
[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Proposed Rules]
[Pages 3017-3087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29568]



[[Page 3017]]

Vol. 80

Wednesday,

No. 13

January 21, 2015

Part II





Environmental Protection Agency





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40 CFR Part 60





Standards of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources: Commercial and Industrial Solid Waste 
Incineration Units; Proposed Rules

  Federal Register / Vol. 80 , No. 13 / Wednesday, January 21, 2015 / 
Proposed Rules  

[[Page 3018]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2003-0119; FRL-9919-27-OAR]
RIN 2060-AR11


Standards of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources: Commercial and Industrial Solid Waste 
Incineration Units

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: On February 7, 2013, the Environmental Protection Agency (EPA) 
promulgated its final response to petitions for reconsideration of the 
final new source performance standards (NSPS) and emission guidelines 
(EG) for commercial and industrial solid waste incineration (CISWI) 
units that were promulgated on March 21, 2011. Following promulgation 
of the February 2013 final action, the Administrator received petitions 
for reconsideration that identified issues that petitioners maintain 
require additional reconsideration and/or warrant further opportunity 
for public comment. In this action, the EPA is granting reconsideration 
on four provisions of the February 2013 final NSPS and EG for CISWI 
units. In addition, the EPA identified regulatory provisions that 
require clarification and editorial correction to address 
inconsistencies and errors in the final rules. The proposed amendments 
provide additional clarity and improve the implementation of the 
February 2013 final CISWI standards, but do not have any environmental, 
energy or economic impacts associated with the proposed action.

DATES: Comments. Comments must be received on or before March 9, 2015, 
or 30 days after date of public hearing, if later.
    Public Hearing. If anyone contacts us requesting to speak at a 
public hearing by January 26, 2015, a public hearing will be held on 
February 5, 2015. If you are interested in attending the public 
hearing, contact Ms. Virginia Hunt at (919) 541-0832 to verify that a 
hearing will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0119, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: a-and-r-docket@epa.gov.
     Fax: (202) 566-1741.
     Mail: EPA Docket Center (EPA/DC), Mailcode: 28221T, 1200 
Pennsylvania Ave. NW., Washington, DC 20460. The EPA requests a 
separate copy also be sent to the contact person identified below (see 
FOR FURTHER INFORMATION CONTACT).
     Hand Delivery: EPA Docket Center, Room 3334, EPA WJC West 
Building, 1301 Constitution Avenue NW., Washington, DC. Such deliveries 
are only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0119. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
on-line at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or email. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to the EPA without going through 
www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters, any form of encryption and be free of any 
defects or viruses.
    Public Hearing: If anyone contacts the EPA requesting a public 
hearing by January 26, 2015, the public hearing will be held on 
February 5, 2015 at the EPA's campus at 109 T.W. Alexander Drive, 
Research Triangle Park, North Carolina. The hearing will begin at 1:00 
p.m. (Eastern Standard Time) and conclude at 5:00 p.m. (Eastern 
Standard Time). Please contact Ms. Virginia Hunt at 919-541-0832 or at 
hunt.virginia@epa.gov to register to speak at the hearing or to inquire 
as to whether or not a hearing will be held. The last day to pre-
register to speak at the hearing will be February 2, 2015. 
Additionally, requests to speak will be taken the day of the hearing at 
the hearing registration desk, although preferences on speaking times 
may not be able to be fulfilled. If you require the service of a 
translator or special accommodations such as audio description, please 
let us know at the time of registration. If you require an 
accommodation we ask that you pre-register for the hearing, as we may 
not be able to arrange such accommodations without advance notice. The 
hearing will provide interested parties the opportunity to present 
data, views or arguments concerning the proposed action. The EPA will 
make every effort to accommodate all speakers who arrive and register. 
Because these hearing are being held at U.S. government facilities, 
individuals planning to attend the hearing should be prepared to show 
valid picture identification to the security staff in order to gain 
access to the meeting room. Please note that the REAL ID Act, passed by 
Congress in 2005, established new requirements for entering federal 
facilities. If your driver's license is issued by Alaska, American 
Samoa, Arizona, Kentucky, Louisiana, Maine, Massachusetts, Minnesota, 
Montana, New York, Oklahoma or the state of Washington, you must 
present an additional form of identification to enter the federal 
building. Acceptable alternative forms of identification include: 
Federal employee badges, passports, enhanced driver's licenses and 
military identification cards. In addition, you will need to obtain a 
property pass for any personal belongings you bring with you. Upon 
leaving the building, you will be required to return this property pass 
to the security desk. No large signs will be allowed in the building, 
cameras may only be used outside of the building and demonstrations 
will not be allowed on federal property for security reasons. The EPA 
may ask clarifying questions during the oral presentations, but will 
not respond to the presentations at that time. Written statements and 
supporting information submitted during the comment period will be 
considered with the same weight as oral comments and supporting 
information presented at the public hearing. Again a hearing will not 
be held unless requested.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information

[[Page 3019]]

whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the EPA Docket Center (EPA/
DC), WJC West Building, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For further information, contact Ms. 
Toni Jones, Fuels and Incineration Group, Sector Policies and Programs 
Division (E143-05), Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-0316; fax 
number: (919) 541-3470; email address: jones.toni@epa.gov.

SUPPLEMENTARY INFORMATION: Acronyms and Abbreviations. The following 
acronyms and abbreviations are used in this document.

Btu British Thermal Unit
CAA Clean Air Act
CBI Confidential Business Information
Cd Cadmium
CEMS Continuous Emissions Monitoring Systems
CFR Code of Federal Regulations
CISWI Commercial and Industrial Solid Waste Incineration
CO Carbon Monoxide
CO2 Carbon Dioxide
dscm Dry Standard Cubic Meter
EG Emission Guidelines
EJ Environmental Justice
EPA U.S. Environmental Protection Agency
ERU Energy Recovery Unit
ESP Electrostatic Precipitator
FVF Fuel Variability Factor
HCl Hydrogen Chloride
Hg Mercury
ICR Information Collection Request
MACT Maximum Achievable Control Technology
mg/dscm Milligrams per Dry Standard Cubic Meter
mmBtu/hr Million British Thermal Units per Hour
NAICS North American Industrial Classification System
NESHAP National Emission Standards for Hazardous Air Pollutants
ng/dscm Nanograms per Dry Standard Cubic Meter
NHSM Non-Hazardous Secondary Material(s)
NOX Nitrogen Oxides
NSPS New Source Performance Standards
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
Pb Lead
PM Particulate Matter
ppm Parts Per Million
ppmv Parts Per Million by Volume
ppmvd Parts Per Million by Dry Volume
PS Performance Specification
RCRA Resource Conservation and Recovery Act
RIN Regulatory Information Number
SBA Small Business Administration
SO2 Sulfur Dioxide
SSM Startup, Shutdown, and Malfunction
The Court United States Court of Appeals for the District of 
Columbia Circuit
TTN Technology Transfer Network
ug/dscm Micrograms per Dry Standard Cubic Meter
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
VCS Voluntary Consensus Standards
WWW World Wide Web

Does this action apply to me?

    Categories and entities potentially affected by the proposed action 
are those that operate CISWI units. The NSPS and EG, hereinafter 
referred to as ``standards,'' for CISWI affect the following categories 
of sources:

------------------------------------------------------------------------
                                                        Examples of
           Category               NAICS \a\ Code   potentially regulated
                                                          entities
------------------------------------------------------------------------
Any industrial or commercial        211, 212, 486  Mining, oil and gas
 facility using a solid waste                       exploration
 incinerator.                                       operations; pipeline
                                                    operators.
                                              221  Utility providers.
                                    321, 322, 337  Manufacturers of wood
                                                    products;
                                                    manufacturers of
                                                    pulp, paper and
                                                    paperboard;
                                                    manufacturers of
                                                    furniture and
                                                    related products.
                                         325, 326  Manufacturers of
                                                    chemicals and allied
                                                    products;
                                                    manufacturers of
                                                    plastics and rubber
                                                    products.
                                              327  Manufacturers of
                                                    cement; nonmetallic
                                                    mineral product
                                                    manufacturing.
                                         333, 336  Manufacturers of
                                                    machinery;
                                                    manufacturers of
                                                    transportation
                                                    equipment.
                                         423, 44,  Merchant wholesalers,
                                                    durable goods;
                                                    retail trade.
------------------------------------------------------------------------
\a\ North American Industrial Classification System

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by the 
proposed action. To determine whether your facility would be affected 
by the proposed action, you should examine the applicability criteria 
in 40 CFR 60.2010 of subpart CCCC, 40 CFR 60.2505 of subpart DDDD and 
40 CFR 241. If you have any questions regarding the applicability of 
the proposed action to a particular entity, contact the person listed 
in the preceding FOR FURTHER INFORMATION CONTACT section.

What should I consider as I prepare my comments to the EPA?

    Submitting CBI. Do not submit information that you consider to be 
CBI electronically through http://www.regulations.gov, or email. For 
comments on the CISWI reconsideration and proposal, send or deliver 
information identified as CBI to only the following address: Mr. 
Roberto Morales, c/o OAQPS Document Control Officer (Room C404-02), 
U.S. Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711, Attn: Docket ID No. EPA-HQ-OAR-2003-0119.
    Clearly mark the part or all of the information that you claim to 
be CBI. For CBI information in a disk or CD-ROM that you mail to the 
EPA, mark the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. If you submit a disk or CD-ROM that 
does not contain CBI, mark the outside of the disk or CD-ROM clearly 
that it does not contain CBI. Information marked as CBI will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    If you have any questions about CBI or the procedures for claiming 
CBI, please consult the person identified in the FOR FURTHER 
INFORMATION CONTACT section.

[[Page 3020]]

How do I obtain a copy of this document and other related information?

    The docket number for the proposed action regarding the CISWI NSPS 
(40 CFR part 60, subpart CCCC) and EG (40 CFR part 60, subpart DDDD) is 
Docket ID No. EPA-HQ-OAR-2003-0119.

World Wide Web

    In addition to being available in the docket, an electronic copy of 
the proposed action is available on the World Wide Web (WWW) through 
the Technology Transfer Network (TTN) Web. Following signature, the EPA 
posted a copy of the proposed action at http://www.epa.gov/ttn/atw/129/ciwi/ciwipg.html. The TTN provides information and technology exchange 
in various areas of air pollution control.
    Organization of this Document. The following outline is provided to 
aid in locating information in this preamble.

I. General Information
    A. Background Information
    B. Actions We Are Taking
    C. Discussion of Issues for Reconsideration
    1. Definition of ``CEMS Data During Startup and Shutdown 
Periods''
    2. PM Limit for the Waste-Burning Kiln Subcategory
    3. FVF for Coal-Burning Energy Recovery Units
    4. Definition of Kiln
    D. Technical Corrections and Clarifications
    1. 2000 CISWI New Source Applicability Clarification for 
Incinerators and Air Curtain Incinerators
    2. Typographical Errors and Corrections
    3. Clarifications
    E. Environmental, Energy and Economic Impacts
    F. Affirmative Defense for Violation of Emission Standards 
During Malfunction
II Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Background Information

    On March 21, 2011, the EPA promulgated revised NSPS and EG for 
CISWI units (i.e., solid waste incineration units located at commercial 
or industrial facilities). Following that action, the Administrator 
received petitions for reconsideration that identified certain issues 
that warranted further opportunity for public comment. In response to 
the petitions, the EPA reconsidered and requested comment on several 
provisions of the February 2011 final NSPS and EG for commercial and 
industrial solid waste incineration units. The EPA published the 
proposed revisions to the NSPS and EG for commercial and industrial 
solid waste units on December 23, 2011 (76 FR 80452).
    On February 7, 2013, the EPA promulgated the final reconsidered 
NSPS and EG for CISWI units (78 FR 9112). The final rule made some 
revisions to the December 2011 proposed reconsideration rule in 
response to comments and additional information received. Following 
that action, the EPA again received petitions for reconsideration. 
These petitions stated certain provisions should be reconsidered and 
that the public lacked sufficient opportunity to comment on some of the 
provisions contained in the final 2013 CISWI rule. In this action, the 
EPA is reconsidering and requesting comment on four provisions of the 
2013 final NSPS and EG for CISWI units. Additionally, the EPA is 
proposing clarifying changes and corrections to the final rule, some of 
which are raised in petitions for reconsideration of the 2013 CISWI 
rule. The EPA is also proposing to amend the final rule by removing the 
affirmative defense provision. The EPA continues to evaluate the 
remaining issues raised in the petitions for reconsideration. For a 
more detailed background and additional information on how this rule is 
related to other CAA combustion rules issued under section 112 and the 
Resource Conservation and Recovery Act (RCRA) definition of solid 
waste, refer to prior notices (76 FR 15704, 78 FR 9112).

B. Actions We Are Taking

    In this notice, we are granting reconsideration of, and requesting 
comment on, certain issues raised by Petitioners in their petitions for 
reconsideration on the 2013 CISWI rule. These provisions are: (1) 
Definition of ``CEMS data during startup and shutdown periods;'' (2) 
particulate matter (PM) limit for the waste-burning kiln subcategory; 
(3) fuel variability factor (FVF) for coal-burning energy recovery 
units; and (4) the definition of kiln. Additionally, the EPA proposes 
to clarify certain applicability provisions relating to incinerator 
units and air curtain incinerator units subject to the 2000 CISWI NSPS 
and to correct various typographical errors identified in the rule as 
published in the Code of Federal Regulations (CFR). The EPA is also 
proposing to amend the final rule by removing the affirmative defense 
provision. Sections D and F of this preamble summarize these issues and 
present the proposed revisions necessary to address each issue.
    We are seeking public comment only on the issues specifically 
identified in this action. We will not respond to any comments 
addressing other aspects of the 2013 CISWI final rule or any other 
rulemakings.

C. Discussion of Issues for Reconsideration

    This section of the preamble contains the EPA's basis for 
reconsidering the provisions we identify in this proposed rule. We 
solicit comment on the four issues discussed in this section and the 
proposed technical corrections and clarifications discussed in Section 
D of this preamble.
1. Definition of ``CEMS Data During Startup and Shutdown Periods''
    Today's proposal requests comments on the definition of ``CEMS data 
during startup and shutdown'' contained in the February 2013 final 
rule. As background, the 2011 CISWI final rule contained continuous 
emissions monitoring system (CEMS) monitoring requirements for carbon 
monoxide (CO) from new sources, including a provision that mandated a 7 
percent oxygen correction. After the 2011 CISWI final rule was 
published, petitioners indicated that correcting CO concentration 
measurements to 7 percent oxygen is problematic during startup and 
shutdown periods when the flue gas oxygen content approaches the oxygen 
content of ambient air, especially with regard to the energy recovery 
unit (ERU) subcategory. Oxygen contents relatively close to ambient air 
are often maintained during combustion unit startup and shutdown in 
order to safely operate the unit, but, as a result, the corrected CO 
values during these periods are artificially inflated due to the oxygen 
correction calculation. Petitioners presented data that demonstrated 
how these inflated data points drive the 30-day rolling average values 
beyond the emission limit.

[[Page 3021]]

    To resolve this issue, the EPA determined that the 7 percent oxygen 
correction would not be required for CEMS data collected during periods 
of startup and shutdown. Based on data submitted for coal-burning ERUs, 
a new definition of ``CEMS data during startup and shutdown'' was 
proposed in the December 2011 reconsideration proposal that referred to 
the data collected during the first 4 hours of operation of an energy 
recovery unit starting up from a cold start and the hour of operation 
following the cessation of waste material being fed to the unit during 
shutdown.
    The EPA received comments on the proposed definition expressing 
concern that the time limits included in the definition may not 
accurately represent all CISWI unit types. Further, commenters argued 
that the same logic should apply for all CEMS-measured emission limits, 
not just CO. They explained that, even though CEMS is a compliance 
alternative rather than a requirement for most CISWI standards, other 
air regulations and permit requirements may require the units to 
continue to monitor emissions using CEMS data. Therefore, in the 
February 2013 CISWI final rule, the definition was revised to include 
all pollutants measured with a CEMS, expanded to include a separate 
definition for waste-burning kilns, and the 4-hour and 1-hour time 
limits in the definition were removed. The EPA defined the end of the 
startup period and the beginning of the shutdown period as the 
introduction and cessation of waste fed to the unit, respectively. 
Information available for the best performing units demonstrates their 
typical operation and supports the idea that startup and shutdown 
periods be defined by the introduction and cessation of waste being fed 
to the units. Furthermore, for the incinerator, small remote 
incinerator, and the ERU subcategories, the startup period was limited 
to 48 hours and the shutdown period limited to 24 hours.
    After the February 2013 CISWI final rule was promulgated, the EPA 
received petitions stating that stakeholders did not have the 
opportunity to comment on the final definition, especially the clause 
that defines the beginning and ending of these periods as the 
introduction and cessation, respectively, of waste material being fed 
to the combustor. Petitioners argued that, with the inclusion of the 
provision ending startup when waste is added to the unit, the end of 
startup will occur too early because units that combust waste often 
introduce waste before steady state operations to transition from 
startup fuel to waste and other primary fuel combustion. For this 
reason, the petitioners argued that the EPA should extend the startup 
period duration to include the period of time when sources are 
transitioning to waste combustion from the startup fuel. We are taking 
comment on whether the definition should be revised to extend the 
startup period to include this transitional period of combustor 
operation. In addition, the EPA requests that commenters suggest 
provisions that would ensure adequate application of the CEMS data 
during startup and shutdown definition, such as maximum allowable time 
limits after introduction of waste, if the agency were to allow solid 
waste combustion during startup.
2. PM Limit for the Waste-burning Kiln Subcategory
    The February 2013 CISWI final rule included PM limits for new and 
existing waste-burning kilns in the NSPS and EG, respectively. 
Petitioners have requested reconsideration of these emission limits, 
stating that they did not have the opportunity to review and comment on 
the data used to calculate the 2013 emission limits.
    As background, the March 2011 CISWI final rule promulgated PM 
emissions limits of 6.2 milligrams per dry standard cubic meter (mg/
dscm) for existing units, and 2.5 mg/dscm for new units, both corrected 
to 7 percent oxygen. In an action parallel to the March 21, 2011, final 
CISWI rule, the EPA promulgated a final rule that identifies the 
standards and procedures for identifying whether non-hazardous 
secondary materials (NHSM) are or are not solid waste when used as 
fuels or ingredients in combustion units. The EPA defines the NHSM that 
are solid waste under RCRA in the final ``Identification of Non-
Hazardous Secondary Materials That Are Solid Waste'' rulemaking. The 
RCRA definition of solid waste is integral in defining the CISWI source 
category. Commercial and industrial units that combust solid waste are 
subject to standards issued pursuant to CAA section 129, rather than to 
standards issued pursuant to CAA section 112 that would otherwise be 
applicable to such units (e.g., boilers, process heaters and cement 
kilns). Cement kilns combusting solid waste are waste-burning kilns 
subject to CISWI, not the otherwise applicable national emission 
standards for hazardous air pollutants (NESHAP). Following promulgation 
of the 2011 CISWI rule, the EPA again analyzed the materials being 
combusted in the entire national inventory of Portland cement kilns in 
light of the revisions to the NHSM rule, and made revisions to the 
CISWI waste-burning kiln inventory. When kilns were added to the 
inventory and their emissions data considered, the resulting NSPS and 
EG PM emission limits proposed in the December 2011 reconsideration 
were less stringent than those established in the March 2011 CISWI 
final rule.
    Following the December 2011 reconsideration proposal, the EPA 
learned that one of the kilns in the CISWI inventory was no longer 
burning waste, and another kiln that was not thought to be burning 
waste materials was doing so. The CISWI waste-burning kiln inventory 
was revised during the period between proposal and final to reflect 
these changes, and the database updated to include emissions data for 
the new unit, as well as some additional test reports obtained for 
units within the inventory. The EPA calculated the MACT floors after 
making the appropriate revisions to the inventory and the new NSPS and 
EG PM emission limits were more stringent than those proposed in the 
December 2011 reconsideration proposal. Table 1, below, tracks the 
progression of the waste-burning kiln PM limits from the March 2011 
final rule through the February 2013 final rule.
    Throughout the CISWI rulemaking process from March 2011 through 
February 2013, the EPA used the same calculation methodology (i.e., the 
upper prediction limit calculated from a population of individual test 
runs) to establish the emission limits for waste-burning kilns. 
However, the data set used in these calculations has changed and grown 
over this period of time as the agency has revised the CISWI inventory 
based on information submitted to the agency by the regulated 
community. As a result, a petitioner has suggested that the current PM 
emission data set for waste-burning kilns is robust enough to warrant 
using 3-run emission test averages as the data population rather than 
the individual test runs. According to the commenter, using this 
approach to calculate emission limits would result in PM emission 
limits that are different than those of the February 2013 CISWI final 
rule. The calculated PM emission limits using the test averages are 
also presented in Table 1 for comparison.
    In the context of MACT analyses, emission test averages or 
individual test run data can be used to determine emissions variability 
of best performers. We typically use individual test runs, but for 
categories with data from 15 or more sources, which would provide at 
least 45 test runs, we may choose to use test averages. In these larger 
datasets, the use of test averages or test runs is

[[Page 3022]]

expected to make very little difference in the calculated level of the 
standard. In today's proposal, the EPA is soliciting comment on the 
data set used in the February 2013 final rule, as well as whether this 
data set now warrants a different calculation approach due to its size 
or other factors. See the memoranda titled ``Potential Emission Limits 
Calculation Analyses for Waste-burning Kilns and Coal ERUs,'' 
``Approach for Applying the Upper Prediction Limit to Limited 
Datasets,'' and ``Use of the Upper Prediction Limit for Calculating 
MACT Floors'' in the CISWI docket for more details.

     Table 1--Waste-burning Kiln PM Emission Limits from March 2011 Final Rule Through Petitioner's Current
                                                   Suggestion
----------------------------------------------------------------------------------------------------------------
                                                                                                 Test average-
         Source type (units)           March 2011 Final    December 2011      February 2013     based calculated
                                             Rule          Proposed Rule        Final Rule           limits
----------------------------------------------------------------------------------------------------------------
New Sources (mg/dscm) \a\...........                2.5                8.9                2.2                4.9
Existing Sources (mg/dscm) \a\......                6.2                9.2                4.6               13.5
----------------------------------------------------------------------------------------------------------------
\a\ corrected to 7 percent oxygen (O2).

3. FVF for Coal-burning Energy Recovery Units
    In the preamble to the 2013 final CISWI rule, we explained the 
methodology used to establish the final emission limits, which relied 
almost exclusively on direct emissions measurements. A petitioner 
expressed concern that the derivation of the CISWI limits for the coal-
fired ERU subcategory should take into account the variable constituent 
levels in coal and urged the EPA to incorporate fuel variability into 
the emission limit calculations for coal-fired ERUs as was done in the 
Boiler MACT for coal-fired boilers.
    The petitioner contended that the EPA's emissions dataset for coal 
ERUs is very limited for the fuel-dependent pollutants hydrogen 
chloride (HCl), lead (Pb), cadmium (Cd), mercury (Hg), and sulfur 
dioxide (SO2), and that emission standards based on stack 
test and CEMS data alone are too stringent to be met reliably because 
of the inherent variability of the coal. Specifically, they noted that 
emission standards were based solely on one stack test for Cd, Pb and 
HCl, two stack tests for Hg and 7 days of CEMS data for SO2, 
emphasizing the short-term nature of these data. They argued that coal 
has variable levels of each of these contaminants, referencing 
historical fuel data previously submitted to the agency during the 
public comment period.
    Further, the petitioner expressed their concern that EPA based its 
decision in the 2013 final rule on inaccurate assumptions about the 
three Eastman boilers in the coal-fired ERU subcategory. This concern 
stemmed from an error in the EPA's response to Eastman's previous 
comments regarding the proposal, which mistakenly stated that for some 
pollutants, the best performers were not Eastman units. While this 
statement was true at the time of proposal, two significant changes 
were made regarding the coal-burning ERU subcategory in finalizing the 
2013 final rule: (1) The EPA determined it would be appropriate to 
subcategorize solid fuel ERUs into coal-burning and biomass-burning for 
HCl and Hg as well as the other pollutants; and (2) the only other 
facility having emissions data for a coal-burning ERU confirmed that 
the secondary materials combusted in their unit met the legitimacy 
criteria for a fuel, and therefore the unit was removed from the CISWI 
inventory. With these changes implemented, the top performer for every 
pollutant became one of the three Eastman units.
    For the 2013 final rule, the EPA's rationale for rejecting comments 
calling for the incorporation of a FVF in the emission limit 
calculations for coal-burning ERUs was based on the following points: 
(1) The subcategorization of biomass-burning and coal-burning ERUs for 
all nine pollutants ensures that the limits account for differences in 
units designed to burn coal or biomass; (2) the EPA has fuel 
variability data for only one facility within the coal-fired ERU 
subcategory, so the resulting FVF may not be reflective of the 
materials being combusted by other sources within the subcategory; and, 
(3) the EPA's analyses indicated that variability was adequately 
accounted for because the best performing sources in the coal-fired ERU 
(ERU solids (coal)) subcategory are able to meet the final emission 
limits. The petitioner objected to the EPA's assertion that the best 
performers met all of the final emission limits, emphasizing that units 
may not be able to consistently meet the standards. While they 
acknowledged that limits set for Cd, Pb and Hg may already account for 
contaminant variability (because Pb and Hg are controlled by 
electrostatic precipitators (ESPs) and Cd is rarely detected in their 
coal supplies), they argue that emissions of SO2 and HCl 
from the best performers are not controlled and are entirely dependent 
on sulfur and chlorine content of the fuel. This same petitioner also 
contended that the data the EPA used to establish the final rule 
nitrogen oxide (NOX) emission limit for the best-performing 
unit in the coal-fired ERU subcategory does not reflect this unit's 
actual performance accurately, since it reflects only periods of waste 
combustion in the analysis. The petitioner noted that this unit, as 
well as the other coal-fired ERUs at this facility, operate for 
extended periods of time in a non-waste burning mode. As a remedy, the 
petitioner suggested that the EPA use data from both waste-burning and 
non-waste burning periods for the best-performing unit to establish 
maximum achievable control technology (MACT) floor emission limits, 
stating that these will more accurately reflect actual operating 
conditions for this unit. The petitioner subsequently provided the EPA 
additional longer-term NOX CEMS data for the best-performing 
unit (reflecting coal-only and waste combustion periods of operation) 
which could be used to provide a larger data set on which to base the 
NOX emission limit calculations.
    We are, therefore, requesting comments and supporting data 
regarding the need to establish a FVF for the ERU solids (coal) 
subcategory, including stack test data from coal-only periods of 
operation in our emission limit calculations, and whether the EPA 
should re-evaluate the NOX emission limit by using the 
additional CEMS data provided for the best performing unit. Table 2 
presents a comparison of the 2013 final rule emission limits for 
existing coal ERUs and what the emission limit calculation results are 
when all data available (i.e., waste and coal-only modes of operation), 
FVF calculation techniques and the

[[Page 3023]]

additional CEMS data provided by the petitioner are used in conjunction 
to calculate the emission limits. See the memorandum, ``Potential 
Emission Limits Calculation Analyses for Waste-burning Kilns and Coal 
ERUs,'' in the CISWI docket for more details.

Table 2--Existing Coal ERU Emission Limits From February 2013 Final Rule
               and Based on FVF Plus Additional CEMS Data
------------------------------------------------------------------------
                                      February 2013        Potential
                                        final rule       emission limit
         Pollutant (units)            emission limit    using additional
                                           \a\          data and FVF \a\
------------------------------------------------------------------------
Cadmium (Cd) (mg/dscm)............             0.0095         0.0017 \b\
Hydrogen Chloride (HCl) (ppmv)....                 13             58 \c\
Mercury (Hg) (mg/dscm)............              0.016          0.013 \b\
Lead (Pb) (mg/dscm)...............               0.14          0.057 \c\
Particulate Matter (PM filterable)                160            130 \b\
 (mg/dscm)........................
Nitrogen Oxides (NOx) (ppmv)......                340            460 \b\
------------------------------------------------------------------------
\a\ All emission limits are expressed as concentrations corrected to 7
  percent O2.
\b\ Unable to calculate FVF, potential emission limit reflects use of
  additional data for coal-only mode of operation.
\c\ Based on maximum ratio in dataset to calculate FVF. If average
  ratios were used instead, HCl potential emission limit would be 19
  (parts per million by volume) ppmv and Pb would be 0.047 mg/dscm.

4. Definition of Kiln
    In today's rule, the EPA is also revising the definition of 
``kiln'' and adding definitions of ``in-line raw mill'' and ``in-line 
coal mill'' to further clarify the boundaries of the waste-burning kiln 
and to remain consistent with similar revisions made in the Portland 
Cement NESHAP. Since the in-line raw mill and in-line coal mill are 
part of the kiln, the kiln emission limits also apply to the exhaust of 
the in-line raw mill and in-line coal mill. For more background on this 
issue, the EPA discussed at length in the preamble to the proposed 
Portland Cement NESHAP a potential regulatory regime to cover 
situations where a portion of the kiln exhaust is ducted to the coal 
mill. See 77 FR 42383-85; see also the regulatory text at 77 FR 42398, 
42402-06, 42408-09.
    For waste-burning kilns, we have adopted language in the definition 
of ``kiln'' to make it consistent with that of the Portland Cement 
NESHAP. The terms ``in-line raw mill'' and ``in-line coal mill'' are 
included in this definition, and, therefore, are also being added to 
the definitions within the CISWI rule.
    In addition to the definitional amendments, we are also proposing a 
compliance demonstration and on-going monitoring method for waste-
burning kilns that combine emission streams from the in-line raw mill 
and in-line coal mill and exhaust through multiple stacks. This 
approach allows sources to measure pollutant concentrations and flows 
from each of the stacks (i.e., kiln, alkali bypass, and in-line coal 
mill, as applicable) and calculate a flow-weighted average kiln stack 
concentration that must be met in order to be in compliance with the 
CISWI waste-burning kiln emission limits. These provisions are modeled 
upon similar provisions and equations found in the Portland Cement 
NESHAP, and should streamline compliance demonstrations for waste-
burning kilns that combine streams prior to discharge to the atmosphere 
through one or more stacks. These proposed calculation method and 
measurement location options are found in 40 CFR 60.2145 and 40 CFR 
60.2710. We request comments on these definitional and calculation 
method changes to demonstrating compliance for waste-burning kilns that 
combine streams prior to discharge to the atmosphere through one or 
more stacks.

D. Technical Corrections and Clarifications

    In today's rule, we are also proposing some changes to the final 
rule to correct minor typographical errors and clarify some portions 
that may have been unclear. This section of the preamble summarizes 
these corrections and clarifications.
1. 2000 CISWI New Source Applicability Clarification for Incinerators 
and Air Curtain Incinerators
    Following promulgation of the February 2013 CISWI final rule, the 
EPA received questions regarding the continued applicability of the 
2000 CISWI NSPS for units that are subject to the 2000 CISWI NSPS as 
they are transitioned from the 2000 NSPS to the February 2013 EG with 
which they will eventually be required to comply. The 2000 CISWI NSPS 
are the same as the 2000 CISWI EG and limited in applicability to the 
incinerator subcategory and air curtain incinerators so only these 
types of CISWI units being regulated in the February 2013 CISWI final 
rules are affected by the applicability issue. The EPA intended, 
consistent with the statute and our stated intent (see 76 FR 15711, 
March 21, 2011), to continue to regulate these units as ``new'' sources 
under the 2000 NSPS, and then regulate them as ``existing'' sources 
under the more stringent EG once these units were covered under an 
approved state plan or federal plan that implements the February 2013 
CISWI final EG. The language in the February 7, 2013 NSPS at 40 CFR 
60.2105 and the title of Table 1 to 40 CFR part 60, subpart CCCC make 
the EPA's intent to do so evident. However, the applicability section 
in 40 CFR 60.2015 omitted the applicability provisions for incinerators 
and air curtain incinerators that are subject to the 2000 CISWI NSPS. 
In today's proposal, the EPA is proposing additional language in 40 CFR 
60.2015(a) and 40 CFR 60.2105(b) that clarifies that these incinerators 
and air curtain incinerators remain ``new'' units regulated under the 
2000 NSPS until such time that an approved state plan or federal plan 
implements the February 2013 EG for those unit, at which time such 
units will be subject to the 2013 EG to the extent those limits are 
more stringent than the 2000 CISWI NSPS limits.
2. Typographical Errors and Corrections
    The following items are typographical errors in the final rule that 
we are proposing to correct in today's proposal:
     References in Sec.  60.2020(e), Sec.  60.2020(f), Sec.  
60.2555(e), and Sec.  60.2555(f) were changed from ``. . . paragraphs 
(e)(1) through (3) . . .'' to ``. . . paragraphs (e)(1) through (4) . . 
.''.

[[Page 3024]]

     Restructured Sec.  60.2060 to add paragraph (b) that 
clarifies waste management plan submittal timeline for CISWI units that 
commence reconstruction or modification after August 7, 2013.
     References in Sec. Sec.  60.2020(i) and 60.2245 were 
revised to include Sec.  60.2242 in addition to Sec. Sec.  60.2245 
through 60.2260 (i.e., clarifies that air curtain incinerators burning 
wood waste, clean lumber, and/or yard waste must obtain title V 
permits).
     References in Sec. Sec.  60.2555(i) and 60.2810 were 
revised to include Sec.  60.2805 in addition to Sec. Sec.  60.2810 
through 60.2870(i.e., clarifies that air curtain incinerators burning 
wood waste, clean lumber, and/or yard waste must obtain title V 
permits).
     References in Sec.  60.2110(i)(2)(i)(D) and Sec.  
60.2675(i)(2)(i)(D) were changed from ``. . . paragraphs (i)(2)(i) 
through (iv) . . .'' to ``. . . paragraphs (i)(2)(i)(A) through 
(i)(2)(i)(C) . . .''.
     Two references in the definitions of terms for Equation 3 
in Sec.  60.2110(i)(2)(iv) were revised. For the `z' term, ``(2)(a)'' 
was corrected to ``(2)(i)'', and for the `R' term, ``Equation 3'' was 
corrected to ``Equation 2''.
     Two references in the definitions of terms for Equation 3 
in Sec.  60.2675(i)(2)(iv) were revised. For the `z' term, ``(2)(a)'' 
was corrected to ``(2)(i)'', and for the `R' term, ``Equation 3'' was 
corrected to ``Equation 2''.
     The language in Sec.  60.2140(c) and Sec.  60.2705(c) were 
revised to include the phrase ``commence or recommence combusting'' to 
be parallel to the same terminology in Sec.  60.2140(b) and Sec.  
60.2705(b), respectively.
     Extra spaces were removed from Sec. Sec.  60.2145(v) and 
60.2710(v).
     The reference in Sec.  60.2145(w)(1) was changed from 
``Sec.  60.2675'' to ``Sec.  60.2140''.
     The references in Sec.  60.2145(x)(1) were changed from 
``. . . Sec.  60.2145(l) and (x)(1)(i) through (iii) . . .'' to ``. . . 
paragraphs (l) and (x)(1)(i) through (x)(1)(iii) . . .''
     The references in Sec.  60.2710(x)(1) were changed from 
``. . . Sec.  60.2710(l) and (x)(1)(i) through (iii) . . .'' to ``. . . 
paragraphs (l) and (x)(1)(i) through (x)(1)(iii) . . .''
     Language in Sec.  60.2145(x)(1)(iii), Sec.  
60.2165(r)(1)(iii), Sec.  60.2710(x)(1)(iii) and Sec.  
60.2730(r)(1)(iii) was revised to clarify the PM continuous parameter 
monitoring system (CPMS) detection limit. The phrase ``of no greater 
than'' was changed to ``increments no greater than''.
     Provisions for PM CPMS in both subparts were revised to 
also clarify the output signals from digital monitoring devices and 
remove ``lb/Mmbtu'' typographical errors.
     The reference in Sec.  60.2165(q)(1) was changed from 
``Sec.  60.2675'' to ``Sec.  60.2140''.
     Text in Sec.  60.2165(q)(3) was corrected from ``. . . 
paragraph (q)(4) or this section . . .'' to ``. . . paragraph (q)(4) of 
this section . . .''.
     The title of 40 CFR part 60, subpart CCCC Table 1 was 
revised to clarify that these emission limits apply to incinerators 
that were subject to the 2000 CISWI rule provisions.
     The dates paragraphs (a)(1) and (2) of Sec.  60.2535 from 
the 2000 CISWI rule were omitted in the current CFR version of the 
rule, and have been reinserted.
     Added text in Sec.  60.2525(b) and Sec.  60.2535(b) to 
clarify applicability for incinerators and air curtain incinerators 
that were reconstructed or modified on or after June 1, 2001, but no 
later than August 7, 2013.
     Revised the language of Sec.  60.2550(b) to reflect the 
August 7, 2013 date for purposes of applicability with 40 CFR part 60, 
subpart CCCC.
     The text ``over 10 MMBtu/hr but less than 250 MMBtu/hr 
annual average heat input rates'' was added to Sec.  60.2730(m) for 
clarification and consistency.
     The definition of chemical recovery unit in Sec.  60.2265 
was revised to be consistent with the definition provided in Sec.  
60.2875. The following text was added: ``A chemical recovery unit is 
not an incinerator, a waste-burning kiln, an energy recovery unit or a 
small, remote incinerator under this subpart.''
     Clarifying language was added to the HCl row of 40 CFR 
part 60, subpart DDDD Table 8. Compliance method text was changed from 
``. . . if a wet scrubber is not used'' to ``. . . if a wet scrubber or 
dry scrubber is not used.''
     Text in Sec.  60.2165(o) was corrected from ``. . . you 
must use a continuous automated sampling system. . .'' to ``. . . you 
may substitute use of a continuous automated sampling system for the 
carbon monoxide annual performance test.''
     Revise the definition of ``Oxygen trim system'' to include 
draft controller and to clarify that it is a system that maintains the 
desired excess air level over the operating load range.
     Revise the definition of ``Reconstruction'' in both 
subparts to reflect the correct criterion that reconstruction begins on 
or after August 7, 2013.
     Renumbered equations in 40 CFR part 60, subpart DDDD to be 
in sequence within the subpart instead of being a continuation with 40 
CFR part 60, subpart CCCC.
     Revised paragraphs Sec. Sec.  60.2030(c), 60.2210(h), 
60.2220(d), 60.2235, 60.2770(h), 60.2780(d) and 60.2795 to reflect the 
most recent electronic reporting guidance available and to further 
clarify reporting requirements.
3. Clarifications
    Since publication of the February 7, 2013 final CISWI rule, the EPA 
has received some stakeholder questions and requests for clarification 
on certain rule provisions. We are not proposing regulatory language 
changes for the following items, but are providing some clarification 
to these questions:
     Mass balance as operating limits for units without certain 
control devices--A stakeholder has asked for clarification on whether a 
mass balance could be used as an operating parameter, and whether this 
must be measured as a 30-day rolling average instead of taking a 
monthly sample. Furthermore, the stakeholder also asked whether the 
material balance allows them to waive annual stack testing. The EPA 
disagrees that mass balance operating parameters replace annual stack 
testing. Stack testing and operating parameters work in tandem to 
ensure ongoing compliance with the standards. We do, however, accept 
that mass balance could be an allowable operating parameter in cases 
where no control device is needed to meet the pollutant's specific 
emission limit applicable to the unit. We also point out that any 
source may request a different averaging time that is appropriate for 
their source and operating parameter as provided for in 40 CFR 60.2115.
     Clarification on who the ``EPA Administrator'' is and who 
to contact for requests for averaging times, qualifying facility 
notifications, etc. We have received questions on how to contact the 
Administrator to submit notifications, reports and requests. The 
contact information is given in the General Provisions, under 40 CFR 
60.4, and has addresses listed by EPA Regional Offices.

