Monday,

November
25,
2002
Part
II
Environmental
Protection
Agency
40
CFR
Part
62
Federal
Plan
Requirements
for
Commercial
and
Industrial
Solid
Waste
Incinerators
Constructed
on
or
Before
November
30,
1999;
Proposed
Rule
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Monday,
November
25,
2002
/
Proposed
Rules
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
62
[
AD
 
FRL
 
7408
 
1]

RIN
2060
 
AJ28
Federal
Plan
Requirements
for
Commercial
and
Industrial
Solid
Waste
Incinerators
Constructed
on
or
Before
November
30,
1999
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Proposed
rule.

SUMMARY:
On
December
1,
2000,
EPA
adopted
emission
guidelines
for
existing
commercial
and
industrial
solid
waste
incineration
(
CISWI)
units.
Sections
111
and
129
of
the
Clean
Air
Act
(
CAA)
require
States
with
existing
CISWI
units
subject
to
the
emission
guidelines
to
submit
plans
to
EPA
that
implement
and
enforce
the
emission
guidelines.
Indian
Tribes
may
submit,
but
are
not
required
to
submit,
Tribal
plans
to
implement
and
enforce
the
emission
guidelines
in
Indian
country.
State
plans
are
due
from
States
with
CISWI
units
subject
to
the
emission
guidelines
on
December
1,
2001.
If
a
State
or
Tribe
with
existing
CISWI
units
does
not
submit
an
approvable
plan,
sections
111(
d)
and
129
of
the
CAA
require
EPA
to
develop,
implement,
and
enforce
a
Federal
plan
for
CISWI
units
located
in
that
State
or
Tribal
area
within
2
years
after
promulgation
of
the
emission
guidelines
(
December
1,
2002).
This
action
proposes
a
Federal
plan
to
implement
emission
guidelines
for
CISWI
units
located
in
States
and
Indian
country
without
effective
State
or
Tribal
plans.
On
the
effective
date
of
an
approved
State
or
Tribal
plan,
the
Federal
plan
would
no
longer
apply
to
CISWI
units
covered
by
the
State
or
Tribal
plan.
DATES:
Comments.
Comments
on
the
proposed
CISWI
Federal
plan
must
be
received
on
or
before
January
24,
2003.
Public
hearing.
The
EPA
will
hold
a
public
hearing
if
requests
to
speak
are
received
by
December
10,
2002.
For
additional
information
on
the
public
hearing
and
requesting
to
speak,
see
the
Supplementary
Information
section
of
this
preamble.
If
requested,
the
hearing
would
take
place
on
December
30,
2002
and
would
begin
at
10
a.
m.
ADDRESSES:
Comments.
Submit
written
comments
(
in
duplicate,
if
possible)
to
the
following
address:
Air
and
Radiation
Docket
and
Information
Center
(
MC
 
6102T)
,
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue,
NW,
Washington,
D.
C.
20460,
Attention
Docket
No.
A
 
2000
 
52.
The
EPA
requests
that
a
separate
copy
also
be
sent
to
the
contact
person
listed
below.
For
additional
information
on
the
docket
and
electronic
availability,
see
Supplementary
Information.
Public
hearing.
If
timely
requests
to
speak
at
a
public
hearing
are
received,
a
public
hearing
will
be
held
at
EPA's
New
RTP
Campus
located
at
109
T.
W.
Alexander
Drive
in
Research
Triangle
Park,
NC.
Were
one
to
be
held,
a
hearing
would
be
held
in
the
auditorium
of
the
main
facility.
FOR
FURTHER
INFORMATION
CONTACT:
For
information
concerning
specific
aspects
of
this
proposal,
contact
Mr.
David
Painter
at
(
919)
541
 
5515,
Program
Implementation
and
Review
Group,
Information
Transfer
and
Program
Integration
Division
(
E143
 
02),
U.
S.
Environmental
Protection
Agency,
Research
Triangle
Park,
North
Carolina
27711,
email:
painter.
david@
epa.
gov.
For
technical
information,
contact
Mr.
Fred
Porter
at
(
919)
541
 
5251,
Combustion
Group,
Emission
Standards
Division
(
C439
 
01),
U.
S.
Environmental
Protection
Agency,
Research
Triangle
Park,
N.
C.
27711,
email:
porter.
fred@
epa.
gov.
For
information
regarding
implementation
of
this
proposed
rule,
contact
the
appropriate
Regional
Office
(
table
1)
as
shown
in
Supplementary
Information.
SUPPLEMENTARY
INFORMATION:
Comment
Information.
Comments
may
be
submitted
electronically
via
electronic
mail
(
e­
mail)
or
on
disk.
Electronic
comments
on
this
proposed
rule
may
be
filed
via
e­
mail
at
most
Federal
Depository
Libraries.
E­
mail
submittals
should
be
sent
to:
``
A­
and­
RDocket
epa.
gov''.
Electronic
comments
must
be
submitted
as
an
American
Standard
Code
for
Information
Interchange
(
ASCII)
file
avoiding
the
use
of
special
characters
or
encryption.
Comments
and
data
will
also
be
accepted
on
disks
or
as
an
e­
mail
attachment
in
WordPerfect
or
Corel
``
wpd''
file
format,
Microsoft
Word
format,
or
ASCII
file
format.
All
comments
and
data
for
this
proposed
rule,
whether
in
paper
form
or
electronic
forms
such
as
through
e­
mail
or
on
diskette,
must
be
identified
by
docket
number
A
 
2000
 
52.
Persons
wishing
to
submit
proprietary
information
for
consideration
must
clearly
distinguish
such
information
from
other
comments
by
clearly
labeling
it
``
Confidential
Business
Information''
(
CBI).
To
ensure
that
proprietary
information
is
not
inadvertently
placed
in
the
docket,
submit
CBI
directly
to
the
following
address,
and
not
the
public
docket:
Mr.
Roberto
Morales,
OAQPS
Document
Control
Officer,
411
W.
Chapel
Hill
Street,
Room
740B,
Durham,
North
Carolina
27701.
Information
covered
by
such
a
claim
of
confidentiality
will
be
disclosed
by
the
EPA
only
to
the
extent
allowed
and
by
the
procedures
set
forth
in
40
CFR
part
2.
If
no
claim
of
confidentiality
is
made
with
the
submission,
the
submission
may
be
made
available
to
the
public
without
further
notice.
No
confidential
business
information
should
be
submitted
through
e­
mail.
Public
hearing
information.
Persons
wishing
to
speak
at
a
public
hearing
should
notify
Ms.
Christine
Adams
at
(
919)
541
 
5590.
If
a
public
hearing
is
requested
and
held,
EPA
will
ask
clarifying
questions
during
the
oral
presentation
but
will
not
respond
to
the
presentations
or
comments.
Written
statements
and
supporting
information
will
be
considered
with
equivalent
weight
as
any
oral
statement
and
supporting
information
subsequently
presented
at
a
public
hearing,
if
held.
Related
information.
Electronic
versions
of
this
notice,
the
proposed
regulatory
text,
and
other
background
information
are
available
at
the
World
Wide
Web
site
that
EPA
has
established
for
CISWI
units.
The
address
is
http://
www.
epa.
gov/
ttn/
atw/
129/
ciwi/
ciwipg.
html.
The
CISWI
website
references
other
websites
for
closely
related
rules,
such
as
large
and
small
municipal
waste
combustors
(
MWC),
hazardous
waste,
and
hospital/
medical/
infectious
waste
incinerators
(
HMIWI).
The
large
MWC
and
HMIWI
sites
contain
the
respective
State
plan
guidance
documents.
Docket.
Docket
numbers
A
 
2000
 
52
and
A
 
94
 
63
contain
the
supporting
information
for
this
proposed
rule
and
the
supporting
information
for
EPA's
promulgation
of
emission
guidelines
for
existing
CISWI
units,
respectively.
Docket
A
 
2000
 
52
incorporates
all
of
the
information
in
Docket
A
 
94
 
63.
The
dockets
are
organized
and
complete
files
of
all
the
information
submitted
to
or
otherwise
considered
by
EPA
in
the
development
of
this
proposed
rulemaking.
The
dockets
are
available
for
public
inspection
and
copying
between
8:
30
a.
m.
and
4:
30
p.
m.,
Monday
through
Friday,
at
the
OAR
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
1301
Constitution
Avenue,
NW.,
Washington,
DC
20460,
or
by
calling
(
202)
566
 
1744.
The
docket
is
located
in
Room
B102,
(
basement
of
EPA
West
Building).
The
fax
number
for
the
Center
is
(
202)
566
 
1749
and
the
E­
mail
address
is
http://
www.
epa.
gov/
edocket.
A
reasonable
fee
may
be
charged
for
copying.

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Vol.
67,
No.
227
/
Monday,
November
25,
2002
/
Proposed
Rules
Regulated
entities.
The
proposed
Federal
plan
would
affect
the
following
North
American
Industrial
Classification
System
(
NAICS)
and
Standard
Industrial
Classification
(
SIC)
codes:

Category
NAICS
Code
SIC
Code
Examples
of
potentially
regulated
entities
Any
industry
using
a
solid
waste
incinerator
as
defined
in
the
regulations.
325
28
Manufacturers
of
chemicals
and
allied
products.

325
34
Manufacturers
of
electronic
equipment.
421
36
Manufacturers
of
wholesale
trade,
durable
goods.
321,
337
24,
25
Manufacturers
of
lumber
and
wood
furniture.

This
list
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
for
readers
regarding
entities
EPA
expects
to
be
regulated
by
this
proposed
rule.
This
table
lists
examples
of
the
types
of
entities
that
could
be
affected
by
this
proposed
rule.
Other
types
of
entities
not
listed
could
also
be
affected.
To
determine
whether
your
facility,
company,
business
organization,
etc.,
is
regulated
by
this
action,
carefully
examine
the
applicability
criteria
in
40
CFR
62.14510
through
62.14530
of
subpart
III.
If
you
have
any
questions
regarding
the
applicability
of
this
action
to
your
solid
waste
incineration
unit,
refer
to
the
FOR
FURTHER
INFORMATION
CONTACT
section.
EPA
Regional
Office
Contacts.
Table
1
lists
EPA
Regional
Offices
that
can
answer
questions
regarding
implementation
of
this
proposed
rule.

TABLE
1.
 
EPA
REGIONAL
CONTACTS
FOR
CISWI
Region
Contact
Phone/
Fax
States
and
Protectorates
I
...........
EPA
New
England
Director,
Air
Compliance
Program,
1
Congress
Street,
Suite
1100
(
SEA),
Boston,
MA
02114
 
2023.
617
 
918
 
1650,
617
 
918
 
1505
(
fax).
CT,
ME,
MA,
NH,
RI,
VT
II
..........
U.
S.
EPA
 
Region
2,
Air
Compliance
Branch,
290
Broadway,
New
York,
New
York
10007.
212
 
637
 
4080,
212
 
637
 
3998
(
fax).
NJ,
NY,
Puerto
Rico,
Virgin
Islands
III
.........
U.
S.
EPA
 
Region
3,
Chief,
Air
Enforcement
Branch
(
3AP12),
1650
Arch
Street,
Philadelphia,
PA
19103
 
2029.
215
 
814
 
3438,
215
 
814
 
2134
(
fax).
DE,
DC,
MD,
PA,
VA,
WV
IV
.........
U.
S.
EPA
 
Region
4,
Air
and
Radiation,
Technology
Branch,
Atlanta
Federal
Center,
61
Forsyth
Street,
Atlanta,
Georgia
30303
 
3104.
404
 
562
 
9105,
404
 
562
 
9095
(
fax).
AL,
FL,
GA,
KY,
MS,
NC,
SC,
TN
V
..........
U.
S.
EPA
 
Region
5,
Air
Enforcement
and
Compliance
Assurance
Branch,
(
AR
 
18J),
77
West
Jackson
Boulevard,
Chicago
IL
60604
 
3590.
312
 
353
 
2211,
312
 
886
 
8289
(
fax).
IL,
IN,
MN,
OH,
WI
VI
.........
U.
S.
EPA
 
Region
6,
Chief,
Toxics
Enforcement,
Section
(
6EN
 
AT),
1445
Ross
Avenue,
Dallas,
TX
75202
 
2733.
214
 
665
 
7224,
214
 
665
 
7446
(
fax).
AR,
LA,
NM,
OK,
TX
VII
........
U.
S.
EPA
 
Region
7,
901
N.
5th
Street,
Kansas
City,
KS
66101
913
 
551
 
7020,
913
 
551
 
7844
(
fax).
IA,
KS,
MO,
NE
VIII
.......
U.
S.
EPA
 
Region
8,
Air
Program
Technical
Unit,
(
Mail
Code
8P
 
AR),
999
18th
Street
Suite
500,
Denver,
CO
80202.
303
 
312
 
6007,
303
 
312
 
6064
(
fax).
CO,
MT,
ND,
SD,
UT,
WY
IX
.........
U.
S.
EPA
 
Region
9,
Air
Division,
75
Hawthorne
Street,
San
Francisco,
CA
94105.
415
 
744
 
1219,
415
 
744
 
1076
(
fax).
AZ,
CA,
HI,
NV,
American
Samoa,
Guam
X
..........
U.
S.
EPA
 
Region
10,
Office
of
Air
Quality,
1200
Sixth
Avenue,
Seattle,
WA
98101.
(
206)
553
 
4273,
(
206)
553
 
0110
(
fax).

Organization
of
this
document.
The
following
outline
is
provided
to
aid
in
locating
information
in
this
preamble.

I.
Background
Information
A.
What
is
the
Regulatory
Development
Background
for
this
Proposed
Rule?
B.
What
Impact
Does
the
U.
S.
Appeals
Court
Remand
and
EPA's
Granting
of
a
Request
for
Reconsideration
Have
on
this
Federal
Plan?
II.
Affected
Facilities
A.
What
Is
a
CISWI
Unit?
B.
Does
The
Federal
Plan
Apply
to
Me?
C.
How
Do
I
Determine
If
My
CISWI
Unit
Is
Covered
by
an
Approved
and
Effective
State
or
Tribal
Plan?
III.
Elements
of
the
CISWI
Federal
Plan
A.
Legal
Authority
and
Enforcement
Mechanism
B.
Inventory
of
Affected
CISWI
Units
C.
Inventory
of
Emissions
D.
Emission
Limitations
E.
Compliance
Schedules
F.
Waste
Management
Plan
Requirements
G.
Testing,
Monitoring,
Recordkeeping,
and
Reporting
H.
Operator
Training
and
Qualification
Requirements
I.
Record
of
Public
Hearings
J.
Progress
Reports
IV.
Summary
of
CISWI
Federal
Plan
A.
What
Emission
Limitations
Must
I
Meet?
B.
What
Operating
Limits
Must
I
Meet?
C.
What
are
the
Requirements
for
Air
Curtain
Incinerators?
D.
What
are
the
Testing,
Monitoring,
Inspection,
Recordkeeping,
and
Reporting
Requirements?
E.
What
is
the
Compliance
Schedule?
F.
How
Did
EPA
Determine
the
Compliance
Schedule?
V.
CISWI
That
Have
or
Will
Shut
Down
A.
Units
That
Plan
to
Close
Rather
Than
Comply
B.
Inoperable
Units
C.
CISWI
Units
That
Have
Shut
Down
VI.
Implementation
of
the
Federal
Plan
and
Delegation
A.
Background
of
Authority
B.
Delegation
of
the
Federal
Plan
and
Retained
Authorities
C.
Mechanisms
for
Transferring
Authority
D.
Implementing
Authority
E.
CISWI
Federal
Plan
and
Indian
County
VII.
Title
V
Operating
Permits
VIII.
Administrative
Requirements
A.
Docket
B.
Public
Hearing
C.
Executive
Order
12866:
Regulatory
Planning
and
Review
D.
Executive
Order
13132:
Federalism
E.
Executive
Order
13175:
Consultation
and
Coordination
with
Indian
Tribal
Governments
F.
Executive
Order
13045:
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
G.
Executive
Order
13211:
Energy
Effects
H.
Unfunded
Mandates
Reform
Act
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Federal
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/
Vol.
67,
No.
227
/
Monday,
November
25,
2002
/
Proposed
Rules
1
Similarly,
the
obligations
of
States
and
sources
are
unaffected
by
the
reconsideration
petition
and
the
remand.
I.
Regulatory
Flexibility
Act/
Small
Business
Regulatory
Enforcement
Fairness
Act
(
SBREFA)
J.
Paperwork
Reduction
Act
K.
National
Technology
Transfer
and
Advancement
Act
I.
Background
Information
A.
What
Is
the
Regulatory
Development
Background
for
This
Proposed
Rule?
Section
129
of
the
CAA
requires
EPA
to
develop
emission
guidelines
for
existing
``
solid
waste
incineration
units
combusting
commercial
or
industrial
waste.''
The
EPA
refers
to
these
units
as
``
commercial
and
industrial
solid
waste
incineration''
(
CISWI)
units.
The
EPA
proposed
emission
guidelines
for
CISWI
units
on
November
30,
1999
and
promulgated
them
on
December
1,
2000
(
65
FR
75338)
(
to
be
codified
at
40
CFR
part
60,
subpart
DDDD).
In
writing
Section
129
of
the
Clean
Air
Act,
Congress
looked
first
to
the
States
as
the
preferred
implementers
of
emission
guidelines
for
existing
CISWI
units.
To
make
these
emission
guidelines
enforceable,
States
with
existing
CISWI
units
must
have
submitted
to
EPA
within
one
year
following
promulgation
of
the
emission
guidelines
(
by
December
1,
2001)
State
plans
that
implement
and
enforce
the
emission
guidelines.
For
States
or
Tribes
that
do
not
have
an
EPA­
approved
and
effective
plan,
EPA
must
develop
and
implement
a
Federal
plan
within
two
years
following
promulgation
of
the
emission
guidelines
(
by
December
1,
2002).
The
EPA
sees
the
Federal
plan
as
an
interim
measure
to
ensure
that
Congressionally
mandated
emission
standards
are
implemented
until
States
assume
their
role
as
the
preferred
implementers
of
the
emissions
guidelines.
Thus,
the
EPA
encourages
States
to
either
use
the
Federal
plan
as
a
template
to
reduce
the
effort
needed
to
develop
their
own
plans
or
to
simply
take
delegation
to
directly
implement
and
enforce
the
guidelines.
States
without
any
existing
CISWI
units
are
required
to
submit
to
the
Administrator
a
letter
of
negative
declaration
certifying
that
there
are
no
CISWI
units
in
the
State.
No
plan
is
required
for
States
that
do
not
have
any
CISWI
units.
As
discussed
in
section
VI.
E
of
this
preamble,
Indian
Tribes
may,
but
are
not
required
to,
submit
Tribal
plans
to
cover
CISWI
units
in
Indian
country.
A
Tribe
may
submit
to
the
Administrator
a
letter
of
negative
declaration
certifying
that
no
CISWI
units
are
located
in
the
Tribal
area.
No
plan
is
required
for
Tribes
that
do
not
have
any
CISWI
units.
CISWI
units
located
in
States
or
Tribal
areas
that
mistakenly
submit
a
letter
of
negative
declaration
would
be
subject
to
the
Federal
plan
until
a
State
or
Tribal
plan
has
been
approved
and
becomes
effective
covering
those
CISWI
units.
Today's
action
proposes
a
Federal
plan
for
CISWI
units
that
are
not
covered
by
an
approved
State
or
Tribal
plan
as
of
December
1,
2002.
Sections
111
and
129
of
the
CAA
and
40
CFR
60.27(
c)
and
(
d)
require
EPA
to
develop,
implement,
and
enforce
a
Federal
plan
to
cover
existing
CISWI
units
located
in
States
that
do
not
have
an
approved
plan
within
two
years
after
promulgation
of
the
emission
guidelines
(
by
December
1,
2002
for
CISWI
units).
The
EPA
is
proposing
this
Federal
plan
now
so
that
a
promulgated
Federal
plan
will
be
in
place
at
the
earliest
possible
date,
thus
ensuring
timely
implementation
and
enforcement
of
the
CISWI
emission
guidelines.
In
addition,
EPA's
timing
allows
a
State
or
Tribe
the
opportunity
to
take
delegation
of
the
Federal
plan
in
lieu
of
writing
a
State
plan.

B.
What
Impact
Does
the
U.
S.
Appeals
Court
Remand
and
EPA's
Granting
of
a
Request
for
Reconsideration
Have
on
This
Federal
Plan?
Subsequent
to
EPA's
promulgation
of
the
final
rule
establishing
the
NSPS
and
EG
for
CISWI
units,
two
events
occurred
that
potentially
could
result
in
substantive
changes
to
these
standards.
First,
in
August
2001
EPA
granted
a
request
for
reconsideration,
pursuant
to
section
307(
d)(
7)(
B)
of
the
CAA,
submitted
on
behalf
of
the
National
Wildlife
Federation
and
the
Louisiana
Environmental
Action
Network,
related
to
the
definition
of
``
commercial
and
industrial
solid
waste
incineration
unit''
in
EPA's
CISWI
rulemaking.
In
granting
this
petition
for
reconsideration,
EPA
agreed
to
undertake
further
notice
and
comment
proceedings
related
to
this
definition.
Second,
on
January
30,
2001,
the
Sierra
Club
filed
a
petition
for
review
in
the
U.
S.
Court
of
Appeals
for
the
D.
C.
Circuit
challenging
EPA's
final
CISWI
rule.
On
Sept.
6,
2001,
the
Court
entered
an
order
granting
EPA's
motion
for
a
voluntary
remand
of
the
CISWI
rule
without
vacature.
EPA's
request
for
a
voluntary
remand
of
the
final
CISWI
rule
was
intended
to
allow
the
Agency
to
address
concerns
related
to
the
Agency's
procedures
for
establishing
MACT
floors
for
CISWI
units
in
light
of
the
D.
C.
Circuit
Court's
decision
in
Cement
Kiln
Recycling
Coalition
v.
EPA,
255
F.
3d
855
(
D.
C.
Cir.
2001).
Neither
EPA's
granting
of
the
petition
for
reconsideration,
nor
the
Court's
order
granting
a
voluntary
remand,
stay,
vacate
or
otherwise
influence
the
effectiveness
of
the
currently
existing
CISWI
regulations.
Specifically,
section
307(
d)(
7)(
B)
of
the
Act
provides
that
``
reconsideration
shall
not
postpone
the
effectiveness
of
the
rule,''
except
that
``[
t]
he
effectiveness
of
the
rule
may
be
stayed
during
such
reconsideration
*
*
*
by
the
Administrator
or
the
court
for
a
period
not
to
exceed
three
months.''
In
this
case,
neither
EPA
nor
the
court
stayed
the
effectiveness
of
the
final
CISWI
regulations
in
connection
with
the
reconsideration
petition.
Likewise,
the
D.
C.
Circuit
granted
EPA's
motion
for
a
remand
without
vacature,
therefore,
the
Court's
remand
order
had
no
impact
on
the
effectiveness
of
the
current
CISWI
regulations.
Because
the
existing
CISWI
regulations
remain
in
full
effect,
EPA's
obligation
under
section
129(
b)(
3)
of
the
Act
to
promulgate
a
Federal
Plan
(
to
implement
those
regulations
for
existing
units
that
are
not
covered
by
an
approved
and
effective
State
plan)
remains
unchanged.
1
Therefore,
EPA
is
complying
with
its
statutory
obligations
by
issuing
today's
proposed
Federal
Plan
for
CISWI
units.
To
the
extent
that
EPA
might
take
action
in
the
future
that
results
in
changes
in
the
underlying
CISWI
rule
 
in
response
to
the
petition
for
reconsideration
or
in
response
to
the
voluntary
remand
 
EPA
will
simultaneously
amend
this
Federal
Plan
to
reflect
any
such
changes.
If
such
changes
become
necessary,
interested
parties,
including
States
and
sources,
will
have
the
opportunity
to
provide
comments,
and
EPA
will
reasonably
accommodate
the
concerns
of
commenters
as
appropriate.

II.
Affected
Facilities
A.
What
Is
a
CISWI
Unit?

A
CISWI
unit
means
any
combustion
device
that
combusts
commercial
and
industrial
waste,
as
defined
in
proposed
40
CFR
part
62,
subpart
III.
Commercial
and
industrial
waste,
as
defined
in
proposed
subpart
III,
is
solid
waste
combusted
in
an
enclosed
device
using
controlled
flame
combustion
without
energy
recovery
that
is
a
distinct
operating
unit
of
any
commercial
or
industrial
facility
(
including
fielderected
modular,
and
custom
built
incineration
units
operating
with
starved
or
excess
air),
or
solid
waste
combusted
in
an
air
curtain
incinerator
without
energy
recovery
that
is
a
distinct
operating
unit
of
any
commercial
or
industrial
facility.
Fifteen
types
of
combustion
units,
which
are
listed
in
§
62.14525
of
subpart
III
are
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Proposed
Rules
conditionally
exempt
from
the
Federal
plan.

B.
Does
the
Federal
Plan
Apply
to
Me?
The
proposed
Federal
plan
will
apply
to
you
if
you
are
the
owner
or
operator
of
a
combustion
device
that
combusts
commercial
and
industrial
waste
(
as
defined
in
subpart
III)
and
the
device
is
not
covered
by
an
approved
and
effective
State
or
Tribal
plan
as
of
December
1,
2002.
The
proposed
Federal
plan
covers
your
CISWI
unit
until
EPA
approves
a
State
or
Tribal
plan
that
covers
your
CISWI
unit
and
that
plan
becomes
effective.
If
you
began
the
construction
of
your
CISWI
unit
on
or
before
November
30,
1999,
it
is
considered
an
existing
CISWI
unit
and
could
be
subject
to
the
Federal
plan.
If
you
began
the
construction
of
your
CISWI
unit
after
November
30,
1999,
it
is
considered
a
new
CISWI
unit
and
is
subject
to
the
NSPS.
If
you
began
reconstruction
or
modification
of
your
CISWI
unit
prior
to
June
1,
2001,
it
is
considered
an
existing
CISWI
unit
and
could
be
subject
to
the
Federal
plan.
Likewise,
if
you
began
reconstruction
or
modification
of
your
CISWI
unit
on
or
after
June
1,
2001,
it
is
considered
a
new
CISWI
unit
and
is
subject
to
the
NSPS.
Your
CISWI
unit
would
be
subject
to
this
Federal
plan
if
on
the
effective
date
of
the
Federal
plan,
EPA
has
not
approved
a
State
or
Tribal
Plan
that
covers
your
unit,
or
the
EPA­
approved
State
or
Tribal
plan
has
not
become
effective.
The
specific
applicability
of
this
plan
is
described
in
§
§
62.14510
through
62.14530
of
subpart
III.
Once
an
approved
State
or
Tribal
plan
is
in
effect,
the
Federal
plan
will
no
longer
apply
to
a
CISWI
unit
covered
by
such
plan.
An
approved
State
or
Tribal
plan
is
a
plan
developed
by
a
State
or
Tribe
that
EPA
has
reviewed
and
approved
based
on
the
requirements
in
40
CFR
part
60,
subpart
B
to
implement
and
enforce
40
CFR
part
60,
subpart
DDDD.
The
State
or
Tribal
plan
is
effective
on
the
date
specified
in
the
notice
published
in
the
Federal
Register
announcing
EPA's
approval
of
the
plan.
The
EPA's
promulgation
of
a
CISWI
Federal
plan
will
not
preclude
States
or
Tribes
from
submitting
a
plan.
If
a
State
or
Tribe
submits
a
plan
after
promulgation
of
the
CISWI
Federal
plan
final
rule,
EPA
will
review
and
approve
or
disapprove
the
State
or
Tribal
plan.
If
EPA
approves
a
plan,
then
the
Federal
plan
would
no
longer
apply
to
CISWI
units
covered
by
the
State
or
Tribal
plan
as
of
the
effective
date
of
the
State
or
Tribal
plan.
(
See
the
discussion
in
``
State
or
Tribe
Submits
A
Plan
After
CISWI
Units
Located
in
the
Area
Are
Subject
to
the
Federal
Plan''
in
section
VI.
C
of
this
preamble.)
If
a
CISWI
unit
were
overlooked
by
a
State
or
Tribe
and
the
State
or
Tribe
submitted
a
negative
declaration
letter,
or
if
an
individual
CISWI
unit
were
not
covered
by
an
approved
and
effective
State
or
Tribal
plan,
the
CISWI
unit
would
be
subject
to
this
Federal
plan.

C.
How
Do
I
Determine
If
My
CISWI
Unit
Is
Covered
by
an
Approved
and
Effective
State
or
Tribal
Plan?
Part
62
of
Title
40
of
the
Code
of
Federal
Regulations
identifies
the
approval
and
promulgation
of
section
111(
d)
and
section
129
State
or
Tribal
plans
for
designated
facilities
in
each
State
or
area
of
Indian
Country.
However,
part
62
is
updated
only
once
per
year.
Thus,
if
part
62
does
not
indicate
that
your
State
or
Tribal
area
has
an
approved
and
effective
plan,
you
should
contact
your
State
environmental
agency's
air
director
or
your
EPA
Regional
Office
(
Table
1)
to
determine
if
approval
occurred
since
publication
of
the
most
recent
version
of
part
62.

III.
Elements
of
the
CISWI
Federal
Plan
Because
EPA
is
proposing
a
Federal
plan
to
cover
CISWI
units
located
in
States
and
areas
of
Indian
Country
where
plans
are
not
in
effect,
EPA
has
elected
to
include
in
this
proposal
the
same
elements
as
are
required
for
State
plans:
(
1)
Identification
of
legal
authority
and
mechanisms
for
implementation,
(
2)
inventory
of
CISWI
units,
(
3)
emissions
inventory,
(
4)
emission
limitations,
(
5)
compliance
schedules,
(
6)
waste
management
plan,
(
7)
testing,
monitoring,
inspection,
reporting,
and
recordkeeping,
(
8)
operator
training
and
qualification,
(
9)
public
hearing,
and
(
10)
progress
reporting.
See
40
CFR
part
60
subparts
B
and
C
and
sections
111
and
129
of
the
CAA.
Each
plan
element
is
described
below
as
it
relates
to
this
proposed
CISWI
Federal
plan.
Table
2
lists
each
element
and
identifies
where
it
is
located
or
codified.

TABLE
2.
 
ELEMENTS
OF
THE
CISWI
FEDERAL
PLAN
Element
of
the
CISWI
Federal
plan
Location
Legal
authority
and
enforcement
mechanism
Sections
129(
b)(
3)
111(
d),
301(
a),
and
301(
d)(
4)
of
the
CAA
Inventory
of
Affected
MWC
Units.
Docket
A
 
2000
 
52
Inventory
of
Emissions.
Docket
A
 
2000
 
52
TABLE
2.
 
ELEMENTS
OF
THE
CISWI
FEDERAL
PLAN
 
Continued
Element
of
the
CISWI
Federal
plan
Location
Emission
Limits
40
CFR
62.14630
 
62.14645
Compliance
Schedules.
40
CFR
62.14535
 
62.14575
Operator
Training
and
Qualification.
40
CFR
62.14595
 
62.14625
Waste
Management
Plan.
40
CFR
62.14580
 
62.14590
Record
of
Public
Hearings.
Docket
A
 
2000
 
52
Testing,
Monitoring
Recordkeeping
and
Reporting
40
CFR
62.14670
 
62.14760
Progress
Reports
Section
III.
J
of
this
preamble
A.
Legal
Authority
and
Enforcement
Mechanism
1.
EPA's
Legal
Authority
in
States
Section
301(
a)
of
the
CAA
provides
EPA
with
broad
authority
to
write
regulations
that
carry
out
the
functions
of
the
CAA.
Sections
111(
d)
and
129(
b)(
3)
of
the
CAA
direct
EPA
to
develop
a
Federal
plan
for
States
that
do
not
submit
approvable
State
plans.
Sections
111
and
129
of
the
CAA
provide
EPA
with
the
authority
to
implement
and
enforce
the
Federal
plan
in
cases
where
the
State
fails
to
submit
a
satisfactory
State
plan.
Section
129(
b)(
3)
requires
EPA
to
develop,
implement,
and
enforce
a
Federal
plan
within
2
years
after
the
date
the
relevant
emission
guidelines
are
promulgated
(
by
December
1,
2002
for
CISWI
units).
Compliance
with
the
emission
guidelines
cannot
be
later
than
5
years
after
the
relevant
emission
guidelines
are
promulgated
(
by
December
1,
2005
for
CISWI
units).

