Rule: Approval and Promulgation of Implementation Plans: Amendments

18970 Federal Register / Vol. 73, No.
68 / Tuesday, April 8, 2008 / Rules and Regulations
EPA is publishing this rule without • Does not have Federalism enforce its requirements. (See section
prior proposal because the Agency implications as specified in Executive 307(b)(2).)
views this as a noncontroversial Order 13132 (64 FR 43255, August 10,
List of Subjects in 40 CFR Part 62
amendment and anticipates no adverse 1999);
comments. This action simply reflects • Is not an economically significant Environmental protection,
already existing Federal requirement for regulatory action based on health or Administrative practice and procedure,
state air pollution control agencies and safety risks subject to Executive Order Air pollution control, Reporting and
existing LMWC units that are subject to 13045 (62 FR 19885, April 23, 1997); recordkeeping requirements, Sulfur
the provisions of 40 CFR part 60, • Is not a significant regulatory action oxides, Waste treatment and disposal.
subpart Cb and related subpart Eb. subject to Executive Order 13211 (66 FR Dated: March 31, 2008.
However, in the ‘‘Proposed Rules’’ 28355, May 22, 2001); Donald S. Welsh,
section of today’s Federal Register, EPA • Is not subject to requirements of Regional Administrator, Region III.
is publishing a separate document that Section 12(d) of the National
will serve as the proposal to approve the Technology Transfer and Advancement ■ 40 CFR part 62 is amended as follows:
section 111(d)/129 plan revision should Act of 1995 (15 U.S.C. 272 note) because PART 62—[AMENDED]
relevant adverse or critical comments be application of those requirements would
filed. This rule will be effective June 9, be inconsistent with the Clean Air Act; ■ 1. The authority citation for Part 62
2008 without further notice unless EPA and continues to read as follows:
receives adverse comments by May 8, • Does not provide EPA with the Authority: 42 U.S.C. 7401 et seq.
2008. If EPA receives adverse discretionary authority to address, as
comments, EPA will publish a timely appropriate, disproportionate human Subpart V—Maryland
withdrawal in the Federal Register health or environmental effects, using
informing the public that the rule did practicable and legally permissible ■ 2. Section 62.5110 is amended by
not take effect. EPA will address all methods, under Executive Order 12898 redesignating the existing paragraph as
public comments in a subsequent final (59 FR 7629, February 16, 1994). paragraph (a) and adding paragraph (b)
rule based on the proposed rule. The In addition, this rule does not have to read as follows:
EPA will not institute a second tribal implications as specified by
comment period on this action. Any § 62.5110 Identification of plan.
Executive Order 13175 (65 FR 67249,
parties interested in commenting must November 9, 2000), because the 111(d)/ * * * * *
do so at this time. 129 plan is not approved to apply in ■ (b) On October 24, 2007, Maryland
Indian country located in the state, and submitted a revised State plan (Phase II)
IV. Statutory and Executive Order and related COMAR 26.11.08.01, .02,
Reviews EPA notes that it will not impose
substantial direct costs on tribal and .08 amendments as required by 40
Under the Clean Air Act, the governments or preempt tribal law. CFR part 60, subpart Cb, amended May
Administrator is required to approve a The Congressional Review Act, 5 10, 2006.
111(d)/129 plan submission that ■ 3. Section 62.5112 is amended by
U.S.C. 801 et seq., as added by the Small
complies with the provisions of the Act Business Regulatory Enforcement redesignating the existing paragraph as
and applicable Federal regulations. 42 Fairness Act of 1996, generally provides paragraph (a) and adding paragraph (b)
U.S.C. 7410(k); 40 CFR 52.02(a). Thus, that before a rule may take effect, the to read as follows:
in reviewing 111(d)/129 plan agency promulgating the rule must § 62.5112 Effective date.
submissions, EPA’s role is to approve submit a rule report, which includes a
state choices, provided that they meet * * * * *
copy of the rule, to each House of the ■ (b) The plan revision (Phase II) is
the criteria of the Clean Air Act. Congress and to the Comptroller General
Accordingly, this action merely effective June 9, 2008.
of the United States. EPA will submit a
approves state law as meeting Federal report containing this action and other [FR Doc. E8–7347 Filed 4–7–08; 8:45 am]
requirements and does not impose required information to the U.S. Senate, BILLING CODE 6560–50–P
additional requirements beyond those the U.S. House of Representatives, and
imposed by state law. For that reason, the Comptroller General of the United
this action: States prior to publication of the rule in ENVIRONMENTAL PROTECTION
• Is not a ‘‘significant regulatory the Federal Register. A major rule AGENCY
action’’ subject to review by the Office cannot take effect until 60 days after it
of Management and Budget under is published in the Federal Register. 40 CFR Parts 63, 264 and 266
Executive Order 12866 (58 FR 51735, This action is not a ‘‘major rule’’ as [EPA–HQ–OAR–2004–0022; FRL–8549–4]
October 4, 1993); defined by 5 U.S.C. 804(2).
• Does not impose an information Under section 307(b)(1) of the Clean RIN 2050–AG35
collection burden under the provisions Air Act, petitions for judicial review of
of the Paperwork Reduction Act (44 NESHAP: National Emission Standards
this action must be filed in the United
U.S.C. 3501 et seq.); for Hazardous Air Pollutants:
States Court of Appeals for the
Standards for Hazardous Waste
• Is certified as not having a appropriate circuit by June 9, 2008.
Combustors; Amendments
significant economic impact on a Filing a petition for reconsideration by
substantial number of small entities the Administrator of this final rule does AGENCY: Environmental Protection
under the Regulatory Flexibility Act (5 not affect the finality of this action for Agency (EPA).
U.S.C. 601 et seq.); the purposes of judicial review nor does ACTION: Final rule.
• Does not contain any unfunded
rwilkins on PROD1PC63 with RULES
it extend the time within which a

