
[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Proposed Rules]
[Pages 23401-23439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08777]



[[Page 23401]]

Vol. 80

Monday,

No. 80

April 27, 2015

Part III





Environmental Protection Agency





-----------------------------------------------------------------------





40 CFR Part 62





Federal Plan Requirements for Sewage Sludge Incineration Units 
Constructed on or Before October 14, 2010; Proposed Rule

  Federal Register / Vol. 80 , No. 80 / Monday, April 27, 2015 / 
Proposed Rules  

[[Page 23402]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-HQ-OAR-2012-0319; FRL-9923-62-OAR]
RIN 2060-AR77


Federal Plan Requirements for Sewage Sludge Incineration Units 
Constructed on or Before October 14, 2010

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: On March 21, 2011, the Environmental Protection Agency (EPA) 
issued emissions standards for new and existing sewage sludge 
incineration units (SSI). This action proposes that existing SSI units 
implement the emission guidelines (EG) adopted on March 21, 2011, in 
states that do not have an approved state plan implementing the EG in 
place by March 21, 2012. This Federal Plan will result in emissions 
reductions of certain pollutants from all affected units.

DATES: Comments. Comments must be received on or before June 11, 2015.
    Public Hearing. If anyone contacts the EPA by May 7, 2015 
requesting to speak at a public hearing, the EPA will hold a public 
hearing on May 12, 2015.

ADDRESSES: Submit your comments on the Federal Plan requirements 
proposed rule, identified by Docket ID No. EPA-HQ-OAR-2012-0319, by one 
of the following methods:
     Federal Rulemaking Portal: www.regulations.gov: Follow the 
online instructions for submitting comments.
     Email: a-and-r-Docketa@epa.gov, Attention Docket ID No. 
EPA-HQ- OAR-2012-0319.
     Facsimile: Fax your comments to (202) 566-9744, Attention 
Docket ID No. EPA-HQ-OAR-2012-0319.
     Mail: Send your comments to: EPA Docket Center (EPA/DC), 
Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-
2012-0319. We request that a separate copy also be sent to the contact 
person identified below (see FOR FURTHER INFORMATION CONTACT).
     Hand Delivery: Deliver your comments to: EPA Docket Center 
(EPA/DC), EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2012-0319. 
Such deliveries are accepted only during the normal hours of operation 
(8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays) and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments on the Federal Plan requirements 
proposed rule to Docket ID No. EPA-HQ-OAR-2012-0319. The EPA's policy 
is that all comments received will be included in the public docket and 
may be made available online 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 a public hearing is held, it will be held at the 
EPA's campus located at 109 T.W. Alexander Drive in Research Triangle 
Park, NC. Contact Ms. Virginia Hunt at (919) 541-0832, to request a 
hearing, to request to speak at a public hearing or to determine if a 
hearing will be held. If no one contacts the EPA requesting to speak at 
a public hearing concerning this proposed rule by May 7, 2015, a public 
hearing will not be held. If a hearing is held, it 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 this hearing, 
if held, will be 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. Commenters 
should notify Ms. Hunt if they will need specific equipment, or if 
there are other special needs related to providing comments at the 
hearings. Verbatim transcripts of the hearing and written statements 
will be included in the docket for the rulemaking. The EPA will make 
every effort to follow the schedule as closely as possible on the day 
of the hearing; however, please plan for the hearing to run either 
ahead of schedule or behind schedule. All details regarding a public 
hearing if one is held will be posted on our Web site at http://www.epa.gov/ttn/atw/129/ssi/ssipg.html. The hearing will be cancelled 
without further notice.
    Docket: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2012-0319. The EPA has previously established 
a docket for the March 21, 2011, original sewage sludge incinerator 
(SSI) new source performance standards (NSPS) and emissions guidelines 
(EG) under Docket ID No. EPA-HQ-OAR-2009-0559. 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 whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, will be publicly 
available only in hard copy form.

[[Page 23403]]

Publicly available docket materials are available either electronically 
at www.regulations.gov or in hard copy at the EPA Docket Center EPA/DC, 
EPA 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 holidays. The telephone number 
for the Public Reading Room is (202) 566-1744, and the telephone number 
for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Hambrick, Fuels and 
Incineration Group, Sector Policies and Programs Division (E143-05), 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-0964; fax number: (919) 541-3470; 
email address: hambrick.amy@epa.gov.

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

7-PAH 7-Polycyclic Aromatic Hydrocarbons
ACI Activated Carbon Injection
AG Attorney General
ANSI American National Standards Institute
ASME American Society of Mechanical Engineers
ASTM American Society of Testing and Materials
CAA Clean Air Act
CBI Confidential Business Information
Cd Cadmium
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CEMS Continuous Emissions Monitoring Systems
CFR Code of Federal Regulations
CO Carbon Monoxide
Cr Chromium
EG Emission Guidelines
EJ Environmental Justice
ERT Electronic Reporting Tool
ESP Electrostatic Precipitators
FB Fluidized Bed
FF Fabric Filter
HAP Hazardous Air Pollutants
HCl Hydrogen Chloride
Hg Mercury
ISTDMS Integrated Sorbent Trap Dioxin Monitoring System
ISTMMS Integrated Sorbent Trap Mercury Monitoring System
Mg/dscm Milligrams per Dry Standard Cubic Meter
MH Multiple Hearth
Mn Manganese
NAICS North American Industrial Classification System
Ng/dscm Nanograms per Dry Standard Cubic Meter
Ni Nickel
NOX Nitrogen Oxides
NSPS New Source Performance Standards
NTTAA National Technology Transfer and Advancement Act of 1995
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
Pb Lead
PCB Polychlorinated Biphenyls
PCDD/PCDF Polychlorinated Dibenzo-P-Dioxins and Polychlorinated 
Dibenzofurans
PM Particulate Matter
PPM Parts per Million
PPMV Parts per Million by Volume
PPMDV Parts per Million of Dry Volume
PRA Paperwork Reduction Act
PS Performance Specifications
RFA Regulatory Flexibility Act
SBA Small Business Administration
SO2 Sulfur Dioxide
SSI Sewage Sludge Incineration
TEF Toxicity Equivalence Factor
TEQ Toxicity Equivalence
The Court U.S. Court of Appeals for the District of Columbia Circuit
TMB Total Mass Basis
TPY Tons per Year
TTN Technology Transfer Network
UMRA Unfunded Mandates Reform Act of 1995
VCS Voluntary Consensus Standards
WWW World Wide Web

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

I. General Information
    A. Does the proposed action apply to me?
    B. What should I consider as I prepare my comments?
II. Background Information
    A. What is the regulatory development background for this 
proposed rule?
    B. What is the purpose of this proposed rule?
    C. What is the status of state plan submittals?
III. Affected Facilities
    A. What is a sewage sludge incinerator?
    B. Does the Federal Plan apply to me?
    C. How do I determine if my SSI is covered by an approved and 
effective state plan?
IV. Elements of the SSI Federal Plan
    A. Legal Authority and Enforcement Mechanism
    B. Inventory of Affected SSI
    C. Inventory of Emissions
    D. Compliance Schedules
    E. Emissions Limits and Operating Limits
    F. Operator Training and Qualification Requirements
    G. Testing, Monitoring, Recordkeeping and Reporting Requirements
    H. Record of Public Hearings
    I. Progress Reports
    J. Affirmative Defense to Malfunctions
V. Summary of Proposed SSI Federal Plan Requirements
    A. What are the proposed applicability requirements?
    B. What are the proposed compliance schedules?
    C. What are the proposed emissions limits and operating limits?
    D. What are the proposed performance testing and monitoring 
requirements?
    E. What are the proposed recordkeeping and reporting 
requirements?
    F. What other requirements is the EPA proposing?
VI. SSI That Have or Will Shut Down
    A. Units That Plan To Close Rather Than Comply
    B. Inoperable Units
    C. SSI That Have Shut Down
VII. Implementation of the Federal Plan and Delegation
    A. Background of Authority
    B. Delegation of the Federal Plan and Retained Authorities
    C. Mechanisms for Transferring Authority
    D. Implementing Authority
VIII. Title V Operating Permits
    A. Title V and Delegation of a Federal Plan
IX. 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 That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Environmental Justice Considerations
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does the proposed action apply to me?

    Regulated Entities. If you own or operate an existing SSI and are 
not already subject to an EPA-approved and effective state plan 
implementing the March 21, 2011, emissions guidelines (EG), you may be 
covered by this proposed action. Existing SSI are those that commenced 
construction on or before October 14, 2010. Regulated categories and 
entities include those that operate SSI. Although there is no specific 
North American Industry Classification System (NAICS) code for SSI, 
these units may be operated by wastewater treatment facilities designed 
to treat domestic sewage sludge. The following NAICS codes could apply 
as shown in Table 1 below:

[[Page 23404]]



                               Table 1--Examples of Potentially Regulated Entities
----------------------------------------------------------------------------------------------------------------
                 Category                    NAICS code          Examples of potentially regulated entities
----------------------------------------------------------------------------------------------------------------
Solid waste combustors and incinerators..          562213  Municipalities with SSI units.
Sewage treatment facilities..............          221320  .....................................................
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
general guide for identifying entities likely to be affected by the 
proposed action. To determine whether your facility would be affected 
by this action, you should examine the applicability criteria in 40 CFR 
62.15855 to 62.15870 of subpart LLL being proposed today. If you have 
any questions regarding the applicability of this action to a 
particular entity, contact the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

B. What should I consider as I prepare my comments?

1. Submitting CBI
    Do not submit information that you consider to be CBI 
electronically through www.regulations.gov or email. Send or deliver 
information identified as CBI to only the following address:
    OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research 
Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2012-0319. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI on 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. 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.
    2. Docket. The docket number for the proposed action regarding the 
SSI Federal Plan (40 CFR part 62, subpart LLL) is Docket ID No. EPA-HQ-
OAR-2012-0319.
    3. World Wide Web (WWW). In addition to being available in the 
docket, an electronic copy of the proposed action is available on the 
WWW through the Technology Transfer Network (TTN) Web site. Following 
signature, the EPA will post a copy of the proposed action at http://www.epa.gov/airtoxics/129/ssi/ssipg.html. The TTN provides information 
and technology exchange in various areas of air pollution control. 
Additional information is also available at the same Web site.
4. Solicitation of Comments
    The EPA is aware of concerns regarding the 40 CFR 62.16015 
provision requiring the SSI to operate at a minimum of 85 percent of 
the maximum permitted capacity during testing. We are specifically 
soliciting comments and additional data on whether the 85 percent 
threshold warrants a revision due to operational limitations or other 
factors.

II. Background Information

A. What is the regulatory development background for this proposed 
rule?

    Section 129 of the Clean Air Act (CAA), titled, ``Solid Waste 
Combustion,'' requires the EPA to develop and adopt standards for solid 
waste incineration units pursuant to CAA sections 111 and 129. On March 
21, 2011, the EPA promulgated NSPS and EG for SSI units located at 
wastewater treatment facilities designed to treat domestic sewage 
sludge. See 76 FR 15372. Codified at 40 CFR part 60, subparts LLLL and 
MMMM, these final rules set limits for nine pollutants under section 
129 of the CAA: cadmium (Cd), carbon monoxide (CO), hydrogen chloride 
(HCl), lead (Pb), mercury (Hg), nitrogen oxides (NOX), 
particulate matter (PM), polychlorinated dibenzo-p-dioxins and 
polychlorinated dibenzofurans (PCDDs/PCDFs), and sulfur dioxide 
(SO2).
    Sections 111(b) and 129(a) of the CAA address emissions from new 
units (i.e., NSPS), and CAA sections 111(d) and 129(b) address 
emissions from existing units (i.e., EG). The NSPS are directly 
enforceable federal regulations, and, under CAA section 129(f)(1), 
become effective 6 months after promulgation. Unlike the NSPS, the EG 
are not themselves directly enforceable.
    Section 129(b)(2) of the CAA directs states with existing SSI 
subject to the EG to submit plans to the EPA that implement and enforce 
the EG. The deadline for states to submit state plans to the EPA for 
review was March 21, 2012.\1\ Sections 111 and 129(b)(3) of the CAA and 
40 CFR 60.27(c) and (d) require the EPA to develop, implement and 
enforce a Federal Plan for SSI in any state without an approvable state 
plan within 2 years after promulgation of the EG. This action proposes 
the SSI Federal Plan.
---------------------------------------------------------------------------

    \1\ Several states did not submit plans to the EPA by this date.
---------------------------------------------------------------------------

    On August 20, 2013, the U.S. Court of Appeals for the District of 
Columbia Circuit (the Court) remanded portions of the 2011 SSI rules 
for further explanation. National Ass'n. of Clean Water Agencies v. 
EPA, 734 F.3d 1115. The Court did not vacate the NSPS or EG, and, 
therefore, the requirements of the rules remain in place. The EPA is 
evaluating the Court's decision and intends to address the Court's 
remand in a timely manner. However, the court's remand requires EPA to 
provide additional explanation of several aspects of its MACT floor 
calculations in the SSI rule, and the Agency's response to the decision 
may require further evaluation of those calculations. In the meantime, 
the agency believes it is appropriate to propose the Federal Plan at 
this time because the SSI rule remains in place following the Court's 
decision and the federal plan is needed to implement the rule in states 
without an approved state plan. In this proposal, the EPA is soliciting 
public comment only on the implementation of the SSI EG through the 
proposed Federal Plan. The EPA will not address comments on the 
underlying SSI rule.

B. What is the purpose of this proposed rule?

    Section 129 of the CAA relies upon states as the preferred 
implementers of EG for existing SSI. States with existing SSI are to 
submit to the EPA within 1 year following promulgation of the EG state 
plans that are at least as protective as the EG. The EPA must develop, 
implement and enforce a Federal Plan within 2 years following 
promulgation of the EG for sources in states which have not submitted 
an approvable plan. The Federal Plan is an interim measure to ensure 
that emissions standards are implemented until states assume their

[[Page 23405]]

role as the preferred implementers of the EG.
    States without any existing SSI are directed to submit to the 
Administrator a letter of negative declaration certifying that there 
are no SSI in the state. No plan is required for states that do not 
have any SSI. SSI located in states that mistakenly submit a letter of 
negative declaration would be subject to the Federal Plan until a state 
plan covering those SSI becomes approved. State plans that have been 
submitted to implement the EG adopted on March 21, 2011, are currently 
undergoing EPA review. This action proposes the SSI Federal Plan to 
implement the EG adopted on March 21, 2011, for those states that did 
not have an approved state plan in place by March 21, 2012.
    Sections 111 and 129 of the CAA and 40 CFR 60.27(c) and (d) require 
the EPA to develop, implement and enforce a Federal Plan to cover 
existing SSI located in states that do not have an approved plan within 
2 years after promulgation of the EG (by March 21, 2013). The EPA is 
proposing the SSI Federal Plan now so that a promulgated Federal Plan 
will go into place for any such states, and, thus, ensuring 
implementation and enforcement of the SSI EG.
    Incineration of sewage sludge causes the release of a wide array of 
air pollutants, some of which exist in the waste feed material and are 
released unchanged during combustion, and some of which are generated 
as a result of the combustion process itself.\2\ The EPA estimated in 
the 2011 rule that once the state plans and Federal Plan become 
effective, a total emissions reduction of the regulated pollutants 
would occur as follows: Acid gases (i.e., HCl and SO2) about 
450 tons per year (TPY), PM about 58 TPY, non-mercury metals (i.e., Pb 
and Cd) about 1.7 TPY and Hg about 4 pounds per year. The EPA also 
estimated that air pollution control devices installed to comply with 
the 2011 rule would also effectively reduce emissions of pollutants 
such as 7-Polycyclic Aromatic Hydrocarbons (7-PAH), chromium (Cr), 
manganese (Mn), nickel (Ni), and polychlorinated biphenyls (PCB).
---------------------------------------------------------------------------

    \2\ See 76 FR 51371-51375, 51396-51399 and 51399-51400 to 
reference the regulatory background, summary of final rule changes 
and impacts of the EG adopted on March 21, 2011.
---------------------------------------------------------------------------

C. What is the status of state plan submittals?

    Sections 111(d) and 129(b)(3) of the CAA, 42 U.S.C. 7411(d) and 
7429(b)(3), authorize and require the EPA to develop and implement a 
Federal Plan for SSI located in states with no approved and effective 
state plan. The status of the state plans as of this proposal is 
outlined in the following table.

                     Table 2--Status of State Plans
------------------------------------------------------------------------
                 Status                               States
------------------------------------------------------------------------
I. States with EPA-Approved State Plans  Indiana.
II. States Anticipated to Submit         Huntsville, Alabama; Jefferson
 Negative Declarations to the EPA.        County, Alabama; Kentucky;
                                          Jefferson County, Kentucky;
                                          Mississippi; Tennessee;
                                          Montana; Pima County, Arizona;
                                          Pinal County, Arizona; Hawaii;
                                          Washoe County, Nevada;
                                          American Samoa; Guam; Oregon.
III. Negative Declaration Submitted/EPA  Maine; Vermont; District of
 Approved.                                Columbia; Delaware;
                                          Philadelphia County,
                                          Pennsylvania; West Virginia;
                                          Alabama; Arkansas; City of
                                          Albuquerque, New Mexico; New
                                          Mexico; Oklahoma; Texas;
                                          Nebraska; Colorado; North
                                          Dakota; South Dakota; Wyoming
                                          Arizona; Idaho.
IV. Final State Plans Submitted to the   New York; Florida; Georgia;
 EPA.                                     South Carolina.
V. Draft States Plans Submitted to the   Puerto Rico; Virginia;
 EPA.                                     Missouri.
VI. States from which the EPA has not    Rhode Island; Virgin Islands;
 received a draft or final plan or        Huntsville, Alabama; Jefferson
 negative declaration.                    County, Alabama; Kentucky;
                                          Jefferson County, Kentucky;
                                          Mississippi; North Carolina;
                                          Forsyth County, North
                                          Carolina; Mecklenburg County,
                                          North Carolina; Buncombe
                                          County, North Carolina;
                                          Tennessee; Minnesota;
                                          Louisiana; Iowa; Kansas; Utah;
                                          Montana; Pima County, Arizona;
                                          Pinal County, Arizona;
                                          California; Hawaii; Washoe
                                          County, Nevada; American
                                          Samoa; Guam; Alaska; Oregon;
                                          Washington.
VII. States Anticipated to Accept        Connecticut; Massachusetts; New
 Delegation of Federal Plan.              Hampshire; New Jersey;
                                          Maryland; Pennsylvania;
                                          Allegheny County,
                                          Pennsylvania; Illinois;
                                          Michigan; Ohio; Wisconsin;
                                          Maricopa County, Arizona;
                                          Nevada; Clark County, Nevada.
------------------------------------------------------------------------

    The preamble of the final Federal Plan will list states that have 
an EPA-approved plan in effect on the date the final Federal Plan is 
signed by the EPA Administrator. As Regional Offices approve state 
plans, they will also, in the same action, amend the appropriate 
subpart of 40 CFR part 62 to codify their approvals.
    The EPA will maintain a list of state plan submittals and approvals 
on the TTN Air Toxics Web site at http://www.epa.gov/airtoxics/129/ssi/ssipg.html. The list will help SSI owners or operators determine 
whether their SSI is affected by a state plan or the Federal Plan.
    Sewage sludge incinerator owners and operators can also contact the 
EPA Regional Office for the state in which their SSI is located to 
determine whether there is an approved and effective state plan in 
place. Table 3 lists the names, email addresses and telephone numbers 
of the EPA Regional Office contacts and the states and protectorates 
that they cover.

                                        Table 3--Regional Office Contacts
----------------------------------------------------------------------------------------------------------------
            Region                     Regional contact               Phone           States and protectorates
----------------------------------------------------------------------------------------------------------------
Region I......................  Patrick Bird,                      (617) 918-1287  Connecticut, Massachusetts,
                                 bird.patrick@epa.gov.                              Maine, New Hampshire, Rhode
                                                                                    Island, Vermont.
Region II.....................  Ted Gardella,                      (212) 637-3892  New York, New Jersey, Puerto
                                 gardella.anthony@epa.gov.                          Rico, Virgin Islands.

[[Page 23406]]

 
Region III....................  Mike Gordon,                       (215) 814-2039  Virginia, Delaware, District
                                 gordon.mike@epa.gov.                               of Columbia, Maryland,
                                                                                    Pennsylvania, West Virginia.
Region IV.....................  Stan Kukier,                       (404) 562-9046  Florida, Georgia, North
                                 Kukier.stan@epa.gov..                              Carolina, Alabama, Kentucky,
                                                                                    Mississippi, South Carolina,
                                                                                    Tennessee.
Region V......................  Margaret Sieffert,                 (312) 353-1151  Minnesota, Wisconsin,
                                 sieffert.margaret@epa.gov.                         Illinois, Indiana, Michigan,
                                                                                    Ohio.
Region VI.....................  Steve Thompson,                    (214) 665-2769  Arkansas, Louisiana, New
                                 thompson.steve@epa.gov.                            Mexico, Oklahoma, Texas.
Region VII....................  Lisa Hanlon,                       (913) 551-7599  Iowa, Kansas, Missouri,
                                 hanlon.lisa@epa.gov.                               Nebraska.
Region VIII...................  Kendra Morrison,                   (303) 312-6145  Colorado, Montana, North
                                 Morrison.kendra@epa.gov.                           Dakota, South Dakota, Utah,
                                                                                    Wyoming.
Region IX.....................  Joseph Lapka,                      (415) 947-4226  Arizona, California, Hawaii,
                                 lapka.joseph@epa.gov.                              Nevada, American Samoa,
                                                                                    Guam, Northern Mariana
                                                                                    Islands.
Region X......................  Heather Valdez,                    (206) 553-6220  Alaska, Idaho, Oregon,
                                 valdez.heather@epa.gov.                            Washington.
----------------------------------------------------------------------------------------------------------------

III. Affected Facilities

A. What is a sewage sludge incinerator?

    The term ``SSI'' means any unit \3\ that combusts any amount of 
sewage sludge located at a wastewater treatment facility designed to 
treat domestic sewage sludge, as defined in 40 CFR part 62, subpart 
LLL. The affected facility is each individual SSI unit. The Federal 
Plan defines two subcategories for existing SSI units in 40 CFR part 
62.16045 of subpart LLL: Multiple hearth (MH) incinerators and 
fluidized bed (FB) incinerators.
---------------------------------------------------------------------------

    \3\ An SSI unit is an enclosed device or devices using 
controlled flame combustion that burns sewage sludge for the purpose 
of reducing the volume of the sewage sludge by removing combustible 
matter. An SSI unit also includes, but is not limited to, the sewage 
sludge feed system, auxiliary fuel feed system, grate system, flue 
gas system, waste heat recovery equipment, if any, and bottom ash 
system. The SSI unit includes all ash handling systems connected to 
the bottom ash handling system. The combustion unit bottom ash 
system ends at the truck loading station or similar equipment that 
transfers the ash to final disposal. The SSI unit does not include 
air pollution control equipment or the stack. 40 CFR 60.5250.
---------------------------------------------------------------------------

    The combustion of sewage sludge that is not burned in an SSI unit 
located at a wastewater treatment facility designed to treat domestic 
sewage sludge may be subject to other standards under the CAA.

B. Does the Federal Plan apply to me?

    The Federal Plan would apply to the owner or operator of an 
affected SSI unit and the device is not covered by an approved and 
effective state plan as of March 21, 2012. The Federal Plan would cover 
SSI until the EPA approves a state plan that covers SSI and that plan 
becomes effective.
    If the construction of an SSI unit began on or before October 14, 
2010, it would be considered an existing SSI and could be subject to 
the Federal Plan. If the construction of an SSI unit began after 
October 14, 2010, or modification of an SSI unit began after September 
21, 2011, it would be considered a new SSI and would be subject to the 
NSPS.
    Any existing SSI would be subject to this Federal Plan, if, on the 
effective date of the Federal Plan, the EPA has not approved a state 
plan implementing the EG that covers an SSI unit or the EPA-approved 
state plan has not become effective. The specific applicability of the 
proposed Federal Plan is described in 40 CFR 62.15855 through 62.15870 
of subpart LLL. The Federal Plan would become effective 30 days after 
final promulgation.
    Once an approved state plan is in effect, the Federal Plan would no 
longer apply to SSI covered by an approved state plan. An approved 
state plan is a plan developed by a state that the EPA has reviewed and 
approved based on the requirements in 40 CFR part 60, subpart B, to 
implement 40 CFR part 60, subpart MMMM. The state plan is effective on 
the date specified in the notice published in the Federal Register 
announcing the EPA's approval of the plan.
    The EPA's promulgation of an SSI Federal Plan will not preclude 
states from submitting a plan. If a state submits a plan after the 
promulgation of the SSI Federal Plan, the EPA will review and approve 
or disapprove the state plan. If the EPA approves a plan, then the SSI 
Federal Plan no longer applies to SSI covered by the state plan. If an 
SSI were overlooked by a state and the state submitted a negative 
declaration letter, or if an individual SSI were not covered by an 
approved and effective state plan, the SSI would be subject to this 
Federal Plan.