E. Environmental, Energy and Economic Impacts

    Today's action requests comment on some provisions and makes 
technical and clarifying corrections, but does not propose substantive 
changes to the February 7, 2013, final CISWI rule (78 FR 9112). As 
such, there are no environmental, energy or economic impacts associated 
with today's proposed action. The impacts associated with the CISWI 
rule were discussed in detail in the February 7, 2013, final CISWI rule 
document.

[[Page 3025]]

F. Affirmative Defense for Violation of Emission Standards During 
Malfunction

    In several prior CAA section 112 and CAA section 129 rules, 
including this rule, the EPA included an affirmative defense to civil 
penalties for violations caused by malfunctions in an effort to create 
a system that incorporates some flexibility, recognizing that there is 
a tension, inherent in many types of air regulation, to ensure adequate 
compliance while simultaneously recognizing that despite the most 
diligent of efforts, emission standards may be violated under 
circumstances entirely beyond the control of the source. Although the 
EPA recognized that its case-by-case enforcement discretion provides 
sufficient flexibility in these circumstances, it included the 
affirmative defense to provide a more formalized approach and more 
regulatory clarity. See Weyerhaeuser Co. v. Costle, 590 F.2d 1011, 
1057-58 (D.C. Cir. 1978) (holding that an informal case-by-case 
enforcement discretion approach is adequate); but see Marathon Oil Co. 
v. EPA, 564 F.2d 1253, 1272-73 (9th Cir. 1977) (requiring a more 
formalized approach to consideration of ``upsets beyond the control of 
the permit holder.''). Under the EPA's regulatory affirmative defense 
provisions, if a source could demonstrate in a judicial or 
administrative proceeding that it had met the requirements of the 
affirmative defense in the regulation, civil penalties would not be 
assessed. Recently, the United States Court of Appeals for the District 
of Columbia Circuit vacated an affirmative defense in one of the EPA's 
CAA section 112 regulations. NRDC v. EPA, 749 F.3d 1055 (D.C. Cir., 
2014) (vacating affirmative defense provisions in CAA section 112 rule 
establishing emission standards for Portland cement kilns). The Court 
found that the EPA lacked authority to establish an affirmative defense 
for private civil suits and held that under the CAA, the authority to 
determine civil penalty amounts in such cases lies exclusively with the 
courts, not the EPA. Specifically, the Court found: ``As the language 
of the statute makes clear, the courts determine, on a case-by-case 
basis, whether civil penalties are `appropriate.''' See NRDC, 2014 U.S. 
App. LEXIS 7281 at *21 (``[U]nder this statute, deciding whether 
penalties are `appropriate' . . . is a job for the courts, not EPA.''). 
In light of NRDC, the EPA is proposing to remove the regulatory 
affirmative defense provision in the current rule.
    In the event that a source fails to comply with the applicable CAA 
section 129 standards as a result of a malfunction event, the EPA would 
determine an appropriate response based on, among other things, the 
good faith efforts of the source to minimize emissions during 
malfunction periods, including preventative and corrective actions, as 
well as root cause analyses to ascertain and rectify excess emissions. 
The EPA would also consider whether the source's failure to comply with 
the CAA section 129 standard was, in fact, ``sudden, infrequent, not 
reasonably preventable'' and was not instead ``caused in part by poor 
maintenance or careless operation.'' 40 CFR 60.2 (definition of 
malfunction).
    Further, to the extent the EPA files an enforcement action against 
a source for violation of an emission standard, the source can raise 
any and all defenses in that enforcement action and the federal 
district court will determine what, if any, relief is appropriate. The 
same is true for citizen enforcement actions. Cf. NRDC at 1064 
(arguments that violations were caused by unavoidable technology 
failure can be made to the courts in future civil cases when the issue 
arises). Similarly, the presiding officer in an administrative 
proceeding can consider any defense raised and determine whether 
administrative penalties are appropriate.

II Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the PRA. This action is believed to result in no changes to the 
information collection requirements of the February 2013 final CISWI 
rule, so that the information collection estimate of project cost and 
hour burden from the final CISWI rule have not been revised. However, 
the Office of Managment and Budget (OMB) has previously approved the 
information collection activities contained in the existing regulations 
(40 CFR part 60, subparts CCCC and DDDD) under the provisions of the 
Paperwork Reduction Act (PRA), 44 U.S.C. 3501, et seq., and EPA 
Information Collection Request (ICR) number 2384.05 for subpart CCCC, 
40 CFR part 60 and EPA ICR number 2385.05 for subpart DDDD have been 
assigned. The OMB control numbers for the EPA's regulations in 40 CFR 
are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedures Act (APA) or any other statute unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. (SISNOSE). Small entities include 
small businesses, small organizations and small governmental 
jurisdictions.
    For purposes of assessing the impacts of this action on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's regulations at 13 CFR 121.201; 
(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.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In making 
this determination, the impact of concern is any significant adverse 
economic impact on small entities. An agency may certify that a rule 
will not have a significant economic impact on a substantial number of 
small entities if the rule relieves regulatory burden, has no net 
burden or otherwise has a positive economic effect on the small 
entities subject to the rule. This proposed rule will not impose any 
new requirements on any entities because it does not impose any 
additional regulatory requirements relative to those specified in the 
February 2013 final CISWI rule. The February 2013 final CISWI rule was 
certified as not having a significant economic impact on a substantial 
number of small entities. We have therefore concluded that this action 
will have no net regulatory burden for all directly regulated small 
entities.

D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This rule proposes amendments to the February 2013 
final CISWI rule provisions, but they are mainly clarifications to 
existing rule

[[Page 3026]]

language to aid in implementation, or are being made to maintain 
consistency with other, more recent, regulatory actions. Therefore, the 
action imposes no enforceable duty on any state, local or tribal 
governments or the private sector. Therefore, this rule is not subject 
to the requirements of sections 202 or 205 of UMRA.
    This action seeks comment on specific aspects of the final rule for 
CISWI units and proposes minor changes to the rule to correct and 
clarify implementation issues raised by stakeholders.

E. Executive Order 13132: Federalism

    This action 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, (65 FR 67249; November 9, 2000). The EPA is not 
aware of any CISWI in Indian country or owned or operated by Indian 
tribal governments. The CISWI aspects of this rule may, however, invoke 
minor indirect tribal implications to the extent that entities 
generating solid wastes on tribal lands could be affected. Thus, 
Executive Order 13175 does not apply to this action.
    The EPA specifically solicits additional comment on this proposed 
action from tribal officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations because it does not affect the level of 
protection provided to human health or the environment. The proposed 
corrections do not relax the control measures on sources regulated by 
the February 2013 final CISWI rule, and, therefore, will not cause 
emissions increases from these sources. The February 2013 final CISWI 
rule will reduce emissions of all the listed toxics emitted from this 
source, thereby helping to further ensure against any 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances.

    Dated: December 1, 2014.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency proposes to amend title 40, chapter I, of the Code of 
Federal Regulations as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority:  42 U.S.C. 7401, et seq.

0
2. Part 60 is amended by revising subpart CCCC to read as follows:
Subpart CCCC--Standards of Performance for Commercial and Industrial 
Solid Waste Incineration Units
Sec.

Introduction

60.2000 What does this subpart do?
60.2005 When does this subpart become effective?

Applicability

60.2010 Does this subpart apply to my incineration unit?
60.2015 What is a new incineration unit?
60.2020 What combustion units are exempt from this subpart?
60.2030 Who implements and enforces this subpart?
60.2035 How are these new source performance standards structured?
60.2040 Do all eleven components of these new source performance 
standards apply at the same time?

Preconstruction Siting Analysis

60.2045 Who must prepare a siting analysis?
60.2050 What is a siting analysis?

Waste Management Plan

60.2055 What is a waste management plan?
60.2060 When must I submit my waste management plan?
60.2065 What should I include in my waste management plan?

Operator Training and Qualification

60.2070 What are the operator training and qualification 
requirements?
60.2075 When must the operator training course be completed?
60.2080 How do I obtain my operator qualification?
60.2085 How do I maintain my operator qualification?
60.2090 How do I renew my lapsed operator qualification?
60.2095 What site-specific documentation is required?
60.2100 What if all the qualified operators are temporarily not 
accessible?

Emission Limitations and Operating Limits

60.2105 What emission limitations must I meet and by when?
60.2110 What operating limits must I meet and by when?
60.2115 What if I do not use a wet scrubber, fabric filter, 
activated carbon injection, selective noncatalytic reduction, an 
electrostatic precipitator, or a dry scrubber to comply with the 
emission limitations?

Performance Testing

60.2125 How do I conduct the initial and annual performance test?
60.2130 How are the performance test data used?

Initial Compliance Requirements

60.2135 How do I demonstrate initial compliance with the emission 
limitations and establish the operating limits?
60.2140 By what date must I conduct the initial performance test?
60.2141 By what date must I conduct the initial air pollution 
control device inspection?

Continuous Compliance Requirements

60.2145 How do I demonstrate continuous compliance with the emission 
limitations and the operating limits?
60.2150 By what date must I conduct the annual performance test?

[[Page 3027]]

60.2151 By what date must I conduct the annual air pollution control 
device inspection?
60.2155 May I conduct performance testing less often?
60.2160 May I conduct a repeat performance test to establish new 
operating limits?

Monitoring

60.2165 What monitoring equipment must I install and what parameters 
must I monitor?
60.2170 Is there a minimum amount of monitoring data I must obtain?

Recordkeeping and Reporting

60.2175 What records must I keep?
60.2180 Where and in what format must I keep my records?
60.2185 What reports must I submit?
60.2190 What must I submit prior to commencing construction?
60.2195 What information must I submit prior to initial startup?
60.2200 What information must I submit following my initial 
performance test?
60.2205 When must I submit my annual report?
60.2210 What information must I include in my annual report?
60.2215 What else must I report if I have a deviation from the 
operating limits or the emission limitations?
60.2220 What must I include in the deviation report?
60.2225 What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?
60.2230 Are there any other notifications or reports that I must 
submit?
60.2235 In what form can I submit my reports?
60.2240 Can reporting dates be changed?

Title V Operating Permits

60.2242 Am I required to apply for and obtain a Title V operating 
permit for my unit?

Air Curtain Incinerators

60.2245 What is an air curtain incinerator?
60.2250 What are the emission limitations for air curtain 
incinerators?
60.2255 How must I monitor opacity for air curtain incinerators?
60.2260 What are the recordkeeping and reporting requirements for 
air curtain incinerators?

Definitions

60.2265 What definitions must I know?

Tables to Subpart CCCC

Table 1 to Subpart CCCC of Part 60--Emission Limitations for CISWI 
Units for Which Construction is Commenced After November 30, 1999, 
But no Later Than June 4, 2010, or for Which Modification or 
Reconstruction is Commenced on or After June 1, 2001, But no Later 
Than August 7, 2013
Table 2 to Subpart CCCC of Part 60--Operating Limits for Wet 
Scrubbers
Table 3 to Subpart CCCC of Part 60--Toxic Equivalency Factors
Table 4 to Subpart CCCC of Part 60--Summary of Reporting 
Requirements
Table 5 to Subpart CCCC of Part 60--Emission Limitations for 
Incinerators That Commenced Construction After June 4, 2010, or That 
Commenced Reconstruction or Modification After August 7, 2013
Table 6 to Subpart CCCC of Part 60--Emission Limitations for Energy 
Recovery Units That Commenced Construction After June 4, 2010, or 
That Commenced Reconstruction or Modification After August 7, 2013
Table 7 to Subpart CCCC of Part 60--Emission Limitations for Waste-
burning Kilns That Commenced Construction After June 4, 2010, or 
Reconstruction or Modification After August 7, 2013
Table 8 to Subpart CCCC of Part 60--Emission Limitations for Small, 
Remote Incinerators That Commenced Construction After June 4, 2010, 
Or That Commenced Reconstruction or Modification After August 7, 
2013

Subpart CCCC--Standards of Performance for Commercial and 
Industrial Solid Waste Incineration Units

Introduction


Sec.  60.2000  What does this subpart do?

    This subpart establishes new source performance standards for 
commercial and industrial solid waste incineration (CISWI) units.


Sec.  60.2005  When does this subpart become effective?

    This subpart takes effect on August 7, 2013. Some of the 
requirements in this subpart apply to planning the CISWI unit (i.e., 
the preconstruction requirements in Sec. Sec.  60.2045 and 60.2050). 
Other requirements such as the emission limitations and operating 
limits apply after the CISWI unit begins operation.

Applicability


Sec.  60.2010  Does this subpart apply to my incineration unit?

    Yes, if your incineration unit meets all the requirements specified 
in paragraphs (a) through (c) of this section.
    (a) Your incineration unit is a new incineration unit as defined in 
Sec.  60.2015.
    (b) Your incineration unit is a CISWI unit as defined in Sec.  
60.2265.
    (c) Your incineration unit is not exempt under Sec.  60.2020.


Sec.  60.2015   What is a new incineration unit?

    (a) A new incineration unit is an incineration unit that meets any 
of the criteria specified in paragraph (a)(1) through (a)(3) of this 
section.
    (1) A CISWI unit that commenced construction after June 4, 2010.
    (2) A CISWI unit that commenced reconstruction or modification 
after August 7, 2013.
    (3) Incinerators and air curtain incinerators, as defined in this 
subpart, that commenced construction after November 30, 1999, but no 
later than June 4, 2010, or that commenced reconstruction or 
modification on or after June 1, 2001, but no later than August 7, 
2013, are considered new incineration units and remain subject to the 
applicable requirements of this subpart until the units become subject 
to the requirements of an approved state plan or federal plan that 
implements subpart DDDD of this part (Emission Guidelines and 
Compliance Times for Commercial and Industrial Solid Waste Incineration 
Units).
    (b) This subpart does not affect your CISWI unit if you make 
physical or operational changes to your incineration unit primarily to 
comply with subpart DDDD of this part (Emission Guidelines and 
Compliance Times for Commercial and Industrial Solid Waste Incineration 
Units). Such changes do not qualify as reconstruction or modification 
under this subpart.


Sec.  60.2020  What combustion units are exempt from this subpart?

    This subpart exempts the types of units described in paragraphs 
(a), (c) through (i) and (n) of this section, but some units are 
required to provide notifications. Air curtain incinerators are exempt 
from the requirements in this subpart except for the provisions in 
Sec. Sec.  60.2242, 60.2250, and 60.2260.
    (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 Sec.  60.2265 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) [Reserved]
    (c) Municipal waste combustion units. Incineration units that are 
subject to subpart Ea of this part (Standards of Performance for 
Municipal Waste Combustors); subpart Eb of this part (Standards of 
Performance for Large Municipal Waste Combustors); subpart Cb of this 
part (Emission Guidelines and Compliance Time for Large Municipal 
Combustors); subpart AAAA of this part

[[Page 3028]]

(Standards of Performance for Small Municipal Waste Combustion Units); 
or subpart BBBB of this part (Emission Guidelines for Small Municipal 
Waste Combustion Units).
    (d) Medical waste incineration units. Incineration units regulated 
under subpart Ec of this part (Standards of Performance for Hospital/
Medical/Infectious Waste Incinerators for Which Construction is 
Commenced After June 20, 1996) or subpart Ce of this part (Emission 
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators).
    (e) Small power production facilities. Units that meet the three 
requirements specified in paragraphs (e)(1) through (4) 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 submit documentation to the Administrator notifying the EPA 
that the qualifying small power production facility is combusting 
homogenous waste.
    (4) You maintain the records specified in Sec.  60.2175(w).
    (f) Cogeneration facilities. Units that meet the three requirements 
specified in paragraphs (f)(1) through (4) 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 submit documentation to the Administrator notifying the 
Agency that the qualifying cogeneration facility is combusting 
homogenous waste.
    (4) You maintain the records specified in Sec.  60.2175(x).
    (g) Hazardous waste combustion units. Units for which you are 
required to get a permit under section 3005 of the Solid Waste Disposal 
Act.
    (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 
only the materials listed in paragraphs (i)(1) through (3) of this 
section are only required to meet the requirements under Sec.  60.2242 
and under ``Air Curtain Incinerators'' (Sec. Sec.  60.2245 through 
60.2260).
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.
    (j)-(l) [Reserved]
    (m) Sewage treatment plants. Incineration units regulated under 
subpart O of this part (Standards of Performance for Sewage Treatment 
Plants).
    (n) Sewage sludge incineration units. Incineration units combusting 
sewage sludge for the purpose of reducing the volume of the sewage 
sludge by removing combustible matter that are subject to subpart LLLL 
of this part (Standards of Performance for Sewage Sludge Incineration 
Units) or subpart MMMM of this part (Emission Guidelines for Sewage 
Sludge Incineration Units).
    (o) Other solid waste incineration units. Incineration units that 
are subject to subpart EEEE of this part (Standards of Performance for 
Other Solid Waste Incineration Units) or subpart FFFF of this part 
(Emission Guidelines and Compliance Times for Other Solid Waste 
Incineration Units).


Sec.  60.2030  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your state, local, or tribal agency. If the EPA Administrator has 
delegated authority to your state, local, or tribal agency, then that 
agency (as well as EPA) has the authority to implement and enforce this 
subpart. You should contact your EPA Regional Office to find out if 
this subpart is delegated to your state, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a state, local, or tribal agency, the authorities contained 
in paragraph (c) of this section are retained by the EPA Administrator 
and are not transferred to the state, local, or tribal agency.
    (c) The authorities that will not be delegated to state, local, or 
tribal agencies are specified in paragraphs (c)(1) through (4) and 
(c)(6) through (11) of this section.
    (1) Approval of alternatives to the emission limitations in table 1 
of this subpart and operating limits established under Sec.  60.2110.
    (2) Approval of major alternatives to test methods.
    (3) Approval of major alternatives to monitoring.
    (4) Approval of major alternatives to recordkeeping and reporting.
    (5) [Reserved]
    (6) The requirements in Sec.  60.2115.
    (7) The requirements in Sec.  60.2100(b)(2).
    (8) Approval of alternative opacity emission limits in Sec.  
60.2105 under Sec.  60.11(e)(6) through (e)(8).
    (9) Performance test and data reduction waivers under Sec.  
60.2125(j), Sec.  60.8(b)(4) and (5).
    (10) Determination of whether a qualifying small power production 
facility or cogeneration facility under Sec.  60.2020(e) or (f) is 
combusting homogenous waste.
    (11) Approval of an alternative to any electronic reporting to the 
EPA required by this subpart.


Sec.  60.2035  How are these new source performance standards 
structured?

    These new source performance standards contain the eleven major 
components listed in paragraphs (a) through (k) of this section.
    (a) Preconstruction siting analysis.
    (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.


Sec.  60.2040  Do all eleven components of these new source performance 
standards apply at the same time?

    No. You must meet the preconstruction siting analysis and waste 
management plan requirements before you commence construction of the 
CISWI unit. The operator training and qualification, emission 
limitations, operating limits, performance testing and compliance, 
monitoring, and most recordkeeping and reporting requirements are met 
after the CISWI unit begins operation.

Preconstruction Siting Analysis


Sec.  60.2045  Who must prepare a siting analysis?

    (a) You must prepare a siting analysis if you plan to commence 
construction of an incinerator after December 1, 2000.
    (b) You must prepare a siting analysis for CISWI units that 
commenced construction after June 4, 2010, or that commenced 
reconstruction or modification after August 7, 2013.
    (c) You must prepare a siting analysis if you are required to 
submit an initial application for a construction permit under 40 CFR 
part 51, subpart I, or 40 CFR part 52, as applicable, for the

[[Page 3029]]

reconstruction or modification of your CISWI unit.


Sec.  60.2050  What is a siting analysis?

    (a) The siting analysis must consider air pollution control 
alternatives that minimize, on a site-specific basis, to the maximum 
extent practicable, potential risks to public health or the 
environment. In considering such alternatives, the analysis may 
consider costs, energy impacts, nonair environmental impacts, or any 
other factors related to the practicability of the alternatives.
    (b) Analyses of your CISWI unit's impacts that are prepared to 
comply with state, local, or other federal regulatory requirements may 
be used to satisfy the requirements of this section, provided they 
include the consideration of air pollution control alternatives 
specified in paragraph (a) of this section.
    (c) You must complete and submit the siting requirements of this 
section as required under Sec.  60.2190(c) prior to commencing 
construction.

Waste Management Plan


Sec.  60.2055  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.


Sec.  60.2060  When must I submit my waste management plan?

    (a) You must submit a waste management plan prior to commencing 
construction.
    (b) For CISWI units that commence reconstruction or modification 
after August 7, 2013, you must submit a waste management plan prior to 
the commencement of modification or reconstruction.


Sec.  60.2065  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 implement those measures the source considers practical 
and feasible, considering 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


Sec.  60.2070  What are the operator training and qualification 
requirements?

    (a) No CISWI unit can be operated unless a fully trained and 
qualified CISWI unit operator is accessible, either at the facility or 
can be at the facility within 1 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 Sec.  60.2100.
    (b) Operator training and qualification must be obtained through a 
state-approved 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 eleven subjects listed in paragraphs (c)(1)(i) 
through (xi) 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 (if applicable).
    (vi) Inspection and maintenance of the incinerator and air 
pollution control devices.
    (vii) Actions to prevent and correct malfunctions or to prevent 
conditions that may lead to malfunctions.
    (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.
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.


Sec.  60.2075  When must the operator training course be completed?

    The operator training course must be completed by the later of the 
three dates specified in paragraphs (a) through (c) of this section.
    (a) Six months after your CISWI unit startup.
    (b) December 3, 2001.
    (c) The date before an employee assumes responsibility for 
operating the CISWI unit or assumes responsibility for supervising the 
operation of the CISWI unit.


Sec.  60.2080  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec.  60.2070(b).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the 
examination required under Sec.  60.2070(c)(2).


Sec.  60.2085  How do I maintain my operator qualification?

    To maintain qualification, you must complete an annual review or 
refresher course 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) Prevention and correction of malfunctions or conditions that 
may lead to malfunction.
    (e) Discussion of operating problems encountered by attendees.


Sec.  60.2090  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 Sec.  60.2085.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  60.2080(a).


Sec.  60.2095  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 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.

[[Page 3030]]

    (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 Sec. Sec.  60.2055 
through 60.2065.
    (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 incinerator operator.
    (1) The initial review of the information listed in paragraph (a) 
of this section must be conducted within 6 months after the effective 
date of this subpart or prior to an employee's assumption of 
responsibilities for operation of the CISWI unit, whichever date is 
later.
    (2) Subsequent annual reviews of the information listed in 
paragraph (a) of this section must be conducted not 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 CISWI unit operators who have 
completed review of the information in Sec.  60.2095(a) as required by 
Sec.  60.2095(b), including the date of the initial review and all 
subsequent annual reviews.
    (2) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec.  60.2070, met 
the criteria for qualification under Sec.  60.2080, and maintained or 
renewed their qualification under Sec.  60.2085 or Sec.  60.2090. 
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.
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.


Sec.  60.2100  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 Sec.  60.2095(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 Sec.  60.2210.
    (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 Sec.  
60.2070(a).
    (ii) You notify the Administrator that a qualified operator is 
accessible and that you are resuming operation.

Emission Limitations and Operating Limits


Sec.  60.2105  What emission limitations must I meet and by when?

    (a) You must meet the emission limitations for each CISWI unit, 
including bypass stack or vent, specified in table 1 of this subpart or 
tables 5 through 8 of this subpart by the applicable date in Sec.  
60.2140. You must be in compliance with the emission limitations of 
this subpart that apply to you at all times.
    (b) An incinerator or air curtain incinerator that commenced 
construction after November 30, 1999, but no later than June 4, 2010, 
or that commenced reconstruction or modification on or after June 1, 
2001 but no later than August 7, 2013, must continue to meet the 
emission limits in table 1 of this subpart for units in the incinerator 
subcategory and Sec.  60.2250 of this subpart for air curtain 
incinerators until the units become subject to the requirements of an 
approved state plan or federal plan that implements subpart DDDD of 
this part (Emission Guidelines and Compliance Times for Commercial and 
Industrial Solid Waste Incineration Units).


Sec.  60.2110  What operating limits must I meet and by when?

    (a) If you use a wet scrubber(s) to comply with the emission 
limitations, you must establish operating limits for up to 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 particulate matter 
scrubber, which is calculated as the lowest 1-hour 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 the lowest 1-hour average amperage to the wet scrubber 
measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations.
    (3) Minimum scrubber liquid flow rate, which is calculated as the 
lowest 1-hour average liquid flow rate at the inlet to the wet acid gas 
or particulate matter scrubber measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations.

[[Page 3031]]

    (4) Minimum scrubber liquor pH, which is calculated as the lowest 
1-hour average liquor pH at the inlet to the wet acid gas scrubber 
measured during the most recent performance test demonstrating 
compliance with the HCl emission limitation.
    (b) You must meet the operating limits established during the 
initial performance test 60 days after your CISWI unit reaches the 
charge rate at which it will operate, but no later than 180 days after 
its initial startup.
    (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 a 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.
    (d) If you use an electrostatic precipitator to comply with the 
emission limitations, you must measure the (secondary) voltage and 
amperage of the electrostatic precipitator collection plates during the 
particulate matter performance test. Calculate the average electric 
power value (secondary voltage x secondary current = secondary electric 
power) for each test run. The operating limit for the electrostatic 
precipitator is calculated as the lowest 1-hour average secondary 
electric power measured during the most recent performance test 
demonstrating compliance with the particulate matter emission 
limitations.
    (e) If you use activated carbon sorbent injection to comply with 
the emission limitations, you must measure the sorbent flow rate during 
the performance testing. The operating limit for the carbon sorbent 
injection is calculated as the lowest 1-hour average sorbent flow rate 
measured during the most recent performance test demonstrating 
compliance with the mercury emission limitations. For energy recovery 
units, when your unit operates at lower loads, multiply your sorbent 
injection rate by the load fraction, as defined in this subpart, to 
determine the required injection rate (e.g., for 50 percent load, 
multiply the injection rate operating limit by 0.5).
    (f) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must measure the charge rate, the secondary 
chamber temperature (if applicable to your CISWI unit), and the reagent 
flow rate during the nitrogen oxides performance testing. The operating 
limits for the selective noncatalytic reduction are calculated as the 
highest 1-hour average charge rate, lower secondary chamber 
temperature, and lowest reagent flow rate measured during the most 
recent performance test demonstrating compliance with the nitrogen 
oxides emission limitations.
    (g) If you use a dry scrubber to comply with the emission 
limitations, you must measure the injection rate of each sorbent during 
the performance testing. The operating limit for the injection rate of 
each sorbent is calculated as the lowest 1-hour average injection rate 
or each sorbent measured during the most recent performance test 
demonstrating compliance with the hydrogen chloride emission 
limitations. For energy recovery units, when your unit operates at 
lower loads, multiply your sorbent injection rate by the load fraction, 
as defined in this subpart, to determine the required injection rate 
(e.g., for 50 percent load, multiply the injection rate operating limit 
by 0.5).
    (h) If you do not use a wet scrubber, electrostatic precipitator, 
or fabric filter to comply with the emission limitations, and if you do 
not determine compliance with your particulate matter emission 
limitation with a particulate matter CEMS, you must maintain opacity to 
less than or equal to 10 percent opacity (1-hour block average).
    (i) If you use a PM CPMS to demonstrate compliance, you must 
establish your PM CPMS operating limit and determine compliance with it 
according to paragraphs (i)(1) through (5) of this section.
    (1) Determine your operating limit as the average PM CPMS output 
value recorded during the performance test or at a PM CPMS output value 
corresponding to 75 percent of the emission limit if your PM 
performance test demonstrates compliance below 75 percent of the 
emission limit. You must verify an existing or establish a new 
operating limit after each repeated performance test. You must repeat 
the performance test annually and reassess and adjust the site-specific 
operating limit in accordance with the results of the performance test.
    (i) Your PM CPMS must provide a 4-20 milliamp output, or digital 
equivalent, and the establishment of its relationship to manual 
reference method measurements must be determined in units of milliamps.
    (ii) Your PM CPMS operating range must be capable of reading PM 
concentrations from zero to a level equivalent to at least two times 
your allowable emission limit. If your PM CPMS is an auto-ranging 
instrument capable of multiple scales, the primary range of the 
instrument must be capable of reading PM concentration from zero to a 
level equivalent to two times your allowable emission limit.
    (iii) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
and average all milliamp or digital, output values from the PM CPMS for 
the periods corresponding to the compliance test runs (e.g., average 
all your PM CPMS output values for three corresponding 2-hour Method 5I 
test runs).
    (2) If the average of your three PM performance test runs are below 
75 percent of your PM emission limit, you must calculate an operating 
limit by establishing a relationship of PM CPMS signal to PM 
concentration using the PM CPMS instrument zero, the average PM CPMS 
output values corresponding to the three compliance test runs, and the 
average PM concentration from the Method 5 or performance test with the 
procedures in (i)(1)through (5) of this section.
    (i) Determine your instrument zero output with one of the following 
procedures:
    (A) Zero point data for in-situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench.
    (B) Zero point data for extractive instruments should be obtained 
by removing the extractive probe from the stack and drawing in clean 
ambient air.
    (C) The zero point can also can be established obtained by 
performing manual reference method measurements when the flue gas is 
free of PM emissions or contains very low PM concentrations (e.g., when 
your process is not operating, but the fans are operating or your 
source is combusting only natural gas) and plotting these with the 
compliance data to find the zero intercept.
    (D) If none of the steps in paragraphs (i)(2)(i)(A) through 
(i)(2)(i)(C) of this section are possible, you must use a zero output 
value provided by the manufacturer.
    (ii) Determine your PM CPMS instrument average in milliamps, or the 
digital equivalent, and the average of your corresponding three PM 
compliance test runs, using equation 1.

[[Page 3032]]

[GRAPHIC] [TIFF OMITTED] TP21JA15.008

Where:

X1 = the PM CPMS output data points for the three runs 
constituting the performance test,
Y1 = the PM concentration value for the three runs 
constituting the performance test, and
n = the number of data points.

    (iii) With your instrument zero expressed in milliamps, or the 
digital equivalent, your three run average PM CPMS milliamp value, or 
its digital equivalent, and your three run average PM concentration 
from your three compliance tests, determine a relationship of mg/dscm 
per milliamp or digital signal equivalent with equation 2.
[GRAPHIC] [TIFF OMITTED] TP21JA15.009

Where:

R = the relative mg/dscm per milliamp or digital equivalent for your 
PM CPMS,
Y1 = the three run average mg/dscm PM concentration,
X1 = the three run average milliamp or digital signal 
output from you PM CPMS, and
z = the milliamp or digital signal equivalent of your instrument 
zero determined from (2)(i).

    (iv) Determine your source specific 30-day rolling average 
operating limit using the mg/dscm per milliamp or digital value from 
equation 2 in equation 3, below. This sets your operating limit at the 
PM CPMS output value corresponding to 75 percent of your emission 
limit.
[GRAPHIC] [TIFF OMITTED] TP21JA15.010

Where:

Ol = the operating limit for your PM CPMS on a 30-day 
rolling average, in milliamps or their digital signal equivalent.
L = your source emission limit expressed in mg/dscm,
z = your instrument zero in milliamps or the digital equivalent, 
determined from (2)(i), and
R = the relative mg/dscm per milliamp or digital signal output 
equivalent for your PM CPMS, from equation 2.

    (3) If the average of your three PM compliance test runs is at or 
above 75 percent of your PM emission limit you must determine your 
operating limit by averaging the PM CPMS milliamp or digital signal 
output corresponding to your three PM performance test runs that 
demonstrate compliance with the emission limit using equation 4 and you 
must submit all compliance test and PM CPMS data according to the 
reporting requirements in paragraph (i)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TP21JA15.011

Where:

X1 = the PM CPMS data points for all runs i,
n = the number of data points, and
Oh = your site specific operating limit, in milliamps or 
digital signal equivalent.

    (4) To determine continuous compliance, you must record the PM CPMS 
output data for all periods when the process is operating and the PM 
CPMS is not out-of-control. You must demonstrate continuous compliance 
by using all quality-assured hourly average data collected by the PM 
CPMS for all operating hours to calculate the arithmetic average 
operating parameter in units of the operating limit (e.g., milliamps or 
digital signal bits, PM concentration, raw data signal) on a 30-day 
rolling average basis.
    (5) For PM performance test reports used to set a PM CPMS operating 
limit, the electronic submission of the test report must also include 
the make and model of the PM CPMS instrument, serial number of the 
instrument, analytical principle of the instrument (e.g., beta 
attenuation), span of the instruments primary analytical range, 
milliamp or digital signal value equivalent to the instrument zero 
output, technique by which this zero value was determined, and the 
average milliamp or digital signals corresponding to each PM compliance 
test run.


Sec.  60.2115  What if I do not use a wet scrubber, fabric filter, 
activated carbon injection, selective noncatalytic reduction, an 
electrostatic precipitator, or a dry scrubber to comply with the 
emission limitations?

    If you use an air pollution control device other than a wet 
scrubber, activated carbon injection, selective noncatalytic reduction, 
fabric filter, an electrostatic precipitator, or a dry scrubber or 
limit emissions in some other manner, including material balances, to 
comply with the emission limitations under Sec.  60.2105, you must 
petition the EPA Administrator for specific operating limits to be 
established during the initial performance test and continuously 
monitored thereafter. You must submit the petition at least sixty days 
before the performance test is scheduled to begin. 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

[[Page 3033]]

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.

Performance Testing


Sec.  60.2125  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 Sec.  60.2175(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 or tables 5 through 8 of 
this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TP21JA15.012

    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 (4) of this 
section.
    (1) Measure the concentration of each dioxin/furan tetra-through 
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, 
appendix A-7.
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet 
identification criteria 1 and 7. You must quantify the isomers per 
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot 
or split to reduce the number of isomers not meeting identification 
criteria 1 or 7 of Section 5.3.2.5.)
    (3) For each dioxin/furan (tetra-through octa-chlorinated) isomer 
measured in accordance with paragraph (g)(1) and (2) of this section, 
multiply the isomer concentration by its corresponding toxic 
equivalency factor specified in table 3 of this subpart.
    (4) Sum the products calculated in accordance with paragraph (g)(3) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.
    (h) Method 22 at 40 CFR part 60, appendix A-7 of this part must be 
used to determine compliance with the fugitive ash emission limit in 
table 1 of this subpart or tables 5 through 8 of this subpart.
    (i) If you have an applicable opacity operating limit, you must 
determine compliance with the opacity limit using Method 9 at 40 CFR 
part 60, appendix A-4 of this part, based on three 1-hour blocks 
consisting of ten 6-minute average opacity values, unless you are 
required to install a continuous opacity monitoring system, consistent 
with Sec. Sec.  60.2145 and 60.2165.
    (j) You must determine dioxins/furans total mass basis by following 
the procedures in paragraphs (j)(1) through (3) of this section.
    (1) Measure the concentration of each dioxin/furan tetra-through 
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, 
appendix A-7.
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet 
identification criteria 1 and 7. You must quantify the isomers per 
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot 
or split to reduce the number of isomers not meeting identification 
criteria 1 or 7 of Section 5.3.2.5.)
    (3) Sum the quantities measured in accordance with paragraphs 
(j)(1) and (2) of this section to obtain the total concentration of 
dioxins/furans emitted in terms of total mass basis.


Sec.  60.2130  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 or tables 5 through 
8 of this subpart.

Initial Compliance Requirements


Sec.  60.2135  How do I demonstrate initial compliance with the 
emission limitations and establish the operating limits?

    You must conduct a performance test, as required under Sec. Sec.  
60.2125 and 60.2105 to determine compliance with the emission 
limitations in table 1 of this subpart or tables 5 through 8 of this 
subpart, to establish compliance with any opacity operating limit in 
Sec.  60.2110, to establish the kiln-specific emission limit in Sec.  
60.2145(y), as applicable, and to establish operating limits using the 
procedures in Sec. Sec.  60.2110 or 60.2115. The performance test must 
be conducted using the test methods listed in table 1 of this subpart 
or tables 5 through 8 of this subpart and the procedures in Sec.  
60.2125. The use of the bypass stack during a performance test shall 
invalidate the performance test. You must conduct a performance 
evaluation of each continuous monitoring system within 60 days of 
installation of the monitoring system.


Sec.  60.2140  By what date must I conduct the initial performance 
test?

    (a) The initial performance test must be conducted within 60 days 
after your CISWI unit reaches the charge rate at which it will operate, 
but no later than 180 days after its initial startup.
    (b) If you commence or recommence combusting a solid waste at an 
existing combustion unit at any commercial or industrial facility, and 
you conducted a test consistent with the provisions of this subpart 
while combusting the solid waste within the 6 months preceding the 
reintroduction of that solid waste in the combustion chamber, you do 
not need to retest until 6 months from the date you reintroduce that 
solid waste.

[[Page 3034]]

    (c) If you commence or recommence combusting a solid waste at an 
existing combustion unit at any commercial or industrial facility and 
you have not conducted a performance test consistent with the 
provisions of this subpart while combusting the solid waste within the 
6 months preceding the reintroduction of that solid waste in the 
combustion chamber, you must conduct a performance test within 60 days 
from the date you reintroduce that solid waste.


Sec.  60.2141  By what date must I conduct the initial air pollution 
control device inspection?

    (a) The initial air pollution control device inspection must be 
conducted within 60 days after installation of the control device and 
the associated CISWI unit reaches the charge rate at which it will 
operate, but no later than 180 days after the device's initial startup.
    (b) Within 10 operating days following an air pollution control 
device inspection, all necessary repairs must be completed unless the 
owner or operator obtains written approval from the state agency 
establishing a date whereby all necessary repairs of the designated 
facility must be completed.

Continuous Compliance Requirements


Sec.  60.2145  How do I demonstrate continuous compliance with the 
emission limitations and the operating limits?

