
[Federal Register Volume 81, Number 83 (Friday, April 29, 2016)]
[Rules and Regulations]
[Pages 26039-26088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09292]



[[Page 26039]]

Vol. 81

Friday,

No. 83

April 29, 2016

Part IV





 Environmental Protection Agency





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





40 CFR Part 62





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

  Federal Register / Vol. 81 , No. 83 / Friday, April 29, 2016 / Rules 
and Regulations  

[[Page 26040]]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-HQ-OAR-2012-0319; FRL-9940-50-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: Final rule.

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

SUMMARY: This action finalizes the federal plan for existing sewage 
sludge incineration (SSI) units. This final action implements the 
Environmental Protection Agency's (EPA) emission guidelines (EG) 
adopted on March 21, 2011, in states that do not have an approved state 
plan implementing the EG in place by the effective date of this federal 
plan. The federal plan will result in emissions reductions of certain 
pollutants from all affected units covered.

DATES: The effective date of this rule is May 31, 2016. The 
incorporation by reference (IBR) of certain publications listed in the 
rule is approved by the Director of the Federal Register as of May 31, 
2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2012-0319. The EPA previously established a 
docket for the March 21, 2011, original SSI new source performance 
standards (NSPS) and EG under Docket ID No. EPA-HQ-OAR-2009-0559. All 
documents in these dockets are listed on the World Wide Web (www), 
http://www.regulations.gov index Web site. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed in the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically at http://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.

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
BTU British Thermal Unit
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
CPMS Continuous Parameter Monitoring Systems
EG Emission Guidelines
ERT Electronic Reporting Tool
ESP Electrostatic Precipitators
FB Fluidized Bed
FF Fabric Filter
HCl Hydrogen Chloride
Hg Mercury
IBR Incorporation by Reference
ISTDMS Integrated Sorbent Trap Dioxin Monitoring System
ISTMMS Integrated Sorbent Trap Mercury Monitoring System
MH Multiple Hearth
NAICS North American Industrial Classification System
NESHAP National Emission Standards for Hazardous Air Pollutants
NOX Nitrogen Oxides
NSPS New Source Performance Standards
NTTAA National Technology Transfer and Advancement Act of 1995
Pb Lead
PCDD/PCDF Polychlorinated Dibenzo-P-Dioxins and Polychlorinated 
Dibenzofurans
PM Particulate Matter
PRA Paperwork Reduction Act
PS Performance Specifications
RFA Regulatory Flexibility Act
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 final action apply to me?
    B. Where can I get a copy of this document?
    C. Judicial Review
II. Background Information
    A. What is the regulatory development background for this final 
rule?
    B. What is the purpose of this final rule?
    C. What is the status of state plan submittals?
    D. What are the elements of the SSI federal plan?
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 unit is covered by an approved 
and effective state plan?
IV. Summary of Changes Since Proposal and Response to Public 
Comments
    A. Summary of Public Comments and Responses
    B. Affirmative Defense to Malfunctions
V. Summary of Final SSI Federal Plan Requirements
    A. What are the final applicability requirements?
    B. What are the final compliance schedules?
    C. What are the final emissions limits and operating limits?
    D. What are the final performance testing and monitoring 
requirements?
    E. What are the final recordkeeping and reporting requirements?
    F. What other requirements is the EPA finalizing?
VI. SSI Units That Have or Will Shut Down
    A. Units That Plan To Close
    B. Inoperable Units
    C. SSI Units That Have Shut Down
VII. Implementation of the Federal Plan and Delegation
    A. Background of Authority
    B. Mechanisms for Transferring Authority
    C. Implementing Authority
    D. Delegation of the Federal Plan and Retained Authorities
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 (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    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

[[Page 26041]]

    I. National Technology Transfer and Advancement Act (NTTAA) and 
1 CFR Part 51
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Does the final action apply to me?

    Regulated Entities. Owners or operators of existing SSI units that 
are not already subject to an EPA-approved and effective state plan 
implementing the March 21, 2011, EG, may be regulated by this final 
action. Existing SSI units are those that commenced construction on or 
before October 14, 2010. Regulated categories and entities include 
those that operate SSI units. Although there is no specific North 
American Industry Classification System (NAICS) code for SSI units, 
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:

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

    This table is not intended to be exhaustive, but rather provides a 
general guide for identifying entities likely to be affected by the 
final action. To determine whether a facility would be affected by this 
action, please examine the applicability criteria in 40 CFR 62.15855 
through 62.15870 of subpart LLL being finalized here. Questions 
regarding the applicability of this action to a particular entity 
should be directed to the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.

B. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
the final action is available on the Internet through the Technology 
Transfer Network (TTN) Web site. Following signature by the 
Administrator, the EPA will post a copy of this final action at http://www3.epa.gov/ttn/atw/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.

C. Judicial Review

    Under CAA section 307(b)(1), judicial review of this final rule is 
available only by filing a petition for review in the U.S. Court of 
Appeals for the District of Columbia Circuit (the Court) by June 28, 
2016.

II. Background Information

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

    Section 129 of the 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, respectively, 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 federal 
regulations directly enforceable upon SSI units, and, under CAA section 
129(f)(1), become effective 6 months after promulgation. Unlike the 
NSPS, the EG provide direction for developing state plans; however, the 
EG are not themselves directly enforceable. The EG are implemented 
under an EPA approved state or tribal plan or EPA adopted federal plan 
that implements and enforces them, once the state, tribal, or federal 
plan has become effective.
    Section 129(b)(2) of the CAA directs states with existing SSI 
unit(s) 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 units in any state without an 
approvable state plan within 2 years after promulgation of the EG. This 
action finalizes the SSI federal plan.
---------------------------------------------------------------------------

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

    On August 20, 2013, the Court remanded portions of the 2011 SSI 
rule 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 
intends to address the Court's remand in a future rulemaking. The 
federal plan is needed to implement the SSI rule in states without an 
approved state plan. EPA anticipates that facilities in approximately 
eighteen states and nine local air pollution control districts will 
need to rely on the SSI federal plan.

B. What is the purpose of this final rule?

    Section 129 of the CAA calls upon states as the preferred 
implementers of the EG for existing SSI units. States with existing SSI 
units were to submit to the EPA within 1 year (by March 21, 2012) 
following promulgation of the EG state plans that are at least as 
protective as the EG. 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 within 2 years following promulgation of the EG for 
sources in states which have not submitted an approvable plan (by March 
21, 2013). The EPA is finalizing the SSI federal plan now so that a 
promulgated federal plan will go into place for any such states, thus 
ensuring implementation and enforcement of the SSI EG.
    States without any existing SSI units are directed to submit to the 
Administrator a letter of negative declaration certifying that there 
are no SSI units in the state. No plan is required for states that do 
not have any SSI units. SSI units located in states that mistakenly 
submit a letter of negative declaration would be subject to the federal 
plan until a state plan regulating those SSI units becomes approved. 
State plans that have been submitted to implement the March 21, 2011, 
EG, have either been approved or are

[[Page 26042]]

currently undergoing EPA review. This action finalizes the SSI federal 
plan to implement the March 21, 2011, EG for those states that do not 
have an approved state plan in place by the effective date of this 
federal plan.
    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-Hg 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, chromium, manganese, 
nickel, and polychlorinated biphenyls.
---------------------------------------------------------------------------

    \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 units located in states with no approved and 
effective state plan. Table 2 below lists states and territories that 
have an EPA-approved plan in effect on the date this final federal plan 
is signed by the EPA Administrator. Additionally, Table 2 lists states 
and local agencies that submitted negative declarations and or those 
which the EPA anticipates taking delegation of the federal plan.

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

    As the EPA regional offices approve implementation 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 
implementation plan submittals and approvals on the TTN Air Toxics Web 
site at http://www3.epa.gov/ttn/atw/129/ssi/ssipg.html. The list will 
help SSI unit owners or operators determine whether their SSI units are 
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 units are 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 territories that 
they cover.

                                        Table 3--Regional Office Contacts
----------------------------------------------------------------------------------------------------------------
                 Region                       Regional contact            Phone         States and territories
----------------------------------------------------------------------------------------------------------------
Region I...............................  Patrick Bird,                (617) 918-1287  Connecticut,
                                          bird.patrick@epa.gov.                        Massachusetts, Maine, New
                                                                                       Hampshire, Rhode Island,
                                                                                       Vermont.
Region II..............................  Phillip Ritz,                (212) 637-4064  New York, New Jersey,
                                          ritz.phillip@epa.gov.                        Puerto Rico, Virgin
                                                                                       Islands.
Region III.............................  Mike Gordon,                 (215) 814-2039  Virginia, Delaware,
                                          gordon.mike@epa.gov.                         District 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.

[[Page 26043]]

 
Region VIII............................  Kendra Morrison,             (303) 312-6145  Colorado, Montana, North
                                          morrison.kendra@epa.gov.                     Dakota, South Dakota,
                                                                                       Utah, Wyoming.
Region IX..............................  Mark Sims,                   (415) 972-3965  Arizona, California,
                                          sims.mark@epa.gov.                           Hawaii, Nevada, American
                                                                                       Samoa, Guam, Northern
                                                                                       Mariana Islands.
Region X...............................  Katharine Owens,             (206) 553-1023  Alaska, Washington.
                                          owens.katharine@epa.gov.
                                         Madonna Narvaez,             (206) 553-2117  Idaho, Oregon.
                                          narvaez.madonna@epa.gov.
----------------------------------------------------------------------------------------------------------------

D. What are the elements of the SSI federal plan?

    Sections 111(d) and 129 of the CAA, as amended, 42 U.S.C. 7411(d) 
and 7429(b)(2), require states to develop and implement state plans for 
SSI units to implement and enforce the promulgated EG. Accordingly, 
subpart MMMM of 40 CFR part 60 requires states to submit state plans 
that include specified elements. Because this federal plan takes the 
place of state plans, where approved state plans are not effective, it 
includes the same essential elements: (1) Identification of legal 
authority and mechanisms for implementation; (2) inventory of SSI 
units; (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, subpart LLL, 
and sections 111 and 129 of the CAA. Each element was discussed in 
detail as it relates to the federal plan in the preamble of the 
proposed rule (80 FR 23406). The EPA received a total of ten unique 
public comment letters. A summary of these comments and the EPA's 
responses is presented in section IV, ``Summary of Changes Since 
Proposal and Response to Public Comments'' of this preamble.

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 
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 62.16045.
---------------------------------------------------------------------------

    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 
existing SSI unit that was constructed on or before October 14, 2010, 
and that is not already regulated by an approved and effective state 
plan as of the effective date in this notice.\4\ The federal plan would 
apply to the SSI unit until the EPA approves a state plan that 
regulates the SSI unit and that state plan becomes effective.\5\ 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 unit and would be subject to the NSPS at 40 CFR 
part 60, subpart LLLL. The specific applicability of the federal plan 
is described in 40 CFR 62.15855 through 62.15870 of subpart LLL.
---------------------------------------------------------------------------

    \4\ The federal plan will become effective 30 days after final 
promulgation.
    \5\ A state plan is effective on the date specified in the 
notice published in the Federal Register announcing the EPA's 
approval of the plan.
---------------------------------------------------------------------------

    This action will not preclude states from submitting a state plan 
at a later time. 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.\6\ If the EPA approves a plan, then the SSI federal plan no 
longer applies to SSI units covered by the state plan. If an SSI unit 
was overlooked by a state and the state submitted a negative 
declaration letter, or if an individual SSI unit was not covered by an 
approved and effective state plan, the SSI unit would be subject to 
this federal plan.
---------------------------------------------------------------------------

    \6\ 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.
---------------------------------------------------------------------------

C. How do I determine if my SSI unit 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(b) 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 a state has an approved and effective plan, please 
contact the state environmental agency's air director or the EPA's 
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. Summary of Changes Since Proposal and Response to Public Comments

    This rule will be finalized as proposed except where the EPA 
revised the regulatory text to make certain clarifications. After 
consideration of all the public comments received, in the response to 
public comments below, the EPA clarified the compliance date, operator 
training requirements, the federal plan delegation process, certain 
performance monitoring and testing provisions, status of state plan 
submittals, and the inventory of units. The EPA received a total of ten 
unique public comment letters on the proposed federal plan rulemaking. 
(Note, one letter was inadvertently duplicated and submitted to the 
docket.\7\) No public hearing was requested, and, therefore, none was 
held.
---------------------------------------------------------------------------

    \7\ Docket Identification Numbers EPA-HQ-OAR-2012-0319-0016 and 
EPA-HQ-OAR-2012-0319-0017 are the same comment.
---------------------------------------------------------------------------

    The EPA believes that it is critical to highlight that the final 
compliance date remains, as proposed, March 21, 2016. Commenters raised 
concerns that the two proposed pathways for compliance implied that the 
compliance date was longer than statutorily allowed. Therefore, the EPA 
removed these pathways in the regulatory text to clarify the final 
compliance date.

[[Page 26044]]

    Commenters raised numerous comments on the federal plan's 
monitoring and testing provisions, most of which the EPA did not 
propose to revise or otherwise solicit comment on in the proposed 
federal plan. Section 129 of the CAA requires the EPA to develop a 
federal plan to assure that existing units are in compliance with the 
EG. Many of the comments received on the proposed federal plan's 
monitoring and testing provisions recommended changes to the EG, which 
are outside the scope of this action. For that reason, we are not 
making these changes at this time in the federal plan. An example of 
these changes is adjusting the minimum percent of the maximum permitted 
capacity during testing, which is currently promulgated in the EG at 
85-percent. In the April 27, 2015, federal plan proposal the EPA did 
solicit comment on a potential revision to this provision.\8\ The EPA 
is not revising the minimum threshold provision in the federal plan, 
but will consider whether to do so in a future rulemaking action. With 
respect to all other comments addressing monitoring and testing 
provisions in the EG, those comments are outside the scope of this 
action. However, we do provide some clarifications of the requirements 
of the EG in response to those comments later in the preamble for this 
federal plan. We will consider making changes to the EG and federal 
plan to incorporate the suggested revisions in the future. In addition, 
many of the commenters' concerns may be addressed through the federal 
plan, which provides the EPA Administrator with the authority to 
approve alternate methods of demonstrating compliance as established 
under 40 CFR 60.8(b) and 60.13(i). SSI unit owners and operators who 
wish to petition the agency for an alternative method of demonstrating 
compliance should submit a request to the Regional Administrator with a 
copy sent to the appropriate state.
---------------------------------------------------------------------------

    \8\ See 80 FR 23404.
---------------------------------------------------------------------------

    A full summary of the public comments and responses to the public 
comments is provided below in section IV.A. of this preamble.