C. How do I determine if my SSI is covered by an approved and effective 
state plan?

    Part 62 of Title 40 of the CFR identifies the status of approval 
and promulgation of CAA section 111(d) and CAA section 129 state plans 
for designated facilities in each state. However, 40 CFR part 62 is 
updated only once per year. Thus, if 40 CFR part 62 does not indicate 
that your state has an approved and effective plan, you should contact 
your state environmental agency's air director or your EPA Regional 
Office (see Table 3 in section II.C of this preamble) to determine if 
approval occurred since publication of the most recent version of 40 
CFR part 62.

IV. Elements of the SSI Federal Plan

    The basic elements of the Federal Plan include: (1) Identification 
of legal authority and mechanisms for implementation; (2) inventory of 
SSI; (3) emissions inventory; (4) compliance schedules; (5) emissions 
limits and operating limits; (6) operator training and qualification; 
(7) testing, monitoring, recordkeeping and reporting; (8) public 
hearing; and (9) progress reporting. See 40 CFR part 62, subparts LLL 
and sections 111 and 129 of the CAA. Below, we explain the proposed 
Federal Plan elements in detail.

A. Legal Authority and Enforcement Mechanism

    Section 301(a) of the CAA provides the EPA with broad authority to 
write regulations that carry out the functions of the CAA. Sections 
111(d) and 129(b)(3) of the CAA direct the EPA to develop a Federal 
Plan for states that do not submit approvable state plans. Sections 111 
and 129 of the CAA provide the EPA with the authority to implement and 
enforce the Federal Plan in cases where the state fails to submit a 
satisfactory state plan. Section 129(b)(3) of the CAA requires the EPA 
to develop, implement and enforce a Federal Plan within 2 years after 
the date the relevant EG are promulgated (by March 21, 2013, for the 
2011 SSI

[[Page 23407]]

EG). Compliance with the EG cannot be later than 5 years after the 
relevant EG are promulgated (by March 21, 2016, for the 2011 SSI EG).

B. Inventory of Affected SSI

    In Docket No. EPA-HQ-OAR-2012-0319, today's proposed Federal Plan 
includes an inventory of the SSI that may potentially be covered by 
this Federal Plan in the absence of approved state plans. (See 40 CFR 
62.15870.) This inventory contains 185 SSI in 25 states. It is based on 
information collected from EPA Regions, states, SSI facilities, and 
review of existing SSI inventories, Title V permits, emissions test 
reports and facility Web sites. The EPA recognizes that this list may 
not be complete. Therefore, sources potentially subject to this 
proposed Federal Plan may include, but are not limited to, the SSI 
listed in Docket No. EPA-HQ-OAR-2012-0319. Any SSI that meets the 
applicability criteria in the proposed Federal Plan rule would be 
subject to the Federal Plan, regardless of whether it is listed in the 
inventory. States or individuals are invited to identify additional 
sources for inclusion to the list during the comment period for this 
proposal.

C. Inventory of Emissions

    This proposed Federal Plan includes an emissions estimate for 
existing SSI. The pollutants inventoried are Cd, CO, PCDD/PCDF, HCl, 
Pb, Hg, PM, NOX and SO2. For this proposal, the 
EPA has estimated the emissions from each known SSI that potentially 
may be covered by the proposed Federal Plan for the nine pollutants 
regulated by the EG and covered by the proposed Federal Plan.
    The emissions inventory is based on available information about the 
SSI and typical emissions rates developed for calculating nationwide 
air impacts of the EG. Refer to the inventory memorandum in Docket No. 
EPA-HQ-OAR-2012-0319 for the complete updated emissions inventory.We 
are soliciting comments on additional data regarding the emission 
inventory for existing SSI.

D. Compliance Schedules

    Owners or operators of affected SSI units must comply within 1 year 
from state plan approval or, in the case of the Federal Plan, within 1 
year of promulgation of the Federal Plan. Increments of progress are 
required for SSI that need more than 1 year from state plan approval to 
comply, or, in the case of the Federal Plan, more than 1 year after 
promulgation of the final Federal Plan. (See 40 CFR 62.15875 through 
62.15915.) The two proposed increments of progress are included to 
ensure that each SSI needing more time to comply is making progress 
toward meeting the emissions limits.
    The proposed Federal Plan includes defined and enforceable dates 
for completion of each increment. These increments of progress are: (1) 
Submit final control plan; and (2) final compliance.

E. Emissions Limits and Operating Limits

    The proposed Federal Plan contains emissions limits that correspond 
to the 2011 SSI rule. (See 40 CFR 62.15955 through 62.16010.) The 
emissions limits in this proposed SSI Federal Plan are the same as 
those contained in the 2011 EG. (See proposed Table 5 of this 
preamble.)This action does not revise these limits. It is only intended 
to implement these limits for existing sources in states that have not 
adopted a state plan. Section V.B of this preamble discusses these 
emissions limits.

F. Operator Training and Qualification Requirements

    The proposed Federal Plan requires that the owner or operator must 
qualify operators or their supervisors (at least one per facility) by 
ensuring that they complete an operator training course and annual 
review or refresher course. (See 40 CFR 62.15920 through 62.15950.) 
Today's proposed Federal Plan also contains operator training and 
qualification requirements that correspond to the 2011 EG.

G. Testing, Monitoring, Recordkeeping and Reporting Requirements

    The proposed Federal Plan includes testing, monitoring, 
recordkeeping and reporting requirements. (See 40 CFR 62.16015 through 
62.16040.) These proposed requirements correspond with the 2011 EG. 
Testing, monitoring, recordkeeping and reporting requirements will 
assure initial and ongoing compliance.

H. Record of Public Hearings

    Today's proposed Federal Plan provides opportunity for public 
participation in adopting the plan. If requested to do so, the EPA will 
hold a public hearing in Research Triangle Park, NC. A record of the 
public hearing, if any, will appear in Docket No. EPA-HQ-OAR-2012-0319. 
If a public hearing is requested and held, the EPA may ask clarifying 
questions during the oral presentation, but will not respond to the 
presentations or comments at that time. Written statements and 
supporting information submitted during the public comment period will 
be considered with equivalent weight as any oral statement and 
supporting information subsequently presented at a public hearing, if 
held.

I. Progress Reports

    Today's proposed Federal Plan requests that the EPA Regional 
Offices prepare annual progress reports to show the progress of SSI 
toward implementation of the EG. States that have been delegated the 
authority to implement and enforce this Federal Plan would be required 
to submit annual progress reports to the appropriate EPA Regional 
Office.
    Each progress report must include the following items: (1) Status 
of enforcement actions; (2) status of increments of progress; (3) 
identification of sources that have shut down or started operation; (4) 
emissions inventory data for sources that were not in operation at the 
time of plan development but that began operation during the reporting 
period; (5) additional data as necessary to update previously submitted 
source and emissions information; and (6) copies of technical reports 
on any performance testing and monitoring.

J. Affirmative Defense to Malfunctions

    The proposed Federal Plan does not include an affirmative defense 
to malfunction events. In the 2011 SSI rule, the EPA included an 
affirmative defense which provided that civil penalties would not be 
assessed if a source demonstrated in a judicial or administrative 
proceeding that it had met certain requirements.
    However in 2014, the Court vacated such an affirmative defense in 
one of the EPA's CAA section 112(d) regulations. NRDC v. EPA, 749 F.3d 
1055 (D.C. Cir. 2014) (vacating affirmative defense provisions in CAA 
section 112(d) 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 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 
at 1063 (``U]nder this statute, deciding whether penalties are 
`appropriate' in a given private civil suit is a job for the courts, 
not EPA.''). In light of NRDC, the EPA's proposed Federal Plan for the 
SSI rule does not include the affirmative defense

[[Page 23408]]

provision. The EPA intends to revise the SSI rule and remove the 
affirmative defense provision from the rule in the near future.

V. Summary of Proposed SSI Federal Plan Requirements

    The proposed SSI Federal Plan requirements are described below. 
Table 4 lists each element and identifies where it is located or 
codified.

                               Table 4--Elements of the Proposed SSI Federal Plan
----------------------------------------------------------------------------------------------------------------
  Element of the SSI Federal
             Plan                                                   Location
----------------------------------------------------------------------------------------------------------------
Legal authority and            Sections 129(b)(3), 111(d), 301(a), and 301(d)(4) of the CAA.
 enforcement mechanism.
Inventory of affected SSI      Docket ID No. EPA-HQ-OAR-2012-0319.
 units.
Inventory of emissions.......  Docket ID No. EPA-HQ-OAR-2012-0319.
Compliance schedules.........  40 CFR 62.15875 to 62.15915.
Emissions limits and           40 CFR 62.15955 to 62.16010.
 operating limits.
Operator training and          40 CFR 62.15920 to 62.15950.
 qualification.
Testing, monitoring,           40 CFR 62.16015 to 62.16040.
 recordkeeping and reporting.
Record of public hearings....  Docket ID No. EPA-HQ-OAR-2012-0319.
Progress reports.............  Section V.B. of this preamble.
----------------------------------------------------------------------------------------------------------------

A. What are the proposed applicability requirements?

    The proposed Federal Plan applicability reflects the 2011 EG. The 
proposed Federal Plan applies to existing SSI units meeting the 
applicability of 40 CFR 62.15855 that are located in any state that 
does not currently have an approved state plan in place. Existing SSI 
are considered to be all SSI units for which construction commenced on 
or before October 14, 2010. All SSI units for which construction 
commenced after October 14, 2010, or for which modification commenced 
after September 21, 2011, are considered ``new'' sources subject to 
NSPS emissions limits (40 CFR part 60, subpart LLLL).
    The Federal Plan requirements apply to owners and/or operators of 
SSI units (as defined in 40 CFR 62.16045) located at wastewater 
treatment facilities designed to treat domestic sewage sludge. Two 
subcategories are defined for existing units: MH incinerators and FB 
incinerators. The combustion of sewage sludge that is not burned in an 
SSI unit located at a wastewater treatment facility designed to treat 
domestic sewage sludge may be subject to other incineration standards.

B. What are the proposed compliance schedules?

    Today's proposed Federal Plan requires owners or operators of SSI 
to either: (1) Come into compliance with the plan within 1 year after 
the plan is promulgated; or (2) meet increments of progress and come 
into compliance by March 21, 2016. Increments of progress are necessary 
in order to ensure that SSI needing more time to comply are making 
progress toward meeting the emissions limits and will be in compliance 
by the required date. This proposed Federal Plan includes two 
increments of progress (See 40 CFR 62.15875 through 62.15915), along 
with defined and enforceable dates for completion of each increment.
    The SSI owner or operator must meet each of the two increments of 
progress for each SSI no later than the applicable compliance date for 
each increment. In addition, the owner or operator must notify the EPA 
and permitting authority or delegated authority as each increment of 
progress is achieved, as well as when any is missed. The notification 
must identify the increment and the date the increment is achieved (or 
missed). If an owner or operator misses an increment deadline, the 
owner or operator must also notify the EPA and permitting authority or 
delegated authority when the increment is achieved. The owner or 
operator must mail the notification to the applicable EPA Regional 
Office and permitting authority or delegated authority within 10 
business days after the increment date that is defined in the Federal 
Plan. (See Table 3 under section II.C.of this preamble for a list of 
EPA Regional Offices.)
    The definition of each increment of progress, along with its 
required completion date, follows.
    Submit Final Control Plan. To meet this increment, the owner or 
operator of each SSI must submit a plan that includes a description of 
the devices for air pollution control and process changes that will be 
used to comply with the emissions limits and standards and other 
requirements of this subpart, a description of the type(s) of waste to 
be burned (if other than sewage sludge is burned in the unit), the 
maximum design sewage sludge burning capacity, and, if applicable, the 
petition for site-specific operating limits under 40 CFR 62.15965. A 
copy of the final control plan must be maintained onsite. A final 
control plan is not required for units that will be shut down prior to 
the final control plan submittal date.
    Completion date: [3 months from date of publication of the final 
rule in the Federal Register].
    Final Compliance. To be in final compliance means to complete all 
process changes and retrofit construction of control devices as 
specified in the final control plan, so that if the SSI is brought 
online, all necessary process changes and air pollution control devices 
are operating as designed.
    Completion date: March 21, 2016.
    The EPA developed this schedule using the EPA guidance drafted for 
enabling states to draft state plans and set increments of progress. 
The 2010 State Implementation Guidance Document is available in this 
rulemaking docket and through the EPA's TTN at http://www.epa.gov/ttnatw01/129/hmiwi/epa453b10001_hmiwi.pdf.
    If an SSI does not achieve final compliance by March 21, 2016, the 
proposed Federal Plan requires the SSI to shut down by March 21, 2016, 
complete the retrofit while not operating and be in compliance upon 
restarting. An SSI that operates out of compliance after the final 
compliance date would be in violation of the Federal Plan and subject 
to enforcement action.

C. What are the proposed emissions limits and operating limits?

    This action proposes to incorporate the EG emissions and operating 
limits into the SSI Federal Plan. Table 5 of this preamble summarizes 
the EG emissions limits promulgated. Existing sources may comply with 
either the PCDD/PCDF toxicity equibalance or total mass balance 
emission limits. These standards apply at all times. Facilities will be 
required to establish site-specific operating limits derived from the 
results of performance testing. The site-specific operating limits are 
established as the

[[Page 23409]]

minimum (or maximum, as appropriate) operating parameter value measured 
during the performance test. These operating limits will result in 
achievable operating ranges that will ensure that the control devices 
used for compliance will be operated to achieve continuous compliance 
with the emissions limits. Further discussion on performance testing 
can be found in section V.D.of this preamble.

                      Table 5--Summary of EG Emissions Limits Promulgated For Existing SSI
----------------------------------------------------------------------------------------------------------------
                                                                   Emission limit for MH   Emission limit for FB
             Pollutant                          Units                  incinerators            incinerators
----------------------------------------------------------------------------------------------------------------
Cd.................................  milligrams per dry standard  0.095.................  0.0016.
                                      cubic meter @7 percent
                                      Oxygen.
CO.................................  parts per million of dry     3,800.................  64.
                                      volume @7 percent Oxygen.
HCl................................  parts per million of dry     1.2...................  0.51.
                                      volume @7 percent Oxygen.
Hg.................................  mg/dscm @7% 02.............  0.28..................  0.037.
NOX................................  parts per million of dry     220...................  150.
                                      volume @7 percent Oxygen.
Pb.................................  milligrams per dry standard  0.30..................  0.0074.
                                      cubic meter @7 percent
                                      Oxygen.
PCDD/PCDF, TEQ.....................  nanograms per dry standard   0.32..................  0.10.
                                      cubic meter @7 percent
                                      Oxygen.
PCDD/PCDF, TMB.....................  nanograms per dry standard   5.0...................  1.2.
                                      cubic meter @7 percent
                                      Oxygen.
PM.................................  milligrams per dry standard  80....................  18.
                                      cubic meter @7 percent
                                      Oxygen.
SO2................................  parts per million of dry     26....................  15.
                                      volume @7 percent Oxygen.
Fugitive emissions from ash          Percent of the hourly        Visible emissions of    Visible emissions of
 handling.                            observation period.          combustion ash from     combustion ash from
                                                                   an ash conveying        an ash conveying
                                                                   system (including       system (including
                                                                   conveyor transfer       conveyor transfer
                                                                   points) for no more     points) for no more
                                                                   than 5 percent of any   than 5 percent of any
                                                                   compliance test         compliance test
                                                                   hourly observation      hourly observation
                                                                   period.                 period.
----------------------------------------------------------------------------------------------------------------

D. What are the proposed performance testing and monitoring 
requirements?

    The following paragraphs list a number of testing and monitoring 
requirements in the 2011 EG that are proposed to be incorporated into 
the SSI Federal Plan in today's action.
1. Performance Testing
    The proposed performance testing provisions reflect those in the 
SSI EG. First, today's proposed Federal Plan requires all existing SSI 
units to demonstrate initial and annual compliance with the emission 
limits using EPA-approved emission test methods. Additionally, there is 
a proposed option for less frequent testing if sources demonstrate that 
their emissions of regulated pollutants are below thresholds of the 
emission limits.
    This proposal requires initial and annual emissions performance 
tests (or continuous emissions monitoring or continuous sampling as an 
alternative), bag leak detection systems for fabric filter (FF) 
controlled units, and continuous parameter monitoring, if they are used 
to meet the emission limits. All SSI are also required to conduct 
initial and annual inspections of air pollution control devices. 
Additional monitoring includes the Method 22 (see 40 CFR part 60, 
appendix A-7) visible emissions test of the ash handling operations 
during each compliance test to demonstrate compliance with the visible 
emissions limit. For existing SSI units, use of Cd, CO, HCl, 
NOX, PM, Pb or SO2 Continuous Emissions 
Monitoring Systems (CEMS); Integrated Sorbent Trap Mercury Monitoring 
System (ISTMMS); and Integrated Sorbent Trap Dioxin Monitoring System 
(ISTDMS) (continuous sampling with periodic sample analysis) are 
approved alternatives to parametric monitoring and annual compliance 
testing.
    Second, today's proposed Federal Plan allows sources to use results 
of their previous emissions tests to meet the initial compliance 
performance test requirement if those tests were conducted within the 2 
previous years and were conducted under the same conditions. The 
operating limits established during the most recent performance test 
that demonstrated initial compliance with the emissions limits must be 
met.
    Third, today's proposed Federal Plan incorporates by reference two 
alternatives to the EPA reference test methods, ANSI/ASME PTC 19.10-
1981, Flue and Exhaust Gas Analyses and ASTM D6784-02, Standard Test 
Method for Elemental, Oxidized, Particle Bound and Total Mercury 
Generated from Coal-Fired Stationary sources (Ontario-Hydro Method). 
These tests are discussed further in section IX.I.titled, ``National 
Technology Transfer and Advancement Act (NTTAA),'' of this preamble.
2. Monitoring
    Monitoring of operating limits can be used to indicate whether air 
pollution control equipment and practices are functioning properly to 
minimize air pollution. The 2011 EG and today's proposed Federal Plan 
include the following parameter monitoring requirements for good 
combustion, wet scrubbers, afterburners, electrostatic precipitators 
(ESP), activated carbon injection (ACI) or FF:
     All units must establish a minimum operating temperature 
or afterburner temperature, site specific operating requirements for 
fugitive ash, and monitor feed rate and moisture content of the sludge.
     If using a scrubber to comply with the emissions limits 
for PM, Pb and Cd, continuously monitor minimum pressure drop.
     If using a scrubber to comply with any of the emissions 
limits, continuously monitor minimum scrubber liquid flow rate.
     If using a scrubber to comply with the emissions limits 
for SO2 or HCl, continuously monitor minimum scrubber liquid 
pH.
     If using an afterburner to comply with the emissions 
limits, continuously

[[Page 23410]]

monitor the minimum temperature of the afterburner combustion chamber.
     If using an ESP to comply with PM, Pb and Cd emissions 
limits, continuously monitor minimum power input to the ESP collection 
plates. Power input must be calculated as the product of the secondary 
voltage and secondary amperage to the ESP collection plates. Both the 
secondary voltage and secondary amperage must be recorded during the 
performance test.
     If using an ESP to comply with PM, Pb and Cd emissions 
limits, monitor hourly minimum effluent water flow rate at the outlet 
of the ESP.
     If using ACI to comply with the emissions limits, monitor 
hourly minimum Hg sorbent inject rate, minimum PCDD/PCDF sorbent 
injection rate, and continuously monitor minimum carrier gas flow rate 
or minimum carrier gas pressure drop for the applicable emission limit.
     If using a FF, install a bag leak detection system and 
operate the bag leak detection system such that the alarm does not 
sound more than 5 percent of the operating time during a 6-month 
period.
     If using something other than a wet scrubber, ESP, ACI, FF 
or afterburner, petition the Administrator for other site-specific 
operating parameters, operating limits, and averaging periods to be 
established during the initial performance test and continuously 
thereafter.
    Owners or operators are not required to establish operating limits 
for the operating parameters for a control device if a Continuous 
Monitoring System (CMS) is used to demonstrate compliance with the 
emissions limits.
3. Electronic Data Submittal
    In this proposal, the EPA is describing a process to increase the 
ease and efficiency of performance test data submittal while improving 
data accessibility. Specifically, the EPA is proposing that owners and 
operators of SSI facilities submit electronic copies of required 
performance test and performance evaluation reports by direct computer-
to-computer electronic transfer using EPA-provided software. This 
mirrors the 2011 EG for SSI units. The direct computer-to-computer 
electronic transfer is accomplished through the EPA's Central Data 
Exchange (CDX) using the Compliance and Emissions Data Reporting 
Interface (CEDRI). The CDX is the EPA's portal for submittal of 
electronic data. The EPA-provided software is called the Electronic 
Reporting Tool (ERT) which is used to generate electronic reports of 
performance tests and evaluations. The ERT generates an electronic 
report package which will be submitted using the CEDRI. The submitted 
report package will be stored in the CDX archive (the official copy of 
record) and the EPA's public database called WebFIRE. All stakeholders 
will have access to all reports and data in WebFIRE and accessing these 
reports and data will be very straightforward and easy (see the WebFIRE 
Report Search and Retrieval link at http://cfpub.epa.gov/webfire/index.cfm?action=fire.searchERTSubmission). A description and 
instructions for use of the ERT can be found at http://www.epa.gov/ttn/chief/ert/index.html and CEDRI can be accessed through the CDX Web site 
(www.epa.gov/cdx). A description of the WebFIRE database is available 
at: http://cfpub.epa.gov/oarweb/index.cfm?action=fire.main.
    The proposal to submit performance test data electronically to the 
EPA applies only to those performance tests (and/or performance 
evaluations) conducted using test methods that are supported by the 
ERT. The ERT supports most of the commonly used EPA reference methods. 
A listing of the pollutants and test methods supported by the ERT is 
available at: http://www.epa.gov/ttn/chief/ert/index.html.
    Similarly described in the 2011 EG for SSI units, we believe that 
industry would benefit from this proposed approach to electronic data 
submittal. Specifically, by using this approach, industry will save 
time in the performance test submittal process. Additionally, the 
standardized format that the ERT uses allows sources to create a more 
complete test report resulting in less time spent on data backfilling 
if a source failed to include all data elements required to be 
submitted. Also, through this proposal, industry may only need to 
submit a report once to meet the requirements of the applicable subpart 
because stakeholders can readily access these reports from the WebFIRE 
database. This also benefits industry by reducing on recordkeeping 
costs as the performance test reports that are submitted to the EPA 
using CEDRI are no longer required to be retained in hard copy, 
thereby, reducing staff time needed to coordinate these records.
    Since the EPA will already have performance test data in hand, 
another benefit to industry is that fewer or less substantial data 
collection requests in conjunction with prospective required residual 
risk assessments or technology reviews will be needed. This would 
result in a decrease in staff time needed to respond to data collection 
requests.
    State, local and tribal air pollution control agencies may also 
benefit from having electronic versions of the reports they are now 
receiving. For example, state, local and tribal air pollution control 
agencies may be able to conduct a more streamlined and accurate review 
of electronic data submitted to them. For example, the ERT would allow 
for an electronic review process, rather than a manual data assessment, 
and, therefore, making review and evaluation of the source provided 
data and calculations easier and more efficient. In addition, the 
public will stand to benefit from electronic reporting of emissions 
data because the electronic data will be easier for the public to 
access. How the air emissions data are collected, accessed and reviewed 
will be more transparent for all stakeholders.
    One major advantage of the proposed submittal of performance test 
data through the ERT is a standardized method to compile and store much 
of the documentation required to be reported by this rule. The ERT 
clearly states what testing information would be required by the test 
method and has the ability to house additional data elements that might 
be required by a delegated authority.
    In addition, the EPA must have performance test data to conduct 
effective reviews of CAA sections 111, 112 and 129 standards, as well 
as for many other purposes including compliance determinations, 
emission factor development and annual emission rate determinations. In 
conducting these required reviews, the EPA has found it ineffective and 
time consuming, for both EPA and regulatory agencies and source owners 
and operators, to locate, collect and submit performance test data. In 
recent years, though, stack testing firms have typically collected 
performance test data in electronic format, making it possible to move 
to an electronic data submittal system that would increase the ease and 
efficiency of data submittal and improve data accessibility.
    A common concern raised by industry and regulators is that emission 
factors are outdated or not representative of a particular source 
category. With timely receipt and incorporation of data from most 
performance tests, the EPA would be able to ensure that emission 
factors, when updated, represent the most current range of operational 
practices. Finally, another benefit of the proposed data submittal to 
WebFIRE electronically is that these data would greatly improve the 
overall quality of existing and new emissions factors by supplementing 
the pool of emissions

[[Page 23411]]

test data for establishing emissions factors.
    In summary, in addition to supporting regulation development, 
control strategy development and other air pollution control 
activities, having an electronic database populated with performance 
test data would save industry, state, local, tribal agencies and the 
EPA significant time, money and effort while also improving the quality 
of emission inventories and air quality regulations.