    (a) Compliance with standards.
    (1) The emission standards and operating requirements set forth in 
this subpart apply at all times.
    (2) If you cease combusting solid waste, you may opt to remain 
subject to the provisions of this subpart. Consistent with the 
definition of CISWI unit, you are subject to the requirements of this 
subpart at least 6 months following the last date of solid waste 
combustion. Solid waste combustion is ceased when solid waste is not in 
the combustion chamber (i.e., the solid waste feed to the combustor has 
been cut off for a period of time not less than the solid waste 
residence time).
    (3) If you cease combusting solid waste, you must be in compliance 
with any newly applicable standards on the effective date of the waste-
to-fuel switch. The effective date of the waste-to-fuel switch is a 
date selected by you, that must be at least 6 months from the date that 
you ceased combusting solid waste, consistent with Sec.  60.2145(a)(2). 
Your source must remain in compliance with this subpart until the 
effective date of the waste-to-fuel switch.
    (4) If you own or operate an existing commercial or industrial 
combustion unit that combusted a fuel or non-waste material, and you 
commence or recommence combustion of solid waste, you are subject to 
the provisions of this subpart as of the first day you introduce or 
reintroduce solid waste to the combustion chamber, and this date 
constitutes the effective date of the fuel-to-waste switch. You must 
complete all initial compliance demonstrations for any section 112 
standards that are applicable to your facility before you commence or 
recommence combustion of solid waste. You must provide 30 days prior 
notice of the effective date of the waste-to-fuel switch. The 
notification must identify:
    (i) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that will cease burning 
solid waste, and the date of the notice;
    (ii) The currently applicable subcategory under this subpart, and 
any 40 CFR part 63 subpart and subcategory that will be applicable 
after you cease combusting solid waste;
    (iii) The fuel(s), non-waste material(s) and solid waste(s) the 
CISWI unit is currently combusting and has combusted over the past 6 
months, and the fuel(s) or non-waste materials the unit will commence 
combusting;
    (iv) The date on which you became subject to the currently 
applicable emission limits;
    (v) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (a)(2) and (3)of this section.
    (5) All air pollution control equipment necessary for compliance 
with any newly applicable emissions limits which apply as a result of 
the cessation or commencement or recommencement of combusting solid 
waste must be installed and operational as of the effective date of the 
waste-to-fuel, or fuel-to-waste switch.
    (6) All monitoring systems necessary for compliance with any newly 
applicable monitoring requirements which apply as a result of the 
cessation or commencement or recommencement of combusting solid waste 
must be installed and operational as of the effective date of the 
waste-to-fuel, or fuel-to-waste switch. All calibration and drift 
checks must be performed as of the effective date of the waste-to-fuel, 
or fuel-to-waste switch. Relative accuracy tests must be performed as 
of the performance test deadline for PM CEMS (if PM CEMS are elected to 
demonstrate continuous compliance with the particulate matter emission 
limits). Relative accuracy testing for other CEMS need not be repeated 
if that testing was previously performed consistent with Clean Air Act 
section 112 monitoring requirements or monitoring requirements under 
this subpart.
    (b) You must conduct an annual performance test for the pollutants 
listed in table 1 of this subpart or tables 5 through 8 of this subpart 
and opacity for each CISWI unit as required under Sec.  60.2125. The 
annual performance test must be conducted using the test methods listed 
in table 1 of this subpart or tables 5 through 8 of this subpart and 
the procedures in Sec.  60.2125. Annual performance tests are not 
required if you use CEMS or continuous opacity monitoring systems to 
determine compliance.
    (c) You must continuously monitor the operating parameters 
specified in Sec.  60.2110 or established under Sec.  60.2115 and as 
specified in Sec.  60.2170. Use 3-hour block average values to 
determine compliance (except for baghouse leak detection system alarms) 
unless a different averaging period is established under Sec.  60.2115 
or, for energy recovery units, where the averaging time for each 
operating parameter is a 30-day rolling, calculated each hour as the 
average of the previous 720 operating hours. Operation above the 
established maximum, below the established minimum, or outside the 
allowable range of operating limits specified in paragraph (a) of this 
section constitutes a deviation from your operating limits established 
under this subpart, except during performance tests conducted to 
determine compliance with the emission and operating limits or to 
establish new operating limits. Operating limits are confirmed or 
reestablished during performance tests.
    (d) You must burn only the same types of waste and fuels used to 
establish subcategory applicability (for energy recovery units) and 
operating limits during the performance test.
    (e) For energy recovery units, incinerators, and small remote 
units, you must perform an annual visual emissions test for ash 
handling.
    (f) For energy recovery units, you must conduct an annual 
performance test for opacity (except where particulate matter CEMS or 
continuous opacity monitoring systems are used are used) and the 
pollutants listed in table 6 of this subpart.
    (g) You may elect to demonstrate continuous compliance with the 
carbon monoxide emission limit using a carbon monoxide CEMS according 
to the following requirements:
    (1) You must measure emissions according to Sec.  60.13 to 
calculate 1-hour

[[Page 3035]]

arithmetic averages, corrected to 7 percent oxygen. CEMS data during 
startup and shutdown, as defined in this subpart, are not corrected to 
7 percent oxygen, and are measured at stack oxygen content. You must 
demonstrate initial compliance with the carbon monoxide emissions limit 
using a 30-day rolling average of these 1-hour arithmetic average 
emission concentrations, including CEMS data during startup and 
shutdown as defined in this subpart, calculated using equation 19-19 in 
section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix 
A-7 of this part.
    (2) Operate the carbon monoxide CEMS in accordance with the 
requirements of performance specification 4A of appendix B of this part 
and quality assurance procedure 1 of appendix F of this part.
    (h) Coal and liquid/gas energy recovery units with average annual 
heat input rates greater than or equal to 250 MMBtu/hr may elect to 
demonstrate continuous compliance with the particulate matter emissions 
limit using a particulate matter CEMS according to the procedures in 
Sec.  60.2165(n) instead of the particulate matter continuous parameter 
monitoring system (CPMS) specified in Sec.  60.2145. Coal and liquid/
gas energy recovery units with annual average heat input rates less 
than 250 MMBtu/hr, incinerators, and small remote incinerators may also 
elect to demonstrate compliance using a particulate matter CEMS 
according to the procedures in Sec.  60.2165(n) instead of particulate 
matter testing with EPA Method 5 at 40 CFR part 60, appendix A-3 and, 
if applicable, the continuous opacity monitoring requirements in 
paragraph (i) of this section.
    (i) For energy recovery units with annual average heat input rates 
greater than or equal to 10 MMBtu/hour and less than 250 MMBtu/hr, you 
must install, operate, certify and maintain a continuous opacity 
monitoring system (COMS) according to the procedures in Sec.  60.2165.
    (j) For waste-burning kilns, you must conduct an annual performance 
test for cadmium, lead, dioxins/furans and hydrogen chloride as listed 
in table 7 of this subpart. You must determine compliance with hydrogen 
chloride using a hydrogen chloride CEMS if you do not use an acid gas 
wet scrubber or dry scrubber. You must determine compliance with 
nitrogen oxides, sulfur dioxide, and carbon monoxide using CEMS. You 
must determine compliance with particulate matter using CPMS. You must 
determine compliance with the mercury emissions limit using a mercury 
CEMS according to the following requirements:
    (1) Operate a CEMS system in accordance with performance 
specification 12A of 40 CFR part 60, appendix B or a sorbent trap based 
integrated monitor in accordance with performance specification 12B of 
40 CFR part 60, appendix B. The duration of the performance test must 
be a calendar month. For each calendar month in which the waste-burning 
kiln operates, hourly mercury concentration data, and stack gas 
volumetric flow rate data must be obtained. You must demonstrate 
compliance with the mercury emissions limit using a 30-day rolling 
average of these 1-hour mercury concentrations, including CEMS data 
during startup and shutdown as defined in this subpart, calculated 
using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 
CFR part 60, appendix A-7 of this part. CEMS data during startup and 
shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content.
    (2) Owners or operators using a mercury CEMS must install, operate, 
calibrate, and maintain an instrument for continuously measuring and 
recording the mercury mass emissions rate to the atmosphere according 
to the requirements of performance specifications 6 and 12A of 40 CFR 
part 60, appendix B, and quality assurance procedure 6 of 40 CFR part 
60, appendix F.
    (3) The owner or operator of a waste-burning kiln must demonstrate 
initial compliance by operating a mercury CEMS while the raw mill of 
the in-line kiln/raw mill is operating under normal conditions and 
including at least one period when the raw mill is off.
    (k) If you use an air pollution control device to meet the emission 
limitations in this subpart, you must conduct an initial and annual 
inspection of the air pollution control device. The inspection must 
include, at a minimum, the following:
    (1) Inspect air pollution control device(s) for proper operation.
    (2) Develop a site-specific monitoring plan according to the 
requirements in paragraph (l) of this section. This requirement also 
applies to you if you petition the EPA Administrator for alternative 
monitoring parameters under Sec.  60.13(i).
    (l) For each continuous monitoring system required in this section, 
you must develop and submit to the EPA Administrator for approval a 
site-specific monitoring plan according to the requirements of this 
paragraph (l) that addresses paragraphs (l)(1)(i) through (vi) of this 
section.
    (1) You must submit this site-specific monitoring plan at least 60 
days before your initial performance evaluation of your continuous 
monitoring system.
    (i) Installation of the continuous monitoring system sampling probe 
or other interface at a measurement location relative to each affected 
process unit such that the measurement is representative of control of 
the exhaust emissions (e.g., on or downstream of the last control 
device).
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer 
and the data collection and reduction systems.
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (iv) Ongoing operation and maintenance procedures in accordance 
with the general requirements of Sec.  60.11(d).
    (v) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  60.13.
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  60.7(b), (c), (c)(1), (c)(4), 
(d), (e), (f), and (g).
    (2) You must conduct a performance evaluation of each continuous 
monitoring system in accordance with your site-specific monitoring 
plan.
    (3) You must operate and maintain the continuous monitoring system 
in continuous operation according to the site-specific monitoring plan.
    (m) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs (l) and 
(m)(1) through (4) of this section.
    (1) Install the flow sensor and other necessary equipment in a 
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity at full scale 
of no greater than 2 percent.
    (3) Minimize the effects of swirling flow or abnormal velocity 
distributions due to upstream and downstream disturbances.
    (4) Conduct a flow monitoring system performance evaluation in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than annually.
    (n) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in 
paragraphs (l) and (n)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., PM scrubber pressure 
drop).

[[Page 3036]]

    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the 
pressure monitoring system operating range, whichever is less.
    (4) Perform checks at the frequency outlined in your site-specific 
monitoring plan to ensure pressure measurements are not obstructed 
(e.g., check for pressure tap plugging daily).
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in your monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (o) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (l) and (o)(1) 
through (4) of this section.
    (1) Install the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Conduct a performance evaluation of the pH monitoring system in 
accordance with your monitoring plan at least once each process 
operating day.
    (4) Conduct a performance evaluation (including a two-point 
calibration with one of the two buffer solutions having a pH within 1 
of the pH of the operating limit) of the pH monitoring system in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than quarterly.
    (p) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator, you 
must meet the requirements in paragraphs (l) and (p)(1) through (2) of 
this section.
    (1) Install sensors to measure (secondary) voltage and current to 
the precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time 
of each performance test but no less frequently than annually.
    (q) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (l) and (q)(1) and (2) of this section.
    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time 
of each performance test but no less frequently than annually.
    (r) If you elect to use a fabric filter bag leak detection system 
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 (l) and (r)(1) through (5) of this 
section.
    (1) Install a bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment (e.g., for a 
positive pressure fabric filter) of the fabric filter.
    (2) Use a bag leak detection system certified by the manufacturer 
to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (3) Conduct a performance evaluation of the bag leak detection 
system in accordance with your monitoring plan and consistent with the 
guidance provided in EPA-454/R-98-015 (incorporated by reference, see 
Sec.  60.17).
    (4) Use a bag leak detection system equipped with a device to 
continuously record the output signal from the sensor.
    (5) Use a bag leak detection system equipped with a system that 
will sound an alarm when an increase in relative particulate matter 
emissions over a preset level is detected. The alarm must be located 
where it is observed readily by plant operating personnel.
    (s) For facilities using a CEMS to demonstrate compliance with the 
sulfur dioxide emission limit, compliance with the sulfur dioxide 
emission limit may be demonstrated by using the CEMS specified in Sec.  
60.2165 to measure sulfur dioxide. CEMS data during startup and 
shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content. You must calculate a 
30-day rolling average of the 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown as 
defined in this subpart, calculated using equation 19-19 in section 
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, Appendix A-7 of 
this part. The sulfur dioxide CEMS must be operated according to 
performance specification 2 in appendix B of this part and must follow 
the procedures and methods specified in this paragraph(s). For sources 
that have actual inlet emissions less than 100 parts per million dry 
volume, the relative accuracy criterion for inlet sulfur dioxide CEMS 
should be no greater than 20 percent of the mean value of the reference 
method test data in terms of the units of the emission standard, or 5 
parts per million dry volume absolute value of the mean difference 
between the reference method and the CEMS, whichever is greater.
    (1) During each relative accuracy test run of the CEMS required by 
performance specification 2 in appendix B of this part, collect sulfur 
dioxide and oxygen (or carbon dioxide) data concurrently (or within a 
30- to 60-minute period) with both the CEMS and the test methods 
specified in paragraphs (s)(1)(i) and (ii) of this section.
    (i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an 
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see 
Sec.  60.17) must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by 
reference, see Sec.  60.17), must be used.
    (2) The span value of the CEMS at the inlet to the sulfur dioxide 
control device must be 125 percent of the maximum estimated hourly 
potential sulfur dioxide emissions of the unit subject to this rule. 
The span value of the CEMS at the outlet of the sulfur dioxide control 
device must be 50 percent of the maximum estimated hourly potential 
sulfur dioxide emissions of the unit subject to this rule.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (t) For facilities using a CEMS to demonstrate continuous 
compliance with the nitrogen oxides emission limit, compliance with the 
nitrogen oxides emission limit may be demonstrated by using the CEMS 
specified in Sec.  60.2165 to measure nitrogen oxides. CEMS data during 
startup and shutdown, as defined in this subpart, are not corrected to 
7 percent oxygen, and are measured at stack oxygen content. You must 
calculate a 30-day rolling average of the 1-hour arithmetic average 
emission concentrations, including

[[Page 3037]]

CEMS data during startup and shutdown as defined in this subpart, using 
equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR 
part 60, appendix A-7 of this part. The nitrogen oxides CEMS must be 
operated according to performance specification 2 in appendix B of this 
part and must follow the procedures and methods specified in paragraphs 
(t)(1) through (5) of this section.
    (1) During each relative accuracy test run of the CEMS required by 
performance specification 2 of appendix B of this part, collect 
nitrogen oxides and oxygen (or carbon dioxide) data concurrently (or 
within a 30- to 60-minute period) with both the CEMS and the test 
methods specified in paragraphs (t)(1)(i) and (ii) of this section.
    (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR 
part 60, appendix A-4 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B 
at 40 CFR part 60, appendix A-3, or as an alternative ANSI/ASME PTC 19-
10.1981 (incorporated by reference, see Sec.  60.17), as applicable, 
must be used.
    (2) The span value of the continuous emission monitoring system 
must be 125 percent of the maximum estimated hourly potential nitrogen 
oxide emissions of the unit.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (4) The owner or operator of an affected facility may request that 
compliance with the nitrogen oxides emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. If carbon dioxide is selected for use in diluent corrections, 
the relationship between oxygen and carbon dioxide levels must be 
established during the initial performance test according to the 
procedures and methods specified in paragraphs (t)(4)(i) through 
(t)(4)(iv) of this section. This relationship may be re-established 
during performance compliance tests.
    (i) The fuel factor equation in Method 3B must be used to determine 
the relationship between oxygen and carbon dioxide at a sampling 
location. Method 3A or 3B, or as an alternative ANSI/ASME PTC 19.10-
1981 (incorporated by reference, see Sec.  60.17), as applicable, must 
be used to determine the oxygen concentration at the same location as 
the carbon dioxide monitor.
    (ii) Samples must be taken for at least 30 minutes in each hour.
    (iii) Each sample must represent a 1-hour average.
    (iv) A minimum of three runs must be performed.
    (u) For facilities using a CEMS to demonstrate continuous 
compliance with any of the emission limits of this subpart, you must 
complete the following:
    (1) Demonstrate compliance with the appropriate emission limit(s) 
using a 30-day rolling average of 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown as 
defined in this subpart, calculated using equation 19-19 in section 
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7 of 
this part. CEMS data during startup and shutdown, as defined in the 
subpart, are not corrected to 7 percent oxygen, and are measured at 
stack oxygen content.
    (2) Operate all CEMS in accordance with the applicable procedures 
under appendices B and F of this part.
    (v) Use of the bypass stack at any time is an emissions standards 
deviation for particulate matter, HCl, Pb, Cd, Hg, NOX, 
SO2, and dioxin/furans.
    (w) For energy recovery units with a design heat input capacity of 
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, 
you must install, operate, and maintain a oxygen analyzer system as 
defined in Sec.  60.2265 according to the procedures in paragraphs 
(w)(1) through (4) of this section.
    (1) The oxygen analyzer system must be installed by the initial 
performance test date specified in Sec.  60.2140.
    (2) You must operate the oxygen trim system within compliance with 
paragraph (w)(3) of this section at all times.
    (3) You must maintain the oxygen level such that the 30-day rolling 
average that is established as the operating limit for oxygen is not 
below the lowest hourly average oxygen concentration measured during 
the most recent CO performance test.
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7 of this part.
    (x) For energy recovery units with annual average heat input rates 
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you 
must install, calibrate, maintain, and operate a PM CPMS and record the 
output of the system as specified in paragraphs (x)(1) through (x)(8) 
of this section. For other energy recovery units, you may elect to use 
PM CPMS operated in accordance with this section. PM CPMS are suitable 
in lieu of using other CMS for monitoring PM compliance (e.g., bag leak 
detectors, ESP secondary power, PM scrubber pressure).
    (1) Install, calibrate, operate, and maintain your PM CPMS 
according to the procedures in your approved site-specific monitoring 
plan developed in accordance with paragraphs (l) and (x)(1)(i) through 
(x)(1)(iii) of this section.
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta 
attenuation, or mass accumulation detection of the exhaust gas or 
representative sample. The reportable measurement output from the PM 
CPMS must be expressed as milliamps.
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes.
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations increments no greater than 0.5 mg/
actual cubic meter.
    (2) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, you 
must adjust the site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  60.2110.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit or waste-burning kiln operating hours. Express the PM 
CPMS output as milliamps.
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning kiln operating hours data (milliamps or their digital 
equivalent).
    (5) You must collect data using the PM CPMS at all times the energy 
recovery unit or waste-burning kiln is operating and at the intervals 
specified in paragraph (x)(1)(ii) of this section, except for periods 
of monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration 
checks and required zero and span adjustments), and any scheduled 
maintenance as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning kiln operating hours in assessing the compliance 
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system

[[Page 3038]]

malfunctions, or required monitoring system quality assurance or 
quality control activities conducted during monitoring system 
malfunctions are not used in calculations (report any such periods in 
your annual deviation report);
    (ii) Any data collected during periods when the monitoring system 
is out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods are not used 
in calculations (report emissions or operating levels and report any 
such periods in your annual deviation report);
    (iii) Any PM CPMS data recorded during periods of CEMS data during 
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM 
CPMS system performance audits, as well as the dates and duration of 
periods from when the PM CPMS is out of control until completion of the 
corrective actions necessary to return the PM CPMS to operation 
consistent with your site-specific monitoring plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average 
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air 
pollution control device;
    (ii) If inspection of the air pollution control device identifies 
the cause of the deviation, take corrective action as soon as possible 
and return the PM CPMS measurement to within the established value; and
    (iii) Within 30 days of the deviation or at the time of the annual 
compliance test, whichever comes first, conduct a PM emissions 
compliance test to determine compliance with the PM emissions limit and 
to verify. Within 45 days of the deviation, you must re-establish the 
CPMS operating limit. You are not required to conduct additional 
testing for any deviations that occur between the time of the original 
deviation and the PM emissions compliance test required under this 
paragraph.
    (iv) PM CPMS deviations leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a violation of this subpart.
    (y) When there is an alkali bypass and/or an in-line coal mill that 
exhaust emissions through a separate stack(s), the combined emissions 
are subject to the emission limits applicable to waste-burning kilns. 
To determine the kiln-specific emission limit for demonstrating 
compliance, you must:
    (1) Calculate a kiln-specific emission limit using equation 6:
    [GRAPHIC] [TIFF OMITTED] TP21JA15.013
    

Where:

    Cks = Kiln stack concentration (ppmvd, mg/dscm, ng/
dscm, depending on pollutant. Each corrected to 7% O2.)
    Qab = Alkali bypass flow rate (volume/hr)
    Cab = Alkali bypass concentration (ppmvd, mg/dscm, 
ng/dscm, depending on pollutant. Each corrected to 7% 
O2.)
    Qcm = In-line coal mill flow rate (volume/hr)
    Ccm = In-line coal mill concentration (ppmvd, mg/
dscm, ng/dscm, depending on pollutant. Each corrected to 7% 
O2.)
    Qks = Kiln stack flow rate (volume/hr)
    (2) Particulate matter concentration must be measured downstream of 
the in-line coal mill. All other pollutant concentrations must be 
measured either upstream or downstream of the in-line coal mill.


Sec.  60.2150  By what date must I conduct the annual performance test?

    You must conduct annual performance tests between 11 and 13 months 
of the previous performance test.


Sec.  60.2151  By what date must I conduct the annual air pollution 
control device inspection?

    On an annual basis (no more than 12 months following the previous 
annual air pollution control device inspection), you must complete the 
air pollution control device inspection as described in Sec.  60.2141.


Sec.  60.2155  May I conduct performance testing less often?

    (a) You must conduct annual performance tests according to the 
schedule specified in Sec.  60.2150, with the following exceptions:
    (1) You may conduct a repeat performance test at any time to 
establish new values for the operating limits to apply from that point 
forward, as specified in Sec.  60.2160. The Administrator may request a 
repeat performance test at any time.
    (2) You must repeat the performance test within 60 days of a 
process change, as defined in Sec.  60.2265.
    (3) If the initial or any subsequent performance test for any 
pollutant in table 1 or tables 5 through 8 of this subpart, as 
applicable, demonstrates that the emission level for the pollutant is 
no greater than the emission level specified in paragraph (a)(3)(i) or 
(a)(3)(ii) of this section, as applicable, and you are not required to 
conduct a performance test for the pollutant in response to a request 
by the Administrator in paragraph (a)(1) of this section or a process 
change in paragraph (a)(2) of this section, you may elect to skip 
conducting a performance test for the pollutant for the next 2 years. 
You must conduct a performance test for the pollutant during the third 
year and no more than 37 months following the previous performance test 
for the pollutant. For cadmium and lead, both cadmium and lead must be 
emitted at emission levels no greater than their respective emission 
levels specified in paragraph (a)(3)(i) of this section for you to 
qualify for less frequent testing under this paragraph.
    (i) For particulate matter, hydrogen chloride, mercury, nitrogen 
oxides, sulfur dioxide, cadmium, lead and dioxins/furans, the emission 
level equal to 75 percent of the applicable emission limit in table 1 
or tables 5 through 8 of this subpart, as applicable, to this subpart.
    (ii) For fugitive emissions, visible emissions (of combustion ash 
from the ash conveying system) for 2 percent of the time during each of 
the three 1-hour observations periods.
    (4) If you are conducting less frequent testing for a pollutant as 
provided in paragraph (a)(3) of this section and a subsequent 
performance test for the pollutant indicates that your CISWI unit does 
not meet the emission level specified in paragraph (a)(3)(i) or 
(a)(3)(ii) of this section, as applicable, you must conduct annual 
performance tests for the pollutant according to the schedule specified 
in paragraph (a) of this section until you qualify for less frequent 
testing for the pollutant as specified in paragraph (a)(3) of this 
section.
    (b) [Reserved]

[[Page 3039]]

Sec.  60.2160  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


Sec.  60.2165  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 Sec.  60.2105, 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 Sec.  
60.2170(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 alert automatically an operator when an increase in 
relative particulate matter emissions over a preset level is detected. 
The alarm must be located where it is observed easily 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, activated 
carbon, selective non-catalytic reduction, an electrostatic 
precipitator, or a dry scrubber to comply with the emission limitations 
under Sec.  60.2105, 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 Sec.  60.2115.
    (d) If you use activated carbon injection to comply with the 
emission limitations in this subpart, you must measure the minimum 
mercury sorbent flow rate once per hour.
    (e) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must complete the following:
    (1) Following the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.2125, whichever 
date comes first, ensure that the affected facility does not operate 
above the maximum charge rate, or below the minimum secondary chamber 
temperature (if applicable to your CISWI unit) or the minimum reagent 
flow rate measured as 3-hour block averages at all times.
    (2) Operation of the affected facility above the maximum charge 
rate, below the minimum secondary chamber temperature and below the 
minimum reagent flow rate simultaneously constitute a violation of the 
nitrogen oxides emissions limit.
    (f) If you use an electrostatic precipitator to comply with the 
emission limits of this subpart, you must monitor the secondary power 
to the electrostatic precipitator collection plates and maintain the 3-
hour block averages at or above the operating limits established during 
the mercury or particulate matter performance test.
    (g) For waste-burning kilns not equipped with a wet scrubber or dry 
scrubber, in place of hydrogen chloride testing with EPA Method 321 at 
40 CFR part 63, appendix A, an owner or operator must install, 
calibrate, maintain, and operate a CEMS for monitoring hydrogen 
chloride emissions discharged to the atmosphere and record the output 
of the system. To demonstrate continuous compliance with the hydrogen 
chloride emissions limit for units other than waste-burning kilns not 
equipped with a wet scrubber or dry scrubber, a facility may substitute 
use of a hydrogen chloride CEMS for conducting the hydrogen chloride 
annual performance test, monitoring the minimum hydrogen chloride 
sorbent flow rate, monitoring the minimum scrubber liquor pH, and 
monitoring minimum injection rate.
    (h) To demonstrate continuous compliance with the particulate 
matter emissions limit, a facility may substitute use of a particulate 
matter CEMS for conducting the PM annual performance test and using 
other CMS for monitoring PM compliance (e.g., bag leak detectors, ESP 
secondary power, PM scrubber pressure).
    (i) To demonstrate continuous compliance with the dioxin/furan 
emissions limit, a facility may substitute use of a continuous 
automated sampling system for the dioxin/furan annual performance test. 
You must record the output of the system and analyze the sample 
according to EPA Method 23 at 40 CFR part 60, appendix A-7 of this 
part. This option to use a continuous automated sampling system takes 
effect on the date a final performance specification applicable to 
dioxin/furan from continuous monitors is published in the Federal 
Register. The owner or operator who elects to continuously sample 
dioxin/furan emissions instead of sampling and testing using EPA Method 
23 at 40 CFR part 60, appendix A-7 must install, calibrate, maintain, 
and operate a continuous automated sampling system and must comply with 
the requirements specified in Sec.  60.58b(p) and (q). A facility may 
substitute continuous dioxin/furan monitoring for the minimum sorbent 
flow rate, if activated carbon sorbent injection is used solely for 
compliance with the dioxin/furan emission limit.
    (j) To demonstrate continuous compliance with the mercury emissions 
limit, a facility may substitute use of a continuous automated sampling 
system for the mercury annual performance test. You must record the 
output of the system and analyze the sample at set intervals using any 
suitable determinative technique that can meet performance 
specification 12B. The owner or operator who elects to continuously 
sample mercury emissions instead of sampling and testing using EPA 
Reference Method 29 or 30B at 40 CFR part 60, appendix A-8 of this 
part, ASTM D6784-02 (Reapproved 2008) (incorporated by reference, see 
Sec.  60.17), or an approved alternative method for measuring mercury 
emissions, must

[[Page 3040]]

install, calibrate, maintain, and operate a continuous automated 
sampling system and must comply with performance specification 12A and 
quality assurance procedure 5, as well as the requirements specified in 
Sec.  60.58b(p) and (q). A facility may substitute continuous mercury 
monitoring for the minimum sorbent flow rate, if activated carbon 
sorbent injection is used solely for compliance with the mercury 
emission limit.
    (k) To demonstrate continuous compliance with the nitrogen oxides 
emissions limit, a facility may substitute use of a CEMS for the 
nitrogen oxides annual performance test to demonstrate compliance with 
the nitrogen oxides emissions limits and monitoring the charge rate, 
secondary chamber temperature, and reagent flow for selective 
noncatalytic reduction, if applicable.
    (1) Install, calibrate, maintain, and operate a CEMS for measuring 
nitrogen oxides emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
2 of appendix B of this part, the quality assurance procedure one of 
appendix F of this part and the procedures under Sec.  60.13 must be 
followed for installation, evaluation, and operation of the CEMS.
    (2) Following the date that the initial performance test for 
nitrogen oxides is completed or is required to be completed under Sec.  
60.2125, compliance with the emission limit for nitrogen oxides 
required under Sec.  60.52b(d) must be determined based on the 30-day 
rolling average of the hourly emission concentrations using CEMS outlet 
data. The 1-hour arithmetic averages must be expressed in parts per 
million by volume corrected to 7 percent oxygen (dry basis) and used to 
calculate the 30-day rolling average concentrations. CEMS data during 
startup and shutdown, as defined in this subpart, are not corrected to 
7 percent oxygen, and are measured at stack oxygen content. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec.  60.13(e)(2).
    (l) To demonstrate continuous compliance with the sulfur dioxide 
emissions limit, a facility may substitute use of a continuous 
automated sampling system for the sulfur dioxide annual performance 
test to demonstrate compliance with the sulfur dioxide emissions 
limits.
    (1) Install, calibrate, maintain, and operate a CEMS for measuring 
sulfur dioxide emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
2 of appendix B of this part, the quality assurance requirements of 
procedure one of appendix F of this part and procedures under Sec.  
60.13 must be followed for installation, evaluation, and operation of 
the CEMS.
    (2) Following the date that the initial performance test for sulfur 
dioxide is completed or is required to be completed under Sec.  
60.2125, compliance with the sulfur dioxide emission limit may be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations using CEMS outlet data. The 1-hour 
arithmetic averages must be expressed in parts per million corrected to 
7 percent oxygen (dry basis) and used to calculate the 30-day rolling 
average emission concentrations. CEMS data during startup and shutdown, 
as defined in this subpart, are not corrected to 7 percent oxygen, and 
are measured at stack oxygen content. The 1-hour arithmetic averages 
must be calculated using the data points required under Sec.  
60.13(e)(2).
    (m) For energy recovery units over 10 MMBtu/hr but less than 250 
MMBtu/hr annual average heat input rates that do not use a wet 
scrubber, fabric filter with bag leak detection system, or particulate 
matter CEMS, you must install, operate, certify, and maintain a 
continuous opacity monitoring system according to the procedures in 
paragraphs (m)(1) through (5) of this section by the compliance date 
specified in Sec.  60.2105. Energy recovery units that use a CEMS to 
demonstrate initial and continuing compliance according to the 
procedures in Sec.  60.2165(n) are not required to install a continuous 
opacity monitoring system and must perform the annual performance tests 
for the opacity consistent with Sec.  60.2145(f).
    (1) Install, operate, and maintain each continuous opacity 
monitoring system according to performance specification 1 of 40 CFR 
part 60, appendix B.
    (2) Conduct a performance evaluation of each continuous opacity 
monitoring system according to the requirements in Sec.  60.13 and 
according to PS-1 of 40 CFR part 60, appendix B.
    (3) As specified in Sec.  60.13(e)(1), each continuous opacity 
monitoring system must complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period.
    (4) Reduce the continuous opacity monitoring system data as 
specified in Sec.  60.13(h)(1).
    (5) Determine and record all the 6-minute averages (and 1-hour 
block averages as applicable) collected.
    (n) For coal and liquid/gas energy recovery units, incinerators, 
and small remote incinerators, an owner or operator may elect to 
install, calibrate, maintain, and operate a CEMS for monitoring 
particulate matter emissions discharged to the atmosphere and record 
the output of the system. The owner or operator of an affected facility 
who continuously monitors particulate matter emissions instead of 
conducting performance testing using EPA Method 5 at 40 CFR part 60, 
appendix A-3 or, as applicable, monitor with a particulate matter CPMS 
according to paragraph (r) of this section, must install, calibrate, 
maintain, and operate a CEMS and must comply with the requirements 
specified in paragraphs (n)(1) through (13) of this section.
    (1) Notify the Administrator 1 month before starting use of the 
system.
    (2) Notify the Administrator 1 month before stopping use of the 
system.
    (3) The monitor must be installed, evaluated, and operated in 
accordance with the requirements of performance specification 11 of 
appendix B of this part and quality assurance requirements of procedure 
two of appendix F of this part and Sec.  60.13. Use Method 5 or Method 
5I of Appendix A of this part for the PM CEMS correlation testing.
    (4) The initial performance evaluation must be completed no later 
than 180 days after the date of initial startup of the affected 
facility, as specified under Sec.  60.2125 or within 180 days of 
notification to the Administrator of use of the continuous monitoring 
system if the owner or operator was previously determining compliance 
by Method 5 performance tests, whichever is later.
    (5) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility must be established according to the 
procedures and methods specified in Sec.  60.2145(s)(5)(i) through 
(s)(5)(iv).
    (6) The owner or operator of an affected facility must conduct an 
initial performance test for particulate matter emissions as required 
under Sec.  60.2125. Compliance with the particulate matter emission 
limit, if PM CEMS are elected for demonstrating compliance, must be 
determined by using the CEMS specified in this paragraph (n) to measure 
particulate matter. You must calculate a 30-day rolling average of 1-
hour arithmetic average emission concentrations, including CEMS data 
during startup and shutdown, as defined in this subpart, using equation 
19-19 in section 12.4.1 of EPA

[[Page 3041]]

Reference Method 19 at 40 CFR part 60, appendix A-7.
    (7) Compliance with the particulate matter emission limit must be 
determined based on the 30-day rolling average calculated using 
equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR 
part 60, appendix A-7 from the 1-hour arithmetic average CEMS outlet 
data.
    (8) At a minimum, valid continuous monitoring system hourly 
averages must be obtained as specified in Sec.  60.2170(e).
    (9) The 1-hour arithmetic averages required under paragraph (n)(7) 
of this section must be expressed in milligrams per dry standard cubic 
meter corrected to 7 percent oxygen (dry basis) and must be used to 
calculate the 30-day rolling average emission concentrations. CEMS data 
during startup and shutdown, as defined in this subpart, are not 
corrected to 7 percent oxygen, and are measured at stack oxygen 
content. The 1-hour arithmetic averages must be calculated using the 
data points required under Sec.  60.13(e)(2).
    (10) All valid CEMS data must be used in calculating average 
emission concentrations even if the minimum CEMS data requirements of 
paragraph (n)(8) of this section are not met.
    (11) The CEMS must be operated according to performance 
specification 11 in appendix B of this part.
    (12) During each relative accuracy test run of the CEMS required by 
performance specification 11 in appendix B of this part, particulate 
matter and oxygen (or carbon dioxide) data must be collected 
concurrently (or within a 30- to 60-minute period) by both the CEMS and 
the following test methods.
    (i) For particulate matter, EPA Reference Method 5 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
as applicable, must be used.
    (13) Quarterly accuracy determinations and daily calibration drift 
tests must be performed in accordance with procedure 2 in appendix F of 
this part.
    (o) To demonstrate continuous compliance with the carbon monoxide 
emissions limit, you may substitute use of a continuous automated 
sampling system for the carbon monoxide annual performance test.
    (1) Install, calibrate, maintain, and operate a CEMS for measuring 
carbon monoxide emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
4B of appendix B of this part, the quality assurance procedure 1 of 
appendix F of this part and the procedures under Sec.  60.13 must be 
followed for installation, evaluation, and operation of the CEMS.
    (2) Following the date that the initial performance test for carbon 
monoxide is completed or is required to be completed under Sec.  
60.2140, compliance with the carbon monoxide emission limit may be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations, including CEMS data during startup and 
shutdown as defined in this subpart, using CEMS outlet data. Except for 
CEMS data during startup and shutdown, as defined in this subpart, the 
1-hour arithmetic averages must be expressed in parts per million 
corrected to 7 percent oxygen (dry basis) and used to calculate the 30-
day rolling average emission concentrations. CEMS data during startup 
and shutdown, as defined in this subpart, are not corrected to 7 
percent oxygen, and are measured at stack oxygen content. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec.  60.13(e)(2).
    (p) The owner/operator of an affected source with a bypass stack 
shall install, calibrate (to manufacturers' specifications), maintain, 
and operate a device or method for measuring the use of the bypass 
stack including date, time and duration.
    (q) For energy recovery units with a design heat input capacity of 
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, 
you must install, operate, and maintain a oxygen analyzer system as 
defined in Sec.  60.2265 according to the procedures in paragraphs 
(q)(1) through (q)(4) of this section.
    (1) The oxygen analyzer system must be installed by the initial 
performance test date specified in Sec.  60.2140.
    (2) You must operate the oxygen trim system within compliance with 
paragraph (q)(3) of this section at all times.
    (3) You must maintain the oxygen level such that the 30-day rolling 
average that is established as the operating limit for oxygen according 
to paragraph (q)(4) of this section is not below the lowest hourly 
average oxygen concentration measured during the most recent CO 
performance test.
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7 of this part.
    (r) For energy recovery units with annual average heat input rates 
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you 
must install, calibrate, maintain, and operate a PM CPMS and record the 
output of the system as specified in paragraphs (r)(1) through (8) of 
this section. If you elect to use a particulate matter CEMS as 
specified in paragraph (n) of this section, you are not required to use 
a PM CPMS to monitor particulate matter emissions. For other energy 
recovery units, you may elect to use PM CPMS operated in accordance 
with this section. PM CPMS are suitable in lieu of using other CMS for 
monitoring PM compliance (e.g., bag leak detectors, ESP secondary 
power, PM scrubber pressure).
    (1) Install, calibrate, operate, and maintain your PM CPMS 
according to the procedures in your approved site-specific monitoring 
plan developed in accordance with Sec.  60.2145(l) and (r)(1)(i) 
through (iii) of this section.
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta 
attenuation, or mass accumulation detection of PM in the exhaust gas or 
representative sample. The reportable measurement output from the PM 
CPMS must be expressed as milliamps or a digital signal equivalent.
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes.
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentration increments no greater than 0.5 mg/
actual cubic meter.
    (2) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, you 
must adjust the site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  60.2110.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit or waste-burning kiln operating hours. Express the PM 
CPMS output as milliamps or the digital signal equivalent.
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning kiln operating hours data (milliamps or digital bits).
    (5) You must collect data using the PM CPMS at all times the energy 
recovery unit or waste-burning kiln is operating and at the intervals 
specified in paragraph (r)(1)(ii) of this section, except for periods 
of monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, required monitoring system quality

[[Page 3042]]

assurance or quality control activities (including, as applicable, 
calibration checks and required zero and span adjustments), and any 
scheduled maintenance as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning kiln operating hours in assessing the compliance 
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or quality control activities 
conducted during monitoring system malfunctions are not used in 
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system 
is out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods are not used 
in calculations (report emissions or operating levels and report any 
such periods in your annual deviation report);
    (iii) Any PM CPMS data recorded during periods of CEMS data during 
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM 
CPMS system performance audits, as well as the dates and duration of 
periods from when the PM CPMS is out of control until completion of the 
corrective actions necessary to return the PM CPMS to operation 
consistent with your site-specific monitoring plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average 
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air 
pollution control device;
    (ii) If inspection of the air pollution control device identifies 
the cause of the deviation, take corrective action as soon as possible 
and return the PM CPMS measurement to within the established value; and
    (iii) Within 30 days of the deviation or at the time of the annual 
compliance test, whichever comes first, conduct a PM emissions 
compliance test to determine compliance with the PM emissions limit and 
to verify the operation of the control device(s). Within 45 days of the 
deviation, you must re-establish the CPMS operating limit. You are not 
required to conduct additional testing for any deviations that occur 
between the time of the original deviation and the PM emissions 
compliance test required under this paragraph.
    (iv) PM CPMS deviations leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a violation of this subpart.
    (s) If you use a dry scrubber to comply with the emission limits of 
this subpart, you must monitor the injection rate of each sorbent and 
maintain the 3-hour block averages at or above the operating limits 
established during the hydrogen chloride performance test.