A. Summary of Public Comments and Responses

    In this section, we provide the EPA's responses to all of the 
public comments received.\9\ All of the public comment letters received 
are located in the docket, which can be accessed by following the 
instructions outlined in the ADDRESSES section of this preamble.
---------------------------------------------------------------------------

    \9\ All of the public comments received are identified in the 
memorandum titled, ``Public Comments Received on the Proposed 
Federal Plan Requirements for Sewage Sludge Incineration Units 
Constructed on or Before October 14, 2010,'' located in the docket.
---------------------------------------------------------------------------

1. Compliance Schedule
    Comment: Several commenters (08, 11, 12, 14) point out that the 
proposed final compliance date of March 21, 2016, is contradictory to 
the schedules of the compliance pathways proposed in 40 CFR 62.15875 
given that it is less than 1 year after the close of the public comment 
period. Commenters believe that the proposed compliance pathways are 
unclear and imply that the final compliance date could be after March 
21, 2016. Specifically, the proposed 40 CFR 62.15875 outlined two 
compliance pathways. The first pathway was to achieve final compliance 
by 1 year from the date of publication of the final federal plan in the 
Federal Register. The second pathway was to achieve final compliance 
more than one year following the date of publication of the final 
federal plan in the Federal Register by meeting the increments of 
progress specified in Table 1 of the proposed rule (increment 1: Submit 
final control plan 3 months from the date of publication of the final 
rule in the Federal Register and increment 2: Final compliance by March 
21, 2016). Commenters (08, 11, 12, 14) request that EPA clarify the 
final compliance date and the schedules in the compliance pathways.
    Two commenters (11, 12) specifically request that the EPA revise 40 
CFR 62.15875 as follows:
     One (1) year after publication of the final federal plan 
in the Federal Register, or
     For affected sources planning to comply more than one (1) 
year after the final federal plan, meeting increments of progress for 
submitting a final control plan within six (6) months after the final 
federal plan is published and final compliance by two (2) years after 
the publication of the final federal plan in the Federal Register.
    Commenters (11, 12) express concern that, due to the delays from 
the petitioned SSI reconsideration and the federal plan development, 
the federal plan will negatively affect utilities' efforts to plan for 
compliance. Another commenter (14) reiterates this concern notably for 
smaller to mid-size wastewater utilities. The commenter (14) further 
highlights the short window for compliance and that facilities will 
likely have to take further regulatory action in areas such as 
greenhouse gas emissions, industrial pretreatment, anti-terrorism 
safeguards, and nutrient removal in addition to the numerous other 
rules and requirements that they are currently required to follow. The 
commenter states the financial impact this regulation has already had 
on its facility (estimated at $45,000 for administration and reporting, 
$25,000 for fees, $65,000 for third-party audits, and $50,000 for a 
compilation of reports for state and federal agency reporting) and 
anticipates ongoing cost to ratepayers. A separate commenter (12) asks 
that the final federal plan contain a mechanism modeled on the 
provisions at 40 CFR 62.14536, which allow operators to petition for 
compliance extensions on a case-by-case basis.
    Response: The EPA agrees with commenters that clarification of the 
compliance date and compliance pathways is necessary, but disagrees 
that a later compliance date is needed and notes that a later 
compliance date is not authorized by CAA section 129. In addition, 
comments regarding the appropriate compliance date are outside the 
scope of this action, and EPA did not propose any revisions to the 
compliance date. The EPA clarifies that the final compliance date is 
March 21, 2016.\10\ This compliance date was established in the March 
21, 2011, EG. In addition, similar to the implementation of other EG 
under CAA section 129, the EPA proposed two compliance pathways, which 
would allow owners or operators of SSI units 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 the 
final compliance date.\11\ This framework was intended for a federal 
plan that was promulgated on schedule as required by sections 111 and 
129(b)(3) of the CAA and 40 CFR 60.27(c) and (d), which require the EPA 
to develop, implement and enforce a federal plan for SSI units in any 
state without an approvable state plan within 2 years after 
promulgation of the EG. In this case, 2 years after the promulgation of 
the EG would have been by March 21, 2013. The EPA recognizes that 
because this federal plan is being finalized after the 2-year timeframe 
from the promulgation of the EG, it is not practical to retain these 
two pathways in the final federal plan, as the pathway with increments 
of progress would not comport with the final compliance date 
established by the EG. In fact, the EPA recognizes that by proposing 
these pathways, many commenters were

[[Page 26045]]

confused and stated that they interpreted that the final compliance 
date was after March 21, 2016, which is not what the EPA intended.
---------------------------------------------------------------------------

    \10\ If a facility is complying with a state implementation 
plan, the compliance date may be earlier than March 21, 2016.
    \11\ 2010 State Implementation Guidance Document is available 
through the EPA's TTN at http://www3.epa.gov/ttn/atw/129/hmiwi/epa453b10001_hmiwi.pdf.
---------------------------------------------------------------------------

    Therefore, the EPA is revising the final rule to require that all 
SSI unit owners or operators submit a final control plan and achieve 
final compliance by March 21, 2016. The EPA has concluded that most 
facilities already have a final control plan in place and know what 
measures they are required to take in order to achieve compliance.
    The EPA disagrees with the commenter's suggested framework for 
allowing facilities to achieve final compliance up to 2 years after the 
publication of the final federal plan in the Federal Register. This 
would violate the statute, as section 129 of the CAA directs the EPA to 
implement the federal plan so that the plan will assure that each unit 
subject to the plan is in compliance with all provisions no later than 
5 years after the date of the promulgation of the emissions guidelines, 
which was March 21, 2011.
    The EPA disagrees with using a mechanism modeled on the provision 
at 40 CFR 62.14536 as there is no statutory authority under CAA section 
129 for providing compliance extensions (i.e., allowing compliance 
after the compliance date). Lastly, the EPA disagrees that affected 
sources have had inadequate time to prepare to comply with this rule. 
The commenters do not point to any specific circumstances where 
compliance is not possible. In fact, one commenter notes that sources 
have been working to come into compliance since the March 2011 final 
rule was issued. The federal plan implements the EG for existing SSI 
units, which was promulgated on March 21, 2011.\12\ We believe that 
sources have had ample notification of this final compliance date and 
that they are aware of what measures they must take in order to comply.
---------------------------------------------------------------------------

    \12\ See 76 FR 15372.
---------------------------------------------------------------------------

2. Operator Training
    Comment: Several commenters (08, 11, 12, 14) express varying 
opinions on the proposed operator training requirements. One commenter 
(08) points out that the proposed 40 CFR 62.15920(b) requires that 
operator training and qualification must be obtained through a state-
approved program or by completing the requirements that the section 
outlines. Proposed 40 CFR 62.15920(c) requires that operators must pass 
an examination designed and administered by a state-approved program or 
an administering instructor. The commenter suggests that some states 
will have neither created or identified an approved SSI operator 
training program, nor have identified any state-approved instructors to 
administer the training and examination. The commenter is concerned 
that the facility and operator would be in a situation in which it 
would be impossible to comply with the rule through no fault of the 
facility or operator.
    Other commenters (11, 12) express appreciation of the EPA's 
flexibility on who can administer the SSI operator training program and 
the examination. Commenter (12) requests that the EPA verify its 
interpretation of the operator training requirements. Specifically, the 
commenter raises that, based on email correspondence with the EPA, they 
understand that the proposed operator training requirements mean that a 
third-party or utility could develop a training program and exam and it 
need not be approved by the state or the EPA as long as it meets the 
requirements in 40 CFR 62.15920(c). The commenter states that they 
understand that this interpretation is only with respect to states that 
do not have approved state plans in place and that, once a state plan 
is approved by the EPA, upon the effective date of a state plan, the 
federal plan would no longer apply as of the effective date of a state 
plan. Any operator training requirements would have to comply with the 
state plan.
    Another commenter (14) is concerned that it will be difficult to 
meet the operator training requirements when no state training program 
exists.
    Response: As the EPA recently clarified in a webinar on June 2, 
2015, to states, tribes, territories, and local air agencies, the 
federal plan would require that an SSI unit cannot be operated unless a 
fully trained and qualified SSI unit operator is accessible, either at 
the facility or nearby such that the operator can be at the facility 
within 1 hour.\13\ Operator training and qualification must be obtained 
through a state-approved training program or by completing the list of 
training requirements included in the proposed federal plan. The EPA 
explained that if a state program does not exist, facilities complying 
with the federal plan must complete the list of training requirements 
in order to comply with the rule.
---------------------------------------------------------------------------

    \13\ EPA's outreach webinar on the federal plan proposal can be 
found at the SSI regulation Web site: http://www3.epa.gov/ttn/atw/129/ssi/ssipg.html.
---------------------------------------------------------------------------

    Section 62.15920(b) of 40 CFR part 62 clearly states that there are 
two options for complying with the operator training requirements. The 
first option is to obtain training and qualification through a state-
approved program. The second option is to obtain training and 
qualification through completing an incinerator operator training 
course that includes at a minimum the topics listed in 40 CFR 
62.15920(c). The rule further requires operators to complete an 
examination designed and administered by the state-approved program or 
an instructor administering the training topics listed in the rule. The 
rule also states that operators are required to conduct initial 
training and annual refresher trainings in addition to retaining 
documentation on-site of completed operator training. The EPA provides 
the following examples of how a training and examination program could 
work in order to comply with the requirements:
     Example 1: A third party administers an SSI operator 
training course and examination. The training course and examination 
syllabus cover the topics as described in 40 CFR 62.15920(c).
     Example 2: An affected SSI facility with necessary 
technical expertise administers an ``in-house'' SSI operator training 
course and examination. The training course and examination syllabus 
cover the topics as described in 40 CFR 62.15920(c).
     Example 3: SSI operators complete an SSI operator training 
course and examination through a state-approved training program (e.g., 
state-approved trainer or state-run program; may vary by state).
    The EPA further clarifies that ``state approved training program'' 
is not a ``state implementation plan''. The EPA recognizes that 
different states may have their own requirements for professional 
trainers in their states even if they do not have a state 
implementation plan in place. SSI unit owners and operators are 
encouraged to contact their state to find out if their state has its 
own requirements for trainers. Once a state plan is approved by the 
EPA, upon the effective date of a state plan, the federal plan would no 
longer apply to SSIs in that state. The state or local agency would 
implement and enforce the approved state plan in lieu of the federal 
plan and operator training requirements would have to conform with the 
state plan.
3. Performance Testing and Monitoring
    As the EPA discussed in the federal plan proposal, we will not 
address comments on the underlying SSI EG, since those comments address 
issues

[[Page 26046]]

outside the scope of the federal plan.\14\ We note that this section 
addresses issues that the EPA believes warrant clarification, even 
though they are not within the scope of this action. Many of the 
comments received on the proposed federal plan's monitoring and testing 
provisions recommend changes to be made in the EG, and since no such 
revisions were identified in the proposed federal plan, we are not 
making these changes at this time in the federal plan. We will consider 
making changes to the EG and corresponding changes to the federal plan 
to incorporate the suggested revisions in the future. However, the 
responses below provide clarification regarding the requirements of 
certain monitoring and testing provisions.
---------------------------------------------------------------------------

    \14\ See 80 FR 23404.
---------------------------------------------------------------------------

    Comment: Multiple commenters (11, 12, 13, 18) respond to the EPA's 
solicitation of comments regarding the proposed provision at 40 CFR 
62.16015, which would require SSI units to operate at a minimum of 85-
percent of the maximum permitted capacity during performance testing. 
The EPA specifically solicited comments and additional data on whether 
the 85-percent requirement warrants a revision due to operational 
limitations or other factors. Two commenters (12 and 18) state that the 
capacity at which SSIs test will drive the overall setting of operating 
parameters that: (1) May be impossible to maintain at a lower (more 
real-world) throughput rate, and (2) if possible to maintain, may have 
negative environmental and cost implications. Under one commenter's 
(18) title V permit, stack tests are required and set the maximum (with 
an allowable exceedance up to 10-percent) for dry-tons-per-day solids 
loading. The commenter argues that using a stack test to set the 
maximum throughput makes sense when the stack test results are also 
used to set operating parameters. In addition, for this commenter, the 
permitted throughput is calculated as an average of three test runs, 
and two commenters (12 and 18) request the EPA to consider including 
this in the federal plan.
    Commenters (12 and 18) provide the example that an SSI unit with a 
higher feed rate will have a higher air flow and, therefore, a higher 
pressure drop; pressure drop is one of the operating parameters that 
must be established. Under normal feed rates, SSIs will have lower air 
flows and lower pressure drops. They state that it may be necessary for 
some utilities attempting to achieve combustion zone temperature limits 
established for higher loading conditions to use auxiliary fuel to 
artificially increase bed temperature to meet the operating limit at 
lower loading conditions.
    Commenters (12 and 18) discuss that it is not practical or 
economical for many SSIs to maintain a level of 85-percent during 
normal operations in order to ensure that operating parameters set at 
this level are consistently met. The commenters discuss that operation 
at this higher level will require frequent start/stop cycles, which 
accelerates the thermal aging of the system, shortens the useful life 
of the unit, results in highly variable feed composition, and uses more 
auxiliary fuel for stable operation. The commenters believe that these 
adverse impacts further increase the operating cost and adversely 
impact emissions from SSIs due to excessive fuel use and increased 
frequency of startup and shutdown modes. In other words, this would 
result in increased energy consumption and greenhouse gas emissions.
    One commenter (12) explains that some SSI facilities have had to 
store sludge for extended periods of time to accumulate enough material 
to meet this requirement, as many SSIs routinely operate significantly 
below their maximum permitted capacity. If an operating facility has to 
store sludge to meet the 85-percent feed rate, the characteristics of 
the sludge will change, resulting in different operating requirements 
and performance for stored sludge than non-stored sludge processed 
during average conditions. The commenter further explains that many 
utilities simply do not generate enough sludge to burn at 85-percent of 
permitted capacity consistently. The commenter describes how sludge is 
fed at a rate to maintain a specific and narrow combustion temperature 
range. Variations in sludge composition will vary the feed rate as the 
commenter describes. During one SSI facility's recent performance test 
run, the sludge's percent volatile solids and British Thermal Unit 
(BTU) content were significantly higher than normal, which resulted in 
feed rates less than 85-percent as the SSI's BTU input capacity was 
reached. In other cases, SSI units have not been able to maintain feed 
rates at 85-percent of their permitted maximum capacity and also 
maintain other operating conditions during testing, resulting in test 
runs that do not meet the regulatory requirements (e.g., sludge 
volatile content and other sludge characteristics can vary 
significantly and feed rates must be adjusted to maintain target 
combustion temperatures).
    One commenter (12) reminds the EPA of their comments submitted on 
the October 14, 2010, proposal of the EG and NSPS (75 FR 63260) in 
which they stated that EPA's assumption that SSIs operate at 75-percent 
of the rated capacity was too high and that the EPA needed to consider 
other options.\15\ The commenter further highlights their November 29, 
2010, comment that raised concerns about requiring a specific operating 
parameter for feed rate. The commenter believes that the 85-percent 
requirement was added at the 2011 final rule stage of the EG and NSPS 
as the EPA attempted to address the issue that their November 29, 2010, 
comments raised at the time. They further believe that the EPA removed 
the operating parameter for sludge feed rate and the requirement to 
regularly operate within that range, but the agency then added the 85-
percent requirement for performance testing. The commenter requests 
that the EPA eliminate the 85-percent requirement and instead require 
the use of a minimum feed rate based on actual historical operating 
averages (i.e., the baseline would be each SSI's historical operating 
baseline, instead of permitted capacity). The commenter states that the 
EPA has previously suggested in email correspondence and phone 
conversations that testing be conducted at both 85-percent of permitted 
capacity and at the historical operating average feed rates in order to 
establish the operating parameters at regular or normal feed rates. The 
commenter does not think that this is acceptable because this would 
require two separate compliance demonstration source tests and 
effectively double the cost of performance testing. They also do not 
think that there is valid regulatory purpose for establishing operating 
parameters at higher operating capacities (e.g., 85-percent) than are 
normally encountered, so they request that the EPA revise this 
requirement to instead require testing based on actual/historical 
operating average.
---------------------------------------------------------------------------

    \15\ See November 29, 2010, comment submitted by the National 
Association of Clean Water Agencies. Document identification number 
EPA-HQ-OAR-2009-0559-0127.1. http://www.regulations.gov.
---------------------------------------------------------------------------

    Commenter (11) discusses that their unit is rated by the 
manufacturer at a sludge feed rate of 2.0 dry-tons-per-hour. The rating 
was based on assumptions during its design, including volatile solids 
percentage in sludge. The commenter states that the SSI unit has never 
achieved the design sludge feed rate, much in part because the measured 
volatile solids content has been consistently higher than the design