E. What are the proposed recordkeeping and reporting requirements?

    Today's action proposes recordkeeping and reporting requirements 
which reflect those finalized in the 2011 EG. Today's proposed Federal 
Plan requires that records of all initial and all subsequent stack or 
performance specification (PS) tests, deviation reports, operating 
parameter data, continuous monitoring data, maintenance and inspections 
of air pollution control devices, monitoring plan, and operator 
training and qualification must be maintained for 5 years. The results 
of the stack tests and PS test and values for operating parameters are 
required to be included in initial and subsequent compliance reports. 
Any incident of deviation, resumed operation following shutdown, force 
majeure, intent to stop or start use of CMS, and intent of conducting 
or rescheduling a performance test are required to be reported to the 
Administrator. Furthermore, increments of progress reports are required 
following the completion of each increment of progress and identifying 
any missed increment of progress. See section V.B of this preamble for 
a more detailed discussion of the increments of progress and compliance 
schedules.

F. What other requirements is the EPA proposing?

    This action proposes other requirements that reflect those 
finalized in the 2011 EG. First, owners and operators of existing SSI 
units are required to meet operator training and qualification 
requirements, which include: Ensuring that at least one operator or 
supervisor per facility complete the operator training course, that 
qualified operator(s) or supervisor(s) complete an annual review or 
refresher course specified in the regulation and that they maintain 
plant-specific information, updated annually, regarding training.
    Second, owners or operators of existing SSI are required to submit 
a monitoring plan for any CMS or bag leak detection system used to 
comply with the rule. Third, they must also submit a monitoring plan 
for their ash handling system that specifies the operating procedures 
they will follow to ensure that they meet the fugitive ash emissions 
limit.

VI. SSI That Have or Will Shut Down

A. Units That Plan To Close Rather Than Comply

    The proposed Federal Plan establishes that if owners or operators 
plan to permanently close currently operating SSI, they must do so and 
submit a closure notification to the Administrator by the date the 
final control plan is due. The requirements for closing SSI unit rather 
than complying with the rule under today's proposal will be set forth 
at 40 CFR 62.15915 of subpart LLL. Until such time as a unit is 
permanently closed, it must comply with any applicable requirements of 
the Federal Plan.
    If an SSI unit continues to operate 1 year after publication of the 
final Federal Plan in the Federal Register, then it must comply with 
all aspects of this Federal Plan by the date 1 year after publication 
of the final action. In addition, while still in operation, the SSI 
unit is subject to the same requirements for Title V operating permits 
that apply to units that will not shut down.

B. Inoperable Units

    Today's proposed Federal Plan provides that in cases where an SSI 
has already shut down permanently and has been rendered inoperable 
(e.g., waste charge door is welded shut, stack is removed, combustion 
air blowers removed, burners or fuel supply appurtenances are removed, 
the SSI may be left off the source inventory in a state plan or this 
proposed Federal Plan. An SSI that has been rendered inoperable would 
not be covered by the Federal Plan.

C. SSI That Have Shut Down

    Today's Federal Plan proposal includes any SSI that are known to 
have already shut down (but are not known to be inoperable) in the 
source inventory . . .
1. Restarting Before the Final Compliance Date
    If the owner or operator of an inactive SSI plans to restart before 
the final compliance date, the owner or operator must meet the 
increments of progress specified in the Federal Plan. Final compliance 
is required for all pollutants and all SSI no later than the final 
compliance date.
2. Restarting After the Final Compliance Date
    Under this proposed Federal Plan, if the owner or operator of an 
SSI closes the SSI unit, but restarts the unit after the final 
compliance date, the owner or operator must complete emission control 
retrofits and meet the emissions and operating limits on the date the 
SSI unit restarts operation. Within 6 months of the unit startup, 
operator(s) of these SSI would have to complete the operator training 
and qualification requirements. Within 60 days of installing an air 
pollution control device, operator(s) must conduct a unit inspection. 
Performance testing to demonstrate initial compliance would also be 
required as described at 40 CFR 62.15980. There is no need to show that 
the increments of progress have been met since these steps would have 
occurred before restart while the SSI was shut down and not generating 
emissions. AN SSI that operates out of compliance after the final 
compliance date would be in violation of the Federal Plan and subject 
to enforcement action.

VII. Implementation of the Federal Plan and Delegation

A. Background of Authority

    Under sections 111(d) and 129(b) of the CAA, the EPA is required to 
adopt EG that are applicable to existing solid waste incineration 
units. These EG are fully implemented when the EPA approves a state 
plan or adopts a Federal Plan that implements and enforces the EG. As 
discussed above, the Federal Plan regulates SSI in states that do not 
have approved plans in effect to implement the EG.
    Congress has determined that the primary responsibility for air 
pollution prevention and control rests with state and local agencies. 
(See section 101(a)(3) of the CAA.) Consistent with that overall 
determination, Congress established sections 111 and 129 of the CAA 
with the intent that the state and local agencies take the primary 
responsibility for ensuring that the emissions limitations and other 
requirements in the EG are achieved. Also, in section 111(d) of the 
CAA, Congress explicitly required that the EPA establish procedures 
that are similar to those under CAA section 110(c) for state 
implementation plans. Although Congress required the EPA to propose and 
promulgate a Federal Plan for states that fail to submit approvable 
state plans on time, states may submit plans after promulgation of the 
SSI Federal Plan. The EPA strongly encourages states that are unable to

[[Page 23412]]

submit approvable plans to request delegation of the Federal Plan so 
that they can have primary responsibility for implementing the revised 
EG, consistent with the intent of Congress.
    Approved and effective state plans or delegation of the Federal 
Plan is the EPA's preferred outcome because the EPA believes that 
state, tribal, and local agencies not only have the responsibility to 
carry out the revised EG, but also have the practical knowledge and 
enforcement resources critical to achieving the highest rate of 
compliance. It is generally preferable for the state and local agencies 
to be the implementing agency. For these reasons, the EPA will do all 
that it can to expedite delegation of the Federal Plan to state and 
local agencies, whenever possible, in cases where states are unable to 
develop and submit approvable state plans.

B. Delegation of the Federal Plan and Retained Authorities

    If a state or tribe intends to take delegation of the Federal Plan, 
the state or tribe should submit to the appropriate EPA Regional Office 
a written request for delegation of authority. The state or tribe 
should explain how it meets the criteria for delegation. See generally 
``Good Practices Manual for Delegation of NSPS and NESHAP'' (EPA, 
February 1983). The letter requesting delegation of authority to 
implement the Federal Plan should: 1. demonstrate that the state or 
tribe has adequate resources, as well as the legal and enforcement 
authority to administer and enforce the program, 2. include an 
inventory of affected SSI units, which includes those that have ceased 
operation, but have not been dismantled, include an inventory of the 
affected units' air emissions and a provision for state progress 
reports to the EPA, 3. certify that a public hearing is held on the 
state delegation request, and 4. include a memorandum of agreement 
between the state or tribe and the EPA that sets forth the terms and 
conditions of the delegation, the effective date of the agreement and 
the mechanism to transfer authority. Upon signature of the agreement, 
the appropriate EPA Regional Office would publish an approval notice in 
the Federal Register, thereby incorporating the delegation of authority 
into the appropriate subpart of 40 CFR part 62.
    If authority is not delegated to a state or tribe, the EPA will 
implement the Federal Plan. Also, if a state or tribe fails to properly 
implement a delegated portion of the Federal Plan, the EPA will assume 
direct implementation and enforcement of that portion. The EPA will 
continue to hold enforcement authority along with the state or tribe 
even when a state or tribe has received delegation of the Federal Plan. 
In all cases where the Federal Plan is delegated, the EPA will retain 
and will not transfer authority to a state or tribe to approve the 
following items promulgated in the 2011 SSI rules:
    1. Alternatives to the emissions limits in Table 5 of this
    2. Approval of major alternatives to monitoring;
    3. Approval of major alternatives to recordkeeping and reporting;
    4. Alternative site-specific operating parameters established by 
facilities using controls other than a scrubber, ESP, afterburner, ACI 
or FF;
    5. Approval of operation of an SSI unit and receipt of status 
reports when a qualified operator is not accessible for 2 weeks or 
more; and
    6. Performance test and data reduction waivers under 40 CFR 
60.8(b).
    Today's proposed Federal Plan also specifies that SSI owners or 
operators who wish to petition the agency for any alternative 
requirement should submit a request to the Regional Administrator with 
a copy sent to the appropriate state.

C. Mechanisms for Transferring Authority

    There are two mechanisms for transferring implementation authority 
to state, tribal, and local agencies: 1. The EPA approval of a state 
plan after the Federal Plan is in effect; and 2. if a state does not 
submit or obtain approval of its own plan, the EPA delegation to a 
state of the authority to implement certain portions of this Federal 
Plan to the extent appropriate and if allowed by state law. Both of 
these options are described in more detail below.
1. Federal Plan Becomes Effective Prior to Approval of a State Plan
    After SSI in a state become subject to the Federal Plan, the state 
or local agency may still adopt and submit a plan to the EPA. If the 
EPA determines that the state plan is as protective as the EG, the EPA 
will approve the state plan. If the EPA determines that the plan is not 
as protective as the EG, the EPA will partially approve or disapprove 
the plan (or portion of the plan) and the SSI covered in the state plan 
would remain subject to the Federal Plan until a state plan covering 
those SSI is approved and effective. Prior to disapproval, the EPA will 
work with states to attempt to reconcile areas of the plan that remain 
not as protective as the EG.
    Upon the effective date of a state plan, the Federal Plan would no 
longer apply to SSI covered by such a plan and the state or local 
agency would implement and enforce the state plan in lieu of the 
Federal Plan. When an EPA Regional Office approves a state plan, it 
will amend the appropriate subpart of 40 CFR part 62 to indicate such 
approval.
2. State Takes Delegation of the Federal Plan
    The EPA, in its discretion, may delegate to state agencies the 
authority to implement this Federal Plan. As discussed above, the EPA 
believes that it is advantageous and the best use of resources for 
state or local agencies to agree to undertake, on the EPA's behalf, 
administrative and substantive roles in implementing the Federal Plan 
to the extent appropriate and where authorized by state law. If a state 
requests delegation, the EPA will generally delegate the entire Federal 
Plan to the state agency. These functions include administration and 
oversight of compliance reporting and recordkeeping requirements, SSI 
inspections and preparation of draft notices of violation, but will not 
include any authorities retained by the EPA. State agencies that have 
taken delegation, as well as the EPA, will have responsibility for 
bringing enforcement actions against sources violating Federal Plan 
provisions.

D. Implementing Authority

    The EPA Regional Administrators have been delegated the authority 
for implementing the SSI Federal Plan. All reports required by the 
Federal Plan should be submitted to the appropriate Regional 
Administrator. Section II.C of this preamble includes Table 3 that 
lists names and addresses of the EPA Regional Office contacts and the 
states they cover.

VIII. Title V Operating Permits

    All existing SSI units regulated under state or Federal Plans 
implementing the 2011 EG must apply for and obtain a Title V permit. 
These Title V operating permits assure compliance with all applicable 
requirements for regulated SSI units, including all applicable CAA 
section 129 requirements.\4\
---------------------------------------------------------------------------

    \4\ 40 CFR 70.2, 70.6(a)(1), 71.2 and 71.6(a)(1).
---------------------------------------------------------------------------

    The permit application deadline for a CAA section 129 source 
applying for a Title V operating permit depends on when the source 
first becomes subject to the relevant Title V permits program. For 
example, if the SSI unit is an existing unit and is not subject to an 
earlier permit application deadline, the source must submit a complete 
Title V

[[Page 23413]]

permit application by the earliest of the following dates:
     Twelve months after the effective date of any applicable 
EPA-approved CAA sections 111(d)/129 plan (i.e., approved state or 
tribal plan that implements the SSI EG); or
     Twelve months after the effective date of any applicable 
Federal Plan; or
     Thirty-six months after promulgation of 40 CFR part 60, 
subpart MMMM, i.e., March 21, 2014.
    For any existing SSI unit not subject to an earlier permit 
application deadline, the application deadline of March 21, 2014, 
applies regardless of whether or when any applicable Federal Plan is 
effective, or whether or when any applicable CAA sections 111(d)/129 
plan is approved by the EPA and becomes effective. (See CAA sections 
129(e), 503(c), 503(d), 502(a) and 40 CFR 70.5(a)(1)(i) and 
71.5(a)(1)(i).)
    If the SSI unit is subject to Title V as a result of some 
triggering requirement(s) other than those mentioned above (for 
example, an SSI unit may be a major source or part of a major source), 
then the owner/operator of the source may be required to apply for a 
Title V permit prior to the deadlines specified above. If more than one 
requirement triggers a source's obligation to apply for a Title V 
permit, the 12-month time frame for filing a Title V permit application 
is triggered by the requirement which first causes the source to be 
subject to Title V.\5\
---------------------------------------------------------------------------

    \5\ CAA Section 503(c) and 40 CFR 70.3(a) and (b), 
70.5(a)(1)(i), 71.3(a) and (b) and 71.5(a)(1)(i).
---------------------------------------------------------------------------

    For more background information on the interface between CAA 
section 129 and Title V, including the EPA's interpretation of CAA 
section 129(e), as well as information on submitting Title V permit 
applications, updating existing Title V permit applications and 
reopening existing Title V permits, see the final Federal Plan for 
Commercial and Industrial Solid Waste Incinerators, October 3, 2003 (68 
FR 57518, 57532). See also the final Federal Plan for Hospital Medical 
Infectious Waste Incinerators, August 15, 2000 (65 FR 49868, 49877).

A. Title V and Delegation of a Federal Plan

    As noted previously, issuance of a Title V permit is not equivalent 
to the approval of a state plan or delegation of a Federal Plan.\6\ 
Legally, delegation of a standard or requirement results in a delegated 
state or tribe standing in for the EPA as a matter of federal law. This 
means that obligations a source may have to the EPA under a federally 
promulgated standard become obligations to a state (except for 
functions that the EPA retains for itself) upon delegation.\7\ Although 
a state or tribe may have the authority under state or tribal law to 
incorporate section 111/129 requirements into its Title V permits, and 
implement and enforce these requirements in these permits without first 
taking delegation of the section 111/129 Federal Plan, the state or 
tribe is not standing in for the EPA as a matter of federal law in this 
situation. Where a state or tribe does not take delegation of a section 
111/129 Federal Plan, obligations that a source has to the EPA under 
the Federal Plan continue after a Title V permit is issued to the 
source. As a result, the EPA continues to maintain that an approved 
part 70 operating permits program cannot be used as a mechanism to 
transfer the authority to implement and enforce the Federal Plan from 
the EPA to a state or tribe.
---------------------------------------------------------------------------

    \6\ See, e.g., the ``Title V and Delegation of a Federal Plan'' 
section of the proposed Federal Plan for Commercial Industrial Solid 
Waste Incinerators (CISWI), November 25, 2002 (67 FR 70640, 70652). 
The preamble language from this section in the proposed Federal Plan 
for CISWI was reaffirmed in the final Federal Plan for CISWI, 
October 3, 2003 (68 FR 57518, 57535).
    \7\ If the Administrator chooses to retain certain authorities 
under a standard, those authorities cannot be delegated, e.g., 
alternative methods of demonstrating compliance.
---------------------------------------------------------------------------

    As mentioned above, a state or tribe may have the authority under 
state or tribal law to incorporate CAA section 111/129 requirements 
into its Title V permits, and implement and enforce these requirements 
in that context without first taking delegation of the CAA section 111/
129 Federal Plan.\8\ Some states or tribes, however, may not be able to 
implement and enforce a CAA section 111/129 standard in a Title V 
permit under state or tribal law until the CAA section 111/129 standard 
has been delegated. In these situations, a state or tribe should not 
issue a 40 CFR part 70 permit to a source subject to a Federal Plan 
before taking delegation of the section 111/129 Federal Plan.
---------------------------------------------------------------------------

    \8\ The EPA interprets the phrase ``assure compliance'' in CAA 
section 502(b)(5)(A) to mean that permitting authorities will 
implement and enforce each applicable standard, regulation or 
requirement which must be included in the Title V permits the 
permitting authorities issue. See definition of ``applicable 
requirement'' in 40 CFR 70.2. See also 40 CFR 70.4(b)(3)(i) and 
70.6(a)(1).
---------------------------------------------------------------------------

    However, if a state or tribe can provide an Attorney General's 
(AG's) opinion delineating its authority to incorporate CAA section 
111/129 requirements into its Title V permits, and then implement and 
enforce these requirements through its Title V permits without first 
taking delegation of the requirements, then a state or tribe does not 
need to take delegation of the CAA section 111/129 requirements for 
purposes of Title V permitting.\9\ In practical terms, without approval 
of a state or tribal plan, delegation of a Federal Plan, or an adequate 
AG's opinion, states and tribes with approved CFR 40 part 70 permitting 
programs open themselves up to potential questions regarding their 
authority to issue permits containing CAA section 111/129 requirements 
and to assure compliance with these requirements. Such questions could 
lead to the issuance of a notice of deficiency for a state's or tribe's 
CFR 40 part 70 program. As a result, prior to a state or tribal 
permitting authority drafting a part 70 permit for a source subject to 
a CAA section 111/129 Federal Plan, the state or tribe, the EPA 
Regional Office and source in question are advised to ensure that 
delegation of the relevant Federal Plan has taken place or that the 
permitting authority has provided to the EPA Regional Office an 
adequate AG's opinion.
---------------------------------------------------------------------------

    \9\ It is important to note that an attorney general's opinion 
submitted at the time of initial Title V program approval is 
sufficient if it demonstrates that a state or tribe has adequate 
authority to incorporate CAA section 111/129 requirements into its 
Title V permits and to implement and enforce these requirements 
through its Title V permits without delegation.
---------------------------------------------------------------------------

    In addition, if a permitting authority chooses to rely on an AG's 
opinion and not take delegation of a Federal Plan, a CAA section 111/
129 source subject to the Federal Plan in that state must 
simultaneously submit to both the EPA and the state or tribe all 
reports required by the standard to be submitted to the EPA. Given that 
these reports are necessary to implement and enforce the CAA section 
111/129 requirements when they have been included in Title V permits, 
the permitting authority needs to receive these reports at the same 
time as the EPA.
    In the situation where a permitting authority chooses to rely on an 
AG's opinion and not take delegation of a Federal Plan, the EPA 
Regional Offices will be responsible for implementing and enforcing 
section CAA 111/129 requirements outside of any Title V permits. 
Moreover, in this situation, the EPA Regional Offices will continue to 
be responsible for developing progress reports and conducting any other 
administrative functions required under this Federal Plan or any other 
section CAA 111/129 Federal Plan. See, e.g., section V.B of this 
preamble titled ``What are the proposed compliance schedules?''.
    It is important to note that the EPA is not using its authority 
under 40 CFR part 70.4(i)(3) to request that all states

[[Page 23414]]

and tribes which do not take delegation of this Federal Plan submit 
supplemental AG's opinions at this time. However, the EPA Regional 
Offices shall request, and permitting authorities shall provide, such 
opinions when the EPA questions a state's or tribe's authority to 
incorporate CAA section 111/129 requirements into a Title V permit and 
implement and enforce these requirements in that context without 
delegation.

IX. Statutory and Executive Order Reviews

    Additional information about the Statutes and Executive Orders can 
be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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 (PRA)

    This action does not impose an information collection burden under 
the PRA. This action simply proposes the SSI Federal Plan to implement 
the EG adopted on March 21, 2011,\10\ for those states that do not have 
a state plan implementing the emission guidelines.
---------------------------------------------------------------------------

    \10\ Section, 76 FR 15372, March 21, 2011.
---------------------------------------------------------------------------

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. Emissions 
guidelines for owners of existing sewage sludge incineration units were 
established by the March 21, 2011, final rule and that rule was 
certified as not having a significant economic impact on a substantial 
number of small entities. This action merely establishes a Federal Plan 
to implement and enforce those requirements in those states that do not 
have their own EPA-approved state plan for implementing and enforcing 
the requirements.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. Therefore, this 
action imposes no enforceable duty or any state, local or tribal 
government or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on 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. The EPA is not aware of any SSI owned or 
operated by Indian tribal governments. Thus, Executive Order 13175 does 
not apply to this proposed action.

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 health or safety risks, that 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 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 Orders 12866.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR 
Part 51

    This action involves technical standards that are reasonably 
available and already widely used by industries and regulated parties. 
The EPA proposes to use ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust 
Gas Analyses,'' for its manual methods of measuring the oxygen or 
carbon dioxide content of the exhaust gas. These parts of ASME PTC 
19.10-1981 are acceptable alternatives to EPA Methods 6, 7 for the 
manual procedures only. This standard is available from the ASME, Three 
Park Avenue, New York, NY 10016-5990.
    Another voluntary consensus standards (VCS), ASTM D6784-02 
(Reapproved 2008), ``Standard Test Method for Elemental, Oxidized, 
Particle-Bound and Total Mercury Gas Generated from Coal-Fired 
Stationary Sources (Ontario Hydro Method)'' is an acceptable 
alternative to Method 29 and 30B. The EPA has also decided to use EPA 
Methods 5, 6, 6C, 7, 7E, 9, 10, l0A, l0B, 22, 23, 26A, 29 and 30B. No 
VCS were found for EPA Method 9 and 22.
    While the EPA has identified 23 VCS as being potentially applicable 
to the proposed rule, we have decided not to use these VCS in this 
rulemaking. The use of these VCS would be impractical because they do 
not meet the objectives of the standards cited in this proposed rule. 
See the docket for the 2011 EG (Docket ID No. EPA-HQ-OAR-2009-0539), 
which is being implemented under today's proposed action, for the 
reason for these determinations.
    Under 40 CFR 62.16050, the EPA Administrator retains the authority 
of approving alternate methods of demonstrating compliance as 
established under 40 CFR 60.8(b) and 60.13(i), subpart A (NSPS General 
Provisions). A source may apply to the EPA for permission to use 
alternative test methods or alternative monitoring requirements in 
place of any required EPA test methods, performance specifications or 
procedures.
    The EPA solicits comments on this aspect of the proposed rulemaking 
and, specifically, invites the public to identify potentially-
applicable VCS and to explain why such standards should be used in this 
regulation.

J. Environmental Justice Considerations

    An analysis of demographic data was conducted for this rulemaking. 
This analysis showed that the average of populations in close proximity 
to the sources, and thus most likely to be effected by the sources, 
were similar in demographic composition to national averages. The 
results of the demographic analysis are presented in ``Review of 
Environmental Justice Impacts,'' June 2010, a copy of which is 
available in the SSI docket (EPA-HQ-OAR-2009-0559).