Sec.  60.2170  Is there a minimum amount of monitoring data I must 
obtain?

    For each continuous monitoring system required or optionally 
allowed under Sec.  60.2165, you must collect data according to this 
section:
    (a) You must operate the monitoring system and collect data at all 
required intervals at all times compliance is required except for 
periods of monitoring system malfunctions or out-of-control periods, 
repairs associated with monitoring system malfunctions or out-of-
control periods (as specified in 60.2210(o) of this part), and required 
monitoring system quality assurance or quality control activities 
(including, as applicable, calibration checks and required zero and 
span adjustments). A monitoring system malfunction is any sudden, 
infrequent, not reasonably preventable failure of the monitoring system 
to provide valid data. Monitoring system failures that are caused in 
part by poor maintenance or careless operation are not malfunctions. 
You are required to effect monitoring system repairs in response to 
monitoring system malfunctions or out-of-control periods and to return 
the monitoring system to operation as expeditiously as practicable.
    (b) You may not use data recorded during monitoring system 
malfunctions or out-of-control periods, repairs associated with 
monitoring system malfunctions or out-of-control periods, or required 
monitoring system quality assurance or control activities in 
calculations used to report emissions or operating levels. You must use 
all the data collected during all other periods, including data 
normalized for above scale readings, in assessing the operation of the 
control device and associated control system.
    (c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions 
or out-of-control periods, and required monitoring system quality 
assurance or quality control activities including, as applicable, 
calibration checks and required zero and span adjustments, failure to 
collect required data is a deviation of the monitoring requirements.

Recordkeeping and Reporting


Sec.  60.2175  What records must I keep?

    You must maintain the items (as applicable) as specified in 
paragraphs (a), (b), and (e) through (x) 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 Sec.  60.2110(d) through (g) or 
Sec.  60.2115, you must maintain data collected for all operating 
parameters used to determine compliance with the operating limits. For 
energy recovery units using activated carbon injection or a dry 
scrubber, you must also maintain records of the load fraction and 
corresponding sorbent injection rate records.
    (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 operating time during each 6-month 
period that the alarm sounds, calculated as specified in Sec.  
60.2110(c).
    (c)-(d) [Reserved]
    (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 Sec.  
60.2110(d) through (g) or Sec.  60.2115 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

[[Page 3043]]

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) All documentation produced as a result of the siting 
requirements of Sec. Sec.  60.2045 and 60.2050.
    (h) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec.  60.2095(a) as required by 
Sec.  60.2095(b), including the date of the initial review and all 
subsequent annual reviews.
    (i) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec.  60.2070, met 
the criteria for qualification under Sec.  60.2080, and maintained or 
renewed their qualification under Sec.  60.2085 or Sec.  60.2090. 
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.
    (j) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (k) Records of calibration of any monitoring devices as required 
under Sec.  60.2165.
    (l) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (m) The information listed in Sec.  60.2095(a).
    (n) On a daily basis, keep a log of the quantity of waste burned 
and the types of waste burned (always required).
    (o) Maintain records of the annual air pollution control device 
inspections that are required for each CISWI unit subject to the 
emissions limits in table 1 of this subpart or tables 5 through 8 of 
this subpart, any required maintenance, and any repairs not completed 
within 10 days of an inspection or the timeframe established by the 
state regulatory agency.
    (p) For continuously monitored pollutants or parameters, you must 
document and keep a record of the following parameters measured using 
continuous monitoring systems.
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
    (3) All 1-hour average concentrations of nitrogen oxides emissions.
    (4) All 1-hour average concentrations of carbon monoxide emissions. 
You must indicate which data are CEMS data during startup and shutdown.
    (5) All 1-hour average concentrations of particulate matter 
emissions.
    (6) All 1-hour average concentrations of mercury emissions.
    (7) All 1-hour average concentrations of hydrogen chloride 
emissions.
    (8) All 1-hour average percent oxygen concentrations.
    (9) All 1-hour average PM CPMS readings or particulate matter CEMS 
outputs.
    (q) Records indicating use of the bypass stack, including dates, 
times, and durations.
    (r) If you choose to stack test less frequently than annually, 
consistent with Sec.  60.2155(a) through (c), you must keep annual 
records that document that your emissions in the previous stack test(s) 
were less than 75 percent of the applicable emission limit and document 
that there was no change in source operations including fuel 
composition and operation of air pollution control equipment that would 
cause emissions of the relevant pollutant to increase within the past 
year.
    (s) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (t) Records of all required maintenance performed on the air 
pollution control and monitoring equipment.
    (u) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  60.11(d), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (v) For operating units that combust non-hazardous secondary 
materials that have been determined not to be solid waste pursuant to 
Sec.  241.3(b)(1) of this chapter, you must keep a record which 
documents how the secondary material meets each of the legitimacy 
criteria under Sec.  241.3(d)(1). If you combust a fuel that has been 
processed from a discarded non-hazardous secondary material pursuant to 
Sec.  241.3(b)(4) of this chapter, you must keep records as to how the 
operations that produced the fuel satisfies the definition of 
processing in Sec.  241.2 and each of the legitimacy criteria of Sec.  
241.3(d)(1) of this chapter. If the fuel received a non-waste 
determination pursuant to the petition process submitted under Sec.  
241.3(c) of this chapter, you must keep a record that documents how the 
fuel satisfies the requirements of the petition process. For operating 
units that combust non-hazardous secondary materials as fuel per Sec.  
241.4, you must keep records documenting that the material is a listed 
non-waste under Sec.  241.4(a).
    (w) Records of the criteria used to establish that 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)) and that the waste 
material the unit is proposed to burn is homogeneous.
    (x) Records of the criteria used to establish that the unit 
qualifies as a cogeneration facility under section 3(18)(B) of the 
Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste material 
the unit is proposed to burn is homogeneous.


Sec.  60.2180  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.


Sec.  60.2185  What reports must I submit?

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


Sec.  60.2190  What must I submit prior to commencing construction?

    You must submit a notification prior to commencing construction 
that includes the five items listed in paragraphs (a) through (e) of 
this section.
    (a) A statement of intent to construct.
    (b) The anticipated date of commencement of construction.
    (c) All documentation produced as a result of the siting 
requirements of Sec.  60.2050.
    (d) The waste management plan as specified in Sec. Sec.  60.2055 
through 60.2065.
    (e) Anticipated date of initial startup.


Sec.  60.2195  What information must I submit prior to initial startup?

    You must submit the information specified in paragraphs (a) through 
(e) of this section prior to initial startup.
    (a) The type(s) of waste to be burned.
    (b) The maximum design waste burning capacity.
    (c) The anticipated maximum charge rate.
    (d) If applicable, the petition for site-specific operating limits 
under Sec.  60.2115.
    (e) The anticipated date of initial startup.


Sec.  60.2200  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.

[[Page 3044]]

    (a) The complete test report for the initial performance test 
results obtained under Sec.  60.2135, as applicable.
    (b) The values for the site-specific operating limits established 
in Sec.  60.2110 or Sec.  60.2115.
    (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 Sec.  60.2165(b).


Sec.  60.2205  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 Sec.  60.2200. You must submit 
subsequent reports no more than 12 months following the previous 
report. (If the unit is subject to permitting requirements under title 
V of the Clean Air Act, you may be required by the permit to submit 
these reports more frequently.)


Sec.  60.2210  What information must I include in my annual report?

    The annual report required under Sec.  60.2205 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 Sec. Sec.  60.2215, 
60.2220, and 60.2225.
    (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 
Sec.  60.2110 or Sec.  60.2115.
    (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.
    (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 Sec.  60.2175(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) For each performance test conducted during the reporting 
period, if any performance test is conducted, the process unit(s) 
tested, the pollutant(s) tested and the date that such performance test 
was conducted. Submit, following the procedure specified in Sec.  
60.2235(b)(i), the performance test report no later than the date that 
you submit the annual report.
    (i) If you met the requirements of Sec.  60.2155(a) or (b), and did 
not conduct a performance test during the reporting period, you must 
state that you met the requirements of Sec.  60.2155(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.
    (k) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction that occurred during the 
reporting period and that caused or may have caused any applicable 
emission limitation to be exceeded. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec.  60.11(d), including actions taken to correct a malfunction.
    (l) For each deviation from an emission or operating limitation 
that occurs for a CISWI unit for which you are not using a continuous 
monitoring system to comply with the emission or operating limitations 
in this subpart, the annual report must contain the following 
information.
    (1) The total operating time of the CISWI unit at which the 
deviation occurred during the reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (m) If there were periods during which the continuous monitoring 
system, including the CEMS, was out of control as specified in 
paragraph (o) of this section, the annual report must contain the 
following information for each deviation from an emission or operating 
limitation occurring for a CISWI unit for which you are using a 
continuous monitoring system to comply with the emission and operating 
limitations in this subpart.
    (1) The date and time that each malfunction started and stopped.
    (2) The date, time, and duration that each CMS was inoperative, 
except for zero (low-level) and high-level checks.
    (3) The date, time, and duration that each continuous monitoring 
system was out-of-control, including start and end dates and hours and 
descriptions of corrective actions taken.
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction or 
during another period.
    (5) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of continuous monitoring system 
downtime during the reporting period, and the total duration of 
continuous monitoring system downtime as a percent of the total 
operating time of the CISWI unit at which the continuous monitoring 
system downtime occurred during that reporting period.
    (8) An identification of each parameter and pollutant that was 
monitored at the CISWI unit.
    (9) A brief description of the CISWI unit.
    (10) A brief description of the continuous monitoring system.
    (11) The date of the latest continuous monitoring system 
certification or audit.
    (12) A description of any changes in continuous monitoring system, 
processes, or controls since the last reporting period.
    (n) If there were periods during which the continuous monitoring 
system, including the CEMS, was not out of control as specified in 
paragraph (o) of this section, a statement that there were not periods 
during which the continuous monitoring system was out of control during 
the reporting period.
    (o) A continuous monitoring system is out of control in accordance 
with the procedure in 40 CFR part 60, appendix F of this part, as if 
any of the following occur.
    (1) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift exceeds two times the applicable calibration drift 
specification in the applicable performance specification or in the 
relevant standard.
    (2) The continuous monitoring system fails a performance test audit 
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy 
test audit, or linearity test audit.
    (3) The continuous opacity monitoring system calibration drift 
exceeds two times the limit in the applicable performance specification 
in the relevant standard.

[[Page 3045]]

Sec.  60.2215  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 the 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).


Sec.  60.2220  What must I include in the deviation report?

    In each report required under Sec.  60.2215, for any pollutant or 
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) Durations and causes of the following:
    (1) Each deviation from emission limitations or operating limits 
and your corrective actions.
    (2) Bypass events and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and for any test report that documents the emission levels 
the process unit(s) tested, the pollutant(s) tested and the date that 
the performance test was conducted. Submit, following the procedure 
specified in Sec.  60.2235(b)(i), the performance test report no later 
than the date that you submit the deviation report.


Sec.  60.2225  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 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of 
this section.
    (1) Submit a notification of the deviation within 10 days 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 Sec.  60.2100(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.


Sec.  60.2230  Are there any other notifications or reports that I must 
submit?

    (a) Yes. You must submit notifications as provided by Sec.  60.7.
    (b) If you cease combusting solid waste but continue to operate, 
you must provide 30 days prior notice of the effective date of the 
waste-to-fuel switch, consistent with 60.2145(a). The notification must 
identify:
    (1) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that will cease burning 
solid waste, and the date of the notice;
    (2) The currently applicable subcategory under this subpart, and 
any 40 CFR part 63 subpart and subcategory that will be applicable 
after you cease combusting solid waste;
    (3) The fuel(s), non-waste material(s) and solid waste(s) the CISWI 
unit is currently combusting and has combusted over the past 6 months, 
and the fuel(s) or non-waste materials the unit will commence 
combusting;
    (4) The date on which you became subject to the currently 
applicable emission limits;
    (5) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (b)(2) and (3) of this section.


Sec.  60.2235  In what form can I submit my reports?

    (a) Submit initial, annual and deviation reports electronically on 
or before the submittal due dates. Submit the reports to the EPA via 
the Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI 
can be accessed through the EPA's Central Data Exchange (CDX) (http://cdx.epa.gov/epa_home.asp).) Use the appropriate electronic report in 
CEDRI for this subpart. Instead of using the electronic report in CEDRI 
for this subpart, you may submit an alternate electronic file format 
consistent with the extensible markup language (XML) schema listed on 
the CEDRI Web site (http://www.epa.gov/ttn/chief/cedri/index.html), 
once the XML schema is available. If the reporting form specific to 
this subpart is not available in CEDRI at the time that the report is 
due, submit the report to the Administrator at the appropriate address 
listed in Sec.  60.4. Begin submitting reports via CEDRI no later than 
90 days after the form becomes available in CEDRI. The reports must be 
submitted by the deadlines specified in this subpart, regardless of the 
method in which the report is submitted.
    (b) Submit results of each performance test and CEMS performance 
evaluation required by this subpart as follows.
    (1) Within 60 days after the date of completing each performance 
test (see Sec.  60.8), submit the results of the performance test 
following the procedure specified in either paragraph (b)(1)(i) or 
(b)(1)(ii) of this section.
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(http://www.epa.gov/ttn/chief/ert/index.html) at the time of the test, 
submit the results of the performance test to the EPA via the CEDRI. 
(CEDRI can be accessed through the EPA's CDX.) Performance test data 
must be submitted in a file format generated through the use of the 
EPA's ERT. Instead of submitting performance test data in a file format 
generated through the use of the EPA's ERT, you may submit an alternate 
electronic file format consistent with the XML schema listed on the 
EPA's ERT Web site, once the XML schema is available. If you claim that 
some of the performance test information being submitted is 
confidential business information (CBI), submit a complete file 
generated through the use of the EPA's ERT (or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT Web site 
once the XML schema is available), including information claimed to be 
CBI, on a compact disc, flash drive, or other commonly used electronic 
storage media to the EPA. The electronic media must be clearly marked 
as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group

[[Page 3046]]

Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Road, 
Durham, NC 27703. The same ERT or alternate file with the CBI omitted 
must be submitted to the EPA via the EPA's CDX as described earlier in 
this paragraph.
    (ii) For data collected using test methods that are not supported 
by the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, submit the results of the performance test to the Administrator 
at the appropriate address listed in Sec.  60.4.
    (2) Within 60 days after the date of completing each CEMS 
performance evaluation, submit the results of the performance 
evaluation following the procedure specified in either paragraph 
(b)(2)(i) or (b)(2)(ii) of this section.
    (i) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT Web site at the 
time of the test, submit the results of the performance evaluation to 
the EPA via the CEDRI. (CEDRI can be accessed through the EPA's CDX.) 
Performance evaluation data must be submitted in a file format 
generated through the use of the EPA's ERT. Instead of submitting 
performance evaluation data in a file format generated through the use 
of the EPA's ERT, you may submit an alternate electronic file format 
consistent with the XML schema listed on the EPA's ERT Web site, once 
the XML schema is available. If you claim that some of the performance 
evaluation information being submitted is CBI, submit a complete file 
generated through the use of the EPA's ERT (or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT Web site 
once the XML schema is available), including information claimed to be 
CBI, on a compact disc, flash drive, or other commonly used electronic 
storage media to the EPA. The electronic media must be clearly marked 
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Road, 
Durham, NC 27703. The same ERT or alternate file with the CBI omitted 
must be submitted to the EPA via the EPA's CDX as described earlier in 
this paragraph.
    (ii) For any performance evaluations of continuous monitoring 
systems measuring RATA pollutants that are not supported by the EPA's 
ERT as listed on the EPA's ERT Web site at the time of the test, submit 
the results of the performance evaluation to the Administrator at the 
appropriate address listed in Sec.  60.4.
    (c) All information required in this subpart to be submitted to the 
EPA must also be submitted in paper format to the appropriate state, 
local or tribal agency whenever authority has been delegated to such 
agency (the delegated authority) unless the delegated authority 
specifies another format. Information submitted in paper format must be 
postmarked no later than the date that the report is required to be 
submitted to the EPA's CDX electronically. Any information required to 
be submitted electronically to the EPA's CDX may, at the discretion of 
the delegated authority, satisfy the requirements of this paragraph.


Sec.  60.2240  Can reporting dates be changed?

    If the Administrator agrees, you may change the semiannual or 
annual reporting dates. See Sec.  60.19(c) for procedures to seek 
approval to change your reporting date.

Title V Operating Permits


Sec.  60.2242  Am I required to apply for and obtain a Title V 
operating permit for my unit?

    Yes. Each CISWI unit and air curtain incinerator subject to 
standards under this subpart must operate pursuant to a permit issued 
under Section 129(e) and Title V of the Clean Air Act.

Air Curtain Incinerators


Sec.  60.2245  What is an air curtain incinerator?

    (a) 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 not to be confused with conventional combustion 
devices with enclosed fireboxes and controlled air technology such as 
mass burn, modular, and fluidized bed combustors.)
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (3) of this section are only required to meet 
the requirements under Sec.  60.2242 and under ``Air Curtain 
Incinerators'' (Sec. Sec.  60.2245 through 60.2260).
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.


Sec.  60.2250  What are the emission limitations for air curtain 
incinerators?

    Within 60 days after your air curtain incinerator reaches the 
charge rate at which it will operate, but no later than 180 days after 
its initial startup, you must meet the two limitations specified in 
paragraphs (a) and (b) of this section.
    (a) Maintain opacity to less than or equal to 10 percent opacity 
(as determined by the average of three 1-hour blocks consisting of ten 
6-minute average opacity values), except as described in paragraph (b) 
of this section.
    (b) Maintain opacity to less than or equal to 35 percent opacity 
(as determined by the average of three 1-hour blocks consisting of ten 
6-minute average opacity values) during the startup period that is 
within the first 30 minutes of operation.


Sec.  60.2255  How must I monitor opacity for air curtain incinerators?

    (a) Use Method 9 of appendix A of this part to determine compliance 
with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8.
    (c) After the initial test for opacity, conduct annual tests no 
more than 12 calendar months following the date of your previous test.


Sec.  60.2260  What are the recordkeeping and reporting requirements 
for air curtain incinerators?

    (a) Prior to commencing construction on your air curtain 
incinerator, submit the three items described in paragraphs (a)(1) 
through (3) of this section.
    (1) Notification of your intent to construct the air curtain 
incinerators.
    (2) Your planned initial startup date.
    (3) Types of materials you plan to burn in your air curtain 
incinerator.
    (b) 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.
    (c) Make all records available for submittal to the Administrator 
or for an inspector's onsite review.
    (d) You must submit the results (as determined by the average of 
three 1-hour blocks consisting of ten 6-minute average opacity values) 
of the initial opacity tests no later than 60 days following the 
initial test. 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.
    (f) Keep a copy of the initial and annual reports onsite for a 
period of 5 years.

Definitions


Sec.  60.2265  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act

[[Page 3047]]

and subpart A (General Provisions) of this part.
    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.
    30-day rolling average means the arithmetic mean of the previous 
720 hours of valid operating data. Valid data excludes periods when 
this unit is not operating. The 720 hours should be consecutive, but 
not necessarily continuous if operations are intermittent.
    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 not to be confused with conventional 
combustion devices with enclosed fireboxes and controlled air 
technology such as mass burn, modular, and fluidized bed combustors.)
    Annual heat input means the heat input for the 12 months preceding 
the compliance demonstration.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel 
oil, or diesel fuel.
    Average annual heat input rate means annual heat input divided by 
the hours of operation for the 12 months preceding the compliance 
demonstration.
    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.
    Burn-off oven means any rack reclamation unit, part reclamation 
unit, or drum reclamation unit. A burn-off oven is not an incinerator, 
waste-burning kiln, an energy recovery unit or a small, remote 
incinerator under this subpart.
    Bypass stack means a device used for discharging combustion gases 
to avoid severe damage to the air pollution control device or other 
equipment.
    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.
    CEMS data during startup and shutdown means the following:
    (1) For incinerators, small remote incinerators, and energy 
recovery units: CEMS data collected during the first hours of a CISWI 
unit startup from a cold start until waste is fed to the unit and the 
hours of operation following the cessation of waste material being fed 
to the CISWI unit during a unit shutdown. For each startup event, the 
length of time that CEMS data may be claimed as being CEMS data during 
startup must be 48 operating hours or less. For each shutdown event, 
the length of time that CEMS data may be claimed as being CEMS data 
during shutdown must be 24 operating hours or less.
    (2) For waste-burning kilns: CEMS data collected during the periods 
of kiln operation that do not include normal operations. Startup begins 
when the kiln's induced fan is turned on and continues until continuous 
feed is introduced into the kiln, at which time the kiln is in normal 
operating mode. Shutdown begins when feed to the kiln is halted.
    Chemical recovery unit means 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. A chemical recovery unit is not an 
incinerator, a waste-burning kiln, an energy recovery unit or a small, 
remote incinerator under this subpart. The following seven types of 
units 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/residue 
containing catalyst metals that 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.
    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 kiln-dried 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 distinct operating unit of any commercial or industrial 
facility that combusts, or has combusted in the preceding 6 months, any 
solid waste as that term is defined in 40 CFR part 241. If the 
operating unit burns materials other than traditional fuels as defined 
in Sec.  241.2 that have been discarded, and you do not keep and 
produce records as required by Sec.  60.2175(v), the operating unit is 
a CISWI unit. While not all CISWI units will include all of the 
following components, a CISWI unit includes, but is not limited to, the 
solid waste feed system, grate system, flue gas system, waste heat 
recovery equipment, if any, and bottom ash system. The CISWI unit does 
not include air pollution control equipment or the stack. The CISWI 
unit boundary starts at the solid waste hopper (if applicable) and 
extends through two areas: The combustion unit flue gas system, which 
ends immediately after the last combustion chamber or after the waste 
heat recovery equipment, if any; and the combustion unit bottom ash 
system, which ends at the truck loading station or similar equipment 
that transfers the ash to final disposal. The CISWI unit includes all 
ash handling systems connected to the bottom ash handling system.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Continuous emission monitoring system (CEMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition 
(if applicable), analyze, and provide a record of emissions.
    Continuous monitoring system (CMS) means the total equipment, 
required under the emission monitoring sections in applicable subparts, 
used to sample and condition (if applicable), to analyze, and to 
provide a permanent record of emissions or process parameters. A 
particulate matter continuous parameter monitoring system (PM CPMS) is 
a type of CMS.

[[Page 3048]]

    Cyclonic burn barrel means a combustion device for waste materials 
that is attached to a 55 gallon, open-head 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. A cyclonic burn barrel is not an 
incinerator, a waste-burning kiln, an energy recovery unit or a small, 
remote incinerator under this subpart.
    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 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.
    Dioxins/furans means tetra- through octa-chlorinated 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.
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gas in the 
exhaust stream forming a dry powder material. Sorbent injection systems 
in fluidized bed boilers and process heaters are included in this 
definition. A dry scrubber is a dry control system.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    Energy recovery unit means a combustion unit combusting solid waste 
(as that term is defined by the Administrator in 40 CFR part 241) for 
energy recovery. Energy recovery units include units that would be 
considered boilers and process heaters if they did not combust solid 
waste.
    Energy recovery unit designed to burn biomass (Biomass) means an 
energy recovery unit that burns solid waste, biomass, and non-coal 
solid materials but less than 10 percent coal, on a heat input basis on 
an annual average, either alone or in combination with liquid waste, 
liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn coal (Coal) means an energy 
recovery unit that burns solid waste and at least 10 percent coal on a 
heat input basis on an annual average, either alone or in combination 
with liquid waste, liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn liquid waste materials and 
gas (Liquid/gas) means an energy recovery unit that burns a liquid 
waste with liquid or gaseous fuels not combined with any solid fuel or 
waste materials.
    Energy recovery unit designed to burn solid materials (Solids) 
includes energy recovery units designed to burn coal and energy 
recovery units designed to burn biomass.
    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.
    Foundry sand thermal reclamation unit means a type of part 
reclamation unit that removes coatings that are on foundry sand. A 
foundry sand thermal reclamation unit is not an incinerator, a waste-
burning kiln, an energy recovery unit or a small, remote incinerator 
under this subpart.
    Incinerator means any furnace used in the process of combusting 
solid waste (as that term is defined by the Administrator in 40 CFR 
part 241) for the purpose of reducing the volume of the waste by 
removing combustible matter. Incinerator designs include single chamber 
and two-chamber.
    In-line coal mill means those coal mills using kiln exhaust gases 
in their process. Coal mills with a heat source other than the kiln or 
coal mills using exhaust gases from the clinker cooler alone are not an 
in-line coal mill.
    In-line kiln/raw mill means a system in a Portland Cement 
production process where a dry kiln system is integrated with the raw 
mill so that all or a portion of the kiln exhaust gases are used to 
perform the drying operation of the raw mill, with no auxiliary heat 
source used. In this system the kiln is capable of operating without 
the raw mill operating, but the raw mill cannot operate without the 
kiln gases, and consequently, the raw mill does not generate a separate 
exhaust gas stream.
    Kiln means an oven or furnace, including any associated preheater 
or precalciner devices, in-line raw mills, in-line coal mills or alkali 
bypasses used for processing a substance by burning, firing or drying. 
Kilns include cement kilns that produce clinker by heating limestone 
and other materials for subsequent production of Portland Cement. 
Because the alkali bypass, in-line raw mill and in-line coal mill are 
considered an integral part of the kiln, the kiln emissions limits also 
apply to the exhaust of the alkali bypass, in-line raw mill and in-line 
coal mill.
    Laboratory analysis unit means units that burn samples of materials 
for the purpose of chemical or physical analysis. A laboratory analysis 
unit is not an incinerator, waste-burning kiln, an energy recovery unit 
or a small, remote incinerator under this subpart.
    Load fraction means the actual heat input of an energy recovery 
unit divided by heat input during the performance test that established 
the minimum sorbent injection rate or minimum activated carbon 
injection rate, expressed as a fraction (e.g., for 50 percent load the 
load fraction is 0.5).
    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 byproduct 
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.
    Minimum voltage or amperage means 90 percent of the lowest test-run 
average voltage or amperage to the electrostatic precipitator measured 
during the most recent particulate matter or mercury performance test 
demonstrating compliance with the applicable emission limits.
    Modification or modified CISWI unit means a CISWI unit that has 
been changed later than August 7, 2013 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.
    Municipal solid waste or municipal-type solid waste means 
household,

[[Page 3049]]

commercial/retail, or institutional waste. Household waste includes 
material discarded by residential dwellings, hotels, motels, and other 
similar permanent or temporary housing. Commercial/retail waste 
includes material discarded by stores, offices, restaurants, 
warehouses, nonmanufacturing activities at industrial facilities, and 
other similar establishments or facilities. Institutional waste 
includes materials discarded by schools, by hospitals (nonmedical), by 
nonmanufacturing activities at prisons and government facilities, and 
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste 
does not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which include railroad ties and 
telephone poles); clean wood; industrial process or manufacturing 
wastes; medical waste; or motor vehicles (including motor vehicle parts 
or vehicle fluff).
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of solid waste is combusted 
at any time in the CISWI unit.
    Oxygen analyzer system means all equipment required to determine 
the oxygen content of a gas stream and used to monitor oxygen in the 
boiler or process heater flue gas, boiler or process heater, firebox, 
or other appropriate location. This definition includes oxygen trim 
systems and certified oxygen CEMS. The source owner or operator is 
responsible to install, calibrate, maintain, and operate the oxygen 
analyzer system in accordance with the manufacturer's recommendations.
    Oxygen trim system means a system of monitors that is used to 
maintain excess air at the desired level in a combustion device over 
its operating range. A typical system consists of a flue gas oxygen 
and/or carbon monoxide monitor that automatically provides a feedback 
signal to the combustion air controller or draft controller.
    Part reclamation unit means a unit that burns coatings off parts 
(e.g., tools, equipment) so that the parts can be reconditioned and 
reused.
    Particulate matter means total particulate matter emitted from 
CISWI units as measured by Method 5 or Method 29 of appendix A of this 
part.
    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).
    Performance evaluation means the conduct of relative accuracy 
testing, calibration error testing, and other measurements used in 
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified 
in the performance test section of the relevant standard.
    Process change means any of the following physical or operational 
changes:
    (1) A physical change (maintenance activities excluded) to the 
CISWI unit which may increase the emission rate of any air pollutant to 
which a standard applies;
    (2) An operational change to the CISWI unit where a new type of 
non-hazardous secondary material is being combusted;
    (3) A physical change (maintenance activities excluded) to the air 
pollution control devices used to comply with the emission limits for 
the CISWI unit (e.g., replacing an electrostatic precipitator with a 
fabric filter);
    (4) An operational change to the air pollution control devices used 
to comply with the emission limits for the affected CISWI unit (e.g., 
change in the sorbent injection rate used for activated carbon 
injection).
    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.
    Raw mill means a ball or tube mill, vertical roller mill or other 
size reduction equipment, that is not part of an in-line kiln/raw mill, 
used to grind feed to the appropriate size. Moisture may be added or 
removed from the feed during the grinding operation. If the raw mill is 
used to remove moisture from feed materials, it is also, by definition, 
a raw material dryer. The raw mill also includes the air separator 
associated with the raw mill.
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins on or after August 7, 2013.
    (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.
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business 
function, or any other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized 
representative of such person if the representative is responsible for 
the overall operation of one or more manufacturing, production, or 
operating facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross 
annual sales or expenditures exceeding $25 million (in second quarter 
1980 dollars); or
    (ii) The delegation of authority to such representatives is 
approved in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: A general partner or 
the proprietor, respectively;
    (3) For a municipality, state, federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA); or
    (4) For affected facilities:
    (i) The designated representative in so far as actions, standards, 
requirements, or prohibitions under Title IV of the Clean Air Act or 
the regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under 
part 60.
    Shutdown means the period of time after all waste has been 
combusted in the primary chamber.
    Small, remote incinerator means an incinerator that combusts solid 
waste (as that term is defined by the Administrator in 40 CFR part 241) 
and combusts 3 tons per day or less solid waste and is more than 25 
miles driving

[[Page 3050]]

distance to the nearest municipal solid waste landfill.
    Soil treatment unit means a unit that thermally treats petroleum-
contaminated soils for the sole purpose of site remediation. A soil 
treatment unit may be direct-fired or indirect fired. A soil treatment 
unit is not an incinerator, a waste-burning kiln, an energy recovery 
unit or a small, remote incinerator under this subpart.
    Solid waste means the term solid waste as defined in 40 CFR 241.2.
    Solid waste incineration unit means a distinct operating unit of 
any facility which combusts any solid waste (as that term is defined by 
the Administrator in 40 CFR part 241) material from commercial or 
industrial establishments or the general public (including single and 
multiple residences, hotels and motels). Such term does not include 
incinerators or other units required to have a permit under section 
3005 of the Solid Waste Disposal Act. The term ``solid waste 
incineration unit'' does not include:
    (1) Materials recovery facilities (including primary or secondary 
smelters) which combust waste for the primary purpose of recovering 
metals;
    (2) Qualifying small power production facilities, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or 
qualifying cogeneration facilities, as defined in section 3(18)(B) of 
the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous 
waste (such as units which burn tires or used oil, but not including 
refuse-derived fuel) for the production of electric energy or in the 
case of qualifying cogeneration facilities which burn homogeneous waste 
for the production of electric energy and steam or forms of useful 
energy (such as heat) which are used for industrial, commercial, 
heating or cooling purposes; or
    (3) Air curtain incinerators provided that such incinerators only 
burn wood wastes, yard wastes, and clean lumber and that such air 
curtain incinerators comply with opacity limitations to be established 
by the Administrator by rule.
    Space heater means a unit that meets the requirements of 40 CFR 
279.23. A space heater is not an incinerator, a waste-burning kiln, an 
energy recovery unit or a small, remote incinerator under this subpart.
    Standard conditions, when referring to units of measure, means a 
temperature of 68[deg]F (20 [deg]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.
    Waste-burning kiln means a kiln that is heated, in whole or in 
part, by combusting solid waste (as that term is defined by the 
Administrator in 40 CFR part 241). Secondary materials used in Portland 
cement kilns shall not be deemed to be combusted unless they are 
introduced into the flame zone in the hot end of the kiln or mixed with 
the precalciner fuel.
    Wet scrubber means an add-on air pollution control device that uses 
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.

  Table 1 to Subpart CCCC of Part 60--Emission Limitations for Incinerators for Which Construction Is Commenced
     After November 30, 1999, But no Later Than June 4, 2010, or for Which Modification or Reconstruction Is
                      Commenced on or After June 1, 2001, But no Later Than August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.004 milligrams per     3-run average (1 hour    Performance test
                                        dry standard cubic       minimum sample time      (Method 29 of appendix
                                        meter.                   per run).                A of this part).
Carbon monoxide......................  157 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxin/Furan (toxic equivalency        0.41 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 4    (Method 23 of appendix
                                                                 dry standard cubic       A-7 of this part).
                                                                 meters per run).
Hydrogen chloride....................  62 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.04 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Mercury..............................  0.47 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Nitrogen Oxides......................  388 parts per million    3-run average (for       Performance test
                                        by dry volume.           Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Opacity..............................  10 percent.............  6-minute averages......  Performance test
                                                                                          (Method 9 of appendix
                                                                                          A of this part).
Oxides of nitrogen...................  388 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 7, 7A, 7C, 7D,
                                                                 per run).                or 7E of appendix A of
                                                                                          this part).
Particulate matter...................  70 milligrams per dry    3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 5 or 29 of
                                                                 per run).                appendix A of this
                                                                                          part).
Sulfur Dioxide.......................  20 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6C at 40
                                                                 minimum volume of 20     CFR part 60, appendix
                                                                 liters per run. For      A-4).
                                                                 Method 6C, collect
                                                                 sample for a minimum
                                                                 duration of 1 hour per
                                                                 run).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.


[[Page 3051]]


                     Table 2 to Subpart CCCC of Part 60--Operating Limits for Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
                                  You must establish        And monitoring using these minimum frequencies
 For these operating parameters    these  operating  -----------------------------------------------------------
                                        limits         Data  measurement    Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate.....................  Maximum charge      Continuous........  Every hour........  Daily (batch
                                   rate.                                                       units) 3-hour
                                                                                               rolling
                                                                                               (continuous and
                                                                                               intermittent
                                                                                               units).\a\
Pressure drop across the wet      Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling.\a\
 scrubber or amperage to wet       drop or amperage.
 scrubber.
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 to Subpart CCCC of Part 60--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                       Toxic equivalency
                Dioxin/furan congener                       factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin...........               1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin.........               0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin........               0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin........               0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin........               0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin.....               0.01
octachlorinated dibenzo-p-dioxin....................               0.001
2,3,7,8-tetrachlorinated dibenzofuran...............               0.1
2,3,4,7,8-pentachlorinated dibenzofuran.............               0.5
1,2,3,7,8-pentachlorinated dibenzofuran.............               0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran............               0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran............               0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran............               0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran............               0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran.........               0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran.........               0.01
octachlorinated dibenzofuran........................               0.001
------------------------------------------------------------------------


                    Table 4 to Subpart CCCC of Part 60--Summary of Reporting Requirements \a\
----------------------------------------------------------------------------------------------------------------
                Report                         Due date                 Contents                Reference
----------------------------------------------------------------------------------------------------------------
Preconstruction report...............  Prior to commencing       Statement of    Sec.   60.2190.
                                        construction.            intent to construct.
                                                                 Anticipated
                                                                 date of commencement
                                                                 of construction.
                                                                 Documentation
                                                                 for siting
                                                                 requirements.
                                                                 Waste
                                                                 management plan.
                                                                 Anticipated
                                                                 date of initial
                                                                 startup.
Startup notification.................  Prior to initial          Type of waste   Sec.   60.2195.
                                        startup.                 to be burned.
                                                                 Maximum design
                                                                 waste burning capacity.
                                                                 Anticipated
                                                                 maximum charge rate.
                                                                 If applicable,
                                                                 the petition for site-
                                                                 specific operating
                                                                 limits.
Initial test report..................  No later than 60 days     Complete test   Sec.   60.2200.
                                        following the initial    report for the initial
                                        performance test.        performance test.
                                                                 The values for
                                                                 the site-specific
                                                                 operating limits.
                                                                 Installation
                                                                 of bag leak detection
                                                                 system for fabric
                                                                 filter.
Annual report........................  No later than 12 months   Name and        Sec.  Sec.   60.2205
                                        following the            address.                 and 60.2210.
                                        submission of the        Statement and
                                        initial test report.     signature by
                                        Subsequent reports are   responsible official.
                                        to be submitted no       Date of report
                                        more than 12 months      Values for the
                                        following the previous   operating limits.
                                        report.                  Highest
                                                                 recorded 3-hour
                                                                 average and the lowest
                                                                 3-hour average, as
                                                                 applicable, for each
                                                                 operating parameter
                                                                 recorded for the
                                                                 calendar year being
                                                                 reported.
                                                                 For each
                                                                 performance test
                                                                 conducted during the
                                                                 reporting period, if
                                                                 any performance test
                                                                 is conducted, the
                                                                 process unit(s)
                                                                 tested, the
                                                                 pollutant(s) tested,
                                                                 and the date that such
                                                                 performance test was
                                                                 conducted.
                                                                 If a
                                                                 performance test was
                                                                 not conducted during
                                                                 the reporting period,
                                                                 a statement that the
                                                                 requirements of Sec.
                                                                 60.2155(a) were met.
                                                                 Documentation
                                                                 of periods when all
                                                                 qualified CISWI unit
                                                                 operators were
                                                                 unavailable for more
                                                                 than 8 hours but less
                                                                 than 2 weeks.