2.
EPA's
Legal
Authority
in
Indian
Country
Section
301
provides
EPA
with
the
authority
to
administer
Federal
programs
in
Indian
country.
See
sections
301
(
a)
and
(
d).
Section
301(
d)(
4)
of
the
CAA
authorizes
the
Administrator
to
directly
administer
provisions
of
the
CAA
where
Tribal
implementation
of
those
provisions
is
not
appropriate
or
administratively
not
feasible.
See
section
VI.
E
of
this
preamble
for
a
more
detailed
discussion
of
EPA's
authority
to
administer
the
CISWI
Federal
plan
in
Indian
country.
The
EPA
is
proposing
this
Federal
regulation
under
the
legal
authority
of
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Vol.
67,
No.
227
/
Monday,
November
25,
2002
/
Proposed
Rules
the
CAA
to
implement
the
emission
guidelines
in
those
States
and
areas
of
Indian
country
not
covered
by
an
approved
plan.
As
discussed
in
section
VI
of
this
document,
implementation
and
enforcement
of
the
Federal
plan
may
be
delegated
to
eligible
Tribal,
State,
or
local
agencies
when
requested
by
a
State,
eligible
Tribal,
or
local
agency,
and
when
EPA
determines
that
such
delegation
is
appropriate.

B.
Inventory
of
Affected
CISWI
Units
The
proposed
Federal
plan
includes
an
inventory
of
CISWI
units
affected
by
the
emission
guidelines.
(
See
40
CFR
60.25(
a).)
Docket
number
A
 
2000
 
52
contains
an
inventory
of
the
CISWI
units
that
may
potentially
be
covered
by
this
proposed
Federal
plan
in
the
absence
of
State
or
Tribal
plans.
This
inventory
contains
99
CISWI
units
in
30
States
and
one
protectorate.
It
is
based
on
information
collected
from
State
and
Federal
databases,
information
collection
request
survey
responses,
and
stakeholder
meetings
during
the
development
of
the
CISWI
emission
guidelines.
The
EPA
recognizes
that
this
list
may
not
be
complete.
Therefore,
sources
potentially
subject
to
this
Federal
plan
may
include,
but
are
not
limited
to,
the
CISWI
units
listed
in
the
inventory
memorandum
in
docket
number
A
 
2000
 
52.
Any
CISWI
unit
that
meets
the
applicability
criteria
in
the
Federal
plan
rule
is
subject
to
the
Federal
plan,
regardless
of
whether
it
is
listed
in
the
inventory.
States,
Tribes,
or
individuals
are
invited
to
identify
additional
sources
for
inclusion
to
the
list
during
the
comment
period
for
this
proposal.

C.
Inventory
of
Emissions
The
proposed
Federal
plan
includes
an
emissions
estimate
for
CISWI
units
subject
to
the
emission
guidelines.
(
See
40
CFR
60.25(
a).)
The
pollutants
to
be
inventoried
are
dioxins/
furans,
cadmium
(
Cd),
lead
(
Pb),
mercury
(
Hg),
particulate
matter
(
PM),
hydrogen
chloride
(
HCl),
oxides
of
nitrogen
(
NOX),
carbon
monoxide
(
CO),
and
sulfur
dioxide
(
SO2).
For
this
proposal,
EPA
has
estimated
the
emissions
from
each
known
CISWI
unit
that
potentially
may
be
covered
by
the
Federal
plan
for
the
nine
pollutants
regulated
by
the
Federal
plan.
The
emissions
inventory
is
based
on
available
information
about
the
CISWI
units,
emission
factors,
and
typical
emission
rates
developed
for
calculating
nationwide
air
impacts
of
the
CISWI
emission
guidelines
and
the
Federal
plan.
Refer
to
the
inventory
memorandum
in
docket
number
A
 
2000
 
52
for
the
complete
emissions
inventory
and
details
on
the
emissions
calculations.

D.
Emission
Limitations
The
proposed
Federal
plan
includes
emission
limitations.
(
See
40
CFR
60.24(
a).)
Section
129(
b)(
2)
of
the
CAA
requires
these
emission
limitations
to
be
``
at
least
as
protective
as''
those
in
the
emission
guidelines.
The
emission
limitations
in
this
proposed
CISWI
Federal
plan
are
the
same
as
those
contained
in
the
emission
guidelines.
(
See
table
2
of
subpart
III.)
Section
IV
of
this
preamble
discusses
the
emission
limitations
and
operating
limits.
Table
3
of
subpart
III
contains
operating
limits
for
wet
scrubbers.

E.
Compliance
Schedules
Increments
of
progress
are
required
for
CISWI
units
that
need
more
than
1
year
from
State
plan
approval
to
comply,
or
in
the
case
of
the
Federal
plan,
more
than
1
year
after
promulgation
of
the
final
Federal
plan.
(
See
40
CFR
60.24(
e)(
1).)
Increments
of
progress
are
included
to
ensure
that
each
CISWI
unit
needing
more
time
to
comply
is
making
progress
toward
meeting
the
emission
limits.
For
CISWI
units
that
need
more
than
1
year
to
comply,
the
proposed
CISWI
Federal
plan
includes
in
its
compliance
schedule
two
increments
of
progress
from
40
CFR
60.21(
h),
as
allowed
by
40
CFR
60.24(
e)(
1)
and
required
by
40
CFR
part
60,
subpart
DDDD
(
§
60.2575).
The
Federal
plan
includes
defined
and
enforceable
dates
for
completion
of
each
increment.
These
increments
of
progress
are
(
1)
submit
final
control
plan,
and
(
2)
achieve
final
compliance.
The
proposed
increments
of
progress
are
described
in
section
IV.
E
of
this
preamble.

F.
Waste
Management
Plan
Requirements
A
waste
management
plan
is
a
written
plan
that
identifies
both
the
feasibility
and
the
methods
used
to
reduce
or
separate
certain
components
of
solid
waste
from
the
waste
stream
to
reduce
or
eliminate
toxic
emissions
from
incinerated
waste.
The
waste
management
plan
must
be
submitted
no
later
than
the
date
six
months
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
Sections
62.14580
through
62.14590
of
subpart
III
contain
the
waste
management
plan
requirements.

G.
Testing,
Monitoring,
Recordkeeping,
and
Reporting
The
proposed
Federal
plan
includes
testing,
monitoring,
recordkeeping,
and
reporting
requirements.
(
See
40
CFR
60.25.)
Testing,
monitoring,
recordkeeping,
and
reporting
requirements
are
consistent
with
subpart
DDDD,
and
assure
initial
and
ongoing
compliance.

H.
Operator
Training
and
Qualification
Requirements
The
owner
or
operator
must
qualify
operators
or
their
supervisors
(
at
least
one
per
facility)
by
ensuring
that
they
complete
an
operator
training
course
and
annual
review
or
refresher
course.
Sections
62.14595
through
62.14625
of
the
proposed
subpart
III
contain
the
operator
training
and
qualification
requirements.

I.
Record
of
Public
Hearings
The
proposed
Federal
plan
provides
opportunity
for
public
participation
in
adopting
the
plan.
(
See
40
CFR
60.23(
c).)
If
requested
to
do
so,
EPA
will
hold
a
public
hearing
in
Research
Triangle
Park,
NC.
A
record
of
the
public
hearing,
if
any,
will
appear
in
Docket
A
 
2000
 
52.
If
a
public
hearing
is
requested
and
held,
EPA
will
ask
clarifying
questions
during
the
oral
presentation
but
will
not
respond
to
the
presentations
or
comments.
Written
statements
and
supporting
information
submitted
during
the
public
comment
period
will
be
considered
with
equivalent
weight
as
any
oral
statement
and
supporting
information
subsequently
presented
at
a
public
hearing,
if
held.

J.
Progress
Reports
Under
the
Federal
plan,
the
EPA
Regional
Offices
will
prepare
annual
progress
reports
to
show
progress
of
CISWI
units
in
the
Region
toward
implementation
of
the
emission
guidelines.
(
See
40
CFR
60.25(
e).)
States
or
Tribes
that
have
been
delegated
the
authority
to
implement
and
enforce
this
Federal
plan
would
also
be
required
to
submit
annual
progress
reports
to
the
appropriate
EPA
Regional
Office.
Appendix
D
of
40
CFR
part
60
requires
reporting
of
emissions
data
to
the
Aerometric
Emissions
Information
Retrieval
System
(
AIRS)/
AIRS
Facility
Subsystem(
AFS).
These
reports
can
be
combined
with
the
State
implementation
plan
report
required
by
40
CFR
51.321
in
order
to
avoid
double
reporting.
Under
the
proposed
Federal
plan,
EPA
Regional
Offices
would
report
AIRS
emissions
data.
If
a
State
or
Tribe
has
been
delegated
the
authority
to
implement
and
enforce
the
Federal
plan,
the
State
or
Tribe
would
report
emissions
data
to
AIRS.
Each
progress
report
must
include
the
following
items:
(
1)
Status
of
enforcement
actions;
(
2)
status
of
increments
of
progress;
(
3)
identification
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of
sources
that
have
shut
down
or
started
operation;
(
4)
emission
inventory
data
for
sources
that
were
not
in
operation
at
the
time
of
plan
development,
but
that
began
operation
during
the
reporting
period;
(
5)
additional
data
as
necessary
to
update
previously
submitted
source
and
emission
information;
and
(
6)
copies
of
technical
reports
on
any
performance
testing
and
monitoring.

IV.
Summary
of
CISWI
Federal
Plan
A.
What
Emission
Limitations
Must
I
Meet?

As
the
owner
or
operator
of
an
existing
CISWI
unit,
you
will
be
required
to
meet
the
emission
limitations
specified
in
Table
1.
See
section
IV.
E
of
this
preamble
for
a
discussion
of
the
compliance
schedule.

TABLE
1.
 
EMISSION
LIMITATIONS
FOR
EXISTING
CISWI
UNITS
For
these
pollutants
You
must
meet
these
emission
limitations
a
And
determine
compliance
using
these
methods
b
Cadmium
..............................
0.004
mg/
dscm
................................................................
EPA
Method
29
Carbon
Monoxide
.................
157
ppm
..........................................................................
EPA
Methods
10,
10A,
or
10B
Dioxins/
Furans,
toxic
equivalent
(
TEQ)
basis.
0.41
ng/
dscm
...................................................................
EPA
Method
23
Hydrogen
Chloride
...............
62
ppm
by
dry
volume
....................................................
EPA
Method
26A
Lead
.....................................
0.04
mg/
dscm
..................................................................
EPA
Method
29
Mercury
................................
0.47
mg/
dscm
..................................................................
EPA
Method
29
Opacity
.................................
10
percent
.......................................................................
EPA
Method
9
Oxides
of
Nitrogen
...............
388
ppm
by
dry
volume
..................................................
EPA
Method
7,
7A,
7C,
7D,
or
7E
Particulate
Matter
.................
70
mg/
dscm
.....................................................................
EPA
Method
5
or
29
Sulfur
Dioxide
.......................
20
ppm
by
dry
volume
....................................................
EPA
Method
6
or
6c
a
All
emission
limitations
(
except
opacity)
are
measured
at
7
percent
oxygen,
dry
basis
at
standard
conditions.
b
These
methods
are
in
40
CFR
part
60,
appendix
A.

B.
What
Operating
Limits
Must
I
Meet?

If
you
are
using
a
wet
scrubber
to
comply
with
the
emission
limitations,
you
will
be
required
to
establish
the
maximum
and
minimum
site­
specific
operating
limits
indicated
in
Table
2.
You
will
be
required
to
operate
the
CISWI
unit
and
wet
scrubber
so
that
the
operating
parameters
do
not
deviate
from
the
established
operating
limits.

TABLE
2.
 
OPERATING
LIMITS
FOR
EXISTING
CISWI
UNITS
USING
WET
SCRUBBERS
For
these
operating
parameters
You
must
establish
these
operating
limits
And
monitor
continuously
using
these
recording
times
Charge
rate
..........................
Maximum
charge
rate
.....................................................
Every
hour
Pressure
drop
across
the
wet
scrubber,
or
amperage
to
the
wet
scrubber.
Minimum
pressure
drop
or
amperage
............................
Every
15
minutes
Scrubber
liquor
flow
rate
......
Minimum
flow
rate
...........................................................
Every
15
minutes
For
these
operating
parameters
You
must
establish
these
operating
limits.
.....................
And
monitor
continuously
using
these
recording
times
Scrubber
liquor
pH
...............
Minimum
pH
....................................................................
Every
15
minutes
NOTE:
Compliance
is
determined
on
a
3­
hour
rolling
average
basis,
except
charge
rate
for
batch
incinerators,
which
is
determined
on
a
daily
basis.

If
you
are
using
an
air
pollution
control
device
other
than
a
wet
scrubber
to
comply
with
the
emission
limitations,
you
will
be
required
to
petition
the
Administrator
for
other
site­
specific
operating
limits
to
be
established
during
the
initial
performance
test
and
continuously
monitored
thereafter.
The
required
components
of
the
petition
are
described
in
§
62.14640
of
subpart
III.
If
you
are
using
a
fabric
filter
to
comply
with
the
emission
limitations,
in
addition
to
other
operating
limits
as
approved
by
the
Administrator,
you
must
operate
the
fabric
filter
system
such
that
the
bag
leak
detection
system
alarm
does
not
sound
more
than
5
percent
of
the
operating
time
during
any
6­
month
period.
C.
What
Are
the
Requirements
for
Air
Curtain
Incinerators?

The
Federal
plan
will
establish
opacity
limitations
for
air
curtain
CISWI
units
burning
100
percent
wood
wastes
and/
or
clean
lumber.
This
opacity
limitation
will
be
10
percent,
except
35
percent
opacity
will
be
allowed
during
start­
up
periods
that
are
within
the
first
30
minutes
of
operation.

D.
What
Are
the
Testing,
Monitoring,
Inspection,
Recordkeeping,
and
Reporting
Requirements?

The
owner
or
operator
of
a
CISWI
unit
subject
to
the
CISWI
Federal
plan
will
be
required
to
conduct
initial
performance
tests
for
cadmium,
dioxins/
furans,
hydrogen
chloride,
lead,
mercury,
opacity,
particulate
matter,
and
sulfur
dioxide
and
establish
operating
limits
(
i.
e.,
maximum
or
minimum
values
for
operating
parameters).
The
initial
performance
test
must
be
conducted
within
180
days
after
the
date
the
facility
is
required
to
achieve
final
compliance.
The
owner
or
operator
will
be
required
to
conduct
annual
performance
tests
for
particulate
matter,
hydrogen
chloride,
and
opacity.
(
An
owner
or
operator
may
conduct
less
frequent
testing
if
the
facility
demonstrates
that
it
is
in
compliance
with
the
emission
limitations
for
3
consecutive
years.)
To
assure
ongoing
achievement
of
the
Federal
plan's
provisions,
an
owner
or
operator
using
a
wet
scrubber
to
comply
with
the
emission
limitations
will
continuously
monitor
the
following
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227
/
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25,
2002
/
Proposed
Rules
operating
parameters:
charge
rate,
pressure
drop
across
the
wet
scrubber
(
or
amperage),
and
scrubber
liquid
flow
rate
and
pH.
If
something
other
than
a
wet
scrubber
is
used
to
comply
with
the
emission
limitations,
the
owner
or
operator
will
be
required
to
monitor
other
operating
parameters,
as
approved
by
the
Administrator.
If
the
owner
or
operator
is
using
a
fabric
filter
to
comply
with
the
emission
limitations,
in
addition
to
other
operating
limits
as
approved
by
the
Administrator,
the
owner
or
operator
must
install
and
continuously
operate
a
bag
leak
detection
system.
The
owner
or
operator
must
keep
records
of
periods
when
the
alarm
sounds
and
calculate
whether
these
periods
are
more
than
5
percent
of
the
operating
time
for
each
6­
month
period.
The
owner
or
operator
will
be
required
to
submit
information
documenting
compliance
with
these
requirements
as
part
of
an
annual
report;
and
report
deviations
semiannually
In
addition,
the
Federal
plan
will
require
CISWI
unit
owners
and
operators
to
maintain
for
5
years
records
of
the
initial
performance
tests
and
all
subsequent
performance
tests,
operating
parameters,
any
maintenance,
and
operator
training
and
qualification.
The
owner
or
operator
will
submit
the
results
of
the
initial
performance
tests
and
all
subsequent
performance
tests
and
values
for
the
operating
parameters
in
annual
reports.

E.
What
Is
the
Compliance
Schedule?
Each
CISWI
unit
will
be
required
to
either:
(
1)
Reach
final
compliance
by
the
date
1
year
after
publication
of
the
final
rule
in
the
Federal
Register,
or
(
2)
meet
increments
of
progress
and
reach
final
compliance
by
the
date
2
years
after
publication
of
the
final
rule
in
the
Federal
Register.
In
addition,
the
owner
or
operator
must
comply
with
the
operator
training
and
qualification
requirements
and
inspection
requirements
by
the
date
1
year
after
publication
of
the
final
rule
in
the
Federal
Register,
regardless
of
when
the
CISWI
unit
reaches
final
compliance.
Each
owner
or
operator
that
takes
more
than
1
year
to
reach
final
compliance
must
submit
a
final
control
plan
(
increment
1)
by
the
date
6
months
after
publication
of
the
final
rule
for
this
Federal
plan
in
the
Federal
Register
and
reach
final
compliance
(
increment
2)
by
the
date
2
years
after
publication
of
the
final
rule
in
the
Federal
Register.
To
ensure
timely
progress
towards
implementation
of
the
Federal
plan,
the
proposed
rules
include
a
requirement
for
owners
or
operators
of
CISWI
units
seeking
to
take
an
additional
year
to
reach
final
compliance
to
submit
a
request
to
the
Administrator
that
documents
the
need
for
an
extension.
To
meet
the
increment
1
requirement,
the
owner
or
operator
of
each
CISWI
unit
must
submit
a
final
control
plan
that
includes
five
items:
(
1)
A
description
of
the
air
pollution
control
devices
and/
or
process
changes
that
will
be
employed
so
that
each
CISWI
unit
complies
with
the
emission
limits
and
other
requirements,
(
2)
a
list
of
the
types
of
waste
burned,
(
3)
the
maximum
design
waste
burning
capacity,
(
4)
the
anticipated
maximum
charge
rate,
and,
(
5)
if
applicable,
the
petition
for
sitespecific
operating
limits.
A
final
control
plan
is
not
required
for
units
that
will
be
shut
down,
but
those
units
must
close
by
1
year
after
the
final
rule
is
published
or
must
submit
a
closure
agreement
by
6
months
after
the
final
rule
is
published,
close
no
later
than
2
years
after
the
rule
is
published,
and
meet
other
requirements
as
described
in
section
V.
A.
of
this
preamble.
To
meet
the
second
increment
of
progress,
the
owner
or
operator
of
each
CISWI
unit
must
incorporate
all
process
changes
or
complete
retrofit
construction
in
accordance
with
the
final
control
plan.
The
owner
or
operator
must
connect
the
air
pollution
control
equipment
or
process
changes
such
that
when
the
CISWI
unit
is
brought
on
line
all
necessary
process
changes
or
air
pollution
control
equipment
will
operate
as
designed.

F.
How
Did
EPA
Determine
the
Compliance
Schedule?
The
EPA
determined
the
compliance
schedule
based
on
the
requirements
of
40
CFR
part
60,
subpart
B
and
the
feasibility
of
owners
or
operators
to
retrofit
combustion
units
with
air
pollution
control
devices.
CISWI
units
must
comply
within
1
year
after
publication
of
the
final
Federal
plan
or
meet
increments
of
progress.
The
requirement
to
reach
final
compliance
within
1
year
is
consistent
with
40
CFR
60.24(
c)
of
subpart
B.
Subpart
B
requires
final
compliance
to
be
``
as
expeditiously
as
practicable*
*
*''
and
requires
increments
of
progress
if
the
compliance
schedule
is
longer
than
1
year.
The
EPA
believes
that
many
CISWI
units
can
reach
final
compliance
within
1
year
after
promulgation
of
the
Federal
plan
based
on
their
similarity
to
HMIWI
units.
In
addition
to
the
1
year
after
promulgation
of
the
Federal
plan,
units
could
use
the
time
between
this
proposed
rule
and
promulgation
of
the
final
Federal
plan
to
plan
and
begin
retrofits.
The
proposed
compliance
schedule
for
CISWI
units
is
similar
to
the
compliance
schedule
for
HMIWI
units.
Most
CISWI
units
are
similar
in
size
to
HMIWI
units.
In
addition,
CISWI
units
would
require
similar
controls
to
meet
the
CISWI
Federal
plan
emission
limits
as
HMIWI
units
would
need
to
meet
the
HMIWI
Federal
plan
emission
limits.
To
determine
the
compliance
schedule
for
HMIWI
units,
EPA
conducted
case
studies
of
eight
HMIWI
units
that
completed
retrofits
of
the
types
of
controls
needed
to
meet
the
HMIWI
Federal
plan
(
64
FR
36430,
July
6,
1999).
Based
on
these
case
studies
(
Docket
No.
A
 
98
 
24,
II
 
A
 
1),
EPA
found
that
many
HMIWI
units
can
meet
the
requirements
of
the
Federal
plan
within
1
year.
Similarly,
many
CISWI
units
could
meet
a
1­
year
schedule.
We
expect
that
some
CISWI
units
could
need
more
than
1
year
to
comply,
as
did
some
HMIWI
units,
due
to
sitespecific
circumstances.
For
units
that
cannot
comply
within
1
year,
the
proposed
Federal
plan
establishes
increments
of
progress,
as
required
by
subpart
B.
The
proposed
date
for
the
first
increment
of
progress,
submittal
of
a
final
control
plan,
is
6
months
after
publication
of
the
final
Federal
plan
in
the
Federal
Register.
The
proposed
date
for
the
second
increment
of
progress,
final
compliance,
is
2
years
after
publication
of
the
final
Federal
plan
in
the
Federal
Register.
These
increments
are
derived
from
the
findings
of
the
case
studies
performed
to
characterize
the
retrofit
of
control
systems
for
hospital
medical
and
infectious
waste
(
HMIWI)
incinerators
(
Docket
A
 
98
 
24,
Item
II
 
A
 
1).
The
size
and
design
of
CISWI
are
similar
to
the
smaller
HMIWI
that
were
the
subjects
of
the
case
studies.
In
particular,
most
units
are
small
and
controls
will
be
ordered
``
off­
the­
shelf''
as
assembled
packages.
Thus,
the
Agency
did
not
see
a
need
for
increments
to
address
details
of
on­
site
construction
and
installation
of
control
systems.
Also,
CISWI
sites
are
not
thought
to
have
the
problems
with
space
and
access
that
were
concerns
for
HMIWI
retrofits.
In
addition,
CISWI
units
have
the
time
between
publication
of
this
proposed
rule
and
publication
of
the
final
rule
in
the
Federal
Register
to
begin
developing
the
final
control
plan
and
to
initiate
retrofit
activities.
The
proposed
rules
do
not
include
increments
of
progress
for
air
curtain
incinerators
(
ACI).
Air
curtain
incinerators
must
comply
with
the
requirements
of
the
Federal
plan
one
year
after
the
date
of
promulgation
of
the
final
rule.
Delaying
implementation
for
ACI
would
not
be
appropriate
because
there
will
be
little
or
no
need
for
the
installation
of
control
equipment
on
these
units(
Primarily
because
control
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Proposed
Rules
equipment
is
typically
infeasible
for
ACI).
Compliance
with
the
opacity
limits
applicable
to
this
class
of
units
would
primarily
be
achieved
by
good
operation
and
maintenance
practices.
This
approach
is
consistent
with
the
proposed
requirement
for
completion
of
CISWI
operator
training
by
the
date
one
year
after
promulgation
of
the
final
rule.

V.
CISWI
That
Have
or
Will
Shut
Down
A.
Units
That
Plan
To
Close
Rather
Than
Comply
If
you
plan
to
permanently
close
your
currently
operating
CISWI
unit,
you
must
do
one
of
the
following:
(
a)
close
by
the
date
1
year
after
publication
of
the
final
rule
for
this
Federal
plan
in
the
Federal
Register,
or
(
b)
submit
a
legally
binding
closure
agreement,
including
the
date
of
closure,
to
the
Administrator
by
the
date
6
months
after
publication
of
the
final
rule
in
the
Federal
Register.
The
closure
agreement
must
specify
the
date
by
which
operation
will
cease.
The
closure
date
cannot
be
later
than
the
final
compliance
date
of
the
CISWI
Federal
plan
(
2
years
after
publication
of
the
final
rule
in
the
Federal
Register).
If
you
close
your
CISWI
unit
after
the
date
1
year
after
publication
of
the
final
rule
in
the
Federal
Register,
but
before
the
date
2
years
after
publication
of
the
final
rule
in
the
Federal
Register,
then
you
must
comply
with
the
operator
training
and
qualification
requirements
by
the
date
1
year
after
publication
of
the
final
rule
in
the
Federal
Register.
In
addition,
while
still
in
operation,
you
are
subject
to
the
same
requirements
for
title
V
operating
permits
that
apply
to
units
that
will
not
shut
down.

B.
Inoperable
Units
In
cases
where
a
CISWI
unit
has
already
shut
down,
has
been
rendered
inoperable,
and
does
not
intend
to
restart,
the
CISWI
unit
may
be
left
off
the
source
inventory
in
a
State,
Tribal,
or
this
Federal
plan.
A
CISWI
unit
that
has
been
rendered
inoperable
would
not
be
covered
by
the
Federal
plan.
The
CISWI
owner
or
operator
may
do
the
following
to
render
a
CISWI
unit
inoperable:
(
1)
Weld
the
waste
charge
door
shut,
(
2)
remove
stack
(
and
by­
pass
stack,
if
applicable),
(
3)
remove
combustion
air
blowers,
or
(
4)
remove
burners
or
fuel
supply
appurtenances.

C.
CISWI
Units
That
Have
Shut
Down
CISWI
units
that
are
known
to
have
already
shut
down
(
but
are
not
known
to
be
inoperable)
will
be
included
in
the
source
inventory
and
identified
in
any
State
or
Tribal
plan
submitted
to
EPA.
1.
Restarting
Before
The
Final
Compliance
Date
If
the
owner
or
operator
of
an
inactive
CISWI
unit
plans
to
restart
before
the
final
compliance
date,
the
owner
or
operator
must
submit
a
control
plan
for
the
CISWI
unit
and
meet
the
applicable
compliance
schedule.
Final
compliance
is
required
for
all
pollutants
and
all
CISWI
units
no
later
than
the
final
compliance
date.
(
See
section
IV.
E
for
the
discussion
on
compliance
schedules
and
increments
of
progress.)

2.
Restarting
After
The
Final
Compliance
Date
Under
this
proposed
Federal
plan,
a
control
plan
would
not
be
needed
for
inactive
CISWI
units
that
restart
after
the
final
compliance
date.
However,
before
restarting,
such
CISWI
units
would
have
to
complete
the
operator
training
and
qualification
requirements
and
inspection
requirements
(
if
applicable)
and
complete
retrofit
or
process
modifications.
Performance
testing
to
demonstrate
compliance
would
be
required
within
180
days
after
restarting.
There
would
be
no
need
to
show
that
the
increments
of
progress
have
been
met
since
these
steps
would
have
occurred
before
restart
while
the
CISWI
unit
was
shut
down
and
not
generating
emissions.
A
CISWI
unit
that
operates
out
of
compliance
after
the
final
compliance
date
would
be
in
violation
of
the
Federal
plan
and
subject
to
enforcement
action.

VI.
Implementation
of
the
Federal
Plan
and
Delegation
A.
Background
of
Authority
Under
sections
111(
d)
and
129(
b)
of
the
CAA,
EPA
is
required
to
adopt
emission
guidelines
that
are
applicable
to
existing
solid
waste
incineration
sources.
These
emission
guidelines
are
not
enforceable
until
EPA
approves
a
State
or
Tribal
plan
or
adopts
a
Federal
plan
that
implements
and
enforces
them,
and
the
State,
Tribal,
or
Federal
plan
has
become
effective.
As
discussed
above,
the
Federal
plan
regulates
CISWI
units
in
a
State
or
Tribal
area
that
does
not
have
an
EPA­
approved
plan
currently
in
effect.
Congress
has
determined
that
the
primary
responsibility
for
air
pollution
prevention
and
control
rests
with
State
and
local
agencies.
See
section
101(
a)(
3)
of
the
CAA.
Consistent
with
that
overall
determination,
Congress
established
sections
111
and
129
of
the
CAA
with
the
intent
that
the
States
and
local
agencies
take
the
primary
responsibility
for
ensuring
that
the
emission
limitations
and
other
requirements
in
the
emission
guidelines
are
achieved.
Also,
in
section
111(
d)
of
the
CAA,
Congress
explicitly
required
that
EPA
establish
procedures
that
are
similar
to
those
under
section
110(
c)
for
State
Implementation
Plans.
Although
Congress
required
EPA
to
propose
and
promulgate
a
Federal
plan
for
States
that
fail
to
submit
approvable
State
plans
on
time,
States
and
Tribes
may
submit
approvable
plans
after
promulgation
of
the
CISWI
Federal
plan.
The
EPA
strongly
encourages
States
that
are
unable
to
submit
approvable
plans
to
request
delegation
of
the
Federal
plan
so
that
they
can
have
primary
responsibility
for
implementing
the
emission
guidelines,
consistent
with
Congress'
intent.
Approved
and
effective
State
plans
or
delegation
of
the
Federal
plan
is
EPA's
preferred
outcome
since
EPA
believes
that
State
and
local
agencies
not
only
have
the
responsibility
to
carry
out
the
emission
guidelines,
but
also
have
the
practical
knowledge
and
enforcement
resources
critical
to
achieving
the
highest
rate
of
compliance.
For
these
reasons,
EPA
will
do
all
that
it
can
to
expedite
delegation
of
the
Federal
plan
to
State
and
local
agencies,
whenever
possible.
The
EPA
also
believes
that
Indian
Tribes
should
be
the
primary
parties
responsible
for
regulating
air
quality
within
Indian
country,
if
they
desire
to
do
so.
See
EPA's
Indian
Policy
(``
Policy
for
Administration
of
Environmental
Programs
on
Indian
Reservations,''
signed
by
William
D.
Ruckelshaus,
Administrator
of
EPA,
dated
November
4,
1984),
reaffirmed
in
a
2001
memorandum
(``
EPA
Indian
Policy,''
signed
by
Christine
Todd
Whitman,
Administrator
of
EPA,
dated
July
11,2001).