K. 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. This proposed action implements national 
standards in the 2011 EG that would result in reduction in emissions of 
many of the listed HAP emitted from this source. This includes 
emissions of Cd, HCl, Pb, and Hg. Other emissions reductions include 
reductions of criteria pollutants such as CO, NOX,

[[Page 23415]]

PM and PM2.5 and SO2. Sulfur dioxide and 
NOX are precursors for the formation of PM2.5 and 
NOX is a precursor for ozone. Reducing these emissions will 
decrease the amount of such pollutants to which all affected 
populations are exposed.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: April 7, 2015.
Gina McCarthy,
Administrator.

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

    For the reasons stated in the preamble, Title 40, chapter I, part 
62 of the Code of Federal Regulations (CFR) is proposed to be amended 
as follows:

0
1. The authority citation for part 62 continues to read as follows:

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

0
2. Part 62 is amended by adding subpart LLL to read as follows:

Subpart LLL--Federal Plan Requirements for Sewage Sludge 
Incineration Units Constructed on or Before October 14, 2010

Table of Contents

Sec.

Applicability

62.15855 Am I subject to this subpart?
62.15860 What SSI units are exempt from the Federal Plan?
62.15865 How do I determine if my SSI is covered by an approved and 
effective State or Tribal plan?
62.15870 If my SSI is not listed on the Federal Plan inventory, am I 
exempt from this subpart?

Compliance Schedules

62.15875 What is my final compliance date?
62.15880 When must I complete each increment of progress?
62.15885 What must I include in the notifications of achievement of 
increments of progress?
62.15890 When must I submit the notifications of achievement of 
increments of progress?
62.15895 What if I do not meet an increment of progress?
62.15900 How do I comply with the increment of progress for 
submittal of a control plan?
62.15905 How do I comply with the increment of progress for 
achieving final compliance?
62.15910 What must I do if I close my SSI unit and then restart it?
62.15915 What must I do if I plan to permanently close my SSI unit 
and not restart it?

Operator Training and Qualification

62.15920 What are the operator training and qualification 
requirements?
62.15925 When must the operator training course be completed?
62.15930 How do I obtain my operator qualification?
62.15935 How do I maintain my operator qualification?
62.15940 How do I renew my lapsed operator qualification?
62.15945 What if all the qualified operators are temporarily not 
accessible?
62.15950 What site-specific documentation is required and how often 
must it be reviewed by qualified operators and plant personnel?

Emission Limits, Emission Standards and Operating Limits and 
Requirements

62.15955 What emission limits and standards must I meet and by when?
62.15960 What operating limits and requirements must I meet and by 
when?
62.15965 How do I establish operating limits if I do not use a wet 
scrubber, fabric filter, electrostatic precipitator, activated 
carbon injection, or afterburner, or if I limit emissions in some 
other manner, to comply with the emission limits?
62.15970 Do the emission limits, emission standards, and operating 
limits apply during periods of startup, shutdown, and malfunction?
62.15975 [Reserved]

Initial Compliance Requirements

62.15980 How and when do I demonstrate initial compliance with the 
emission limits and standards?
62.15985 How do I establish my operating limits?
62.15990 By what date must I conduct the initial air pollution 
control device inspection and make any necessary repairs?
62.15995 How do I develop a site-specific monitoring plan for my 
continuous monitoring, bag leak detection, and ash handling systems, 
and by what date must I conduct an initial performance evaluation?

Continuous Compliance Requirements

62.16000 How and when do I demonstrate continuous compliance with 
the emission limits and standards?
62.16005 How do I demonstrate continuous compliance with my 
operating limits?
62.16010 By what date must I conduct annual air pollution control 
device inspections and make any necessary repairs?

Performance Testing, Monitoring, and Calibration Requirements

62.16015 What are the performance testing, monitoring, and 
calibration requirements for compliance with the emission limits and 
standards?
62.16020 What are the monitoring and calibration requirements for 
compliance with my operating limits?

Recordkeeping and Reporting

62.16025 What records must I keep?
62.16030 What reports must I submit?

Title V Operating Permits

62.16035 Am I required to apply for and obtain a Title V operating 
permit for my existing SSI unit?
62.16040 When must I submit a title V permit application for my 
existing SSI unit?

Definitions

62.16045 What definitions must I know?

Delegation of Authority

62.16050 What authorities will be retained by the EPA Administrator?

Applicability

Sec.  62.15855 Am I subject to this subpart?
    (a) You are subject to this subpart if your SSI unit meets all 
three criteria described in paragraphs (a)(1) through (3) of this 
section.
    (1) You own or operate an SSI unit(s) that commenced construction 
on or before October 14, 2010.
    (2) You own or operate an SSI unit(s) that meet the definition of 
an SSI unit as defined in Sec.  62.16045.
    (3) You own or operate an SSI unit(s) not exempt under Sec.  
62.15860.
    (b) If you own or operator an SSI unit(s) and make changes that 
meet the definition of modification after September 21, 2011, the SSI 
unit becomes subject to 40 CFR part 60 subpart LLLL and the Federal 
Plan no longer applies to that unit.
    (c) If you own or operate an SSI unit(s) and make physical or 
operational changes to the SSI unit(s) for which construction commenced 
on or before September 21, 2011 primarily to comply with the Federal 
Plan, 40 CFR part 60, subpart LLLL does not apply to the unit(s). Such 
changes do not qualify as modifications under 40 CFR part 60, subpart 
LLLL.


Sec.  62.15860  What SSI units are exempt from the Federal Plan?

    This subpart exempts combustion units that incinerate sewage sludge 
and are not located at a wastewater treatment facility designed to 
treat domestic sewage sludge. These units may be subject to another 
subpart of this part (e.g., subpart III of this part). If you own or 
operate such a combustion unit, you must notify the Administrator of an 
exemption claim under this section.


Sec.  62.15865  How do I determine if my SSI is covered by an approved 
and effective State or Tribal plan?

    This part (40 CFR part 62) contains a list of all states and tribal 
areas with

[[Page 23416]]

approved Clean Air Act (CAA) section 111(d)/129 plans in effect. 
However, this part is only updated once a year. Thus, if this part does 
not indicate that your state or tribal area has an approved and 
effective plan, you should contact your state environmental agency's 
air director or your EPA Regional Office to determine if approval 
occurred since publication of the most recent version of this part. A 
state may also meet its CAA 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 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. Sec.  60.5015(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 the EPA's ``Delegations 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 SSI CAA section 111(d)/129 
state plan is not precluded from receiving EPA approval of a delegation 
request for the 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 the EPA's previous state plan 
approval.
    (c) A state's CAA section 111(d)/129 obligations are separate from 
its obligations under Title V of the CAA.


Sec.  62.15870  If my SSI is not listed on the Federal Plan inventory, 
am I exempt from this subpart?

    Not necessarily. Sources subject to this subpart include, but are 
not limited to, the inventory of sources listed in Docket ID Number 
EPA-HQ-OAR-2012-0319 for the Federal Plan. Review the applicability of 
Sec.  62.15855 to determine if you are subject to this subpart.

Compliance Schedules


Sec.  62.15875  What is my final compliance date?

    You must achieve final compliance specified by the dates in 
paragraphs (a) or (b) of this section:
    (a) [DATE 1 YEAR FROM DATE OF PUBLICATION OF THE FINAL RULE IN THE 
Federal Register].
    (b) If you plan to achieve compliance more than 1 year following 
[DATE 1 YEAR FROM DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal 
Register], you must meet the two increments of progress specified in 
paragraphs (b)(1) and (2) of this section:
    (1) Submit a final control plan; and
    (2) Achieve final compliance.


Sec.  62.15880  When must I complete each increment of progress?

    Table 1 to this subpart specifies compliance dates for each 
increment of progress.


Sec.  62.15885  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; and
    (c) Signature of the owner or operator of the SSI unit.


Sec.  62.15890  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.  62.15895  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 to 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.  62.15900  How do I comply with the increment of progress for 
submittal of a control plan?

    For your control plan increment of progress, you must satisfy the 
two requirements specified in paragraphs (a) and (b) of this section.
    (a) Submit the final control plan to your EPA Regional Office and 
permitting authority or delegated authority that includes the four 
items described in paragraphs (a)(1) through (4) 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 limits 
and standards and other requirements of this subpart;
    (2) The type(s) of waste to be burned, if waste other than sewage 
sludge is burned in the unit;
    (3) The maximum design sewage sludge burning capacity; and
    (4) If applicable, the petition for site-specific operating limits 
under Sec.  62.15965.
    (b) Maintain an onsite copy of the final control plan.


Sec.  62.15905  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 SSI unit 
is brought online, all necessary process changes and air pollution 
control devices would operate as designed.


Sec.  62.15910  What must I do if I close my SSI unit and then restart 
it?

    (a) If you close your SSI 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.  62.15875.
    (b) If you close your SSI unit but will restart it after your final 
compliance date, you must complete emission control retrofits and meet 
the emission limits, emission standards, and operating limits on the 
date your unit restarts operation.


Sec.  62.15915  What must I do if I plan to permanently close my SSI 
unit and not restart it?

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

Operator Training and Qualification


Sec.  62.15920  What are the operator training and qualification 
requirements?

    (a) AN SSI unit cannot be operated unless a fully trained and 
qualified SSI unit operator is accessible, either at the facility or 
can be at the facility within 1 hour. The trained and qualified SSI 
unit operator may operate the SSI unit directly or be the direct 
supervisor of

[[Page 23417]]

one or more other plant personnel who operate the unit. If all 
qualified SSI unit operators are temporarily not accessible, you must 
follow the procedures in Sec.  62.15945.
    (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 10 subjects listed in paragraphs (c)(1)(i) 
through (x) 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, sewage sludge feeding 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 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; and
    (x) Pollution prevention.
    (2) An examination designed and administered by the state-approved 
program or instructor administering the subjects in paragraph(c)(1) of 
this section.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.


Sec.  62.15925  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 your SSI unit startup; and
    (c) Six months after an employee assumes responsibility for 
operating the SSI unit or assumes responsibility for supervising the 
operation of the SSI unit.


Sec.  62.15930  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec.  62.15920(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.  62.15920(c)(2).


Sec.  62.15935  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, sewage sludge feeding and ash handling;
    (c) Inspection and maintenance;
    (d) Prevention of malfunctions or conditions that may lead to 
malfunction; and
    (e) Discussion of operating problems encountered by attendees.


Sec.  62.15940  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification before you begin 
operation of an SSI unit 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.  62.15935; and
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  62.15920.


Sec.  62.15945  What if all the qualified operators are temporarily not 
accessible?

    If a qualified operator is not at the facility and cannot be at the 
facility within 1 hour, you must meet the criteria specified in either 
paragraph (a) or (b) of this section, depending on the length of time 
that a qualified operator is not accessible:
    (a) When a qualified operator is not accessible for more than 8 
hours, the SSI unit may be operated for less than 2 weeks by other 
plant personnel who are familiar with the operation of the SSI unit and 
who have completed a review of the information specified in Sec.  
62.15950 within the past 12 months. However, you must record the period 
when a qualified operator was not accessible and include this deviation 
in the annual report as specified under Sec.  62.16030(c).
    (b) When a qualified operator is 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; and
    (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 SSI 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:
    (i) If the Administrator notifies you that your request to continue 
operation of the SSI unit is disapproved, the SSI unit may continue 
operation for 30 days and then must cease operation; and
    (ii) Operation of the unit may resume if a qualified operator is 
accessible as required under Sec.  62.15920(a). You must notify the 
Administrator within 5 days of having resumed operations and of having 
a qualified operator accessible.


Sec.  62.15950  What site-specific documentation is required and how 
often must it be reviewed by qualified operators and plant personnel?

    (a) You must maintain at the facility the documentation of the 
operator training procedures specified under Sec.  62.15920(c)(1) and 
make the documentation readily accessible to all SSI unit operators.
    (b) You must establish a program for reviewing the information 
listed in Sec.  62.15920(c)(1) with each qualified incinerator operator 
and other plant personnel who may operate the unit according to the 
provisions of Sec.  62.15945(a), according to the following schedule:
    (1) The initial review of the information listed in Sec.  
62.15920(c)(1) 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 SSI unit, whichever date is 
later; and
    (2) Subsequent annual reviews of the information listed in Sec.  
62.15920(c)(1) must be conducted no later than 12 months following the 
previous review.

[[Page 23418]]

Emission Limits, Emission Standards, and Operating Limits and 
Requirements


Sec.  62.15955  What emission limits and standards must I meet and by 
when?

    You must meet the emission limits and standards specified in Table 
2 or 3 to this subpart by the final compliance date specified in Sec.  
62.15880. The emission limits and standards apply at all times the unit 
is operating and during periods of malfunction. The emission limits and 
standards apply to emissions from a bypass stack or vent while sewage 
sludge is in the combustion chamber (i.e., until the sewage sludge feed 
to the combustor has been cut off for a period of time not less than 
the sewage sludge incineration residence time).


Sec.  62.15960  What operating limits and requirements must I meet and 
by when?

    You must meet, as applicable, the operating limits and requirements 
specified in paragraphs (a) through (d) and (h) of this section, 
according to the schedule specified in paragraph (e) of this section. 
The operating parameters for which you will establish operating limits 
for a wet scrubber, fabric filter, electrostatic precipitator or 
activated carbon injection are listed in Table 4 to this subpart. You 
must comply with the operating requirements in paragraph (f) of this 
section and the requirements in paragraph (g) of this section for 
meeting any new operating limits, re-established in Sec.  62.16005. The 
operating limits apply at all times that sewage sludge is in the 
combustion chamber (i.e., until the sewage sludge feed to the combustor 
has been cut off for a period of time not less than the sewage sludge 
incineration residence time):
    (a) You must meet a site-specific operating limit for minimum 
operating temperature of the combustion chamber (or afterburner 
combustion chamber) that you establish in Sec.  62.15985;
    (b) If you use a wet scrubber, electrostatic precipitator, 
activated carbon injection or afterburner to comply with an emission 
limit, you must meet the site-specific operating limits that you 
establish in Sec.  62.15985 for each operating parameter associated 
with each air pollution control device;
    (c) If you use a fabric filter to comply with the emission limits, 
you must install the bag leak detection system specified in Sec. Sec.  
62.15995(b) and 62.16020(b)(3)(i) and operate the bag leak detection 
system such that the alarm does not sound more than 5 percent of the 
operating time during a 6-month period. You must calculate the alarm 
time as specified in Sec.  62.16005(a)(2)(i);
    (d) You must meet the operating requirements in your site-specific 
fugitive emission monitoring plan, submitted as specified in Sec.  
62.15995(d) to ensure that your ash handling system will meet the 
emission standard for fugitive emissions from ash handling;
    (e) You must meet the operating limits and requirements specified 
in paragraphs (a) through (d) of this section by the final compliance 
date specified in Sec.  62.15880;
    (f) You must monitor the feed rate and moisture content of the 
sewage sludge fed to the sewage sludge incinerator, as specified in 
paragraphs (f)(1) and (2) of this section:
    (1) Continuously monitor the sewage sludge feed rate and calculate 
a daily average for all hours of operation during each 24-hour period. 
Keep a record of the daily average feed rate, as specified in Sec.  
62.16025(f)(3)(ii); and
    (2) Take at least one grab sample per day of the sewage sludge fed 
to the sewage sludge incinerator. If you take more than one grab sample 
in a day, calculate the daily average for the grab samples. Keep a 
record of the daily average moisture content, as specified in Sec.  
62.16025(f)(3)(ii).
    (g) For the operating limits and requirements specified in 
paragraphs (a) through (d) and (h) of this section, you must meet any 
new operating limits and requirements, re-established according to 
Sec.  62.16005(d)); and
    (h) If you use an air pollution control device other than a wet 
scrubber, fabric filter, electrostatic precipitator or activated carbon 
injection to comply with the emission limits in Table 2 or 3 to this 
subpart, you must meet any site-specific operating limits or 
requirements that you establish as required in Sec.  62.15965.


Sec.  62.15965  How do I establish operating limits if I do not use a 
wet scrubber, fabric filter, electrostatic precipitator, activated 
carbon injection, or afterburner, or if I limit emissions in some other 
manner, to comply with the emission limits?

    If you use an air pollution control device other than a wet 
scrubber, fabric filter, electrostatic precipitator, activated carbon 
injection, or afterburner, or limit emissions in some other manner 
(e.g., materials balance) to comply with the emission limits in Sec.  
62.15955, you must meet the requirements in paragraphs (a) and (b) of 
this section:
    (a) Meet the applicable operating limits and requirements in Sec.  
60.4850, and establish applicable operating limits according to Sec.  
62.15985; and
    (b) Petition the Administrator for specific operating parameters, 
operating limits, and averaging periods to be established during the 
initial performance test and to be monitored continuously thereafter.
    (1) You are responsible for submitting any supporting information 
in a timely manner to enable the Administrator to consider the 
application prior to the performance test. You must not conduct the 
initial performance test until after the petition has been approved by 
the Administrator, and you must comply with the operating limits as 
written, pending approval by the Administrator. Neither submittal of an 
application, nor the Administrator's failure to approve or disapprove 
the application relieves you of the responsibility to comply with any 
provision of this subpart;
    (2) Your petition must include the five items listed in paragraphs 
(b)(2)(i) through(v) of this section:
    (i) Identification of the specific parameters you propose to 
monitor;
    (ii) 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;
    (iii) A discussion of how you will establish the upper and/or lower 
values for these parameters that will establish the operating limits on 
these parameters, including a discussion of the averaging periods 
associated with those parameters for determining compliance;
    (iv) 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; and
    (v) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.


Sec.  62.15970  Do the emission limits, emission standards, and 
operating limits apply during periods of startup, shutdown and 
malfunction?

    The emission limits and standards apply at all times and during 
periods of malfunction. The operating limits apply at all times that 
sewage sludge is in the combustion chamber (i.e., until the sewage 
sludge feed to the combustor has been cut off for a period of time not 
less than the sewage sludge incineration residence time). For 
determining compliance with the CO concentration limit using CO CEMS, 
the correction to 7 percent oxygen does not apply during

[[Page 23419]]

periods of startup or shutdown. Use the measured CO concentration 
without correcting for oxygen concentration in averaging with other CO 
concentrations (corrected to 7 percent O2) to determine the 
24-hour average value.


Sec.  62.15975  [Reserved]

Initial Compliance Requirements


Sec.  62.15980  How and when do I demonstrate initial compliance with 
the emission limits and standards?

    To demonstrate initial compliance with the emission limits and 
standards in Table 2 or 3 to this subpart, use the procedures specified 
in paragraph (a) of this section. In lieu of using the procedures 
specified in paragraph (a) of this section, you have the option to 
demonstrate initial compliance using the procedures specified in 
paragraph (b) of this section for particulate matter, hydrogen 
chloride, carbon monoxide, dioxins/furans (total mass basis or toxic 
equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium, 
lead and fugitive emissions from ash handling. You must meet the 
requirements of paragraphs (a) and (b) of this section, as applicable, 
and paragraphs (c) through (e) of this section, according to the 
performance testing, monitoring, and calibration requirements in Sec.  
62.16015(a) and (b).
    (a) Demonstrate initial compliance using the performance test 
required in Sec.  60.8. You must demonstrate that your SSI unit meets 
the emission limits and standards specified in Table 2 or 3 to this 
subpart for particulate matter, hydrogen chloride, carbon monoxide, 
dioxins/furans (total mass basis or toxic equivalency basis), mercury, 
nitrogen oxides, sulfur dioxide, cadmium, lead and fugitive emissions 
from ash handling using the performance test. The initial performance 
test must be conducted using the test methods, averaging methods, and 
minimum sampling volumes or durations specified in Table 2 or 3 to this 
subpart and according to the testing, monitoring, and calibration 
requirements specified in Sec.  62.16015(a).
    (1) Except as provided in paragraph (e) of this section, you must 
demonstrate that your SSI unit meets the emission limits and standards 
specified in Table 2 or 3 to this subpart by the final compliance date 
(see Table 1 to this subpart).
    (2) You may use the results from a performance test conducted 
within the 2 previous years that was conducted under the same 
conditions and demonstrated compliance with the emission limits and 
standards in Table 2 or 3 to this subpart, provided no process changes 
have been made since you conducted that performance test. However, you 
must continue to meet the operating limits established during the most 
recent performance test that demonstrated compliance with the emission 
limits and standards in Table 2 or 3 to this subpart. The performance 
test must have used the test methods specified in Table 2 or 3 to this 
subpart.
    (b) Demonstrate initial compliance using a continuous emissions 
monitoring system or continuous automated sampling system. The option 
to use a continuous emissions monitoring system for hydrogen chloride, 
dioxins/furans, cadmium, or lead takes effect on the date a final 
performance specification applicable to hydrogen chloride, dioxins/
furans, cadmium or lead is published in the Federal Register. The 
option to use a continuous automated sampling system for dioxins/furans 
takes effect on the date a final performance specification for such a 
continuous automated sampling system is published in the Federal 
Register. Collect data as specified in Sec.  62.16015(b)(6) and use the 
following procedures:
    (1) To demonstrate initial compliance with the emission limits 
specified in Table 2 or 3 to this subpart for particulate matter, 
hydrogen chloride, carbon monoxide, dioxins/furans (total mass basis or 
toxic equivalency basis), mercury, nitrogen oxides, sulfur dioxide, 
cadmium and lead, you may substitute the use of a continuous monitoring 
system in lieu of conducting the initial performance test required in 
paragraph (a) of this section, as follows:
    (i) You may substitute the use of a continuous emissions monitoring 
system for any pollutant specified in paragraph (b)(1) of this section 
in lieu of conducting the initial performance test for that pollutant 
in paragraph (a) of this section. For determining compliance with the 
carbon monoxide concentration limit using carbon monoxide CEMS, the 
correction to 7 percent oxygen does not apply during periods of startup 
or shutdown. Use the measured carbon monoxide concentration without 
correcting for oxygen concentration in averaging with other carbon 
monoxide concentrations (corrected to 7 percent oxygen) to determine 
the 24-hour average value.
    (ii) You may substitute the use of a continuous automated sampling 
system for mercury or dioxins/furans in lieu of conducting the annual 
mercury or dioxin/furan performance test in paragraph (a) of this 
section.
    (2) If you use a continuous emissions monitoring system to 
demonstrate compliance with an applicable emission limit in Table 2 or 
3 to this subpart, as described in paragraph (b)(1) of this section, 
you must use the continuous emissions monitoring system and follow the 
requirements specified in Sec.  62.16015(b). You must measure emissions 
according to Sec.  60.13 to calculate 1-hour arithmetic averages, 
corrected to 7 percent oxygen (or carbon dioxide). You must demonstrate 
initial compliance using a 24-hour block average of these 1-hour 
arithmetic average emission concentrations, calculated using Equation 
19-19 in section 12.4.1 of Method 19 of 40 CFR part 60, appendix A-7.
    (3) If you use a continuous automated sampling system to 
demonstrate compliance with an applicable emission limit in Table 2 or 
3 to this subpart, as described in paragraph (b)(1) of this section, 
you must:
    (i) Use the continuous automated sampling system specified in Sec.  
60.58b(p) and (q), and measure and calculate average emissions 
corrected to 7 percent oxygen (or carbon dioxide) according to Sec.  
60.58b(p) and your monitoring plan.
    (A) Use the procedures specified in Sec.  60.58b(p) to calculate 
24-hour block averages to determine compliance with the mercury 
emission limit in Table 2 or 3 to this subpart.
    (B) Use the procedures specified in Sec.  60.58b(p) to calculate 2-
week block averages to determine compliance with the dioxin/furan 
(total mass basis or toxic equivalency basis) emission limit in Table 2 
or 3 to this subpart.
    (ii) Comply with the provisions in Sec.  60.58b(q) to develop a 
monitoring plan. For mercury continuous automated sampling systems, you 
must use Performance Specification 12B of appendix B of part 75 and 
Procedure 5 of appendix F of part 60.
    (4) Except as provided in paragraph (e) of this section, you must 
complete your initial performance evaluations required under your 
monitoring plan for any continuous emissions monitoring systems and 
continuous automated sampling systems by the final compliance date (see 
Table 1 to this subpart). Your performance evaluation must be conducted 
using the procedures and acceptance criteria specified in Sec.  
62.15995(a)(3).
    (c) To demonstrate initial compliance with the dioxins/furans toxic 
equivalency emission limit in Table 2 or 3 to this subpart, determine 
dioxins/furans toxic equivalency as follows:
    (1) Measure the concentration of each dioxin/furan tetra- through 
octachlorinated-isomer emitted using EPA Method 23 at 40 CFR part 60, 
appendix A-7.