[[Page 3052]]

 
                                                                 If you are
                                                                 conducting performance
                                                                 tests once every 3
                                                                 years consistent with
                                                                 Sec.   60.2155(a), the
                                                                 date of the last 2
                                                                 performance tests, a
                                                                 comparison of the
                                                                 emission level you
                                                                 achieved in the last 2
                                                                 performance tests to
                                                                 the 75 percent
                                                                 emission limit
                                                                 threshold required in
                                                                 Sec.   60.2155(a) and
                                                                 a statement as to
                                                                 whether there have
                                                                 been any operational
                                                                 changes since the last
                                                                 performance test that
                                                                 could increase
                                                                 emissions.
Emission limitation or operating       By August 1 of that       Dates and       Sec.   60.2215 and
 limit deviation report.                year for data            times of deviation.      60.2220.
                                        collected during the     Averaged and
                                        first half of the        recorded data for
                                        calendar year. By        those dates.
                                        February 1 of the        Duration and
                                        following year for       causes of each
                                        data collected during    deviation and the
                                        the second half of the   corrective actions
                                        calendar year.           taken.
                                                                 Copy of
                                                                 operating limit
                                                                 monitoring data and,
                                                                 if any performance
                                                                 test was conducted
                                                                 that documents
                                                                 emission levels, the
                                                                 process unit(s)
                                                                 tested, the
                                                                 pollutant(s) tested,
                                                                 and the date that such
                                                                 performance text was
                                                                 conducted.
                                                                 Dates, times
                                                                 and causes for monitor
                                                                 downtime incidents.
Qualified operator deviation           Within 10 days of         Statement of    Sec.   60.2225(a)(1).
 notification.                          deviation.               cause of deviation.
                                                                 Description of
                                                                 efforts to have an
                                                                 accessible qualified
                                                                 operator.
                                                                 The date a
                                                                 qualified operator
                                                                 will be accessible.
Qualified operator deviation status    Every 4 weeks following   Description of  Sec.   60.2225(a)(2).
 report.                                deviation.               efforts to have an
                                                                 accessible qualified
                                                                 operator.
                                                                 The date a
                                                                 qualified operator
                                                                 will be accessible.
                                                                 Request for
                                                                 approval to continue
                                                                 operation.
Qualified operator deviation           Prior to resuming         Notification    Sec.   60.2225(b).
 notification of resumed operation.     operation.               that you are resuming
                                                                 operation.
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.


Table 5 to Subpart CCCC of Part 60--Emission Limitations for Incinerators That Commenced Construction After June
                 4, 2010, or That Commenced Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                          You must meet this                                 And determining
        For the air pollutant            emission  limitation     Using this averaging    compliance using this
                                                 \a\                      time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0023 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-8
                                                                 meter per run).          of this part).
                                                                                         Use ICPMS for the
                                                                                          analytical finish.
Carbon monoxide......................  17 parts per million by  3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxin/furan (Total Mass Basis)......  0.58 nanograms per dry   3-run average (collect   Performance test
                                        standard cubic           a minimum volume of 4    (Method 23 at 40 CFR
                                        meter.\c\                dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxin/furan (toxic equivalency        0.13 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 4    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meter per run).          7).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5 percent   observation periods.     (Method 22 at 40 CFR
                                        of the hourly                                     part 60, appendix A-
                                        observation period.                               7).
Hydrogen chloride....................  0.091 parts per million  3-run average (For       Performance test
                                        by dry volume.           Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 360    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 3
                                                                 dry standard cubic
                                                                 meters per run).
Lead.................................  0.015 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 of appendix
                                        meter.\c\                dry standard cubic       A-8 at 40 CFR part
                                                                 meters per run).         60). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.00084 milligrams per   3-run average (collect   Performance test
                                        dry standard cubic       enough volume to meet    (Method 29 or 30B at
                                        meter.\c\                a detection limit data   40 CFR part 60,
                                                                 quality objective of     appendix A-8) or ASTM
                                                                 0.03 ug/dry standard     D6784-02 (Reapproved
                                                                 cubic meter).            2008).\b\
Nitrogen Oxides......................  23 parts per million     3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter (filterable)        18 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 2    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meters per run).         A-3 or appendix A-8 at
                                                                                          40 CFR part 60).

[[Page 3053]]

 
Sulfur dioxide.......................  11 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6C at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Limit or the toxic equivalency basis limit.
\b\ Incorporated by reference, see Sec.   60.17.


 Table 6 to Subpart CCCC of Part 60--Emission Limitations for Energy Recovery Units That Commenced Construction
            After June 4, 2010, or That Commenced Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                  You must meet this emission limitation
                                                    \a\                       Using this        And determining
      For the air pollutant      ----------------------------------------   averaging time     compliance using
                                      Liquid/gas            Solids                                this method
----------------------------------------------------------------------------------------------------------------
Cadmium.........................  0.023 milligrams    Biomass--0.0014     3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter.\c\     4 dry standard      appendix A-8).
                                                       Coal--0.0095        cubic meters per    Use ICPMS for the
                                                       milligrams per      run).               analytical
                                                       dry standard                            finish.
                                                       cubic meter.
Carbon monoxide.................  35 parts per        Biomass--240 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 10 at 40
                                   volume.             volume Coal--95     sample time per     CFR part 60,
                                                       parts per million   run).               appendix A-4).
                                                       dry volume.
Dioxin/furans (Total Mass Basis)  No Total Mass       Biomass--0.52       3-run average       Performance test
                                   Basis limit, must   nanograms per dry   (collect a          (Method 23 at 40
                                   meet the toxic      standard cubic      minimum volume of   CFR part 60,
                                   equivalency basis   meter.\c\ Coal--    4 dry standard      appendix A-7).
                                   limit below.        5.1 nanograms per   cubic meters).
                                                       dry standard
                                                       cubic meter.\c\
Dioxins/furans (toxic             0.093 nanograms     Biomass--0.076      3-run average       Performance test
 equivalency basis).               per dry standard    nanograms per dry   (collect a          (Method 23 of
                                   cubic meter.\c\     standard cubic      minimum volume of   appendix A-7 of
                                                       meter.\c\ Coal--    4 dry standard      this part).
                                                       0.075 nanograms     cubic meters per
                                                       per dry standard    run).
                                                       cubic meter.\c\
Fugitive ash....................  Visible emissions   Three 1-hour        Visible emission    Fugitive ash.
                                   for no more than    observation         test (Method 22
                                   5 percent of the    periods.            at 40 CFR part
                                   hourly                                  60, appendix A-
                                   observation                             7).
                                   period.
Hydrogen chloride...............  14 parts per        Biomass--0.20       3-run average (For  Performance test
                                   million dry         parts per million   Method 26,          (Method 26 or 26A
                                   volume.             dry volume Coal--   collect a minimum   at 40 CFR part
                                                       13 parts per        volume of 360       60, appendix A-
                                                       million dry         liters per run.     8).
                                                       volume.             For Method 26A,
                                                                           collect a minimum
                                                                           volume of 3 dry
                                                                           standard cubic
                                                                           meters per run).
Lead............................  0.096 milligrams    Biomass--0.014      3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter.\c\     4 dry standard      appendix A-8).
                                                       Coal--0.14          cubic meters per    Use ICPMS for the
                                                       milligrams per      run).               analytical
                                                       dry standard                            finish.
                                                       cubic meter.
Mercury.........................  0.00056 milligrams  Biomass--0.0022     3-run average       Performance test
                                   per dry standard    milligrams per      (collect enough     (Method 29 or 30B
                                   cubic meter.\c\     dry standard        volume to meet an   at 40 CFR part
                                                       cubic meter Coal--  in-stack            60, appendix A-8)
                                                       0.016 milligrams    detection limit     or ASTM D6784-02
                                                       per dry standard    data quality        (Reapproved
                                                       cubic meter.        objective of 0.03   2008).\b\
                                                                           ug/dscm).
Oxides of nitrogen..............  76 parts per        Biomass--290 parts  3-run average (for  Performance test
                                   million dry         per million dry     Method 7E, 1 hour   (Method 7 or 7E
                                   volume.             volume Coal--340    minimum sample      at 40 CFR part
                                                       parts per million   time per run).      60, appendix A-
                                                       dry volume.                             4).
Particulate matter (filterable).  110 milligrams per  Biomass--5.1        3-run average       Performance test
                                   dry standard        milligrams per      (collect a          (Method 5 or 29
                                   cubic meter.        dry standard        minimum volume of   at 40 CFR part
                                                       cubic meter Coal--  1 dry standard      60, appendix A-3
                                                       160 milligrams      cubic meter per     or appendix A-8)
                                                       per dry standard    run).               if the unit has
                                                       cubic meter.                            an annual average
                                                                                               heat input rate
                                                                                               less than 250
                                                                                               MMBtu/hr; or PM
                                                                                               CPMS (as
                                                                                               specified in Sec.
                                                                                                 60.2145(x)) if
                                                                                               the unit has an
                                                                                               annual average
                                                                                               heat input rate
                                                                                               equal to or
                                                                                               greater than 250
                                                                                               MMBtu/hr.

[[Page 3054]]

 
Sulfur dioxide..................  720 parts per       Biomass--7.3 parts  3-run average (for  Performance test
                                   million dry         per million dry     Method 6, collect   (Method 6 or 6C
                                   volume.             volume Coal--650    a minimum of 60     at 40 CFR part
                                                       parts per million   liters, for         60, appendix A-
                                                       dry volume.         Method 6C,1 hour    4).
                                                                           minimum sample
                                                                           time per run).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.
\b\ Incorporated by reference,see Sec.   60.17.
\c\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2155 if all of the other provisions of Sec.   60.2155 are met. For all other pollutants
  that do not contain a footnote ``c'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.


  Table 7 to Subpart CCCC of Part 60--Emission Limitations for Waste-burning Kilns That Commenced Construction
                   After June 4, 2010, or Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0014 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 at 40 CFR
                                        meter.\b\                dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8). Use ICPMS for the
                                                                                          analytical finish.
Carbon monoxide......................  90 (long kilns)/190      3-run average (1 hour    Performance test
                                        (preheater/              minimum sample time      (Method 10 at 40 CFR
                                        precalciner) parts per   per run).                part 60, appendix A-
                                        million dry volume.                               4).
Dioxins/furans (total mass basis)....  0.51 nanograms per dry   3-run average (collect   Performance test
                                        standard cubic           a minimum volume of 4    (Method 23 at 40 CFR
                                        meter.\b\                dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      0.075 nanograms per dry  3-run average (collect   Performance test
 basis).                                standard cubic           a minimum volume of 4    (Method 23 at 40 CFR
                                        meter.\b\                dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  3.0 parts per million    3-run average (1 hour    Performance test
                                        dry volume.\b\           minimum sample time      (Method 321 at 40 CFR
                                                                 per run) or 30-day       part 63, appendix A)
                                                                 rolling average if HCl   or HCl CEMS if a wet
                                                                 CEMS are used.           scrubber or dry
                                                                                          scrubber is not used.
Lead.................................  0.014 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 4    (Method 29 at 40 CFR
                                        meter.\b\                dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0037 milligrams per    30-day rolling average.  Mercury CEMS or sorbent
                                        dry standard cubic                                trap monitoring system
                                        meter.                                            (performance
                                                                                          specification 12A or
                                                                                          12B, respectively, of
                                                                                          appendix B of this
                                                                                          part).
Oxides of nitrogen...................  200 parts per million    30-day rolling average.  NOx CEMS (performance
                                        dry volume.                                       specification 2 of
                                                                                          appendix B and
                                                                                          procedure 1 of
                                                                                          appendix F of this
                                                                                          part).
Particulate matter (filterable)......  2.2 milligrams per dry   30-day rolling average.  PM CPMS (as specified
                                        standard cubic meter.                             in Sec.   60.2145(x)).
Sulfur dioxide.......................  28 parts per million     30-day rolling average.  Sulfur dioxide CEMS
                                        dry volume.                                       (performance
                                                                                          specification 2 of
                                                                                          appendix B and
                                                                                          procedure 1 of
                                                                                          appendix F of this
                                                                                          part).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.
\b\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2155 if all of the other provisions of Sec.   60.2155 are met. For all other pollutants
  that do not contain a footnote ``b'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.


[[Page 3055]]


     Table 8 to Subpart CCCC of Part 60--Emission Limitations for Small, Remote Incinerators That Commenced
     Construction After June 4, 2010, or That Commenced Reconstruction or Modification After August 7, 2013
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.67 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8).
Carbon monoxide......................  13 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxins/furans (total mass basis)....  1,800 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic           a minimum volume of 1    (Method 23 at 40 CFR
                                        meter.\b\                dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      31 nanograms per dry     3-run average (collect   Performance test
 basis).                                standard cubic           a minimum volume of 1    (Method 23 at 40 CFR
                                        meter.\b\                dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emissions test
                                        no more than 5 percent   observation periods.     (Method 22 at 40 CFR
                                        of the hourly                                     part 60, appendix A-
                                        observation period.                               7).
Hydrogen chloride....................  200 parts per million    3-run average (For       Performance test
                                        by dry volume.           Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  2.0 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0035 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 and ASTM       (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008) \b\, collect a     appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008).\b\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum volume as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  170 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter (filterable)......  270 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meters).                 A-3 or appendix A-8).
Sulfur dioxide.......................  1.2 parts per million    3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the Total Mass Basis limit or the toxic equivalency basis limit.
\b\ Incorporated by reference, see Sec.   60.17.

0
3. Part 60 is amended by revising subpart DDDD to read as follows:

Subpart DDDD--Emissions Guidelines and Compliance Times for 
Commercial and Industrial Solid Waste Incineration Units

Introduction

Sec.
60.2500 What is the purpose of this subpart?
60.2505 Am I affected by this subpart?
60.2510 Is a state plan required for all states?
60.2515 What must I include in my state plan?
60.2520 Is there an approval process for my state plan?
60.2525 What if my state plan is not approvable?
60.2530 Is there an approval process for a negative declaration 
letter?
60.2535 What compliance schedule must I include in my state plan?
60.2540 Are there any state plan requirements for this subpart that 
apply instead of the requirements specified in subpart B?
60.2541 In lieu of a state plan submittal, are there other 
acceptable option(s) for a state to meet its Clean Air Act section 
111(d)/129(b)(2) obligations?
60.2542 What authorities will not be delegated to state, local, or 
tribal agencies?
60.2545 Does this subpart directly affect CISWI unit owners and 
operators in my state?

Applicability of State Plans

60.2550 What CISWI units must I address in my state plan?
60.2555 What combustion units are exempt from my state plan?

Use of Model Rule

60.2560 What is the ``model rule'' in this subpart?
60.2565 How does the model rule relate to the required elements of 
my state plan?
60.2570 What are the principal components of the model rule?

Model Rule--Increments of Progress

60.2575 What are my requirements for meeting increments of progress 
and achieving final compliance?
60.2580 When must I complete each increment of progress?
60.2585 What must I include in the notifications of achievement of 
increments of progress?
60.2590 When must I submit the notifications of achievement of 
increments of progress?
60.2595 What if I do not meet an increment of progress?
60.2600 How do I comply with the increment of progress for submittal 
of a control plan?
60.2605 How do I comply with the increment of progress for achieving 
final compliance?
60.2610 What must I do if I close my CISWI unit and then restart it?
60.2615 What must I do if I plan to permanently close my CISWI unit 
and not restart it?

[[Page 3056]]

Model Rule--Waste Management Plan

60.2620 What is a waste management plan?
60.2625 When must I submit my waste management plan?
60.2630 What should I include in my waste management plan?

Model Rule--Operator Training and Qualification

60.2635 What are the operator training and qualification 
requirements?
60.2640 When must the operator training course be completed?
60.2645 How do I obtain my operator qualification?
60.2650 How do I maintain my operator qualification?
60.2655 How do I renew my lapsed operator qualification?
60.2660 What site-specific documentation is required?
60.2665 What if all the qualified operators are temporarily not 
accessible?

Model Rule--Emission Limitations and Operating Limits

60.2670 What emission limitations must I meet and by when?
60.2675 What operating limits must I meet and by when?
60.2680 What if I do not use a wet scrubber, fabric filter, 
activated carbon injection, selective noncatalytic reduction, an 
electrostatic precipitator, or a dry scrubber to comply with the 
emission limitations?

Model Rule--Performance Testing

60.2690 How do I conduct the initial and annual performance test?
60.2695 How are the performance test data used?

Model Rule--Initial Compliance Requirements

60.2700 How do I demonstrate initial compliance with the amended 
emission limitations and establish the operating limits?
60.2705 By what date must I conduct the initial performance test?
60.2706 By what date must I conduct the initial air pollution 
control device inspection?

Model Rule--Continuous Compliance Requirements

60.2710 How do I demonstrate continuous compliance with the amended 
emission limitations and the operating limits?
60.2715 By what date must I conduct the annual performance test?
60.2716 By what date must I conduct the annual air pollution control 
device inspection?
60.2720 May I conduct performance testing less often?
60.2725 May I conduct a repeat performance test to establish new 
operating limits?

Model Rule--Monitoring

60.2730 What monitoring equipment must I install and what parameters 
must I monitor?
60.2735 Is there a minimum amount of monitoring data I must obtain?

Model Rule--Recordkeeping and Reporting

60.2740 What records must I keep?
60.2745 Where and in what format must I keep my records?
60.2750 What reports must I submit?
60.2755 When must I submit my waste management plan?
60.2760 What information must I submit following my initial 
performance test?
60.2765 When must I submit my annual report?
60.2770 What information must I include in my annual report?
60.2775 What else must I report if I have a deviation from the 
operating limits or the emission limitations?
60.2780 What must I include in the deviation report?
60.2785 What else must I report if I have a deviation from the 
requirement to have a qualified operator accessible?
60.2790 Are there any other notifications or reports that I must 
submit?
60.2795 In what form can I submit my reports?
60.2800 Can reporting dates be changed?

Model Rule--Title V Operating Permits

60.2805 Am I required to apply for and obtain a Title V operating 
permit for my unit?

Model Rule--Air Curtain Incinerators

60.2810 What is an air curtain incinerator?
60.2815 What are my requirements for meeting increments of progress 
and achieving final compliance?
60.2820 When must I complete each increment of progress?
60.2825 What must I include in the notifications of achievement of 
increments of progress?
60.2830 When must I submit the notifications of achievement of 
increments of progress?
60.2835 What if I do not meet an increment of progress?
60.2840 How do I comply with the increment of progress for submittal 
of a control plan?
60.2845 How do I comply with the increment of progress for achieving 
final compliance?
60.2850 What must I do if I close my air curtain incinerator and 
then restart it?
60.2855 What must I do if I plan to permanently close my air curtain 
incinerator and not restart it?
60.2860 What are the emission limitations for air curtain 
incinerators?
60.2865 How must I monitor opacity for air curtain incinerators?
60.2870 What are the recordkeeping and reporting requirements for 
air curtain incinerators?

Model Rule--Definitions

60.2875 What definitions must I know?
Table 1 to Subpart DDDD of Part 60--Model Rule--Increments of Progress 
and Compliance Schedules
Table 2 to Subpart DDDD of Part 60--Model Rule--Emission Limitations 
That Apply to Incinerators Before [Date to be specified in state plan]
Table 3 to Subpart DDDD of Part 60--Model Rule--Operating Limits for 
Wet Scrubbers
Table 4 to Subpart DDDD of Part 60--Model Rule--Toxic Equivalency 
Factors
Table 5 to Subpart DDDD of Part 60--Model Rule--Summary of Reporting 
Requirements
Table 6 to Subpart DDDD of Part 60--Model Rule--Emission Limitations 
That Apply to Incinerators on and After [Date to be specified in state 
plan]
Table 7 to Subpart DDDD of Part 60--Model Rule--Emission Limitations 
That Apply to Energy Recovery Units After May 20, 2011 [Date to be 
specified in state plan]
Table 8 to Subpart DDDD of Part 60--Model Rule--Emission Limitations 
That Apply to Waste-Burning Kilns After May 20, 2011 [Date to be 
specified in state plan.]
Table 9 to Subpart DDDD of Part 60--Model Rule--Emission Limitations 
That Apply to Small, Remote Incinerators After May 20, 2011 [Date to be 
specified in state plan]

Subpart DDDD--Emissions Guidelines and Compliance Times for 
Commercial and Industrial Solid Waste Incineration Units

Introduction


Sec.  60.2500  What is the purpose of this subpart?

    This subpart establishes emission guidelines and compliance 
schedules for the control of emissions from commercial and industrial 
solid waste incineration (CISWI) units. The pollutants addressed by 
these emission guidelines are listed in table 2 of this subpart and 
tables 6 through 9 of this subpart. These emission guidelines are 
developed in accordance with sections 111(d) and 129 of the Clean Air 
Act and subpart B of this part.


Sec.  60.2505  Am I affected by this subpart?

    (a) If you are the Administrator of an air quality program in a 
state or United States protectorate with one or more existing CISWI 
units that meet the criteria in paragraphs (b) through (d) of this 
section, you must submit a state plan to U.S. Environmental Protection

[[Page 3057]]

Agency (EPA) that implements the emission guidelines contained in this 
subpart.
    (b) You must submit a state plan to EPA by December 3, 2001 for 
incinerator units that commenced construction on or before November 30, 
1999 and that were not modified or reconstructed after June 1, 2001.
    (c) You must submit a state plan that meets the requirements of 
this subpart and contains the more stringent emission limit for the 
respective pollutant in table 6 of this subpart or table 1 of subpart 
CCCC of this part to EPA by February 7, 2014 for incinerators that 
commenced construction after November 30, 1999, but no later than June 
4, 2010, or commenced modification or reconstruction after June 1, 2001 
but no later than August 7, 2013.
    (d) You must submit a state plan to EPA that meets the requirements 
of this subpart and contains the emission limits in tables 7 through 9 
of this subpart by February 7, 2014, for CISWI units other than 
incinerator units that commenced construction on or before June 4, 
2010, or commenced modification or reconstruction after June 4, 2010 
but no later than August 7, 2013.


Sec.  60.2510  Is a state plan required for all states?

    No. You are not required to submit a state plan if there are no 
existing CISWI units in your state, and you submit a negative 
declaration letter in place of the state plan.


Sec.  60.2515  What must I include in my state plan?

    (a) You must include the nine items described in paragraphs (a)(1) 
through (9) of this section in your state plan.
    (1) Inventory of affected CISWI units, including those that have 
ceased operation but have not been dismantled.
    (2) Inventory of emissions from affected CISWI units in your state.
    (3) Compliance schedules for each affected CISWI unit.
    (4) Emission limitations, operator training and qualification 
requirements, a waste management plan, and operating limits for 
affected CISWI units that are at least as protective as the emission 
guidelines contained in this subpart.
    (5) Performance testing, recordkeeping, and reporting requirements.
    (6) Certification that the hearing on the state plan was held, a 
list of witnesses and their organizational affiliations, if any, 
appearing at the hearing, and a brief written summary of each 
presentation or written submission.
    (7) Provision for state progress reports to EPA.
    (8) Identification of enforceable state mechanisms that you 
selected for implementing the emission guidelines of this subpart.
    (9) Demonstration of your state's legal authority to carry out the 
sections 111(d) and 129 state plan.
    (b) Your state plan may deviate from the format and content of the 
emission guidelines contained in this subpart. However, if your state 
plan does deviate in content, you must demonstrate that your state plan 
is at least as protective as the emission guidelines contained in this 
subpart. Your state plan must address regulatory applicability, 
increments of progress for retrofit, operator training and 
qualification, a waste management plan, emission limitations, 
performance testing, operating limits, monitoring, recordkeeping and 
reporting, and air curtain incinerator requirements.
    (c) You must follow the requirements of subpart B of this part 
(Adoption and Submittal of State Plans for Designated Facilities) in 
your state plan.


Sec.  60.2520  Is there an approval process for my state plan?

    Yes. The EPA will review your state plan according to Sec.  60.27.


Sec.  60.2525  What if my state plan is not approvable?

    (a) If you do not submit an approvable state plan (or a negative 
declaration letter) by December 2, 2002, EPA will develop a federal 
plan according to Sec.  60.27 to implement the emission guidelines 
contained in this subpart. Owners and operators of CISWI units not 
covered by an approved state plan must comply with the federal plan. 
The federal plan is an interim action and will be automatically 
withdrawn when your state plan is approved.
    (b) If you do not submit an approvable state plan (or a negative 
declaration letter) to EPA that meets the requirements of this subpart 
and contains the emission limits in tables 6 through 9 of this subpart 
for CISWI units that commenced construction on or before June 4, 2010 
and incinerator or air curtain incinerator units that commenced 
reconstruction or modification on or after June 1, 2001 but no later 
than August 7, 2013, then EPA will develop a federal plan according to 
Sec.  60.27 to implement the emission guidelines contained in this 
subpart. Owners and operators of CISWI units not covered by an approved 
state plan must comply with the federal plan. The federal plan is an 
interim action and will be automatically withdrawn when your state plan 
is approved.


Sec.  60.2530  Is there an approval process for a negative declaration 
letter?

    No. The EPA has no formal review process for negative declaration 
letters. Once your negative declaration letter has been received, EPA 
will place a copy in the public docket and publish a notice in the 
Federal Register. If, at a later date, an existing CISWI unit is found 
in your state, the federal plan implementing the emission guidelines 
contained in this subpart would automatically apply to that CISWI unit 
until your state plan is approved.


Sec.  60.2535  What compliance schedule must I include in my state 
plan?

    (a) For CISWI units in the incinerator subcategory and air curtain 
incinerators that commenced construction on or before November 30, 
1999, your state plan must include compliance schedules that require 
CISWI units in the incinerator subcategory and air curtain incinerators 
to achieve final compliance as expeditiously as practicable after 
approval of the state plan but not later than the earlier of the two 
dates specified in paragraphs (a)(1) and (2) of this section.
    (1) December 1, 2005.
    (2) Three years after the effective date of state plan approval.
    (b) For CISWI units in the incinerator subcategory and air curtain 
incinerators that commenced construction after November 30, 1999, but 
on or before June 4, 2010 or that commenced reconstruction or 
modification on or after June 1, 2001 but no later than August 7, 2013, 
and for CISWI units in the small remote incinerator, energy recovery 
unit, and waste-burning kiln subcategories that commenced construction 
before June 4, 2010, your state plan must include compliance schedules 
that require CISWI units to achieve final compliance as expeditiously 
as practicable after approval of the state plan but not later than the 
earlier of the two dates specified in paragraphs (b)(1) and (2) of this 
section.
    (1) February 7, 2018.
    (2) Three years after the effective date of State plan approval.
    (c) For compliance schedules more than 1 year following the 
effective date of State plan approval, State plans must include dates 
for enforceable increments of progress as specified in Sec.  60.2580.

[[Page 3058]]

Sec.  60.2540  Are there any State plan requirements for this subpart 
that apply instead of the requirements specified in subpart B?

    Yes. Subpart B establishes general requirements for developing and 
processing section 111(d) plans. This subpart applies instead of the 
requirements in subpart B of this part for paragraphs (a) and (b) of 
this section:
    (a) State plans developed to implement this subpart must be as 
protective as the emission guidelines contained in this subpart. State 
plans must require all CISWI units to comply by the dates specified in 
Sec.  60.2535. This applies instead of the option for case-by-case less 
stringent emission standards and longer compliance schedules in Sec.  
60.24(f).
    (b) State plans developed to implement this subpart are required to 
include two increments of progress for the affected CISWI units. These 
two minimum increments are the final control plan submittal date and 
final compliance date in Sec.  60.21(h)(1) and (5). This applies 
instead of the requirement of Sec.  60.24(e)(1) that would require a 
State plan to include all five increments of progress for all CISWI 
units.


Sec.  60.2541  In lieu of a state plan submittal, are there other 
acceptable option(s) for a state to meet its Clean Air Act section 
111(d)/129(b)(2) obligations?

    Yes, a state may meet its Clean Air Act section 111(d)/129 
obligations by submitting an acceptable written request for delegation 
of the federal plan that meets the requirements of this section. This 
is the only other option for a state to meet its Clean Air Act section 
111(d)/129 obligations.
    (a) An acceptable federal plan delegation request must include the 
following:
    (1) A demonstration of adequate resources and legal authority to 
administer and enforce the federal plan.
    (2) The items under Sec.  60.2515(a)(1), (2) and (7).
    (3) Certification that the hearing on the state delegation request, 
similar to the hearing for a state plan submittal, was held, a list of 
witnesses and their organizational affiliations, if any, appearing at 
the hearing, and a brief written summary of each presentation or 
written submission.
    (4) A commitment to enter into a Memorandum of Agreement with the 
Regional Administrator who sets forth the terms, conditions, and 
effective date of the delegation and that serves as the mechanism for 
the transfer of authority. Additional guidance and information is given 
in EPA's Delegation Manual, Item 7-139, Implementation and Enforcement 
of 111(d)(2) and 111(d)/(2)/129(b)(3) federal plans.
    (b) A state with an already approved CISWI Clean Air Act section 
111(d)/129 state plan is not precluded from receiving EPA approval of a 
delegation request for the revised federal plan, providing the 
requirements of paragraph (a) of this section are met, and at the time 
of the delegation request, the state also requests withdrawal of EPA's 
previous state plan approval.
    (c) A state's Clean Air Act section 111(d)/129 obligations are 
separate from its obligations under Title V of the Clean Air Act.


Sec.  60.2542  What authorities will not be delegated to state, local, 
or tribal agencies?

    The authorities listed under Sec.  60.2030(c) will not be delegated 
to state, local, or tribal agencies.


Sec.  60.2545  Does this subpart directly affect CISWI unit owners and 
operators in my state?

    (a) No. This subpart does not directly affect CISWI unit owners and 
operators in your state. However, CISWI unit owners and operators must 
comply with the state plan you develop to implement the emission 
guidelines contained in this subpart. States may choose to incorporate 
the model rule text directly in their state plan.
    (b) If you do not submit an approvable plan to implement and 
enforce the guidelines contained in this subpart for CISWI units that 
commenced construction before November 30, 1999 by December 2, 2002, 
EPA will implement and enforce a federal plan, as provided in Sec.  
60.2525, to ensure that each unit within your state reaches compliance 
with all the provisions of this subpart by December 1, 2005.
    (c) If you do not submit an approvable plan to implement and 
enforce the guidelines contained in this subpart by February 7, 2014, 
for CISWI units that commenced construction on or before June 4, 2010, 
EPA will implement and enforce a federal plan, as provided in Sec.  
60.2525, to ensure that each unit within your state that commenced 
construction on or before June 4, 2010, reaches compliance with all the 
provisions of this subpart by February 7, 2018.

Applicability of State Plans


Sec.  60.2550  What CISWI units must I address in my state plan?

    (a) Your state plan must address incineration units that meet all 
three criteria described in paragraphs (a)(1) through (3) of this 
section.
    (1) CISWI units and air curtain incinerators in your state that 
commenced construction on or before June 4, 2010, or commenced 
modification or reconstruction after June 4, 2010 but no later than 
August 7, 2013.
    (2) Incineration units that meet the definition of a CISWI unit as 
defined in Sec.  60.2875.
    (3) Incineration units not exempt under Sec.  60.2555.
    (b) If the owner or operator of a CISWI unit or air curtain 
incinerator makes changes that meet the definition of modification or 
reconstruction after August 7, 2013, the CISWI unit becomes subject to 
subpart CCCC of this part and the state plan no longer applies to that 
unit.
    (c) If the owner or operator of a CISWI unit makes physical or 
operational changes to an existing CISWI unit primarily to comply with 
your state plan, subpart CCCC of this part does not apply to that unit. 
Such changes do not qualify as modifications or reconstructions under 
subpart CCCC of this part.


Sec.  60.2555  What combustion units are exempt from my state plan?

    This subpart exempts the types of units described in paragraphs 
(a), (c) through (i), (m), and (n) of this section, but some units are 
required to provide notifications. Air curtain incinerators are exempt 
from the requirements in this subpart except for the provisions in 
Sec. Sec.  60.2805, 60.2860, and 60.2870.
    (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 Sec.  60.2875 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) [Reserved]
    (c) Municipal waste combustion units. Incineration units that are 
subject to subpart Ea of this part (Standards of Performance for 
Municipal Waste Combustors); subpart Eb of this part (Standards of 
Performance for Large Municipal Waste Combustors); subpart Cb of this 
part (Emission Guidelines and Compliance Time for Large Municipal 
Combustors); AAAA of this part

[[Page 3059]]

(Standards of Performance for Small Municipal Waste Combustion Units); 
or subpart BBBB of this part (Emission Guidelines for Small Municipal 
Waste Combustion Units).
    (d) Medical waste incineration units. Incineration units regulated 
under subpart Ec of this part (Standards of Performance for Hospital/
Medical/Infectious Waste Incinerators for Which Construction is 
Commenced After June 20, 1996) or subpart Ca of this part (Emission 
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators).
    (e) Small power production facilities. Units that meet the three 
requirements specified in paragraphs (e)(1) through (e)(4) 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 submit documentation to the Administrator notifying the 
Agency that the qualifying small power production facility is 
combusting homogenous waste.
    (4) You maintain the records specified in Sec.  60.2740(v).
    (f) Cogeneration facilities. Units that meet the three requirements 
specified in paragraphs (f)(1) through (f)(4) 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 submit documentation to the Administrator notifying the 
Agency that the qualifying cogeneration facility is combusting 
homogenous waste.
    (4) You maintain the records specified in Sec.  60.2740(w).
    (g) Hazardous waste combustion units. Units for which you are 
required to get a permit under section 3005 of the Solid Waste Disposal 
Act.
    (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 
only the materials listed in paragraphs (i)(1) through (3) of this 
section are only required to meet the requirements under Sec.  60.2805 
and under ``Air Curtain Incinerators'' (Sec. Sec.  60.2810 through 
60.2870).
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.
    (j)-(l) [Reserved]
    (m) Sewage treatment plants. Incineration units regulated under 
subpart O of this part (Standards of Performance for Sewage Treatment 
Plants).
    (n) Sewage sludge incineration units. Incineration units combusting 
sewage sludge for the purpose of reducing the volume of the sewage 
sludge by removing combustible matter that are subject to subpart LLLL 
of this part (Standards of Performance for Sewage Sludge Incineration 
Units) or subpart MMMM of this part (Emission Guidelines for Sewage 
Sludge Incineration Units).
    (o) Other solid waste incineration units. Incineration units that 
are subject to subpart EEEE of this part (Standards of Performance for 
Other Solid Waste Incineration Units) or subpart FFFF of this part 
(Emission Guidelines and Compliance Times for Other Solid Waste 
Incineration Units).

Use of Model Rule


Sec.  60.2560  What is the ``model rule'' in this subpart?

    (a) The model rule is the portion of these emission guidelines 
(Sec. Sec.  60.2575 through 60.2875) that addresses the regulatory 
requirements applicable to CISWI units. The model rule provides these 
requirements in regulation format. You must develop a state plan that 
is at least as protective as the model rule. You may use the model rule 
language as part of your state plan. Alternative language may be used 
in your state plan if you demonstrate that the alternative language is 
at least as protective as the model rule contained in this subpart.
    (b) In the model rule of Sec. Sec.  60.2575 to 60.2875, ``you'' 
means the owner or operator of a CISWI unit.


Sec.  60.2565  How does the model rule relate to the required elements 
of my state plan?

    Use the model rule to satisfy the state plan requirements specified 
in Sec.  60.2515(a)(4) and (5).


Sec.  60.2570  What are the principal components of the model rule?

    The model rule 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.

Model Rule--Increments of Progress


Sec.  60.2575  What are my requirements for meeting increments of 
progress and achieving final compliance?

    If you plan to achieve compliance more than 1 year following the 
effective date of state plan approval, you must meet the two increments 
of progress specified in paragraphs (a) and (b) of this section.
    (a) Submit a final control plan.
    (b) Achieve final compliance.


Sec.  60.2580  When must I complete each increment of progress?

    Table 1 of this subpart specifies compliance dates for each of the 
increments of progress.


Sec.  60.2585  What must I include in the notifications of achievement 
of increments of progress?

    Your notification of achievement of increments of progress must 
include the three items specified in paragraphs (a) through (c) of this 
section.
    (a) Notification 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.


Sec.  60.2590  When must I submit the notifications of achievement of 
increments of progress?

    Notifications for achieving increments of progress must be 
postmarked no later than 10 business days after the compliance date for 
the increment.


Sec.  60.2595  What if I do not meet an increment of progress?

    If you fail to meet an increment of progress, you must submit a 
notification to the Administrator postmarked within 10 business days 
after the date for that increment of progress in table 1 of this 
subpart. You must inform the Administrator that you did not meet the 
increment, and you must continue to submit reports each subsequent 
calendar month until the increment of progress is met.


Sec.  60.2600  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

[[Page 3060]]

requirements specified in paragraphs (a) and (b) of this section.
    (a) Submit the final control plan that includes the five items 
described in paragraphs (a)(1) through (5) 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 site-specific operating limits 
under Sec.  60.2680.
    (b) Maintain an onsite copy of the final control plan.


Sec.  60.2605  How do I comply with the increment of progress for 
achieving final compliance?

    For the final compliance increment of progress, you must complete 
all process changes and 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.


Sec.  60.2610  What must I do if I close my CISWI unit and then restart 
it?

    (a) If you close your CISWI unit but will restart it prior to the 
final compliance date in your state plan, you must meet the increments 
of progress specified in Sec.  60.2575.
    (b) If you close your CISWI unit but will restart it after your 
final compliance date, you must complete emission control retrofits and 
meet the emission limitations and operating limits on the date your 
unit restarts operation.


Sec.  60.2615  What must I do if I plan to permanently close my CISWI 
unit and not restart it?

    If you plan to close your CISWI unit rather than comply with the 
state plan, submit a closure notification, including the date of 
closure, to the Administrator by the date your final control plan is 
due.

Model Rule--Waste Management Plan


Sec.  60.2620  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.


Sec.  60.2625  When must I submit my waste management plan?

    You must submit a waste management plan no later than the date 
specified in table 1 of this subpart for submittal of the final control 
plan.


Sec.  60.2630  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.

Model Rule--Operator Training and Qualification


Sec.  60.2635  What are the operator training and qualification 
requirements?

    (a) No CISWI unit can be operated unless a fully trained and 
qualified CISWI unit operator is accessible, either at the facility or 
can be at the facility within 1 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 Sec.  60.2665.
    (b) Operator training and qualification must be obtained through a 
state-approved 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 eleven subjects listed in paragraphs (c)(1)(i) 
through (xi) 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 (if applicable).
    (vi) Inspection and maintenance of the incinerator and air 
pollution control devices.
    (vii) Actions to prevent and correct malfunctions or to prevent 
conditions that may lead to malfunctions.
    (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.
    (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.


Sec.  60.2640  When must the operator training course be completed?

    The operator training course must be completed by the later of the 
three dates specified in paragraphs (a) through (c) of this section.
    (a) The final compliance date (Increment 2).
    (b) Six months after CISWI unit startup.
    (c) Six months after an employee assumes responsibility for 
operating the CISWI unit or assumes responsibility for supervising the 
operation of the CISWI unit.