mandate or significantly or uniquely petition for judicial review may be filed, SUMMARY: EPA is finalizing amendments
affect small governments, as described and shall not postpone the effectiveness to the national emission standards for
in the Unfunded Mandates Reform Act of such rule or action. This action may hazardous air pollutants (NESHAP) for
of 1995 (Pub. L. 104–4); not be challenged later in proceedings to hazardous waste combustors, which
VerDate Aug<31>2005 16:20 Apr 07, 2008 Jkt 214001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1
Federal Register / Vol. 73, No. 68 / Tuesday, April 8, 2008 / Rules and Regulations 18971
EPA promulgated on October 12, 2005. Although listed in the index, some telephone number is (202) 566–1742.
The amendments to the October 2005 information is not publicly available, The Public Reading Room is open from
final rule clarify several compliance and e.g., confidential business information 8:30 a.m. to 4:30 p.m., Monday through
monitoring provisions, and also correct or other information the disclosure of Friday, excluding legal holidays. The
several omissions and typographical which is restricted by statute. Certain telephone number for the Public
errors in the final rule. We are finalizing other material, such as copyrighted Reading Room is (202) 566–1744. A
the amendments to facilitate compliance material, is not placed on the Internet reasonable fee may be charged for
and improve understanding of the final and will be publicly available only in copying docket materials.
rule requirements. This rule does not hard copy form. Publicly available FOR FURTHER INFORMATION CONTACT: For
address issues for which petitioners docket materials are available either more information on this rulemaking,
sought reconsideration. Nor does it electronically through http:// contact Frank Behan at (703) 308–8476,
address issues raised in EPA’s comment www.regulations.gov or in hard copy at
solicitation of September 27, 2007. or behan.frank@epa.gov, Office of Solid
the HQ EPA Docket Center, Docket ID Waste (MC: 5302P), U.S. Environmental
DATES: The final rule is effective on No. EPA–HQ–OAR–2004–0022, EPA Protection Agency, 1200 Pennsylvania
April 8, 2008. West Building, Room 3334, 1301 Ave., NW., Washington, DC 20460.
ADDRESSES: EPA has established a Constitution Ave., NW., Washington,
docket for this action under Docket ID DC 20004. This Docket Facility is open SUPPLEMENTARY INFORMATION:
No. EPA–HQ–OAR–2004–0022. All from 8:30 a.m. to 4:30 p.m., Monday Entities Potentially Affected by This
documents in the docket are listed on through Friday, excluding legal Rule. Categories and entities potentially
http://www.regulations.gov Web site. holidays. The HQ EPA Docket Center affected by this rule include:
Category NAICS code a Potentially affected entities
Petroleum and coal products manufacturing ........................... 324 Any entity that combusts hazardous waste as defined in the
Chemical manufacturing ........................................................... 325 final rule.
Cement and concrete product manufacturing .......................... 3273
Other nonmetallic mineral product manufacturing ................... 3279
Waste treatment and disposal .................................................. 5622
Remediation and other waste management services .............. 5629
a North American Industry Classification System.
This table is not intended to be the District of Columbia Circuit by June criminal proceedings brought by EPA to
exhaustive, but rather provides a guide 9, 2008. Section 307(d)(7)(B) of the CAA enforce these requirements.
for readers regarding entities likely to be provides that ‘‘[o]nly an objection to a Organization of This Document. The
impacted by this rule. This table lists rule or procedure which was raised with information presented in this preamble
examples of the types of entities EPA is reasonable specificity during the period is organized as follows:
now aware could potentially be for public comment (including any
regulated by this action. Other types of public hearing) may be raised during I. Background
entities not listed could also be affected. judicial review.’’ This section also A. What Is the Source of Authority for the
To determine whether your facility, provides a mechanism for us to convene Development of NESHAP?
B. How Did the Public Participate in
company, business, organization, etc., is a proceeding for reconsideration, ‘‘[i]f
Developing the Amendments to the Final
affected by this rule, you should the person raising an objection can
Rule?
examine the applicability criteria in 40 demonstrate to the EPA that it was II. Summary of the Final Amendments
CFR 63.1200. If you have any questions impracticable to raise such objection A. Proposed Amendments for Which No
regarding the applicability of this action within [the period for public comment] Adverse Comments Were Received
to a particular entity, consult the person or if the grounds for such objection B. Proposed Amendments for Which
listed in the preceding FOR FURTHER arose after the period for public Comments Were Received
INFORMATION CONTACT section. comment (but within the time specified 1. Calculating Rolling Averages
How Do I Obtain a Copy of This for judicial review) and if such objection 2. Expressing Particulate Matter Standards
Document and Other Related is of central relevance to the outcome of Using the International System of Units
Information? In addition to being the rule.’’ Any person seeking to make 3. Corrections to the Notice of Intent To
available in the docket, an electronic such a demonstration to us should Comply (NIC) Provisions for New Units
copy of today’s rule will also be submit a Petition for Reconsideration to C. Corrections to the Startup, Shutdown,
available on the on the World Wide the Office of the Administrator, U.S. and Malfunction Plan Provisions
Web. Following the Administrator’s EPA, Room 3000, Ariel Rios Building, D. Time Lines
signature, a copy of this document may 1200 Pennsylvania Ave., NW., III. Impacts of the Final Rule
be posted at http://www.epa.gov/ Washington, DC 20460, with a copy to A. What facilities are affected by the final
both the person listed in the preceding amendments?
hwcmact. This Web site also provides
B. What are the impacts of the final rule?
other information related to the FOR FURTHER INFORMATION CONTACT
IV. Statutory and Executive Order Reviews
NESHAP for hazardous waste section, and the Associate General
A. Executive Order 12866: Regulatory
combustors including the NESHAP Counsel for the Air and Radiation Law Planning and Review
issued on October 12, 2005 (70 FR Office, Office of General Counsel (Mail B. Paperwork Reduction Act
59402). Code 2344A), U.S. EPA, 1200 C. Regulatory Flexibility Act
Judicial Review. Under section Pennsylvania Ave., NW., Washington, D. Unfunded Mandates Reform Act
307(b)(1) of the Clean Air Act, judicial DC 20004. Moreover, under section E. Executive Order 13132: Federalism
review of the final action is available 307(b)(2) of the CAA, the requirements F. Executive Order 13175: Consultation
only by filing a petition for review in established by the final action may not and Coordination With Indian Tribal
the United States Court of Appeals for be challenged separately in any civil or Governments
18972 Federal Register / Vol. 73, No. 68 / Tuesday, April 8, 2008 / Rules and Regulations
G. Executive Order 13045: Protection of aggregate kilns), industrial/commercial/ to Subpart EEE of 40 CFR part 63. The
Children From Environmental Health institutional boilers and process heaters, amendments revise several compliance
Risks and Safety Risks and hydrochloric acid production and monitoring provisions in response
H. Executive Order 13211: Actions furnaces were among the listed
Concerning Regulations That
to questions and issues raised by
categories of sources. Major sources of entities affected by the rule. The revised
Significantly Affect Energy Supply,
Distribution, or Use
HAP are those sources that have the provisions are effective immediately,
I. National Technology Transfer and potential to emit at least 10 tons per and today’s final rule does not change
Advancement Act year of any one HAP or 25 tons per year the October 14, 2008 compliance date
J. Executive Order 12898: Federal Actions of any combination of HAP. established by the October 12, 2005
To Address Environmental Justice in final rule. See also Section III (Time
B. How Did the Public Participate in
Minority Populations and Low-Income
Populations Developing the Amendments to the Lines for compliance activities) in
K. Congressional Review Final Rule? today’s action. Sources can readily
The final rule was published on comply with the revised provisions
I. Background promulgated today within the
October 12, 2005 (70 FR 59402) and
A. What Is the Source of Authority for codified in 40 CFR part 63, subpart EEE. compliance time frames established by
the Development of NESHAP? Following publication of the final rule, the October 12, 2005 final rule. See
two industry trade associations § 63.1206(a).
Section 112(c) of the Clean Air Act identified a number of typographical
requires EPA to list categories and errors and suggested several potential A. Proposed Amendments for Which No
subcategories of major sources and area compliance and monitoring Adverse Comments Were Received
sources of hazardous air pollutants amendments and clarifications to the
(HAP) and to establish NESHAP for the In the September 6, 2006 proposal, we
rule.1 On September 6, 2006, we proposed several corrections and
listed source categories and published proposed amendments (71 FR
subcategories. Hazardous waste clarifications to the NESHAP for
at 52639) to address these issues and
combustors include incinerators, hazardous waste combustors. 71 FR at
sought public comment on the proposed
cement kilns, lightweight aggregate 52639–642, 52645–646. We received no
amendments.2 EPA received comments
kilns, boilers, and hydrochloric acid from five entities. Today’s action adverse comments on the majority of the
production furnaces that burn presents EPA’s responses to those corrections and clarifications (see Table
hazardous waste. EPA’s initial list of comments and promulgates 1 below). Therefore, we are
categories of major and area sources of amendments to Subpart EEE of 40 CFR promulgating those provisions, as
HAP was published on July 16, 1992 (57 part 63. proposed, without further discussion.3
FR 31576). Hazardous waste The reader is referred to the September
incinerators, Portland cement II. Summary of the Final Amendments 2006 proposed rule for background on
manufacturing, clay products In today’s notice, we are announcing these changes.
manufacturing (including lightweight our final action on several amendments
TABLE 1.—SUMMARY OF AMENDMENTS FOR WHICH NO ADVERSE COMMENTS WERE RECEIVED

Preamble section in
September 2006 Subject of proposed amendment Code of Federal Register (CFR) section(s) amended
proposed rule
V.A .............................. Sunset Provision for the Interim Standards ........................ 63.1203(e), 63.1204(i), 63.1205(e).
V.B .............................. Operating Parameter Limits for Sources with Fabric Filters 63.1206(c)(9).
V.C .............................. Confirmatory Performance Testing Not Required for 63.1207(b)(3)(vi).
Sources That Are Not Subject to a Numerical Dioxin/
Furan Emission Standard.
V.D .............................. Periodic Performance Test for Phase I Sources ................. 63.1207(d).
V.E .............................. Performance Test Waiver for Sources Subject to Haz- 63.1207(m).
ardous Waste Thermal Concentration Limits.
V.F ............................... Averaging Method When Calculating 12-Hour Rolling Av- 63.1209(n)(2)(iii).
erage Thermal Concentration Limits.
V.I ................................ Timing of the Periodic Review of Eligibility for the Health- 63.1215(h)(2)(i).
Based Compliance Alternatives for Total Chlorine.
V.K .............................. Mercury Standards for Cement Kilns .................................. 63.1220(a)(2) and (b)(2), 63.1209(l)(1)(iii).
V.L ............................... Facilities Operating Under RCRA Interim Status ................ None. Interpretation of existing regulations (see 71 FR at
52642).
VII.A ............................ Miscellaneous Typographical Errors ................................... 63.1206(a)(2) heading, 63.1206(a)(2)(ii)(A),
63.1206(b)(16), 63.1210(b), 63.1215(a)(2),
63.1215(b)(2), 63.1215(b)(3), 63.1215(b)(6)(ii)(C),
63.1215(f)(5)(ii)(A), 63.1217(a)(6)(ii), 63.1217(b)(6)(ii).
1 See docket items EPA–HQ–OAR–2004–0022– petitions for reconsideration is not included in conform with existing § 63.1207(b)(3) to clarify
0551 and 0552. today’s action. See Sections II, III, and IV of the further that confirmatory performance testing is not
2 In addition to soliciting comment on the rule September 2006 notice for additional information required for sources that are not subject to a
amendments discussed in this action, EPA also on the reconsideration proceedings. Nor does this numerical D/F emission standard: solid fuel boilers
requested comment on other issues in the final rule address any of the issues raised by EPA’s and hydrochloric acid production furnaces;
September 6, 2006 proposed rule. The other issues solicitation of comment published on September lightweight aggregate kilns that are not subject to a
related to our response to four petitions for 27, 2007 (72 FR 54875). numerical dioxin/furan emission standard under
reconsideration that were submitted to the 3 Please note, however, that we have revised § 63.1221; and liquid fuel boilers that are not
Administrator pursuant to section 307(d)(7)(B) of proposed § 63.1207(d)(2), which prescribes the subject to a numerical dioxin/furan emission
the Clean Air Act. EPA’s final response to the schedule for confirmatory performance testing, to standard under § 63.1217.
TABLE 1.—SUMMARY OF AMENDMENTS FOR WHICH NO ADVERSE COMMENTS WERE RECEIVED—Continued

Preamble section in
September 2006 Subject of proposed amendment Code of Federal Register (CFR) section(s) amended
proposed rule
VII.B ............................ Citation Corrections ............................................................. 63.1206(b)(14)(iv), 63.1207(g)(2)(i) and (ii),