B.
Delegation
of
the
Federal
Plan
and
Retained
Authorities
If
a
State
or
Indian
Tribe
intends
to
take
delegation
of
the
Federal
plan,
the
State
or
Indian
Tribe
must
submit
to
the
appropriate
EPA
Regional
Office
a
written
request
for
delegation
of
authority.
The
State
or
Indian
Tribe
must
explain
how
it
meets
the
criteria
for
delegation.
See
generally
``
Good
Practices
Manual
for
Delegation
of
NSPS
and
NESHAP''
(
EPA,
February
1983).
In
order
to
obtain
delegation,
an
Indian
Tribe
must
also
establish
its
eligibility
to
be
treated
in
the
same
manner
as
a
State
(
see
section
IV.
E.
1
of
this
preamble).
The
letter
requesting
delegation
of
authority
to
implement
the
Federal
plan
must
demonstrate
that
the
State
or
Tribe
has
adequate
resources,
as
well
as
the
legal
and
enforcement
authority
to
administer
and
enforce
the
program.
A
memorandum
of
agreement
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Proposed
Rules
between
the
State
or
Tribe
and
EPA
would
set
forth
the
terms
and
conditions
of
the
delegation,
the
effective
date
of
the
agreement,
and
would
also
serve
as
the
mechanism
to
transfer
authority.
Upon
signature
of
the
agreement,
the
appropriate
EPA
Regional
Office
would
publish
an
approval
notice
in
the
Federal
Register,
thereby
incorporating
the
delegation
authority
into
the
appropriate
subpart
of
40
CFR
part
62.
If
authority
is
not
delegated
to
a
State
or
Indian
Tribe,
EPA
will
implement
the
Federal
plan.
Also,
if
a
State
or
Tribe
fails
to
properly
implement
a
delegated
portion
of
the
Federal
plan,
EPA
will
assume
direct
implementation
and
enforcement
of
that
portion.
The
EPA
will
continue
to
hold
enforcement
authority
along
with
the
State
or
Tribe
even
when
a
State
or
Tribe
has
received
delegation
of
the
Federal
plan.
In
all
cases
where
the
Federal
plan
is
delegated,
EPA
will
retain
and
will
not
transfer
authority
to
a
State
or
Tribe
to
approve
the
following
items:
(
1)
Alternative
site­
specific
operating
parameters
established
by
facilities
using
CISWI
controls
other
than
a
wet
scrubber
(
§
62.14640
of
subpart
III),
(
2)
Alternative
methods
of
demonstrating
compliance,
(
3)
Alternative
requirements
that
could
change
the
stringency
of
the
underlying
standard,
which
are
likely
to
be
nationally
significant,
or
which
may
require
a
national
rulemaking
and
subsequent
Federal
Register
notice.
The
following
authorities
may
not
be
delegated
to
the
State,
Tribal
or
local
agencies:
Approval
of
alternative
nonopacity
emission
standards,
approval
of
alternative
opacity
standard,
approval
of
major
alternatives
to
test
methods,
approval
of
major
alternatives
to
monitoring,
and
waiver
of
recordkeeping
and
reporting;
and
(
4)
Petitions
to
the
Administrator
to
add
a
chemical
recovery
unit
to
§
62.14525(
n)
of
subpart
III.
CISWI
owners
or
operators
who
wish
to
establish
alternative
operating
parameters
or
alternative
methods
of
demonstrating
compliance
should
submit
a
request
to
the
Regional
Office
Administrator
with
a
copy
to
the
appropriate
State
or
Tribe.

C.
Mechanisms
for
Transferring
Authority
There
are
two
mechanisms
for
transferring
implementation
authority
to
State
or
Tribal
agencies:
(
1)
EPA
approval
of
a
State
or
Tribal
plan
after
the
Federal
plan
is
in
effect;
and
(
2)
if
a
State
or
Tribe
does
not
submit
or
obtain
approval
of
its
own
plan,
EPA
delegation
to
a
State
or
Tribe
of
the
authority
to
implement
certain
portions
of
this
Federal
plan
to
the
extent
appropriate
and
if
allowed
by
State
or
Tribal
law.
Both
of
these
options
are
described
in
more
detail
below.

1.
Federal
Plan
Becomes
Effective
Prior
to
Approval
of
a
State
or
Tribal
Plan
After
CISWI
units
in
a
State
or
Tribal
area
become
subject
to
the
Federal
plan,
the
State
or
Tribal
agency
may
still
adopt
and
submit
a
plan
to
EPA.
If
EPA
determines
that
the
State
or
Tribal
plan
is
as
protective
as
the
emission
guidelines,
EPA
will
approve
the
State
or
Tribal
plan.
If
EPA
determines
that
the
plan
is
not
as
protective
as
the
emission
guidelines,
EPA
will
disapprove
the
plan
and
the
CISWI
units
covered
in
the
State
or
Tribal
plan
would
remain
subject
to
the
Federal
plan
until
a
State
or
Tribal
plan
covering
those
CISWI
units
is
approved
and
effective.
Upon
the
effective
date
of
an
approved
State
or
Tribal
plan,
the
Federal
plan
would
no
longer
apply
to
CISWI
units
covered
by
such
a
plan,
and
the
State
or
Tribal
agency
would
implement
and
enforce
the
State
or
Tribal
plan
in
lieu
of
the
Federal
plan.
When
an
EPA
Regional
Office
approves
a
State
or
Tribal
plan,
it
will
amend
the
appropriate
subpart
of
40
CFR
part
62
to
indicate
such
approval.

2.
State
or
Tribe
Takes
Delegation
of
the
Federal
Plan
The
EPA,
in
its
discretion,
may
delegate
to
State
or
eligible
Tribal
agencies
the
authority
to
implement
this
Federal
plan.
As
discussed
above,
EPA
believes
that
it
is
advantageous
and
the
best
use
of
resources
for
State
or
Tribal
agencies
to
agree
to
undertake,
on
EPA's
behalf,
the
administrative
and
substantive
roles
in
implementing
the
Federal
plan
to
the
extent
appropriate
and
where
authorized
by
State
or
Tribal
law.
If
a
State
requests
delegation,
EPA
will
generally
delegate
the
entire
Federal
plan
to
the
State
agency.
These
functions
include
administration
and
oversight
of
compliance
reporting
and
recordkeeping
requirements,
CISWI
inspections,
and
preparation
of
draft
notices
of
violation.
The
EPA
also
believes
that
it
is
the
best
use
of
resources
for
Tribal
agencies
to
undertake
a
role
in
the
implementation
of
the
Federal
plan.
The
Tribal
Authority
Rule
issued
on
February
12,
1998
(
63
FR
7254)
provides
Tribes
the
opportunity
to
develop
and
implement
Clean
Air
Act
programs.
However,
due
to
resource
constraints
and
other
factors
unique
to
Tribal
governments,
it
leaves
to
the
discretion
of
the
Tribe
whether
to
develop
these
programs
and
which
elements
of
the
program
they
will
adopt.
Consistent
with
the
approach
of
the
Tribal
Authority
Rule,
EPA
may
choose
to
delegate
a
partial
Federal
plan
(
i.
e.,
to
delegate
authority
for
some
functions
needed
to
carry
out
the
plan)
in
appropriate
circumstances
and
where
consistent
with
Tribal
law.
Both
States
and
Tribal
agencies,
that
have
taken
delegation,
as
well
as
EPA,
will
have
responsibility
for
bringing
enforcement
actions
against
sources
violating
Federal
plan
provisions.
However,
EPA
recognizes
that
Tribes
have
limited
criminal
enforcement
authority,
and
EPA
will
address
in
the
delegation
agreement
with
the
Tribe
how
criminal
enforcement
issues
are
referred
to
EPA.

D.
Implementing
Authority
The
EPA
will
delegate
authority
within
the
Agency
to
the
EPA
Regional
Administrators
to
implement
the
CISWI
Federal
plan.
All
reports
required
by
this
Federal
plan
should
be
submitted
to
the
appropriate
Regional
Office
Administrator.
Table
1
under
Supplementary
Information
lists
the
names
and
addresses
of
the
EPA
Regional
Office
contacts
and
the
States
that
they
cover.

E.
CISWI
Federal
Plan
and
Indian
Country
The
term
``
Indian
country,''
as
used
in
this
preamble,
means
(
1)
all
land
within
the
limits
of
any
Indian
reservation
under
the
jurisdiction
of
the
United
States
government,
notwithstanding
the
issuance
of
any
patent,
and
including
rights­
of­
way
running
through
the
reservation;
(
2)
all
dependent
Indian
communities
within
the
borders
of
the
United
States
whether
within
the
original
or
subsequently
acquired
territory
thereof,
and
whether
within
or
without
the
limits
of
a
State;
and
(
3)
all
Indian
allotments,
the
Indian
titles
to
which
have
not
been
extinguished,
including
rights­
of­
way
running
through
the
same.
The
CISWI
Federal
plan
would
apply
throughout
Indian
country
to
ensure
that
there
is
not
a
regulatory
gap
for
existing
CISWI
units
in
Indian
country.
However,
eligible
Indian
tribes
now
have
the
authority
under
the
CAA
to
develop
Tribal
plans
in
the
same
manner
that
States
develop
State
plans.
On
February
12,
1998,
EPA
promulgated
regulations
that
outline
provisions
of
the
CAA
for
which
it
is
appropriate
to
treat
Tribes
in
the
same
manner
as
States.
See
63
FR
7254
(
Final
Rule
for
Indian
Tribes:
Air
Quality
Planning
and
Management,
(
Tribal
Authority
Rule))
(
codified
at
40
CFR
part
49).
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of
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Proposed
Rules
2
A
title
V
application
should
be
submitted
early
enough
for
the
permitting
authority
to
find
the
application
either
complete
or
incomplete
before
the
title
V
application
deadline.
In
the
event
the
application
is
found
incomplete
by
the
permitting
authority,
the
source
must
submit
the
information
needed
to
make
the
application
complete
by
the
application
deadline
in
order
to
obtain
the
application
shield.
See
40
CFR
62.14835(
b)
and
40
CFR
70.5(
a)(
2)
and
71.5(
a)(
2).
3
For
example,
in
the
absence
of
such
an
interpretation,
if
a
final
Federal
plan
were
to
become
effective
more
than
24
months
after
the
promulgation
of
emission
guidelines
promulgated
under
sections
111
and
129,
a
source,
if
subject
to
the
Federal
plan,
would
have
less
than
12
months
to
prepare
and
submit
a
complete
title
V
permit
application
and
to
have
the
permit
issued.
EPA's
interpretation
allows
section
129(
e)
to
be
read
consistently
with
section
503(
d)
of
the
Act
and
40
CFR
70.7(
b)
and
71.7(
b).
EPA's
interpretation
is
also
consistent
with
section
503(
c)
of
the
Act
which
requires
sources
to
submit
title
V
applications
not
later
than
12
months
after
becoming
subject
to
a
title
V
permits
programs.
If
a
permit
as
opposed
to
a
title
V
application
were
required
by
the
later
of
the
two
deadlines
specified
in
section
129(
e),
some
section
129
sources
would
be
required
to
have
been
issued
final
title
V
permits
in
potentially
much
less
time
than
allotted
for
non­
section
129
sources
to
submit
their
title
V
applications.
4
If
a
source
is
subject
to
title
V
for
more
than
one
reason,
the
12­
month
time
frame
for
submitting
a
title
V
application
is
triggered
by
the
requirement
which
first
causes
the
source
to
become
subject
to
title
V.
As
provided
in
section
503(
c)
of
the
CAA,
permitting
authorities
may
establish
permit
application
deadlines
earlier
than
the
12­
month
deadline.
March
16,
1998,
the
effective
date
of
the
Tribal
Authority
Rule,
EPA
has
had
authority
under
the
CAA
to
approve
Tribal
programs
such
as
Tribal
plans
to
implement
and
enforce
the
CISWI
emission
guidelines.

1.
Tribal
Implementation
Section
301(
d)
of
the
CAA
authorizes
the
Administrator
to
treat
an
Indian
tribe
as
a
State
under
certain
circumstances.
The
Tribal
Authority
Rule,
which
implements
section
301(
d)
of
the
CAA,
identifies
provisions
of
the
CAA
for
which
it
is
appropriate
to
treat
a
Tribe
as
a
State.
(
See
40
CFR
49.3
and
49.4.)
Under
the
Tribal
Authority
Rule,
a
Tribe
may
be
treated
as
a
State
for
purposes
of
this
Federal
plan.
If
a
Tribe
meets
the
criteria
below,
EPA
can
delegate
to
an
Indian
tribe
authority
to
implement
the
Federal
plan
in
the
same
way
it
can
delegate
authority
to
a
State:
(
1)
The
applicant
is
an
Indian
tribe
recognized
by
the
Secretary
of
the
Interior;
(
2)
The
Indian
tribe
has
a
governing
body
carrying
out
substantial
governmental
duties
and
functions;
(
3)
The
functions
to
be
exercised
by
the
Indian
tribe
pertain
to
the
management
and
protection
of
air
resources
within
the
exterior
boundaries
of
the
reservation
or
other
areas
within
the
tribe's
jurisdiction;
and
(
4)
The
Indian
tribe
is
reasonably
expected
to
be
capable,
in
the
EPA
Regional
Administrator's
judgment,
of
carrying
out
the
functions
to
be
exercised
in
a
manner
consistent
with
the
terms
and
purposes
of
the
CAA
and
all
applicable
regulations.
(
See
40
CFR
49.6.)

2.
EPA
Implementation
The
CAA
also
provides
EPA
with
the
authority
to
administer
Federal
programs
in
Indian
country.
This
authority
is
based
in
part
on
the
general
purpose
of
the
CAA,
which
is
national
in
scope.
Section
301(
a)
of
the
CAA
provides
EPA
broad
authority
to
issue
regulations
that
are
necessary
to
carry
out
the
functions
of
the
CAA.
Congress
intended
for
EPA
to
have
the
authority
to
operate
a
Federal
program
when
Tribes
choose
not
to
develop
a
program,
do
not
adopt
an
approvable
program,
or
fail
to
adequately
implement
an
air
program
authorized
under
section
301(
d)
of
the
CAA.
Section
301(
d)(
4)
of
the
CAA
authorizes
the
Administrator
to
directly
administer
provisions
of
the
CAA
to
achieve
the
appropriate
purpose
where
Tribal
implementation
is
not
appropriate
or
administratively
not
feasible.
The
EPA's
interpretation
of
its
authority
to
directly
implement
Clean
Air
Act
programs
in
Indian
country
is
discussed
in
more
detail
in
the
Tribal
Authority
Rule.
See
63
FR
at
7262
 
7263.
As
mentioned
previously,
Tribes
may,
but
are
not
required
to,
submit
a
CISWI
plan
under
section
111(
d)
of
the
CAA.

3.
Applicability
in
Indian
Country
The
Federal
plan
would
apply
throughout
Indian
country
except
where
an
EPA­
approved
plan
already
covers
an
area
of
Indian
country.
This
approach
is
consistent
with
EPA's
implementation
of
the
Federal
Operating
Permits
program
in
Indian
country
(
see
64
FR
8247
(
February
19,
1999)).

VII.
Title
V
Operating
Permits
Except
for
the
sources
specified
in
section
62.14830
of
this
proposed
rule,
sources
subject
to
this
CISWI
Federal
plan
must
obtain
title
V
operating
permits.
These
title
V
operating
permits
must
assure
compliance
with
all
applicable
requirements
for
these
sources,
including
all
applicable
requirements
of
this
Federal
plan.
See
40
CFR
70.6(
a)(
1),
70.2,
71.6(
a)(
1)
and
71.2.
Owners
or
operators
of
section
129
sources
(
including
CISWI
units)
subject
to
standards
or
regulations
under
sections
111
and
129
must
operate
pursuant
to
a
title
V
permit
not
later
than
36
months
after
promulgation
of
emission
guidelines
under
sections
111
and
129
or
by
the
effective
date
of
the
State,
Tribal,
or
Federal
title
V
operating
permits
program
that
covers
the
area
in
which
the
unit
is
located,
whichever
is
later.
The
EPA
has
interpreted
section
129(
e)
to
be
consistent
with
section
503(
d)
of
the
CAA
and
40
CFR
70.7(
b)
and
71.7(
b).
(
See,
e.
g.,
the
final
Federal
Plan
for
Hospital/
Medical/
Infectious
Waste
Incinerators,
August
15,
2000
(
65
FR
49868,
49878)).
Section
503(
d)
of
the
CAA
and
40
CFR
70.7(
b)
and
71.7(
b)
allow
a
source
to
operate
without
being
in
violation
of
title
V
once
the
source
has
submitted
a
timely
and
complete
permit
application,
even
if
the
source
has
not
yet
received
a
final
title
V
operating
permit
from
the
permitting
authority.
2
As
a
result,
EPA
interprets
the
dates
in
section
129(
e)
to
be
the
dates
by
which
complete
title
V
applications
need
to
be
submitted.
In
the
absence
of
such
an
interpretation,
a
section
129
source
may
be
required
to
prepare
and
submit
a
complete
title
V
application
and
the
permitting
authority
would
have
to
issue
a
permit
to
this
source
in
a
very
short
period
of
time.
3
As
a
result
of
EPA's
interpretation,
existing
CISWI
units
must
submit
complete
title
V
applications
by
the
later
of
the
following
dates:
Not
later
than
36
months
after
the
promulgation
of
40
CFR
part
60,
subpart
DDDD
or
by
the
effective
date
of
the
State,
Tribal,
or
Federal
title
V
operating
permits
program
that
covers
the
area
in
which
the
unit
is
located.
As
of
today's
proposal,
all
areas
of
the
country
are
covered
by
effective
title
V
programs.
As
a
result,
the
relevant
section
129(
e)
date
for
existing
CISWI
units
is
36
months
following
promulgation
of
40
CFR
part
60,
subpart
DDDD,
i.
e.,
December
1,
2003.
Therefore,
December
1,
2003
is
the
latest
possible
date
by
which
complete
applications
for
existing
CISWI
units
can
be
submitted
and
still
be
considered
timely.
This
date
applies
regardless
of
when
the
CISWI
Federal
plan
becomes
effective
or
when
an
EPA
approved
section
111(
d)/
129
plan
for
existing
CISWI
units
becomes
effective.
If,
however,
an
earlier
application
deadline
applies
to
an
existing
CISWI
unit,
then
this
deadline
must
be
met
in
order
for
the
unit
to
be
in
compliance
with
section
502(
a)
of
the
CAA.
To
determine
when
an
application
is
due
for
an
existing
CISWI
unit,
section
129(
e)
of
the
CAA
must
be
read
in
conjunction
with
section
503(
c)
of
the
CAA.
As
stated
in
section
503(
c),
a
source
has
up
to
12
months
to
apply
for
a
title
V
permit
once
it
becomes
subject
to
a
title
V
permitting
program.
4
For
example,
if
an
existing
CISWI
unit
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Monday,
November
25,
2002
/
Proposed
Rules
5
See
CAA
section
502(
b)(
9);
40
CFR
70.7(
f)(
1)(
i)
and
71.7(
f)(
1)(
i).
Owners
or
operators
of
CISWI
units,
which
have
been
permitted
and
are
subject
to
this
Federal
plan,
may
wish
to
consult
their
operating
permits
program
regulations
or
permitting
authorities
to
determine
whether
their
permits
must
be
reopened
to
incorporate
the
requirements
of
this
Federal
plan.
becomes
subject
to
a
title
V
permitting
program
for
the
first
time
on
the
effective
date
of
this
Federal
plan,
then
the
source
must
apply
for
a
title
V
permit
within
12
months
of
the
effective
date
of
this
Federal
plan
in
order
to
operate
after
this
date
in
compliance
with
Federal
law.
An
application
deadline
earlier
than
either
of
the
two
dates
noted
above,
i.
e.,
December
1,
2003
or
not
later
than
12
months
after
the
effective
date
of
this
Federal
plan,
may
apply
to
an
existing
CISWI
unit
if
it
is
subject
to
title
V
for
more
than
one
reason.
For
example,
an
existing
CISWI
unit
may
already
be
subject
to
title
V
as
a
result
of
being
a
major
source
under
one
or
more
of
three
major
source
definitions
in
title
V
 
section
112,
section
302,
or
part
D
of
title
I
of
the
CAA.
See
40
CFR
70.3(
a)(
1)
and
71.3(
a)(
1)
(
subjecting
major
sources
to
title
V
permitting)
and
40
CFR
70.2
and
71.2
(
defining
major
source
for
purposes
of
title
V).
See
also
40
CFR
70.3(
a)
and
(
b)
and
71.3(
a)
and
(
b)
for
a
list
of
the
applicability
criteria
which
trigger
the
requirement
to
apply
for
a
title
V
permit.
If
an
owner
or
operator
is
already
subject
to
title
V
by
virtue
of
some
requirement
other
than
this
Federal
plan
and
has
submitted
a
timely
and
complete
permit
application,
but
the
draft
title
V
permit
has
not
yet
been
released
by
the
permitting
authority,
then
the
owner
or
operator
must
supplement
his
title
V
application
by
including
the
applicable
requirements
of
this
Federal
plan
in
accordance
with
40
CFR
70.5(
b)
or
71.5(
b).
If
an
existing
CISWI
unit
is
a
major
source
or
is
part
of
a
major
source,
is
subject
to
this
Federal
plan,
and
is
already
covered
by
a
title
V
permit
with
a
remaining
permit
term
of
3
or
more
years
on
the
effective
date
of
this
Federal
plan,
then
the
owner
or
operator
will
receive
from
his
permitting
authority
a
notice
of
intent
to
reopen
his
source's
title
V
permit
to
include
the
requirements
of
this
Federal
plan.
Reopenings
required
for
such
CISWI
units
must
be
completed
not
later
than
18
months
after
the
effective
date
of
this
Federal
plan
in
accordance
with
the
procedures
established
in
40
CFR
70.7(
f)(
1)(
i)
or
71.7(
f)(
1)(
i).
If
an
existing
CISWI
unit
subject
to
this
Federal
plan
does
not
meet
the
above
criteria,
e.
g.,
the
unit
is
part
of
a
nonmajor
source
or
is
covered
by
a
permit
which
has
a
remaining
term
of
less
than
3
years
on
the
effective
date
of
this
Federal
plan,
then
the
permitting
authority
does
not
need
to
reopen
the
source's
permit,
as
a
matter
of
Federal
law,
to
include
the
requirements
of
this
Federal
plan.
5
However,
the
owner
or
operator
of
a
source
subject
to
a
section
111/
129
Federal
plan
remains
subject
to,
and
must
act
in
compliance
with,
section
111/
129
requirements
and
all
other
applicable
requirements
to
which
the
source
is
subject
regardless
of
whether
these
requirements
are
included
in
a
title
V
permit.
See
40
CFR
70.6(
a)(
1),
70.2,
71.6(
a)(
1)
and
71.2.
The
EPA
has
recently
become
aware
that
there
has
been
some
confusion
regarding
the
Title
V
obligations
of
section
129
sources
that
are
subject
to
standards
or
regulations
under
sections
111
and
129.
We
are
therefore
including
the
following
chart
to
help
clarify
when
CISWI
units
(
even
those
not
subject
to
this
Federal
plan)
must
apply
for
a
title
V
permit.
While
the
following
chart
provides
specific
information
relative
to
CISWI
units,
the
same
title
V
obligations
apply
to
all
section
129
sources
subject
to
standards
or
regulations
under
sections
111
and
129.
Of
course,
specific
deadlines
will
vary
for
other
section
129
sources
depending
on
when
the
relevant
NSPS
is
promulgated,
when
the
relevant
State
or
Tribal
section
111(
d)/
129
plan
is
approved
by
EPA
and
becomes
effective,
etc.
Lastly,
the
following
table
takes
into
account
that
as
of
the
promulgation
date,
i.
e.,
December
1,
2000,
for
the
NSPS
(
subpart
CCCC
of
part
60)
and
emission
guidelines
(
subpart
DDDD
of
part
60)
for
CISWI
units,
every
area
of
the
country
was
covered
by
a
title
V
permits
program
under
40
CFR
part
70
or
part
71.
This
point
is
relevant
because
a
section
111/
129
standard
cannot
trigger
the
requirement
for
a
source
to
apply
for
a
title
V
permit
unless
a
title
V
permits
program
is
in
effect
in
the
area
in
which
the
source
is
located.

Title
V
Permit
Application
Deadlines
If
a
CISWI
unit
is
a
major
source
or
is
part
of
a
major
source,
and
had
commenced
operation
as
of
the
effective
date
of
the
relevant
title
V
permits
program,
Then
a
complete
title
V
application
which
covers
the
entire
source
6
is
due
not
later
than
12
months
(
or
earlier
if
required
by
the
title
V
permitting
authority)
after
the
effective
date
of
the
relevant
title
V
permits
program.
See
CAA
section
503(
c)
and
40
CFR
70.4(
b)(
11)(
i),
71.4(
i)(
1),
70.5(
a)(
1)(
i)
and
71.5(
a)(
1)(
i).

If
a
CISWI
unit
is
a
major
source
or
is
part
of
a
major
source,
but
did
not
commence
operation
until
after
the
relevant
title
V
permits
program
became
effective,
Then
a
complete
title
V
application
which
covers
the
entire
source
is
due
not
later
than
12
months
(
or
earlier
if
required
by
the
title
V
permitting
authority)
after
the
date
the
source
commences
operation.
See
CAA
section
503(
c)
and
40
CFR
70.5(
a)(
1)(
i)
and
71.5(
a)(
1)(
i).

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/
Vol.
67,
No.
227
/
Monday,
November
25,
2002
/
Proposed
Rules
If
a
CISWI
unit
is
a
nonmajor
source
or
is
part
of
a
nonmajor
source,
is
subject
to
the
CISWI
NSPS
(
subpart
CCCC
of
40
CFR
part
60),
and
had
commenced
operation
as
of
December
1,
2000,
Then
a
complete
title
V
application
7
is
due
not
later
than
12
months
after
subpart
CCCC
was
promulgated,
i.
e.,
December
1,
2001
(
or
earlier
if
required
by
the
title
V
permitting
authority).
See
CAA
section
503(
c)
and
40
CFR
70.5(
a)(
1)(
i)
and
71.5(
a)(
1)(
i).

If
a
CISWI
unit
is
a
nonmajor
source
or
is
part
of
a
nonmajor
source,
is
subject
to
the
CISWI
NSPS
(
subpart
CCCC
of
40
CFR
part
60),
but
did
not
commence
operation
until
after
December
1,
2000,
Then
a
complete
title
V
application
7
is
due
not
later
than
12
months
(
or
earlier
if
required
by
the
title
V
permitting
authority)
after
the
date
the
source
commences
operation.
See
CAA
section
503(
c)
and
40
CFR
70.5(
a)(
1)(
i)
and
71.5(
a)(
1)(
i).

If
a
CISWI
unit
is
a
nonmajor
source
or
is
part
of
a
nonmajor
source,
and
is
subject
to
an
EPA
approved
and
effective
State
or
Tribal
section
111(
d)/
129
plan,
Then
a
complete
title
V
application
is
due
not
later
than
12
months
(
or
earlier
if
required
by
the
title
V
permitting
authority)
after
the
effective
date
of
the
EPA
approved
State
or
Tribal
section
11(
d)/
129
plan.
8
See
CAA
section
503(
c)
and
40
CFR
70.5(
a)(
1)(
i)
and
71.5(
a)(
1)(
i).
In
no
event,
however,
can
such
an
existing
CISWI
unit
submit
a
complete
title
V
application
after
December
1,
2003
and
have
it
be
considered
timely.
See
CAA
section
129(
e)
and
40
CFR
62.14835
of
subpart
III.

If
a
CISWI
unit
is
a
nonmajor
source
or
is
part
of
a
nonmajor
source,
and
is
subject
to
the
CISWI
Federal
plan
(
subpart
III
of
40
CFR
part
62),
Then
a
complete
title
V
application
is
due
not
later
than
12
months
(
or
earlier
if
required
by
the
title
V
permitting
authority)
after
the
effective
date
of
40
CFR
part
62,
subpart
III.
See
CAA
section
503(
c)
and
40
CFR
70.5(
a)(
1)(
i)
and
71.5(
a)(
1)(
i).
In
no
event,
however,
can
such
an
existing
CISWI
unit
submit
a
complete
title
V
application
after
December
1,
2003
and
have
it
be
considered
timely.
See
CAA
section
129(
e)
and
40
CFR
62.14835
of
subpart
III.

If
a
CISWI
unit
is
required
to
obtain
a
title
V
permit
due
to
triggering
more
than
one
of
the
applicability
criteria
listed
above
or
in
40
CFR
70.3(
a)
or
71.3(
a),
Then
a
complete
title
V
application
is
due
not
later
than
12
months
(
or
earlier
if
required
by
the
title
V
permitting
authority)
after
the
unit
triggers
the
criterion
which
first
caused
the
unit
to
be
subject
to
title
V.
See
CAA
section
503(
c)
and
40
CFR
70.3(
a)
and
(
b),
70.5(
a)(
1),
71.3(
a)
and
(
b)
and
71.5(
a)(
1).
In
no
event,
however,
can
an
existing
CISWI
unit
submit
a
complete
title
V
application
after
December
1,
2003
and
have
it
be
considered
timely.
See
CAA
section
129(
e)
and
40
CFR
62.14835
of
subpart
III.

Reopening
Title
V
Permits
If
a
CISWI
unit
is
a
major
source
or
is
part
of
a
major
source,
is
subject
to
the
CISWI
NSPS
(
subpart
CCCC
of
40
CFR
part
60),
and
is
covered
by
a
title
V
permit
with
a
remaining
permit
term
of
3
or
more
years
on
December
1,
2000,
Then
the
title
V
permitting
authority
must
complete
a
reopening
of
the
source's
title
V
permit
to
incorporate
the
requirements
of
40
CFR
part
60,
subpart
CCCC
not
later
than
June
1,
2002.
See
CAA
section
502(
b)(
9);
40
CFR
70.7(
f)(
1)(
i)
and
71.7(
f)(
1)(
i).

If
a
CISWI
unit
is
a
major
source
or
is
part
of
a
major
source,
is
subject
to
an
EPA
approved
and
effective
State
or
Tribal
section
111(
d)/
129
plan
for
CISWI
units,
and
is
covered
by
a
title
V
permit
with
a
remaining
term
of
3
or
more
years
on
the
effective
date
of
the
EPA
approved
section
111(
d)/
129
plan,
Then
the
title
V
permitting
authority
must
complete
a
reopening
of
the
source's
title
V
permit
to
incorporate
the
requirements
of
this
EPA
approved
and
effective
section
111(
d)/
129
plan
not
later
than
18
months
after
the
effective
date
of
this
plan.
See
CAA
section
502(
b)(
9);
40
CFR
70.7(
f)(
1)(
i)
and
71.7(
f)(
1)(
i).

If
a
CISWI
unit
is
a
major
source
or
is
part
of
a
major
source,
is
subject
to
the
CISWI
Federal
plan
(
supbart
III
of
40
CFR
part
62),
and
is
covered
by
a
title
V
permit
with
a
remaining
permit
term
of
3
or
more
years
on
the
effective
date
of
this
Federal
plan,
Then
the
title
V
permitting
authority
must
complete
a
reopening
of
the
source's
title
V
permit
to
incorporate
the
requirements
of
subpart
III
of
40
CFR
part
62
not
later
than
18
months
after
the
effective
date
of
the
CISWI
Federal
plan.
See
CAA
section
502(
b)(
9);
40
CFR
70.7(
f)(
1)(
i)
and
71.7(
f)(
1)(
i).

