Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Oregon; Correction

On December 19, 1995, pursuant to sections 111 and 129 of the Clean Air Act (Act), the EPA promulgated new source performance standards (NSPS) applicable to new Municipal Waste Combustors (MWCs) and Emission Guidelines applicable to existing MWCs. On April 8, 1997, the United States Court of Appeals for the District of Columbia Circuit vacated 40 CFR part 60, subparts Cb and Eb, as they apply to MWC units with capacity to combust less than or equal to 250 tons/day of municipal solid waste (small MWCs), consistent with the opinion in Davis County Solid Waste Management and Recovery District v. EPA, 101 F.3d 1395 (D.C. Cir. 1996), as amended, 108 F.3d 1454 (D.C. Cir. 1997). As a result, 40 CFR part 60, subparts Eb and Cb, apply only to large MWC units which are defined as units with individual capacity to combust more than 250 tons/day of municipal solid waste. In a July 10, 1997, Federal Register document (62 FR 36995), the EPA approved the State Plan submitted by Oregon to implement and enforce Subpart Cb, as it applies to large MWC units only. However, the approval action inadvertently included the Coos County, Coos Bay, Oregon, waste combustor site. This MWC has the capacity to combust less than or equal to 250 tons per year of municipal solid waste. As such, this source is designated a ``small source,'' and is not subject to the requirements of the approved State Plan. This action corrects the list of identified sources by removing ``Coos County, Coos Bay, Oregon,'' from 40 CFR Sec. 62.9505 Identification of Sources (see 62 FR 36997). Since the affected sources in the area are presently aware of this correction, no reopening or extension to the comment period is planned. However, a reopening to the comment period will be considered if requested by an interested person, based on a showing that additional time for comment is necessary in light of this correction.