63.1209(n)(2)(vii), 63.1215(a)(1)(i), 264.340(b),
266.100(b)(3).
VII.C ............................ Corrections to the NIC Provisions for New Units ................ 63.1212(b)(1) and (b)(3).
VII.D ............................ Clarification of the Applicability of Title V Permit Require- None. Interpretation of existing regulations (see 71 FR at
ments to Phase 2 Area Sources. 52646).
We also received no adverse comment complicates data management and requirement for one-minute updates in
on the proposed amendments described could require increased data storage. discussing how compliance with the 12-
in Section V.G (Calculating Rolling Response: We believe that hour thermal feed rate limits would be
Averages for Averaging Periods in complications to data management or monitored. In that discussion we said
Excess of 12 Hours) of the September 6, increases in data storage requirements, that ‘‘For compliance, you would
2006 preamble citation. That discussion if any, are negligible. Phase I sources— continuously monitor the feed rate of
described our intent to simplify the incinerators, cement kilns, and hazardous waste on a 12-hour rolling
monitoring requirements for sources lightweight aggregate kilns—have been average updated each minute or, for
that select mercury or semivolatile complying with 12-hour averages standards based on normal emissions,
metal feedrate limits averaged over updated each minute for several years on an annual rolling average updated
periods greater than 12 hours. As without significant problems. each hour.’’ Id. at 21312.
described in the preamble, this would Furthermore, data storage is not Given that we have consistently
require identical changes to four measurably affected. These continuous required rolling averages of 12 hours or
paragraphs of the regulation: monitors are required to record a data less to be updated each minute and we
§§ 63.1209(n)(2)(v)(A)(2)(iv), point at least once each minute, have never discussed or proposed any
63.1209(n)(2)(v)(A)(3)(v), regardless of the whether the rolling changes to that approach, we find ample
63.1209(l)(1)(ii)(B)(5), and average value for determining evidence that the addition of hourly
63.1209(l)(1)(ii)(C)(5). However, compliance is updated each minute or updates for these parameters in the final
corresponding regulatory changes to the each hour. Consequently, the amount of replacement standards were, as we
latter three paragraphs were recorded data is not significantly asserted in the proposed rule,
inadvertently omitted from the affected under either approach to inadvertent. Furthermore, we find no
September 2006 proposed rule. In calculating the rolling average. support for the commenter’s claim that
today’s rule, we are correcting this Phase I sources have been required to data management or data storage
oversight by promulgating the language update their 12-hour rolling average requirements are significantly affected
proposed for § 63.1209(n)(2)(v)(A)(2)(iv) feed rate data each minute ever since under either approach. Therefore, we
in all four paragraphs. the hazardous waste combustor MACT have removed the references to hourly
rule was first promulgated in 1999. A updates, as proposed.
B. Proposed Amendments for Which
Comments Were Received ‘‘rolling average’’ was defined in that 2. Expressing Particulate Matter
rule as ‘‘the average of all one-minute Standards Using the International
1. Calculating Rolling Averages averages over the averaging period.’’ System of Units
That definition has remained the same a. Summary of the Final Action. We
a. Summary of the Final Action. We through the interim standards (for Phase
are revising §§ 63.1209(n)(2)(v)(B)(1), proposed to revise the particulate matter
I sources) and the replacement standards expressed in English units
63.1209(n)(2)(v)(B)(2), and standards. We have consistently
63.1209(o)(1)(ii)(A)(3) as proposed on (gr/dscf) in §§ 63.1216 through 63.1221
interpreted the definition to require that by converting and expressing the
September 6, 2006. 71 FR at 52640. a new rolling average be calculated each
These changes are intended to clarify standards using the International
minute. See, for example, the preamble System of Units (SI). 71 FR at 52641.
that data for demonstrating compliance discussion in the September 30, 1999
with feed rate limits of up to a 12-hour However, after considering the
rule which says, while discussing how comments received in response to the
rolling average must be updated each to calculate rolling averages upon initial
minute. In addition, proposed rule, we are not revising the
startup, ‘‘Given that the one-hour, and standards as proposed. Thus, we are
§ 63.1209(n)(2)(v)(B)(1)(i) is modified to 12-hour rolling averages for limits on
confirm that the chromium feed rate retaining the format of the particulate
various parameters must be updated matter standards as promulgated in the
limit for boilers burning liquid each minute * * *’’ 64 FR at 52924.
hazardous waste with a heating value of October 12, 2005 final rule.
In the 2004 replacement standards b. What Are the Responses to Major
10,000 Btu/lb or greater is a 12-hour proposed rule, we first introduced the
rolling average limit. Comments?
concept of hourly updates to rolling Comment: We received three
b. What Are the Responses to Major averages, but only in the context of comments on this topic. One supported
Comments? monitoring compliance with annual revising the particulate matter standards
Comment: We received two comments rolling average feed rate limits. See 69 by expressing all particulate matter
on this topic. One supported the FR at 21312. At no time did we discuss standards in SI units as proposed. Two
changes as proposed. The other or propose any change to the long- other commenters opposed the
commenter objected to updating the 12- standing requirement that rolling proposed revisions because converting a
hour average every minute rather than averages of 12 hours or less be updated standard from gr/dscf to mg/dscm and
every hour, arguing that this each minute. In fact, we reiterated the rounding to two significant figures can
increase (and apparently does for at reflect a comment we received (see require the informal public meeting for
least one affected source) the stringency below). We are now further subdividing new units to be held no earlier than 30
of the standard. the paragraphs to explicitly differentiate days following notice of the informal
Response: Given that the proposed between ‘‘existing units’’ and ‘‘new meeting, as opposed to no later than 30
conversion to SI units can increase the units.’’ Also, to further clarify that new days following the notice. Also, we have
stringency of the promulgated standard units are subject to the same NIC revised § 63.1212(b)(4) to state that the
in some instances, we are not revising requirements, we have added a new informal public meeting must be held
the particulate matter standards as paragraph (b)(5) to § 63.1212 with no earlier than 30 days following notice
proposed. We do not believe the respect to the final NIC. While it of the meeting, so that it is consistent
proposed revisions are appropriate essentially mirrors § 63.1210(b)(3), we with § 63.1210(c)(1). Finally, as noted
because a source currently complying believe it is important to clearly indicate above, a new paragraph (b)(5) is added
with the standard expressed in English all applicable NIC provisions for new to § 63.1212 regarding submission of the
units could find itself suddenly out of units in § 63.1212. final NIC.
compliance if the standard were b. What Are the Responses to Major
C. Corrections to the Startup, Shutdown,
converted to SI units, after rounding the Comments?
Comment: One comment was received and Malfunction Plan Provisions
result to two significant figures. We
believe this would be an inappropriate in response to the proposed This action also corrects a ministerial
outcome for this ‘‘housekeeping’’ amendments. The commenter noted that error by EPA that lead to inadvertent
amendment. the proposed § 63.1210(c)(1) language revision of § 63.1206(c)(2)(v). In a 2006
retains the 10 month deadline, but also final rule amending the Part 63 general
3. Corrections to the Notice of Intent To requires that the meeting must be held provisions, EPA made conforming
Comply (NIC) Provisions for New Units no later than 30 days following the changes to many individual MACT
a. Summary of the Final Action. We notice. The 30 day advance notice standards that merely incorporate the
proposed several corrections to the NIC language of § 63.1210(c)(3) was retained. startup, shutdown and malfunction
regulatory provisions for new units to This puts the facility in a position of (SSM) requirements of the general
accurately reflect the time frames for having to issue the public notice provisions. 71 FR 20446 (April 20,
holding the informal public meeting and precisely 30 days before the public 2006). In doing so, EPA inadvertently
submitting a final NIC. See 71 FR at meeting (i.e., facilities have two 30 day revised the SSM provisions tailored
52645–646. Specifically, we made deadlines, one working backward from specifically for HWC facilities. Today,
corrections to the time line (Figure 2; 71 the meeting date and one working we are correcting that inadvertent error.
FR at 52644), and proposed to revise forward from the notice date). The Accordingly, we are revising
§ 63.1210(b)(3) and (c)(1), which are the commenter suggested that the § 63.1206(c)(2)(v)(A)(2) and
core requirements for the informal requirements for new units and existing (c)(2)(v)(B)(4) so that they read as they
public meeting and final NIC. We units be presented as two separate did before the April 20, 2006 revisions.
explained that it was our intent to paragraphs to better represent the
clarify that existing units’ NIC deadlines D. Time Lines
timelines for each.
were based upon the effective date of Response: We agree with the In the September 2006 proposed rule,
the rule (e.g., ‘‘* * * no later than one commenter. The few words added to we noted several errors in the time lines
year following the effective date § 63.1210(c)(1) do not clearly published in the October 12, 2005 final
* * *’’), whereas new units’’ NIC differentiate between existing and new rule. See 70 FR 59524–525 and 71 FR
deadlines were based upon a set number units’ NIC deadlines. The reference in at 52642–644. Consequently, we revised
of days between NIC compliance § 63.1210(c)(1) to the ‘‘* * * no later the time lines, Figures 1 and 2, to reflect
activities (e.g., ‘‘* * * or 60 days than 10 months after the effective date the correct dates and time frames
following the informal public meeting’’). * * *’’ was intended only for existing associated with compliance activities
This was necessary because the final units and the proposed reference to for Phase 1 (i.e., incinerators, cement
rule effective date has no bearing on ‘‘* * * or 30 days following notice kilns, and lightweight aggregate kilns)
new units. We further explained that * * *’’ was intended only for new and Phase 2 sources (i.e., liquid and
since the public meetings for the NIC units. The way the paragraph reads solid fuel boilers and hydrochloric acid
and the RCRA pre-application are to gives the appearance that both production furnaces). In addition, we
occur simultaneously for new units, we references may be applicable to all discussed the time line revisions and
anticipate new units will plan units. Therefore, if one reads the 30 day why the changes were necessary, as well
accordingly and work with their reference in § 63.1210(c)(1) to also apply as providing some clarifying remarks.
permitting authorities to determine the to existing units, along with the 30 day We did not receive any public
most suitable time to begin the NIC reference which was retained in comments on the revised time lines that
compliance process. § 63.1210(c)(3), it creates the situation were published in the proposed rule.
Today we are amending which the commenter correctly For the reader’s convenience, we are
§ 63.1210(b)(3) and (c)(1) to accurately identifies. publishing the time lines again in
reflect the time frames for holding the We have subdivided § 63.1210(c)(1) today’s final rule. Please refer to the
informal public meeting and submitting (as well as § 63.1210(b)(3)) to clearly proposal for the accompanying
a final NIC for new units. However, the designate applicability for existing and discussion of the time lines. 71 FR at
amendments are not finalized as new units as the commenter suggests. 52642–643.
proposed, but rather were revised to Section 63.1210(c)(1) is revised to BILLING CODE 6560–50–P
ER08AP08.000</GPH>
BILLING CODE 6560–50–C