Updating
Existing
Title
V
Permit
Applications
If
a
CISWI
unit
is
subject
to
the
CISWI
NSPS
(
subpart
CCCC
of
40
CFR
part
60),
but
first
became
subject
to
title
V
permitting
prior
to
the
promulgation
of
this
NSPS,
and
the
owner
or
operator
of
the
unit
has
submitted
a
timely
and
complete
title
V
permit
application,
but
the
draft
title
V
permit
has
not
yet
been
released
by
the
permitting
authority,
Then
the
owner
or
operator
must
supplement
the
title
V
application
by
including
the
applicable
requirements
of
40
CFR
part
60,
subpart
CCCC
in
accordance
with
40
CFR
70.5(
b)
or
71.5(
b).

If
a
CISWI
unit
is
subject
to
an
EPA
approved
and
effective
State
or
Tribal
section
111(
d)/
129
plan
for
CISWI
units,
but
first
became
subject
to
title
V
permitting
prior
to
the
effective
date
of
the
section
111(
d)/
129
plan,
and
the
owner
or
operator
of
the
unit
has
submitted
a
timely
and
complete
title
V
permit
application,
but
the
draft
title
V
permit
has
not
yet
been
released
by
the
permitting
authority,
Then
the
owner
or
operator
must
supplement
the
title
V
application
by
including
the
applicable
requirements
of
the
approved
and
effective
section
111(
d)/
129
plan
in
accordance
with
40
CFR
70.5(
b)
or
71.5(
b).

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FR\
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25NOP2.
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25NOP2
70652
Federal
Register
/
Vol.
67,
No.
227
/
Monday,
November
25,
2002
/
Proposed
Rules
9
An
owner
or
operator
of
a
source
subject
to
a
section
111/
129
Federal
plan
remains
subject
to,
and
must
act
in
compliance
with,
section
111/
129
requirements
and
all
other
applicable
requirements
to
which
the
source
is
subject
regardless
of
whether
these
requirements
are
included
in
a
title
V
permit.
See
40
CFR
70.6(
a)(
1),
70.2,
71.6(
a)(
1)
and
71.2.
10
Under
40
CFR
70.4(
b)(
3)(
iv),
permitting
authorities
are
allowed
to
issue
permits
for
solid
waste
incineration
units
combusting
municipal
waste
subject
to
standards
under
section
129(
e)
of
the
Act
for
a
period
not
to
exceed
12
years,
provided
that
the
permits
are
reviewed
at
least
every
5
years.
Permits
with
acid
rain
provisions
must
be
issued
for
a
fixed
term
of
five
years;
shorter
terms
for
such
permits
are
not
allowed.
11
If
the
Administrator
chooses
to
retain
certain
authorities
under
a
standard,
those
authorities
cannot
be
delegated,
e.
g.,
alternative
methods
of
demonstrating
compliance.
12
The
EPA
interprets
the
phrase
``
assure
compliance''
in
section
502(
b)(
5)(
A)
to
mean
that
permitting
authorities
will
implement
and
enforce
If
a
CISWI
unit
is
subject
to
the
CISWI
Federal
plan
(
subpart
III
of
40
CFR
part
62),
but
first
became
subject
to
title
V
permitting
prior
to
the
effective
date
of
this
Federal
plan,
and
the
owner
or
operator
of
the
unit
has
submitted
a
timely
and
complete
title
V
permit
application,
but
the
draft
title
V
permit
has
not
yet
been
released
by
the
permitting
authority,
Then
the
owner
or
operator
must
supplement
the
title
V
application
by
including
the
applicable
requirements
of
40
CFR
part
62,
subpart
III
in
accordance
with
40
CFR
70.5(
b)
or
71.5(
b).

6
A
title
V
application
from
a
major
source
must
address
all
emissions
units
at
the
title
V
source,
not
just
the
section
129
emissions
unit.
See
40
CFR
70.3(
c)(
1)
and
71.3(
c)(
1).
(
For
information
on
aggregating
emissions
units
to
determine
what
is
a
source
under
title
V,
see
the
definition
of
major
source
in
40
CFR
70.2,
71.2,
and
63.2.)
7
Consistent
with
40
CFR
70.3(
c)(
2)
and
71.3(
c)(
2),
a
permit
application
from
a
nonmajor
title
V
source
is
only
required
to
address
the
emissions
units
which
caused
the
source
to
be
subject
to
title
V.
The
requirements
which
trigger
the
need
for
the
owner
or
operator
of
a
nonmajor
source
to
apply
for
a
title
V
permit
are
found
in
40
CFR
70.3(
a)
and
(
b)
and
71.3(
a)
and
(
b).
Permits
issued
to
these
nonmajor
sources
must
include
all
of
the
applicable
requirements
that
apply
to
the
triggering
units,
e.
g.,
State
Implementation
Plan
requirements,
not
just
the
requirements
which
caused
the
source
to
be
subject
to
title
V.
See
footnote
#
2
in
Change
to
Definition
of
Major
Source
rule,
November
27,
2001
(
66
FR
59161,
59163).
8
If
a
CISWI
unit
becomes
subject
to
an
approved
and
effective
State
or
Tribal
section
111(
d)/
129
plan
after
being
subject
to
an
effective
Federal
plan,
the
CISWI
unit
is
still
required
to
file
a
complete
title
V
application
consistent
with
the
application
deadlines
for
units
subject
to
the
CISWI
Federal
plan.

Title
V
and
Delegation
of
a
Federal
Plan
During
the
development
of
the
Federal
plan
for
Hospital/
Medical/
Infectious
Waste
Incinerators
(
HMIWI),
a
State
agency
raised
the
question
of
whether
a
title
V
operating
permits
program
could
be
used
as
a
mechanism
for
transferring
the
authority
to
implement
and
enforce
section
111/
129
requirements
from
EPA
to
State
and
local
agencies.
See
``
Transfer
of
Authority''
section
of
final
Federal
plan
for
HMIWI,
August
15,
2000
(
65
FR
49868,
49873).
The
State
agency
noted
that
the
proposal
for
that
rulemaking
described
two
mechanisms
for
transferring
authority
to
State
and
local
agencies
following
promulgation
of
the
Federal
plan.
Those
two
mechanisms
were:
(
1)
The
approval
of
a
State
or
Tribal
plan
after
the
Federal
plan
is
in
effect;
and
(
2)
if
a
State
or
Tribe
does
not
submit
or
obtain
approval
of
its
own
plan,
EPA
delegation
to
a
State
or
Tribe
of
the
authority
to
implement
and
enforce
the
HMIWI
Federal
plan.
The
State
asked
EPA
to
recognize
the
Title
V
operating
permits
program
as
a
third
mechanism
for
transferring
authority
to
State
and
local
agencies.
The
commenter
said
that
State
and
local
agencies
implement
Title
V
programs
and
that
Title
V
permits
must
include
the
requirements
of
the
Federal
plan.
The
commenter
concluded
that
Title
V
permitting
authorities
already
have
implementation
responsibility
for
the
Federal
plan
through
their
Title
V
permits
programs,
regardless
of
whether
the
authority
to
implement
the
Federal
plan
is
delegated
to
the
State
or
local
agency.
In
its
response
to
the
State,
the
EPA
explained
why
the
issuance
of
a
Title
V
permit
is
not
equivalent
to
the
approval
of
a
State
plan
or
delegation
of
a
Federal
plan
by
focusing
on
situations
in
which
a
Title
V
permitting
authority
without
delegation
of
a
Federal
plan
could
not
implement
and
enforce
section
111/
129
requirements.
This
situation
would
arise
any
time
a
Title
V
permit
was
not
in
effect
for
a
source
subject
to
the
section
111/
129
Federal
plan
or
where
the
permit
did
not
contain
the
applicable
section
111/
129
requirements.
For
example,
a
title
V
source
may
be
allowed
to
operate
without
a
title
V
permit
for
a
number
of
years
in
some
cases
between
the
time
the
source
first
triggers
the
requirement
to
apply
for
a
permit
and
the
issuance
of
the
permit.
The
preamble
to
the
final
HMIWI
Federal
plan
also
noted
that
a
source
with
a
Title
V
permit
with
a
permit
term
less
than
3
years
is
not
required
by
part
70
to
have
its
permit
reopened
by
a
State
or
Tribe
to
include
new
applicable
requirements
such
as
the
HMIWI
standard.
9
See
40
CFR
70.7(
f)(
1)(
i).
In
addition
to
the
explanation
provided
in
the
preamble
to
the
final
HMIWI
Federal
plan,
there
are
additional
State
implementation
and
enforcement
gaps
which
would
not
be
addressed
by
implementing
and
enforcing
the
section
111/
129
standard
through
a
Title
V
permit.
The
following
is
an
example
of
such
a
gap:
Title
V
permits
are
not
permanent.
With
two
exceptions,
all
permits
must
be
renewed
at
least
every
5
years
10.
Although
40
CFR
70.4(
b)(
10)
requires
States
to
provide
that
a
permit
or
the
terms
and
conditions
of
a
permit
may
not
expire
until
the
permit
is
renewed,
this
requirement
only
applies
if
a
timely
and
complete
application
for
a
renewal
permit
has
been
submitted
by
the
source,
creating
a
potential
gap.
In
contrast
to
the
example,
the
two
mechanisms
that
EPA
has
identified
for
transferring
authority
ensure
that
a
State
or
Tribe
can
implement
and
enforce
the
section
111/
129
standards
at
all
times.
Legally,
delegation
of
a
standard
or
requirement
results
in
a
delegated
State
or
Tribe
standing
in
for
EPA
as
a
matter
of
Federal
law.
This
means
that
obligations
a
source
may
have
to
the
EPA
under
a
federally
promulgated
standard
become
obligations
to
a
State
(
except
for
functions
that
the
EPA
retains
for
itself)
upon
delegation.
11
Although
a
State
or
Tribe
may
have
the
authority
to
incorporate
section
111/
129
requirements
into
its
title
V
permits,
and
implement
and
enforce
these
requirements
in
these
permits
without
first
taking
delegation
of
the
section
111/
129
Federal
plan,
the
State
or
Tribe
is
not
standing
in
for
EPA
as
a
matter
of
Federal
law
in
this
situation.
Where
a
State
or
Tribe
does
not
take
delegation
of
a
section
111/
129
Federal
plan,
obligations
that
a
source
has
to
EPA
under
the
Federal
plan
continue
after
a
title
V
permit
is
issued
to
the
source.
As
a
result,
the
EPA
continues
to
maintain
that
an
approved
part
70
operating
permits
program
cannot
be
used
as
a
mechanism
to
transfer
the
authority
to
implement
and
enforce
the
Federal
plan
from
the
EPA
to
a
State
or
Tribe.
As
mentioned
above,
a
State
or
Tribe
may
have
the
authority
under
State
or
Tribal
law
to
incorporate
section
111/
129
requirements
into
its
title
V
permits,
and
implement
and
enforce
these
requirements
in
that
context
without
first
taking
delegation
of
the
section
111/
129
Federal
plan.
12
Some
States
or
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Federal
Register
/
Vol.
67,
No.
227
/
Monday,
November
25,
2002
/
Proposed
Rules
each
applicable
standard,
regulation,
or
requirement
which
must
be
included
in
the
title
V
permits
the
permitting
authorities
issue.
See
definition
of
``
applicable
requirement''
in
40
CFR
70.2.
See
also
40
CFR
70.4(
b)(
3)(
i)
and
70.6(
a)(
1).
13
It
is
important
to
note
that
an
AG's
opinion
submitted
at
the
time
of
initial
title
V
program
approval
is
sufficient
if
it
demonstrates
that
a
State
or
Tribe
has
adequate
authority
to
incorporate
section
111/
129
requirements
into
its
title
V
permits,
and
to
implement
and
enforce
these
requirements
through
its
title
V
permits
without
delegation.
Tribes,
however,
may
not
be
able
to
implement
and
enforce
a
section
111/
129
standard
in
a
title
V
permit
until
the
section
111/
129
standard
has
been
delegated.
In
these
situations,
a
State
or
Tribe
should
not
issue
a
part
70
permit
to
a
source
subject
to
a
Federal
plan
before
taking
delegation
of
the
section
111/
129
Federal
plan.
If
a
State
or
Tribe
can
provide
an
Attorney
General's
(
AG's)
opinion
delineating
its
authority
to
incorporate
section
111/
129
requirements
into
its
Title
V
permits,
and
then
implement
and
enforce
these
requirements
through
its
Title
V
permits
without
first
taking
delegation
of
the
requirements,
then
a
State
or
Tribe
does
not
need
to
take
delegation
of
the
section
111/
129
requirements
for
purposes
of
title
V
permitting.
13
In
practical
terms,
without
approval
of
a
State
or
Tribal
plan,
delegation
of
a
Federal
plan,
or
an
adequate
AG's
opinion,
States
and
Tribes
with
approved
part
70
permitting
programs
open
themselves
up
to
potential
questions
regarding
their
authority
to
issue
permits
containing
section
111/
129
requirements,
and
to
assure
compliance
with
these
requirements.
Such
questions
could
lead
to
the
issuance
of
a
notice
of
deficiency
for
a
State's
or
Tribe's
part
70
program.
As
a
result,
prior
to
a
State
or
Tribal
permitting
authority
drafting
a
part
70
permit
for
a
source
subject
to
a
section
111/
129
Federal
plan,
the
State
or
Tribe,
EPA
Regional
Office,
and
source
in
question
are
advised
to
ensure
that
delegation
of
the
relevant
Federal
plan
has
taken
place
or
that
the
permitting
authority
has
provided
to
the
EPA
Regional
Office
an
adequate
AG's
opinion.
In
addition,
if
a
permitting
authority
chooses
to
rely
on
an
AG's
opinion
and
not
take
delegation
of
a
Federal
plan,
a
section
111/
129
source
subject
to
the
Federal
plan
in
that
State
must
simultaneously
submit
to
both
EPA
and
the
State
or
Tribe
all
reports
required
by
the
standard
to
be
submitted
to
the
EPA.
Given
that
these
reports
are
necessary
to
implement
and
enforce
the
section
111/
129
requirements
when
they
have
been
included
in
title
V
permits,
the
permitting
authority
needs
to
receive
these
reports
at
the
same
time
as
the
EPA.
In
the
situation
where
a
permitting
authority
chooses
to
rely
on
an
AG's
opinion
and
not
take
delegation
of
a
Federal
plan,
EPA
Regional
Offices
will
be
responsible
for
implementing
and
enforcing
section
111/
129
requirements
outside
of
any
title
V
permits.
Moreover,
in
this
situation,
EPA
Regional
Offices
will
continue
to
be
responsible
for
developing
progress
reports,
entering
emissions
data
into
the
Aerometric
Information
Retrieval
System
(
AIRS)/
AIRS
Facility
Subsystem
(
AFS),
and
conducting
any
other
administrative
functions
required
under
this
Federal
plan
or
any
other
section
111/
129
Federal
plan.
See
Section
III.
J.
of
this
preamble
titled
``
Progress
Reports';
section
II.
J.
of
the
proposed
Federal
plan
for
HMIWI,
July
6,
1999
(
64
FR
36426,
36431);
40
CFR
60.25(
e),
and
Appendix
D
of
40
CFR
part
60.
It
is
important
to
note
that
the
EPA
is
not
using
its
authority
under
40
CFR
70.4(
i)(
3)
to
request
that
all
States
and
Tribes
which
do
not
take
delegation
of
this
Federal
plan
submit
supplemental
AG's
opinions
at
this
time.
However,
the
EPA
Regional
Offices
shall
request,
and
permitting
authorities
shall
provide,
such
opinions
when
the
EPA
questions
a
State's
or
Tribe's
authority
to
incorporate
section
111/
129
requirements
into
a
title
V
permit,
and
implement
and
enforce
these
requirements
in
that
context
without
delegation.
Lastly,
the
EPA
would
like
to
correct
and
clarify
the
following
sentences
from
the
``
Transfer
of
Authority''
section
of
the
preamble
to
the
final
HMIWI
Federal
plan
(
65
FR
49868,
49873):
``
Prior
to
delegation,
only
the
EPA
will
have
enforcement
authority.
In
neither
instance
does
the
title
V
permit
status
of
a
source
affect
the
enforcement
responsibility
of
EPA
and
the
State
or
Tribal
permitting
authorities.''
In
situations
where
a
State
or
Tribe
is
subject
to
a
section
111/
129
Federal
plan
and
does
not
take
delegation
of
the
Federal
plan,
the
following
applies:
Prior
to
delegation,
only
EPA
can
implement
and
enforce
section
111/
129
requirements
outside
of
a
title
V
permit.
Whenever
there
is
a
title
V
permit
in
effect
which
includes
section
111/
129
requirements,
however,
EPA
and
the
State
or
Tribe
have
dual
authority
to
implement
and
enforce
the
section
111/
129
requirements
in
the
title
V
permit.
When
a
State
or
Tribe
has
not
taken
delegation
of
a
section
111/
129
Federal
plan,
the
previous
sentence
is
relevant
only
in
situations
where
a
State
or
Tribe
has
the
authority
to
incorporate
section
111/
129
requirements
into
title
V
permits,
and
to
implement
and
enforce
these
requirements
in
title
V
permits
without
delegation.

VIII.
Administrative
Requirements
This
section
addresses
the
following
administrative
requirements:
Docket,
Public
Hearing,
Executive
Orders
12866,
13132,
13175,
13045,
and
13211,
Unfunded
Mandates
Reform
Act,
Regulatory
Flexibility
Act,
Regulatory
Flexibility
Act/
Small
Business
Regulatory
Enforcement
Fairness
Act,
Paperwork
Reduction
Act,
and
the
National
Technology
Transfer
and
Advancement
Act.
Since
today's
rule
simply
proposes
to
implement
the
CISWI
emission
guidelines
(
40
CFR
part
60,
subpart
DDDD)
as
promulgated
on
December
1,
2000,
and
does
not
impose
any
new
requirements,
much
of
the
following
discussion
of
administrative
requirements
refers
to
the
documentation
of
applicable
administrative
requirements
as
discussed
in
the
preamble
to
the
rule
promulgating
the
emission
guidelines
(
65
FR
75338,
December
1,
2000).

A.
Docket
The
docket
is
intended
to
be
an
organized
and
complete
file
of
the
administrative
records
compiled
by
EPA.
The
docket
is
a
dynamic
file
because
material
is
added
throughout
the
rulemaking
process.
The
docketing
system
is
intended
to
allow
members
of
the
public
and
industries
involved
to
readily
identify
and
locate
documents
so
they
can
effectively
participate
in
the
rulemaking
process.
Along
with
proposed
and
promulgated
standards
and
their
preambles,
the
contents
of
the
docket
(
with
limited
exceptions)
will
serve
as
the
record
in
the
case
of
judicial
review.
See
section
307(
d)(
7)(
A)
of
the
CAA.
As
discussed
above,
a
docket
has
been
prepared
for
this
action
pursuant
to
the
procedural
requirements
of
section
307(
d)
of
the
CAA,
42
U.
S.
C.
7607(
d).
Supporting
information
is
included
in
Docket
A
 
2000
 
52.
Docket
number
A
 
94
 
63
contains
the
technical
support
for
the
final
emission
guidelines,
40
CFR
part
60,
subpart
DDDD.
Docket
A
 
2000
 
52
incorporates
all
of
the
information
in
Docket
A
 
94
 
63.

B.
Public
Hearing
A
public
hearing
will
be
held,
if
requested,
to
discuss
the
proposed
standards
in
accordance
with
section
307(
d)(
5)
of
the
CAA.
Persons
wishing
to
make
oral
presentations
on
the
proposed
standards
should
contact
EPA
(
see
ADDRESSES).
If
a
public
hearing
is
requested
and
held,
EPA
will
ask
clarifying
questions
during
the
oral
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Rules
presentation
but
will
not
respond
to
the
presentations
or
comments.
To
provide
an
opportunity
for
all
who
may
wish
to
speak,
oral
presentations
will
be
limited
to
15
minutes
each.
Any
member
of
the
public
may
file
a
written
statement
on
or
before
January
24,
2003.
Written
statements
should
be
addressed
to
the
Air
and
Radiation
Docket
and
Information
Center
(
see
ADDRESSES),
and
refer
to
Docket
No.
A
 
2000
 
52.
Written
statements
and
supporting
information
will
be
considered
with
equivalent
weight
as
any
oral
statement
and
supporting
information
subsequently
presented
at
a
public
hearing,
if
held.
A
verbatim
transcript
of
the
hearing
and
written
statements
will
be
placed
in
the
docket
and
be
available
for
public
inspection
and
copying,
or
mailed
upon
request,
at
the
Air
and
Radiation
Docket
and
Information
Center
(
see
ADDRESSES).

C.
Executive
Order
12866:
Regulatory
Planning
and
Review
Under
Executive
Order
12866,
58
FR
51735
(
October
4,
1993),
EPA
must
determine
whether
the
regulatory
action
is
``
significant''
and,
therefore,
subject
to
OMB
review
and
the
requirements
of
the
Executive
Order.
The
order
defines
``
significant
regulatory
action''
as
one
that
is
likely
to
result
in
a
rule
that
may:
(
1)
Have
an
annual
effect
on
the
economy
of
$
100
million
or
more
or
adversely
affect
in
a
material
way
the
economy,
a
sector
of
the
economy,
productivity,
competition,
jobs,
the
environment,
public
health
or
safety,
or
State,
local,
or
tribal
governments
or
communities;
(
2)
Create
a
serious
inconsistency
or
otherwise
interfere
with
an
action
taken
or
planned
by
another
agency;
(
3)
Materially
alter
the
budgetary
impacts
of
entitlements,
grants,
user
fees,
or
loan
programs
or
the
rights
and
obligations
of
recipients
thereof;
or
(
4)
Raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
the
Executive
Order.
The
EPA
considered
the
2000
emission
guidelines
to
be
significant
and
the
rules
were
reviewed
by
OMB
in
2000.
See
65
FR
75338,
December
1,
2000.
The
Federal
plan
promulgated
today
would
simply
implement
the
2000
emission
guidelines
and
does
not
result
in
any
additional
control
requirements
or
impose
any
additional
costs
above
those
previously
considered
during
promulgation
of
the
2000
emission
guidelines.
Therefore,
this
regulatory
action
is
considered
``
not
significant''
under
Executive
Order
12866.
D.
Executive
Order
13132:
Federalism
Executive
Order
13132,
entitled
``
Federalism''
(
64
FR
43255,
August
10,
1999),
requires
us
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications.''
``
Policies
that
have
federalism
implications''
are
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government.''
This
proposed
rule
does
not
have
Federalism
implications.
It
will
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132.
This
rule
establishes
emission
limits
and
other
requirements
for
solid
waste
incineration
units
that
are
not
covered
by
an
EPA­
approved
and
effective
State
or
Tribal
plan.
The
EPA
is
required
by
section
129
of
the
CAA,
42
U.
S.
C.
7429,
to
establish
the
standards
for
such
units.
This
regulation
primarily
affects
private
industry
and
does
not
impose
significant
economic
costs
on
State
or
local
governments.
The
standards
established
by
this
rule
apply
to
facilities
that
operate
commercial
or
industrial
solid
waste
incineration
units
located
in
States
that
do
not
have
EPAapproved
plans
covering
such
units
by
the
effective
date
of
the
promulgated
Federal
plan
(
and
the
owners
or
operators
of
such
facilities).
The
regulation
does
not
include
an
express
provision
preempting
State
or
local
regulations.
However,
once
this
Federal
plan
is
in
effect,
covered
facilities
would
be
subject
to
the
standards
established
by
this
rule,
regardless
of
any
less
protective
State
or
local
regulations
that
contain
emission
limitations
for
the
pollutants
addressed
by
this
rule.
To
the
extent
that
this
might
preempt
State
or
local
regulations,
it
does
not
significantly
affect
the
relationship
between
the
national
government
and
the
States,
or
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government.
Thus,
the
requirements
of
section
6
of
the
Executive
Order
do
not
apply
to
this
rule;
and
EPA
has
complied
with
the
requirements
of
section
4(
e),
to
the
extent
that
they
may
be
applicable
to
the
regulations,
by
providing
notice
to
potentially
affected
State
and
local
officials
through
publication
of
this
rule.
Although
section
6
of
Executive
Order
13132
does
not
apply
to
this
rule,
EPA
consulted
with
representatives
of
State
and
local
governments
to
enable
them
to
provide
meaningful
and
timely
input
into
the
development
of
the
CISWI
emission
guidelines.
This
consultation
took
place
during
the
Industrial
Combustion
Coordinated
Rulemaking
Federal
Advisory
Committee
Act
committee
meetings,
where
members
representing
State
and
local
governments
participated
in
developing
recommendations
for
our
combustionrelated
rulemakings,
including
the
CISWI
emission
guidelines.
Additionally,
EPA
sponsored
the
Small
Communities
Outreach
Project,
which
involved
meetings
with
elected
officials
and
other
government
representative
to
provide
them
with
information
about
the
CISWI
emission
guidelines
and
to
solicit
their
comments.
The
concerns
raised
by
representative
of
State
and
local
governments
were
considered
during
the
development
of
the
CISWI
emission
guidelines.
In
the
spirit
of
Executive
Order
13132,
and
consistent
with
EPA
policy
to
promote
communications
between
EPA
and
State
and
local
governments,
EPA
specifically
solicits
comment
on
this
proposed
rule
from
State
and
local
officials.

E.
Executive
Order
13175:
Consultation
and
Coordination
With
Indian
Tribal
Governments
Executive
Order
13175,
entitled
``
Consultation
and
Coordination
with
Indian
Tribal
Governments''
(
65
FR
67249,
November
6,
2000),
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications.''
``
Policies
that
have
tribal
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
government
and
the
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes.''
This
proposed
rule
does
not
have
tribal
implications.
It
will
not
have
substantial
direct
effects
on
tribal
governments,
on
the
relationship
between
the
Federal
government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes,
as
specified
in
Executive
Order
13175.
The
EPA
knows
of
no
CISWI
units
presently
owned
by
Indian
tribal
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governments.
However,
if
any
exist
now
or
in
the
future,
the
rule
would
not
have
tribal
implications
on
these
tribal
governments
as
defined
by
the
Executive
Order.
This
Federal
plan
simply
implements
the
2000
emission
guidelines.
It
does
not
result
in
any
additional
control
requirements
nor
imposes
any
additional
costs
above
those
previously
considered
during
promulgation
of
the
2000
emission
guidelines.
Thus,
the
requirements
of
Executive
Order
13175
do
not
apply.

F.
Executive
Order
13045:
Protection
of
Children
From
Environmental
Health
Risks
and
Safety
Risks
Executive
Order
13045
(
62
FR
19885,
April
23,
1997)
applies
to
any
rule
that:
(
1)
Is
determined
to
be
``
economically
significant''
as
defined
under
Executive
Order
12866,
(
2)
concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
disproportionately
affect
children.
If
the
regulatory
action
meets
these
criteria,
EPA
must
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children
and
explain
why
the
planned
regulation
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
EPA
considered.
The
EPA
interprets
Executive
Order
13045
as
applying
only
to
those
regulatory
actions
that
are
based
on
health
or
safety
risks,
such
that
the
analysis
required
under
section
5
 
501
of
the
Order
has
the
potential
to
influence
the
regulation.
This
proposed
rule
is
not
subject
to
Executive
Order
13045
because
it
is
based
on
technology
performance
and
not
on
health
or
safety
risks.
Additionally,
this
proposed
rule
is
not
economically
significant
as
defined
by
Executive
Order
12866.

G.
Executive
Order
13211:
Energy
Effects
This
rule
is
not
subject
to
Executive
Order
13211,
``
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use''
(
66
F.
R.
28355
(
May
22,
2001))
because
it
is
not
a
significant
regulatory
action
under
Executive
Order
12866.

H.
Unfunded
Mandates
Reform
Act
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA),
Public
Law
104
 
4,
establishes
requirements
for
Federal
agencies
to
assess
the
effects
of
their
regulatory
actions
on
State,
local,
and
tribal
governments
and
the
private
sector.
Under
section
202
of
the
UMRA,
EPA
generally
must
prepare
a
written
statement,
including
a
cost­
benefit
analysis,
for
proposed
and
final
rules
with
``
Federal
mandates''
that
may
result
in
expenditures
to
State,
local,
and
tribal
governments,
in
the
aggregate,
or
to
the
private
sector,
of
$
100
million
or
more
in
any
1
year.
Before
promulgating
a
rule
for
which
a
written
statement
is
needed,
section
205
of
the
UMRA
generally
requires
us
to
identify
and
consider
a
reasonable
number
of
regulatory
alternatives
and
adopt
the
least
costly,
most
costeffective
or
least
burdensome
alternative
that
achieves
the
objectives
of
the
rule.
The
provisions
of
section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Moreover,
section
205
allows
us
to
adopt
an
alternative
other
than
the
least
costly,
most
cost­
effective
or
least
burdensome
alternative
if
the
Administrator
publishes
with
the
final
rule
an
explanation
of
why
that
alternative
was
not
adopted.
Before
EPA
establishes
any
regulatory
requirements
that
may
significantly
or
uniquely
affect
small
governments,
including
tribal
governments,
EPA
must
develop
under
section
203
of
the
UMRA
a
small
government
agency
plan.
The
plan
must
provide
for
notifying
potentially
affected
small
governments,
thereby
enabling
officials
of
affected
small
governments
to
have
meaningful
and
timely
input
in
the
development
of
the
regulatory
proposal
with
significant
Federal
intergovernmental
mandates,
and
informing,
educating,
and
advising
small
governments
on
compliance
with
the
regulatory
requirements.
The
EPA
has
determined
that
this
rule
does
not
contain
a
Federal
mandate
that
may
result
in
expenditures
of
$
100
million
or
more
for
State,
local,
and
tribal
governments,
in
the
aggregate,
or
the
private
sector
in
any
1
year.
The
environmental
impact
analysis
for
the
emission
guidelines
estimates
the
total
national
annualized
cost
impact
of
this
regulatory
action
at
$
11.6
million
per
year
(
Docket
A
 
94
 
63).
This
proposed
Federal
plan
will
apply
to
only
a
subset
of
the
units
considered
in
the
environmental
impacts
analysis
for
the
emission
guidelines.
Thus,
this
rule
is
not
subject
to
the
requirements
of
sections
202
and
205
of
the
UMRA.
Additionally,
EPA
has
determined
that
this
rule
contains
no
regulatory
requirements
that
might
significantly
or
uniquely
affect
small
governments,
because
commercial
and
industrial
units
are
not
likely
to
be
owned
by
small
governments.

