[Federal Register Volume 59, Number 23 (Thursday, February 3, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-2437] [[Page Unknown]] [Federal Register: February 3, 1994] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [AD-FRL-4833-1] Standards of Performance for New Stationary Sources; Sewage Treatment Plants AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; amendment of requirements. SUMMARY: This action amends 40 CFR part 60, subpart O, Standards of Performance for Sewage Treatment Plants. Specifically, provisions requiring metals analysis of air samples and sludge samples are deleted. This deletion is occasioned by the promulgation of final regulations under section 405(a) of the Clean Water Act (CWA) on February 19, 1993, which eliminates the reason for metals testing under this subpart. EFFECTIVE DATE: This action will be effective April 4, 1994 unless notice has been received, within 30 days from the publication of this rule, that adverse or critical comments will be submitted by an interested party. If the effective date is delayed, timely notice will be published in the Federal Register. ADDRESSES: Written comments should be submitted to: Mr. Eugene Crumpler, U.S. Environmental Protection Agency, Industrial Studies Branch, Emission Standards Division (MD-13), Research Triangle Park, North Carolina, 27711. Telephone: (919) 541-0881. FOR FURTHER INFORMATION CONTACT: Eugene P. Crumpler, Industrial Studies Branch, Emission Standards Division (MD-13), U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, (919) 541-0881. SUPPLEMENTARY INFORMATION: Background Subpart O of 40 CFR part 60 establishes New Source Performance Standards (NSPS), pursuant to section 111 of the Clean Air Act (Act) for new, modified or reconstructed sewage sludge incinerators. The NSPS limits emissions of particulate matter (PM) discharged to the atmosphere to 0.65 g/kg dry sludge input (1.30 lb/ton dry sludge input) and the opacity of any gases discharged to 20 percent. Furthermore, the NSPS presents test methods and procedures for compliance demonstration. Among these is paragraph 60.154(d) (3)-(5) which calls for the analysis of air emissions samples collected by EPA method 5 and composite samples of sludge for ten metals. This requirement was added to the October 6, 1988 regulation because, ``* * * EPA's intention (is) to consolidate existing waste management authorities with the broad authorities provided under section 405 of the CWA. Section 405(d) of the CWA requires EPA to develop regulations for the use and disposal of sewage sludge. The measurement of metals will assist the Agency in establishing guidelines for State and local sludge management programs. Also, this will assist the Agency in determining if future regulatory action is warranted.'' Need for the Action As EPA has promulgated the final sewage sludge regulations pursuant to section 405(d) of the CWA (published February 19, 1993 (58 FR 9248)), with requirements for testing and control of metals from sewage sludge incinerators that supersede the provisions of Sec. 60.154(d)(3) through (5), there is no longer a need to collect data on metals emissions and the metals content of sludge for the development of the CWA regulations pursuant to Sec. 60.154(d)(3) through (5). Therefore, 60 days after the date of publication of this notice, paragraphs (d)(3) through (5) shall be deleted from Sec. 60.154. The EPA hereby publishes this amendment to Subpart O to delete paragraphs (d)(3) through (5) to eliminate duplicate and conflicting metal testing requirements for sewage sludge incinerators that are regulated under the Act and the CWA. The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. This action will be effective April 4, 1994 unless, within 30 days of publication, notice is received that adverse or critical comments will be submitted. If such notice is received, this action will be withdrawn before the effective date by publication of a further notice. That notice will withdraw the final action and begin a new rulemaking by proposing the action and establishing a comment period. List of Subjects in 40 CFR Part 60 Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sewage treatment plants. For the reason set out in the preamble, 40 CFR part 60 is amended as follows: 1. The authority citation for part 60 continues to read as follows: Authority: Secs. 101, 111, 114, 116, and 301, of the Clean Air Act as amended (42 U.S.C. 7401, 7411, 7414, 7416, 7601). Sec. 60.154 [Amended] 2. In Sec. 60.154, paragraphs (d) (3) through (5) are removed. Dated: January 27, 1994. Mary D. Nichols, Assistant Administrator for Air and Radiation. [FR Doc. 94-2437 Filed 2-2-94; 8:45 am] BILLING CODE 6560-50-P