ER08AP08.001</GPH>
III. Impacts of the Final Rule to generate, maintain, retain, or disclose employees or by the dollar amount of
or provide information to or for a sales). We found that few—a total of
A. What facilities are affected by the
Federal agency. This includes the time eight out of 145 facilities—of the
final amendments?
needed to review instructions; develop, sources affected by the October 2005
A description of the affected source acquire, install, and utilize technology rule were owned by small businesses.
categories is discussed in the April 20, and systems for the purposes of Finally, our analysis indicated that none
2004 proposed rule. 69 FR at 21207–09. collecting, validating, and verifying of these facilities are likely to incur
In the October 12, 2005 final rule, we information, processing and annualized compliance costs greater
estimated that there are a total of 267 maintaining information, and disclosing than one percent of gross annual
sources subject to the rule requirements, and providing information; adjust the corporate revenues. Cost impacts were
including 116 boilers (104 liquid fuel existing ways to comply with any found to range from less than 0.01
boilers and 12 solid fuel boilers), 92 on- previously applicable instructions and percent to 0.46 percent of annual gross
site incinerators, 25 cement kilns, 15 requirements; train personnel to be able corporate revenues. 70 FR at 59538.
commercial incinerators, 9 lightweight to respond to a collection of
aggregate kilns, and 10 hydrochloric information; search data sources; Although this final rule will not have
acid production furnaces. 70 FR at complete and review the collection of a significant economic impact on a
59530. While we are aware of several information; and transmit or otherwise substantial number of small entities,
changes to the universe of operating disclose the information. EPA nonetheless has tried to reduce the
hazardous waste combustors, these An agency may not conduct or impact of this rule on small entities. We
estimates remain a reasonable sponsor, and a person is not required to note that today’s final rule does not alter
representation of existing operating respond to a collection of information the number or type of small businesses
sources.4 unless it displays a currently valid OMB that were discussed in the October 12,
control number. The OMB control 2005 final rule. Additionally today’s
B. What are the impacts of the final rule does not have any significant new
rule? numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9. regulatory requirements as compared to
The rule amendments do not change the requirements discussed in the
any of the impacts presented in the C. Regulatory Flexibility Act October 12, 2005 final rule.
preamble to the October 12, 2005 final The Regulatory Flexibility Act (RFA)
rule. See 70 FR at 59529–35. generally requires an agency to prepare D. Unfunded Mandates Reform Act
IV. Statutory and Executive Order a regulatory flexibility analysis of any Title II of the Unfunded Mandates
Reviews rule subject to notice and comment Reform Act of 1995 (UMRA), Public
rulemaking requirements under the Law 104–4, establishes requirements for
A. Executive Order 12866: Regulatory Administrative Procedure Act or any
Planning and Review Federal agencies to assess the effects of
other statute unless the agency certifies
their regulatory actions on State, local,
This action is not a ‘‘significant that the rule will not have a significant
and tribal governments and the private
regulatory action’’ under the terms of economic impact on a substantial
sector. Under section 202 of the UMRA,
Executive Order 12866 (58 FR 51735, number of small entities. Small entities
EPA generally must prepare a written
October 4, 1993) and is therefore not include small businesses, small
organizations, and small governmental statement, including a cost-benefit
subject to OMB review. analysis, for proposed and final rules
jurisdictions.
B. Paperwork Reduction Act For purposes of assessing the impacts with ‘‘Federal mandates’’ that may
This action does not impose any new of today’s rule on small entities, small result in expenditures to State, local,
information collection burden because entity is defined as: (1) A small business and tribal governments, in the aggregate,
there is no additional burden on as defined by the Small Business or to the private sector, of $100 million
affected sources as a result of the final Administration’s (SBA) regulations at 13 or more in any one year. Before
rule. However, the Office of CFR 121.201; (2) a small governmental promulgating an EPA rule for which a
Management and Budget (OMB) has jurisdiction that is a government of a written statement is needed, section 205
previously approved the information city, county, town, school district or of the UMRA generally requires EPA to
collection requirements contained in the special district with a population of less identify and consider a reasonable
existing regulations (see 40 CFR part 9) than 50,000; and (3) a small number of regulatory alternatives and
under the provisions of the Paperwork organization that is any not-for-profit adopt the least costly, most cost-
Reduction Act, 44 U.S.C. 3501 et seq. enterprise which is independently effective or least burdensome alternative
and has assigned OMB control number owned and operated and is not that achieves the objectives of the rule.
2050–0171, EPA ICR number 1773.08. A dominant in its field. The provisions of section 205 do not
copy of the OMB approved Information After considering the economic apply when they are inconsistent with
Collection Request (ICR) may be impacts of today’s final rule on small applicable law. Moreover, section 205
obtained by writing to: Director, entities, I certify that this action will not allows EPA to adopt an alternative other
Collection Strategies Division; U.S. have a significant economic impact on than the least costly, most cost-effective
Environmental Protection Agency a substantial number of small entities. or least burdensome alternative if the
(2822T); 1200 Pennsylvania Ave., NW., As discussed in the October 12, 2005 Administrator publishes with the final
Washington, DC 20460 or by calling final rule (which today’s final rule rule an explanation why that alternative
(202) 566–1700. amends), we determined that hazardous was not adopted. Before EPA establishes
Burden means the total time, effort, or waste combustion facilities are not any regulatory requirements that may
financial resources expended by persons owned by small governmental significantly or uniquely affect small
jurisdictions or nonprofit organizations. governments, including tribal

4 Given the small size of the lightweight aggregate
70 FR at 59538. Therefore, in that rule governments, it must have developed
kiln category, it is worth mentioning that the Solite
Cascade plant in Virginia has ceased operations.
only small businesses were analyzed for under section 203 of the UMRA a small
Prior to closure, this plant operated four kiln small entity impacts (a small entity was government agency plan. The plan must
sources. See also 70 FR at 59426. defined either by the number of provide for notifying potentially
affected small governments, enabling F. Executive Order 13175: Consultation I. National Technology Transfer and
officials of affected small governments and Coordination With Indian Tribal Advancement Act
to have meaningful and timely input in Governments
the development of EPA regulatory As noted in the proposed rule,
proposals with significant Federal Executive Order 13175, entitled Section 12(d) of the National
intergovernmental mandates, and ‘‘Consultation and Coordination with Technology Transfer and Advancement
informing, educating, and advising Indian Tribal Governments’’ (65 FR Act of 1995 (‘‘NTTAA’’), Public Law No.
small governments on compliance with 67249, November 9, 2000), requires EPA 104–113, 12(d) (15 U.S.C. 272 note)
the regulatory requirements. to develop an accountable process to directs EPA to use voluntary consensus
EPA has determined that this rule ensure ‘‘meaningful and timely input by standards in its regulatory activities
does not contain a Federal mandate that tribal officials in the development of unless to do so would be inconsistent
may result in expenditures of $100 regulatory policies that have tribal with applicable law or otherwise
million or more for State, local, and implications.’’ This final rule does not impractical. Voluntary consensus
tribal governments, in the aggregate, or have tribal implications, as specified in standards are technical standards (e.g.,
the private sector in any one year. This Executive Order 13175, because tribal materials specifications, test methods,
is because today’s final rule does not governments do not own or operate any sampling procedures, and business
add new requirements that would sources subject to today’s action. Thus, practices) that are developed or adopted
increase the costs of the original Executive Order 13175 does not apply by voluntary consensus standards
NESHAP for hazardous waste to this rule. bodies. The NTTAA directs EPA to
combustors. The NESHAP was provide Congress, through OMB,
published on September 30, 1999, and G. Executive Order 13045: Protection of explanations when the Agency decides
October 12, 2005, and had aggregated Children From Environmental Health not to use available and applicable
annualized social costs between $50 to Risks and Safety Risks voluntary consensus standards.
$63 million (64 FR at 53022) and $22.6 This action involves technical
Executive Order 13045 (62 FR 19885,
million (70 FR at 59538), respectively. standards. During the development of
April 23, 1997) applies to any rule that:
Thus, today’s final rule is not subject to the final rule, EPA searched for
(1) is determined to be ‘‘economically
the requirements of sections 202 and voluntary consensus standards that
205 of the UMRA. In addition, EPA has significant’’ as defined under EO 12866,
and (2) concerns an environmental might be applicable. EPA adopted the
determined that this final rule does not following standards as practical
significantly or uniquely affect small health or safety risk that EPA has reason
to believe may have a disproportionate alternatives to specified EPA test
governments because it contains no methods in the final rule: (1) American
requirements that apply to such effect on children. If the regulatory
action meets both criteria, the Agency Society for Testing and Materials
governments or impose obligations (ASTM) D6735–01, ‘‘Standard Test
upon them. Therefore, this final rule is must evaluate the environmental health
or safety effects of the planned rule on Method for Measurement of Gaseous
not subject to section 203 of the UMRA. Chlorides and Fluorides from Mineral
children, and explain why the planned
E. Executive Order 13132: Federalism Calcining Exhaust Sources—Impinger
regulation is preferable to other
Method,’’ and (2) American Society of
Executive Order 13132, entitled potentially effective and reasonably
Mechanical Engineers (ASME) standard
‘‘Federalism’’ (64 FR 43255, August 10, feasible alternatives considered by the
QHO–1–2004, ‘‘Standard for the
1999), requires EPA to develop an Agency.
Qualification and Certification of
accountable process to ensure EPA interprets Executive Order 13045 Hazardous Waste Incinerator
‘‘meaningful and timely input by State as applying to those regulatory actions Operators.’’
and local officials in the development of that concern health or safety risks, such
regulatory policies that have federalism Section 63.1208 lists the test methods
that the analysis required under section to determine compliance with the
implications.’’ ‘‘Policies that have 5–501 of the Order has the potential to
federalism implications’’ is defined in emission standards in the final rule.
influence the regulation. This final rule Under § 63.7(f) of the general
the Executive Order to include is not subject to Executive Order 13045
regulations that have ‘‘substantial direct provisions, a source may apply to EPA
because it is based solely on technology for permission to use alternative test
effects on the States, on the relationship
performance and not on health or safety methods in place of any required testing
between the national government and
risks. Furthermore, this final rule is not method, performance specification, or
the States, or on the distribution of
considered ‘‘economically significant’’ procedure.
power and responsibilities among the
as defined under EO 12866.
various levels of government.’’ J. Executive Order 12898: Federal
This final rule does not have H. Executive Order 13211: Actions Actions To Address Environmental
federalism implications. The final rule Concerning Regulations That Justice in Minority Populations and
does not have substantial direct effects Significantly Affect Energy Supply, Low-Income Populations
on the States, on the relationship Distribution, or Use
between the national government and Executive Order 12898 (59 FR 7629
the States, or on the distribution of This rule is not a ‘‘significant energy (Feb. 16, 1994)) establishes federal
power and responsibilities among the action’’ as defined in Executive Order executive policy on environmental
various levels of government, as 13211, ‘‘Actions Concerning Regulations justice. Its main provision directs
specified in Executive Order 13132, That Significantly Affect Energy Supply, federal agencies, to the greatest extent
because State and local governments do Distribution, or Use’’ (66 FR 28355 (May practicable and permitted by law, to
not own or operate any sources that 22, 2001)) because it is not likely to make environmental justice part of their
would be subject to the requirements of have a significant adverse effect on the mission by identifying and addressing,
the final rule and as such would not supply, distribution, or use of energy. as appropriate, disproportionately high
bear substantial costs of effects. Thus, Further, we have concluded that this and adverse human health or
Executive Order 13132 does not apply rule is not likely to have any adverse environmental effects of their programs,
to this rule. energy effects. policies, and activities on minority
populations and low-income PART 63—NATIONAL EMISSIONS operating record pursuant to