Sec.  60.2645  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec.  60.2635(b).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the 
examination required under Sec.  60.2635(c)(2).


Sec.  60.2650  How do I maintain my operator qualification?

    To maintain qualification, you must complete an annual review or 
refresher course 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) Prevention and correction of malfunctions or conditions that 
may lead to malfunction.
    (e) Discussion of operating problems encountered by attendees.


Sec.  60.2655  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two 
methods

[[Page 3061]]

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 Sec.  60.2650.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  60.2645(a).


Sec.  60.2660  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 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 Sec. Sec.  60.2620 
through 60.2630.
    (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 incinerator operator.
    (1) The initial review of the information listed in paragraph (a) 
of this section must be conducted by the later of the three dates 
specified in paragraphs (b)(1)(i) through (iii) of this section.
    (i) The final compliance date (Increment 2).
    (ii) Six months after CISWI unit startup.
    (iii) Six 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 CISWI unit operators who have 
completed review of the information in Sec.  60.2660(a) as required by 
Sec.  60.2660(b), including the date of the initial review and all 
subsequent annual reviews.
    (2) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec.  60.2635, met 
the criteria for qualification under Sec.  60.2645, and maintained or 
renewed their qualification under Sec.  60.2650 or Sec.  60.2655. 
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.


Sec.  60.2665  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 Sec.  60.2660(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 Sec.  60.2770.
    (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 Sec.  
60.2635(a).
    (ii) You notify the Administrator that a qualified operator is 
accessible and that you are resuming operation.

Model Rule--Emission Limitations and Operating Limits


Sec.  60.2670  What emission limitations must I meet and by when?

    (a) You must meet the emission limitations for each CISWI unit, 
including bypass stack or vent, specified in table 2 of this subpart or 
tables 6 through 9 of this subpart by the final compliance date under 
the approved state plan, federal plan, or delegation, as applicable. 
The emission limitations apply at all times the unit is operating 
including and not limited to startup, shutdown, or malfunction.
    (b) Units that do not use wet scrubbers must maintain opacity to 
less than or equal to the percent opacity (three 1-hour blocks 
consisting of ten 6-minute average opacity values) specified in table 2 
of this subpart, as applicable.


Sec.  60.2675  What operating limits must I meet and by when?

    (a) If you use a wet scrubber(s) to comply with the emission 
limitations, you must establish operating limits for up to four 
operating parameters (as specified in table 3 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 particulate matter 
scrubber, which is calculated as the lowest 1-hour average pressure 
drop across the wet scrubber measured during the most recent 
performance test demonstrating

[[Page 3062]]

compliance with the particulate matter emission limitations; or minimum 
amperage to the wet scrubber, which is calculated as the lowest 1-hour 
average amperage to the wet scrubber measured during the most recent 
performance test demonstrating compliance with the particulate matter 
emission limitations.
    (3) Minimum scrubber liquid flow rate, which is calculated as the 
lowest 1-hour average liquid flow rate at the inlet to the wet acid gas 
or particulate matter scrubber measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations.
    (4) Minimum scrubber liquor pH, which is calculated as the lowest 
1-hour average liquor pH at the inlet to the wet acid gas scrubber 
measured during the most recent performance test demonstrating 
compliance with the HCl 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). You must conduct an 
initial performance evaluation of each continuous monitoring system and 
continuous parameter monitoring system within 60 days of installation 
of the monitoring system.
    (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 a 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.
    (d) If you use an electrostatic precipitator to comply with the 
emission limitations, you must measure the (secondary) voltage and 
amperage of the electrostatic precipitator collection plates during the 
particulate matter performance test. Calculate the average electric 
power value (secondary voltage x secondary current = secondary electric 
power) for each test run. The operating limit for the electrostatic 
precipitator is calculated as the lowest 1-hour average secondary 
electric power measured during the most recent performance test 
demonstrating compliance with the particulate matter emission 
limitations.
    (e) If you use activated carbon sorbent injection to comply with 
the emission limitations, you must measure the sorbent flow rate during 
the performance testing. The operating limit for the carbon sorbent 
injection is calculated as the lowest 1-hour average sorbent flow rate 
measured during the most recent performance test demonstrating 
compliance with the mercury emission limitations. For energy recovery 
units, when your unit operates at lower loads, multiply your sorbent 
injection rate by the load fraction, as defined in this subpart, to 
determine the required injection rate (e.g., for 50 percent load, 
multiply the injection rate operating limit by 0.5).
    (f) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must measure the charge rate, the secondary 
chamber temperature (if applicable to your CISWI unit), and the reagent 
flow rate during the nitrogen oxides performance testing. The operating 
limits for the selective noncatalytic reduction are calculated as the 
highest 1-hour average charge rate, lowest secondary chamber 
temperature, and lowest reagent flow rate measured during the most 
recent performance test demonstrating compliance with the nitrogen 
oxides emission limitations.
    (g) If you use a dry scrubber to comply with the emission 
limitations, you must measure the injection rate of each sorbent during 
the performance testing. The operating limit for the injection rate of 
each sorbent is calculated as the lowest 1-hour average injection rate 
of each sorbent measured during the most recent performance test 
demonstrating compliance with the hydrogen chloride emission 
limitations. For energy recovery units, when your unit operates at 
lower loads, multiply your sorbent injection rate by the load fraction, 
as defined in this subpart, to determine the required injection rate 
(e.g., for 50 percent load, multiply the injection rate operating limit 
by 0.5).
    (h) If you do not use a wet scrubber, electrostatic precipitator, 
or fabric filter to comply with the emission limitations, and if you do 
not determine compliance with your particulate matter emission 
limitation with a particulate matter CEMS, you must maintain opacity to 
less than or equal to ten percent opacity (1-hour block average).
    (i) If you use a PM CPMS to demonstrate compliance, you must 
establish your PM CPMS operating limit and determine compliance with it 
according to paragraphs (i)(1) through (5) of this section.
    (1) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
all hourly average output values (milliamps, or the digital signal 
equivalent) from the PM CPMS for the periods corresponding to the test 
runs (e.g., three 1-hour average PM CPMS output values for three 1-hour 
test runs).
    (i) Your PM CPMS must provide a 4-20 milliamp output, or the 
digital signal equivalent, and the establishment of its relationship to 
manual reference method measurements must be determined in units of 
milliamps or digital bits.
    (ii) Your PM CPMS operating range must be capable of reading PM 
concentrations from zero to a level equivalent to at least two times 
your allowable emission limit. If your PM CPMS is an auto-ranging 
instrument capable of multiple scales, the primary range of the 
instrument must be capable of reading PM concentration from zero to a 
level equivalent to two times your allowable emission limit.
    (iii) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, record 
and average all milliamp output values, or their digital equivalent, 
from the PM CPMS for the periods corresponding to the compliance test 
runs (e.g., average all your PM CPMS output values for three 
corresponding 2-hour Method 5I test runs).
    (2) If the average of your three PM performance test runs are below 
75 percent of your PM emission limit, you must calculate an operating 
limit by establishing a relationship of PM CPMS signal to PM 
concentration using the PM CPMS instrument zero, the average PM CPMS 
values corresponding to the three compliance test runs, and the average 
PM concentration from the Method 5 or performance test with the 
procedures in (i)(1)through (5) of this section.
    (i) Determine your instrument zero output with one of the following 
procedures:
    (A) Zero point data for in-situ instruments should be obtained by 
removing the instrument from the stack and monitoring ambient air on a 
test bench.
    (B) Zero point data for extractive instruments should be obtained 
by removing the extractive probe from the stack and drawing in clean 
ambient air.
    (C) The zero point can also can be established obtained by 
performing manual reference method measurements when the flue gas is 
free of PM emissions or contains very low PM concentrations (e.g., when 
your process is not operating, but the fans are operating or your 
source is combusting only natural gas) and plotting these with the 
compliance data to find the zero intercept.

[[Page 3063]]

    (D) If none of the steps in paragraphs (i)(2)(i)(A) through 
(i)(2)(i)(C) of this section are possible, you must use a zero output 
value provided by the manufacturer.
    (ii) Determine your PM CPMS instrument average in milliamps, or the 
digital equivalent, and the average of your corresponding three PM 
compliance test runs, using equation 1.
[GRAPHIC] [TIFF OMITTED] TP21JA15.014


Where:

X1 = the PM CPMS data points for the three runs 
constituting the performance test,
Y1 = the PM concentration value for the three runs 
constituting the performance test, and
n = the number of data points.

    (iii) With your instrument zero expressed in milliamps, or the 
digital equivalent, your three run average PM CPMS milliamp or digital 
value, and your three run average PM concentration from your three 
compliance tests, determine a relationship of mg/dscm per milliamp, or 
per digital signal equivalent, with equation 2.
[GRAPHIC] [TIFF OMITTED] TP21JA15.015


Where:

R = the relative mg/dscm per milliamp, or the digital equivalent, 
for your PM CPMS,
Y1 = the three run average mg/dscm PM concentration,
X1 = the three run average milliamp output, or the 
digital equivalent, from you PM CPMS, and
z = the milliamp or digital signal equivalent of your instrument 
zero determined from paragraph (i)(2)(i) of this section.

    (iv) Determine your source specific 30-day rolling average 
operating limit using the mg/dscm per milliamp value, or per digital 
signal equivalent, from equation 2 in equation 3, below. This sets your 
operating limit at the PM CPMS output value corresponding to 75 percent 
of your emission limit.
[GRAPHIC] [TIFF OMITTED] TP21JA15.016


Where:

Ol = the operating limit for your PM CPMS on a 30-day 
rolling average, in milliamps or digital bits.
L = your source emission limit expressed in mg/dscm,
z = your instrument zero in milliamps or digital bits, determined 
from paragraph (i)(2)(i) of this section, and
R = the relative mg/dscm per milliamp, or per digital bits, for your 
PM CPMS, from equation 2.

    (3) If the average of your three PM compliance test runs is at or 
above 75 percent of your PM emission limit you must determine your 
operating limit by averaging the PM CPMS milliamp or digital signal 
output corresponding to your three PM performance test runs that 
demonstrate compliance with the emission limit using equation 4 and you 
must submit all compliance test and PM CPMS data according to the 
reporting requirements in paragraph (i)(5) of this section.
[GRAPHIC] [TIFF OMITTED] TP21JA15.017


Where:

X1 = the PM CPMS data points for all runs i,
n = the number of data points, and
Oh = your site specific operating limit, in milliamps or 
digital bits.

    (4) To determine continuous compliance, you must record the PM CPMS 
output data for all periods when the process is operating and the PM 
CPMS is not out-of-control. You must demonstrate continuous compliance 
by using all quality-assured hourly average data collected by the PM 
CPMS for all operating hours to calculate the arithmetic average 
operating parameter in units of the operating limit (e.g., milliamps or 
digital bits, PM concentration, raw data signal) on a 30-day rolling 
average basis.
    (5) For PM performance test reports used to set a PM CPMS operating 
limit, the electronic submission of the test report must also include 
the make and model of the PM CPMS instrument, serial number of the 
instrument, analytical principle of the instrument (e.g., beta 
attenuation), span of the instruments primary analytical range, 
milliamp or digital signal value equivalent to the instrument zero 
output, technique by which this zero value was determined, and the 
average milliamp or digital signals corresponding to each PM compliance 
test run.


Sec.  60.2680  What if I do not use a wet scrubber, fabric filter, 
activated carbon injection, selective noncatalytic reduction, an 
electrostatic precipitator, or a dry scrubber to comply with the 
emission limitations?

    (a) If you use an air pollution control device other than a wet 
scrubber, activated carbon injection, selective noncatalytic reduction, 
fabric filter, an electrostatic precipitator, or a dry scrubber or 
limit emissions in some other manner, including mass balances, to 
comply with the emission limitations under Sec.  60.2670, you must 
petition the

[[Page 3064]]

EPA Administrator for specific operating limits to be established 
during the initial performance test and continuously monitored 
thereafter. You must submit the petition at least sixty days before the 
performance test is scheduled to begin. Your petition must include the 
five items listed in paragraphs (a)(1) through (5) of this section.
    (1) Identification of the specific parameters you propose to use as 
additional operating limits.
    (2) 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.
    (3) 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.
    (4) 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.
    (5) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.
    (b) [Reserved]

Model Rule--Performance Testing


Sec.  60.2690  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 Sec.  60.2740(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 tables 2 and 6 through 9 of this subpart.
    (d) Method 1 of appendix A of this part must be used to select the 
sampling location and number of traverse points.
    (e) Method 3A or 3B of appendix A of this part must be used for gas 
composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of appendix A of this part must be used simultaneously 
with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TP21JA15.018


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 (4) of this 
section.
    (1) Measure the concentration of each dioxin/furan tetra- through 
octa-isomer emitted using EPA Method 23 at 40 CFR part 60, appendix A.
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet 
identification criteria 1 and 7. You must quantify the isomers per 
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot 
or split to reduce the number of isomers not meeting identification 
criteria 1 or 7 of Section 5.3.2.5.)
    (3) For each dioxin/furan (tetra- through octa-chlorinated) isomer 
measured in accordance with paragraph (g)(1) and (2) of this section, 
multiply the isomer concentration by its corresponding toxic 
equivalency factor specified in table 4 of this subpart.
    (4) Sum the products calculated in accordance with paragraph (g)(3) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.
    (h) Method 22 at 40 CFR part 60, appendix A-7 must be used to 
determine compliance with the fugitive ash emission limit in table 2 of 
this subpart or tables 6 through 9 of this subpart.
    (i) If you have an applicable opacity operating limit, you must 
determine compliance with the opacity limit using Method 9 at 40 CFR 
part 60, appendix A-4, based on three 1-hour blocks consisting of ten 
6-minute average opacity values, unless you are required to install a 
continuous opacity monitoring system, consistent with Sec.  60.2710 and 
Sec.  60.2730.
    (j) You must determine dioxins/furans total mass basis by following 
the procedures in paragraphs (j)(1) through (3) of this section.
    (1) Measure the concentration of each dioxin/furan tetra- through 
octa-chlorinated isomer emitted using EPA Method 23 at 40 CFR part 60, 
appendix A-7.
    (2) Quantify isomers meeting identification criteria 2, 3, 4, and 5 
in Section 5.3.2.5 of Method 23, regardless of whether the isomers meet 
identification criteria 1 and 7. You must quantify the isomers per 
Section 9.0 of Method 23. (Note: You may reanalyze the sample aliquot 
or split to reduce the number of isomers not meeting identification 
criteria 1 or 7 of Section 5.3.2.5.)
    (3) Sum the quantities measured in accordance with paragraphs 
(j)(1) and (2) of this section to obtain the total concentration of 
dioxins/furans emitted in terms of total mass basis.


Sec.  60.2695  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in table 2 of this subpart or tables 6 through 
9 of this subpart.

Model Rule--Initial Compliance Requirements


Sec.  60.2700  How do I demonstrate initial compliance with the amended 
emission limitations and establish the operating limits?

    You must conduct a performance test, as required under Sec. Sec.  
60.2690 and 60.2670, to determine compliance with the emission 
limitations in table 2 of this subpart and tables 6 through 9 of this 
subpart, to establish compliance with any opacity operating limits in 
Sec.  60.2675, to establish the kiln-specific emission limit in Sec.  
60.2710(y), as applicable, and to establish operating limits using the 
procedures in Sec.  60.2675 or Sec.  60.2680. The performance test must 
be conducted using the test methods listed in table 2 of this subpart 
and tables 6 through 9 of this subpart and the procedures in Sec.  
60.2690. The use of the bypass stack during a performance test shall 
invalidate the performance test. You must conduct a performance 
evaluation of each continuous

[[Page 3065]]

monitoring system within 60 days of installation of the monitoring 
system.


Sec.  60.2705  By what date must I conduct the initial performance 
test?

    (a) The initial performance test must be conducted no later than 
180 days after your final compliance date. Your final compliance date 
is specified in table 1 of this subpart.
    (b) If you commence or recommence combusting a solid waste at an 
existing combustion unit at any commercial or industrial facility and 
you conducted a test consistent with the provisions of this subpart 
while combusting the given solid waste within the 6 months preceding 
the reintroduction of that solid waste in the combustion chamber, you 
do not need to retest until 6 months from the date you reintroduce that 
solid waste.
    (c) If you commence or recommence combusting a solid waste at an 
existing combustion unit at any commercial or industrial facility and 
you have not conducted a performance test consistent with the 
provisions of this subpart while combusting the given solid waste 
within the 6 months preceding the reintroduction of that solid waste in 
the combustion chamber, you must conduct a performance test within 60 
days from the date you reintroduce solid waste.


Sec.  60.2706  By what date must I conduct the initial air pollution 
control device inspection?

    (a) The initial air pollution control device inspection must be 
conducted within 60 days after installation of the control device and 
the associated CISWI unit reaches the charge rate at which it will 
operate, but no later than 180 days after the final compliance date for 
meeting the amended emission limitations.
    (b) Within 10 operating days following an air pollution control 
device inspection, all necessary repairs must be completed unless the 
owner or operator obtains written approval from the state agency 
establishing a date whereby all necessary repairs of the designated 
facility must be completed.

Model Rule--Continuous Compliance Requirements


Sec.  60.2710  How do I demonstrate continuous compliance with the 
amended emission limitations and the operating limits?

    (a) Compliance with standards. (1) The emission standards and 
operating requirements set forth in this subpart apply at all times.
    (2) If you cease combusting solid waste you may opt to remain 
subject to the provisions of this subpart. Consistent with the 
definition of CISWI unit, you are subject to the requirements of this 
subpart at least 6 months following the last date of solid waste 
combustion. Solid waste combustion is ceased when solid waste is not in 
the combustion chamber (i.e., the solid waste feed to the combustor has 
been cut off for a period of time not less than the solid waste 
residence time).
    (3) If you cease combusting solid waste you must be in compliance 
with any newly applicable standards on the effective date of the waste-
to-fuel switch. The effective date of the waste-to-fuel switch is a 
date selected by you, that must be at least 6 months from the date that 
you ceased combusting solid waste, consistent with Sec.  60.2710(a)(2). 
Your source must remain in compliance with this subpart until the 
effective date of the waste-to-fuel switch.
    (4) If you own or operate an existing commercial or industrial 
combustion unit that combusted a fuel or non-waste material, and you 
commence or recommence combustion of solid waste, you are subject to 
the provisions of this subpart as of the first day you introduce or 
reintroduce solid waste to the combustion chamber, and this date 
constitutes the effective date of the fuel-to-waste switch. You must 
complete all initial compliance demonstrations for any Section 112 
standards that are applicable to your facility before you commence or 
recommence combustion of solid waste. You must provide 30 days prior 
notice of the effective date of the waste-to-fuel switch. The 
notification must identify:
    (i) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that will cease burning 
solid waste, and the date of the notice;
    (ii) The currently applicable subcategory under this subpart, and 
any 40 CFR part 63 subpart and subcategory that will be applicable 
after you cease combusting solid waste;
    (iii) The fuel(s), non-waste material(s) and solid waste(s) the 
CISWI unit is currently combusting and has combusted over the past 6 
months, and the fuel(s) or non-waste materials the unit will commence 
combusting;
    (iv) The date on which you became subject to the currently 
applicable emission limits;
    (v) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (a)(2) and (3) of this section.
    (5) All air pollution control equipment necessary for compliance 
with any newly applicable emissions limits which apply as a result of 
the cessation or commencement or recommencement of combusting solid 
waste must be installed and operational as of the effective date of the 
waste-to-fuel, or fuel-to-waste switch.
    (6) All monitoring systems necessary for compliance with any newly 
applicable monitoring requirements which apply as a result of the 
cessation or commencement or recommencement of combusting solid waste 
must be installed and operational as of the effective date of the 
waste-to-fuel, or fuel-to-waste switch. All calibration and drift 
checks must be performed as of the effective date of the waste-to-fuel, 
or fuel-to-waste switch. Relative accuracy tests must be performed as 
of the performance test deadline for PM CEMS (if PM CEMS are elected to 
demonstrate continuous compliance with the particulate matter emission 
limits). Relative accuracy testing for other CEMS need not be repeated 
if that testing was previously performed consistent with section 112 
monitoring requirements or monitoring requirements under this subpart.
    (b) You must conduct an annual performance test for the pollutants 
listed in table 2 of this subpart or tables 6 through 9 of this subpart 
and opacity for each CISWI unit as required under Sec.  60.2690. The 
annual performance test must be conducted using the test methods listed 
in table 2 of this subpart or tables 6 through 9 of this subpart and 
the procedures in Sec.  60.2690. Opacity must be measured using EPA 
Reference Method 9 at 40 CFR part 60. Annual performance tests are not 
required if you use CEMS or continuous opacity monitoring systems to 
determine compliance.
    (c) You must continuously monitor the operating parameters 
specified in Sec.  60.2675 or established under Sec.  60.2680 and as 
specified in Sec.  60.2735. Operation above the established maximum or 
below the established minimum operating limits constitutes a deviation 
from the established operating limits. Three-hour block average values 
are used to determine compliance (except for baghouse leak detection 
system alarms) unless a different averaging period is established under 
Sec.  60.2680 or, for energy recovery units, where the averaging time 
for each operating parameter is a 30-day rolling, calculated each hour 
as the average of the previous 720 operating hours over the previous 30 
days of operation. Operation above the established maximum, below the 
established minimum, or outside the allowable range of the operating 
limits specified in paragraph (a) of this section

[[Page 3066]]

constitutes a deviation from your operating limits established under 
this subpart, except during performance tests conducted to determine 
compliance with the emission and operating limits or to establish new 
operating limits. Operating limits are confirmed or reestablished 
during performance tests.
    (d) You must burn only the same types of waste and fuels used to 
establish subcategory applicability (for ERUs) and operating limits 
during the performance test.
    (e) For energy recovery units, incinerators, and small remote 
units, you must perform annual visual emissions test for ash handling.
    (f) For energy recovery units, you must conduct an annual 
performance test for opacity using EPA Reference Method 9 at 40 CFR 
part 60 (except where particulate matter continuous monitoring system 
or continuous parameter monitoring systems are used) and the pollutants 
listed in table 7 of this subpart.
    (g) For facilities using a CEMS to demonstrate compliance with the 
carbon monoxide emission limit, compliance with the carbon monoxide 
emission limit may be demonstrated by using the CEMS according to the 
following requirements:
    (1) You must measure emissions according to Sec.  60.13 to 
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen. 
CEMS data during startup and shutdown, as defined in this subpart, are 
not corrected to 7 percent oxygen, and are measured at stack oxygen 
content. You must demonstrate initial compliance with the carbon 
monoxide emissions limit using a 30-day rolling average of the 1-hour 
arithmetic average emission concentrations, including CEMS data during 
startup and shutdown as defined in this subpart, calculated using 
equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR 
part 60, appendix A-7.
    (2) Operate the carbon monoxide continuous emissions monitoring 
system in accordance with the applicable requirements of performance 
specification 4A of appendix B and the quality assurance procedures of 
appendix F of this part.
    (h) Coal and liquid/gas energy recovery units with annual average 
heat input rates greater than 250 MMBtu/hr may elect to demonstrate 
continuous compliance with the particulate matter emissions limit using 
a particulate matter CEMS according to the procedures in Sec.  
60.2730(n) instead of the continuous parameter monitoring system 
specified in Sec.  60.2710(i). Coal and liquid/gas energy recovery 
units with annual average heat input rates less than 250 MMBtu/hr, 
incinerators, and small remote incinerators may also elect to 
demonstrate compliance using a particulate matter CEMS according to the 
procedures in Sec.  60.2730(n) instead of particulate matter testing 
with EPA Method 5 at 40 CFR part 60, appendix A-3 and, if applicable, 
the continuous opacity monitoring requirements in paragraph (i) of this 
section.
    (i) For energy recovery units with annual average heat input rates 
greater than or equal to 10 MMBTU/hour but less than 250 MMBtu/hr you 
must install, operate, certify and maintain a continuous opacity 
monitoring system (COMS) according to the procedures in Sec.  60.2730.
    (j) For waste-burning kilns, you must conduct an annual performance 
test for the pollutants (except mercury and particulate matter, and 
hydrogen chloride if no acid gas wet scrubber is used) listed in table 
8 of this subpart. If your waste-burning kiln is not equipped with a 
wet scrubber or dry scrubber, you must determine compliance with the 
hydrogen chloride emission limit using a CEMS as specified in Sec.  
60.2730. You must determine compliance with particulate matter using 
CPMS. You must determine compliance with the mercury emissions limit 
using a mercury CEMS according to the following requirements:
    (1) Operate a CEMS in accordance with performance specification 12A 
at 40 CFR part 60, appendix B or a sorbent trap based integrated 
monitor in accordance with performance specification 12B at 40 CFR part 
60, appendix B. The duration of the performance test must be a calendar 
month. For each calendar month in which the waste-burning kiln 
operates, hourly mercury concentration data and stack gas volumetric 
flow rate data must be obtained. You must demonstrate compliance with 
the mercury emissions limit using a 30-day rolling average of these 1-
hour mercury concentrations, including CEMS data during startup and 
shutdown as defined in this subpart, calculated using equation 19-19 in 
section 12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix 
A-7 of this part. CEMS data during startup and shutdown, as defined in 
this subpart, are not corrected to 7 percent oxygen, and are measured 
at stack oxygen content.
    (2) Owners or operators using a mercury continuous emissions 
monitoring systems must install, operate, calibrate and maintain an 
instrument for continuously measuring and recording the mercury mass 
emissions rate to the atmosphere according to the requirements of 
performance specifications 6 and 12A at 40 CFR part 60, appendix B and 
quality assurance procedure 5 at 40 CFR part 60, appendix F.
    (3) The owner or operator of a waste-burning kiln must demonstrate 
initial compliance by operating a mercury CEMS while the raw mill of 
the in-line kiln/raw mill is operating under normal conditions and 
including at least one period when the raw mill is off.
    (k) If you use an air pollution control device to meet the emission 
limitations in this subpart, you must conduct an initial and annual 
inspection of the air pollution control device. The inspection must 
include, at a minimum, the following:
    (1) Inspect air pollution control device(s) for proper operation.
    (2) Develop a site-specific monitoring plan according to the 
requirements in paragraph (l) of this section. This requirement also 
applies to you if you petition the EPA Administrator for alternative 
monitoring parameters under Sec.  60.13(i).
    (l) For each CMS required in this section, you must develop and 
submit to the EPA Administrator for approval a site-specific monitoring 
plan according to the requirements of this paragraph (l) that addresses 
paragraphs (l)(1)(i) through (vi) of this section.
    (1) You must submit this site-specific monitoring plan at least 60 
days before your initial performance evaluation of your continuous 
monitoring system.
    (i) Installation of the continuous monitoring system sampling probe 
or other interface at a measurement location relative to each affected 
process unit such that the measurement is representative of control of 
the exhaust emissions (e.g., on or downstream of the last control 
device).
    (ii) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer 
and the data collection and reduction systems.
    (iii) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (iv) Ongoing operation and maintenance procedures in accordance 
with the general requirements of Sec.  60.11(d).
    (v) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  60.13.
    (vi) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  60.7(b), (c), (c)(1), (c)(4), 
(d), (e), (f) and (g).
    (2) You must conduct a performance evaluation of each continuous

[[Page 3067]]

monitoring system in accordance with your site-specific monitoring 
plan.
    (3) You must operate and maintain the continuous monitoring system 
in continuous operation according to the site-specific monitoring plan.
    (m) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs (l) and 
(m)(1) through (4) of this section.
    (1) Install the flow sensor and other necessary equipment in a 
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity at full scale 
of no greater than 2 percent.
    (3) Minimize the effects of swirling flow or abnormal velocity 
distributions due to upstream and downstream disturbances.
    (4) Conduct a flow monitoring system performance evaluation in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than annually.
    (n) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in 
paragraphs (l) and (n)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., PM scrubber pressure 
drop).
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1 percent of the 
pressure monitoring system operating range, whichever is less.
    (4) Perform checks at the frequency outlined in your site-specific 
monitoring plan to ensure pressure measurements are not obstructed 
(e.g., check for pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in your monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (o) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (l) and (o)(1) 
through (4) of this section.
    (1) Install the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Conduct a performance evaluation of the pH monitoring system in 
accordance with your monitoring plan at least once each process 
operating day.
    (4) Conduct a performance evaluation (including a two-point 
calibration with one of the two buffer solutions having a pH within 1 
of the pH of the operating limit) of the pH monitoring system in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than quarterly.
    (p) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator, you 
must meet the requirements in paragraphs (l) and (p)(1) through (2) of 
this section.
    (1) Install sensors to measure (secondary) voltage and current to 
the precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time 
of each performance test but no less frequently than annually.
    (q) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper, or hopper flow measurement device), you must meet the 
requirements in paragraphs (l) and (q)(1) through (3) of this section.
    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time 
of each performance test but no less frequently than annually.
    (r) If you elect to use a fabric filter bag leak detection system 
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 (l) and (r)(1) through (5) of this 
section.
    (1) Install a bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent, or compartment (e.g., for a 
positive pressure fabric filter) of the fabric filter.
    (2) Use a bag leak detection system certified by the manufacturer 
to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (3) Conduct a performance evaluation of the bag leak detection 
system in accordance with your monitoring plan and consistent with the 
guidance provided in EPA-454/R-98-015 (incorporated by reference, see 
Sec.  60.17).
    (4) Use a bag leak detection system equipped with a device to 
continuously record the output signal from the sensor.
    (5) Use a bag leak detection system equipped with a system that 
will sound an alarm when an increase in relative particulate matter 
emissions over a preset level is detected. The alarm must be located 
where it is observed readily by plant operating personnel.
    (s) For facilities using a CEMS to demonstrate compliance with the 
sulfur dioxide emission limit, compliance with the sulfur dioxide 
emission limit may be demonstrated by using the CEMS specified in Sec.  
60.2730 to measure sulfur dioxide. CEMS data during startup and 
shutdown, as defined in this subpart, are not corrected to 7 percent 
oxygen, and are measured at stack oxygen content. You must calculate a 
30-day rolling average of the 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown as 
defined in this subpart, using equation 19-19 in section 12.4.1 of EPA 
Reference Method 19 at 40 CFR part 60, appendix A-7. The sulfur dioxide 
CEMS must be operated according to performance specification 2 in 
appendix B of this part and must follow the procedures and methods 
specified in this paragraph(s). For sources that have actual inlet 
emissions less than 100 parts per million dry volume, the relative 
accuracy criterion for inlet sulfur dioxide CEMS should be no greater 
than 20 percent of the mean value of the reference method test data in 
terms of the units of the emission standard, or 5 parts per million dry 
volume absolute value of the mean difference between the reference 
method and the CEMS, whichever is greater.
    (1) During each relative accuracy test run of the CEMS required by 
performance specification 2 in appendix B of this part, collect sulfur 
dioxide and oxygen (or carbon dioxide) data concurrently (or within a 
30- to 60-minute period) with both the CEMS and the test methods 
specified in paragraphs (s)(1)(i) and (ii) of this section.
    (i) For sulfur dioxide, EPA Reference Method 6 or 6C, or as an 
alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see 
Sec.  60.17) must be used.

[[Page 3068]]

    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by 
reference, see Sec.  60.17), as applicable, must be used.
    (2) The span value of the CEMS at the inlet to the sulfur dioxide 
control device must be 125 percent of the maximum estimated hourly 
potential sulfur dioxide emissions of the unit subject to this rule. 
The span value of the CEMS at the outlet of the sulfur dioxide control 
device must be 50 percent of the maximum estimated hourly potential 
sulfur dioxide emissions of the unit subject to this rule.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (t) For facilities using a CEMS to demonstrate continuous 
compliance with the nitrogen oxides emission limit, compliance with the 
nitrogen oxides emission limit may be demonstrated by using the CEMS 
specified in Sec.  60.2730 to measure nitrogen oxides. CEMS data during 
startup and shutdown, as defined in this subpart, are not corrected to 
7 percent oxygen, and are measured at stack oxygen content. You must 
calculate a 30-day rolling average of the 1-hour arithmetic average 
emission concentration using equation 19-19 in section 12.4.1 of EPA 
Reference Method 19 at 40 CFR part 60, appendix A-7. The nitrogen 
oxides CEMS must be operated according to performance specification 2 
in appendix B of this part and must follow the procedures and methods 
specified in paragraphs (t)(1) through (t)(5) of this section.
    (1) During each relative accuracy test run of the CEMS required by 
performance specification 2 of appendix B of this part, collect 
nitrogen oxides and oxygen (or carbon dioxide) data concurrently (or 
within a 30- to 60-minute period) with both the CEMS and the test 
methods specified in paragraphs (t)(1)(i) and (ii) of this section.
    (i) For nitrogen oxides, EPA Reference Method 7 or 7E at 40 CFR 
part 60, appendix A-4 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B, 
or as an alternative ANSI/ASME PTC 19.10-1981 (incorporated by 
reference, see Sec.  60.17), as applicable, must be used.
    (2) The span value of the CEMS must be 125 percent of the maximum 
estimated hourly potential nitrogen oxide emissions of unit.
    (3) Conduct accuracy determinations quarterly and calibration drift 
tests daily in accordance with procedure 1 in appendix F of this part.
    (4) The owner or operator of an affected facility may request that 
compliance with the nitrogen oxides emission limit be determined using 
carbon dioxide measurements corrected to an equivalent of 7 percent 
oxygen. If carbon dioxide is selected for use in diluent corrections, 
the relationship between oxygen and carbon dioxide levels must be 
established during the initial performance test according to the 
procedures and methods specified in paragraphs (t)(4)(i) through 
(t)(4)(iv) of this section. This relationship may be reestablished 
during performance compliance tests.
    (i) The fuel factor equation in Method 3B must be used to determine 
the relationship between oxygen and carbon dioxide at a sampling 
location. Method 3A, 3B, or as an alternative ANSI/ASME PTC 19.10-1981 
(incorporated by reference, see Sec.  60.17), as applicable, must be 
used to determine the oxygen concentration at the same location as the 
carbon dioxide monitor.
    (ii) Samples must be taken for at least 30 minutes in each hour.
    (iii) Each sample must represent a 1-hour average.
    (iv) A minimum of 3 runs must be performed.
    (u) For facilities using a continuous emissions monitoring system 
to demonstrate continuous compliance with any of the emission limits of 
this subpart, you must complete the following:
    (1) Demonstrate compliance with the appropriate emission limit(s) 
using a 30-day rolling average of 1-hour arithmetic average emission 
concentrations, including CEMS data during startup and shutdown, as 
defined in this subpart, calculated using equation 19-19 in section 
12.4.1 of EPA Reference Method 19 at 40 CFR part 60, appendix A-7. CEMS 
data during startup and shutdown, as defined in this subpart, are not 
corrected to 7 percent oxygen, and are measured at stack oxygen 
content.
    (2) Operate all CEMS in accordance with the applicable procedures 
under appendices B and F of this part.
    (v) Use of the bypass stack at any time is an emissions standards 
deviation for particulate matter, HCl, Pb, Cd, Hg, NOX, 
SO2, and dioxin/furans.
    (w) For energy recovery units with a design heat input capacity of 
100 MMBtu per hour or greater that do not use a carbon monoxide CEMS, 
you must install, operate, and maintain an oxygen analyzer system as 
defined in Sec.  60.2875 according to the procedures in paragraphs 
(w)(1) through (4) of this section.
    (1) The oxygen analyzer system must be installed by the initial 
performance test date specified in Sec.  60.2675.
    (2) You must operate the oxygen trim system within compliance with 
paragraph (w)(3) of this section at all times.
    (3) You must maintain the oxygen level such that the 30-day rolling 
average that is established as the operating limit for oxygen is not 
below the lowest hourly average oxygen concentration measured during 
the most recent CO performance test.
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7 of this part.
    (x) For energy recovery units with annual average heat input rates 
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you 
must install, calibrate, maintain, and operate a PM CPMS and record the 
output of the system as specified in paragraphs (x)(1) through (8) of 
this section. For other energy recovery units, you may elect to use PM 
CPMS operated in accordance with this section. PM CPMS are suitable in 
lieu of using other CMS for monitoring PM compliance (e.g., bag leak 
detectors, ESP secondary power, PM scrubber pressure).
    (1) Install, calibrate, operate, and maintain your PM CPMS 
according to the procedures in your approved site-specific monitoring 
plan developed in accordance with paragraphs (l) and (x)(1)(i) through 
(x)(1)(iii) of this section.
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta 
attenuation, or mass accumulation of the exhaust gas or representative 
sample. The reportable measurement output from the PM CPMS must be 
expressed as milliamps or the digital signal equivalent.
    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes.
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations increments no greater than 0.5 mg/
actual cubic meter.
    (2) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, you 
must adjust the site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  60.2675.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit

[[Page 3069]]

or waste-burning kiln operating hours. Express the PM CPMS output as 
milliamps or the digital signal equivalent.
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning kiln operating hours data (milliamps, or digital 
bits).
    (5) You must collect data using the PM CPMS at all times the energy 
recovery unit or waste-burning kiln is operating and at the intervals 
specified in paragraph (x)(1)(ii) of this section, except for periods 
of monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration 
checks and required zero and span adjustments), and any scheduled 
maintenance as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning kiln operating hours in assessing the compliance 
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or quality control activities 
conducted during monitoring system malfunctions are not used in 
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system 
is out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods are not used 
in calculations (report emissions or operating levels and report any 
such periods in your annual deviation report);
    (iii) Any PM CPMS data recorded during periods of CEMS data during 
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM 
CPMS system performance audits, as well as the dates and duration of 
periods from when the PM CPMS is out of control until completion of the 
corrective actions necessary to return the PM CPMS to operation 
consistent with your site-specific monitoring plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average 
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air 
pollution control device;
    (ii) If inspection of the air pollution control device identifies 
the cause of the deviation, take corrective action as soon as possible 
and return the PM CPMS measurement to within the established value; and
    (iii) Within 30 days of the deviation or at the time of the annual 
compliance test, whichever comes first, conduct a PM emissions 
compliance test to determine compliance with the PM emissions limit and 
to verify. Within 45 days of the deviation, you must re-establish the 
CPMS operating limit. You are not required to conduct additional 
testing for any deviations that occur between the time of the original 
deviation and the PM emissions compliance test required under this 
paragraph.
    (iv) PM CPMS deviations leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a violation of this subpart.
    (y) When there is an alkali bypass and/or an in-line coal mill that 
exhaust emissions through a separate stack, the combined emissions are 
subject to the emission limits applicable to waste-burning kilns. To 
determine the kiln-specific emission limit for demonstrating 
compliance, you must:
    (1) Calculate a kiln-specific emission limit using equation 6:
    [GRAPHIC] [TIFF OMITTED] TP21JA15.019
    

Where:

Cks = Kiln stack concentration (ppmvd, mg/dscm, ng/dscm, 
depending on pollutant. Each corrected to 7% O2.)
Qab = Alkali bypass flow rate (volume/hr)
Cab = Alkali bypass concentration (ppmvd, mg/dscm, ng/
dscm, depending on pollutant. Each corrected to 7% O2.)
Qcm = In-line coal mill flow rate (volume/hr)
Ccm = In-line coal mill concentration (ppmvd, mg/dscm, 
ng/dscm, depending on pollutant. Each corrected to 7% 
O2.)
Qks = Kiln stack flow rate (volume/hr)

    (2) Particulate matter concentration must be measured downstream of 
the in-line coal mill. All other pollutant concentrations must be 
measured either upstream or downstream of the in-line coal mill.