[[Page 23420]]

    (2) Multiply the concentration of each dioxin/furan (tetra- through 
octa-chlorinated) isomer by its corresponding toxic equivalency factor 
specified in Table 5 to this subpart.
    (3) Sum the products calculated in accordance with paragraph (c)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.
    (d) Submit an initial compliance report, as specified in Sec.  
62.16030(b).
    (e) If you demonstrate initial compliance using the performance 
test specified in paragraph (a) of this section, then the provisions of 
this paragraph (e) apply. If a force majeure is about to occur, occurs 
or has occurred for which you intend to assert a claim of force 
majeure, you must notify the Administrator in writing as specified in 
Sec.  62.16030(f). You must conduct the initial performance test as 
soon as practicable after the force majeure occurs. The Administrator 
will determine whether or not to grant the extension to the initial 
performance test deadline and will notify you in writing of approval or 
disapproval of the request for an extension as soon as practicable. 
Until an extension of the performance test deadline has been approved 
by the Administrator, you remain strictly subject to the requirements 
of this subpart.


Sec.  62.15985  How do I establish my operating limits?

    (a) You must establish the site-specific operating limits specified 
in paragraphs (b) through (h) of this section or established in Sec.  
62.15965, as applicable, during your initial performance tests required 
in Sec.  62.15980. You must meet the requirements in Sec.  62.16005(d) 
to confirm these operating limits or re-establish new operating limits 
using operating data recorded during any performance tests or 
performance evaluations required in Sec.  62.16000. You must follow the 
data measurement and recording frequencies and data averaging times 
specified in Table 4 to this subpart or as established in Sec.  
62.15965, and you must follow the testing, monitoring and calibration 
requirements specified in Sec. Sec.  62.16015 and 62.16020 or 
established in Sec.  62.15965. You are not required to establish 
operating limits for the operating parameters listed in Table 4 to this 
subpart for a control device if you use a continuous monitoring system 
to demonstrate compliance with the emission limits in Table 2 or 3 to 
this subpart for the applicable pollutants, as follows:
    (1) For a scrubber designed to control emissions of hydrogen 
chloride or sulfur dioxide, you are not required to establish an 
operating limit and monitor scrubber liquid flow rate or scrubber 
liquid pH if you use the continuous monitoring system specified in 
Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate compliance with the 
emission limit for hydrogen chloride or sulfur dioxide.
    (2) For a scrubber designed to control emissions of particulate 
matter, cadmium and lead, you are not required to establish an 
operating limit and monitor pressure drop across the scrubber or 
scrubber liquid flow rate if you use the continuous monitoring system 
specified in Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate 
compliance with the emission limit for particulate matter, cadmium and 
lead.
    (3) For an electrostatic precipitator designed to control emissions 
of particulate matter, cadmium and lead, you are not required to 
establish an operating limit and monitor secondary voltage of the 
collection plates, secondary amperage of the collection plates or 
effluent water flow rate at the outlet of the electrostatic 
precipitator if you use the continuous monitoring system specified in 
Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate compliance with the 
emission limit for particulate matter, lead and cadmium.
    (4) For an activated carbon injection system designed to control 
emissions of mercury, you are not required to establish an operating 
limit and monitor sorbent injection rate and carrier gas flow rate (or 
carrier gas pressure drop) if you use the continuous monitoring system 
specified in Sec. Sec.  60.4865(b) and 60.4885(b) to demonstrate 
compliance with the emission limit for mercury.
    (5) For an activated carbon injection system designed to control 
emissions of dioxins/furans, you are not required to establish an 
operating limit and monitor sorbent injection rate and carrier gas flow 
rate (or carrier gas pressure drop) if you use the continuous 
monitoring system specified in Sec. Sec.  60.4865(b) and 60.4885(b) to 
demonstrate compliance with the emission limit for dioxins/furans 
(total mass basis or toxic equivalency basis).
    (b) Minimum pressure drop across each wet scrubber used to meet the 
particulate matter, lead and cadmium emission limits in Table 2 or 3 to 
this subpart, equal to the lowest 4-hour average pressure drop across 
each such wet scrubber measured during the most recent performance test 
demonstrating compliance with the particulate matter, lead and cadmium 
emission limits.
    (c) Minimum scrubber liquid flow rate (measured at the inlet to 
each wet scrubber), equal to the lowest 4-hour average liquid flow rate 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limits.
    (d) Minimum scrubber liquid pH for each wet scrubber used to meet 
the sulfur dioxide or hydrogen chloride emission limits in Table 2 or 3 
to this subpart, equal to the lowest 1-hour average scrubber liquid pH 
measured during the most recent performance test demonstrating 
compliance with the sulfur dioxide and hydrogen chloride emission 
limits.
    (e) Minimum combustion chamber operating temperature (or minimum 
afterburner temperature), equal to the lowest 4-hour average combustion 
chamber operating temperature (or afterburner temperature) measured 
during the most recent performance test demonstrating compliance with 
all applicable emission limits.
    (f) Minimum power input to the electrostatic precipitator 
collection plates, equal to the lowest 4-hour average secondary 
electric power measured during the most recent performance test 
demonstrating compliance with the particulate matter, lead and cadmium 
emission limits. Power input must be calculated as the product of the 
secondary voltage and secondary amperage to the electrostatic 
precipitator collection plates. Both the secondary voltage and 
secondary amperage must be recorded during the performance test.
    (g) Minimum effluent water flow rate at the outlet of the 
electrostatic precipitator, equal to the lowest 4-hour average effluent 
water flow rate at the outlet of the electrostatic precipitator 
measured during the most recent performance test demonstrating 
compliance with the particulate matter, lead and cadmium emission 
limits.
    (h) For activated carbon injection, establish the site-specific 
operating limits specified in paragraphs (h)(1) through (3) of this 
section.
    (1) Minimum mercury sorbent injection rate, equal to the lowest 4-
hour average mercury sorbent injection rate measured during the most 
recent performance test demonstrating compliance with the mercury 
emission limit.
    (2) Minimum dioxin/furan sorbent injection rate, equal to the 
lowest 4-hour average dioxin/furan sorbent injection rate measured 
during the most recent performance test demonstrating compliance with 
the dioxin/furan (total mass basis or toxic equivalency basis) emission 
limit.

[[Page 23421]]

    (3) Minimum carrier gas flow rate or minimum carrier gas pressure 
drop, as follows:
    (i) Minimum carrier gas flow rate, equal to the lowest 4-hour 
average carrier gas flow rate measured during the most recent 
performance test demonstrating compliance with the applicable emission 
limit.
    (ii) Minimum carrier gas pressure drop, equal to the lowest 4-hour 
average carrier gas flow rate measured during the most recent 
performance test demonstrating compliance with the applicable emission 
limit.


Sec.  62.15990  By what date must I conduct the initial air pollution 
control device inspection and make any necessary repairs?

    (a) You must conduct an air pollution control device inspection 
according to Sec.  62.16015(c) by the final compliance date as 
specified in Sec.  62.15880. For air pollution control devices 
installed after the final compliance date, you must conduct the air 
pollution control device inspection within 60 days after installation 
of the control device.
    (b) Within 10 operating days following the air pollution control 
device inspection under paragraph (a) of this section, all necessary 
repairs must be completed unless you obtain written approval from the 
Administrator establishing a date whereby all necessary repairs of the 
SSI unit must be completed.


Sec.  62.15995  How do I develop a site-specific monitoring plan for my 
continuous monitoring, bag leak detection, and ash handling systems, 
and by what date must I conduct an initial performance evaluation?

    You must develop and submit to the Administrator for approval a 
site-specific monitoring plan for each continuous monitoring system 
required under this subpart, according to the requirements in 
paragraphs (a) through (c) of this section. This requirement also 
applies to you if you petition the Administrator for alternative 
monitoring parameters under Sec.  60.13(i) and paragraph (e) of this 
section. If you use a continuous automated sampling system to comply 
with the mercury or dioxin/furan (total mass basis or toxic equivalency 
basis) emission limits, you must develop your monitoring plan as 
specified in Sec.  60.58b(q), and you are not required to meet the 
requirements in paragraphs (a) and (b) of this section. You must also 
submit a site-specific monitoring plan for your ash handling system, as 
specified in paragraph (d) of this section. You must submit and update 
your monitoring plans as specified in paragraphs (f) through (h) of 
this section.
    (a) For each continuous monitoring system, your monitoring plan 
must address the elements and requirements specified in paragraphs 
(a)(1) through (8) of this section. You must operate and maintain the 
continuous monitoring system in continuous operation according to the 
site-specific monitoring plan.
    (1) 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).
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer 
and the data collection and reduction systems.
    (3) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (i) For continuous emissions monitoring systems, your performance 
evaluation and acceptance criteria must include, but is not limited to, 
the following:
    (A) The applicable requirements for continuous emissions monitoring 
systems specified in Sec.  60.13.
    (B) The applicable performance specifications (e.g., relative 
accuracy tests) in appendix B of part 60.
    (C) The applicable procedures (e.g., quarterly accuracy 
determinations and daily calibration drift tests) in appendix F of part 
60.
    (D) A discussion of how the occurrence and duration of out-of-
control periods will affect the suitability of CEMS data, where out-of-
control has the meaning given in paragraph (a)(7)(i) of this section.
    (ii) For continuous parameter monitoring systems, your performance 
evaluation and acceptance criteria must include, but is not limited to, 
the following:
    (A) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs 
(a)(3)(ii)(A)(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 of no greater 
than 2 percent of the expected process flow rate.
    (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.
    (B) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in 
paragraphs (a)(3)(ii)(B)(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., particulate matter 
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 least once each process operating day 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.
    (C) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (a)(3)(ii)(C)(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 operating limit pH level) of the pH monitoring system in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than quarterly.
    (D) If you have an operating limit that requires the use of a 
temperature measurement device, you must meet the

[[Page 23422]]

requirements in paragraphs (a)(3)(ii)(D)(1) through (4) of this 
section.
    (1) Install the temperature sensor and other necessary equipment in 
a position that provides a representative temperature.
    (2) Use a temperature sensor with a minimum tolerance of 2.8 
degrees Celsius (5 degrees Fahrenheit), or 1.0 percent of the 
temperature value, whichever is larger, for a noncryogenic temperature 
range.
    (3) Use a temperature sensor with a minimum tolerance of 2.8 
degrees Celsius (5 degrees Fahrenheit), or 2.5 percent of the 
temperature value, whichever is larger, for a cryogenic temperature 
range.
    (4) Conduct a temperature measurement device performance evaluation 
at the time of each performance test but no less frequently than 
annually.
    (E) 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 (a)(3)(ii)(E)(1) and (2) of 
this section.
    (1) Install sensors to measure (secondary) voltage and current to 
the electrostatic 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.
    (F) 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 (a)(3)(ii)(F)(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.
    (4) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec.  60.11(d).
    (5) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  60.13.
    (6) 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).
    (7) Provisions for periods when the continuous monitoring system is 
out of control, as follows:
    (i) A continuous monitoring system is out of control if the 
conditions of paragraph (a)(7)(i)(A) or (i)(B) of this section are met.
    (A) 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.
    (B) 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.
    (ii) When the continuous monitoring system is out of control as 
specified in paragraph (a)(7)(i) of this section, you must take the 
necessary corrective action and must repeat all necessary tests that 
indicate that the system is out of control. You must take corrective 
action and conduct retesting until the performance requirements are 
below the applicable limits. The beginning of the out-of-control period 
is the hour you conduct a performance check (e.g., calibration drift) 
that indicates an exceedance of the performance requirements 
established under this part. The end of the out-of-control period is 
the hour following the completion of corrective action and successful 
demonstration that the system is within the allowable limits.
    (8) Schedule for conducting initial and periodic performance 
evaluations of your continuous monitoring systems.
    (b) If a bag leak detection system is used, your monitoring plan 
must include a description of the following items:
    (1) Installation of the bag leak detection system in accordance 
with paragraphs (b)(1)(i) and (ii) of this section.
    (i) Install the 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.
    (ii) 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.
    (2) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established. Use a 
bag leak detection system equipped with a system that will sound an 
alarm when the system detects an increase in relative particulate 
matter emissions over a preset level. The alarm must be located where 
it is observed readily and any alert is detected and recognized easily 
by plant operating personnel.
    (3) Evaluations of the performance of the bag leak detection 
system, performed in accordance with your monitoring plan and 
consistent with the guidance provided in Fabric Filter Bag Leak 
Detection Guidance, EPA-454/R-98-015, September 1997 (incorporated by 
reference, see Sec.  60.17).
    (4) Operation of the bag leak detection system, including quality 
assurance procedures.
    (5) Maintenance of the bag leak detection system, including a 
routine maintenance schedule and spare parts inventory list.
    (6) Recordkeeping (including record retention) of the bag leak 
detection system data. Use a bag leak detection system equipped with a 
device to continuously record the output signal from the sensor.
    (c) You must conduct an initial performance evaluation of each 
continuous monitoring system and bag leak detection system, as 
applicable, in accordance with your monitoring plan and to Sec.  
60.13(c). For the purpose of this subpart, the provisions of Sec.  
60.13(c) also apply to the bag leak detection system. You must conduct 
the initial performance evaluation of each continuous monitoring system 
within 60 days of installation of the monitoring system.
    (d) You must submit a monitoring plan specifying the ash handling 
system operating procedures that you will follow to ensure that you 
meet the fugitive emissions limit specified in Table 2 or 3 to this 
subpart.
    (e) You may submit an application to the Administrator for approval 
of alternate monitoring requirements to demonstrate compliance with the 
standards of this subpart, subject to the provisions of paragraphs 
(e)(1) through (6) of this section.
    (1) The Administrator will not approve averaging periods other than 
those specified in this section, unless you document, using data or 
information, that the longer averaging period will ensure that 
emissions do not exceed levels achieved over the duration of three 
performance test runs.
    (2) If the application to use an alternate monitoring requirement 
is approved, you must continue to use the original monitoring 
requirement until approval is received to use another monitoring 
requirement.
    (3) You must submit the application for approval of alternate 
monitoring requirements no later than the

[[Page 23423]]

notification of performance test. The application must contain the 
information specified in paragraphs (e)(3)(i) through (iii) of this 
section:
    (i) Data or information justifying the request, such as the 
technical or economic infeasibility, or the impracticality of using the 
required approach.
    (ii) A description of the proposed alternative monitoring 
requirement, including the operating parameter to be monitored, the 
monitoring approach and technique, the averaging period for the limit, 
and how the limit is to be calculated.
    (iii) Data or information documenting that the alternative 
monitoring requirement would provide equivalent or better assurance of 
compliance with the relevant emission standard.
    (4) The Administrator will notify you of the approval or denial of 
the application within 90 calendar days after receipt of the original 
request, or within 60 calendar days of the receipt of any supplementary 
information, whichever is later. The Administrator will not approve an 
alternate monitoring application unless it would provide equivalent or 
better assurance of compliance with the relevant emission standard. 
Before disapproving any alternate monitoring application, the 
Administrator will provide the following:
    (i) Notice of the information and findings upon which the intended 
disapproval is based.
    (ii) Notice of opportunity for you to present additional supporting 
information before final action is taken on the application. This 
notice will specify how much additional time is allowed for you to 
provide additional supporting information.
    (5) You are responsible for submitting any supporting information 
in a timely manner to enable the Administrator to consider the 
application prior to the performance test. Neither submittal of an 
application, nor the Administrator's failure to approve or disapprove 
the application relieves you of the responsibility to comply with any 
provision of this subpart.
    (6) The Administrator may decide at any time, on a case-by-case 
basis, that additional or alternative operating limits, or alternative 
approaches to establishing operating limits, are necessary to 
demonstrate compliance with the emission standards of this subpart.
    (f) You must submit your monitoring plans required in paragraphs 
(a) and (b) of this section at least 60 days before your initial 
performance evaluation of your continuous monitoring system(s).
    (g) You must submit your monitoring plan for your ash handling 
system, as required in paragraph (d) of this section, at least 60 days 
before your initial compliance test date.
    (h) You must update and resubmit your monitoring plan if there are 
any changes or potential changes in your monitoring procedures or if 
there is a process change, as defined in Sec.  62.16045.

Continuous Compliance Requirements


Sec.  62.16000  How and when do I demonstrate continuous compliance 
with the emission limits and standards?

    To demonstrate continuous compliance with the emission limits and 
standards specified in Table 2 or 3 to this subpart, use the procedures 
specified in paragraph (a) of this section. In lieu of using the 
procedures specified in paragraph (a) of this section, you have the 
option to demonstrate initial compliance using the procedures specified 
in paragraph (b) of this section for particulate matter, hydrogen 
chloride, carbon monoxide, dioxins/furans (total mass basis or toxic 
equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium, 
lead and fugitive emissions from ash handling. You must meet the 
requirements of paragraphs (a) and (b) of this section, as applicable, 
and paragraphs (c) through (e) of this section, according to the 
performance testing, monitoring, and calibration requirements in Sec.  
62.16015(a) and (b). You may also petition the Administrator for 
alternative monitoring parameters as specified in paragraph (f) of this 
section.
    (a) Demonstrate continuous compliance using a performance test. 
Except as provided in paragraphs (a)(3) and (e) of this section, 
following the date that the initial performance test for each pollutant 
in Table 2 or 3 to this subpart is completed, you must conduct a 
performance test for each such pollutant on an annual basis (between 11 
and 13 calendar months following the previous performance test). The 
performance test must be conducted using the test methods, averaging 
methods, and minimum sampling volumes or durations specified in Table 2 
or 3 to this subpart and according to the testing, monitoring and 
calibration requirements specified in Sec.  62.16015(a).
    (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. 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.  62.16045.
    (3) Except as specified in paragraphs (a)(1) and (2) of this 
section, you can conduct performance tests less often for a given 
pollutant, as specified in paragraphs (a)(3)(i) through (iii) of this 
section.
    (i) You can conduct performance tests less often if your 
performance tests for the pollutant for at least 2 consecutive years 
show that your emissions are at or below 75 percent of the emission 
limit specified in Table 2 or 3 to this subpart, and there are no 
changes in the operation of the affected source or air pollution 
control equipment that could increase emissions. In this case, you do 
not have to conduct a performance test for that pollutant for the next 
2 years. You must conduct a performance test during the third year and 
no more than 37 months after the previous performance test.
    (ii) If your SSI unit continues to meet the emission limit for the 
pollutant, you may choose to conduct performance tests for the 
pollutant every third year if your emissions are at or below 75 percent 
of the emission limit, and if there are no changes in the operation of 
the affected source or air pollution control equipment that could 
increase emissions, but each such performance test must be conducted no 
more than 37 months after the previous performance test.
    (iii) If a performance test shows emissions exceeded 75 percent of 
the emission limit for a pollutant, you must conduct annual performance 
tests for that pollutant until all performance tests over 2 consecutive 
years show compliance.
    (b) Demonstrate continuous compliance using a continuous emissions 
monitoring system or continuous automated sampling system. The option 
to use a continuous emissions monitoring system for hydrogen chloride, 
dioxins/furans, cadmium or lead takes effect on the date a final 
performance specification applicable to hydrogen chloride, dioxins/
furans, cadmium or lead is published in the Federal Register. The 
option to use a continuous automated sampling system for dioxins/furans 
takes effect on the date a final performance specification for such a 
continuous automated sampling system is published in the Federal 
Register. Collect data as specified in Sec.  62.16015(b)(6) and use the 
following procedures:
    (1) To demonstrate continuous compliance with the emission limits 
for particulate matter, hydrogen chloride, carbon monoxide, dioxins/
furans (total mass basis or toxic equivalency basis), mercury, nitrogen 
oxides, sulfur

[[Page 23424]]

dioxide, cadmium and lead, you may substitute the use of a continuous 
monitoring system in lieu of conducting the annual performance test 
required in paragraph (a) of this section, as follows:
    (i) You may substitute the use of a continuous emissions monitoring 
system for any pollutant specified in paragraph (b)(1) of this section 
in lieu of conducting the annual performance test for that pollutant in 
paragraph (a) of this section. For determining compliance with the 
carbon monoxide concentration limit using carbon monoxide CEMS, the 
correction to 7 percent oxygen does not apply during periods of startup 
or shutdown. Use the measured carbon monoxide concentration without 
correcting for oxygen concentration in averaging with other carbon 
monoxide concentrations (corrected to 7 percent oxygen) to determine 
the 24-hour average value.
    (ii) You may substitute the use of a continuous automated sampling 
system for mercury or dioxins/furans in lieu of conducting the annual 
mercury or dioxin/furan performance test in paragraph (a) of this 
section.
    (2) If you use a continuous emissions monitoring system to 
demonstrate compliance with an applicable emission limit in paragraph 
(b)(1) of this section, you must use the continuous emissions 
monitoring system and follow the requirements specified in Sec.  
62.16015(b). You must measure emissions according to Sec.  60.13 to 
calculate 1-hour arithmetic averages, corrected to 7 percent oxygen (or 
carbon dioxide). You must demonstrate initial compliance using a 24-
hour block average of these 1-hour arithmetic average emission 
concentrations, calculated using Equation 19-19 in section 12.4.1 of 
Method 19 of 40 CFR part 60, appendix A-7.
    (3) If you use a continuous automated sampling system to 
demonstrate compliance with an applicable emission limit in paragraph 
(b)(1) of this section, you must:
    (i) Use the continuous automated sampling system specified in Sec.  
60.58b(p) and (q), and measure and calculate average emissions 
corrected to 7 percent oxygen (or carbon dioxide) according to Sec.  
60.58b(p) and your monitoring plan.
    (A) Use the procedures specified in Sec.  60.58b(p) to calculate 
24-hour averages to determine compliance with the mercury emission 
limit in Table 2 or 3 to this subpart.
    (B) Use the procedures specified in Sec.  60.58b(p) to calculate 2-
week averages to determine compliance with the dioxin/furan (total mass 
basis or toxic equivalency basis) emission limits in Table 2 or 3 to 
this subpart.
    (ii) Update your monitoring plan as specified in Sec.  60.4880(e). 
For mercury continuous automated sampling systems, you must use 
Performance Specification 12B of appendix B of part 75 and Procedure 5 
of appendix F of part 60.
    (4) Except as provided in paragraph (e) of this section, you must 
complete your periodic performance evaluations required in your 
monitoring plan for any continuous emissions monitoring systems and 
continuous automated sampling systems, according to the schedule 
specified in your monitoring plan. If you were previously determining 
compliance by conducting an annual performance test (or according to 
the less frequent testing for a pollutant as provided in paragraph 
(a)(3) of this section), you must complete the initial performance 
evaluation required under your monitoring plan in Sec.  62.15995 for 
the continuous monitoring system prior to using the continuous 
emissions monitoring system to demonstrate compliance or continuous 
automated sampling system. Your performance evaluation must be 
conducted using the procedures and acceptance criteria specified in 
Sec.  62.15995(a)(3).
    (c) To demonstrate compliance with the dioxins/furans toxic 
equivalency emission limit in paragraph (a) or (b) of this section, you 
must determine dioxins/furans toxic equivalency as follows:
    (1) Measure the concentration of each dioxin/furan tetra- through 
octachlorinated-isomer emitted using Method 23 at 40 CFR part 60, 
appendix A-7.
    (2) For each dioxin/furan (tetra- through octachlorinated) isomer 
measured in accordance with paragraph (c)(1) of this section, multiply 
the isomer concentration by its corresponding toxic equivalency factor 
specified in Table 5 to this subpart.
    (3) Sum the products calculated in accordance with paragraph (c)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.
    (d) You must submit an annual compliance report as specified in 
Sec.  62.16030(c). You must submit a deviation report as specified in 
Sec.  62.16030(d) for each instance that you did not meet each emission 
limit in Tables 2 and 3 to this subpart.
    (e) If you demonstrate continuous compliance using a performance 
test, as specified in paragraph (a) of this section, then the 
provisions of this paragraph (e) apply. If a force majeure is about to 
occur, occurs, or has occurred for which you intend to assert a claim 
of force majeure, you must notify the Administrator in writing as 
specified in Sec.  62.16030(f). You must conduct the performance test 
as soon as practicable after the force majeure occurs. The 
Administrator will determine whether or not to grant the extension to 
the performance test deadline, and will notify you in writing of 
approval or disapproval of the request for an extension as soon as 
practicable. Until an extension of the performance test deadline has 
been approved by the Administrator, you remain strictly subject to the 
requirements of this subpart.
    (f) After any initial requests in Sec.  62.15995 for alternative 
monitoring requirements for initial compliance, you may subsequently 
petition the Administrator for alternative monitoring parameters as 
specified in Sec. Sec.  60.13(i) and 62.15995(e).