I.
Regulatory
Flexibility
Act/
Small
Business
Regulatory
Enforcement
Fairness
Act
(
SBREFA)
The
Regulatory
Flexibility
Act
(
RFA)
of
1980,
as
amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
(
SBREFA),
5
U.
S.
C.
601
et
seq.,
generally
requires
Federal
agencies
to
conduct
a
regulatory
flexibility
analysis
of
any
rule
subject
to
notice
and
comment
rulemaking
requirements,
unless
the
agency
certifies
that
the
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Small
entities
include
businesses,
small
not­
for­
profit
enterprises,
and
small
governmental
jurisdictions.
For
purposes
of
assessing
the
impacts
of
today's
rule
on
small
entities,
small
entity
is
defined
as:
(
1)
A
small
business
that
has
less
than
500
employees;
(
2)
a
small
governmental
jurisdiction
that
is
a
government
of
a
city,
county,
town,
school
district
or
special
district
with
a
population
of
less
than
50,000;
and
(
3)
a
small
organization
that
is
any
not­
for­
profit
enterprise
that
is
independently
owned
and
operated
and
is
not
dominant
in
its
field.
The
SBA
guidelines
define
a
small
business
based
on
number
of
employees
or
annual
revenues
and
the
size
standards
vary
from
industry
to
industry.
Generally,
businesses
covered
by
the
North
American
Industrial
Classification
System
(
NAICS)
codes
affected
by
this
rule
are
considered
small
if
they
have
less
than
500
employees
or
less
than
$
5
million
in
annual
sales.
After
considering
the
economic
impacts
of
today's
proposed
rule
on
small
entities,
I
certify
that
this
action
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
During
the
2000
CISWI
emission
guidelines
rulemaking,
EPA
determined
that
based
on
the
low
number
of
affected
small
entities
in
each
individual
market,
the
alternative
method
of
waste
disposal
available,
and
the
relatively
low
control
cost,
the
CISWI
emission
guidelines
should
not
generate
a
significant
small
business
impact
on
a
substantial
number
of
small
entities
in
the
commercial
and
industrial
sectors.
The
EPA
determined
that
it
was
not
necessary
to
prepare
a
regulatory
flexibility
analysis
in
connection
with
the
final
emission
guidelines.
The
EPA
has
also
determined
that
the
final
emission
guidelines
would
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities
(
65
FR
75348).
This
Federal
plan
would
not
establish
any
new
requirements.
Therefore,
pursuant
to
the
provisions
of
5
U.
S.
C.
605(
b),
EPA
has
determined
that
this
proposed
Federal
plan
will
not
have
a
significant
impact
on
a
substantial
number
of
small
entities,
and
thus
a
regulatory
flexibility
analysis
is
not
required.

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/
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67,
No.
227
/
Monday,
November
25,
2002
/
Proposed
Rules
J.
Paperwork
Reduction
Act
The
information
collection
requirements
have
been
submitted
for
approval
to
OMB
under
the
Paperwork
Reduction
Act,
44
U.
S.
C.
3501
et
seq.
An
information
collection
request
(
ICR)
document
has
been
prepared
for
the
emission
guidelines
(
ICR
No.
1927.02
for
subpart
DDDD)
and
copies
may
be
obtained
from
Susan
Auby
by
mail
at
U.
S.
Environmental
Protection
Agency,
Office
of
Environmental
Information;
Collection
Strategies
Division
(
2822T);
1200
Pennsylvania
Avenue,
NW.;
Washington,
DC
20460,
by
e­
mail
at
auby.
susan@
epa.
gov,
or
by
calling
(
202)
566
 
1672.
Copies
may
also
be
downloaded
from
the
internet
at
http:/
/
www.
epa.
gov/
icr.
This
ICR
reflects
the
burden
estimate
for
the
emission
guidelines
which
were
promulgated
in
the
Federal
Register
on
December
1,
2000.
The
burden
estimate
includes
the
burden
associated
with
State
or
Tribal
plans
as
well
as
the
burden
associated
with
the
proposed
Federal
plan.
Consequently,
the
burden
estimates
described
below
overstate
the
information
collection
burden
associated
with
the
Federal
plan.
However,
upon
approval
by
EPA,
a
State
or
Tribal
plan
becomes
Federally
enforceable.
Therefore,
it
is
important
to
estimate
the
full
burden
associated
with
the
State
or
Tribal
plans
and
the
Federal
plan.
As
State
or
Tribal
plans
are
approved,
the
Federal
plan
burden
will
decrease,
but
the
overall
burden
of
the
State
or
Tribal
plans
and
the
Federal
plan
will
remain
the
same.
The
Federal
plan
contains
monitoring,
reporting,
and
recordkeeping
requirements.
The
information
will
be
used
to
ensure
that
the
Federal
plan
requirements
are
met
on
a
continuous
basis.
Records
and
reports
will
be
necessary
to
enable
us
to
identify
waste
incineration
units
that
may
not
be
in
compliance
with
the
Federal
plan
requirements.
Based
on
reported
information,
EPA
would
decide
which
units
and
what
records
or
processes
should
be
inspected.
The
records
that
owners
and
operators
of
existing
CISWI
units
maintain
will
indicate
to
EPA
whether
personnel
are
operating
and
maintaining
control
equipment
property.
These
recordkeeping
and
reporting
requirements
are
specifically
authorized
by
section
114
of
the
CAA
(
42
U.
S.
C.
7414).
All
information
submitted
to
us
for
which
a
claim
of
confidentiality
is
made
will
be
safeguarded
according
to
our
policies
in
40
CFR
part
2,
subpart
B,
Confidentiality
of
Business
Information.
The
estimated
average
annual
burden
for
the
first
3
years
after
promulgation
of
the
emission
guidelines
for
industry
and
the
implementing
agency
is
outlined
below.

Affected
entity
Total
hours
Labor
costs
Capital
costs
O&
M
costs
Total
costs
Industry
...............................
9,145
$
407,067
0
0
$
407,067
Implementing
agency
.........
1,817
$
48,386
0
0
$
48,386
The
EPA
expects
the
Federal
plan
to
affect
a
maximum
of
116
units
over
the
first
3
years.
(
Note:
This
assumes
that
no
State
plans
are
in
effect.)
The
EPA
assumes
that
6
existing
units
will
be
replaced
by
6
new
units
each
year.
There
are
no
capital,
start­
up,
or
operation
and
maintenance
costs
for
existing
units
during
the
first
3
years.
The
implementing
agency
would
not
incur
any
capital
or
start­
up
costs.
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
disclose,
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
number
for
this
proposed
rule
and
for
the
emissions
guidelines
which
it
implements
is
2060
 
0451.
The
OMB
control
numbers
for
our
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
chapter
15.

K.
National
Technology
Transfer
and
Advancement
Act
Section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
(
NTTAA)
of
1995
(
Pub.
L.
104
 
113;
15
U.
S.
C.
272)
directs
EPA
to
use
voluntary
consensus
standards
in
regulatory
and
procurement
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
Voluntary
consensus
standards
are
technical
standards
(
e.
g.,
materials
specifications,
test
methods,
sampling
procedures,
business
practices)
developed
or
adopted
by
one
or
more
voluntary
consensus
bodies.
The
NTTAA
directs
EPA
to
provide
Congress,
through
annual
reports
to
the
Office
of
Management
and
Budget
(
OMB),
with
explanations
when
an
agency
does
not
use
available
and
applicable
voluntary
consensus
standards.
This
proposed
Federal
plan
involves
technical
standards.
The
EPA
proposes
in
this
plan
to
use
EPA
Methods
1,
3A,
3B,
5,
6,
6C,
7,
7A,
7C,
7D,
7E,
9,
10,
10A,
10B,
23,
26A,
and
29.
Consistent
with
the
NTTAA,
EPA
conducted
searches
to
identify
voluntary
consensus
standards
in
addition
to
these
EPA
methods.
No
applicable
voluntary
consensus
standards
were
identified
for
EPA
Methods
7A,
7D,
9,
and
10B.
The
search
and
review
results
have
been
documented
and
are
placed
in
the
Docket
No.
A
 
2000
 
52
for
this
proposed
plan.
This
search
for
emission
measurement
procedures
identified
24
voluntary
consensus
standards.
The
EPA
determined
that
20
of
these
24
standards
were
impractical
alternatives
to
EPA
test
methods
for
the
purposes
of
this
proposed
Federal
plan.
Therefore,
EPA
does
not
propose
to
adopt
these
standards
today.
The
reasons
for
this
determination
for
the
20
methods
are
discussed
below.
The
standard,
ASTM
D3162
(
1994)
``
Standard
Test
Method
for
Carbon
Monoxide
in
the
Atmosphere
(
Continuous
Measurement
by
Nondispersive
Infrared
Spectrometry),''
is
impractical
as
an
alternative
to
EPA
Method
10
in
this
proposed
Federal
plan
because
this
ASTM
standard,
which
is
stated
to
be
applicable
in
the
range
of
0.5
 
100
ppm
CO,
does
not
cover
the
potential
range
in
the
plan
(
up
to
157
ppm).
Whereas
EPA
Method
10
has
a
range
from
20
 
1000
ppm
CO.
Also,
ASTM
D3162
does
not
provide
a
procedure
to
remove
carbon
dioxide
interference.
Therefore,
this
ASTM
standard
is
not
appropriate
for
combustion
source
conditions.
In
terms
of
NDIR
instrument
performance
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Vol.
67,
No.
227
/
Monday,
November
25,
2002
/
Proposed
Rules
specifications,
ASTM
D3162
has
much
higher
maximum
allowable
rise
and
fall
times
(
5
minutes)
than
EPA
Method
10
(
which
has
30
seconds).
However,
it
should
be
noted
that
ASTM
D3162
has
more
quality
control
requirements
than
EPA
Method
10
in
terms
of
instrument
calibration
procedures,
span
gas
cylinder
validation
procedures,
and
operational
checks.
The
standard
ASTM
E1979
 
98
(
1998),
``
Standard
Practice
for
Ultrasonic
Extraction
of
Paint,
Dust,
Soil,
and
Air
Samples
for
Subsequent
Determination
of
Lead,''
is
impractical
as
an
alternative
to
EPA
Method
29
in
this
proposed
Federal
plan.
This
ASTM
standard
does
not
require
the
use
of
hydrogen
fluoride
(
HF)
as
in
EPA
Method
29
and,
therefore,
it
cannot
be
used
for
the
preparation,
digestion,
and
analysis
of
Method
29
samples.
Additionally,
Method
29
requires
the
use
of
a
glass
fiber
filter,
whereas
this
ASTM
standard
requires
cellulose
filters
and
other
probable
nonglass
fiber
media
which
cannot
be
considered
equivalent
to
EPA
Method
29.
The
European
standard
EN
1911
 
1,2,3
(
1998),
``
Stationary
Source
Emissions
 
Manual
Method
of
Determination
of
HCl
 
Part
1:
Sampling
of
Gases
Ratified
European
Text
 
Part
2:
Gaseous
Compounds
Absorption
Ratified
European
Text
 
Part
3:
Adsorption
Solutions
Analysis
and
Calculation
Ratified
European
Text,''
is
impractical
as
an
alternative
to
EPA
Method
26A.
Part
3
of
this
standard
cannot
be
considered
equivalent
to
EPA
Method
26A
because
the
sample
absorbing
solution
(
water)
would
be
expected
to
capture
both
HCl
and
chlorine
gas,
if
present,
without
the
ability
to
distinguish
between
the
two.
The
EPA
Method
26A
uses
an
acidified
absorbing
solution
to
first
separate
HCl
and
chlorine
gas
so
that
they
can
be
selectively
absorbed,
analyzed,
and
reported
separately.
In
addition,
in
EN
1911
the
absorption
efficiency
for
chlorine
gas
would
be
expected
to
vary
as
the
pH
of
the
water
changed
during
sampling.
The
following
ten
methods
are
impractical
alternatives
to
EPA
test
methods
for
the
purposes
of
this
plan
because
they
are
too
general,
too
broad,
or
not
sufficiently
detailed
to
assure
compliance
with
EPA
regulatory
requirements:
ASTM
D3154
 
91
(
1995),
``
Standard
Method
for
Average
Velocity
in
a
Duct
(
Pitot
Tube
Method),''
for
EPA
Methods
1
and
3B;
ASTM
D5835
 
95,
``
Standard
Practice
for
Sampling
Stationary
Source
Emissions,
for
Automated
Determination
of
Gas
Concentration,''
for
EPA
Method
3A;
ISO
10396:
1993,
``
Stationary
Source
Emissions:
Sampling
for
the
Automated
Determination
of
Gas
Concentrations,''
for
EPA
Method
3A;
CAN/
CSA
Z223.2
 
M86(
1986),
``
Method
for
the
Continuous
Measurement
of
Oxygen,
Carbon
Dioxide,
Carbon
Monoxide,
Sulphur
Dioxide,
and
Oxides
of
Nitrogen
in
Enclosed
Combustion
Flue
Gas
Streams,''
for
EPA
Method
3A;
ASME
C00031
or
PTC
19
 
10
 
1981
 
Part
10,
``
Flue
and
Exhaust
Gas
Analyses,''
for
EPA
Methods
6
and
7;
ASTM
D1608
 
98,
``
Test
Method
for
Oxides
of
Nitrogen
in
Gaseous
Combustion
Products
(
Pheno­
Disulfonic
Acid
Procedures),''
for
EPA
Method
7;
ISO
7934:
1998,
``
Stationary
Source
Emissions
 
Determination
of
the
Mass
Concentration
of
Sulfur
Dioxide
 
Hydrogen
Peroxide/
Barium
Perchlorate/
Thorin
Method,''
for
EPA
Method
6;
ISO
11564:
1998,
``
Stationary
Source
Emissions
 
Determination
of
the
Mass
Concentration
of
Nitrogen
Oxides
 
NEDA
(
naphthylethylenediamine)/
Photometric
Method,''
for
EPA
Methods
7
and
7C;
CAN/
CSA
Z223.21
 
M1978,
``
Method
for
the
Measurement
of
Carbon
Monoxide:
3
 
Method
of
Analysis
by
Non­
Dispersive
Infrared
Spectrometry,''
for
EPA
Methods
10
and
10A;
and
European
Committee
for
Standardization
(
CEN)
EN
1948
 
3
(
1997),
``
Determination
of
the
Mass
Concentration
of
PCDD'S/
PCDF'S
 
Part
3:
Identification
and
Quantification,''
for
EPA
Method
23.
The
following
seven
methods
are
impractical
alternatives
to
EPA
test
methods
for
the
purposes
of
this
Federal
plan
because
they
lacked
sufficient
quality
assurance
and
quality
control
requirements
necessary
for
EPA
compliance
assurance
requirements:
ASME
PTC
 
38
 
80
R85
or
C00049,
``
Determination
of
the
Concentration
of
Particulate
Matter
in
Gas
Streams,''
for
EPA
Method
5;
ASTM
D3685/
D3685M
 
98,
``
Test
Methods
for
Sampling
and
Determination
of
Particulate
Matter
in
Stack
Gases,''
for
EPA
Method
5;
ISO
9096:
1992,
``
Determination
of
Concentration
and
Mass
Flow
Rate
of
Particulate
Matter
in
Gas
Carrying
Ducts
 
Manual
Gravimetric
Method,''
for
EPA
Method
5;
CAN/
CSA
Z223.1
 
M1977,
``
Method
for
the
Determination
of
Particulate
Mass
Flows
in
Enclosed
Gas
Streams,''
for
EPA
Method
5;
ISO
11632:
1998,
``
Stationary
Source
Emissions
 
Determination
of
the
Mass
Concentration
of
Sulfur
Dioxide
 
Ion
Chromatography,''
for
EPA
Method
6;
CAN/
CSA
Z223.24
 
M1983,
``
Method
for
the
Measurement
of
Nitric
Oxide
and
Nitrogen
Dioxide
in
Air,''
for
EPA
Method
7;
and
CAN/
CSA
Z223.26
 
M1987,
``
Measurement
of
Total
Mercury
in
Air
Cold
Vapour
Atomic
Absorption
Spectrophotometeric
Method,''
for
EPA
Method
29.
The
following
four
of
the
24
voluntary
consensus
standards
identified
in
this
search
were
not
available
at
the
time
the
review
was
conducted
for
the
purposes
of
this
proposed
plan
because
they
are
under
development
by
a
voluntary
consensus
body:
ISO/
DIS
12039,
``
Stationary
Source
Emissions
 
Determination
of
Carbon
Monoxide,
Carbon
Dioxide,
and
Oxygen
 
Automated
Methods,''
for
EPA
Method
3A;
ASTM
Z6449Z,
``
Standard
Method
for
the
Determination
of
Sulfur
Dioxide
in
Stationary
Sources,''
for
EPA
Method
6;
ASTM
Z6590Z,
``
Manual
Method
for
Both
Speciated
and
Elemental
Mercury,''
for
EPA
Method
29
(
portion
for
mercury
only);
prEN
13211
(
1998),
``
Air
Quality
 
Stationary
Source
Emissions
 
Determination
of
the
Concentration
of
Total
Mercury,''
for
EPA
Method
29
(
portion
for
mercury
only).
While
EPA
is
not
proposing
to
include
these
four
voluntary
consensus
standards
in
today's
proposed
plan,
the
EPA
will
consider
the
standards
when
final.
The
EPA
takes
comment
on
the
compliance
demonstration
requirements
proposed
in
this
Federal
plan
and
specifically
invites
the
public
to
identify
potentially­
applicable
voluntary
consensus
standards.
Commenters
should
also
explain
why
this
plan
should
adopt
these
voluntary
consensus
standards
in
lieu
of
or
in
addition
to
EPA's
standards.
Emission
test
methods
submitted
for
evaluation
should
be
accompanied
with
a
basis
for
the
recommendation,
including
method
validation
data
and
the
procedure
used
to
validate
the
candidate
method
(
if
a
method
other
than
Method
301,
40
CFR
part
63,
Appendix
A
was
used).
Table
1
of
proposed
Subpart
III
lists
the
EPA
testing
methods
included
in
the
emission
Federal
Plan
Requirements
for
Commercial
and
Industrial
Solid
Waste
Incinerators.
Under
40
CFR
63.8(
f)
of
subpart
A
of
the
General
Provisions,
a
source
may
apply
to
EPA
for
permission
to
use
alternative
monitoring
in
place
of
any
of
the
EPA
testing
methods.

List
of
Subjects
in
40
CFR
Part
62
Environmental
protection,
Air
pollution
control,
Carbon
monoxide,
Metals,
Nitrogen
dioxide,
Particulate
matter,
Sulfur
oxides,
Waste
treatment
and
disposal.

Dated:
November
6,
2002.
Christine
Todd
Whitman,
Administrator.

40
CFR
part
62
is
proposed
to
be
amended
as
follows:

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227
/
Monday,
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25,
2002
/
Proposed
Rules
PART
62
 
[
AMENDED]

1.
The
authority
citation
for
part
62
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7401
 
7671q.

2.
Amend
§
62.13
by
adding
paragraph
(
d)
to
read
as
follows:

§
62.13
Federal
plans.

*
*
*
*
*
(
d)
The
substantive
requirements
of
the
Commercial
and
industrial
solid
waste
incineration
units
Federal
plan
are
contained
in
subpart
III
of
this
part.
These
requirements
include
emission
limits,
compliance
schedules,
testing,
monitoring,
and
reporting
and
recordkeeping
requirements.
3.
Amend
part
62
by
adding
subpart
III
to
read
as
follows:

Subpart
III
 
Federal
Plan
Requirements
for
Commercial
and
Industrial
Solid
Waste
Incineration
Units
That
Commenced
Construction
on
or
Before
November
30,
1999
Introduction
Sec.
62.14500
What
is
the
purpose
of
this
subpart?
62.14505
What
are
the
principal
components
of
this
subpart?

Applicability
62.14510
Am
I
subject
to
this
subpart?
62.14515
Can
my
CISWI
unit
be
covered
by
both
a
State
plan
and
this
subpart?
62.14520
How
do
I
determine
if
my
CISWI
unit
is
covered
by
an
approved
and
effective
State
or
Tribal
plan?
62.14521
If
my
CISWI
unit
is
not
listed
in
the
Federal
plan
inventory,
am
I
exempt
from
this
subpart?
62.14525
Can
my
combustion
unit
be
exempt
from
this
subpart?
62.14530
What
if
I
have
a
chemical
recovery
unit
that
is
not
listed
in
§
62.14525(
n)?
62.14531
When
must
I
submit
any
records
required
pursuant
to
an
exemption
allowed
under
§
62.14525?

Compliance
Schedule
and
Increments
of
Progress
62.14535
When
must
I
comply
with
this
subpart
if
I
plan
to
continue
operation
of
my
CISWI
unit?
62.14536
What
steps
are
required
to
request
an
extension
of
the
initial
compliance
date
if
I
plan
to
continue
operation
of
my
CISWI
unit?
62.14540
When
must
I
complete
each
increment
of
progress?
62.14545
What
must
I
include
in
each
notification
of
achievement
of
an
increment
of
progress?
62.14550
When
must
I
submit
a
notification
of
achievement
of
the
first
increment
of
progress?
62.14555
What
if
I
do
not
meet
an
increment
of
progress?
62.14560
How
do
I
comply
with
the
increment
of
progress
for
submittal
of
a
control
plan?
62.14565
How
do
I
comply
with
the
increment
of
progress
for
achieving
final
compliance?
§
62.14570
What
must
I
do
if
I
plan
to
permanently
close
my
CISWI
unit?
§
62.14575
What
must
I
do
if
I
close
my
CISWI
unit
and
then
restart
it?

Waste
Management
Plan
62.14580
What
is
a
waste
management
plan?
62.14585
When
must
I
submit
my
waste
management
plan?
62.14590
What
should
I
include
in
my
waste
management
plan?

Operator
Training
and
Qualification
62.14595
What
are
the
operator
training
and
qualification
requirements?
62.14600
When
must
the
operator
training
course
be
completed?
62.14605
How
do
I
obtain
my
operator
qualification?
62.14610
How
do
I
maintain
my
operator
qualification?
62.14615
How
do
I
renew
my
lapsed
operator
qualification?
62.14620
What
site­
specific
documentation
is
required?
62.14625
What
if
all
the
qualified
operators
are
temporarily
not
accessible?

Emission
Limitations
and
Operating
Limits
62.14630
What
emission
limitations
must
I
meet
and
by
when?
62.14635
What
operating
limits
must
I
meet
and
by
when?
62.14536
What
steps
are
required
to
request
an
extension
of
the
initial
compliance
date
if
I
plan
to
continue
operation
of
my
CISWI
unit?
62.14640
What
if
I
do
not
use
a
wet
scrubber
to
comply
with
the
emission
limitations?
62.14645
What
happens
during
periods
of
startup,
shutdown,
and
malfunction?

Performance
Testing
62.14650
How
do
I
conduct
the
initial
and
annual
performance
test?
62.14655
How
are
the
performance
test
data
used?

Initial
Compliance
Requirements
62.14660
How
do
I
demonstrate
initial
compliance
with
the
emission
limitations
and
establish
the
operating
limits?
62.14665
By
what
date
must
I
conduct
the
initial
performance
test?

Continuous
Compliance
Requirements
62.14670
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations
and
the
operating
limits?
62.14675
By
what
date
must
I
conduct
the
annual
performance
test?
62.14680
May
I
conduct
performance
testing
less
often?
62.14685
May
I
conduct
a
repeat
performance
test
to
establish
new
operating
limits?
Monitoring
62.14690
What
monitoring
equipment
must
I
install
and
what
parameters
must
I
monitor?
62.14695
Is
there
a
minimum
amount
of
monitoring
data
I
must
obtain?

Recordkeeping
and
Reporting
62.14700
What
records
must
I
keep?
62.14705
Where
and
in
what
format
must
I
keep
my
records?
62.14710
What
reports
must
I
submit?
62.14715
When
must
I
submit
my
waste
management
plan?
62.14720
What
information
must
I
submit
following
my
initial
performance
test?
62.14725
When
must
I
submit
my
annual
report?
62.14730
What
information
must
I
include
in
my
annual
report?
62.14735
What
else
must
I
report
if
I
have
a
deviation
from
the
operating
limits
or
the
emission
limitations?
62.14740
What
must
I
include
in
the
deviation
report?
62.14745
What
else
must
I
report
if
I
have
a
deviation
from
the
requirement
to
have
a
qualified
operator
accessible?
62.14750
Are
there
any
other
notifications
or
reports
that
I
must
submit?
62.14755
In
what
form
can
I
submit
my
reports?
62.14760
Can
reporting
dates
be
changed?

Air
Curtain
Incinerators
that
Burn
100
Percent
Wood
Wastes
and
Clean
Lumber
62.14765
What
is
an
air
curtain
incinerator?
62.14770
When
must
I
achieve
final
compliance?
62.14795
How
do
I
achieve
final
compliance?
62.14805
What
must
I
do
if
I
close
my
air
curtain
incinerator
and
then
restart
it?
62.14810
What
must
I
do
if
I
plan
to
permanently
close
my
air
curtain
incinerator
and
not
restart
it?
62.14815
What
are
the
emission
limitations
for
air
curtain
incinerators
that
burn
100
percent
wood
wastes
and
clean
lumber?
62.14820
How
must
I
monitor
opacity
for
air
curtain
incinerators
that
burn
100
percent
wood
wastes
and
clean
lumber?
62.14825
What
are
the
recordkeeping
and
reporting
requirements
for
air
curtain
incinerators
that
burn
100
percent
wood
wastes
and
clean
lumber?

Title
V
Requirements
62.14830
Does
this
subpart
require
me
to
obtain
an
operating
permit
under
title
V
of
the
Clean
Air
Act?
62.14835
When
must
I
submit
a
title
V
permit
application
for
my
existing
CISWI
unit?

Definitions
62.14840
What
definitions
must
I
know?

Tables
Table
1
of
Subpart
III
of
Part
62
 
Emission
Limitations
Table
2
of
Subpart
III
of
Part
62
 
Operating
Limits
for
Wet
Scrubbers
Table
3
of
Subpart
III
of
Part
62
 
Toxic
Equivalency
Factors
Table
4
of
Subpart
III
of
Part
62
 
Summary
of
Reporting
Requirements
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Vol.
67,
No.
227
/
Monday,
November
25,
2002
/
Proposed
Rules
Introduction
§
62.14500
What
is
the
purpose
of
this
subpart?

(
a)
This
subpart
establishes
emission
requirements
and
compliance
schedules
for
the
control
of
emissions
from
commercial
and
industrial
solid
waste
incineration
(
CISWI)
units
that
are
not
covered
by
an
EPA
approved
and
currently
effective
State
or
Tribal
plan.
The
pollutants
addressed
by
these
emission
requirements
are
listed
in
Table
1
of
this
subpart.
These
emission
requirements
are
developed
in
accordance
with
sections
111(
d)
and
129
of
the
Clean
Air
Act
and
subpart
B
of
40
CFR
part
60.
(
b)
In
this
subpart,
you
means
the
owner
or
operator
of
a
CISWI
unit.

§
62.14505
What
are
the
principal
components
of
this
subpart?

This
subpart
contains
the
eleven
major
components
listed
in
paragraphs
(
a)
through
(
k)
of
this
section.
(
a)
Increments
of
progress
toward
compliance.
(
b)
Waste
management
plan.
(
c)
Operator
training
and
qualification.
(
d)
Emission
limitations
and
operating
limits.
(
e)
Performance
testing.
(
f)
Initial
compliance
requirements.
(
g)
Continuous
compliance
requirements.
(
h)
Monitoring.
(
i)
Recordkeeping
and
reporting.
(
j)
Definitions.
(
k)
Tables.

Applicability
§
62.14510
Am
I
subject
to
this
subpart?

(
a)
You
are
subject
to
this
subpart
if
you
own
or
operate
a
commercial
and
industrial
solid
waste
incinerator
(
CISWI)
unit
as
defined
in
§
62.14840
and
the
CISWI
unit
meets
the
criteria
described
in
paragraphs
(
a)(
1)
through
(
a)(
3)
of
this
section.
(
1)
Construction
of
your
CISWI
unit
commenced
on
or
before
November
30,
1999.
(
2)
Your
CISWI
unit
is
not
exempt
under
§
62.14525.
(
3)
Your
CISWI
unit
is
not
regulated
by
an
EPA
approved
and
currently
effective
State
or
Tribal
plan,
or
your
CISWI
unit
is
located
in
any
State
whose
approved
State
or
Tribal
plan
is
subsequently
vacated
in
whole
or
in
part.
(
b)
If
you
made
changes
after
June
1,
2001
that
meet
the
definition
of
modification
or
reconstruction
after
promulgation
of
the
final
40
CFR
part
60,
subpart
CCCC
(
New
Source
Performance
Standards
for
Commercial
and
Industrial
Solid
Waste
Incineration
Units),
your
CISWI
unit
is
subject
to
subpart
CCCC
of
40
CFR
part
60
and
this
subpart
no
longer
applies
to
that
unit.
(
c)
If
you
make
physical
or
operational
changes
to
your
existing
CISWI
unit
primarily
to
comply
with
this
subpart,
then
such
changes
do
not
qualify
as
modifications
or
reconstructions
under
subpart
CCCC
of
40
CFR
part
60.

§
62.14515
Can
my
CISWI
unit
be
covered
by
both
a
State
plan
and
this
subpart?
(
a)
If
your
CISWI
unit
is
located
in
a
State
that
does
not
have
an
EPAapproved
State
plan
or
your
State's
plan
has
not
become
effective,
this
subpart
applies
to
your
CISWI
unit
until
EPA
approves
a
State
plan
that
covers
your
CISWI
unit
and
that
State
plan
becomes
effective.
However,
a
State
may
enforce
the
requirements
of
a
State
regulation
while
your
CISWI
unit
is
still
subject
to
this
subpart.
(
b)
After
the
EPA
approves
a
State
plan
covering
your
CISWI
unit,
and
after
that
State
plan
becomes
effective,
you
will
no
longer
be
subject
to
this
subpart
and
will
only
be
subject
to
the
approved
and
effective
State
plan.

§
62.14520
How
do
I
determine
if
my
CISWI
unit
is
covered
by
an
approved
and
effective
State
or
Tribal
plan?
This
part
(
40
CFR
part
62)
contains
a
list
of
State
and
Tribal
areas
with
approved
Clean
Air
Act
section
111(
d)
and
section
129
plans
along
with
the
effective
dates
for
such
plans.
The
list
is
published
annually.
If
this
part
does
not
indicate
that
your
State
or
Tribal
area
has
an
approved
and
effective
plan,
you
should
contact
your
State
environmental
agency's
air
director
or
your
EPA
Regional
Office
to
determine
if
EPA
has
approved
a
State
plan
covering
your
unit
since
publication
of
the
most
recent
version
of
this
subpart.

§
62.14521
If
my
CISWI
unit
is
not
listed
in
the
Federal
plan
inventory,
am
I
exempt
from
this
subpart?
Not
necessarily.
Sources
subject
to
this
subpart
are
not
limited
to
the
inventory
of
sources
listed
in
Docket
A
 
2000
 
52
for
the
Federal
plan.
If
your
CISWI
units
meets
the
applicability
criteria
in
§
62.14510,
this
subpart
applies
to
you
whether
or
not
your
unit
is
listed
in
the
Federal
plan
inventory
in
the
docket.