[[Page 26047]]

assumption. Under a normal optimal operation, the commenter can run a 
feed rate of 1.4-1.5 dry-tons-per-hour, which is at 75-percent of rated 
capacity. However, they describe that there are extended periods of 
time where the SSI unit operates at lower feed rates (e.g., 1.1 dry-
ton-per-hour), which is 55-percent of rated capacity. The commenter 
explains that sludge feed rate dictates the target combustion 
temperature to achieve optimal combustion conditions while generating 
the least quantity of air pollutants. While the commenter will seek a 
lower permitted capacity in its air permit, it is likely that the SSI 
unit will not continuously operate within 85-100-percent capacity 
range, including during test conditions. The commenter describes how 
operators must respond to varying conditions such as sludge quality, 
fluidized sand condition, and combustion air flow and temperature. The 
commenter believes that sludge feed rate should not be specified in the 
operation of an SSI, including during performance testing. The 
commenter asks the EPA to provide relief in this requirement by either 
expanding the minimum percentage requirement, or by implementing 
another means to determine ``normal operation''. One suggestion they 
recommend is to require that a performance test be conducted at a 
sludge feed rate within plus or minus 20-percent of the average sludge 
feed rate during the past six months of SSI unit operation.
    Commenter (13) recommends that the 85-percent threshold be replaced 
with a requirement that the minimum feed rate be based on historical 
operating average. The commenter explains that this suggestion is 
primarily due to the variability of the sludge feed (e.g., percent 
solids, percent volatile solids, BTU content, percent primary sludge v. 
percent waste activated sludge, etc.), which impacts throughput. 
Furthermore, the commenter states that SSI facilities are finding that 
they will not be able to continuously meet some of the site-specific 
operating limits (e.g., wet scrubber pressure drop) established at 85-
percent threshold or higher, when operating their incinerators at 
normal (lower) feed rates.
    Response: While we solicited comment on the 85-percent of maximum 
permitted capacity performance testing requirement, the EPA has decided 
that it is not appropriate to make changes to the requirement at this 
time, in order to avoid inconsistencies between the federal plan and 
the EG, since the federal plan is intended to implement the EG. The EPA 
thanks the commenters for their valuable feedback and ideas. We will 
consider making changes to the EG and corresponding changes to the 
federal plan to address the suggested revisions in the future. If a 
particular operating parameter is inappropriate for a site-specific 
configuration, the facility may submit an alternative monitoring plan 
to the appropriate EPA regional office pursuant to 40 CFR 62.16050, 40 
CFR 60.8 and 60.13.
    Comment: One commenter (11) discusses the proposed 40 CFR 
62.15995(a)(3)(ii)(C), which includes specific requirements for 
installation of a pH monitoring system if a scrubber is designed to 
control emissions of HCl or SO2. Specifically, 40 CFR 
62.15995(a)(3)(ii)(C)(1) will require that a pH sensor be placed in a 
position at the scrubber effluent. The commenter explains that the 
requirement will cause issues in establishing an operating limit and in 
operating and maintaining the pH probe because of the elevated 
temperature of scrubber effluent and presence of erosive ash and sand 
particulate. The commenter further explains that it is likely that the 
pH probe measurement will drift under these conditions. Additionally, 
regarding the establishment of operating limits, the commenter believes 
that it is likely that the pH of scrubber effluent will vary during a 
performance test, depending on the varying presence of HCl and/or 
SO2 removed from the gas stream. The commenter states that 
using scrubber effluent pH is inconsistent with engineering design for 
scrubbers designed to remove acidic or alkaline gases from process air 
or flue. Typically, the adjustment and measurement of scrubber pH 
liquid is important for the feed (or influent) into a scrubber system. 
In a semantic sense, the term ``scrubber liquid pH'' used in 40 CFR 
62.15985(a)(1) is typically understood to be the liquid introduced 
(i.e., feed) into a scrubber. This is a fundamentally different term 
than ``scrubber effluent pH,'' as noted in 40 CFR 
62.15995(a)(3)(ii)(C). The commenter recommends that the pH of scrubber 
liquid, specifically the feed water into a scrubber, be used for 
establishing operating limits. The commenter also states that the pH 
monitoring system should be placed at the feed water, and not the 
scrubber effluent.
    Response: This comment is outside the scope of the SSI federal 
plan, since the federal plan is intended to implement the EG. The EPA 
thanks the commenters for their valuable feedback and ideas. We will 
consider making changes to the EG and federal plan to incorporate the 
suggested revisions in the future. If a particular operating parameter 
is inappropriate for a site-specific configuration, under 40 CFR 
62.16050, 40 CFR 60.8 and 60.13, the facility may submit an alternative 
monitoring plan to the appropriate EPA regional office.
    Comment: One commenter (08) describes that the proposed 40 CFR 
62.15995 includes requirements to prepare site-specific monitoring 
plans for continuous parameter monitoring systems (CPMS). The proposed 
rule contains specific sensitivity specifications for certain types of 
CPMS. The commenter explains that most SSIs have been operating 
satisfactorily with legacy CPMS, installed at the time of installation 
or shortly thereafter as the ``kinks'' were worked out. At this time, 
however, it is often impossible to obtain performance specifications 
for the CPMS components or the overall CPMS, for a variety of reasons. 
The commenter discusses that, when the equipment was purchased, 
performance specifications with that degree of granularity were often 
not required as part of equipment specification. It may be impossible 
to now obtain the data retroactively from vendors or manufacturers, 
because suppliers are no longer in business, or the manufacturers did 
not acquire or retain the data because it was not required. Thus there 
will be situations in which an affected SSI unit has an existing 
continuous parameter monitoring equipment that is working 
satisfactorily with years of reliable performance, but for which the 
operator cannot produce the ``paperwork'' documenting that the unit 
meets the performance specification of the proposed 40 CFR 62.15995. 
The commenter asks the EPA what alternatives are available to operators 
of SSI units in these circumstances. The commenter also asks that if 
the rule is promulgated as proposed, will the operators of those SSI 
units be required to replace working and effective CPMS simply for the 
lack of ``paperwork''. The commenter believes that discarding equipment 
that is working for lack of ``paperwork'' seems unnecessary and 
wasteful, particularly since newer equipment with greater sensitivity 
might actually be more susceptible to breakdown or performance 
excursions.
    Response: While the EPA has stated its belief that it is prudent 
for records of specifications for measurement equipment to be kept, the 
EPA understands that these records may no longer exist. In cases where 
this information no longer exists, that reason alone will not require 
facilities to replace their equipment. Instead, the facility may 
demonstrate that the equipment meets the requirements

[[Page 26048]]

given in the rule. For example, for temperature measurements, such a 
demonstration could rely on comparison to a redundant temperature 
measurement device, a calibrated temperature measurement device or a 
separate sensor check and system check by temperature simulation.
    It is important for monitoring equipment to meet minimum 
specifications in order to return data of known quality. While the 
monitor may be working, without data of known and satisfactory quality, 
neither the owner or operator nor the EPA can be assured that the 
facility is in compliance.
    Comment: One commenter (08) identifies that the proposed 40 CFR 
62.15995(a)(7) would establish requirements to determine when a 
continuous monitoring system (CMS) is out of control. They specify that 
paragraph (a)(7)(i) sets forth that a CMS system would be deemed to be 
out of control if drift exceeds two times the applicable calibration 
drift specification (paragraph (a)(7)(i)(A)) or the unit fails certain 
required performance test audits (paragraph (a)(7)(i)(B)). As the 
commenter reads the proposed federal plan, the universe of CMS that 
fall under this provision is unclear. They discuss that one 
interpretation is that the proposed federal plan applies to all CMS, 
which would indicate that an ``out-of-control'' specification would 
need to be developed for each CMS. Following this interpretation, all 
CMS that are not subject to performance audits would need to develop an 
``out-of-control'' drift specification. The commenter asks how ``out-
of-control'' specifications would be developed for CMS that are subject 
neither to a performance audit nor to drift. The commenter has an 
alternate interpretation of 40 CFR 62.15995(a)(7), which is that it 
applies only to CMS for which drift is a meaningful and relevant 
concern. The commenter believes that the rule as written, however, does 
not clearly limit 40 CFR 62.15995(a)(7) to such situations.
    Response: The rule applies to all CMS. Section 62.15995 of 40 CFR 
part 62 requires owners or operators to develop and submit for the 
Administrator's approval site-specific monitoring plans for each CMS. 
Section 62.15995(a)(3) of 40 CFR part 62 requires owners or operators 
to identify ongoing performance evaluations in their site-specific 
monitoring plans for all CMS (both CEMS and CPMS). A failure of one of 
these ongoing activities (e.g., the performance evaluation described in 
the site-specific monitoring plan) constitutes an out-of-control period 
and triggers corrective action. The EPA further notes that owners and 
operators must conduct a performance evaluation of a pressure sensor no 
less frequently than annually per 40 CFR 62.1995(a)(3)(ii)(B)(5).
    Comment: Two commenters (12 and 13) identify that under the EG and 
the proposed federal plan, the lowest 4-hour average effluent water 
flow rate at the outlet of the wet electrostatic precipitator (WESP) 
recorded during the most recent performance test demonstrating 
compliance with the particulate matter, lead, and cadmium limits, 
becomes the WESP's site-specific minimum water effluent flow rate. 
Commenters discuss that the data are supposed to be measured and 
recorded on an hourly basis, and compliance is determined on a 12-hour 
block average. Commenter (13) specifically notes that the EG only 
requires three 1-hour long performance test runs, which means that the 
minimum water effluent flow rate will actually be the lowest 1-hour 
average. Both commenters convey that water does not continuously run 
through a WESP. A WESP is only flushed (clean) with water approximately 
once every 6 hours and the flush lasts for approximately 3 minutes. 
Commenter (13) explains that the rate at which flushing water is added 
to the WESP is normally in the range of 50-100 gallons per minute, but 
it can vary depending on the size of the unit.
    Commenter (13) states that unlike other industries, all of the 
WESPs located at publicly owned treatment works (POTWs) are preceded by 
wet scrubbing systems and the gas stream entering the WESP is saturated 
with moisture. As a result, there is no need to install water sprays 
prior to the WESP's inlet. The commenter asks whether the use of water 
sprays in other industries is the reason that the minimum water 
effluent limit was included in the SSI rules. The commenter explains 
that unless flushing water is being utilized, the water effluent flow 
rate recorded during the performance test will only consist of a small 
amount of moisture that has been carried over from the wet scrubbers 
and the condensation that occurs within the WESP. A number of POTWs 
combine the effluent from their wet scrubbers and WESPs into a single 
pipe, making it almost impossible to accurately measure the WESP water 
effluent. The commenter requests that POTWs be allowed to monitor the 
WESP's flushing water inflow in lieu of measuring the WESP's effluent, 
if this requirement is retained in the final federal plan.
    Commenter (12) states that the rule requires a minimum water flow 
rate for the WESP in gallons-per-minute (gpm), just like the scrubber 
water flow rate. Scrubber water, however, flows continuously while 
WESPs are only flushed once every 6 hours. Since the flushing water is 
not continuous, SSI unit owners and operators have difficulty 
developing a minimum flow rate. In addition, a WESP gravity effluent 
pipe with a diameter of 4 inches or 6 inches, necessary to avoid 
clogging in some configurations, is too large for a meter to accurately 
measure the low rate of flow. In some cases, WESP effluent flows into a 
common drain pipe where backflow into the drain can affect the accuracy 
of the reading. One SSI unit owner/operator requests that they be 
allowed to measure the water feed to the WESP, instead of measuring the 
flow at the outlet of the WESP. The influent flow rate will be greater 
than or equal to the effluent rate due to possible evaporation within 
the unit. However, the commenter has a more basic question as to why 
the rule requires a minimum WESP effluent water flow rate as a site-
specific operating parameter. Based on the information the commenter 
has collected, water flow does not change the WESP's collection 
efficiency. In fact, at some times, there can be more water draining 
out of the WESP then is being added to it. The exception is when 
flushing occurs, which is due to the condensation of the moisture in 
the exhaust gases that have been saturated in the wet scrubbers. The 
commenter requests clarification on this topic in the final federal 
plan.
    Similarly, another commenter (16) believes that 40 CFR 62.15985 as 
proposed is impractical. The commenter states that 40 CFR 62.15985 
indicates that water flow rate at the outlet of the WESP must be 
monitored. The commenter remarks that water usage by the WESP is 
intermittent and at many times too minimal for a mag-meter of the size 
necessary on the effluent pipe to accurately measure. A pressurized 
influent pipe supplying water to the WESP is much smaller, improving 
the accuracy of the mag-meter. The commenter describes that a WESP 
gravity effluent pipe with a diameter of 4 inches to 6 inches, 
necessary to avoid clogging, is too large for a mag-meter to accurately 
measure the low rate of flow.
    Commenter (13) references EPA guidance document for ``Compliance 
Assurance Monitoring'' (CAM) that covered WESPs used for particulate 
matter control; voltage was listed as the prime and only measurement 
for compliance monitoring. The commenter states that this document also 
acknowledged that wash water is only used on an intermittent basis and 
results

[[Page 26049]]

in slight and temporary reductions in voltage. Since the water effluent 
flow rate is not indicative of a WESP's removal efficiency, WESPs are 
subject to a site-specific secondary voltage or amperage operating 
limit, and WESPs located at POTWs do not require water sprays, the 
commenter asks the EPA to consider eliminating the WESP water effluent 
operating parameter from the EG and final federal plan.
    Response: The choice of site-specific operating parameters is 
outside the scope of the federal plan, and EPA did not propose or 
solicit comment on revisions to these provisions. The EPA thanks the 
commenters for their valuable feedback and ideas. We will consider 
making changes to the EG and federal plan to incorporate the suggested 
revisions in the future. The EPA recognizes that the commenters have 
asked for clarifications on some of the points related to WESP water 
flow and we provide clarification below.
    First, commenters note that the lowest 4-hour average effluent 
water flow rate at the outlet of the WESP, recorded during the most 
recent performance test demonstrating compliance with the PM, Pb, and 
Cd limits, becomes the WESP's minimum water effluent flow rate, but 
that the regulation only requires three 1-hour performance test runs, 
which means that the minimum water effluent flow rate will actually be 
the lowest 1-hour average. The EPA notes that the regulation requires a 
minimum sample volume for each test run, not a minimum sample time. It 
is possible that some performance tests for PM and metals may not 
require 4 hours in total to achieve the minimum sample volume for the 
three runs. However, because the operating parameters must be set based 
on a 4-hour average from the performance test, the EPA has concluded 
that it is necessary to test for at least 4 hours (in total, not per 
run), even if this means collecting more than the minimum sample volume 
prescribed in the rule.
    Second, the EPA is clarifying why effluent water flow is an 
appropriate operating parameter for a WESP and why it accurately 
reflects a WESP's ability to efficiently collect PM. All ESPs operate 
under the principle that opposite charges exist between the plates and 
the particles. When the plates become too caked with collected 
particles, there will no longer be enough pull from the plates to 
attract the particles from the incoming gas stream. The plates must be 
continuously or intermittently (at regular intervals) washed to 
maintain the attraction. In some situations, either influent or 
effluent water flow can provide an adequate indicator of performance. 
However, as one commenter noted, sometimes the influent flow rate is 
maintained at greater than or equal to the effluent rate due to 
possible evaporation within the unit. In this type of situation, it is 
important to monitor the effluent flow rather than the influent flow. 
If the water evaporates and does not make it all the way through the 
system and does not clean all of the plate surfaces, than the water 
flow is not adequate, but this would not be reflected if measuring 
inlet flow rate. Further, the commenter's assertion that the EPA's CAM 
guidance lists voltage as the prime and only measurement for compliance 
monitoring is incorrect. The CAM guidance is meant only to provide 
examples for operating parameters for different control devices; it is 
not meant to be all inclusive. However, the second example for WESP in 
the CAM guidance lists three different monitoring parameters: secondary 
voltage, quench inlet temperature, and WESP outlet temperature. The 
WESP outlet temperature measurement serves as an indicator of water 
flow through the system, thereby demonstrating that even in the CAM 
guidance the EPA has acknowledged the importance of water flow in a 
WESP.
    The EPA also reminds commenters that if a particular operating 
parameter is inappropriate for their site-specific configuration, under 
40 CFR 62.16050, 40 CFR 60.8 and 60.13 the facility may submit an 
alternative monitoring plan to the appropriate EPA regional office.
    Comment: One commenter (12) discusses that the 2011 EG and proposed 
federal plan include parametric monitoring requirements for good 
combustion at 40 CFR 62.15960. The commenter points out that a 
definition of ``combustion chamber'' is not provided in 40 CFR 
62.16045, though the definition for ``fluidized bed incinerator'' makes 
mention of ``combustion chamber.'' A multiple hearth incinerator 
typically includes drying, combustion and cooling zones and could also 
include an afterburner for carbon monoxide removal. The commenter 
believes that it is unclear whether the requirement under 40 CFR 
62.15960 to establish a minimum operating temperature applies to (a) 
the combustion chamber within a fluidized bed incinerator and the 
afterburner in a multiple hearth incinerator only, or (b) to all 
hearths/zones within a multiple hearth incinerator as well as (a), or 
(c) to only the combustion zone within a multiple hearth incinerator as 
well as (a), or (d) does not apply at all to any of the hearths/zones 
within a multiple hearth incinerator. The commenter stresses the 
importance of developing site-monitoring plans for temperature sensors 
that are affected under 40 CFR 62.15995(a)(3)(ii)(D).
    Response: The SSI federal plan does not define the term 
``combustion chamber.'' In response to the comment regarding where the 
minimum combustion temperature is applied, we are clarifying that the 
minimum combustion temperature is to be applied in the combustion zone 
of the unit. The drying hearth or zone temperature typically ranges 
between 800 and 1,400 degrees Fahrenheit. In the drying zone, the 
sludge that is dried is heated so that efficient combustion may then 
occur. We do not believe it is appropriate to establish minimum 
combustion temperature in the drying zone because the drying zone's 
purpose is to reduce the moisture and heat up the sludge, not to 
combust the sludge. The temperature of the combustion zone is typically 
1,700 degrees Fahrenheit. Combustion typically requires at least 
greater than 1400 degrees Fahrenheit to destroy solids and fixed 
carbon. We intend for the minimum combustion temperature to be applied 
in the combustion zone in order for good combustion to occur. From the 
combustion zone, the cooling zone occurs next where ash cools and heat 
is transferred to the incoming combustion air. The cooling zone also 
would not be appropriate to apply the minimum combustion temperature 
because combustion should have completed by this point.
    Comment: One commenter (12) states that they have had numerous 
discussions with the EPA about the EG and proposed federal plan's 
requirement relating to fugitive visible emissions from ash handling. 
They identify that other Maximum Achievable Control Technology 
standards specifically state that this requirement applies to emissions 
from the building to the atmosphere, not from equipment within the 
incinerator building, and EPA has confirmed in phone conversations with 
the commenter that the same is true for the visible emissions 
requirements for ash handling in the EG and proposed federal plan. The 
commenter requests that this be clearly stated in the final federal 
plan. The commenter believes that any attempt to apply the fugitive ash 
requirement within the incinerator building would be unjustified and 
lead to major compliance issues.
    Response: The underlying emissions guideline is clear that the 
requirement applies to fugitive visible emissions from the ash handling 
system. The definition of an SSI unit at 40 CFR 62.16045 describes that 
the unit includes all ash handling systems

