternative for D. Fugitive Emissions III. How Was the Final Rule Developed? Total Chlorine E. Notification of Intent to Comply and IV. What Is the Relationship Between the Part Four: What Are the Responses to Major Compliance Progress Report Final Rule and Other MACT Combustion Comments? F. Startup, Shutdown, and Malfunction Rules? I. Database Plan V. What Are the Health Effects Associated A. Revisions to the EPA’s