populations in the United States. STANDARDS FOR HAZARDOUS AIR § 63.1211(c);
EPA has determined that this final POLLUTANTS FOR SOURCE (2) The date that your source begins
rule will not have disproportionately CATEGORIES to comply with § 63.1221 by submitting
high and adverse human health or a Notification of Compliance pursuant
environmental effects on minority or ■ 1. The authority citation for part 63 to § 63.1210(b); or
low-income populations because the continues to read as follows: (3) The date for your source to comply
provisions contained within do not Authority: 42 U.S.C. 7401 et seq. with § 63.1221 pursuant to § 63.1206
affect the level of protection to human and any extensions granted there under.
health of the environment. The final ■ 2. Section 63.1203 is amended by
■ 5. Section 63.1206 is amended as
amendments to the hazardous waste adding paragraph (e) to read as follows:
follows:
combustor NESHAP (40 CFR part 63 § 63.1203 What are the standards for ■ a. By revising paragraph (a)(2) heading
subpart EEE) are comprised of hazardous waste incinerators that are and the first sentence of paragraph
clarifications and revisions to current effective until compliance with the (a)(2)(ii)(A).
compliance and monitoring provisions standards under § 63.1219? ■ b. By revising paragraphs (b)(14)(iv)
that do not affect the current level of * * * * * and (b)(16) introductory text.
control at facilities subject to these (e) The provisions of this section no ■ c. By revising paragraphs
rules. longer apply after any of the following (c)(2)(v)(A)(2), (c)(2)(v)(B)(4), and (c)(9)
K. Congressional Review dates, whichever occurs first: introductory text.
(1) The date that your source begins
The Congressional Review Act, 5 to comply with § 63.1219 by placing a § 63.1206 When and how must you comply
U.S.C. 801 et seq., as added by the Small with the standards and operating
Documentation of Compliance in the requirements?
Business Regulatory Enforcement operating record pursuant to
Fairness Act of 1996, generally provides § 63.1211(c); (a) * * *
that before a rule may take effect, the (2) The date that your source begins (2) Compliance date for solid fuel
agency promulgating the rule must to comply with § 63.1219 by submitting boilers, liquid fuel boilers, and
submit a rule report, which includes a a Notification of Compliance pursuant hydrochloric acid production furnaces
copy of the rule, to each House of the to § 63.1210(b); or that burn hazardous waste for standards
Congress and to the Comptroller General (3) The date for your source to comply under §§ 63.1216, 63.1217, and 63.1218.
of the United States. EPA will submit a with § 63.1219 pursuant to § 63.1206 * * * * *
report containing this action and other and any extensions granted there under. (ii) * * * (A) If you commenced
required information to the U.S. Senate, construction or reconstruction of your
■ 3. Section 63.1204 is amended by
the U.S. House of Representatives, and hazardous waste combustor after April
adding paragraph (i) to read as follows:
the Comptroller General of the United 20, 2004, you must comply with the
States prior to publication of the rule in § 63.1204 What are the standards for new source emission standards of this
the Federal Register. A major rule hazardous waste burning cement kilns that subpart by the later of October 12, 2005,
cannot take effect until 60 days after it are effective until compliance with the or the date the source starts operations,
is published in the Federal Register. standards under § 63.1220? except as provided by paragraph
This action is not a ‘‘major rule’’ as * * * * * (a)(2)(ii)(B) of this section. * * *
defined by 5 U.S.C. 804(2). This final (i) The provisions of this section no * * * * *
rule will be effective on April 8, 2008. longer apply after any of the following (b) * * *
dates, whichever occurs first: (14) * * *
List of Subjects
(1) The date that your source begins (iv) Operating limits. Semivolatile and
40 CFR Part 63 to comply with § 63.1220 by placing a low volatile metal operating parameter
Environmental protection, Air Documentation of Compliance in the limits must be established to ensure
pollution control, Hazardous operating record pursuant to compliance with the alternative
substances, Reporting and § 63.1211(c); emission limitations described in
recordkeeping requirements. (2) The date that your source begins paragraphs (b)(14)(ii) and (iii) of this
to comply with § 63.1220 by submitting section pursuant to § 63.1209(n), except
40 CFR Part 264 a Notification of Compliance pursuant that semivolatile metal feedrate limits
Environmental protection, Air to § 63.1210(b); or apply to lead, cadmium, and selenium,
pollution control, Hazardous waste, (3) The date for your source to comply combined, and low volatile metal
Insurance, Packaging and containers, with § 63.1220 pursuant to § 63.1206 feedrate limits apply to arsenic,
Reporting and recordkeeping and any extensions granted there under. beryllium, chromium, antimony, cobalt,
requirements, Security measures, Surety ■ 4. Section 63.1205 is amended by manganese, and nickel, combined.
bonds. adding paragraph (e) to read as follows: * * * * *
40 CFR Part 266 § 63.1205 What are the standards for (16) Compliance with subcategory
hazardous waste burning lightweight standards for liquid fuel boilers. You
Environmental protection, Energy,
aggregate kilns that are effective until must comply with the mercury,
Hazardous waste, Recycling, Reporting
compliance with the standards under semivolatile metals, low volatile metals,
and recordkeeping requirements.
§ 63.1221? and hydrogen chloride and chlorine
Dated: March 26, 2008. standards for liquid fuel boilers under
* * * * *
Stephen L. Johnson, (e) The provisions of this section no § 63.1217 as follows:
Administrator.
longer apply after any of the following * * * * *