[[Page 26050]]

connected to the bottom ash handling system and that the combustion 
unit bottom ash system ends at the truck loading station or similar 
equipment that transfers the ash to final disposal. Tables 2 and 3 of 
the federal plan regulatory text further specify that the visible 
emissions of combustion ash from an ash conveying system include 
conveyor transfer points. It is not predicated on the location of the 
ash handling system. The 2011 EG and NSPS response to public comments 
also explains that the rule should and does require that the source 
owner or operator verify that the measures necessary to limit the 
amount of fugitive dust exiting the transfer points and exhausts from 
the building are such that they meet the visible emissions 
standard.\16\ The commenter did not provide any specifics as to why the 
emission standard for fugitive emissions from ash handling is 
unjustified or would lead to major compliance issues.
---------------------------------------------------------------------------

    \16\ See Docket Identification Number EPA-HQ-OAR-2009-0559-0171.
---------------------------------------------------------------------------

    Comment: One commenter (12) states that according to the EG and the 
proposed federal plan, all of the operating parameters, with the 
exception of scrubber water pH, are to be equal to the lowest 4-hour 
average measured during the most recent compliance test. The commenter 
states that EPA staff have indicated that when writing the EG, EPA 
personnel assumed that each of the three required test runs would be 4 
hours in duration. However, the EPA included air emission test 
protocols in the final rule for performance testing that allow three 1-
hour test runs. During correspondence with EPA, the commenter states 
that EPA staff agreed that 1-hour test runs were acceptable for 
establishing operating parameters. Furthermore, the EPA agreed that the 
lowest 4-hour average should be deleted and replaced with the 1-hour 
test run average already agreed to in principle. The commenter asks the 
EPA to confirm this in writing in the final federal plan and through 
the appropriate process to update any state implementation plans, as 
well in 40 CFR part 60, subpart LLLL (NSPS for SSI units).
    Response: The EPA notes that the regulation requires a minimum 
overall sample volume for each test run, not a minimum sample time. It 
is possible that some performance tests for PM and metals may not 
require 4 hours in total to achieve the minimum sample volume for the 
three runs. However, because the operating parameters must be set based 
on a 4-hour average from the performance test, the EPA has concluded 
that it is necessary to test for at least 4 hours (in total, not per 
run), even if this means collecting more than the minimum sample volume 
prescribed in the rule.
    Comment: One commenter (12) recognizes that numerous SSI unit 
owners and operators have raised questions regarding setting and 
implementing operating limits. The commenter provides the following 
example: During a recent performance test at one facility to establish 
venturi water flow rate, when the flow rate was recorded at 344 gpm. 
The commenter asks whether the utility must set the flow rate at the 
level or whether it can set the flow rate at 340 gpm. The commenter 
states that SSI unit owners and operators are not familiar with these 
provisions and would benefit from any additional guidance the EPA can 
provide. The commenter states that some leeway makes sense due to 
measurement variability. The commenter believes that compliance with 
the parametric limit should be based on the average high/low value (as 
appropriate) plus or minus 30-percent, consistent with the existing 40 
CFR part 60, subpart O requirements. The commenter requests that the 
EPA clarify how averages are to be calculated. They state that 
utilities need to know how the x-hour averages are calculated for each 
operating parameter. Scrubber flow rate, liquid pH, combustion chamber 
operating temperature, etc. limits all depend of knowing how this 
calculation must be performed.
    Response: The rule provides sufficient flexibility to owners and 
operators to establish monitoring parameters that are achievable on an 
on-going basis. The owner and operator also has the flexibility to 
conduct repeat performance tests to re-establish performance tests 
parameters.
    While 40 CFR part 60, subpart MMMM, do not provide for the plus or 
minus 30-percent allowance that is in 40 CFR part 60, subpart O, the 
EPA notes that the operating parameter averaging times in subpart MMMM 
are much longer than the averaging times in subpart O. This is meant to 
account for the short-term fluctuations in the operating parameter 
readings and serves a similar purpose to the 30-percent allowance. The 
EPA does not think that providing the 30-percent allowance on top of 
the long averaging times is appropriate for ensuring continuous 
compliance.
    Section 62.15985 of 40 CFR part 62 describes how operating limits 
are established and Table 4 of the federal plan regulatory text 
describes how to demonstrate compliance with operating parameters 
limits. For example, minimum combustion chamber temperature is equal to 
the lowest 4-hour average combustion chamber temperature during the 
performance test. This is likely the combustion chamber measured over 
one test run, as the test run for dioxins and furans is likely to last 
around 4 hours. If this 4-hour average is 1,802 degrees Fahrenheit, the 
limit is 1,802 degrees Fahrenheit, not 1,800 degrees Fahrenheit. On a 
continuous basis, the combustion temperature would be measured and 
recorded at least once every 15 minutes, and those data would be used 
to calculate hourly arithmetic averages. The hourly average would then 
be used to calculate a 12-hour block average. The 12-hour block average 
would be compared to the lowest 4-hour average recorded during the test 
(1,802 degrees Fahrenheit in this example) to determine compliance. 
Compliance with the other operating parameter limits are demonstrated 
similarly according to the specific timeframes noted in 40 CFR 62.15985 
and Table 4 for each operating parameter.
    Comment: One commenter (12) requests that the EPA considers 
building some measure of flexibility into the site-specific operating 
limits. Specifically, the commenter suggests that the enforceable site-
specific operating limit could be higher or lower than the limit 
established during the compliance tests within some defined boundaries. 
The commenter provides an example: If the lowest total pressure drop 
during the testing is 40 inches and the particulate matter and the 
metal emissions rates are all at or below 75-percent of the 
standards,\17\ is EPA willing to reduce the total pressure drop 
operating limit to 36 inches? The commenter believes that the EPA has 
allowed this type of flexibility in its 40 CFR part 60, subpart O, and 
40 CFR part 503 requirements.
---------------------------------------------------------------------------

    \17\ The commenter acknowledges that the EG does allow for 
reduced frequency of testing for pollutants that are at or below 75-
percent of the emissions limits for at least two consecutive years.
---------------------------------------------------------------------------

    Response: This comment is outside the scope of this action, since 
EPA is adopting a federal plan that simply implements the underlying 
requirements of the EG. The EPA thanks the commenters for their 
valuable feedback and ideas. We will consider making changes to the EG 
and federal plan to incorporate the suggested revisions in the future. 
If a particular operating parameter is inappropriate for a site-
specific configuration, under 40 CFR 62.16050, 40 CFR 60.8 and 60.13 
the facility may submit an alternative

[[Page 26051]]

monitoring plan to the appropriate EPA regional office.
    Comment: One commenter (12) states that SSI unit owners and 
operators are concerned they will be required to meet the emissions 
limits required by the federal plan and the operating parameters 
immediately after the initial compliance test. Based on conversations 
with EPA regional staff, the commenter understands that, as long as an 
SSI unit continues to operate as specified in an existing title V 
permit or other authorizing document (where there is no title V 
permit), they are not required to operate the control equipment under 
the established parameters of the rule's initial compliance test until 
the compliance date of March 21, 2016 (or earlier date specified by a 
state implementation plan). The commenter asks the EPA to confirm this 
in writing.
    Response: The EPA reiterates that the final compliance date of the 
federal plan in March 21, 2016. SSI units will need to be in compliance 
by that date, including operating within the limits of the operating 
parameters they establish during the initial performance test. 
Compliance before the compliance date is encouraged but not required. 
SSI units subject to state plans may be required to meet earlier 
compliance dates. The EPA notes that SSI units must also comply with 
the requirements in their title V operating permits.
    Comment: One commenter (16) states that proposed 40 CFR 62.16015 
implies that the use of the bypass stack when sewage sludge is not 
being charged is not an emission standard deviation. Section 62.16015 
of 40 CFR part 62 states that 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 of the 
subpart. The commenter asks the EPA if this interpretation is correct. 
Similarly, the commenter states that proposed 40 CFR 62.15955 implies 
that emissions limits and standards do not apply to a bypass stack or 
vent if sewage sludge is not being combusted. Section 62.15955 of 40 
CFR part 62 states that emissions 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). The 
commenter asks EPA if their interpretation is correct.
    The commenter (16) further identified that 40 CFR 62.15970 appears 
to conflict with 40 CFR 62.15955. Section 62.15970 of 40 CFR part 62 
reads, ``emission limits and standards apply at all times and during 
period of malfunction.'' Section 62.15955 of 40 CFR part 62 includes 
the proviso ``at all times the unit is operating.'' The commenter 
interprets the statement, ``at all times'' as written in 40 CFR 
62.15970 to conflict with the implication in 40 CFR 62.15955 that 
emissions limits and standards apply to a bypass stack while sewage 
sludge is in the combustion chamber. The commenter points out that the 
term ``operating'' as used in the proposed federal plan is not defined. 
The commenter asks the EPA to clarify if the term ``operating'' is the 
period of time when sludge is being combusted in the incinerator, or is 
the term to mean any period of time that burners are on in the 
incinerator, regardless of whether or not sludge is being combusted. 
The commenter also points out that the term ``operating limits'' is 
used in the regulations, but the definition of ``operating'' is not 
clearly defined.
    Similarly, the commenter cites a discussion at 80 FR 23411, which 
states that ``any incident of deviation, resumed operation following 
shutdown, force majeure . . . are required to be reported to the 
Administrator.'' The commenter reiterates that the term ``shut-down'' 
is defined as ``the period of time after all sewage sludge has been 
combusted in the primary chamber.'' The commenter explains that it is 
common practice for an SSI facility to run out of sludge to incinerate, 
and is therefore ``shutdown'' on a regular basis, either weekly or 
possibly more frequently until they have enough sludge to incinerate. 
The commenter asks the EPA to clarify whether this discussion in the 
preamble of the federal plan proposal means that each time an SSI 
facility runs out of sludge and/or temporarily shuts off the sludge 
feed to the incinerator for operational reasons, and then resumes 
burning sludge, the Administrator must be notified. The commenter 
asserts that ``shutdown'' by definition can exist with the burners on 
but with no sludge being combusted. The commenters interprets that this 
could mean that the term ``operation'' should be defined as any time 
sludge is being combusted in the incinerator.
    The commenter further states that 40 CFR 62.15970 conflicts with 
their understanding that, during the time when sludge is not being 
combusted in the incinerator, it is not a deviation if the natural 
draft damper is open. Section 62.15970 of 40 CFR part 62 states that 
for determining compliance with the carbon monoxide (CO) concentration 
limit using CO CEMS, the correction to 7-percent oxygen does not apply 
during 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 oxygen) to 
determine the 24-hour average value. The commenter explains that CEMS 
obtain samples from the main incinerator stack, after pollution control 
equipment. The CEMS does not sample from the natural draft stack, 
therefore while the natural draft stack is open the CEMS is in essence 
sampling ambient air and therefore inclusion of the CO concentrations 
during these times seems irrelevant. The commenter states that CO is 
still required to be monitored when sludge is not being combusted in 
the incinerator during a period of shutdown. The commenter asks EPA to 
clarify why, if emission limits do not apply when sludge is not being 
combusted, CO must continue to be monitored, which requires the 
constant operation of a scrubber, a WESP, and an afterburner to obtain 
a valid CO reading.
    Response: The language in 40 CFR 62.16015 is clear in specifying 
that use of the bypass stack when sewage sludge is charged is a 
deviation of the standards. Section 62.15955 of 40 CFR part 62 also 
clearly states that the emission limits and standards apply to 
emissions from a bypass stack or vent while sewage sludge is in the 
combustion chamber. EPA disagrees with the commenter that 40 CFR 
62.15970 conflicts with 40 CFR 62.15955. The emissions standards apply 
at all times. While we would expect that the source could meet the 
emissions limit when not charging sludge (e.g., when burning a fuel 
such as natural gas), that is not a given. Therefore, we did not 
provide specific rule language for the use of the stack bypass when 
sewage sludge is not being charged as the ``flip'' side to the 
requirement at 40 CFR 62.16015 and 40 CFR 62.15955.
    Defining terms in the federal plan that are not defined in the 
underlying EG is beyond the scope of this rulemaking. CAA section 129 
clearly directs the EPA to structure the rule to include monitoring 
provisions of parameters relating to the operation of the unit and its 
pollution control equipment. Furthermore, we believe that the term 
``operating limit'' is sufficiently understood by the regulated 
community. The EPA points out that the federal plan does define the 
term ``operating day'' to mean a 24-hour period between 12:00 midnight 
and the following midnight during which any

[[Page 26052]]

amount of sewage sludge is combusted at any time in the SSI unit.\18\
---------------------------------------------------------------------------

    \18\ See 40 CFR 62.16045.
---------------------------------------------------------------------------

    Regarding the differing language ``at all times when the unit is 
operating'' in 40 CFR 62.15955 and the language ``at all times'' in 40 
CFR 62.15970, we do not believe that the underlying EG intended any 
significance to this difference. As discussed in the preamble to that 
rule, we are clear that the emissions limits and standards apply at all 
times (see 75 FR 63265 and 75 FR 63282).
    The EPA is finalizing the notification requirements as proposed to 
require that sources notify the Administrator following any incident of 
deviation, force majeure, intent to stop or start use of CMS, and 
intent of conducting or rescheduling a performance test. EPA clarifies 
that notification of resumed operation following shutdown as cited by 
the commenter at 80 FR 23411 is clear in the rule text. Specifically, 
the notification of resumed operation following shutdown of the unit is 
in the context of a qualified operator deviation. See 40 CFR 
62.15945(b)(i) and (ii), 40 CFR 62.16030(e), and table 6 in the rule. 
Please note that the rule requires other notifications associated with 
a unit ceasing operations or going ``offline''.\19\
---------------------------------------------------------------------------

    \19\ For a full list of notification requirements, please see 
Table 6 of 40 CFR part 62, supart LLL.
---------------------------------------------------------------------------

    Lastly, 40 CFR 62.15970 clearly states that operating limits only 
apply when sludge is being combusted including residence time, but the 
emission limits apply at all times. The definition of bypass stack 
indicates that the bypass stack's intended purpose is to avoid severe 
damage to air pollution control devices or other equipment.\20\ The EPA 
did not intend for facilities to use the bypass stack at all times when 
there is no sewage sludge being burned. Therefore, emissions should 
generally be routed to the main stack even during periods when sewage 
sludge is not being burned, and the requirement to continue monitoring 
the emissions with the CO CEMS is relevant, as compliance with the 
emission standard is still required during these periods.
---------------------------------------------------------------------------

    \20\ Comments received on the 2011 EG and NSPS indicate that 
bypass stacks are an essential part of the safety equipment and use 
of the stack indicates that the unit is not operating under normal 
conditions. See Docket Identification Number EPA-HQ-OAR-2009-0559-
0171.
---------------------------------------------------------------------------