Sec.  60.2715  By what date must I conduct the annual performance test?

    You must conduct annual performance tests between 11 and 13 months 
of the previous performance test.


Sec.  60.2716  By what date must I conduct the annual air pollution 
control device inspection?

    On an annual basis (no more than 12 months following the previous 
annual air pollution control device inspection), you must complete the 
air pollution control device inspection as described in Sec.  60.2706.


Sec.  60.2720  May I conduct performance testing less often?

    (a) You must conduct annual performance tests according to the 
schedule specified in Sec.  60.2715, with the following exceptions:
    (1) You may conduct a repeat performance test at any time to 
establish new values for the operating limits to apply from that point 
forward, as specified in Sec.  60.2725. The Administrator may request a 
repeat performance test at any time.
    (2) You must repeat the performance test within 60 days of a 
process change, as defined in Sec.  60.2875.
    (3) If the initial or any subsequent performance test for any 
pollutant in table 2 or tables 6 through 9 of this subpart, as 
applicable, demonstrates that the emission level for the pollutant is 
no greater than the emission level specified in paragraph (a)(3)(i) or 
(a)(3)(ii) of this section, as applicable, and you are not required to 
conduct a performance test for the pollutant in response to a request 
by the Administrator in paragraph (a)(1) of this section or a process 
change in paragraph (a)(2) of this section, you may elect to skip 
conducting a performance test for the pollutant for the next 2 years. 
You must conduct a performance test for the pollutant during the third 
year and no more than 37 months following the previous performance test 
for the pollutant. For cadmium and lead, both cadmium and lead must be 
emitted at emission levels no greater than their respective emission 
levels specified in paragraph (a)(3)(i) of this section for you

[[Page 3070]]

to qualify for less frequent testing under this paragraph.
    (i) For particulate matter, hydrogen chloride, mercury, carbon 
monoxide, nitrogen oxides, sulfur dioxide, cadmium, lead, and dioxins/
furans, the emission level equal to 75 percent of the applicable 
emission limit in table 2 or tables 6 through 9 of this subpart, as 
applicable, to this subpart.
    (ii) For fugitive emissions, visible emissions (of combustion ash 
from the ash conveying system) for 2 percent of the time during each of 
the three 1-hour observation periods.
    (4) If you are conducting less frequent testing for a pollutant as 
provided in paragraph (a)(3) of this section and a subsequent 
performance test for the pollutant indicates that your CISWI unit does 
not meet the emission level specified in paragraph (a)(3)(i) or 
(a)(3)(ii) of this section, as applicable, you must conduct annual 
performance tests for the pollutant according to the schedule specified 
in paragraph (a) of this section until you qualify for less frequent 
testing for the pollutant as specified in paragraph (a)(3) of this 
section.
    (b) [Reserved]


Sec.  60.2725  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.

Model Rule--Monitoring


Sec.  60.2730  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 Sec.  60.2670, 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 
3 of this subpart. These devices (or methods) must measure and record 
the values for these operating parameters at the frequencies indicated 
in table 3 of this subpart at all times except as specified in Sec.  
60.2735(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 alert automatically an operator when an increase in 
relative particulate matter emission over a preset level is detected. 
The alarm must be located where it is observed easily 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, activated 
carbon, selective non-catalytic reduction, an electrostatic 
precipitator, or a dry scrubber to comply with the emission limitations 
under Sec.  60.2670, 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 Sec.  60.2680.
    (d) If you use activated carbon injection to comply with the 
emission limitations in this subpart, you must measure the minimum 
sorbent flow rate once per hour.
    (e) If you use selective noncatalytic reduction to comply with the 
emission limitations, you must complete the following:
    (1) Following the date on which the initial performance test is 
completed or is required to be completed under Sec.  60.2690, whichever 
date comes first, ensure that the affected facility does not operate 
above the maximum charge rate, or below the minimum secondary chamber 
temperature (if applicable to your CISWI unit) or the minimum reagent 
flow rate measured as 3-hour block averages at all times.
    (2) Operation of the affected facility above the maximum charge 
rate, below the minimum secondary chamber temperature and below the 
minimum reagent flow rate simultaneously constitute a violation of the 
nitrogen oxides emissions limit.
    (f) If you use an electrostatic precipitator to comply with the 
emission limits of this subpart, you must monitor the secondary power 
to the electrostatic precipitator collection plates and maintain the 3-
hour block averages at or above the operating limits established during 
the mercury or particulate matter performance test.
    (g) For waste-burning kilns not equipped with a wet scrubber or dry 
scrubber, in place of hydrogen chloride testing with EPA Method 321 at 
40 CFR part 63, appendix A, an owner or operator must install, 
calibrate, maintain, and operate a CEMS for monitoring hydrogen 
chloride emissions discharged to the atmosphere and record the output 
of the system. To demonstrate continuous compliance with the hydrogen 
chloride emissions limit for units other than waste-burning kilns not 
equipped with a wet scrubber or dry scrubber, a facility may substitute 
use of a hydrogen chloride CEMS for conducting the hydrogen chloride 
annual performance test, monitoring the minimum hydrogen chloride 
sorbent flow rate, monitoring the minimum scrubber liquor pH.
    (h) To demonstrate continuous compliance with the particulate 
matter emissions limit, a facility may substitute use of a particulate 
matter CEMS for conducting the particulate matter annual performance 
test and other CMS monitoring for PM compliance (e.g., bag leak 
detectors, ESP secondary power, PM scrubber pressure).
    (i) To demonstrate continuous compliance with the dioxin/furan 
emissions limit, a facility may substitute use of a continuous 
automated sampling system for the dioxin/furan annual performance test. 
You must record the output of the system and analyze the sample 
according to EPA Method 23 at 40 CFR part 60, appendix A-7. This option 
to use a continuous automated sampling system takes effect on the date 
a final performance specification applicable to dioxin/furan from 
continuous monitors is published in the Federal Register. The owner or 
operator who elects to continuously sample dioxin/furan emissions 
instead of

[[Page 3071]]

sampling and testing using EPA Method 23 at 40 CFR part 60, appendix A-
7 must install, calibrate, maintain and operate a continuous automated 
sampling system and must comply with the requirements specified in 
Sec.  60.58b(p) and (q). A facility may substitute continuous dioxin/
furan monitoring for the minimum sorbent flow rate, if activated carbon 
sorbent injection is used solely for compliance with the dioxin/furan 
emission limit.
    (j) To demonstrate continuous compliance with the mercury emissions 
limit, a facility may substitute use of a continuous automated sampling 
system for the mercury annual performance test. You must record the 
output of the system and analyze the sample at set intervals using any 
suitable determinative technique that can meet performance 
specification 12B criteria. This option to use a continuous automated 
sampling system takes effect on the date a final performance 
specification applicable to mercury from monitors is published in the 
Federal Register. The owner or operator who elects to continuously 
sample mercury emissions instead of sampling and testing using EPA 
Method 29 or 30B at 40 CFR part 60, appendix A-8, ASTM D6784-02 
(Reapproved 2008) (incorporated by reference, see Sec.  60.17), or an 
approved alternative method for measuring mercury emissions, must 
install, calibrate, maintain and operate a continuous automated 
sampling system and must comply with the requirements specified in 
Sec.  60.58b(p) and (q). A facility may substitute continuous mercury 
monitoring for the minimum sorbent flow rate, if activated carbon 
sorbent injection is used solely for compliance with the mercury 
emission limit.
    (k) To demonstrate continuous compliance with the nitrogen oxides 
emissions limit, a facility may substitute use of a CEMS for the 
nitrogen oxides annual performance test to demonstrate compliance with 
the nitrogen oxides emissions limits and monitoring the charge rate, 
secondary chamber temperature and reagent flow for selective 
noncatalytic reduction, if applicable.
    (1) Install, calibrate, maintain and operate a CEMS for measuring 
nitrogen oxides emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
2 of appendix B of this part, the quality assurance procedure 1 of 
appendix F of this part and the procedures under Sec.  60.13 must be 
followed for installation, evaluation and operation of the CEMS.
    (2) Following the date that the initial performance test for 
nitrogen oxides is completed or is required to be completed under Sec.  
60.2690, compliance with the emission limit for nitrogen oxides 
required under Sec.  60.52b(d) must be determined based on the 30-day 
rolling average of the hourly emission concentrations using CEMS outlet 
data. The 1-hour arithmetic averages must be expressed in parts per 
million by volume corrected to 7 percent oxygen (dry basis) and used to 
calculate the 30-day rolling average concentrations. CEMS data during 
startup and shutdown, as defined in this subpart, are not corrected to 
7 percent oxygen, and are measured at stack oxygen content. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec.  60.13(e)(2).
    (l) To demonstrate continuous compliance with the sulfur dioxide 
emissions limit, a facility may substitute use of a continuous 
automated sampling system for the sulfur dioxide annual performance 
test to demonstrate compliance with the sulfur dioxide emissions 
limits.
    (1) Install, calibrate, maintain and operate a CEMS for measuring 
sulfur dioxide emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
2 of appendix B of this part, the quality assurance requirements of 
procedure 1 of appendix F of this part and the procedures under Sec.  
60.13 must be followed for installation, evaluation and operation of 
the CEMS.
    (2) Following the date that the initial performance test for sulfur 
dioxide is completed or is required to be completed under Sec.  
60.2690, compliance with the sulfur dioxide emission limit may be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations using CEMS outlet data. The 1-hour 
arithmetic averages must be expressed in parts per million corrected to 
7 percent oxygen (dry basis) and used to calculate the 30-day rolling 
average emission concentrations. CEMS data during startup and shutdown, 
as defined in this subpart, are not corrected to 7 percent oxygen, and 
are measured at stack oxygen content. The 1-hour arithmetic averages 
must be calculated using the data points required under Sec.  
60.13(e)(2).
    (m) For energy recovery units over 10 MMBtu/hr but less than 250 
MMBtu/hr annual average heat input rates that do not use a wet 
scrubber, fabric filter with bag leak detection system, or particulate 
matter CEMS, you must install, operate, certify and maintain a 
continuous opacity monitoring system according to the procedures in 
paragraphs (m)(1) through (5) of this section by the compliance date 
specified in Sec.  60.2670. Energy recovery units that use a 
particulate matter CEMS to demonstrate initial and continuing 
compliance according to the procedures in Sec.  60.2730(n) are not 
required to install a continuous opacity monitoring system and must 
perform the annual performance tests for opacity consistent with Sec.  
60.2710(f).
    (1) Install, operate and maintain each continuous opacity 
monitoring system according to performance specification 1 at 40 CFR 
part 60, appendix B.
    (2) Conduct a performance evaluation of each continuous opacity 
monitoring system according to the requirements in Sec.  60.13 and 
according to performance specification 1 at 40 CFR part 60, appendix B.
    (3) As specified in Sec.  60.13(e)(1), each continuous opacity 
monitoring system must complete a minimum of one cycle of sampling and 
analyzing for each successive 10-second period and one cycle of data 
recording for each successive 6-minute period.
    (4) Reduce the continuous opacity monitoring system data as 
specified in Sec.  60.13(h)(1).
    (5) Determine and record all the 6-minute averages (and 1-hour 
block averages as applicable) collected.
    (n) For coal and liquid/gas energy recovery units, incinerators, 
and small remote incinerators, an owner or operator may elect to 
install, calibrate, maintain and operate a CEMS for monitoring 
particulate matter emissions discharged to the atmosphere and record 
the output of the system. The owner or operator of an affected facility 
who continuously monitors particulate matter emissions instead of 
conducting performance testing using EPA Method 5 at 40 CFR part 60, 
appendix A-3 or, as applicable, monitor with a particulate matter CPMS 
according to paragraph (r) of this section, must install, calibrate, 
maintain and operate a CEMS and must comply with the requirements 
specified in paragraphs (n)(1) through (13) of this section.
    (1) Notify the Administrator 1 month before starting use of the 
system.
    (2) Notify the Administrator 1 month before stopping use of the 
system.
    (3) The monitor must be installed, evaluated and operated in 
accordance with the requirements of performance specification 11 of 
appendix B of this part and quality assurance requirements of procedure 
2 of appendix F of this part and Sec.  60.13.
    (4) The initial performance evaluation must be completed no later 
than 180 days after the final compliance date for

[[Page 3072]]

meeting the amended emission limitations, as specified under Sec.  
60.2690 or within 180 days of notification to the Administrator of use 
of the continuous monitoring system if the owner or operator was 
previously determining compliance by Method 5 at 40 CFR part 60, 
appendix A-3 performance tests, whichever is later.
    (5) The owner or operator of an affected facility may request that 
compliance with the particulate matter emission limit be determined 
using carbon dioxide measurements corrected to an equivalent of 7 
percent oxygen. The relationship between oxygen and carbon dioxide 
levels for the affected facility must be established according to the 
procedures and methods specified in Sec.  60.2710(s)(5)(i) through 
(s)(5)(iv).
    (6) The owner or operator of an affected facility must conduct an 
initial performance test for particulate matter emissions as required 
under Sec.  60.2690. Compliance with the particulate matter emission 
limit, if PM CEMS are elected for demonstrating compliance, must be 
determined by using the CEMS specified in paragraph (n) of this section 
to measure particulate matter. You must calculate a 30-day rolling 
average of 1-hour arithmetic average emission concentrations, including 
CEMS data during startup and shutdown, as defined in this subpart, 
using equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 
CFR part 60, appendix A-7 of this part.
    (7) Compliance with the particulate matter emission limit must be 
determined based on the 30-day rolling average calculated using 
equation 19-19 in section 12.4.1 of EPA Reference Method 19 at 40 CFR 
part 60, Appendix A-7 of the part from the 1-hour arithmetic average of 
the CEMS outlet data.
    (8) At a minimum, valid continuous monitoring system hourly 
averages must be obtained as specified Sec.  60.2735.
    (9) The 1-hour arithmetic averages required under paragraph (n)(7) 
of this section must be expressed in milligrams per dry standard cubic 
meter corrected to 7 percent oxygen (or carbon dioxide)(dry basis) and 
must be used to calculate the 30-day rolling average emission 
concentrations. CEMS data during startup and shutdown, as defined in 
this subpart, are not corrected to 7 percent oxygen, and are measured 
at stack oxygen content. The 1-hour arithmetic averages must be 
calculated using the data points required under Sec.  60.13(e)(2).
    (10) All valid CEMS data must be used in calculating average 
emission concentrations even if the minimum CEMS data requirements of 
paragraph (n)(8) of this section are not met.
    (11) The CEMS must be operated according to performance 
specification 11 in appendix B of this part.
    (12) During each relative accuracy test run of the CEMS required by 
performance specification 11 in appendix B of this part, particulate 
matter and oxygen (or carbon dioxide) data must be collected 
concurrently (or within a 30-to 60-minute period) by both the CEMS and 
the following test methods.
    (i) For particulate matter, EPA Reference Method 5 at 40 CFR part 
60, appendix A-3 must be used.
    (ii) For oxygen (or carbon dioxide), EPA Reference Method 3A or 3B 
at 40 CFR part 60, appendix A-2, as applicable, must be used.
    (13) Quarterly accuracy determinations and daily calibration drift 
tests must be performed in accordance with procedure 2 in appendix F of 
this part.
    (o) To demonstrate continuous compliance with the carbon monoxide 
emissions limit, a facility may substitute use of a continuous 
automated sampling system for the carbon monoxide annual performance 
test to demonstrate compliance with the carbon monoxide emissions 
limits.
    (1) Install, calibrate, maintain, and operate a CEMS for measuring 
carbon monoxide emissions discharged to the atmosphere and record the 
output of the system. The requirements under performance specification 
4B of appendix B of this part, the quality assurance procedure 1 of 
appendix F of this part and the procedures under Sec.  60.13 must be 
followed for installation, evaluation, and operation of the CEMS.
    (2) Following the date that the initial performance test for carbon 
monoxide is completed or is required to be completed under Sec.  
60.2690, compliance with the carbon monoxide emission limit may be 
determined based on the 30-day rolling average of the hourly arithmetic 
average emission concentrations, including CEMS data during startup and 
shutdown as defined in this subpart, using CEMS outlet data. Except for 
CEMS data during startup and shutdown, as defined in this subpart, the 
1-hour arithmetic averages must be expressed in parts per million 
corrected to 7 percent oxygen (dry basis) and used to calculate the 30-
day rolling average emission concentrations. CEMS data collected during 
startup or shutdown, as defined in this subpart, are not corrected to 7 
percent oxygen, and are measured at stack oxygen content. The 1-hour 
arithmetic averages must be calculated using the data points required 
under Sec.  60.13(e)(2).
    (p) The owner/operator of an affected source with a bypass stack 
shall install, calibrate (to manufacturers' specifications), maintain 
and operate a device or method for measuring the use of the bypass 
stack including date, time and duration.
    (q) For energy recovery units with a heat input capacity of 100 
MMBtu per hour or greater that do not use a carbon monoxide CEMS, you 
must install, operate and maintain the continuous oxygen monitoring 
system as defined in Sec.  60.2875 according to the procedures in 
paragraphs (q)(1) through (4) of this section.
    (1) The oxygen analyzer system must be installed by the initial 
performance test date specified in Sec.  60.2675.
    (2) You must operate the oxygen trim system within compliance with 
paragraph (q)(3) of this section at all times.
    (3) You must maintain the oxygen level such that the 30-day rolling 
average that is established as the operating limit for oxygen according 
to paragraph (q)(4) of this section is not below the lowest hourly 
average oxygen concentration measured during the most recent CO 
performance test.
    (4) You must calculate and record a 30-day rolling average oxygen 
concentration using equation 19-19 in section 12.4.1 of EPA Reference 
Method 19 of Appendix A-7 of this part.
    (r) For energy recovery units with annual average heat input rates 
greater than or equal to 250 MMBtu/hour and waste-burning kilns, you 
must install, calibrate, maintain, and operate a PM CPMS and record the 
output of the system as specified in paragraphs (r)(1) through (8) of 
this section. For other energy recovery units, you may elect to use PM 
CPMS operated in accordance with this section. PM CPMS are suitable in 
lieu of using other CMS for monitoring PM compliance (e.g., bag leak 
detectors, ESP secondary power, PM scrubber pressure).
    (1) Install, calibrate, operate, and maintain your PM CPMS 
according to the procedures in your approved site-specific monitoring 
plan developed in accordance with Sec.  60.2710(l) and (r)(1)(i) 
through (iii) of this section.
    (i) The operating principle of the PM CPMS must be based on in-
stack or extractive light scatter, light scintillation, beta 
attenuation, or mass accumulation of the exhaust gas or representative 
sample. The reportable measurement output from the PM CPMS must be 
expressed as milliamps or the digital signal equivalent.

[[Page 3073]]

    (ii) The PM CPMS must have a cycle time (i.e., period required to 
complete sampling, measurement, and reporting for each measurement) no 
longer than 60 minutes.
    (iii) The PM CPMS must be capable of detecting and responding to 
particulate matter concentrations increments no greater than 0.5 mg/
actual cubic meter.
    (2) During the initial performance test or any such subsequent 
performance test that demonstrates compliance with the PM limit, you 
must adjust the site-specific operating limit in accordance with the 
results of the performance test according to the procedures specified 
in Sec.  60.2675.
    (3) Collect PM CPMS hourly average output data for all energy 
recovery unit or waste-burning kiln operating hours. Express the PM 
CPMS output as milliamps or the digital signal equivalent.
    (4) Calculate the arithmetic 30-day rolling average of all of the 
hourly average PM CPMS output collected during all energy recovery unit 
or waste-burning kiln operating hours data (milliamps, or the digital 
signal equivalent).
    (5) You must collect data using the PM CPMS at all times the energy 
recovery unit or waste-burning kiln is operating and at the intervals 
specified in paragraph (r)(1)(ii) of this section, except for periods 
of monitoring system malfunctions, repairs associated with monitoring 
system malfunctions, required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration 
checks and required zero and span adjustments), and any scheduled 
maintenance as defined in your site-specific monitoring plan.
    (6) You must use all the data collected during all energy recovery 
unit or waste-burning kiln operating hours in assessing the compliance 
with your operating limit except:
    (i) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or quality control activities 
conducted during monitoring system malfunctions are not used in 
calculations (report any such periods in your annual deviation report);
    (ii) Any data collected during periods when the monitoring system 
is out of control as specified in your site-specific monitoring plan, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or quality 
control activities conducted during out-of-control periods are not used 
in calculations (report emissions or operating levels and report any 
such periods in your annual deviation report);
    (iii) Any PM CPMS data recorded during periods of CEMS data during 
startup and shutdown, as defined in this subpart.
    (7) You must record and make available upon request results of PM 
CPMS system performance audits, as well as the dates and duration of 
periods from when the PM CPMS is out of control until completion of the 
corrective actions necessary to return the PM CPMS to operation 
consistent with your site-specific monitoring plan.
    (8) For any deviation of the 30-day rolling average PM CPMS average 
value from the established operating parameter limit, you must:
    (i) Within 48 hours of the deviation, visually inspect the air 
pollution control device;
    (ii) If inspection of the air pollution control device identifies 
the cause of the deviation, take corrective action as soon as possible 
and return the PM CPMS measurement to within the established value; and
    (iii) Within 30 days of the deviation or at the time of the annual 
compliance test, whichever comes first, conduct a PM emissions 
compliance test to determine compliance with the PM emissions limit and 
to verify the operation of the emissions control device(s). Within 45 
days of the deviation, you must re-establish the CPMS operating limit. 
You are not required to conduct additional testing for any deviations 
that occur between the time of the original deviation and the PM 
emissions compliance test required under this paragraph.
    (iv) PM CPMS deviations leading to more than four required 
performance tests in a 12-month process operating period (rolling 
monthly) constitute a violation of this subpart.
    (s) If you use a dry scrubber to comply with the emission limits of 
this subpart, you must monitor the injection rate of each sorbent and 
maintain the 3-hour block averages at or above the operating limits 
established during the hydrogen chloride performance test.


Sec.  60.2735  Is there a minimum amount of monitoring data I must 
obtain?

    For each continuous monitoring system required or optionally 
allowed under Sec.  60.2730, you must monitor and collect data 
according to this section:
    (a) You must operate the monitoring system and collect data at all 
required intervals at all times compliance is required except for 
periods of monitoring system malfunctions or out-of-control periods, 
repairs associated with monitoring system malfunctions or out-of-
control periods (as specified in Sec.  60.2770(o)), and required 
monitoring system quality assurance or quality control activities 
including, as applicable, calibration checks and required zero and span 
adjustments. A monitoring system malfunction is any sudden, infrequent, 
not reasonably preventable failure of the monitoring system to provide 
valid data. Monitoring system failures that are caused in part by poor 
maintenance or careless operation are not malfunctions. You are 
required to effect monitoring system repairs in response to monitoring 
system malfunctions or out-of-control periods and to return the 
monitoring system to operation as expeditiously as practicable.
    (b) You may not use data recorded during the monitoring system 
malfunctions, repairs associated with monitoring system malfunctions or 
out-of control periods, or required monitoring system quality assurance 
or control activities in calculations used to report emissions or 
operating levels. You must use all the data collected during all other 
periods in assessing the operation of the control device and associated 
control system.
    (c) Except for periods of monitoring system malfunctions or out-of-
control periods, repairs associated with monitoring system malfunctions 
or out-of-control periods, and required monitoring system quality 
assurance or quality control activities including, as applicable, 
calibration checks and required zero and span adjustments, failure to 
collect required data is a deviation of the monitoring requirements.

Model Rule--Recordkeeping and Reporting


Sec.  60.2740  What records must I keep?

    You must maintain the items (as applicable) as specified in 
paragraphs (a), (b), and (e) through (w) 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.

[[Page 3074]]

    (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 Sec.  60.2675(d) through (g) or 
Sec.  60.2680, you must maintain data collected for all operating 
parameters used to determine compliance with the operating limits. For 
energy recovery units using activated carbon injection or a dry 
scrubber, you must also maintain records of the load fraction and 
corresponding sorbent injection rate records.
    (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 operating time during each 6-month 
period that the alarm sounds, calculated as specified in Sec.  
60.2675(c).
    (c)-(d) [Reserved]
    (e) Identification of calendar dates and times for which data show 
a deviation from the operating limits in table 3 of this subpart or a 
deviation from other operating limits established under Sec.  
60.2675(d) through (g) or Sec.  60.2680 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 Sec.  60.2660(a) as required by 
Sec.  60.2660(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 Sec.  60.2635, met 
the criteria for qualification under Sec.  60.2645, and maintained or 
renewed their qualification under Sec.  60.2650 or Sec.  60.2655. 
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 Sec.  60.2730.
    (k) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (l) The information listed in Sec.  60.2660(a).
    (m) On a daily basis, keep a log of the quantity of waste burned 
and the types of waste burned (always required).
    (n) Maintain records of the annual air pollution control device 
inspections that are required for each CISWI unit subject to the 
emissions limits in table 2 of this subpart or tables 6 through 9 of 
this subpart, any required maintenance and any repairs not completed 
within 10 days of an inspection or the timeframe established by the 
state regulatory agency.
    (o) For continuously monitored pollutants or parameters, you must 
document and keep a record of the following parameters measured using 
continuous monitoring systems.
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions. 
You must indicate which data are CEMS data during startup and shutdown.
    (3) All 1-hour average concentrations of nitrogen oxides emissions. 
You must indicate which data are CEMS data during startup and shutdown.
    (4) All 1-hour average concentrations of carbon monoxide emissions. 
You must indicate which data are CEMS data during startup and shutdown.
    (5) All 1-hour average concentrations of particulate matter 
emissions. You must indicate which data are CEMS data during startup 
and shutdown.
    (6) All 1-hour average concentrations of mercury emissions. You 
must indicate which data are CEMS data during startup and shutdown.
    (7) All 1-hour average concentrations of hydrogen chloride 
emissions. You must indicate which data are CEMS data during startup 
and shutdown.
    (8) All 1-hour average percent oxygen concentrations.
    (9) All 1-hour average PM CPMS readings or particulate matter CEMS 
outputs.
    (p) Records indicating use of the bypass stack, including dates, 
times and durations.
    (q) If you choose to stack test less frequently than annually, 
consistent with Sec.  60.2720(a) through (c), you must keep annual 
records that document that your emissions in the previous stack test(s) 
were less than 75 percent of the applicable emission limit and document 
that there was no change in source operations including fuel 
composition and operation of air pollution control equipment that would 
cause emissions of the relevant pollutant to increase within the past 
year.
    (r) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (s) Records of all required maintenance performed on the air 
pollution control and monitoring equipment.
    (t) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  60.11(d), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.
    (u) For operating units that combust non-hazardous secondary 
materials that have been determined not to be solid waste pursuant to 
Sec.  241.3(b)(1), you must keep a record which documents how the 
secondary material meets each of the legitimacy criteria under Sec.  
241.3(d)(1). If you combust a fuel that has been processed from a 
discarded non-hazardous secondary material pursuant to Sec.  
241.3(b)(4), you must keep records as to how the operations that 
produced the fuel satisfies the definition of processing in Sec.  241.2 
and each of the legitimacy criteria in Sec.  241.3(d)(1) of this 
chapter. If the fuel received a non-waste determination pursuant to the 
petition process submitted under Sec.  241.3(c), you must keep a record 
that documents how the fuel satisfies the requirements of the petition 
process. For operating units that combust non-hazardous secondary 
materials as fuel per Sec.  241.4, you must keep records documenting 
that the material is a listed non-waste under Sec.  241.4(a).
    (v) Records of the criteria used to establish that 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)) and that the waste 
material the unit is proposed to burn is homogeneous.
    (w) Records of the criteria used to establish that the unit 
qualifies as a cogeneration facility under section 3(18)(B) of the 
Federal Power Act (16 U.S.C. 796(18)(B)) and that the waste material 
the unit is proposed to burn is homogeneous.


Sec.  60.2745  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,

[[Page 3075]]

unless an alternative format is approved by the Administrator.


Sec.  60.2750  What reports must I submit?

    See table 5 of this subpart for a summary of the reporting 
requirements.


Sec.  60.2755  When must I submit my waste management plan?

    You must submit the waste management plan no later than the date 
specified in table 1 of this subpart for submittal of the final control 
plan.


Sec.  60.2760  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 Sec.  60.2700, as applicable.
    (b) The values for the site-specific operating limits established 
in Sec.  60.2675 or Sec.  60.2680.
    (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 Sec.  60.2730(b).


Sec.  60.2765  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 Sec.  60.2760. You must submit 
subsequent reports no more than 12 months following the previous 
report. (If the unit is subject to permitting requirements under title 
V of the Clean Air Act, you may be required by the permit to submit 
these reports more frequently.)


Sec.  60.2770  What information must I include in my annual report?

    The annual report required under Sec.  60.2765 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 Sec. Sec.  60.2775, 
60.2780, and 60.2785.
    (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 
Sec.  60.2675 or Sec.  60.2680.
    (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.
    (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 Sec.  60.2740(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) For each performance test conducted during the reporting 
period, if any performance test is conducted, the process unit(s) 
tested, the pollutant(s) tested and the date that such performance test 
was conducted. Submit, following the procedure specified in Sec.  
60.2795(b)(1), the performance test report no later than the date that 
you submit the annual report.
    (i) If you met the requirements of Sec.  60.2720(a) or (b), and did 
not conduct a performance test during the reporting period, you must 
state that you met the requirements of Sec.  60.2720(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.
    (k) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction that occurred during the 
reporting period and that caused or may have caused any applicable 
emission limitation to be exceeded. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec.  60.11(d), including actions taken to correct a malfunction.
    (l) For each deviation from an emission or operating limitation 
that occurs for a CISWI unit for which you are not using a CMS to 
comply with the emission or operating limitations in this subpart, the 
annual report must contain the following information.
    (1) The total operating time of the CISWI unit at which the 
deviation occurred during the reporting period.
    (2) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (m) If there were periods during which the continuous monitoring 
system, including the CEMS, was out of control as specified in 
paragraph (o) of this section, the annual report must contain the 
following information for each deviation from an emission or operating 
limitation occurring for a CISWI unit for which you are using a 
continuous monitoring system to comply with the emission and operating 
limitations in this subpart.
    (1) The date and time that each malfunction started and stopped.
    (2) The date, time, and duration that each CMS was inoperative, 
except for zero (low-level) and high-level checks.
    (3) The date, time, and duration that each continuous monitoring 
system was out-of-control, including start and end dates and hours and 
descriptions of corrective actions taken.
    (4) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction or 
during another period.
    (5) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (6) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes, and other unknown causes.
    (7) A summary of the total duration of continuous monitoring system 
downtime during the reporting period, and the total duration of 
continuous monitoring system downtime as a percent of the total 
operating time of the CISWI unit at which the continuous monitoring 
system downtime occurred during that reporting period.
    (8) An identification of each parameter and pollutant that was 
monitored at the CISWI unit.
    (9) A brief description of the CISWI unit.
    (10) A brief description of the continuous monitoring system.
    (11) The date of the latest continuous monitoring system 
certification or audit.
    (12) A description of any changes in continuous monitoring system, 
processes, or controls since the last reporting period.
    (n) If there were periods during which the continuous monitoring 
system, including the CEMS, was not out of control as specified in 
paragraph (o) of this section, a statement that there were not periods 
during which the continuous monitoring system was out of control during 
the reporting period.
    (o) A continuous monitoring system is out of control if any of the 
following occur.
    (1) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift exceeds two times the applicable

[[Page 3076]]

calibration drift specification in the applicable performance 
specification or in the relevant standard.
    (2) The continuous monitoring system fails a performance test audit 
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy 
test audit, or linearity test audit.
    (3) The continuous opacity monitoring system calibration drift 
exceeds two times the limit in the applicable performance specification 
in the relevant standard.
    (p) For energy recovery units, include the annual heat input and 
average annual heat input rate of all fuels being burned in the unit to 
verify which subcategory of energy recovery unit applies.


Sec.  60.2775  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 the 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).


Sec.  60.2780  What must I include in the deviation report?

    In each report required under Sec.  60.2775, for any pollutant or 
parameter that deviated from the emission limitations or operating 
limits specified in this subpart, include the four items described in 
paragraphs (a) through (d) 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) Durations and causes of the following:
    (1) Each deviation from emission limitations or operating limits 
and your corrective actions.
    (2) Bypass events and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and for any test report that documents the emission levels 
the process unit(s) tested, the pollutant(s) tested and the date that 
the performance test was conducted. Submit, following the procedure 
specified in Sec.  60.2795(b)(1), the performance test report no later 
than the date that you submit the deviation report.


Sec.  60.2785  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 2 weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of 
this section.
    (1) Submit a notification of the deviation within 10 days 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 Sec.  60.2665(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.


Sec.  60.2790  Are there any other notifications or reports that I must 
submit?

    (a) Yes. You must submit notifications as provided by Sec.  60.7.
    (b) If you cease combusting solid waste but continue to operate, 
you must provide 30 days prior notice of the effective date of the 
waste-to-fuel switch, consistent with Sec.  60.2710(a). The 
notification must identify:
    (1) The name of the owner or operator of the CISWI unit, the 
location of the source, the emissions unit(s) that will cease burning 
solid waste, and the date of the notice;
    (2) The currently applicable subcategory under this subpart, and 
any 40 CFR part 63 subpart and subcategory that will be applicable 
after you cease combusting solid waste;
    (3) The fuel(s), non-waste material(s) and solid waste(s) the CISWI 
unit is currently combusting and has combusted over the past 6 months, 
and the fuel(s) or non-waste materials the unit will commence 
combusting;
    (4) The date on which you became subject to the currently 
applicable emission limits;
    (5) The date upon which you will cease combusting solid waste, and 
the date (if different) that you intend for any new requirements to 
become applicable (i.e., the effective date of the waste-to-fuel 
switch), consistent with paragraphs (b)(2) and (3) of this section.


Sec.  60.2795  In what form can I submit my reports?

    (a) Submit initial, annual and deviation reports electronically on 
or before the submittal due dates. Submit the reports to the EPA via 
the Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI 
can be accessed through the EPA's Central Data Exchange (CDX) (http://cdx.epa.gov/epa_home.asp).) Use the appropriate electronic report in 
CEDRI for this subpart. Instead of using the electronic report in CEDRI 
for this subpart, you may submit an alternate electronic file format 
consistent with the extensible markup language (XML) schema listed on 
the CEDRI Web site (http://www.epa.gov/ttn/chief/cedri/index.html), 
once the XML schema is available. If the reporting form specific to 
this subpart is not available in CEDRI at the time that the report is 
due, submit the report to the Administrator at the appropriate address 
listed in Sec.  60.4. Begin submitting reports via CEDRI no later than 
90 days after the form becomes available in CEDRI. The reports must be 
submitted by the deadlines specified in this subpart, regardless of the 
method in which the report is submitted.
    (b) Submit results of each performance test and CEMS performance 
evaluation required by this subpart as follows.
    (1) Within 60 days after the date of completing each performance 
test (see Sec.  60.8), submit the results of the performance test 
following the procedure specified in either paragraph (b)(1)(i) or 
(b)(1)(ii) of this section.
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(http://www.epa.gov/ttn/chief/ert/index.html) at the time of the test, 
submit the results of the performance test to the EPA via the CEDRI. 
(CEDRI can be accessed through the EPA's CDX.) Performance test data 
must be submitted in a file format generated through the use of the 
EPA's ERT. Instead of submitting performance test

[[Page 3077]]

data in a file format generated through the use of the EPA's ERT, you 
may submit an alternate electronic file format consistent with the XML 
schema listed on the EPA's ERT Web site, once the XML schema is 
available. If you claim that some of the performance test information 
being submitted is confidential business information (CBI), submit a 
complete file generated through the use of the EPA's ERT (or an 
alternate electronic file consistent with the XML schema listed on the 
EPA's ERT Web site once the XML schema is available), including 
information claimed to be CBI, on a compact disc, flash drive, or other 
commonly used electronic storage media to the EPA. The electronic media 
must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI 
Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 
4930 Old Page Road, Durham, NC 27703. The same ERT or alternate file 
with the CBI omitted must be submitted to the EPA via the EPA's CDX as 
described earlier in this paragraph.
    (ii) For data collected using test methods that are not supported 
by the EPA's ERT as listed on the EPA's ERT Web site at the time of the 
test, submit the results of the performance test to the Administrator 
at the appropriate address listed in Sec.  60.4.
    (2) Within 60 days after the date of completing each CEMS 
performance evaluation, submit the results of the performance 
evaluation following the procedure specified in either paragraph 
(b)(2)(i) or (b)(2)(ii) of this section.
    (i) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT Web site at the 
time of the test, submit the results of the performance evaluation to 
the EPA via the CEDRI. (CEDRI can be accessed through the EPA's CDX.) 
Performance evaluation data must be submitted in a file format 
generated through the use of the EPA's ERT. Instead of submitting 
performance evaluation data in a file format generated through the use 
of the EPA's ERT, you may submit an alternate electronic file format 
consistent with the XML schema listed on the EPA's ERT Web site, once 
the XML schema is available. If you claim that some of the performance 
evaluation information being submitted is CBI, submit a complete file 
generated through the use of the EPA's ERT (or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT Web site 
once the XML schema is available), including information claimed to be 
CBI, on a compact disc, flash drive, or other commonly used electronic 
storage media to the EPA. The electronic media must be clearly marked 
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Road, 
Durham, NC 27703. The same ERT or alternate file with the CBI omitted 
must be submitted to the EPA via the EPA's CDX as described earlier in 
this paragraph.
    (ii) For any performance evaluations of continuous monitoring 
systems measuring RATA pollutants that are not supported by the EPA's 
ERT as listed on the EPA's ERT Web site at the time of the test, submit 
the results of the performance evaluation to the Administrator at the 
appropriate address listed in Sec.  60.4.
    (c) All information required in this subpart to be submitted to the 
EPA must also be submitted in paper format to the appropriate state, 
local or tribal agency unless the state, local or tribal agency 
specifies another format. Information submitted in paper format must be 
postmarked no later than the date that the report is required to be 
submitted to the EPA's CDX electronically. Any information required to 
be submitted electronically to the EPA's CDX may, at the discretion of 
the state, local or tribal agency, satisfy the requirements of this 
paragraph.


Sec.  60.2800  Can reporting dates be changed?

    If the Administrator agrees, you may change the semiannual or 
annual reporting dates. See Sec.  60.19(c) for procedures to seek 
approval to change your reporting date.

Model Rule--Title V Operating Permits


Sec.  60.2805  Am I required to apply for and obtain a Title V 
operating permit for my unit?