■ For the reasons set out in the dates, whichever occurs first: (c) * * *
preamble, title 40, chapter I of the Code (1) The date that your source begins (2) * * *
of Federal Regulations is amended as to comply with § 63.1221 by placing a (v) * * *
follows: Documentation of Compliance in the (A) * * *
(2) Although the automatic waste feed paragraph (d)(4) of this section, you (i) Carbon monoxide (or hydrocarbon)
cutoff requirements continue to apply must commence testing no later than 61 CEMS emissions levels must be within
during a malfunction, an exceedance of months after the date of commencing the range of the average value to the
an emission standard monitored by a the previous comprehensive maximum value allowed, except as
CEMS or COMS or operating limit performance test used to show provided by paragraph (g)(2)(v) of this
specified under § 63.1209 is not a compliance with §§ 63.1216, 63.1217, section. * * *
violation of this subpart if you take the 63.1218, 63.1219, 63.1220, or 63.1221. If (ii) Each operating limit (specified in
corrective measures prescribed in the you submit data in lieu of the initial § 63.1209) established to maintain
startup, shutdown, and malfunction performance test, you must commence compliance with the dioxin/furan
plan. the subsequent comprehensive emission standard must be held within
* * * * * performance test within 61 months of the range of the average value over the
(B) * * * commencing the test used to provide the previous 12 months and the maximum
(4) Although the automatic waste feed data in lieu of the initial performance or minimum, as appropriate, that is
cutoff requirements of this paragraph test. allowed, except as provided by
apply during startup and shutdown, an (2) Confirmatory performance testing. paragraph (g)(2)(v) of this section. * * *
exceedance of an emission standard or Except as otherwise specified in * * * * *
operating limit is not a violation of this paragraph (d)(4) of this section, you (m) Waiver of performance test. You
subpart if you comply with the must commence confirmatory are not required to conduct performance
operating procedures prescribed in the performance testing no later than 31 tests to document compliance with the
startup, shutdown, and malfunction months after the date of commencing mercury, semivolatile metals, low
plan. the previous comprehensive volatile metals, or hydrogen chloride/
* * * * * performance test used to show chlorine gas emission standards under
(9) Particulate matter detection compliance with §§ 63.1217, 63.1219, the conditions specified in paragraphs
system requirements. If you combustor 63.1220, or 63.1221. If you submit data (m)(1) or (m)(2) of this section. The
is equipped with an electrostatic in lieu of the initial performance test, waiver provisions of this paragraph
precipitator or ionizing wet scrubber you must commence the initial apply in addition to the provisions of
and you elect not to establish under confirmatory performance test within 31 § 63.7(h).
§ 63.1209(m)(1)(iv) site-specific control months of the date six months after the (1) Emission standards based on
device operating parameter limits that compliance date. To ensure that the exhaust gas flow rate. (i) You are
are linked to the automatic waste feed confirmatory test is conducted deemed to be in compliance with an
cutoff system under paragraph (c)(3) of approximately midway between emission standard based on the
this section, or your combustor is comprehensive performance tests, the volumetric flow rate of exhaust gas (i.e.
equipped with a fabric filter and you Administrator will not approve a test µg/dscm or ppmv) if the twelve-hour
elect to use a particulate matter plan that schedules testing within 18 rolling average maximum theoretical
detection system pursuant to paragraph months of commencing the previous emission concentration (MTEC)
(c)(8)(i)(B) of this section, you must comprehensive performance test. determined as specified below does not
continuously operate a particulate * * * * * exceed the emission standard:
(4) Applicable testing requirements (A) Determine the feedrate of
matter detection system that meets the
under the interim standards. (i) Waiver mercury, semivolatile metals, low
specifications and requirements of
of periodic comprehensive performance volatile metals, or total chlorine and
paragraphs (c)(9)(i) through (iii) of this
tests. Except as provided by paragraph chloride from all feedstreams;
section and you must comply with the (B) Determine the stack gas flowrate;
corrective measures and notification (c)(2) of this section, you must conduct
only an initial comprehensive and
requirements of paragraphs (c)(9)(iv) (C) Calculate a MTEC for each
through (v) of this section. performance test under the interim
standard assuming all mercury,
* * * * * standards (§§ 63.1203 through 63.1205);
semivolatile metals, low volatile metals,
all subsequent comprehensive
■ 6. Section 63.1207 is amended as or total chlorine (organic and inorganic)
performance testing requirements are
follows: from all feedstreams is emitted;
waived under the interim standards. (ii) To document compliance with
■ a. By adding paragraph (b)(3)(vi).
■ b. By revising paragraphs (d)(1), (d)(2),
The provisions in the introductory text this provision, you must:
and (d)(4). to paragraph (d) and in paragraph (d)(1) (A) Monitor and record the feedrate of
■ c. By revising the first sentence of
of this section apply only to tests used mercury, semivolatile metals, low
paragraphs (g)(2)(i) and (g)(2)(ii). to demonstrate compliance with the volatile metals, and total chlorine and
■ d. By revising paragraph (m).
replacement standards promulgated on chloride from all feedstreams according
or after October 12, 2005. to § 63.1209(c);
§ 63.1207 What are the performance (ii) Waiver of confirmatory (B) Monitor with a CMS and record in
testing requirements? performance tests. You are not required the operating record the gas flowrate
* * * * * to conduct a confirmatory test under the (either directly or by monitoring a
(b) * * * interim standards (§§ 63.1203 through surrogate parameter that you have
(3) * * * 63.1205). The confirmatory testing correlated to gas flowrate);
(vi) Sources that are required to requirements in the introductory text to (C) Continuously calculate and record
perform the one-time dioxin/furan test paragraph (d) and in paragraph (d)(2) of in the operating record the MTEC under
pursuant to paragraph (b)(3) of this this section apply only after you have the procedures of paragraph (m)(1)(i) of
section are not required to perform demonstrated compliance with the this section; and
confirmatory performance tests. replacement standards promulgated on
(D) Interlock the MTEC calculated in

* * * * * or after October 12, 2005. paragraph (m)(1)(i)(C) of this section to
(d) * * * * * * * * the AWFCO system to stop hazardous
(1) Comprehensive performance (g) * * * waste burning when the MTEC exceeds
testing. Except as otherwise specified in (2) * * * the emission standard.
(iii) in lieu of the requirement in of this section, you must assume that calculate the initial rolling average as
paragraphs (m)(1)(ii)(C) and (D) of this the analyte is present at the full though you had selected a 12-hour
section, you may: detection limit when the feedstream rolling average, as provided by
(A) Identify in the Notification of analysis determines that the analyte in paragraph (b)(5)(i) of this section.
Compliance a minimum gas flowrate not detected in the feedstream. Thereafter, you must calculate rolling
limit and a maximum feedrate limit of (4) Owners and operators of averages using either one-minute or one-
mercury, semivolatile metals, low hazardous waste burning cement kilns hour updates. Hourly updates shall be
volatile metals, and/or total chlorine and lightweight aggregate kilns may calculated using the average of the one-
and chloride from all feedstreams that assume that mercury is present in raw minute average data for the preceding
ensures the MTEC as calculated in material at half the detection limit when hour. For the period beginning with
paragraph (m)(1)(i)(C) of this section is the raw material feedstream analysis initial operation under this standard
below the applicable emission standard; determines that mercury is not detected. until the source has operated for the full
and (5) You must state in the site-specific averaging period that you select, the
(B) Interlock the minimum gas test plan that you submit for review and average feedrate shall be based only on
flowrate limit and maximum feedrate approval under paragraph (e) of this actual operation under this standard.
limit of paragraph (m)(1)(iii)(A) of this section that you intend to comply with (iii) * * *
section to the AWFCO system to stop the provisions of this paragraph. You (B) When complying with the
hazardous waste burning when the gas must include in the test plan emission standards under §§ 63.1204
flowrate or mercury, semivolatile documentation that any surrogate that is and 63.1220(a)(2)(ii)(A) and (b)(2)(ii)(A),
metals, low volatile metals, and/or total proposed for gas flowrate adequately you must establish a 12-hour rolling
chlorine and chloride feedrate exceeds correlates with the gas flowrate. average limit for the feedrate of mercury
the limits of paragraph (m)(1)(iii)(A) of ■ 7. Section 63.1209 is amended as in all feedstreams as the average of the
this section. follows: test run averages;
(2) Emission standards based on ■ a. By revising paragraphs (C) Except as provided by paragraph
hazardous waste thermal concentration. (l)(1)(ii)(B)(5) and (l)(1)(ii)(C)(5). (l)(1)(iii)(D) of this section, when
(i) You are deemed to be in compliance ■ b. By revising paragraphs (l)(1)(iii)(B) complying with the hazardous waste
with an emission standard specified on and (l)(1)(iii)(C) introductory text. maximum theoretical emission
a hazardous waste thermal ■ c. By revising paragraphs concentration (MTEC) under
concentration basis (i.e., pounds emitted (l)(1)(iii)(D)(1), and (l)(1)(iii)(D)(2). § 63.1220(a)(2)(ii)(B) and (b)(2)(ii)(B),
per million Btu of heat input) if the HAP ■ d. By revising paragraph (n)(2)(iii)(A). you must:
thermal concentration in the waste feed ■ e. By revising paragraphs * * * * *
does not exceed the allowable HAP (n)(2)(v)(A)(2)(iv) and (n)(2)(v)(A)(3)(v) (D) * * *
thermal concentration emission rate. ■ f. By revising paragraphs (1) Identify in the Notification of
(ii) To document compliance with (n)(2)(v)(B)(1)(i), (n)(2)(v)(B)(1)(ii), and Compliance a minimum gas flowrate
this provision, you must: (n)(2)(v)(B)(2). limit and a maximum feedrate limit of
(A) Monitor and record the feedrate of ■ g. By revising the first sentence of mercury from all hazardous waste
mercury, semivolatile metals, low paragraph (n)(2)(vii) introductory text. feedstreams that ensures the MTEC
volatile metals, and total chlorine and ■ h. By revising paragraph calculated in paragraph (l)(1)(iii)(C)(4)
chloride from all hazardous waste (o)(1)(ii)(A)(3). of this section is below the operating
feedstreams in accordance with
§ 63.1209 What are the monitoring requirement under paragraphs
§ 63.1209(c);
(B) Determine and record the higher requirements? §§ 63.1220(a)(2)(ii)(B) and (b)(2)(ii)(B);
heating value of each hazardous waste * * * * * and
(l) * * * (2) Initiate an automatic waste feed
feed;
(C) Continuously calculate and record (1) * * * cutoff that immediately and
the thermal feed rate of all hazardous (ii) * * * automatically cuts off the hazardous
waste feedstreams by summing the (B) * * * waste feed when either the gas flowrate
products of each hazardous waste feed (5) If you select an averaging period or mercury feedrate exceeds the limits
rate multiplied by the higher heating for the feedrate limit that is greater than identified in paragraph (l)(1)(iii)(D)(1) of
value of that hazardous waste; a 12-hour rolling average, you must this section.
(D) Continuously calculate and record calculate the initial rolling average as * * * * *
the total HAP thermal feed though you had selected a 12-hour (n) * * *
concentration for each constituent by rolling average, as provided by (2) * * *
dividing the HAP feedrate determined paragraph (b)(5)(i) of this section. (iii) * * * (A) When complying with
in paragraph (m)(2)(ii)(A) of this section Thereafter, you must calculate rolling the emission standards under
by the thermal feed rate determined in averages using either one-minute or one- § 63.1220(a)(3)(i), (a)(4)(i), (b)(3)(i), and
paragraph (m)(2)(ii)(C) of this section for hour updates. Hourly updates shall be (b)(4)(i), you must establish 12-hour
all hazardous waste feedstreams; calculated using the average of the one- rolling average feedrate limits for
(E) Interlock the HAP thermal feed minute average data for the preceding semivolatile and low volatile metals as
concentration for each constituent with hour. For the period beginning with the thermal concentration of
the AWFCO to stop hazardous waste initial operation under this standard semivolatile metals or low volatile
feed when the thermal feed until the source has operated for the full metals in all hazardous waste
concentration exceeds the applicable averaging period that you select, the feedstreams. You must calculate
thermal emission standard. average feedrate shall be based only on hazardous waste thermal concentrations
(3) When you determine the feedrate actual operation under this standard. for semivolatile metals and low volatile
of mercury, semivolatile metals, low (C) * * * metals for each run as the total mass
volatile metals, or total chlorine and (5) If you select an averaging period feedrate of semivolatile metals or low
chloride for purposes of this provision, for the feedrate limit that is greater than volatile metals for all hazardous waste
except as provided by paragraph (m)(4) a 12-hour rolling average, you must feedstreams divided by the total heat
input rate for all hazardous waste (2) Boilers that feed hazardous waste (i) Existing units. No later than one
feedstreams. The 12-hour rolling with a heating value less than 10,000 year following the effective date of the
average feedrate limits for semivolatile Btu/lb. You must establish a 12-hour emission standards of this subpart; or
metals and low volatile metals are the rolling average limit for the total (ii) New units. No later than 60 days
average of the test run averages, feedrate (lb/hr) of chromium in all following the informal public meeting.
calculated on a thermal concentration feedstreams as the average of the test (c) * * * (1) Prior to the submission
basis, for all hazardous waste feeds. run averages. of the NIC to the permitting agency and:
* * * * * * * * * * (i) Existing units. No later than 10
(v) * * * (vii) Extrapolation of feedrate levels. months after the effective date of the
(A) * * * In lieu of establishing feedrate limits as emission standards of this subpart, you
(2) * * * specified in paragraphs (n)(2)(ii) must hold at least one informal meeting
(iv) If you select an averaging period with the public to discuss the
through (vi) of this section, you may
for the feedrate limit that is greater than anticipated activities described in the
request as part of the performance test
a 12-hour rolling average, you must draft NIC for achieving compliance with
plan under §§ 63.7(b) and (c) and
calculate the initial rolling average as the emission standards of this subpart.
§§ 63.1207(e) and (f) to use the
though you had selected a 12-hour You must post a sign-in sheet or
semivolatile metal and low volatile
rolling average, as provided by otherwise provide a voluntary
metal feedrates and associated emission
paragraph (b)(5)(i) of this section. opportunity for attendees to provide
rates during the comprehensive
Thereafter, you must calculate rolling their names and addresses.
performance test to extrapolate to higher
averages using either one-minute or one- (ii) New units. No earlier than thirty
allowable feedrate limits and emission
hour updates. Hourly updates shall be (30) days following notice of the
calculated using the average of the one- rates. * * *
informal public meeting, you must hold
minute average data for the preceding * * * * * at least one informal meeting with the
hour. For the period beginning with (o) * * * public to discuss the anticipated
initial operation under this standard (1) * * * activities described in the draft NIC for
until the source has operated for the full (ii) * * * achieving compliance with the emission
averaging period that you select, the (A) * * * standards of this subpart. You must post
average feedrate shall be based only on (3) You must comply with the a sign-in sheet or otherwise provide a
actual operation under this standard. feedrate limit by determining the mass voluntary opportunity for attendees to
* * * * * feedrate of hazardous waste feedstreams provide their names and addresses.
(3) * * * (lb/hr) at least once a minute and by * * * * *
(v) If you select an averaging period knowing the chlorine content (organic ■ 9. Section 63.1212 is amended by
for the feedrate limit that is greater than and inorganic, lb of chlorine/lb of
a 12-hour rolling average, you must revising paragraphs (b)(1), (b)(3), and
hazardous waste) and heating value (b)(4) and adding paragraph (b)(5) to
calculate the initial rolling average as (Btu/lb) of hazardous waste feedstreams
though you had selected a 12-hour read as follows:
at all times to calculate a 1-minute
rolling average, as provided by average feedrate measurement as § 63.1212 What are the other requirements
paragraph (b)(5)(i) of this section. [hazardous waste chlorine content (lb of pertaining to the NIC?
Thereafter, you must calculate rolling chlorine/lb of hazardous waste feed)/ * * * * *
averages using either one-minute or one- hazardous waste heating value (Btu/lb (b) * * *
hour updates. Hourly updates shall be of hazardous waste)]. You must update (1) Prepare a draft NIC pursuant to
calculated using the average of the one- the rolling average feedrate each hour § 63.1210(b) and make it available to the
minute average data for the preceding with this 60-minute average feedrate public upon issuance of the notice of
hour. For the period beginning with measurement. public meeting pursuant to
initial operation under this standard * * * * * § 63.1210(c)(3);
until the source has operated for the full
■ 8. Section 63.1210 is amended by * * * * *
averaging period that you select, the
revising paragraphs (b) introductory (3) Provide notice to the public of a
average feedrate shall be based only on
text, (b)(3), and (c)(1) to read as follows: pre-application meeting pursuant to
actual operation under this standard.
(B) * * * § 124.31 of this chapter or notice to the
§ 63.1210 What are the notification public of a permit modification request
(1) * * * (i) The 12-hour rolling requirements?
average feedrate limit is a hazardous pursuant to § 270.42 of this chapter;
waste thermal concentration limit * * * * * (4) Hold an informal public meeting
expressed as pounds of chromium in all (b) Notification of intent to comply [pursuant to § 63.1210(c)(1) and (c)(2)]
hazardous waste feedstreams per (NIC). These procedures apply to no earlier than 30 days following notice
million Btu of hazardous waste fed to sources that have not previously of the NIC public meeting and notice of
the boiler. You must establish the 12- complied with the requirements of the pre-application meeting or notice of
hour rolling average feedrate limit as the paragraphs (b) and (c) of this section, the permit modification request to
average of the test run averages. and to sources that previously complied discuss anticipated activities described
(ii) You must comply with the with the NIC requirements of §§ 63.1210 in the draft NIC and pre-application or
hazardous waste chromium thermal and 63.1212(a), which were in effect permit modification request for
concentration limit by determining the prior to October 11, 2000, that must achieving compliance with the emission
feedrate of chromium in all hazardous make a technology change requiring a standards of this subpart; and
waste feedstreams (lb/hr) and the Class 1 permit modification to meet the (5) Submit a final NIC pursuant to
standards of §§ 63.1219, 63.1220, and § 63.1210(b)(3).
hazardous waste thermal feedrate