    Comment: One commenter (16) asks the EPA to clarify if 40 CFR 
62.16020 includes periods of time when sludge is not being combusted in 
the incinerator. Section 62.16020 of 40 CFR part 62 states that 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. The commenter explains that it is common practice for SSIs to 
open the bypass stack and ``coast'' on natural draft during periods 
when sludge is not being combusted in the incinerator in order to save 
fuel, electricity, and wear and tear on equipment. The commenter, 
referencing their comment that they interpret 40 CFR 62.16015 to imply 
that the use of the bypass damper when sludge is not being combusted in 
the incinerator is not a deviation, asks whether the recordkeeping and 
reporting requirements of 40 CFR 62.16020 do not apply while not 
combusting sludge in the incinerator.
    Response: The rule is clear as written. The requirement to install, 
calibrate, maintain and operate a device or method for measuring the 
use of the bypass stack including date, time and duration applies when 
sludge is combusted and when sludge is not combusted.
    Comment: One commenter (16) asks the EPA to clarify if 40 CFR 
62.16015 is to be interpreted to mean that each daily calibration 
check, zero and span adjustments, and quarterly and annual calibrations 
must be reported in a deviation report. Section 62.16015 of 40 CFR part 
62 states that any data collected during monitoring system 
malfunctions, repairs, or required monitoring system quality assurance 
or control activities must be reported in a deviation report.
    Response: As the commenter notes, periods of equipment malfunction, 
repairs and out-of-control periods are to be reported as deviations. 
While we do not intend all instances of required quality assurance and 
quality control activities to be reported as deviations, to the extent 
that ongoing quality assurance and quality control activities require 
an amount of time such that an hourly average cannot be determined for 
that hour consistent with the requirements given in 40 CFR 
60.13(h)(2)(iii) (i.e., there are not enough data collected during the 
hour), those periods should also be reported as deviations. Reporting 
of such periods informs regulatory authorities when unusual 
circumstances occur, allowing increased scrutiny as necessary.
    Comment: One commenter (16) asks that the EPA clarify how 40 CFR 
62.15985 should be interpreted. Section 62.15985 of 40 CFR part 62 
states that we must perform checks at least once each process operating 
day to ensure pressure measurements are not obstructed (e.g., check for 
pressure tap plugging daily). The commenter explains that their 
pressure transducers and transmitters operate with a 4 to 20 milliamp 
signal sent to a controller that monitors the pressure reading and 
controls the equipment necessary to maintain the operating setpoint. 
Disconnection of the transducer to check ``the tap'' causes the signal 
from the transmitter to send incorrect milliamp signals back to the 
controller, which in turn can cause the controller to erroneously 
control the equipment, or, in a worst case scenario, to trigger safety 
shut-offs of the incinerator itself.
    Response: In general, we are not specifying how performance 
evaluations are to be performed. Due to the many variations in 
monitoring equipment, the manufacturer of the equipment is the best 
source for determining the proper technique for performing most 
performance evaluations. The site-specific monitoring plan must include 
information on routine quality assurance and quality control 
procedures. The plan should include not only a schedule for performing 
the performance evaluations, but also a description of how the 
evaluations will be performed. Unless specified, the EPA is providing 
the facility with discretion to determine the best method to perform 
these evaluations for these site-specific monitoring systems. The 
facility, in conjunction with the equipment manufacturer, should 
determine the best manner for demonstrating that the pressure 
measurements are not obstructed. One example of such a procedure, 
checking for pressure tap pluggage, is provided, but it is not the only 
possible option.
    Comment: One commenter (16) asks that EPA clarify how 40 CFR 
62.15990 should be interpreted. Section 62.15990 of 40 CFR part 62 
requires that a ``performance evaluation'' of a pH meter be performed 
daily. The commenter explains that companies that provide in-line 
continuous pH meters are not aware of any feature other than a 
calibration to demonstrate the accuracy of the meter, and calibrations 
are only required quarterly. The commenter points out that different 
regulators may consider the term ``performance evaluation'' 
differently, and may in fact consider a calibration as the only good 
method to determine the performance of the meter, which is not 
reasonable to do on a daily basis.
    Response: In general, we are not specifying how performance 
evaluations are to be performed. Due to the many variations in 
monitoring equipment, the EPA believes that the manufacturer of the 
equipment is the best source for determining the proper technique for

[[Page 26053]]

performing most performance evaluations. The site-specific monitoring 
plan must include information on routine quality assurance and quality 
control procedures. The plan should include not only a schedule for 
performing the performance evaluations, but also a description of how 
the evaluations will be performed. Unless specified, the EPA is 
providing the facility with discretion to determine the best method to 
perform these evaluations for these site-specific monitoring systems.
    A performance evaluation and a calibration are not meant to be the 
same thing, although a calibration could certainly suffice in lieu of a 
performance evaluation. The intent of a performance evaluation is to 
demonstrate that the equipment is still functioning within a specific 
degree of accuracy. It is akin to performing a calibration check of a 
CEMS in lieu of performing a CEMS calibration; in the former, the 
facility would merely show that the CEMS is still within a certain 
accuracy of a known standard, but the CEMS would not be adjusted in any 
way. The EPA has not provided specific examples of a pH meter 
performance evaluation, but one such example is performing a one-point 
check on a known buffer solution. The facility, in conjunction with the 
equipment manufacturer should determine the best manner for 
demonstrating that the pH meter is reading accurately each day.
    Comment: One commenter (16) discusses their overall operations. 
Their MH unit has been in operation since 1994 and the air pollution 
control devices include a venturi scrubber, a plate scrubber, a WESP, 
and a regenerative thermal oxidizer (afterburner). Their standard 
operating procedure is to initiate the combustion of sludge on Monday, 
with continuous combustion until Saturday or Sunday depending on the 
amount of sludge inventory. Once they run out of sludge, charging of 
sludge to the incinerator is stopped, and the temperature of the SSI 
unit is stabilized to what they consider to be a cool standby condition 
(hearth number 3 is at 1,100 degrees Fahrenheit). Approximately 4 hours 
after the sludge feed is stopped, well past the residence time of 
sludge in the incinerator, the induced draft fan is shut off and the 
natural draft damper opens. Monday is then used for preventative 
maintenance or other work on the unit and pollution control equipment. 
During the time when the SSI unit is on natural draft, the scrubber, 
WESP, and afterburner are off-line. This allows the commenter the 
flexibility of shutting off the WESP and/or the afterburner. Late on 
Monday, SSI unit temperatures are raised to 1,350 degrees Fahrenheit in 
preparation of again burning sludge, and the induced draft fan is re-
started, placing the scrubber, WESP, and the afterburner back on-line. 
Then sludge feed to the unit is initiated. This process occurs weekly, 
possibly more often if unexpected maintenance on any of the SSI unit 
equipment or pollution control equipment becomes necessary.
    The commenter states that the proposed federal plan appears to 
imply that now any SSI unit owner or operator can never shut the 
induced draft fan off and coast the incinerator in a cool standby 
condition with the natural draft damper open even if sludge is not 
being combusted in the SSI. The commenter believes that this is implied 
because SSI unit owners and operators are directed to average CO at 7-
percent oxygen while combusting sludge and with CO while not combusting 
sludge, to obtain the 24-hour CO average. CO monitoring probes, 
however, are only installed on the induced draft fan stack, not on the 
natural draft stack, so in order to obtain the ``average'' CO reading, 
the induced draft fan has to be on-line at all times. Further, the 
commenter believes it is implied that if the induced draft fan is shut 
off (even when not combusting sludge), this is a reportable deviation 
that could subject the facility to enforcement action. The commenter 
further describes that any facility has to be able to shut off the 
induced draft fan for preventative maintenance, for other scheduled 
maintenance, and to save fuel without having it considered a deviation 
or violation. Additionally, the commenter states that it is not 
practical to run the induced draft fan when first turning on the 
burners (start-up) after a cold shutdown. The induced draft fan is not 
sized for cold air, and the temperatures inside the MH incinerator must 
be raised slowly, in most cases not more than 50 degrees per hour with 
several extended periods of ``soak'' that are intended to protect the 
refractory and brick. Running the induced draft fan during ``start-up'' 
from a cold start requires more fuel and requires electricity, and 
makes it difficult to properly raise temperatures to the proper burning 
range. However, 40 CFR 62.15970 implies that CO readings must be 
obtained at all times after start-up, not just when combusting sludge 
in the SSI. In order to do this, the induced draft fan must be turned 
on before the burners are even lit.
    Response: Section 62.15970 of 40 CFR part 62 clearly states the 
emission limits apply at all times. The definition of bypass stack 
indicates that the bypass stack's intended purpose is to avoid severe 
damage to air pollution control devices or other equipment.\21\ As the 
commenter infers from the CO CEMS language, the EPA did not intend for 
facilities to use the bypass stack at all times when there is no sewage 
sludge being burned, and emissions should generally be routed to the 
main stack even during periods when sewage sludge is not being burned, 
except in cases when it is necessary to route emissions to the bypass 
in order to avoid damage to equipment.
---------------------------------------------------------------------------

    \21\ Comments received on the 2011 EG and NSPS indicate that 
bypass stacks are an essential part of the safety equipment and use 
of the stack indicates that the unit is not operating under normal 
conditions. See Docket Identification Number EPA-HQ-OAR-2009-0559-
0171.
---------------------------------------------------------------------------

4. Status of State Plans and Federal Plan Delegation
    Comment: Multiple commenters (09, 10, 12, 15) request that the EPA 
update the status of state plans in Table 2 of this preamble. One 
commenter (09) confirmed that the Minnesota Pollution Control Agency 
will not be submitting a state plan to the EPA but instead plans to 
incorporate federal plan requirements into the affected SSI's title V 
permits once the federal plan is promulgated. One commenter (10) 
requests that the EPA reflect that the state of Rhode Island submitted 
a draft state plan to the EPA on October 10, 2014. One commenter (12) 
identified the state of Virginia as having received EPA approval of its 
state plan. Another commenter (15) clarifies that they intend to seek 
delegation of the federal plan for SSI units.
    Response: The EPA thanks the commenters for submitting these 
updates and corrections. We have reflected these changes in the record 
to this final federal plan and in Table 2, which is included in section 
II.C. of this preamble.
    Comment: Commenters (09, 11, 12, 15) request that the EPA clarify 
the implementation roles for ``states,'' ``locals,'' and the EPA with 
respect to the implementation of the EG. One commenter (12) believes 
that the lack of clarity is particularly an issue in those states where 
there are both state and local air agencies, but the states have not 
yet developed a state plan. The commenter requests that the EPA 
continue to work with state and local regulators to address these 
concerns. Commenter (11) further outlines that the proposed federal 
plan does not clearly discuss how the authority to implement the 
federal plan will be transferred to local air agencies, especially if a 
state decides not to develop a state plan or further adopt or implement 
the federal

[[Page 26054]]

plan. The commenter states that Washington state, where five 
municipalities operate SSI units, has not expressed a decision to 
submit a draft state plan to the EPA or take delegation of the federal 
plan. The commenter is concerned with the outcome of how the three 
local agencies affected will manage the implementation of the EG. The 
commenter urges the EPA to work directly and closely with local air 
agencies in order to clearly and effectively provide authority and 
technical guidance to SSI unit operators. The commenter believes that 
such authority should extend to local agencies so they can use their 
discretion to work with SSI unit operators in determining appropriate 
final compliance dates as proposed in 40 CFR 62.15875. Another 
commenter (15) states that they are a local air authority in Washington 
state that has an approved title V program and has received regular 
delegation approvals for NSPS and NESHAP regulations (40 CFR part 60 
and 63). Their most recent delegation approval from EPA Region 10 was 
signed on February 19, 2015, for the NSPS for new SSI units at 40 CFR 
part 60, subpart LLLL. The commenter states that the local agency 
intends to seek delegation of the federal plan as soon as possible. 
This local air agency plans to expedite their request for delegation 
following the final federal plan instructions so that they can address 
the regulatory gap in the title V permits for units in their district.
    Response: The EPA is finalizing the delegations of authority 
provisions as proposed, and clarifying that local agencies may directly 
request delegation of authority to implement the SSI federal plan with 
respect to sources within their jurisdiction provided they have 
authority under state law to do so. While the preamble to the proposal 
does not specifically address how to address the situation where there 
are both state and local air agencies and the state has not yet 
developed a state plan, the EPA stated that it will do all that it can 
to expedite delegation of the federal plan to state and local agencies 
in those situations. However, since this involves resolution of issues 
of state authority, the EPA expects that local agencies will work with 
their states and the appropriate EPA regional office to resolve these 
issues affecting their ability to implement the EG under a state plan 
or delegated federal plan for the area. See 40 CFR 60.26(e). In the 
meantime, a state or tribe with an approved title V program with 
authority under state or tribal law to incorporate CAA section 111/129 
requirements into its title V permits is able to implement and enforce 
these requirements in the permitting context. See 80 FR 23413.
    As the EPA discussed in the proposed federal plan the EG are not 
directly enforceable; they are only fully implemented when the EPA 
either approves a state plan or adopts a federal plan that implements 
and enforces the EG.\22\ 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 limitation 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 for state CAA section 111(d) plans 
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.
---------------------------------------------------------------------------

    \22\ See the discussion beginning on 80 FR 23411.
---------------------------------------------------------------------------

    The EPA directs states, tribes, and locals that intend to take 
delegation of the federal plan to submit to the appropriate EPA 
regional office a written request for delegation of authority.\23\ The 
requester must explain how they meet the criteria for delegation. The 
EPA references the ``Good Practices Manual for Delegation of NSPS and 
NESHAP'' (EPA, February 1983) as a guidance document for states, 
tribes, and locals to follow. The EPA clearly describes two mechanisms 
for transferring authority to state, tribal, and local agencies: (1) 
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 of authority to a state, tribal, or local agency to 
implement certain portions of the federal plan to the extent 
appropriate and allowed by law. The EPA will generally delegate the 
entire federal plan to the requesting agency. These functions include 
administration and oversight of compliance reporting and record keeping 
requirements, SSI inspections and preparation of draft notices of 
violation, but will not include authorities retained by the EPA.
---------------------------------------------------------------------------

    \23\ See 40 CFR 62.15865 and 40 CFR 62.16050.
---------------------------------------------------------------------------

    Agencies that have taken delegation, as well as the EPA, will have 
responsibility for bringing enforcement actions against sources 
violating federal plan provisions. Specifically, the proposed federal 
plan requires that an acceptable delegation request must include the 
following: a demonstration of adequate resources and legal authority to 
administer and enforce the federal plan (e.g., attorney general's 
(AG's) opinion \24\); an inventory of affected SSI units and their air 
emissions in addition to their compliance schedules; certification and 
documentation that a public hearing on the delegation request was held; 
and a commitment to enter into a memorandum of agreement with the EPA 
Regional Administrator who sets forth the terms, conditions, and 
effective date of delegation and that serves as the mechanism for the 
transfer of authority.\25\
---------------------------------------------------------------------------

    \24\ A state's AG's opinion that its air agency has the 
authority to receive delegation and demonstrate that the rule will 
be implemented and enforced relative to the designated facilities. 
If an AG's opinion was previously submitted, the opinion should be 
updated by the attorney general at the time a new delegation request 
is submitted to the EPA. The AG's opinion will be crucial because 
promulgated EG are not written as direct requirements for designated 
facilities, but rather as requirements for the state to ensure that 
its state plan or delegation request contains enforceable 
regulations that are at least as protective as those in the EG. See 
40 CFR 60.26 and 40 CFR 62.05 for all provisions that should be 
addressed in an AG's opinion.
    \25\ Guidance and information is provided in EPA's ``Delegations 
Manual, Item 7-139, Implementation and Enforcement of 111(d)(2) and 
111(d)(2)/129(b)(3) Federal Plans.''
---------------------------------------------------------------------------

    Neither the SSI EG nor the proposed federal plan define ``state.'' 
``State'' is defined in 40 CFR 60.2, however, to mean all non-Federal 
authorities, including local agencies, interstate associations, and 
state-wide programs, that have delegated authority to implement: (1) 
the provisions of the part; and/or (2) the permit program established 
under part 70 of the chapter. The term state shall have its 
conventional meaning where clear from the context. Because ``state'' is 
not defined in either the SSI EG or proposed federal plan, the broader 
definition of ``state'' in 40 CFR 60.2 applies in the SSI federal plan. 
This is because, as provided in 40 CFR 62.01, all terms not defined 
therein have the meaning given to them in the CAA and in part 60 of the 
chapter. Based on the lack of a more specific definition of ``state'' 
in the SSI federal plan and the definition of ``state'' in 40 CFR part 
60, we are confirming here that local agencies may directly request 
delegation of authority to implement the SSI federal plan with respect 
to sources within their jurisdiction provided they have

[[Page 26055]]

authority under state law to do so and they have met all the 
requirements specified in the federal plan for taking delegation. This 
is in contrast to the situation with state plans implementing EG, in 
which we believe the request for plan approval must be submitted by the 
state.\26\
---------------------------------------------------------------------------

    \26\ See CAA section 110(a)(2)(e) and CAA section 111(d).
---------------------------------------------------------------------------