§
62.14525
Can
my
combustion
unit
be
exempt
from
this
subpart?
This
subpart
exempts
fifteen
types
of
units
described
in
paragraphs
(
a)
through
(
o)
of
this
section
except
for
the
requirements
specified
in
this
section
and
in
§
62.14531.
(
a)
Pathological
waste
incineration
units.
Incineration
units
burning
90
percent
or
more
by
weight
(
on
a
calendar
quarter
basis
and
excluding
the
weight
of
auxiliary
fuel
and
combustion
air)
of
pathological
waste,
low­
level
radioactive
waste,
and/
or
chemotherapeutic
waste
as
defined
in
§
62.14840
are
not
subject
to
this
subpart
if
you
meet
the
two
requirements
specified
in
paragraphs
(
a)(
1)
and
(
2)
of
this
section.
(
1)
Notify
the
Administrator
that
the
unit
meets
these
criteria.
(
2)
Keep
records
on
a
calendar
quarter
basis
of
the
weight
of
pathological
waste,
low­
level
radioactive
waste,
and/
or
chemotherapeutic
waste
burned,
and
the
weight
of
all
other
fuels
and
wastes
burned
in
the
unit.
(
b)
Agricultural
waste
incineration
units.
Incineration
units
burning
90
percent
or
more
by
weight
(
on
a
calendar
quarter
basis
and
excluding
the
weight
of
auxiliary
fuel
and
combustion
air)
of
agricultural
wastes
as
defined
in
§
62.14840
are
not
subject
to
this
subpart
if
you
meet
the
two
requirements
specified
in
paragraphs
(
b)(
1)
and
(
2)
of
this
section.
(
1)
Notify
the
Administrator
that
the
unit
meets
these
criteria.
(
2)
Keep
records
on
a
calendar
quarter
basis
of
the
weight
of
agricultural
waste
burned,
and
the
weight
of
all
other
fuels
and
wastes
burned
in
the
unit.
(
c)
Municipal
waste
combustion
units.
Incineration
units
that
meet
either
of
the
two
criteria
specified
in
paragraphs
(
c)(
1)
or
(
2)
of
this
section.
(
1)
Units
that
are
regulated
under
subpart
Ea
of
40
CFR
part
60
(
Standards
of
Performance
for
Municipal
Waste
Combustors);
subpart
Eb
of
40
CFR
part
60
(
Standards
of
Performance
for
Municipal
Waste
Combustors
for
Which
Construction
is
Commenced
After
September
20,
1994);
subpart
Cb
of
40
CFR
part
60
(
Emission
Guidelines
and
Compliance
Times
for
Large
Municipal
Waste
Combustors
Constructed
on
or
Before
September
20,
1994);
subpart
AAAA
of
40
CFR
part
60
(
Standards
of
Performance
for
New
Stationary
Sources:
Small
Municipal
Waste
Combustion
Units);
or
subpart
BBBB
of
40
CFR
part
60
(
Emission
Guidelines
for
Existing
Stationary
Sources:
Small
Municipal
Waste
Combustion
Units).
(
2)
Units
that
burn
greater
than
30
percent
municipal
solid
waste
or
refusederived
fuel,
as
defined
in
40
CFR
part
60
subpart
Ea,
subpart
Eb,
subpart
AAAA,
and
subpart
BBBB,
and
that
have
the
capacity
to
burn
less
than
35
tons
(
32
megagrams)
per
day
of
municipal
solid
waste
or
refuse­
derived
fuel,
if
you
meet
the
two
requirements
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227
/
Monday,
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25,
2002
/
Proposed
Rules
in
paragraphs
(
c)(
2)(
i)
and
(
ii)
of
this
section.
(
i)
Notify
the
Administrator
that
the
unit
meets
these
criteria.
(
ii)
Keep
records
on
a
calendar
quarter
basis
of
the
weight
of
municipal
solid
waste
burned,
and
the
weight
of
all
other
fuels
and
wastes
burned
in
the
unit.
(
d)
Medical
waste
incineration
units.
Incineration
units
regulated
under
subpart
Ec
of
40
CFR
part
60
(
Standards
of
Performance
for
Hospital/
Medical/
Infectious
Waste
Incinerators
for
Which
Construction
is
Commenced
After
June
20,
1996);
40
CFR
part
60
subpart
Ce
(
Emission
Guidelines
and
Compliance
Times
for
Hospital/
Medical/
Infectious
Waste
Incinerators);
and
40
CFR
part
62
subpart
HHH
(
Federal
Plan
Requirements
for
Hospital/
Medical/
Infectious
Waste
Incinerators
Constructed
on
or
before
June
20,
1996).
(
e)
Small
power
production
facilities.
Units
that
meet
the
three
requirements
specified
in
paragraphs
(
e)(
1)
through
(
3)
of
this
section.
(
1)
The
unit
qualifies
as
a
small
power­
production
facility
under
section
3(
17)(
C)
of
the
Federal
Power
Act
(
16
U.
S.
C.
796(
17)(
C)).
(
2)
The
unit
burns
homogeneous
waste
(
not
including
refuse­
derived
fuel)
to
produce
electricity.
(
3)
You
notify
the
Administrator
that
the
unit
meets
all
of
these
criteria.
(
f)
Cogeneration
facilities.
Units
that
meet
the
three
requirements
specified
in
paragraphs
(
f)(
1)
through
(
3)
of
this
section.
(
1)
The
unit
qualifies
as
a
cogeneration
facility
under
section
3(
18)(
B)
of
the
Federal
Power
Act
(
16
U.
S.
C.
796(
18)(
B)).
(
2)
The
unit
burns
homogeneous
waste
(
not
including
refuse­
derived
fuel)
to
produce
electricity
and
steam
or
other
forms
of
energy
used
for
industrial,
commercial,
heating,
or
cooling
purposes.
(
3)
You
notify
the
Administrator
that
the
unit
meets
all
of
these
criteria.
(
g)
Hazardous
waste
combustion
units.
Units
regulated
under
subpart
EEE
of
part
63
(
National
Emission
Standards
for
Hazardous
Air
Pollutants
from
Hazardous
Waste
Combustors).
(
h)
Materials
recovery
units.
Units
that
combust
waste
for
the
primary
purpose
of
recovering
metals,
such
as
primary
and
secondary
smelters.
(
i)
Air
curtain
incinerators.
Air
curtain
incinerators
that
burn
100
percent
wood
waste
and
clean
lumber
are
only
required
to
meet
the
requirements
under
``
Air
Curtain
Incinerators
That
Burn
100
Percent
Wood
Wastes
and
Clean
Lumber''
(
§
§
62.14765
through
62.14825)
and
the
title
V
operating
permit
requirements
(
§
§
62.14830
and
62.14835).
(
j)
Cyclonic
barrel
burners.
(
k)
Rack,
part,
and
drum
reclamation
units.
(
l)
Cement
kilns.
(
m)
Sewage
sludge
incinerators.
Incineration
units
regulated
under
subpart
O
of
40
CFR
part
60
(
Standards
of
Performance
for
Sewage
Treatment
Plants).
(
n)
Chemical
recovery
units.
Combustion
units
burning
materials
to
recover
chemical
constituents
or
to
produce
chemical
compounds
where
there
is
an
existing
commercial
market
for
such
recovered
chemical
constituents
or
compounds.
The
seven
types
of
units
described
in
paragraphs
(
n)(
1)
through
(
7)
of
this
section
are
considered
chemical
recovery
units.
(
1)
Units
burning
only
pulping
liquors
(
i.
e.,
black
liquor)
that
are
reclaimed
in
a
pulping
liquor
recovery
process
and
reused
in
the
pulping
process.
(
2)
Units
burning
only
spent
sulfuric
acid
used
to
produce
virgin
sulfuric
acid.
(
3)
Units
burning
only
wood
or
coal
feedstock
for
the
production
of
charcoal.
(
4)
Units
burning
only
manufacturing
byproduct
streams/
residues
containing
catalyst
metals
which
are
reclaimed
and
reused
as
catalysts
or
used
to
produce
commercial
grade
catalysts.
(
5)
Units
burning
only
coke
to
produce
purified
carbon
monoxide
that
is
used
as
an
intermediate
in
the
production
of
other
chemical
compounds.
(
6)
Units
burning
only
hydrocarbon
liquids
or
solids
to
produce
hydrogen,
carbon
monoxide,
synthesis
gas,
or
other
gases
for
use
in
other
manufacturing
processes.
(
7)
Units
burning
only
photographic
film
to
recover
silver.
(
o)
Laboratory
units.
Units
that
burn
samples
of
materials
for
the
purpose
of
chemical
or
physical
analysis.

§
62.14530
What
if
I
have
a
chemical
recovery
unit
that
is
not
listed
in
§
62.14525(
n)?

(
a)
If
you
have
a
recovery
unit
that
is
not
listed
in
§
62.14525(
n),
you
can
petition
the
Administrator
to
add
the
unit
to
the
list.
The
petition
must
contain
the
six
items
in
paragraphs
(
a)(
1)
through
(
6)
of
this
section.
(
1)
A
description
of
the
source
of
the
materials
being
burned.
(
2)
A
description
of
the
composition
of
the
materials
being
burned,
highlighting
the
chemical
constituents
in
these
materials
that
are
recovered.
(
3)
A
description
(
including
a
process
flow
diagram)
of
the
process
in
which
the
materials
are
burned,
highlighting
the
type,
design,
and
operation
of
the
equipment
used
in
this
process.

(
4)
A
description
(
including
a
process
flow
diagram)
of
the
chemical
constituent
recovery
process,
highlighting
the
type,
design,
and
operation
of
the
equipment
used
in
this
process.

(
5)
A
description
of
the
commercial
markets
for
the
recovered
chemical
constituents
and
their
use.

(
6)
The
composition
of
the
recovered
chemical
constituents
and
the
composition
of
these
chemical
constituents
as
they
are
bought
and
sold
in
commercial
markets.

(
b)
Until
the
Administrator
approves
the
petition,
the
incineration
unit
is
covered
by
this
subpart.

(
c)
If
a
petition
is
approved,
the
Administrator
will
amend
§
62.14525(
n)
to
add
the
unit
to
the
list
of
chemical
recovery
units.

§
62.14531
When
must
I
submit
any
records
required
pursuant
to
an
exemption
allowed
under
§
62.14525?

Owners
or
operators
of
sources
that
qualify
for
the
exemptions
in
§
62.14525(
a)
through
(
o)
must
submit
any
records
required
to
support
their
claims
of
exemption
to
the
EPA
Administrator
(
or
delegated
enforcement
authority)
upon
request.
Upon
request
by
any
person
under
the
regulation
at
part
2
of
this
chapter
(
or
a
comparable
law
or
regulation
governing
a
delegated
enforcement
authority),
the
EPA
Administrator
(
or
delegated
enforcement
authority)
must
request
the
records
in
§
62.14525(
a)
through
(
o)
from
an
owner
or
operator
and
make
such
records
available
to
the
requestor
to
the
extent
required
by
part
2
of
this
chapter
(
or
a
comparable
law
governing
a
delegated
enforcement
authority).
Any
records
required
under
§
62.14525(
a)
through
(
o)
must
be
maintained
by
the
source
for
a
period
of
at
least
5
years.
Notifications
of
exemption
claims
required
under
§
62.14525(
a)
through
(
o)
of
this
section
must
be
maintained
by
the
EPA
or
delegated
enforcement
authority
for
a
period
of
at
least
5
years.
Any
information
obtained
from
an
owner
or
operator
of
a
source
accompanied
by
a
claim
of
confidentiality
will
be
treated
in
accordance
with
the
regulations
in
part
2
of
this
chapter
(
or
a
comparable
law
governing
a
delegated
enforcement
authority).

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/
Vol.
67,
No.
227
/
Monday,
November
25,
2002
/
Proposed
Rules
Compliance
Schedule
and
Increments
of
Progress
§
62.14535
When
must
I
comply
with
this
subpart
if
I
plan
to
continue
operation
of
my
CISWI
unit?

If
you
plan
to
continue
operation
of
your
CISWI
unit,
then
you
must
follow
the
requirements
in
paragraph
(
a)
or
(
b)
of
this
section
depending
on
when
you
plan
to
come
into
compliance
with
the
requirements
of
this
subpart.
(
a)
If
you
plan
to
continue
operation
and
come
into
compliance
with
the
requirements
of
this
subpart
by
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register,
then
you
must
complete
the
requirements
of
paragraphs
(
a)(
1)
through
(
a)(
5)
of
this
section.
(
1)
You
must
comply
with
the
operator
training
and
qualification
requirements
and
inspection
requirements
(
if
applicable)
of
this
subpart
by
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
(
2)
You
must
submit
a
waste
management
plan
no
later
than
the
date
six
months
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
(
3)
You
must
achieve
final
compliance
by
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
To
achieve
final
compliance,
you
must
incorporate
all
process
changes
and
complete
retrofit
construction
of
control
devices,
as
specified
in
the
final
control
plan,
so
that,
if
the
affected
CISWI
unit
is
brought
online,
all
necessary
process
changes
and
air
pollution
control
devices
would
operate
as
designed.
(
4)
You
must
conduct
the
initial
performance
test
within
90
days
after
the
date
when
you
are
required
to
achieve
final
compliance
under
paragraph
(
a)(
3)
of
this
section.
(
5)
You
must
submit
an
initial
report
including
the
results
of
the
initial
performance
test
no
later
than
60
days
following
the
initial
performance
test
(
see
§
§
62.14700
through
62.14760
for
complete
reporting
and
recordkeeping
requirements).
(
b)
If
you
plan
to
continue
operation
and
come
into
compliance
with
the
requirements
of
this
subpart
after
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register,
but
before
the
date
two
years
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register,
you
must
petition
for
and
be
granted
an
extension
of
the
final
compliance
date
specified
§
62.14535(
a)(
3)
by
meeting
the
requirements
of
§
62.14536
and
you
must
meet
the
requirements
for
increments
of
progress
specified
in
§
62.14540
through
§
62.14565.
To
achieve
the
final
compliance
increment
of
progress,
you
must
complete
the
requirements
of
paragraphs
(
b)(
1)
through
(
b)(
5)
of
this
section.
(
1)
You
must
comply
with
the
operator
training
and
qualification
requirements
and
inspection
requirements
(
if
applicable)
of
this
subpart
by
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
(
2)
You
must
submit
a
waste
management
plan
no
later
than
the
date
six
months
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
(
3)
You
must
achieve
final
compliance
by
the
date
two
years
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
For
the
final
compliance
increment
of
progress,
you
must
incorporate
all
process
changes
and
complete
retrofit
construction
of
control
devices,
as
specified
in
the
final
control
plan,
so
that,
when
the
affected
CISWI
unit
is
brought
online,
all
necessary
process
changes
and
air
pollution
control
devices
operate
as
designed.
(
4)
You
must
conduct
the
initial
performance
test
within
90
days
after
the
date
when
you
are
required
to
achieve
final
compliance
under
paragraph
(
b)(
3)
of
this
section.
(
5)
You
must
submit
an
initial
report
including
the
result
of
the
initial
performance
no
later
than
60
days
following
the
initial
performance
test
(
see
§
§
62.14700
through
62.14760
for
complete
reporting
and
recordkeeping
requirements).

§
62.14536
What
steps
are
required
to
request
an
extension
of
the
initial
compliance
date
if
I
plan
to
continue
operation
of
my
CISWI
unit?

If
you
plan
to
continue
operation
and
want
to
come
into
compliance
with
the
requirements
of
this
subpart
after
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register,
but
before
the
date
two
years
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register,
then
you
must
petition
to
the
Administrator
to
grant
you
an
extension
by
following
the
procedures
outlined
in
paragraphs
(
a)
and
(
b)
of
this
section.
(
a)
You
must
submit
your
request
for
an
extension
to
the
EPA
Administrator
(
or
delegated
enforcement
authority)
on
or
before
the
date
two
months
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
(
b)
Your
request
must
include
documentation
of
the
analyses
undertaken
to
support
your
need
for
an
extension,
including
an
explanation
of
why
you
are
unable
to
meet
the
final
compliance
date
specified
in
§
62.14535(
a)(
3)
and
why
your
requested
extension
date
is
needed
to
provide
sufficient
time
for
you
to
design,
fabricate,
and
install
the
emissions
control
systems
necessary
to
meet
the
requirements
of
this
subpart.
A
request
based
upon
the
avoidance
of
costs
of
meeting
provisions
of
this
Subpart
is
not
acceptable
and
will
be
denied.

§
62.14540
When
must
I
complete
each
increment
of
progress?

If
you
plan
to
come
into
compliance
after
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register,
you
must
meet
the
two
increments
of
progress
specified
in
paragraphs
(
a)
and
(
b)
of
this
section.
(
a)
Increment
1.
Submit
a
final
control
plan
by
the
date
6
months
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
(
b)
Increment
2.
Reach
final
compliance
by
the
date
2
years
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.

§
62.14545
What
must
I
include
in
each
notification
of
achievement
of
an
increment
of
progress?

Your
notification
of
achievement
of
an
increment
of
progress
must
include
the
four
items
specified
in
paragraphs
(
a)
through
(
d)
of
this
section.
(
a)
Notification
of
the
date
that
the
increment
of
progress
has
been
achieved.
(
b)
Any
items
required
to
be
submitted
with
each
increment
of
progress.
(
c)
Signature
of
the
owner
or
operator
of
the
CISWI
unit.
(
d)
The
date
you
were
required
to
complete
the
increment
of
progress.

§
62.14550
When
must
I
submit
a
notification
of
achievement
of
the
first
increment
of
progress?

Your
notification
for
achieving
the
first
increment
of
progress
must
be
postmarked
no
later
the
date
ten
days
after
the
date
that
is
six
months
from
the
date
of
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.

§
62.14555
What
if
I
do
not
meet
an
increment
of
progress?

Failure
to
meet
an
increment
of
progress
is
a
violation
of
the
standards
under
this
subpart.
If
you
fail
to
meet
an
increment
of
progress,
you
must
submit
a
notification
to
the
Administrator
postmarked
within
10
business
days
after
the
due
date
for
that
increment
of
progress.
You
must
inform
the
Administrator
that
you
did
not
meet
the
increment,
and
you
must
continue
to
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submit
reports
each
subsequent
calendar
month
until
the
increment
of
progress
is
met.

§
62.14560
How
do
I
comply
with
the
increment
of
progress
for
submittal
of
a
control
plan?
For
your
control
plan
increment
of
progress,
you
must
satisfy
the
two
requirements
specified
in
paragraphs
(
a)
and
(
b)
of
this
section.
(
a)
Submit
the
final
control
plan
that
includes
the
six
items
described
in
paragraphs
(
a)(
1)
through
(
6)
of
this
section.
(
1)
A
description
of
the
devices
for
air
pollution
control
and
process
changes
that
you
will
use
to
comply
with
the
emission
limitations
and
other
requirements
of
this
subpart.
(
2)
The
type(
s)
of
waste
to
be
burned.
(
3)
The
maximum
design
waste
burning
capacity.
(
4)
The
anticipated
maximum
charge
rate.
(
5)
If
applicable,
the
petition
for
sitespecific
operating
limits
under
§
62.14640.
(
6)
A
schedule
that
includes
the
date
by
which
you
will
award
the
contracts
to
procure
emission
control
equipment
or
related
materials,
initiate
on­
site
construction,
initiate
on­
site
installation
of
emission
control
equipment,
and/
or
incorporate
process
changes,
and
the
date
by
which
you
will
initiate
on­
site
construction.
(
b)
Maintain
an
onsite
copy
of
the
final
control
plan.
§
62.14565
How
do
I
comply
with
the
increment
of
progress
for
achieving
final
compliance?
For
the
final
compliance
increment
of
progress,
you
must
incorporate
all
process
changes
and
complete
retrofit
construction
of
control
devices,
as
specified
in
the
final
control
plan,
so
that,
when
the
affected
CISWI
unit
is
brought
online,
all
necessary
process
changes
and
air
pollution
control
devices
operate
as
designed.

§
62.14570
What
must
I
do
if
I
plan
to
permanently
close
my
CISWI
unit?
If
you
plan
to
permanently
close
your
CISWI
unit,
then
you
must
follow
the
requirements
in
either
paragraph
(
a)
or
(
b)
of
this
section
depending
on
when
you
plan
to
shut
down.
(
a)
If
you
plan
to
shut
down
by
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register,
rather
that
come
into
compliance
with
the
complete
set
of
requirements
in
this
subpart,
then
you
must
shut
down
by
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
You
must
meet
the
title
V
operating
permit
requirements
of
§
§
62.14830
and
62.14835
regardless
of
when
you
shut
down.
(
b)
If
you
plan
to
shut
down
rather
than
come
into
compliance
with
the
complete
set
of
requirements
of
this
subpart,
but
are
unable
to
shut
down
by
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register,
then
you
must
petition
EPA
for
and
be
granted
an
extension
by
following
the
procedures
outlined
in
paragraphs
(
b)(
1)
through
(
5)
of
this
section.
(
1)
You
must
submit
your
request
for
an
extension
to
the
EPA
Administrator
(
or
delegated
enforcement
authority)
by
the
date
two
months
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
Your
request
must
include:
(
i)
Documentation
of
the
analyses
undertaken
to
support
your
need
for
an
extension,
including
an
explanation
of
why
your
requested
extension
date
is
sufficient
time
for
you
to
shut
down
while
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register
does
not
provide
sufficient
time
for
shut
down.
A
request
based
upon
the
avoidance
of
costs
of
meeting
provisions
of
this
Subpart
is
not
acceptable
and
will
be
denied.
Your
documentation
must
include
an
evaluation
of
the
option
to
transport
your
waste
offsite
to
a
commercial
or
municipal
waste
treatment
and/
or
disposal
facility
on
a
temporary
or
permanent
basis;
and
(
ii)
Documentation
of
incremental
steps
of
progress,
including
dates
for
completing
the
increments
of
progress,
that
you
will
take
towards
shutting
down.
Some
suggested
incremental
steps
of
progress
towards
shut
down
are
provided
as
follows:

If
you
.
.
.
then
your
increments
of
progress
could
be
.
.
.

(
A)
Need
an
extension
so
you
can
install
on
onsite
alternative
waste
treatment
technology
before
you
shut
down
your
CISWI.
(
1)
Date
when
you
will
enter
into
a
contract
with
an
alternative
treatment
technology
vendor,
(
2)
Date
for
initiating
onsite
construction
or
installation
of
the
alternative
technology,
(
3)
Date
for
completing
onsite
construction
or
installation
of
the
alternative
technology
and
(
4)
Date
for
shutting
down
the
CISWI.
(
B)
Need
an
extension
so
you
can
acquire
the
services
of
a
commercial
waste
disposal
company
before
you
shut
down
your
CISWI.
(
1)
Date
when
price
quotes
will
be
obtained
from
commercial
disposal
companies,
(
2)
Date
when
you
will
enter
into
a
contract
with
a
commercial
disposal
company,
and
(
3)
Date
for
shutting
down
the
CISWI.

(
2)
You
must
shut
down
no
later
than
by
the
date
two
years
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
(
3)
You
must
comply
with
the
operator
training
and
qualification
requirements
and
inspection
requirements
(
if
applicable)
of
this
subpart
by
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
(
4)
You
must
submit
a
legally
binding
closure
agreement
to
the
Administrator
by
the
date
six
months
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
The
closure
agreement
must
specify
the
date
by
which
operation
will
cease.
The
closure
date
cannot
be
later
than
the
date
2
years
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
(
5)
You
must
meet
the
title
V
operating
permit
requirements
of
§
§
62.14830
and
62.14835
regardless
of
when
you
shut
down.

§
62.14575
What
must
I
do
if
I
close
my
CISWI
unit
and
then
restart
it?

If
you
temporarily
close
your
CISWI
unit
and
restart
the
unit
for
the
purpose
of
continuing
operation
of
your
CISWI
unit,
then
you
must
follow
the
requirements
in
paragraphs
(
a),
(
b),
or
(
c)
of
this
section
depending
on
when
you
plan
to
come
into
compliance
with
the
requirements
of
this
subpart.
You
must
meet
the
title
V
operating
permit
requirements
of
§
§
62.14830
and
62.14835
at
the
time
you
restart
your
CISWI
unit.
(
a)
If
you
plan
to
continue
operation
and
come
into
compliance
with
the
requirements
of
this
subpart
by
the
by
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register,
then
you
must
complete
the
requirements
of
§
62.14535(
a).

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(
b)
If
you
plan
to
continue
operation
and
come
into
compliance
with
the
requirements
of
this
subpart
on
or
before
the
date
two
years
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register,
then
you
must
complete
the
requirements
§
62.14535(
b).
You
must
have
first
requested
and
been
granted
an
extension
from
the
initial
compliance
date
by
following
the
requirements
of
§
62.14536.
(
c)
If
you
restart
your
CISWI
unit
after
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register
and
resume
operation,
but
have
not
previously
requested
an
extension
by
meeting
all
of
the
requirements
of
§
62.14536,
you
must
meet
all
of
the
requirements
of
§
62.14535(
a)(
1)
through
(
a)(
5)
at
the
time
you
restart
your
CISWI
unit.
Upon
restarting
your
CISWI
unit,
you
must
have
incorporated
all
process
changes
and
completed
retrofit
construction
of
control
devices
so
that
when
the
affected
CISWI
unit
is
brought
online,
all
necessary
process
changes
and
air
pollution
control
devices
operate
as
designed.

Waste
Management
Plan
§
62.14580
What
is
a
waste
management
plan?

A
waste
management
plan
is
a
written
plan
that
identifies
both
the
feasibility
and
the
methods
used
to
reduce
or
separate
certain
components
of
solid
waste
from
the
waste
stream
in
order
to
reduce
or
eliminate
toxic
emissions
from
incinerated
waste.

§
62.14585
When
must
I
submit
my
waste
management
plan?

You
must
submit
a
waste
management
plan
no
later
than
the
date
six
months
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.

§
62.14590
What
should
I
include
in
my
waste
management
plan?

A
waste
management
plan
must
include
consideration
of
the
reduction
or
separation
of
waste­
stream
elements
such
as
paper,
cardboard,
plastics,
glass,
batteries,
or
metals;
or
the
use
of
recyclable
materials.
The
plan
must
identify
any
additional
waste
management
measures,
and
the
source
must
implement
those
measures
considered
practical
and
feasible,
based
on
the
effectiveness
of
waste
management
measures
already
in
place,
the
costs
of
additional
measures,
the
emissions
reductions
expected
to
be
achieved,
and
any
other
environmental
or
energy
impacts
they
might
have.
Operator
Training
and
Qualification
§
62.14595
What
are
the
operator
training
and
qualification
requirements?
(
a)
You
must
have
a
fully
trained
and
qualified
CISWI
unit
operator
accessible
at
all
times
when
the
unit
is
in
operation,
either
at
your
facility
or
able
to
be
at
your
facility
within
one
hour.
The
trained
and
qualified
CISWI
unit
operator
may
operate
the
CISWI
unit
directly
or
be
the
direct
supervisor
of
one
or
more
other
plant
personnel
who
operate
the
unit.
If
all
qualified
CISWI
unit
operators
are
temporarily
not
accessible,
you
must
follow
the
procedures
in
§
62.14625.
(
b)
Operator
training
and
qualification
must
be
obtained
through
a
Stateapproved
program
or
by
completing
the
requirements
included
in
paragraph
(
c)
of
this
section.
(
c)
Training
must
be
obtained
by
completing
an
incinerator
operator
training
course
that
includes,
at
a
minimum,
the
three
elements
described
in
paragraphs
(
c)(
1)
through
(
3)
of
this
section.
(
1)
Training
on
the
thirteen
subjects
listed
in
paragraphs
(
c)(
1)(
i)
through
(
xiii)
of
this
section.
(
i)
Environmental
concerns,
including
types
of
emissions.
(
ii)
Basic
combustion
principles,
including
products
of
combustion.
(
iii)
Operation
of
the
specific
type
of
incinerator
to
be
used
by
the
operator,
including
proper
startup,
waste
charging,
and
shutdown
procedures.
(
iv)
Combustion
controls
and
monitoring.
(
v)
Operation
of
air
pollution
control
equipment
and
factors
affecting
performance
(
where
applicable).
(
vi)
Inspection
and
maintenance
of
the
incinerator
and
air
pollution
control
devices.
(
vii)
Actions
to
correct
malfunctions
or
conditions
that
may
lead
to
malfunction.
(
viii)
Bottom
and
fly
ash
characteristics
and
handling
procedures.
(
ix)
Applicable
Federal,
State,
and
local
regulations,
including
Occupational
Safety
and
Health
Administration
workplace
standards.
(
x)
Pollution
prevention.
(
xi)
Waste
management
practices.
(
xii)
Recordkeeping
requirements.
(
xiii)
Methods
to
continuously
monitor
CISWI
unit
and
air
pollution
control
device
operating
parameters
and
monitoring
equipment
calibration
procedures
(
where
applicable).
(
2)
An
examination
designed
and
administered
by
the
instructor.
(
3)
Written
material
covering
the
training
course
topics
that
can
serve
as
reference
material
following
completion
of
the
course.
§
62.14600
When
must
the
operator
training
course
be
completed?

(
a)
The
operator
training
course
must
be
completed
by
the
later
of
the
two
dates
specified
in
paragraphs
(
a)(
1)
and
(
2)
of
this
section.
(
1)
The
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
(
2)
Six
months
after
an
employee
assumes
responsibility
for
operating
the
CISWI
unit
or
assumes
responsibility
for
supervising
the
operation
of
the
CISWI
unit.
(
b)
You
must
follow
the
requirements
in
§
63.14625
if
all
qualified
operators
are
temporarily
not
accessible.

§
62.14605
How
do
I
obtain
my
operator
qualification?

(
a)
You
must
obtain
operator
qualification
by
completing
a
training
course
that
satisfies
the
criteria
under
§
62.14595(
b)
or
(
c).
(
b)
Qualification
is
valid
from
the
date
on
which
the
training
course
is
completed
and
the
operator
successfully
passes
the
examination
required
under
§
62.14595(
c)(
2).

§
62.14610
How
do
I
maintain
my
operator
qualification?

To
maintain
qualification,
you
must
complete
an
annual
review
or
refresher
course
of
at
least
4
hours
covering,
at
a
minimum,
the
five
topics
described
in
paragraphs
(
a)
through
(
e)
of
this
section.
(
a)
Update
of
regulations.
(
b)
Incinerator
operation,
including
startup
and
shutdown
procedures,
waste
charging,
and
ash
handling.
(
c)
Inspection
and
maintenance.
(
d)
Responses
to
malfunctions
or
conditions
that
may
lead
to
malfunction.
(
e)
Discussion
of
operating
problems
encountered
by
attendees.

§
62.14615
How
do
I
renew
my
lapsed
operator
qualification?

You
must
renew
a
lapsed
operator
qualification
by
one
of
the
two
methods
specified
in
paragraphs
(
a)
and
(
b)
of
this
section.
(
a)
For
a
lapse
of
less
than
3
years,
you
must
complete
a
standard
annual
refresher
course
described
in
§
62.14610.
(
b)
For
a
lapse
of
3
years
or
more,
you
must
repeat
the
initial
qualification
requirements
in
§
62.14605(
a).

§
62.14620
What
site­
specific
documentation
is
required?

