NOTICES
Final Section 111(d)/129 State Plan for Large Municipal Waste Combustors
[28 Pa.B. 2454] On December 19, 1995, the United States Environmental Protection Agency (EPA) promulgated performance standards for new municipal waste combustors (MWCs) and emission guidelines (EG) for existing MWCs under sections 111 and 129 of the Federal Clean Air Act (CAA). The standards of performance for new stationary sources (NSPS) and the emission guidelines for existing large MWCs are codified at 40 CFR Part 60, Subpart Eb and Subpart Cb, respectively (60 FR 65382). The Emission Guidelines were amended on August 25, 1997, to apply solely to existing MWCs constructed, modified or reconstructed on or before September 20, 1994, with a combustion capacity of 250 tons per day of municipal solid waste. (62 FR 4511).
According to 40 CFR Part 60, Subparts B and Cb, states are required to prepare and submit a State Plan to the EPA to implement the Emission Guidelines for Municipal Waste Combustors (MWCs). The State Plans for MWCs should have been submitted to the EPA for approval by December 19, 1996. However, on December 6, 1996, the Court of Appeals for the District of Columbia Circuit vacated the 1995 standards and guidelines because the standards failed to require an evaluation of individual MWC units on a unit-by unit basis. On March 21, 1997, the Court granted the EPA's petition for rehearing and amended its opinion and vacated the standards only as they apply to small MWC units and cement kilns. Davis County Solid Waste Management and Recovery District v. EPA, 101 F. 3d 1395 (D. C. Cir. 1996), amended, 108 F. 3d 1454 (D. C. Cir. 1997).
The Department of Environmental Protection (Department) has developed a Section 111(d)/129 State Plan for large existing designated MWCs in accordance with 40 CFR Part 60 Subparts B and Cb. On December 6, 1997, the Department published a notice of public hearings on the State Plan and provided a 30-day public comment period. The hearings were held in Conshohocken, PA on January 7, 1998, and Harrisburg, PA on January 8, 1998 (27 Pa.B. 6373).
The Final Section 111(d)/129 State Plan was submitted to the EPA for approval on May 1, 1998. New or revised Federally enforceable state operating permits (FESOPs) will be issued to designated MWC facilities, incorporating the applicable requirements in 40 CFR Part 60, Subparts A, B, Cb, and Eb. The Department will submit FESOPs to EPA no later than June 30, 1998.
The following designated large MWCs must comply with the 1995 emission standards by December 19, 2000: Wheelabrator Falls, American Ref-Fuel, Harrisburg Materials, Energy, Resource and Recovery Facility, Lancaster Resource Energy, Montenay Energy Resource of Montgomery and York County Solid Waste and Refuse Authority. The MWC units must also achieve compliance with the supplemental emission limits for lead, sulfur dioxide and hydrogen chloride no later than August 26, 2002, or 3 years after EPA approval of the State Plan, whichever is first.
To obtain a copy of the State Plan including comment/response document, contact Kimberly Maneval, Bureau of Air Quality, Division of Permits, P. O. Box 8468, Harrisburg, PA 17105, (717) 787-4325 or by e-mail at maneval.kimberly@a1.dep.state.pa.us.
JAMES M. SEIF,
Secretary
[Pa.B. Doc. No. 98-821. Filed for public inspection May 22, 1998, 9:00 a.m.]
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