    The EPA strongly encourages state and local agencies in states that 
do not submit approvable state plans to request delegation of the 
federal plan so that they can have primary responsibility for 
implementing the 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 states, tribes, territories, and local 
agencies not only have the responsibility to carry out the EG, but also 
have the practical knowledge and enforcement resources critical to 
achieving the highest rate of compliance. It is generally preferable 
for state and local agencies to be the implementing agencies. The EPA 
reiterates that we will do all that we 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.
    Comment: One commenter (12) raises concerns regarding the EPA's 
delay of proposing the federal plan. The commenter specifically states 
that the delay has exacerbated the difficulties SSI unit owners and 
operators have faced in implementing the EG, especially given the fact 
that a majority of states have not chosen to develop their own state 
plans. The commenter encourages the EPA to move expeditiously to 
finalize the federal plan.
    Response: The EPA acknowledges this comment.
5. Inventory of Units
    Comment: One commenter (09) confirms that the EPA has properly 
identified the two SSI facilities in Minnesota that will be subject to 
this SSI federal plan. Both facilities are owned and operated by 
Metropolitan Council Environmental Services, the regional wastewater 
treatment system operator for the Twin Cities area.
    Response: The EPA thanks the commenter for confirming the accuracy 
of the unit inventory for units in their state.
6. Remand
    Comment: Two commenters (11, 12) raise concerns that the EPA has 
not yet addressed the remand in the Court Decision NACWA v. EPA. 
Specifically, commenter (11) believes that the proposed federal plan is 
ambiguous and confusing and they are in an untenable position to 
comply. The commenter highlights that this is because of the EPA's 
delay of issuing the federal plan, issuing associated policy and 
guidance directives for implementation of the rule, and the EPA's 
decision to not yet address the remand in the DC Circuit Court decision 
NACWA v. EPA, 734 F.3d. 1115. Commenter (12) believes that the EPA must 
address both the issues raised in its May 29, 2014, Petition for 
Reconsideration and the rule remand in the DC Circuit Court August 2013 
decision in NACWA v. EPA, 734 F.3d. 1115. The commenter states that it 
is inappropriate to issue a final federal plan in the absence of the 
EPA's response to the remand. The commenter believes that the EPA's 
failure to address the remand puts approximately 100 utilities in an 
untenable position: Facilities must commit millions of dollars to 
upgrade their SSI units to comply with emissions standards that the 
Court has ruled do not clearly meet CAA statutory mandates. The 
commenter discusses that they outlined further details in their 2014 
Petition for Reconsideration that the EPA must either fully address the 
Court's remand and adjust the final emissions standards as warranted or 
delay the compliance deadline for the rule to prevent this potentially 
wasteful expense of taxpayer dollars.
    Response: The EPA disagrees that issuance of the federal plan must 
be delayed until such time as we address the Court's remand of certain 
issues in NACWA v. EPA. The Court's remand was solely for the purpose 
of further explanation of the EPA's methodology. Contrary to one 
commenter's assertion, the Court did not find that the SSI rule was 
inconsistent with the CAA. Rather, the Court requested that the EPA 
better explain how its methodology meets the relevant statutory 
requirements. Further, the same commenter, which was a party in the 
NACWA case, requested that the Court vacate the SSI rule, and the Court 
declined to do so. Therefore, the Court understood and intended that 
the rule remain in place and that its implementation should move 
forward while the EPA responds to the remand. For this reason, the EPA 
also disagrees with the commenter who claimed that the SSI rule 
requirements are ``not even established requirements,'' since they 
remain in place.
    The EPA also disagrees that the agency must respond to one 
commenter's 2014 petition for Reconsideration of the SSI rule, 
submitted following the NACWA decision, before issuing the federal 
plan. Nothing in the CAA, and specifically nothing in CAA section 129, 
suggests that the EPA should postpone promulgation of a rule required 
to be issued by the CAA by a date certain in order to address a 
petition for reconsideration. Nor does the commenter point to any such 
authority. Additionally, the petition at issue requests that the EPA 
withdraw the SSI rule and instead issue a different rule for SSI units 
under section 112 of the CAA. The EPA notes that the NACWA decision 
upheld our authority to regulate SSI units under CAA section 129, 
against a challenge claiming that the EPA must regulate the units under 
CAA section 112.
7. Other Comments
    Comment: One commenter (14) remarks on the interaction of the SSI 
federal plan and 40 CFR part 503, subpart E. The commenter asks if the 
federal plan for SSI units will establish different operating limits 
and reporting requirements that may be different than those established 
under the Clean Water Act at 40 CFR part 503, subpart E. The commenter 
requests that the EPA consider a streamlined approach to facilitate a 
single set of operational parameters for demonstrating compliance.
    Response: This comment is outside the scope of the SSI federal 
plan. However, the EPA discusses the relationship of the rule to other 
standards for the use or disposal of sewage sludge and associated air 
emissions in preamble of the March 21, 2011, EG and NSPS for SSI units 
at 76 FR 15375.
    Comment: One commenter (12) discusses that some SSI units are 
subject to the standard for particulate matter under 40 CFR part 60, 
subpart O, which establishes emissions limits, monitoring requirements, 
and recordkeeping requirements that are different than the guidelines 
and standards for SSI units under 40 CFR part 60, subparts MMMM and 
LLLL. The commenter gives the example of the requirement for pressure 
drop, which is different between subpart O and subparts MMMM and LLLL. 
Specifically, subpart O pressure drop is a 15-minute average while 
subpart LLLL is a 12-hour average. The commenter is aware of at least 
one facility that has submitted a request to the EPA to allow the 
utility to demonstrate compliance with subpart O by demonstrating 
compliance with subpart LLLL or MMMM. The commenter asks that the EPA 
clarify

[[Page 26056]]

whether subpart O is superseded by the requirements of subparts MMMM 
and LLLL, if both sets of site-specific limits and reporting 
requirements apply, and whether a site-specific determination is 
necessary to avoid having to demonstrate compliance with both sets of 
requirements independently.
    Response: This comment is outside the scope of the SSI federal 
plan. 40 CFR part 60, subparts O, MMMM, and LLLL remain in effect in 
the CFR. Any affected facilities would need to comply with both 
regulations. For the most part, subparts MMMM and LLLL are more 
stringent than subpart O. Generally, if a facility is in compliance 
with the more stringent of the regulations, it would be in compliance 
with the other less stringent regulation. The EPA recognizes the 
differences between subpart O and subparts MMMM and LLLL. However, 
subparts MMMM and LLLL do not relieve SSI units of complying with 
subpart O, and therefore an owner/operator of an SSI unit that is 
affected by subpart MMMM or LLLL and subpart O would need to comply 
with both. For the scrubber pressure drop example, subpart O does 
require a much shorter averaging time (15-minute average versus 12-hour 
average), but a facility would only need to identify when this 15-
minute average is 30-percent below the average pressure drop during the 
performance test. Subparts MMMM and LLLL do not have the 30-percent 
allowance. Additionally, subparts MMMM and LLLL require data recording 
at 15-minute intervals, so facilities should already have the 15-minute 
average. Therefore, we do not believe that it is unreasonable or overly 
burdensome to comply with both limits.

B. Affirmative Defense to Malfunctions

    As proposed, this final action does not include an affirmative 
defense to malfunction events. In the 2011 SSI rule, the EPA included 
an affirmative defense that 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).\27\ The EPA intends to revise the March 21, 2011, SSI EG and 
NSPS to remove the affirmative defense provision from the EG and NSPS 
in the future.
---------------------------------------------------------------------------

    \27\ See 80 FR 23407.
---------------------------------------------------------------------------

V. Summary of Final SSI Federal Plan Requirements

    The 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 Final SSI Federal Plan
------------------------------------------------------------------------
    Element of the SSI Federal plan                  Location
------------------------------------------------------------------------
Legal authority and enforcement          Sections 129(b)(3), 111(d),
 mechanism.                               301(a),and 301(d)(4) of the
                                          CAA.
Inventory of affected SSI units........  Docket ID No. EPA-HQ-OAR-2012-
                                          0319.
Inventory of emissions.................  Docket ID No. EPA-HQ-OAR-2012-
                                          0319.
Compliance schedules...................  40 CFR 62.15875 to 62.15915.
Emissions limits and operating limits..  40 CFR 62.15955 to 62.16010.
Operator training and qualification....  40 CFR 62.15920 to 62.15950.
Testing, monitoring, recordkeeping and   40 CFR 62.16015 to 62.16040.
 reporting.
Record of public hearings..............  Docket ID No. EPA-HQ-OAR-2012-
                                          0319.
Progress reports.......................  Section IV.I. at 80 FR 23407.
------------------------------------------------------------------------

A. What are the final applicability requirements?

    The EPA finalizes the federal plan applicability requirements as 
proposed. The federal plan applies to existing SSI units meeting the 
applicability of 40 CFR 62.15855 through 62.15870 that are located in 
any state that does not currently have an approved state plan in place 
by the effective date of this federal plan. Existing SSI units 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 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 under the 
CAA.

B. What are the final compliance schedules?

    The EPA finalizes the compliance date as proposed. The final 
compliance date remains March 21, 2016. However, as discussed in 
section IV.A. of this preamble, the EPA is revising this section to 
require that all SSI unit owners or operators submit a final control 
plan and achieve compliance by March 21, 2016. (See 40 CFR 62.15875 
through 62.15915).
    The owner or operator must notify the EPA and permitting authority 
or delegated authority when they have submitted their final control 
plan and have come into compliance, as well as when and if these 
requirements are missed. The notification must identify the requirement 
and the date the requirement is achieved (or missed). If an owner or 
operator misses the deadline, the owner or operator must also notify 
the EPA and permitting authority or delegated authority when the 
requirement is achieved. The owner or operator must submit the 
notification to the applicable EPA regional office and permitting 
authority or delegated authority within 10 business days after the 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 requirement, along with its required 
completion date, follows.
    Submit Final Control Plan. To meet this requirement, the owner or 
operator of each SSI unit 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

[[Page 26057]]

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: March 21, 2016.
    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 unit is brought 
online, all necessary process changes and air pollution control devices 
are operating as designed.
    Completion date: March 21, 2016.
    Consistent with CAA section 129(f)(3), an SSI unit which does not 
achieve final compliance by March 21, 2016, would be in violation of 
the federal plan and subject to enforcement action. See Section VI of 
this preamble which discusses SSI units that have shut down or will 
shut down. The discussion in those sections includes an explanation of 
requirements for units if they plan to permanently close, units that 
have been rendered inoperable, and units that have shut down but plan 
to restart before or after the compliance date.

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

    The EPA finalizes the emissions and operating limits as proposed. 
These limits remain the same as the limits in the 2011 EG. Table 5 of 
this preamble summarizes the EG emissions limits promulgated. Existing 
sources may comply with either the PCDD/PCDF toxicity equivalence 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 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       0.095..................  0.0016.
                                        standard cubic meter
                                        @7-percent oxygen.
CO...................................  parts per million of     3,800..................  64.
                                        dry volume @7-percent
                                        oxygen.
HCl..................................  parts per million of     1.2....................  0.51.
                                        dry volume @7-percent
                                        oxygen.
Hg...................................  mg/dscm @7-percent       0.28...................  0.037.
                                        oxygen.
NOX..................................  parts per million of     220....................  150.
                                        dry volume @7-percent
                                        oxygen.
Pb...................................  milligrams per dry       0.30...................  0.0074.
                                        standard cubic meter
                                        @7-percent oxygen.
PCDD/PCDF, Toxicity Equivalence (TEQ)  nanograms per dry        0.32...................  0.10.
                                        standard cubic meter
                                        @7-percent oxygen.
PCDD/PCDF, Total Mass Basis (TMB)....  nanograms per dry        5.0....................  1.2.
                                        standard cubic meter
                                        @7-percent oxygen.
PM...................................  milligrams per dry       80.....................  18.
                                        standard cubic meter
                                        @7-percent oxygen.
SO2..................................  parts per million of     26.....................  15.
                                        dry volume @7-percent
                                        oxygen.
Fugitive emissions from ash handling.  Percent of the hourly    Visible emissions of     Visible emissions of
                                        observation period.      combustion ash from an   combustion ash from an
                                                                 ash conveying system     ash conveying system
                                                                 (including conveyor      (including conveyor
                                                                 transfer points) for     transfer points) for
                                                                 no more than 5 percent   no more than 5 percent
                                                                 of any compliance test   of any compliance test
                                                                 hourly observation       hourly observation
                                                                 period.                  period.
----------------------------------------------------------------------------------------------------------------

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

    The EPA finalizes the performance testing and monitoring provisions 
as proposed. The following paragraphs list a number of testing and 
monitoring requirements in the 2011 EG that are being finalized in the 
SSI federal plan.
1. Performance Testing
    The performance testing provisions reflect those in the SSI EG. The 
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 an option for less frequent 
testing if sources demonstrate that their emissions of regulated 
pollutants are below thresholds of the emission limits.
    This federal plan 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 units 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 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.
    The 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

[[Page 26058]]

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.
    The federal plan incorporates by reference three alternatives to 
the EPA reference test methods as shown in Table 6 below.

               Table 6--List of Incorporation by Reference
------------------------------------------------------------------------
                                                          IBR in 40 CFR
          Test method                  Publisher        part 62, subpart
                                                               LLL
------------------------------------------------------------------------
ANSI/ASME PTC 19.10-1981, Flue  Available for purchase  Sec.
 and Exhaust Gas Analyses        from the American       62.16015(b)(4)(
 [Part 10, Instruments and       Society of Mechanical   vii) and
 Apparatus].                     Engineers (ASME),       (viii),
                                 Three Park Avenue,      (b)(5)(i), and
                                 New York, NY 10016-     Tables 2 and 3
                                 5990, https://          to subpart LLL.
                                 www.asme.org/.
ASTM D6784-02 (Reapproved       Available for purchase  Sec.
 2008) Standard Test Method      from at least one of    62.16015(b)(4)(
 for Elemental, Oxidized,        the following           v) and Tables 2
 Particle-Bound and Total        addresses: American     and 3 to
 Mercury in Flue Gas Generated   Society for Testing     subpart LLL.
 from Coal-Fired Stationary      and Materials (ASTM),
 Sources (Ontario Hydro          100 Barr Harbor
 Method), approved April 1,      Drive, Post Office
 2008.                           Box C700, West
                                 Conshohocken, PA
                                 19428-2959; or
                                 ProQuest, 300 North
                                 Zeeb Road, Ann Arbor,
                                 MI 48106, http://www.astm.org/.
OAQPS Fabric Filter Bag Leak    Available from the      Sec.
 Detection Guidance, EPA-454/R-  U.S. Environmental      62.15995(b)(3).
 98-015, September 1997.         Protection Agency,
                                 1200 Pennsylvania
                                 Avenue NW.,
                                 Washington, DC 20460,
                                 (202) 272-0167, http://www.epa.gov.
------------------------------------------------------------------------

    These tests are discussed further in section IX.I. of this 
preamble, titled ``National Technology Transfer and Advancement Act 
(NTTAA).''
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 the 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 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 CMS is used to 
demonstrate compliance with the emissions limits.
3. Electronic Data Submittal
    The EPA is finalizing as proposed that owners and operators of SSI 
units are required to submit electronic copies of certain required 
performance test reports through the EPA's Central Data Exchange (CDX) 
using the Compliance and Emissions Data Reporting Interface (CEDRI). 
This mirrors the 2011 EG for SSI units. As stated in the proposed 
preamble, electronic submittal of the reports addressed in this 
rulemaking will increase the usefulness of the data contained in those 
reports, is in keeping with current trends in data availability, will 
further assist in the protection of public health and the environment 
and will ultimately result in less burden on the regulated community. 
Electronic reporting can also eliminate paper-based, manual processes, 
thereby saving time and resources, simplifying data entry, eliminating 
redundancies, minimizing data reporting errors and providing data 
quickly and accurately to the affected facilities, air agencies, the 
EPA and the public.
    As mentioned in the preamble of the proposal, the EPA Web site that 
stores the submitted electronic data, WebFIRE, will be easily 
accessible and will provide a user-friendly interface that any 
stakeholder could access. By making the records, data and reports 
addressed in this rulemaking readily available, the EPA, the regulated 
community and the public will benefit when the EPA conducts its CAA-
required technology and risk-based reviews. As a result of having 
reports readily accessible, our ability to carry out comprehensive 
reviews will be increased and achieved within a shorter period of time.
    We anticipate fewer or less substantial information collection 
requests (ICRs) in conjunction with prospective CAA-required technology 
and risk-based reviews may be needed. We expect this to result in a 
decrease in time spent by industry to respond to data collection 
requests. We also expect the ICRs to contain less extensive stack 
testing provisions, as we will already have stack test data 
electronically. Reduced testing requirements would be a cost savings to 
industry. The EPA should also be able to conduct these required reviews 
more quickly. While the regulated community may benefit from a reduced 
burden of ICRs, the general public benefits from the agency's ability 
to provide these required reviews more

[[Page 26059]]

quickly, resulting in increased public health and environmental 
protection.
    Air agencies could benefit from more streamlined and automated 
review of the electronically submitted data. Having reports and 
associated data in electronic format will facilitate review through the 
use of software ``search'' options, as well as the downloading and 
analyzing of data in spreadsheet format. The ability to access and 
review air emission report information electronically will assist air 
agencies to more quickly and accurately determine compliance with the 
applicable regualtions, potentially allowing a faster response to 
violations which could minimize harmful air emissions. This benefits 
both air agencies and the general public.
    For a more thorough discussion of electronic reporting required by 
this rule, see the discussion in the preamble of the proposal. 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 will 
save industry, air agencies, and the EPA significant time, money, and 
effort while improving the quality of emission inventories, air quality 
regulations, and enhancing the public's access to this important 
information.

