UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                            REGION I

 J.F. KENNEDY FEDERAL BUILDING, BOSTON, MASSACHUSETTS 02203-2211








AUG 03 l993

Thomas Yersanian, Principal
Commonwealth Resource Management Corporation
74 Pleasant Street
Mansfield, MA 02048

Dear Mr. Yersanian:

Thank you for your July 6, 1993 letter requesting EPA-Region I's
determination on the applicability of its regulations and the Clean
Air Act Amendments of 1990 (CAAA) to the Montachusett Regional
Recycling Facility (MRRF).  You indicated that EPA's Office of Air
Quality Planning & Standards suggested you contact this office for
the determination.

As you know, the CAAA revised section 169(1) of the Clean Air Act
by expanding the list of major emitting facilities that are subject
to the PSD requirements if they emit or have the potential to emit
100 tons per year (TPY) or more of any regulated pollutant.  The
revised list now includes municipal waste combustors capable of
charging more than 50 tons per day (as opposed to the previous PSD
requirement of 250 tons of waste per day).

Your letter also correctly points out that EPA, in its transitional
guidance, did not address the requirements of new projects given
the discrepancy between the CAAA and the current codified
regulations.  However, EPA's office of General Counsel (OGC) has
informed us that this statutory change is considered to be
immediately effective (i.e., as of the date of enactment of the
CAAA).

Though Headquarters has not written this into any policy or
guidance memorandum, Region I has informed its states that the
above change is indeed in effect.  I have attached two documents
for your information.  These are background technical support
documents for two final rulemaking actions.  Please note that on
page 2 of each document, under the "Municipal Waste Combustor
Provisions" section, it states that "EPA interprets this statutory
change as being immediately effective".


Therefore, TIRU's MRRF project is subject to the 50 tons of waste
per day statutory limit of the CAAA, and not the 250 tons of waste
per day threshold of the PSD regulations found under 40 CFR
SS52.21. In this case, the statute takes precedence over the
codified requirement.

On the basis of our response, it would appear the issue you raised
concerning the heterogeneity of the refuse and the averaging time
used for determining the charging rate may be a moot point. 
However, for your information, it should be noted that 40 CFR Part
60, Subpart Ea uses a standard HHV of 4500 BTU/pound in calculating
a municipal waste combustors capacity and not the 5500 BTU/hr used
in the TIRU application.

I am hopeful that this response addresses your concerns.  If you
have any questions, please contact John Courcier of my staff at
(617)565-3260.

Sincerely,



Linda M. Murphy, Director
Air, Pesticides & Toxics Management Division
Attachments

cc: M. Sewell, OAQPS