(MMBtu/hr) at least once each minute as 63.1221. * * * * *
[hazardous waste chromium feedrate * * * * * ■ 10. Section 63.1215 is amended as
(lb/hr)/hazardous waste thermal (3) You must submit the final NIC to follows:
feedrate (MMBtu/hr)]. the Administrator: ■ a. By revising paragraph (a)(1)(i).
■ b. By revising the definitions of ‘‘1- Where: million Btu heat input from the
Hour Average HCl-Equivalent Emission ERSTtw is the 1-hour average HCl-toxicity- hazardous waste;
Rate’’ and ‘‘1-Hour Average HCl- weighted emission rate (HCl-equivalent * * * * *
Equivalent Emission Rate Limit’’ in emission rate) considering 1-hour (short- (b) * * *
paragraph (a)(2). term) exposures, lb/hr
(6) * * *
■ c. By revising paragraphs (b)(2), (b)(3), ERHCl is the emission rate of HCl in lbs/hr
ERCl2 is the emission rate of chlorine in lbs/ (ii) When you burn hazardous waste
and (b)(6)(ii)(C). with an as-fired heating value of 10,000
hr
■ d. By revising paragraph (f)(5)(ii)(A). Btu/lb or greater, emissions in excess of
aRELHCl is the aREL for HCl
■ e. By revising paragraph (h)(2)(i). 5.1 ×¥2 lbs combined emissions of
aRELCl2 is the aREL for chlorine
§ 63.1215 What are health-based * ** * * hydrogen chloride and chlorine gas
compliance alternatives for total chlorine? (6) * * * attributable to the hazardous waste per
* * * * * million Btu heat input from the
(ii) * * *
(a) * * * hazardous waste;
(C) You must calculate the 1-hour
(1) * * * average HCl-equivalent emission rate * * * * *
(i) Identify a total chlorine emission ■ 12. Section 63.1220 is amended by
using these HCl and Cl2 emission rates
concentration (ppmv) expressed as revising paragraphs (a)(2)(ii) and
and the equation in paragraph (b)(3) of
chloride (Cl(¥)) equivalent for each on (b)(2)(ii) to read as follows:
this section.
site hazardous waste combustor. You
may select total chlorine emission * * * * * § 63.1220 What are the replacement
concentrations as you choose to (f) * * * standards for hazardous waste burning
demonstrate eligibility for the risk-based (5) * * * cement kilns?
limits under this section, except as (ii) * * * (a) * * *
provided by paragraph (b)(7) of this (A) You must determine your chlorine (2) * * *
section; emissions to be the higher of the value (ii) Either:
* * * * * measured by Method 26/26A as (A) Emissions in excess of 120 µg/
(2) * * * provided in appendix A–8, part 60 of dscm, corrected to 7 percent oxygen, or
1–Hour Average HCl-Equivalent this chapter, or an equivalent method, (B) A hazardous waste feed maximum
Emission Rate means the HCl-equivalent or the value calculated by the difference theoretical emission concentration
emission rate (lb/hr) determined by between the combined hydrogen (MTEC) in excess of 120 µg/dscm;
equating the toxicity of chlorine to HCl chloride and chlorine levels measured * * * * *
using aRELs as the health risk metric for by Method 26/26A as provided in (b) * * *
acute exposure. appendix A–8, part 60 of this chapter, (2) * * *
1–Hour Average HCl-Equivalent or an equivalent method, and the (ii) Either:
Emission Rate Limit means the HCl- hydrogen chloride measurement from (A) Emissions in excess of 120 µg/
equivalent emission rate (lb/hr) EPA Method 320/321 as provided in dscm, corrected to 7 percent oxygen, or
determined by equating the toxicity of appendix A, part 63 of this chapter, or (B) A hazardous waste feed maximum
chlorine to HCl using aRELs as the ASTM D 6735–01 as described under theoretical emission concentration
health risk metric for acute exposure § 63.1208(b)(5)(i)(C), or an equivalent (MTEC) in excess of 120 µg/dscm;
and which ensures that maximum 1- method. * * * * *
hour average ambient concentrations of * * * * *
HCl-equivalents do not exceed a Hazard PART 264—STANDARDS FOR
(h) * * * OWNERS AND OPERATORS OF
Index of 1.0, rounded to the nearest
(2) * * * HAZARDOUS WASTE TREATMENT,
tenths decimal place (0.1), at an off-site
receptor location. (i) Proactive review. You must submit STORAGE, AND DISPOSAL
for review and approval with each FACILITIES
* * * * * comprehensive performance test plan
(b) * * *
(2) Annual average rates. You must either a certification that the ■ 13. The authority citation for part 264
calculate annual average toxicity- information used in your eligibility continues to read as follows:
weighted HCl-equivalent emission rates demonstration has not changed in a Authority: 42 U.S.C. 6905, 6912(a), 6924
for each combustor as follows: manner that would decrease the annual and 6925.
average or 1-hour average HCl-
ERLTtw = ERHCl + ERCl2 × (RfCHCl/RfCCl2) equivalent emission rate limit, or a ■ 14. Section 264.340 is amended as
Where: revised eligibility demonstration. follows:
ERLTtw is the annual average HCl toxicity- ■ a. By revising the first sentence of
* * * * *
weighted emission rate (HCl-equivalent paragraph (b)(1) and paragraph (b)(3).
emission rate) considering long-term ■ 11. Section 63.1217 is amended by ■ b. By removing paragraph (b)(5).
exposures, lb/hr revising paragraphs (a)(6)(ii) and
ERHCl is the emission rate of HCl in lbs/hr (b)(6)(ii) to read as follows: § 264.340 Applicability.
ERCl2 is the emission rate of chlorine in lbs/ * * * * *
hr § 63.1217 What are the standards for liquid (b) * * *
RfCHCl is the reference concentration of HCl fuel boilers that burn hazardous waste?
(1) Except as provided by paragraphs
RfCCl2 is the reference concentration of (a) * * * (b)(2) through (b)(4) of this section, the
chlorine (6) * * * standards of this part do not apply to a
(3) 1-hour average rates. You must (ii) When you burn hazardous waste new hazardous waste incineration unit
calculate 1-hour average toxicity-
with an as-fired heating value of 10,000 that becomes subject to RCRA permit
weighted HCl-equivalent emission rates Btu/lb or greater, emissions in excess of requirements after October 12, 2005; or
for each combustor as follows: 5.1 × 10¥2 lbs combined emissions of no longer apply when an owner or
ERSTtw = ERHCl + ERCl2 × (aRELHCl/ hydrogen chloride and chlorine gas operator of an existing hazardous waste
aRELCl2) attributable to the hazardous waste per incineration unit demonstrates
compliance with the maximum permit, regardless of dredge size or sea turtles has been documented in the
achievable control technology (MACT) vessel permit category, that enters sea scallop dredge fishery, as well as a
requirements of part 63, subpart EEE, of waters south of 41°9.0′ N. latitude, from non-lethal take of a green sea turtle
this chapter by conducting a the shoreline to the outer boundary of (NEFSC FSB, Observer Database). In
comprehensive performance test and the Exclusive Economic Zone (EEZ) addition, an unconfirmed take of a
submitting to the Administrator a must have a chain mat on each dredge, leatherback sea turtle was reported
Notification of Compliance under unless the terms of the transiting during the experimental fishery to test
§§ 63.1207(j) and 63.1210(d) of this provision are met. The chain-mat the chain-mat modified dredge gear
chapter documenting compliance with modified dredge is necessary to help (DuPaul et al., 2004).
the requirements of part 63, subpart reduce mortality and injury to This action is being taken under the
EEE, of this chapter. * * * endangered and threatened sea turtles in ESA provisions authorizing the issuance
* * * * * scallop dredge gear and to conserve sea of regulations to conserve threatened
(3) The particulate matter standard of turtles listed under the Endangered species and for enforcement purposes
§ 264.343(c) remains in effect for Species Act (ESA). This current action (sections 4(d) and 11(f), respectively).
incinerators that elect to comply with addresses a procedural error in the The requirement to use chain-mat
the alternative to the particulate matter original rulemaking to require chain modified dredge gear is necessary to
standard under §§ 63.1206(b)(14) and mats on scallop dredge gear, clarifies the provide for the conservation of
63.1219(e) of this chapter. existing requirements, and adds a threatened loggerhead sea turtles, and
transiting provision to the regulations. will have ancillary benefits for other sea
* * * * * turtle species that have been taken in
Any incidental take of threatened sea
PART 266—STANDARDS FOR THE turtles in sea scallop dredge gear in the sea scallop dredge fishery, albeit to
MANAGEMENT OF SPECIFIC compliance with this gear modification a lesser extent than loggerheads. Under
HAZARDOUS WASTES AND SPECIFIC requirement and all other applicable the ESA and its implementing
TYPES OF HAZARDOUS WASTE requirements will be exempted from the regulations, taking endangered sea
MANAGEMENT FACILITIES ESA’s take prohibition. turtles—even incidentally—is
DATES: Effective May 8, 2008. prohibited. The incidental take of
■ 15. The authority citation for part 266 ADDRESSES: Copies of the endangered species may only legally be
continues to read as follows: Environmental Assessment (EA) and exempted by an incidental take
Regulatory Impact Review/Final statement (ITS) or an incidental take
Authority: 42 U.S.C. 1006, 2002(a), 3001–
3009, 3014, 6905, 6906, 6912, 6921, 6922, Regulatory Flexibility Analysis (RIR/ permit issued pursuant to section 7 or
6924–6927, 6934, and 6937. FRFA) prepared for this final rule may 10 the ESA, respectively. Existing sea
be obtained by writing to Ellen Keane, turtle conservation regulations at 50
§ 266.100 [Amended]
NMFS, Northeast Region, One CFR 223.206(d) exempt fishing activities
■ 16. Section 266.100 is amended by Blackburn Drive, Gloucester, MA 01930. and scientific research from the
redesignating the second paragraph prohibition on takes of threatened
FOR FURTHER INFORMATION CONTACT:
(b)(3)(ii) as (b)(3)(iii). species under certain conditions. Any
Ellen Keane (ph. 978–281–9300 x6526,
incidental take of threatened loggerhead
[FR Doc. E8–6667 Filed 4–7–08; 8:45 am] fax 978–281–9394, e-mail
sea turtles in sea scallop dredge gear in
ellen.keane@noaa.gov) or Barbara
BILLING CODE 6560–50–P compliance with this gear modification
Schroeder (ph. 301–713–2322, fax 301–
requirement and other applicable
427–2522, e-mail requirements is exempted from the
DEPARTMENT OF COMMERCE barbara.schroeder@noaa.gov). prohibition against takes.
SUPPLEMENTARY INFORMATION: The chain-mat modified dredge is
National Oceanic and Atmospheric expected to benefit sea turtles following
Administration Background
an interaction in the water column.
All sea turtles that occur in U.S. Based on the available information,
50 CFR Part 223 waters are listed as either endangered or NMFS has determined that the use of a
threatened under the Endangered chain-mat modified dredge will prevent
[Docket No. 071030628–8482–02]
Species Act of 1973 (ESA). The Kemp’s most captures of sea turtles in the
RIN 0648–AV84 ridley (Lepidochelys kempii), dredge bag as well as any ensuing
leatherback (Dermochelys coriacea), and injuries as a result of such capture (e.g.,
Endangered and Threatened Wildlife; hawksbill (Eretmochelys imbricata) sea crushing in the dredge bag, crushing on
Sea Turtle Conservation turtles are listed as endangered. The deck, etc.). However, NMFS has made
AGENCY: National Marine Fisheries loggerhead (Caretta caretta) and green the conservative assumption that a
Service (NMFS), National Oceanic and (Chelonia mydas) sea turtles are listed turtle in a bottom interaction sustains
Atmospheric Administration (NOAA), as threatened, except for breeding significant injuries on the bottom, so,
Commerce. populations of green turtles in Florida under this conservative assumption,
ACTION: Final rule. and on the Pacific coast of Mexico that there would not be a benefit from the
are listed as endangered. Due to the chain mat for bottom interactions. This
SUMMARY: NMFS issues this final rule to inability to distinguish between these assumption, however, may be too
clarify the existing sea turtle populations of green turtles away from conservative in that it is possible
conservation requirements for sea the nesting beach, NMFS considers (although not likely) that turtles in a
scallop dredge vessels entering waters green sea turtles endangered wherever bottom interaction only receive minor
south of 41°9.0′ N. latitude from May 1 they occur in U.S. waters. Kemp’s injuries. In the unlikely scenario of a
through November 30 each year and to ridley, hawksbill, loggerhead, and green turtle receiving only minor injuries
add a transiting provision to the sea turtles are hard-shelled sea turtles. following a bottom interaction, the
requirements. Any vessel with a sea The incidental take, both lethal and chain mat modification would prevent
scallop dredge and required to have a non-lethal, of loggerhead, Kemp’s significant injuries that result from
Federal Atlantic sea scallop fishery ridley, and unidentified hard-shelled capture in the dredge bag (i.e, injuries

Rule: Approval and Promulgation of Implementation Plans: Amendments

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Rule: Approval and Promulgation of Implementation Plans: Amendments

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18970 Federal Register / Vol. 73, No.

68 / Tuesday, April 8, 2008 / Rules and Regulations

it extend the time within which a

Category NAICS code a Potentially affected entities

TABLE 1.—SUMMARY OF AMENDMENTS FOR WHICH NO ADVERSE COMMENTS WERE RECEIVED

TABLE 1.—SUMMARY OF AMENDMENTS FOR WHICH NO ADVERSE COMMENTS WERE RECEIVED—Continued

VII.B ............................ Citation Corrections ............................................................. 63.1206(b)(14)(iv), 63.1207(g)(2)(i) and (ii),

BILLING CODE 6560–50–C

jurisdictions or nonprofit organizations. governments, including tribal

populations and low-income PART 63—NATIONAL EMISSIONS operating record pursuant to

longer apply after any of the following * * * * *

(D) Interlock the MTEC calculated in

hazardous waste thermal feedrate

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