Sec.  62.16005  How do I demonstrate continuous compliance with my 
operating limits?

    You must continuously monitor your operating parameters as 
specified in paragraph (a) of this section and meet the requirements of 
paragraphs (b) and (c) of this section, according to the monitoring and 
calibration requirements in Sec.  62.16020. You must confirm and re-
establish your operating limits as specified in paragraph (d) of this 
section.
    (a) You must continuously monitor the operating parameters 
specified in paragraphs (a)(1) and(2) of this section using the 
continuous monitoring equipment and according to the procedures 
specified in Sec.  62.16020 or established in Sec.  62.15965. To 
determine compliance, you must use the data averaging period specified 
in Table 4 to this subpart (except for alarm time of the baghouse leak 
detection system) unless a different averaging period is established 
under Sec.  62.15965.
    (1) You must demonstrate that the SSI unit meets the operating 
limits established according to Sec. Sec.  62.15965 and 62.15985 and 
paragraph (d) of this section for each applicable operating parameter.
    (2) You must demonstrate that the SSI unit meets the operating 
limit for bag leak detection systems as follows:
    (i) For a bag leak detection system, you must calculate the alarm 
time as follows:
    (A) If inspection of the fabric filter demonstrates that no 
corrective action is required, no alarm time is counted.
    (B) If corrective action is required, each alarm time shall be 
counted as a minimum of 1 hour.

[[Page 23425]]

    (C) If you take longer than 1 hour to initiate corrective action, 
each alarm time (i.e., time that the alarm sounds) is counted as the 
actual amount of time taken by you to initiate corrective action.
    (ii) Your maximum alarm time is equal to 5 percent of the operating 
time during a 6-month period, as specified in Sec.  62.15960(c).
    (b) 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 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. You must 
submit the deviation report specified in Sec.  62.16030(d) for each 
instance that you did not meet one of your operating limits established 
under this subpart.
    (c) You must submit the annual compliance report specified in Sec.  
62.16030(c) to demonstrate continuous compliance.
    (d) You must confirm your operating limits according to paragraph 
(d)(1) of this section or re-establish operating limits according to 
paragraph (d)(2) of this section. Your operating limits must be 
established so as to assure ongoing compliance with the emission 
limits. These requirements also apply to your operating requirements in 
your fugitive emissions monitoring plan specified in Sec.  62.15960(d).
    (1) Your operating limits must be based on operating data recorded 
during any performance test required in Sec.  62.16000(a) or any 
performance evaluation required in Sec.  62.16000(b)(4).
    (2) You may conduct a repeat performance test at any time to 
establish new values for the operating limits to apply from that point 
forward.


Sec.  62.16010  By what date must I conduct annual air pollution 
control device inspections and make any necessary repairs?

    (a) You must conduct an annual inspection of each air pollution 
control device used to comply with the emission limits, according to 
Sec.  62.16015(c), no later than 12 months following the previous 
annual air pollution control device inspection.
    (b) Within 10 operating days following an air pollution control 
device inspection, all necessary repairs must be completed unless you 
obtain written approval from the Administrator establishing a date 
whereby all necessary repairs of the affected SSI unit must be 
completed.

Performance Testing, Monitoring, and Calibration Requirements


Sec.  62.16015  What are the performance testing, monitoring, and 
calibration requirements for compliance with the emission limits and 
standards?

    You must meet, as applicable, the performance testing requirements 
specified in paragraph (a) of this section, the monitoring requirements 
specified in paragraph (b) of this section, the air pollution control 
device inspections requirements specified in paragraph (c) of this 
section, and the bypass stack provisions specified in paragraph (d) of 
this section.
    (a) Performance testing requirements. (1) All performance tests 
must consist of a minimum of three test runs conducted under conditions 
representative of normal operations, as specified in Sec.  60.8(c). 
Emissions in excess of the emission limits or standards during periods 
of startup, shutdown, and malfunction are considered deviations from 
the applicable emission limits or standards.
    (2) You must document that the dry sludge burned during the 
performance test is representative of the sludge burned under normal 
operating conditions by:
    (i) Maintaining a log of the quantity of sewage sludge burned 
during the performance test by continuously monitoring and recording 
the average hourly rate that sewage sludge is fed to the incinerator.
    (ii) Maintaining a log of the moisture content of the sewage sludge 
burned during the performance test by taking grab samples of the sewage 
sludge fed to the incinerator for each 8 hour period that testing is 
conducted.
    (3) All performance tests must be conducted using the test methods, 
minimum sampling volume, observation period, and averaging method 
specified in Table 2 or 3 to this subpart.
    (4) Method 1 at 40 CFR part 60, appendix A must be used to select 
the sampling location and number of traverse points.
    (5) Method 3A or 3B at 40 CFR part 60, appendix A-2 must be used 
for gas composition analysis, including measurement of oxygen 
concentration. Method 3A or 3B at 40 CFR part 60, appendix A-2 must be 
used simultaneously with each method.
    (6) All pollutant concentrations must be adjusted to 7 percent 
oxygen using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP27AP15.005

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.
%O2 = Oxygen concentration measured on a dry basis, 
percent.

    (7) Performance tests must be conducted and data reduced in 
accordance with the test methods and procedures contained in this 
subpart unless the Administrator does one of the following.
    (i) Specifies or approves, in specific cases, the use of a method 
with minor changes in methodology.
    (ii) Approves the use of an equivalent method.
    (iii) Approves the use of an alternative method the results of 
which he has determined to be adequate for indicating whether a 
specific source is in compliance.
    (iv) Waives the requirement for performance tests because you have 
demonstrated by other means to the Administrator's satisfaction that 
the affected SSI unit is in compliance with the standard.
    (v) Approves shorter sampling times and smaller sample volumes when 
necessitated by process variables or other factors. Nothing in this 
paragraph is construed to abrogate the Administrator's authority to 
require testing under section 114 of the Clean Air Act.
    (8) You must provide the Administrator at least 30 days prior 
notice of any performance test, except as specified under other 
subparts, to afford the Administrator the opportunity to have an 
observer present. If after 30 days' notice for an initially scheduled 
performance test, there is a delay (due to operational problems, etc.) 
in conducting the scheduled performance test, you must notify the 
Administrator as soon as possible of any delay in the original test 
date, either by providing at

[[Page 23426]]

least 7 days prior notice of the rescheduled date of the performance 
test, or by arranging a rescheduled date with the Administrator by 
mutual agreement.
    (9) You must provide, or cause to be provided, performance testing 
facilities as follows:
    (i) Sampling ports adequate for the test methods applicable to the 
SSI unit, as follows:
    (A) Constructing the air pollution control system such that 
volumetric flow rates and pollutant emission rates can be accurately 
determined by applicable test methods and procedures.
    (B) Providing a stack or duct free of cyclonic flow during 
performance tests, as demonstrated by applicable test methods and 
procedures.
    (ii) Safe sampling platform(s).
    (iii) Safe access to sampling platform(s).
    (iv) Utilities for sampling and testing equipment.
    (10) Unless otherwise specified in this subpart, each performance 
test must consist of three separate runs using the applicable test 
method. Each run must be conducted for the time and under the 
conditions specified in the applicable standard. Compliance with each 
emission limit must be determined by calculating the arithmetic mean of 
the three runs. In the event that a sample is accidentally lost or 
conditions occur in which one of the three runs must be discontinued 
because of forced shutdown, failure of an irreplaceable portion of the 
sample train, extreme meteorological conditions, or other 
circumstances, beyond your control, compliance may, upon the 
Administrator's approval, be determined using the arithmetic mean of 
the results of the two other runs.
    (11) During each test run specified in paragraph (a)(1) of this 
section, you must operate your sewage sludge incinerator at a minimum 
of 85 percent of your maximum permitted capacity.
    (b) Continuous monitor requirements. You must meet the following 
requirements, as applicable, when using a continuous monitoring system 
to demonstrate compliance with the emission limits in Table 2 or 3 to 
this subpart. The option to use a continuous emissions monitoring 
system for hydrogen chloride, dioxins/furans, cadmium, or lead takes 
effect on the date a final performance specification applicable to 
hydrogen chloride, dioxins/furans, cadmium or lead is published in the 
Federal Register. If you elect to use a continuous emissions monitoring 
system instead of conducting annual performance testing, you must meet 
the requirements of paragraphs (b)(1) through (6) of this section. If 
you elect to use a continuous automated sampling system instead of 
conducting annual performance testing, you must meet the requirements 
of paragraph (b)(7) of this section. The option to use a continuous 
automated sampling system for dioxins/furans takes effect on the date a 
final performance specification for such a continuous automated 
sampling system is published in the Federal Register.
    (1) You must notify the Administrator 1 month before starting use 
of the continuous emissions monitoring system.
    (2) You must notify the Administrator 1 month before stopping use 
of the continuous emissions monitoring system, in which case you must 
also conduct a performance test within prior to ceasing operation of 
the system.
    (3) You must install, operate, calibrate, and maintain an 
instrument for continuously measuring and recording the emissions to 
the atmosphere in accordance with the following:
    (i) Section 60.13 of subpart A of part 60.
    (ii) The following performance specifications of appendix B of part 
60, as applicable:
    (A) For particulate matter, Performance Specification 11 of 
appendix B of part 60.
    (B) For hydrogen chloride, Performance Specification 15 of appendix 
B of part 60.
    (C) For carbon monoxide, Performance Specification 4B of appendix B 
of part 60 with spans appropriate to the applicable emission limit.
    (D) [Reserved]
    (E) For mercury, Performance Specification 12A of appendix B of 
part 60.
    (F) For nitrogen oxides, Performance Specification 2 of appendix B 
of part 60.
    (G) For sulfur dioxide, Performance Specification 2 of appendix B 
of part 60.
    (iii) For continuous emissions monitoring systems, the quality 
assurance procedures (e.g., quarterly accuracy determinations and daily 
calibration drift tests) of appendix F of this part specified in 
paragraphs (b)(3)(iii)(A) through (G) of this section. For each 
pollutant, the span value of the continuous emissions monitoring system 
is two times the applicable emission limit, expressed as a 
concentration.
    (A) For particulate matter, Procedure 2 in appendix F of part 60.
    (B) For hydrogen chloride, Procedure 1 in appendix F of part 60 
except that the Relative Accuracy Test Audit requirements of Procedure 
1 shall be replaced with the validation requirements and criteria of 
sections 11.1.1 and 12.0 of Performance Specification 15 of appendix B 
of part 60.
    (C) For carbon monoxide, Procedure 1 in appendix F of part 60.
    (D) [Reserved]
    (E) For mercury, Procedures 5 in appendix F of part 60.
    (F) For nitrogen oxides, Procedure 1 in appendix F of part 60.
    (G) For sulfur dioxide, Procedure 1 in appendix F of part 60.
    (iv) If your monitoring system has a malfunction or out-of-control 
period, you must complete repairs and resume operation of your 
monitoring system as expeditiously as possible.
    (4) During each relative accuracy test run of the continuous 
emissions monitoring system using the performance specifications in 
paragraph (b)(3)(ii) of this section, emission data for each regulated 
pollutant and oxygen (or carbon dioxide as established in (b)(5) of 
this section) must be collected concurrently (or within a 30- to 60-
minute period) by both the continuous emissions monitoring systems and 
the test methods specified in paragraph (b)(4)(i) through (viii) of 
this section. Relative accuracy testing must be at representative 
operating conditions while the SSI unit is charging sewage sludge.
    (i) For particulate matter, Method 5 at 40 CFR part 60, appendix A-
3 or Method 26A or 29 at 40 CFR part 60, appendix A-8 shall be used.
    (ii) For hydrogen chloride, Method 26 or 26A at 40 CFR part 60, 
appendix A-8, shall be used, as specified in Tables 2 and 3 to this 
subpart.
    (iii) For carbon monoxide, Method 10, 10A, or 10B at 40 CFR part 
60, appendix A-4, shall be used.
    (iv) For dioxins/furans, Method 23 at 40 CFR part 60, appendix A-7, 
shall be used.
    (v) For mercury, cadmium and lead, Method 29 at 40 CFR part 60, 
appendix A-8, shall be used. Alternatively for mercury, either Method 
30B at 40 CFR part 60, appendix A-8 or ASTM D6784-02 (Reapproved 2008) 
(incorporated by reference, see Sec.  60.17), may be used.
    (vi) For nitrogen oxides, Method 7 or 7E at 40 CFR part 60, 
appendix A-4, shall be used.
    (vii) For sulfur dioxide, Method 6 or 6C at 40 CFR part 60, 
appendix A-4, or as an alternative ANSI/ASME PTC 19.10-1981 
(incorporated by reference, see Sec.  60.17) must be used. For sources 
that have actual inlet emissions less than 100 parts per million dry 
volume, the relative accuracy criterion for the

[[Page 23427]]

inlet of the sulfur dioxide continuous emissions monitoring system 
should be no greater than 20 percent of the mean value of the 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 method and the continuous emissions monitoring system, whichever is 
greater.
    (viii) For oxygen (or carbon dioxide as established in (b)(5) of 
this section), Method 3A or 3B at 40 CFR part 60, appendix A-2, or as 
an alternative ANSI/ASME PTC 19.10-1981 (incorporated by reference, see 
Sec.  60.17), as applicable, must be used.
    (5) You may request that compliance with the emission limits 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 (b)(5)(i) through 
(iv) of this section. This relationship may be re-established during 
subsequent performance tests.
    (i) The fuel factor equation in Method 3B at 40 CFR part 60, 
appendix A-2 must be used to determine the relationship between oxygen 
and carbon dioxide at a sampling location. Method 3A or 3B at 50 CFR 
part 60, appendix A-2, 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.
    (6) You must operate the continuous monitoring system and collect 
data with the continuous monitoring system as follows:
    (i) You must collect data using the continuous monitoring system at 
all times the affected SSI unit is operating and at the intervals 
specified in paragraph (b)(6)(ii) of this section, except for periods 
of monitoring system malfunctions that occur during periods specified 
in Sec.  62.15995(a)(7)(i), repairs associated with monitoring system 
malfunctions, and required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration 
checks and required zero and span adjustments). Any such periods that 
you do not collect data using the continuous monitoring system 
constitute a deviation from the monitoring requirements and must be 
reported in a deviation report.
    (ii) You must collect continuous emissions monitoring system data 
in accordance with Sec.  60.13(e)(2).
    (iii) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or control activities must not be 
included in calculations used to report emissions or operating levels. 
Any such periods must be reported in a deviation report.
    (iv) Any data collected during periods when the monitoring system 
is out of control as specified in Sec.  60.4880(a)(7)(i), repairs 
associated with periods when the monitoring system is out of control, 
or required monitoring system quality assurance or control activities 
conducted during out-of-control periods must not be included in 
calculations used to report emissions or operating levels. Any such 
periods that do not coincide with a monitoring system malfunction as 
defined in Sec.  62.16045, constitute a deviation from the monitoring 
requirements and must be reported in a deviation report.
    (v) You must use all the data collected during all periods except 
those periods specified in paragraphs (b)(6)(iii) and (iv) of this 
section in assessing the operation of the control device and associated 
control system.
    (7) If you elect to use a continuous automated sampling system 
instead of conducting annual performance testing, you must:
    (i) Install, calibrate, maintain and operate a continuous automated 
sampling system according to the site-specific monitoring plan 
developed in Sec.  60.58b(p)(1) through (6), (9), (10), and (q).
    (ii) Collect data according to Sec.  60.58b(p)(5) and paragraph 
(b)(6) of this section.
    (c) Air pollution control device inspections. You must conduct air 
pollution control device inspections that include, at a minimum, the 
following:
    (1) Inspect air pollution control device(s) for proper operation.
    (2) Generally observe that the equipment is maintained in good 
operating condition.
    (3) Develop a site-specific monitoring plan according to the 
requirements in Sec.  62.15995. This requirement also applies to you if 
you petition the EPA Administrator for alternative monitoring 
parameters under Sec.  60.13(i).
    (d) Bypass stack. Use of the bypass stack at any time that sewage 
sludge is being charged to the SSI unit is an emissions standards 
deviation for all pollutants listed in Table 2 or 3 to this subpart. 
The use of the bypass stack during a performance test invalidates the 
performance test.


Sec.  62.16020  What are the monitoring and calibration requirements 
for compliance with my operating limits?

    (a) You must install, operate, calibrate and maintain the 
continuous parameter monitoring systems according to the requirements 
in paragraphs (a)(1) and (2) of this section.
    (1) Meet the following general requirements for flow, pressure, pH 
and operating temperature measurement devices:
    (i) You must collect data using the continuous monitoring system at 
all times the affected SSI unit is operating and at the intervals 
specified in paragraph (a)(1)(ii) of this section, except for periods 
of monitoring system malfunctions that occur during periods specified 
defined in Sec.  62.15995(a)(7)(i), repairs associated with monitoring 
system malfunctions, and required monitoring system quality assurance 
or quality control activities (including, as applicable, calibration 
checks and required zero and span adjustments). Any such periods that 
you do not collect data using the continuous monitoring system 
constitute a deviation from the monitoring requirements and must be 
reported in a deviation report.
    (ii) You must collect continuous parameter monitoring system data 
in accordance with Sec.  60.13(e)(2).
    (iii) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or control activities must not be 
included in calculations used to report emissions or operating levels. 
Any such periods must be reported in your annual deviation report.
    (iv) Any data collected during periods when the monitoring system 
is out of control as specified in Sec.  62.15995(a)(7)(i) must not be 
included in calculations used to report emissions or operating levels. 
Any such periods that do not coincide with a monitoring system 
malfunction, as defined in Sec.  62.16045, constitute a deviation from 
the monitoring requirements and must be reported in a deviation report.
    (v) You must use all the data collected during all periods except 
those periods specified in paragraphs (a)(1)(iii) and (iv) of this 
section in assessing the operation of the control device and associated 
control system.

[[Page 23428]]

    (vi) Record the results of each inspection, calibration and 
validation check.
    (2) Operate and maintain your continuous monitoring system 
according to your monitoring plan required under Sec.  60.4880. 
Additionally:
    (i) For carrier gas flow rate monitors (for activated carbon 
injection), during the performance test conducted pursuant to Sec.  
60.4885, you must demonstrate that the system is maintained within 
5 percent accuracy, according to the procedures in appendix 
A to part 75 of this chapter.
    (ii) For carrier gas pressure drop monitors (for activated carbon 
injection), during the performance test conducted pursuant to Sec.  
60.4885, you must demonstrate that the system is maintained within 
5 percent accuracy.
    (b) You must operate and maintain your bag leak detection system in 
continuous operation according to your monitoring plan required under 
Sec.  60.4880. Additionally:
    (1) For positive pressure fabric filter systems that do not duct 
all compartments of cells to a common stack, a bag leak detection 
system must be installed in each baghouse compartment or cell.
    (2) Where multiple bag leak detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (3) You must initiate procedures to determine the cause of every 
alarm within 8 hours of the alarm, and you must alleviate the cause of 
the alarm within 24 hours of the alarm by taking whatever corrective 
action(s) are necessary. Corrective actions may include, but are not 
limited to the following:
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media or any other condition that may cause an increase in 
particulate matter emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device.
    (iv) Sealing off a defective fabric filter compartment.
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate matter 
emissions.
    (c) You must operate and maintain the continuous parameter 
monitoring systems specified in paragraphs (a) and (b) of this section 
in continuous operation according to your monitoring plan required 
under Sec.  60.4880.
    (d) If your SSI unit has a bypass stack, you must 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.

Recordkeeping and Reporting


Sec.  62.16025  What records must I keep?

    You must maintain the items (as applicable) specified in paragraphs 
(a) through (n) of this section for a period of at least 5 years. All 
records must be available on site in either paper copy or computer-
readable format that can be printed upon request, unless an alternative 
format is approved by the Administrator.
    (a) Date. Calendar date of each record.
    (b) Increments of progress. Copies of the final control plan and 
any additional notifications, reported under Sec.  62.16030.
    (c) Operator Training. Documentation of the operator training 
procedures and records specified in paragraphs (c)(1) through (4) of 
this section. You must make available and readily accessible at the 
facility at all times for all SSI unit operators the documentation 
specified in paragraph (c)(1) of this section.
    (1) Documentation of the following operator training procedures and 
information:
    (i) Summary of the applicable standards under this subpart.
    (ii) Procedures for receiving, handling and feeding sewage sludge.
    (iii) Incinerator startup, shutdown, and malfunction preventative 
and corrective procedures.
    (iv) Procedures for maintaining proper combustion air supply 
levels.
    (v) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (vi) Monitoring procedures for demonstrating compliance with the 
incinerator operating limits.
    (vii) Reporting and recordkeeping procedures.
    (viii) Procedures for handling ash.
    (ix) A list of the materials burned during the performance test, if 
in addition to sewage sludge.
    (x) For each qualified operator and other plant personnel who may 
operate the unit according to the provisions of Sec.  62.15945(a), the 
phone and/or pager number at which they can be reached during operating 
hours.
    (2) Records showing the names of SSI unit operators and other plant 
personnel who may operate the unit according to the provisions of Sec.  
62.15945(a), as follows:
    (i) Records showing the names of SSI unit operators and other plant 
personnel who have completed review of the information in paragraph 
(c)(1) of this section as required by Sec.  62.15950(b), including the 
date of the initial review and all subsequent annual reviews.
    (ii) Records showing the names of the SSI operators who have 
completed the operator training requirements under Sec.  62.15920, met 
the criteria for qualification under Sec.  62.15930, and maintained or 
renewed their qualification under Sec.  62.15935 or Sec.  62.15940. 
Records must include documentation of training, including the dates of 
their initial qualification and all subsequent renewals of such 
qualifications.
    (3) Records showing the periods when no qualified operators were 
accessible for more than 8 hours, but less than 2 weeks, as required in 
Sec.  62.15945(a).
    (4) Records showing the periods when no qualified operators were 
accessible for 2 weeks or more along with copies of reports submitted 
as required in Sec.  62.15945(b).
    (d) Air pollution control device inspections. Records of the 
results of initial and annual air pollution control device inspections 
conducted as specified in Sec. Sec.  62.15990 and 62.16015(c), 
including any required maintenance and any repairs not completed within 
10 days of an inspection or the timeframe established by the 
Administrator.
    (e) Performance test reports. (1) The results of the initial, 
annual and any subsequent performance tests conducted to determine 
compliance with the emission limits and standards and/or to establish 
operating limits, as applicable.
    (2) Retain a copy of the complete performance test report, 
including calculations.
    (3) Keep a record of the hourly dry sludge feed rate measured 
during performance test runs as specified in Sec.  62.16015(a)(2)(i).
    (4) Keep any necessary records to demonstrate that the performance 
test was conducted under conditions representative of normal 
operations, including a record of the moisture content measured as 
required in Sec.  62.16015(a)(2)(ii) for each grab sample taken of the 
sewage sludge burned during the performance test.
    (f) Continuous monitoring data. Records of the following data, as 
applicable:
    (1) For continuous emissions monitoring systems, all 1-hour average 
concentrations of particulate matter, hydrogen chloride, carbon 
monoxide, dioxins/furans total mass basis, mercury, nitrogen oxides, 
sulfur dioxide, cadmium and lead emissions.

