The new standards and revisions to existing standards are promulgated by EPA into Title 40 of the Code of Federal Regulations, Part 60 (40 CFR 60). EPA has encouraged local air pollution control districts to adopt the standards by reference as a cost-effective procedure in order to be delegated implementation and enforcement authority.

The standards, Federal Register citation and date for the amendments that are proposed to be incorporated into Regulation 10 include:

• Subpart Da : Standards of Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978 (63 FR 49442; Sept. 16, 1998).
  
  Electric Utility Boilers of at least 250 million Btu/hr heat input capacity are subject to an Oxides of Nitrogen (NOx) standard of 200 nanograms NOx per Joule of gross energy output. Also, subject facilities may submit reports in electronic formats.
  
• Subpart Db: Performance Standards for Industrial-Commercial-Institutional Steam Generating Units (63 FR 49442; Sept. 16, 1998).
  
  Boilers of at least 100 million Btu/hr heat input capacity are subject to a NOx standard of 87 nanograms NOx per Joule heat input. Subject facilities may also submit electronic reports.
  
• Subpart Dc: Performance Standards for Small Industrial-Commercial-Institutional Steam Generating Units (63 FR 49442; Sept. 16, 1998).
  
  Emission limits for sulfur dioxide for coal fired boilers are added.
  
• Subpart Ec: Performance Standards for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996 (62 FR 48348; Sept. 15, 1997).
  
  Emission limits are set for a variety of pollutants: particulate matter, carbon monoxide, dioxins and furans, hydrogen chloride, sulfur dioxide, NOx, lead, cadmium and mercury.
  
• Subpart X: Performance Standards for the Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities (62 FR 18277; Apr. 15, 1997).
  
  The emission limits are revised to apply only to fresh granular triple superphosphate.
  
• Subpart AA: Performance Standards for Steel Plants, Electric Arc Furnaces Constructed After October 21, 1974 and On or Before August 17, 1983 (64 FR 10105; Mar. 2, 1999).
  
  Daily visual opacity readings may be used in lieu of existing monitoring requirements.
  
• Subpart AAa: Performance Standards for Steel Plants, Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983 (64 FR 10105; Mar. 2, 1999).
  
  Daily visual opacity readings may be used in lieu of existing monitoring requirements.
  
• Subpart WWW: Performance Standards for Municipal Solid Waste Landfills (64 FR 9258; Feb. 24, 1999).
  
  Clarifications and corrections of errors. The requirements of this NSPS were incorporated into District Regulation 8, Rule 34: Solid Waste Disposal Sites on October 6, 1999.

Staff also propose to add, in the preamble to Regulation 10, a reference to exempt from the NSPS those facilities that are exempted by, and in compliance with, duplicative federal Maximum Achievable Control Technology (MACT) standards promulgated into 40 CFR 63. Finally, staff propose to delete Subparts C, Ca, Cb, Cc, and Cd from Regulation 10. These subparts are general provisions for Emission Guidelines and Compliance Times as well as specific provisions for Emission Guidelines and Compliance Times for Municipal Waste Combustors, Municipal Solid Waste Landfills, and Sulfuric Acid Production Plants. Although promulgated into 40 CFR 60, Emission Guidelines and Compliance Times are not requirements for facilities. They are federal requirements for states to develop plans to address particular sources and are not necessary for Regulation 10.

The District has determined that the amendments to Regulation 10 are exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15061, para. (b)(3). The District intends to file a Notice of Exemption for the amendments to Regulation 10 pursuant to State CEQA Guidelines, Section 15062.

Regulation 10 with proposed additions underlined and proposed deletions stricken through and the draft staff report may be viewed on the District's website at www.baaqmd.gov. Copies of the federal New Source Performance Standards are available from the US Government Book Store at 450 Golden Gate Avenue, San Francisco, CA 94107, (415) 556-6657. Federal Register notices and the Code of Federal Regulations may be viewed online at www.archives.gov. A copy of proposed Regulation 10 or the draft staff report is available on request. If you have any questions or comments regarding the proposed amendments or staff report, please contact Daniel Belik, Principal Air Quality Specialist, at (415) 749-4786 or by e-mail at dbelik@baaqmd.gov. All written comments on the proposed amendments must be received by 5:00 pm on Wednesday, February 2, 2000.