(
a)
Documentation
must
be
available
at
the
facility
and
readily
accessible
for
all
CISWI
unit
operators
that
addresses
the
ten
topics
described
in
paragraphs
(
a)(
1)
through
(
10)
of
this
section.
You
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must
maintain
this
information
and
the
training
records
required
by
paragraph
(
c)
of
this
section
in
a
manner
that
they
can
be
readily
accessed
and
are
suitable
for
inspection
upon
request.
(
1)
Summary
of
the
applicable
standards
under
this
subpart.
(
2)
Procedures
for
receiving,
handling,
and
charging
waste.
(
3)
Incinerator
startup,
shutdown,
and
malfunction
procedures.
(
4)
Procedures
for
maintaining
proper
combustion
air
supply
levels.
(
5)
Procedures
for
operating
the
incinerator
and
associated
air
pollution
control
systems
within
the
standards
established
under
this
subpart.
(
6)
Monitoring
procedures
for
demonstrating
compliance
with
the
incinerator
operating
limits.
(
7)
Reporting
and
recordkeeping
procedures.
(
8)
The
waste
management
plan
required
under
§
§
62.14580
through
62.14590.
(
9)
Procedures
for
handling
ash.
(
10)
A
list
of
the
wastes
burned
during
the
performance
test.
(
b)
You
must
establish
a
program
for
reviewing
the
information
listed
in
paragraph
(
a)
of
this
section
with
each
employee
who
operates
your
incinerator.
(
1)
The
initial
review
of
the
information
listed
in
paragraph
(
a)
of
this
section
must
be
conducted
by
the
later
of
the
two
dates
specified
in
paragraphs
(
b)(
1)(
i)
through
(
ii)
of
this
section.
(
i)
The
date
1
year
after
publication
of
this
final
rule
in
the
Federal
Register.
(
ii)
Two
months
after
being
assigned
to
operate
the
CISWI
unit.
(
2)
Subsequent
annual
reviews
of
the
information
listed
in
paragraph
(
a)
of
this
section
must
be
conducted
no
later
than
12
months
following
the
previous
review.
(
c)
You
must
also
maintain
the
information
specified
in
paragraphs
(
c)(
1)
through
(
3)
of
this
section.
(
1)
Records
showing
the
names
of
all
plant
personnel
who
operate
your
CISWI
unit
who
have
completed
review
of
the
information
in
§
62.14620(
a)
as
required
by
§
62.14620(
b),
including
the
date
of
the
initial
review
and
all
subsequent
annual
reviews.
(
2)
Records
showing
the
names
of
all
plant
personnel
who
operate
your
CISWI
unit
who
have
completed
the
operator
training
requirements
under
§
62.14595,
met
the
criteria
for
qualification
under
§
62.14605,
and
maintained
or
renewed
their
qualification
under
§
62.14610
or
§
62.14615.
Records
must
include
documentation
of
training,
the
dates
of
the
initial
refresher
training,
and
the
dates
of
their
qualification
and
all
subsequent
renewals
of
such
qualifications.
(
3)
For
each
qualified
operator,
the
phone
and/
or
pager
number
at
which
they
can
be
reached
during
operating
hours.

§
62.14625
What
if
all
the
qualified
operators
are
temporarily
not
accessible?
If
all
qualified
operators
are
temporarily
not
accessible
(
i.
e.,
not
at
the
facility
and
not
able
to
be
at
the
facility
within
1
hour),
you
must
meet
one
of
the
two
criteria
specified
in
paragraphs
(
a)
and
(
b)
of
this
section,
depending
on
the
length
of
time
that
a
qualified
operator
is
not
accessible.
(
a)
When
all
qualified
operators
are
not
accessible
for
more
than
8
hours,
but
less
than
2
weeks,
the
CISWI
unit
may
be
operated
by
other
plant
personnel
familiar
with
the
operation
of
the
CISWI
unit
who
have
completed
a
review
of
the
information
specified
in
§
62.14620(
a)
within
the
past
12
months.
However,
you
must
record
the
period
when
all
qualified
operators
were
not
accessible
and
include
this
deviation
in
the
annual
report
as
specified
under
§
62.14730.
(
b)
When
all
qualified
operators
are
not
accessible
for
2
weeks
or
more,
you
must
take
the
two
actions
that
are
described
in
paragraphs
(
b)(
1)
and
(
2)
of
this
section.
(
1)
Notify
the
Administrator
of
this
deviation
in
writing
within
10
days.
In
the
notice,
state
what
caused
this
deviation,
what
you
are
doing
to
ensure
that
a
qualified
operator
is
accessible,
and
when
you
anticipate
that
a
qualified
operator
will
be
accessible.
(
2)
Submit
a
status
report
to
the
Administrator
every
4
weeks
outlining
what
you
are
doing
to
ensure
that
a
qualified
operator
is
accessible,
stating
when
you
anticipate
that
a
qualified
operator
will
be
accessible
and
requesting
approval
from
the
Administrator
to
continue
operation
of
the
CISWI
unit.
You
must
submit
the
first
status
report
4
weeks
after
you
notify
the
Administrator
of
the
deviation
under
paragraph
(
b)(
1)
of
this
section.
If
the
Administrator
notifies
you
that
your
request
to
continue
operation
of
the
CISWI
unit
is
disapproved,
the
CISWI
unit
may
continue
operation
for
90
days,
then
must
cease
operation.
Operation
of
the
unit
may
resume
if
you
meet
the
two
requirements
in
paragraphs
(
b)(
2)(
i)
and
(
ii)
of
this
section.
(
i)
A
qualified
operator
is
accessible
as
required
under
§
62.14595(
a).
(
ii)
You
notify
the
Administrator
that
a
qualified
operator
is
accessible
and
that
you
are
resuming
operation.
Emission
Limitations
and
Operating
Limits
§
62.14630
What
emission
limitations
must
I
meet
and
by
when?
You
must
meet
the
emission
limitations
specified
in
Table
1
of
this
subpart
by
the
applicable
final
compliance
date
for
your
CISWI
unit.

§
62.14635
What
operating
limits
must
I
meet
and
by
when?
(
a)
If
you
use
a
wet
scrubber
to
comply
with
the
emission
limitations,
you
must
establish
operating
limits
for
four
operating
parameters
(
as
specified
in
table
2
of
this
subpart)
as
described
in
paragraphs
(
a)(
1)
through
(
4)
of
this
section
during
the
initial
performance
test.
(
1)
Maximum
charge
rate,
calculated
using
one
of
the
two
different
procedures
in
paragraph
(
a)(
1)(
i)
or
(
ii),
as
appropriate.
(
i)
For
continuous
and
intermittent
units,
maximum
charge
rate
is
110
percent
of
the
average
charge
rate
measured
during
the
most
recent
performance
test
demonstrating
compliance
with
all
applicable
emission
limitations.
(
ii)
For
batch
units,
maximum
charge
rate
is
110
percent
of
the
daily
charge
rate
measured
during
the
most
recent
performance
test
demonstrating
compliance
with
all
applicable
emission
limitations.
(
2)
Minimum
pressure
drop
across
the
wet
scrubber,
which
is
calculated
as
90
percent
of
the
average
pressure
drop
across
the
wet
scrubber
measured
during
the
most
recent
performance
test
demonstrating
compliance
with
the
particulate
matter
emission
limitations;
or
minimum
amperage
to
the
wet
scrubber,
which
is
calculated
as
90
percent
of
the
average
amperage
to
the
wet
scrubber
measured
during
the
most
recent
performance
test
demonstrating
compliance
with
the
particulate
matter
emission
limitations.
(
3)
Minimum
scrubber
liquor
flow
rate,
which
is
calculated
as
90
percent
of
the
average
liquor
flow
rate
at
the
inlet
to
the
wet
scrubber
measured
during
the
most
recent
performance
test
demonstrating
compliance
with
all
applicable
emission
limitations.
(
4)
Minimum
scrubber
liquor
pH,
which
is
calculated
as
90
percent
of
the
average
liquor
pH
at
the
inlet
to
the
wet
scrubber
measured
during
the
most
recent
performance
test
demonstrating
compliance
with
the
hydrogen
chloride
emission
limitation.
(
b)
You
must
meet
the
operating
limits
established
during
the
initial
performance
test
on
the
date
the
initial
performance
test
is
required
or
completed
(
whichever
is
earlier).

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/
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/
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November
25,
2002
/
Proposed
Rules
(
c)
If
you
use
a
fabric
filter
to
comply
with
the
emission
limitations,
you
must
operate
each
fabric
filter
system
such
that
the
bag
leak
detection
system
alarm
does
not
sound
more
than
5
percent
of
the
operating
time
during
any
6­
month
period.
In
calculating
this
operating
time
percentage,
if
inspection
of
the
fabric
filter
demonstrates
that
no
corrective
action
is
required,
no
alarm
time
is
counted.
If
corrective
action
is
required,
each
alarm
shall
be
counted
as
a
minimum
of
1
hour.
If
you
take
longer
than
1
hour
to
initiate
corrective
action,
the
alarm
time
shall
be
counted
as
the
actual
amount
of
time
taken
by
you
to
initiate
corrective
action.

§
62.14640
What
if
I
do
not
use
a
wet
scrubber
to
comply
with
the
emission
limitations?
If
you
use
an
air
pollution
control
device
other
than
a
wet
scrubber,
or
limit
emissions
in
some
other
manner,
to
comply
with
the
emission
limitations
under
§
62.14630,
you
must
petition
the
Administrator
for
specific
operating
limits
to
be
established
during
the
initial
performance
test
and
continuously
monitored
thereafter.
You
must
not
conduct
the
initial
performance
test
until
after
the
petition
has
been
approved
by
the
Administrator.
Your
petition
must
include
the
five
items
listed
in
paragraphs
(
a)
through
(
e)
of
this
section.
(
a)
Identification
of
the
specific
parameters
you
propose
to
use
as
additional
operating
limits.
(
b)
A
discussion
of
the
relationship
between
these
parameters
and
emissions
of
regulated
pollutants,
identifying
how
emissions
of
regulated
pollutants
change
with
changes
in
these
parameters,
and
how
limits
on
these
parameters
will
serve
to
limit
emissions
of
regulated
pollutants.
(
c)
A
discussion
of
how
you
will
establish
the
upper
and/
or
lower
values
for
these
parameters
which
will
establish
the
operating
limits
on
these
parameters.
(
d)
A
discussion
identifying
the
methods
you
will
use
to
measure
and
the
instruments
you
will
use
to
monitor
these
parameters,
as
well
as
the
relative
accuracy
and
precision
of
these
methods
and
instruments.
(
e)
A
discussion
identifying
the
frequency
and
methods
for
recalibrating
the
instruments
you
will
use
for
monitoring
these
parameters.

§
62.14645
What
happens
during
periods
of
startup,
shutdown,
and
malfunction?

(
a)
The
emission
limitations
and
operating
limits
apply
at
all
times
except
during
periods
of
CISWI
unit
startup,
shutdown,
or
malfunction
as
defined
in
§
62.14840.
(
b)
Each
malfunction
must
last
no
longer
than
three
hours.
Performance
Testing
§
62.14650
How
do
I
conduct
the
initial
and
annual
performance
test?

(
a)
All
performance
tests
must
consist
of
a
minimum
of
three
test
runs
conducted
under
conditions
representative
of
normal
operations.
(
b)
You
must
document
that
the
waste
burned
during
the
performance
test
is
representative
of
the
waste
burned
under
normal
operating
conditions
by
maintaining
a
log
of
the
quantity
of
waste
burned
(
as
required
in
§
62.14700(
b)(
1))
and
the
types
of
waste
burned
during
the
performance
test.
(
c)
All
performance
tests
must
be
conducted
using
the
minimum
run
duration
specified
in
Table
1
of
this
subpart.
(
d)
Method
1
of
40
CFR
part
60,
Appendix
A
must
be
used
to
select
the
sampling
location
and
number
of
traverse
points.
(
e)
Method
3A
or
3B
of
40
CFR
part
60,
Appendix
A
must
be
used
for
gas
composition
analysis,
including
measurement
of
oxygen
concentration.
Method
3A
or
3B
of
40
CFR
part
60,
Appendix
A
must
be
used
simultaneously
with
each
method.
(
f)
All
pollutant
concentrations,
except
for
opacity,
must
be
adjusted
to
7
percent
oxygen
using
Equation
1
of
this
section:

C
O
(
Eq.
1)
adj=
 
(
)
 
(
)
Cmeas
20
9
7
20
9
2
.
/
.
%

Where:
Cadj
=
pollutant
concentration
adjusted
to
7
percent
oxygen;
Cmeas
=
pollutant
concentration
measured
on
a
dry
basis;
(
20.9
 
7)
=
20.9
percent
oxygen
¥
7
percent
oxygen
(
defined
oxygen
correction
basis);
20.9
=
oxygen
concentration
in
air,
percent;
and
%
O2
=
oxygen
concentration
measured
on
a
dry
basis,
percent.
(
g)
You
must
determine
dioxins/
furans
toxic
equivalency
by
following
the
procedures
in
paragraphs
(
g)(
1)
through
(
3)
of
this
section.
(
1)
Measure
the
concentration
of
each
dioxin/
furan
tetra­
through
octacongener
emitted
using
EPA
Method
23.
(
2)
For
each
dioxin/
furan
congener
measured
in
accordance
with
paragraph
(
g)(
1)
of
this
section,
multiply
the
congener
concentration
by
its
corresponding
toxic
equivalency
factor
specified
in
Table
3
of
this
subpart.
(
3)
Sum
the
products
calculated
in
accordance
with
paragraph
(
g)(
2)
of
this
section
to
obtain
the
total
concentration
of
dioxins/
furans
emitted
in
terms
of
toxic
equivalency.

§
62.14655
How
are
the
performance
test
data
used?

You
use
results
of
performance
tests
to
demonstrate
compliance
with
the
emission
limitations
in
Table
1
of
this
subpart.

Initial
Compliance
Requirements
§
62.14660
How
do
I
demonstrate
initial
compliance
with
the
emission
limitations
and
establish
the
operating
limits?

You
must
conduct
an
initial
performance
test,
as
required
under
40
CFR
60.8,
to
determine
compliance
with
the
emission
limitations
in
Table
1
of
this
subpart
and
to
establish
operating
limits
using
the
procedure
in
§
62.14635
or
§
62.14640.
The
initial
performance
test
must
be
conducted
using
the
test
methods
listed
in
Table
1
of
this
subpart
and
the
procedures
in
§
62.14650.
§
62.14665
By
what
date
must
I
conduct
the
initial
performance
test?
The
initial
performance
test
must
be
conducted
no
later
than
90
days
after
your
final
compliance
date.

Continuous
Compliance
Requirements
§
62.14670
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations
and
the
operating
limits?
(
a)
You
must
conduct
an
annual
performance
test
for
particulate
matter,
hydrogen
chloride,
and
opacity
for
each
CISWI
unit
as
required
under
40
CFR
60.8
to
determine
compliance
with
the
emission
limitations.
The
annual
performance
test
must
be
conducted
using
the
test
methods
listed
in
Table
1
of
this
subpart
and
the
procedures
in
§
62.14650.
(
b)
You
must
continuously
monitor
the
operating
parameters
specified
in
§
62.14635
or
established
under
§
62.14640.
Operation
above
the
established
maximum
or
below
the
established
minimum
operating
limits
constitutes
a
deviation
from
the
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Federal
Register
/
Vol.
67,
No.
227
/
Monday,
November
25,
2002
/
Proposed
Rules
established
operating
limits.
Three­
hour
rolling
average
values
are
used
to
determine
compliance
(
except
for
baghouse
leak
detection
system
alarms)
unless
a
different
averaging
period
is
established
under
§
62.14640.
Operating
limits
do
not
apply
during
performance
tests.
(
c)
You
must
only
burn
the
same
types
of
waste
used
to
establish
operating
limits
during
the
performance
test.

§
62.14675
By
what
date
must
I
conduct
the
annual
performance
test?

You
must
conduct
annual
performance
tests
for
particulate
matter,
hydrogen
chloride,
and
opacity
within
12
months
following
the
initial
performance
test.
Conduct
subsequent
annual
performance
tests
within
12
months
following
the
previous
one.

§
62.14680
May
I
conduct
performance
testing
less
often?

(
a)
You
can
test
less
often
for
a
given
pollutant
if
you
have
test
data
for
at
least
3
years,
and
all
performance
tests
for
the
pollutant
(
particulate
matter,
hydrogen
chloride,
or
opacity)
over
3
consecutive
years
show
that
you
comply
with
the
emission
limitation.
In
this
case,
you
do
not
have
to
conduct
a
performance
test
for
that
pollutant
for
the
next
2
years.
You
must
conduct
a
performance
test
during
the
third
year
and
no
later
than
36
months
following
the
previous
performance
test.
(
b)
If
your
CISWI
unit
continues
to
meet
the
emission
limitation
for
particulate
matter,
hydrogen
chloride,
or
opacity,
you
may
choose
to
conduct
performance
tests
for
these
pollutants
every
third
year,
but
each
test
must
be
within
36
months
of
the
previous
performance
test.
(
c)
If
a
performance
test
shows
a
deviation
from
an
emission
limitation
for
particulate
matter,
hydrogen
chloride,
or
opacity,
you
must
conduct
annual
performance
tests
for
that
pollutant
until
all
performance
tests
over
a
3­
year
period
show
compliance.

§
62.14685
May
I
conduct
a
repeat
performance
test
to
establish
new
operating
limits?

(
a)
Yes.
You
may
conduct
a
repeat
performance
test
at
any
time
to
establish
new
values
for
the
operating
limits.
The
Administrator
may
request
a
repeat
performance
test
at
any
time.
(
b)
You
must
repeat
the
performance
test
if
your
feed
stream
is
different
than
the
feed
streams
used
during
any
performance
test
used
to
demonstrate
compliance.
Monitoring
§
62.14690
What
monitoring
equipment
must
I
install
and
what
parameters
must
I
monitor?

(
a)
If
you
are
using
a
wet
scrubber
to
comply
with
the
emission
limitation
under
§
62.14630,
you
must
install,
calibrate
(
to
manufacturers'
specifications),
maintain,
and
operate
devices
(
or
establish
methods)
for
monitoring
the
value
of
the
operating
parameters
used
to
determine
compliance
with
the
operating
limits
listed
in
Table
2
of
this
subpart.
These
devices
(
or
methods)
must
measure
and
record
the
values
for
these
operating
parameters
at
the
frequencies
indicated
in
Table
2
of
this
subpart
at
all
times
except
as
specified
in
§
62.14695(
a).
(
b)
If
you
use
a
fabric
filter
to
comply
with
the
requirements
of
this
subpart,
you
must
install,
calibrate,
maintain,
and
continuously
operate
a
bag
leak
detection
system
as
specified
in
paragraphs
(
b)(
1)
through
(
8)
of
this
section.
(
1)
You
must
install
and
operate
a
bag
leak
detection
system
for
each
exhaust
stack
of
the
fabric
filter.
(
2)
Each
bag
leak
detection
system
must
be
installed,
operated,
calibrated,
and
maintained
in
a
manner
consistent
with
the
manufacturer's
written
specifications
and
recommendations.
(
3)
The
bag
leak
detection
system
must
be
certified
by
the
manufacturer
to
be
capable
of
detecting
particulate
matter
emissions
at
concentrations
of
10
milligrams
per
actual
cubic
meter
or
less.
(
4)
The
bag
leak
detection
system
sensor
must
provide
output
of
relative
or
absolute
particulate
matter
loadings.
(
5)
The
bag
leak
detection
system
must
be
equipped
with
a
device
to
continuously
record
the
output
signal
from
the
sensor.
(
6)
The
bag
leak
detection
system
must
be
equipped
with
an
alarm
system
that
will
sound
automatically
when
an
increase
in
relative
particulate
matter
emissions
over
a
preset
level
is
detected.
The
alarm
must
be
located
where
it
is
easily
heard
by
plant
operating
personnel.
(
7)
For
positive
pressure
fabric
filter
systems,
a
bag
leak
detection
system
must
be
installed
in
each
baghouse
compartment
or
cell.
For
negative
pressure
or
induced
air
fabric
filters,
the
bag
leak
detector
must
be
installed
downstream
of
the
fabric
filter.
(
8)
Where
multiple
detectors
are
required,
the
system's
instrumentation
and
alarm
may
be
shared
among
detectors.
(
c)
If
you
are
using
something
other
than
a
wet
scrubber
to
comply
with
the
emission
limitations
under
§
62.14630,
you
must
install,
calibrate
(
to
the
manufacturers'
specifications),
maintain,
and
operate
the
equipment
necessary
to
monitor
compliance
with
the
site­
specific
operating
limits
established
using
the
procedures
in
§
62.14640.

§
62.14695
Is
there
a
minimum
amount
of
monitoring
data
I
must
obtain?
(
a)
Except
for
monitoring
malfunctions,
associated
repairs,
and
required
quality
assurance
or
quality
control
activities
(
including,
as
applicable,
calibration
checks
and
required
zero
and
span
adjustments
of
the
monitoring
system),
you
must
conduct
all
monitoring
at
all
times
the
CISWI
unit
is
operating.
(
b)
Do
not
use
data
recorded
during
monitor
malfunctions,
associated
repairs,
and
required
quality
assurance
or
quality
control
activities
for
meeting
the
requirements
of
this
subpart,
including
data
averages
and
calculations.
You
must
use
all
the
data
collected
during
all
other
periods
in
assessing
compliance
with
the
operating
limits.

Recordkeeping
and
Reporting
§
62.14700
What
records
must
I
keep?
You
must
maintain
the
13
items
(
as
applicable)
as
specified
in
paragraphs
(
a)
through
(
m)
of
this
section
for
a
period
of
at
least
5
years:
(
a)
Calendar
date
of
each
record.
(
b)
Records
of
the
data
described
in
paragraphs
(
b)(
1)
through
(
6)
of
this
section:
(
1)
The
CISWI
unit
charge
dates,
times,
weights,
and
hourly
charge
rates.
(
2)
Liquor
flow
rate
to
the
wet
scrubber
inlet
every
15
minutes
of
operation,
as
applicable.
(
3)
Pressure
drop
across
the
wet
scrubber
system
every
15
minutes
of
operation
or
amperage
to
the
wet
scrubber
every
15
minutes
of
operation,
as
applicable.
(
4)
Liquor
pH
as
introduced
to
the
wet
scrubber
every
15
minutes
of
operation,
as
applicable.
(
5)
For
affected
CISWI
units
that
establish
operating
limits
for
controls
other
than
wet
scrubbers
under
§
62.14640,
you
must
maintain
data
collected
for
all
operating
parameters
used
to
determine
compliance
with
the
operating
limits.
(
6)
If
a
fabric
filter
is
used
to
comply
with
the
emission
limitations,
you
must
record
the
date,
time,
and
duration
of
each
alarm
and
the
time
corrective
action
was
initiated
and
completed,
and
a
brief
description
of
the
cause
of
the
alarm
and
the
corrective
action
taken.
You
must
also
record
the
percent
of
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operating
time
during
each
6­
month
period
that
the
alarm
sounds,
calculated
as
specified
in
§
62.14635(
c).
(
c)
Identification
of
calendar
dates
and
times
for
which
monitoring
systems
used
to
monitor
operating
limits
were
inoperative,
inactive,
malfunctioning,
or
out
of
control
(
except
for
downtime
associated
with
zero
and
span
and
other
routine
calibration
checks).
Identify
the
operating
parameters
not
measured,
the
duration,
reasons
for
not
obtaining
the
data,
and
a
description
of
corrective
actions
taken.
(
d)
Identification
of
calendar
dates,
times,
and
durations
of
malfunctions,
and
a
description
of
the
malfunction
and
the
corrective
action
taken.
(
e)
Identification
of
calendar
dates
and
times
for
which
data
show
a
deviation
from
the
operating
limits
in
table
2
of
this
subpart
or
a
deviation
from
other
operating
limits
established
under
§
62.14640
with
a
description
of
the
deviations,
reasons
for
such
deviations,
and
a
description
of
corrective
actions
taken.
(
f)
The
results
of
the
initial,
annual,
and
any
subsequent
performance
tests
conducted
to
determine
compliance
with
the
emission
limits
and/
or
to
establish
operating
limits,
as
applicable.
Retain
a
copy
of
the
complete
test
report
including
calculations.
(
g)
Records
showing
the
names
of
CISWI
unit
operators
who
have
completed
review
of
the
information
in
§
62.14620(
a)
as
required
by
§
62.14620(
b),
including
the
date
of
the
initial
review
and
all
subsequent
annual
reviews.
(
h)
Records
showing
the
names
of
the
CISWI
operators
who
have
completed
the
operator
training
requirements
under
§
62.14595,
met
the
criteria
for
qualification
under
§
62.14605,
and
maintained
or
renewed
their
qualification
under
§
62.14610
or
§
62.14615.
Records
must
include
documentation
of
training,
the
dates
of
the
initial
and
refresher
training,
and
the
dates
of
their
qualification
and
all
subsequent
renewals
of
such
qualifications.
(
i)
For
each
qualified
operator,
the
phone
and/
or
pager
number
at
which
they
can
be
reached
during
operating
hours.
(
j)
Records
of
calibration
of
any
monitoring
devices
as
required
under
§
62.14690.
(
k)
Equipment
vendor
specifications
and
related
operation
and
maintenance
requirements
for
the
incinerator,
emission
controls,
and
monitoring
equipment.
(
l)
The
information
listed
in
§
62.14620(
a).
(
m)
On
a
daily
basis,
keep
a
log
of
the
quantity
of
waste
burned
and
the
types
of
waste
burned
(
always
required).

§
62.14705
Where
and
in
what
format
must
I
keep
my
records?

All
records
must
be
available
onsite
in
either
paper
copy
or
computer­
readable
format
that
can
be
printed
upon
request,
unless
an
alternative
format
is
approved
by
the
Administrator.

§
62.14710
What
reports
must
I
submit?

See
Table
4
of
this
subpart
for
a
summary
of
the
reporting
requirements.

§
62.14715
When
must
I
submit
my
waste
management
plan?

You
must
submit
the
waste
management
plan
no
later
than
the
date
six
months
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.

§
62.14720
What
information
must
I
submit
following
my
initial
performance
test?

You
must
submit
the
information
specified
in
paragraphs
(
a)
through
(
c)
of
this
section
no
later
than
60
days
following
the
initial
performance
test.
All
reports
must
be
signed
by
the
facilities
manager.
(
a)
The
complete
test
report
for
the
initial
performance
test
results
obtained
under
§
62.14660,
as
applicable.
(
b)
The
values
for
the
site­
specific
operating
limits
established
in
§
62.14635
or
§
62.14640.
(
c)
If
you
are
using
a
fabric
filter
to
comply
with
the
emission
limitations,
documentation
that
a
bag
leak
detection
system
has
been
installed
and
is
being
operated,
calibrated,
and
maintained
as
required
by
§
62.14690(
b).

§
62.14725
When
must
I
submit
my
annual
report?

You
must
submit
an
annual
report
no
later
than
12
months
following
the
submission
of
the
information
in
§
62.14720.
You
must
submit
subsequent
reports
no
more
than
12
months
following
the
previous
report.
As
with
all
other
requirements
in
this
subpart,
the
requirement
to
submit
an
annual
report
does
not
modify
or
replace
the
operating
permit
requirements
of
40
CFR
parts
70
and
71.

§
62.14730
What
information
must
I
include
in
my
annual
report?

The
annual
report
required
under
§
62.14725
must
include
the
ten
items
listed
in
paragraphs
(
a)
through
(
j)
of
this
section.
If
you
have
a
deviation
from
the
operating
limits
or
the
emission
limitations,
you
must
also
submit
deviation
reports
as
specified
in
§
§
62.14735,
62.14740,
and
62.14745.
(
a)
Company
name
and
address.
(
b)
Statement
by
a
responsible
official,
with
that
official's
name,
title,
and
signature,
certifying
the
accuracy
of
the
content
of
the
report.
(
c)
Date
of
report
and
beginning
and
ending
dates
of
the
reporting
period.
(
d)
The
values
for
the
operating
limits
established
pursuant
to
§
62.14635
or
§
62.14640.
(
e)
If
no
deviation
from
any
emission
limitation
or
operating
limit
that
applies
to
you
has
been
reported,
a
statement
that
there
was
no
deviation
from
the
emission
limitations
or
operating
limits
during
the
reporting
period,
and
that
no
monitoring
system
used
to
determine
compliance
with
the
operating
limits
was
inoperative,
inactive,
malfunctioning
or
out
of
control.
(
f)
The
highest
recorded
3­
hour
average
and
the
lowest
recorded
3­
hour
average,
as
applicable,
for
each
operating
parameter
recorded
for
the
calendar
year
being
reported.
(
g)
Information
recorded
under
§
62.14700(
b)(
6)
and
(
c)
through
(
e)
for
the
calendar
year
being
reported.
(
h)
If
a
performance
test
was
conducted
during
the
reporting
period,
the
results
of
that
test.
(
i)
If
you
met
the
requirements
of
§
62.14680(
a)
or
(
b),
and
did
not
conduct
a
performance
test
during
the
reporting
period,
you
must
state
that
you
met
the
requirements
of
§
62.14680(
a)
or
(
b),
and,
therefore,
you
were
not
required
to
conduct
a
performance
test
during
the
reporting
period.
(
j)
Documentation
of
periods
when
all
qualified
CISWI
unit
operators
were
unavailable
for
more
than
8
hours,
but
less
than
2
weeks.

§
62.14735
What
else
must
I
report
if
I
have
a
deviation
from
the
operating
limits
or
the
emission
limitations?
(
a)
You
must
submit
a
deviation
report
if
any
recorded
3­
hour
average
parameter
level
is
above
the
maximum
operating
limit
or
below
the
minimum
operating
limit
established
under
this
subpart,
if
the
bag
leak
detection
system
alarm
sounds
for
more
than
5
percent
of
the
operating
time
for
any
6­
month
reporting
period,
or
if
a
performance
test
was
conducted
that
deviated
from
any
emission
limitation.
(
b)
The
deviation
report
must
be
submitted
by
August
1
of
that
year
for
data
collected
during
the
first
half
of
the
calendar
year
(
January
1
to
June
30),
and
by
February
1
of
the
following
year
for
data
you
collected
during
the
second
half
of
the
calendar
year
(
July
1
to
December
31).

§
62.14740
What
must
I
include
in
the
deviation
report?
In
each
report
required
under
§
62.14735,
for
any
pollutant
or
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parameter
that
deviated
from
the
emission
limitations
or
operating
limits
specified
in
this
subpart,
include
the
six
items
described
in
paragraphs
(
a)
through
(
f)
of
this
section.
(
a)
The
calendar
dates
and
times
your
unit
deviated
from
the
emission
limitations
or
operating
limit
requirements.
(
b)
The
averaged
and
recorded
data
for
those
dates.
(
c)
Duration
and
causes
of
each
deviation
from
the
emission
limitations
or
operating
limits
and
your
corrective
actions.
(
d)
A
copy
of
the
operating
limit
monitoring
data
during
each
deviation
and
any
test
report
that
documents
the
emission
levels.
(
e)
The
dates,
times,
number,
duration,
and
causes
for
monitoring
downtime
incidents
(
other
than
downtime
associated
with
zero,
span,
and
other
routine
calibration
checks).
(
f)
Whether
each
deviation
occurred
during
a
period
of
startup,
shutdown,
or
malfunction,
or
during
another
period.

§
62.14745
What
else
must
I
report
if
I
have
a
deviation
from
the
requirement
to
have
a
qualified
operator
accessible?
(
a)
If
all
qualified
operators
are
not
accessible
for
two
weeks
or
more,
you
must
take
the
two
actions
in
paragraphs
(
a)(
1)
and
(
2)
of
this
section.
(
1)
Within
ten
days
of
each
deviation,
you
must
submit
a
notification
that
includes
the
three
items
in
paragraphs
(
a)(
1)(
i)
through
(
iii)
of
this
section.
(
i)
A
statement
of
what
caused
the
deviation.
(
ii)
A
description
of
what
you
are
doing
to
ensure
that
a
qualified
operator
is
accessible.
(
iii)
The
date
when
you
anticipate
that
a
qualified
operator
will
be
available.
(
2)
Submit
a
status
report
to
the
Administrator
every
4
weeks
that
includes
the
three
items
in
paragraphs
(
a)(
2)(
i)
through
(
iii)
of
this
section.
(
i)
A
description
of
what
you
are
doing
to
ensure
that
a
qualified
operator
is
accessible.
(
ii)
The
date
when
you
anticipate
that
a
qualified
operator
will
be
accessible.
(
iii)
Request
approval
from
the
Administrator
to
continue
operation
of
the
CISWI
unit.
(
b)
If
your
unit
was
shut
down
by
the
Administrator,
under
the
provisions
of
§
62.14625(
b)(
2),
due
to
a
failure
to
provide
an
accessible
qualified
operator,
you
must
notify
the
Administrator
that
you
are
resuming
operation
once
a
qualified
operator
is
accessible.