[[Page 23429]]

    (2) For continuous automated sampling systems, all average 
concentrations measured for mercury and dioxins/furans total mass basis 
at the frequencies specified in your monitoring plan.
    (3) For continuous parameter monitoring systems:
    (i) All 1-hour average values recorded for the following operating 
parameters, as applicable:
    (A) Combustion chamber operating temperature (or afterburner 
temperature).
    (B) If a wet scrubber is used to comply with the rule, pressure 
drop across each wet scrubber system and liquid flow rate to each wet 
scrubber used to comply with the emission limit in Table 2 or 3 to this 
subpart for particulate matter, cadmium or lead and scrubber liquid 
flow rate and scrubber liquid pH for each wet scrubber used to comply 
with an emission limit in Table 2 or 3 to this subpart for sulfur 
dioxide or hydrogen chloride.
    (C) If an electrostatic precipitator is used to comply with the 
rule, secondary voltage of the electrostatic precipitator collection 
plates and secondary amperage of the electrostatic precipitator 
collection plates and effluent water flow rate at the outlet of the wet 
electrostatic precipitator.
    (D) If activated carbon injection is used to comply with the rule, 
sorbent flow rate and carrier gas flow rate or pressure drop, as 
applicable.
    (ii) All daily average values recorded for the feed rate and 
moisture content of the sewage sludge fed to the sewage sludge 
incinerator, monitored and calculated as specified in Sec.  
62.15960(f).
    (iii) If a fabric filter is used to comply with the rule, 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.  62.16005.
    (iv) For other control devices for which you must establish 
operating limits under Sec.  62.15965, you must maintain data collected 
for all operating parameters used to determine compliance with the 
operating limits, at the frequencies specified in your monitoring plan.
    (g) Other records for continuous monitoring systems. You must keep 
the following records, as applicable:
    (1) Keep records of any notifications to the Administrator in Sec.  
60.4915(h)(1) of starting or stopping use of a continuous monitoring 
system for determining compliance with any emissions limit.
    (2) Keep records of any requests under Sec.  62.16015(b)(5) that 
compliance with the emission limits be determined using carbon dioxide 
measurements corrected to an equivalent of 7 percent oxygen.
    (3) If activated carbon injection is used to comply with the rule, 
the type of sorbent used and any changes in the type of sorbent used.
    (h) Deviation Reports. Records of any deviation reports submitted 
under Sec.  62.16030(e) and (f).
    (i) Equipment specifications and operation and maintenance 
requirements. Equipment specifications and related operation and 
maintenance requirements received from vendors for the incinerator, 
emission controls and monitoring equipment.
    (j) Inspections, calibrations and validation checks of monitoring 
devices. Records of inspections, calibration and validation checks of 
any monitoring devices as required under Sec. Sec.  62.16015 and 
62.16020.
    (k) Monitoring plan and performance evaluations for continuous 
monitoring systems. Records of the monitoring plans required under 
Sec.  62.15995, and records of performance evaluations required under 
Sec.  62.16000(b)(5).
    (l) Less frequent testing. If, consistent with Sec.  
62.16000(a)(3), you elect to conduct performance tests less frequently 
than annually, you must keep annual records that document that your 
emissions in the two previous consecutive years were at or below 75 
percent of the applicable emission limit in Table 1 or 2 to this 
subpart, and document that there were no changes in source operations 
or air pollution control equipment that would cause emissions of the 
relevant pollutant to increase within the past 2 years.
    (m) Use of bypass stack. Records indicating use of the bypass 
stack, including dates, times and durations as required under Sec.  
62.16020(d).
    (n) If a malfunction occurs, you must keep a record of the 
information submitted in your annual report in Sec.  62.16030(c)(16).


Sec.  62.16030  What reports must I submit?

    You must submit the reports to the Administrator specified in 
paragraphs (a) through (i) of this section. See Table 6 to this subpart 
for a summary of these reports.
    (a) Increments of progress report. If you plan to achieve 
compliance more than 1 year following the effective date of state plan 
approval, you must submit the following reports, as applicable:
    (1) A final control plan as specified in Sec. Sec.  62.15875(b)(1) 
and 62.15900.
    (2) You must submit your notification of achievement of increments 
of progress no later than 10 business days after the compliance date 
for the increment as specified in Sec. Sec.  62.15885 and 62.15890.
    (3) 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, as specified in Sec.  62.15895.
    (4) If you plan to close your SSI unit rather than comply with the 
Federal Plan, submit a closure notification as specified in Sec.  
62.15915.
    (b) Initial compliance report. You must submit the following 
information no later than 60 days following the initial performance 
test.
    (1) Company name, physical address and mailing address.
    (2) Statement by a responsible official, with that official's name, 
title and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report.
    (4) The complete test report for the initial performance test 
results obtained by using the test methods specified in Table 2 or 3 to 
this subpart.
    (5) If an initial performance evaluation of a continuous monitoring 
system was conducted, the results of that initial performance 
evaluation.
    (6) The values for the site-specific operating limits established 
pursuant to Sec. Sec.  62.15960 and 62.15965 and the calculations and 
methods, as applicable, used to establish each operating limit.
    (7) If you are using a fabric filter to comply with the emission 
limits, documentation that a bag leak detection system has been 
installed and is being operated, calibrated, and maintained as required 
by Sec.  62.15960(b).
    (8) The results of the initial air pollution control device 
inspection required in Sec.  62.15990, including a description of 
repairs.
    (9) The site-specific monitoring plan required under Sec.  
62.15995, at least 60 days before your initial performance evaluation 
of your continuous monitoring system.
    (10) The site-specific monitoring plan for your ash handling system 
required under Sec.  62.15995, at least 60 days before your initial 
performance test to demonstrate compliance with your fugitive ash 
emission limit.
    (c) Annual compliance report. You must submit an annual compliance 
report that includes the items listed in paragraphs (c)(1) through (16) 
of this section for the reporting period specified in paragraph (c)(3) 
of this section. You must submit your first annual compliance report no 
later than 12 months following the submission of

[[Page 23430]]

the initial compliance report in paragraph (b) of this section. You 
must submit subsequent annual compliance reports no more than 12 months 
following the previous annual compliance report. (You may be required 
to submit similar or additional compliance information more frequently 
by the title V operating permit required in Sec.  62.16035.)
    (1) Company name, physical address and mailing address.
    (2) Statement by a responsible official, with that official's name, 
title and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If a performance test was conducted during the reporting 
period, the results of that performance test.
    (i) If operating limits were established during the performance 
test, include the value for each operating limit and, as applicable, 
the method used to establish each operating limit, including 
calculations.
    (ii) If activated carbon is used during the performance test, 
include the type of activated carbon used.
    (5) For each pollutant and operating parameter recorded using a 
continuous monitoring system, the highest average value and lowest 
average value recorded during the reporting period, as follows:
    (i) For continuous emission monitoring systems and continuous 
automated sampling systems, report the highest and lowest 24-hour 
average emission value.
    (ii) For continuous parameter monitoring systems, report the 
following values:
    (A) For all operating parameters except scrubber liquid pH, the 
highest and lowest 12-hour average values.
    (B) For scrubber liquid pH, the highest and lowest 3-hour average 
values.
    (6) If there are no deviations during the reporting period from any 
emission limit, emission standard or operating limit that applies to 
you, a statement that there were no deviations from the emission 
limits, emission standard or operating limits.
    (7) Information for bag leak detection systems recorded under Sec.  
62.16025(f)(3)(iii).
    (8) If a performance evaluation of a continuous monitoring system 
was conducted, the results of that performance evaluation. If new 
operating limits were established during the performance evaluation, 
include your calculations for establishing those operating limits.
    (9) If you elect to conduct performance tests less frequently as 
allowed in Sec.  62.16000(a)(3) and did not conduct a performance test 
during the reporting period, you must include the dates of the last two 
performance tests, a comparison of the emission level you achieved in 
the last two performance tests to the 75 percent emission limit 
threshold specified in Sec.  62.16000(a)(3), and a statement as to 
whether there have been any process changes and whether the process 
change resulted in an increase in emissions.
    (10) Documentation of periods when all qualified sewage sludge 
incineration unit operators were unavailable for more than 8 hours, but 
less than 2 weeks.
    (11) Results of annual air pollution control device inspections 
recorded under Sec.  62.16025(d) for the reporting period, including a 
description of repairs.
    (12) If there were no periods during the reporting period when your 
continuous monitoring systems had a malfunction, a statement that there 
were no periods during which your continuous monitoring systems had a 
malfunction.
    (13) If there were no periods during the reporting period when a 
continuous monitoring system was out of control, a statement that there 
were no periods during which your continuous monitoring systems were 
out of control.
    (14) If there were no operator training deviations, a statement 
that there were no such deviations during the reporting period.
    (15) If you did not make revisions to your site-specific monitoring 
plan during the reporting period, a statement that you did not make any 
revisions to your site-specific monitoring plan during the reporting 
period. If you made revisions to your site-specific monitoring plan 
during the reporting period, a copy of the revised plan.
    (16) 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.
    (d) Deviation reports. (1) You must submit a deviation report if:
    (i) Any recorded operating parameter level, based on the averaging 
time specified in Table 4 to this subpart, is above the maximum 
operating limit or below the minimum operating limit established under 
this subpart.
    (ii) The bag leak detection system alarm sounds for more than 5 
percent of the operating time for the 6-month reporting period.
    (iii) Any recorded 24-hour block average emissions level is above 
the emission limit, if a continuous monitoring system is used to comply 
with an emission limit.
    (iv) There are visible emissions of combustion ash from an ash 
conveying system for more than 5 percent of any compliance test hourly 
observation period.
    (v) A performance test was conducted that deviated from any 
emission limit in Table 2 or 3 to this subpart.
    (vi) A continuous monitoring system was out of control.
    (vii) You had a malfunction (e.g., continuous monitoring system 
malfunction) that caused or may have caused any applicable emission 
limit to be exceeded.
    (2) 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).
    (3) For each deviation where you are using a continuous monitoring 
system to comply with an associated emission limit or operating limit, 
report the items described in paragraphs (d)(3)(i) through (viii) of 
this section.
    (i) Company name, physical address and mailing address.
    (ii) Statement by a responsible official, with that official's 
name, title and signature, certifying the accuracy of the content of 
the report.
    (iii) The calendar dates and times your unit deviated from the 
emission limits, emission standards or operating limits requirements.
    (iv) The averaged and recorded data for those dates.
    (v) Duration and cause of each deviation from the following:
    (A) Emission limits, emission standards, operating limits and your 
corrective actions.
    (B) Bypass events and your corrective actions.
    (vi) Dates, times and causes for monitor downtime incidents.
    (vii) A copy of the operating parameter monitoring data during each 
deviation and any test report that documents the emission levels.
    (viii) If there were periods during which the continuous monitoring 
system malfunctioned or was out of control, you must include the 
following

[[Page 23431]]

information for each deviation from an emission limit or operating 
limit:
    (A) The date and time that each malfunction started and stopped.
    (B) The date, time and duration that each continuous monitoring 
system was inoperative, except for zero (low-level) and high-level 
checks.
    (C) 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.
    (D) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction, during 
a period when the system as out of control or during another period.
    (E) 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.
    (F) 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.
    (G) 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 SSI unit at which the continuous monitoring 
system downtime occurred during that reporting period.
    (H) An identification of each parameter and pollutant that was 
monitored at the SSI unit.
    (I) A brief description of the SSI unit.
    (J) A brief description of the continuous monitoring system.
    (K) The date of the latest continuous monitoring system 
certification or audit.
    (L) A description of any changes in continuous monitoring system, 
processes, or controls since the last reporting period.
    (4) For each deviation where you are not using a continuous 
monitoring system to comply with the associated emission limit or 
operating limit, report the following items:
    (i) Company name, physical address and mailing address.
    (ii) Statement by a responsible official, with that official's 
name, title and signature, certifying the accuracy of the content of 
the report.
    (iii) The total operating time of each affected source during the 
reporting period.
    (iv) The calendar dates and times your unit deviated from the 
emission limits, emission standards or operating limits requirements.
    (v) The averaged and recorded data for those dates.
    (vi) Duration and cause of each deviation from the following:
    (A) Emission limits, emission standards, operating limits and your 
corrective actions.
    (B) Bypass events and your corrective actions.
    (vii) A copy of any performance test report that showed a deviation 
from the emission limits or standards.
    (viii) A brief description of any malfunction reported in paragraph 
(d)(1)(vii) of this section, including a description of actions taken 
during the malfunction to minimize emissions in accordance with Sec.  
60.11(d) and to correct the malfunction.
    (e) Qualified operator deviation. (1) If all qualified operators 
are not accessible for 2 weeks or more, you must take the two actions 
in paragraphs (e)(1)(i) and (ii) of this section.
    (i) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (e)(1)(i)(A) through(C) of this 
section.
    (A) A statement of what caused the deviation.
    (B) A description of actions taken to ensure that a qualified 
operator is accessible.
    (C) The date when you anticipate that a qualified operator will be 
available.
    (ii) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (e)(1)(ii)(A) through (C) of 
this section.
    (A) A description of actions taken to ensure that a qualified 
operator is accessible.
    (B) The date when you anticipate that a qualified operator will be 
accessible.
    (C) Request for approval from the Administrator to continue 
operation of the SSI unit.
    (2) If your unit was shut down by the Administrator, under the 
provisions of Sec.  62.15945(b)(2)(i), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator within 
five days of meeting Sec.  62.15945(b)(2)(ii) that you are resuming 
operation.
    (f) Notification of a force majeure. If a force majeure is about to 
occur, occurs, or has occurred for which you intend to assert a claim 
of force majeure:
    (1) You must notify the Administrator, in writing as soon as 
practicable following the date you first knew, or through due 
diligence, should have known that the event may cause or caused a delay 
in conducting a performance test beyond the regulatory deadline, but 
the notification must occur before the performance test deadline unless 
the initial force majeure or a subsequent force majeure event delays 
the notice, and in such cases, the notification must occur as soon as 
practicable.
    (2) You must provide to the Administrator a written description of 
the force majeure event and a rationale for attributing the delay in 
conducting the performance test beyond the regulatory deadline to the 
force majeure; describe the measures taken or to be taken to minimize 
the delay; and identify a date by which you propose to conduct the 
performance test.
    (g) Other notifications and reports required. You must submit other 
notifications as provided by Sec.  60.7 and as follows:
    (1) You must notify the Administrator 1 month before starting or 
stopping use of a continuous monitoring system for determining 
compliance with any emission limit.
    (2) You must notify the Administrator at least 30 days prior to any 
performance test conducted to comply with the provisions of this 
subpart, to afford the Administrator the opportunity to have an 
observer present.
    (3) As specified in Sec.  62.16015(a)(8), you must notify the 
Administrator at least 7 days prior to the date of a rescheduled 
performance test for which notification was previously made in 
paragraph (g)(2) of this section.
    (h) Report submission form. (1) Submit initial, annual and 
deviation reports electronically or in paper format, postmarked on or 
before the submittal due dates.
    (2) Submit performance tests and evaluations according to 
paragraphs (i) and (ii) below.
    (i) Within 60 days after the date of completing each performance 
test (see Sec.  60.8) required by this subpart, you must submit the 
results of the performance test according to the method specified by 
either paragraph (A) or (B) of this section.
    (A) 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), you must submit the 
results of the performance test to the Compliance and Emissions Data 
Reporting Interface (CEDRI) that is accessed through the EPA's Central 
Data Exchange (CDX) (http://cdx.epa.gov/epa_home.asp), unless the 
Administrator approves another approach. Performance test data must be 
submitted in a file format generated through the use of the EPA's ERT. 
If you claim that some of the performance test information being 
transmitted is confidential business information (CBI),

[[Page 23432]]

you must submit a complete file generated through the use of the EPA's 
ERT, including information claimed to be CBI, on a compact disk, 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 Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT 
file with the CBI omitted must be submitted to the EPA via CDX as 
described earlier in this paragraph.
    (B) For any performance tests conducted using test methods that are 
not supported by the EPA's ERT as listed on the EPA's ERT Web site, you 
must submit the results of the performance test to the Administrator at 
the appropriate address listed in Sec.  60.4.
    (ii) Within 60 days after the date of completing each CEMS 
performance evaluation (as defined in Sec.  63.2), you must submit the 
results of the performance evaluation according to the method specified 
by either paragraph (A) or (B) of this section.
    (A) For data collection of relative accuracy test audit (RATA) 
pollutants that are supported by the EPA's ERT as listed on the EPA's 
ERT Web site, you must submit the results of the performance evaluation 
to the CEDRI that is accessed through the EPA's CDX, unless the 
Administrator approves another approach. Performance evaluation data 
must be submitted in a file format generated through the use of the 
EPA's ERT. If you claim that some of the performance evaluation 
information being transmitted is CBI, you must submit a complete file 
generated through the use of the EPA's ERT, including information 
claimed to be CBI, on a compact disk or other commonly used electronic 
storage media (including, but not limited to, flash drives) by 
registered letter to the EPA. The compact disk shall be clearly marked 
as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., 
Durham, NC 27703. The same ERT file with the CBI omitted must be 
submitted to the EPA via CDX as described earlier in this paragraph.
    (B) For any performance evaluations with RATA pollutants that are 
not supported by the EPA's ERT as listed on the EPA's ERT Web site, you 
shall submit the results of the performance evaluation to the 
Administrator at the appropriate address listed in Sec.  60.4.
    (3) Changing report dates. 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.  62.16035  Am I required to apply for and obtain a Title V 
operating permit for my existing SSI unit?

    Yes, if you are subject to an applicable EPA-approved and effective 
CAA section 111(d)/129 state or tribal plan or an applicable and 
effective Federal Plan, you are required to apply for and obtain a 
Title V operating permit for your existing SSI unit unless you meet the 
relevant requirements for an exemption specified in Sec.  62.15860.


Sec.  62.16040  When must I submit a Title V permit application for my 
existing SSI unit?

    (a) If your existing SSI unit is not subject to an earlier permit 
application deadline, a complete title V permit application must be 
submitted on or before the earlier of the dates specified in paragraphs 
(a)(1) through (3) of this section. (See sections 129(e), 503(c), 
503(d), and 502(a) of the Clean Air Act and 40 CFR 70.5(a)(1)(i) and 40 
CFR 71.5(a)(1)(i)).
    (1) 12 months after the effective date of any applicable EPA-
approved Clean Air Act section 111(d)/129 state or tribal plan.
    (2) 12 months after the effective date of any applicable Federal 
Plan.
    (3) March 21, 2014.
    (b) For any existing unit not subject to an earlier permit 
application deadline, the application deadline of 36 months after the 
promulgation of 40 CFR part 60, subpart MMMM applies regardless of 
whether or when any applicable Federal Plan is effective, or whether or 
when any applicable Clean Air Act section 111(d)/129 state or tribal 
plan is approved by the EPA and becomes effective.
    (c) If your existing unit is subject to title V as a result of some 
triggering requirement(s) other than those specified in paragraphs (a) 
and (b) of this section (for example, a unit may be a major source or 
part of a major source), then your unit may be required to apply for a 
title V permit prior to the deadlines specified in paragraphs (a) and 
(b). If more than one requirement triggers a source's obligation to 
apply for a title V permit, the 12-month time frame for filing a title 
V permit application is triggered by the requirement which first causes 
the source to be subject to title V. (See section 503(c) of the Clean 
Air Act and 40 CFR 70.3(a) and (b), 40 CFR 70.5(a)(1)(i), 40 CFR 
71.3(a) and (b), and 40 CFR 71.5(a)(1)(i).)
    (d) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority 
under section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 40 
CFR 71.5(a)(2). You must submit a complete permit application by the 
relevant application deadline in order to operate after this date in 
compliance with federal law. (See sections 503(d) and 502(a) of the 
Clean Air Act and 40 CFR 70.7(b) and 40 CFR 71.7(b).)

Definitions


Sec.  62.16045  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and Sec.  60.2.
    Administrator means:
    (1) For units covered by the Federal Plan, the Administrator of the 
EPA or his/her authorized representative (e.g. delegated authority).
    (2) For units covered by an approved state plan, the director of 
the state air pollution control agency or his/her authorized 
representative.
    Affected source means a sewage sludge incineration unit as defined 
in Sec.  62.16045.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which 
are independently and objectively evaluated in a judicial or 
administrative proceeding.
    Auxiliary fuel means natural gas, liquefied petroleum gas, fuel oil 
or diesel fuel.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric 
filter (i.e., baghouse) in order to detect bag failures. A bag leak 
detection system includes, but is not limited to, an instrument that 
operates on triboelectric, light scattering, light transmittance or 
other principle to monitor relative particulate matter loadings.
    Bypass stack means a device used for discharging combustion gases 
to avoid severe damage to the air pollution control device or other 
equipment.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Continuous automated sampling system means the total equipment and 
procedures for automated sample collection and sample recovery/analysis 
to determine a pollutant concentration or emission rate by collecting a 
single integrated sample(s) or multiple integrated sample(s) of the 
pollutant (or

[[Page 23433]]

diluent gas) for subsequent on- or off-site analysis; integrated 
sample(s) collected are representative of the emissions for the sample 
time as specified by the applicable requirement.
    Continuous emissions monitoring system means a monitoring system 
for continuously measuring and recording the emissions of a pollutant 
from an affected facility.
    Continuous monitoring system (CMS) means a continuous emissions 
monitoring system, continuous automated sampling system, continuous 
parameter monitoring system or other manual or automatic monitoring 
that is used for demonstrating compliance with an applicable regulation 
on a continuous basis as defined by this subpart. The term refers to 
the total equipment used to sample and condition (if applicable), to 
analyze and to provide a permanent record of emissions or process 
parameters.
    Continuous parameter monitoring system means a monitoring system 
for continuously measuring and recording operating conditions 
associated with air pollution control device systems (e.g., operating 
temperature, pressure and power).
    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 limit, 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.
    Electrostatic precipitator or wet electrostatic precipitator means 
an air pollution control device that uses both electrical forces and, 
if applicable, water to remove pollutants in the exit gas from a sewage 
sludge incinerator stack.
    Existing sewage sludge incineration unit means a sewage sludge 
incineration unit the construction of which is commenced on or before 
October 14, 2010.
    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.
    Fluidized bed incinerator means an enclosed device in which organic 
matter and inorganic matter in sewage sludge are combusted in a bed of 
particles suspended in the combustion chamber gas.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control and monitoring equipment, 
process equipment or a process to operate in a normal or usual manner. 
Failures that are caused, in part, by poor maintenance or careless 
operation are not malfunctions.
    Modification means a change to an existing SSI unit later than 
September 21, 2011 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 
SSI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the SSI unit used to calculate these costs, see the definition of SSI 
unit.
    (2) Any physical change in the SSI 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.
    Modified sewage sludge incineration unit means an existing SSI unit 
that undergoes a modification, as defined in this section.
    Multiple hearth incinerator means a circular steel furnace that 
contains a number of solid refractory hearths and a central rotating 
shaft; rabble arms that are designed to slowly rake the sludge on the 
hearth are attached to the rotating shaft. Dewatered sludge enters at 
the top and proceeds downward through the furnace from hearth to 
hearth, pushed along by the rabble arms.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of sewage sludge is 
combusted at any time in the SSI unit.
    Particulate matter means filterable particulate matter emitted from 
SSI units as measured by Method 5 at 40 CFR part 60, appendix A-3 or 
Methods 26A or 29 at 40 CFR part 60, appendix A-8.
    Power input to the electrostatic precipitator means the product of 
the test-run average secondary voltage and the test-run average 
secondary amperage to the electrostatic precipitator collection plates.
    Process change means a significant permit revision, but only with 
respect to those pollutant-specific emission units for which the 
proposed permit revision is applicable, including but not limited to:
    (1) A change in the process employed at the wastewater treatment 
facility associated with the affected SSI unit (e.g., the addition of 
tertiary treatment at the facility, which changes the method used for 
disposing of process solids and processing of the sludge prior to 
incineration).
    (2) A change in the air pollution control devices used to comply 
with the emission limits for the affected SSI unit (e.g., change in the 
sorbent used for activated carbon injection).
    Sewage sludge means solid, semi-solid, or liquid residue generated 
during the treatment of domestic sewage in a treatment works. Sewage 
sludge includes, but is not limited to, domestic septage; scum or 
solids removed in primary, secondary or advanced wastewater treatment 
processes; and a material derived from sewage sludge. Sewage sludge 
does not include ash generated during the firing of sewage sludge in a 
sewage sludge incineration unit or grit and screenings generated during 
preliminary treatment of domestic sewage in a treatment works.
    Sewage sludge feed rate means the rate at which sewage sludge is 
fed into the incinerator unit.
    Sewage sludge incineration (SSI) unit means an incineration unit 
combusting sewage sludge for the purpose of reducing the volume of the 
sewage sludge by removing combustible matter. Sewage sludge 
incineration unit designs include fluidized bed and multiple hearth. AN 
SSI unit also includes, but is not limited to, the sewage sludge feed 
system, auxiliary fuel feed system, grate system, flue gas system, 
waste heat recovery equipment, if any, and bottom ash system. The SSI 
unit includes all ash handling systems connected to the bottom ash 
handling system. The combustion unit bottom ash system ends at the 
truck loading station or similar equipment that transfers the ash to 
final disposal. The SSI unit does not include air pollution control 
equipment or the stack.
    Shutdown means the period of time after all sewage sludge has been 
combusted in the primary chamber.
    Solid waste means any garbage, refuse, sewage sludge from a waste 
treatment plant, water supply treatment plant or air pollution control 
facility and other discarded material, including solid, liquid, 
semisolid or contained gaseous material resulting from industrial, 
commercial, mining, agricultural operations and from community 
activities, but does not include solid or dissolved material in 
domestic sewage, or solid or dissolved materials in irrigation return 
flows or industrial discharges which are point

[[Page 23434]]

sources subject to permits under section 402 of the Federal Water 
Pollution Control Act, as amended (33 U.S.C. 1342), or source, special 
nuclear, or byproduct material as defined by the Atomic Energy Act of 
1954, as amended (42 U.S.C. 2014).
    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 means the period of time between the activation, including 
the firing of fuels (e.g., natural gas or distillate oil), of the 
system and the first feed to the unit.
    Toxic equivalency means the product of the concentration of an 
individual dioxin isomer in an environmental mixture and the 
corresponding estimate of the compound-specific toxicity relative to 
tetrachlorinated dibenzo-p-dioxin, referred to as the toxic equivalency 
factor for that compound. Table 5 to this subpart lists the toxic 
equivalency factors.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquid to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    You means the owner or operator of an affected SSI unit.