    Yes. Each CISWI unit and air curtain incinerator subject to 
standards under this subpart must operate pursuant to a permit issued 
under Clean Air Act sections 129(e) and Title V.

Model Rule--Air Curtain Incinerators


Sec.  60.2810  What is an air curtain incinerator?

    (a) 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 not to be confused with conventional combustion 
devices with enclosed fireboxes and controlled air technology such as 
mass burn, modular, and fluidized bed combustors.)
    (b) Air curtain incinerators that burn only the materials listed in 
paragraphs (b)(1) through (3) of this section are only required to meet 
the requirements under Sec.  60.2805 and under ``Air Curtain 
Incinerators'' (Sec. Sec.  60.2810 through 60.2870).
    (1) 100 percent wood waste.
    (2) 100 percent clean lumber.
    (3) 100 percent mixture of only wood waste, clean lumber, and/or 
yard waste.


Sec.  60.2815  What are my requirements for meeting increments of 
progress and achieving final compliance?

    If you plan to achieve compliance more than 1 year following the 
effective date of state plan approval, you must meet the two increments 
of progress specified in paragraphs (a) and (b) of this section.
    (a) Submit a final control plan.
    (b) Achieve final compliance.


Sec.  60.2820  When must I complete each increment of progress?

    Table 1 of this subpart specifies compliance dates for each of the 
increments of progress.


Sec.  60.2825  What must I include in the notifications of achievement 
of increments of progress?

    Your notification of achievement of increments of progress must 
include the three items described in paragraphs (a) through (c) of this 
section.
    (a) Notification that the increment of progress has been achieved.
    (b) Any items required to be submitted with each increment of 
progress (see Sec.  60.2840).
    (c) Signature of the owner or operator of the incinerator.


Sec.  60.2830  When must I submit the notifications of achievement of 
increments of progress?

    Notifications for achieving increments of progress must be 
postmarked no later than 10 business days after the compliance date for 
the increment.


Sec.  60.2835  What if I do not meet an increment of progress?

    If you fail to meet an increment of progress, you must submit a 
notification to the Administrator postmarked within 10 business days 
after the date for that increment of progress in table 1 of this 
subpart. You must inform the Administrator that you did not meet the 
increment, and you must continue to submit reports each subsequent 
calendar month until the increment of progress is met.


Sec.  60.2840  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

[[Page 3078]]

requirements specified in paragraphs (a) and (b) of this section.
    (a) Submit the final control plan, including a description of any 
devices for air pollution control and any process changes that you will 
use to comply with the emission limitations and other requirements of 
this subpart.
    (b) Maintain an onsite copy of the final control plan.


Sec.  60.2845  How do I comply with the increment of progress for 
achieving final compliance?

    For the final compliance increment of progress, you must complete 
all process changes and retrofit construction of control devices, as 
specified in the final control plan, so that, if the affected 
incinerator is brought online, all necessary process changes and air 
pollution control devices would operate as designed.


Sec.  60.2850  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 your state plan, you must meet the increments 
of progress specified in Sec.  60.2815.
    (b) If you close your incinerator but will restart it after your 
final compliance date, you must complete emission control retrofits and 
meet the emission limitations on the date your incinerator restarts 
operation.


Sec.  60.2855  What must I do if I plan to permanently close my air 
curtain incinerator and not restart it?

    If you plan to close your incinerator rather than comply with the 
state plan, submit a closure notification, including the date of 
closure, to the Administrator by the date your final control plan is 
due.


Sec.  60.2860  What are the emission limitations for air curtain 
incinerators?

    After the date the initial stack test is required or completed 
(whichever is earlier), you must meet the limitations in paragraphs (a) 
and (b) of this section.
    (a) Maintain opacity to less than or equal to 10 percent opacity 
(as determined by the average of three 1-hour blocks consisting of ten 
6-minute average opacity values), except as described in paragraph (b) 
of this section.
    (b) Maintain opacity to less than or equal to 35 percent opacity 
(as determined by the average of three 1-hour blocks consisting of ten 
6-minute average opacity values) during the startup period that is 
within the first 30 minutes of operation.


Sec.  60.2865  How must I monitor opacity for air curtain incinerators?

    (a) Use Method 9 of appendix A of this part to determine compliance 
with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8 
no later than 180 days after your final compliance date.
    (c) After the initial test for opacity, conduct annual tests no 
more than 12 calendar months following the date of your previous test.


Sec.  60.2870  What are the recordkeeping and reporting requirements 
for air curtain incinerators?

    (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 (as determined by the average of three 1-hour 
blocks consisting of ten 6-minute average opacity values) 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.

Model Rule--Definitions


Sec.  60.2875  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and subparts A and B of this part.
    30-day rolling average means the arithmetic mean of the previous 
720 hours of valid operating data. Valid data excludes periods when 
this unit is not operating. The 720 hours should be consecutive, but 
not necessarily continuous if operations are intermittent.
    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 not to be confused with conventional 
combustion devices with enclosed fireboxes and controlled air 
technology such as mass burn, modular, and fluidized bed combustors.)
    Annual heat input means the heat input for the 12 months preceding 
the compliance demonstration.
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel 
oil, or diesel fuel.
    Average annual heat input rate means annual heat input divided by 
the hours of operation for the 12 months preceding the compliance 
demonstration.
    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.
    Burn-off oven means any rack reclamation unit, part reclamation 
unit, or drum reclamation unit. A burn-off oven is not an incinerator, 
waste-burning kiln, an energy recovery unit or a small, remote 
incinerator under this subpart.
    Bypass stack means a device used for discharging combustion gases 
to avoid severe damage to the air pollution control device or other 
equipment.
    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.
    CEMS data during startup and shutdown means the following:
    (1) For incinerators, small remote incinerators, and energy 
recovery units: CEMS data collected during the first hours of operation 
of a CISWI unit startup from a cold start until waste is fed into the 
unit and the hours of operation following the cessation of waste 
material being fed to the CISWI unit during a unit shutdown. For each 
startup event, the length of time that

[[Page 3079]]

CEMS data may be claimed as being CEMS data during startup must be 48 
operating hours or less. For each shutdown event, the length of time 
that CEMS data may be claimed as being CEMS data during shutdown must 
be 24 operating hours or less.
    (2) For waste-burning kilns: CEMS data collected during the periods 
of kiln operation that do not include normal operations. Startup begins 
when the kiln's induced fan is turned on and continues until continuous 
feed is introduced into the kiln, at which time the kiln is in normal 
operating mode. Shutdown begins when feed to the kiln is halted.
    Chemical recovery unit means 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. A chemical recovery unit is not an 
incinerator, a waste-burning kiln, an energy recovery unit or a small, 
remote incinerator under this subpart. The following seven types of 
units 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/residue 
containing catalyst metals that 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.
    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 kiln-dried 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 distinct operating unit of any commercial or industrial 
facility that combusts, or has combusted in the preceding 6 months, any 
solid waste as that term is defined in 40 CFR part 241. If the 
operating unit burns materials other than traditional fuels as defined 
in Sec.  241.2 that have been discarded, and you do not keep and 
produce records as required by Sec.  60.2740(u), the operating unit is 
a CISWI unit. While not all CISWI units will include all of the 
following components, a CISWI unit includes, but is not limited to, the 
solid waste feed system, grate system, flue gas system, waste heat 
recovery equipment, if any, and bottom ash system. The CISWI unit does 
not include air pollution control equipment or the stack. The CISWI 
unit boundary starts at the solid waste hopper (if applicable) and 
extends through two areas: The combustion unit flue gas system, which 
ends immediately after the last combustion chamber or after the waste 
heat recovery equipment, if any; and the combustion unit bottom ash 
system, which ends at the truck loading station or similar equipment 
that transfers the ash to final disposal. The CISWI unit includes all 
ash handling systems connected to the bottom ash handling system.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Continuous emission monitoring system (CEMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition 
(if applicable), analyze, and provide a record of emissions.
    Continuous monitoring system (CMS) means the total equipment, 
required under the emission monitoring sections in applicable subparts, 
used to sample and condition (if applicable), to analyze, and to 
provide a permanent record of emissions or process parameters. A 
particulate matter continuous parameter monitoring system (PM CPMS) is 
a type of CMS.
    Cyclonic burn barrel means a combustion device for waste materials 
that is attached to a 55 gallon, open-head 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. A cyclonic burn barrel is not an 
incinerator, a waste-burning kiln, an energy recovery unit or a small, 
remote incinerator under this subpart.
    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 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.
    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.
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gas in the 
exhaust stream forming a dry powder material. Sorbent injection systems 
in fluidized bed boilers and process heaters are included in this 
definition. A dry scrubber is a dry control system.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    Energy recovery unit means a combustion unit combusting solid waste 
(as that term is defined by the Administrator in 40 CFR part 241) for 
energy recovery. Energy recovery units include units that would be 
considered boilers and process heaters if they did not combust solid 
waste.
    Energy recovery unit designed to burn biomass (Biomass) means an 
energy recovery unit that burns solid waste, biomass, and non-coal 
solid materials but less than 10 percent coal, on a heat input basis on 
an annual average, either alone or in combination with liquid waste, 
liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn coal (Coal) means an energy 
recovery unit that burns solid waste and at least 10 percent coal on a 
heat input basis on an annual average, either alone or in combination 
with liquid waste, liquid fuel or gaseous fuels.
    Energy recovery unit designed to burn liquid waste materials and 
gas (Liquid/gas) means an energy recovery unit that

[[Page 3080]]

burns a liquid waste with liquid or gaseous fuels not combined with any 
solid fuel or waste materials.
    Energy recovery unit designed to burn solid materials (Solids) 
includes energy recovery units designed to burn coal and energy 
recovery units designed to burn biomass
    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.
    Foundry sand thermal reclamation unit means a type of part 
reclamation unit that removes coatings that are on foundry sand. A 
foundry sand thermal reclamation unit is not an incinerator, a waste-
burning kiln, an energy recovery unit or a small, remote incinerator 
under this subpart.
    Incinerator means any furnace used in the process of combusting 
solid waste (as that term is defined by the Administrator in 40 CFR 
part 241) for the purpose of reducing the volume of the waste by 
removing combustible matter. Incinerator designs include single chamber 
and two-chamber.
    In-line coal mill means those coal mills using kiln exhaust gases 
in their process. Coal mills with a heat source other than the kiln or 
coal mills using exhaust gases from the clinker cooler alone are not an 
in-line coal mill.
    In-line kiln/raw mill means a system in a Portland Cement 
production process where a dry kiln system is integrated with the raw 
mill so that all or a portion of the kiln exhaust gases are used to 
perform the drying operation of the raw mill, with no auxiliary heat 
source used. In this system the kiln is capable of operating without 
the raw mill operating, but the raw mill cannot operate without the 
kiln gases, and consequently, the raw mill does not generate a separate 
exhaust gas stream.
    Kiln means an oven or furnace, including any associated preheater 
or precalciner devices, in-line raw mills, in-line coal mills or alkali 
bypasses used for processing a substance by burning, firing or drying. 
Kilns include cement kilns that produce clinker by heating limestone 
and other materials for subsequent production of Portland Cement. 
Because the alkali bypass, in-line raw mill and in-line coal mill are 
considered an integral part of the kiln, the kiln emissions limits also 
apply to the exhaust of the alkali bypass, in-line raw mill and in-line 
coal mill.
    Laboratory analysis unit means units that burn samples of materials 
for the purpose of chemical or physical analysis. A laboratory analysis 
unit is not an incinerator, waste-burning kiln, an energy recovery unit 
or a small, remote incinerator under this subpart.
    Load fraction means the actual heat input of an energy recovery 
unit divided by heat input during the performance test that established 
the minimum sorbent injection rate or minimum activated carbon 
injection rate, expressed as a fraction (e.g., for 50 percent load the 
load fraction is 0.5).
    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.
    Minimum voltage or amperage means 90 percent of the lowest test-run 
average voltage or amperage to the electrostatic precipitator measured 
during the most recent particulate matter or mercury performance test 
demonstrating compliance with the applicable emission limits.
    Modification or modified CISWI unit means a CISWI unit that has 
been changed later than August 7, 2013, 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.
    Municipal solid waste or municipal-type solid waste means 
household, commercial/retail, or institutional waste. Household waste 
includes material discarded by residential dwellings, hotels, motels, 
and other similar permanent or temporary housing. Commercial/retail 
waste includes material discarded by stores, offices, restaurants, 
warehouses, nonmanufacturing activities at industrial facilities, and 
other similar establishments or facilities. Institutional waste 
includes materials discarded by schools, by hospitals (nonmedical), by 
nonmanufacturing activities at prisons and government facilities, and 
other similar establishments or facilities. Household, commercial/
retail, and institutional waste does include yard waste and refuse-
derived fuel. Household, commercial/retail, and institutional waste 
does not include used oil; sewage sludge; wood pallets; construction, 
renovation, and demolition wastes (which include railroad ties and 
telephone poles); clean wood; industrial process or manufacturing 
wastes; medical waste; or motor vehicles (including motor vehicle parts 
or vehicle fluff).
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of solid waste is combusted 
at any time in the CISWI unit.
    Oxygen analyzer system means all equipment required to determine 
the oxygen content of a gas stream and used to monitor oxygen in the 
boiler or process heater flue gas, boiler/process heater, firebox, or 
other appropriate location. This definition includes oxygen trim 
systems and certified oxygen CEMS. The source owner or operator is 
responsible to install, calibrate, maintain, and operate the oxygen 
analyzer system in accordance with the manufacturer's recommendations.
    Oxygen trim system means a system of monitors that is used to 
maintain excess air at the desired level in a combustion device over 
its operating range. A typical system consists of a flue gas oxygen 
and/or carbon monoxide monitor that automatically provides a feedback 
signal to the combustion air controller or draft controller.
    Part reclamation unit means a unit that burns coatings off parts 
(e.g., tools, equipment) so that the parts can be reconditioned and 
reused.
    Particulate matter means total particulate matter emitted from 
CISWI units as measured by Method 5 or Method 29 of appendix A of this 
part.
    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).
    Performance evaluation means the conduct of relative accuracy 
testing, calibration error testing, and other

[[Page 3081]]

measurements used in validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified 
in the performance test section of the relevant standard.
    Process change means any of the following physical or operational 
changes:
    (1) A physical change (maintenance activities excluded) to the 
CISWI unit which may increase the emission rate of any air pollutant to 
which a standard applies;
    (2) An operational change to the CISWI unit where a new type of 
non-hazardous secondary material is being combusted;
    (3) A physical change (maintenance activities excluded) to the air 
pollution control devices used to comply with the emission limits for 
the CISWI unit (e.g., replacing an electrostatic precipitator with a 
fabric filter);
    (4) An operational change to the air pollution control devices used 
to comply with the emission limits for the affected CISWI unit (e.g., 
change in the sorbent injection rate used for activated carbon 
injection).
    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.
    Raw mill means a ball or tube mill, vertical roller mill or other 
size reduction equipment, that is not part of an in-line kiln/raw mill, 
used to grind feed to the appropriate size. Moisture may be added or 
removed from the feed during the grinding operation. If the raw mill is 
used to remove moisture from feed materials, it is also, by definition, 
a raw material dryer. The raw mill also includes the air separator 
associated with the raw mill.
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins on or after August 7, 2013.
    (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.
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business 
function, or any other person who performs similar policy or decision-
making functions for the corporation, or a duly authorized 
representative of such person if the representative is responsible for 
the overall operation of one or more manufacturing, production, or 
operating facilities applying for or subject to a permit and either:
    (i) The facilities employ more than 250 persons or have gross 
annual sales or expenditures exceeding $25 million (in second quarter 
1980 dollars); or
    (ii) The delegation of authority to such representatives is 
approved in advance by the permitting authority;
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively;
    (3) For a municipality, state, federal, or other public agency: 
Either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of EPA); or
    (4) For affected facilities:
    (i) The designated representative in so far as actions, standards, 
requirements, or prohibitions under Title IV of the Clean Air Act or 
the regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under 
part 60.
    Shutdown means the period of time after all waste has been 
combusted in the primary chamber.
    Small, remote incinerator means an incinerator that combusts solid 
waste (as that term is defined by the Administrator in 40 CFR part 241) 
and combusts 3 tons per day or less solid waste and is more than 25 
miles driving distance to the nearest municipal solid waste landfill.
    Soil treatment unit means a unit that thermally treats petroleum-
contaminated soils for the sole purpose of site remediation. A soil 
treatment unit may be direct-fired or indirect fired. A soil treatment 
unit is not an incinerator, a waste-burning kiln, an energy recovery 
unit or a small, remote incinerator under this subpart.
    Solid waste means the term solid waste as defined in 40 CFR 241.2.
    Solid waste incineration unit means a distinct operating unit of 
any facility which combusts any solid waste (as that term is defined by 
the Administrator in 40 CFR part 241) material from commercial or 
industrial establishments or the general public (including single and 
multiple residences, hotels and motels). Such term does not include 
incinerators or other units required to have a permit under section 
3005 of the Solid Waste Disposal Act. The term ``solid waste 
incineration unit'' does not include:
    (1) Materials recovery facilities (including primary or secondary 
smelters) which combust waste for the primary purpose of recovering 
metals;
    (2) Qualifying small power production facilities, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 769(17)(C)), or 
qualifying cogeneration facilities, as defined in section 3(18)(B) of 
the Federal Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous 
waste (such as units which burn tires or used oil, but not including 
refuse-derived fuel) for the production of electric energy or in the 
case of qualifying cogeneration facilities which burn homogeneous waste 
for the production of electric energy and steam or forms of useful 
energy (such as heat) which are used for industrial, commercial, 
heating or cooling purposes; or
    (3) Air curtain incinerators provided that such incinerators only 
burn wood wastes, yard wastes and clean lumber and that such air 
curtain incinerators comply with opacity limitations to be established 
by the Administrator by rule.
    Space heater means a unit that meets the requirements of 40 CFR 
279.23. A space heater is not an incinerator, a waste-burning kiln, an 
energy recovery unit or a small, remote incinerator under this subpart.
    Standard conditions, when referring to units of measure, means a 
temperature of 68[emsp14][deg]F (20 [deg]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.
    Waste-burning kiln means a kiln that is heated, in whole or in 
part, by combusting solid waste (as the term is defined by the 
Administrator in 40 CFR part 241). Secondary materials used in Portland 
cement kilns shall not be deemed to be combusted unless they are 
introduced into the flame zone in the

[[Page 3082]]

hot end of the kiln or mixed with the precalciner fuel.
    Wet scrubber means an add-on air pollution control device that uses 
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.

 Table 1 to Subpart DDDD of Part 60--Model Rule--Increments of Progress
                        and Compliance Schedules
------------------------------------------------------------------------
 Comply with these increments of progress        By these dates \a\
------------------------------------------------------------------------
Increment 1--Submit final control plan....  (Dates to be specified in
                                             state plan).
Increment 2--Final compliance.............  (Dates to be specified in
                                             state plan).\b\
------------------------------------------------------------------------
\a\ Site-specific schedules can be used at the discretion of the state.
\b\ The date can be no later than 3 years after the effective date of
  state plan approval or December 1, 2005 for CISWI units that commenced
  construction on or before November 30, 1999. The date can be no later
  than 3 years after the effective date of approval of a revised state
  plan or February 7, 2018, for CISWI units that commenced construction
  on or before June 4, 2010.


 Table 2 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Incinerators Before [Date to
                                         be specified in state plan] \b\
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.004 milligrams per     3-run average (1 hour    Performance test
                                        dry standard cubic       minimum sample time      (Method 29 of appendix
                                        meter.                   per run).                A of this part).
Carbon monoxide......................  157 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 10, 10A, or
                                                                 per run).                10B, of appendix A of
                                                                                          this part).
Dioxins/furans (toxic equivalency      0.41 nanograms per dry   3-run average (1 hour    Performance test
 basis).                                standard cubic meter.    minimum sample time      (Method 23 of appendix
                                                                 per run).                A of this part).
Hydrogen chloride....................  62 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.04 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of this part).
Mercury..............................  0.47 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 or 30B at
                                                                 per run).                40 CFR part 60,
                                                                                          appendix A-8) or ASTM
                                                                                          D6784-02 (Reapproved
                                                                                          2008).\c\
Opacity..............................  10 percent.............  Three 1-hour blocks      Performance test
                                                                 consisting of ten 6-     (Method 9 at 40 CFR
                                                                 minute average opacity   part 60, appendix A-
                                                                 values.                  4).
Oxides of nitrogen...................  388 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Methods 7 or 7E at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4).
Particulate matter...................  70 milligrams per dry    3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 5 or 29 of
                                                                 per run).                appendix A of this
                                                                                          part).
Sulfur dioxide.......................  20 parts per million by  3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A of this
                                                                                          part).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.
\b\ Applies only to incinerators subject to the CISWI standards through a state plan or the Federal plan prior
  to June 4, 2010. The date specified in the state plan can be no later than 3 years after the effective date of
  approval of a revised state plan or February 7, 2018.
\c\ Incorporated by reference, see Sec.   60.17.


               Table 3 to Subpart DDDD of Part 60--Model Rule--Operating Limits for Wet Scrubbers
----------------------------------------------------------------------------------------------------------------
                                  You must establish          And monitor using these minimum frequencies
 For these operating parameters     these operating  -----------------------------------------------------------
                                        limits         Data measurement     Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate.....................  Maximum charge      Continuous........  Every hour........  Daily (batch
                                   rate.                                                       units). 3-hour
                                                                                               rolling
                                                                                               (continuous and
                                                                                               intermittent
                                                                                               units) \a\
Pressure drop across the wet      Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling \a\
 scrubber or amperage to wet       drop or amperage.
 scrubber.
Scrubber liquor flow rate.......  Minimum flow rate.  Continuous........  Every 15 minutes..  3-hour rolling \a\

[[Page 3083]]

 
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 4 to Subpart DDDD of Part 60--Model Rule--Toxic Equivalency
                                 Factors
------------------------------------------------------------------------
                                                    Toxic equivalency
              Dioxin/furan isomer                         factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin......                    1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin....                    0.5
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin...                    0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin...                    0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin...                    0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin                    0.01
octachlorinated dibenzo-p-dioxin...............                    0.001
2,3,7,8-tetrachlorinated dibenzofuran..........                    0.1
2,3,4,7,8-pentachlorinated dibenzofuran........                    0.5
1,2,3,7,8-pentachlorinated dibenzofuran........                    0.05
1,2,3,4,7,8-hexachlorinated dibenzofuran.......                    0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran.......                    0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran.......                    0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran.......                    0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran....                    0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran....                    0.01
octachlorinated dibenzofuran...................                    0.001
------------------------------------------------------------------------


              Table 5 to Subpart DDDD of Part 60--Model Rule--Summary of Reporting Requirements \a\
----------------------------------------------------------------------------------------------------------------
                Report                         Due date                 Contents                Reference
----------------------------------------------------------------------------------------------------------------
Waste Management Plan................  No later than the date    Waste           Sec.   60.2755.
                                        specified in table 1     management plan.
                                        for submittal of the
                                        final control plan.
Initial Test Report..................  No later than 60 days     Complete test   Sec.   60.2760.
                                        following the initial    report for the initial
                                        performance test.        performance test.
                                                                 The values for
                                                                 the site-specific
                                                                 operating limits.
                                                                 Installation
                                                                 of bag leak detection
                                                                 systems for fabric
                                                                 filters.
Annual report........................  No later than 12 months   Name and        Sec.  Sec.   60.2765
                                        following the            address.                 and 60.2770.
                                        submission of the        Statement and
                                        initial test report.     signature by
                                        Subsequent reports are   responsible official..
                                        to be submitted no       Date of
                                        more than 12 months      report..
                                        following the previous   Values for the
                                        report.                  operating limits..
                                                                 Highest
                                                                 recorded 3-hour
                                                                 average and the lowest
                                                                 3-hour average, as
                                                                 applicable, for each
                                                                 operating parameter
                                                                 recorded for the
                                                                 calendar year being
                                                                 reported.
                                                                 If a
                                                                 performance test was
                                                                 conducted during the
                                                                 reporting period, the
                                                                 results of the test.
                                                                 If a
                                                                 performance test was
                                                                 not conducted during
                                                                 the reporting period,
                                                                 a statement that the
                                                                 requirements of Sec.
                                                                 60.2720(a) were met.
                                                                 Documentation
                                                                 of periods when all
                                                                 qualified CISWI unit
                                                                 operators were
                                                                 unavailable for more
                                                                 than 8 hours but less
                                                                 than 2 weeks.
                                                                 If you are
                                                                 conducting performance
                                                                 tests once every 3
                                                                 years consistent with
                                                                 Sec.   60.2720(a), the
                                                                 date of the last 2
                                                                 performance tests, a
                                                                 comparison of the
                                                                 emission level you
                                                                 achieved in the last 2
                                                                 performance tests to
                                                                 the 75 percent
                                                                 emission limit
                                                                 threshold required in
                                                                 Sec.   60.2720(a) and
                                                                 a statement as to
                                                                 whether there have
                                                                 been any operational
                                                                 changes since the last
                                                                 performance test that
                                                                 could increase
                                                                 emissions.

[[Page 3084]]

 
Emission limitation or operating       By August 1 of that       Dates and       Sec.   60.2775 and
 limit deviation report.                year for data            times of deviation.      60.2780.
                                        collected during the     Averaged and
                                        first half of the        recorded data for
                                        calendar year. By        those dates.
                                        February 1 of the        Duration and
                                        following year for       causes of each
                                        data collected during    deviation and the
                                        the second half of the   corrective actions
                                        calendar year.           taken.
                                                                 Copy of
                                                                 operating limit
                                                                 monitoring data and
                                                                 any test reports.
                                                                 Dates, times
                                                                 and causes for monitor
                                                                 downtime incidents.
Qualified Operator Deviation           Within 10 days of         Statement of    Sec.   60.2785(a)(1).
 Notification.                          deviation.               cause of deviation.
                                                                 Description of
                                                                 efforts to have an
                                                                 accessible qualified
                                                                 operator.
                                                                 The date a
                                                                 qualified operator
                                                                 will be accessible.
Qualified Operator Deviation Status    Every 4 weeks following   Description of  Sec.   60.2785(a)(2).
 Report.                                deviation.               efforts to have an
                                                                 accessible qualified
                                                                 operator.
                                                                 The date a
                                                                 qualified operator
                                                                 will be accessible.
                                                                 Request for
                                                                 approval to continue
                                                                 operation.
 
Qualified Operator Deviation           Prior to resuming         Notification    Sec.   60.2785(b)
 Notification of Resumed Operation.     operation.               that you are resuming
                                                                 operation.
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.


  Table 6 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Incinerators on and After
                                    [Date to be specified in state plan] \a\
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \b\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0026 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Carbon monoxide......................  17 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxins/furans (total mass basis)....  4.6 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Dioxins/furans (toxic equivalency      0.13 nanograms per dry   3-run average (collect   Performance test
 basis).                                standard cubic meter.    a minimum volume of 2    (Method 23 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  29 parts per million     3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 60     40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  0.015 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter. \c\.              dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0048 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 an ASTM        (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008) \d\, collect a     appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008). \d\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  53 parts per million     3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter filterable........  34 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meter).                  A-3 or appendix A-8).
Sulfur dioxide.......................  11 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c at 40
                                                                 per run).                CFR part 60, appendix
                                                                                          A-4).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emission test
                                        no more than 5% of the   observation periods.     (Method 22 at 40 CFR
                                        hourly observation                                part 60, appendix A-
                                        period.                                           7).
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or February 7, 2018.
\b\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the total mass basis limit or the toxic equivalency basis limit.

[[Page 3085]]

 
\c\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2720 if all of the other provisions of Sec.   60.2720 are met. For all other pollutants
  that do not contain a footnote ``c'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\d\ Incorporated by reference, see Sec.   60.17.


 Table 7 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Energy Recovery Units After
                                                  May 20, 2011
                                     [Date to be specified in state plan] a
----------------------------------------------------------------------------------------------------------------
                                        You must meet this emission
                                              limitation \b\                  Using this        And determining
      For the air pollutant      ----------------------------------------   averaging time     compliance using
                                      Liquid/gas            Solids                                this method
----------------------------------------------------------------------------------------------------------------
Cadmium.........................  0.023 milligrams    Biomass--0.0014     3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter.        2 dry standard      appendix A-8).
                                                       Coal--0.0095        cubic meters).      Use ICPMS for the
                                                       milligrams per                          analytical
                                                       dry standard                            finish.
                                                       cubic meter.
Carbon monoxide.................  35 parts per        Biomass--260 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 10 at 40
                                   volume.             volume. Coal--95    sample time per     CFR part 60,
                                                       parts per million   run).               appendix A-4).
                                                       dry volume.
Dioxins/furans (total mass        2.9 nanograms per   Biomass--0.52       3-run average       Performance test
 basis).                           dry standard        nanograms per dry   (collect a          (Method 23 at 40
                                   cubic meter.        standard cubic      minimum volume of   CFR part 60,
                                                       meter.\c\ Coal--    4 dry standard      appendix A-7).
                                                       5.1 nanograms per   cubic meter).
                                                       dry standard
                                                       cubic meter.\c\.
Dioxins/furans (toxic             0.32 nanograms per  Biomass--0.12       3-run average       Performance test
 equivalency basis).               dry standard        nanograms per dry   (collect a          (Method 23 at 40
                                   cubic meter.        standard cubic      minimum volume of   CFR part 60,
                                                       meter. Coal--       4 dry standard      appendix A-7).
                                                       0.075 nanograms     cubic meters).
                                                       per dry standard
                                                       cubic meter.\c\.
Hydrogen chloride...............  14 parts per        Biomass--0.20       3-run average (for  Performance test
                                   million dry         parts per million   Method 26,          (Method 26 or 26A
                                   volume.             dry volume. Coal--  collect a minimum   at 40 CFR part
                                                       13 parts per        of 120 liters;      60, appendix A-
                                                       million dry         for Method 26A,     8).
                                                       volume.             collect a minimum
                                                                           volume of 1 dry
                                                                           standard cubic
                                                                           meter).
Lead............................  0.096 milligrams    Biomass--0.014      3-run average       Performance test
                                   per dry standard    milligrams per      (collect a          (Method 29 at 40
                                   cubic meter.        dry standard        minimum volume of   CFR part 60,
                                                       cubic meter.\c\     2 dry standard      appendix A-8).
                                                       Coal--0.14          cubic meters).      Use ICPMS for the
                                                       milligrams per                          analytical
                                                       dry standard                            finish.
                                                       cubic meter.\c\.
Mercury.........................  0.0024 milligrams   Biomass--0.0022     3-run average (For  Performance test
                                   per dry standard    milligrams per      Method 29 and       (Method 29 or 30B
                                   cubic meter.        dry standard        ASTM D6784-02       at 40 CFR part
                                                       cubic meter.        (Reapproved 2008)   60, appendix A-8)
                                                       Coal--0.016         \d\, collect a      or ASTM D6784-02
                                                       milligrams per      minimum volume of   (Reapproved 2008)
                                                       dry standard        2 dry standard      \d\.
                                                       cubic meter.        cubic meters per
                                                                           run. For Method
                                                                           30B, collect a
                                                                           minimum sample as
                                                                           specified in
                                                                           Method 30B at 40
                                                                           CFR part 60,
                                                                           appendix A).
Oxides of nitrogen..............  76 parts per        Biomass--290 parts  3-run average (for  Performance test
                                   million dry         per million dry     Method 7E, 1 hour   (Method 7 or 7E
                                   volume.             volume. Coal--340   minimum sample      at 40 CFR part
                                                       parts per million   time per run).      60, appendix A-
                                                       dry volume.                             4).
Particulate matter filterable...  110 milligrams per  Biomass--11         3-run average       Performance test
                                   dry standard        milligrams per      (collect a          (Method 5 or 29
                                   cubic meter.        dry standard        minimum volume of   at 40 CFR part
                                                       cubic meter.        1 dry standard      60, appendix A-3
                                                       Coal--160           cubic meter).       or appendix A-8)
                                                       milligrams per                          if the unit has
                                                       dry standard                            an annual average
                                                       cubic meter.                            heat input rate
                                                                                               less than or
                                                                                               equal to 250
                                                                                               MMBtu/hr; or PM
                                                                                               CPMS (as
                                                                                               specified in Sec.
                                                                                                 60.2710(x)) if
                                                                                               the unit has an
                                                                                               annual average
                                                                                               heat input rate
                                                                                               greater than 250
                                                                                               MMBtu/hr.

[[Page 3086]]

 
Sulfur dioxide..................  720 parts per       Biomass--7.3 parts  3-run average (1    Performance test
                                   million dry         per million dry     hour minimum        (Method 6 or 6c
                                   volume.             volume. Coal--650   sample time per     at 40 CFR part
                                                       parts per million   run).               60, appendix A-
                                                       dry volume.                             4).
Fugitive ash....................  Visible emissions   Visible emissions   Three 1-hour        Visible emission
                                   for no more than    for no more than    observation         test (Method 22
                                   5 percent of the    5 percent of the    periods.            at 40 CFR part
                                   hourly              hourly                                  60, appendix A-
                                   observation         observation                             7).
                                   period.             period.
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or February 7, 2018.
\b\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis
  limit.
\c\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2720 if all of the other provisions of Sec.   60.2720 are met. For all other pollutants
  that do not contain a footnote ``c'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing, with the exception of annual performance tests to certify a CEMS or PM CPMS.
\d\ Incorporated by reference, see Sec.   60.17.


Table 8 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Waste-Burning Kilns After May
                                                    20, 2011
                                    [Date to be specified in state plan] \a\
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \b\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.0014 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter\c\.                dry standard cubic       part 60, appendix A-
                                                                 meters).                 8).
Carbon monoxide......................  110 (long kilns)/790     3-run average (1 hour    Performance test
                                        (preheater/              minimum sample time      (Method 10 at 40 CFR
                                        precalciner) parts per   per run).                part 60, appendix A-
                                        million dry volume.                               4).
Dioxins/furans (total mass basis)....  1.3 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic           a minimum volume of 4    (Method 23 at 40 CFR
                                        meter\c\.                dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Dioxins/furans (toxic equivalency      0.075 nanograms per dry  3-run average (collect   Performance test
 basis).                                standard cubic           a minimum volume of 4    (Method 23 at 40 CFR
                                        meter\c\.                dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Hydrogen chloride....................  3.0 parts per million    3-run average (collect   Performance test
                                        dry volume\c\.           a minimum volume of 1    (Method 321 at 40 CFR
                                                                 dry standard cubic       part 63, appendix A of
                                                                 meter) or 30-day         this part) or HCl CEMS
                                                                 rolling average if HCl   if a wet scrubber or
                                                                 CEMS is being used.      dry scrubber is not
                                                                                          used.
Lead.................................  0.014 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 2    (Method 29 at 40 CFR
                                        meter\c\.                dry standard cubic       part 60, appendix A-
                                                                 meters).                 8).
Mercury..............................  0.011 milligrams per     30-day rolling average.  Mercury CEMS or sorbent
                                        dry standard cubic                                trap monitoring system
                                        meter.                                            (performance
                                                                                          specification 12A or
                                                                                          12B, respectively, of
                                                                                          appendix B of this
                                                                                          part.)
Oxides of nitrogen...................  630 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter filterable........  4.6 milligrams per dry   30-day rolling average.  PM CPMS (as specified
                                        standard cubic meter.                             in Sec.   60.2710(x))
Sulfur dioxide.......................  600 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6c at 40
                                                                 minimum of 20 liters;    CFR part 60, appendix
                                                                 for Method 6C, 1 hour    A-4).
                                                                 minimum sample time
                                                                 per run).
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or February 7, 2018.
\b\ All emission limitations are measured at 7 percent oxygen, dry basis at standard conditions. For dioxins/
  furans, you must meet either the total mass basis limit or the toxic equivalency basis limit.
\c\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   60.2720 if all of the other provisions of Sec.   60.2720 are met. For all other pollutants
  that do not contain a footnote ``c'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing, with the exception of annual performance tests to certify a CEMS or PM CPMS.


[[Page 3087]]


  Table 9 to Subpart DDDD of Part 60--Model Rule--Emission Limitations That Apply to Small, Remote Incinerators
                                               After May 20, 2011
                                    [Date to be specified in state plan] \a\
----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \b\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.95 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8).
Carbon monoxide......................  64 parts per million     3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 10 at 40 CFR
                                                                 per run).                part 60, appendix A-
                                                                                          4).
Dioxins/furans (total mass basis)....  4,400 nanograms per dry  3-run average (collect   Performance test
                                        standard cubic meter     a minimum volume of 1    (Method 23 at 40 CFR
                                        \b\.                     dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      180 nanograms per dry    3-run average (collect   Performance test
 basis).                                standard cubic meter     a minimum volume of 1    (Method 23 at 40 CFR
                                        \b\.                     dry standard cubic       part 60, appendix A-
                                                                 meters).                 7).
Fugitive ash.........................  Visible emissions for    Three 1-hour             Visible emissions test
                                        no more than 5 percent   observation periods.     (Method 22 at 40 CFR
                                        of the hourly                                     part 60, appendix A-
                                        observation period.                               7).
Hydrogen chloride....................  300 parts per million    3-run average (For       Performance test
                                        dry volume.              Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 120    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meter per run).
Lead.................................  2.1 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters).                 8). Use ICPMS for the
                                                                                          analytical finish.
Mercury..............................  0.0053 milligrams per    3-run average (For       Performance test
                                        dry standard cubic       Method 29 and ASTM       (Method 29 or 30B at
                                        meter.                   D6784-02 (Reapproved     40 CFR part 60,
                                                                 2008),\c\ collect a      appendix A-8) or ASTM
                                                                 minimum volume of 2      D6784-02 (Reapproved
                                                                 dry standard cubic       2008).\c\
                                                                 meters per run. For
                                                                 Method 30B, collect a
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A).
Oxides of nitrogen...................  190 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 7E, 1 hour        (Method 7 or 7E at 40
                                                                 minimum sample time      CFR part 60, appendix
                                                                 per run).                A-4).
Particulate matter (filterable)......  270 milligrams per dry   3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 or 29 at 40
                                                                 dry standard cubic       CFR part 60, appendix
                                                                 meters).                 A-3 or appendix A-8).
Sulfur dioxide.......................  150 parts per million    3-run average (for       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6c at 40
                                                                 minimum of 20 liters     CFR part 60, appendix
                                                                 per run; for Method      A-4).
                                                                 6C, 1 hour minimum
                                                                 sample time per run).
----------------------------------------------------------------------------------------------------------------
\a\ The date specified in the state plan can be no later than 3 years after the effective date of approval of a
  revised state plan or February 7, 2018.
\b\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions. For dioxins/furans, you must meet either the total mass basis limit or the toxic equivalency basis
  limit.
\c\ Incorporated by reference, see Sec.   60.17.

[FR Doc. 2014-29568 Filed 1-20-15; 8:45 am]
BILLING CODE 6560-50-P