E. What are the final recordkeeping and reporting requirements?

    The EPA finalizes the recordkeeping and reporting requirements as 
proposed. These requirements reflect those finalized in the 2011 EG. 
The 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, final 
compliance reports are required following the completion of each 
requirement and identifying any missed requirement. See section V.B of 
this preamble for a more detailed discussion of the compliance 
schedules.

F. What other requirements is the EPA finalizing?

    The EPA finalizes other requirements as proposed. 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 units 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 Units That Have or Will Shut Down

A. Units That Plan To Close

    The federal plan establishes that if owners or operators plan to 
permanently close currently operating SSI units, 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 an SSI unit 
will be set forth at 40 CFR 62.15915, subpart LLL. The requirements to 
close an SSI unit also apply to ``mothballed unit'' or inactive unit 
situations which a unit does not operate and is not rendered 
inoperable. Until such time as a unit is permanently closed, it must 
comply with any applicable requirements of the federal plan. 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

    The federal plan provides that in cases where an SSI unit 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 unit may be left off the source inventory in a state plan or this 
proposed federal plan. An SSI unit that has been rendered inoperable 
would not be covered by the federal plan.

C. SSI Units That Have Shut Down

    The unit inventory for this federal plan includes any SSI unit that 
are known to have already shut down (but are not known to be 
inoperable).
1. Restarting Before the Final Compliance Date
    If the owner or operator of an inactive SSI unit plans to restart 
before the final compliance date, the owner or operator must submit the 
final control plan and achieve final compliance by the final date 
specified in the federal plan. Final compliance is required for all 
pollutants and all SSI units no later than the final compliance date, 
March 21, 2016.
2. Restarting After the Final Compliance Date
    As proposed, if the owner or operator of an SSI unit closes the SSI 
unit, but restarts the unit after the final compliance date of March 
21, 2016, 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 units 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. An SSI unit 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 units 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.

[[Page 26060]]

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 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 to state, tribal, and local agencies is the EPA's preferred 
outcome because 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, 
tribal, and local agencies, whenever possible, in cases where states 
are unable to develop and submit approvable state plans.

B. 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, tribe, or local 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 units in a state become subject to the federal plan, the 
state or tribal agency may still adopt and submit a state or tribal 
plan to the EPA. If the EPA determines that the state or tribal plan is 
as protective as the EG, the EPA will approve the state or tribal 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 units covered in the plan would remain subject to the 
federal plan until a plan covering those SSI units is approved and 
effective. Prior to disapproval, the EPA will work with states and 
tribes to attempt to reconcile areas of the plan that remain not as 
protective as the EG.
    Upon the effective date of a state or tribal plan, the federal plan 
would no longer apply to SSI units covered by such a plan and the 
state, tribe, territory, or local agency would implement and enforce 
the state plan in lieu of the federal plan. When an EPA regional office 
approves a state or tribal plan, it will amend the appropriate subpart 
of 40 CFR part 62 to indicate such approval.
2. State, Tribe, Territory, or Local Takes Delegation of the Federal 
Plan
    The EPA, in its discretion, may delegate to state, tribe, 
territorial, or local agencies the authority to implement this federal 
plan. As discussed above, the EPA has concluded that it is advantageous 
and the best use of resources for states, tribes, territories, 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, tribal, territorial or local 
law. If a state, tribe, territory, or local requests delegation, the 
EPA will generally delegate the entire federal plan to the state, 
tribe, territory, or local agency. These functions include 
administration and oversight of compliance reporting and recordkeeping 
requirements, SSI unit inspections and preparation of draft notices of 
violation, but will not include any authorities retained by the EPA. 
Agencies that have taken delegation, as well as the EPA, will have 
responsibility for bringing enforcement actions against sources 
violating federal plan provisions.

C. 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.

D. Delegation of the Federal Plan and Retained Authorities

    If a state, tribe, territory, or local agency intends to take 
delegation of the federal plan, the state, tribe, territory, or local 
agency should submit to the appropriate EPA regional office a written 
request for delegation of authority. The state, tribe, territory, or 
local agency 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, tribe, territory, or local agency 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 
or rendered inoperable, 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, tribe, territory, 
or local agency delegation request, and (4) include a memorandum of 
agreement between the state, tribe, territory, or local agency 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, tribe, territory, or 
local agency the EPA will implement the federal plan. Also, if a state, 
tribe, territory, or local agency 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, tribe, territory, 
or local agency even when the agency 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, tribe, or local 
to approve the following items promulgated in the 2011 EG and NSPS:
    1. Alternatives to the emissions limits in Table 5 of this document
    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).
    SSI unit owners or operators who wish to petition the agency for 
any alternative requirement should submit a

[[Page 26061]]

request to the Regional Administrator with a copy sent to the 
appropriate state.

VIII. Title V Operating Permits

    All existing SSI units regulated under state, tribal, 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.\28\
---------------------------------------------------------------------------

    \28\ 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 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.\29\
---------------------------------------------------------------------------

    \29\ 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 or tribal plan or delegation of a federal 
plan.\30\ Legally, delegation of a standard or requirement results in a 
delegated state, local, 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, 
tribe, or local (except for functions that the EPA retains for itself) 
upon delegation.\31\ Although a state, local, or tribe may have the 
authority under state, local, or tribal law to incorporate CAA section 
111/129 requirements into its title V permits, and implement and 
enforce these requirements in these permits without first taking 
delegation of the CAA section 111/129 federal plan, the state, local, 
or tribe is not standing in for the EPA as a matter of federal law in 
this situation. Where a state, local, 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 
40 CFR 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, local, or tribe.
---------------------------------------------------------------------------

    \30\ 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).
    \31\ 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, local, or tribe may have the authority 
under state, local, 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.\32\ Some states, locals, or tribes, 
however, may not be able to implement and enforce a CAA section 111/129 
standard in a title V permit under state, local, or tribal law until 
the CAA section 111/129 standard has been delegated. In these 
situations, a state, local, 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.
---------------------------------------------------------------------------

    \32\ 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 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, local, or tribe does not 
need to take delegation of the CAA section 111/129 requirements for 
purposes of title V permitting.\33\ In practical terms, without 
approval of a state or tribal plan, delegation of a federal plan, or an 
adequate AG's opinion, states, locals, and tribes with approved 40 CFR 
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 40 CFR part 70 program. As a result, prior to a 
state, local, or tribal permitting authority drafting a part 70 permit 
for a source subject to a CAA section 111/129 federal plan, the state, 
local, 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.
---------------------------------------------------------------------------

    \33\ It is important to note that an AG's opinion submitted at 
the time of initial title V program approval is sufficient if it 
demonstrates that a state or tribe has adequate authority to 
incorporate 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, local, or tribe 
all reports required by the standard to be submitted

[[Page 26062]]

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 CAA 
section 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 
CAA section 111/129 federal plan. See, e.g., section V.B of this 
preamble titled ``What are the final compliance schedules?''.
    It is important to note that the EPA is not using its authority 
under 40 CFR 70.4(i)(3) to request that all states, locals, 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 these 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 for 
review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action rather finalizes the SSI federal plan to implement 
the EG adopted on March 21, 2011,\34\ for those states that do not have 
a state plan implementing the EG.
---------------------------------------------------------------------------

    \34\ See 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. EG for 
owners of existing SSI units were established by the March 21, 2011, 
final rule (76 FR 15372), and that rule was certified as not having a 
significant economic impact on a substantial number of small entities. 
This action 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. The 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, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. The EPA is not aware of any SSI units owned or 
operated by Indian tribal governments. Thus, Executive Order 13175 does 
not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.
    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children.

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.
    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution or use of energy.

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

    This action involves technical standards. Please reference Table 6 
of this preamble for the locations where these standards are available. 
The EPA has decided 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. The EPA determined that this standard is 
reasonably available because it is available for purchase. 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)'' for its manual method of measuring mercury is an 
acceptable alternative to Method 29 and 30B. The EPA determined that 
this standard is reasonably available because it is available for 
purchase. The EPA further determined to use OAQPS Fabric Filter Bag 
Leak Detection Guidance, EPA-454/R-98-015, September 1997, for its 
guidance on the use of tiboelectic monitors as bag leak detectors for a 
fabric filter air pollution control device and monitoring system 
decriptions, selection, installation, set up, adjustment, operation, 
and quality assurance procedures. The EPA determined that this standard 
is reasonably available because it is freely available from the EPA. 
Lastly, the EPA 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 rule, we have decided not to use these VCS in this rulemaking. 
The use of

[[Page 26063]]

these VCS would be impractical because they do not meet the objectives 
of the standards cited in this rule. See the docket for the 2011 EG 
(Docket ID No. EPA-HQ-OAR-2009-0539), which is being implemented under 
this 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 40 CFR 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.

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

    The EPA has concluded that 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 finding is based on an 
analysis of demographic data conducted for the 2011 EG. This federal 
plan implements the 2011 EG. The previous analysis of demographic data 
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 Docket Identification Number EPA-HQ-OAR-2009-0559). This 
final federal plan implements national standards in the 2011 EG that 
would result in reduction in emissions of many of the listed Hazardous 
Air Pollutants 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, PM and PM2.5 
microns or less, and SO2. SO2 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.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

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: February 22, 2016.
Gina McCarthy,
Administrator.

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

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

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

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

Subpart KKK--[Added and Reserved]

0
2. Add and reserve subpart KKK.

0
3. Add subpart LLL to read as follows:
Subpart LLL--Federal Plan Requirements for Sewage Sludge Incineration 
Units Constructed on or Before October 14, 2010

Applicability

Sec.
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 unit is covered by an approved 
and effective state or tribal plan?
62.15870 If my SSI unit 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 [Reserved]
62.15885 What must I include in the notifications of achievement of 
compliance?
62.15890 When must I submit the notifications of achievement of 
compliance?
62.15895 What if I do not meet the compliance date?
62.15900 How do I comply with the requirement for submittal of a 
control plan?
62.15905 How do I achieve 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?

[[Page 26064]]

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?

Table 1 to Subpart LLL of Part 62--Compliance Schedule for Existing 
Sewage Sludge Incineration Units

Table 2 to Subpart LLL of Part 62--Emission Limits and Standards for 
Existing Fluidized Bed Sewage Sludge Incineration Units

Table 3 to Subpart LLL of Part 62--Emission Limits and Standards for 
Existing Multiple Hearth Sewage Sludge Incineration Units

Table 4 to Subpart LLL of Part 62--Operating Parameters for Existing 
Sewage Sludge Incineration Units

Table 5 to Subpart LLL of Part 62--Toxic Equivalency Factors

Table 6 to Subpart LLL of Part 62--Summary of Reporting Requirements 
for Existing Sewage Sludge Incineration Units

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

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 unit is covered by an 
approved and effective state or tribal plan?

    This part contains a list of all states and tribal areas with 
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.  60.5015(a)(1), (2), and (7) of this 
chapter.
    (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 unit 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?

    Except as provided in paragraph (b) of this section, you must 
submit a final control plan and achieve final compliance specified by 
the date in paragraph (a) of this section:
    (a) March 21, 2016, as specified in Table 1 of this subpart.
    (b) March 21, 2017, for East Bank Wastewater Treatment Plant, 6501 
Florida Avenue, New Orleans, Louisiana 70117, and for the Bayshore 
Regional Wastewater Treatment Plant, 100 Oak Street, Union Beach, New 
Jersey 07735.


Sec.  62.15880  [Reserved]


Sec.  62.15885  What must I include in the notifications of achievement 
of compliance?

    Your notification of achievement of compliance must include the 
three items specified in paragraphs (a) through (c) of this section:
    (a) Notification that the final control plan has been submitted and 
final compliance has been achieved;
    (b) Any items required to be submitted with the final control plan 
and final compliance; and
    (c) Signature of the owner or operator of the SSI unit.


Sec.  62.15890  When must I submit the notifications of achievement of 
compliance?

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


Sec.  62.15895  What if I do not meet the compliance date?

    If you fail to submit a final control plan and achieve final 
compliance, you must submit a notification to the Administrator 
postmarked within 10 business days after the compliance date in Table 1 
to this subpart. You must inform the Administrator that you did not 
achieve compliance, and you must

[[Page 26065]]

continue to submit reports each subsequent calendar month until a final 
control plan is submitted and final compliance is met. An SSI unit that 
operates out of compliance after the final compliance date would be in 
violation of the federal plan and subject to enforcement action.


Sec.  62.15900  How do I comply with the requirement for submittal of a 
control plan?

    For your control plan, 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 achieve final compliance?

    For achieving final compliance, 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, you must submit a final control plan and achieve 
final compliance as specified in Sec.  62.15875.
    (b) If you close your SSI unit but will restart it after the 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 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;
    (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

[[Page 26066]]

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 by November 30, 2016, 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.

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.  
62.15875. 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.  62.15875;
    (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:

[[Page 26067]]

    (a) Meet the applicable operating limits and requirements in Sec.  
60.4850 of this chapter, 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 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 of this chapter. 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

[[Page 26068]]

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 of this chapter 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) of this chapter, 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) of this chapter 
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) of this chapter 
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) of this chapter 
to develop a monitoring plan. For mercury continuous automated sampling 
systems, you must use Performance Specification 12B of appendix B of 
part 75 of this chapter and Procedure 5 of appendix F of part 60 of 
this chapter.
    (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.
    (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) of this chapter 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) of this chapter 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) of this chapter 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) of this chapter 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) of 
this chapter to demonstrate compliance with the

[[Page 26069]]

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.
    (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.  62.15875. 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) of this chapter 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) of this chapter, 
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 of this chapter.
    (B) The applicable performance specifications (e.g., relative 
accuracy tests) in appendix B of part 60 of this chapter.
    (C) The applicable procedures (e.g., quarterly accuracy 
determinations and daily calibration drift tests) in appendix F of part 
60 of this chapter.
    (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

[[Page 26070]]

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 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) of this chapter.
    (5) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  60.13 of this chapter.
    (6) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  60.7(b), (c) introductory text, 
(c)(1), (c)(4), (d), (e), (f), and (g) of this chapter.
    (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 (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

[[Page 26071]]

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 OAQPS Fabric Filter Bag Leak 
Detection Guidance, EPA-454/R-98-015, September 1997. The Director of 
the Federal Register approves this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a 
copy from the U.S. Environmental Protection Agency, 1200 Pennsylvania 
Avenue NW., Washington, DC 20460, (202) 272-0167, http://www.epa.gov. 
You may inspect a copy at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (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) of this chapter. 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 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).

[[Page 26072]]

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 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 of 
this chapter 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) of this chapter, 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) of this chapter 
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) of this chapter 
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) 
of this chapter. For mercury continuous automated sampling systems, you 
must use Performance Specification 12B of appendix B of part 75 of this 
chapter and Procedure 5 of appendix F of part 60 of this chapter.
    (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

[[Page 26073]]

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) of this chapter 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.
    (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) of 
this chapter. 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

[[Page 26074]]

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] TR29AP16.025

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 (a)(7) 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 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 of this chapter.
    (ii) The following performance specifications of appendix B of part 
60 of this chapter, as applicable:
    (A) For particulate matter, Performance Specification 11 of 
appendix B of part 60 of this chapter.
    (B) For hydrogen chloride, Performance Specification 15 of appendix 
B of part 60 of this chapter.

