[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Proposed Rules]
[Pages 15266-15267]
[FR Doc No: 2011-4490]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2002-0058; EPA-HQ-OAR-2006-0790; EPA-HQ-OAR-2003-0119; FRL-
9272-7]
RIN 2060-AQ25; RIN 2060-AM44; RIN 2060-AO12

National Emission Standards for Hazardous Air Pollutants; Notice
of Reconsideration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of reconsideration of final rules.

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SUMMARY: EPA is initiating a reconsideration process with respect to
certain aspects of the national emission standards for hazardous air
pollutants (NESHAP) for new and existing sources for Major Source
Industrial, Commercial, and Institutional Boilers and Process Heaters;
the NESHAP for new and existing sources for Area Source Industrial,
Commercial, and Institutional Boilers; and standards of performance for
new Commercial and

Industrial Solid Waste Incineration Units and emission guidelines for
existing Commercial and Industrial Solid Waste Incineration Units
published as final rules elsewhere in this issue of this Federal
Register.

FOR FURTHER INFORMATION CONTACT: National Emission Standards for
Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and
Institutional Boilers and Process Heaters: Mr. Brian Shrager, Energy
Strategies Group, Sector Policies and Programs Division, (D243-01),
Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
Telephone number:<PHONE_NUMBER>; Fax number<PHONE_NUMBER>; E-mail
address<EMAIL_ADDRESS>    National Emission Standards for Hazardous Air Pollutants for Area
Sources: Industrial, Commercial, and Institutional Boilers: Mr. Jim
Eddinger, Energy Strategies Group, Sector Policies and Programs
Division, (D243-01), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; Fax number<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>    Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Commercial and Industrial Solid Waste
Incineration (CISWI) Units: Ms. Toni Jones, Natural Resource and
Commerce Group, Sector Policies and Programs Division (E143-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Reconsideration of the Emissions Standards for Major Boilers and
Process Heaters, Area Source Boilers, and Commercial and Industrial
Solid Waste Incinerators

    In separate final rules documents published elsewhere in today's
Federal Register, EPA is issuing emissions standards for new and
existing sources in the following source categories: Major source
boilers and process heaters, area source boilers, and commercial and
industrial solid waste incinerators. In this notice, we are convening a
proceeding for reconsideration of certain portions of these emissions
standards. The Agency is in the process of developing a proposed
reconsideration notice that identifies the specific elements of the
rules for which we believe further public comment is appropriate and
any provisions that we propose to modify after more fully evaluating
the data and comments already received. At that time, we may also seek
public comment on other aspects of the portions of the rules we decide
to reconsider in addition to other provisions in these rules. We will
also evaluate any petitions submitted to the Agency by members of the
public requesting that the Agency reconsider any aspects of these
rules. We intend to consider for inclusion in any forthcoming proposed
reconsideration notice all additional issues for which we determine
that reconsideration is appropriate.
    We recognize that certain issues of central relevance to these
rules arose after the period for public comment or may have been
impracticable to comment upon. Therefore, we believe that
reconsideration is appropriate under section 307(d)(7)(B) of the Clean
Air Act. While we have taken final action on the rules identified
above, and believe that the final rules reflect reasonable approaches
consistent with the requirements of the Clean Air Act, some of the
issues identified in the comments raise difficult technical issues that
we believe may benefit from additional public involvement.
    Therefore, we are initiating reconsideration of a number of issues
in the major and area sources boilers rules, and the commercial and
industrial solid waste incineration rule. The following issues concern
provisions in the final rules that are appropriate and consistent with
the requirements of the Act, but for which we believe reconsideration
and additional opportunity for public review and comment should be
obtained:
     Revisions to the proposed subcategories in the major
source boilers rule.
     Establishment of a fuel specification in the major source
boilers rule through which gas-fired boilers that use a fuel other than
natural gas may be considered Gas 1 units.
     Establishing work practice standards for limited use major
source boilers.
     Establishment of standards for biomass and oil-fired area
source boilers based on generally available control technology.
     Revision of the proposed subcategory for energy recovery
units for CISWI units.
     Establishment of limitations on fuel switching provisions
for CISWI units.
     Revision to the proposed definition of CISWI to exclude
cyclonic burn barrels.
     Providing an affirmative defense for malfunction events
for major and area source boilers and for CISWI units.
    The following additional issues concern actions taken in the final
rules for which we believe reconsideration under section 307(d) and,
potentially, further revisions may be warranted because they involve
issues of central relevance that arose after the period for public
comment or may have been impracticable to comment upon:
     Revisions to the proposed monitoring requirements for
carbon monoxide for major source boilers and for CISWI units.
     Revisions to the proposed dioxin emission limit and
testing requirement for major source boilers.
     Establishing a full-load stack test requirement for carbon
monoxide coupled with continuous oxygen monitoring for major source
boilers and CISWI units.
     Establishing a definition of ``homogenous waste'' in the
CISWI rule.
     Setting PM standards under generally available control
technology for oil-fired area source boilers.
     Certain findings regarding the applicability of Title V
permitting requirements for area source boilers.
    Additional information concerning issues and concerns presented by
commenters can be found in the dockets accompanying each of the rules
under reconsideration in today's notice.

List of Subjects

40 CFR Part 60

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

40 CFR Part 63

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

    Dated: February 21, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011-4490 Filed 3-18-11; 8:45 am]
BILLING CODE 6560-50-P