§
62.14750
Are
there
any
other
notifications
or
reports
that
I
must
submit?
Yes.
You
must
submit
notifications
as
provided
by
40
CFR
60.7.
§
62.14755
In
what
form
can
I
submit
my
reports?
Submit
initial,
annual,
and
deviation
reports
electronically
or
in
paper
format,
postmarked
on
or
before
the
submittal
due
dates.

§
62.14760
Can
reporting
dates
be
changed?
If
the
Administrator
agrees,
you
may
change
the
semiannual
or
annual
reporting
dates.
See
40
CFR
60.19(
c)
for
procedures
to
seek
approval
to
change
your
reporting
date.

Air
Curtain
Incinerators
that
Burn
100
Percent
Wood
Wastes
and
Clean
Lumber
§
62.14765
What
is
an
air
curtain
incinerator?
An
air
curtain
incinerator
operates
by
forcefully
projecting
a
curtain
of
air
across
an
open
chamber
or
open
pit
in
which
combustion
occurs.
Incinerators
of
this
type
can
be
constructed
above
or
below
ground
and
with
or
without
refractory
walls
and
floor.
(
Air
curtain
incinerators
are
different
from
conventional
combustion
devices
which
typically
have
enclosed
fireboxes
and
controlled
air
technology
such
as
mass
burn,
modular,
and
fluidized
bed
combustors.)

§
62.14770
When
must
I
achieve
final
compliance?
If
you
plan
to
continue
operating,
then
you
must
achieve
final
compliance
by
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
It
is
unlawful
for
your
air
curtain
incinerator
to
operate
after
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register
if
you
have
not
achieved
final
compliance.
An
air
curtain
incinerator
that
continues
to
operate
after
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register
without
being
in
compliance
is
subject
to
penalties.

§
62.14795
How
do
I
achieve
final
compliance?
For
the
final
compliance,
you
must
complete
all
equipment
changes
and
retrofit
installation
control
devices
so
that,
when
the
affected
air
curtain
incinerator
is
placed
into
service,
all
necessary
equipment
and
air
pollution
control
devices
operate
as
designed
and
meet
the
opacity
limits
of
§
62.14815.

§
62.14805
What
must
I
do
if
I
close
my
air
curtain
incinerator
and
then
restart
it?
(
a)
If
you
close
your
incinerator
but
will
reopen
it
prior
to
the
final
compliance
date
in
this
subpart,
you
must
achieve
final
compliance
by
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
(
b)
If
you
close
your
incinerator
but
will
restart
it
after
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register,
you
must
have
completed
any
needed
emission
control
retrofits
and
meet
the
opacity
limits
of
§
62.14815
on
the
date
your
incinerator
restarts
operation.
(
c)
You
must
meet
the
title
V
operating
permit
requirements
of
§
§
62.14830
and
62.14835
at
the
time
you
restart
your
air
curtain
incinerator.

§
62.14810
What
must
I
do
if
I
plan
to
permanently
close
my
air
curtain
incinerator
and
not
restart
it?

If
you
plan
to
permanently
close
your
incinerator
rather
than
comply
with
this
subpart,
you
must
submit
a
closure
notification,
including
the
date
of
closure,
to
the
Administrator
by
the
date
by
the
180
days
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
You
must
meet
the
title
V
operating
permit
requirements
of
§
§
62.14830
and
62.14835
regardless
of
when
you
shut
down.

§
62.14815
What
are
the
emission
limitations
for
air
curtain
incinerators
that
burn
100
percent
wood
wastes
and
clean
lumber?

(
a)
After
the
date
the
initial
test
for
opacity
is
required
or
completed
(
whichever
is
earlier),
you
must
meet
the
limitations
in
paragraphs
(
a)(
1)
and
(
2)
of
this
section.
(
1)
The
opacity
limitation
is
10
percent
(
6­
minute
average),
except
as
described
in
paragraph
(
a)(
2)
of
this
section.
(
2)
The
opacity
limitation
is
35
percent
(
6­
minute
average)
during
the
startup
period
that
is
within
the
first
30
minutes
of
operation.
(
b)
Except
during
malfunctions,
the
requirements
of
this
subpart
apply
at
all
times,
and
each
malfunction
must
not
exceed
3
hours.

§
62.14820
How
must
I
monitor
opacity
for
air
curtain
incinerators
that
burn
100
percent
wood
wastes
and
clean
lumber?

(
a)
Use
Method
9
of
40
CFR
part
60,
Appendix
A
to
determine
compliance
with
the
opacity
limitation.
(
b)
Conduct
an
initial
test
for
opacity
as
specified
in
§
60.8
no
later
than
90
days
after
the
date
one
year
after
promulgation
of
the
CISWI
Federal
plan
in
the
Federal
Register.
(
c)
After
the
initial
test
for
opacity,
conduct
annual
tests
no
more
than
12
calendar
months
following
the
date
of
your
previous
test.

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§
62.14825
What
are
the
recordkeeping
and
reporting
requirements
for
air
curtain
incinerators
that
burn
100
percent
wood
wastes
and
clean
lumber?

(
a)
Keep
records
of
results
of
all
initial
and
annual
opacity
tests
onsite
in
either
paper
copy
or
electronic
format,
unless
the
Administrator
approves
another
format,
for
at
least
5
years.
(
b)
Make
all
records
available
for
submittal
to
the
Administrator
or
for
an
inspector's
onsite
review.
(
c)
Submit
an
initial
report
no
later
than
60
days
following
the
initial
opacity
test
that
includes
the
information
specified
in
paragraphs
(
c)(
1)
and
(
2)
of
this
section.
(
1)
The
types
of
materials
you
plan
to
combust
in
your
air
curtain
incinerator.
(
2)
The
results
(
each
6­
minute
average)
of
the
initial
opacity
tests.
(
d)
Submit
annual
opacity
test
results
within
12
months
following
the
previous
report.
(
e)
Submit
initial
and
annual
opacity
test
reports
as
electronic
or
paper
copy
on
or
before
the
applicable
submittal
date
and
keep
a
copy
onsite
for
a
period
of
5
years.

Title
V
Requirements
§
62.14830
Does
this
subpart
require
me
to
obtain
an
operating
permit
under
title
V
of
the
Clean
Air
Act?

Yes.
If
you
are
subject
to
this
subpart,
you
are
required
to
apply
for
and
obtain
a
title
V
operating
permit
unless
you
meet
the
relevant
requirements
specified
in
40
CFR
62.14525(
a)
 
(
h)
and
(
j)
 
(
o)
and
all
of
the
requirements
specified
in
40
CFR
62.14531.

§
62.14835
When
must
I
submit
a
title
V
permit
application
for
my
existing
CISWI
unit?

(
a)
If
your
existing
CISWI
unit
is
not
subject
to
an
earlier
permit
application
deadline,
a
complete
title
V
permit
application
must
be
submitted
not
later
than
the
date
36
months
after
promulgation
of
40
CFR
part
60,
subpart
DDDD
(
December
1,
2003),
or
by
the
effective
date
of
the
applicable
State,
Tribal,
or
Federal
operating
permits
program,
whichever
is
later.
For
any
existing
CISWI
unit
not
subject
to
an
earlier
application
deadline,
this
final
application
deadline
applies
regardless
of
when
this
Federal
plan
is
effective,
or
when
the
relevant
State
or
Tribal
section
111(
d)/
129
plan
is
approved
by
EPA
and
becomes
effective.
See
sections
129(
e),
503(
c),
503(
d),
and
502(
a)
of
the
Clean
Air
Act.
(
b)
A
``
complete''
title
V
permit
application
is
one
that
has
been
determined
or
deemed
complete
by
the
relevant
permitting
authority
under
section
503(
d)
of
the
Clean
Air
Act
and
40
CFR
70.5(
a)(
2)
or
71.5(
a)(
2).
You
must
submit
a
complete
permit
application
by
the
relevant
application
deadline
in
order
to
operate
after
this
date
in
compliance
with
Federal
law.
See
sections
503(
d)
and
502(
a)
of
the
Clean
Air
Act;
40
CFR
70.7(
b)
and
71.7(
b).

Definitions
§
62.14840
What
definitions
must
I
know?
Terms
used
but
not
defined
in
this
subpart
are
defined
in
the
Clean
Air
Act,
subparts
A
and
B
of
part
60
and
subpart
A
of
this
part
62.
Administrator
means
the
Administrator
of
the
U.
S.
Environmental
Protection
Agency
or
his/
her
authorized
representative
or
Administrator
of
a
State
Air
Pollution
Control
Agency.
Agricultural
waste
means
vegetative
agricultural
materials
such
as
nut
and
grain
hulls
and
chaff
(
e.
g.,
almond,
walnut,
peanut,
rice,
and
wheat),
bagasse,
orchard
prunings,
corn
stalks,
coffee
bean
hulls
and
grounds,
and
other
vegetative
waste
materials
generated
as
a
result
of
agricultural
operations.
Air
curtain
incinerator
means
an
incinerator
that
operates
by
forcefully
projecting
a
curtain
of
air
across
an
open
chamber
or
pit
in
which
combustion
occurs.
Incinerators
of
this
type
can
be
constructed
above
or
below
ground
and
with
or
without
refractory
walls
and
floor.
(
Air
curtain
incinerators
are
different
from
conventional
combustion
devices
which
typically
have
enclosed
fireboxes
and
controlled
air
technology
such
as
mass
burn,
modular,
and
fluidized
bed
combustors.)
Auxiliary
fuel
means
natural
gas,
liquified
petroleum
gas,
fuel
oil,
or
diesel
fuel.
Bag
leak
detection
system
means
an
instrument
that
is
capable
of
monitoring
particulate
matter
loadings
in
the
exhaust
of
a
fabric
filter
(
i.
e.,
baghouse)
in
order
to
detect
bag
failures.
A
bag
leak
detection
system
includes,
but
is
not
limited
to,
an
instrument
that
operates
on
triboelectric,
light
scattering,
light
transmittance,
or
other
principle
to
monitor
relative
particulate
matter
loadings.
Calendar
quarter
means
three
consecutive
months
(
nonoverlapping)
beginning
on:
January
1,
April
1,
July
1,
or
October
1.
Calendar
year
means
365
consecutive
days
starting
on
January
1
and
ending
on
December
31.
Chemotherapeutic
waste
means
waste
material
resulting
from
the
production
or
use
of
antineoplastic
agents
used
for
the
purpose
of
stopping
or
reversing
the
growth
of
malignant
cells.
Clean
lumber
means
wood
or
wood
products
that
have
been
cut
or
shaped
and
include
wet,
air­
dried,
and
kilndried
wood
products.
Clean
lumber
does
not
include
wood
products
that
have
been
painted,
pigment­
stained,
or
pressure­
treated
by
compounds
such
as
chromate
copper
arsenate,
pentachlorophenol,
and
creosote.
Commercial
and
industrial
solid
waste
incineration
(
CISWI)
unit
means
any
combustion
device
that
combusts
commercial
and
industrial
waste,
as
defined
in
this
subpart.
The
boundaries
of
a
CISWI
unit
are
defined
as,
but
not
limited
to,
the
commercial
or
industrial
solid
waste
fuel
feed
system,
grate
system,
flue
gas
system,
and
bottom
ash.
The
CISWI
unit
does
not
include
air
pollution
control
equipment
or
the
stack.
The
CISWI
unit
boundary
starts
at
the
commercial
and
industrial
solid
waste
hopper
(
if
applicable)
and
extends
through
two
areas:
(
1)
The
combustion
unit
flue
gas
system,
which
ends
immediately
after
the
last
combustion
chamber.
(
2)
The
combustion
unit
bottom
ash
system,
which
ends
at
the
truck
loading
station
or
similar
equipment
that
transfers
the
ash
to
final
disposal.
It
includes
all
ash
handling
systems
connected
to
the
bottom
ash
handling
system.
Commercial
and
industrial
waste,
for
the
purposes
of
this
subpart,
means
solid
waste
combusted
in
an
enclosed
device
using
controlled
flame
combustion
without
energy
recovery
that
is
a
distinct
operating
unit
of
any
commercial
or
industrial
facility
(
including
field­
erected,
modular,
and
custom
built
incineration
units
operating
with
starved
or
excess
air),
or
solid
waste
combusted
in
an
air
curtain
incinerator
without
energy
recovery
that
is
a
distinct
operating
unit
of
any
commercial
or
industrial
facility.
Contained
gaseous
material
means
gases
that
are
in
a
container
when
that
container
is
combusted.
Cyclonic
barrel
burner
means
a
combustion
device
for
waste
materials
that
is
attached
to
a
55
gallon,
openhead
drum.
The
device
consists
of
a
lid,
which
fits
onto
and
encloses
the
drum,
and
a
blower
that
forces
combustion
air
into
the
drum
in
a
cyclonic
manner
to
enhance
the
mixing
of
waste
material
and
air.
Deviation
means
any
instance
in
which
an
affected
source
subject
to
this
subpart,
or
an
owner
or
operator
of
such
a
source:
(
1)
Fails
to
meet
any
requirement
or
obligation
established
by
this
subpart,
including
but
not
limited
to
any
emission
limitation,
operating
limit,
or
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Proposed
Rules
operator
qualification
and
accessibility
requirements;
(
2)
Fails
to
meet
any
term
or
condition
that
is
adopted
to
implement
an
applicable
requirement
in
this
subpart
and
that
is
included
in
the
operating
permit
for
any
affected
source
required
to
obtain
such
a
permit;
or
(
3)
Fails
to
meet
any
emission
limitation,
operating
limit,
or
operator
qualification
and
accessibility
requirement
in
this
subpart
during
startup,
shutdown,
or
malfunction,
regardless
or
whether
or
not
such
failure
is
permitted
by
this
subpart.
Dioxins/
furans
means
tetra­
through
octachlorinated
dibenzo­
p­
dioxins
and
dibenzofurans.
Discard
means,
for
purposes
of
this
subpart
and
40
CFR
part
60,
subpart
DDDD,
only,
burned
in
an
incineration
unit
without
energy
recovery.
Drum
reclamation
unit
means
a
unit
that
burns
residues
out
of
drums
(
e.
g.,
55
gallon
drums)
so
that
the
drums
can
be
reused.
Energy
recovery
means
the
process
of
recovering
thermal
energy
from
combustion
for
useful
purposes
such
as
steam
generation
or
process
heating.
Fabric
filter
means
an
add­
on
air
pollution
control
device
used
to
capture
particulate
matter
by
filtering
gas
streams
through
filter
media,
also
known
as
a
baghouse.
Low­
level
radioactive
waste
means
waste
material
which
contains
radioactive
nuclides
emitting
primarily
beta
or
gamma
radiation,
or
both,
in
concentrations
or
quantities
that
exceed
applicable
Federal
or
State
standards
for
unrestricted
release.
Low­
level
radioactive
waste
is
not
high­
level
radioactive
waste,
spent
nuclear
fuel,
or
by­
product
material
as
defined
by
the
Atomic
Energy
Act
of
1954
(
42
U.
S.
C.
2014(
e)(
2)).
Malfunction
means
any
sudden,
infrequent,
and
not
reasonably
preventable
failure
of
air
pollution
control
equipment,
process
equipment,
or
a
process
to
operate
in
a
normal
or
usual
manner.
Failures
that
are
caused,
in
part,
by
poor
maintenance
or
careless
operation
are
not
malfunctions.
Modification
or
modified
CISWI
unit
means
a
CISWI
unit
you
have
changed
later
than
promulgation
of
the
final
CISWI
emission
guidelines
in
40
CFR
part
60,
subpart
DDDD
and
that
meets
one
of
two
criteria:
(
1)
The
cumulative
cost
of
the
changes
over
the
life
of
the
unit
exceeds
50
percent
of
the
original
cost
of
building
and
installing
the
CISWI
unit
(
not
including
the
cost
of
land)
updated
to
current
costs
(
current
dollars).
To
determine
what
systems
are
within
the
boundary
of
the
CISWI
unit
used
to
calculate
these
costs,
see
the
definition
of
CISWI
unit.
(
2)
Any
physical
change
in
the
CISWI
unit
or
change
in
the
method
of
operating
it
that
increases
the
amount
of
any
air
pollutant
emitted
for
which
section
129
or
section
111
of
the
Clean
Air
Act
has
established
standards.
Particulate
matter
means
total
particulate
matter
emitted
from
CISWI
units
as
measured
by
Method
5
or
Method
29
of
40
CFR
part
60,
Appendix
A.
Parts
reclamation
unit
means
a
unit
that
burns
coatings
off
parts
(
e.
g.,
tools,
equipment)
so
that
the
parts
can
be
reconditioned
and
reused.
Pathological
waste
means
waste
material
consisting
of
only
human
or
animal
remains,
anatomical
parts,
and/
or
tissue,
the
bags/
containers
used
to
collect
and
transport
the
waste
material,
and
animal
bedding
(
if
applicable).
Rack
reclamation
unit
means
a
unit
that
burns
the
coatings
off
racks
used
to
hold
small
items
for
application
of
a
coating.
The
unit
burns
the
coating
overspray
off
the
rack
so
the
rack
can
be
reused.
Reconstruction
means
rebuilding
a
CISWI
unit
and
meeting
two
criteria:
(
1)
The
reconstruction
begins
on
or
after
promulgation
of
the
final
CISWI
emission
guidelines
in
40
CFR
part
60,
subpart
DDDD.
(
2)
The
cumulative
cost
of
the
construction
over
the
life
of
the
incineration
unit
exceeds
50
percent
of
the
original
cost
of
building
and
installing
the
CISWI
unit
(
not
including
land)
updated
to
current
costs
(
current
dollars).
To
determine
what
systems
are
within
the
boundary
of
the
CISWI
unit
used
to
calculate
these
costs,
see
the
definition
of
CISWI
unit.
Refuse­
derived
fuel
means
a
type
of
municipal
solid
waste
produced
by
processing
municipal
solid
waste
through
shredding
and
size
classification.
This
includes
all
classes
of
refuse­
derived
fuel
including
two
fuels:
(
1)
Low­
density
fluff
refuse­
derived
fuel
through
densified
refuse­
derived
fuel.
(
2)
Pelletized
refuse­
derived
fuel.
Shutdown
means
the
period
of
time
after
all
waste
has
been
combusted
in
the
primary
chamber.
Solid
waste
means
any
garbage,
refuse,
sludge
from
a
waste
treatment
plant,
water
supply
treatment
plant,
or
air
pollution
control
facility
and
other
discarded
material,
including
solid,
liquid,
semisolid,
or
contained
gaseous
material
resulting
from
industrial,
commercial,
mining,
agricultural
operations,
and
from
community
activities,
but
does
not
include
solid
or
dissolved
material
in
domestic
sewage,
or
solid
or
dissolved
materials
in
irrigation
return
flows
or
industrial
discharges
which
are
point
sources
subject
to
permits
under
section
402
of
the
Federal
Water
Pollution
Control
Act,
as
amended
(
86
Stat.
880),
or
source,
special
nuclear,
or
byproduct
material
as
defined
by
the
Atomic
Energy
Act
of
1954,
as
amended
(
68
Stat.
923).
For
purposes
of
this
subpart
and
40
CFR
part
60,
subpart
DDDD,
only,
solid
waste
does
not
include
the
waste
burned
in
the
fifteen
types
of
units
described
in
40
CFR
60.2555
of
subpart
DDDD
and
§
62.14525
of
this
subpart.
Standard
conditions,
when
referring
to
units
of
measure,
means
a
temperature
of
68
°
F
(
20
°
C)
and
a
pressure
of
1
atmosphere
(
101.3
kilopascals).
Startup
period
means
the
period
of
time
between
the
activation
of
the
system
and
the
first
charge
to
the
unit.
Tribal
plan
means
a
plan
submitted
by
a
Tribal
Authority
pursuant
to
40
CFR
parts
9,
35,
49,
50,
and
81
that
implements
and
enforces
40
CFR
part
60,
subpart
DDDD.
Wet
scrubber
means
an
add­
on
air
pollution
control
device
that
utilizes
an
aqueous
or
alkaline
scrubbing
liquor
to
collect
particulate
matter
(
including
nonvaporous
metals
and
condensed
organics)
and/
or
to
absorb
and
neutralize
acid
gases.
Wood
waste
means
untreated
wood
and
untreated
wood
products,
including
tree
stumps
(
whole
or
chipped),
trees,
tree
limbs
(
whole
or
chipped),
bark,
sawdust,
chips,
scraps,
slabs,
millings,
and
shavings.
Wood
waste
does
not
include:
(
1)
Grass,
grass
clippings,
bushes,
shrubs,
and
clippings
from
bushes
and
shrubs
from
residential,
commercial/
retail,
institutional,
or
industrial
sources
as
part
of
maintaining
yards
or
other
private
or
public
lands.
(
2)
Construction,
renovation,
or
demolition
wastes.
(
3)
Clean
lumber.

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/
Vol.
67,
No.
227
/
Monday,
November
25,
2002
/
Proposed
Rules
TABLE
1
OF
SUBPART
III
OF
PART
62.
 
EMISSION
LIMITATIONS
For
the
air
pollutant
You
must
meet
this
emission
limitation
a
Using
this
averaging
time
And
determining
compliance
using
this
method
Cadmium
................................................
0.004
milligrams
per
dry
standard
cubic
meter.
3­
run
average
(
1
hour
minimum
sample
time
per
run).
Performance
test
(
Method
29
of
appendix
A
of
part
60)
Carbon
monoxide
...................................
157
parts
per
million
by
dry
volume.
3­
run
average
(
1
hour
minimum
sample
time
per
run).
Performance
test
(
Method
10,
10A,
or
10B,
of
appendix
A
of
part
60)
Dioxins/
furans
(
toxic
equivalency
basis)
0.41
nanograms
per
dry
standard
cubic
meter.
3­
run
average
(
4
hour
minimum
sample
time
per
run).
Performance
test
(
Method
23
of
appendix
A
of
part
60)
Hydrogen
chloride
..................................
62
parts
per
million
by
dry
volume.
3­
run
average
(
1
hour
minimum
sample
time
per
run).
Performance
test
(
Method
26A
of
appendix
A
of
part
60)
Lead
........................................................
0.04
milligrams
per
dry
standard
cubic
meter.
3­
run
average
(
1
hour
minimum
sample
time
per
run).
Performance
test
(
Method
29
of
appendix
A
of
part
60)
Mercury
...................................................
0.47
milligrams
per
dry
standard
cubic
meter.
3­
run
average
(
1
hour
minimum
sample
time
per
run).
Performance
test
(
Method
29
of
appendix
A
of
part
60)
Opacity
...................................................
10
percent
.............................
6­
minute
averages
................
Performance
test
(
Method
9
of
appendix
A
of
part
60)
Oxides
of
nitrogen
..................................
388
parts
per
million
by
dry
volume.
3­
run
average
(
1
hour
minimum
sample
time
per
run).
Performance
test
(
Methods
average
7,
7A,
7C,
7D,
or
7E
of
appendix
A
of
part
60)
Particulate
matter
...................................
70
milligrams
per
dry
standard
cubic
meter.
3­
run
average
(
1
hour
minimum
sample
time
per
run).
Performance
test
(
Method
5
or
29
of
appendix
A
of
part
60)
Sulfur
dioxide
..........................................
20
parts
per
million
by
dry
volume.
3­
run
average
(
1
hour
minimum
sample
time
per
run).
Performance
test
(
Method
6
or
6c
of
appendix
A
of
part
volume
60)

a
All
emission
limitations
(
except
for
opacity)
are
measured
at
7
percent
oxygen,
dry
basis
at
standard
conditions.

TABLE
2
OF
SUBPART
III
OF
PART
62.
 
OPERATING
LIMITS
FOR
WET
SCRUBBERS
For
these
operating
parameters
You
must
establish
these
operating
limits
And
monitor
using
these
minimum
frequencies
Data
measurement
Data
recording
Averaging
time
Charge
rate
...........................
Maximum
charge
rate
..........
Continuous
.......
Every
hour
........
1.
Daily
(
batch
units).
2.
3­
hour
rolling
(
continuous
and
intermittent
units).
a
Pressure
drop
across
the
wet
scrubber
or
amperage
to
wet
scrubber.
Minimum
pressure
drop
or
amperage.
Continuous
.......
Every
15
minutes
3­
hour
rolling.
a
Scrubber
liquor
flow
rate
.......
Minimum
flow
rate
................
Continuous
.......
Every
15
minutes
3­
hour
rolling.
a
Scrubber
liquor
pH
................
Minimum
pH
.........................
Continuous
.......
Every
15
minutes
3­
hour
rolling
a
a
Calculated
each
hour
as
the
average
of
the
previous
3
operating
hours.

TABLE
3
OF
SUBPART
III
OF
PART
62.
 
TOXIC
EQUIVALENCY
FACTORS
Dioxin/
furan
congener
Toxic
equivalency
factor
A.
2,3,7,8­
tetrachlorinated
dibenzo­
p­
dioxin
................................................................................................................................................
1
B.
12,3,7,8­
pentachlorinated
dibenzo­
p­
dioxin
............................................................................................................................................
0.5
C.
1,2,3,4,7,8­
hexachlorinated
dibenzo­
p­
dioxin
.........................................................................................................................................
0.1
D.
1,2,3,7,8,9­
hexachlorinated
dibenzo­
p­
dioxin
.........................................................................................................................................
0.1
E.
12,3,6,7,8­
hexachlorinated
dibenzo­
p­
dioxin
..........................................................................................................................................
0.1
F.
1,2,3,4,6,7,8­
heptachlorinated
dibenzo­
p­
dioxin
.....................................................................................................................................
0.01
G.
0ctachlorinated
dibenzo­
p­
dioxin
............................................................................................................................................................
0.001
H.
2,3,7,8­
tetrachlorinated
dibenzofuran
.....................................................................................................................................................
0.1
I.
2,3,4,7,8­
pentachlorinated
dibenzofuran
..................................................................................................................................................
0.5
J.
1,2,3,7,8­
pentachlorinated
dibenzofuran
..................................................................................................................................................
0.05
K.
1,2,3,4,7,8­
hexachlorinated
dibenzofuran
...............................................................................................................................................
0.1
L.
1,2,3,6,7,8­
hexachlorinated
dibenzofuran
...............................................................................................................................................
0.1
M.
1,2,3,7,8,9­
hexachlorinated
dibenzofuran
..............................................................................................................................................
0.1
N.
2,3,4,6,7,8­
hexachlorinated
dibenzofuran
...............................................................................................................................................
0.1
O.
1,2,3,4,6,7,8­
heptachlorinated
dibenzofuran
..........................................................................................................................................
0.01
P.
1,2,3,4,7,8,9­
heptachlorinated
dibenzofuran
...........................................................................................................................................
0.01
Q.
0ctachlorinated
dibenzofuran
..................................................................................................................................................................
0.001
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Federal
Register
/
Vol.
67,
No.
227
/
Monday,
November
25,
2002
/
Proposed
Rules
TABLE
4
OF
SUBPART
III
OF
PART
62.
 
SUMMARY
OF
REPORTING
REQUIREMENTS
Report
Due
Date
Contents
Reference
A.
Waste
Management
Plan.
No
later
than
the
date
6
months
after
publication
of
the
final
rule
the
Federal
Register.
Waste
management
plan
......................................
§
62.14715.

B.
Initial
Test
Report
........
No
later
than
60
days
following
the
performance
test.
1.
Complete
test
report
for
the
initial
performance
test.
2.
The
values
for
the
site­
specific
operating
limits
3.
Installation
of
bag
leak
detection
systems
for
fabric
filters.
§
62.14720.

C.
Annual
Report
.............
No
later
than
12
months
following
the
submission
of
the
initial
test
report.
Subsequent
reports
are
to
be
submitted
no
more
than
12
months
following
the
previous
report.
1.
Name
and
address
............................................
2.
Statement
and
signature
by
responsible
official
3.
Date
of
report
....................................................
4.
Values
for
the
operating
limits
..........................
5.
If
no
deviations
or
malfunctions
were
reported,
a
statement
that
no
deviations
occurred
during
reporting
period.
6.
Highest
recorded
3­
hour
average
and
the
lowest
3­
hour
average,
as
applicable,
for
each
operating
parameter
recorded
for
the
calendar
year
being
reported.
7.
Information
for
deviations
or
malfunctions
recorded
under
§
62.14700(
b)(
6)
and
(
c)
through
(
e).
8.
If
a
performance
test
was
conducted
during
the
reporting
period,
the
results
of
the
test.
9.
If
a
performance
test
was
not
conducted
during
the
reporting
period,
a
statement
that
the
requirements
of
§
62.14680(
a)
or
(
b)
were
met.
10.
Documentation
of
periods
when
all
qualified
CISWI
unit
operators
were
unavailable
for
more
than
8
hours
but
less
than
2
weeks.
§
§
62.14725
and
62.14730
Subsequent
reports
are
to
be
submmitted
no
moer
than
12
months
following
the
previous
report

D.
Emission
Limitation
or
Operating
Limit
Deviation
Report.
By
August
1
of
that
year
for
data
collected
during
the
first
half
of
the
calendar
year.
By
February
1
of
the
following
year
for
data
collected
during
the
second
half
of
the
calendar
year.
1.
Dates
and
times
of
deviations
..........................
2.
Averaged
and
recorded
data
for
these
dates
...
3.
Duration
and
causes
for
each
deviation
and
the
corrective
actions
taken.
4.
Copy
of
operating
limit
monitoring
data
and
any
test
reports.
5.
Dates,
times,
and
causes
for
monitor
downtime
incidents.
6.
Whether
each
deviation
occurred
during
a
period
of
startup,
shutdown,
or
malfunction.
§
§
62.14735
and
62.14740.

E.
Qualified
Operator
Deviation
Notification.
Within
10
days
of
deviation
1.
Statement
of
cause
of
deviation
.......................
2.
Description
of
efforts
to
have
an
accessible
qualified
operator.
3.
The
date
a
qualified
operator
will
be
accessible
§
62.14745(
a)(
1).

F.
Qualified
Operator
Deviation
Status
Report.
Every
4
weeks
following
deviation.
1.
Description
of
efforts
to
have
an
accessible
qualified
operator.
2.
The
date
a
qualified
operator
will
be
accessible
3.
Request
for
approval
to
continue
operation
.....
§
62.14745(
a)(
2).

G.
Qualified
Operator
Deviation
Notification
of
Resumed
Operation.
Prior
to
resuming
operation
Notification
that
you
are
resuming
operation
........
§
62.14745(
b).

a
This
table
is
only
a
summary,
see
the
referenced
sections
of
the
rule
for
the
complete
requirements.

[
FR
Doc.
02
 
28923
Filed
11
 
22
 
02;
8:
45
am]

BILLING
CODE
6560
 
50
 
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