[[Page 26075]]

    (C) For carbon monoxide, Performance Specification 4B of appendix B 
of part 60 of this chapter with spans appropriate to the applicable 
emission limit.
    (D) [Reserved]
    (E) For mercury, Performance Specification 12A of appendix B of 
part 60 of this chapter.
    (F) For nitrogen oxides, Performance Specification 2 of appendix B 
of part 60 of this chapter.
    (G) For sulfur dioxide, Performance Specification 2 of appendix B 
of part 60 of this chapter.
    (iii) For continuous emissions monitoring systems, the quality 
assurance procedures (e.g., quarterly accuracy determinations and daily 
calibration drift tests) of appendix F of part 60 of this chapter 
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 of 
this chapter.
    (B) For hydrogen chloride, Procedure 1 in appendix F of part 60 of 
this chapter 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 of this chapter.
    (C) For carbon monoxide, Procedure 1 in appendix F of part 60 of 
this chapter.
    (D) [Reserved]
    (E) For mercury, Procedures 5 in appendix F of part 60 of this 
chapter.
    (F) For nitrogen oxides, Procedure 1 in appendix F of part 60 of 
this chapter.
    (G) For sulfur dioxide, Procedure 1 in appendix F of part 60 of 
this chapter.
    (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 paragraph 
(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) 
(see paragraph (e) of this section).
    (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, Flue and 
Exhaust Gas Analyses [Part 10, Instruments and Apparatus] must be used 
(see paragraph (e) of this section). For sources that have actual inlet 
emissions less than 100 parts per million dry volume, the relative 
accuracy criterion for the 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 paragraph 
(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, Flue and Exhaust Gas 
Analyses [Part 10, Instruments and Apparatus], as applicable, must be 
used (see paragraph (e) of this section).
    (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, 
Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], as 
applicable, must be used to determine the oxygen concentration at the 
same location as the carbon dioxide monitor(see paragraph (e) of this 
section).
    (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) of this chapter.
    (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) of this 
chapter, 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

[[Page 26076]]

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) of this 
chapter.
    (ii) Collect data according to Sec.  60.58b(p)(5) of this chapter 
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) of this chapter.
    (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.
    (e) Incorporation by reference. These standards are incorporated by 
reference into this section with the approval of the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
All approved material is available for inspection at the U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460, (202) 272-0167, http://www.epa.gov. You may also 
inspect a copy at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (1) American Society of Mechanical Engineers (ASME), Three Park 
Avenue, New York, NY 10016-5990 (Phone: 1-800-843-2763; Web site: 
https://www.asme.org/).
    (i) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus].
    (ii) [Reserved]
    (2) ASTM Int'l, 100 Barr Harbor Drive, Post Office Box C700, West 
Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann 
Arbor, MI 48106 (Phone: 1-877-909-2786; Web site: http://www.astm.org/
).
    (i) ASTM D6784-02 (Reapproved 2008) Standard Test Method for 
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas 
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), 
approved April 1, 2008.
    (ii) [Reserved]
    (3) U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue 
NW., Washington, DC 20460, (202) 272-0167, http://www.epa.gov.
    (i) OAQPS Fabric Filter Bag Leak Detection Guidance, EPA-454/R-98-
015, September 1997.
    (ii) [Reserved]


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) of this chapter.
    (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.
    (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 of this 
chapter. Additionally:
    (i) For carrier gas flow rate monitors (for activated carbon 
injection), during the performance test conducted pursuant to Sec.  
60.4885 chapter, 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 of this chapter, 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 of this chapter. 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

[[Page 26077]]

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 of this chapter.
    (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) Final control plan and final compliance. 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 unit 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.
    (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

[[Page 26078]]

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 this chapter 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) Final control plan and final compliance report. You must submit 
the following reports, as applicable:
    (1) A final control plan as specified in Sec. Sec.  62.15875 and 
62.15900.
    (2) You must submit your notification of achievement of submitting 
the final control plan and achieving final compliance no later than 10 
business days after the compliance date as specified in Sec. Sec.  
62.15885 and 62.15890.
    (3) If you fail to submit the final control plan and achieve final 
compliance, you must submit a notification to the Administrator 
postmarked within 10 business days after the compliance date, 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 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.

[[Page 26079]]

    (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 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.

[[Page 26080]]

    (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) of this chapter 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 of this chapter 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 (h)(2)(i) and (ii) of this section.
    (i) Within 60 days after the date of completing each performance 
test (see Sec.  60.8 of this chapter) required by this subpart, you 
must submit the results of the performance test according to the method 
specified by either paragraph (h)(2)(i)(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), at the time of the test, 
you must submit the results of the performance test to the Compliance 
and Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed 
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).) 
Performance test data must be submitted in a file format generated 
through the use of the EPA's ERT or an alternate electronic file format 
consistent with the extensible markup language (XML) schema listed on 
the EPA's ERT Web site. If you claim that some of the performance test 
information being transmitted is confidential business information 
(CBI), you must submit a complete file generated through the use of the 
EPA's ERT or an alternate electronic file consistent with the XML 
schema listed on the EPA's ERT Web site, 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/OAQPS/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 
(h)(2)(i)(A).
    (B) For data collected 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 of this chapter.
    (ii) Within 60 days after the date of completing each CEMS 
performance evaluation (as defined in Sec.  63.2 of this chapter), you 
must submit the results of the performance evaluation according to the 
method specified by either paragraph (h)(2)(ii)(A) or (B) of this 
section.
    (A) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit

[[Page 26081]]

(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 via the CEDRI. (CEDRI can be accessed through the EPA's 
CDX.) Performance evaluation data must be submitted in a file format 
generated through the use of the EPA's ERT or an alternate file format 
consistent with the XML schema listed on the EPA's ERT Web site. 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 or an alternate electronic file consistent 
with the XML schema listed on the EPA's ERT Web site, including 
information claimed to be CBI, on a compact disk, flash drive, or other 
commonly used electronic storage media to the EPA. The electronic 
storage media must be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via 
CDX as described earlier in this paragraph (h)(2)(ii)(A).
    (B) For any performance evaluations of continuous monitoring 
systems measuring RATA pollutants that are not supported by the EPA's 
ERT as listed on the EPA's ERT Web site, you must submit the results of 
the performance evaluation to the Administrator at the appropriate 
address listed in Sec.  60.4 of this chapter.
    (3) Changing report dates. If the Administrator agrees, you may 
change the semiannual or annual reporting dates. See Sec.  60.19(c) of 
this chapter 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 
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), 70.5(a)(1)(i), 71.3(a) and (b), and 
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 
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 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 of this chapter.
    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 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.,

[[Page 26082]]

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 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 [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.

[[Page 26083]]

    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) 
of this chapter.

   Table 1 to Subpart LLL of Part 62--Compliance Schedule for Existing
                    Sewage Sludge Incineration Units
------------------------------------------------------------------------
       Comply with these  requirements                By this date
------------------------------------------------------------------------
1--Submit final control plan.................  March 21, 2016, for all
                                                units except East Bank
                                                Wastewater Treatment
                                                Plant, New Orleans,
                                                Louisiana, and Bayshore
                                                Regional Wastewater
                                                Treatment Plant in Union
                                                Beach, Monmouth County,
                                                NJ.
2--Final compliance..........................  For East Bank Wastewater
                                                Treatment Plant, New
                                                Orleans, Louisiana, and
                                                Bayshore Regional
                                                Wastewater Treatment
                                                Plant in Union Beach,
                                                Monmouth County, NJ,
                                                March 21, 2017.
------------------------------------------------------------------------


    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 \1\       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,
                                    (total mass basis); or.    standard cubic meters     appendix A-7).
                                                               per run).
Dioxins/furans (toxic equivalency  0.10 nanograms per dry
 basis) \2\.                        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) \3\ , 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).3 5
                                                               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        1981.3 4
                                                               sample for a minimum
                                                               duration of one hour
                                                               per run).
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.

[[Page 26084]]

 
Fugitive emissions from ash        Visible emissions of       Three 1-hour observation  Visible emission test
 handling.                          combustion ash from an     periods.                  (Method 22 at 40 CFR
                                    ash conveying system                                 part 60, appendix A-7).
                                    (including conveyor
                                    transfer points) for no
                                    more than 5 percent of
                                    any compliance test
                                    hourly observation
                                    period.
----------------------------------------------------------------------------------------------------------------
\1\ All emission limits are measured at 7-percent oxygen, dry basis at standard conditions.
\2\ 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.
\3\ The Director of the Federal Register approves these incorporations by reference in accordance with 5 U.S.C.
  552(a) and 1 CFR part 51. You may inspect these standards at U.S. Environmental Protection Agency, 1200
  Pennsylvania Avenue NW., Washington, DC 20460, (202) 272-0167, http://www.epa.gov. You may also inspect a copy
  at the National Archives and Records Administration (NARA). For information on the availability of this
  material at NARA, call 202-741-6030, or go to: {HYPERLINK ``http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html''{time} .
\4\ ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American
  Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016-5990 (Phone: 1-800-843-2763; Web
  site: https://www.asme.org/).
\5\ ASTM D6784-02 (Reapproved 2008) Standard Test Method for Elemental, Oxidized, Particle-Bound and Total
  Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), [approved April 1,
  2008]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959;
  ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106 (Phone: 1-877-909-2786; Web site: http://www.astm.org/).


   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 \1\       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
                                    standard cubic meter; or.  minimum volume of 1 dry   23 at 40 CFR part 60,
                                                               standard cubic meters     appendix A-7).
                                                               per run).
Dioxins/furans (toxic equivalency  0.32 nanograms per dry
 basis). \2\                        standard cubic meter.
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),\3\ 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).3 5
                                                               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        1981.3 4
                                                               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 26085]]

 
Fugitive emissions from ash        Visible emissions of       Three 1-hour observation  Visible emission test
 handling.                          combustion ash from an     periods.                  (Method 22 at 40 CFR
                                    ash conveying system                                 part 60, appendix A-7).
                                    (including conveyor
                                    transfer points) for no
                                    more than 5 percent of
                                    any compliance test
                                    hourly observation
                                    period.
----------------------------------------------------------------------------------------------------------------
\1\ All emission limits are measured at 7-percent oxygen, dry basis at standard conditions.
\2\ 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.
\3\ The Director of the Federal Register approves these incorporations by reference in accordance with 5 U.S.C.
  552(a) and 1 CFR part 51. You may inspect these standards at U.S. Environmental Protection Agency, 1200
  Pennsylvania Avenue NW., Washington, DC 20460, (202) 272-0167, http://www.epa.gov. You may also inspect a copy
  at the National Archives and Records Administration (NARA). For information on the availability of this
  material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
\4\ ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American
  Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016-5990 (Phone: 1-800-843-2763; Web
  site: https://www.asme.org/).
\5\ ASTM D6784-02 (Reapproved 2008) Standard Test Method for Elemental, Oxidized, Particle-Bound and Total
  Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), [approved April 1,
  2008]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959;
  ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106 (Phone: 1-877-909-2786; Web site: http://www.astm.org/).


    Table 4 to Subpart LLL of Part 62--Operating Parameters for Existing Sewage Sludge Incineration Units \1\
----------------------------------------------------------------------------------------------------------------
                                                               And monitor using these minimum frequencies
                                                        --------------------------------------------------------
 For these operating parameters    You must establish                                            Data averaging
                                 these operating limits   Data measurement    Data recording       period for
                                                                                   \2\             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...  Not applicable...  Not applicable.
 handling.                        operating
                                  requirements.
----------------------------------------------------------------------------------------------------------------
                                                    Scrubber
----------------------------------------------------------------------------------------------------------------
Pressure drop across each wet    Minimum pressure drop.  Continuous.......  Every 15 minutes.  12-hour block.
 scrubber.
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 of the bag leak detection system alarm (this operating limit
 detection system alarm.          is provided in Sec.   60.4850 and is not established on a site-specific basis)
----------------------------------------------------------------------------------------------------------------
                                           Electrostatic precipitator
----------------------------------------------------------------------------------------------------------------
Secondary voltage of the         Minimum power input to  Continuous.......  Hourly...........  12-hour block.
 electrostatic precipitator       the electrostatic
 collection plates.               precipitator
                                  collection plates.
Secondary amperage of the
 electrostatic precipitator
 collection plates
Effluent water flow rate at the  Minimum effluent water  Hourly...........  Hourly...........  12-hour block.
 outlet of the electrostatic      flow rate at the
 precipitator.                    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/furan
 rate.                            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.
----------------------------------------------------------------------------------------------------------------

[[Page 26086]]

 
                                                   Afterburner
----------------------------------------------------------------------------------------------------------------
Temperature of the afterburner   Minimum temperature of  Continuous.......  Every 15 minutes.  12-hour block.
 combustion chamber.              the afterburner
                                  combustion chamber.
----------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ 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.


      Table 5 to Subpart LLL of Part 62--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                     Toxic equivalency
               Dioxin/furan isomer                        factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin.......  1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin.....  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\1\
----------------------------------------------------------------------------------------------------------------
                Report                           Due date                     Contents               Reference
----------------------------------------------------------------------------------------------------------------
Final control plan and final            No later than 10 business  1. Final control plan                    Sec.
 compliance report.                      days after the             including air pollution         62.16030(a).
                                         compliance date.           control device descriptions,
                                                                    process changes, type of
                                                                    waste to be burned, and the
                                                                    maximum design sewage sludge
                                                                    burning capacity.
                                                                   2. Notification of any
                                                                    failure to submit the final   ..............
                                                                    control plan and achieve
                                                                    final compliance.
                                                                   3. Notification of any
                                                                    closure.
Initial compliance report.............  No later than 60 days      1. Company name and address..            Sec.
                                         following the initial     2.Statement by a responsible     62.16030(b).
                                         performance test.          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\2\
                                                                    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.

[[Page 26087]]

 
Annual compliance report..............  No later than 12 months    1. Company name and address..            Sec.
                                         following the submission  2. Statement and signature by    62.16030(c).
                                         of the initial             responsible official..
                                         compliance report;        3. Date and beginning and
                                         subsequent reports are     ending dates of report..
                                         to be submitted no more   4. If a performance test was
                                         than 12 months following   conducted during the
                                         the previous report.       reporting period, the
                                                                    results of the test,
                                                                    including any new operating
                                                                    limits and associated
                                                                    calculations and the type of
                                                                    activated carbon used, if
                                                                    applicable..
                                                                   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  If using a CMS:                          Sec.
 emission limits, emission standards,    year for data collected   1. Company name and address..    62.16030(d).
 or operating limits, as specified in    during the first half of  2. Statement by a responsible
 Sec.   62.16030(e)(1)).                 the calendar year; by      official..
                                         February 1 of a calendar  3. The calendar dates and
                                         year for data collected    times your unit deviated
                                         during the second half     from the emission limits or
                                         of the calendar year.      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 unit.
                                                                   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          1. Statement of cause of                 Sec.
 deviation (if all qualified operators   deviation.                 deviation.                      62.16030(e).
 are not accessible for 2 weeks or                                 2. Description of actions
 more).                                                             taken to ensure that a
                                                                    qualified operator will be
                                                                    available.
                                                                   3. The date when a qualified
                                                                    operator will be accessible.

[[Page 26088]]

 
Notification of status of qualified     Every 4 weeks following    1. Description of actions                Sec.
 operator deviation.                     notification of            taken to ensure that a          62.16030(e).
                                         deviation.                 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        1. Notification that you have            Sec.
 following shut down (due to qualified   obtaining a qualified      obtained a qualified            62.16030(e).
 operator deviation and as specified     operator and resuming      operator and are resuming
 in Sec.   62.15945(b)(2)(i).            operation.                 operation.
Notification of a force majeure.......  As soon as practicable     1. Description of the force              Sec.
                                         following the date you     majeure event.                  62.16030(f).
                                         first knew, or through    2. Rationale for attributing
                                         due diligence should       the delay in conducting the
                                         have known that the        performance test beyond the
                                         event may cause or         regulatory deadline to the
                                         caused a delay in          force majeure..
                                         conducting a performance  3. Description of the
                                         test beyond the            measures taken or to be
                                         regulatory deadline; the   taken to minimize the delay..
                                         notification must occur   4. Identification of the date
                                         before the performance     by which you propose to
                                         test deadline unless the   conduct the performance
                                         initial force majeure or   test..
                                         a subsequent force
                                         majeure event delays the
                                         notice, and in such
                                         cases, the notification
                                         must occur as soon as
                                         practicable.
Notification of intent to start or      1 month before starting    1. Intent to start or stop               Sec.
 stop use of a CMS.                      or stopping use of a CMS.  use of a CMS.                    62.16030(g)
Notification of intent to conduct a     At least 30 days prior to  1. Intent to conduct a
 performance test.                       the performance test.      performance test to comply
                                                                    with this subpart.
Notification of intent to conduct a     At least 7 days prior to   1. Intent to conduct a
 rescheduled performance test.           the date of a              rescheduled performance test
                                         rescheduled performance    to comply with this subpart.
                                         test.
----------------------------------------------------------------------------------------------------------------
\1\ This table is only a summary, see the referenced sections of the rule for the complete requirements.
\2\ CMS means continuous monitoring system.

[FR Doc. 2016-09292 Filed 4-28-16; 8:45 am]
 BILLING CODE 6560-50-P