Delegation of Authority


Sec.  62.16050  What authorities will be retained by the EPA 
Administrator?

    The authorities that will not be delegated to state, local, or 
tribal agencies are specified in paragraphs (a) through (g) of this 
section.
    (a) Approval of alternatives to the emission limits and standards 
in Tables 2 and 3 to this subpart and operating limits established 
under Sec.  62.15965 or Sec.  62.15985.
    (b) Approval of major alternatives to test methods.
    (c) Approval of major alternatives to monitoring.
    (d) Approval of major alternatives to recordkeeping and reporting.
    (e) The requirements in Sec.  62.15965.
    (f) The requirements in Sec.  62.15945(b)(2).
    (g) Performance test and data reduction waivers under Sec.  
60.8(b).

Table 1 to Subpart LLL of Part 62--Increments of Progress and Compliance
         Schedules for Existing Sewage Sludge Incineration Units
------------------------------------------------------------------------
  Comply with these increments of
             progress                          By these dates
------------------------------------------------------------------------
Increment 1--Submit final control   [DATE 3 MONTHS FROM DATE OF
 plan.                               PUBLICATION OF THE FINAL RULE IN
                                     THE FEDERAL REGISTER].
Increment 2--Final compliance.....  March 21, 2016.
------------------------------------------------------------------------


    Table 2 to Subpart LLL of Part 62--Emission Limits and Standards for Existing Fluidized Bed Sewage Sludge
                                               Incineration Units
----------------------------------------------------------------------------------------------------------------
                                                                Using these averaging
                                       You must meet this       methods  and minimum         And determining
      For the air pollutant            emission limit \a\       sampling volumes  or     compliance  using this
                                                                      durations                  method
----------------------------------------------------------------------------------------------------------------
Particulate matter...............  18 milligrams per dry      3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   5 at 40 CFR part 60,
                                                               standard cubic meters     appendix A-3; Method
                                                               sample per run).          26A or Method 29 at 40
                                                                                         CFR part 60, appendix A-
                                                                                         8).
Hydrogen chloride................  0.51 parts per million by  3-run average (Collect a  Performance test (Method
                                    dry volume.                minimum volume of 1 dry   26A at 40 CFR part 60,
                                                               standard cubic meters     appendix A-8).
                                                               per run).
Carbon monoxide..................  64 parts per million by    3-run average (collect    Performance test (Method
                                    dry volume.                sample for a minimum      10, 10A, or 10B at 40
                                                               duration of one hour      CFR part 60, appendix A-
                                                               per run).                 4).
Dioxins/furans (total mass         1.2 nanograms per dry      3-run average (collect a  Performance test (Method
 basis); or                         standard cubic meter       minimum volume of 1 dry   23 at 40 CFR part 60,
Dioxins/furans (toxic equivalency   (total mass basis); or     standard cubic meters     appendix A-7).
 basis).\b\.                       0.10 nanograms per dry      per run).
                                    standard cubic meter
                                    (toxic equivalency
                                    basis).
Mercury..........................  0.037 milligrams per dry   3-run average (For        Performance test (Method
                                    standard cubic meter.      Method 29 and ASTM        29 at 40 CFR part 60,
                                                               D6784-02 (Reapproved      appendix A-8; Method
                                                               2008),\c\ collect a       30B at 40 CFR part 60,
                                                               minimum volume of 1 dry   appendix A-8; or ASTM
                                                               standard cubic meters     D6784-02 (Reapproved
                                                               per run. For Method       2008).\c\
                                                               30B, collect a minimum
                                                               sample as specified in
                                                               Method 30B at 40 CFR
                                                               part 60, appendix A-8).
Oxides of nitrogen...............  150 parts per million by   3-run average (Collect    Performance test (Method
                                    dry volume.                sample for a minimum      7 or 7E at 40 CFR part
                                                               duration of one hour      60, appendix A-4).
                                                               per run).
Sulfur dioxide...................  15 parts per million by    3-run average (For        Performance test (Method
                                    dry volume.                Method 6, collect a       6 or 6C at 40 CFR part
                                                               minimum volume of 60      40, appendix A-4; or
                                                               liters per run. For       ANSI/ASME PTC-19.10-
                                                               Method 6C, collect        1981.\c\
                                                               sample for a minimum
                                                               duration of one hour
                                                               per run).

[[Page 23435]]

 
Cadmium..........................  0.0016 milligrams per dry  3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   29 at 40 CFR part 60,
                                                               standard cubic meters     appendix A-8). Use
                                                               per run).                 GFAAS or ICP/MS for the
                                                                                         analytical finish.
Lead.............................  0.0074 milligrams per dry  3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   29 at 40 CFR part 60,
                                                               standard cubic meters     appendix A-8. Use GFAAS
                                                               sample per run).          or ICP/MS for the
                                                                                         analytical finish.
Fugitive emissions from ash        Visible emissions of       Three 1-hour observation  Visible emission test
 handling.                          combustion ash from an     periods.                  (Method 22 of appendix
                                    ash conveying system                                 A-7 of this part).
                                    (including conveyor
                                    transfer points) for no
                                    more than 5 percent of
                                    any compliance test
                                    hourly observation
                                    period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits are measured at 7 percent oxygen, dry basis at standard conditions.
\b\ You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the
  dioxin/furan emission limit on a toxic equivalency basis.
\c\ Incorporated by reference, see Sec.   60.17.


   Table 3 to Subpart LLL of Part 62--Emission Limits and Standards for Existing Multiple Hearth Sewage Sludge
                                               Incineration Units
----------------------------------------------------------------------------------------------------------------
                                                                Using these averaging
                                       You must meet this       methods  and minimum         And determining
      For the air pollutant            emission limit \a\       sampling volumes  or      compliance using this
                                                                      durations                  method
----------------------------------------------------------------------------------------------------------------
Particulate matter...............  80 milligrams per dry      3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 0.75    5 at 40 CFR part 60,
                                                               dry standard cubic        appendix A-3; Method
                                                               meters per run).          26A or Method 29 at 40
                                                                                         CFR part 60, appendix A-
                                                                                         8).
Hydrogen chloride................  1.2 parts per million by   3-run average (For        Performance test (Method
                                    dry volume.                Method 26, collect a      26 or 26A at 40 CFR
                                                               minimum volume of 200     part 60, appendix A-8).
                                                               liters per run. For
                                                               Method 26A, collect a
                                                               minimum volume of 1 dry
                                                               standard cubic meters
                                                               per run).
Carbon monoxide..................  3,800 parts per million    3-run average (collect    Performance test (Method
                                    by dry volume.             sample for a minimum      10, 10A, or 10B at 40
                                                               duration of one hour      CFR part 60, appendix A-
                                                               per run).                 4).
Dioxins/furans (total mass basis)  5.0 nanograms per dry      3-run average (collect a  Performance test (Method
Dioxins/furans (toxic equivalency   standard cubic meter; or.  minimum volume of 1 dry   23 at 40 CFR part 60,
 basis).\b\.                       0.32 nanograms per dry      standard cubic meters     appendix A-7).
                                    standard cubic meter.      per run).
Mercury..........................  0.28 milligrams per dry    3-run average (For        Performance test (Method
                                    standard cubic meter.      Method 29 and ASTM        29 at 40 CFR part 60,
                                                               D6784-02 (Reapproved      appendix A-8; Method
                                                               2008),\c\ collect a       30B at 40 CFR part 60,
                                                               minimum volume of 1 dry   appendix A-8; or ASTM
                                                               standard cubic meters     D6784-02 (Reapproved
                                                               per run. For Method       2008).\c\
                                                               30B, collect a minimum
                                                               sample as specified in
                                                               Method 30B at 40 CFR
                                                               part 60, appendix A-8).
Oxides of nitrogen...............  220 parts per million by   3-run average (Collect    Performance test (Method
                                    dry volume.                sample for a minimum      7 or 7E at 40 CFR part
                                                               duration of one hour      60, appendix A-4).
                                                               per run).
Sulfur dioxide...................  26 parts per million by    3-run average (For        Performance test (Method
                                    dry volume.                Method 6, collect a       6 or 6C at 40 CFR part
                                                               minimum volume of 200     40, appendix A-4; or
                                                               liters per run. For       ANSI/ASME PTC 19.10-
                                                               Method 6C, collect        1981.\c\
                                                               sample for a minimum
                                                               duration of one hour
                                                               per run).
Cadmium..........................  0.095 milligrams per dry   3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   29 at 40 CFR part 60,
                                                               standard cubic meters     appendix A-8).
                                                               per run).
Lead.............................  0.30 milligrams per dry    3-run average (collect a  Performance test (Method
                                    standard cubic meter.      minimum volume of 1 dry   29 at 40 CFR part 60,
                                                               standard cubic meters     appendix A-8.
                                                               per run).

[[Page 23436]]

 
Fugitive emissions from ash        Visible emissions of       Three 1-hour observation  Visible emission test
 handling.                          combustion ash from an     periods.                  (Method 22 of appendix
                                    ash conveying system                                 A-7 of this part).
                                    (including conveyor
                                    transfer points) for no
                                    more than 5 percent of
                                    any compliance test
                                    hourly observation
                                    period.
----------------------------------------------------------------------------------------------------------------
\a\ All emission limits are measured at 7 percent oxygen, dry basis at standard conditions.
\b\ You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the
  dioxin/furan emission limit on a toxic equivalency basis.
\c\ Incorporated by reference, see Sec.   60.17.


     Table 4 to Subpart LLL of Part 62--Operating Parameters for Existing Sewage Sludge Incineration Units a
----------------------------------------------------------------------------------------------------------------
                                                              And monitor using these minimum frequencies
                                  You must establish -----------------------------------------------------------
 For these operating parameters    these operating                                               Data averaging
                                        limits          Data measurement   Data recording \b\      period for
                                                                                                   compliance
----------------------------------------------------------------------------------------------------------------
                                      All sewage sludge incineration units
----------------------------------------------------------------------------------------------------------------
Combustion chamber operating     Minimum combustion   Continuous.........  Every 15 minutes..  12-hour block.
 temperature (not required if     chamber operating
 afterburner temperature is       temperature or
 monitored).                      afterburner
                                  temperature.
Fugitive emissions from ash      Site-specific        Not applicable.....  No applicable.....  Not applicable.
 handling.                        operating
                                  requirements.
----------------------------------------------------------------------------------------------------------------
                                                    Scrubber
----------------------------------------------------------------------------------------------------------------
Pressure drop across each wet    Minimum pressure     Continuous.........  Every 15 minutes..  12-hour block.
 scrubber.                        drop.
Scrubber liquid flow rate......  Minimum flow rate..  Continuous.........  Every 15 minutes..  12-hour block.
Scrubber liquid pH.............  Minimum pH.........  Continuous.........  Every 15 minutes..  3-hour block.
----------------------------------------------------------------------------------------------------------------
                                                  Fabric Filter
----------------------------------------------------------------------------------------------------------------
Alarm time of the bag leak       Maximum alarm time
 detection system alarm.          of the bag leak
                                  detection system
                                  alarm (this
                                  operating limit is
                                  provided in Sec.
                                  60.4850 and is not
                                  established on a
                                  site-specific
                                  basis).
----------------------------------------------------------------------------------------------------------------
                                           Electrostatic precipitator
----------------------------------------------------------------------------------------------------------------
Secondary voltage of the         Minimum power input  Continuous.........  Hourly............  12-hour block.
 electrostatic precipitator       to the
 collection plates.               electrostatic
Secondary amperage of the         precipitator
 electrostatic precipitator       collection plates.
 collection plates.
Effluent water flow rate at the  Minimum effluent     Hourly.............  Hourly............  12-hour block.
 outlet of the electrostatic      water flow rate at
 precipitator.                    the outlet of the
                                  electrostatic
                                  precipitator.
----------------------------------------------------------------------------------------------------------------
                                           Activated carbon injection
----------------------------------------------------------------------------------------------------------------
Mercury sorbent injection rate.  Minimum mercury      Hourly.............  Hourly............  12-hour block.
                                  sorbent injection
                                  rate.
Dioxin/furan sorbent injection   Minimum dioxin/
 rate.                            furan sorbent
                                  injection rate.
Carrier gas flow rate or         Minimum carrier gas  Continuous.........  Every 15 minutes..  12-hour block.
 carrier gas pressure drop.       flow rate or
                                  minimum carrier
                                  gas pressure drop.
----------------------------------------------------------------------------------------------------------------
                                                   Afterburner
----------------------------------------------------------------------------------------------------------------
Temperature of the afterburner   Minimum temperature  Continuous.........  Every 15 minutes..  12-hour block.
 combustion chamber.              of the afterburner
                                  combustion chamber.
----------------------------------------------------------------------------------------------------------------
a As specified in Sec.   62.15985, you may use a continuous emissions monitoring system or continuous automated
  sampling system in lieu of establishing certain operating limits.
b This recording time refers to the minimum frequency that the continuous monitor or other measuring device
  initially records data. For all data recorded every 15 minutes, you must calculate hourly arithmetic averages.
  For all parameters, you use hourly averages to calculate the 12-hour or 3-hour block average specified in this
  table for demonstrating compliance. You maintain records of 1-hour averages.


[[Page 23437]]


      Table 5 to Subpart LLL of Part 62--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                               Toxic
                   Dioxin/Furan isomer                      equivalency
                                                               factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin................         1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin..............         1
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.........................         0.0003
2,3,7,8-tetrachlorinated dibenzofuran....................         0.1
2,3,4,7,8-pentachlorinated dibenzofuran..................         0.3
1,2,3,7,8-pentachlorinated dibenzofuran..................         0.03
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.............................         0.0003
------------------------------------------------------------------------


                  Table 6 to Subpart LLL of Part 62--Summary of Reporting Requirements for Existing Sewage Sludge Incineration Units a
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Report                                 Due date                               Contents                             Reference
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increments of progress report.........  No later than 10 business days after   1. Final control plan including air    Sec.   62.16030(a).
                                         the compliance date for the            pollution control device
                                         increment.                             descriptions, process changes, type
                                                                                of waste to be burned, and the
                                                                                maximum design sewage sludge burning
                                                                                capacity.
                                                                               2. Notification of any failure to
                                                                                meet an increment of progress.
                                                                               3. Notification of any closure.......
Initial compliance report.............  No later than 60 days following the    1. Company name and address..........  Sec.   62.16030(b).
                                         initial performance test.             2. Statement by a responsible
                                                                                official, with that official's name,
                                                                                title, and signature, certifying the
                                                                                accuracy of the content of the
                                                                                report.
                                                                               3. Date of report....................
                                                                               4. Complete test report for the
                                                                                initial performance test.
                                                                               5. Results of CMS \b\ performance
                                                                                evaluation.
                                                                               6. The values for the site-specific
                                                                                operating limits and the
                                                                                calculations and methods used to
                                                                                establish each operating limit.
                                                                               7. Documentation of installation of
                                                                                bag leak detection system for fabric
                                                                                filter.
                                                                               8. Results of initial air pollution
                                                                                control device inspection, including
                                                                                a description of repairs.
                                                                               9. The site-specific monitoring plan
                                                                                required under Sec.   62.15995.
                                                                               10. The site-specific monitoring plan
                                                                                for your ash handling system
                                                                                required under Sec.   62.15995.
Annual compliance report..............  No later than 12 months following the  1. Company name and address.           Sec.   62.16030(c)
                                         submission of the initial compliance  2. Statement and signature by
                                         report; subsequent reports are to be   responsible official.
                                         submitted no more than 12 months      3. Date and beginning and ending
                                         following the previous report.         dates of report.
                                                                               4. If a performance test was
                                                                                conducted during the reporting
                                                                                period, the results of the test,
                                                                                including any new operating limits
                                                                                and associated calculations and the
                                                                                type of activated carbon used, if
                                                                                applicable.

[[Page 23438]]

 
                                                                               5. For each pollutant and operating
                                                                                parameter recorded using a CMS, the
                                                                                highest recorded 3-hour average and
                                                                                the lowest recorded 3-hour average,
                                                                                as applicable.
                                                                               6. If no deviations from emission
                                                                                limits, emission standards, or
                                                                                operating limits occurred, a
                                                                                statement that no deviations
                                                                                occurred.
                                                                               7. If a fabric filter is used, the
                                                                                date, time, and duration of alarms..
                                                                               8. If a performance evaluation of a
                                                                                CMS was conducted, the results,
                                                                                including any new operating limits
                                                                                and their associated calculations.
                                                                               9. If you met the requirements of
                                                                                Sec.   62.16000(a)(3) and did not
                                                                                conduct a performance test, include
                                                                                the dates of the last three
                                                                                performance tests, a comparison to
                                                                                the 50 percent emission limit
                                                                                threshold of the emission level
                                                                                achieved in the last three
                                                                                performance tests, and a statement
                                                                                as to whether there have been any
                                                                                process changes.
                                                                               10. Documentation of periods when all
                                                                                qualified SSI unit operators were
                                                                                unavailable for more than 8 hours
                                                                                but less than 2 weeks.
                                                                               11. Results of annual pollutions
                                                                                control device inspections,
                                                                                including description of repairs.
                                                                               12. If there were no periods during
                                                                                which your CMSs had malfunctions, a
                                                                                statement that there were no periods
                                                                                during which your CMSs had
                                                                                malfunctions.
                                                                               13. If there were no periods during
                                                                                which your CMSs were out of control,
                                                                                a statement that there were no
                                                                                periods during which your CMSs were
                                                                                out of control.
                                                                               14. If there were no operator
                                                                                training deviations, a statement
                                                                                that there were no such deviations.
                                                                               15. Information on monitoring plan
                                                                                revisions, including a copy of any
                                                                                revised monitoring plan.
Deviation report (deviations from       By August 1 of a calendar year for     If using a CMS:                        Sec.   62.16030(d).
 emission limits, emission standards,    data collected during the first half  1. Company name and address..........
 or operating limits, as specified in    of the calendar year; by February 1   2. Statement by a responsible
 Sec.   62.16030(e)(1)).                 of a calendar year for data            official..
                                         collected during the second half of   3. The calendar dates and times your
                                         the calendar year.                     unit deviated from the emission
                                                                                limits or operating limits.
                                                                               4. The averaged and recorded data for
                                                                                those dates.
                                                                               5. Duration and cause of each
                                                                                deviation.
                                                                               6. Dates, times, and causes for
                                                                                monitor downtime incidents.
                                                                               7. A copy of the operating parameter
                                                                                monitoring data during each
                                                                                deviation and any test report that
                                                                                documents the emission levels.
                                                                               8. For periods of CMS malfunction or
                                                                                when a CMS was out of control, you
                                                                                must include the information
                                                                                specified in Sec.
                                                                                62.16030(d)(3)(viii).
                                                                               If not using a CMS:..................
                                                                               1. Company name and address..........
                                                                               2. Statement by a responsible
                                                                                official.
                                                                               3. The total operating time of each
                                                                                affected SSI.

[[Page 23439]]

 
                                                                               4. The calendar dates and times your
                                                                                unit deviated from the emission
                                                                                limits, emission standard, or
                                                                                operating limits.
                                                                               5. The averaged and recorded data for
                                                                                those dates.
                                                                               6. Duration and cause of each
                                                                                deviation.
                                                                               7. A copy of any performance test
                                                                                report that showed a deviation from
                                                                                the emission limits or standards.
                                                                               8. A brief description of any
                                                                                malfunction, a description of
                                                                                actions taken during the malfunction
                                                                                to minimize emissions, and
                                                                                corrective action taken.
Notification of qualified operator      Within 10 days of deviation..........  1. Statement of cause of deviation...  Sec.   62.16030(e).
 deviation (if all qualified operators                                         2. Description of actions taken to
 are not accessible for 2 weeks or                                              ensure that a qualified operator
 more).                                                                         will be available.
                                                                               3. The date when a qualified operator
                                                                                will be accessible.
Notification of status of qualified     Every 4 weeks following notification   1. Description of actions taken to     Sec.   62.16030(e).
 operator deviation.                     of deviation.                          ensure that a qualified operator is
                                                                                accessible.
                                                                               2. The date when you anticipate that
                                                                                a qualified operator will be
                                                                                accessible.
                                                                               3. Request for approval to continue
                                                                                operation.
Notification of resumed operation       Within five days of obtaining a        1. Notification that you have          Sec.   62.16030(e).
 following shut down (due to qualified   qualified operator and resuming        obtained a qualified operator and
 operator deviation and as specified     operation.                             are resuming operation.
 in Sec.   62.15945(b)(2)(i).
Notification of a force majeure.......  As soon as practicable following the   1. Description of the force majeure    Sec.   62.16030(f).
                                         date you first knew, or through due    event.
                                         diligence should have known that the  2. Rationale for attributing the
                                         event may cause or caused a delay in   delay in conducting the performance
                                         conducting a performance test beyond   test beyond the regulatory deadline
                                         the regulatory deadline; the           to the force majeure.
                                         notification must occur before the    3. Description of the measures taken
                                         performance test deadline unless the   or to be taken to minimize the delay.
                                         initial force majeure or a            4. Identification of the date by
                                         subsequent force majeure event         which you propose to conduct the
                                         delays the notice, and in such         performance test.
                                         cases, the notification must occur
                                         as soon as practicable.
Notification of intent to start or      1 month before starting or stopping    1. Intent to start or stop use of a    Sec.   62.16030(g).
 stop use of a CMS.                      use of a CMS.                          CMS.
Notification of intent to conduct a     At least 30 days prior to the          1. Intent to conduct a performance
 performance test.                       performance test.                      test to comply with this subpart.
Notification of intent to conduct a     At least 7 days prior to the date of   1. Intent to conduct a rescheduled
 rescheduled performance test.           a rescheduled performance test.        performance test to comply with this
                                                                                subpart.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.
\b\ CMS means continuous monitoring system.

[FR Doc. 2015-08777 Filed 4-24-15; 8:45 am]
BILLING CODE 6560-50-P


