Commercial and Industrial Solid Waste Incineration Units: Reconsideration and Proposed Amendments; Non-Hazardous Secondary Materials That Are Solid Waste
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[December 23, 2011]

Commercial and Industrial Solid Waste Incineration Units: Reconsideration and Proposed Amendments; Non-Hazardous Secondary Materials That Are Solid Waste

Dec 23, 2011 (Environmental Protection Agency Documents and Publications/ContentWorks via COMTEX) -- SUMMARY: On March 21, 2011, the EPA promulgated its final response to the 2001 voluntary remand of the December 1, 2000, new source performance standards and emission guidelines for commercial and industrial solid waste incineration units and the vacatur and remand of several definitions by the District of Columbia Circuit Court of Appeals in 2007. Following that action, the Administrator received petition[s] for reconsideration as well as identified some issues that warrant further opportunity for public comment. In response to the petition[s], the EPA is reconsidering and requesting comment on several provisions of the final new source performance standards and emission guidelines for commercial and industrial solid waste incineration units.


In addition, the EPA is proposing amendments to the regulations which were codified by the Non-Hazardous Secondary Materials rule. Originally promulgated on March 21, 2011, the Non-Hazardous Secondary Materials rule provides the standards and procedures for identifying whether Non-Hazardous Secondary Materials are solid waste under the Resource Conservation and Recovery Act when used as fuels or ingredients in combustion units. The purpose of these proposed amendments is to clarify several provisions in order to implement the Non-Hazardous Secondary Materials rule as the Agency originally intended.

EFFECTIVE DATE: Comments must be received on or before February 21, 2012.


Public Hearing. If anyone contacts the EPA requesting to speak at a public hearing by January 3, 2012, a public hearing will be held on January 9, 2012. For further information on the public hearing and requests to speak, contact Ms. Janet Eck at (919) 541-7946 to verify that a hearing will be held.

ADDRESSES: Submit your comments on the commercial and industrial solid waste incineration reconsideration and proposed rule, identified by Docket ID No. EPA-HQ-OAR-2003-0119, by one of the following methods: * http://www.regulations.gov: Follow the on-line instructions for submitting comments.

* Email: a-and-r-Docket@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2003-0119.

* Fax: (202) 566-9744, Attention Docket ID No. EPA-HQ-OAR-2003-0119.

* Mail: EPA Docket Center (EPA/DC), Environmental Protection Agency, Mailcode 6102T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2003-0119. Please include a total of two copies. We request that a separate copy also be sent to the contact person identified below (see FOR FURTHER INFORMATION CONTACT).

* Hand Delivery: In person or by Courier, deliver comments to: EPA Docket Center (EPA/DC), Room 3334, 1301 Constitution Ave. NW., Washington, DC 20004. Such deliveries are accepted only during the docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Submit your comments on the Non-Hazardous Secondary Materials proposed rule, identified by Docket ID No. EPA-HQ-RCRA-2008-0329, by one of the following methods: * http://www.regulations.gov: Follow the on-line instructions for submitting comments.

* Email: Comments may be sent by electronic mail (email) to: rcra-docket@epa.gov, Attention Docket ID No. EPA-HQ-RCRA-2008-0329.

* Fax: Comments may be faxed to (202) 566-9744, Attention Docket ID No. EPA-HQ-RCRA-2008-0329.

* Mail: Send comments to: RCRA Docket, EPA Docket Center, Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-RCRA-2008-0329. Please include a total of two copies of your comments. We request that a separate copy also be sent to the contact person identified below (see FOR FURTHER INFORMATION CONTACT).

* Hand Delivery: Deliver two copies of your comments to: Environmental Protection Agency, EPA Docket Center, Room 3334, 1301 Constitution Avenue NW., Washington DC, Attention Docket ID No. EPA-HQ-RCRA-2008-0329. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments on the commercial and industrial solid waste incineration reconsideration and proposal to Docket ID No. EPA-HQ-OAR-2003-0119. Direct your comments on the Non-Hazardous Secondary Materials proposed rule to Docket ID No. EPA-HQ-RCRA-2008-0329. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential business information or other information whose disclosure is restricted by statute. Do not submit information that you consider to be confidential business information or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site is an "anonymous access" system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about the EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, EPA West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC. 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, and the telephone number for the Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For further information regarding the commercial and industrial solid waste incineration reconsideration and proposed rule, contact Ms. Toni Jones, Fuels and Incineration Group, Sector Policies and Programs Division (E143-05), Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-0316; fax number: (919) 541-3470; email address: jones.toni@epa.gov.

For further information regarding the Non-Hazardous Secondary Materials proposed rule, contact Mr. George Faison, Program Implementation and Information Division, Office of Resource Conservation and Recovery, 5303P, Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue NW., Washington, DC 20460-0002; telephone number: (703) 305-7652; fax number: (703) 308-0509; email address: faison.george@epa.gov.

SUPPLEMENTARY INFORMATION: Acronyms and Abbreviations. The following acronyms and abbreviations are used in this document.

7-PAH 7 Polyaromatic Hydrocarbons 16-PAH 16 Polyaromatic Hydrocarbons ACI Activated Carbon Injection ANPRM Advanced Notice of Proposed Rulemaking ANSI American National Standards Institute APA Administrative Procedure Act ARIPPA Anthracite Region Independent Power Producers Association ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials ATCM Air Toxic Control Measure BAT Best Available Technology Btu British Thermal Unit CAA Clean Air Act CARB California Air Resources Board CBI Confidential Business Information CBO Carbon burn-out Cd Cadmium CDX Central Data Exchange CEMS Continuous Emissions Monitoring Systems CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFR Code of Federal Regulations CISWI Commercial and Industrial Solid Waste Incineration CO Carbon Monoxide CO2 Carbon Dioxide Catalyst Carbon Monoxide Oxidation Catalyst Cl2 Chlorine Gas The Court U.S. Court of Appeals for the District of Columbia Circuit CSA Canadian Standards Association CWA Clean Water Act D/F Dioxin/Furan DIFF Dry Sorbent Injection Fabric Filter dscf Dry Standard Cubic Foot dscm Dry Standard Cubic Meter DSW Definition of Solid Waste EG Emission Guidelines EJ Environmental Justice EMPC Estimated Maximum Possible Concentration EOM Extractable Organic Matter EPA U.S. Environmental Protection Agency ERT Electronic Reporting Tool ERU Energy Recovery Unit ESP Electrostatic Precipitator FF Fabric Filters HAP Hazardous Air Pollutants HCl Hydrogen Chloride HF Hydrogen Fluoride (HF) Hg Mercury HMI Hospital, Medical and Infectious HMIWI Hospital, Medical and Infectious Waste Incineration HWC Hazardous Waste Combustor ICR Information Collection Request ISO International Standards Organization --This is a summary of a Federal Register article originally published on the page number listed below-- Proposed rules; Reconsideration of final rule.

CFR Part: "40 CFR Parts 60 and 241" RIN Number: "RIN 2060-AR15 and 2050-AG44" Citation: "76 FR 80452" Document Number: "EPA-HQ-OAR-2003-0119 and EPA-HQ-RCRA 2008-0329; FRL-9503-7" Federal Register Page Number: "80452" "Proposed Rules"

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